Current through Register Vol. 35, No. 18, September 24, 2024
Upon approval of an application for extern certification
that fulfills the requirements listed below, the board shall issue an extern
certification. In the interim between regular board meetings, whenever a
qualified applicant for extern certification has filed his or her application
and complied with all other requirements of this section, the board's chairman
or an authorized representative of the board may grant an interim temporary
extern certification that will suffice until the next regular meeting of the
board. In no event shall the applicant begin the practice of acupuncture and
oriental medicine until the extern certification or interim temporary extern
certification is issued by the board. The application requirements for extern
certification shall be receipt of the following by the board:
A. the fee for application for extern
certification specified in 16.2.10 NMAC;
B. an application for extern certification
that is complete and in English on a form provided by the board that shall
include the applicant's name, address, date of birth and social security
number, if available;
C. an
affidavit as provided on the "extern certification application" as to whether
the applicant:
(1) has been subject to any
disciplinary action in any jurisdiction related to the practice of acupuncture
and oriental medicine, or related to any other profession including other
health care professions for which the applicant is licensed, certified,
registered or legally recognized to practice including resignation from
practice, withdrawal or surrender of applicants license, certificate or
registration during thependency of disciplinary proceedings or investigation
for potential disciplinary proceedings; or
(2) has been a party to litigation in any
jurisdiction related to the applicants practice of acupuncture and oriental
medicine, or related to any other profession including other health care
professions for which the applicant is licensed, certified, registered or
legally recognized to practice; or
(3) is in arrears on a court-ordered child
support payment; or
(4) has
violated any provision of the act or the rules; and
D. an affidavit as provided on the "extern
certification application" stating that the applicant is an applicant for
licensure; and
E. an affidavit as
provided on the "extern certification application" stating that the applicant
understands that:
(1) an applicant who has
been subject to any action or proceeding comprehended by Subsection D of
16.2.3.10
NMAC may be subject to disciplinary action at any time, including denial,
suspension or revocation of licensure, pursuant to the provisions of the act,
Section
61-14A-17
NMSA 1978; and subject to the Uniform Licensing Act, Section
61-1-1
NMSA 1978, and subject to the Criminal Offender Employment Act, Section
28-2-1
NMSA 1978; and
(2) an applicant who
provides the board with false information or makes a false statement to the
board may be subject to disciplinary action, including denial, suspension or
revocation of licensure, pursuant to the provisions of the act, Section
61-14A-17
NMSA 1978, and the Uniform Licensing Act, Section
61-1-1
NMSA 1978; and
(3) the applicant is
responsible for reading, understanding and complying with the state of New
Mexico laws and rules regarding this application as well as the practice of
acupuncture and oriental medicine; and
(4) the scope of practice of an extern shall
be limited to the practice of acupuncture and oriental medicine as defined in
the act and 16.2.2 NMAC, except that the extern shall not prescribe or
administer any herbal, nutritional, homeopathic or any other medicines or
substances; when diagnosing and treating a patient, the extern shall practice
only within the limits of his or her education and training; the extern shall
possess and apply the knowledge, and use the skill and care ordinarily used by
reasonably well-qualified doctors of oriental medicine practicing under similar
circumstances, giving due consideration to their limited clinical experience;
and
(5) the extern certification
shall expire automatically 12 months after the date of issuance unless the
certificate expires sooner for any of the following reasons:
(a) upon licensure;
(b) if the extern fails the board's clinical
skills examination more than once; or
(c) if the extern is no longer under the
supervision of the externship supervisor; and
(6) if the externship relationship terminates
before the expiration of the extern certification, the extern may reapply to be
supervised by another externship supervisor by filing the appropriate forms
required by the board; the extern certification time limit of 12 months shall
remain the same and shall not be extended; and
(7) in no event shall an extern practice
under extern certification(s) for more than a total of 12 months or after
failing the board's clinical skills examination more than once; the extern
certification is not renewable; exceptions for good cause shall not apply to
the extern certification; and
(8)
the applicant must notify the board within ten days if the applicant's address
changes; and
(9) the board may
refuse to issue, or may suspend, or revoke any license, extern certification or
externship supervisor registration in accordance with the Uniform Licensing
Act, 61-1-1 to 61-1-31 NMSA 1978, for reasons authorized in Section
61-14A-17
NMSA 1978 of the act and clarified in 16.2.12 NMAC.
F. an accurate translation in English of all
documents submitted in a foreign language; each translated document shall bear
the affidavit of the translator certifying that he or she is competent in both
the language of the document and the English language and that the translation
is a true and faithful translation of the foreign language original; each
translated document shall also bear the affidavit of the applicant certifying
that the translation is a true and faithful translation of the original; each
affidavit shall be signed before a notary public; the translation of any
document relevant to an application shall be at the expense of the
applicant.