Current through Register Vol. 35, No. 18, September 24, 2024
A licensee in good standing may apply to have his or her
license placed on inactive status. Upon approval of an application for an
inactive license that fulfills the requirements listed below, the board shall
place the license on inactive status. The application requirements for an
inactive license shall be receipt of the following by the board:
A. the administrative fee for inactive
license application specified in 16.2.10 NMAC paid by check or money order in
U.S. funds; and
B. an inactive
license application 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;
C. an
affidavit provided on the inactive license application form as to whether the
applicant since last renewing his or her license with the board:
(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 the
pendency 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 official license history since last
renewing his or her license with the board, which is a certificate from each
jurisdiction stating the disciplinary record of the applicant, from each
jurisdiction where the applicant has been licensed, certified, registered or
legally recognized to practice acupuncture, oriental medicine or any other
profession, including other health care professions, in any jurisdiction,
pursuant to any authority other than the New Mexico Acupuncture and Oriental
Medicine Practice Act; and
E. an
affidavit as provided on the inactive license application form stating that the
applicant understands that:
(1) an applicant
who has been subject to any action or proceeding comprehended by Subsection C
of 16.2.15.9 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, et seq., and subject to the Criminal Offender Employment Act,
Section
28-2-1
NMSA 1978, et seq; 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, et seq.; and
F. an affidavit as provided on the inactive
license application form stating that the applicant understands that:
(1) 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
(2) the applicant
must notify the board within 10 days if the applicant's address changes;
and
(3) an inactive licensee shall
comply with any continuing education requirements established by the board;
and
(4) an inactive license shall
expire after 15 years; and
(5) an
inactive licensee shall not practice acupuncture and oriental medicine, as
defined in the act, in New Mexico; an inactive licensee shall not represent
himself or herself as a doctor of oriental medicine in public statements that
include, but are not limited to, paid or unpaid advertising, brochures, printed
or copied materials, electronic or digital media, directory listings, personal
resumes or curricula vitae, business cards, interviews or comments for use in
media, statements in legal proceedings, lectures and public presentations; an
inactive licensee shall not teach acupuncture and oriental medicine at an
educational program; and
(6)
providing or offering to provide oriental medical services, engaging in the
practice of acupuncture and oriental medicine or teaching acupuncture and
oriental medicine at an educational program by an inactive licensee shall be
grounds for disciplinary action by the board for unprofessional conduct and
potentially for other appropriate reasons pursuant to Section
61-14A-17
NMSA 1978 of the Act and 16.2.12 NMAC; and
(7) an inactive licensee shall comply with
the appropriate requirements of Section
61-14A-17
NMSA 1978 of the Act and 16.2.12 NMAC; and
(8) the board will not accept an inactive
license application from a licensee who is under investigation for violations
of the act or who has an active complaint pending before the board with the
exception of an impaired licensee who is participating in a rehabilitation plan
approved by the board; and
G. 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.
