At this rules hearing, a number of matters that could be expected to greatly affect established DOMs as well as new licensees were considered. Comments pointing out difficulties with the proposed rules were made by DOMs around the state, and for the most part the BAOM acted in accordance with these comments. Steven Malins, DOM attended the rules hearing and meeting, and gave the following report:
On Wednesday, September 18th the New Mexico Board of Acupuncture and Oriental Medicine (“the board”) held a public rule hearing and regular meeting. The proposed rules were passed with minor changes. The final language will be posted after it has been reviewed by RLD and it will go into effect 30 days after being published. A summary of the proposed changes is available here: http://22.214.171.124/nmac/nmregister/xxx/RLD-ABnotice_xxx15.html
Notable changes to the proposed rules that were made at the meeting are:
1. BLS (CPR) courses approved by the American Red Cross will also be accepted.
2. NCCAOM Certification in acupuncture alone is acceptable as proof of CEU requirements if licensed prior to 1997.
1 Changes to NMAC Title 16 Chapter 2
Except where noted here, changes made were the proposed rules that were posted on the board’s website and summarized in the New Mexico Register. Draft minutes of the rules hearing and meeting were supposed to be available from the board office 10 business days after the meeting.
1.1 CPR Requirement
The board considers it important for Doctors of Oriental Medicine to receive hands-on training in CPR. This is the standard that other medical professions have long adhered to. While the board believes this is important to enforce, given its role in protecting public safety, it does not want the administrative burden of auditing, inspecting, or verifying individual CPR courses or programs. The American Heart Association is a member of the International Liaison Committee on Resuscitation (ILCOR) and is the US standards-setting organization for CPR. The AHA approves courses across the country to make sure that they adhere to the high standards that they set in accordance with the ILCOR recommendations.
1.1.2 Red Cross
In 2016 the American Heart Association and the American Red Cross issued a joint statement that:
Both the AHA’s and the Red Cross’ CPR educational programs are congruent with recommendations in the /2015 International Consensus on Cardiopulmonary Resuscitation (CPR) and Emergency Cardiovascular Care (ECC) Science With Treatment Recommendations. Based on this, the board voted to include American Red Cross approved courses for BLS certification. The following sections of the proposed rules had “or American Red Cross” added in the appropriate places.
• 126.96.36.199 K
• 188.8.131.52 J
• 184.108.40.206 B
• 220.127.116.11 N
Identical language will be used in all sections, and RLD will check the final language before it is submitted.
1.2 16.2.3 Application for Licensure
The requirement for CPR is changed as noted above. The deadlines to submit documentation have been changed to 24 months in all cases; this simplifies the requirements and makes sense given the changes to part 4 regarding examinations.
1.3 16.2.4 Examinations
The board has reviewed the pass rates for the clinical skills exam for the past few years. Based on that information and information provided by the exam committee, the board decided to require passing the NCCAOM exams before an applicant takes the clinical skills exam. This is consistent with many other medical professions, and the board believes it will decrease the number of applicants who have to retake the clinical skills exam.
Minor Wording Change
The changes to 18.104.22.168 were modified for clarity.
The first change should now read that the NCCAOM Examinations must be completed prior to taking the clinical skills exam. The board notes that completed implies that the exams are passed.
The change to 22.214.171.124 was also edited for clarity. The change was moved to before the list of exams, so that 126.96.36.199 A reads “Achievement of a passing score as determined by the national certification commission for acupuncture and oriental medicine (NCCAOM) on each of the following prior to taking the clinical skills exam.”
1.4 16.2.8 License Renewal
The CPR requirement is changed as noted above; otherwise the proposed changes were accepted as written.
1.5 16.2.9 Continuing Education
Accept NCCAOM acupuncture only (not requiring the herbology exam as well) for those licensed prior to 1997. This change should have been included in the published proposed changes, but was missing due to technical difficulties.
188.8.131.52 A (1) is changed to read “proof of continuing NCCAOM recertification in oriental medicine, or in both acupuncture or and Chinese herbology or in acupuncture alone if licensed prior to 1997.”
CEU hours if not NCCAOM Certified:
The board accepted the proposed change to 184.108.40.206 A (2) as written. The concern of the board is that under the existing/old language a DOM could conceivably go many years without taking a single CEU course; they could state that they took 60 CEUs 5 years ago and intend to take 60 more in the next two years, for example. Doctors of Oriental Medicine who choose to maintain NCCAOM certification may still take 60 credits in one year and submit them to NCCAOM for verification; this change only applies to those who choose to let their national certification lapse. The board acknowledged that several comments were made in opposition to this change, but voted to accept the change.
1.6 16.2.17 Licensure by Endorsement
CPR requirement added, as amended.
1.7 16.2.18 Educational Courses for Expanded Practice Certification
1.7.1 220.127.116.11 Basic Injection Therapy Educational Course Hours
B was changed for clarity. Dr. Glenn Wilcox expressed concern that USP 797 covers more than just recordkeeping for storage and dispensing. The board asked Dr. Wilcox to submit in writing proposed language/changes to the rules committee, but accepted the proposed changes as written at this time.
Dr. Steven Malins reminded the board that any changes should take into consideration section 13 as a whole, which specifies hours for other subjects as well.
1.7.2 18.104.22.168 Bioidentical hormone therapy educational course hours
The board added more hours to be practical hours, and thus fewer pure didactic hours. Dr Glenn Wilcox asked that D and E be included for practical hours as well. The board approved this change.
1.8 16.2.19 Expanded Practice Certifications
22.214.171.124 is changed to be in line with current standards in the wider medical profession.
The board approved the recommendation to define the acronyms RMSK and RMSKS in the text of the rule. Otherwise, the proposed changes were accepted as written.