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New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 

 

NOTICE OF PUBLIC HEARING 8.8.3 NMAC and 8.17.2 NMAC

 

The Children, Youth and Families Department (CYFD), Early Childhood Services (ECS), will hold a formal public hearing on June 29, 2015, at 11:00 a.m. in Apodaca Hall located at 1120 Paseo de Peralta, Santa Fe, New Mexico, to receive public comments regarding changes to regulations NMAC 8.8.3 Children, Youth and Families General Provisions Governing Background Checks and Employment History Verification and 8.17.2 NMAC Non-Licensed Child Care Requirements Governing Registration of Non-Licensed Family Child Care Homes.

 

The proposed regulation changes may be obtained at www.newmexicokids.org or by calling 505-827-7499 or 1-800-832-1321. Interested persons may testify at the hearing or submit written comments no later than 12:00 p.m. on June 29, 2015.  Written comments will be provided the same consideration as oral testimony given at the hearing. Written comments should be addressed to: Jeffrey Miles, Child Care Services Bureau, Children, Youth and Families Department, P.O. Drawer 5160, Santa Fe, New Mexico 87502-5160, Fax Number: 505-827-9978. For questions regarding the proposed regulation changes, please call 505-827-7499 or 1-800-832-1321.

 

If you are a person with a disability and you require this information in an alternative format or require special accommodations to participate in the public hearing, please call 505-827-7499 or 1-800-832-1321.  ECS requests at least 10 days advance notice to provide requested alternative formats and special accommodations.

 

 

NOTICIA DE AUDICION PÚBLICA 8.8.3 NMAC and 8.17.2 NMAC

 

El Departamento de Niños, Juventud y Familias (CYFD), Servicios de Niñez Temprana (ECS), tendrá una audición formal para el público el lunes, 29 de junio de 2015, a las 11:00 de la mañana en el salón Apodaca, localizado en 1120 Paseo de Peralta, Santa Fe, New Mexico, para recibir comentarios públicos con respecto a cambios propuestos a las regulaciones NMAC 8.8.3  provisiones  generale que gobernarn de antecedentes penales y verificación de historial de empleo y NMAC 8.17.2 de Sin-Licencias para Guarderías Administración de Registro de Sin-Licencias Casas de Familia Guardería.

 

Los cambios propuestos de la regulación pueden ser obtenidos en www.newmexicokids.org o por llamar 505-827-7499 o 1-800-832-1321. Las personas interesadas pueden testificar en la audición o someter comentarios escritos hasta las 12:00 de la tarde el día 29 de junio de 2015. Los comentarios escritos serán proporcionados la misma consideración como testimonio oral en la audición. Los comentarios escritos deben ser dirigidos a: Jeffrey Miles, Child Care Services Bureau, Children, Youth and Families Department, P.O. Drawer 5160, Santa Fe, New Mexico 87502-5160, Fax #: 505-827-9978. Preguntas con respecto a los cambios propuestos de regulación, por favor llame 505-827-7499 o 1-800-832-1321.

 

Si usted es una persona con incapacidades y usted requiere esta información en un formato alternativo o requiere alojamientos especiales para tomar parte en la audición pública, por favor llame 505-827-7499 o 1-800-832-1321.  CYFD requiere aviso de las peticiones por lo menos 10 días de preaviso para proporcionar formatos solicitados alternativos y alojamientos especiales.

 
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New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 

 

Public Meeting Notice

 

A meeting of the Acequia and Community Ditch Fund Committee will be held to determine distribution of the FY2016 Acequia and Community Ditch Fund. The meeting will be held on Wednesday, June 17, 2015, at 9:00 a.m. in Santa Fe, New Mexico, Room 326, State Capitol Building.

 

Copies of the agenda may be obtained by contacting the New Mexico Department of Agriculture, at (575) 646-2642, or by writing New Mexico Department of Agriculture, Agricultural Programs and Resources, MSC-APR, P O Box 30005, Las Cruces, New Mexico 88003-8005.

 

NOTICE TO PERSONS WITH DISABILITIES: If you have a disability and require special assistance to participate in this meeting, please contact the New Mexico Department of Agriculture at least three (3) days prior to the meeting, at (575) 646-2642.  Disabled persons who need documents such as agendas or minutes in accessible form should contact the New Mexico Department of Agriculture.

 
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New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 

 

NOTICE OF RULE HEARING

 

The New Mexico Commission of Public Records has scheduled a rule hearing for Thursday, June 25, 2015, at 9:00 A.M.  The hearing will be conducted by an appointed hearing officer at the New Mexico State Records Center and Archives, which is an accessible facility, at 1205 Camino Carlos Rey, Santa Fe, NM.  The purpose of this hearing is to consider repealing, amending and adopting new rules as listed below.

 

Advances in technology have led to the prevalent use of electronic formats for the creation and dissemination of records. The difficulty encountered by state employees in classifying public records has become increasingly evident, especially when classifying electronic records and e-mail correspondence.  E-mail classification should be based on the content of the message; however, the subjectivity involved in determining proper classification creates confusion and inconsistencies.

 

At present, there are approximately 6,000 classifications into which a record could be classified appearing in more than 100 departmental schedules. Departmental schedules, which are unique to each agency, are broken down by administrative program and detailed according to specific document.  This schedule type frequently results in duplicate classifications on multiple schedules.  Changes in procedures and administrative overlap make departmental schedules difficult to maintain as new processes are implemented and new forms are created.

 

In meeting its statutory mandate to provide efficient, effective, and economical records management programs, the Commission of Public Records has made it a priority to streamline these records classifications by moving to a functional schedule.

 

Functional records classification is based on the function or use of a record rather than its programmatic placement or point of origin.  This type of schedule prevents duplicate record series and minimizes the overall number of classifications.  To illustrate, there are currently 55 classifications contained in the general financial schedule, some of which have multiple retentions.  These 55 series can be reduced to merely five functional classifications: budgeting, accounts payable, accounts receivable, payroll, and contracts.  This reduction can greatly simplify how state employees classify their records.

 

In addition to functional schedules, the Commission will consider repealing and replacing the Historical Records Grant Program Guidelines to make application for funding less cumbersome and to update federal and state requirements.

 

Public comment will also be taken related to a potential new rule for the use of electronic and digital signatures.

 

Interested individuals may provide comments regarding the proposed rulemaking actions at the rule hearing and/or submit written comments via email at rmd.cpr@state.nm.us. Written comments must be received no later than 5:00 p.m. on June 23, 2015. The submission of written comments as soon as possible is encouraged. Persons offering written comments at the meeting must have 2 copies for the hearing officer. A copy of the agenda and proposed rules are available on the Commission webpage at www.nmcpr.state.nm.us.

 

The agenda is subject to change up to 72 hours prior to the meeting.

 

Repeal and Replace

1.13.5 NMAC           New Mexico Historical Records Grant Program Guidelines

1.12.7 NMAC           Digital/Electronic Signature

 

Repeal

1.15.1 NMAC           GRRDS, General Provisions

1.15.2 NMAC           GRRDS, General Administrative Records

1.15.3 NMAC           GRRDS, General Administrative Records (for Use by Local Government and Educational Institutions)

1.15.4 NMAC           GRRDS, General Financial

1.15.5 NMAC           GRRDS, General Financial Schedule (Interpretive)

1.15.6 NMAC           GRRDS, General Personnel Records

1.15.7 NMAC           GRRDS, General Personnel (Interpretive)

1.15.8 NMAC           GRRDS, General Medical Records

1.15.9 NMAC           GRRDS, General Hospital and Medical Center Records

1.16.111 NMAC      LRRDS, Legislative Council Service

1.16.112 NMAC      LRRDS, Legislative Finance Committee

1.16.117 NMAC      LRRDS, Legislative School Study Committee

1.16.119 NMAC      LRRDS, Legislative Maintenance

1.17.205 NMAC      JRRDS, Supreme Court Law Library

1.17.210 NMAC      JRRDS, Judicial Standards Commission

1.17.215 NMAC      JRRDS, Court of Appeals

1.17.216 NMAC      JRRDS, Supreme Court

1.17.218 NMAC      JRRDS, New Mexico Magistrate Courts

1.17.219 NMAC      JRRDS, Board Governing the Recording of Judicial Proceedings

1.17.220 NMAC      JRRDS, Administrative Office of the Courts

1.17.230 NMAC      JRRDS, New Mexico District Courts

1.17.244 NMAC      JRRDS, Bernalillo County Metropolitan Court

1.17.264 NMAC      JRRDS, Administrative Office of the District Attorneys and the District Offices

1.18.305 NMAC      ERRDS, Office of the Attorney General

1.18.308 NMAC      ERRDS, Office of the State Auditor

1.18.333 NMAC      ERRDS, Taxation and Revenue Department

1.18.337 NMAC      ERRDS, State Investment Council

1.18.341 NMAC      ERRDS, Department of Finance and Administration

1.18.342 NMAC      ERRDS, Public School Insurance Authority

1.18.343 NMAC      ERRDS, Retiree Health Care Authority

1.18.350 NMAC      ERRDS, General Services Department

1.18.352 NMAC      ERRDS, Educational Retirement Board

1.18.355 NMAC      ERRDS, Public Defender Department

1.18.356 NMAC      ERRDS, NM Office of the Governor

1.18.360 NMAC      ERRDS, Lieutenant Governor's Office

1.18.361 NMAC      ERRDS, Office of the Chief Information Officer

1.18.366 NMAC      ERRDS, Public Employees Retirement Association

1.18.369 NMAC      ERRDS, Commission of Public Records

1.18.370 NMAC      ERRDS, Secretary of State

1.18.378 NMAC      ERRDS, State Personnel Office

1.18.379 NMAC      ERRDS, Public Employee Labor Relations Board

1.18.394 NMAC      ERRDS, Office of the State Treasurer

1.18.404 NMAC      ERRDS, Board of Examiners for Architects

1.18.418 NMAC      ERRDS, Tourism Department

1.18.419 NMAC      ERRDS, Economic Development Department

1.18.420 NMAC      ERRDS, Regulation and Licensing Department

1.18.430 NMAC      ERRDS, Public Regulation Commission

1.18.440 NMAC      ERRDS, Office of Superintendent of Insurance

1.18.446 NMAC      ERRDS, Board of Medical Examiners

1.18.449 NMAC      ERRDS, Board of Nursing

1.18.460 NMAC      ERRDS, State Fair Commission

1.18.464 NMAC      ERRDS, State Board of Licensure for Professional Engineers and Surveyors

1.18.465 NMAC      ERRDS, Gaming Control Board

1.18.469 NMAC      ERRDS, State Racing Commission

1.18.479 NMAC      ERRDS, Board of Veterinary Medicine

1.18.505 NMAC      ERRDS, Cultural Affairs Department

1.18.508 NMAC      ERRDS, New Mexico Livestock Board

1.18.516 NMAC      ERRDS, Department of Game and Fish

1.18.521 NMAC      ERRDS, Energy, Minerals and Natural Resources Department

1.18.539 NMAC      ERRDS, State Land Office

1.18.550 NMAC      ERRDS, Office of the State Engineer

1.18.601 NMAC      ERRDS, Commission on the Status of Women

1.18.605 NMAC      ERRDS, Martin Luther King Jr Commission

1.18.606 NMAC      ERRDS, Commission For the Blind

1.18.609 NMAC      ERRDS, Indian Affairs Department

1.18.624 NMAC      ERRDS, Aging and Long Term Services Department

1.18.630 NMAC      ERRDS, Human Services Department

1.18.631 NMAC      ERRDS, Department of Workforce Solutions

1.18.632 NMAC      ERRDS, Worker's Compensation Administration

1.18.644 NMAC      ERRDS, Division of Vocational Rehabilitation

1.18.647 NMAC      ERRDS, Developmental Disabilities Planning Council

1.18.665 NMAC      ERRDS, Department of Health

1.18.667 NMAC      ERRDS, New Mexico Department of Environment

1.18.669 NMAC      ERRDS, Health Policy Commission

1.18.670 NMAC      ERRDS, Veterans' Services Department

1.18.690 NMAC      ERRDS, Children, Youth and Families Department

1.18.705 NMAC      ERRDS, Department of Military Affairs

1.18.760 NMAC      ERRDS, Adult Parole Board

1.18.765 NMAC      ERRDS, Juvenile Public Safety Advisory Board

1.18.770 NMAC      ERRDS, Corrections Department

1.18.780 NMAC      ERRDS, Crime Victims Reparation Commission

1.18.790 NMAC      ERRDS, Department of Public Safety

1.18.794 NMAC      ERRDS, Mounted Patrol

1.18.795 NMAC      ERRDS, Homeland Security and Emergency Management Department

1.18.805 NMAC      ERRDS, Department of Transportation

1.18.924 NMAC      ERRDS, Public Education Department

1.18.926 NMAC      ERRDS, School For the Blind and Visually Impaired

1.18.927 NMAC      ERRDS, New Mexico School For the Deaf

1.18.940 NMAC      ERRDS, Public Schools Facilities Authority

1.18.950 NMAC      ERRDS, Higher Education Department

1.18.954 NMAC      ERRDS, New Mexico Department of Agriculture

1.18.980 NMAC      ERRDS, NM Office of the Medical Investigator

1.19.2 NMAC           LGRRDS, Office of the County Assessor

1.19.3 NMAC           LGRRDS, Office of the County Clerk

1.19.4 NMAC           LGRRDS, Board of County Commissioners County Managers

1.19.5 NMAC           LGRRDS, Office of the County Sheriff

1.19.6 NMAC           LGRRDS, Office of the County Treasurer

1.19.7 NMAC           LGRRDS, Southern Sandoval County Arroyo Flood Control Authority (SSCAFCA)

1.19.8 NMAC           LGRRDS, New Mexico Municipalities

1.19.9 NMAC           LGRRDS, New Mexico Municipal Courts

1.19.10 NMAC        LGRRDS, Middle Rio Grande Conservancy District

1.19.11 NMAC        LGRRDS, Soil and Water Conservation Districts and Watershed Districts

1.20.2 NMAC           EDRRDS, New Mexico Public Schools

1.20.3 NMAC           EDRRDS, New Mexico Colleges and Universities

 

New

1.21.2 NMAC           FRRDS, Public Records

 
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New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 

 

Notice of Proposed Rulemaking

 

The New Mexico Public Accountancy Board (“Board”) will convene a public hearing and regular Board meeting on Tuesday, August 11, 2015.  The hearing and meeting will be held at 9:00 a.m. in the Conference Room of the Regulation and Licensing Department Building, 5200 Oakland NE, Albuquerque, New Mexico.  Notice of the meeting is given in accordance with the Board’s Open Meetings Policy.  The hearing will be held for the purpose of affording members of the public the opportunity to offer comments on proposed amendments to existing Board rules.

 

The Board’s Rules Committee will recommend that the Board adopt amendments to the following rules:

 

 

NMAC NUMBER

 

 

RULE NAME

 

16.60.1 NMAC

 

 

16.60.3 NMAC

 

 

16.60.4 NMAC

 

16.60.5 NMAC

 

General Provisions

 

Licensure and Continuing Professional

Education Requirements

 

Firm Permit Application, Renewal, Reinstatement, and Notification Requirements

 

Rules of Conduct

 

 

Notice of the hearing and Board meeting has been published in the New Mexico Register and in the Albuquerque Journal.  Interested parties may access the proposed amendments on the Board’s website at www.rld.state.nm.us/accountancy.  Copies may also be obtained by contacting the Board office at (505) 222-9851.  Written comments regarding the proposed amendments should be directed to Mrs. Jeanette Contreras, Licensing Manager, Public Accountancy Board, 5200 Oakland NE, Suite D, Albuquerque, New Mexico  87113; faxed to (505) 222-9855; or sent via e-mail to Jeanette.Contreras@state.nm.us.  Comments must be received by 5:00 p.m. on Friday, July 31, 2015; however the submission of written comments as soon as possible is encouraged.

 

Individuals with disabilities who require this information in an alternative format or need any form of auxiliary aid to attend or participate in this meeting should contact the Board office at (505) 222-9850 by 5:00 p.m. on Friday, July 31, 2015.

 
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New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 

 

Amended Notice of Public Hearing to Consider Proposed Amendments to the Underground Injection Control Rules, 20.6.2.3000 NMAC and 20.6.2.5000 NMAC

 

This Amended Notice of Public Hearing revises the Notice of Hearing published in the New Mexico Register on May 15, 2015.  This Notice contains additional deadlines established by the procedural order governing the hearing.  The Notice also includes an updated location for the hearing in Artesia, New Mexico.

 

The New Mexico Water Quality Control Commission will hold a public hearing beginning at 9:00 a.m. on July 14, 2015 at the Artesia City Hall Chambers, 511 West Texas Avenue, Artesia, New Mexico, 88210 to consider proposed amendments to the New Mexico Water Quality Act rules, 20.6.2 NMAC, proposed in WQCC Docket Number 14-15 (R) by Navajo Refining Company, L.L.C. The proposal addresses the underground injection control rules and would amend Sections 20.6.2.3106-07, 20.6.2.3109, 20.6.2.5002-04, 20.6.2.5101-04, 20.6.2.5200-01, 20.6.2.5204, and 20.6.2.5209-10 NMAC and add new text as 20.6.2.5300 through 20.6.2.5399 NMAC.

 

In 1982, New Mexico applied for and received Primary Enforcement Authority (“Primacy”) from the United States Environmental Protection Agency (“EPA”) to administer the Federal Safe Drinking Water Act Underground Injection Control Program in New Mexico.  The New Mexico Water Quality Control Commission rules contain the principal parts of New Mexico’s approved program delegation.  The proposed rule changes that are the subject of the July 14, 2015 hearing seek to amend certain parts of those rules governing Class I underground injection control wells.  Specifically, the proposed rule changes would (1) modify the current prohibition on Class I underground injection control wells for hazardous waste to allow oil refineries to seek permits to operate Class I underground injection control wells for hazardous waste that they generate; and (2) authorize the permitting of Class I underground injection control wells for hazardous waste generated by oil refineries that are consistent with federal construction, operation, monitoring, closure, and financial assurance standards.  If the Water Quality Control Commission adopts the proposed rule changes, the final rule will be submitted to EPA for approval as part of New Mexico’s delegated authority to administer the Underground Injection Control program.

 

The proposed changes and the procedural order governing the hearing may be reviewed during regular business hours at the Commission Administrator’s office located in the Harold Runnels Building, 1190 St. Francis Drive, Room S-2102 Santa Fe, New Mexico, 87502.  In addition, copies of the proposed amendments and the procedural order governing the hearing are posted on the NMED website at http://www.nmenv.state.nm.us. Copies at this location will be available to individuals for photocopying at their own expense.  Requests for further information about the proposed rule should be directed to Pam Castañeda, Commission Administrator, at the above address.

 

The hearing will be conducted in accordance with the Guidelines for Water Quality Control Commission Regulation Hearings, the Water Quality Act, Section 74-6-6 NMSA 1978, and other applicable procedures and procedural orders.  Written comments regarding the proposed revisions may be addressed to Pam Castañeda, Commission Administrator, at the above address; reference docket number WQCC 14-15 (R).  Written comments must be received by July 14, 2015.

 

All interested persons will be given reasonable opportunity at the hearing to submit relevant evidence, data, views and arguments, orally or in writing, to introduce exhibits, and to examine witnesses.  Any person who wishes to submit a non-technical written statement for the record in lieu of oral testimony must file such statement prior to the close of the hearing.

 

Pursuant to the procedural order, persons wishing to present technical testimony must file with the Commission a written notice of intent to do so.  The requirements for a notice of intent can be found in the Commission’s Guidelines for Regulation Hearings.  Notices of intent for the hearing, along with written technical testimony, must be received by the Office of the Commission Administrator by 5:00 pm on June 15, 2015, and should reference the name of the regulation, the date of the hearing, and docket number WQCC 14-15 (R).  Any rebuttal testimony to the written technical testimony must be submitted to the Office of the Commission Administrator by 5:00 pm on June 29, 2015, and should reference the name of the regulation, the date of the hearing, and docket number WQCC 14-15 (R).  All motions related to the hearing must be received by the Office of the Commission Administrator by 5:00 pm on July 6, 2015, and should reference the name of the regulation, the date of the hearing, and docket number WQCC 14-15 (R).

 

If you are an individual with a disability who needs a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, contact Pam Castañeda at least ten days prior to the hearing or as soon as possible at 505.827.2425 or Pam.Castaneda@state.nm.us. Public documents can be provided in various accessible formats. Contact Pam Castañeda if accessible format is needed.

 

The Commission may make a decision on the proposed regulatory changes at the conclusion of the hearing, or may convene a meeting after the hearing to consider action on the proposal.

 
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New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 

 

Notice of Public Hearing

 

The Law Offices of the Public Defender (“Department”) hereby gives notice that the Department will offer proposed new rules for public comment beginning May 30, 2015.  The purpose of this notice is to obtain input on the following proposed personnel policies and procedures:

 

10.12.1 NMAC - General Provisions

10.12.2 NMAC - Appointments

10.12.3 NMAC - Classification

10.12.4 NMAC - Pay

10.12.5 NMAC - Recruitment, Assessment and Selection

10.12.6 NMAC - General Working Conditions

10.12.7 NMAC - Absence and Leave

10.12.8 NMAC - Drug and Alcohol Abuse

10.12.9 NMAC - Performance Appraisals

10.12.10 NMAC - Furlough, Reduction in Force, Reemployment, Separation without Prejudice

10.12.11 NMAC - Discipline

10.12.12 NMAC - Adjudication

10.12.13 NMAC - Rulemaking

 

The proposed rules may be accessed at the Department’s website (http://www.lopdnm.us); obtained from the Law Offices of the Public Defender, 301 N. Guadalupe Street, Suite 201, Santa Fe, NM 87501 or by contacting Barbara.Auten@lopdnm.us.

 

Written comments regarding the proposed rulemaking must be submitted to Law Offices of the Public Defender; Attention:  Barbara Auten, Human Resources Director;  301 North Guadalupe Street; Santa Fe, NM 87501 or to Barbara.Auten@lopdnm.us not later than 5 pm, June 15, 2015 however, the submission of written comments as soon as possible is encouraged.

 
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New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 

 

Notice of Proposed Rulemaking

 

The Public Education Department (“Department”) hereby gives notice that the Department will conduct a public hearing at Mabry Hall, Jerry Apodaca Education Building, 300 Don Gaspar, Santa Fe, New Mexico 87501-2786, on Monday, June 29, 2015, from 9:00 a.m. to 11:00 a.m..  The purpose of the public hearing will be to obtain input on the proposed amendments to 6.30.5 NMAC (Optional Full-Day Kindergarten).

 

Interested individuals may provide comments at the public hearing and/or submit written comments to Melinda Webster, Director, Literacy and Early Childhood Bureau, via email at rule.feedback@state.nm.us, fax (505) 827-6597 or directed to Ms. Webster, Literacy and Early Childhood Bureau, Public Education Department, Jerry Apodaca Education Building, 300 Don Gaspar, Santa Fe, New Mexico 87501. Written comments must be received no later than 5:00 p.m. on the date of the hearing. However, the submission of written comments as soon as possible is encouraged.

 

Copies of the proposed rules may be accessed on the Department’s website under the “Public Notices” link (http://ped.state.nm.us/ped/PublicNotices.html), or obtained from Ms. Webster by calling (505) 827-6567.

 

Individuals with disabilities who require this information in an alternative format or need any form of auxiliary aid to attend or participate in the public hearing are asked to contact Ms. Webster as soon as possible. The NMPED requires at least ten (10) days advance notice to provide requested special accommodations.

 
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New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 

 

Regular Board Meeting

 

Notice to the Public

 

The New Mexico Board of Pharmacy will convene on:

 

June 24th 2015 at 1:00 p.m. – 5:00 p.m.

June 25th 2015 at 9:00 a.m. – 5:00 p.m.

June 26th 2015 at 9:00 a.m. – 12:00 noon (tentative)

 

In the Board of Pharmacy Conference Room located at 5200 Oakland Ave., NE, Albuquerque, NM for the purpose of conducting a regular board meeting.  Anyone who needs special accommodations for the meeting should contact the board office at (505) 222-9830 or contact Debra Wilhite, Administrative Secretary, at (505) 222-9835 or fax (505) 222-9845, e-mail debra.wilhite@state.nm.us as soon as possible.

 

You may view and obtain copies of the agenda (tentative) starting June 12, 2015 through the board’s website: www.rld.state.nm.us/boards/pharmacy.aspx. 

 

Individuals petitioning the board regarding requests/waivers and/or interested persons wishing to comment on proposed language regarding rule hearings must submit documentation for presentation; via fax (505) 222-9845, mail or email to the Executive Director, Ben Kesner, Ben.Kesner@state.nm.us or Debra Wilhite, debra.wilhite@state.nm.us no later than Monday, June 12, 2015, if in attendance must provide 12 copies of the documentation for distribution to board members.  (Board staff is not required to make copies.)

 

The Board will address:

 

                Rule Hearings:

 

                16.19.6 NMAC Pharmacies - New section 27; Automated Drug Dist. Systems in Health Care Facilities

                16.19.26 NMAC Pharmacist Prescriptive Authority; Immunization

                16.19.29 NMAC Controlled Substances Prescription Monitoring Program

               

                *Executive Director’s Report:

 

*The board may go into Executive Session to discuss these items and any other items pursuant to Section 10-15-1H(1), Section 10-15-1H(2), Section 10-15-1H(3) or Section 10-15-1H(7) of the Open Meeting Act.  Agenda items may be executed at any time during the meeting to accommodate hearings.

 

Published in the Albuquerque Journal May 14, 2015

 
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New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 

 

The New Mexico Human Services Department (the Department) Medical Assistance Division (MAD) is proposing to amend New Mexico Administrative Code (NMAC) rules: 8.281.500 Institutional Care and 8.200.430 General Recipient Policies.  The register and amendments to these rules will be available May 30, 2015 on the HSD website: http://www.hsd.state.nm.us/LookingForInformation/registers.aspx or http://www.hsd.state.nm.us/public-notices-proposed-rule-and-waiver-changes-and-opportunities-to-comment.aspx. If you do not have internet access, a copy of the proposed register and rules may be requested by contacting MAD at 505-827-7743 or at 888-997-2583 asking for extension 7-7743.

 

The Department is taking this opportunity to amend the rules to implement the Qualified State Long Term Care Insurance Partnership Program, to define who may be recognized as a spouse, and to update and standardize language.

 

Highlights:

                8.200.430 NMAC Section 19-the proposed amendment now defines surviving spouse and allows for the exclusion of certain resources, property in the estate recovery process, and revises the definition of homestead as it pertains to estate recovery. 

                8.281.500 NMAC Section 7-the proposed amendment adds definitions for asset limits, long term care insurance policy, protected asset limits, the Qualified State Long Term Care Partnership Program, and defines who is recognized as a spouse.

                8.281.500 NMAC Section 13-the proposed amendment adds detailed instruction to implement the Qualified State Long Term Care Insurance Partnership Program. 

                8.281.500 NMAC Section 14-the proposed amendment adds instructions on asset transfers under the Qualified State Long Term Care Insurance Program. 

                8.281.500 NMAC Section 16-the proposed amendment adds instruction as to how to determine the resource assessments when an eligible recipient has a policy for the Qualified State Long Term Care Insurance Partnership Program.

                8.281.500 NMAC Section 23-the proposed amendment adds instructions on determining deductions of premiums for the Qualified State Long Term Care Insurance Partnership policies in the medical care credit calculation. The amendment allows a deduction for the full amount of court ordered child or spousal support.

 

The Department proposes to have 8.200.430 and 8.281.500 NMAC effective August 1, 2015. A public hearing to receive testimony on these proposed amendments will be held in Hearing Room One, Toney Anaya Building, 2550 Cerrillos Road, Santa Fe, New Mexico on June 30, 2015 at 10 a.m. Mountain Daylight Time (MDT).

 

Interested persons may address written comments to Human Services Department, Office of the Secretary, ATTN:  Medical Assistance Division-Public Comments, P.O. Box 2348, Santa Fe, New Mexico 87504-2348.

 

Recorded comments may be left at (505) 827-1337.   Interested persons may also address comments via electronic mail to: madrules@state.nm.us. Written mail, electronic mail and recorded comments must be received no later than 5 p.m. MDT on June 30, 2015.  Written and recorded comments will be given the same consideration as oral testimony made at the public hearing.

 

If you are a person with a disability and you require this information in an alternative format or require a special accommodation to participate in the public hearing, please contact the Medical Assistance Division toll free at 1-888-997-2583 and ask for extension 7-7743.  In Santa Fe call 827-7743.  The Department’s TDD system may be accessed toll-free at 1-800-659-8331 or in Santa Fe by calling 827-3184.  The Department requests at least 10 working days advance notice to provide requested alternative formats and special accommodations.

 

Copies of all comments will be made available upon request by providing either copies directly to a requestor or by making them available on the Department’s website or at a location within the county of the requestor.

 
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New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 

 

NOTICE OF PUBLIC HEARING

 

The New Mexico Human Services Department (HSD) will hold a public hearing to allow comment on the proposed amendment of the Supplemental Nutrition Assistance Program (SNAP) regulations.  The hearing will be held on Friday, July 17, 2015 from 1:30 p.m. to 4:00 p.m., at the Department of Health (DOH) Harold Runnels Building Auditorium, 1190 St. Francis Drive, Santa Fe, NM.

 

The Department is promulgating proposed regulations to the Supplemental Nutrition Assistance Program (SNAP), Employment and Training (E&T) program.  The Food and Nutrition Act (the Act) of 2008 states that the purpose of E&T program is to provide SNAP participants opportunities to gain skills, training or experience that will improve their employment prospects and reduce their reliance on SNAP benefits.  Within the proposed regulations the Department is reinstating the program requirements that were in effect prior to the American Reinvestment and Recovery Act of 2009. 

 

These changes include:

 

  • Reinstatement of the Able Bodied Adults Without Dependents (ABAWD) work program requirements and time limits in accordance with the Food and Nutrition Act and title 7 of the Code of Federal Regulations, part 273 as of October 1, 2015.

 

  • Alignment of exemptions from the Employment and Training requirements for Non-ABAWDs with the Federal SNAP regulations in 7 CFR 273.7.

 

The Department is proposing to align the E&T and TANF regulations for removing disqualifications when an individual has complied within the disqualification period.  This proposal will ensure that individuals, who comply within the disqualification time period, will have access to the SNAP benefits earlier, rather than serving out the entire disqualification period.

 

The Department is also proposing to expand the definition of good cause and define certain circumstances that may preclude the individual from participating in a work activity as well as defining the allowed time period of good cause.

 

Additionally, the Department is proposing that individuals residing in an area that is determined “rural” area, as defined by the department, will only be required to complete the 12 verifiable employer contacts, within a thirty-day period.

 

The Department is also proposing to add two additional work activities that non-ABAWDs can participate in to complete their work program requirement. 

 

The Department is also is proposing aligning the notice of adverse action time frame in the SNAP regulations with the regulations regarding external communication in the General Provisions regulation at 8.100.180 NMAC.  As well as updating “food stamps” to “SNAP”.

 

The Human Services Register Vol. 38 No. 13 outlining the proposed regulations is available on the HSD’s website at: http://www.hsd.state.nm.us/LookingForInformation/income-support-division-registers.aspx. Individuals wishing to testify or to request a copy of the proposed regulation should contact the Income Support Division, P.O. Box 2348, Pollon Plaza, Santa Fe, New Mexico  87504-2348, or by calling 505-827-7250 or 505-827-7268.

 

If you are a person with a disability and you require this information in an alternative format, or you require a special accommodation to participate in any HSD public hearing, program, or service, please contact the American Disabilities Act Coordinator, at 505-827-7701 or through the New Mexico Relay system, toll free at #711.  The Department requests at least a 10-day advance notice to provide requested alternative formats and special accommodations.

 

Individuals who do not wish to attend the hearing may submit written or recorded comments.  Written or recorded comments must be received by 4:00 pm on the date of the hearing, July 17, 2015.  Please send comments to:

Human Services Department

P.O. Box 2348, Pollon Plaza

Santa Fe, New Mexico  87504-2348

 

You may send comments electronically to:  HSD-isdrules@state.nm.us

 
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New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 

 

Explanatory paragraph:  This is an emergency amendment to 8.321.2 NMAC, Section 10, effective May 15, 2015.  In 8.321.2.10 NMAC, Paragraphs (1) through (3) of Subsection A and Subsections B through I were not published as there were no changes.

 

8.321.2.10             APPLIED BEHAVIOR ANALYSIS:  MAD pays for medically necessary, empirically supported, applied behavior analysis (ABA) services for eligible recipients 12 months up to 21 years of age who have a well-documented medical diagnosis of autism spectrum disorder (ASD), and for eligible recipients 12 months up to three years of age who have well-documented risk for the development of ASD.  ABA services are provided to an eligible recipient as part of a three-stage comprehensive approach consisting of evaluation, assessment, and treatment which stipulates that ABA services be provided in coordination with other medically necessary services (e.g., family infant toddler program (FIT) services, occupational therapy, speech language therapy, medication management, etc.).  Following a referral to an approved autism evaluation provider (AEP) to confirm the presence of, or risk for ASD, utilizing a comprehensive diagnostic evaluation, and the production of an integrated service plan (ISP) (stage 1), a behavior analytic assessment is conducted and a behavior analytic treatment plan is developed as appropriate for the selected service model (stage 2).  ABA services are then rendered by an approved ABA provider (AP) in accordance with the treatment plan (stage 3).  A HSD MCO must provide intensive care coordination of services for members authorized for ABA services.  See the ABA billing instructions for detailed information for eligible providers and practitioners, service requirements, prior authorizations, and reimbursement for ABA stages 1 through 3.  In this section of this rule, members of a MCO are included in the term eligible recipients.

                A.            Eligible providers:  ABA services are rendered by a number of providers and practitioners:  an AEP; a behavior analyst (BA), a behavior technician (BT) through an AP; and an ABA specialty care provider.  Each ABA provider and practitioner has corresponding enrollment requirements and renders unique services according to his or her provider type and specialty.  As an example, a practitioner may be eligible to render services as an AEP, BA or an ABA specialty care provider when the specific ABA billing requirements are met.  A BT may only render BT services. A BA may render BT services or possibly ABA specialty care services.

 

***

 

                                (4)           Stage 2 interim ABA provider/supervisor - (time-limited):  Up to and including [December 31, 2015] June 30, 2016, ABA services may be delivered and supervised by a clinician who has the minimum qualifications listed below; however, the provider may not refer to him/herself as a “behavior analyst” as this title is reserved for those meeting the criteria above.  Rather, the provider, approved on a temporary basis only, may refer to him/herself as an “interim ABA supervisor” or “interim ABA practitioner.”  The AP must provide documentation of all of the following:

                                                (a)           a master’s degree [in a behavioral health or therapeutic discipline that allows for the provider to be a recognized behavioral health independently licensed provider] which the BACB® recognizes and would lead to certification as a BCBA;

                                                (b)           New Mexico licensure, as appropriate for degree and discipline;

                                                (c)           clinical experience and supervised training in the evidence-based treatment of children with ASD, specifically ABA;

                                                (d)           experience in supervising direct support personnel in the delivery and evaluation of ABA services.

                                (5)           Stage 3 behavioral technician:  A BT, under supervision of a BA, may implement Stage 3 ABA treatment plan interventions/services.  MAD recognizes two types of BTs:

                                                (a)           [Documented credentialing in behavior analysis:  on or following January 1, 2015, provide written attestation, and when appropriate provide formal records, documenting that the BT meets the following requirements:] Registered behavioral technicianÒ (RBT®) by the BACB® with the following:

                                                                (i)            be at least 18 years of age;

                                                                (ii)           possess a minimum of a high school diploma or equivalent;

                                                                (iii)         successfully complete a criminal background registry check;

                                                                (iv)          complete a minimum of four hours of training in ASD (prior to the BT billing for ABA services) including, but not limited to, training about prevalence, etiology, core symptoms, characteristics, and learning differences;

                                                                (v)           complete 40 hours of training in ABA that meets the requirements for Registered behavioral technicianÒ (RBT®) by the BACB®;

                                                                (vi)          at least 20 hours of RBT training (in addition) to the four hours of ASD training) must occur prior to the AP billing for BT services; the other 20 hours of RBT training must be accrued, and RBT® certification from the BABC must be secured, no more than 90 calendar days following the first submission of billing for BT services.

                                                (b)           Documented training in behavior analysis, without RBT® credential - (time-limited):  the BT may render services for up to six months while working towards his or her certification as a RBT® when the AP provides written attestation that the BT meets the following requirements:

                                                                (i)            be at least 18 years of age;

                                                                (ii)           possess a minimum of a high school diploma or equivalent;

                                                                (iii)         successfully complete a criminal background registry check;

                                                                (iv)          complete a minimum of four hours of training in ASD including, but not limited to, training about prevalence, etiology, core symptoms, characteristics, and learning differences prior to the AP billing for BT services;

                                                                (v)           complete 40 hours of training (provided by a BA as defined above) with at least 20 hours of training occurring prior to the AP billing for the BT’s services, and the other 20 hours accrued no more than 90 calendar days following first submission of billing for the BT’s services.

                                (6)           Stage 3 ABA specialty care provider:  [Until eligibility requirements for ABA specialty care providers are developed, which will allow others to apply for delivery of ABA specialty care.  The center for development and disability at the university of New Mexico, which serves as the state’s university center for excellence in developmental disabilities (UCEDD), will function as the ABA specialty care provider for this service.  As a mission of the UCEDD, training and technical assistance will be offered, in coordination with direct service delivery, to increase the capacity of APs to serve eligible recipients with significant needs.  Through the provision of training and technical assistance, which is an identified mission of the state’s UCEDD, it is hoped that the capacity of APs to support eligible recipients with significant needs will be increased, and that reliance on ABA specialty care will ultimately be minimized.] Eligibility requirements for ABA specialty care providers are practitioners who are enrolled as BAs and must provide additional documentation that demonstrates the practitioner has the skills, training and clinical experience to oversee and render ABA services to highly complex eligible recipients who require specialized ABA services.

                                                         

***

 

[8.321.2.10 NMAC - N, 1-1-14; A, 5-1-15; A/E, 5-15-15]

 
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Agriculture, Department of
  Public Meeting Notice
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  Notice of Public Hearing 8.8.3 NMAC and 8.17.2 NMAC
Higher Education Department
  Notice of Public Hearing

Human Services Department
Income Support Division

  Notice of Public Hearing
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  Notice of Public Hearing
Public Defender Department
  Notice of Public Hearing
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  Notice of Proposed Rulemaking
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  Notice of Rule Hearing
Regulation and Licensing Department
Accountancy, Board of Public
  Notice of Proposed Rulemaking

Pharmacy, Board of

  Regular Board Meeting - Notice to the Public
Water Quality Control Commission
  Amended Notice of Public Hearing to Consider Proposed Amendments to Underground Injection Control Rules, 20.6.2.3000 NMAC and 20.6.2.5000 NMAC



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New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 

 

This is an amendment to 20.11.61 NMAC, Sections 7 and 11, effective 5/29/2015.

 

20.11.61.7             DEFINITIONS:  In addition to the definitions in 20.11.61 NMAC, the definitions in 20.11.1 NMAC, General Provisions, shall apply unless there is a conflict between definitions, in which case the definition in 20.11.61 NMAC shall govern.

                A.            “Act” means the federal Clean Air Act, as amended, 42 U. S. C. Sections 7401 et seq.

                B.            “Actual emissions” means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with Paragraphs (2) through (4) of Subsection B of 20.11.61.7 NMAC.

                                (1)           This definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under 20.11.61.20 NMAC.  Instead, Subsections I and VV of 20.11.61.7 NMAC shall apply for those purposes.

                                (2)           In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal source operation.  The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation.  Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

                                (3)           The department may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

                                (4)           For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

                C.            “Administrator” means the administrator of the U.S. environmental protection agency (EPA) or an authorized representative.

                D.            “Adverse impact on visibility” means visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor’s visual experience of the federal class I area.  This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairments and how these factors correlate with the following:

                                (1)           times of visitor use of the federal class I area; and

                                (2)           the frequency and timing of natural conditions that reduce visibility.  This term does not include effects on integral vistas as defined in 40 CFR 51.301 Definitions.

                E.            “Air quality related values (AQRV)” means visibility and other scenic, cultural, physical, biological, ecological, or recreational resources which may be affected by a change in air quality resulting from the emissions of a proposed major stationary source or major modification that interferes with the management, protection, preservation, or enjoyment of the AQRV of a federal class I area.

                F.            “Allowable emissions” means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

                                (1)           the applicable standards as set forth in 40 CFR Parts 60 and 61;

                                (2)           the applicable state implementation plan emissions limitation, including those with a future compliance date; or

                                (3)           the emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

                G.            “Associated emission sources” means secondary emissions and all reasonably foreseeable emissions of regulated pollutants from the growth of general residential, commercial, industrial, governmental emission sources and other mobile and non-mobile emission sources which are associated with or support the proposed new major stationary source or major modification.  Other mobile and non-mobile emission sources shall include, but not be limited to, new highways and roads or improvements to existing highways and roads to increase capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service enhancements to ground and air public transportation to include the building of new public transportation facilities or improvements to existing public transportation facilities to increase capacity; and the building of new public or private educational facilities or improving existing public or private educational facilities to increase enrollment.

                H.            “Attainment area” means, for any air pollutant, an area which is shown by monitored data or which is calculated by air quality modeling not to exceed any NAAQS for such pollutant, and is so designated under Section 107(d)(1)(D) or (E) of the act.

                I.             “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with Paragraphs (1)-(4) of Subsection I of 20.11.61.7 NMAC.

                                (1)           For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the five year period immediately preceding when the owner or operator begins actual construction of the project.  The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation.

                                                (a)           The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

                                                (b)           The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.

                                                (c)           For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed.  A different consecutive 24-month period can be used for each regulated NSR pollutant.

                                                (d)           The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraph (b) of Paragraph (1) of Subsection I of 20.11.61.7 NMAC.

                                (2)           For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10 year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the department for a permit required either under 20.11.61 NMAC or under a plan approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period earlier than November 15, 1990.

                                                (a)           The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

                                                (b)           The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.

                                                (c)           The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period.  However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G).

                                                (d)           For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed.  A different consecutive 24-month period can be used for each regulated NSR pollutant.

                                                (e)           The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraphs (b) and (c) of Paragraph (2) of Subsection I of 20.11.61.7 NMAC.

                                (3)           For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit’s potential to emit.

                                (4)           For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in Paragraph (1) of Subsection I of 20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph (2) of Subsection I of 20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) of Subsection I of 20.11.61.7 NMAC.

                J.             “Baseline area”

                                (1)           Means any intrastate area (and every part thereof) designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the act in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, as follows:  equal to or greater than one microgram per cubic meter (1 μg/m3) (annual average) for SO2, NO2 or PM10; or equal to or greater than 0.3 µg/m3 (annual average) for PM2.5.

                                (2)           Area redesignations under Section 107(d)(1)(A)(ii) or (iii) of the act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which:

                                                (a)           establishes a minor source baseline date; or

                                                (b)           is subject to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and would be constructed in the same state as the state proposing the redesignation.

                                (3)           Any baseline area established originally for total suspended particulates (TSP) increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that such baseline area shall not remain in effect if the department rescinds the corresponding minor source baseline date in accordance with Paragraph (3) of Subsection MM of 20.11.61.7 NMAC.

                K.            “Baseline concentration” means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date.

                                (1)           A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:

                                                (a)           the actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in Paragraph (2) of Subsection K of 20.11.61.7 NMAC;

                                                (b)           the allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date.

                                (2)           The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):

                                                (a)           actual emissions from any major stationary source on which construction commenced after the major source baseline date; and

                                                (b)           actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.

                L.            “Begin actual construction” means, in general, the initiation of physical onsite construction activities on an emissions unit which are of a permanent nature.  Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework and construction of permanent storage structures.  With respect to a change in method of operation, this term refers to those on-site activities, other than preparatory activities which mark the initiation of the change.

                M.           “Best available control technology (BACT)” means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification, which the director on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant.  In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60 and 61.  If the director determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology.  Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results.

                N.            “Building, structure, facility or installation” means all of the pollutant emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel.  Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same “major group” (i.e., which have the same first two-digit code) as described in the standard industrial classification (SIC) manual, 1972, as amended by the 1977 supplement (U. S. government printing office stock numbers 4101-0066 and 003-005-00176-0, respectively) or any superseding SIC manual.

                O.            “Class I area” means any federal land that is classified or reclassified as “class I” as listed in 20.11.61.25 NMAC.

                P.            “Commence” as applied to construction of a major stationary source or major modification, means that the owner or operator has all necessary preconstruction approvals or permits and either has:

                                (1)           begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

                                (2)           entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

                Q.            “Complete” means, in reference to an application for a permit, that the department has determined the application contains all of the information necessary for processing the application.  Designating an application complete for purposes of permit processing does not preclude the department from requesting or accepting any additional information.

                R.            “Construction” means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions.

                S.             “Continuous emissions monitoring system (CEMS)” means all of the equipment that may be required to meet the data acquisition and availability requirements of 20.11.61 NMAC, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.

                T.            “Continuous emissions rate monitoring system (CERMS)” means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

                U.            “Continuous parameter monitoring system (CPMS)” means all of the equipment necessary to meet the data acquisition and availability requirements of 20.11.61 NMAC, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis.

                V.            “Department” means the city of Albuquerque, environmental health department or its successor agency.

                W.           “Director” means the director of the city of Albuquerque, environmental health department or the director of its successor agency.

                X.            “Electric utility steam generating unit” means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale.  Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

                Y.            “Emissions unit” means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in 20.11.61.7 NMAC.  For purposes of 20.11.61 NMAC, there are two types of emissions units as follows:

                                (1)           a new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit first operated;

                                (2)           an existing emissions unit is any emissions unit that does not meet the requirements in Paragraph (1) of Subsection Y of 20.11.61.7 NMAC.  A replacement unit is an existing unit.

                Z.            “Federal land manager” means, with respect to any lands in the United States, a federal level cabinet secretary of a federal level department (e.g. interior department) with authority over such lands.

                AA.         “Federally enforceable” means all limitations and conditions which are enforceable by the administrator, including:

                                (1)           those requirements developed pursuant to 40 CFR Parts 60 and 61;

                                (2)           requirements within any applicable state implementation plan (SIP);

                                (3)           any permit requirements established pursuant to 40 CFR 52.21; or

                                (4)           under regulations approved pursuant to 40 CFR Part 51, Subpart I, including operating permits issued under an EPA-approved program that expressly requires adherence to any permit issued under such program.

                BB.         “Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

                CC.         “Greenhouse gases” or “GHGs means the air pollutant defined in § 86.1818–12(a) of Chapter I of Title 40 of the CFR, as the aggregate group of six greenhouse gases:  carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

                DD.         “High terrain” means any area having an elevation 900 feet or more above the base of a source’s stack.

                EE.         “Indian governing body” means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.

                FF.          “Innovative control technology” means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts.

                GG.        “Low terrain” means any area other than high terrain.

                HH.        “Lowest achievable emission rate (LAER)” means, for any source, the more stringent rate of emissions based on the following:

                                (1)           the most stringent emissions limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or

                                (2)           the most stringent emissions limitation which is achieved in practice by such class or category of stationary source; this limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source; in no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance.

                II.            “Major modification”

                                (1)           Means any physical change in or change in the method of operation of a major stationary source that would result in:  a significant emissions increase of a regulated NSR pollutant; and a significant net emissions increase of that pollutant from the major stationary source.

                                (2)           Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or oxides of nitrogen shall be considered significant for ozone.

                                (3)           A physical change or change in the method of operation shall not include:

                                                (a)           routine maintenance, repair, and replacement;

                                                (b)           use of an alternative fuel or raw material by reason of an order under Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

                                                (c)           use of an alternative fuel by reason of an order or rule under Section 125 of the act;

                                                (d)           use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

                                                (e)           use of an alternative fuel or raw material by a stationary source which:

                                                                (i)            the source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Subpart I or 40 CFR 51.166; or

                                                                (ii)           the source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166;

                                                (f)            an increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Subpart I or 40 CFR 51.166;

                                                (g)           any change in ownership at a stationary source;

                                                (h)           the installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

                                                                (i)            the state implementation plan for the state in which the project is located; and

                                                                (ii)           other requirements necessary to attain and maintain the NAAQS during the project and after it is terminated;

                                                (i)            the installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated NSR pollutant emitted by the unit; this exemption shall apply on a pollutant-by-pollutant basis; or

                                                (j)            the reactivation of a very clean coal-fired electric utility steam generating unit.

                                (4)           This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under 20.11.61.20 NMAC for a PAL for that pollutant.  Instead, the definition at Paragraph (8) of Subsection B of 20.11.61.20 NMAC shall apply.

                JJ.          “Major source baseline date” means:

                                (1)           in the case of PM10 and sulfur dioxide, January 6, 1975;

                                (2)           in the case of nitrogen dioxide, February 8, 1988; and

                                (3)           in the case of PM2.5, October 20, 2010.

                KK.        “Major stationary source”

                                (1)           means:

                                                (a)           any stationary source listed in Table 1 of 20.11.61.26 NMAC which emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant;

                                                (b)           notwithstanding the stationary source categories specified in Subparagraph (a) of Paragraph (1) of Subsection KK of 20.11.61.7 NMAC, any stationary source which emits, or has the potential to emit, 250 tons per year or more of any regulated NSR pollutant; or

                                                (c)           any physical change that would occur at a stationary source not otherwise qualifying under Subsection KK of 20.11.61.7 NMAC, as a major stationary source if the change would constitute a major stationary source by itself.

                                (2)           A major source that is major for volatile organic compounds or oxides of nitrogen shall be considered major for ozone.

                                (3)           The fugitive emissions of a stationary source shall not be included in determining whether it is a major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 of 20.11.61.26 NMAC or any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the act.

                LL.         “Mandatory federal class I area” means any area identified in 40 CFR Part 81, Subpart D.

                MM.       “Minor source baseline date” means the earliest date after the trigger date on which a major stationary source or major modification subject to 40 CFR 52.21, or to regulations approved pursuant to 40 CFR 51.166, submits a complete application under the relevant regulations.

                                (1)           The trigger dates are:

                                                (a)           August 7, 1977, for PM10 and sulfur dioxide; and

                                                (b)           February 8, 1988 for nitrogen dioxide; and

                                                (c)           October 20, 2011, for PM2.5.

                                (2)           The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:

                                                (a)           the area in which the proposed major stationary source or major modification would construct is designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the federal act for the pollutant on the date of its complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; and

                                                (b)           in the case of a major stationary source, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant.

                                (3)           Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that the department may rescind any such minor source baseline date where it can be shown, to the director’s satisfaction that, either the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions.

                NN.         “Natural conditions” includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast or coloration.

                OO.        “Necessary preconstruction approvals or permits” mean those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the New Mexico state implementation plan.

                PP.          “Net emissions increase”

                                (1)           Means, that with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:

                                                (a)           the increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to Subsection D of 20.11.61.11 NMAC; and

                                                (b)           any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating increases and decreases shall be determined as provided in Subsection I of 20.11.61.7 NMAC, except that Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection I of 20.11.61.7 NMAC shall not apply.

                                (2)           An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:

                                                (a)           the date five years prior to the commencement of construction on the particular change; and

                                                (b)           the date that the increase from the particular change occurs.

                                (3)           An increase or decrease in actual emissions is creditable only if:

                                                (a)           it occurs between:

                                                                (i)            the date five years prior to the commencement of construction on the particular change; and

                                                                (ii)           the date that the increase from the particular change occurs; and

                                                (b)           the department has not relied on it in issuing a permit for the source under regulations approved pursuant to 40 CFR 51.166, which permit is in effect when the increase in actual emissions from the particular change occurs; and

                                                (c)           the increase or decrease in emissions did not occur at a clean unit, as defined in 40 CFR 51.166 (b)(3)(iii)(c) and Federal Register Vol. 76 No. 61, 3/30/11, p. 17554.

                                                (d)           As it pertains to an increase or decrease in fugitive emissions (to the extent quantifiable), it occurs at an emissions unit that is part of one of the source categories listed in Paragraph (3) of Subsection KK of 20.11.61.7 NMAC or it occurs at an emission unit that is located at a major stationary source that belongs to one of the listed source categories.  Fugitive emission increases or decreases are not included for those emissions units located at a facility whose primary activity is not represented by one of the source categories listed in Paragraph (3) of Subsection KK of 20.11.61.7 NMAC and that are not, by themselves, part of a listed source category.

                                (4)           An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or oxides of nitrogen that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.

                                (5)           An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

                                (6)           A decrease in actual emissions is creditable only to the extent that:

                                                (a)           the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

                                                (b)           it is enforceable as a practical matter at and after the time that actual construction on the particular change begins; and

                                                (c)           it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and

                                (7)           an increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant; any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

                                (8)           Paragraph (2) of Subsection B of 20.11.61.7 NMAC shall not apply for determining creditable increases and decreases.

                QQ.        “Nonattainment area” means an area which has been designated under Section 107 of the act as nonattainment for one or more of the NAAQS by EPA.

                RR.         “Portable stationary source” means a source which can be relocated to another operating site with limited dismantling and reassembly.

                SS.          “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design.  Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollutant control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitations or the effect the limitation would have on emissions is federally enforceable.  Secondary emissions do not count in determining the potential to emit of a stationary source.

                TT.         “Predictive emissions monitoring system (PEMS)” means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis.

                UU.         “Project” means a physical change in, or change in method of operation of, an existing major stationary source.

                VV.         “Projected actual emissions”

                                (1)           Means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit’s design capacity or its potential to emit that regulated NSR pollutant, and full utilization of the unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source.

                                (2)           In determining the projected actual emissions (before beginning actual construction), the owner or operator of the major stationary source:

                                                (a)           shall consider all relevant information, including but not limited to, historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with the state or federal regulatory authorities, and compliance plans under an approved SIP; and

                                                (b)           shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and

                                                (c)           shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under Subsection I of 20.11.61.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or

                                (3)           in lieu of using the method set out in Subparagraphs (a)-(c) of Paragraph (2) of Subsection VV of 20.11.61.7 NMAC, may elect to use the emissions unit’s potential to emit in tons per year.

                WW.      “Regulated new source review pollutant” or “regulated NSR pollutant” means the following:

                                (1)           any pollutant for which a NAAQS has been promulgated; this includes, but is not limited to the following:

                                                (a)           PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures; on or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in PSD permits; compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of 40 CFR 51.166 unless the applicable implementation plan required condensable particulate matter to be included;

                                                (b)           any pollutant identified under Subparagraph (b) of Paragraph (1) of Subsection WW of 20.11.61.7 NMAC as a constituent or precursor to a pollutant for which a NAAQS has been promulgated; precursors identified by the administrator for purposes of NSR are the following:

                                                                (i)            volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas;

                                                                (ii)           sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas;

                                                                (iii)         nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas, unless the state demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM 2.5 concentrations;

                                                                (iv)          volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the state demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area’s ambient PM2.5 concentrations;

                                (2)           any pollutant that is subject to any standard promulgated under Section 111 of the act;

                                (3)           any class I or II substance subject to a standard promulgated under or established by Title VI of the act;

                                (4)           any pollutant that otherwise is “subject to regulation” under the act as defined in Subsection CCC of 20.11.61.7 NMAC;

                                (5)           notwithstanding Paragraphs (1) through (4) of Subsection WW of 20.11.61.7 NMAC, the term “regulated NSR pollutant” shall not include any or all hazardous air pollutants either listed in Section 112 of the act, or added to the list pursuant to Section 112(b)(2) of the act, and which have not been delisted pursuant to Section 112(b)(3) of the act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the act;

                                (6)           particulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures; on or after January 1, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PM10 in PSD permits; compliance with emissions limitations for PM, PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of 20.11.61 NMAC unless the applicable implementation plan required condensable particulate matter to be included.

                XX.        “Replacement unit” means an emission unit for which all of the following criteria are met.  No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.

                                (1)           The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit.

                                (2)           The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

                                (3)           The replacement unit does not change the basic design parameter(s) of the process unit.

                                (4)           The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter.  If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.

                YY.         “Secondary emissions” means emissions which occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself.  For the purpose of 40 CFR 51.166, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions.  Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification.  Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

                ZZ.         “Significant” means:

                                (1)           in reference to a net emissions increase or the potential of a source to emit any of the pollutants listed in Table 2 of 20.11.61.27 NMAC, a rate of emissions that would equal or exceed any of the corresponding emission rates listed in Table 2 of 20.11.61.27 NMAC;

                                (2)           in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that Paragraph (1) of Subsection ZZ of 20.11.61.7 NMAC, does not list, any emissions rate; and

                                (3)           notwithstanding Paragraph (1) of Subsection ZZ of 20.11.61.7 NMAC, any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers of a class I area, and have an impact on such area equal to or greater than 1 µg/m3 (24-hour average).

                AAA.      “Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant.

                BBB.      “Stationary source” means any building, structure, facility, or installation which emits, or may emit, any regulated NSR pollutant.

                CCC.      “Subject to regulation” means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the administrator in Subchapter C of Chapter I of Title 40 of the CFR, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity.  Except that:

                                (1)           Greenhouse gases (GHGs) shall not be subject to regulation except as provided in Paragraphs (4) and (5) of Subsection CCC of 20.11.61.7 NMAC and shall not be subject to regulation if the stationary source maintains its total source-wide emissions below the GHG PAL level, meets the requirements in 20.11.61.20 NMAC, and complies with the PAL permit containing the GHG PAL.

                                (2)           For purposes of Paragraphs (3) through (5) of Subsection CCC of 20.11.61.7 NMAC, the term “tpy CO2 equivalent emissions (CO2e)” shall represent an amount of GHGs emitted, and shall be computed as follows:

                                                (a)           multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential published at Table A–1 to subpart A of Part 98 of Chapter I of Title 40 of the CFRGlobal Warming Potentials[; for purposes of Paragraph (2) of Subsection CCC of 20.11.61.7 NMAC, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material)];

                                                (b)           sum the resultant value from Subparagraph (a) of Paragraph (2) of Subsection CCC of 20.11.61.7 NMAC for each gas to compute a tpy CO2e.

                                (3)           The term “emissions increase” as used in Paragraphs (4) and (5) of Subsection CCC of 20.11.61.7 NMAC, shall mean that both a significant emissions increase (as calculated using the procedures in Subsection D of 20.11.61.11 NMAC) and a significant net emissions increase (as defined in Subsection PP of 20.11.61.7 NMAC and Subsection ZZ of 20.11.61.7 NMAC) occur.  For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO2e instead of applying the value in Table 2 of 20.11.61.27 NMAC.

                                (4)           Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

                                                (a)           the stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO2e or more; or

                                                (b)           the stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO2e or more; and,

                                (5)           beginning July 1, 2011, in addition to the provisions in Paragraph (4) of Subsection CCC of 20.11.61.7 NMAC, the pollutant GHGs shall also be subject to regulation:

                                                (a)           at a new stationary source that will emit or have the potential to emit 100,000 tpy CO2e; or

                                                (b)           at an existing stationary source that emits or has the potential to emit 100,000 tpy CO2e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO2e or more.

                DDD.      “Temporary source” means a stationary source which changes its location or ceases to exist within two years from the date of initial start of operations.

                EEE.      “Visibility impairment” means any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions.

                FFF.       “Volatile organic compound (VOC)” means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions; this includes any such organic compound other than those which the administrator designates as having negligible photochemical reactivity under 40 CFR 51.100(s).

[20.11.61.7 NMAC - Rp, 20.11.61.7 NMAC, 1/23/06; A, 5/15/06; A, 8/30/10; A, 1/10/11; A, 5/13/13; A, 5/29/15]

 

20.11.61.11          APPLICABILITY:

                A.            The requirements of 20.11.61 NMAC apply to the construction of any new major stationary source or any project at an existing major stationary source in an area designated as attainment or unclassifiable.

                B.            [The requirements of Sections 20.11.61.12 NMAC and 20.11.61.13 NMAC, Subsections A through C of 20.11.61.14 NMAC, Paragraph (1) of Subsection B of 20.11.61.15 NMAC, Subsections A and B of 20.11.61.16 NMAC, 20.11.61.17 NMAC, Subsections A through C of 20.11.61.18 NMAC, Subsections B and C of 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as 20.11.61 NMAC otherwise provides.

                C.            No new major stationary source or major modification to which the requirements of Subsections A, B, C and D of 20.11.61.12 NMAC, Section 20.11.61.13 NMAC, Subsections A through C of 20.11.61.14 NMAC, Paragraph (1) of Subsection B of 20.11.61.15 NMAC, Subsections A and B of 20.11.61.16 NMAC, 20.11.61.17 NMAC, Subsections A through C of 20.11.61.18 NMAC, Subsections B and C of 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements.] The requirements of 20.11.61.12 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction of any new major stationary source or the major modification of any existing major stationary source except as 20.11.61 NMAC otherwise provides.

                C.            No new major stationary source or major modification to which the requirements of Subsections A, B, C, and D of 20.11.61.12 NMAC, 20.11.61.13 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements.

                D.            Applicability procedures.

                                (1)           Except as otherwise provided in Subsection E of 20.11.61.11 NMAC, and consistent with the definition of major modification, a project is a major modification for a regulated NSR pollutant if it causes a significant emissions increase and a significant net emissions increase.  The project is not a major modification if it does not cause a significant emissions increase.  If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.

                                (2)           The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to Paragraphs (3) through (5) of Subsection D of 20.11.61.11 NMAC.  The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition in Subsection PP of 20.11.61.7 NMAC.  Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.

                                (3)           Actual-to-projected-actual applicability test for projects that only involve existing emissions units.  A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or exceeds the significant amount for that pollutant.

                                (4)           Actual-to-potential test for projects that only involve construction of a new emissions unit(s).  A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant.

                                (5)           Hybrid test for projects that involve multiple types of emissions units.  A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in Paragraphs (3) and (4) of Subsection D of 20.11.61.11 NMAC as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant.

                E.            For any major stationary source for a PAL for a regulated NSR pollutant, the major stationary source shall comply with requirements under 20.11.61.20 NMAC.

[20.11.61.11 NMAC - N, 1/23/06; A, 8/30/10; A, 1/10/11; A, 5/13/13; A, 5/29/15]

 
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New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 

 

This is an amendment to 16.19.6 NMAC, amending Section 25 and adding Sections 27 & 28, effective 06-07-2015.

 

16.19.6.25             CENTRALIZED PRESCRIPTION DISPENSING:  The purpose of these regulations is to provide mandatory standards for centralized prescription dispensing by a retail or nonresident pharmacy.

                A.            Definitions as used in this section.

                                (1)           “Centralized prescription dispensing” means the dispensing or refilling of a prescription drug order by a retail or nonresident pharmacy.

                                (2)           “Dispensing” as defined in the NMSA, Section 61-11-2(1), and pursuant to 61-11-21(C) dispensing is limited to a registered pharmacist.

                B.            Operational standards and minimum requirements.

                                (1)           A retail pharmacy may outsource prescription drug order dispensing to another retail or nonresident pharmacy provided the pharmacies:

                                                (a)           have the same owner or;

                                                (b)           have entered into a written contract or agreement which outlines the services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with federal and state laws and regulations; and

                                                (c)           share a common electronic file or have appropriate technology to allow access to sufficient information necessary or required to dispense or process a prescription drug order.

                                (2)           The pharmacist-in-charge of the dispensing pharmacy shall ensure that:

                                                (a)           the pharmacy maintains and uses adequate storage or shipment containers and shipping processes to ensure drug stability and potency; such shipping processes shall include the use of appropriate packaging material [and/or] and devices to ensure that the drug is maintained at an appropriate temperature range to maintain the integrity of the medication throughout the delivery process; and

                                                (b)           the dispensed prescriptions are shipped in containers which are sealed in a manner as to show evidence of opening or tampering.

                                (3)           A retail or nonresidential dispensing pharmacy shall comply with the provisions of 16.19.6 NMAC and this section.

                C.            Notifications to patients.

                                (1)           A pharmacy that out-sources prescription dispensing to another pharmacy shall prior to outsourcing the prescription:

                                                (a)           [prior to out-sourcing the prescription,] notify patients that their prescription may be outsourced to another pharmacy; and

                                                (b)           [prior to outsourcing the prescription,] give the name of that pharmacy or if the pharmacy is part of a network [pf] of pharmacies under common ownership and any of the network of pharmacies may dispense the prescription, the patient shall be notified of this fact; such notification may be provided through a one-time written notice to the patient or through the use of a sign in the pharmacy; and

                                                [(c)] (2)   if the prescription is delivered directly to the patient by the dispensing pharmacy upon request by the patient and not returned to the requesting pharmacy, the pharmacist employed by the dispensing pharmacy shall ensure that the patient receives written notice of available counseling; such notice shall include days and hours of availability and his or her right to request counseling and a toll-free number from which the patient or patient’s agent may obtain oral counseling from a pharmacist who has ready access to the patient’s record; for pharmacies delivering more that 50% of their prescriptions by mail or other common carrier, the hours of availability shall be a minimum of 60 hours per week and not less than 6 days per week; the facility must have sufficient toll-free phone lines and personnel to provide counseling within 15 minutes.

                D.            Prescription labeling.

                                (1)           The dispensing pharmacy shall

                                                [(a)]        place on the prescription label the name and address or name and pharmacy license number of the pharmacy dispensing the prescription and the name and address of the pharmacy which receives the dispensed prescription;

                                                [(b)] (2)  The dispensing pharmacy shall indicate in some manner which pharmacy dispensed the prescription (e.g., filled by ABC pharmacy for XYZ pharmacy); and

                                                [(c)]         comply with all other prescription labeling requirements.

                E.            Policies and Procedures.

                                (1)           A policy and procedure manual as it relates to centralized dispensing shall be maintained at both pharmacies and be approved by the board or its’ agent and be available for inspection.  Each pharmacy is required to maintain only those portions of the policy and procedure manual that relate to that pharmacy’s operations.  The manual shall:

                                                (a)           outline the responsibilities of each of the pharmacies;

                                                (b)           include a list of the name, address, telephone numbers, and all license/registration numbers of the pharmacies involved in centralized prescription dispensing.[and]

                                                [(c)] (2) The manual shall include policies and procedures for:

                                                                [(i)] (a)   notifying patients that their prescription may be outsourced to another pharmacy for centralized prescription dispensing and providing the name of that pharmacy;

                                                                [(ii)] (b)  protecting the confidentiality and integrity of patient information;

                                                                [(iii)] (c) dispensing prescription drug orders when the filled order is not received or the patient comes in before the order is received;

                                                                [(iv)] (d) complying with federal and state laws and regulations;

                                                                [(v)] (e)   operating a continuous quality improvement program for pharmacy services designated to objectively and systematically monitor and evaluate the quality and appropriateness of patient care, pursue opportunities to improve patient care and resolve identified problems;

                                                                [(vi)] (f)  procedure identifying the pharmacist responsible for each aspect of prescription preparation including, but not limited to, the drug regimen review, the initial electronic entry, any changes or modifications to the prescription record or patient profile, and the final check of the completed prescription;

                                                                [(vii)] (g)                identify the pharmacist responsible for counseling the patient pursuant to the requirements of 16.19.4.16 NMAC; and

                                                                [(viii)] (h)              annually reviewing the written policies and procedures and documenting such review.

                F.            Records.

                                (1)           Records may be maintained in an alternative data retention system, such as a data processing system or direct imaging system provided:

                                                (a)           the records maintained in the alternative system contain all of the information required on the manual record; and

                                                (b)           the data processing system is capable of producing a hard copy of the record upon request of the board, its’ representative, or other authorized local, state, or federal law enforcement or regulatory agencies within 48 hours.

                                (2)           Each pharmacy shall comply with all the laws and rules relating to the maintenance of records and be able to produce an audit trail showing all prescriptions dispensed by the pharmacy and each pharmacist’s or technician’s involvement.

                                (3)           The requesting pharmacy shall maintain records which indicate the date:

                                                (a)           the request for dispensing was transmitted to the dispensing pharmacy; and

                                                (b)           the dispensed prescription was received by the requesting pharmacy, including the method of delivery (e.g., private, common, or contract carrier) and the name of the person accepting delivery.

                                (4)           The dispensing pharmacy shall maintain records which indicate:

                                                (a)           the date the prescription was shipped to the requesting pharmacy;

                                                (b)           the name and address where the prescription was shipped; and

                                                (c)           the method of delivery (e.g., private, common, or contract carrier).

[16.19.6.25 NMAC - N, 06-30-06; A, 06-07-15]

 

16.19.6.27             [RESERVED]

[16.19.6.27 NMAC - N, 06-07-15]

 

16.19.6.28             AUTOMATED FILLING SYSTEMS:

                A.            Definitions.  The following definitions shall apply to this section:

                                (1)           “Automated filling system” means an automated system used by a pharmacy in the state of New Mexico to assist in filling a prescription drug order by selecting, labeling, filling, or sealing medication for dispensing.  An “automated filling system” shall not include automated devices used solely to count medication that is then subject to final product check by a pharmacist prior to dispensing, vacuum tube drug delivery systems, or automated dispensing and storage systems used to dispense medication directly to a patient or to an authorized health care practitioner for immediate distribution or administration to the patient.

                                (2)           “Electronic verification system” means an electronic verification, bar code verification, weight verification, radio frequency identification (RFID), or similar electronic process or system that accurately verifies medication has been properly dispensed and labeled by, or loaded into, an automated filling system.

                                (3)           “Manufacturer unit of use package” means a drug dispensed in the manufacturer’s original and sealed packaging, or in the original and sealed packaging of a repackager, without additional manipulation or preparation by the pharmacy, except for application of the pharmacy label.

                                (4)           Prepacked” means any drug that has been removed from the original packaging of the manufacturer or an FDA repackager and is placed in a properly labeled dispensing container by a pharmacy for use in an automated filling system for the purpose of dispensing to the ultimate user from the establishment in which the prepacking occurred.

                                (5)           Repackager” means a repackager registered with the United States food and drug administration (FDA).

                B.            Medication Stocking.  Automated filling systems (hereinafter “system”) may be stocked or loaded by a pharmacist or by an intern pharmacist or pharmacy technician under the direct supervision of a pharmacist.

                C.            Pharmacist Verification.  Except as otherwise provided herein, a licensed pharmacist shall inspect and verify the accuracy of the final contents of any dispensing container filled or packaged by a system, and any label affixed thereto, prior to dispensing, pursuant to Paragraph (1) of Subsection B of 16.19.4.16 NMAC.

                D.            Verification Criteria.  The pharmacist verification requirements of Subsection C of 16.19.6.28 NMAC shall be deemed satisfied if all the following are met:

                                (1)           pharmacy personnel establish and follow a policy and procedure manual that complies with Subsection E of 16.19.6.28 NMAC;

                                (2)           the filling process is fully automated from the time the filling process is initiated until a completed, labeled, and sealed prescription is produced by the system that is ready for dispensing to the patient;  no manual intervention with the medication or prescription may occur after the medication is loaded into the system;  for purposes of this section, manual intervention shall not include preparing a finished prescription for mailing, delivery, or storage;

                                (3)           a pharmacist performs a prospective DUR and verifies the accuracy of the prescription information used by or entered into the system for a specific patient prior to initiation of the automated fill process;  the identity of the verifying pharmacist shall be recorded in the pharmacy’s records;

                                (4)           a pharmacist verifies the correct medication and strength, prepacked container, or manufacturer unit of use package was properly stocked, filled, and loaded in the system prior to initiating the fill process;  alternatively, an electronic verification system may be used for verification of manufacturer unit of use packages or prepacked medication previously verified by a pharmacist;

                                (5)           the medication to be dispensed is selected, filled, labeled, and sealed in the dispensing container by the system or dispensed by the system in a manufacturer’s unit of use package or a prepacked container;

                                (6)           an electronic verification system is used to verify the proper prescription label has

been affixed to the correct medication and strength, prepacked container, or manufacturer unit of use

package for the correct patient;

                                (7)           daily random quality testing is conducted by a pharmacist on a sample size of prescriptions filled by the system;  the required sample size shall not be less than two percent (2%) of the prescriptions filled by the automated system on the date tested or two percent (2%) of the prescriptions filled by the automated system on the last day of system operation, as designated in writing by the pharmacist-in-charge;  proof of compliance with this subsection and random quality testing date(s) and results shall be documented and maintained in the pharmacy’s records;

                                (8)           the product dispensed is a solid oral dosage form; and

                                (9)           the product dispensed is not a controlled substance listed in DEA or Schedule II of 16.19.20 NMAC.

                E.            Policies and Procedures.  Pharmacists verifying prescriptions pursuant to Subsection D of 16.19.6.28 NMAC shall follow written policies and procedures to ensure the proper, safe, and secure functioning of the system.  Policies and procedures shall be established by, and reviewed annually by the pharmacist-in-charge and shall be maintained in the pharmacy’s records.  The required annual review shall be documented in the pharmacy’s records.  At a minimum, pharmacy personnel shall establish and follow policies and procedures for the following:

                                (1)           maintaining the system and any accompanying electronic verification system in good working order;

                                (2)           ensuring accurate filling, loading, and stocking of the system;

                                (3)           ensuring sanitary operations of the system and preventing cross-contamination of cells, cartridges, containers, cassettes, or packages;

                                (4)           reporting, investigating, and addressing filling errors and system malfunctions;

                                (5)           testing the accuracy of the system and any accompanying electronic verification system;  at a minimum, the system and electronic verification system shall be tested before the first use of the system or restarting the system and upon any modification to the system or electronic verification system that changes or alters the filling or electronic verification process;

                                (6)           training persons authorized to access, stock, or load the system in equipment use and operations;

                                (7)           tracking and documenting prescription errors related to the system that are not corrected prior to dispensing to the patient;

                                (8)           conducting routine and preventive maintenance and, if applicable, calibration;

                                (9)           removing expired, adulterated, misbranded, or recalled drugs;

                                (10)         preventing unauthorized access to the system, including, assigning, discontinuing, or changing security access;

                                (11)         identifying and recording persons responsible for stocking, loading, and filling the system;

                                (12)         ensuring compliance with state and federal law, including, all applicable labeling, storage, and security requirements;

                                (13)         ensuring proper drug storage within the system, consistent with the manufacturer’s specifications and the United States Pharmacopoeia (USP);

                                (14)         maintaining an ongoing quality assurance program that monitors performance of the system and any electronic verification system to ensure proper and accurate functioning.

                F.            Recordkeeping.  Records and documentation required by this section shall be maintained in the pharmacy’s records electronically or in writing for a minimum of three (3) years.  Records shall be made available for inspection and produced to the board or the board’s agent upon request.

                G.            Prepacking.  A pharmacist, or a pharmacist intern or pharmacy technician under the direct supervision of a licensed pharmacist, may prepack drugs for other than immediate dispensing purposes provided that the following conditions are met:

                                (1)           prepacking occurs at the licensed pharmacy utilizing the system;

                                (2)           only products which will be dispensed directly to the patient may be prepacked;

                                (3)           containers utilized for prepacking shall meet standards specified by the USP, which has been incorporated herein by reference (e.g.  preservation, packaging, storage and labeling section of the general notices and requirements);  where needed, light resistant containers shall be used;

                                (4)           any prepacked drug must have a label affixed to it which contains, at a minimum, the name and strength of the drug, quantity, the name of the manufacturer or distributor, the expiration date and lot number, the date prepacked, and the identity of the person who prepacked it;

                                (5)           a record of drugs prepacked must be kept, and include the following:  the name and strength of the drug, lot number, name of manufacturer or distributor, expiration date (per USP requirements), date of prepacking, total number of dosage units (tabs, caps) prepacked, quantity per prepacked container, number of dosage units (tabs, caps) wasted, initials of prepacker and of pharmacist performing final check;

                                (6)           all drugs prepacked by a pharmacist intern or pharmacy technician must undergo a final check by the pharmacist.

[16.19.6.28 NMAC - N, 06-07-15]

 
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New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 

 

This is an amendment to 20.11.61 NMAC, Sections 7 and 11, effective 5/29/2015.

 

20.11.61.7             DEFINITIONS:  In addition to the definitions in 20.11.61 NMAC, the definitions in 20.11.1 NMAC, General Provisions, shall apply unless there is a conflict between definitions, in which case the definition in 20.11.61 NMAC shall govern.

                A.            “Act” means the federal Clean Air Act, as amended, 42 U. S. C. Sections 7401 et seq.

                B.            “Actual emissions” means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with Paragraphs (2) through (4) of Subsection B of 20.11.61.7 NMAC.

                                (1)           This definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under 20.11.61.20 NMAC.  Instead, Subsections I and VV of 20.11.61.7 NMAC shall apply for those purposes.

                                (2)           In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal source operation.  The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation.  Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

                                (3)           The department may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

                                (4)           For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

                C.            “Administrator” means the administrator of the U.S. environmental protection agency (EPA) or an authorized representative.

                D.            “Adverse impact on visibility” means visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor’s visual experience of the federal class I area.  This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairments and how these factors correlate with the following:

                                (1)           times of visitor use of the federal class I area; and

                                (2)           the frequency and timing of natural conditions that reduce visibility.  This term does not include effects on integral vistas as defined in 40 CFR 51.301 Definitions.

                E.            “Air quality related values (AQRV)” means visibility and other scenic, cultural, physical, biological, ecological, or recreational resources which may be affected by a change in air quality resulting from the emissions of a proposed major stationary source or major modification that interferes with the management, protection, preservation, or enjoyment of the AQRV of a federal class I area.

                F.            “Allowable emissions” means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

                                (1)           the applicable standards as set forth in 40 CFR Parts 60 and 61;

                                (2)           the applicable state implementation plan emissions limitation, including those with a future compliance date; or

                                (3)           the emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

                G.            “Associated emission sources” means secondary emissions and all reasonably foreseeable emissions of regulated pollutants from the growth of general residential, commercial, industrial, governmental emission sources and other mobile and non-mobile emission sources which are associated with or support the proposed new major stationary source or major modification.  Other mobile and non-mobile emission sources shall include, but not be limited to, new highways and roads or improvements to existing highways and roads to increase capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service enhancements to ground and air public transportation to include the building of new public transportation facilities or improvements to existing public transportation facilities to increase capacity; and the building of new public or private educational facilities or improving existing public or private educational facilities to increase enrollment.

                H.            “Attainment area” means, for any air pollutant, an area which is shown by monitored data or which is calculated by air quality modeling not to exceed any NAAQS for such pollutant, and is so designated under Section 107(d)(1)(D) or (E) of the act.

                I.             “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with Paragraphs (1)-(4) of Subsection I of 20.11.61.7 NMAC.

                                (1)           For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the five year period immediately preceding when the owner or operator begins actual construction of the project.  The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation.

                                                (a)           The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

                                                (b)           The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.

                                                (c)           For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed.  A different consecutive 24-month period can be used for each regulated NSR pollutant.

                                                (d)           The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraph (b) of Paragraph (1) of Subsection I of 20.11.61.7 NMAC.

                                (2)           For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10 year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the department for a permit required either under 20.11.61 NMAC or under a plan approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period earlier than November 15, 1990.

                                                (a)           The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

                                                (b)           The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.

                                                (c)           The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period.  However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G).

                                                (d)           For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed.  A different consecutive 24-month period can be used for each regulated NSR pollutant.

                                                (e)           The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraphs (b) and (c) of Paragraph (2) of Subsection I of 20.11.61.7 NMAC.

                                (3)           For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit’s potential to emit.

                                (4)           For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in Paragraph (1) of Subsection I of 20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph (2) of Subsection I of 20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) of Subsection I of 20.11.61.7 NMAC.

                J.             “Baseline area”

                                (1)           Means any intrastate area (and every part thereof) designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the act in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, as follows:  equal to or greater than one microgram per cubic meter (1 μg/m3) (annual average) for SO2, NO2 or PM10; or equal to or greater than 0.3 µg/m3 (annual average) for PM2.5.

                                (2)           Area redesignations under Section 107(d)(1)(A)(ii) or (iii) of the act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which:

                                                (a)           establishes a minor source baseline date; or

                                                (b)           is subject to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and would be constructed in the same state as the state proposing the redesignation.

                                (3)           Any baseline area established originally for total suspended particulates (TSP) increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that such baseline area shall not remain in effect if the department rescinds the corresponding minor source baseline date in accordance with Paragraph (3) of Subsection MM of 20.11.61.7 NMAC.

                K.            “Baseline concentration” means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date.

                                (1)           A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:

                                                (a)           the actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in Paragraph (2) of Subsection K of 20.11.61.7 NMAC;

                                                (b)           the allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date.

                                (2)           The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):

                                                (a)           actual emissions from any major stationary source on which construction commenced after the major source baseline date; and

                                                (b)           actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.

                L.            “Begin actual construction” means, in general, the initiation of physical onsite construction activities on an emissions unit which are of a permanent nature.  Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework and construction of permanent storage structures.  With respect to a change in method of operation, this term refers to those on-site activities, other than preparatory activities which mark the initiation of the change.

                M.           “Best available control technology (BACT)” means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification, which the director on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant.  In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60 and 61.  If the director determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology.  Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results.

                N.            “Building, structure, facility or installation” means all of the pollutant emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel.  Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same “major group” (i.e., which have the same first two-digit code) as described in the standard industrial classification (SIC) manual, 1972, as amended by the 1977 supplement (U. S. government printing office stock numbers 4101-0066 and 003-005-00176-0, respectively) or any superseding SIC manual.

                O.            “Class I area” means any federal land that is classified or reclassified as “class I” as listed in 20.11.61.25 NMAC.

                P.            “Commence” as applied to construction of a major stationary source or major modification, means that the owner or operator has all necessary preconstruction approvals or permits and either has:

                                (1)           begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

                                (2)           entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

                Q.            “Complete” means, in reference to an application for a permit, that the department has determined the application contains all of the information necessary for processing the application.  Designating an application complete for purposes of permit processing does not preclude the department from requesting or accepting any additional information.

                R.            “Construction” means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions.

                S.             “Continuous emissions monitoring system (CEMS)” means all of the equipment that may be required to meet the data acquisition and availability requirements of 20.11.61 NMAC, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.

                T.            “Continuous emissions rate monitoring system (CERMS)” means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

                U.            “Continuous parameter monitoring system (CPMS)” means all of the equipment necessary to meet the data acquisition and availability requirements of 20.11.61 NMAC, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis.

                V.            “Department” means the city of Albuquerque, environmental health department or its successor agency.

                W.           “Director” means the director of the city of Albuquerque, environmental health department or the director of its successor agency.

                X.            “Electric utility steam generating unit” means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale.  Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

                Y.            “Emissions unit” means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in 20.11.61.7 NMAC.  For purposes of 20.11.61 NMAC, there are two types of emissions units as follows:

                                (1)           a new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit first operated;

                                (2)           an existing emissions unit is any emissions unit that does not meet the requirements in Paragraph (1) of Subsection Y of 20.11.61.7 NMAC.  A replacement unit is an existing unit.

                Z.            “Federal land manager” means, with respect to any lands in the United States, a federal level cabinet secretary of a federal level department (e.g. interior department) with authority over such lands.

                AA.         “Federally enforceable” means all limitations and conditions which are enforceable by the administrator, including:

                                (1)           those requirements developed pursuant to 40 CFR Parts 60 and 61;

                                (2)           requirements within any applicable state implementation plan (SIP);

                                (3)           any permit requirements established pursuant to 40 CFR 52.21; or

                                (4)           under regulations approved pursuant to 40 CFR Part 51, Subpart I, including operating permits issued under an EPA-approved program that expressly requires adherence to any permit issued under such program.

                BB.         “Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

                CC.         “Greenhouse gases” or “GHGs means the air pollutant defined in § 86.1818–12(a) of Chapter I of Title 40 of the CFR, as the aggregate group of six greenhouse gases:  carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

                DD.         “High terrain” means any area having an elevation 900 feet or more above the base of a source’s stack.

                EE.         “Indian governing body” means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.

                FF.          “Innovative control technology” means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts.

                GG.        “Low terrain” means any area other than high terrain.

                HH.        “Lowest achievable emission rate (LAER)” means, for any source, the more stringent rate of emissions based on the following:

                                (1)           the most stringent emissions limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or

                                (2)           the most stringent emissions limitation which is achieved in practice by such class or category of stationary source; this limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source; in no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance.

                II.            “Major modification”

                                (1)           Means any physical change in or change in the method of operation of a major stationary source that would result in:  a significant emissions increase of a regulated NSR pollutant; and a significant net emissions increase of that pollutant from the major stationary source.

                                (2)           Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or oxides of nitrogen shall be considered significant for ozone.

                                (3)           A physical change or change in the method of operation shall not include:

                                                (a)           routine maintenance, repair, and replacement;

                                                (b)           use of an alternative fuel or raw material by reason of an order under Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

                                                (c)           use of an alternative fuel by reason of an order or rule under Section 125 of the act;

                                                (d)           use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

                                                (e)           use of an alternative fuel or raw material by a stationary source which:

                                                                (i)            the source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Subpart I or 40 CFR 51.166; or

                                                                (ii)           the source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166;

                                                (f)            an increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Subpart I or 40 CFR 51.166;

                                                (g)           any change in ownership at a stationary source;

                                                (h)           the installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

                                                                (i)            the state implementation plan for the state in which the project is located; and

                                                                (ii)           other requirements necessary to attain and maintain the NAAQS during the project and after it is terminated;

                                                (i)            the installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated NSR pollutant emitted by the unit; this exemption shall apply on a pollutant-by-pollutant basis; or

                                                (j)            the reactivation of a very clean coal-fired electric utility steam generating unit.

                                (4)           This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under 20.11.61.20 NMAC for a PAL for that pollutant.  Instead, the definition at Paragraph (8) of Subsection B of 20.11.61.20 NMAC shall apply.

                JJ.          “Major source baseline date” means:

                                (1)           in the case of PM10 and sulfur dioxide, January 6, 1975;

                                (2)           in the case of nitrogen dioxide, February 8, 1988; and

                                (3)           in the case of PM2.5, October 20, 2010.

                KK.        “Major stationary source”

                                (1)           means:

                                                (a)           any stationary source listed in Table 1 of 20.11.61.26 NMAC which emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant;

                                                (b)           notwithstanding the stationary source categories specified in Subparagraph (a) of Paragraph (1) of Subsection KK of 20.11.61.7 NMAC, any stationary source which emits, or has the potential to emit, 250 tons per year or more of any regulated NSR pollutant; or

                                                (c)           any physical change that would occur at a stationary source not otherwise qualifying under Subsection KK of 20.11.61.7 NMAC, as a major stationary source if the change would constitute a major stationary source by itself.

                                (2)           A major source that is major for volatile organic compounds or oxides of nitrogen shall be considered major for ozone.

                                (3)           The fugitive emissions of a stationary source shall not be included in determining whether it is a major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 of 20.11.61.26 NMAC or any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the act.

                LL.         “Mandatory federal class I area” means any area identified in 40 CFR Part 81, Subpart D.

                MM.       “Minor source baseline date” means the earliest date after the trigger date on which a major stationary source or major modification subject to 40 CFR 52.21, or to regulations approved pursuant to 40 CFR 51.166, submits a complete application under the relevant regulations.

                                (1)           The trigger dates are:

                                                (a)           August 7, 1977, for PM10 and sulfur dioxide; and

                                                (b)           February 8, 1988 for nitrogen dioxide; and

                                                (c)           October 20, 2011, for PM2.5.

                                (2)           The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:

                                                (a)           the area in which the proposed major stationary source or major modification would construct is designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the federal act for the pollutant on the date of its complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; and

                                                (b)           in the case of a major stationary source, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant.

                                (3)           Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that the department may rescind any such minor source baseline date where it can be shown, to the director’s satisfaction that, either the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions.

                NN.         “Natural conditions” includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast or coloration.

                OO.        “Necessary preconstruction approvals or permits” mean those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the New Mexico state implementation plan.

                PP.          “Net emissions increase”

                                (1)           Means, that with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:

                                                (a)           the increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to Subsection D of 20.11.61.11 NMAC; and

                                                (b)           any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating increases and decreases shall be determined as provided in Subsection I of 20.11.61.7 NMAC, except that Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection I of 20.11.61.7 NMAC shall not apply.

                                (2)           An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:

                                                (a)           the date five years prior to the commencement of construction on the particular change; and

                                                (b)           the date that the increase from the particular change occurs.

                                (3)           An increase or decrease in actual emissions is creditable only if:

                                                (a)           it occurs between:

                                                                (i)            the date five years prior to the commencement of construction on the particular change; and

                                                                (ii)           the date that the increase from the particular change occurs; and

                                                (b)           the department has not relied on it in issuing a permit for the source under regulations approved pursuant to 40 CFR 51.166, which permit is in effect when the increase in actual emissions from the particular change occurs; and

                                                (c)           the increase or decrease in emissions did not occur at a clean unit, as defined in 40 CFR 51.166 (b)(3)(iii)(c) and Federal Register Vol. 76 No. 61, 3/30/11, p. 17554.

                                                (d)           As it pertains to an increase or decrease in fugitive emissions (to the extent quantifiable), it occurs at an emissions unit that is part of one of the source categories listed in Paragraph (3) of Subsection KK of 20.11.61.7 NMAC or it occurs at an emission unit that is located at a major stationary source that belongs to one of the listed source categories.  Fugitive emission increases or decreases are not included for those emissions units located at a facility whose primary activity is not represented by one of the source categories listed in Paragraph (3) of Subsection KK of 20.11.61.7 NMAC and that are not, by themselves, part of a listed source category.

                                (4)           An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or oxides of nitrogen that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.

                                (5)           An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

                                (6)           A decrease in actual emissions is creditable only to the extent that:

                                                (a)           the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

                                                (b)           it is enforceable as a practical matter at and after the time that actual construction on the particular change begins; and

                                                (c)           it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and

                                (7)           an increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant; any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

                                (8)           Paragraph (2) of Subsection B of 20.11.61.7 NMAC shall not apply for determining creditable increases and decreases.

                QQ.        “Nonattainment area” means an area which has been designated under Section 107 of the act as nonattainment for one or more of the NAAQS by EPA.

                RR.         “Portable stationary source” means a source which can be relocated to another operating site with limited dismantling and reassembly.

                SS.          “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design.  Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollutant control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitations or the effect the limitation would have on emissions is federally enforceable.  Secondary emissions do not count in determining the potential to emit of a stationary source.

                TT.         “Predictive emissions monitoring system (PEMS)” means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis.

                UU.         “Project” means a physical change in, or change in method of operation of, an existing major stationary source.

                VV.         “Projected actual emissions”

                                (1)           Means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit’s design capacity or its potential to emit that regulated NSR pollutant, and full utilization of the unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source.

                                (2)           In determining the projected actual emissions (before beginning actual construction), the owner or operator of the major stationary source:

                                                (a)           shall consider all relevant information, including but not limited to, historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with the state or federal regulatory authorities, and compliance plans under an approved SIP; and

                                                (b)           shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and

                                                (c)           shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under Subsection I of 20.11.61.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or

                                (3)           in lieu of using the method set out in Subparagraphs (a)-(c) of Paragraph (2) of Subsection VV of 20.11.61.7 NMAC, may elect to use the emissions unit’s potential to emit in tons per year.

                WW.      “Regulated new source review pollutant” or “regulated NSR pollutant” means the following:

                                (1)           any pollutant for which a NAAQS has been promulgated; this includes, but is not limited to the following:

                                                (a)           PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures; on or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in PSD permits; compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of 40 CFR 51.166 unless the applicable implementation plan required condensable particulate matter to be included;

                                                (b)           any pollutant identified under Subparagraph (b) of Paragraph (1) of Subsection WW of 20.11.61.7 NMAC as a constituent or precursor to a pollutant for which a NAAQS has been promulgated; precursors identified by the administrator for purposes of NSR are the following:

                                                                (i)            volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas;

                                                                (ii)           sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas;

                                                                (iii)         nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas, unless the state demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM 2.5 concentrations;

                                                                (iv)          volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the state demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area’s ambient PM2.5 concentrations;

                                (2)           any pollutant that is subject to any standard promulgated under Section 111 of the act;

                                (3)           any class I or II substance subject to a standard promulgated under or established by Title VI of the act;

                                (4)           any pollutant that otherwise is “subject to regulation” under the act as defined in Subsection CCC of 20.11.61.7 NMAC;

                                (5)           notwithstanding Paragraphs (1) through (4) of Subsection WW of 20.11.61.7 NMAC, the term “regulated NSR pollutant” shall not include any or all hazardous air pollutants either listed in Section 112 of the act, or added to the list pursuant to Section 112(b)(2) of the act, and which have not been delisted pursuant to Section 112(b)(3) of the act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the act;

                                (6)           particulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures; on or after January 1, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PM10 in PSD permits; compliance with emissions limitations for PM, PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of 20.11.61 NMAC unless the applicable implementation plan required condensable particulate matter to be included.

                XX.        “Replacement unit” means an emission unit for which all of the following criteria are met.  No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.

                                (1)           The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit.

                                (2)           The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

                                (3)           The replacement unit does not change the basic design parameter(s) of the process unit.

                                (4)           The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter.  If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.

                YY.         “Secondary emissions” means emissions which occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself.  For the purpose of 40 CFR 51.166, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions.  Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification.  Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

                ZZ.         “Significant” means:

                                (1)           in reference to a net emissions increase or the potential of a source to emit any of the pollutants listed in Table 2 of 20.11.61.27 NMAC, a rate of emissions that would equal or exceed any of the corresponding emission rates listed in Table 2 of 20.11.61.27 NMAC;

                                (2)           in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that Paragraph (1) of Subsection ZZ of 20.11.61.7 NMAC, does not list, any emissions rate; and

                                (3)           notwithstanding Paragraph (1) of Subsection ZZ of 20.11.61.7 NMAC, any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers of a class I area, and have an impact on such area equal to or greater than 1 µg/m3 (24-hour average).

                AAA.      “Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant.

                BBB.      “Stationary source” means any building, structure, facility, or installation which emits, or may emit, any regulated NSR pollutant.

                CCC.      “Subject to regulation” means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the administrator in Subchapter C of Chapter I of Title 40 of the CFR, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity.  Except that:

                                (1)           Greenhouse gases (GHGs) shall not be subject to regulation except as provided in Paragraphs (4) and (5) of Subsection CCC of 20.11.61.7 NMAC and shall not be subject to regulation if the stationary source maintains its total source-wide emissions below the GHG PAL level, meets the requirements in 20.11.61.20 NMAC, and complies with the PAL permit containing the GHG PAL.

                                (2)           For purposes of Paragraphs (3) through (5) of Subsection CCC of 20.11.61.7 NMAC, the term “tpy CO2 equivalent emissions (CO2e)” shall represent an amount of GHGs emitted, and shall be computed as follows:

                                                (a)           multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential published at Table A–1 to subpart A of Part 98 of Chapter I of Title 40 of the CFRGlobal Warming Potentials[; for purposes of Paragraph (2) of Subsection CCC of 20.11.61.7 NMAC, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material)];

                                                (b)           sum the resultant value from Subparagraph (a) of Paragraph (2) of Subsection CCC of 20.11.61.7 NMAC for each gas to compute a tpy CO2e.

                                (3)           The term “emissions increase” as used in Paragraphs (4) and (5) of Subsection CCC of 20.11.61.7 NMAC, shall mean that both a significant emissions increase (as calculated using the procedures in Subsection D of 20.11.61.11 NMAC) and a significant net emissions increase (as defined in Subsection PP of 20.11.61.7 NMAC and Subsection ZZ of 20.11.61.7 NMAC) occur.  For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO2e instead of applying the value in Table 2 of 20.11.61.27 NMAC.

                                (4)           Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

                                                (a)           the stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO2e or more; or

                                                (b)           the stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO2e or more; and,

                                (5)           beginning July 1, 2011, in addition to the provisions in Paragraph (4) of Subsection CCC of 20.11.61.7 NMAC, the pollutant GHGs shall also be subject to regulation:

                                                (a)           at a new stationary source that will emit or have the potential to emit 100,000 tpy CO2e; or

                                                (b)           at an existing stationary source that emits or has the potential to emit 100,000 tpy CO2e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO2e or more.

                DDD.      “Temporary source” means a stationary source which changes its location or ceases to exist within two years from the date of initial start of operations.

                EEE.      “Visibility impairment” means any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions.

                FFF.       “Volatile organic compound (VOC)” means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions; this includes any such organic compound other than those which the administrator designates as having negligible photochemical reactivity under 40 CFR 51.100(s).

[20.11.61.7 NMAC - Rp, 20.11.61.7 NMAC, 1/23/06; A, 5/15/06; A, 8/30/10; A, 1/10/11; A, 5/13/13; A, 5/29/15]

 

20.11.61.11          APPLICABILITY:

                A.            The requirements of 20.11.61 NMAC apply to the construction of any new major stationary source or any project at an existing major stationary source in an area designated as attainment or unclassifiable.

                B.            [The requirements of Sections 20.11.61.12 NMAC and 20.11.61.13 NMAC, Subsections A through C of 20.11.61.14 NMAC, Paragraph (1) of Subsection B of 20.11.61.15 NMAC, Subsections A and B of 20.11.61.16 NMAC, 20.11.61.17 NMAC, Subsections A through C of 20.11.61.18 NMAC, Subsections B and C of 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as 20.11.61 NMAC otherwise provides.

                C.            No new major stationary source or major modification to which the requirements of Subsections A, B, C and D of 20.11.61.12 NMAC, Section 20.11.61.13 NMAC, Subsections A through C of 20.11.61.14 NMAC, Paragraph (1) of Subsection B of 20.11.61.15 NMAC, Subsections A and B of 20.11.61.16 NMAC, 20.11.61.17 NMAC, Subsections A through C of 20.11.61.18 NMAC, Subsections B and C of 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements.] The requirements of 20.11.61.12 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction of any new major stationary source or the major modification of any existing major stationary source except as 20.11.61 NMAC otherwise provides.

                C.            No new major stationary source or major modification to which the requirements of Subsections A, B, C, and D of 20.11.61.12 NMAC, 20.11.61.13 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements.

                D.            Applicability procedures.

                                (1)           Except as otherwise provided in Subsection E of 20.11.61.11 NMAC, and consistent with the definition of major modification, a project is a major modification for a regulated NSR pollutant if it causes a significant emissions increase and a significant net emissions increase.  The project is not a major modification if it does not cause a significant emissions increase.  If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.

                                (2)           The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to Paragraphs (3) through (5) of Subsection D of 20.11.61.11 NMAC.  The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition in Subsection PP of 20.11.61.7 NMAC.  Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.

                                (3)           Actual-to-projected-actual applicability test for projects that only involve existing emissions units.  A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or exceeds the significant amount for that pollutant.

                                (4)           Actual-to-potential test for projects that only involve construction of a new emissions unit(s).  A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant.

                                (5)           Hybrid test for projects that involve multiple types of emissions units.  A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in Paragraphs (3) and (4) of Subsection D of 20.11.61.11 NMAC as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant.

                E.            For any major stationary source for a PAL for a regulated NSR pollutant, the major stationary source shall comply with requirements under 20.11.61.20 NMAC.

[20.11.61.11 NMAC - N, 1/23/06; A, 8/30/10; A, 1/10/11; A, 5/13/13; A, 5/29/15]

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

NOTICE OF BOARD OF FINANCE RULES

 

The State Board of Finance is in the process of amending two of its rules:  Acceptance of Credit/Debit Cards and Use of Electronic Fund Transfers (2.60.8 NMAC) and Bond Project Disbursements (2.61.6 NMAC); and the State Board of Finance is in the process of introducing a new rule:  Determinations of the State Board of Finance (2.61.9 NMAC).  Copies of the existing rules, proposed amendments and proposed new rule are available in room 181, Bataan Memorial Building, Santa Fe, NM and on the State Board of Finance website, http://nmdfa.state.nm.us/Board_of_Finance.aspx .  The Board will consider adopting the proposed rule amendments and new rule at its July 21, 2015 meeting, which takes place at 9:00 a.m. in the Governor’s Cabinet Room, State Capitol building.  Please mail or deliver written comments on the proposed amendments and new rule to:  Director, State Board of Finance, 181 Bataan Memorial Building, 407 Galisteo Street, Santa Fe, NM 87501, by July 16, 2015.

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

Notice of Proposed Rulemaking

 

The Public Education Department (“Department”) hereby gives notice that the Department will conduct a public hearing at Mabry Hall, Jerry Apodaca Education Building, 300 Don Gaspar, Santa Fe, New Mexico 87501-2786, on Monday, July 20, 2015 from 1:00 p.m. to 3:00 p.m..  The purpose of the public hearing will be to obtain input on the proposed new rule 6.32.3 NMAC (Seal of Bilingualism-Biliteracy on New Mexico Diploma of Excellence).

 

Interested individuals may provide comments at the public hearing and/or submit written comments to Dr. Icela Pelayo, Director, Bilingual Multicultural Education Bureau, via email at rule.feedback@state.nm.us, fax (505) 827-6725, or directed to Dr. Icela Pelayo, Director, Bilingual Multicultural Education Bureau, Public Education Department, Jerry Apodaca Public Education Building, 300 Don Gaspar, Santa Fe, New Mexico 87501. Written comments must be received no later than 5:00 p.m. on the date of the hearing. However, the submission of written comments as soon as possible is encouraged.

 

Copies of the proposed rules may be accessed on the Department’s website (http://ped.state.nm.us/) under the “Public Notices” link, or obtained from Ms. Kirsi Laine, Bilingual Multicultural Education Specialist, by calling (505) 827-6505.

 

Individuals with disabilities who require this information in an alternative format or need any form of auxiliary aid to attend or participate in the public hearing are asked to contact Ms. Laine at (505) 827-6505 as soon as possible. The NMPED requires at least ten (10) days advance notice to provide requested special accommodations.

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

The Human Services Department (the Department), Medical Assistance Division (MAD) previously published in the May 29, 2015 New Mexico Register Volume XXVI, Number 10 the Notice of Rulemaking for amending 8.281.500 and 8.200.430 New Mexico Administrative Code (NMAC) rules.  The Department will be withdrawing this Notice of Rulemaking.  The Department has filed a new Notice of Rulemaking for 8.281.500 NMAC and is now accepting comments through July 16, 2015.  The Department has elected to not re-file a Notice of Rulemaking for 8.200.430 NMAC at this time.

 

The register and amendments to this rule will be available June 16, 2015 on the HSD website: http://www.hsd.state.nm.us/LookingForInformation/registers.aspx or  http://www.hsd.state.nm.us/public-notices-proposed-rule-and-waiver-changes-and-opportunities-to-comment.aspx If you do not have internet access, a copy of the proposed register and rule may be requested by contacting MAD at 505-827-7743 or at 888-997-2583 asking for extension 7-7743.

 

The Department is taking this opportunity to amend 8.281.500 NMAC to implement the Qualified State Long Term Care Insurance Partnership Program, to define who may be recognized as a spouse, and to update and standardize language.

 

Highlights:

 

                Section 7-the proposed amendment adds definitions for asset limits, long term care insurance policy, protected asset limits, the Qualified State Long Term Care Partnership Program, and defines who is recognized as a spouse.

 

                Section 13-the proposed amendment adds detailed instruction to implement the Qualified State Long Term Care Insurance Partnership Program.

 

                Section 14-the proposed amendment adds instructions on asset transfers under the Qualified State Long Term Care Insurance Program.

 

                Section 16-the proposed amendment adds instruction as to how to determine the resource assessments when an eligible recipient has a policy for the Qualified State Long Term Care Insurance Partnership Program.

 

                Section 23-the proposed amendment adds instructions on determining deductions of premiums for the Qualified State Long Term Care Insurance Partnership policies in the medical care credit calculation. The amendment allows a deduction for the full amount of court ordered child or spousal support.

 

The Department proposes to have 8.281.500 NMAC effective August 14, 2015. A public hearing to receive testimony on these proposed amendments will be held in Hearing Room One, Toney Anaya Building, 2550 Cerrillos Road, Santa Fe, New Mexico on July 16, 2015 at 10 a.m. Mountain Daylight Time (MDT).

 

Interested persons may address written comments to Human Services Department, Office of the Secretary, ATTN:  Medical Assistance Division-Public Comments, P.O. Box 2348, Santa Fe, New Mexico 87504-2348.

Recorded comments may be left at (505) 827-1337.   Interested persons may also address comments via electronic mail to: madrules@state.nm.us.  Written mail, electronic mail and recorded comments must be received no later than 5 p.m. MDT on July 16, 2015.  Written and recorded comments will be given the same consideration as oral testimony made at the public hearing.

 

If you are a person with a disability and you require this information in an alternative format or require a special accommodation to participate in the public hearing, please contact the Medical Assistance Division toll free at 1-888-997-2583 and ask for extension 7-7743.  In Santa Fe call 827-7743.  The Department’s TDD system may be accessed toll-free at 1-800-659-8331 or in Santa Fe by calling 827-3184.  The Department requests at least 10 working days advance notice to provide requested alternative formats and special accommodations.

 

Copies of all comments will be made available upon request by providing either copies directly to a requestor or by making them available on the Department’s website or at a location within the county of the requestor.

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

This is an amendment to 16.39.5 NMAC, amending Sections 1, 7-11 and adding Section 12, effective 07/1/2015.

 

16.39.5.1               ISSUING AGENCY:  State Board of Licensure for Professional Engineers and Professional Surveyors, [4001 Office Court Drive, Suite 903] 2550 Cerrillos Road, Santa Fe, NM [87507] 87505, telephone no. (505) [827-7561] 476-4565.

[16.39.5.1 NMAC - Rp, 16 NMAC 39.5.1, 1/01/2002; A, 7/01/2006; A, 7/1/2015]

 

16.39.5.7               DEFINITIONS: [RESERVED]

                A.            “ABET” is defined as the accreditation board for engineering and technology.

                B.            “Board-approved, four (4)-year curriculum in surveying” is defined as:

                                (1)           surveying curriculum of at least four (4) years that has been accredited by ABET within at least three (3) years of the applicant’s graduation with a bachelor’s degree in surveying;

                                (2)           curriculum not accredited by ABET but with a minimum number of surveying credits required for accreditation by ABET;

                C.            “Board-approved related science degree” is defined as:

                                (1)           A four (4)-year bachelor of arts or science degree that contains a minimum of eighteen (18) core curriculum hours in surveying, twelve (12) hours of higher mathematics and six (6) hours of basic science.

                                (2)           Core surveying classes shall include a minimum of a three (3)-hour semester course in each of the following areas:

                                                (a)           boundary law/ legal principles of land surveying;

                                                (b)           public land surveying system (PLSS);

                                                (c)           plane surveying;

                                                (d)           geodesy or photogrammetry.

                                (3)           The remainder of the eighteen (18) core curriculum hours in surveying may include classes in route surveying, geographic information systems, land development, global positioning systems, photogrammetry or geodesy, mapping professional ethics and remote sensing.

                                (4)           Twelve (12) hours of higher mathematics may include college algebra, trigonometry, analytical geometry, differential and integral calculus, linear algebra, numerical analysis, probability and statistic and advanced calculus.

                                (5)           Six (6) hours of basic science may include physics, chemistry, geology, physical geography, biology and astronomy.

[16.39.5.7 NMAC - Rp, 16 NMAC 39.5.7, 1/01/2002; A, 7/1/2015]

 

16.39.5.8               APPLICATION - SURVEYOR INTERN AND PROFESSIONAL SURVEYOR:

                [A.           Board members may not be used as references.

                B.            A copy of the New Mexico Engineering and Surveying Practice Act and the Title 16, Chapter 39 of the New Mexico Administrative Code shall be provided to each applicant.

                C.            Any application, to be complete, must include acceptable replies from references, official transcript(s) provided directly from the university; and if applicable, verification(s) of prior examinations taken in other states.

                D.            An applicant whose application for eligibility has not been completed as set forth in Subsection D of 16.39.5.8 NMAC thirteen (13) weeks prior to the examination will not be eligible to take any examination.  Once eligibility has been approved, each applicant shall then submit a second application which identifies type and location of examination desired.  This second application must be completed and examination fees paid on or before the specified date set by the board.

                E.            To update an application file in relation to experience, the candidate must complete appropriate portions of the application form and provide references acceptable to the professional surveying committee to verify each additional experience record.

                F.            Applications for the principles & practice of surveying and the fundamentals of surveying examinations which have been approved by the board shall remain valid for three (3) years.

                G.            An applicant with foreign credentials requesting licensure by examination or endorsement shall provide to the professional surveying committee's satisfaction, evidence that the applicant’s qualifications are equal to or exceed the qualifications for licensure in effect in New Mexico at the time of application.  All applicants shall show proficiency in the English language and shall have a minimum of four years experience working in the United States under the direction of a licensed professional surveyor who can attest to the applicant's ability and knowledge as a competent surveyor.]              A.            Types of application - licensure as a professional surveyor or certification as a survey intern require that an applicant present his or her qualifications on forms prescribed by this board.

                B.            Any application, to be complete, must include acceptable replies from references, official transcript(s) provided directly from the university; and if applicable, verification(s) of prior examinations taken in other state(s).

                C.            Board members shall not be used as references.

                D.            Applications for surveying intern certification will be accepted after an applicant has passed the fundamentals of surveying exam and has graduated from a board-approved, four (4)-year surveying curriculum or an approved four (4)-year curriculum in a related science as defined by Subsection C of 16.39.5.7 NMAC above and augmented with four (4) years of combined office and field board approved surveying experience obtained under the direction of a licensed professional surveyor.  Class time will not be counted in the four (4) years of experience, but work prior to or while attending school may be counted toward the four (4) years of required experience at the discretion of the board.

                E.            Applicants for the principles and practices of surveying examination having graduated with a board-approved four (4)-year surveying curriculum of four (4) years or more, or with a related-science degree, as determined by the board shall have a minimum of four (4) years of experience acceptable to the professional surveying committee at the date of application and shall have passed the fundamentals of surveying examination.

                F.            No applicant will be eligible to take the professional surveying examination whose application for eligibility has not been completed, reviewed and approved by the board, as set forth in 16.39.5.8 NMAC.

                G.            Applicants for the professional surveying license will be accepted after applicant has passed the professional surveying exam and has fulfilled the education and experience requirements.  Successful passing of the professional surveying exam does not ensure licensure as a professional surveyor.  To satisfy the statutory requirement for board-approved surveying experience prior to licensure, a candidate with a board-approved surveying curriculum of four (4) years or more as determined by the board shall have four (4) years of experience acceptable to the professional surveying committee, and a candidate with a related science degree shall have four (4) years of surveying experience acceptable to the professional surveying committee.  After successfully completing the professional surveying examination, an applicant, if necessary to meet the licensing requirements in the New Mexico Engineering and Surveying Practice Act, shall update the application as provided by Subsection H of 61.39.5.8 NMAC.

                H.            To update a professional survey (PS) application file in relation to experience, the applicant must complete an application update form and provide references acceptable to the professional surveying committee to verify each additional experience record.

                I.             Applications for licensure or certification by examination, comity or endorsement which have been approved by the professional surveying committee shall remain valid for three (3) years from the date of approval.

                J.             An applicant with foreign credentials requesting licensure by examination or endorsement shall provide to the professional surveying committee’s satisfaction, evidence that the applicant’s qualifications are equal to or exceed the qualifications for licensure in effect in New Mexico at the time of application.

                K.            All applicants for professional surveyor license shall show proficiency in the English language and shall have a minimum of four (4) years of experience working in the United States under the direction of a licensed professional surveyor who can attest to the applicant’s ability and knowledge as a competent surveyor.

[16.39.5.8 NMAC - Rp, 16 NMAC 39.5.8, 1/01/2002; A, 7/01/2006; A, 7/1/2015]

 

16.39.5.9               EXAMINATIONS--SURVEYOR INTERN AND PROFESSIONAL SURVEYOR:

                A.            Regularly scheduled [written] examinations shall be held [biannually in the spring and autumn respectively] in accordance with NCEES examination schedules.  Other examinations may be held at times            and places as determined by the professional surveying committee.

                B.            An applicant that fails [any written] the New Mexico state specific surveying examination will be notified of the next available examination sessions.  A written request to retake the examination and payment of the examination fee shall be on or before the specified date set by the board.  Any applicant that fails a NCEES examination will be notified by NCEES.

                [C.           An examinee that has made three unsuccessful attempts at achieving a passing score on an examination shall only be eligible to take the next scheduled examination after providing documentation to the board of further study in preparation of the exam.

                D.            An examinee who has a question regarding an examination shall put the question in writing to the professional surveying committee.  The question will be considered at the next professional surveying committee meeting.  The committee's answer to the examinee shall be in writing.]            C.            An applicant that has not achieved a passing score on an examination within the three (3) year application period shall only be eligible to take the next scheduled examination after re-submitting a new application and providing detailed documentation to the board of further study in preparation of the exam.

                D.            The type of examination will be disclosed to the examinee at a time to be set by the NCEES.  The examination type will be one of the following:

                                (1)           an “open book” examination shall be an examination during which the examinee may use reference material as specified by the national council of examiners for engineering and surveying;

                                (2)           a “closed book” examination shall mean that absolutely no reference material of any shape or form may be used by the examinee except as provided by the board during the examination; or

                                (3)           a “computer based” examination.

                E.            Only calculators specified by the NCEES shall be admitted in the examination room during the administration of the licensing examinations.

                F.            An applicant who has a question regarding the New Mexico state specific surveying examination shall put the question in writing to the professional surveying committee.  The question will be considered at the next professional surveying committee meeting.  The committee’s answer to the examinee shall be in writing. Questions regarding the completed fundamental of surveying examination or the principles and practice surveying examination shall be directed to NCEES.

[16.39.5.9 NMAC - Rp, 16 NMAC 39.5.9, 1/01/2002; A, 7/01/2006; A, 7/1/2015]

 

16.39.5.10             PRACTICE OF SURVEYING:

                A.            A person or any organization shall not advertise or offer to practice surveying work or accept such work unless that person or a member of the organization is licensed by the board and is legally able to bind that organization by contract.

                B.            Neither persons nor organizations shall circumvent these rules.

                C.            Nothing in this section is intended to prevent the existence of an association of professionals in different disciplines.

                D.            The board will consider the use of the terms, "surveyor", "surveying" or any modification or derivative of such terms, in the title of a firm or organization to constitute the offering of surveying services.  The board also considers the use of these terms or any modification or derivative of such terms in a domestic corporation’s articles of incorporation or in a foreign corporation’s certificate of authority as published by the New Mexico’s [public regulation commission] secretary of state to constitute the offering of surveying services.

[16.39.5.10 NMAC - Rp, 16 NMAC 39.5.10, 1/01/2002; A, 7/01/2006; A, 7/1/2015]

 

16.39.5.11             SEAL OF LICENSEE:

                A.            Each licensed professional surveyor shall obtain a seal/stamp which must be impressed on all plats, reports, etc., prepared by the licensee in responsible charge.  Adjacent to the seal/stamp shall appear the original signature of the licensee along with the date the signature was applied.  Rubber stamps and all facsimiles of signatures are not acceptable.   Electronic signature as provided by law and board’s policy shall be acceptable.

                B.            The seal/stamp shall be either the impression type seal, the rubber type, or a computer-generated facsimile.  Computer-generated seals shall be bona fide copies of the actual seal/stamp specific to the work being presented.

                C.            The design of the seal/stamp shall consist of three concentric circles, the outermost one (1) being one and one-half (1 ½) inches in diameter, the middle circle being one (1) inch in diameter and the innermost circle being one-half (½) inch in diameter.  The outer ring shall contain the words, “Professional Surveyor", and the licensee's name.  The inner ring shall contain the words "New Mexico".  The center circle shall contain the license number issued by the board.  Any border pattern used by the manufacturer is acceptable.

                D.            Professional surveyors who were licensed prior to the enactment of these current rules and who have maintained that license without lapse, may retain and use the seals, stamps, and wall certificates previously approved.

                E.            The seal and signature shall be placed on work only when it was under the licensee’s responsible charge.  The licensee shall sign and seal only work within the licensee’s area of discipline.

                F.            When the document contains more than one (1) sheet, the first or title page shall be sealed and signed by the licensee who was in responsible charge.  Two (2) or more licensees may affix their signatures and seals provided it is designated by a note under the seal the specific subject matter for which each is responsible.  In addition, each sheet shall be sealed and signed by the licensee or licensees responsible for that sheet.  When a firm performs the work, each sheet shall be sealed and signed by the licensee or licensees who were in responsible charge of that sheet.

                G.            An electronic signature, as an option to a permanently legible signature, is acceptable for professional documents.  The licensee shall provide adequate security regarding the use of the seal and signature.

[16.39.5.11 NMAC - Rp, 16 NMAC 39.5.11, 1/01/2002; A, 7/01/2006; A, 7/1/2015]

 

16.39.5.12             ENDORSEMENTS:  For the purpose of New Mexico licensees by endorsement from other states, or possessions, the professional surveying committee will only recognize licensure granted by those authorities when the professional surveying committee has determined that the applicant possesses qualifications which “do not conflict with the provisions of the Engineer and Surveying Practice Act and are of standard not lower than that specified in Sections 61-23-27.3 and 61-23-27.4 NMSA 1978”.  Conditions establishing eligibility for licensure by endorsement shall have been met at the time of initial licensure.  Additionally, the applicant must have a current license in another state, the District of Columbia, a territory or a possession of the United States, or in a foreign country.  Conditions for endorsement for licensure as a professional surveyor shall be as follows:

                A.            Graduation from a four (4)-year board-approved surveying curriculum, four (4) years of experience satisfactory to the professional surveying committee, and passing of the fundamentals of surveying and professional surveying examinations (1995 law).

                B.            Graduation from an engineering or related science curriculum that are approved by the committee and augmented with eighteen (18) semester hours of surveying, eight (8) years of experience satisfactory to the professional surveying committee, and passing of the eight (8) hour fundamentals and eight (8) hour professional examinations (1995 law).

                C.            Licensure prior to July 1, 1995 by graduation from a two (2) year board-approved surveying or associated curriculum, eight (8) years of experience satisfactory to the professional surveying committee and passing of the eight (8) hour fundamentals and eight (8) hour professional examination.

                D.            Licensure prior to July 1, 1995 by graduation from a board- approved surveying or associated curriculum of at least forty-five (45) semester hours, eight (8) years of experience satisfactory to the professional surveying committee, and passing of the eight (8) hour fundamentals and eight (8) hour professional examination;

                E.            Licensure prior to July 1 , 1979, eight (8) years of experience satisfactory to the professional surveying committee and passing of the eight (8) hour fundamentals and eight (8) hour professional examinations.

[16.39.5.12 NMAC - N, 7/1/2015]

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

This is an amendment to 16.39.3 NMAC, Part name and Sections 1 & 6-13, effective 7/1/2015.

 

PART 3                 ENGINEERING [CERTIFICATES OF] LICENSURE, DISCIPLINES, APPLICATIONS,

                                EXAMS, PRACTICE, SEAL OF LICENSEE AND ENDORSEMENTS

 

16.39.3.1               ISSUING AGENCY:  State Board of Licensure for Professional Engineers and Professional Surveyors, [4001 Office Court Drive, Suite 903] 2550 Cerrillos Road, Santa Fe, NM [87507] 87505, telephone no. (505) [827-7561] 476-4565.

[16.39.3.1 NMAC - Rp, 16 NMAC 39.3.1, 1/01/2002; A, 7/01/2006; A, 7/1/2015]

 

16.39.3.6               OBJECTIVE:  The objective of Part 3 of Chapter 39 is to clearly define the procedure for granting [certificates of] licensure to practice engineering or [certificates] certification as engineer interns, identify and provide procedures for engineering disciplines, applications and examinations, practice of engineering, seal of licensees and application by endorsement guidelines.

[16.39.3.6 NMAC - Rp, 16 NMAC 39.3.6, 1/01/2002; A, 7/1/2015]

 

16.39.3.7               DEFINITIONS:  Board-approved, four-year curriculum in engineering is defined as:

                [A.           engineering curriculum accredited by the engineering accrediting commission (EAC) of the accreditation board for engineering and technology (ABET);

                B.            graduation from an engineering curriculum that receives ABET accreditation within three years of the applicant’s graduation;

                C.            non-ABET accredited engineering degree curriculum with the minimum number of engineering credits as required in an ABET-accredited degree (32 semester or 48 quarter credit hours in math/science including 12 semester credits of calculus terminating with differential equations; 32 semester or 48 quarter credit hours of engineering science; 16 semester or 24 quarter credits of engineering design; and 16 semester or 24 quarter credits of humanities/social science);

                D.            graduate degree (master or doctoral) from an engineering program where the bachelor’s degree is ABET-accredited and the candidate has completed all the BS deficiencies (confirmation letter from graduate committee), even though the applicant’s bachelor’s degree was earned in a non-engineering program.]       A.            “ABET” is defined as the accreditation board for engineering and technology.

                B.            “Board-approved, four (4) -year curriculum in engineering” is defined as:

                                (1)           engineering curriculum of at least four (4) years that has been accredited by ABET within at least three (3) years of the applicant’s graduation with a bachelor’s degree in engineering:

                                (2)           curriculum not accredited by ABET but with the minimum number of engineering credits required for accreditation by ABET; and

                                (3)           Curriculum required for graduate degree (master or doctoral) in engineering from an engineering program with an ABET-accredited bachelor’s degree has successfully completed (as confirmed by letter from graduation committee) all requirements deficient to bachelor’s degree in engineering.

                C.            “Engineering discipline” is defined as a designated area of proficiency and competence in the practice of engineering.

                D.            “FE exam” refers to the fundamentals of engineering exam.

                E.            “PE exam” refers to the principles and practice of engineering exam.

                F.            “NCEES” refers to the national council of examiners for engineering and surveying.

                G.            “Category” refers to the type of license such as professional engineer or professional surveyor as referred to in Subsections L and P of Sections 61-23-23 NMSA 1978.

                H.            “Branch” refers to engineering disciplines as referred to in 16.39.3.8 NMAC.

[16.39.3.7 NMAC - Rp, 16 NMAC 39.3.7, 1/01/2002; A, 7/01/2006; A, 1/01/2007; A, 7/1/2015]

 

16.39.3.8               ENGINEERING DISCIPLINES:

                A.            Licensure is granted as a professional engineer and shall be so stated on the certificate.  Although the Engineering and Surveying Practice Act makes no specific designation as to the disciplines of engineering practice on the certificates as issued by the board, the records and roster of the board shall indicate the discipline(s) in which the licensee is competent to practice in accordance with this section.  Only the discipline(s) of engineering for which the applicant has successfully been examined or approved by the professional engineering committee will be recorded.

                B.            Requests for engineering disciplines will be accepted from the following list; and the board's records and roster will be annotated with the corresponding alphabetical code:

                                (1)           architectural                                         A

                                (2)           aeronautical                                         B

                                (3)           civil                                                         C

                                (4)           agricultural                                            D

                                (5)           electrical and computer                      E

                                (6)           network engineer                                 [F] Nw

                                (7)           geological                                              G

                                (8)           chemical                                                H

                                (9)           industrial                                               I

                                (10)         mechanical                                           M

                                (11)         mining                                                    N

                                (12)         metallurgical                                         [NN] Nn

                                (13)         petroleum                                              P

                                (14)         control systems                                    Q

                                (15)         structural                                               R

                                (16)         nuclear                                                   T

                                (17)         fire protection                                       U

                                (18)         environmental                                      V

                                (19)         construction                                          W

                                (20)         naval architecture and marine          Nm

                                (21)         software                                                                Sw

                C.            Other disciplines may be considered as reviewed and approved by the board.

                [C.] D.    A licensee may be listed in no more than three (3) disciplines of engineering.  Subsequent to initial licensure, a licensee may apply for licensure in another discipline of engineering.  The licensee shall demonstrate competence in that discipline and may be required to appear before the board.  Demonstration of competence may be accomplished by presenting evidence as follows:

                                (1)           the licensee shall file a separate application for the additional discipline requested and pay an application fee for the additional application; and

                                (2)           complete the application forms to indicate clearly the education, experience, and three (3) acceptable personal references which will substantiate proficiency in the discipline for which the licensee is applying; experience and personal references must be stated;

                                (3)           an applicant for licensure by endorsement may initially apply for the three disciplines.

                [D.] E.    Structural discipline - except for an applicant with a B.S. degree with a structural option and a minimum of four (4) years of post-baccalaureate structural engineering experience, listing as a structural engineer may be obtained by having gained an acceptable engineering degree which included a minimum of six (6) hours of structural design; having licensure as a professional engineer; and having four (4) years of structural experience gained after licensure and acceptable to the board.

                                (1)           Passing the NCEES structural tests part I & II may be substituted for two (2) years of the required experience.

                                (2)           A master’s degree in structures may be substituted for one (1) year of the required experience.

                                (3)           An applicant for licensure as a structural engineer by endorsement shall meet the requirements of Paragraphs (1) and (2) of Subsection D of 16.39.3.8 NMAC.

                [E.] F.     Specialty sub-disciplines - The professional engineering committee of the board may determine that the special practice of engineering within one (1) or more of the engineering disciplines in Subsection B of 16.39.3.8 NMAC requires unique training/education and experience to adequately protect the public safety and health, and the professional engineering committee of the board shall declare this special practice of engineering to be a specialty sub-discipline.  The declaration of a specialty sub-discipline shall be based on a need identified by the state or any of its political subdivisions, availability of appropriate and timely training/education within the state of New Mexico, and the ability of the identification of a specialty sub-discipline to inform the public of the needed special practice of engineering. If the professional engineering committee of the board declares a specialty sub-discipline, after a rules hearing, the requirements for the special practice of engineering shall be included in Title 16, Chapter 39 of the New Mexico administrative code for engineering and surveying:

                                (1)           the specialty sub-discipline rules shall specify the training/education and experience requirements to obtain certification for the special engineering practice, including provisions for equivalent training when a particular course of training/education is specified; in anticipation that more than one (1) discipline identified in Subsection B of 16.39.3.8 NMAC will qualify for the specialty sub-discipline, the rules shall identify which engineering disciplines in Subsection B of 16.39.3.8 NMAC, are most likely to qualify for the specialty sub-discipline;

                                (2)           the board shall maintain a list of engineers who have been certified as meeting the requirements for the specialty sub-discipline; the list shall be available to the public upon request and pursuant to the inspection of public records; the professional engineering committee of the board shall establish a form for the application to obtain a certification for the specialty sub-discipline; upon approval by the professional engineering committee of the board, the qualified licensee’s name shall be added to the list of licensees having the specialty sub-discipline;

                                (3)           a licensee’s name may be removed from the list of persons certified for the specialty sub-discipline, upon determination [of] by the professional engineering committee of the board that the licensee no longer qualifies for the certification specialty sub-discipline; such removal shall be only after the appropriate process/hearing by the professional engineering committee of the board;

                                (4)           the failure to obtain certification for the specialty sub-discipline shall not limit the practice of engineering within any of the engineering disciplines identified in Subsection B of 16.39.3.8 NMAC, and the failure to obtain certification in the specialty sub-discipline shall not constitute practice outside the licensee’s area of competence; however, the failure to obtain certification for a specialty sub-discipline and a determination by the professional engineering committee of the board of inappropriate practice of engineering within the engineering specialty may be cause for determination that the engineering practice is not within the licensee’s authorized discipline, and that appropriate disciplinary action can be taken;

                                (5)           the certification of a specialty sub-discipline shall be for a period established by the professional engineering committee of the board, but not less than two (2) years or more than six (6) years; renewal of the specialty sub-discipline shall be concurrent with license renewal;

                                (6)           the professional engineering committee of the board may remove the specialty sub-discipline from the rules for engineering and surveying, after a rules hearing, upon the finding that the training/education is no longer available or that the designation of the specialty sub-discipline in no longer needed to protect the public safety and health.

                [F.] G.    Establishment of specialty sub-disciplines - The following specialty sub-discipline(s) for the practice of engineering are established.  On-site wastewater engineering.

                                (1)           Area of practice - the design of septic tank systems, on-site wastewater treatment plants, leach fields, evapotranspiration fields, and similar structures that do not discharge wastewater effluent directly to a surface watercourse or stream.

                                (2)           New Mexico governmental agency identifying the need for this specialty sub-discipline - New Mexico environment department.

                                (3)           Training/education within New Mexico - a course of training/education conducted in cooperation with the New Mexico environment department and approved by the professional engineering committee of the board.  The course content shall include NM laws, unique NM conditions requiring special design practice, site testing that must be performed, procedures of approval of plans and specifications, and requirements for certification of construction.

                                (4)           The engineering disciplines in Subsection B of 16.39.3.8 NMAC that may be applicable to this specialty sub-discipline are:  architectural, civil, agricultural, geological, industrial, petroleum, environmental and construction.

                                (5)           The certification of specialty sub-discipline for on-site wastewater engineering shall expire at the end of the license renewal period that is three (3) years after the granting of the certification for specialty sub-discipline.  The certification may be renewed by submitting documentation of updated training/education.

                [G.          Fire protection discipline - professional responsibility for professional engineers practicing fire protection engineering - the overall design of a fire protection system involves a broad range of hazards and protection schemes in the development of a workable, integrated solution to a fire system problem.  This process includes the practice of engineering as defined by Section 61-23-3(E), NMSA 1978 (New Mexico Engineering and Surveying Practice Act).  This rule clarifies the practice of engineering relating to fire protection systems.

                    (1)     Licensed professional engineers, who design fire detection, fire alarm, or fire sprinkler systems including the identification of the water source shall sign, seal and prepare all plans in accordance with the New Mexico Engineering and Surveying Practice Act, Title 16, Chapter 39 of the New Mexico administrative code as it pertains to the practice of engineering:

                              (a)     prepare construction plans and documents that depict all required components and devices for a complete fire detection, fire alarm, and/or fire sprinkler system in accordance with the applicable codes and standards;

                              (b)     be responsible for any change orders, additions or corrections to bring a deficient layout into compliance with the applicable national fire protection association (NFPA) standard(s) and/or applicable local or state codes.

                    (2)     Licensed professional engineers shall specify the installation of fire detection, fire alarm and/or fire sprinkler systems.  A professional engineer’s responsibilities are to identify on the construction plans/design drawings and documents/specifications the following:

                              (a)     the applicable prescriptive codes and/or standards;

                              (b)     the specific building use and/or occupancy classification; and/or;

                              (c)     describe the function, placement, performance and operation of the devices and components to correctly layout the system(s);

                              (d)     sprinkler system:  the density and water flow and pressure requirements of the sprinkler system design, classification of the commodities to be protected, and confirmation of the water supply, hydraulic data and preliminary hydraulic design as shown on plans and documents signed and sealed by an engineer; the plans prepared by the engineer shall include details, location and design of the fire sprinkler riser, fire department connections, test station and sprinkler head location;

                              (e)     alarm system:  appropriate building system interfaces, effect of construction on system design, selection of devices and systems, device location and spacing, control panel location, and preliminary riser diagrams as shown on plans and documents signed and sealed by an engineer.

                    (3)     Engineering for fire detection, fire alarm, and/or fire sprinkler systems by a New Mexico licensed professional engineer shall be limited to:

                              (a)     those engineers who have been approved by the board to practice in the discipline of fire protection engineering, or

                              (b)     an engineer who is competent by experience or education in designing such systems and can demonstrate continuing professional competency by attending and reporting sufficient professional development hours including, but not limited to, the fire protection codes and standards.]

[16.39.3.8 NMAC - Rp, 16 NMAC 39.3.8, 1/01/2002; A, 7/01/2006; A, 1/01/2007; A, 7/1/2015]

 

16.39.3.9               APPLICATION - ENGINEERING INTERN AND PROFESSIONAL ENGINEER:

                [A.           Board members may not be used as references.

                B.            A copy of the New Mexico Engineering and Surveying Practice Act and Title 16, Chapter 39 of the New Mexico administrative code shall be provided to each applicant.

                C.            Applications for the fundamentals of engineering examination will be accepted from the following undergraduates:  A person who has obtained at least a senior status in a board-approved four-year curriculum in engineering, or in a board-approved four-year curriculum in engineering technology that is accredited by the technical accreditation commission of the accreditation board for engineering and technology; applications may be submitted on the short form.

                D.            Applicants, with board-approved engineering degrees, wishing to take the fundamentals of engineering examination shall submit their application on the long application form with official transcript(s) provided directly from the university.

                E.            Applicants for the principles and practices of engineering examination with an accreditation board engineering and technology (ABET) accredited engineering curriculum of four years or more or equivalent as determined by the board shall have a minimum of two years of post-baccalaureate experience acceptable to the professional engineering committee at the date of application and shall have passed the fundamentals of engineering examination. Applicants with an ABET accredited engineering technology degree shall have a minimum of four years of post-baccalaureate experience acceptable to the professional engineering committee at the date of application and shall have passed the fundamentals of engineering examination.  To satisfy the statutory requirement for board-approved engineering experience prior to licensure, a candidate with an ABET accredited engineering curriculum of four years or more or equivalent as determined by the board shall have four years of post-baccalaureate experience acceptable to the professional engineering committee, and a candidate with an ABET accredited engineering technology degree shall have six years of post-baccalaureate experience acceptable to the professional engineering committee.  After successfully completing the professional engineering examination, an applicant, if necessary to meet the licensing requirements in the New Mexico Engineering and Surveying Practice Act, shall update the application as provided by Subsection H of 61.39.3.9 NMAC.

                F.            Any application, to be complete, other than those referred to in Subsection C of 16.39.3.9 NMAC above, must include acceptable replies from five references, pursuant to Section 61-23-14.1(A)(2), NMSA 1978 official transcript(s) provided directly from the university; and if applicable, verification(s) of prior examinations taken in other states.

                G.            No applicant will be eligible to take any examination whose application for eligibility has not been completed as set forth in Subsection F of 16.39.3.9 NMAC for professional engineering committee approval no less than thirteen (13) weeks prior to the next scheduled examination.  Once eligibility has been approved, each applicant shall then submit a second application which identifies type and location of examination desired.  This second application must be completed and examination fees paid on or before the date specified by the board.

                H.            To update a professional engineer (PE) application file in relation to experience, the applicant must complete the appropriate portions of the application form and provide references acceptable to the professional engineering committee to verify each additional experience record.

                I.             Applications for licensure or certification by examination or comity/endorsement which have been approved by the professional engineering committee shall remain valid for three years from the date of approval.

                J.             An applicant with foreign credentials requesting licensure by examination or endorsement shall provide to the professional engineering committee's satisfaction, evidence that the applicants' qualifications are equal to, or exceed those in New Mexico.

                K.            All applicants shall also show proficiency in the English language and shall have a minimum of four years experience working in the United States under the direction of an engineer who will attest to the applicant's ability and knowledge as a competent engineer.]               A.            Types of applications- licensure as a professional engineer or certification as an engineer intern require that an applicant present his or her qualifications on forms prescribed by the board.

                B.            Any application, to be complete, must include acceptable replies from references, official transcripts provided directly from the colleges or universities attended; and if applicable, verification of prior examinations taken in other states.

                C.            Board members shall not be used as references.

                D.            Applications for engineering intern certification will be accepted after applicant has passed the fundamentals of engineering exam and graduated from a board-approved, four (4)-year engineering curriculum; or graduated from a four (4)-year engineering technology program that is accredited by the technical accreditation commission of the ABET, augmented by at least two (2) years of board-approved, post graduate engineering experience.  Applications to take the fundamentals of engineering exam administered by the NCEES will not be required from the state board.  Successful passing of the fundamentals of engineering exam does not ensure certification as an engineer intern.

                E.            Applicants for the principles and practices of engineering examination with an ABET accredited engineering curriculum of four (4) years or more or equivalent as determined by the board shall have a minimum of two (2) years of post-baccalaureate experience acceptable to the professional engineering committee at the date of application and shall have passed the fundamentals of engineering examination.  Applicants with an ABET accredited engineering technology degree shall have a minimum or four (4) years of post-baccalaureate experience acceptable to the board at the date of application and shall have passed the fundamentals of engineering examination.

                F.            No applicant will be eligible to take the professional engineering examination whose application for eligibility has not been completed, reviewed and approved by the board, as set forth in 16.39.3.9 NMAC.

                G.            Applicants for the professional engineering license will be accepted after applicant has passed the professional engineering exam and has fulfilled the education and experience requirements.  Successful passing of the professional engineering exam does not ensure licensure as a professional engineer.  To satisfy the statutory requirement for board-approved engineering experience prior to licensure, a candidate with an ABET accredited engineering curriculum of four (4) years or more or equivalent as determined by the board shall have four (4) years of post-baccalaureate experience acceptable to the professional engineering committee, and a candidate with an ABET accredited engineering technology degree shall have six (6) years of post-baccalaureate experience acceptable to the professional engineering committee.  After successfully completing the professional engineering examination, an applicant, if necessary to meet the licensing requirements in the New Mexico Engineering and Surveying Practice Act, shall update the application as provided by Subsection H of 61.39.3.9 NMAC.

                H.            To update a professional engineer (PE) application file in relation to experience, the applicant must complete the appropriate portions of the application form and provide references acceptable to the professional engineering committee to verify each additional experience record.

                I.             Applications for licensure or certification by examination or comity/endorsement which have been approved by the professional engineering committee shall remain valid for three (3) years from the date of approval.

                J.             An applicant with foreign credentials requesting licensure by examination or endorsement shall provide to the professional engineering committee’s satisfaction, evidence that the applicants’ qualifications are equal to, or exceed those in New Mexico.

                K.            All applicants for PE licensure shall also show proficiency in the English language and shall have a minimum of four (4)-years experience working in the United States under the direction of an engineer who will attest to the applicant’s ability and knowledge as a competent engineer.

[16.39.3.9 NMAC - Rp, 16 NMAC 39.3.9, 1/01/2002; A, 7/01/2006; A, 7/1/2015]

 

16.39.3.10             EXAMINATIONS--ENGINEERING INTERN AND PROFESSIONAL ENGINEER:

                [A.           Regularly scheduled written examinations shall be held biannually in the spring and autumn respectively.  Other examinations may be held at times and places as determined by the professional engineering committee.

                B.            Any applicant that fails any written examination will be notified of the next. A written request to retake the examination and payment of the examination fee shall be received on or before the date specified by the board.

                C.            An examinee that has made three unsuccessful attempts at achieving a passing score on an examination, shall only be eligible to take the next scheduled examination after providing documentation to the board of further study in preparation of the exam.

                D.            The type of examination will be disclosed to the examinee at a time to be set by the professional engineering committee.  Type of examination will be one of the following:

                    (1)     an "open book" examination shall be an examination during which the examinee may use reference material as specified by the national council of examiners for engineering and surveying;

                    (2)     a "closed book" examination shall mean that absolutely no reference material of any shape or form may be used by the examinee except as provided by the board during the examination;

                    (3)     the examinations given by the professional engineering committee may be "open" or "closed book" or any combination thereof;

                    (4)     only calculators specified by the national council of examiners for engineering and surveying shall be admitted in the examination room during the administration of the licensing examinations;

                E.            An examinee who has a question regarding the completed examination, shall put the matter in writing to the professional engineering committee; it will be considered at the next professional engineering committee meeting; the professional engineering committee's answer to the examinee shall be in writing.]            A.            Regularly scheduled examinations shall be held in accordance with NCEES examination schedules.

                B.            Any applicant that fails an examination will be notified by NCEES.

                C.            An applicant that has not achieved a passing score on an examination within the three (3) year application period shall only be eligible to take the next scheduled examination after re-submitting a new application and providing detailed documentation to the board of further study in preparation of the exam.

                D.            The type of examination will be disclosed to the examinee at a time to be set by the NCEES.  The examination type will be one (1) of the following:

                                (1)           an "open book" examination shall be an examination during which the examinee may use reference material as specified by the national council of examiners for engineering and surveying;

                                (2)           a "closed book" examination shall mean that absolutely no reference material of any shape or form may be used by the examinee except as provided by the board during the examination; or

                                (3)           a “computer based” examination.

                E.            Only calculators specified by the NCEES shall be admitted in the examination room during the administration of the licensing examinations.

                F.            Questions regarding the completed fundamentals of engineering examination or the principles and practice of engineering examination shall be directed to NCEES.

[16.39.3.10 NMAC - Rp, 16 NMAC 39.3.10, 1/01/2002; A, 7/01/2006; A, 7/1/2015]

 

16.39.3.11             PRACTICE OF ENGINEERING:

                A.            Neither a person nor an organization shall advertise, accept work or offer to practice engineering work in a discipline of engineering unless the person or a member of the organization has been approved by the professional engineering committee in the appropriate discipline and who is legally able to bind that organization by contract.

                B.            Neither persons nor organizations shall circumvent these rules.  Licensees or organizations may advertise for work only in those disciplines of engineering in which they are approved by the professional engineering committee to practice.  Nothing in this section is intended to prevent the existence of an association of professionals in different disciplines.

                C.            In the event a question arises as to the competence of a licensee in a specific technical field which cannot be otherwise resolved to the board's satisfaction, the board shall, either upon request of the licensee or of its own volition, require the licensee to pass an appropriate examination.

                D.            The professional engineering committee will consider the use of the terms, "engineer", "engineering", or any modification or derivative of such terms, in the title of a firm or organization to constitute the offering of engineering.  The board will also consider the use of these terms or any modification or derivative of such terms in a corporation’s name or its articles of incorporation or in a foreign corporation’s certificate of authority as published by the New Mexico public regulation commission to constitute the offering of engineering services.

[16.39.3.11 NMAC - Rp, 16 NMAC 39.3.11, 1/01/2002; A, 7/01/2006; A, 7/1/2015]

 

16.39.3.12             SEAL OF LICENSEE:

                A.            Each licensed professional engineer shall obtain a seal/stamp, which [must] shall appear on all final engineering design drawings, [and] the certification page of all specifications and engineering reports prepared by the licensee in responsible charge.  Adjacent to the seal/stamp shall appear the original signature of the licensee along with the date the signature was applied.  Rubber stamps signatures are not acceptable.  Electronic signatures as provided by law and board’s policy shall be acceptable.

                B.            The seal/stamp shall be [either] the impression type seal, the rubber type, or a computer-generated facsimile.  Computer generated seals shall be bona fide copies of the actual seal/stamp specific to the work being presented.

                C.            The design of the seal/stamp shall consist of three (3) concentric circles, the outermost circle being one (1) and one-half (1/2) inches in diameter, the middle circle being one (1) inch in diameter, and the innermost circle being one-half (1/2) inch in diameter.  The outer ring shall contain the words, PROFESSIONAL ENGINEER" and the licensee's name.  The inner ring shall contain the words "NEW MEXICO".  The center circle shall contain the license number issued by the board.  Any border pattern used by the manufacturer is acceptable.

                D.            Professional engineers who were licensed prior to the enactment of these current rules and who have maintained that license without lapse, may retain and use the seals, stamps, and wall certificates previously approved.

                E.            For the purposes of the Engineering and Surveying Practice Act, a licensee of this board has "responsible charge of the work" as defined in Subsection M of Section 61-23-3 [(M)], NMSA 1978 and may sign, date and seal/stamp plans, specifications, drawings or reports which the licensee did not personally prepare when plans, specifications, drawings or reports have been sealed only by another licensed engineer, and the licensee or persons directly under his personal supervision have reviewed the plans, specifications, drawings or reports and have made tests, calculations or changes in the work as necessary to determine that the work has been completed in a proper and professional manner.

                F.            [The board shall recognize that there may be occasions when engineers need to obtain supplemental survey information for the planning and design of an engineering project.  A licensed professional engineer who has primary engineering responsibility and control of an engineering project may perform supplemental surveying work in obtaining data incidental to that project.  Supplemental surveying work may be performed by a licensed professional engineer only on a project for which the engineer is providing engineering design services.  A licensed professional engineer may apply photogrammetric methods to derive topographic and other data and shall certify the work by affixing the licensee's seal and signature.] The seal and signature shall be placed on work only when it is under the licensee’s responsible charge.  The licensee shall sign and seal only work within the licensee’s area of discipline.

                G.            When the document contains more than one (1) sheet, the first or title page shall be sealed and signed by the licensee who was in responsible charge.  Two (2) or more licensees may affix their signatures and seals provided it is designated by a note under  the seal specific subject matter for which each is responsible.  In addition, each sheet shall be sealed and signed by the licensee or licensees responsible for  that sheet.  When a firm performs the work, each sheet shall be sealed and signed by the licensee or licensees who were in responsible charge of that sheet.

                H.            An electronic signature, as an option to a permanently legible signature, is acceptable for professional documents.  The licensee shall provide adequate security regarding the use of the seal and signature.

                I.             The board shall recognize that there may be occasions when engineers need to obtain supplemental survey information for the planning and design of an engineering project.  An engineer may densify, augment and enhance previously performed survey work by a surveyor for a project as defined in Subsection S of Section 61-23-3 of the Practice Act.

[16.39.3.12 NMAC - Rp, 16 NMAC 39.3.12, 1/01/2002; A, 7/01/2006; A, 7/1/2015]

 

16.39.3.13             ENDORSEMENTS:  For the purpose of New Mexico licensees by endorsement from other states, or possessions, the professional engineering committee will only recognize licensure granted by those authorities when the professional engineering committee has determined that the applicant possesses qualifications which "do not conflict with the provisions of the Engineering and Surveying Practice Act and are of standard not lower than that specified in Sections 61-23-14 and 61-23-14.1, NMSA 1978".  Conditions establishing eligibility for licensure by endorsement shall have been met at the time of initial licensure.  Additionally, the applicant must have a current license in another state, the District of Columbia, a territory or a possession of the United States, or in a foreign country.  Conditions for endorsement for licensure as a professional engineer shall be as follows:

                A.            graduation from an approved engineering curriculum, four (4) years of experience satisfactory to the professional engineering committee, and passing of the eight (8)-hour fundamentals and eight (8)-hour professional examinations; (1979 law and 1987 law);

                B.            graduation from an ABET accredited engineering technology program, six (6) years of experience satisfactory to the professional engineering committee, and passing of the eight (8)-hour fundamentals examination and 8-hour professional examination(1993 law);

                [B.] C.    licensure prior to July 1, 2002 graduation from an ABET accredited engineering technology program or from an engineering or related science curriculum approved by the committee, six (6) years of experience satisfactory to the professional engineering committee, and passing of the eight (8)-hour fundamentals and eight (8)-hour professional examination (1993 law);

                [C.] D.    licensure prior to July 1, 1993 by graduation from an engineering or related science curriculum other than the ones approved by the committee, eight (8) years of experience satisfactory to the professional engineering committee, and passing of the eight (8)-hour fundamentals and eight (8)-hour professional examination (1979 law and 1987 law);

                [D.] E.    licensure prior to July 1, 1993, by graduation from an engineering or related science curriculum, twenty (20)-years experience satisfactory to the professional engineering committee, and passing the eight (8)-hour professional examination (1979 law and 1987 law);

                [E.] F.     licensure prior to July 1, 1940, by twelve (12) years of experience satisfactory to the professional engineering committee (1934 law);

                [F.] G.    licensure prior to July 1, 1957, by graduation from an approved curriculum, and four (4) years or more of experience satisfactory to the professional engineering committee (1935 law);

                [G.] H.    licensure prior to July 1, 1957, by passing a written and oral examination designed to show knowledge and skill approximating that attained through graduation from an approved curriculum, and four (4) years or more of experience satisfactory to the professional engineering committee (1952 law);

                [H.] I.     licensure prior to July 1, 1967, by twenty-four (24) years of experience satisfactory to the professional engineering committee, and by passing an oral examination (1957 law);

                [I.] J.      licensure prior to July 1, 1967, by graduation from an approved curriculum prior to July 1, 1957, and passing the eight (8)-hour professional examination (1957 law);

                [J.] K.     licensure prior to July 1, 1979, by eight (8) years of experience satisfactory to the professional engineering committee, and by having passed the eight (8)-hour fundamentals and 8-hour professional examinations (1969 law);

                [K.] L.    licensure prior to July 1, 1979, by thirty (30) years of experience, the last twelve (12) years of which must have been of outstanding nature and by having been nationally eminent among his peers (1967 law);

                [L.] M.   for the purposes of endorsement, an approved engineering curriculum shall be an ABET accredited engineering curriculum of four (4) years or more or equivalent as determined by the board.

[16.39.3.13 NMAC - Rp, 16 NMAC 39.3.13, 1/01/2002; A, 7/01/2006; A, 7/1/2015]

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

This is an amendment to 16.39.4 NMAC, Sections 1 and 8, effective 7/1/2015.

 

16.39.4.1               ISSUING AGENCY:  State Board of Licensure for Professional Engineers and Professional Surveyors, [4001 Office Court Drive, Suite 903] 2550 Cerrillos Road, Santa Fe, NM [87507] 87505, telephone no. (505) [827-7561] 476-4565.

[16.39.4.1 NMAC - Rp, 16 NMAC 39.4.1, 1/01/2002; A, 7/01/2006; A, 7/1/2015]

 

16.39.4.8               INCIDENTAL PRACTICE OF ARCHITECTURE AND ENGINEERING - as defined in Section 61-23-22(A) NMSA 1978 means:

                A.            architectural work incidental to engineering shall be that architectural work provided on projects with a building construction value not greater than [four] six hundred thousand dollars ($ [400,000] 600,000) and having a total occupant load not greater than fifty (50);

                B.            engineering work incidental to architecture shall be that engineering work provided on projects with a building construction value not greater than [four] six hundred thousand dollars ($[400,000] 600,000) and having a total occupant load not greater than fifty (50);

                C.            all buildings and related structures within the regulatory provisions of the New Mexico Uniform Building Code (NMUBC) will require the proper authentication of the building construction documents by all participating disciplines in accordance with their respective governing acts on projects with a building construction value greater than [four hundred thousand dollars ($400,000)] six hundred thousand dollars ($600,000) or having a total occupant load greater than fifty (50), with the exception of:

                                (1)           single-family dwellings not more than two (2) stories in height;

                                (2)           multiple dwellings not more than two (2) stories in height containing not more than four (4) dwelling units of wood-frame construction; provided this paragraph shall not be construed to allow a person who is not registered under the Architectural Act to design multiple clusters of up to four (4) dwelling units each to form apartment or condominium complexes where the total exceeds four (4) dwelling units on any lawfully divided lot;

                                (3)           garages or other structures not more than two (2) stories in height which are appurtenant to buildings described in [16.39.4.8. C (1) and 16.39.4.8.C (2)] Paragraph (1) and (2) of Subsection C of 16.39.4.8 NMAC; or

                                (4)           nonresidential buildings, as defined in the uniform building code, or additions having a total occupant load of ten (10) or less and not more than two (2) stories in height, which shall not include E-3 (Day Care), H (Hazardous), or I (Institutional) occupancies;

                                (5)           alterations to buildings or structures which present no unusual conditions, hazards or change of occupancy.

                D.            the owner, user or using agency shall select the prime design professional (architect or engineer) for any project based on the requirements and nature of the project;

                E.            occupant load shall be defined and determined by the method set forth in Table 33-A of the Uniform Building Code (UBC).

[16.39.4.8 NMAC - Rp, 16 NMAC 39.4.8, 1/01/2002; A, 7/1/2015]

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

This is an amendment to 16.39.2 NMAC, Part name and Sections 1, 7 & 8, effective 7/1/2015.

 

PART 2                 CONTINUING PROFESSIONAL DEVELOPMENT

 

16.39.2.1               ISSUING AGENCY:  State Board of Licensure for Professional Engineers and Professional Surveyors, [4001 Office Court Drive, Suite 903] 2550 Cerrillos Road, Santa Fe, NM [87507] 87505, telephone no. (505) [827-7561] 476-4565.

[16.39.2.1 NMAC - Rp, 16 NMAC 39.2.1, 12/01/2001; A, 7/01/2006; A, 7/1/2015]

 

16.39.2.7               DEFINITIONS:

                A.            Professional development hour (PDH) - a contact hour (nominal) of instruction or presentation - the common denominator for other units of credit.

                B.            Continuing education unit (CEU) - unit of credit customarily [used] earned for continuing education courses.  One (1) continuing education unit equals ten (10) hours of class in approved continuing education course.

                C.            College/unit semester/quarter hour - credit for course from ABET approved curriculum or other related college course approved in accordance with Subsection E of 16.39.2.8 NMAC.

                D.            Course/activity - any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the licensee's field of practice.

                E.            Dual licensee - a person who is licensed as both a professional engineer and a professional surveyor.

                F.            Ethics training - course content that addresses ethics in the engineering and in the surveying fields.

[16.39.2.7 NMAC - Rp, 16 NMAC 39.2.7, 12/01/2001; A, 7/01/2006; A, 7/1/2015]

[These definitions were moved from Paragraphs (1)-(5) of Subsection C of 16.39.2.8 NMAC.]

 

16.39.2.8               CONTINUING PROFESSIONAL DEVELOPMENT - [MANDATORY PROGRAM] REQUIREMENTS:  The purpose of the continuing professional development requirement is to [demonstrate a] enhance the continuing level of professional development of professional engineers and professional surveyors.

                A.            Introduction - Every licensee shall meet the continuing professional development requirements of these regulations for professional development as a condition for license renewal.

                B.            Failure to meet requirements - Submission of professional development hours (PDHs) shall be made concurrently with license renewal failure to meet the PDH requirements will result in the rejection of renewal [and correction of the deficiency must be made by submission of the appropriate PDHs and payment of the processing fee within 1 year of renewal date].

                C.            [Reserved]

                D.            Requirements - [every] each licensee is required to obtain thirty (30) professional development hours (PDH) units during a biennium at least [four] two (2) of which shall be in ethics.  A maximum of ten (10) PDH units may be earned in self-directed study.  If a licensee exceeds the biennial requirement in any biennial cycle, a maximum of fifteen (15) PDH units may be carried forward into the subsequent biennium in accordance with what has been previously reported to the board.  PDH units may be earned from participation in qualifying activities as follows:

                                (1)           successful completion of college courses relevant to engineering and surveying;

                                (2)           successful completion of continuing education courses;

                                (3)           successful completion of [correspondence, televised, videotaped, and other short courses/tutorials] short courses/tutorials and distance-education courses offered for self-study, independent study or group study through synchronous or asynchronous delivery method such as live correspondence, archival or internet based instruction;

                                (4)           presenting or attending qualifying seminars, in-house courses, workshops, or professional or technical presentations made at meetings, conventions or conferences;

                                (5)           teaching or instructing in Paragraphs (1) through (4) of Subsection D of 16.39.2.8 NMAC;

                                (6)           authoring published papers, articles, or books;

                                (7)           active participation in professional or technical societies and their committees;

                                (8)           patents;

                                [(9)          subscription to a technical journal or trade publication during the first twelve (12) month of the biennium reporting period;

                                (10)] (9) technical reviews, including articles from periodicals, books, video/audio cassettes, tutorials and other sources, which contribute to the technical or professional education or competency of the licensee;

                                [(11)] (10)              participation in civic or community activities, relevant to the engineering and surveying professions, as a speaker, instructor, presenter or panelist;

                                [(12)] (11)              successful completion of ethics training, up to four (4) hours per biennial renewal.

                E.            Units - the conversion of other units of credit to PDH units is as follows:

                                (1)           one (1) college or unit semester                                                                                                         45 PDH;

                                (2)           one (1) college or unit quarter hour                                                                                                  30 PDH;

                                (3)           one (1) continuing education unit                                                                                                    10 PDH;

                                (4)           one (1) hour of professional development in course work, seminars, or professional or technical presentations made at meetings, conventions, or conferences            1 PDH;

                                (5)           for teaching, apply multiple of two (2) (teaching credit is valid for teaching a course or seminar for the first time only; teaching credit does not apply to full-time faculty);

                                (6)           each published paper, article, or book in the licensee’s area of professional practice           10 PDH;

                                (7)           active participation in professional and technical societies (each organization)                    2 PDH/yr;

                                (8)           each patent                                                                                                                                           10 PDH;

                                (9)           [1 yr. Subscription                                                                                                                               1 PDH (max 2 PDH/ biennium);

                                (10)] one (1) hour of literature review                                                                                                              1 PDH (max 6 PDH/biennium);

                                [(11)] (10)              one (1) hour of each civic or community activity                                                         1 PDH (max 4 PDH/biennium);

                                [(12)] (11)              one (1) hour of ethics training                                                           [4 PDH/biennium] 1 PDH(max 4 PDH/biennium).

                F.            Determination of credit - the board has final authority with respect to approval of courses, credit, PDH value for courses, and other methods of earning credit:

                                (1)           credit for college or community college approved courses will be based upon course credit established by the college;

                                (2)           credit for qualifying seminars, workshops, professional conventions, and courses/activities may be recommended by the professional societies;

                                (3)           additional criteria for credit determination shall be included in the board policy.

                G.            Record keeping - [licensees are charged with the responsibility of their own professional activities.  The responsibility of maintaining records to be used to] each licensee is responsible for maintaining records that support credits claimed is the responsibility of the licensee.  Records required include but are not limited to: 1) a log showing the type of activity claimed, sponsoring organization, location, duration, instructor’s or speaker’s name, and PDH credits earned; 2) attendance verification records in the form of completion certificates, paid receipts or other documents supporting evidence of attendance; 3) [verification of subscription to a publication in the form of a paid receipt or] proof of membership in a technical organization issuing a publication as a part of its membership fee; 4) a log indicating the medium used for a technical review, the subject of the review, the author or sponsoring organization, the date the review was conducted, a brief written summary of the contents of the reviewed material and the time spent on the review; and 5) the organization sponsoring a civic or community activity, the date and location of the activity, the subject of the activity and the licensee’s involvement in the activity. These records must be maintained for a period of three (3) years and copies may be requested by the board for audit verification purposes.

                H.            Exemptions - a licensee may be exempt from the professional development educational requirements for one (1) of the following reasons:

                                (1)           new licensees by way of examination or comity/endorsement shall be exempt for the first year directly following the issuance of their license; PDH requirements will be prorated for any remaining portion of the licensing period beyond one (1) year from the date of initial licensure;

                                (2)           a licensee serving on temporary active duty in the armed forces of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a calendar year may be exempt from obtaining the professional development hours required during that year; supporting documentation shall be furnished to the board;

                                (3)           licensees experiencing physical disability, illness, or other extenuating circumstances as reviewed and approved by the board may be exempt; supporting documentation must be furnished to the board;

                                (4)           licensees who have been approved for "retired status" by the board shall be exempt from the professional development hours required; in the event such a person elects to return to active practice of professional engineering or professional surveying, professional development hours must be earned before returning to active practice for the preceding biennial cycle.

                I.             Reinstatement - a licensee may bring [an expired] a lapsed license to active status by obtaining all delinquent PDH units outstanding from the last biennium and complying with all other reinstatement requirements in the Engineering and Surveying Practice Act and the board's rules and regulations; however, if the total number required to become current exceeds thirty (30), then thirty (30) shall be the maximum number required.

                J.             Comity/out-of-jurisdiction resident - licensees who are residents of other jurisdictions shall meet the continuing professional development [(CPD)] requirements of this board.  These requirements may be deemed satisfied when a non-resident licensee provides evidence of having met requirements for another state engineering/surveying licensing board that are equal to or exceed the requirements of this board.

                K.            Dual licensees - the number of PDH units required shall remain the same for persons who hold a dual license as a professional engineer and professional surveyor; [holders of dual licenses are free to utilize PDH units approved for either field at their sole discretion;] for persons who hold a dual license, half of the PDH units shall be in each profession.

                L.            Forms - all renewal applications will require the [completion of a continuing education form specified by the board PDH credit claimed] number of earned PDH units.  The licensee must sign the [continuing education form] renewal application, and submit with the [renewal application and] appropriate fee.

[16.39.2.8 NMAC - Rp, 16 NMAC 39.2.8, 12/01/2001; A, 7/01/2006; A, 7/1/2015]

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

This is an amendment to 16.39.1 NMAC, Sections 1, 7, 8, 12, 14, 15 and 17, effective 07/1/2015.

 

16.39.1.1               ISSUING AGENCY:  State Board of Licensure for Professional Engineers and Professional Surveyors, [4001 Office Court Drive, Suite 903] 2550 Cerrillos Road, Santa Fe, NM [87507] 87505, telephone no. (505) [827-7561] 476-4565.

[16.39.1.1 NMAC - Rp, 16 NMAC 39.1.1, 1/1/2002; A, 7/1/2006; A, 7/1/2015]

 

16.39.1.7               DEFINITIONS:  [RESERVED]

                A.            “Category” means professional engineer or professional surveyor.

                B.            “Branch” means discipline.

[16.39.1.7 NMAC - Rp, 16 NMAC 39.1.7, 1/1/2002; A, 7/1/2015]

 

16.39.1.8               THE BOARD:

                A.            The name of this board shall be the state board of licensure for professional engineers and professional surveyors hereinafter referred to as the "board".

                B.            [The headquarters of the board shall be at Santa Fe, New Mexico.

                C.]           The official seal of the board shall be an embossed circular seal one and three-quarter inches in diameter consisting of two concentric circles; the outer circle to be one and three-quarter inches in diameter.  The inner circle is to be one and one-quarter inches in diameter.  The inner circle shall contain the seal of the state of New Mexico and the words, "State of New Mexico."  The words, "Board of Licensure for Professional Engineers and Professional Surveyors", shall be contained between the two (2) concentric circles.

                [D.] C.    The fiscal year of the board shall be July 1, through June 30 of the following calendar year.

[16.39.1.8 NMAC - Rp, 16 NMAC 39.1.8, 1/1/2002; A, 7/1/2006; A, 7/1/2015]

 

16.39.1.12             DUTIES OF THE BOARD, OFFICERS OF THE BOARD, AND THE EXECUTIVE DIRECTOR:

                A.            The board shall act as a whole in all administrative, financial and personnel matters and any other activity not specifically related to the practices of engineering or surveying.

                B.            The board shall appoint an executive director who shall serve [as an exempt employee] at the pleasure of the board.

                C.            The chair of the board shall preside at all meetings; shall appoint all committees; shall sign all certificates of licensure, vouchers and other official documents; and shall otherwise perform all duties pertaining to the office of the chair.

                D.            The vice-chair [of the board] shall, in the absence or incapacity of the chair, exercise the duties and shall possess all the powers of the chair.

                E.            The secretary of the board shall co-sign all certificates of licensure and in the absence or incapacity of the chair and vice-chair, exercise the duties and shall possess all the powers of the chair.

                F.            The executive director shall perform [and/or] and supervise the following for the board and professional engineering and professional surveying committees:

                                (1)           conduct and care for all correspondence in the name of the board, the professional engineering committee and the professional surveying committee;

                                (2)           record and file all applications, certificates of licensure, examinations, licenses and revocations for both professional engineering and professional surveying committees;

                                (3)           [possess the official seal and affix same to all official documents upon order of the chair of the board] prepare and submit to the board, at the first meeting of each fiscal year for review and approval, an annual report of board activities and statistics for the preceding fiscal year, including a financial report; prepare the approved annual report for transmittal to the governor;

                                (4)           keep a record of all meetings of the board and committees and maintain a proper account of the business of the board; a draft of the meetings' minutes shall be [mailed] provided to each member for comment within [two weeks] ten (10) working days after each meeting [with]; a final [copy to be typed and furnished] draft shall be provided to each board member at the next meeting for final approval [and recording];

                                (5)           receive and account for all funds and transfer same to state treasurer within twenty-four (24) hours of receipt; [only those invoices and vouchers for expenditures included in the board’s approved operating budget shall be approved and signed by the executive director; approved vouchers and invoices shall be transmitted to the department of finance and administration; a tabulation of each financial transaction is to be maintained on a quarterly basis and submitted to the board at the next scheduled meeting for its information and approval; these tabulations are to be made part of the board's minutes] authorize and approve payment by department of finance and administration invoices and vouchers for only those expenditures included in the board’s approved operating budget;

                                (6)           present and submit to the board at the first meeting of [the] each fiscal year a financial report prepared by the rules of generally accepted accounting principles as of the preceding June 30th, such report to include the reporting of the transactions of the board during the preceding fiscal year, and a complete statement of the receipts, expenses and expenditures of the board [and]; upon being approved by the board, shall be included in the annual report and submitted to the governor;

                                (7)           [gather information and if necessary conduct interviews of applicants for licensure to insure that applications are sufficiently and accurately completed] receive and review licensure applications for completeness for consideration by the respective committees;

                                (8)           schedule and arrange for the administration of written examinations provided for in the Engineering and Surveying Practice Act, content of which having been approved by the board or respective professional engineering or professional surveying committees; when requested by the applicant, the director shall make reasonable accommodations for the testing of an applicant with a certified disability in accordance with the provisions of the Americans with Disabilities Act and who meets the minimum qualifications in the Engineering and Surveying Practice Act and these rules; when necessary qualified assistance, approved by the board, may be retained for conduct of examinations;

                                (9)           prepare [the] and maintain a current roster on the board’s website, and furnish copies to the pubic upon request and payment of a fee as determined by the board; [and supplemental roster] in accordance with Section 61-23-13 NMSA 1978; [include in the roster and supplement only the names of those engineering interns and surveying interns who have been enrolled during that fiscal year;

                                (10)         maintain a current roster on the board’s website and make available in hard copy to a licensee if requested; file a copy with the secretary of state and other required agencies, and furnish copies to the public upon request and payment of a fee as determined by the board and in accordance with the Inspection of Public Records Act;

                                (11)         report to and inquire of the national council of examiners for engineering and surveying violations of state engineering and surveying laws;

                                (12)         furnish to the press and state engineering and surveying societies lists of newly qualified licensees and enrolled engineering interns or surveying interns;]

                                (13)] (10)               [distribute] provide one (1) week in advance of each meeting, [copies] drafts of the agenda of the meeting to each member of the board;

                                [(14)] (11)              [distribute twice in each fiscal year a newsletter regarding board actions and items of interest to licensees] publish an annual newsletter at a minimum;

                                [(15)] (12)              direct investigations of any alleged violations or infringements of the Engineering and Surveying Practice Act; a written report covering status of protest actions and alleged violations shall be presented to the appropriate committee at each meeting; this may be in the form of appropriate commentary recorded in the minutes, supported by a separate file on the case; when necessary, qualified assistance, approved by the board, may be retained for conduct of investigations;

                                [(16)] (13)              file formal disciplinary actions upon approval by the board with the appropriate jurisdiction for prosecution of alleged violations of the act and/or the board's rules.

[16.39.1.12 NMAC - Rp, 16 NMAC 39.1.12, 1/1/2002; A, 7/1/2006; A, 7/1/2015]

 

16.39.1.14             PROCEDURES AT BOARD MEETINGS AND COMMITTEE MEETINGS:

                A.            The order of business may be as follows:

                                (1)           board meetings:

                                                (a)           [approval of agenda] public notice;

                                                (b)           [approval of minutes] approval of agenda;

                                                (c)           [reports of committees] approval of minutes;

                                                (d)           [communications] reports of committees;

                                                (e)           [old business] communications;

                                                (f)            [new business] old business;

                                                (g)           [complaints and violations] new business;

                                                (h)           [adjournment] complaints and violations;

                                                (i)            adjournment;

                                (2)           committee meetings:

                                                (a)           [approval of agenda] public notice;

                                                (b)           [approval of minutes] approval of agenda;

                                                (c)           [reports of sub-committees] approval minutes;

                                                (d)           [communications] reports of sub-committees;

                                                (e)           [old business] communications;

                                                (f)            [new business] old business;

                                                (g)           [complaints and violations] new business;

                                                (h)           [applications] complaints and violations;

                                                (i)            [adjournment] applications;

                                                (j)            adjournment.

                B.            Roberts' rules of order shall generally govern the procedure of the board and committee meetings except as otherwise provided for in Title 16, Chapter 39 of the New Mexico administrative code or the Engineering and Surveying Practice Act.

                C.            Board members may participate in a meeting of the board or committees by means of a telephone conference or similar communications equipment and participation by such means shall constitute presence in person at the meeting.  Participation by telephone may only occur when it is difficult or impossible for board members to attend.

[16.39.1.14 NMAC - Rp, 16 NMAC 39.1.14, 1/1/2002; A, 7/1/2006; A, 7/1/2015]

 

16.39.1.15             ROSTER:

                [A.]         The roster shall contain the following information for each licensee: legal name, street address or post office box number, city, state, zip code, class of licensure, [branch] discipline, status, and license number.

                [B.           Anyone may obtain a copy of the roster by paying the established fee. Also see Section 61-23-13, NMSA, 1978.]

[16.39.1.15 NMAC - Rp, 16 NMAC 39.1.15, 1/1/2002; A, 7/1/2015]

 

16.39.1.17             STATUS OF LICENSURE:

                A.            Retired status - a licensee shall become eligible for retired status with a waiver of renewal fees after meeting all the following qualifications:

                                (1)           retired from active practice;

                                (2)           at least sixty (60) years of age; and

                                (3)           have been a licensee for a continuous period of twenty (20) years, at least ten (10) of which must have been in New Mexico.

                B.            Licensees shall request retired status by letter.  In the event the licensee on retired status desires to return to practice, the licensee shall apply to the board, comply with the continuing professional development requirements; and if approved shall pay the appropriate fee.

                C.            Professional engineers and professional surveyors on "retired status" with the board may use the titles "engineer", "surveyor", "professional engineer", "professional surveyor", PE or PS after their names and shall add "(Ret.)" or "(Retired)" after such title.

                D.            Inactive status - a licensee shall become eligible for inactive status with a waiver of renewal fees and professional development requirements after meeting all the following qualifications:

                                (1)           the licensee is not engaged in the respective professions (engineering or surveying) which requires licensure in this jurisdiction;

                                (2)           the licensee [have] has been a licensed professional engineer or surveyor in this jurisdiction for ten (10) consecutive years;

                                (3)           the licensee has filed an application and application fee prescribed by the board for inactive status prior to the expiration of the license [and the 60 day grace period].

                E.            In the event a licensee on inactive status desires to return to practice within six (6) years of acquiring inactive status, the licensee shall make proper application to the board, comply with the continuing professional development requirements (a minimum of thirty (30) PDHs) and if approved shall pay the appropriate fee.

                F.            An inactive licensee who has [enjoyed] maintained inactive status in excess of six (6) consecutive years may be readmitted to active practice of the profession only upon making proper application and completion of the requirements as prescribed by the board. (In the event an inactive licensee does not maintain a current license in any jurisdiction for the six (6) previous years prior to requesting active status, that person will be required to take the principles and practice of engineering (PE) examination or the principles and practice of surveying (PS) examination and the New Mexico surveying state specific exam.

[16.39.1.17 NMAC - Rp, 16 NMAC 39.1.17, 1/1/2002; A, 7/1/2006; A, 7/1/2015]

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

This is an Amendment to 16.16.13 NMAC, Section 9, effective 06-25-2015

 

16.16.13.9             APPROVED CONTINUING EDUCATION: All subjects of education must be directly related to optometry.  The New Mexico board of optometry approves the following programs for continuing education credit, as well as those listed on the updated list available on the board’s web site.

                A.            Any convention of the American optometric association (AOA).

                B.            Any meeting of an American optometric association affiliated state or regional association meeting, or meeting of the armed forces optometric society (AFOS).

                C.            Any session of the optometric extension program congress (OEPC).

                D.            Any state seminar of the graduate clinic foundation of the optometric extension program.

                E.            Courses sponsored by or given by accredited optometry schools.

                F.            Courses sponsored by the following organizations.

                                (1)           Optometric councils: mid-west, mountain west, southern, New England, southwest (SWCO).

                                (2)           Optometric contact lens societies: southwest, southern, heart of America.

                                (3)           Optometric congresses: southern, mountain states.

                                (4)           Courses sponsored by the American academy of optometry.

                                (5)           Courses approved by the council on optometric practice education (COPE) or courses approved by the New Mexico optometric association (NMOA).

                G.            The certificates of attendance required by Subsection C of 16.16.13.8 NMAC shall be signed by the presiding officer or designee of the organization conducting or sponsoring the program and shall identify the therapeutic pharmaceutical agent (TPA) courses.

                H.            Certificates of attendance for courses approved by COPE must have the COPE trademark and approval number.

                I.             A maximum of [two (2)] six (6) hours of internet-type course offerings, approved by COPE or any other board-approved sponsor, will be allowed for each annual renewal.

[11-17-73; 2-6-87; 8-21-92; 10-14-95; 10-15-97; 16.16.13.9 NMAC - Rn, 16 NMAC 16.13.9, 03-15-2001; A, 03-15-2004; A, 07-06-2012; A, 06-25-2015]

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

This is an amendment to 16.16.4 NMAC, Section 9, effective 06-25-2015

 

16.16.4.9               APPLICATION REQUIREMENTS: At least sixty-five (65) days prior to the next scheduled examination every applicant for licensure by endorsement must submit to the board office the required application-processing fee with a letter of intent stating the date of examination for which he/she wishes to be scheduled.  The following items must be received by the board office at least forty (40) days prior to the regularly scheduled board examination for which the applicant wishes to be scheduled.

                A.            A copy of the applicant's birth certificate certified to be a true and correct copy of the original.

                B.            An affidavit that the applicant has not at any time preceding application been engaged in any optometric practice of an illegal or unethical nature as defined in the Optometry Act.

                C.            Copy(ies) of any other state license(s) held by the applicant.

                D.            Official pre-optometry transcript(s) sent directly to the board office by each college or university attended by the applicant.

                E.            A complete, official optometry transcript showing the applicant's graduation sent directly to the board office by a college of optometry as approved by the American optometric association's council on optometric education.

                F.            Letters of reference from two currently licensed optometrists in the endorsing state of licensure.

                G.            Verification of successful completion of one hundred (100) or more post-graduate clock hours of ocular therapeutics pharmacology from an accredited institution.

                H.            A complete professional resume or curriculum vitae' to date.

                I.             Copy of current certification attesting to completion of a CPR course offered by the American red cross, the American heart association, or the American safety and health institute (ASHI).  The course cannot be self-study.

                J.             A completed, signed, and notarized board-approved exam application form.

                K.            The required application and examination fees (16.16.2.8 NMAC and 16.16.2.9 NMAC).

                L.            A recent, passport-type photograph of the applicant which the applicant has signed on the back in the presence of the notary public who is also witnessing the applicant's signature on the application form.

                M.           Verifications of licensure status sent directly to the board from all state licensing boards where the applicant is or has ever been licensed.  Endorsement candidates will require the following information:

                                (1)           verification that the applicant has been actively engaged in the practice of optometry in the state of licensure or in federal service for seven consecutive years immediately prior to the year in which application is made to the board office;

                                (2)           verification that the applicant has completed fourteen (14) days, or one hundred twelve (112) hours of continuing education during the immediate seven years prior to the application, providing that at least twenty-two (22) of those hours were completed within the immediate prior year; and

                                (3)           verification of examination requirements which the applicant met to be licensed to practice in that state (see 16.16.4.8 NMAC).

                N.            Verification must be provided for pre-1994-1995 academic year optometry school graduates of successful completion of a minimum twenty (20) hour course in clinical pharmacology as set forth in Subsection B of 16.16.7.11 NMAC.

                O.            A list of the names of any New Mexico licensed optometrist(s) with whom the applicant is acquainted; with whom the applicant has a professional or personal affiliation; or that the applicant would feel uncomfortable being examined by, in the event that one of those optometrists is a board member or a clinical examiner for the board.  Failure to provide this information prior to the examination may disqualify the candidate from the exam.

                P.            Each approved exam candidate will be required to bring his/her copy of the board’s exam policy and procedures document to the clinical exam and to sign it in the presence of the board’s representative in attestation that the candidate has read the document; and a copy of the document will become a part of the candidate’s examination records.

                [Q.          Nationwide criminal history screening.  All applicants for initial licensure in New Mexico are subject to a state and national criminal history screening at their expense.  All applicants must submit two (2) full sets of fingerprints, completed fingerprint certificate form, signed authorization for criminal background screening and fee at the time of application.

                                (1)           Applications for licensure will not be processed without submission of fingerprints, completed fingerprint certificate form, signed authorization for criminal background screening and fee.

                                (2)           Applications will be processed pending the completion of the nationwide criminal background screening and may be granted while the screening is still pending.

                                (3)           If the criminal background screening reveals a felony or a violation of the Optometric Practice Act the applicant will be notified to submit copies of legal documents and other related information to the board which will make the determination if the applicant is eligible for licensure.]

[11-17-73; 12-6-87; 3-31-91; 8-21-92; 6-24-94; 10-18-94; 10-14-95; 5-31-96; 2-15-999; 16.16.4.9 NMAC - Rn, 16 NMAC 16.4.9, 03-15-2001; A, 03-15-2004; A, 03-22-2008; A, 07-06-2012; A, 06-25-2015]

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

This is an amendment to 16.16.10 NMAC, Sections 7 and 12, effective 06-25-2015

 

16.16.10.7             DEFINITIONS: Expired license” means the license has not been renewed by the license expiration date in accordance with 16.16.11.8 NMAC, but is still under the statutory authority of the board for the period specified in 16.16.11.16 NMAC.  [Practice under an expired license is not allowed after the thirty-day grace period following the expiration date].

[10-14-95; 16.16.10.7 NMAC - Rn, 16 NMAC 16.10.7, 03-15-2001; A, 03-15-2004; A, 06-25-2015]

 

16.16.10.12          RENEWAL APPLICATION:

                A.            A completed license renewal application, verification of continuing education, a current CPR certification and applicable renewal fee must be received in the board office on or before July 1 of every year.  The CPR course shall show a current certification attesting to completion of a CPR course offered by the American red cross, the American heart association, or the American safety and health institute (ASHI).  The course cannot be a self-study.  CPR is not considered continuing education.

                B.            The board may audit any licensee’s continuing education documentation for the current licensing year and the two (2) previous years.

[10-14-95; 16.16.10.12 NMAC - Rn, 16 NMAC 16.10.12, 03-15-2001; A, 03-22-2008; A, 07-06-2012; A, 06-25-2015]

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

This is an amendment to 16.16.3 NMAC, Section 9, effective 06-25-2015.

 

16.16.3.9               APPLICATION REQUIREMENTS: In accordance with Section 61-2-8 NMSA 1978, and those qualifications set forth therein, candidates for examination must submit to the board office, at least sixty-five (65) days prior to the announced examination date, a letter of intent applying for the next regularly scheduled board examination accompanied by the required application processing fee.  In addition to a completed, board-approved application form, the following documents must be received by the board office no later than forty (40) days prior to the requested examination.

                A.            A copy of the applicant’s birth certificate certified to be a true and correct copy of the original.

                B.            Letters of reference from two currently licensed optometrists actively engaged in the practice of optometry, and not related to the applicant, written on their letterhead stationery.

                C.            Official pre-optometry transcript(s) sent directly to the board office by each college or university attended by the applicant.

                D.            A complete official optometry transcript showing the applicant's graduation sent directly to the board by a college of optometry as approved by the American optometric association's council of optometric education.

                                (1)           An applicant expecting to graduate in the spring or summer prior to the board's examination who does not expect completed transcripts to be available before the documentation deadline, must make arrangements for the school to send a letter directly to the board regarding the applicant's expected graduation.

                                (2)           The letter must be postmarked before the forty-day documentation deadline.

                                (3)           The completed, official transcript must be received by the board before the scheduled examination date or the application will be considered incomplete, and the applicant will be denied entrance into the examination.

                E.            A statement and copy of other state license(s) held by the applicant.

                F.            A recent, passport-type photograph of the applicant.  The applicant must sign the back of the photograph in the presence of the notary who is also witnessing the applicant's signature on the board-approved exam application form.

                G.            An affidavit from the applicant that the applicant has not engaged in any optometry practice of an illegal or unethical nature as defined in the New Mexico Optometry Act, NMSA 1978, Sections 61-2-1 to 61-21-18 (1995 Repl. Pamp.).

                H.            Copy of current certification attesting to completion of a CPR course offered by the American red cross, the American heart association, or the American safety and health institute (ASHI).  The course cannot be self-study.

                I.             A verification from an accredited optometry school of successful completion of one hundred (100) or more post-graduate clock hours of ocular therapeutics pharmacology, as provided in Subsection A of 16.16.7.10 NMAC, and a minimum of twenty (20) post-graduate clock hours in clinical pharmacology as provided in Subsection B of 16.16.7.11 NMAC.

                J.             Verification directly from the national board of examiners in optometry (NBEO) that the applicant has successfully passed part I, part II, part III, and the TMOD of the NBEO as provided in Subsection B of 16.16.3.8 NMAC.

                                (1)           If NBEO examination results will not be released by the NBEO prior to the documentation deadline, the applicant must submit to the board a copy of the NBEO letter scheduling the applicant for the NBEO exam(s).

                                (2)           Upon receipt of verification of successful completion of the required NBEO exam(s), and upon having met all other requirements stipulated in this regulation, the approved candidate will be scheduled for the next regularly scheduled board examination.

                K.            A list of the names of any New Mexico licensed optometrist(s) with whom the applicant is acquainted; with whom the applicant has a professional or personal affiliation; or that the applicant would feel uncomfortable being examined by, in the event that one of those optometrists is a board member or a clinical examiner for the board.  Failure to provide this information prior to the examination deadline may disqualify the candidate from the exam.

                L.            Each approved exam candidate will be required to bring his/her copy of the board’s exam policy and procedures document to the clinical exam and to sign it in the presence of the board’s representative in attestation that the candidate has read the document; and a copy of the document will become a part of the candidate’s examination records.

                [M.          Nationwide criminal history screening.  All applicants for initial licensure in New Mexico are subject to a state and national criminal history screening at their expense.  All applicants must submit two (2) full sets of fingerprints, completed fingerprint certificate form, signed authorization for criminal background screening and fee at the time of application.

                                (1)           Applications for licensure will not be processed without submission of fingerprints, completed fingerprint certificate form, signed authorization for criminal background screening and fee.

                                (2)           Applications will be processed pending the completion of the nationwide criminal background screening and may be granted while the screening is still pending.

                                (3)           If the criminal background screening reveals a felony or a violation of the Optometric Practice Act the applicant will be notified to submit copies of legal documents and other related information to the board which will make the determination if the applicant is eligible for licensure.]

[11-17-73; 3-8-86; 3-31-91; 8-21-92; 6-24-94; 9-30-95; 10-14-95; 5-31-96; 2-15-99; 16.16.3.9 NMAC - Rn, 16 NMAC 16.3.9, 03-15-2001; A, 03-15-2004; A, 03-22-2008; A, 07-06-2012; A, 06-25-2015]

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

16.2.19 NMAC, Expanded Practice Certifications, (filed 10-29-2009) repealed and replaced by 16.2.19 NMAC, Expanded Practice Certifications, effective 06-16-2015.

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

16.2.18 NMAC, Expanded Practice Educational Courses, (filed 1-9-2013) repealed and replaced by 16.2.18 NMAC, Educational Courses for Expanded Practice Certification, effective 06-16-2015.

 
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New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 2        ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS

PART 19               EXPANDED PRACTICE CERTIFICATIONS

 

16.2.19.1               ISSUING AGENCY:  New Mexico Board of Acupuncture and Oriental Medicine.

[16.2.19.1 NMAC – Rp, 16.2.19.1 NMAC, 6-16-2015]

 

16.2.19.2               SCOPE:  All doctors of oriental medicine who are certified for expanded practice or who are applicants for certification for expanded practice, as well as all educational programs and students enrolled in an educational program.

[16.2.19.2 NMAC – Rp, 16.2.19.2 NMAC, 6-16-2015]

 

16.2.19.3               STATUTORY AUTHORITY:  This part is promulgated pursuant to the Acupuncture and Oriental Medicine Practice Act, Section 61-14A-8.1.

[16.2.19.3 NMAC – Rp, 16.2.19.3 NMAC, 6-16-2015]

 

16.2.19.4               DURATION:  Permanent.

[16.2.19.4 NMAC – Rp, 16.2.19.4 NMAC, 6-16-2015]

 

16.2.19.5               EFFECTIVE DATE:  June 16, 2015, unless a later date is cited at the end of a section.

[16.2.19.5 NMAC – Rp, 16.2.19.5 NMAC, 6-16-2015]

 

16.2.19.6               OBJECTIVE:  This part lists the certification requirements for each of the following expanded practice categories: basic injection therapy, injection therapy, intravenous therapy and bioidentical hormone therapy.

[16.2.19.6 NMAC – Rp, 16.2.19.6 NMAC, 6-16-2015]

 

16.2.19.7               DEFINITIONS:

                A.            The definitions in this section are in addition to those in the act and 16.2.1.7 NMAC.

                B.            The following definition applies to the rules and the act: educational course is a comprehensive foundation of studies, approved by the board leading to demonstration of entry level competence in the specified knowledge and skills required for the four respective certifications in expanded practice; an educational course is not an educational program as this term is used in the act and the rules and as defined in 16.2.1 NMAC.

                C.            The following definitions are from 16.19.36 NMAC for clarification of regulations for doctors of oriental medicine, certified in expanded practice;

                                (1)           “Air changes per hour” (ACPH) means the number of times a volume of air equivalent to the room passes through the room each hour.

                                (2)           Ante-area” means an ISO Class 8 or better area where personnel hand hygiene and garbing procedures, staging of components, order entry, CSP labeling, and other high-particulate generating activities are performed.  It is also a transition area that:

                                                (a)           provides assurance that pressure relationships are constantly maintained so that air flows from clean to dirty areas; and

                                                (b)           reduces the need for the heating, ventilating, and air-conditioning (HVAC) control system to respond to large disturbances.

                                (3)           “Aseptic Technique” means proper manipulation of preparations to maintain sterility

                                (4)           "ASHP" American Society of Health-Systems Pharmacists.

                                (5)           Beyond-use date(BUD) means the date, or as appropriate, date and time, after which a compounded preparation is not to be used and is determined from the date and time the preparation is compounded.

                                (6)           “Biological safety cabinet” (BSC) means a ventilated cabinet that provides ISO Class 5 environment for CSP’s, provides personnel, preparation, and environmental protection having an open front with inward airflow for personnel protection, downward high-efficiency particulate air (HEPA)-filtered laminar airflow for preparation protection, and HEPA-filtered exhausted air for environmental protection.

                                (7)           “Buffer area” means an area where the primary engineering control (PEC) is physically located.  Activities that occur in this area include the staging of components and supplies used when compounding CSP’s.

                                (8)           “Certificationmeans independent third party documentation declaring that the specific requirements have been met.

                                (9)           Cleanroom” means a room in which the concentration of airborne particles is controlled to meet a specified airborne particulate cleanliness class.  Microorganisms in the environment are monitored so that a microbial level for air, surface, and personnel gear are not exceeded for a specified cleanliness class.

                                (10)         “Closed system vial-transfer device” means a vial-transfer system that allows no venting or exposure of substances to the environment.

                                (11)         Compounded sterile preparations”(CSP’s) include, but are not limited, to the following dosage forms which must be sterile when administered to patients:

                                                (a)           parenteral preparations;

                                                (b)           aqueous bronchial and nasal inhalations;

                                                (c)           injections (e.g. colloidal dispersions, emulsions, solutions, suspensions);

                                                (d)           irrigations for wounds and body cavities;

                                                (e)           ophthalmic drops and ointments; and

                                (12)         “Compounding aseptic isolator” (CAI) means an enclosed ISO Class 5 environments for compounding pharmaceutical ingredients or preparations.  It is designed to maintain an aseptic compounding environment within the isolator throughout the compounding and material transfer processes.  Air exchange into the isolator from the surrounding environment should not occur unless the air has first passed through a microbial retentive filter (HEPA minimum).

                                (13)         “Critical area” means an ISO Class 5 environment.

                                (14)         “Critical site” means a location that includes any component or fluid pathway surfaces (e.g., vial septa, injection ports, beakers) or openings (e.g., opened ampules, needle hubs) exposed and at risk of direct contact with air (e.g., ambient room or HEPA filtered), moisture (e.g., oral and mucosal secretions), or touch contamination. Risk of microbial particulate contamination of the critical site increases with the size of the openings and exposure time.

                                (15)         “Direct compounding area” (DCA) means a critical area within the ISO Class 5 primary engineering control (PEC) where critical sites are exposed to unidirectional HEPA-filtered air, also known as first air.

                                (16)         “Disinfectant” means an agent that frees from infection and destroys disease-causing pathogens or other harmful microorganisms, but may not kill bacterial and fungal spores.  It refers to substances applied to inanimate agents, usually a chemical agent, but sometimes a physical one.

                                (17)         “Home care” means health care provided in the patient’s home (not a hospital or skilled nursing facility) by either licensed health professionals or trained caregivers.  May include hospice care.

                                (18)         “Immediate use” means administration begins not later than one (1) hour following the start of the compounding procedure.  Use of Immediate use products is reserved to those events in which delay in preparation would subject the patient to additional risk due to delay in therapy and meeting USP/NF <797> (Immediate-Use CSP Provision) criteria.

                                (19)         “ISO 5” means air containing no more than one hundred (100) particles per cubic foot of air of a size at least 0.5 micron or larger in diameter (3520 particles per cubic meter).

                                (20)         “ISO 7” means air containing no more than ten thousand (10,000) particles per cubic foot of air of a size at least 0.5 micron or larger in diameter (352,000 particles per cubic meter).

                                (21)         “ISO 8” means air containing no more than one hundred thousand (100,000) particles per cubic foot of air of a size at least 0.5 micron or larger in diameter (3,520,000 particles per cubic meter).

                                (22)         “Laminar airflow” means a non-turbulent, non-mixing streamline flow of air in parallel layers.

                                (23)         “Laminar airflow workbench” (LAFW) means a ventilated cabinet for compounding of sterile preparations. Provides preparation protection with high-efficiency particulate air (HEPA) filtered laminar airflow, ISO Class 5. Airflow may be horizontal (back to front) or vertical (top to bottom) in direction.

                                (24)         “Media-fill test” means a test used to qualify aseptic technique of compounding personnel or processes and to ensure that the processes used are able to produce sterile preparation without microbial contamination. During this test, a microbiological growth medium such as soybean-casein digest medium is substituted for the actual drug product to simulate admixture compounding.  The issues to consider in the development of a media-fill test are media-fill procedures, media selection, fill volume, incubation, time, and temperature, inspection of filled units, documentation, interpretation of results, and possible corrective actions required.

                                (25)         “Multiple-dose containermeans a multiple-unit container for articles or preparations intended for parenteral administration only and usually containing antimicrobial preservatives.  Once opened or entered, a multiple dose container with antimicrobial preservative has a BUD of 28 days unless otherwise specified by the manufacturer.

                                (26)         “Negative pressure room” means a room that is at a lower pressure than the adjacent spaces and therefore, the net flow of air is into the room.

                                (27)         “Parenteral product” means any preparation administered by injection through one (1) or more layers of skin tissue.

                                (28)         “Personal protective equipment” (PPE) means items such as gloves, gowns, respirators, goggles, face shields, and others that protect individual workers from hazardous physical or chemical exposures.

                                (29)         “Plan of care” means an individualized care plan for each patient receiving parenteral products in a home setting to include the following:

                                                (a)           description of actual or potential drug therapy problems and their proposed solutions;

                                                (b)           a description of desired outcomes of drug therapy provided;

                                                (c)           a proposal for patient education and counseling; and

                                                (d)           a plan specifying proactive objective and subjective monitoring (e.g. vital signs, laboratory test, physical findings, patient response, toxicity, adverse reactions, and noncompliance) and the frequency with which monitoring is to occur.

                                (30)         “Positive pressure room” means a room that is at a higher pressure than the adjacent spaces and, therefore, the net airflow is out of the room.

                                (31)         “Preparation” means a CSP that is a sterile drug or nutrient compounded in a licensed pharmacy or other healthcare-related facility pursuant to the order of a licensed prescriber; the article may or may not contain sterile products.

                                (32)         “Product” means a commercially manufactured drug or nutrient that has been evaluated for safety and efficacy by the FDA. Products are accompanied by full prescribing information, which is commonly known as the FDA-approved manufacturer’s labeling or product package insert.

                                (33)         “Quality assurance” means a program for the systematic monitoring and evaluation of the various aspects of a service or facility to ensure that standards of quality are being met.

                                (34)         “Quality control” means a system for verifying and maintaining a desired level of quality in a preparations or process, as by planning, continued inspection, and corrective action as required.

                                (35)         “Single-dose container” means a single-dose, or a single-unit, container for articles or preparations intended for parenteral administration only. It is intended for a single use.  Examples of single-dose containers include prefilled syringes, cartridges, fusion-sealed containers, and closure-sealed containers when so labeled.

                                (36)         “Secondary engineering control” means the ante area and buffer area or cleanroom in which primary engineering controls are placed.

                                (37)         “Segregated compounding area” means a designated space, either a demarcated area or room, that is restricted to preparing low-risk level CSP’s with twelve (12)-hour or less BUD. Such area shall contain a device that provides unidirectional airflow of ISO Class 5 air quality for preparation of CSP’s and shall be void of activities and materials that are extraneous to sterile compounding.

                                (38)         “Standard operating procedure” (SOP) means a written protocol detailing the required standards for performance of tasks and operations within a facility.

                                (39)         “Sterile” means free from bacteria or other living microorganisms.

                                (40)         “Sterilization by filtration” means passage of a fluid or solution through a sterilizing grade membrane to produce a sterile effluent.

                                (41)         “Sterilizing grade membranes” means membranes that are documented to retain one hundred percent (100%) of a culture of 107 microorganisms of a strain of Brevundimonas (Pseudomonas) diminuta per square centimeter of membrane surface under a pressure of not less than 30 psi. Such filter membranes are nominally at 0.22 mm or 0.2 mm porosity, depending on the manufacturer’s practice.

                                (42)         “Unidirectional flow” means airflow moving in a single direction in a robust and uniform manner and at sufficient speed to reproducibly sweep particles away from the critical processing or testing area.

                                (43)         USP 797” United States Pharmacopeia Chapter <797> Pharmaceutical Compounding.

                                (44)         Sterile Preparations- This general Chapter provides procedures and requirements for compounding sterile preparations.  General Chapter<797> describes conditions and practices to prevent harm to patients that could result from microbial contamination, excessive bacterial endotoxins, variability in intended strength, unintended chemical and physical contaminants, and ingredients of inappropriate quality in compounded sterile preparations.

                                (45)         USP/NF standards” means United States pharmacopeia/national formulary.

[16.2.19.7 NMAC – Rp, 16.2.19.7 NMAC, 6-16-2015]

 

16.2.19.8               EXPANDED PRACTICE CERTIFICATION GENERAL PROVISIONS:  The four (4) categories of expanded practice certification authorized by 61-14A-8.1. NMSA 1978 and defined in 16.2.19 NMAC that include, basic injection therapy, injection therapy, intravenous therapy and bioidentical hormone therapy shall all include the following provisions:

                A.            a doctor of oriental medicine or enrolled in an educational course shall be authorized to perform the techniques and shall have the prescriptive authority, for the duration of the course, to administer and compound the substances that are authorized in the expanded practice formulary for which he is studying under the supervision of the board approved teacher for that educational course; under other circumstances the student shall not be authorized to obtain, prescribe or dispense such substances;

                B.            upon  receipt of a current copy of CPR/BLS card the board shall annually renew the expanded practice certifications of a doctor of oriental medicine in good standing if the licensee has completed all continuing education required by 16.2.9 NMAC;

                C.            all expanded practice and prescriptive authority certifications shall automatically terminate when licensure as a doctor of oriental medicine:

                                (1)           is placed on inactive status as specified in 16.2.15 NMAC;

                                (2)           expires as specified in 16.2.8 NMAC; or

                                (3)           is suspended, revoked or terminated for any reason as defined in 16.2.12 NMAC;

                D.            Proof of completion of an ASHP course relative to USP 797 is required for the first time renewal of basic injection therapy.

                E.            an expanded practice certification that is revoked or terminated shall not be reinstated; the doctor of oriental medicine must reapply for expanded practice certification as a new applicant;

                F.            all expanded practice certifications that were automatically terminated due to inactive status, expiration or suspension as specified in Subsection E of 16.2.19.8 NMAC, shall be automatically reinstated when licensure as a doctor of oriental medicine is reinstated, provided that:

                                (1)           all fees required by 16.2.10 NMAC have been paid;

                                (2)           all continuing education requirements specified in 16.2.9 NMAC have been completed; and

                                (3)           all other relevant, reinstatement provisions, required by board rule, have been completed;

                G.            each year the board may review the expanded practice formularies for necessary amendments; when new substances are added to a formulary, appropriate education in the use of the new substances shall be approved and required by the board and the board of pharmacy for doctors of oriental medicine applying for new certification or as continuing education for renewal of the applicable expanded practice certification or certifications;

                H.            a doctor of oriental medicine certified for a category of expanded practice under 16.2.19 NMAC that authorizes the use of testosterone, a controlled substance, and any other drug that is classified as a controlled substance, shall register with the federal DEA (drug enforcement agency) prior to obtaining, prescribing, administering, compounding or dispensing the controlled substance;

                I.             a doctor of oriental medicine certified for expanded practice, when prescribing, shall use prescription pads printed with his or her name, address, telephone number, license number and his or her specific expanded practice certifications; if a doctor of oriental medicine is using a prescription pad printed with the names of more than one (1) doctor of oriental medicine, the above information for each doctor of oriental medicine shall be on the pad and the pad shall have a separate signature line for each doctor of oriental medicine; each specific prescription shall indicate the name of the doctor of oriental medicine for that prescription and shall be signed by the prescribing doctor of oriental medicine;

                J.             a doctor of oriental medicine certified for expanded practice shall always, when diagnosing and treating a patient, use the skill and care ordinarily used by reasonably well-qualified doctors of oriental medicine similarly certified and practicing under similar circumstances, giving due consideration to the locality involved; failure to comply with this fundamental requirement may result in denial, suspension or revocation of licensure or certification, or other disciplinary measures, pursuant to the provisions of the act, NMSA 1978, Section 61-14A-17, and the Uniform Licensing Act, NMSA 1978, Section 61-1-1, et seq.;

                K.            when a doctor of oriental medicine is certified for injection therapy, this certification automatically supersedes his certification for basic injection therapy; and

                L.            the provisions for certification transition from extended prescriptive authority (Rx1) and expanded prescriptive authority (Rx2) to the expanded practice categories specified in 16.2.19 NMAC.

[16.2.19.8 NMAC – Rp, 16.2.19.8 NMAC, 6-16-2015]

 

16.2.19.9               EXPANDED PRACTICE CERTIFICATION BOARD REQUIREMENTS:

                A.            The board shall have final authority for certification of all applicants.

                B.            The board shall notify the applicant in writing by mail postmarked no more than thirty (30) days after the receipt of the initial application as to whether the application is complete or incomplete and missing specified application documentation.

                C.            The board shall notify the applicant in writing by mail postmarked no more than thirty (30) days after the notice of receipt of the complete application sent out by the board, whether the application is approved or denied.

                D.            If the application is denied, the notice of denial shall state the reason the application was denied.

                E.            In the interim between regular board meetings the board’s chairman or an authorized designee of the board shall approve an expanded practice certification to a qualified applicant who has filed, with the board, a complete application and complied with all requirements for expanded practice certification.  The temporary expanded practice certification will be ratified by the board on the date of the next regular board meeting.  Final expanded practice certification shall only be granted by the board.

                F.            the board shall maintain a list of each doctor of oriental medicine who is certified for each expanded practice category and shall notify the New Mexico board of pharmacy of all such certified licensees;

                G.            The board shall have the authority to deny, suspend, revoke or otherwise discipline an expanded practice certification, in accordance with the Uniform Licensing Act, 61-1-1 to 61-1-31 NMSA 1978, for reasons authorized in the act and clarified in 16.2.12 NMAC.

[16.2.19.9 NMAC – Rp, 16.2.19.9 NMAC, 6-16-2015]

 

16.2.19.10             EXPANDED PRACTICE SCOPE OF PRACTICE: (from 16.2.2.10 NMAC):

                A.            In addition to the scope of practice outlined in section 16.2.2 NMAC for a doctor of oriental medicine in New Mexico, the scope of practice for those certified in expanded practice shall include certification in any or all of the following modules: (61-14A-8.1BNMSA1978) basic injection therapy, injection therapy, intravenous therapy and bio-identical hormone therapy as specified in 16.2.19 NMAC.

                B.            The scope of practice for those doctors of oriental medicine certified in expanded practice shall also include the expanded practice and prescriptive authority defined in 61-14A-8.1C NMSA1978.

[16.2.19.10 NMAC – Rp, 16.2.19.10 NMAC, 6-16-2015]

 

16.2.19.11             BASIC INJECTION THERAPY CERTIFICATION:  The board shall issue, to a doctor of oriental medicine, certification for basic injection therapy upon completion of the course prerequisites including 30 hours of Pharmacology as specified in 16.2.18.9 and the following requirements.

                A.            The doctor of oriental medicine shall be a doctor of oriental medicine in good standing.

                B.            The doctor of oriental medicine shall submit to the board the completed application form provided by the board.

                C.            The doctor of oriental medicine shall pay the application fee for expanded practice certification specified in 16.2.10 NMAC.

                D.            The doctor of oriental medicine shall submit, with the application, proof of successful completion of the basic injection therapy educational course specified in 16.2.18 NMAC.

[16.2.19.11 NMAC – Rp, 16.2.19.11 NMAC, 6-16-2015]

 

16.2.19.12             INJECTION THERAPY CERTIFICATION:  The board shall issue to a doctor of oriental medicine, certification for injection therapy, upon completion of the following requirements.

                A.            The doctor of oriental medicine shall be a doctor of oriental medicine in good standing.

                B.            The doctor of oriental medicine shall submit to the board the completed application form provided by the board.

                C.            The doctor of oriental medicine shall pay the application fee for expanded practice certification specified in 16.2.10 NMAC.

                D.            The doctor of oriental medicine shall submit, with the application, proof of:

                                (1)           current certification by the board for basic injection therapy; or

                                (2)           any course combining basic injection therapy and injection therapy, as they are specified in the board’s rules, or otherwise in accordance with law, must be completed within two (2) years of the start of the course.

                E.            The doctor of oriental medicine shall submit, with the application, proof of successful completion of the injection therapy educational course approved by the board.

[16.2.19.12 NMAC – Rp, 16.2.19.12 NMAC, 6-16-2015]

 

16.2.19.13             INTRAVENOUS THERAPY CERTIFICATION:  The board shall issue to a doctor of oriental medicine, certification for intravenous therapy, upon completion of the course prerequisites including board certification in basic injection therapy, and three (3) hours of college level biochemistry, and the following requirements.

                A.            The doctor of oriental medicine shall be a doctor of oriental medicine in good standing.

                B.            The doctor of oriental medicine shall submit to the board the completed application form provided by the board.

                C.            The doctor of oriental medicine shall pay the application fee for expanded practice certification specified in 16.2.10 NMAC.

                D.            The doctor of oriental medicine shall submit, with the application, proof of successful completion of an intravenous therapy educational course approved by the board.

[16.2.19.13 NMAC – Rp, 16.2.19.13 NMAC, 6-16-2015]

 

16.2.19.14             INTRAVENOUS THERAPY EXPANDED PRACTICE CERTIFICATION: The board shall only issue certification to applicants after successful completion of the Intravenous Therapy Expanded Practice Course, and successful completion and documentation of a practicum to include three hundred (300) hours under the supervision of a board approved physician and one hundred fifty (150) individual patients to be completed within two (2) years of completion of the coursework.

[16.2.19.14 NMAC – N, 6-16-2015]

 

16.2.19.15             BIOIDENTICAL HORMONE THERAPY CERTIFICATION:  The board shall issue to a doctor of oriental medicine, certification for bioidentical hormone therapy, upon completion of the following requirements:

                A.            the doctor of oriental medicine shall be a doctor of oriental medicine in good standing;

                B.            the doctor of oriental medicine shall submit to the board the completed application form provided by the board;

                C.            the doctor of oriental medicine shall pay the application fee for expanded practice certification specified in 16.2.10 NMAC; and

                D.            the doctor of oriental medicine shall submit, with the application, proof of successful completion of the bioidentical hormone therapy educational course approved by the board.

[16.2.19.15 NMAC – Rp, 16.2.19.14 NMAC, 6-16-2015]

 

16.2.19.16             EXPANDED PRACTICE CERTIFICATION RENEWAL:    If a doctor of oriental medicine certified for expanded prescriptive authority does not complete all expanded prescriptive authority continuing education requirements specified in 16.2.9.9 NMAC before the end of the sixty (60) day grace period, the expanded prescriptive authority certification is expired and that licensee shall not be certified for expanded prescriptive authority until the continuing education is completed.  Provided that all other renewal requirements have been received by the board, such a licensee shall continue to be licensed as a doctor of oriental medicine and is authorized for that scope of practice but shall not be authorized for the relevant expanded prescriptive authority scope of practice.  For an expired expanded prescriptive authority certification, if a properly completed application for certification renewal, including proof of completion of the required expanded prescriptive authority continuing education, is received at the board office within one (1) year of the last regular renewal date, the expanded prescriptive authority certification shall be renewed if all the requirements of late certification renewal during the sixty (60) day grace period provided by Section 61-14A-15 NMSA 1978 are completed, in addition to the requirements of 16.2.8.11 NMAC, and the licensee also pays the fee for expired certification renewal specified in 16.2.10 NMAC.  The licensee must notify the board of the correct current mailing address and of any address changes within ten (10) days of the change.  A doctor of oriental medicine who fails to renew an expired license by the next July 31 annual license renewal date or who fails to complete any required continuing education specific to his prescriptive authority certification shall be required to reapply as a new applicant for expanded practice, certification the expired license number of any doctor of oriental medicine certified in expanded practice who fails to renew in a timely manner in accordance with board rules.  The Board will promptly report to the board of Pharmacy when the expired license is renewed or reinstated.

[16.2.19.16 NMAC – Rp, 16.2.19.15 NMAC, 6-16-2015]

 

16.2.19.17             TRANSITION PROVISIONS:

                A.            A doctor of oriental medicine, previously certified for extended prescriptive authority including prolotherapy, (Rx1) as of the effective date of this section, shall be automatically certified for basic injection therapy and prolotherapy using previously taught and appropriate injection routes and only substances listed in Paragraph (1) of Subsection F of 16.2.20.8 NMAC under the provisions of 16.2.19.10 NMAC.

                B.            A doctor of oriental medicine, previously certified for the expanded prescriptive authority (Rx2) as of the effective date of this section, shall be automatically certified for:

                                (1)           injection therapy under the provisions of 16.2.19.11 NMAC basic injection therapy certification is automatically superseded by injection therapy certification;

                                (2)           intravenous therapy under the provisions of 16.2.19.12 NMAC; and

                                (3)           bioidentical hormone therapy under the provisions of 16.2.19.13 NMAC.

[16.2.19.17 NMAC – Rp, 16.2.19.16 NMAC, 6-16-2015]

 

16.2.19.18             LICENSE DESIGNATION:  The designation for expanded practice shall follow the license number on the license and shall reflect the respective modules of certification: Rx basic injection, Rx injection, Rx intravenous, Rx hormones.

[16.2.19.18 NMAC – Rp, 16.2.19.17 NMAC, 6-16-2015]

 

16.2.19.19             ULTRASOUND CREDENTIALING:  A licensed doctor of oriental medicine may utilize musculoskeletal diagnostic ultrasound and ultrasound guidance of procedures with the RMSK credential from ARDMS, the American registry of diagnostic medical sonography.  A licensed doctor of oriental medicine (DOM) who wishes to practice diagnostic musculoskeletal ultrasound and ultrasound guidance of procedures shall register with the board of acupuncture and oriental medicine (BAOM) to be provisionally credentialed to practice diagnostic musculoskeletal ultrasound and ultrasound guided procedures upon completion of a minimum of thirty (30) hours in BAOM approved courses. Within thirty six (36) months of provisional credentialing, the doctor of oriental medicine shall submit to the BAOM proof of scheduling for RMSK testing with ARDMS. If the provisional credentialing period is continued to thirty six (36) months without ARDMS RMSK credentialing, the provisionally credentialed DOM shall submit proof of thirty (30) hours of continuing education in courses approved by the BAOM.  Provisional credentialing shall lapse within forty eight (48) months of initial provisional credentialing. Ultrasound credentialing does not require certification in expanded practice.

[16.2.19.19 NMAC – Rp, 16.2.19.18 NMAC, 6-16-2015]

 

History of repealed material.

16.2.19 NMAC, Expanded Practice Certifications, filed 10-29-2009, repealed 6-16-2015

 
Return to NMAC homepage
 

New Mexico Register / Volume XXVI, Issue 11 / June 16, 2015

 

 

TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 2        ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS

PART 18               EDUCATIONAL COURSES FOR EXPANDED PRACTICE CERTIFICATION

 

16.2.18.1               ISSUING AGENCY:  New Mexico Board of Acupuncture and Oriental Medicine.

[16.2.18.1 NMAC - Rp, 16.2.18.1 NMAC, 06-16-2015]

 

16.2.18.2               SCOPE:  All doctors of oriental medicine who are certified for expanded practice or who are applicants for certification for expanded practice, as well as all educational courses and applicants for approval of educational courses.

[16.2.18.2 NMAC - Rp, 16.2.18.2 NMAC, 06-16-2015]

 

16.2.18.3               STATUTORY AUTHORITY:  This part is promulgated pursuant to the Acupuncture and Oriental Medicine Practice Act, Section 61-14A-8.1.

[16.2.18.3 NMAC - Rp, 16.2.18.3 NMAC, 06-16-2015]

 

16.2.18.4               DURATION:  Permanent.

[16.2.18.4 NMAC - Rp, 16.2.18.4 NMAC, 06-16-2015]

 

16.2.18.5               EFFECTIVE DATE:  June 16, 2015, unless a later date is cited at the end of a section.

[16.2.18.5 NMAC - Rp, 16.2.18.5 NMAC, 06-16-2015]

 

16.2.18.6               OBJECTIVE:  Part 18 lists the prerequisites, educational course approval requirements, class hours, curriculum knowledge and skills for certification in each of the four (4) following expanded practice categories: basic injection therapy, injection therapy, intravenous therapy and bioidentical hormone therapy.

[16.2.18.6 NMAC - Rp, 16.2.18.6 NMAC, 06-16-2015]

 

16.2.18.7               DEFINITIONS: Refer to definitions in 16.2.1.7 NMAC.

[16.2.18.7 NMAC - N, 06-16-2015]

 

16.2.18.8               GENERAL REQUIREMENTS FOR EDUCATIONAL COURSE APPROVAL:  The board shall approve an educational course for a specific category of expanded practice upon completion of the following general requirements and the specific requirements listed for the specific category of expanded practice educational course approval.  All courses shall adhere to ICE credentialing standards.  All references to application in this section refer to the educational course application.

                A.            The educational course shall provide at least the minimum number of hours of education in the areas listed for the specific category of educational course hours.  One (1) hour of education shall be equal to that defined by the accreditation commission for acupuncture and oriental medicine (ACAOM).  The education shall be in addition to the education required to meet the minimum educational program requirements for licensure as a doctor of oriental medicine.

                B.            The educational course application shall include a description of the education being provided as required by the educational course general curriculum defined in 16.2.18.11 NMAC and the educational course curriculum defined for the specific category of expanded practice for which the educational course is applying for approval.

                C.            The educational course application shall include the curriculum vitae for all teachers, and proposed substitute teachers all classes shall be taught by qualified teachers approved by the board, provided the following conditions are met:

                                (1)           the education in the pharmacology of the authorized substances shall be taught by a licensed pharmacist, Pharm D or a Ph.D. in pharmacology; and

                                (2)           the education in the clinical therapeutic use of the authorized substances shall be taught by a licensed health care practitioner with appropriate training and a minimum of five (5) years experience using the authorized substances.

                D.            The educational course application shall include documentation that all required clinical practice hours shall have a teacher to student ratio of at least one (1) teacher to no more than eight (8) students.

                E.            The educational course application shall include examples of the test questions that students enrolled in the course are required to successfully pass in order to ensure competence in all required areas.  Testing methodology shall be approved by the board and testing shall be administered, subject to approval by a credentialed PhD psychometrician, as described in the ICE credentialing standards and as approved by the board.  The educational course shall send all student test scores and evaluation scores directly to the board.

                F.            The educational course application shall include an example of the certificate that shall be given for successful completion of the educational course.

                G.            Each educational course shall be completed within two (2) years of commencement of that course.

                H.            A student who is allergic or hypersensitive to an authorized substance may be excused from participating in clinical practice when such an authorized substance is being used.

                I.             A board member or an agent of the board has the authority to observe, audit and evaluate educational courses at any time after an application has been filed.  A course audit or evaluation may result in denial, suspension or revocation of the course’s approval by the board in accordance with law.

                J.             The educational course provider shall specify whether the organization offering the educational course is a sole proprietorship, partnership, LLC, corporation or non-profit corporation and shall provide proof of such legal business status.

                K.            An educational course shall submit a new application on the form approved by the board, pay the appropriate fee defined in 16.2.10 NMAC and comply with all other new application requirements if any of the following changes:

                                (1)           ownership;

                                (2)           faculty; and

                                (3)           curriculum.

                L.            An educational course shall inform the board in writing, provided that the educational course certifies that all factors defined in Subsection J of 16.2.18.8 NMAC remain unchanged, if any of the following changes:

                                (1)           name;

                                (2)           address; and

                                (3)           phone number.

[16.2.18.8 NMAC - Rp, 16.2.18.7 NMAC, 06-16-2015]

 

16.2.18.9               EDUCATIONAL COURSE APPROVAL BOARD REQUIREMENTS:

                A.            The board shall have final authority for approval of all educational courses including classes and teachers.

                B.            The board shall notify the applicant in writing by mail postmarked no more than seventy five (75) days after the receipt of the initial application as to whether the application is complete or if not complete, what documentation is needed to complete the application.

                C.            If the requested information is not received at the board office within seventy five (75) days after notification the board shall notify the applicant in writing by mail that the application has expired.

                D.            Teaching must commence for an approved course within six (6) months of approval.

                E.            In the interim between regular board meetings the expanded practice Rx committee or an authorized representative of the board shall issue an interim temporary educational course approval to a qualified applicant who has filed, with the board, a complete application and complied with all requirements for educational course approval.  The interim temporary educational course approval shall automatically expire on the date of the next regular board meeting and final educational course approval shall only be granted by the board.  If the application is denied, the notice of denial shall state the reason the application was denied.

                F.            If the application is expired or is denied, the applicant will have to reapply as a new applicant.

[16.2.18.9 NMAC - Rp, 16.2.18.8 NMAC, 06-16-2015]

 

16.2.18.10             EDUCATIONAL COURSE PREREQUISITES:

                A.            An applicant for an educational course in expanded practice leading to certification must be a NM licensed doctor of oriental medicine in good standing.

                B.            The basic injection course is a prerequisite to injection therapy certification and intravenous therapy certification.

                C.            Prior to enrolling in any expanded practice educational course, the applicant shall submit proof of completion of at least three (3) college or university credit hours (30-45) contact hours in a course in pharmacology from an accredited institution.  A board approved on-line course is acceptable or the applicant may sit for a pharmacology final exam at an accredited institution to satisfy this requirement.

                D.            If applying for basic injection therapy, injection therapy or intravenous therapy, the applicant shall submit proof of completion of a four (4) hour American heart association approved CPR or basic life support (BLS) course; a current card that shall remain current until the next July 31 annual renewal cycle will serve as proof.

[16.2.18.10 NMAC - Rp, 16.2.18.9 NMAC, 06-16-2015]

 

16.2.18.11             EDUCATIONAL COURSE GENERAL CURRICULUM: Each educational course shall provide the doctor of oriental medicine, who successfully completes the course, with the following entry level general knowledge and skills, as well as the specific knowledge and skills, at the current professional standard of care within the context of an integrative healthcare system, defined for each specific category of expanded practice education.

                A.            Expanded practice and prescriptive authority and oriental medicine: knowledge of how the principles of the developmental system of oriental medicine such as yin, yang, qi and xue apply to the expanded practice certifications.

                B.            Biomedical knowledge: anatomy, physiology, pathology, endocrinology, biochemistry, pharmacology and diagnostic options sufficient to provide a foundation required for the specific category of expanded practice.

                C.            Pharmacology knowledge:

                                (1)           of the biochemistry, pharmacology, clinical application, safety and handling, side effects, interactions, contraindications, safeguards and emergency procedures for all authorized substances in the formulary defined for the relevant specific category of expanded practice;

                                (2)           of how to make a differential diagnosis relative to the prescription or administration of authorized substances in the formulary defined for the relevant specific category of expanded practice;

                                (3)           of the potency and appropriate dosage of single and combined authorized substances in the formulary defined for the relevant specific category of expanded practice;

                                (4)           and skill in utilizing appropriate clinic based aseptic technique; and

                                (5)           of the compounding requirements of the USP797 with regard to the authorized substances in the formulary defined for the relevant specific category of expanded practice.

                D.            Referral:

                                (1)           knowledge and understanding of the limits of their training, and skill and when it is appropriate to refer; and

                                (2)           knowledge of the options available regarding referral including an understanding of the potential benefit or contraindications of all categories of expanded practice.

                E.            Emergency care (previous CPR/BLS certification):

                                (1)           knowledge of how to recognize a medical emergency situation arising in the clinic and what emergency outcomes may arise relative to performing the authorized diagnostic and therapeutic procedures and the prescription or administration of the specifically authorized substances, what procedures and substances are best for managing each emergency situation and whom to contact for emergency support and care;

                                (2)           skill in providing first aid and basic life support until the medical emergency team arrives;

                                (3)           appropriate initial screening for potential allergic or adverse reactions;

                                (4)           skill in identifying and responding to adverse or allergic reactions or mild to severe; vasovagal reactions with knowledge of appropriate support measures depending on the type of reaction:

                                                (a)           patient reassurance;

                                                (b)           patient positioning;

                                                (c)           oral OTC diphenhydramine (benadryl) if appropriate;

                                                (d)           inhaled oxygen;

                                                (e)           inhaled OTC epinephrine (primatine mist) or IM injected epinephrine if appropriate; and

                                                (f)            emergency ambulance transport;

                                (5)           the immediate and longer term indications of inadvertent pneumothorax and the appropriate procedure for patient care and guidance in such situations.

                F.            Record keeping, storage and dispensing of dangerous drugs and controlled substances and knowledge of:

                                (1)           the proper storage requirements in the clinic for the drugs, dangerous drugs and controlled substances in the specifically authorized formulary;

                                (2)           how to keep accurate records of all authorized drugs, dangerous drugs and controlled substances obtained, stored, compounded, administered or dispensed; and

                                (3)           skill in handling and using appropriate clean or aseptic technique for all drugs, dangerous drugs and controlled substances in the specifically authorized formulary.

                G.            Pharmaceutical law knowledge of:

                                (1)           the appropriate areas of New Mexico pharmaceutical law;

                                (2)           USP-797 that relates to compounding of the authorized substances in the formulary defined for the relevant specific category of expanded practice; and

                                (3)           drugs, dangerous drugs, and controlled substances and what dangerous drugs or controlled substances are or are not authorized under the provisions of the specific category or categories of expanded practice for which he is certified.

                H.            Scope of