ANNOUNCEMENT - APRIL 1, 2010

On April 1, 2010, as a result of an appeal filed pro se  (for oneself - that is without an attorney) by Dr. Glenn Wilcox and supported by The OMA, the New Mexico Court of Appeals reversed the following rules adopted by the Board of Acupuncture and Oriental Medicine on September 16, 2009.

1.  Rule 16.2.20 NMAC, which is the entire new rule “Expanded Practice Formulary”;

2.  Rule 16.2.1.7.B(8), NMAC which is the definition of “Authorized Substances”;

3.  Rule 16.2.2.13 NMAC, which is the “Prescriptive Authority Formulary” adopted by the BAOM prior to the adoption of the Appealed Regulations;

4.  Rule 16.2.9.9.B NMAC, which is the requirement that oriental medicine expanded practice continuing education shall be limited to only substances listed in the newly adopted 16.2.20 NMAC Expanded Practice Formulary;

5.  Rule 16.2.1.7.B(9) NMAC, which is the definition of “Bioidentical Hormones”;

6.  Rule 16.2.1.7.B(35) NMAC, which is the definition of “Natural Substances”;

7.  Rule 16.2.10.9.C(15) NMAC, which is the new $200.00 fee for application for biennial expanded practice certification renewal;

8.  Rule 16.2.10.9.C(16) NMAC, which is the new $125.00 fee for late expanded practice certification renewal;

9.   Rule 16.2.10.9.C(17) NMAC, which is the new $100.00 fee for expired expanded practice certification renewal;

10.  Rule  16.2.10.9.C(28) NMAC, which is the new $600.00 fee for application for approval of an expanded practice educational program; and

11.  Rule 16.2.10.9.C(29) NMAC, which is the new $200.00 fee for renewal of an expanded prescriptive authority course.

Note that only the above rules were specified in the appeal. All other rules adopted by the BAOM on September 16, 2009 are effective. By law, as of April 1, 2010, if one of the above rules was in effect prior to September 16, 2009 it is now in effect once again (2, 3, 5, and 6). And if one of the above rules was newly created and adopted by the BAOM on September 16, 2009, it is no longer in effect (1, 4, 7, 8, 9, 10 and 11).

ANNOUNCEMENT - NOVEMBER 28, 2009

On November 28, 2009, a number of new or amended regulations, adopted by the New Mexico Board of Acupuncture and Oiental Medicine on September 16, 2009 went into effect. Some of these regulations impact licensees and some impact applicants for licensure.