TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 60     PUBLIC ACCOUNTANTS

PART 1                 GENERAL PROVISIONS

 

16.60.1.1               ISSUING AGENCY:  State of New Mexico Public Accountancy Board.

[16.60.1.1 NMAC - Rp 16 NMAC 60.1.1, 02-14-2002]

 

16.60.1.2               SCOPE:  General public, all individuals certified/licensed as a certified public accountant (CPA) or registered public accountant (RPA), individuals seeking to be a CPA and all CPA/RPA business entities registered as a firm or seeking registration as a CPA/RPA firm with the board.

[16.60.1.2 NMAC - Rp 16 NMAC 60.1.2, 02-14-2002]

 

16.60.1.3               STATUTORY AUTHORITY:  Public Accountancy Act, Sections 61-28B-1 to 61-28B-29 NMSA 1978.

[16.60.1.3 NMAC - Rp 16 NMAC 60.1.3, 02-14-2002]

 

16.60.1.4               DURATION:  Permanent.

[16.60.1.4 NMAC - Rp 16 NMAC 60.1.4, 02-14-2002]

 

16.60.1.5               EFFECTIVE DATE:  February 14, 2002, unless a later date is cited at the end of a section.

[16.60.1.5 NMAC - Rp 16 NMAC 60.1.5, 02-14-2002]

 

16.60.1.6               OBJECTIVE:  The objective of Chapter 16, Part 1 is to establish the general provisions for the rules filed in this chapter; provide definitions of terms for rules filed in this chapter; delineate the headquarters location of the board and board operations; and prescribe board fees for public accountancy board certification, licensing and firm registration actions, and board services.

[16.60.1.6 NMAC - Rp 16 NMAC 60.1.6, 02-14-2002]

 

16.60.1.7               DEFINITIONS:

                A.            “Acceptance letter” means a document issued by the administering entity indicating the type of report (unmodified, modified, or adverse) when all review documents and, if applicable, all remedial/corrective actions have been completed and accepted by the peer review committee.

                B.            “Act” means the New Mexico 1999 Public Accountancy Act, Sections 61-28B-1 to 61-28B-29 NMSA1978.

                C.            “Administering entity” means an entity (any form of organization allowed by state law or professional organization or association of CPA’s) that has met, and at all relevant times continues to meet, the standards specified by the board for administering the review.  The board shall periodically publish a list of administering entities that have applied for and received approval.

                D.            “Agreed upon procedures” are those which are to be performed in accordance with applicable attestation standards.  They are also those in which a license is engaged to issue a written finding that is based on specific procedures that the specified parties agreed are sufficient for their purpose, is restricted to the specified parties, and does not provide an opinion or negative assurance.

                E.            “Audit” means the procedures performed in accordance with applicable auditing standards for the purpose of expressing or disclaiming an opinion on the fairness with which the historical financial information is presented in conformity with generally accepted accounting principles, another comprehensive basis of accounting, or a basis of accounting described in the report.

F.            “Client” means the person or entity who retains a licensee for the performance of professional services.

                G.            “Enterprise” means any person or entity who retains a licensee for the performance of professional services.

                H.            “Financial statements” means statements and footnotes related thereto that purport to show an actual or anticipated financial position or results of operations, cash flow, or changes in financial position based on generally accepted accounting principles or another comprehensive basis of accounting.  The term includes specific elements, accounts, or items of such statements, but it does not include incidental financial data included in management advisory service reports which support recommendations made to clients.  In addition, it does not include tax returns and supporting schedules.

                I.             “He, his, him” means masculine pronouns when used herein also include the feminine and the neuter.

                J.             “Holding out to the public as a permit holder or registered firm” means the phrase “holding himself out to the public as a permit holder or registered firm” as used in the definition of “practice of public accountancy” in Section 3G of the act, and in these rules it means any representation of the fact that a certificate holder holds a permit or is a registered firm in connection with the performance of, or an offer to perform, services for the public.  Any such representation is presumed to invite the public to rely upon the professional skills implied by the certificate, registration, or permit in connection with the professional services offered to be performed.  For the purpose of this rule, a representation shall be deemed to include any oral or written communication conveying the fact that the person holds a certificate, permit or firm registration, including without limitation the use of titles or legends on letterheads, business cards, office doors, advertisements, internet, email, or other electronic media.

                K.            “Manager” has, when used in these rules, the same meaning as the term “manager” in a limited liability company.

                L.            “Member” has, when used in these rules, the same meaning as the term “member” in a limited liability company.

                M.           “Peer review” means a program to monitor compliance with applicable accounting and auditing standards adopted by generally recognized standard setting bodies.

                N.            "Peer review committee” means a committee comprised exclusively of CPAs practicing public accountancy and formed by an administering entity for the purpose of accepting peer review reports submitted by firms on peer review engagements.

                O.            “Professional engagement” means a written or oral agreement between a client and a licensee relative to the performance of professional services and the services performed under this agreement.  Oral agreements may only be used when allowed by professional standards.

                P.            “Professional services” means any service performed or offered to be performed by a licensee for a client in the course of the practice of public accountancy.

                Q.            “Public communication” means a communication made in identical form to multiple persons or to the world at large, including but not limited to television, radio, motion pictures, newspaper, pamphlet, mass mailing, letterhead, business card, the internet, email or directory.

                R.            “Quality review” means an interchangeable term for peer review.

                S.             “Report” as defined in Section 61-28B3Nof the act and in these rules includes forms of language which refers to financial statements, when such forms of language express or deny any assurance as to the reliability of the financial statements to which they refer. Among the possible sources of such forms of language are pronouncements by authoritative bodies describing the work that should be performed and the responsibilities that should be assumed for specified kinds of professional engagements.  In addition, these pronouncements prescribe the form of report that should be issued upon completion of such engagements.  A form of report prescribed by such a pronouncement will ordinarily constitute a form of language which is conventionally understood as implying assurance and expertise.  For this reason, as provided in Section 17B of the act, the term “report” includes the issuance of reports using the forms of language set out in the American institute of certified public accountants (AICPA) statement on standards for accounting and review services (SSARS) No. 1 as amended, modified, or superseded from time to time, for reports with respect to both “reviews” of financial statements, and also compilations of financial statements, as well as the forms of language for “special reports” set out in the AICPA’s statement on auditing standards (SAS) No. 14, No. 35 and No. 62 as amended, modified, or superceded from time to time.  These statements on standards are incorporated in the AICPA professional standards: code of professional conduct.

                T.            “Services involving accounting or auditing skills” means “services involving accounting or auditing skills” as used in the definition of “practice of public accountancy” in Sections 3K and L of the act.  It includes the provision of advice or recommendations in connection with the sale or offer for sale of products, when the advice or recommendations require or imply the possession of accounting or auditing skills or expert knowledge in auditing or accounting.

                U.            “Statement of compliance” means a certified statement from the human services department (HSD) stating that an applicant or licensee is in compliance with a judgment and order for support.

                V.            “Statement of non-compliance” means a certified statement from HSD stating that an applicant or licensee is not in compliance with a judgment and order for support.

[16.60.1.7 NMAC - Rp 16 NMAC 60.1.7 and 16 NMAC 60.11.7, 02-14-2002; A, 11-30-2007; A, 4-15-2008; A, 06-30-2008; A, 01-17-2013]

 

16.60.1.8               HEADQUARTERS OF THE BOARD:  The headquarters, administrative offices, and staff of the board shall be physically located at 5200 Oakland NE, Suite D, Albuquerque, New Mexico, 87113 or a subsequent location subject to the board's approval and ratification.

[16.60.1.8 NMAC - Rp 16 NMAC 60.1-8, 02-14-2002; A, 12-30-2004]

 

16.60.1.9               BOARD OPERATION:

                A.            The board shall meet at least 6 times each year.  The chair or a quorum of the board shall have the authority to call meetings of the board.  The board shall follow and apply the rules of procedure of the State of New Mexico Open Meetings Act, Sections 10-15-1 to 10-15-4, as regards notice and conduct of meetings.

                B.            The board shall elect annually from among its members a chair, vice-chair, secretary/treasurer and such other officers as the board may require.  The officers shall assume the duties of their respective offices at the conclusion of the meeting at which they were elected.  Board officers shall serve a term of 1 year but shall be eligible for reelection.

                C.            The chair or, in the event of the chair’s absence or inability to act, the vice-chair shall preside at all meetings of the board.  The board shall determine duties of other officers.

[16.60.1.9 NMAC - Rp 16 NMAC 60.1.9, 02-14-2002]

 

16.60.1.10             FEES AND OBLIGATIONS:  Fees charged by the board shall be as follows.

                A.            Fees set by the board for CPA examination applicants shall not unreasonably exceed the amount required for the board to operate CPA examination administration on a break even basis, but in no case shall the fee be less than the state’s cost of procuring and administering the exam.

                B.            Initial examination qualification review under Section 27F of the act shall be $75.

                C.            Delinquency fee for incomplete or delinquent continuing education reports, certificate/license or firm permit renewals under Section 27D of the act shall be $50.

                D.            Certificate application under Section 27B of the act shall be:  initial certificate, $175; certificate renewal, $130.

                E.            No annual renewal fee shall be assessed for an individual who holds an inactive certificate and who has reached the age of 70.

                F.            Firm permit application or renewal fee under Section 27C of the act shall be $75 for each firm, regardless of form of entity.

                G.            Firm permit renewal delinquency fee under Section 27C of the act shall be $50 and includes all practitioners whose renewal applications are delinquent.

                H.            Certificate/license reinstatement fee under Section 27G of the act shall be $175 plus the current year’s renewal fee.  No delinquency fee shall be assessed.

                I.             No fee shall be charged for firm permit reinstatement, and no delinquency fee shall be assessed; only the current year’s renewal fee shall be assessed.

                J.             Continuing professional education waiver and reentry into active certificate status and to comply with continuing professional education under Sections 27H and 27I of the act shall not exceed $75 each occurrence.

                K.            Administrative fees for services under Section 27F shall be:

                                (1)           list of certificate or permit holders, $250;

                                (2)           duplicate or replacement certificate card or permit card, $10 each;

                                (3)           duplicate or replacement wall certificate, $25 each;

                                (4)           board evaluation of coursework for continuing professional education credit, $50 per hour of board staff research and study;

                                (5)           certificate application package for reciprocity, $20 each;

                                (6)           grade transfer candidates, $75 each;

                                (7)           replacement packages for by-examination candidates, $75 each;

                                (8)           copies of combined Accountancy Act and board rules, $10 each;

                                (9)           copies of records and documents, $.25 per page; and

                                (10)         the board may, at its discretion, charge for other administrative costs as it deems appropriate.

                L.            Fee for the transfer of licensure or examination information to a third party under Section 27E of the act shall be $75.

                M.           Fee for criminal history background check under Section 8.1 of the act shall be the amount established by the department of public safety for the processing of criminal history background checks.

                N.            The board may waive charges as it deems appropriate.

                O.            All fees are non-refundable.

[16.60.1.10 NMAC - Rp 16 NMAC 60.2.8, 02-14-2002; A, 01-15-2004; A, 04-29-2005; A, 11-30-2007; A, 06-30-2008; A, 05-29-2009; A, 11-13-2009; A, 9-15-2010; A, 01-17-2013; A, 12-01-2014]

 

16.60.1.11             PRESCRIBED FORMS:  All requests for licensure transactions and all documentation for licensure purposes must be made on prescribed forms.

                A.            PAB 1 - Application for a New Mexico CPA Certificate by Examination.

                B.            PAB 2 - Application for a New Mexico CPA Certificate by Grade Transfer.

                C.            PAB 3 - Application for a New Mexico CPA Certificate by Reciprocity.

                D.            PAB 4 - Application for Renewal of a Current New Mexico CPA Certificate.

                E.            PAB 5 - Application for Reinstatement of a Cancelled New Mexico CPA Certificate.

                F.            PAB 6 - Application for Change of Certificate Status.

                G.            PAB 7 - Application for Firm Permit.

                H.            PAB 8 - Firm Permit Renewal Application.

                I.             PAB 9 - Application for Reinstatement of an Expired Firm Permit.

                J.             PAB 11 - Interstate Exchange of Information Form.

                K.            PAB 12 - Work Experience Verification Form.

                L.            PAB 13 - Interstate Notification of Verifying CPA’s License.

                M.           PAB 14 - Report of Continuing Professional Education.

                N.            PAB 15 - Interstate Verification of Examination Scores.

[16.60.1.11 NMAC - N, 07-30-2004; A, 05-15-2006; A, 06-30-2008]

 

HISTORY OF 16.60.1 NMAC:

Pre-NMAC History:  Material in the part was derived from that previously filed with the commission of public records - state records center and archives:

BPA 84-2, Purpose, filed 07-09-84;

BPA 95-3, Definitions, filed 04-21-95;

BPA 95-8, Board, Powers and Duties, filed 04-21-95.

 

History of Repealed Material:

16 NMAC 60.1, General Provisions, filed 09-27-95; 16 NMAC 60.2, Fees, Obligations, and Communications, filed 09-27-95; and Amendment to 16 NMAC 60.2, Fees, Obligations, and Communication, filed 12-23-99, repealed effective 02-14-2002.

 

Other History:

16 NMAC 60.1 General Provisions, filed 09-27-95; 16 NMAC 60.2, Fees, Obligations, and Communication, filed 09-27-95; and Amendment to 16 NMAC 60.2, Fees, Obligations, and Communications (filed 12-23-99), replaced by 16.60.1 NMAC, General Provisions effective 02-14-2002.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 60     PUBLIC ACCOUNTANTS

PART 2                 CERTIFIED PUBLIC ACCOUNTANT (CPA) EXAMINATION REQUIREMENTS

 

16.60.2.1               ISSUING AGENCY:  State of New Mexico Public Accountancy Board.

[16.60.2.1 NMAC - Rp 16 NMAC 60.3.1, 02-14-2002]

 

16.60.2.2               SCOPE:  General public:  all individuals seeking to become a certified public accountant.

[16.60.2.2 NMAC - Rp 16 NMAC 60.3.2, 02-14-2002]

 

16.60.2.3               STATUTORY AUTHORITY:  Public Accountancy Act, Sections 61-28B-1 to 61-28B-29 NMSA 1978.

[16.60.2.3 NMAC - Rp 16 NMAC 60.3.3, 02-14-2002]

 

16.60.2.4               DURATION:  Permanent.

[16.60.2.4 NMAC - Rp 16 NMAC 60.3.4, 02-14-2002]

 

16.60.2.5               EFFECTIVE DATE:  February 14, 2002, unless a later date is cited at the end of a section.

[16.60.2.5 NMAC - Rp 16 NMAC 60.3.5, 02-14-2002]

 

16.60.2.6               OBJECTIVE:  To delineate uniform CPA examination application procedures, education requirements, examination administration, and board procedures for dealing with cheating on the CPA examination.

[16.60.2.6 NMAC - Rp 16 NMAC 60.3.6, 02-14-2002]

 

16.60.2.7               DEFINITIONS:  [RESERVED]

[16.60.2.7 NMAC - Rp 16 NMAC 60.3.7, 02-14-2002]

 

16.60.2.8               APPLICATION PROCEDURES:

                A.            The board may contract as its agent CPA examination services (CPAES), the national association of state boards of accountancy (NASBA), or the American institute of certified public accountants (AICPA) or other entities it deems appropriate to undertake any aspects of examination development, delivery, administration, qualification, or application that the board considers necessary and appropriate in its oversight and administration of the uniform CPA examination.

                B.            Applicants for the CPA examination shall meet the requirements of Section 8 of the act and the provisions set forth in this rule.

                C.            An application will not be considered filed until all application/qualification fees and examination fees required by these rules and all required supporting documents have been received, including photographs, official transcripts, and proof that the applicant has completed the education requirement.

                D.            An applicant who fails to appear for the examination shall forfeit all fees charged for both the application and the examination.

                E.            Prospective applicants for the CPA examination shall demonstrate to the board's satisfaction that all education requirements are met.

                F.            The board or its designee shall forward notification of eligibility to NASBA’s national candidate database.

                G.            Upon registering for any section of the examination, an applicant must sit for that section of the examination within six months from the date on which he is deemed eligible to sit for that section.

[16.60.2.8 NMAC - Rp 16 NMAC 60.3.9.1, 16 NMAC 60.3.9.2, & 16 NMAC 60.3.9.3, 02-14-2002; A, 01-15-2004; A, 12-30-2004; A, 06-30-2008]

 

16.60.2.9               EDUCATION REQUIREMENTS:

                A.            After July 1, 2008, Section 8C of the act requires an applicant for the uniform CPA examination to hold a baccalaureate degree or its equivalent conferred by a college or university acceptable to the board, with 30 semester hours in accounting or the equivalent as determined by the board.

                B.            After July 1, 2008, Section 8C of the act requires an applicant for a certificate to have at least 150 semester hours of college education or its equivalent earned at a college or university acceptable to the board.  Any course for which credit has been awarded by the institution will be accepted toward meeting the 150-semester hour requirement.

                C.            The board will accept not fewer than 30 semester hours of accounting or audit related courses (3 semester hours may be in business law), without repeat, from a board-recognized educational institution.  The recognized educational institution must have accepted them for the purposes of obtaining a baccalaureate degree or equivalent, and they must be shown on an official transcript.

                D.            A prospective CPA examination or CPA certificate candidate is considered as graduating from an accredited college or university acceptable to the board if, at the time the educational institution grants the applicant’s degree, it is accredited at the appropriate level as outlined in these rules.  As used in these rules, “accreditation” refers to the process of quality control of the education process.  There are 3 different levels of accreditation referred to in these rules, and the degree to which the board relies on accreditation differs according to the level at which the degree granting institution is accredited.  In reviewing and evaluating a candidate’s educational credentials, the board may rely on accreditation by an accrediting agency at 3 different levels.

                E.            Level 1 accreditation is associated with the four-year, degree-granting college or university itself.  The institution must be accredited by 1 or more of the following board-recognized regional accrediting agencies (or successor agencies):

                                (1)           middle states association of colleges and secondary schools;

                                (2)           New England association of schools and colleges;

                                (3)           north central association of colleges and secondary schools;

                                (4)           northwest association of  schools and colleges;

                                (5)           southern association of colleges and schools;

                                (6)           western states association of schools and colleges; and

                                (7)           accrediting council for independent colleges and schools.

                F.            Level 2 accreditation is associated with a business school or college of business.  The unit must be accredited by a national accreditation agency recognized by the board, such as the American assembly of collegiate schools of business (AACSB), following a specific and comprehensive review of its faculty, resources, and curricula.  In evaluating a candidate’s credentials, the board may choose to rely on this accreditation as evidence that the institution’s business school has met minimum overall standards of quality for such schools.

                G.            Level 3 accreditation is associated with an accounting program or department.  The program or department must be accredited by a national accreditation agency recognized by the board such as the AACSB.  Accounting programs or departments accredited in this manner have met standards substantially higher and much more specific than those required for level 1 or level 2 accreditation.  For level 3 accreditation, the accounting program or department must meet a stringent set of standards that addresses faculty credentials, student quality, physical facilities, and curricula.  Graduates who submit transcripts from accredited accounting programs may be deemed to have met the board’s specific accounting and business course requirements.

                H.            If an educational institution was not accredited at the time an applicant’s degree was received but is so accredited at the time the application is filed with the board, the institution will be deemed to be accredited for the purposes of this rule provided that it:

                                (1)           certifies that the applicant’s total educational program would qualify the applicant for graduation with a baccalaureate degree during the time the institution has been accredited; and

                                (2)           furnishes the board satisfactory proof, including college catalogue course numbers and descriptions, that the pre-accrediting courses used to qualify the applicant as an accounting major are substantially equivalent to post-accrediting courses.

                I.             If an applicant’s degree was received at an accredited educational institution as defined in this rule, but the educational program which was used to qualify the applicant as an accounting major included courses taken at non-accredited institutions, either before or after graduation, such courses will be deemed to have been taken at the accredited institution from which applicant’s degree was received, provided the accredited institution either:

                                (1)           has accepted such courses by including them in its official transcript; or

                                (2)           certifies to the board that it will accept such courses for credit toward graduation.

                J.             A graduate of a four-year, degree-granting institution not accredited at the time the applicant’s degree was received or at the time the application was filed will be deemed to be a graduate of a four-year accredited educational institution if:

                                (1)           either the NASBA international evaluation service or a credentials evaluation service that is a member of the national association of credential evaluation services certifies that the applicant’s degree is equivalent to a degree from an accredited educational institution defined in this rule; or if

                                (2)           an accredited educational institution as defined in this rule accepts the applicant’s non-accredited baccalaureate degree for admission to a graduate business degree program; the applicant satisfactorily completes at least 15 semester hours or the equivalent in post-baccalaureate education at the accredited educational institution, of which at least 9 semester hours, or the equivalent, shall be in accounting; and the accredited educational institution certifies that the applicant is in good standing for continuation in the graduate program or has maintained a grade point average in these courses that is necessary for graduation.

                K.            Advanced subjects completed to qualify under the above section may not be used to satisfy education requirements.

                L.            The board may provide a mechanism to recognize educational institutions that are not accredited at the institutional, business school, accounting program, or department level.

                M.           The accounting education concentration or equivalent contemplated by the act shall consist of semester hours of credit earned as in a conventional college semester.  Quarter hours will be converted by multiplying the quarter hours earned by two-thirds to determine semester hours earned.  No more than 30 semester hours will be recognized for internships or life experience.

[16.60.2.9 NMAC - Rp 16 NMAC 60.3.8, 02-14-2002; A, 06-15-2004; A, 06-30-2008; A, 01-17-2013]

 

16.60.2.10             EXAMINATION ADMINISTRATION:

                A.            Time and place of examination:  Eligible applicants shall independently contact a test center operator identified by the board to schedule the time and place for the examination at an approved test site.

                B.            Examination subjects:  The examination required by the act shall test the knowledge and skills required for performance as an entry-level certified public accountant and shall include the subject areas of accounting and auditing and such related subjects as the board may require.

                C.            Provisional scores shall be released to the candidate following each testing window since 2004. All examination scores shall be considered provisional until approved by the board’s administrative staff.  Scores must be approved by the board’s administrative staff prior to the issuance of certificates requiring such scores.

                D.            Pursuant to paragraph 1 of subsection D of 1.18.420.431 NMAC, once provisional scores have been approved by the board, they shall remain on file for 10 years beyond the date on which the final section of the examination was passed.  If the candidate does not apply for an initial license within five years of passing the final section of the examination, the scores will be presented to the Board to determine validity.

[16.60.2.10 NMAC - Rp 16 NMAC 60.3.9.3, 02-14-2002; A, 01-15-2004; A, 06-30-2008; A, 12-01-2014]

 

16.60.2.11             [RESERVED]

[16.60.2.11 NMAC - N, 02-14-2002; Repealed, 06-30-2008]

 

16.60.2.12             CPA EXAMINATION CHEATING: Cheating by an applicant in applying for or taking the examination will be deemed to invalidate any grade otherwise earned by a candidate on any part of the examination and may warrant summary expulsion from the examination and disqualification from taking the examination for a specified number of subsequent sittings.

                A.            For purposes of this rule, the following actions, among others, may be considered cheating:

                                (1)           falsifying or misrepresenting educational credentials or other information required for admission to the examination;

                                (2)           communication between candidates inside or outside the examination room while the examination is in progress;

                                (3)           communication with others outside the examination room while the examination is in progress;

                                (4)           substitution of another person to sit in the examination room in the stead of a candidate and write one or more of the examination papers;

                                (5)           possession of or reference to crib sheets, textbooks, electronic devices or other material inside or outside the examination room while the examination is in progress;

                                (6)           copying or attempting to copy another candidate’s answers;

                                (7)           failure to cooperate with testing officials;

                                (8)           any conduct that violates the standards of test administration or violates the verbal or written instructions given by examination administrators; or

                                (9)           bringing prohibited items into the examination site.

                B.            In any case where it appears to a member of the board or its representative, while the examination is in progress, that cheating has or is occurring, the board may summarily expel the candidate involved from the examination.

                C.            In any case where the board believes that it has evidence that a candidate has cheated on the examination, and in every case where a candidate has been expelled from the examination, the board shall conduct a hearing expeditiously following the examination session for the purpose of determining whether or not there was cheating, and, if so, what remedy should be applied.  In such hearings, the board shall decide:

                                (1)           whether the candidate shall be given credit for the section of the examination completed in that testing session;

                                (2)           whether the candidate shall be allowed to take additional sections of the examination in that same testing window; and

                                (3)           whether the candidate shall be barred from taking the examination in future testing windows, and if so, for how many testing windows.

                D.            In any case where the board permits a candidate to continue taking the examination, it may, depending on the circumstances:

                                (1)           admonish the candidate; and

                                (2)           notify the national candidate database, the AICPA, and the test center of the circumstances so that the candidate may be more closely monitored in future examinations.

                E.            In any case where a candidate is refused credit for parts of the examination taken or is expelled from the examination or disqualified from taking other parts, the board shall give the candidate a statement containing its findings, the evidence upon which the findings are based, and a notice of the right of the candidate to a formal rehearing by the board, with right of appeal, pursuant to the procedures provided in the Uniform Licensing Act, Sections 61-1-1 to 61-1-31 NMSA 1978, and  Section 8B of the act.

                F.            In any case where a candidate is refused credit for any part of an examination taken, disqualified from taking any part of the examination, or barred from taking the examination in future sittings, the board will provide information as to its findings and actions taken to the board of accountancy of any other state to which the candidate may apply for the examination.

[16.60.2.12 NMAC - Rp 16 NMAC 60.3.9, 02-14-2002; A, 09-16-2002; A, 01-15-2004; A, 06-30-2008]

 

16.60.2.13             [RESERVED]

[16.60.2.13 NMAC - N, 01-15-2004; A, 07-30-2004; A, 01-17-2013; Repealed, 12-01-2014]

 

HISTORY OF 16.60.2 NMAC:

Pre-NMAC History:  Material in the part was derived from that previously filed with the commission of public records-state records center and archives:

BPA Policy Statement 84-1, Cheating, filed 06-27-84.

BPA Policy Statement 84-2, Answers to Ethics Examination Questions, filed 06-27-84.

BPA Policy Statement 84-3, Exam ID Card, filed 06-27-84.

BPA Policy Statement 84-4, Questionnaire, filed 06-27-84.

BPA Policy Statement 84-5, Exam Photos, filed 06-27-84.

BPA Policy Statement 84-6, Meeting the Education Requirement, filed 08-27-84.

BPA Policy Statement 84-8, Transfer of Conditional Credit and Eligibility to Sit for Future Examinations, filed 08-27-84.

BPA 84-2, Purpose, Filed 07-09-84

Section 10, Examination of Applicants, filed 11-13-92

BPA 95-10, Certified Public Accountants, filed 04-21-95

 

History of Repealed Material:

16 NMAC 60.3, Public Accountants - CPA Examination; Educational Requirements and General Information, filed 09-27-95, repealed effective 02-14-2002.

 

Other History:

16 NMAC 60.3, Public Accountants - CPA Examination; Educational Requirements and General Information, filed 09-27-95 replaced by 16.60.2 NMAC, Certified Public Accountant (CPA) Examination Requirements, effective 02-14-2002.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 60     PUBLIC ACCOUNTANTS

PART 3                 LICENSURE AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS

 

16.60.3.1               ISSUING AGENCY:  State of New Mexico Public Accountancy Board

[16.60.3.1 NMAC - Rp 16 NMAC 60.4.1 & 16 NMAC 60.6.1, 02-14-2002]

 

16.60.3.2               SCOPE:  General public:  Individuals seeking to become certified public accountants (CPAs) CPAs and registered public accountants (RPAs) seeking to maintain their New Mexico certificate/license status through continuing professional education (CPE).

[16.60.3.2 NMAC - Rp 16 NMAC 60.4.2 & 16 NMAC 60.6.2, 02-14-2002]

 

16.60.3.3               STATUTORY AUTHORITY:  1999 Public Accountancy Act, Sections 61-28B-1 to 61-28B-29 NMSA 1978

[16.60.3.3 NMAC - Rp 16 NMAC 60.4.3 & 16 NMAC 60.6.3, 02-14-2002]

 

16.60.3.4               DURATION:  Permanent.

[16.60.3.4 NMAC - Rp 16 NMAC 60.4.4 & 16 NMAC 60.6.4, 02-14-2002]

 

16.60.3.5               EFFECTIVE DATE:  February 14, 2002, unless a later date is cited at the end of a section.

[16.60.3.5 NMAC - Rp 16 NMAC 60.4.5 & 16 NMAC 60.6.5, 02-14-2002]

 

16.60.3.6               OBJECTIVE:  Protect the public interest by implementing provisions of the 1999 Public Accountancy Act (act) which provide for initial application issuance and renewal of CPA and RPA certificates/licenses; reinstatement of expired, cancelled, suspended or revoked CPA/RPA certificates; application and issuance of CPA certificates through interstate and international reciprocity; establishment of intent to practice privilege under substantial equivalency; maintenance of professional competency through continuing professional education (CPE) of CPA and RPA certificate/license holders; and change of status application procedures between active/inactive or retired status.

[16.60.3.6 NMAC - Rp 16 NMAC 60.4.6 & 16 NMAC 60.6.6, 02-14-2002]

 

16.60.3.7               DEFINITIONS:  [RESERVED]

[16.60.3.7 NMAC - Rp 16 NMAC 60.4.7 & 16 NMAC 60.6.7, 02-14-2002]

 

16.60.3.8               APPLICATION REQUIREMENTS:  All certificate/license applications and renewals shall be made on and meet all information requirements contained in board prescribed forms.  Applications will not be considered complete and filed with the board until all required information and board prescribed fees have been received.

[16.60.3.8 NMAC - Rp. 16 NMAC 60.4.8.1, 02-14-2002]

 

16.60.3.9               INITIAL CERTIFICATE/LICENSE REQUIREMENTS:

                A.            An applicant for initial certification/licensure shall demonstrate to the board's satisfaction that he:

                                (1)           is of good moral character and lacks a history of dishonest or felonious acts;

                                (2)           meets the education, experience and examination requirements of the board; and

                                (3)           passes the American institute of certified public accountants ethics examination with a score of 90 percent or higher.

                B.            Moral character requirements:  The board may assess moral character requirements based upon applicant-provided character references and background checks to determine an applicant's history of dishonest or felonious acts.  The board may request the presence at a board meeting of an applicant for whom it has unanswered questions.

                C.            Criminal history background check:  Pursuant to Section 61-28B-8.1 of the act, all applicants for initial issuance or reinstatement of a certificate and license in New Mexico shall be required to be fingerprinted to establish positive identification for a state and federal criminal history background check.  As of November 5, 2013, New Mexico Department of Public Safety (DPS) will no longer accept hardcopy fingerprint cards. Applicants will conduct a fingerprinting through the Cogent live scan location prescribed by DPS.

                                (1)           The applicant will register online, through the Cogent website, with the Board’s ORI number and make payment with registration. After the process is complete, the applicant will receive a Registration Confirmation.

                                (2)           The applicant shall take their Registration Confirmation to an approved Cogent live scan facility and conduct the electronic fingerprinting process.

                                (3)           Results will be sent to the Board electronically. The Board shall not issue a certificate or license until the applicant’s background check has been successfully completed.

                                (4)           Out-of-State Applicants, who are unable to visit a Cogent fingerprinting facility, may follow the same registration process and submit a hardcopy fingerprint card to Cogent CardScan in Dublin, OH. The results will be sent to the Board electronically. The Board shall not issue a certificate or license until the applicant’s background check has been successfully completed.

                D.            Education and examination requirements:  Education and examination requirements are specified in Section 8 of the act and are further delineated in Part 2 of board rules.  An applicant who has passed the uniform CPA examination prior to July 1, 2004, is exempt from the 150-semester-hour requirement.

                E.            Experience required:  Applicants documenting their required experience for issuance of an initial certificate pursuant to Section 7H of the act, and after July 1, 2004 Section 8H of the act shall:

                                (1)           provide documentation of experience in providing any type of services or advice using accounting, attest, management advisory, financial advisory, tax or consulting skills; acceptable experience shall include experience gained through employment in industry, government, academia or public practice;

                                (2)           have their experience verified by an active, licensed CPA as defined in the act or by an active, licensed CPA from another state; the board shall consider and evaluate factors such as complexity and diversity of the work in determining acceptability of experience submitted:

                                                (a)           one year of experience or it’s 2,000 hour equivalent shall consist of full or part-time employment that extends over a period of no less than 1 year and no more than 3 years and includes no fewer than 2,000 hours of performance of services described above;

                                                (b)           the CPA verifying an applicant’s experience must be employed by, or a consultant to, or provide professional services to, the same organization as the applicant;

                                                (c)           experience documented in support of an initial application must be obtained within the 7 years immediately preceding passing of the examination or within 7 years of having passed the examination upon which the application is based; this does not apply to applicants who qualified and sat for the examination during or prior to the November 2001 administration;

                                                (d)           any licensee requested by an applicant to submit evidence of the applicant’s experience and who has refused to do so shall, upon request of the board, explain in writing or in person the basis for such refusal; the board may require any licensee who has furnished evidence of an applicant’s experience to substantiate the information;

                                                (e)           the board may inspect documentation relating to an applicant’s claimed experience; any applicant may be required to appear before the board or its representative to supplement or verify evidence of experience.

                F.            Certificate and license issuance:  upon receipt of a complete application packet and successful completion of a fingerprint background check that revealed no arrests, board staff are authorized to approve and issue a certificate and license to an applicant for whom no licensing issues are present.  Pursuant to Section I of 16.60.2.13 NMAC, uniform CPA examination scores must be approved by the board’s administrative staff prior to the issuance of a certificate and license to an applicant who sat for the uniform CPA examination as a New Mexico candidate.

                G.            Swearing in ceremony:  Every new licensee must participate in a swearing in ceremony before the board within one year from the date of the issuance of the initial license.  Swearing in ceremonies shall be held two times per year in locations to be determined by the board or the board’s administrative staff.  Upon good cause presented in writing prior to the expiration of the one-year period of initial licensure, the board may extend the period for being sworn in or arrange an alternate method for the licensee to be sworn in.  If an extension for good cause is granted, the licensee shall arrange with the board’s administrative staff to present him or herself for swearing in before the board within the time prescribed by the board.  Failure to appear at a swearing in ceremony before the board may result in the imposition of a fine or other disciplinary action, as deemed appropriate by the board.

                H.            Replacement wall certificates and licenses to practice:  Replacement wall certificates and licenses to practice may be issued by the board in appropriate cases and upon payment by the CPA or RPA of the fee as set by the board.  A certificate/license holder is specifically prohibited from possessing more than one wall certificate and more than one license to practice as a CPA or RPA.  When a replacement wall certificate or license to practice is requested, the certificate/license holder must return the original certificate/license or submit a notarized affidavit describing the occurrence that necessitated the replacement certificate or license.

                I.             Renewal requirements:  Certificates/licenses for individuals will have staggered expiration dates based on the individual's birth month.  Deadline for receipt of certificate/license renewal applications and supporting continuing professional education affidavits or reports is no later than the last day of the CPA or RPA certificate/license holder's birth month or the next business day if the deadline date falls on a weekend or holiday.

                                (1)           The board may accept a sworn affidavit as evidence of certificate/license holder compliance with CPE requirements in support of renewal applications.

                                (2)           Renewal applications and CPE reports received after prescribed deadlines shall include prescribed delinquency fees.

                                (3)           Applications will not be considered complete without satisfactory evidence to the board that the applicant has complied with the continuing professional education requirements of Sections 9E and 12A of the act and of these rules.

                                (4)           The board shall mail renewal application notices no less than 30 days prior to the renewal deadline.

                J.             Expedited licensure/ certification by reciprocity for military spouses licensed in another jurisdiction:

                                (1)           If a military service member, the spouse of a military service member, or a recent veteran submits an application for a license or certification and is a qualified applicant pursuant to this part, the board shall expedite the processing of such application and issue the license as soon as practicable.  The terms  “military service member” and “recent veteran” are defined in the Uniform Licensing Act, NMSA 1978, Section 61-1-34.  Any qualified veteran applicant seeking expedited licensure pursuant to this section shall submit a copy of form DD214, Certificate of Release or Discharge from Active Duty, with the application.

                                (2)           A license issued pursuant to this section shall not be renewed automatically, and shall be renewed only if the licensee satisfies all requirements for the issuance and renewal of a license pursuant to the 1999 Public Accountancy Act, including NMSA 1978, Section 61-28B-9 and 16.60.3.9(I) NMAC.

[16.60.3.9 NMAC - Rp 16 NMAC 60.4.8.2 & 16 NMAC 60.4.8.3, 02-14-2002; A, 01-15-2004; A, 06-15-2004; A, 12-30-2004; A, 04-29-2005; A, 07-29-2005; A, 11-30-2007; A, 06-30-2008; A, 02-27-2009; A, 01-17-2013; A, 12-01-2014]

 

16.60.3.10             BOARD ACCEPTANCE OF GRADE TRANSFER CERTIFICATE APPLICANTS:

                A.            The board will only accept grade transfers from applicants passing the uniform CPA examination in other jurisdictions/states for an initial CPA certificate application under the following situations:

                                (1)           temporary change in residence to the state/jurisdiction where the applicant passed the uniform CPA examination while the grade transfer applicant was a student;

                                (2)           temporary change in residence to the state/jurisdiction where the applicant passed the uniform CPA examination while the grade transfer applicant was on military duty;

                                (3)           temporary change in residence to the state/jurisdiction where the applicant passed the uniform CPA examination while the candidate was on a temporary work assignment;

                                (4)           presentation of documented evidence demonstrating current resident status in the state of New Mexico; or

                                (5)           presentation of documented evidence demonstrating anticipated employment and residency in the state of New Mexico within 6 months of the application’s date.

                B.            An applicant who resides in New Mexico and was issued a certificate in another state based upon passage of the examination but never received a license to practice will be considered for licensure by grade transfer.

                C.            The board may waive the above requirements due to hardship exceptions presented by a grade transfer certificate applicant.

[16.60.3.10 NMAC - N, 02-14-2002; A, 06-15-2004]

 

16.60.3.11             RELINQUISHING A CERTIFICATE/LICENSE:

                A.            Any individual certificate/license holder may at any time and for any reason, subject to the approval of the board, relinquish that certificate/license to the board.  An individual relinquishing his certificate/license during the course of a disciplinary investigation or proceeding may not apply for reinstatement but may apply for the issuance of a new certificate/license upon completion of all requirements for the issuance of such certificate, including meeting all education, examination, experience, and ethics examination requirements of the act and board rules in effect at the time of the new application.  This includes sitting for and passing the uniform CPA examination, meeting current experience requirements, and passing a current ethics examination.

                B.            This rule does not apply to a licensee who relinquished their license while in good standing and was not the subject of a board investigation or disciplinary proceeding at the time they relinquished their license.  If an individual relinquishes their certificate/license during the course of a board disciplinary investigation or proceeding, this fact shall be disclosed in any later application for a new certificate and shall be considered before the issuance of a new certificate.

[16.60.3.11 NMAC - N, 02-14-2002]

 

16.60.3.12             REINSTATEMENT REQUIREMENTS:

                A.            Requests to reinstate a certificate/license that lapsed or expired as a result of non-renewal shall meet all board prescribed requirements for reinstatement including the current year’s renewal fee and continuing professional education.  An individual whose certificate/license has been subject to board disciplinary action pursuant to the Uniform Licensing Act, Sections 61-1-1 to 61-1-31 NMSA 1978, may, upon application in writing and for good cause, request reinstatement of the certificate/license after completion of all requirements contained in the board’s original order or agreement.

                B.            A reinstatement application pursuant to Section 21 of the act and this rule will be processed by the board upon the basis of the materials submitted in support thereof and supplemented by such additional inquiries as the board may require.  Upon receipt of a complete reinstatement application packet and successful completion of a fingerprint background check that revealed no arrests, board staff are authorized to reinstate a certificate and license to an applicant for whom no licensing issues are present.  If the individual has not held an active license in any jurisdiction within the 10 years preceding the date of application for reinstatement, the approval of the board will be required.  For reinstatement of a certificate/license, a hearing may be held, and the board may, at its discretion, impose terms and conditions on an application following procedures the board may find suitable for the particular case.

                C.            The reinstatement request shall set out in writing the reasons constituting good cause for the relief sought and shall be accompanied by at least 2 supporting recommendations, under oath, from practitioners who have personal knowledge of the activities of the applicant since board disciplinary action was imposed.  In considering a reinstatement application, the board may consider all activities of the applicant since the disciplinary action from which relief is sought was imposed; the offense for which the applicant was disciplined; the applicant’s activities during the time the certificate/license was in good standing; the applicant’s rehabilitative efforts; restitution to damaged parties in the matter for which the penalty was imposed; and the applicant’s general reputation for trust and professional probity.

                D.            No application for reinstatement will be considered while the applicant is under sentence for any criminal offense, including any period during which the applicant is on court-imposed probation or parole.

[16.60.3.12 NMAC - Rp 16 NMAC 60.4.11, 02-14-2002; A, 12-30-2005; A, 01-17-2013]

 

16.60.3.13             RECIPROCITY REQUIREMENTS:

                A.            Interstate reciprocity:  The board may issue a certificate/license to the holder of a certificate issued by a state other than New Mexico as defined under Sections 3O, 11B and D, and 26A of the act provided that the license from the other state is valid and in good standing and that the applicant:

                                (1)           provides proof from a board-approved national qualifications service that their CPA qualifications are substantially equivalent to the CPA requirements of the act; or

                                (2)           successfully completed the CPA examination in accordance with the rules of the other state at the time it granted the applicant’s initial certificate; and

                                (3)           meets the experience requirements under the act and these rules for issuance of the initial certificate; and

                                (4)           has met the CPE requirement of the state in which he is currently licensed pursuant to the act and board rules.

                B.            All applicants for licensure by reciprocity shall have passed either the American institute of certified public accountants ethics examination with a score of 90 percent or higher or an ethics examination of another state board of accountancy with a score of 90 percent or higher.

                C.            An applicant who holds a certificate from another state based upon passage of the examination but who does not hold a license to practice shall not be eligible for licensure by reciprocity.

                D.            The board may rely on the national association of state boards of accountancy (NASBA), the American institute of certified public accountants (AICPA), or other professional bodies deemed acceptable to the board for evaluation of other state's CPA qualification requirements in making substantial equivalency determinations.

                E.            International reciprocity:  The board may designate a professional accounting credential issued in a foreign country as substantially equivalent to a New Mexico CPA certificate and may issue a certificate/license to the holder of a professional accounting credential issued in a foreign country.

                                (1)           The board may rely on NASBA, AICPA, or other professional bodies deemed acceptable to the board for evaluation of foreign credentials in making equivalency determinations.

                                (2)           The board may satisfy itself through qualifying examination(s) that the holder of a foreign country credential deemed by the board to be substantially equivalent to a CPA certificate possesses adequate knowledge of U.S. practice standards and the board’s rules.  The board will specify the qualifying examination(s) and may rely on NASBA, AICPA, or other professional bodies to develop, administer, and grade such qualifying examination(s).

                                (3)           The board recognizes the existence of the international qualifications appraisal board (IQAB), a joint body of NASBA and AICPA, which is charged with:

                                                (a)           evaluating the professional credentialing process of certified public accountants, or their equivalents, from countries other than the United States; and

                                                (b)           negotiating principles of reciprocity agreements with the appropriate professional and governmental bodies of other countries seeking recognition as having requirements substantially equivalent to the requirements for the certificate of a certified public accountant in the United States.

                                (4)           The board shall honor the terms of all principles of reciprocity agreements issued by IQAB.

                                (5)           The board recognizes the international uniform CPA qualification examination (IQEX), written and graded by AICPA, as a measure of professional competency satisfactory to obtain a New Mexico certificate by reciprocity.

                                (6)           The board may accept a foreign country accounting credential in partial satisfaction of its certificate/license requirements if:

                                                (a)           the holder of the foreign country accounting credential meets the issuing body’s education requirement and has passed the issuing body’s examination used to qualify its own domestic candidates; and

                                                (b)           the foreign country credential is valid and in good standing at the time of application for a certificate/license.

                                (7)           The board shall accept the following foreign credentials in partial satisfaction of its certificate/license requirements:

                                                (a)           Canadian chartered accountant;

                                                (b)           Australian chartered accountant;

                                                (c)           Hong Kong institute of CPAs;

                                                (d)           Mexican contador publicos certificado;

                                                (e)           chartered accountants in Ireland;

                                                (f)            New Zealand chartered accountant.

                F.            An applicant for renewal of a CPA certificate/license originally issued in reliance on a foreign country accounting credential shall:

                                (1)           meet all board prescribed certificate/license renewal requirements; and

                                (2)           present documentation from the foreign country accounting credential issuing body that the applicant’s foreign country credential has not been suspended or revoked and is not the subject of a current investigation; and

                                (3)           report any investigations undertaken or sanctions imposed by a foreign country credential body against the CPA’s foreign country credential.

                G.            If the foreign country credential has lapsed, expired, or been cancelled, the applicant must present proof from the foreign country credentialing body that the certificate holder/licensee was not the subject of any disciplinary proceedings or investigations at the time the foreign country credential lapsed.

                H.            Suspension or revocation of, or refusal to renew, the CPA’s foreign accounting credential by the foreign credentialing body shall be considered evidence of conduct reflecting adversely upon the CPA’s fitness to retain the certificate and may be a basis for board action.

                I.             Conviction of a felony or any crime involving dishonesty or fraud under the laws of a foreign country is evidence of conduct reflecting adversely on the CPA’s fitness to retain a certificate/license and is a basis for board action.

                J.             The board shall notify the appropriate foreign country credentialing authorities of any sanctions imposed against a CPA.  The board may participate in joint investigations with foreign country credentialing bodies and may rely on evidence supplied by such bodies in disciplinary hearings.

[16.60.3.13 NMAC - Rp 16 NMAC 60.4.9, 02-14-2002; A, 09-16-2002; A, 01-15-2004; A, 06-15-2004; A, 12-30-2004; A, 04-29-2005; A, 06-30-2008; A, 11-13-2009; A, 01-17-2013]

 

16.60.3.14             SUBSTANTIAL EQUIVALENCY/INTENT TO PRACTICE REQUIREMENTS:

                A.            Effective July 1, 2008, a person whose principal place of business is not New Mexico and who has a valid certificate/license as a certified public accountant from another state shall be presumed to have qualifications substantially equivalent to New Mexico’s requirements if the person meets the requirements of Section 26, Subsection A of the act.

                B.            The board may rely on NASBA, AICPA, or other professional bodies approved as acceptable to the board to provide qualification appraisal in determining whether an applicant's qualifications are substantially equivalent to New Mexico's requirements.

                C.            A person exercising the practice privilege afforded by Section 26 of the act shall be deemed to have:

                                (1)           submitted to the personal and subject matter jurisdiction and disciplinary authority of the board;

                                (2)           agreed to full compliance with the act and related board rules; and

                                (3)           consented to appointment of the state board that issued the license as agent upon whom process may be served in an action or proceeding by the New Mexico public accountancy board against the licensee.

                D.            A person exercising the practice privilege afforded by Section 26 of the act shall cease offering or rendering professional attest services in New Mexico in the event  the license from the state of the person’s principal place of business is no longer valid.

                E.            An individual who qualifies for practice privileges pursuant to Section 26 of the act may offer or render professional services whether in person or by mail, telephone, or electronic means without the need to notify the board or remit a fee.        

                F.            Pursuant to the Uniform Accountancy Act, an individual entering into an engagement to provide professional services via a web site pursuant to Section 23 shall disclose, via any such web site, the individual’s principal state of licensure, license number, and an address as a means for regulators and the public to contact the individual regarding complaints, questions, or regulatory compliance.

                G.            Reporting moral character violations.

                                                (1)           Any individual using practice privileges in New Mexico shall notify the board within 30 days of any occurrence described in board rule Subsection B of  16.60.5.11 NMAC.

                                                (2)           Any licensee of New Mexico using practice privileges in another state shall notify the New Mexico board and the state board of any other state in which said licensee uses practice privileges within 30 days of any occurrence described in board rule Subsection B of 16.60.5.11 NMAC.

[16.60.3.14 NMAC - N, 02-14-2002; A, 07-30-2004; A, 07-29-2005; A, 06-30-2008; A, 01-17-2013]

 

16.60.3.15             CONTINUING PROFESSIONAL EDUCATION (CPE) REQUIRED TO OBTAIN OR MAINTAIN AN "ACTIVE" CPA LICENSE:

                A.            The following requirements of continuing professional education apply to certificate/license renewals and reinstatements pursuant to Sections 9E and 12A of the act.  An applicant for certificate/license renewal shall show completion of no less than 120 clock hours of CPE, complying with these rules during the 36-month period ending on the last day of the certificate/license holder's birth month.

                                (1)           Any applicant seeking a license/certificate or renewal of an existing license shall demonstrate participation in a program of learning meeting the standards set forth in the statement on standards for continuing professional education (CPE) programs jointly approved by NASBA and AICPA or standards deemed comparable by the board.

                                (2)           Each person holding an active CPA certificate/license issued by the board shall show completion of no less than 120 hours of continuing professional education complying with these rules during the preceding 36-month period ending on the last day of the certificate/license holder's birth month, with a minimum of 20 hours completed in each year.  For any CPE reporting period which begins on or after January 1, 2010, continuing professional education must include a minimum of 4 hours of ethics education during the 36-month period after January 1, 2010.  Licensees shall report CPE completion on board prescribed forms including a signed statement indicating they have met the requirements for participation in the CPE program set forth in board rules.

                                (3)           The board may, at its discretion, accept a sworn affidavit as evidence of certificate/license holder compliance with CPE requirements in support of renewal applications in lieu of documented evidence of such.  Reciprocity and reinstatement applications shall require documented evidence of compliance with CPE provisions.

                                (4)           Deadline for receipt of license renewal applications and supporting CPE reports or affidavits is no later than the last day of the certificate/license holder's birth month.  Renewal applications and supporting CPE affidavits or reports shall be postmarked or hand-delivered no later than the renewal deadline date or the next business day if the deadline date falls on a weekend or holiday.

                                (5)           In the event that a renewal applicant has not completed the requisite CPE by the renewal deadline, he shall provide a written explanation for failure to complete CPE and shall also submit a written request for an extension for completion of the required CPE.

                                                (a)           The approval of an extension request is not automatic.  The Board has the discretion to grant or deny a request.

                                                (b)           The request for extension shall include documentation of the extenuating circumstances that prevented him from completing the CPE.  A written plan of action to remediate the deficiency must accompany the renewal application and extension request.

                                                (c)           If a request for extension is received in the board office after the expiration date of the license, the license shall not be renewed, and the file shall be referred to the board for possible disciplinary action.

                                                (d)           An extension up to 60 days beyond the expiration date of the license may be granted by board staff; extenuating circumstances beyond the control of the licensee necessitating an extension beyond 60 days requires the approval of the board.  Failure to complete the required CPE within the extension period shall result in disciplinary action against the licensee.

                                                (e)           Although a plan of action may be approved immediately upon receipt, the board reserves the right to levy a fine at a later date for late CPE of $10.00 per day not to exceed $1,000.

                                                (f)            The board may waive this fine for good cause.

                                                (g)           If all CPE requirements are not met within 90 days beyond the expiration date of the license, the license shall be subject to cancellation.

                                (6)           Renewal applications and CPE reports received after prescribed deadlines shall include prescribed delinquency fees.

                                (7)           Applications will not be considered complete without satisfactory evidence to the board that the applicant has complied with the CPE requirements of Sections 9E and 12A of the act and of these rules.

                                (8)           Reinstatement applicants whose certificates/licenses have lapsed shall provide documented evidence of completion of 40 hours of CPE for each year the certificate/license was expired, not to exceed 200 hours.  If the license was expired for longer than 36 months, at least 120 of the hours must have been earned within the preceding 36 months.  For any post-2009 year for which the certificate/license was expired, the continuing professional education must include a minimum of 4 hours of ethics education during the 36 months preceding reinstatement.

                                                (a)           The length of expiration shall be calculated from the date the license expired to the date the application for reinstatement was received by the board office.

                                                (b)           If the license was expired for less than one year, documented evidence of 40 hours of CPE earned within the 12 months immediately preceding the date of application for reinstatement must be provided.

                                                (c)           If the license was expired for longer than one year, for the purpose of determining the number of CPE hours required, the length of expiration shall be rounded down to the last full year if the partial year was less than six months and rounded up to the next full year if the partial year was more than six months.

                B.            Exemption from CPE requirements through change of certificate/license status between inactive/retired and active status.

                                (1)           Pursuant to Section 9E of the act, the board may grant an exception to CPE requirements for certificate holders who do not provide services to the public.  Public means any private or public corporate or governmental entity or individual.  An individual who holds an inactive certificate/license is prohibited from practicing public accounting and may only use the CPA-inactive designation if they are not offering accounting, tax, tax consulting, management advisory, or similar services either in New Mexico or in another state or country.  Persons desiring exemption from CPE rules requirements may request to change from "active" to "inactive" or "retired" certificate/license status, provided that they:

                                                (a)           complete board-prescribed change-of-status forms and remit related fees;

                                                (b)           not practice public accountancy as defined in Section 3M of the act; public accountancy means the performance of one or more kinds of services involving accounting or auditing skills, including the issuance of reports on financial statements, the performance of one or more kinds of management, financial advisory or consulting services, the preparation of tax returns or the furnishing of advice on tax matters; and

                                                (c)           place the word "inactive" or "retired" adjacent to their CPA or RPA title on a business card, letterhead or other documents or devices, except for a board-issued certificate.

                                (2)           Persons requesting to change from "inactive" or "retired" to "active" certificate/license status shall:

                                                (a)           complete board-prescribed change-of-status forms and remit related fees; and

                                                (b)           provide documented evidence of 40 hours of CPE for each year the certificate/license was inactive, not to exceed 200 hours; if the license was inactive for longer than 36 months, at least 120 of the hours must have been earned within the preceding 36 months.  For any post-2009 year for which the certificate/license was inactive, the continuing professional education must include a minimum of 4 hours of ethics education during the 36 months preceding application for change of status to “active”.

                                (3)           The effective date of this provision shall be January 1, 2007.  An individual who holds an inactive certificate/license as of January 1, 2006 and expects to be subject to the provisions of this rule shall be permitted to obtain an active certificate/license between January 1, 2006 and December 31, 2006 provided they:

                                                (a)           complete board-prescribed change-of-status forms and remit related fees; and

                                                (b)           provide documented evidence of 40 hours of CPE earned between January 1, 2005 and December 31, 2006 or complete 120 hours of CPE within the three-year period immediately prior to the date of application for active status, provided that the application is received by the board no later than December 31, 2006.

                                (4)           An individual who obtains an active certificate/license during this transitional period of January 1, 2006 to December 31, 2006 shall not be subject to the provisions of sub-paragraph (b) of paragraph (2) above.

                C.            Hardship exceptions:  The board may make exceptions to CPE requirements for reason of individual hardship including health, military service, foreign country residence, or other good cause. Requests for such exceptions shall be subject to board approval and presented in writing to the board.  Requests shall include such supporting information and documentation as the board deems necessary to substantiate and evaluate the basis of the exception request.

                D.            Programs qualifying for CPE credit:  A program qualifies as acceptable CPE for purposes of Sections 9E and 12A of the act and these rules if it is a learning program contributing to growth in professional knowledge and competence of a licensee.  The program must meet the minimum standards of quality of development, presentation, measurement, and reporting of credits set forth in the statement on standards for continuing professional education programs jointly approved by NASBA and AICPA, by accounting societies recognized by the board, or such other standards deemed acceptable to the board.

                                (1)           The following standards will be used to measure the hours of credit to be given for acceptable CPE programs completed by individual applicants:

                                                (a)           an hour is considered to be a 50-minute period of instruction;

                                                (b)           a full 1-day program will be considered to equal 8 hours;

                                                (c)           only class hours or the equivalent (and not student hours devoted to preparation) will be counted;

                                                (d)           one-half credit increments are permitted after the first credit has been earned in a given learning activity;

                                                (e)           for reporting periods on or after January 1, 2010, acceptable ethics topics may include, but are not limited to, instruction focusing on the AICPA code of professional conduct, the New Mexico occupational and professional licensing code of professional conduct applicable to certified public accountants, Treasury Circular 230, malpractice avoidance, organization ethics, moral reasoning, and the duties of the CPA to the public, clients, and colleagues; ethics hours may be earned as part of any professional development program otherwise qualifying under this rule, provided the ethics content and the time devoted to such content are separately identifiable on the program agenda.

                                (2)           Service as a lecturer, discussion leader, or speaker at continuing education programs or as a university professor/instructor (graduate or undergraduate levels) will be counted to the extent that it contributes to the applicant’s professional competence.

                                (3)           Credit as a lecturer, discussion leader, speaker, or university professor/instructor may be allowed for any meeting or session provided that the session would meet the continuing education requirements of those attending.

                                (4)           Credit allowed as a lecturer, discussion leader, speaker or university professor/instructor will be on the basis of 2 hours for subject preparation for each hour of teaching and 1 hour for each hour of presentation.  Credit for subject preparation may only be claimed once for the same presentation.

                                (5)           Credit may be allowed for published articles and books provided they contribute to the professional competence of the applicant.  The board will determine the amount of credit awarded.

                                (6)           Credit allowed under provisions for a lecturer, discussion leader, speaker at continuing education programs, or university professor/instructor or credit for published articles and books may not exceed one half of an individual’s CPE requirement for a 3-year reporting period (shall not exceed 60 hours of CPE credit during a 3-year reporting period).

                                (7)           For a continuing education program to qualify under this rule, the following standards must be met:

                                                (a)           an outline of the program is prepared in advance and preserved;

                                                (b)           the program is at least 1 hour in length;

                                                (c)           a qualified instructor conducts the program; and

                                                (d)           a record of registration or attendance is maintained.

                                (8)           The following programs are deemed to qualify, provided the above are met:

                                                (a)           professional development programs of recognized national and state accounting organizations;

                                                (b)           technical sessions at meetings of recognized national and state accounting organizations and their chapters; and

                                                (c)           no more than 4 hours CPE annually may be earned for board meeting attendance.

                                (9)           University or college graduate-level courses taken for academic credit are accepted.  Excluded are those courses used to qualify for taking the CPA exam. Each semester hour of credit shall equal 15 hours toward the requirement.  A quarter hour credit shall equal 10 hours.

                                (10)         Non-credit short courses - each class hour shall equal 1 hour toward the requirement and may include the following:

                                                (a)           formal, organized in-firm educational programs;

                                                (b)           programs of other accounting, industrial, and professional organizations recognized by the board in subject areas acceptable to the board;

                                                (c)           formal correspondence or other individual study programs which require registration and provide evidence of satisfactory completion will qualify with the amount of credit to be determined by the board.

                                (11)         The board will allow up to a total of 24 hours of CPE credits for firm peer review program participation. Hours may be earned and allocated in the calendar year of the acceptance letter for the firm's CPAs participating in the peer review.

                                                (a)           Firms having an engagement or report peer review will be allowed up to 12 hours of CPE credits.

                                                (b)           Firms having a system peer review will be allowed up to 24 hours of CPE credits.

                                                (c)           Firms having a system peer review at a location other than the firm’s office shall be considered an engagement peer review and will be allowed up to 12 hours of CPE credits.

                                                (d)           The firm will report to the board the peer review CPE credit allocation listing individual firm CPAs and the number of credits allotted to each CPA.  Individual CPAs receiving credit based upon a firm's report to the board may submit firm-reported hours in their annual CPA report forms to the board.  If CPE credits will not be used, no firm report will be necessary.

                                (12)         The board may look to recognized state or national accounting organizations for assistance in interpreting the acceptability of the credit to be allowed for individual courses.  The board will accept programs meeting the standards set forth in the NASBA CPE registry, AICPA guidelines, NASBA quality assurance service, or such other programs deemed acceptable to the board.

                                (13)         For each 3-year reporting period, at least 96 of the hours reported shall be courses, programs or seminars whose content is in technical subjects such as audit; attestation; financial reporting; tax, management consulting; financial advisory or consulting; and other areas acceptable to the board as directly related to the professional competence of the individual.

                                (14)         Effective for CPE reporting periods ending on or after July 31, 2007, for each 3-year reporting period, at least 24 of the hours reported shall not include CPE sponsored by the licensee’s firm, agency, company, or organization but may include all methods of CPE delivery, provided that each hour meets the standards specified in paragraphs (1) through (10) of this subsection.

                                (15)         For each 3-year reporting period, credit will be allowed once for any single course, program or seminar unless the individual can demonstrate that the content of such course, program or seminar was subject to substantive technical changes during the reporting period.

                E.            Programs not qualifying for CPE:

                                (1)           CPA examination review or “cram” courses;

                                (2)           industrial development, community enhancement, political study groups or similar courses, programs or seminars;

                                (3)           courses, programs or seminars that are generally for the purpose of learning a foreign language;

                                (4)           partner, shareholder or member meetings, business meetings, committee service, and social functions unless they are structured as formal programs of learning adhering to the standards prescribed in this rule.

                F.            Continuing professional education records requirements:  When applications to the board require evidence of CPE, the applicants shall maintain such records necessary to demonstrate evidence of compliance with requirements of this rule.

                                (1)           Reinstatement and reciprocity applicants shall file with their applications a signed report form and statement of the CPE credit claimed.  For each course claimed, the report shall show the sponsoring organization, location of program, title of program or description of content, the dates attended, and the hours claimed.

                                (2)           Responsibility for documenting program acceptability and validity of credits rests with the licensee and CPE sponsor.  Such documentation should be retained for a period of 5 years after program completion and at minimum shall consist of the following:

                                                (a)           copy of the outline prepared by the course sponsor along with the information required for a program to qualify as acceptable CPE as specified in this rule; or

                                                (b)           for courses taken for scholastic credit in accredited universities and colleges, a transcript reflecting completion of the course.  For non-credit courses taken, a statement of the hours of attendance, signed by the instructor, is required.

                                (3)           Institutional documentation of completion is required for formal, individual self-study/correspondence programs.

                                (4)           The board may verify CPE reporting information from applicants at its discretion.  Certificate holders/licensees or prospective certificate holders/licensees are required to provide supporting documentation  or access to such records and documentation as necessary to substantiate validity of CPE hours claimed.  Certificate holders/licensees are required to maintain documentation to support CPE hours claimed for a period of 5 years after course completion/CPE reporting.  Should the board exercise its discretion to accept an affidavit in lieu of a CPE report, the board shall audit certificate/license holder CPE rules compliance of no less than 10 percent of active CPA/RPA licensees annually.

                                (5)           In cases where the board determines requirements have not been met, the board may grant an additional period of time in which CPE compliance deficiencies may be removed.  Fraudulent reporting is a basis for disciplinary action.

                                (6)           An individual who has submitted a sworn affidavit on their renewal application as evidence of compliance with CPE requirements and is found, as the result of a random audit, not to be in compliance will be subject to a minimum $250.00 fine and any other penalties deemed appropriate by the board as permitted by Section 20B of the act.

                                (7)           The sponsor of a continuing education program is required to maintain an outline of the program and attendance/registration records for a period of 5 years after program completion.

                                (8)           The board may, at its discretion, examine certificate holder/licensee or CPE sponsor documentation to evaluate program compliance with board rules.  Non-compliance with established standards may result in denial of CPE credit for non-compliant programs and may be a basis for disciplinary action by the board for fraudulent documentation and representation by a CPE sponsor or certificate holder/licensee of a knowingly non-compliant CPE program.

[16.60.3.15 NMAC - Rp 16 NMAC 60.6.6, 02-14-2002; A, 09-16-2002; A, 06-15-2004; A, 07-30-2004; A, 12-30-2004; A, 04-29-2005; A, 12-30-2005; A, 05-15-2006; A, 07-29-2007; A, 02-27-2009; A, 9-15-2010; A, 01-17-2013; A, 12-01-14]

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 60     PUBLIC ACCOUNTANTS

PART 4                 FIRM PERMIT, PEER REVIEW REQUIREMENTS, AND BUSINESS NAME PROHIBITIONS

 

16.60.4.1               ISSUING AGENCY:  State of New Mexico Public Accountancy Board.

[16.60.4.1 NMAC - Rp 16 NMAC 60.11.1, 02-14-2002]

 

16.60.4.2               SCOPE:  General Public - All certified public accountant (CPA) and registered public accountant (RPA) business entities seeking authority to practice as a CPA or RPA firm.

[16.60.4.2 NMAC - Rp 16 NMAC 60.11.2, 02-14-2002]

 

16.60.4.3               STATUTORY AUTHORITY:  1999 Public Accountancy Act, Sections 61-28B-1 to 61-28B-29 NMSA 1978.

[16.60.4.3 NMAC - Rp 16 NMAC 60.11.3, 02-14-2002]

 

16.60.4.4               DURATION:  Permanent.

[16.60.4.4 NMAC - Rp 16 NMAC 60.11.4, 02-14-2002]

 

16.60.4.5               EFFECTIVE DATE:  February 14, 2002, unless a lager date is cited at the end of a section.

[16.60.4.5 NMAC - Rp 16 NMAC 60.11.5, 02-14-2002]

 

16.60.4.6               OBJECTIVE:  To prescribe requirements for firm permit application, renewal and reinstatement, business name prohibitions and peer review program implementation, administration and oversight.

[16.60.4.6 NMAC - Rp 16 MAC 60.11.6, 02-14-2002]

 

16.60.4.7               DEFINITIONS:  [RESERVED]

[16.60.4.7 NMAC - Rp 16 NMAC 60.11.7, 02-14-2002]

 

16.60.4.8               FIRM PERMIT APPLICATION, RENEWAL, REINSTATEMENT AND NOTIFICATION REQUIREMENTS:

                A.            Pursuant to Sections 12B and 13A, B, E, F, and L of the act, any CPA or RPA acting as the sole proprietor, partner, shareholder or member of a legal business entity who performs or offers to perform accountancy for a client or potential client by holding themselves out to the public must obtain a firm permit to be granted authority to practice public accountancy as a CPA or RPA firm.  Pursuant to Section 13I of the act, each office of the firm within New Mexico must obtain a firm permit.  All firm permit applications for initial issue, renewal, or reinstatement shall be made on board-prescribed forms and meet all information and fee requirements to be considered complete and filed with the board.

                B.            Renewal requirements:  Deadline for receipt of firm permit renewal applications is no later than 30 calendar days prior to the expiration date printed on the firm permit.  Renewal applications shall be postmarked or hand-delivered no later than the last day of the month preceding the month of expiration or the next business day if the deadline falls on a weekend or holiday.  The board shall mail firm permit renewal application forms to firm permit holders no less than 30 days prior to the renewal deadline date.

                C.            Reinstatement requirements:

                    (1)     Reinstatement due to non-renewal/expiration:  Requests to reinstate a firm permit that lapsed or expired as a result of non-renewal shall be made on board-prescribed forms and meet all board-prescribed requirements for reinstatement including the current year’s renewal fee and peer review program requirements.  This rule shall not apply to firms whose permits lapsed or expired for a period of 3 years or more.

                    (2)     Reinstatement applications for relief from disciplinary penalties:  A firm whose permit to practice has been subject to board disciplinary action may apply to the board for modification of the board action after completion of all requirements contained in the board’s original order:

                              (a)     the application shall be in writing and substantiate the reasons constituting good cause for the relief sought; and

                              (b)     shall be accompanied by at least 2 supporting recommendations, under oath, from practitioners who have personal knowledge of the activities of the applicant since the board action was imposed.

                D.            Action by the board:  An application pursuant to Section 21 of the act will be processed by the board upon the basis of the application materials submitted, supplemented by such additional inquiries the board may require.  At the board’s discretion, a hearing may be held on an application following procedures the board may find suitable for the particular case.

                    (1)     The board may impose appropriate terms and conditions for firm permit reinstatement or modification of board disciplinary action.

                    (2)     In considering a reinstatement application, the board may consider:

                              (a)     all activities of the applicant since the disciplinary penalty from which relief is sought was imposed;

                              (b)     the offense for which the applicant was disciplined;

                              (c)     the applicant’s activities during the time the firm permit was in good standing;

                              (d)     the applicant’s rehabilitative efforts;

                              (e)     restitution to damaged parties in the matter for which the penalty was imposed; and

                              (f)     the applicant’s general reputation for trust and professional probity.

                    (3)     No application for reinstatement will be considered while the applicant is under sentence for any criminal offense, including any period during which the applicant is on court imposed probation or parole.

                E.            Notification requirements:  A firm registered pursuant to Section 13 of the act shall file written notification with the board of any of the following events concerning the practice of public accountancy within this state within 30 days of occurrence:

                    (1)     formation of a new firm;

                    (2)     change in legal form or name of a firm;

                    (3)     firm termination;

                    (4)     establishment of a new branch office or the closing or change of address of a branch office in this state; or

                    (5)     the occurrence of any event or events which would cause such firm not to be in conformity with the provisions of the act or these rules.

[16.60.4.8 NMAC - Rp 16 NMAC 60.4.11, 02-14-2002; A, 04-29-05; A, 05-15-2006; A, 06-30-2008]

 

16.60.4.9               FIRM BUSINESS NAMES PROHIBITIONS:

                A.            Misleading firm names:  A firm name or trade name is misleading pursuant to Section 19 of the act if, among other things, the firm name or trade name:

                    (1)     is not the lawful and registered name of the firm;

                    (2)     implies the existence of a corporation when the firm is not a corporation such as through the use of the words “corporation”, “incorporated”, “Ltd.”, “professional corporation”, or an abbreviation thereof as part of the firm name if the firm is not incorporated or is not a professional corporation;

                    (3)     implies the existence of a partnership when there is not a partnership such as by use of the term “partnership”, “limited liability partnership”, the abbreviation “LLP”, “limited liability company”, or the abbreviation “LLC” if the firm is not such an entity;

                    (4)     includes the name of an individual who is not a CPA if the title “CPAs” is included in the firm name or trade name, except as provided for in Subsection B of 16.60.4.9 NMAC;

                    (5)     includes information about or indicates an association with persons who are not members of the firm, except as permitted pursuant to Section 14(i) of the Uniform Accountancy Act;

                    (6)     includes the terms “& company”, “& associate”, or “group”, but the firm does not include, in addition to the named partner, shareholder, owner, or member, at least one other licensee;

                    (7)     contains any representation that would be likely to cause a reasonable person to have a false or unjustified expectation of favorable results or capabilities, through the use of a false or unjustified statement of fact as to any material matter;

                    (8)     claims or implies the ability to influence a regulatory body or official;

                    (9)     includes the name of an owner whose certified public accountant license has been revoked for disciplinary reasons by the board, whereby the licensee has been prohibited from practicing public accountancy or prohibited from using the title CPA or holding himself out as a certified public accountant for more than 90 days after revocation of the license.

                B.            Permissible firm names:  The following types of CPA firm names are not in and of themselves misleading and are permissible:

                    (1)     a firm name or trade name that includes the names of one or more former or present owners;

                    (2)     a firm name or trade name that excludes the names of one or more former or present owners;

                    (3)     a firm name or trade name that uses the “CPA” title as part of the firm name when all named individuals are owners of the firm who hold such title or are former owners who held such title at the time they ceased to be owners of the firm;

                    (4)     a firm name or trade name that includes the name of a non-CPA owner if the “CPA” title is not a part of the firm name.

                C.            Name of firm formed as a single member limited liability company (LLC):  A firm which is organized as a single member LLC under the Limited Liability Company Act, Sections 53-19-1 to 53-19-74 NMSA 1978, or similar acts of other states may be required by the applicable LLC act to include the word “company” or “Co.” in its name.  For purposes of compliance with the act, the firm name shall not include more than one person’s name and shall not include “and”, “&” or a similar term with respect to “company” or “Co.” in a manner which would imply that there was more than 1 owner of the firm.

                D.            Network firms:  A network firm as defined in the AICPA code of professional conduct in effect July 1, 2011 may use a common brand name, or share common initials, as part of the firm name.  Such a firm may use the network name as the firm’s name, provided it also shares one or more of the following characteristics with other firms in the network:

                    (1)     common control, as defined by generally accepted accounting principles in the United States, among the firms through ownership, management, or other means;

                    (2)     profits or costs, excluding costs of operating the association, costs of developing audit methodologies, manuals and training course, and other costs that are immaterial to the firm;

                    (3)     common business strategy that involves ongoing collaboration among the firms whereby the firms are responsible for implementing the association’s strategy and are held accountable for performance pursuant to that strategy;

                    (4)     significant part of professional resources;

                    (5)     common quality control policies and procedures that participating firms are required to implement and that are monitored, as defined by peer review standards, by the association.

[16.60.4.9 NMAC - Rp 16 NMAC 60.4.10, 02-14-2002; A, 06-30-2008; A, 01-17-2013]

 

16.60.4.10             PEER REVIEW REQUIREMENTS:

                A.            Participation:  A firm seeking to obtain or renew a firm permit to engage in the practice of public accountancy in New Mexico must undergo a peer review at least once every 3 years beginning with initial firm permit application.  Peer review program objectives are established pursuant to Section 13L of the act to monitor compliance with applicable accounting and auditing standards adopted by generally recognized standard-setting bodies.  Emphasis is on education, including appropriate education programs or remedial procedures that may be recommended or required where reporting does not comply with appropriate professional standards.

                    (1)     Firms contracting to perform audits of state agencies as defined in the Audit Act must also comply with peer review standards applicable to those audits.

                    (2)     Participation is required of each firm registered with the board who performs accounting and auditing engagements, including but not limited to audits, reviews, compilations, attestations, forecasts, or projections.

                B.            Reporting to the board:  Within 90 days from the scheduled due date of the peer review for those administered by state societies and 150 days for all others, the firm must submit a copy of the interim or conditional or final acceptance letter or any combination of the above from the administering entity.  This must be accompanied by the letter of comments, the reviewer’s report, and other supporting documentation as requested by the board.

                    (1)     If within 90 days from the scheduled due date of the peer review for those administered by state societies and 150 days for all others the firm cannot provide the final acceptance letter, the firm must submit a letter to the board explaining its failure to comply.  The board may take disciplinary action for failure to comply.

                    (2)     Each holder of a board-issued firm permit shall schedule a review to commence no later than the end of their first year of operations.  Firms applying for their initial permit with a current (within the 3 years preceding initial application) peer review acceptance letter may submit that year’s acceptance letter in support of their initial application and shall then schedule and maintain a subsequent review for each successive 3-year review period thereafter.

                    (3)     Upon completion of the scheduled peer review, each firm shall schedule and maintain subsequent reviews for each successive 3-year period thereafter.  It is the responsibility of the firm to anticipate its needs for review services in sufficient time to enable completion and acceptance of the review within the requirement of each successive 3-year reporting period.

                    (4)     The board, at its sole discretion, may grant any reasonable extensions that it deems necessary.

                C.            Peer review program standards:

                    (1)     The board adopts the standards for performing and reporting on peer reviews or any successor standards for peer review promulgated by the American institute of certified public accountants (AICPA) as its minimum standards for review of practice firms.  This shall not require a membership in any specific administering entity or the AICPA.

                    (2)     Approved administering entities shall be AICPA, the national conference of CPA practitioners (NCCPAP), state CPA societies fully involved in the administration of the AICPA peer review program and such other entities which register with and are approved by the board on their adherence to the peer review minimum standards.

                    (3)     The board may, for cause, revoke approval of an administering entity.

[16.60.4.10 NMAC - Rp 16 NMAC 60.11.8 & 16 NMAC 60.11.9, 02-14-2002; A, 06-15-2004; A, 12-30-2005; A, 06-30-2008]

 

16.60.4.11             FIRM MERGERS, COMBINATIONS, DISSOLUTIONS, SEPARATIONS, OR PERMIT EXPIRATION/REQUEST FOR REINSTATEMENT:

                A.            In the event of a firm merger, combination, dissolution or separation, the firms must notify the board of changes in quality review cycles.

                    (1)     In the event that 2 or more firms are merged or sold and combined, the surviving firm shall retain the peer review year of the largest (based on accounting and auditing hours) firm.

                    (2)     In the event that a firm is divided, the firm(s) shall retain the review year of the former practice unit.  In the event that such review is due in less than 12 months, a review year shall be assigned so that the review occurs within 18 months of the commencement of the new firm(s).

                    (3)     In the event that a firm's permit expires/lapses due to non-renewal, the firm shall retain the year of the previously established firm peer review reporting completion dates.  Peer review completion with a supporting acceptance letter shall be required to support any reinstatement application request.

                    (4)     The firm must notify the board within 20 days of an extension, approved by the administering entity, as a result of a merger, combination, dissolution, or separation.  Extension may not exceed 180 days.

                B.            Hardship Exceptions:  The board may make exceptions to the requirements set out in this section for hardships.  All hardship requests must be in writing, setting forth detailed reasons for the request, and must be submitted no later than 6 months prior to expected completion date of the peer review.

                C.            Exemptions:  A firm which does not perform accounting and/or auditing engagements, including but not limited to audits, reviews, compilations, attestations, forecasts, or projections is exempt from the peer review program and shall re-certify annually to the board as to this exempt status as part of the firm permit renewal process.  A previously exempt firm which begins providing the above described services must initiate and complete a review within 18 months of the date the services were first provided.

                D.            Procedures for an administering entity.

                    (1)     To qualify as an administering entity, an organization must submit a peer review administration plan to the board for review and approval.  The plan of administration must:

                              (a)     establish a peer review committee (PRC) and subcommittees as needed, and provide professional staff as needed for the operation of the peer review programs;

                              (b)     establish a program to communicate to firms participating in the peer review program the latest developments in peer review standards and the most common findings in the peer reviews conducted by the administering entity;

                              (c)     establish procedures for resolving any disagreement which may arise out of the performance of a peer review;

                              (d)     establish procedures to evaluate and document the performance of each reviewer and conduct hearings which may lead to the disqualification of a reviewer who does not meet the AICPA standards; and

                              (e)     require the maintenance of records of peer reviews conducted under the program in accordance with the records retention rules of the AICPA.

                    (2)     A peer review committee (PRC) is comprised exclusively of CPAs practicing public accountancy and formed by an administering entity for the purpose of accepting peer review reports submitted by firms on peer review engagements.

                    (3)     Each member of a PRC must be active in the practice of public accountancy at a supervisory level in the accounting or auditing function while serving on the committee.  The member’s firm must be enrolled in an approved practice-monitoring program and have received an unmodified report on its most recent peer review.  A majority of the committee members must satisfy the qualifications required of on-site peer review team captains as established and reported in the AICPA standards for performing and reporting on peer reviews.

                    (4)     The PRC members’ terms shall be staggered to provide for continuity.

                    (5)     A PRC member may not concurrently serve as a member of his state’s board of accountancy.

                    (6)     A PRC member may not participate in any discussion or have any vote with respect to a reviewed firm when the committee member lacks independence of or has a conflict of interest with the firm.

                    (7)     A PRC decision to accept a report must be made by a majority of a quorum of members.

                    (8)     Responsibilities of peer review committee. The PRC shall:

                              (a)     establish and administer the administering entities’ peer review program in accordance with the AICPA standards for performing and reporting on peer reviews;

                              (b)     when necessary in reviewing reports on peer reviews, prescribe actions designed to assure correction of the deficiencies in the reviewed firm’s system of quality control policies and procedures;

                              (c)     monitor the prescribed remedial and corrective actions to determine compliance by the reviewed firm;

                              (d)     resolve instances in which there is a lack of cooperation and disagreement between the committee and review teams or reviewed firms in accordance with the administering entities adjudication process;

                              (e)     promptly act upon requests from firms for changes in the timetable of their review;

                              (f)     appoint members to subcommittees and task forces as necessary to carry out its functions;

                              (g)     establish and perform procedures for insuring that reviews are performed and reported on in accordance with the AICPA standards for performing and reporting on peer reviews;

                              (h)     establish a report acceptance process which facilitates the exchange of viewpoints among committee members; and

                              (i)     provide to the board administrative statistical reports regarding their peer review program as requested.

                E.            Disciplinary Action.

                    (1)     The board shall take disciplinary action against a firm for failure to comply with peer review requirements.  Actions may include, but are not limited to, remedial and corrective procedures, fines, and denial of firm registration.

                    (2)     In the event a firm is unwilling or unable to comply with established standards, or a firm’s professional work is so egregious as to warrant disciplinary action, the board shall take appropriate action to protect the public interest.

                    (3)     A copy of the peer review acceptance letter from the administering entity must be submitted to the board office no later than 90 days after the scheduled date for the peer review as determined by the administering entity.

                              (a)     For each day the firm is delinquent in submitting the acceptance letter, the board may assess a fine of $10 per day not to exceed $1,000.

                              (b)     If a peer review acceptance letter is submitted more than 100 days late, a notice of contemplated action may be issued against all licensees listed on the most recent firm permit renewal application as owners of the firm.

                    (4)     If an extension for completion of a peer review is granted by the administering entity, the board shall also accept this extension, provided that the firm provides the board office with documentation of the extension from the administering entity.

                F.            Privileged information:  A report, statement, memorandum, transcript, funding record, or working paper prepared for and an opinion formulated in connection with any positive enforcement or peer review is privileged information held by the administering entity and may not be subject to discovery, subpoena, or other means of legal compulsion for release to any person and is not admissible as evidence in any judicial or administrative proceeding except for a board hearing.

                G.            Peer review continuing professional education (CPE) credit:  The board will allow a firm up to a total of 24 hours of CPE credits for its CPAs.  These hours shall be allocated by the firm to participating firm CPAs and must be used in the calendar year of the acceptance letter.

                    (1)     Firms having an engagement or report peer review will be allowed up to 12 hours of CPE credits.

                    (2)     Firms having a system peer review will be allowed up to 24 hours of CPE credits.

                    (3)     Firms having a system peer review at a location other than the firm’s office shall be considered a system peer review and will be allowed up to 12 hours of CPE credits.

                    (4)     The firm will report to the board the peer review CPE credit allocation listing individual firm CPAs and the number of credits allotted to each CPA.  Individual CPAs receiving credit based upon a firm's report to the board may submit firm-reported hours in their annual CPA report forms to the board.  If CPE credits will not be used, no firm report will be necessary.

[16.60.4.11 NMAC - Rp 16 NMAC 60.4.10 through 60.4.16, 02-14-2002; A, 01-15-2004]

 

HISTORY OF 16.60.4 NMAC:

 

History of Repealed Material:

16 NMAC 60.4, Public Accountants - Certification; Experience Requirements and Procedures, filed 09-27-95 and 16 NMAC 60.11, Public Accountants - Peer Review Requirements, filed 02-27-98, repealed effective 02-14-2002.

 

Other History:

16 NMAC 60.4, Public Accountants - Certification; Experience Requirements and Procedures, filed 09-27-95 and 16 NMAC 60.11, Public Accountants - Peer Review Requirements, replaced by 16.60.4 NMAC, Firm Permit, Peer Review Requirements, and Business Name Prohibitions, effective 02-14-2002.

 

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 60     PUBLIC ACCOUNTANTS

PART 5                 CODE OF PROFESSIONAL CONDUCT

 

16.60.5.1               ISSUING AGENCY:  State of New Mexico Public Accountancy Board.

[16.60.5.1 NMAC - Rp 16 NMAC 60.7.1, 02-14-2002]

 

16.60.5.2               SCOPE:  This part applies to the code of professional conduct as promulgated under the authority granted by applicable New Mexico statutes, which delegates to the State of New Mexico Public Accountancy Board the power and duty to prescribe rules of professional conduct for establishing and maintaining high standards of competence and integrity in the profession of public accountancy.

[16.60.5.2 NMAC - Rp 16 NMAC 60.7.2, 02-14-2002]

 

16.60.5.3               STATUTORY AUTHORITY:  Public Accountancy Act, Sections 61-28B-1 to 61-28B-29 NMSA 1978.

[16.60.5.3 NMAC - Rp 16 NMAC 60.7.3, 02-14-2002]

 

16.60.5.4               DURATION:  Permanent.

[16.60.5.4 NMAC - Rp 16 NMAC 60.7.4, 02-14-02]

 

16.60.5.5               EFFECTIVE DATE:  February 14, 2002, unless a later date is cited at the end of a section.

[16.60.5.5 NMAC - Rp 16 NMAC 60.7.5, 02-14-2002]

 

16.60.5.6               OBJECTIVE:  The code of professional conduct prescribes the obligation that persons engaged in the practice of public accountancy have to their clients and to the public to maintain independence of thought and action; to strive continuously to improve one’s thought and action; to strive continuously to improve one’s professional skills; to observe, where applicable, generally accepted accounting principles and generally accepted auditing standards; to promote sound and informative financial reporting; to hold the affairs of clients in confidence; to uphold the standards of the public accountancy profession; and to maintain high standards of personal conduct in all matters affecting one’s fitness to practice public accountancy.

[16.60.5.6 NMAC - Rp 16 NMAC 60.7.6, 2-14-2002]

 

16.60.5.7               DEFINITIONS:  [RESERVED]

[16.60.5.7 NMAC - Rp 16NMAC 60.7.7, 02-14-2002]

 

16.60.5.8               DUTY TO ABIDE BY CODE OF PROFESSIONAL CONDUCT:

                A.            In addition to its own rules of conduct, the board adopts the American institute of certified public accountants’ (AICPA) professional standards: code of professional conduct.  All certified public accountants and registered public accountants holding a current certificate and all holders of firm permits shall comply with the board’s rules of conduct and the AICPA code of professional conduct or any successor code of professional conduct promulgated by AICPA in meeting and maintaining their responsibilities and requirements of ethical and professional conduct in the practice of public accountancy.  This code of professional conduct is on file and available for review at the offices of the board and is available from AICPA.

                B.            By accepting licensure to engage in the practice of public accountancy or to use titles which imply a particular competence so to engage, the licensee also accepts the obligations of the profession and the duty to abide by the board’s rules of conduct and the AICPA code of professional conduct.

                C.            Any departure from either the rules of conduct or the code of conduct must be justified, and individuals who do not adhere to them may be subject to board disciplinary action.

[16.60.5.8 NMAC - Rp 16 NMAC 60.7.6, 02-14-2002]

 

16.60.5.9               BOARD DISCIPLINARY ACTION:

                A.            Any licensee whose certificate or firm permit issued by the board is subsequently suspended or revoked shall promptly return such certificate/license to be board.

                B.            Decisions by the board following hearings under the Uniform Licensing Act and the Public Accountancy Act will, if a charge is sustained, be made public.

                    (1)     Decisions that do not sustain a charge or are subject to agreement in lieu of a hearing may be made public at the board’s discretion.

                    (2)     A list of all individuals whose licenses have been suspended or revoked will be published on quarterly basis in a newspaper of general circulation as well as in the newspaper of circulation closest to the individual’s place of business.

[16.60.5.9 NMAC - N, 02-14-2002; A, 01-15-2004]

 

16.60.5.10             BOARD AUTHORITY TO REVIEW DOCUMENTS:  The board may solicit and receive publicly available reports and related financial statements from clients, public agencies, banks, and other users of financial statements of certificate holders/licensees and firm-permit holders and individuals with privileges under the act on a general and random basis without regard to whether an application for renewal of the particular licensee is then pending or whether there is any formal complaint or suspicion of impropriety on the part of any particular licensee or individual. The board may review such reports and otherwise proceed with respect to the results of any such review under provisions, authorities, and remedies of the act.

[16.60.5.10 NMAC - N, 02-14-2002]

 

16.60.5.11             RULES OF CONDUCT:  In addition to abiding by the AICPA code of professional conduct, New Mexico CPA/RPA certificate/license holders shall abide by the following board rules:

                A.            Rule 901 - Responses to board communications.  An individual certificate/license or firm permit holder shall, when requested, substantively and honestly respond in writing to all communications from the board requesting a response within 30 days of the mailing of such communications by registered or certified mail to the last address furnished the board by the applicant, certificate or registration holder.

                    (1)     Failure to respond substantively and honestly to written board communications or failure to furnish requested documentation or working papers constitutes conduct indicating lack of fitness to serve the public as a professional accountant and shall be grounds for disciplinary action.

                    (2)     Each applicant, certificate or firm permit holder and each person required to be registered with the board under the act shall notify the board, in writing, of any and all changes in such person's mailing address and the effective date thereof within 30 days before or after such effective date.

                B.            Rule 902 - Reportable events.  A licensee shall report in writing to the board the occurrence of any of the following events within 30 days of the date the licensee had knowledge of these events:

                    (1)     Receipt of a final peer review report indicating “pass with deficiencies” or “fail” or a public company accounting oversight board (PCAOB) firm inspection report containing deficiencies or identifying potential defects in the quality control systems.  For the purposes of Subsection B of 16.60.5.11 NMAC, “deficiency reports” are reports indicating either “pass with deficiencies” or “fail” as defined in the AICPA peer review standards.

                    (2)     Receipt of a second consecutive deficiency peer review report.

                    (3)     Imposition upon the license of discipline, including, but not limited to, censure, reprimand, sanction, probation, civil penalty, fine, consent decree or order, suspension, revocation, or modification of a license, certificate, permit, or practice rights by:

                              (a)     the securities and exchange commission (SEC), the PCAOB, or the internal revenue service (IRS); or

                              (b)     another state board of accountancy for any cause other than failure to pay a professional license fee by the due date or failure to meet the continuing professional education requirements of another state board of accountancy; or

                              (c)     any other federal or state agency regarding the licensee’s conduct while rendering professional services; or

                              (d)     any foreign authority or credentialing body that regulates the practice of accountancy.

                    (4)     The occurrence of any matter reportable that must be reported by the licensee to the PCAOB pursuant to Sarbanes Oxley Action Section 102(b)(2)(f) and PCAOB Rules and forms adopted pursuant thereto.

                    (5)     Notice of disciplinary charges filed by the SEC, the PCAOB, the IRS, or another state board of accountancy, or a federal or state taxing, insurance or securities regulatory authority, or a foreign authority or credentialing body that regulates the practice of accountancy.

                    (6)     Unless prohibited by the terms of the agreement, any judgment, award or settlement of a civil action or arbitration proceeding of $150,000 or more in which the licensee was a party if the matter included allegations of gross negligence, violation of specific standards of practice, fraud, or misappropriation of funds in the practice of accounting; provided, however, licensed firms shall only notify the board regarding civil judgments, settlements, or arbitration awards directly involving the firm’s practice of public accounting in this state.

                    (7)     Criminal charges, deferred prosecution or conviction or plea of no contest to which the licensee is a defendant if the crime is:

                              (a)     any felony under the laws of the United States or of any state of the United States or any foreign jurisdiction; or

                              (b)     a misdemeanor if an essential element of the offense is dishonesty, deceit, or fraud.

                C.            Rule 903 - Frivolous complaints.  An individual certificate/license or firm permit holder who, in writing to the board, accuses another certificate/license or firm permit holder of violating the act or board rules shall assist the board in any investigation or prosecution resulting from the written accusation.  Failure to do so, such as not appearing to testify at a hearing or to produce requested documents necessary to the investigation or prosecution, without good cause, is a violation of this rule.

                D.            Rule 904 - Compliance with the Parental Responsibility Act.  If an applicant for a certificate/license or a CPA or RPA certificate/license or firm permit holder is identified by the state of New Mexico human services department (HSD) as not in compliance with a judgment and order for support, the board or its legally authorized designee shall: deny an application for a license; deny the renewal of a license; have grounds for suspension or revocation of a license; and shall initiate a notice of contemplated action under provisions of the Uniform Licensing Act.

                    (1)     If an applicant or licensee disagrees with the determination of non-compliance, or wishes to come into compliance, the applicant or licensee should contact the HSD child support enforcement division.  An applicant or licensee can provide the board with a subsequent statement of compliance, which shall preclude the board from taking any action based solely on the prior statement of non-compliance from HSD.

                    (2)     When a disciplinary action is taken under this section solely because the applicant or licensee is not in compliance with a judgment and order for support, the order shall state that the application or license shall be reinstated upon presentation of a subsequent statement of compliance.  The board may also include any other conditions necessary to comply with board requirements for reapplications or reinstatement of lapsed licenses.

                E.            Rule 905 - Specialty designations.  A CPA/RPA certificate/license holder may only represent a claim of special expertise through the use of "specialty designations" in conjunction with the CPA/RPA designation if the specialty designation is:

                    (1)     consistent with designations prescribed by national or regional accreditation bodies offering the designations pursuant to a prescribed course of study, experience, or examination, and

                    (2)     cannot be construed by the public or clients of the CPA/RPA practitioner to be a false fraudulent, misleading, or deceptive claim unsubstantiated by fact.

[16.60.5.11 - Rp 16 NMAC 60.7, 16 NMAC 60.9, and 16 NMAC 60.10, 02-14-2002; A, 06-30-2008; A, 01-01-2011; A, 01-17-2013]

 

16.60.5.12             CONFLICT OF INTEREST PROVISIONS:

                A.            A licensee shall not perform services for a client if the performance of such services will be directly or substantially adverse to another client unless:

                    (1)     the licensee reasonably believes the performance of such services for one client will not adversely affect the relationship with the other client; and

                    (2)     after consultation, each client consents in writing to allow the licensee to provide services to the other client.

                B.            Divorce proceedings, business dissolutions, and similar transactions are deemed to be directly or substantially adverse to a client.

                C.            A licensee shall not perform services for a client if the licensee’s ability to perform such services may be materially limited by his responsibilities to another client or a third person or by his own interests unless:

                    (1)     the licensee reasonably believes the performance of services will not adversely affect the relationship with the client;

                    (2)     the relationship is disclosed to the client; and

                    (3)     the client consents in writing after consultation.

                D.            A licensee shall not enter into a business transaction with a client for services other than public accountancy or knowingly acquire an ownership, security or other pecuniary interest adverse to a client unless:

                    (1)     the transaction and terms on which the licensee acquires the interest are fair and reasonable to the client;

                    (2)     the terms are fully disclosed and transmitted in writing to the client in a manner that can be reasonably understood by the client;

                    (3)     the client is given a reasonable opportunity to seek the advice of independent counsel in the transaction; and

                    (4)     the client consents in writing thereto.

                E.            A licensee shall not use information relating to the performance of services for a client to the disadvantage of the client.

                F.            A licensee who performs services for two or more clients involved in a dispute shall not participate in making an aggregate settlement of the claims of or against the clients unless each client consents in writing after consultation.  Consultation shall include disclosure of the existence and nature of all the claims or pleas involved and of the participation of each party involved in the settlement.

[16.60.5.12 NMAC - N, 05-15-2006; A, 1-1-2007]

 

HISTORY OF 16.60.5 NMAC:

Pre-NMAC History:  Material in the part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives;

BPA 84-1, Code of Professional Conduct, filed 07-09-84.

BPA 95-1, Board; Powers and Duties, filed 04-21-95.

 

History of Repealed Material:

16 NMAC 60.7, Code of Professional Conduct, filed 09-27-95; 16 NMAC 60.9, Specialty Designations, filed 09-27-95; and 16 NMAC 60.10, Parental Responsibility Act, filed 09-27-95, repealed effective 02-14-2002.

 

Other History:

16 NMAC 60.7, Code of Professional Conduct, filed 09-27-95; 16 NMAC 60.9, Specialty Designations, filed 09-27-95; and 16 NMAC 60.10, Parental Responsibility Act, filed 09-27-95, replaced by 16.60.5 NMAC, Code of Professional Conduct effective 02-14-2002.

 

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 1                 GENERAL PROVISIONS

 

16.62.1.1               ISSUING AGENCY Regulation and Licensing Department, NM Real Estate Appraisers Board.

[1/14/00; 16.62.1.1 NMAC - Rn, 16 NMAC 62.1.1, 09/13/2004; A, 01/01/2015]

 

16.62.1.2               SCOPE:  All trainee real estate appraisers, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[1/14/00; 16.62.1.2 NMAC - Rn & A, 16 NMAC 62.1.2, 09/13/2004; A, 01/01/2015]

 

16.62.1.3               STATUTORY AUTHORITY:  These rules are promulgated pursuant to the real estate appraisers board, Sections 61-30-1, 3, 7 and 16 NMSA 1978 as amended.

[1/14/00; 16.62.1.3 NMAC - Rn, 16 NMAC 62.1.3, 09/13/2004]

 

16.62.1.4               DURATION:  Permanent.

[1/14/00; 16.62.1.4 NMAC - Rn, 16 NMAC 62.1.4, 09/13/2004]

 

16.62.1.5               EFFECTIVE DATE:  January 14, 2000, unless a later date is cited at the end of a section.

[1/14/00; 16.62.1.5 NMAC - Rn & A, 16 NMAC 62.1.5, 09/13/2004]

 

16.62.1.6               OBJECTIVE:  This part provides definitions used in the regulations, adopts FIRREA and the uniform standards professional appraisal practice (USPAP), provides for inspection of board records and telephonic attendance at meetings by board members.

[1/14/00; 16.62.1.6 NMAC - Rn & A, 16 NMAC 62.1.6, 09/13/2004]

 

16.62.1.7               DEFINITIONS:  The following rules and regulations are for the purpose of implementing the provisions of the New Mexico Real Estate Appraisers Act.

                A.            Terms starting with the letter ‘A’ are defined as follows:

                                (1)           “Acceptable” appraisal experience includes, but is not limited to the following:  fee and staff appraisal, ad valorem tax appraisal, review appraisal, market analysis, real estate counseling/consulting, highest and best use analysis and feasibility analysis.  All experience claimed must be obtained after January 30, 1989, and must be in conformance with applicable national uniform standards of professional appraisal practice (USPAP).  Appraisal experience acceptable toward licensing or certification must have been gained under the supervision of an appraiser who is certified at a level equal to or greater than the license or certificate the applicant is seeking.

                                (2)           “Appraisers act” or “act” means the New Mexico Real Estate Appraisers Act as defined in Section 61-30-1 NMSA 1978.

                                (3)           “Appraisal management company (AMC)” means a corporation, partnership, sole proprietorship, subsidiary, limited liability company or other business entity that:

                                                (a)           contracts with independent appraisers to perform real estate appraisal services for clients;

                                                (b)           receives requests for real estate appraisal services from clients and for a fee paid by client, enters into an agreement with one of more independent appraisers to perform the real estate appraisal services contained in the request;

                                                (c)           otherwise serves as a third-party broker of appraisal management service between clients and appraiser.

                                (4)           “Appraisal review” is the act or process of developing and communicating an opinion about the quality of another appraiser’s work that was performed as part of an appraisal, or an appraisal review.

                                (5)           “Assignment” means one or more real estate appraisals and written appraisal report(s) covered by a single contractual agreement for a specified number of properties.

                B.            Terms starting with the letter ‘B’.  [RESERVED]

                C.            Terms starting with the letter ‘C’ are defined as follows:

                                (1)           “Complaint committee” shall be appointed by the board.  The chairperson of the committee shall be an appraiser board member.  The board appointed complaint committee is for the purpose of review of complaints and shall make recommendations to the board as to its findings.  No real estate appraiser organization shall have a majority membership on the committee.

                                (2)           “Complex” means a one to four family residential property appraisal in which the property to be appraised, the form of ownership, or the market conditions are atypical.

                                (3)           “Content approval for distance education” non-academic credit college courses provided by a college shall be approved by the appraiser qualifications board (AQB) and the New Mexico real estate appraisers board.

                D.            Terms starting with the letter ‘D’ are defined as follows:  “Duly made application” means an application to the New Mexico real estate appraisers board including Subparagraphs (a) through (g) set out below, in addition to any other requirements of the board:

                                (1)           a completed application on the form provided by the board; the form must be signed by the applicant attesting to the truthfulness of the information provided in the application; electronic signatures shall be acceptable;

                                (2)           letters of verification from at least three individuals who are not related to the applicant but who are acquainted personally and professionally with him/her and who can attest that the applicant is of good moral character; and is competent;

                                (3)           a statement attesting that he/she is a native, a naturalized citizen or a legal resident of the United States;

                                (4)           transcripts or certificates or statements showing successful completion of the required appraisal courses;

                                (5)           a recent photograph of the applicant in which the applicant clearly is discernible; the photograph must be at least two inches by three inches in size;

                                (6)           a check or money order for the fees set out in 16.62.12.8 NMAC;

                                (7)           an appraiser experience log recorded on the forms approved by the board or on another approved form, if required.

                E.            Terms starting with the letter ‘E’ are defined as follows:

                                (1)           “Education advisory committee” shall be appointed by the board for the purpose of review of applications for course approval and sponsorship approval of appraiser educational offerings and shall make recommendations to the board as to its findings.  Membership in a professional organization or association shall not be a prerequisite to serve on the committee.  No real estate appraiser organization shall have a majority membership on the committee.

                                (2)           “Ethics rule” emphasizes the personal and professional obligations and responsibilities of the individual appraiser.

                                (3)           “Experience” is defined as verifiable time spent in performing tasks in accordance with the definition of “appraisal” and “appraisal assignment”, as stated in the act, Section 61-30-3, NMSA 1978.  Such tasks include inspecting and analyzing properties; assembling and analyzing relevant market data; forming objective opinions as to the value, quality or utility of such properties; and preparing reports or file memoranda showing data, reasoning and conclusions.  Professional responsibility for the valuation function is essential for experience credit.

                                (4)           “Experience” will be submitted to the board in the form of a log, which indicates assignment information and type, compensation status, time spent on the assignment and whether the applicant signed the report.  Experience credit claimed on the log must be attested to by the supervising appraiser.  Experience logs are subject to review and request for supporting documentation.

                                (5)           “Experience review process” is the method by which appraiser experience is approved for credit toward licensure or certification.  The process includes the review of the experience log submitted by the applicant; selection of three or more entries for review of the reports and any additional file memoranda; and approval of experience hours claimed and conformance of reports with applicable national uniform standards of professional appraisal practice (USPAP) standards.

                F.             Term starting with the letter ‘F’ is defined as follows:  “FIRREA” means the Financial Institutions Reform, Recovery and Enforcement Act of 1989, and its amendments.

                G.            Terms starting with the letter ‘G”.  [RESERVED]

                H.            Terms starting with the letter ‘H’.  [RESERVED]

                I.             Terms starting with the letter ‘I’.   “IDECC” – international distance education certification center.

                J.             Terms starting with the letter ‘J’.  [RESERVED]

                K.            Terms starting with the letter ‘K’.  [RESERVED]

                L.            Terms starting with the letter ‘L’ are defined as follows:

                                (1)           “Licensee” means a trainee, license, residential certificate or general certificate.

                                (2)           “Location” means the offices of the New Mexico real estate appraisers board will be located in Santa Fe, New Mexico.

                M.           Term starting with the letter ‘M’ is defined as follows:  “Module” is an appraisal subject matter area (and required hours of coverage) as identified in the required core curriculum.  All modules identified in the required core curriculum for a specific classification must be successfully completed to satisfy the educational requirements as set forth in the appraiser qualifications board (AQB) real property appraiser qualification criteria.

                N.            Term starting with the letter ‘N’ is defined as follows:   “Nonresident appraiser” for the purpose of 61-30-20 of the New Mexico Real Estate Appraisers Act, nonresident applicants; reciprocity, means an individual who holds a current  trainee registration, license, or certificate, and is in good standing, in another state.

                O.            Terms starting with the letter ‘O’.  [RESERVED]

                P.             Terms starting with the letter ‘P’ are defined as follows:

                                (1)           “Practicing appraiser” means a state licensed or certified appraiser in good standing, engaged in performing appraisal assignments.

                                (2)           “Primary business location” means the geographical location of a business where the supervisor and trainee spend the majority of their time.  A trainee may perform work only in areas where the supervising appraiser has competency pursuant to USPAP.

                Q.            Terms starting with the letter ‘Q’.  [RESERVED]

                R.            Term starting with the letter ‘R’ is defined as follows: “Required core curriculum” is a set of appraisal subject matter (known as ‘modules’) which require a specified number of educational hours at each credential level; as set forth in the appraiser qualifications board (AQB) real property appraiser qualification criteria.

                S.             Term starting with the letter ‘S’ is defined as follows: “Supervisor” means a certified residential or certified general appraiser in good standing in the training jurisdiction and not subject to any disciplinary action within the last three (3) years that affects the supervisor’s legal ability to engage in appraisal practice.

                T.            Term starting with the letter ‘T’ is defined as follows: “Trainee” means an individual taught to become a state licensed or certified appraiser under the direct supervision of a supervising appraiser.

                U.            Term starting with the letter ‘U’ is defined as follows:  “Uniform standards of professional appraisal practice” (USPAP) means the uniform standard or the profession standard promulgated by the appraisal standards board of the appraisal foundation and adopted by rules pursuant to the Real Estate Appraiser Act and deals with the procedures to be followed in which an appraisal, analysis, or opinion is communicated.

                V.            Terms starting with the letter ‘V’.  [RESERVED]

                W.           Term starting with the letter ‘W’ is defined as follows:  “Work file” is documentation necessary to support an appraiser’s analyses, opinions, and conclusions.

                X.            Terms starting with the letter ‘X’.  [RESERVED]

                Y.            Terms starting with the letter ‘Y’.  [RESERVED]

                Z.            Terms starting with the letter ‘Z’.  [RESERVED]

[1/14/00; 16.62.1.7 NMAC - Rn & A, 16 NMAC 62.1.7, 09/13/2004; A, 11/25/06; A, 06/13/08; A, 11/15/08; A, 10/16/2009; A, 08/21/2010; A, 7/10/2011; A, 01/01/2015]

 

16.62.1.8               STANDARDS OF PROFESSIONAL PRACTICE, CODE OF PROFESSIONAL RESPONSIBILITY AND ADOPTION OF FIRREA:

                A.            The national uniform standards of professional appraisal practice (USPAP) as promulgated by the appraisal standards board of the appraisal foundation, and adopted and incorporated by reference are the minimum requirements.  The appraisal standards board's code of professional responsibility, are the minimum professional and ethical standards that will govern appraisers practicing in New Mexico.

                B.            The Financial Institutions Reform, Recovery and Enforcement Act (FIRREA, 12 U.S.C. 3351) and its current amendments are adopted and incorporated into these regulations by reference.

                C.            Pursuant to Title XI of FIRREA, as amended by the Dodd-Frank Act of 2010, the board shall:

                                (1)           designate a high ranking officer, such as a board administrator, who will serve as the state’s authorized registry official (SARO), and must ensure that non-public data is appropriately protected;

                                (2)           provide to the ASC, in writing, information regarding the se­lected authorized registry official, and any individual(s) authorized to act on their behalf, and should ensure that the authorization information provided to the ASC is kept current; and

                                (3)           adopt and implement a written policy to adequately protect the right of access.

[1/14/00; 16.62.1.8 NMAC - Rn & A, 16 NMAC 62.1.8, 09/13/2004; A, 11/25/06; A, 01/01/2015]

 

16.62.1.9               INSPECTION OF BOARD RECORDS:  Except as otherwise provided by law or protected by public records shall be available for inspection in accordance with the provisions of the Inspection of Publics Records Act (IPRA), NMSA 1978, Sections 14-2-1 through -12, (1974, as amended through 2009).  Cost will be determined by regulation and licensing department standard IPRA fees.

[1/14/00; 16.62.1.9 NMAC - Rn, 16 NMAC 62.1.9, 09/13/2004; A, 10/16/2009]

 

16.62.1.10             SEVERABILITY:  The provisions of these regulations are severable.  If any part of the regulations is held invalid by a court of competent jurisdiction, the remaining provisions shall remain in force and effect, unless otherwise determined by a court of competent jurisdiction.

[1/14/00; 16.62.1.10 NMAC - Rn, 16 NMAC 62.1.10, 09/13/2004]

 

16.62.1.11             TELEPHONIC ATTENDANCE BY BOARD MEMBERS:

                A.            Pursuant to the provisions of the Open Meetings Act, NMSA 1978, Sections 10-15-1 through -4, (1974, as amended through 2009) board members may participate in a meeting of the board by means of a conference telephone or similar communications equipment, and participation by such means shall constitute presence in person at the meeting.  However, such participation by telephone may only occur when it is difficult or impossible, i.e., when circumstances beyond the member's control would make attendance in person extremely burdensome.

                B.            Each board member participating by conference telephone must be identified when speaking and all participants must be able to hear each other at the same time, and members of the public attending the meeting must be able to hear any member of the public who speaks during the meeting.

[1/14/00; 16.62.1.11 NMAC - Rn, 16 NMAC 62.1.11, 09/13/2004; A, 10/16/2009]

 

16.62.1.12             SUPERVISING APPRAISER/TRAINEE:  [RESERVED]

[16.62.1.12 NMAC - N, 06/13/08; A, 10/16/2009; A, 08/21/2010; Repealed, 01/01/2015]

 

16.62.1.13             KNOWLEDGE OF THE RULES:  All appraisers shall have knowledge of the board rules and by acceptance to licensure shall agree to abide by these rules.

[16.62.1.13 NMAC - N, 10/16/2009]

 

16.62.1.14             APPRAISAL MANAGEMENT COMPANIES:

                A.            An appraiser may not perform an appraisal for an appraisal management company (AMC) unless that company is registered pursuant to the Appraisal Management Company Registration Act 47-14-1 NMSA 1978.

                B.            In the body of an appraisal report completed for an AMC, the appraiser must include:

                                (1)           the required minimum information contained within the engagement letter as set forth in AMC 16.65.2.12 NMAC; a copy of the engagement letter will meet this requirement;

                                (2)           any additional scope of work requirements.

                C.            An appraiser engaged with an AMC must provide the AMC with their combined reporting system (CRS) identification number.

[16.62.1.14 NMAC - N, 08/21/2010; A, 01/16/2011]

 

HISTORY OF 16.62.1 NMAC:

Pre-NMAC Regulatory Filing History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

REAB Rule 1, Purpose of Rules; Office Location; Definitions, filed 11/29/90.

REAB Rule 1, Amendment 1, Purpose of Rules; Office Location; Definitions, filed 8/18/92.

Rule 1, Purpose of Rules; Office Location; Definitions, filed 4/6/93.

Rule 1, Purpose of Rules; Office Location; Definitions, filed 1/28/94.

Rule 1, Purpose of Rules; Office Location; Definitions, filed 10/2/95.

REAB Rule 2, Standards of Professional Practice, Code of Professional Responsibility and Adoption of FIRREA, filed 11/29/90.

Rule 2, Standards of Professional Practice, Code of Professional Responsibility and Adoption of FIRREA, filed 1/28/94.

REAB Rule 18, Inspection of Board Records, filed 11/29/90.

Rule 19, Inspection of Board Records, filed 4/6/93.

Rule 19, Inspection of Board Records, filed 1/28/94.

REAB Rule 20, Severability, filed 11/29/90.

Rule 21, Severability, filed 4/6/93.

Rule 22, Telephonic Attendance by Board Members, filed 8/2/95.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 1, Purpose of Rules; Office Location; Definitions (filed 10/2/95); Rule 2, Standards of Professional Practice, Code of Professional Responsibility and Adoption of FIRREA (filed 1/28/94); Rule 19, Inspection of Board Records (filed 1/28/94); Rule 21, Severability (filed 4/6/93); Rule 22, Telephonic Attendance by Board Members (filed 8/2/95) were all renumbered, reformatted and replaced by 16 NMAC 62.1, Real Estate Appraisers - General Provisions, effective 1/14/2000.

16 NMAC 62.1, Real Estate Appraisers - General Provisions (filed 12/29/1999) was renumbered, reformatted, amended, and replaced by 16.62.1 NMAC, Real Estate Appraisers - General Provisions, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 2                 APPLICATION FOR APPRENTICE

 

16.62.2.1               ISSUING AGENCY Regulation and Licensing Department, NM Real Estate Appraisers Board.

[1/14/00; 16.62.2.1 NMAC - Rn, 16 NMAC 62.2.1, 09/13/2004; A, 01/01/2015]

 

16.62.2.2               SCOPE:  All trainee real estate appraisers, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[1/14/00; 16.62.2.2 NMAC - Rn & A, 16 NMAC 62.2.2, 09/13/2004; A, 01/01/2015]

 

16.62.2.3               STATUTORY AUTHORITY:  These rules are promulgated pursuant to the real estate appraisers board, Sections 61-30-7, 10, 10.1, 13 and 14 NMSA 1978 as amended.

[1/14/00; 16.62.2.3 NMAC - Rn, 16 NMAC 62.2.3, 09/13/2004]

 

16.62.2.4               DURATION:  Permanent.

[1/14/00; 16.62.2.4 NMAC - Rn, 16 NMAC 62.2.4, 09/13/2004]

 

16.62.2.5               EFFECTIVE DATE:  January 14, 2000, unless a later date is cited at the end of a section.

[1/14/00; 16.62.2.5 NMAC - Rn & A, 16 NMAC 62.2.5, 09/13/2004]

 

16.62.2.6               OBJECTIVE:  This part provides requirements for making application for apprenticeship as a real estate appraiser trainee.

[1/14/00; 16.62.2.6 NMAC - Rn & A, 16 NMAC 62.2.6, 09/13/2004; A, 01/01/2015]

 

16.62.2.7               DEFINITIONS:  Prior to 09/13/2004, all “apprentice real estate appraisers” were designated as “registered real estate appraisers”.  After 01/01/2015, all “apprentice real estate appraisers” were designated “trainee real estate appraisers”.

[1/14/00; 16.62.2.7 NMAC - Rn & A, 16 NMAC 62.2.7, 09/13/2004; A, 01/01/2015]

 

16.62.2.8               TRAINEE:  A holder of a trainee registration, but not a license or certificate, is authorized to prepare appraisals of all types of real estate or real property, provided such appraisals are not described or referred to as "state licensed" or "state certified" and provided further, the trainee appraiser does not assume or use any title, designation or abbreviation likely to create the impression that he/she is a state-licensed or state-certified real estate appraiser.  Trainees are not qualified to perform under FIRREA, Title XI.  An applicant for trainee real estate appraiser registration in the state of New Mexico must:

                A.            be a legal resident of the United States;

                B.            have reached the age of majority;

                C.            within the five (5) year period preceding the application, prove successful completion of real estate appraisal education of at least 75 board-approved classroom hours; real estate appraisal education programs completed for credit toward this requirement shall include coverage of the following topics, with emphasis on ethics, and basic appraisal principles and procedures in:  basic appraisal principles - 30 hours; basic appraisal procedures - 30 hours; and the 15-hour national USPAP course or its equivalent;

                D.            comply with the competency rule of (USPAP).

                E.            courses taken in satisfying the qualifying education requirements shall not be repetitive in nature; each course credited toward the required number of qualifying education hours shall represent a progression in which the appraiser’s knowledge is increased and none may be taken on-line;

                F.             demonstrate to the board that he/she is honest, trustworthy and competent;

                G.            successful completion of a written examination on the New Mexico Real Estate Appraisers Act, administered by the board;

                H.            pay the fees set out in 16.62.12.8 NMAC;

                I.             submit a duly made application to the board office;

                J.             declare a supervisor; and

                K.            successfully complete a supervisor/trainee course consistent with AQB criteria.

[1/14/00; 16.62.2.8 NMAC - Rn & A, 16 NMAC 62.2.8, 09/13/2004; A, 11/25/06; A, 06/13/08; A, 08/21/10; A, 7/10/2011; A, 01/01/2015]

 

16.62.2.9               SUPERVISING APPRAISER/TRAINEE:

                A.            Supervision of trainees:  An appraiser may engage a declared trainee to assist in the performance of real estate appraisals and related activities, provided the supervising real estate appraiser:

                                (1)           is in good standing and has been certified for at least three years;

                                (2)           has no more than three trainees working under his/her supervision at one time;

                                (3)           actively supervises the trainee by either being physically present or by a form of electronic communication; and

                                (4)           is competent pursuant to USPAP in all appraisals supervised.

                B.            Prior to the date any trainee begins performing real estate appraisal and related activities under his/her supervision, the supervisor must:

                                (1)           inform the board of the name of the trainee on the declaration form prescribed by the board; the supervisor must also inform the board within ten days when a trainee is no longer working under his/her supervision; and

                                (2)           attend a supervisor/trainee education program approved by the appraisal board regarding the role of a supervisor; if continuously supervising trainees, supervisors must attend the class at least every four years.

                C.            When training for residential license or residential certification the supervisor must accompany the trainee on complete interior inspections of the subject property on the first 50 assignments; after that point, the trainee may perform the inspections without the presence of the supervisor provided the trainee is competent to perform those inspections in accordance with the competency rule of USPAP for the property type.

                D.            When training for general certification the supervisor must accompany the trainee on inspections of the subject property on the first 25 non-residential assignments; after that point, the trainee may perform the inspections without the presence of the supervisor provided the trainee is competent to perform those inspections in accordance with the competency rule of USPAP for the property type and market area; the supervisor and trainee must have their primary business location in New Mexico.

                E.            The supervising appraiser shall:

                                (1)           review all appraisal reports and supporting data used in connection with appraisals in which the services of a trainee are utilized;

                                (2)           certify that the report is in compliance with USPAP;

                                (3)           maintain an experience log jointly with the appraiser trainee to ensure the experience log is accurate, current and complies with the requirements of the trainee appraiser’s credentialing jurisdiction;

                                (4)           sign the appraisal experience log at least every 30 days and use the title “supervising appraiser” when signing;

                                (5)           review the hours claimed on the log and address any discrepancies.

                F.             Appraisal experience logs shall include:

                                (1)           type of property;

                                (2)           date of report;

                                (3)           address of appraised property;

                                (4)           description of work performed by the trainee appraiser and the scope of the review and supervision of the supervisory appraiser;

                                (5)           number of actual work hours by the trainee appraiser on the assignment; and

                                (6)           the signature and state certification number of the supervising appraiser.

                G.            Separate appraisal logs shall be maintained for each supervising appraiser, if applicable.

                H.            The supervising appraiser shall not be employed by a trainee or by a company, firm or partnership in which the trainee has a controlling interest.

                I.             Trainees:  All trainees shall perform all real estate appraisal and related activities under the immediate, active, and personal supervision of a certified real estate appraiser.

                                (1)           All appraisal reports must be signed by the trainee’s declared supervisor.  By signing the appraisal report, the certified appraiser accepts responsibility with the trainee for the content of and conclusions of the report.

                                (2)           A trainee may assist in the performance of real estate appraisals and claim full credit for the actual hours worked on an appraisal, provided the trainee maintains a log on a form prescribed by the board.

                                                (a)           The log must detail all appraisals and related activities performed by the trainee.  The hours claimed on the log must be verifiable by either signature on the report or by other written documentation in the work file.

                                                (b)           The log must be updated and signed by the supervisor at least every 30 days.

                                                (c)           The log must contain a statement affirming that both the supervising appraiser and trainee have competence as defined by USPAP.

                                (3)           Trainees must attend a supervisor/trainee education program approved by the appraisal board before supervision begins.  The trainee shall not receive appraisal experience credit for appraisals performed until the class is taken.

                                (4)           Trainees shall assure that the supervisor has properly completed and sent the declaration form to the appraisal board on or before the day the trainee begins assisting the supervising appraiser.

                                (5)           Trainees shall not receive appraisal experience credit for appraisal and related activities performed in violation of this section.

[16.62.2.9 NMAC - N, 01/01/2015]

 

HISTORY OF 16.62.2 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the state records center and archives under:

REAB Rule 3, Application for Resident License, filed 11/29/90.

Rule 3, Application for Registration, filed 4/6/93.

Rule 3, Application for Registration, filed 1/28/94.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 3, Application for Registration (filed 1/28/94), was renumbered, reformatted, amended and replaced by 16 NMAC 62.2, Application for Registration, effective 1/14/2000.

16 NMAC 62.2, Application for Registration (filed 12/29/99) was renumbered, reformatted, amended and replaced by 16.62.2 NMAC, Application for Apprentice, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 3                 APPLICATION FOR LICENSE

 

16.62.3.1               ISSUING AGENCY:  Regulation and Licensing Department - NM Real Estate Appraisers Board.

[10/1/97; 16.62.3.1 NMAC - Rn, 16 NMAC 62.3.1, 09/13/2004; A, 01/01/2015]

 

16.62.3.2               SCOPE:  All trainee real estate appraisers, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[10/1/97; 16.62.3.2 NMAC - Rn & A, 16 NMAC 62.3.2, 09/13/2004; A, 01/01/2015]

 

16.62.3.3               STATUTORY AUTHORITY:  This part is promulgated pursuant to the real estate appraisers board, Sections 61-30-7, 10, 11, 13 and 14 NMSA 1978 as amended.

[10/1/97; 16.62.3.3 NMAC - Rn, 16 NMAC 62.3.3, 09/13/2004]

 

16.62.3.4               DURATION:  Permanent.

[10/1/97; 16.62.3.4 NMAC - Rn, 16 NMAC 62.3.4, 09/13/2004]

 

16.62.3.5               EFFECTIVE DATE:  October 1, 1997, unless a later date is cited at the end of a section.

[10/1/97; 16.62.3.5 NMAC - Rn & A, 16 NMAC 62.3.5, 09/13/2004]

 

16.62.3.6               OBJECTIVE:  This part provides requirements for making application for licensure as a real estate appraiser.

[10/1/97; 16.62.3.6 NMAC - Rn, 16 NMAC 62.3.6, 09/13/2004]

 

16.62.3.7               DEFINITIONS:  [RESERVED]

 

16.62.3.8               LICENSE:  A holder of a license may appraise complex residential or nonresidential real estate provided such appraisals are not described or referred to as meeting the requirements of FIRREA.  The holder of a license may not assume or use any title, designation or abbreviation likely to create the impression of certification.

                A.            For federally related transactions, the licensed real estate appraiser classification applies to the appraisal of non-complex one to four residential units having a transaction value less than $1,000,000 and complex one to four residential units having a transaction value less than $250,000.

                B.            Complex one-to four-family residential property appraisal means one in which the property to be appraised, the form of ownership, or the market conditions are atypical.  For non-federally related transaction appraisals, transaction value shall mean market value.

                C.            All licensed real estate appraisers must comply with the competency rule of the national uniform standards of professional appraisal practice (USPAP)

                D.            Applicants for licensure in the state of New Mexico must.

                                (1)           be a legal resident of the United States;

                                (2)           have reached the age of majority;

                                (3)           prove successful completion of real estate appraisal education of at least 150 board-approved classroom hours as outlined in the required core curriculum of the appraiser qualifications board (AQB); real estate appraisal education programs completed for credit toward this requirement shall include coverage of the following modules (no more than 50% of the courses from courses (d) through (g) may be from courses offered over the internet or distance learning modalities):

                                                (a)           basic appraisal principles                                                                 30 hours

                                                (b)           basic appraisal procedures                                                              30 hours

                                                (c)           the 15 hour national USPAP course and examination                 15 hours

                                                (d)           residential market analysis and highest and best use                 15 hours

                                                (e)           residential appraiser site valuation and cost approach               15 hours

                                                (f)            residential sales comparison and income approaches                30 hours

                                                (g)           residential report writing and case studies                                   15 hours

                                (4)           successfully complete the appraiser qualifications board (AQB) approved licensed real estate appraiser examination; there is no alternative to successful completion of the examination; successful completion of the examination is valid for a period of 24 months, and the applicant must meet the requisite experience requirement within 24 months;

                                (5)           courses taken in satisfying the qualifying education requirements shall not be repetitive in nature; each course credited toward the required number of qualifying education hours shall represent a progression in which the appraiser’s knowledge is increased;

                                (6)           demonstrate to the board that he/she is honest, trustworthy and competent;

                                (7)           successfully complete a written examination on the New Mexico Real Estate Appraisers Act, administered by the board;

                                (8)           pay the fee set out in 16.62.12.8 NMAC;

                                (9)           meet the minimum criteria for state licensure issued by the appraisers qualifications board of the appraisal foundation;

                                (10)         submit a duly made application to the board office;

                                (11)         completion of thirty (30) semester hours of college-level education from an accredited college or university.  (Effective January 1, 2015, the appraiser qualifications board of the appraisal foundation adopted changes of the real property appraiser qualification criteria.)

                E.            Trainee appraisers wishing to change to the licensed appraiser classification must also satisfy the college-level education requirements.

                F.             Appraisers holding a valid trainee appraiser credential may satisfy the educational requirements of 75 board-approved hours for the licensed residential real property appraiser credential by completing the following additional educational hours:

                                (1)           residential market analysis and highest and best use                 15 hours

                                (2)           residential appraiser site valuation and cost approach               15 hours

                                (3)           residential sales comparison and income approaches                 30 hours

                                (4)           residential report writing and case studies                                    15 hours

                G.            Appraisers holding a valid residential or general certified appraiser credential satisfy the educational requirements for the licensed appraiser credential.

                H.            Experience:  Applicants for state licensure must have a minimum of 2,000 hours of experience obtained in no fewer than twelve (12) months in real property appraisal as defined in 16.62.1 NMAC, submitted on a form prescribed by the board and attested to by the supervising appraisers under whose supervision the experience was obtained.

[10/1/97; 16.62.3.8 NMAC - Rn & A, 16 NMAC 62.3.8, 09/13/2004; A, 11/25/06; A, 06/13/08; A, 08/21/10; A, 01/01/2015]

 

HISTORY OF 16.62.3 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

REAB Rule 3, Application For Resident Residential Certificate, filed 11/29/90.

REAB Rule 3, Amendment 1, filed 10/3/91.

Rule 4, Application for License, filed 4/6/93.

Rule 4, Application for License, filed 1/28/94.

Rule 4, Application for License, filed 10/2/95.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 4, Application for License (filed 10/2/95), was renumbered, reformatted and replaced by 16 NMAC 62.3, Application for Licensure, effective 10/1/1997.

16 NMAC 62.3, Application for License (filed 08/29/97) was renumbered, reformatted, amended and replaced by 16.62.3 NMAC, Application for License, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 4                 APPLICATION FOR RESIDENTIAL CERTIFICATE

 

16.62.4.1               ISSUING AGENCY:  Regulation and Licensing Department - NM Real Estate Appraisers Board.

[10/1/97; 16.62.4.1 NMAC - Rn, 16 NMAC 62.4.1, 09/13/2004; A, 01/01/2015]

 

16.62.4.2               SCOPE:  All trainee real estate appraisers, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[10/1/97; 16.62.4.2 NMAC - Rn & A, 16 NMAC 62.4.2, 09/13/2004; A, 01/01/2015]

 

16.62.4.3               STATUTORY AUTHORITY:  This part is promulgated pursuant to the real estate appraisers board, Sections 61-30-7, 10, 12, 13 and 14 NMSA 1978 as amended.

[10/1/97; 16.62.4.3 NMAC - Rn, 16 NMAC 62.4.3, 09/13/2004]

 

16.62.4.4               DURATION:  Permanent.

[10/1/97; 16.62.4.4 NMAC - Rn, 16 NMAC 62.4.4, 09/13/2004]

 

16.62.4.5               EFFECTIVE DATE:  October 1, 1997, unless a later date is cited at the end of a section.

[10/1/97; 16.62.4.5 NMAC - Rn & A, 16 NMAC 62.4.5, 09/13/2004]

 

16.62.4.6               OBJECTIVE:  This provides requirements for making application for certification as a residential certified real estate appraiser.

[10/1/97; 16.62.4.6 NMAC - Rn, 16 NMAC 62.4.6, 09/13/2004]

 

16.62.4.7               DEFINITIONS:  [RESERVED]

 

16.62.4.8               RESIDENTIAL CERTIFICATION:  A holder of a residential certificate is eligible to prepare appraisals of all residential real estate for federally related transactions or other uses.  He/she may appraise nonresidential real estate provided such appraisals are not described or referred to as meeting the requirements of FIRREA.  The holder of a residential certificate may not assume or use any title, designation or abbreviation likely to create the impression of general certification.

                A.            The certified residential real estate appraiser classification qualifies the appraiser to appraise one to four residential units without regard to value or complexity.  The classification includes the appraisal of vacant or unimproved land that is utilized for one to four family purposes or for which the highest and best use is for one to four family purposes.  The classification does not include the appraisal of subdivisions for which a development analysis/appraisal is necessary.

                B.            All certified residential real estate appraisers must comply with the competency rule of the national uniform standards of professional appraisal practice (USPAP).

                C.            Applicants for certification in residential appraisal in the state of New Mexico must:

                                (1)           be a legal resident of the United States;

                                (2)           have reached the age of majority;

                                (3)           prove successful completion of real estate appraisal education of at least 200 board-approved classroom hours as outlined in the required core curriculum of the appraiser qualifications board (AQB); real estate appraisal education programs completed for credit toward this requirement shall include coverage of the following modules (no more than 50% of the courses from courses (d) through (j). may be from courses offered over the internet or distance learning modalities):

                                                (a)           basic appraisal principles                                                                 30 hours

                                                (b)           basic appraisal procedures                                                              30 hours

                                                (c)           the 15 hour national USPAP course and examination                 15 hours

                                                (d)           residential market analysis and highest and best use                 15 hours

                                                (e)           residential appraiser site valuation and cost approach               15 hours

                                                (f)            residential sales comparison and income approaches                30 hours

                                                (g)           residential report writing and case studies                                   15 hours

                                                (h)           statistics, modeling and finance                                                     15 hours

                                                (i)            advanced residential applications and case studies                   15 hours

                                                (j)            appraisal subject matter electives                                                  20 hours

                                (4)           hold a bachelor’s degree or higher from an accredited college or university; (Effective January 1, 2015, the appraiser qualifications board of the appraisal foundation adopted changes of the real property appraiser qualification criteria);

                                (5)           pass examination:  the appraiser qualifications board (AQB) approved certified real estate appraiser examination must be successfully completed; there is no alternative to successful completion of the examination; the requisite experience requirement must be met within 24 months, successful completion of the examination is valid for a period of 24 months;

                                (6)           assure courses taken in satisfying the qualifying education requirements are not repetitive in nature; each course credited toward the required number of qualifying education hours shall represent a progression in which the appraiser’s knowledge is increased;

                                (7)           demonstrate to the board that he/she is honest, trustworthy and competent;

                                (8)           successfully complete a written examination on the New Mexico Real Estate Appraisers Act, administered by the board;

                                (9)           pay the fee set out in 16.62.12.8 NMAC;

                                (10)         meet the minimum criteria for the state residential certificate classification issued by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation;

                                (11)         submit a duly made application to the board office.

                D.            Trainee and licensed appraisers wishing to change to the residential certified appraiser classification must also satisfy the college degree requirement.

                E.            Appraisers holding a valid general certified appraiser credential satisfy the educational requirements for the residential certified appraiser credential.

                F.             Appraisers holding a valid trainee appraiser credential may satisfy the educational requirements of 125 board-approved hours for the certified residential real property appraiser credential by completing the following additional educational hours:

                                (1)           residential market analysis and highest and best use                 15 Hours

                                (2)           residential appraiser site valuation and cost approach               15 Hours

                                (3)           residential sales comparison and income approaches                 30 Hours

                                (4)           residential report writing and case studies                                    15 Hours

                                (5)           statistics, modeling and finance                                                      15 Hours

                                (6)           advanced residential applications and case studies                    15 Hours

                                (7)           appraisal subject matter electives                                                   20 Hours

                G.            Appraisers holding a valid licensed residential real property appraiser credential may satisfy the educational requirements of 50 board-approved hours for the certified residential real property appraiser credential by completing the following additional educational hours:

                                (1)           statistics, modeling and finance                                                       15 Hours

                                (2)           advanced residential applications and case studies                     15 Hours

                                (3)           appraisal subject matter electives                                                    20 Hours

                H.            Experience:  applicants for state residential certification must have a minimum of 2,500 hours of experience in real property appraisal obtained during no fewer than twenty-four (24) months as defined in 16.62.1 NMAC, submitted on a form prescribed by the board and attested to by the supervising appraiser under whose supervision the experience was obtained.

[10/1/97; 16.62.4.8 NMAC - Rn & A, 16 NMAC 62.4.8, 09/13/2004; A, 11/25/06; A, 06/13/08; A, 08/21/10; A, 01/01/2015]

 

HISTORY OF 16.62.4 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

REAB Rule 4, Application For Resident Residential Certificate, filed 11/29/90.

REAB Rule 4, Amendment 1, filed 10/3/91.

Rule 5, Application for Residential Certificate, filed 4/6/93.

Rule 5, Application for Residential Certificate, filed 1/28/94.

Rule 5, Application for Residential Certificate, filed 10/2/95.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 5, Application for Residential Certificate (filed 10/2/95) was renumbered, reformatted and replaced by 16 NMAC 62.4, Application for Residential Certificate, effective 10/01/97.

16 NMAC 62.4, Application for Residential Certificate (filed 08/29/97) was renumbered, reformatted, amended, and replaced by 16.62.4 NMAC, Application for Residential Certificate, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 5                 APPLICATION FOR GENERAL CERTIFICATE

 

16.62.5.1               ISSUING AGENCY:  Regulation and Licensing Department - NM Real Estate Appraisers Board.

[10/1/97; 16.62.5.1 NMAC - Rn, 16 NMAC 62.5.1, 09/13/2004; A, 01/01/2015]

 

16.62.5.2               SCOPE:  All trainee real estate appraisers, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[10/1/97; 16.62.5.2 NMAC - Rn & A, 16 NMAC 62.5.2, 09/13/2004; A, 01/01/2015]

 

16.62.5.3               STATUTORY AUTHORITY:  This part is promulgated pursuant to the real estate appraisers board, Sections 61-30-7, 10, 12, 13 and 14 NMSA 1978 as amended.

[10/1/97; 16.62.5.3 NMAC - Rn, 16 NMAC 62.5.3, 09/13/2004]

 

16.62.5.4               DURATION:  Permanent.

[10/1/97; 16.62.5.4 NMAC - Rn, 16 NMAC 62.5.4, 09/13/2004]

 

16.62.5.5               EFFECTIVE DATE:  October 1, 1997, unless a later date is cited at the end of a section.

[10/1/97; 16.62.5.5 NMAC - Rn & A, 16 NMAC 62.5.5, 09/13/2004]

 

16.62.5.6               OBJECTIVE:  This provides requirements for making application for certification as a general certified real estate appraiser.

[10/1/97; 16.62.5.6 NMAC - Rn, 16 NMAC 62.5.6, 09/13/2004]

 

16.62.5.7               DEFINITIONS:  [RESERVED]

 

16.62.5.8               GENERAL CERTIFICATE:  A holder of a general certificate may prepare appraisals on all real estate and may indicate that such appraisals are state certified.

                A.            All certified general real estate appraisers must comply with the competency rule of the national uniform standards of professional practice (USPAP).

                B.            Applicants for the general certificate in the state of New Mexico must:

                                (1)           be a legal resident of the United States;

                                (2)           have reached the age of majority;

                                (3)           submit a duly made application to the board office.

                                (4)           hold a bachelor’s degree or higher from an accredited college or university;

                                (5)           demonstrate to the board that he/she is honest, trustworthy and competent;

                                (6)           successfully complete a written examination on the New Mexico Real Estate Appraisers Act, administered by the board;

                                (7)           pay the fee set out in 16.62.12.8 NMAC;

                                (8)           meet the minimum criteria for state general certification classification issued by the appraiser qualifications board (AQB) of the appraisal foundation; (Effective January 1, 2015, the appraiser qualifications board of the appraisal foundation adopted changes of the real property appraiser qualification criteria).

                                (9)           successfully complete the appraisal qualifications board (AQB) approved general certified real estate appraiser examination; there is no alternative to successful completion of the examination; successful completion of the examination is valid for a period of 24 months; and

                                (10)         successfully complete the real estate appraisal core curriculum educational requirements with a particular emphasis on non-residential properties.

                C.            Applicants shall successfully satisfy the core curriculum educational requirement of 300 board-approved courses by completing the following:

                                (1)           basic appraisal principles                                                                 30 hours

                                (2)           basic appraisal procedures                                                              30 hours

                                (3)           the 15 hour national USPAP course and examination                 15 hours

                                (4)           general appraiser market analysis and highest and best use     30 hours

                                (5)           general appraiser sales comparison approach                              30 hours

                                (6)           general appraiser site valuation and cost approach                    30 hours

                                (7)           general appraiser income approach                                                60 hours

                                (8)           general appraiser report writing and case studies                        30 hours

                                (9)           appraisal subject matter electives                                                   30 hours

                D.            Appraisers holding a valid trainee appraiser credential may satisfy the educational requirements of 225 board-approved hours for the certified general real property appraiser credential by completing the following additional educational hours:

                                (1)           general appraiser market analysis and highest and best use      30 hours

                                (2)           statistics, modeling and finance                                                      15 hours

                                (3)           general appraiser sales comparison approach                              30 hours

                                (4)           general appraiser site valuation and cost approach                    30 hours

                                (5)           general appraiser income approach                                                60 hours

                                (6)           general appraiser report writing and case studies                        30 hours

                                (7)           appraisal subject matter electives                                                    30 hours

                E.            Appraisers holding a valid licensed residential real property appraiser credential may satisfy the educational requirements of 150 board-approved hours for the certified general real property appraiser credential by completing the following additional educational hours:

                                (1)           general appraiser market analysis and highest and best use       15 hours

                                (2)           statistics, modeling and finance                                                       15 hours

                                (3)           general appraiser sales comparison approach                               15 hours

                                (4)           general appraiser site valuation and cost approach                     15 hours

                                (5)           general appraiser income approach                                                 45 hours

                                (6)           general appraiser report writing and case studies                         15 hours

                                (7)           appraisal subject matter electives                                                    30 hours

                F.             Appraisers holding a valid certified residential real property appraiser credential may satisfy the educational requirements of 100 board-approved hours for the certified general real property appraiser credential by completing the following additional educational hours:

                                (1)           general appraiser market analysis and highest and best use      15 hours

                                (2)           general appraiser sales comparison approach                               15 hours

                                (3)           general appraiser site valuation and cost approach                     15 hours

                                (4)           general appraiser income approach                                                 45 hours

                                (5)           general appraiser report writing and case studies                        10 hours

                G.            Experience:  applicants for state general certification must have a minimum of 3,000 hours of experience in real property appraisal obtained during no fewer than thirty (30) months, of which, one thousand five hundred (1,500) hours must be in non-residential appraisal work, submitted on a form prescribed by the board and attested to by the duly certified general supervising appraiser under whose supervision the experience was obtained.

[10/1/97; 16.62.5.8 NMAC - Rn & A, 16 NMAC 62.5.8, 09/13/2004; A, 11/25/06; A, 08/21/10; A, 01/01/2015]

 

HISTORY OF 16.62.5 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

REAB Rule 5, Application for Resident General Certificate, filed 11/29/90.

REAB Rule 5, Amendment 1, filed 10/3/91.

Rule 6, Application for General Certificate, filed 4/6/93.

Rule 6, Application for General Certificate, filed 1/28/94.

Rule 6, Application for General Certificate, filed 10/2/95.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 6, Application for General Certificate (filed 10/2/95) was renumbered, reformatted and replaced by 16 NMAC 62.5, Application for General Certificate, effective 10/01/97.

16 NMAC 62.5, Application for General Certificate (filed 08/29/97) was renumbered, reformatted, amended, and replaced by 16.62.5 NMAC, Application for General Certificate, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 6                 EXAMINATIONS

 

16.62.6.1               ISSUING AGENCY:  Regulation and Licensing Department - NM Real Estate Appraisers Board.

[1/14/00; 16.62.6.1 NMAC - Rn, 16 NMAC 62.61.1, 09/13/2004; A, 01/01/2015]

 

16.62.6.2               SCOPE:  All trainee real estate appraisers, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[1/14/00; 16.62.6.2 NMAC - Rn & A, 16 NMAC 62.61.2, 09/13/2004; A, 01/01/2015]

 

16.62.6.3               STATUTORY AUTHORITY:  These rules are promulgated pursuant to the real estate appraisers board, Sections 61-30-7 and 13 NMSA 1978 as amended.

[1/14/00; 16.62.6.3 NMAC - Rn, 16 NMAC 62.61.3, 09/13/2004]

 

16.62.6.4               DURATION:  Permanent.

[1/14/00; 16.62.6.4 NMAC - Rn, 16 NMAC 62.61.4, 09/13/2004]

 

16.62.6.5               EFFECTIVE DATE:  January 14, 2000, unless a later date is cited at the end of a section.

[1/14/00; 16.62.6.5 NMAC - Rn & A, 16 NMAC 62.6.5, 09/13/2004]

 

16.62.6.6               OBJECTIVE:  This part provides for a national examination on real estate appraisal as a requirement for licensure or certification and for a state examination on state law and rules as a requirement for registration, licensure or certification.

[1/14/00; 16.62.6.6 NMAC - Rn, 16 NMAC 62.61.6, 09/13/2004]

 

16.62.6.7               DEFINITIONS:  [RESERVED]

 

16.62.6.8               EXAMINATION REQUIREMENTS:  All candidates for licensure or certification must successfully complete the appraiser qualifications board endorsed uniform state certifications/licensing examination or its equivalent.

                A.            The examination will be approved by the appraisal qualifications board of the appraisal foundation and will cover standard appraisal concepts.

                B.            An applicant for licensing or certification will be denied and the results of the examination will be invalidated if: the applicant uses or possesses anything that gives the applicant an advantage other than silent, cordless, non-programmable calculator, HPC 12C or its equivalent; the applicant gives or receives any kind of aid during the examination; or someone other than the applicant takes the test or attempts to take the test for the applicant.

                C.            All calculator memories must be cleared before the examination. Operating manuals will not be allowed at the testing site.

                D.            The board will administer an examination on the New Mexico Real Estate Appraisers Act and board rules and regulations which will require a score of 70 percent or more for a passing grade.

                E.            The applicant must take the examination prescribed by the board.

[1/14/00; 16.62.6.8 NMAC - Rn & A, 16 NMAC 62.61.8, 09/13/2004; A, 06/13/08; A, 08/21/10]

 

HISTORY OF 16.62.6 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the state records center and archives under:

REAB Rule 6, Examinations, filed 11/29/90.

Rule 7, Examinations, filed 4/6/93.

Rule 7, Examinations, filed 1/28/94.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 7, Examinations (filed 1/28/94) was renumbered, reformatted and replaced by 16 NMAC 62.6, Examinations, effective 1/14/2000.

16 NMAC 62.6, Examinations (filed 12/29/99) was renumbered, reformatted, amended, and replaced by 16.62.6 NMAC, Examinations, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 7                 ISSUANCE/RENEWAL OF APPRENTICE REGISTRATION/LICENSES/CERTIFICATES

 

16.62.7.1               ISSUING AGENCY:  Regulation and Licensing Department - NM Real Estate Appraisers Board.

[10/1/97; 16.62.7.1 NMAC - Rn, 16 NMAC 62.7.1, 09/13/2004; A, 01/01/2015]

 

16.62.7.2               SCOPE:  All trainee real estate appraisers, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[10/1/97; 16.62.7.2 NMAC - Rn & A, 16 NMAC 62.7.2, 09/13/2004; A, 01/01/2015]

 

16.62.7.3               STATUTORY AUTHORITY:  This part is promulgated pursuant to the real estate appraisers board, Sections 61-30-7 and 14 NMSA 1978 as amended.

[10/1/97; 16.62.7.3 NMAC - Rn, 16 NMAC 62.7.3, 09/13/2004]

 

16.62.7.4               DURATION:  Permanent.

[10/1/97; 16.62.7.4 NMAC - Rn, 16 NMAC 62.7.4, 09/13/2004]

 

16.62.7.5               EFFECTIVE DATE:  October 1, 1997, unless a later date is cited at the end of a section.

[10/1/97; 16.62.7.5 NMAC - Rn & A, 16 NMAC 62.7.5, 09/13/2004]

 

16.62.7.6               OBJECTIVE:  This part establishes guidelines for the issuance of initial licenses, provides requirements for license renewal and license expiration, licensee requirements and responsibilities, establishes continuing education requirements and guidelines for reinstatement of an expired license.

[10/1/97; 16.62.7.6 NMAC - Rn, 16 NMAC 62.7.6, 09/13/2004]

 

16.62.7.7               DEFINITIONS:  [RESERVED]

[10/1/97; 16.62.7.7 NMAC - Rn & A, 16 NMAC 62.7.7, 09/13/2004; A, 11/25/06]

 

16.62.7.8               INITIAL LICENSE ISSUANCE:  Initial licenses expire on April 30 in the second year of licensure.  No license will be issued for longer than 24 months or less than 13 months.

[10/1/97; 16.62.7.8 NMAC - Rn & A, 16 NMAC 62.7.8, 09/13/2004]

 

16.62.7.9               RENEWAL PERIOD AND EXPIRATION:  All licenses will expire every two years on April 30.  Renewal fees for the initial period will be prorated as defined in 16.62.12.8 NMAC.

[10/1/97; 16.62.7.9 NMAC - Rn & A, 16 NMAC 62.7.9, 09/13/2004]

 

16.62.7.10             RENEWAL PROCESS:

                A.            A completed renewal application, accompanied by the required fee as defined in 16.62.12.8 NMAC and documentation of 32 hours of continuing education.  Renewal applications must be post-marked or delivered to the board office on or before April 30 of the renewal year.

                B.            Deferrals may not be granted to credential holders, except in the case of individuals returning from active military duty.  Licensees returning from active military duty may be placed in active status for a period of up to 90 days pending completion of all continuing education requirements.

                C.            The board shall audit a percentage of renewal applications each renewal period to verify the continuing education requirement has been met. The licensee must maintain proof of continuing education courses taken for the past four (4) years. The board reserves the right to audit a licensee’s continuing education records as it deems necessary.

[10/1/97; 16.62.7.10 NMAC - Rn & A, 16 NMAC 62.7.10, 09/13/2004; A, 11/25/2006; A, 06/13/2008; A, 01/16/2011]

 

16.62.7.11             LICENSEE RESPONSIBILITY:

                A.            The board assumes no responsibility for renewal applications not received by the licensee for any reason. It is the licensee's responsibility to make a timely request for the renewal form if one has not been received thirty days prior to license expiration.

                B.            It is the sole responsibility of the licensee to maintain records of the qualifying education they have completed.

[10/1/97; 16.62.7.11 NMAC - Rn & A, 16 NMAC 62.7.11, 09/13/2004; A, 11/25/06]

 

16.62.7.12             REQUIRED CONTINUING EDUCATION:

                A.            Thirty-two (32) classroom hours of continuing education in courses approved by the board are required in each two-year renewal period.  Four (4) of these hours must be achieved through a board approved renewal update course.

                B.            Each license holder is required to submit a list of continuing education courses with each renewal Continuing education requirements are pro-rated at sixteen hours per full year and 1.33 hours for each additional month of the initial licensing period. Ten (10) percent of continuing education will be audited.

                C.            Effective with the first biennial renewal period and each subsequent renewal, a seven (7) hour class in the national uniform standards of professional appraisal practice update course is required as part of the continuing education requirement.  Successful completion includes passing an exam, if required, by the appraiser qualifications board (AQB).

                D.            Educational offerings taken by an individual in order to fulfill the class hour requirement for a different classification than his/her current classification may be simultaneously counted towards the continuing education requirement of his/her current classification.

                E.            Credit towards the continuing education hour requirements for each appraiser classification may be granted only where the length of the educational offering is at least two (2) hours.

[10/1/97; 16.62.7.12 NMAC - Rn & A, 16 NMAC 62.7.12, 09/13/2004; A, 11/25/2006; A, 08/21/2010; A, 01/16/2011]

 

16.62.7.13             RENEWAL AFTER DEADLINE:  A license not renewed on the renewal date is expired.

[10/1/97; 16.62.7.13 NMAC - Rn, 16 NMAC 62.7.13, 09/13/2004; A, 01/16/2011]

 

16.62.7.14             REINSTATEMENT OF EXPIRED LICENSE:  An expired license may be reinstated within 90 days after expiration upon submission of an application, payment of the required renewal administrative reinstatement fee, proof of compliance with continuing education requirements, and payment of the reinstatement fee.  The board may, in its discretion, treat the former trainee, license or certificate holder as a new applicant and further require that the applicant be reexamined as a condition to reissue a license or certificate.

[10/1/97; 16.62.7.14 NMAC - Rn & A, 16 NMAC 62.7.14, 09/13/2004; A, 01/01/2015]

 

16.62.7.15             CHANGE OF ADDRESS:  A trainee, license or certificate holder shall report to the board in writing any change of business address.  Failure to do so within 30 days is grounds for trainee, license or certificate suspension.

[10/1/97; 16.62.7.15 NMAC - Rn & A, 16 NMAC 62.7.15, 09/13/2004; A, 06/13/08; A, 01/01/2015]

 

HISTORY OF 16.62.7 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

REAB Rule 7, Issuance/Renewal of License/Certification, filed 11/29/90.

REAB Rule 7, Amendment 1, filed 10/3/91.

Rule 8, Issuance/Renewal of Registrations/Licenses/Certificates, filed 4/6/93.

Rule 8, Issuance/Renewal of Registrations/Licenses/Certificates, filed 1/28/94.

Rule 8, Issuance/Renewal of Registrations/Licenses/Certificates, filed 12/19/94.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 8, Issuance/Renewal of Registrations/Licenses/Certificates (filed 12/19/94) was renumbered, reformatted and replaced by 16 NMAC 62.7, Issuance/Renewal of Registrations/Licenses/Certificates, effective 10/01/1997.

16 NMAC 62.7, Issuance/Renewal of Registrations/Licenses/Certificates (filed 08/29/1997) was renumbered, reformatted, amended, and replaced by 16.62.7 NMAC, Issuance/Renewal of Registrations/Licenses/Certificates, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 8                 EDUCATIONAL PROGRAMS/CONTINUING EDUCATION

 

16.62.8.1               ISSUING AGENCY:  Regulation and Licensing Department - NM Real Estate Appraisers Board.

[3/14/00; 16.62.8.1 NMAC - Rn, 16 NMAC 62.8.1, 09/13/2004; A, 01/01/2015]

 

16.62.8.2               SCOPE:  All trainees, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[3/14/00; 16.62.8.2 NMAC - Rn & A, 16 NMAC 62.8.2, 09/13/2004; A, 01/01/2015]

 

16.62.8.3               STATUTORY AUTHORITY:  These rules are promulgated pursuant to the real estate appraisers board, Sections 61-30-3,7, 9 and 19 NMSA 1978 as amended.

[3/14/00; 16.62.8.3 NMAC - Rn, 16 NMAC 62.8.3, 09/13/2004]

 

16.62.8.4               DURATION:  Permanent.

[3/14/00; 16.62.8.4 NMAC - Rn, 16 NMAC 62.8.4, 09/13/2004]

 

16.62.8.5               EFFECTIVE DATE:  March 14, 2000, unless a later date is cited at the end of a section.

[3/14/00; 16.62.8.5 NMAC - Rn & A, 16 NMAC 62.8.5, 09/13/2004]

 

16.62.8.6               OBJECTIVE:  This part provides requirements for approval of educational courses for pre-trainee, pre-licensing, and pre-certification and continuing education credit.  It establishes requirements for continuing education courses and sponsors.  It establishes an education advisory committee to approve courses and sponsors.

[3/14/00; 16.62.8.6 NMAC - Rn, 16 NMAC 62.8.6, 09/13/2004; A, 11/25/06; A, 01/01/2015]

 

16.62.8.7               DEFINITIONS:  "Classroom hours" for the purpose of fulfilling continuing education requirements includes approved courses offered over the internet or other distance learning modalities.

[3/14/00; 16.62.8.7 NMAC - Rn, 16 NMAC 62.8.7, 09/13/2004]

 

16.62.8.8               ACCEPTABLE COURSEWORK:  All coursework for original trainee registration, licensing and certification shall be given in fifteen hour segments and have an examination administered at the end of the course.  Successful completion of the examination is a requirement to submit the course for original trainee registration, licensure or certification credit.

[3/14/00; 16.62.8.8 NMAC - Rn, 16 NMAC 62.8.8, 09/13/2004; A, 11/25/06; A, 01/01/2015]

 

16.62.8.9               RELEVANCE OF COURSEWORK:  All coursework for original trainee, licensing or certification shall be in courses closely related to real estate appraisal.  The board will not accept an applicant's completion of a course of a kind, which is designed to prepare students for examination, commonly known as a "cram course".  All real estate appraisal coursework credited toward original trainee, licensure or certification shall have been completed no more than ten (10) years prior to the date of the application filed with the board.

[3/14/00; 16.62.8.9 NMAC - Rn & A, 16 NMAC 62.8.9, 09/13/2004; A, 11/25/06; A, 01/01/2015]

 

16.62.8.10             DISTANCE EDUCATION: Is defined as any education process based on the geographical separation of student and instructor. A distance education course offered over the internet or other distance learning modality is acceptable to meet class hour requirements if:

                A.            the course provides interaction; interaction is a reciprocal environment where the student has verbal or written communication with the instructor;

                B.            content approval is obtained from the appraiser qualifications board, or an accredited college, community college, or university that offers distance education programs and is approved or accredited by the commission on colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. secretary of education; non-academic credit college courses provide by a college shall be approved by the appraiser qualifications board and state licensing jurisdiction; and

                C.            course delivery mechanism approval is obtained from one of the following sources:

                                (1)           appraiser qualifications board approved organizations providing approval of course design and delivery;

                                (2)           a college that qualifies for content approval in Subsection B above that awards academic credit for the distance education course; or

                                (3)           a qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporate interactivity.

[3/14/00; 16.62.8.10 NMAC - Rn & Repealed, 16 NMAC 62.8.10, 09/13/2004; 16.62.8.10 NMAC - N, 06/13/08]

 

16.62.8.11             ACCEPTABLE CONTINUING EDUCATION:  Courses approved for continuing education credit shall have significant intellectual or practical content and shall deal primarily with matters directly related to appraisal practice or to the ethical obligations of trainees, licensees and certificate holders.  The primary objective of such courses shall be consistent with the board's charge to protect the public and to increase the professional competence of trainees, licensees and certificate holders.  No more than fourteen (14) of the hours may be from courses offered over the internet or other distance learning modalities.

[3/14/00; 16.62.8.11 NMAC - Rn & A, 16 NMAC 62.8.11, 09/13/2004; A, 11/25/06; A, 08/21/2010; A, 01/01/2015]

 

16.62.8.12             CONTINUING EDUCATION REQUIREMENTS:  Thirty-two (32) hours of continuing education are required each biennial renewal period.  Continuing education requirements for initial trainees, licenses and certificates issued for less than two full years are pro-rated as defined in 16.62.7.12 NMAC.

                A.            Individuals must successfully complete the seven (7) hour national uniform standards of professional appraisal practice (USPAP) update course, or its equivalent as approved by the appraiser qualifications board (AQB).  Successful completion includes passing an exam if required by the appraiser qualifications board (AQB).

                B.            Successful completion of the AQB approved seven (7) hour national USPAP update course and the four (4) hour board approved renewal update course will be required of every trainee, licensee and certificate holder as a condition of renewal in each biennial renewal.

[3/14/00; 16.62.8.12 NMAC - Rn & A, 16 NMAC 62.8.12, 09/13/2004; A, 11/25/2006; A, 08/21/2010; A, 1/16/2011; A, 01/01/2015]

 

16.62.8.13             EDUCATION ADVISORY COMMITTEE:  The board will appoint an education advisory committee for the purpose of reviewing courses and sponsors of education.

                A.            A committee approval shall go into effect immediately upon the committee's decision.

                B.            The board maintains the ability to review all approvals or disapprovals made by the committee.

[3/14/00; 16.62.8.13 NMAC - Rn, 16 NMAC 62.8.13, 09/13/2004; A, 08/21/2010; A, 01/01/2015]

 

16.62.8.14             APPROVAL OF SPONSORS:  The board may approve individuals or organizations as course sponsors.  Colleges and universities offering credit courses in real estate appraisal are also considered approved sponsors.

                A.            Requests for approval must be made on board approved forms and include a data storage device (CD or USB) containing an outline and a code of conduct for instructors.

                B.            The instructor selection and retention policy will include, at a minimum, the following requirements:

                                (1)           instructors of qualifying education courses must be licensed by exam or certified at the same or a higher category than the level of classes they are engaged to teach.

                                (2)           instructors engaged to teach the national uniform standards of professional appraisal practice (USPAP) course must qualify under the instructor evaluation policy for instructor selection for the national USPAP course developed by the appraisal foundation;

                                (3)           instructors must teach only the appraisal foundation-approved national uniform standards of professional appraisal practice (USPAP) course;

                                (4)           student critiques must be requested and maintained for each class given;

                                (5)           a summary of the critiques and the pass rate of the class must be submitted to the board within 30 days after the course is completed;

                                (6)           the sponsor shall provide a procedure for periodic monitoring of instructors in the classroom setting along with the sponsor application.

                C.            Approved sponsors shall comply with the following requirements to maintain approved status; the school must be conducted in accordance with these rules:

                                (1)           to permit the board or its representative access to the school or classes being conducted

and to make available to the board, upon request, all information pertaining to the activities of the school required for the administration of the rules and regulations, including its financial condition;

                                (2)           to advertise the school at all times in a form and manner free from misrepresentation, deception or fraud;

                                (3)           assure that all representations made by anyone authorized by the school to act as its agent or solicitor for prospective students are free from misrepresentation, deception or fraud;

                                (4)           when a school closes, all student records shall be submitted to the board within 30 days;

                                (5)           to maintain current, complete, and accurate student records and instructor critiques or summaries which shall be accessible at all times to the board or its authorized representative; these records shall include, in addition to other information, a record of payments made, a record of attendance, and a record of units of work completed;

                                (6)           to conduct all courses in accordance with outlines submitted to and approved by the board;

                                (7)           to only certify course completion for students who have successfully taken and passed the course; credit cannot be given for students who pass a course by challenging the course;

                                (8)           sponsors will be subject to renewal of approval every three (3) years or on a renewal period as determined by the AQB expiration date; the board assumes no responsibility for renewal courses not received from the sponsor for any reason; it is the sponsor’s responsibility to make timely request(s) for the renewal of course(s) for board approval;

                                (9)           sponsors must assure that all instructors:

                                                (a)           conduct all classes in accordance with board rules;

                                                (b)           ensure that all instruction is free from misrepresentation;

                                                (c)           instruct only from board-approved outlines;

                                                (d)           allow access to any class being instructed to any duly appointed representative of the board; and

                                                (e)           certify to his/her sponsor a true and correct record of students' attendance in his/her classes;

                                (10)         failure to comply with this rule may result in the loss of approval of the sponsor; and

                                (11)         the board reserves the right to disapprove an instructor.

                D.            Sponsors may also be approved for seminars, conferences and one-time courses.  Approval is limited to the dates of the course and may not be renewed.

[3/14/00; 16.62.8.14 NMAC - Rn, 16 NMAC 62.8.14, 09/13/2004; A, 11/25/2006; A, 01/16/2011; A, 01/01/2015]

 

16.62.8.15             APPROVAL OF COURSES:

                A.            All real estate appraisal courses except the appraisal qualifications board (AQB) approved fifteen (15) hour and seven (7) hour national USPAP courses, must have prior approval by the board if they are to be approved for credit towards continuing education or qualifying education.  Beginning January 1, 2008, all qualifying education courses for pre-trainee, pre-licensing and pre-certification must have been approved through the AQB course approval program. The AQB approved fifteen (15) hour national USPAP course and the seven (7) hour national USPAP update course do not require prior approval by the board with proof that the course was taught by an AQB certified national USPAP instructor who is also a residential or general certified appraiser. The course sponsor may certify in the form of a certificate provided to the student that the instructor meets the above board criteria.

                B.            All board approved real estate courses except the AQB approved fifteen (15) hour national USPAP course and the seven (7) hour national USPAP update course, as defined in Subsection A of this section, accepted for pre-trainee, pre-licensing and pre-certification credit must: be a minimum length of at least fifteen (15) hours and include successful completion of an approved closed-book examination pertinent to that educational offering.

                C.            Application for course approval must be made to the board. No classes for credit may commence prior to board approval.  The education advisory committee will review the application in accordance with 16.62.8.13 NMAC.

                D.            All course outlines approved by the board for pre-trainee, pre-licensing, pre-certification and continuing education credit shall become the property of the board and the outlines shall be available to all those board approved sponsors wishing to teach said courses.

                E.            All existing courses are subject to periodic review by the board.  The board may at any time change the approval status of any course.

[3/14/00; 16.62.8.15 NMAC - Rn & A, 16 NMAC 62.8.15, 09/13/2004; A, 11/25/2006; A, 01/16/2011; A, 7/10/2011; A, 01/01/2015]

 

16.62.8.16             ONE-ON-ONE APPROVAL:  The education advisory committee may approve continuing education credit on a one-on-one basis for courses that do not conform fully with 16.62.8.14 NMAC or 16.62.8.15 NMAC.

[3/14/00; 16.62.8.16 NMAC - Rn, 16 NMAC 62.8.16, 09/13/2004 A, 01/01/2015]

 

16.62.8.17             [RESERVED]

[3/14/00; 16.62.8.17 NMAC - Rn & A, 16 NMAC 62.8.17, 09/13/2004; A, 11/25/06]

 

16.62.8.18             EDUCATION CREDIT FOR TEACHING:  Instructors who are also certified and licensed may receive up to one-half of their continuing education requirement from instruction of appraisal courses or seminars.  Credit for instructing any given course or seminar can only be awarded once during a continuing education cycle.

[3/14/00; 16.62.8.18 NMAC - Rn & A, 16 NMAC 62.8.185, 09/13/2004]

 

HISTORY OF 16.62.8 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

REAB Rule 8, Educational Programs/Continuing Education, filed 11/29/90.

REAB Rule 8, Amendment 1, Educational Programs/Continuing Education, filed 10/3/91.

REAB Rule 9, Educational Programs/Continuing Education, filed 4/6/93.

Rule 9, Educational Programs/Continuing Education, filed 1/28/94.

Rule 9, Educational Programs/Continuing Education, filed 8/2/95.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 9, Educational Programs/Continuing Education (filed 8/2/95) was renumbered, reformatted and replaced by 16 NMAC 62.8, Educational Programs/Continuing Education, effective 03/14/2000.

16 NMAC 62.8, Educational Programs/Continuing Education (filed 02/14/2000) was renumbered, reformatted, amended, and replaced by 16.62.8 NMAC, Educational Programs/Continuing Education, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 9                 CERTIFICATE OF GOOD STANDING

 

16.62.9.1               ISSUING AGENCY:  Regulation and Licensing Department - NM Real Estate Appraisers Board.

[3/15/00; 16.62.9.1 NMAC - Rn, 16 NMAC 62.9.1, 09/13/2004; A, 01/01/2015]

 

16.62.9.2               SCOPE:  All trainees, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[3/15/00; 16.62.9.2 NMAC - Rn & A, 16 NMAC 62.9.2, 09/13/2004; A, 01/01/2015]

 

16.62.9.3               STATUTORY AUTHORITY:  These rules are promulgated pursuant to the real estate appraisers board, Sections 61-30-16 NMSA 1978 as amended.

[3/15/00; 16.62.9.3 NMAC - Rn, 16 NMAC 62.9.3, 09/13/2004]

 

16.62.9.4               DURATION:  Permanent.

[3/15/00; 16.62.9.4 NMAC - Rn, 16 NMAC 62.9.4, 09/13/2004]

 

16.62.9.5               EFFECTIVE DATE:  March 15, 2000, unless a later date is cited at the end of a section.

[3/15/00; 16.62.9.5 NMAC - Rn & A, 16 NMAC 62.9.5, 09/13/2004]

 

16.62.9.6               OBJECTIVE:  This part provides for the board office to issue a certificate of good standing, upon payment of a fee, certifying that an appraiser is duly licensed and not the subject of disciplinary action.

[3/15/00; 16.62.9.6 NMAC - Rn, 16 NMAC 62.9.6, 09/13/2004]

 

16.62.9.7               DEFINITIONS:  [RESERVED]

 

16.62.9.8               CERTIFICATE OF GOOD STANDING/FEE:  The board shall issue a certificate of good standing to any state trainee, licensed and certified real estate appraiser who is currently or has been credentialed under the act by virtue of having met the following requirements.

                A.            The trainee, license and certificate of the applicant must pay the required fees in full.

                B.            The applicant's appraiser trainee, license [or] and certificate must not be under suspension or revocation as a result of disciplinary action by the board, and the trainee, license and certificate holder must not be the subject of a pending notice of contemplated action issued by the board.

                C.            The certificate of good standing shall specify the current license status and license history of the applicant.  Verification of license history and good standing may also be obtained from the national registry of real estate appraisers.

                D.            The applicant must submit a written request and pay a fee set by the board for issuance of the certificate of good standing.

[2/28/94; 3/15/00; 16.62.9.8 NMAC - Rn & A, 16 NMAC 62.9.8, 09/13/2004; A, 11/25/06; A, 01/01/2015]

 

HISTORY OF 16.62.9 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

REAB Rule 9, Certificate of Good Standing, filed 11/29/90.

Rule 10, Certificate of Good Standing/Fee; filed 4/6/93.

Rule 10, Certificate of Good Standing/Fee, filed 1/28/94.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 10, Certificate of Good Standing/Fee (filed 1/28/94) was renumbered, reformatted and replaced by 16 NMAC 62.9, Certificate of Good Standing, effective 03/15/2000.

16 NMAC 62.9, Certificate of Good Standing (filed 02/28/2000) was renumbered, reformatted, amended, and replaced by 16.62.9 NMAC, Certificate of Good Standing, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 10               TEMPORARY PRACTICE

 

16.62.10.1             ISSUING AGENCY:  Regulation and Licensing Department - NM Real Estate Appraisers Board.

[3/15/00; 16.62.10.1 NMAC - Rn, 16 NMAC 62.10.1, 09/13/2004; A, 01/01/2015]

 

16.62.10.2             SCOPE:  All trainee real estate appraisers, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[3/15/00; 16.62.10.2 NMAC - Rn & A, 16 NMAC 62.10.2, 09/13/2004; A, 01/01/2015]

 

16.62.10.3             STATUTORY AUTHORITY: These rules are promulgated pursuant to the real estate appraisers board, Sections 61-30-21 NMSA 1978 as amended.

[3/15/00; 16.62.10.3 NMAC - Rn, 16 NMAC 62.10.3, 09/13/2004]

 

16.62.10.4             DURATION:  Permanent.

[3/15/00; 16.62.10.4 NMAC - Rn, 16 NMAC 62.10.4, 09/13/2004]

 

16.62.10.5             EFFECTIVE DATE:  March 15, 2000, unless a later date is cited at the end of a section.

[3/15/00; 16.62.10.5 NMAC - Rn & A, 16 NMAC 62.10.5, 09/13/2004]

 

16.62.10.6             OBJECTIVE:  This part provides that the board will issue temporary practice permits to out of state licensed or certified appraiser who present evidence of qualification.

[3/15/00; 16.62.10.6 NMAC - Rn, 16 NMAC 62.10.6, 09/13/2004]

 

16.62.10.7             DEFINITIONS:  “Assignment” means one or more real estate appraisals and written appraisal report(s) covered by a single contractual agreement for a specified number of properties.

[16.62.10.79 NMAC - N, 01/01/2015]

 

16.62.10.8             TEMPORARY PRACTICE PERMITS:

                A.            All persons who engage in the business of, act in the capacity of, advertise or display in any manner or otherwise assume to engage in the business of, or act as, a state real estate appraiser must have a board license or permit.

                B.            A temporary permit may be issued to non-resident appraiser licensed and certified appraiser for the purpose of performing an appraisal or an appraisal review.

                C.            Temporary practice for an appraisal review of a New Mexico real property:

                                (1)           The reviewing appraiser must have a New Mexico residential certification or general certification.

                                (2)           The temporary permit must be a New Mexico residential certification or general certification that is the same or greater certification than that of the original appraiser of the appraisal.

                                (3)           In the case of a review appraiser with an opinion of value, the review appraiser must have national USPAP compliance with competency in the report.

                D.            Temporary practice for an appraisal assignment of a New Mexico real property

                                (1)           Pursuant to Title XI, the board shall recognize, on a temporary basis, the certification or license of a real estate appraiser issued by another state.

                                (2)           The temporary permit may only be issued on an assignment basis.  A single assignment may include one or more properties under a single contract with a single client.

                                (3)           The out of state appraiser must comply with the national USPAP and with the board’s statutes and rules.

                                (4)           The out of state appraiser is subject to the board’s jurisdiction.

                E.            Applicants shall submit a form approved by the board to include the following:

                                (1)           verification of license history and good standing as obtained from the national registry of real estate appraisers; the board may obtain verification and certification from the ASC website;

                                (2)           the classification of the license or certification they hold;

                                (3)           whether they are subject to disciplinary action in the state in which they are licensed or certified; if subject to disciplinary action, submittal of a final order and letter of closer should also be submitted;

                                (4)           a statement certifying that the applicant's business in New Mexico is temporary and will not exceed 180 days;

                                (5)           a statement and accompanying contract identifying the specific assignment to which the temporary permit will apply;

                                (6)           an irrevocable statement consenting that suits and actions may be commenced against him/her in the proper court of any county of New Mexico arising from the applicant's actions as a state licensed or certified appraiser;

                                (7)           the fee specified in 16.62.12 NMAC.

                F.             A temporary permit extension may be obtained upon the written request submitted to the board office by the temporary permit holder; a one-time 30-day extension will be granted to complete the specified assignment.

[3/15/00; 16.62.10.8 NMAC - Rn, 16 NMAC 62.10.8, 09/13/2004; A, 11/25/06; A, 10/16/09; A, 08/21/10; A, 01/01/15]

 

16.62.10.9             PROVISIONS FOR EMERGENCY LICENSURE:

                A.            Licensed real estate appraisers currently licensed and in good standing, or otherwise meeting the requirements for New Mexico licensure in a state in which a federal disaster has been declared, may be licensed in New Mexico during the four months following the declared disaster with the same level of licensure they currently hold at no cost upon satisfying the following requirements:

                                (1)           receipt by the board of a completed application which has been signed and notarized and which is accompanied by proof of identity, which may include a copy of a driver’s license, passport or other photo identification issued by a governmental entity;

                                (2)           refer to 16.62.2.8 NMAC, trainee; 16.62.3.8 NMAC, licensed; 16.62.4.8 NMAC, residential; and 16.62.5.8 NMAC, general;

                                (3)           other required verification will be to contact the applicant’s prior licensing board by email, mail or telephone.

                B.            The board may waive the following requirements for licensure:

                                (1)           application fees;

                                (2)           taking and passing the NM state exam; the applicant will be required to take and pass the NM state exam within 60 days from the date the emergency license is issued.

                C.            The board may waive the specific forms required under 16.62.2.8, 16.62.3.8, 16.62.4.8 and 16.62.5.8 NMAC if the applicant is unable to obtain documentation from the federal declared disaster areas.

                D.            Nothing in this section shall constitute a waiver of the requirements for licensure contained in 16.62.2.8, 16.62.3.8, 16.62.4.8 and 16.62.5.8 NMAC.

                E.            Licenses issued under (the emergency provision) shall expire on April 30 following the date of issue, unless the board or an agent of the board approves a renewal application.  Application for renewal shall be made on or before April 30 following the date of issue to avoid late renewal fees.  The board reserves the right to request additional documentation, including but not limited to, recommendation forms and work experience verification forms prior to approving license renewal.

[16.62.10.9 NMAC - N/E, 11/10/05; A, 11/25/06; A, 01/01/2015]

 

16.62.10.10          EMERGENCY LICENSE TERMINATION:

                A.            The emergency license shall terminate upon the following circumstances:

                                (1)           the issuance of a permanent license under Sections 16.62.2.8, 16.62.3.8, 16.62.4.8 and 16.62.5.8 NMAC; or

                                (2)           proof that the emergency license holder has engaged in fraud deceit, misrepresentation in procuring or attempting to procure a license under this section.

                B.            Termination of an emergency license shall not preclude application for permanent licensure.

[16.62.10.10 NMAC - N/E, 11/10/05; Re-pr, 11/25/06]

 

HISTORY 0F 16.62.10 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

REAB Rule 10, Temporary Licenses, filed 11/29/90.

Rule 11, Temporary Licenses, filed 4/6/93.

Rule 11, Temporary Practice, filed 1/28/94.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 11, Temporary Practice (filed 1/28/94) was renumbered, reformatted and replaced by 16 NMAC 62.10, Temporary Practice, effective 03/15/2000.

16 NMAC 62.10, Temporary Practice (filed 02/28/2000) was renumbered, reformatted, amended, and replaced by 16.62.10 NMAC, Temporary Practice, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 11               APPLICATION FOR RECIPROCITY

 

16.62.11.1             ISSUING AGENCY:  Regulation and Licensing Department, NM Real Estate Appraisers Board.

[16.62.11.1 NMAC - N, 09/13/2004; A, 01/01/2015]

 

16.62.11.2             SCOPE:  All trainee real estate appraisers, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[16.62.11.2 NMAC - N, 09/13/2004; A, 01/01/2015]

 

16.62.11.3             STATUTORY AUTHORITY:  These rules are promulgated pursuant to the real estate appraisers board, Sections 61-30-1 and 20 NMSA 1978 as amended.

[16.62.11.3 NMAC - N, 09/13/2004]

 

16.62.11.4             DURATION:  Permanent.

[16.62.11.4 NMAC - N, 09/13/2004]

 

16.62.11.5             EFFECTIVE DATE:  09/13/2004, unless a later date is cited at the end of a section.

[16.62.11.5 NMAC - N, 09/13/2004]

 

16.62.11.6             OBJECTIVE:  This part provides requirements for making application for reciprocity.

[16.62.11.6 NMAC - N, 09/13/2004]

 

16.62.11.7             DEFINITIONS:  [RESERVED]

[16.62.11.7 NMAC - N, 09/13/2004]

 

16.62.11.8             APPLICATION FOR RECIPROCITY:

                A.            Applications for New Mexico state licensed appraiser, residential or general certified appraisers must hold an appraisers license or certificate in another state.

                B.            Applicants for reciprocity in the state of New Mexico must:

                                (1)           come from a home state where the credentialing requirements meet or exceed the New Mexico board of real estate appraisers requirements;

                                (2)           complete an application for New Mexico state licensed appraiser or certified appraiser, including the first page, the personal history questionnaire, three letters of verification, a 2” X 2” photograph;

                                (3)           verification of license history and good standing as obtained from the national registry of real estate appraisers;

                                (4)           submit copy of current license;

                                (5)           pay the appropriate fee by check or money order;

                                (6)           comply with all the New Mexico board of real estate appraisers statutes, rules and regulations; and

                                (7)           rely on a credential from a home state that complies with Title XI as determined by the appraisal subcommittee;

                C.            A reciprocal license shall expire two years after issuance.

                D.            Renewal requirements shall be in the same manner and with the same requirements as for the same classification of certified or licensed appraiser as stated in 16.62.7 NMAC

[16.62.11.8 NMAC - N, 09/13/2004; A, 11/25/06; A, 01/01/2015]

 

HISTORY 0F 16.62.11 NMAC:  [RESERVED]

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 12               FEES

 

16.62.12.1             ISSUING AGENCY:  Regulation and Licensing Department - NM Real Estate Appraisers Board.

[2/29/96; 16.62.12.1 NMAC - Rn, 16 NMAC 62.12.1, 09/13/2004; A, 01/01/2015]

 

16.62.12.2             SCOPE:  All trainee real estate appraisers, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[2/29/96; 16.62.12.2 NMAC - Rn & A, 16 NMAC 62.12.2, 09/13/2004; A, 01/01/2015]

 

16.62.12.3             STATUTORY AUTHORITY:  These rules are promulgated pursuant to the real estate appraisers board, Sections 61-30-7 and 17 NMSA 1978 as amended.

[2/29/96; 16.62.12.3 NMAC - Rn, 16 NMAC 62.12.3, 09/13/2004]

 

16.62.12.4             DURATION:  Permanent.

[2/29/96; 16.62.12.4 NMAC - Rn, 16 NMAC 62.12.4, 09/13/2004]

 

16.62.12.5             EFFECTIVE DATE:  February 29, 1996, unless a later date is cited at the end of a section.

[2/29/96; 16.62.12.5 NMAC - Rn & A, 16 NMAC 62.12.5, 09/13/2004]

 

16.62.12.6             OBJECTIVE:  This part lists the fees charged by the board.

[2/29/96; 16.62.12.6 NMAC - Rn, 16 NMAC 62.12.6, 09/13/2004]

 

16.62.12.7             DEFINITIONS:  [RESERVED]

 

16.62.12.8             FEES:  All fees required under the Real Estate Appraiser Act or these regulations are non-refundable unless otherwise noted.

                A.            Application fee for a trainee is $200, which includes the initial trainee period.

                B.            Application fee for a license is $300, which includes the initial licensing period.

                C.            Application fee for residential certification is $300, which includes the initial licensing period.

                D.            Application fee for general certification is $400, which includes the initial licensing period.

                E.            The fee for all examinations will be paid directly to the company who provides the exam.

                F.             The biennial renewal fee for trainee appraisers is $200.  During the implementation of the biennial renewal schedule, renewals issued for less than a two-year period will be pro-rated at $55 per year or portion of a year.  Any renewal issued for less than six months will be charged $30.

                G.            The biennial renewal fee for licensed appraisers is $300.  During the implementation of the biennial renewal schedule, renewals issued for less than a two-year period will be pro-rated at $110 per year or portion of a year.  Any renewal issued for less than six months will be charged $55.

                H.            The biennial renewal fee for residential certified appraisers is $300.  During the implementation of the biennial renewal schedule, renewals issued for less than a two-year period will be pro-rated at $110 per year or portion of a year.  Any renewal issued for less than six months will be charged $55.

                I.             The biennial renewal fee for general certified appraisers is $355.  During the implementation of the biennial renewal schedule, renewals issued for less than a two-year period will be pro-rated at $155 per year or portion of a year.  Any renewal issued for less than six months will be charged $80.

                J.             The current fee for listing on the federal registry as charged by the appraisal subcommittee (ASC).

                K.            The application fee for a temporary practice permit is $250.

                L.            The fee for replacement of trainee, license or certificate is $50.

                M.           The fee for a certificate of good standing is $25.

                N.            Administrative reinstatement fee is $200.

                O.            Administrative late fee is $100.00.

                P.             Administrative fees as follows:                

                                (1)           approved continuing education course is $50;

                                (2)           approval of continuing education sponsorship is $75;

                                (3)           licensee list is $150;

                                (4)           miscellaneous is $25 up to a max of $100.

[2/29/96; 16.62.12.8 NMAC - Rn, 16 NMAC 62.12.8, 09/13/2004; A, 08/21/2010; A, 01/16/2011; A, 7/10/2011; A, 01/01/2015]

 

HISTORY OF 16.62.12 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

REAB Rule 12, Fees, filed 11/29/90.

Rule 13, Fees, filed 4/6/93.

Rule 13, Fees, filed 1/28/94.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 13, Fees (filed 1/28/94) was renumbered, reformatted and replaced by 16 NMAC 62.12, Fees, effective 02/29/1996.

16 NMAC 62.12, Fees (filed 2/12/96) was renumbered, reformatted, amended, and replaced by 16.62.12 NMAC, Fees, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 13               DISCIPLINARY PROCEEDINGS

 

16.62.13.1             ISSUING AGENCY:  Regulation and Licensing Department - NM Real Estate Appraisers Board.

[10/1/97; 16.62.13.1 NMAC - Rn, 16 NMAC 62.13.1, 09/13/2004; A, 01/01/2015]

 

16.62.13.2             SCOPE:  All trainee real estate appraisers, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[10/1/97; 16.62.13.2 NMAC - Rn & A, 16 NMAC 62.13.2, 09/13/2004; A, 01/01/2015]

 

16.62.13.3             STATUTORY AUTHORITY:  This part is promulgated pursuant to the real estate appraisers board, Sections 61-30-7, 15, 16 and 22 NMSA 1978 as amended.

[10/1/97; 16.62.13.3 NMAC - Rn, 16 NMAC 62.13.3, 09/13/2004]

 

16.62.13.4             DURATION:  Permanent.

[10/1/97; 16.62.13.4 NMAC - Rn, 16 NMAC 62.13.4, 09/13/2004]

 

16.62.13.5             EFFECTIVE DATE:  October 1, 1997, unless a later date is cited at the end of a section.

[10/1/97; 16.62.13.5 NMAC - Rn & A, 16 NMAC 62.13.5, 09/13/2004]

 

16.62.13.6             OBJECTIVE:  This part lists actions which can be the cause of disciplinary action by the board against a trainee, licensee or certificate holder and provides a procedure for a respondent to accept a letter of reprimand pursuant to violations of law or regulations.

[10/1/97; 16.62.13.6 NMAC - Rn, 16 NMAC 62.13.6, 09/13/2004; A, 11/25/06, A, 01/01/2015]

 

16.62.13.7             DEFINITIONS:  “Complaint committee” shall be appointed by the board.  Complaint committee chairperson shall be an appraiser board member.  The complaint committee is for the purpose of evaluating complaints.

[10/1/97; 16.62.13.7 NMAC - Rn & A, 16 NMAC 62.13.7, 09/13/2004; A, 01/01/2015]

 

16.62.13.8             FILING COMPLAINT:  Upon receipt of a sworn complaint against any person who is a trainee, licensed or certified under the Real Estate Appraisers Act, the board may administratively evaluate the complaint to determine whether sufficient information of a potential violation of board statute or rules, or the national uniform standards of professional appraisal practice (USPAP) exists to pursue investigation and possible formal disciplinary action.  Upon receipt of a complaint, the board may:

                A.            evaluate or investigate the alleged violations;

                B.            refer the matter to a peer committee; or

                C.            dispose of a complaint if it determines that there is insufficient information, lack of probable cause, lack of jurisdiction or if the complaint is determined to be frivolous.

[10/1/97; 16.62.13.8 NMAC - Rn & A, 16 NMAC 62.13.8, 09/13/2004; A, 01/01/2015]

 

16.62.13.9             REVIEW OF COMPLAINT:  The chairman of the board shall appoint at least one appraiser member of the board to evaluate each complaint filed with the board.

                A.            The board member appointee/evaluator shall also be chairperson of the complaint committee.  The administrative review of complaints shall be completed by this person.

                B.            The complaint committee may perform a regulatory review of an appraisal that is the subject of a complaint.  Complaint committee members shall be competent to review an appraisal.

                C.            The complaint committee may refer the appraisal that is the subject of a complaint to a peer committee to perform a Standard 3 review of the appraisal.

                D.            Upon completion and review of the investigation initiated pursuant to this regulation, the board member appointee/evaluator along with the complaint committee shall either recommend the case be closed or shall submit to the board a recommendation for further disciplinary action.

                E.            If the board member appointee/evaluator and board counsel determine that there is insufficient information, lack of probable cause, lack of jurisdiction or if the complaint is determined to be frivolous, an investigation shall not be initiated and the complaint shall be deemed invalid and closed without further incident.

[10/1/97; 16.62.13.9 NMAC - Rn & A, 16 NMAC 62.13.9, 09/13/2004; A, 01/01/2015]

 

16.62.13.10          RESPONDING TO COMPLAINT:

                A.            In response to an investigation against any person who is a trainee, licensed or certified under the Real Estate Appraisers Act, the respondent must respond within ten (10) days of receipt as allowed by the Uniform Licensing Act.

                B.            Failure to respond within time frame specified, may result in disciplinary action up to and including revocation of license at the discretion of the board.

[16.62.13.10 NMAC - N, 11/25/06; A, 01/01/2015]

 

16.62.13.11                                          [RESERVED]

 

16.62.13.12          REPRIMAND PUBLIC RECORD:  The fact that a trainee appraiser, license or certificate holder has received a letter of reprimand is a matter of public record.

[10/1/97; 16.62.13.12 NMAC - Rn & A, 16 NMAC 62.13.12, 09/13/2004; A, 01/01/2015]

 

16.62.13.13          PRIVATE REMEDY:  Action or non-action by the board on any complaint does not preclude any private remedy taken by the complainant.

[10/1/97; 16.62.13.13 NMAC - Rn, 16 NMAC 62.13.13, 09/13/2004]

 

16.62.13.14          REFUSAL, SUSPENSION OR REVOCATION:

                A.            Disciplinary proceedings may be instituted by the sworn complaint of any person, including members of the board, filed with the board.  The complaint shall conform with the provisions of the Uniform Licensing Act, Section 61-1-1 et seq., NMSA 1978.

                B.            In accordance with the procedures contained in the Uniform Licensing Act, the board may deny, revoke or suspend any trainee, license or certificate held or applied for upon finding, after a hearing, that the trainee appraiser, licensee, certificate holder or applicant has violated any provision of the Real Estate Appraisers Act (Section 61-30-1 et seq., NMSA 1978) or regulations or continually or repeatedly or persistently or willfully violated any of the prohibitions found hereinafter:

                                (1)           obtaining or attempting to obtain any fee through fraud, misrepresentation, or other dishonesty;

                                (2)           impersonating another person trainee, licensed or certified to practice real estate appraisal or permitting or allowing any person to use his/her registration, license or certificate;

                                (3)           aiding or abetting the practice of real estate appraisal by a person not a trainee, licensed or certified by the board;

                                (4)           the suspension or revocation by another state of a trainee registration, license or certificate to practice real estate appraisal based upon acts by the trainee appraiser, certificate holder or licensee similar to acts described in the section;

                                (5)           the solicitation of any person either by a trainee appraiser, licensee or certificate holder or by one in his/her employ or under his/her control under circumstances suggesting that the appraiser or other person was taking advantage of the person being solicited from making a rational independent decision as to whether or not to obtain the services of an appraiser, or any particular appraiser;

                                (6)           falsifying of real estate appraisal records, whether or not for personal gain;

                                (7)           practicing beyond the scope of the trainee, license or certificate as defined by state law and/or regulations;

                                (8)           advertising in any manner that violates the board's regulation on advertising, as provided in 16.62.16 NMAC; or

                                (9)           making false statements in any application for trainee, licensure or certification.

                C.            If the complaint committee, following an investigation and review, believes there is sufficient evidence that would justify denying, revoking or suspending a professional license or taking other disciplinary action, it will recommend to the board to issue a notice of contemplated action (“NCA”).

                D.            Based on the board’s decision, board staff will send a request for an NCA to the litigation division of the attorney general’s office.  The NCA request must include a description of the licensee’s allegedly improper conduct and the provisions of the board’s practice act and rules that the conduct allegedly violated.  If the respondent is an applicant, the NCA must include an explanation as to why the board is contemplating denying licensure.  An assistant attorney general in the litigation division, referred to as the “administrative prosecutor,” will review the file.  Based on his/her review, the administrative prosecutor may return the file to the board for additional investigation or information or will draft an NCA.

                E.            Constitutional due process principles require a board to conduct an administrative hearing at the timely request of a respondent who has been served with an NCA.  The respondent is entitled to:

                                (1)           a statement of the charge(s);

                                (2)           notice of the time and place of the hearing;

                                (3)           a hearing before an impartial decision maker;

                                (4)           the right to cross-examine witnesses who testify against him/her;

                                (5)           the right to present his or her own witnesses, and

                                (6)           the right to be represented by an attorney or a licensed member of the profession or both.

[10/1/97; 16.62.13.14 NMAC - Rn & A, 16 NMAC 62.13.14, 09/13/2004; A, 11/25/06; A, 01/01/2015]

 

16.62.13.15          DELEGATION OF AUTHORITY: The authority of the real estate appraisers board to issue a notice of contemplated action against any licensee/registrant or applicant for licensure/registration whose name appears on the certified list issued by the New Mexico department of human services, as provided in NMSA 1978, 40-5A-1, et seq, and to refer cases in which notices of contemplated action have been issued for administrative prosecution, is delegated to the administrator of the board. This section shall not be construed to deprive the board of its authority and power to issue a notice of contemplated action for any apparent violation of the Parental Responsibility Act, and to refer any such case for administrative prosecution.

[16.62.13.15 NMAC - N, 01/16/2011]

 

HISTORY OF 16.62.13 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the state records center and archives under:

REAB Rule 13, Discipline: Letter of Reprimand, filed 11/29/90.

Rule 14, Discipline: Letter of Reprimand, filed 4/6/93.

Rule 14, Discipline: Letter of Reprimand, filed 1/28/94.

REAB Rule 14, Refusal, Suspension or Revocation of License or Certificate, filed 11/29/90.

Rule 15, Refusal, Suspension or Revocation of License or Certificate, filed 4/6/93.

Rule 15, Refusal, Suspension or Revocation of Registration, License or Certificate, filed 1/28/94.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 15, Refusal, Suspension or Revocation of Registration, License or Certificate (filed 1/28/94) was renumbered, reformatted and replaced by 16 NMAC 62.13, Disciplinary Proceedings, effective 10/01/1997.

16 NMAC 62.13, Disciplinary Proceedings (filed 8/29/97) was renumbered, reformatted, amended, and replaced by 16.62.13 NMAC, Disciplinary Proceedings, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 15               RETIREMENT AND REINSTATEMENT

 

16.62.15.1             ISSUING AGENCY:  Regulation and Licensing Department - NM Real Estate Appraisers Board.

[3/15/00; 16.62.15.1 NMAC - Rn, 16 NMAC 62.15.1, 09/13/2004; A, 01/01/2015]

 

16.62.15.2             SCOPE:  All trainee real estate appraisers, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[3/15/00; 16.62.15.2 NMAC - Rn & A, 16 NMAC 62.15.2, 09/13/2004; A, 01/01/2015]

 

16.62.15.3             STATUTORY AUTHORITY:  These rules are promulgated pursuant to the real estate appraisers board, Sections 61-30-7 and 14 NMSA 1978 as amended.

[3/15/00; 16.62.15.3 NMAC - Rn, 16 NMAC 62.15.3, 09/13/2004]

 

16.62.15.4             DURATION:  Permanent.

[3/15/00; 16.62.15.4 NMAC - Rn, 16 NMAC 62.15.4, 09/13/2004]

 

16.62.15.5             EFFECTIVE DATE:  March 15, 2000, unless a later date is cited at the end of a section.

[3/15/00; 16.62.15.5 NMAC - Rn & A, 16 NMAC 62.15.5, 09/13/2004]

 

16.62.15.6             OBJECTIVE:  This part provides for inactive status, retirement and reinstatement of a trainee, license or certificate under certain circumstances.

[3/15/00; 16.62.15.6 NMAC - Rn & A, 16 NMAC 62.15.6, 09/13/2004; A, 01/01/2015]

 

16.62.15.7             DEFINITIONS:  [RESERVED]

 

16.62.15.8             RETIREMENT:  Any appraiser who wishes to retire from practice shall notify the board in writing prior to the expiration of trainee, license or certificate.  The notice will be recorded in the minutes of the board.  The appraiser shall be exempt from payment of the yearly renewal fees during the period of retirement.

                A.            No request for retirement status will be accepted if the appraiser is under investigation or facing disciplinary proceedings.

                B.            An appraiser does not have to meet an age requirement in order to request retirement status.

                C.            Licensees on retirement status will be reported to the national registry.

[3/15/00; 16.62.15.8 NMAC - Rn & A, 16 NMAC 62.15.8, 09/13/2004; A, 01/01/2015]

 

16.62.15.9             REINSTATEMENT:  Any appraiser who has retired as provided in 16.62.15.8 NMAC, may, within two years from the date the active trainee, license or certificate expired, apply to the board for reinstatement of license or certificate.

[3/15/00; 16.62.15.9 NMAC - Rn & A, 16 NMAC 62.15.9, 09/13/2004; A, 01/01/2015]

 

16.62.15.10          APPLICATION FOR REINSTATEMENT:

                A.            The application for the reinstatement of a license or certificate shall provide space for the applicant to provide the board the following information:

                                (1)           the license number of the former trainee, license or certificate;

                                (2)           the full name of the applicant;

                                (3)           the date of the original issue;

                                (4)           the date of the applicant's retirement.

                B.            The application must be completed and returned to the board with a check or money order in an amount equivalent to all lapsed renewal fees.  In addition, the applicant for reinstatement of trainee, license or certificate must offer proof sufficient to satisfy the board that he/she has taken in the calendar year immediately preceding the application for reinstatement, a minimum of fourteen clock hours per year missed in refresher courses in addition to any hours of continuing education units the applicant might have been delinquent prior to retirement.  Prior to reinstatement, the applicant must show proof that he or she is current with all continuing education hours required for each year in retirement status.

                C.            The application must be completed within two (2) years from the date the active trainee, license or certificate expired. The application will be reviewed by the board at its next regularly scheduled meeting.  If the board finds the application in order and is satisfied that the applicant for reinstatement has fulfilled the requirements as specified, the board shall issue the applicant a registration, license or certificate.

                D.            No appraiser who has retired shall reactivate his/her practice until a new trainee registration, license or certificate is received.  The appraiser shall not prepare an appraisal while in retirement status.

[3/15/00; 16.62.15.10 NMAC - Rn & A, 16 NMAC 62.15.10, 09/13/2004; A, 06/13/08; A, 01/01/2015]

 

16.62.15.11          INACTIVE STATUS

                A.            The following criteria must be met for inactive status eligibility:

                                (1)           the licensee must be in good standing; and

                                (2)           the license must be current.

                B.            A licensee who fails to renew a license by April 30th of any year, shall renew the license in accordance with the Appraisal Act before the licensee can be considered for inactive status.

                C.            A licensee who wishes to be placed on inactive status shall:

                                (1)           Notify the in writing prior to the expiration of the license or certificate.  The notice will be recorded in the minutes of the board; and

                                (2)           Pay the fees established by the board to be placed on inactive status.

                D.            A licensee on inactive status shall not engage in any activity for which registration is required.

                E.            Rendering or offering to render in appraisal services or engaging in the any appraisal activity while on inactive status shall be considered sufficient grounds for disciplinary action by the board.

                F.             When an appraiser holds an inactive license and represents himself/herself in public statements that include but are not limited to, paid or unpaid advertising, brochures, printed matter, directory listings, personal resumes or curricula vitae, interviews or comments for use in media, statements in legal proceedings, lectures, and public oral presentations, must disclose that with an inactive license, and shall not provide appraisal consulting.

                G.            Licensees on inactive status will be reported to the national registry.

[16.62.15.11 NMAC - N, 01/01/2015]

 

16.62.15.12          REINSTATEMENT FROM INACTIVE STATUS

                A.            The inactive licensee may apply for reinstatement to active status within three (3) years after trainee, license or certificate has been placed on inactive status.  The applicant  shall complete an application for reinstatement to include the following:

                                (1)           the license number of the former apprentice/trainee, license or certificate;

                                (2)           the full name of the applicant;

                                (3)           the date of the original issue;

                                (4)           the date of the applicant's inactive status.

                B.            The application must be completed and returned to the board with a check or money order in an amount described in 16.62.12 NMAC.  In addition, the applicant for reinstatement of trainee, license or certificate must provide satisfactory proof of completion of the continuing education requirements described in 16.62.8 NMAC.

                C.            The application will be reviewed by the board at its next regularly scheduled meeting.  If the board finds the application is in order and is satisfied that the applicant for reinstatement has fulfilled the requirements as specified, the board shall issue the applicant a registration, license or certificate.

                D.            No appraiser who has an inactive status shall reactivate his/her practice until a new trainee registration, license or certificate is received.

                E.            No application for inactive status will be accepted if the appraiser is under investigation or facing disciplinary proceedings.

                F.             If the inactive licensee applies for reinstatement to active status more than three (3) years after trainee, license or certificate has been placed on inactive status, the applicant shall:

                                (1)           complete an application for reinstatement to include the following:

                                                (a)           the license number of the former trainee, license or certificate;

                                                (b)           the full name of the applicant;

                                                (c)           the date of the original issue;

                                                (d)           the date of the applicant's inactive status;

                                (2)           take and pass the state examination.

                G.            The application must be completed and returned to the board with a check or money order in an amount described in 16.62.12 NMAC.  In addition, the applicant for reinstatement of traineeship, license or certificate must provide satisfactory proof of completion of the continuing education requirements described in 16.62.8 NMAC in addition to classroom hours:

                                (1)           Licensed and residential certified appraisers:

                                                (a)           15 hour national USPAP;

                                                (b)           residential market analysis and highest and best use;

                                                (c)           residential appraiser site valuation and cost approach;

                                                (d)           residential sales comparison and income approaches;

                                                (e)           residential report writing and case studies.

                                (2)           general certified appraisers:

                                                (a)           15 hour national USPAP;

                                                (b)           general appraiser market analysis and highest and best use;

                                                (c)           general appraiser site valuation and cost approach;

                                                (d)           general appraiser sales comparison and income approaches;

                                                (e)           general appraiser report writing and case studies;

                                                (f)            general appraiser income approach.

                H.            The application will be reviewed by the board at its next regularly scheduled meeting.  If the board finds the application in order and is satisfied that the applicant for reinstatement has fulfilled the requirements as specified, the board shall issue the applicant a registration, license or certificate.

                I.             No appraiser who has an inactive status shall reactivate his/her practice until a new trainee registration, license or certificate is received.

                J.             No application for inactive status will be accepted if the appraiser is under investigation or facing disciplinary proceedings.

                K.            A licensee on inactive status shall not render or offer to render appraisal services or otherwise engage in the any appraisal practice until the board issues a new license.

[16.62.15.12 NMAC - N, 01/01/2015]

 

HISTORY OF 16.62.15 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the state records center and archives under:

REAB Rule 16, Retirement and Reinstatement, filed 11/29/90.

Rule 17, Retirement and Reinstatement, filed 4/6/93.

Rule 17, Retirement and Reinstatement, filed 1/28/94.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 17, Retirement and Reinstatement (filed 1/28/94) was renumbered, reformatted and replaced by 16 NMAC 62.15, Retirement and Reinstatement, effective 3/15/2000.

16 NMAC 62.15, Retirement and Reinstatement (filed 2/28/00) was renumbered, reformatted, amended, and replaced by 16.62.15 NMAC, Retirement and Reinstatement, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 16               ADVERTISING

 

16.62.16.1             ISSUING AGENCY:  Regulation and Licensing Department - NM Real Estate Appraisers Board.

[3/15/00; 16.62.16.1 NMAC - Rn, 16 NMAC 62.16.1, 09/13/2004; A, 01/01/2015]

 

16.62.16.2             SCOPE:  All trainee real estate appraisers, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers and temporary licensed real estate appraisers.

[3/15/00; 16.62.16.2 NMAC - Rn & A, 16 NMAC 62.16.2, 09/13/2004; A, 01/01/2015]

 

16.62.16.3             STATUTORY AUTHORITY:  These rules are promulgated pursuant to the real estate appraisers board, Section 61-30-7 NMSA 1978 as amended.

[3/15/00; 16.62.16.3 NMAC - Rn, 16 NMAC 62.16.3, 09/13/2004]

 

16.62.16.4             DURATION:  Permanent.

[3/15/00; 16.62.16.4 NMAC - Rn, 16 NMAC 62.16.4, 09/13/2004]

 

16.62.16.5             EFFECTIVE DATE:  March 15, 2000, unless a later date is cited at the end of a section.

[3/15/00; 16.62.16.5 NMAC - Rn & A, 16 NMAC 62.16.5, 09/13/2004]

 

16.62.16.6             OBJECTIVE:  This part provides requirements for advertising by trainees, licensees and certificate holders.

[3/15/00; 16.62.16.6 NMAC - Rn & A, 16 NMAC 62.16.6, 09/13/2004; A, 01/01/2015]

 

16.62.16.7             DEFINITIONS:  [RESERVED]

 

16.62.16.8             REQUIREMENTS/LIMITATIONS

                A.            No appraiser shall advertise or procure another to advertise, nor personally solicit or procure another to personally solicit on his/her behalf or on the behalf of another, in a manner that is false, fraudulent or misleading.

                B.            No firm, group or association may advertise as being a trainee, licensed or certified.  The individual members of the firm, group or association must be listed along with the scope of their apprenticeship, licenses or certifications.  Sole practitioners must include their name and the scope of their apprenticeship, license or certificate in every advertisement.

                C.            Advertisement for appraiser individuals or firms shall conform to the ethics provisions of the uniform standards of professional appraisal practice.

[3/15/00; 16.62.16.8 NMAC - Rn & A, 16 NMAC 62.16.8, 09/13/2004; A, 01/01/2015]

 

HISTORY OF 16.62.16 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

REAB Rule 19, Advertising, filed 11/29/90.

Rule 20, Advertising, filed 4/6/93.

Rule 20, Advertising, filed 1/28/94.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 20, Advertising (filed 1/28/94) was renumbered, reformatted and replaced by 16 NMAC 62.16, Advertising, effective 3/15/2000.

16 NMAC 62.16, Advertising (filed 2/28/00) was renumbered, reformatted, amended, and replaced by 16.62.16 NMAC, Advertising, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 17               UNLICENSED PRACTICE/PENALTIES

 

16.62.17.1             ISSUING AGENCY:  Regulation and Licensing Department - NM Real Estate Appraisers Board.

[3/15/00; 16.62.17.1 NMAC - Rn, 16 NMAC 62.17.1, 09/13/2004; A, 01/01/2015]

 

16.62.17.2             SCOPE:  All trainee real estate appraisers, licensed real estate appraisers, residential certified real estate appraisers, general certified real estate appraisers, temporary licensed real estate appraisers and members of the general public.

[3/15/00; 16.62.17.2 NMAC - Rn & A, 16 NMAC 62.17.2, 09/13/2004; A, 01/01/2015]

 

16.62.17.3             STATUTORY AUTHORITY:  These rules are promulgated pursuant to the real estate appraisers board, Section 61-30-22 NMSA 1978 as amended.

[3/15/00; 16.62.17.3 NMAC - Rn, 16 NMAC 62.17.3, 09/13/2004]

 

16.62.17.4             DURATION:  Permanent.

[3/15/00; 16.62.17.4 NMAC - Rn, 16 NMAC 62.17.4, 09/13/2004]

 

16.62.17.5             EFFECTIVE DATE:  March 15, 2000, unless a later date is cited at the end of a section.

[3/15/00; 16.62.17.5 NMAC - Rn & A, 16 NMAC 62.17.5, 09/13/2004]

 

16.62.17.6             OBJECTIVE:  This part provides for prosecution of unlicensed appraisal activity.

[3/15/00; 16.62.17.6 NMAC - Rn, 16 NMAC 62.17.6, 09/13/2004]

 

16.62.17.7             DEFINITIONS:  [RESERVED]

 

16.62.17.8             PROHIBITION:  Any person who violates the New Mexico Real Estate Appraisers Act is guilty of a misdemeanor and shall pay a fine of not more than $500 and/or be imprisoned for not more than six months.

[3/15/00; 16.62.17.8 NMAC - Rn, 16 NMAC 62.17.8, 09/13/2004]

 

16.62.17.9             HISTORY CONSIDERED:  An applicant's appraiser history, including any unlicensed practice, shall be considered by the board in determining whether to grant or renew a license or certificate.

[3/15/00; 16.62.17.9 NMAC - Rn, 16 NMAC 62.17.9, 09/13/2004]

 

16.62.17.10          PROSECUTION:  The attorney general or appropriate district attorney may, with the board's recommendation, prosecute or seek to enjoin the unlicensed activities.

[3/15/00; 16.62.17.10 NMAC - Rn, 16 NMAC 62.17.10, 09/13/2004]

 

HISTORY OF 16.62.17 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the state records center and archives under:

REAB Rule 15, Unlicensed Practice/Penalties, filed 11/29/90.

Rule 16, Unlicensed Practice/Penalties, filed 4/6/93.

 

History of Repealed Material:       [RESERVED]

 

Other History:

Rule 16, Unlicensed Practice/Penalties (filed 4/6/93) was renumbered, reformatted and replaced by 16 NMAC 62.17, Unlicensed Practice/Penalties, effective 3/15/2000.

16 NMAC 62.17, Unlicensed Practice/Penalties (filed 2/28/00) was renumbered, reformatted, amended, and replaced by 16.62.17 NMAC, Unlicensed Practice/Penalties, effective 09/13/2004.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 62     REAL ESTATE APPRAISERS

PART 18               LICENSURE FOR MILITARY MEMBERS, SPOUSES AND VETERANS

 

16.62.18.1             ISSUING AGENCY:  New Mexico Regulation and Licensing Department.

[16.62.18.1 NMAC - N, 01/01/2015]

 

16.62.18.2             SCOPE:  This part sets forth application procedures to expedite licensure for military service members, spouses and veterans.

[16.62.18.2 NMAC - N, 01/01/2015]

 

16.62.18.3             STATUTORY AUTHORITY:  These rules are promulgated pursuant to Section 61-1-34 of the Uniform Licensing Act, NMSA 1978, Section 61-1-1 to 34 (1957, as amended through 2013) and the Real Estate Appraisers Act, Sections 61-30-1 to 24 NMSA 1978.

[16.62.18.3 NMAC - N, 01/01/2015]

 

16.62.18.4             DURATION:  Permanent.

[16.62.18.4 NMAC - N, 01/01/2015]

 

16.62.18.5             EFFECTIVE DATE:  January 1, 2015, unless a later date is cited at the end of a section.

[16.62.18.5 NMAC - N, 01/01/2015]

 

16.62.18.6             OBJECTIVE:  The purpose of this part is to expedite licensure for military service members, spouses and veterans pursuant to Chapter 61, Article 30 NMSA 1978.

[16.62.18.6 NMAC - N, 01/01/2015]

 

16.62.18.7             DEFINITIONS:

                A.            “Military service member” means a person who is serving in the armed forces of the United States or in an active reserve component of the armed forces of the United States, including the national guard.

                B.            “Recent veteran” means a person who has received an honorable discharge or separation from military service within the two years immediately preceding the date the person applied for an occupational or professional license pursuant to this section.

[16.62.18.7 NMAC - N, 01/01/2015]

 

16.62.18.8             APPLICATION REQUIREMENTS:

                A.            Applications for registration shall be completed on a form provided by the board.

                B.            The information shall include:

                                (1)           completed application and fee;

                                (2)           satisfactory evidence that the applicant holds a license that is current and in good standing, issued by another jurisdiction, including a branch of armed forces of the United States, that has met the minimal licensing requirements that are substantially equivalent to the licensing requirements for the occupational or professional license the applicant applies for pursuant to Chapter 61, Article 30 NMSA 1978.;

                                (3)           proof of honorable discharge (DD214) or military ID card or accepted proof of military spouse status.

[16.62.18.8 NMAC - N, 01/01/2015]

 

16.62.18.9             RENEWAL REQUIREMENTS: A license issued pursuant to this section shall not be renewed unless the license holder satisfies the requirements for the issuance set forth in 16.62.2 NMAC and for the renewal of a license set forth in 16.62.7 NMAC

[16.62.18.9 NMAC - N, 01/01/2015]

 

HISTORY of 16.62.18 NMAC:  [RESERVED]

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63     SOCIAL WORKERS

PART 1                 GENERAL PROVISIONS

 

16.63.1.1               ISSUING AGENCY:  Regulation and Licensing Department - Board of Social Work Examiners, P.O. Box 25101, Santa Fe, NM 87504

[9/8/96; 16.63.1.1 NMAC - Rn, 16 NMAC 63.1.1, 06/19/02]

 

16.63.1.2               SCOPE:  All baccalaureate social workers, master social workers, and independent/clinical social workers.

[9/8/96; 16.63.1.2 NMAC - Rn, 16 NMAC 63.1.2, 06/19/02; A, 09/01/14]

 

16.63.1.3               STATUTORY AUTHORITY:  These parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.

[9/8/96; 16.63.1.3 NMAC - Rn, 16 NMAC 63.1.3, 06/19/02]

 

16.63.1.4               DURATION:  Permanent.

[9/8/96; 16.63.1.4 NMAC - Rn, 16 NMAC 63.1.4, 06/19/02]

 

16.63.1.5               EFFECTIVE DATE:  January 5, 1995, unless a different date is cited at the end of a section.

[9/8/96; 16.63.1.5 NMAC - Rn & A, 16 NMAC 63.1.5, 06/19/02]

 

16.63.1.6               OBJECTIVE:  To define terms relevant to social work licensing, public versus non-public records, license display, gender clause, and requirements for board members to attend meetings.

[9/8/96; 16.63.1.6 NMAC - Rn, 16 NMAC 63.1.6, 06/19/02]

 

16.63.1.7               DEFINITIONS:

                A.            Appropriate supervision:

                    (1)     Supervision shall be provided by an individual qualified by the board of social work examiners. Applicants and supervisors will engage in the process of supervision in accordance with the guidelines established by the board.

                    (2)     Supervision for licensed masters level social workers aspiring to achieve licensure at an independent clinical level shall be provided by an independent social worker licensed at the LISW or LCSW level who is engaged in direct clinical practice or by a licensed clinical professional approved by the board.

                    (3)     Supervision for master level social workers practicing clinical social work, not aspiring to achieve licensure at the clinical independent level, shall be provided by an independent social worker licensed at the LISW or LCSW level who is engaged in direct clinical practice, or other supervision approved by the board.

                    (4)     The relationship between the supervisor and supervisee must be designed to promote the development of professional social work skills for the delivery of social work services.  These skills include the integration of theory and practice, the development and application of intervention techniques, the development and constant improvement of social work standards and ethics, and the continued acquisition of professional knowledge.  Within the limits set forth by the board, teleconferencing and group supervision will be accepted.

                    (5)     Supervisors shall evaluate and oversee the manner in which the above skills development is reflected in the supervisee’s practice.  The supervisor’s responsibility insures that the supervisee acquires the necessary skills required for advanced and professional social work practice.  Supervisors shall immediately notify the board if there is a problem in the supervisory process or if the supervisor sees the applicant as unsuitable for this highest level of licensure.

                    (6)     Supervisors who are overseeing supervision of individuals licensed as masters social workers (LMSW) after May 1, 2015 and aspiring to achieve licensure at the independent clinical level must comply with the board’s supervisory requirements as follows:

                              (a)     Complete a three (3) hour administrative course on supervision that may be used as continuing education;

                              (b)     Submit an application that includes a curriculum vitae (resume) to the board for approval, prior to commencing supervision of the applicant; and

                              (c)     Submit a plan for supervision to the board to include the frequency of supervision and the type of supervision i.e., individual, group, teleconferencing that will be employed throughout the supervisory period.

                    (7)     Direct supervision: means face to face supervision, which may include video-teleconferencing. At least 70 of the 90 required hours must be obtained through direct supervision.

                    (8)     Group Supervision: means supervision rendered to no more than six (6) individuals per group at a time.  No more than 20 hours of the 90 required hours may be obtained through group supervision.

                    (9)     Interdisciplinary Supervision: upon a written request and a showing of extraordinary circumstances, the board may accept supervision by other licensed clinical professionals to include, clinical psychologists, psychiatrists and professional clinical counselors.  The supervising individual must be in good standing with their own professional licensing board.  Board approval must be received prior to the commencement of supervision and no more than 30 hours of the required 90 hours may be obtained through non LISW/LCSW supervision.

                    (10)     When a LCSW applicant seeks board approval for supervision from either an LCSW at the place of employment or from an outside supervisor who is not employed at the same agency as the LMSW seeking licensure, a signed agreement must be made between all parties. The agreement must include a statement that all client information is to be confidential and recognize that the decisions regarding clinical care rests with the agency/organization.  The employing agency shall be kept informed of any changes in the supervisory process.

                B.            Licensed Clinical Social Worker: an independent social worker with a clinical specialty is equivalent to an independent clinical social worker (LCSW).  The LCSW title captures the intent of being able to practice “independently” in providing clinical services.

                C.            Qualified applicants:

                    (1)     Means graduates from those programs having received accreditation by CSWE and those programs having candidacy status, conditional status, or under review status with CSWE.

                    (2)     For those applicants who graduated from an institution of higher education before CSWE began to accredit programs (prior to 1974), the New Mexico board of social work examiners will require:

                              (a)     a letter from the university's registrar’s office stating that the applicant's course of study culminated in a degree which was the equivalent of an emphasis or major in social work;

                              (b)     demonstrated social work experience;

                              (c)     documentation of social work licensure in a previous state; and

                              (d)     concurrence among the majority of professional members of the board that the transcripts reflect sufficient coursework in social work.

                D.            CSWE (council on social work education) accreditation: means those programs having received accreditation by CSWE and those programs having candidacy status or under review status with CSWE.

[1/1/90, 5/15/91, 6/22/92, 1/5/95, 5/1/99; 16.63.1.7 NMAC - Rn, 16 NMAC 63.1.7, 06/19/02; A, 04/24/06; A, 01/17/08; A, 12/31/08; A, 09/01/14]

 

16.63.1.8               PUBLIC RECORDS:  Except as provided herein and except as otherwise provided by law, all applications, pleadings, petitions and motions are matters of public record as of the time of filing with the board.  Any information covered in this section may be released to the disciplinary action reporting system ("DARS") of the association of social work boards "ASWB".

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95; 16.63.1.8 NMAC - Rn & A, 16 NMAC 63.1.8, 06/19/02; A, 04/24/06]

 

16.63.1.9               INSPECTION OF PUBLIC RECORDS:  Any citizen of the state may examine all public records in the board's custody.  People requesting inspection of public records shall provide reasonable notice to the board's administrator.  When the records requested are in active use, the requestor must notify the administrator five (5) days in advance.  The board may provide copies of public records upon request and upon payment of a reasonable copying fee.  No person shall remove board documents from the board office.  The board maintains files for all applicants.  Information in the applicant's file is a matter of public record except for the following:

                A.            letters of reference;

                B.            medical reports and/or records of chemical dependency, physical or mental examinations or treatment as outlined in the Social Work Practice Act 61-31-19d.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95; 16.63.1.9 NMAC - Rn, 16 NMAC 63.1.9, 06/19/02]

 

16.63.1.10             NON-PUBLIC RECORDS:  All complaints against social workers, investigative files, and matters of opinion are confidential and are not subject to public inspection.  Only board members and employees may access non-public records unless approved by board attorney and board chairman.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95; 16.63.1.10 NMAC - Rn, 16 NMAC 63.1.10, 06/19/02]

 

16.63.1.11             LICENSE DISPLAY:  The valid license must be displayed and must be visible to the public in the primary place of social work employment or business.  A licensee must practice social work under the name inscribed on the license.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95; 16.63.1.11 NMAC - Rn, 16 NMAC 63.1.11, 06/19/02]

 

16.63.1.12             BOARD GOVERNANCE:

                A.            There is created the board of social work examiners.

                B.            The board shall be administratively attached to the regulation and licensing department.

                C.            The board shall consist of seven members who are representative of the geographic and ethnic groups within New Mexico, who are United States citizens and who have been New Mexico residents for at least five years prior to their appointment.  Of the seven members:

                    (1)     four shall have been engaged in social work practice for at least five years; at least two of the four shall hold a master's degree in social work; and at least two shall hold a bachelor's degree in social work from schools of social work that are accredited by the council on social work education; at least one of these members shall be engaged primarily in clinical social work practice; one member shall be engaged primarily in education; one member shall be engaged primarily in administration or research in social work practice; and at least one member shall be engaged primarily in community organization, planning and development; these members shall hold a current New Mexico social work license and shall not hold office in any professional organization of social workers during their tenure on the board; and

                    (2)     three members shall represent the public; the public members shall not have been licensed or have practiced as social workers; public member shall not have any significant financial interest, whether direct or indirect, in social work practice.

                D.            Members of the board shall be appointed by the governor for staggered terms of three years.  Each member shall hold office until his successor is appointed.  Vacancies shall be filled for the unexpired term in the same manner as original appointments.

                E.            Except for the representatives of the public on the board, the governor shall appoint board members from a list of nominees submitted by social work organizations and individual social work professionals.

                F.             Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

                G.            The board shall elect a chairman and other officers as deemed necessary to administer its duties.

                H.            A simple majority of the board members currently serving shall constitute a quorum of the board.  A board member may participate in a board meeting by means of conference call or other similar communications equipment when it is otherwise difficult or impossible for the member to attend the meeting in person, provided that the member participating by conference call can be identified when speaking, all participants are able to hear each other at the same time and members of the public attending the meeting are able to hear any member of the public body who speaks during the meeting.

                I.             The board shall meet at least once a year and at such other times as it deems necessary.  Other meetings may be called by the chairman upon the written request of a quorum of the board.

                J.             The governor may remove any member from the board for the neglect of any duty required by law, for incompetence, for improper or unprofessional conduct as defined by board regulation or for any reason that would justify the suspension or revocation of his license to practice social work.

                K.            No board member shall serve more than two consecutive terms, and any member failing to attend, after proper notice, three consecutive meetings shall automatically be removed as a board member, unless excused for reasons set forth in board regulation.

                L.            In the event of a vacancy for any reason, the board secretary shall immediately notify the governor and the board of the vacancy and the reason for its occurrence to expedite the appointment of a new board member within a six-month period.

                M.           Board members may be excused from attending board meetings for any of the reasons set forth below:

                    (1)     illness;

                    (2)     death in the immediate family;

                    (3)     military service;

                    (4)     inclement weather;

                    (5)     any other reason deemed appropriate by the chairperson of the board.

[1/5/95, 5/1/99; 16.63.1.12 NMAC - Rn, 16 NMAC 63.1.12, 06/19/02]

 

16.63.1.13             COOPERATION WITH THE BOARD:

                A.            A social worker shall give full cooperation and assistance to the board of social work examiners and to its committees, functions and duties with respect to licensing and disciplinary matters.  Applicants and licensees shall respond promptly to any matter or inquiry by the board.

                B.            Failure to cooperate with the board in an investigation as required by 16.63.13 NMAC herein will constitute unprofessional behavior and may result in disciplinary action, including but not limited to suspension, revocation or denial of license, as provided by the Social Work Practice Act, Sections 61-31-1 through 61-31-25 NMSA 1978, as amended.

[6/22/92, 5/1/99; 16.63.1.13 NMAC - Rn, 16 NMAC 63.1.13, 06/19/02]

 

16.63.1.14             [RESERVED]

 

HISTORY OF 16.63.1 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives:

Rule 1, General Provisions, 12/1/89.

Rule 1, General Provisions, 8/13/90.

Rule 1, General Provisions, 4/15/91.

Rule 1, General Provisions, 5/22/92.

Rule 1, General Provisions, 12/5/94.

Rule 2, Definitions, 12/1/89.

Rule 2, Definitions, 4/15/91.

Rule 2, Definitions, 5/22/92.

Rule 2, Definitions, 12/5/94.

 

History of Repealed Material:  [RESERVED]

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63     SOCIAL WORKERS

PART 3                 APPLICATION FOR LICENSURE

 

16.63.3.1               ISSUING AGENCY:  Regulation and Licensing Department, Board of Social Work Examiners

P.O. Box 25101, Santa Fe, NM  87504

[9/8/96; 16.63.3.1 NMAC - Rn, 16 NMAC 63.3.1, 06/19/02]

 

16.63.3.2               SCOPE:  All baccalaureate social workers, master social workers, and independent social workers.

[9/8/96; 16.63.3.2 NMAC - Rn, 16 NMAC 63.3.2, 06/19/02]

 

16.63.3.3               STATUTORY AUTHORITY:  These parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8.J and 61-31-14 NMSA 1978.

[9/8/96; 16.63.3.3 NMAC - Rn, 16 NMAC 63.3.3, 06/19/02]

 

16.63.3.4               DURATION:  Permanent

[9/8/96; 16.63.3.4 NMAC - Rn, 16 NMAC 63.3.4, 06/19/02]

 

16.63.3.5               EFFECTIVE DATE:  January 5, 1995, unless a different date is cited at the end of a section.

[9/8/96; 16.63.3.5 NMAC - Rn & A, 16 NMAC 63.3.5, 06/19/02]

 

16.63.3.6               OBJECTIVE:  To outline the application process, parameters of practice, and the renewal procedure.

[9/8/96; 16.63.3.6 NMAC - Rn, 16 NMAC 63.3.6, 06/19/02]

 

16.63.3.7               DEFINITIONS:  [Reserved]

 

16.63.3.8               APPLICATION FOR LICENSURE:  Applicants, other than those applying for licensure by credentials, must submit or cause to be submitted the following documentation to the board:

                A.            completed application;

                B.            two (2) personal character references;

                C.            one (1) 2" x 2" original photograph of the applicant taken within the preceding six (6) months affixed to the application;

                D.            license fee as provided in Part 8;

                E.            official transcripts directly from the university or college or by other means approved by the board verifying a bachelors or masters degree in social work; and

                F.             verification of supervision must be received directly from the supervisor or by other means approved by the board;

                G.            if currently or previously licensed in another state you must submit verification of licensure, which must be sent directly to the board by the issuing jurisdiction;

                H.            official exam scores; proof of passing the licensure exam must be received directly from the association of social work boards or from the jurisdiction in which the applicant is licensed; and

                I.             verification the applicant has completed one of the following:

                    (1)     a three credit hour course in New Mexico cultures listed on the applicants transcripts;

                    (2)     a board approved course, workshop or seminar in New Mexico cultures;

                    (3)     proof of previously passing the New Mexico cultural examination;

                J.             proof of passing the jurisprudence examination with a grade of no less than 70%.

[5/15/91, 6/22/92, 1/5/95, 5/1/99; 16.63.3.8 NMAC - Rn, 16 NMAC 63.3.8, 06/19/02; A, 04/24/06; A, 11/30/06; A, 01/17/08; A, 12/31/08]

 

16.63.3.9               PARAMETERS OF PRACTICE:  The scope of practice for the independent social worker is set forth in 16.63.11.9 NMAC.  The scope of practice for the master social worker is set forth in 16.63.10.9 NMAC.  The scope of practice for the baccalaureate social worker is set forth in 16.63.9.9 NMAC.

[5/15/91, 6/22/92, 1/5/95; 16.63.3.9 NMAC - Rn, 16 NMAC 63.3.9, 06/19/02]

 

16.63.3.10             INITIAL LICENSE/RENEWAL OF LICENSE:

                A.            Initial license.

                    (1)     Initial licenses issued between January 1 and June 30 shall expire on July 1 of the next calendar year.

                    (2)     Initial licenses issued between July 1 and December 31 shall expire on July 1 of the second calendar year following the date of issuance.

                B.            No license will be issued for longer than 24 months.

                C.            Renewal of license.

                    (1)     Each licensed social worker shall apply for license renewal and pay the renewal fee as set forth in Part 8.

                    (2)     Licenses that expire July 1, 2007 will renew according to the following schedule.

                              (a)     If the last digit of the license number ends in an even number the license will expire on July 1, 2008 and biennially thereafter. The renewal fee will be prorated.

                              (b)     If the last digit of the license number ends in an odd number the license will expire on July 1, 2009 and biennially thereafter.

                D.            A 30-day grace period, running from July 1 - July 30, of the renewal year allows the social worker to submit a renewal without a late penalty fee. However the social worker’s license shall be considered expired and the social worker will refrain from practicing.

                E.            From July 31 to September 29 of the renewal year the social worker may renew the license, however a penalty fee will be assessed (16.63.8.17 NMAC).

                F.             If revoked for non-renewal, the licensee will be required to pay previous penalties, complete a new application and pay another application fee. Licensees revoked for non-renewal may be reinstated if revocation was due to extenuating circumstances. These extenuating circumstances include serious, physician-verified illness and military service. The extenuating circumstances must be presented in writing for the board’s consideration and will be handled on a case-by-case basis. Licenses will only be reinstated if licensees are up to date with all current continuing education requirements and pass an exam prescribed by the board.

                G.            Electronic signatures shall be accepted on all applications.

[5/15/91, 6/22/92, 1/5/95; 5/1/99, 16.63.3.10 NMAC - Rn, 16 NMAC 63.3.10, 06/19/02; A, 04/24/06; A, 11/30/06; A, 01/17/08; A, 12/31/08; A, 09/01/14]

 

16.63.3.11             QUALIFIED APPLICANTS:  As per 16.63.4.12 NMAC "Qualified applicants who fail to obtain the minimum required score may retake the (ASWB) exam an unlimited number of times.  Applicants must pay the examination fee for each administration of the examination."  Prior to the re-examination a new application must be submitted to the board by the applicant.  A non-refundable application fee must accompany the new application. Qualifications for examination will be evaluated based on the most recent application. Initial applications are valid for a period of twelve (12) months; additional, applications shall be valid for a period not to exceed twelve (12) months from the date of initial submission.

[5/15/91, 6/22/92, 1/15/95, 5/1/99; 16.63.3.11 NMAC - Rn & A, 16 NMAC 63.3.11, 06/19/02; A, 04/24/06; A, 11/30/06; A, 01/17/08]

 

16.63.3.12             EXAMINATION REQUIRED:  No license, other than a provisional license, will be issued without passing exam scores for ASWB at the appropriate level.  The scores of ASWB examination may be submitted by ASWB, or by the state board from which the applicant is currently licensed, directly to the New Mexico board of social work examiners.

[5/15/91, 6/22/92, 1/15/95, 5/1/99; 16.63.3.12 NMAC - Rn & A, 16 NMAC 63.3.12, 06/19/02; A, 11/30/06]

 

HISTORY OF 16.63.3 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives:

Rule 3, Application for Licensure, 4/15/91.

Rule 3, Application for Licensure, 5/22/92.

Rule 3, Application for Licensure, 12/5/94.

 

History of Repealed Material:  [RESERVED]

 
Return to NMAC homepage
 

TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63       SOCIAL WORKERS

PART 4                 EXAMINATIONS

 

16.63.4.1               ISSUING AGENCY:  Regulation and Licensing Department, Board of Social Work Examiners

P.O. Box 25101, Santa Fe, NM  87504

[9/8/96; 16.63.4.1 NMAC - Rn, 16 NMAC 63.4.1, 06/19/02]

 

16.63.4.2               SCOPE:  All baccalaureate social workers, master social workers, and independent social workers.

[9/8/96; 16.63.4.2 NMAC - Rn, 16 NMAC 63.4.2, 06/19/02]

 

16.63.4.3               STATUTORY AUTHORITY:  These parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.

[9/8/96; 16.63.4.3 NMAC - Rn, 16 NMAC 63.4.3, 06/19/02]

 

16.63.4.4               DURATION:  Permanent

[9/8/96; 16.63.4.4 NMAC - Rn, 16 NMAC 63.4.4, 06/19/02]

 

16.63.4.5               EFFECTIVE DATE:  January 5, 1995, unless a different date is cited at the end of a section.

[9/8/96; 16.63.4.5 NMAC - Rn & A, 16 NMAC 63.4.5, 06/19/02]

 

16.63.4.6               OBJECTIVE:  To outline the examination requirements and process.

[9/8/96; 16.63.4.6 NMAC - Rn, 16 NMAC 63.4.6, 06/19/02]

 

16.63.4.7               DEFINITIONS:  [Reserved]

 

16.63.4.8               EXAMINATIONS:  The board adopts as its examination the examination as administered by the association of social work boards at the appropriate license level.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95; 16.63.4.8 NMAC - Rn, 16 NMAC 63.4.8, 06/19/02; A, 4/24/06; A, 11/30/06]

 

16.63.4.9               FREQUENCY:  The board will administer the examinations at least twice a year or as frequently as is determined by the board.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95, 5/1/99; 16.63.4.9 NMAC - Rn, 16 NMAC 63.4.9, 06/19/02]

 

16.63.4.10             REQUIREMENTS:  In order to sit for the ASWB examination, applicants must submit, to the board, a completed examination application and supporting documentation.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95, 5/1/99; 16.63.4.10 NMAC - Rn & A, 16 NMAC 63.4.10, 06/19/02; A, 11/30/06]

 

16.63.4.11             PASSING SCORES:  For the examinations administered by the association of social work boards, ASWB, the board will accept as passing, scores of 70 or higher.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95; 16.63.4.11 NMAC - Rn & A, 16 NMAC 63.4.11, 06/19/02; A, 4/24/06]

 

16.63.4.12             REPEATED EXAMINATIONS:  Qualified applicants who fail to obtain the minimum required score may retake the exam an unlimited number of times.  A new application must be submitted and applicants must pay the examination fee for each administration of the examination. Qualifications for examination will be evaluated based on the most recent application.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95, 5/1/99; 16.63.4.12 NMAC - Rn, 16 NMAC 63.4.12, 06/19/02]

 

16.63.4.13             SPECIAL ACCOMODATIONS:  Applicants for examination may request special facilities to accommodate disabilities or additional time to allow for English as a second language.  Special requests must be submitted in writing, to the New Mexico board of social work examiners at the time of application.  The board will consider each request on a case-by-case basis.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95, 5/1/99; 16.63.4.13 NMAC - Rn, 16 NMAC 63.4.13, 06/19/02]

 

16.63.4.14             NOTIFICATION:  The applicant will receive the results of the national exam immediately from ASWB.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95, 5/1/99; 16.63.4.14 NMAC - Rn, 16 NMAC 63.4.14, 06/19/02; A, 11/30/06]

 

HISTORY OF 16.63.4 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives:

Rule 7, Examinations, 12/1/89.

Rule 7, Examinations, 8/13/90.

Rule 4, Examinations, 4/15/91.

Rule 4, Examinations, 5/22/92.

Rule 4, Examinations, 12/5/94.

 

History of Repealed Material:  [RESERVED]

 

 
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TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63       SOCIAL WORKERS

PART 5                 EMERGENCY LICENSURE

 

16.63.5.1               ISSUING AGENCY:  Regulation and Licensing Department - Board of Social Work Examiners, P.O. Box 25101, Santa Fe, NM 87504

[16.63.5.1 NMAC - N/E, 11/9/05]

 

16.63.5.2               SCOPE:  An individual desiring to practice either as a baccalaureate social workers, or a master social workers, and independent social workers following a federally declared disaster.

[16.63.5.2 NMAC- N/E, 11/9/05]

 

16.63.5.3               STATUTORY AUTHORITY:  These parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.

[16.63.5.3 NMAC - N/E, 11/9/05]

 

16.63.5.4               DURATION:  Permanent.

[16.63.5.4 NMAC - N/E, 11/9/05]

 

16.63.5.5               EFFECTIVE DATE:  November 9, 2005, unless a later date is cited at the end of a section.

[16.63.5.5 NMAC - N/E, 11/9/05]

 

16.63.5.6               OBJECTIVE:  The objective of Part 5 is to outline requirements, procedures, and criteria for issuance of an emergency license.

[16.63.5.6 NMAC - N/E, 11/9/05]

 

16.63.5.7               DEFINITIONS:  [RESERVED]

 

16.63.5.8               PROVISIONS FOR EMERGENCY LICENSURE:

                A.            Licensed social workers currently licensed and in good standing, or otherwise meeting the requirements for New Mexico licensure may be licensed in New Mexico during the six months following the declared disaster at no cost upon satisfying the following requirements:

                    (1)     receipt by the board of a completed application which has been signed and notarized and which is accompanied by proof of identity, which may include a copy of a drivers license, passport or other photo identification issued by a governmental entity;

                    (2)     refer to 16.63.9.8, 16.63.10.8, and 16.63.11.8 NMAC, Qualification of Licensure for licensure requirements;

                    (3)     verification of licensure from the state in which the federal disaster has been declared; the verification of licensure must include the following information:

                              (a)     copy of transcripts verifying a bachelors or masters degree from a program of social work accredited by the council on social work education;

                              (b)     copy of supervision records;

                              (c)     verification the applicant has passed the association of social work board (ASWB) exam at the appropriate level for which the applicant is applying; and

                              (d)     verification that the license is in good standing with no pending disciplinary action.

                    (4)     sworn affidavit that the applicant was personally or professionally effected by the disaster.

                B.            The board may waive the following requirements for licensure:

                    (1)     application fees;

                    (2)     taking and passing the NM cultural awareness exam prior to licensure; the applicant will be required to take and pass the NM cultural awareness exam within three months from the date the emergency license is issued; the emergency license will automatically expire if the applicant fails to take or fails to pass the NM cultural awareness exam within three months; and

                    (3)     fee for the cultural awareness examination.

                C.            The board may waive the specific forms required under 16.63.9.8, 16.63.10.8, and 16.63.11.8 NMAC if the applicant is unable to obtain documentation from the federal declared disaster areas.

                    (1)     If the applicant is unable to obtain official transcripts, from a school located in a declared disaster area, the applicant may submit a sworn affidavit from the applicant verifying he has a bachelors or masters degree in social work.

                    (2)     For LISW applicants who are unable to obtain verification of supervision from a supervisor located in a declared disaster area the applicant may submit a sworn affidavit from the applicant verifying he has 3600 hours of experience and a minimum of 90 hours of supervision.

                D.            Nothing in this section shall constitute a waiver of the requirements for licensure contained in 16.63.9.8, 16.63.10.8, and 16.63.11.8 NMAC.

                E.             Licenses issued under (the emergency provision) shall expire on July 1, following the date of issue, unless the board or an agent of the board approves a renewal application.  Application for renewal shall be made on or before July 1, following the date of issue to avoid late renewal fees.  The board reserves the right to request additional documentation, including but not limited to, recommendation forms and work experience verification forms prior to approving license renewal.

[16.63.5.8 NMAC - N/E, 11/9/05]

 

16.63.5.9               EMERGENCY LICENSE TERMINATION:

                A.            The emergency license shall terminate upon the following circumstances:

                    (1)     the issuance of a permanent license under sections 16.63.9.8, 16.63.10.8, and 16.63.11.8 NMAC;

                    (2)     proof that the emergency license holder has engaged in fraud, deceit, or misrepresentation in procuring or attempting to procure a license under this section, or failure to take and pass or failure to take the NM cultural awareness exam within three months; or

                    (3)     violation of the Social Work Practice Act or the social work rules and regulations.

                B.            Termination of an emergency license shall not preclude application for permanent licensure under sections 16.63.9.8, 16.63.10.8, and 16.63.11.8 NMAC.  The board may withhold or deny an application for licensure.  In accordance with the procedures established by the Uniform Licensing Act [61-1-1 to 61-11-31 NMSA 1978], the board may deny, suspend or revoke a license held or applied for under the Social Work Practice Act, may fine or reprimand a license or take any other action provided for in the Uniform Licensing Act.

[16.63.5.9 NMAC - N/E, 11/9/05]

 

HISTORY OF 16.63.5 NMAC:  [RESERVED]

 

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63     SOCIAL WORKERS

PART 6                 LICENSURE BY CREDENTIALS; RECIPROCITY

 

16.63.6.1               ISSUING AGENCY:  Regulation and Licensing Department, Board of Social Work Examiners

P.O. Box 25101, Santa Fe, NM  87504

[9/8/96; 16.63.6.1 NMAC - Rn, 16 NMAC 63.6.1, 06/19/02]

 

16.63.6.2               SCOPE:  All baccalaureate social workers, master social workers, and independent social workers.

[9/8/96; 16.63.6.2 NMAC - Rn, 16 NMAC 63.6.2, 06/19/02]

 

16.63.6.3               STATUTORY AUTHORITY:  These parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.

[9/8/96; 16.63.6.3 NMAC - Rn, 16 NMAC 63.6.3, 06/19/02]

 

16.63.6.4               DURATION:  Permanent

[9/8/96; 16.63.6.4 NMAC - Rn, 16 NMAC 63.6.4, 06/19/02]

 

16.63.6.5               EFFECTIVE DATE:  June 22, 1992, unless a different date is cited at the end of a section.

[9/8/96; 16.63.6.5 NMAC - Rn & A, 16 NMAC 63.6.5, 06/19/02]

 

16.63.6.6               OBJECTIVE:  To state the minimum requirements for licensure by credentials.

[9/8/96; 16.63.6.6 NMAC - Rn, 16 NMAC 63.6.6, 06/19/02]

 

16.63.6.7               DEFINITIONS:  [Reserved]

 

16.63.6.8               QUALIFICATION FOR LICENSURE: A person seeking reciprocity in the state of New Mexico shall meet the minimum requirements necessary for licensure in our state. The board shall have the discretion to license individuals who seek licensure by reciprocity based on their credentials. Applicants for licensure by credentials should possess the following:

                A.            a current valid social work license issued by an appropriate examining board under the laws of any other state or territory of the United States or the District of Columbia or any sovereign nation at the level of licensure being sought for a minimum of five years;

                B.            a passing test score from the association of social work boards for licensure level sought;

                C.            a baccalaureate degree in social work from a CSWE accredited program, if applying for the LBSW;

                D.            a master's degree in social work from a CSWE accredited program, if applying for the LMSW or LISW or LCSW;

                E.            verification the applicant has completed one of the following:

                    (1)     a three credit hour course in New Mexico cultures listed on the applicants transcripts;

                    (2)     a board approved course, workshop or seminar in New Mexico cultures;

                    (3)     proof of previously passing the New Mexico cultural examination;

                F.             have presented to the New Mexico board documentation as required by the New Mexico board that any other license granted to the applicant by any other state has not been suspended, revoked, voluntarily surrendered or otherwise restricted for any reason except non-renewal or for the failure to obtain the required continuing education credits;

                G.            proof of passing the jurisprudence examination with a grade of no less than 70%.

[1/1/90, 5/15/91, 6/22/92, 5/1/99; 16.63.6.8 NMAC - Rn & A, 16 NMAC 63.6.8, 06/19/02; A, 11/30/06; A, 01/17/08; A, 12/31/08; A, 09/01/14]

 

16.63.6.9               APPLICATION FOR LICENSURE:  Applicants for licensure by credentials; reciprocity must submit or cause to be submitted the following documentation to the board:

                A.            completed application;

                B.            two (2) personal character references;

                C.            a 2" x 2" photograph of the applicant taken within the preceding six months affixed to the application;

                D.            completed form titled "statement of registration, or certification of licensure in another state", to be submitted directly to the board from the conferring agency;

                E.            test scores from ASWB exam;

                F.             non-refundable license fee as set forth in Part 7 to be assessed at the time of application.

[1/1/90, 5/15/91, 6/22/92, 5/1/99; 16.63.6.9 NMAC - Rn & A, 16 NMAC 63.6.9, 06/19/02; A, 11/30/06; A, 01/17/08]

 

HISTORY OF 16.63.6 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives:

Rule 6, Licensure by Credentials, 12/1/89.

Rule 6, Licensure by Credentials, 4/5/91.

Rule 6, Licensure by Credentials, 4/22/92.

 

History of Repealed Material:  [RESERVED]

 
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TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63       SOCIAL WORKERS

PART 7                 PROVISIONAL LICENSE

 

16.63.7.1               ISSUING AGENCY:  Regulation and Licensing Department, Board of Social Work Examiners, P.O. Box 25101, Santa Fe, NM  87504

[9/8/96; 16.63.7.1 NMAC - Rn, 16 NMAC 63.7.1, 06/19/02]

 

16.63.7.2               SCOPE:  All baccalaureate social workers, master social workers, and independent social workers.

[9/8/96; 16.63.7.2 NMAC - Rn, 16 NMAC 63.7.2, 06/19/02]

 

16.63.7.3               STATUTORY AUTHORITY:  These parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.

[9/8/96; 16.63.7.3 NMAC - Rn, 16 NMAC 63.7.3, 06/19/02]

 

16.63.7.4               DURATION:  Permanent

[9/8/96; 16.63.7.4 NMAC - Rn, 16 NMAC 63.7.4, 06/19/02]

 

16.63.7.5               EFFECTIVE DATE:  January 5, 1995, unless a different date is cited at the end of a section.

[9/8/96; 16.63.7.5 NMAC - Rn & A, 16 NMAC 63.7.5, 06/19/02]

 

16.63.7.6               OBJECTIVE:  To state the minimum requirements for a provisional license, the duration of the license, and the process to reapply.

[9/8/96; 16.63.7.5 NMAC - Rn, 16 NMAC 63.7.5, 06/19/02]

 

16.63.7.7               DEFINITIONS:  [Reserved]

 

16.63.7.8               APPLICABILITY:

                A.            When an applicant has submitted all documentation required for the license sought and the application is complete except that the applicant has not completed the licensure exam or the required course in New Mexico cultures, the board may issue a provisional license to the applicant at the level sought.

                B.            The board will accept, in the absence of an official transcript, certification bearing official seal and attesting to completion of degree requirements from the registrar, mailed directly to the board from the conferring institution.

[1/1/90, 5/15/91, 6/22/92, 1/5/95, 5/1/99; 16.63.7.8 NMAC - Rn, 16 NMAC 63.7.8, 06/19/02; A, 04/24/06; A, 11/30/06; A, 01/17/08]

 

16.63.7.9               DURATION:  The provisional license shall be valid for twelve (12) months.

                A.            The provisional license shall become immediately invalid if the provisional licensee fails to submit an official transcript of certification.

                B.            During this twelve (12) month period the provisional licensee must provide documentation that the individual has passed the national examination and provide documentation that verifies the individual has completed the required course in New Mexico cultures.

                C.            Only one provisional license will be issued for each level of licensure except in extenuating circumstances as defined in 16.63.7.10 NMAC.

[1/1/90, 5/15/91, 6/22/92, 1/5/95, 5/1/99; 16.63.7.9 NMAC - Rn & A, 16 NMAC 63.7.9, 06/19/02; A, 04/24/06; A, 11/30/06; A, 01/17/08]

 

16.63.7.10             EXTENUATING CIRCUMSTANCES:  A qualified provisional licensee may apply for an extension of a provisional license if the applicant:

                A.            fails to sit for the examination due to extenuating circumstances; these extenuating circumstances are defined as serious, physician-verified illness or death in immediate family, and military service; the extenuating circumstances must be presented for the board's administrator’s consideration on a case-by-case basis;

                B.            should the applicant be granted an extension, the applicant must sit for the examination at the next available time it is offered; the extended provisional license will be in effect only until the next available test date and not to exceed under any circumstances 4 months.

[1/1/90, 5/15/91, 6/22/92, 1/5/95; 5/1/99; 16.63.7.10 NMAC - Rn, 16 NMAC 63.7.10, 06/19/02; A, 04/24/06]

 

16.63.7.11             FEE:  The applicant shall pay a license fee as set forth in Part 8.

[1/1/90, 5/15/91, 6/22/92, 1/5/95; 16.63.7.11 NMAC - Rn, 16 NMAC 63.7.11, 06/19/02]

 

HISTORY OF 16.63.7 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives:

Rule 8, Provisional License, 12/1/89.

Rule 7, Provisional License, 4/15/91.

Rule 7, Provisional License, 12/5/94.

 

History of Repealed Material:  [RESERVED]

 

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63     SOCIAL WORKERS

PART 8                 FEES

 

16.63.8.1               ISSUING AGENCY:  Regulation and Licensing Department, Board of Social Work Examiners P.O. Box 25101, Santa Fe, NM  87504.

[9/8/96; 16.63.8.1 NMAC - Rn, 16 NMAC 63.8.1, 06/19/02]

 

16.63.8.2               SCOPE:  All baccalaureate social workers, master social workers, and independent social workers.

[9/8/96; 16.63.8.2 NMAC - Rn, 16 NMAC 63.8.2, 06/19/02]

 

16.63.8.3               STATUTORY AUTHORITY:  These parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.

[9/8/96; 16.63.8.3 NMAC - Rn, 16 NMAC 63.8.3, 06/19/02]

 

16.63.8.4               DURATION:  Permanent

[9/8/96; 16.63.8.4 NMAC - Rn, 16 NMAC 63.8.4, 06/19/02]

 

16.63.8.5               EFFECTIVE DATE:  June 22, 1992, unless a different date is cited at the end of a section.

[9/8/96; 16.63.8.5 NMAC - Rn & A, 16 NMAC 63.8.5, 06/19/02]

 

16.63.8.6               OBJECTIVE:  To outline fees for examinations, application, renewal, late penalty fee, duplicate license, retired, and administrative fees.

[9/8/96; 16.63.8.6 NMAC - Rn, 16 NMAC 63.8.6, 06/19/02]

 

16.63.8.7               DEFINITIONS:  [Reserved]

 

16.63.8.8               EXAMINATIONS:  The fee for the association of social work boards (ASWB) examinations at any level of licensure is determined and collected by ASWB.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 5/1/99; 16.63.8.8 NMAC - Rn, & A, 16 NMAC 63.8.8, 06/19/02; A, 09/01/14]

 

16.63.8.9               APPLICATION:  BACCALAUREATE:  The fee for application as a baccalaureate social worker is seventy-five dollars ($75.00), to be submitted with the application.

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 16.63.8.9 NMAC - Rn, 16 NMAC 63.8.9, 06/19/02]

 

16.63.8.10             APPLICATION:  MASTER:  The fee for application as a master social worker is one hundred dollars ($100.00), to be submitted with the application.

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 16.63.8.10 NMAC - Rn, 16 NMAC 63.8.10, 06/19/02]

 

16.63.8.11             APPLICATION:  INDEPENDENT:  The fee for application as an independent social worker is one hundred twenty-five dollars ($125.00), to be submitted with the application.

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 16.63.8.11 NMAC - Rn, 16 NMAC 63.8.11, 06/19/02]

 

16.63.8.12             APPLICATION BY CREDENTIALS:  For licensure by credentials the fee is commensurate with license level.

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 16.63.8.12 NMAC - Rn, 16 NMAC 63.8.12, 06/19/02]

 

16.63.8.13             PROVISIONAL LICENSE:  For a provisional license, the fee is commensurate for each license level as stated in Part 8, section 8, 9, 10 and 11.

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 16.63.8.13 NMAC - Rn, 16 NMAC 63.8.13, 06/19/02]

 

16.63.8.14             RENEWAL BACCALAUREATE:  For renewal of license as a baccalaureate social worker,

one hundred dollars ($100.00).

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 16.63.8.14 NMAC - Rn, 16 NMAC 63.8.14, 06/19/02; A, 11/30/06]

 

16.63.8.15             RENEWAL MASTERS:  For renewal of a license as a master social worker, one hundred fifty dollars ($150.00).

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 16.63.8.15 NMAC - Rn, 16 NMAC 63.8.15, 06/19/02; A, 11/30/06]

 

16.63.8.16             RENEWAL INDEPENDENT:  For renewal of a license as an independent social worker, two hundred dollars ($200.00).

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 16.63.8.16 NMAC - Rn, 16 NMAC 63.8.16, 06/19/02; A, 11/30/06]

 

16.63.8.17             LATE PENALTY FEE:  License renewal deadline is July 1.  Penalty fee for late renewal license is seventy-five dollars ($75.00).

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 16.63.8.17 NMAC - Rn, 16 NMAC 63.8.17, 06/19/02; A, 01/17/08]

 

16.63.8.18             DUPLICATE LICENSE:  The fee for a duplicate license is twenty-five dollars ($25.00).  The fee for a duplicate pocket card is five dollars ($5.00).  The fee for a duplicate renewal certificate is five dollars ($5.00).

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 16.63.8.18 NMAC - Rn, 16 NMAC 63.8.18, 06/19/02]

 

16.63.8.19             APPLICATION RETIRED:  The application fee for retired social workers is one half the regular fee.

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 16.63.8.19 NMAC - Rn, 16 NMAC 63.8.19, 06/19/02]

 

16.63.8.20             [RESERVED]

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 5/1/99; 16.63.8.20 NMAC - Rn, 16 NMAC 63.8.20, 06/19/02; Repealed, 04/24/06]

 

16.63.8.21             REASONABLE ADMINISTRATIVE FEES

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 5/1/99; 16.63.8.21 NMAC - Rn, 16 NMAC 63.8.21, 06/19/02]

 

16.63.8.22             ALL FEES ARE NON REFUNDABLE

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 16.63.8.22 NMAC - Rn, 16 NMAC 63.8.22, 06/19/02]

 

HISTORY OF 16.63.8 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives:

Rule 10, Fees, 12/1/89.

Rule 10, Fees, 8/13/90.

Rule 8, Fees, 4/15/91.

Rule 8, Fees, 5/22/92.

 

History of Repealed Material:  [RESERVED]

 
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TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63       SOCIAL WORKERS

PART 9                 BACCALAUREATE SOCIAL WORKER

 

16.63.9.1               ISSUING AGENCY:  Regulation and Licensing Department, Board of Social Work Examiners P.O. Box 25101, Santa Fe, NM  87504.

[9/8/96; 16.63.9.1 NMAC - Rn, 16 NMAC 63.9.1, 06/19/02]

 

16.63.9.2               SCOPE:  All baccalaureate social workers, master social workers, and independent social workers.

[9/8/96; 16.63.9.2 NMAC - Rn, 16 NMAC 63.9.2, 06/19/02]

 

16.63.9.3               STATUTORY AUTHORITY:  These parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.

[9/8/96; 16.63.9.3 NMAC - Rn, 16 NMAC 63.9.3, 06/19/02]

 

16.63.9.4               DURATION:  Permanent

[9/8/96; 16.63.9.4 NMAC - Rn, 16 NMAC 63.9.4, 06/19/02]

 

16.63.9.5               EFFECTIVE DATE:  June 22, 1992, unless a different date is cited at the end of a section.

[9/8/96; 16.63.9.5 NMAC - Rn & A, 16 NMAC 63.9.5, 06/19/02]

 

16.63.9.6               OBJECTIVE:  To state the minimum requirements for licensure as a social worker at the baccalaureate level, to outline the parameters of practice, and the procedure to renew a license.

[9/8/96; 16.63.9.6 NMAC - Rn, 16 NMAC 63.9.6, 06/19/02]

 

16.63.9.7               DEFINITIONS:  [Reserved]

 

16.63.9.8               QUALIFICATION OF LICENSURE:  Applicants for licensure as baccalaureate social worker must possess the following minimum qualifications:

                A.            be at least 18 years of age;

                B.            possess a bachelor's degree in social work from a program accredited by the council on social work education;

                C.            successfully pass the association of social work board examination and the jurisprudence examination;

                D.            documents completion of the required course in New Mexico cultures.

[1/1/90, 5/15/91, 6/22/92; 16.63.9.8 NMAC - Rn & A, 16 NMAC 63.9.8, 06/19/02; A, 04/24/06; A, 11/30/06; A, 01/17/08; A, 12/31/08]

 

16.63.9.9               PARAMETERS OF PRACTICE:

                A.            This is the entry licensing level.  The baccalaureate social worker ("LBSW") is prepared to assume the beginning level professional role in public and private social service agencies.

                B.            LBSWs are prepared through beginning professional knowledge in human behavior in the social environment, generalist social work practice, knowledge of the history of social policy, knowledge of how to utilize social research findings in their practice and having had supervised field practicum experience.  Baccalaureate social work is basic generalist practice that includes assessment planning, intervention, evaluation, case management, information and referral, counseling, supervision, consultation, education, advocacy, community organization, and the development, implementation, of policies, programs and activities.  LBSWs may work with individuals, families, communities, groups and organizations at a beginning level.

                C.            The LBSW utilizes the basic problem-solving process of gathering information, assessing that information at a beginning professional level, developing an intervention plan, implementing the plan and conducts follow-up.  This process at the LBSW level requires the application of social work theory, knowledge, methods, ethics and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning.

                D.            The LBSW must not practice independently as a private practitioner.

[1/1/90, 5/15/91, 6/22/92; 16.63.9.9 NMAC - Rn & A, 16 NMAC 63.9.9, 06/19/02; A, 04/24/06]

 

16.63.9.10             RENEWAL OF LICENSE:  Before July 1 of the renewal year, each baccalaureate social worker shall apply for license renewal and shall pay the renewal fee as set forth in Part 8.

[1/1/90, 5/15/91, 6/22/92, 5/1/99; 16.63.9.10 NMAC - Rn, 16 NMAC 63.9.10, 06/19/02; A, 01/17/08]

 

HISTORY OF 16.63.9 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives:

Rule 3, Baccalaureate Social Worker, 12/1/89.

Rule 9, Baccalaureate Social Worker, 4/15/91.

Rule 9, Baccalaureate Social Worker, 5/22/92.

 

History of Repealed Material:  [RESERVED]

 

 
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TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63       SOCIAL WORKERS

PART 10               MASTER SOCIAL WORKER

 

16.63.10.1             ISSUING AGENCY:  Regulation and Licensing Department, Board of Social Work Examiners P.O. Box 25101, Santa Fe, NM  87504.

[9/8/96; 16.63.10.1 NMAC - Rn, 16 NMAC 63.10.1, 06/19/02]

 

16.63.10.2             SCOPE:  All baccalaureate social workers, master social workers, and independent social workers.

[9/8/96; 16.63.10.2 NMAC - Rn, 16 NMAC 63.10.2, 06/19/02]

 

16.63.10.3             STATUTORY AUTHORITY:  These parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.

[9/8/96; 16.63.10.3 NMAC - Rn, 16 NMAC 63.10.3, 06/19/02]

 

16.63.10.4             DURATION:  Permanent

[9/8/96; 16.63.10.4 NMAC - Rn, 16 NMAC 63.10.4, 06/19/02]

 

16.63.10.5             EFFECTIVE DATE:  June 22, 1992, unless a different date is cited at the end of a section.

[9/8/96; 16.63.10.5 NMAC - Rn & A, 16 NMAC 63.10.5, 06/19/02]

 

16.63.10.6             OBJECTIVE:  To state the minimum requirements for licensure as a social worker at the masters level, to outline the parameters of practice at this level, and the procedure to renew a license.

[9/8/96; 16.63.10.6 NMAC - Rn, 16 NMAC 63.10.6, 06/19/02]

 

16.63.10.7             DEFINITIONS:  [Reserved]

 

16.63.10.8             QUALIFICATION FOR LICENSURE:  Applicants for licensure as master social worker must:

                A.            be at least 18 years of age;

                B.            possess a master's degree in social work from a graduate program of social work accredited by the council on social work education;

                C.            successfully pass the association of social work board examination and the jurisprudence examination;

                D.            documents completion of the required course in New Mexico cultures.

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 16.63.10.8 NMAC - Rn & A, 16 NMAC 63.10.8, 06/19/02; A, 04/24/06; A, 11/30/06; A, 01/17/08; A, 12/31/08]

 

16.63.10.9             PARAMETERS OF PRACTICE:

                A.            The licensed master social worker ("LMSW") provides a wide range of services. The LMSW has preparation as a generalist social worker, as found in the LBSW level in addition to specialization in either direct or indirect services such as work in a field of practice or with a specific population.

                B.            The LMSW may provide diagnostic, preventive and treatment services.  The practice of master’s social work means the application of social work theory, knowledge, methods and ethics and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations and communities.  Master’s social work practice requires the application of specialized knowledge and advanced practice skills in the areas of assessment, treatment planning, implementation and evaluation, case management, information and referral, counseling, supervision, consultation, education, research, advocacy, community organization and the development, implementation and administration of policies, programs and activities.  The practice of master’s social work may include the practice of clinical social work under appropriate clinical social work supervision.  The LMSW is able to explain and interpret the results of psychosocial evaluations in the problem-solving process.  The LMSW is able to supervise LBSWs and practice in the areas of social work administration, community organization and policy analysis.

                C.            The LMSW may not practice independently as a private practitioner.

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 5/1/99, 16.63.10.9 NMAC - Rn, 16 NMAC 63.10.9, 06/19/02; A, 04/24/06]

 

16.63.10.10          RENEWAL OF LICENSE:  Before July 1 of the renewal year, each master social worker shall apply for license renewal and shall pay the renewal fee as set forth in Part 8.

[1/1/90, 9/13/90, 5/15/91, 6/22/92; 16.63.10.10 NMAC - Rn, 16 NMAC 63.10.10, 06/19/02; A, 01/17/08]

 

HISTORY OF 16.63.10 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives:

Rule 4, Master Social Worker, 12/1/89.

Rule 4, Master Social Worker, 8/13/90.

Rule 10, Master Social Worker, 4/15/91.

Rule 10, Master Social Worker, 5/22/92.

 

History of Repealed Material:  [RESERVED]

 

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63     SOCIAL WORKERS

PART 11               CLINICAL SOCIAL WORKER

 

16.63.11.1             ISSUING AGENCY:  Regulation and Licensing Department, Board of Social Work Examiners P.O. Box 25101, Santa Fe, NM  87504.

[9/8/96; 16.63.11.1 NMAC - Rn, 16 NMAC 63.11.1, 06/19/02]

 

16.63.11.2             SCOPE:  All baccalaureate social workers, master social workers, and independent social workers.

[9/8/96; 16.63.11.2 NMAC - Rn, 16 NMAC 63.11.2, 06/19/02]

 

16.63.11.3             STATUTORY AUTHORITY:  These parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.

[9/8/96; 16.63.11.3 NMAC - Rn, 16 NMAC 63.11.3, 06/19/02]

 

16.63.11.4             DURATION:  Permanent

[9/8/96; 16.63.11.4 NMAC - Rn, 16 NMAC 63.11.4, 06/19/02]

 

16.63.11.5             EFFECTIVE DATE:  January 5, 1995, unless a different date is cited at the end of a section.

[9/8/96; 16.63.11.6 NMAC - Rn & A, 16 NMAC 63.11.6, 06/19/02]

 

16.63.11.6             OBJECTIVE:  To state the minimum requirements for licensure as a social worker at the independent level, to outline the parameters of practice at this level, and procedure to renew a license.

[9/8/96; 16.63.11.6 NMAC - Rn, 16 NMAC 63.11.6, 06/19/02]

 

16.63.11.7             DEFINITIONS: Licensed Clinical Social Worker “LCSW”: A licensed independent social worker who has demonstrated to the board’s satisfaction, sufficient experience and expertise in the practice of clinical social work by meeting the qualifications as outlined in 16.63.11.8 NMAC.

[16.63.11.7 NMAC; A 09/01/14]

 

16.63.11.8             QUALIFICATION FOR LICENSURE: Applicants for licensure as independent/clinical social workers must:

                A.            be at least eighteen (18) years of age;

                B.            possess an LMSW license;

                C.            complete not less than two years of post-graduate direct/ clinical social work experience, under appropriate supervision; as defined in 16.63.1.7 NMAC Applicants and supervisors will engage the process of supervision in accordance with the guidelines established by the board of social work examiners;

                D.            documents completion of the required course in New Mexico cultures; and

                E.            successfully pass the association of social work board examination, clinical or advanced, as determined by the board and the jurisprudence examination.

                F.             Individuals licensed as masters social workers (LMSW) and aspiring to achieve licensure at the independent clinical level must complete and document 3,600 hours of licensed masters level social work experience which has been accumulated over no more than a 60 month period.

                G.            Applicants for licensure must document 90 hours of supervision during this 3,600 hour period. 

                    (1)     One (1) hour of supervision must be documented for every 40 hours worked,

                    (2)     At least 70 of the 90 required hours must be obtained through direct supervision,

                    (3)     No more than 20 hours of the 90 required hours may be obtained through group supervision and there shall be no more than six (6) individuals per group at a time, and

                    (4)     No more than 30 hours of the required 90 hours may be obtained through interdisciplinary supervision.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95; 5/1/99, 16.63.11.8 NMAC - Rn & A, 16 NMAC 63.11.8, 06/19/02; A, 04/24/06; A, 11/30/06; A, 01/17/08; A, 12/31/08; A, 09/01/14]

 

16.63.11.9             PARAMETERS OF PRACTICE: This is the highest level of licensure. The licensed clinical independent social worker (LCSW) / (LISW) is to function independently and demonstrate specialized knowledge and skills. The LISW must exercise independent judgment. The LCSW / LISW should be able to demonstrate skill and interventions directly related to individuals, couples, families, groups, communities or organizations. In at least one of these client groups, the LCSW / LISW shall demonstrate in-depth knowledge and skills. The LCSW / LISW should be able to employ practice theory and research findings in all aspects of their practice. The LCSW / LISW may supervise LBSWs, LMSWs and other LCSWs / LISWs.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95; 16.63.11.9 NMAC - Rn, 16 NMAC 63.11.9, 06/19/02; A, 04/24/06; A, 09/01/14]

 

16.63.11.10          AREAS OF SPECIALIZATION: Applicants for specialization will be handled by the board on a case by case basis.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95, 5/1/99; 16.63.11.10 NMAC - Rn & A, 16 NMAC 63.11.10, 06/19/02; A, 09/01/14]

 

16.63.11.11          RENEWAL OF LICENSE:  Before July 1 of the renewal year, each independent social worker shall apply for license renewal and shall pay the renewal fee as set forth in Part 8.

[1/1/90, 9/13/90, 5/15/91, 6/22/92, 1/5/95, 5/1/99; 16.63.11.11 NMAC - Rn, 16 NMAC 63.11.11, 06/19/02; A, 01/17/08]

 

HISTORY OF 16.63.11 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives:

Rule 5, Independent Social Worker, 12/1/89.

Rule 5, Independent Social Worker, 8/13/90.

Rule, 11, Independent Social Worker, 4/15/91.

Rule 11, Independent Social Worker, 5/22/92.

Rule 11, Independent Social Worker, 12/5/94.

 

History of Repealed Material:  [RESERVED]

 
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TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63       SOCIAL WORKERS

PART 12               CONTINUING EDUCATION

 

16.63.12.1             ISSUING AGENCY:  Regulation and Licensing Department, Board of Social Work Examiners P.O. Box 25101, Santa Fe, NM  87504.

[9/8/96; 16.63.12.1 NMAC - Rn, 16 NMAC 63.12.1, 06/19/02]

 

16.63.12.2             SCOPE:  All baccalaureate social workers, master social workers, and independent social workers.

[9/8/96; 16.63.12.2 NMAC - Rn, 16 NMAC 63.12.2, 06/19/02]

 

16.63.12.3             STATUTORY AUTHORITY:  These parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.

[9/8/96; 16.63.12.3 NMAC - Rn, 16 NMAC 63.12.3, 06/19/02]

 

16.63.12.4             DURATION:  Permanent

[9/8/96; 16.63.12.4 NMAC - Rn, 16 NMAC 63.12.4, 06/19/02]

 

16.63.12.5             EFFECTIVE DATE:  June 22, 1992, unless a different date is cited at the end of a section.

[9/8/96; 16.63.12.5 NMAC - Rn & A, 16 NMAC 63.12.5, 06/19/02]

 

16.63.12.6             OBJECTIVE:  To inform licensees of continuing education hours required for license renewal, and the reporting process.

[9/8/96; 16.63.12.6 NMAC - Rn, 16 NMAC 63.12.6, 06/19/02]

 

16.63.12.7             DEFINITIONS:  [Reserved]

 

16.63.12.8             CONTINUING EDUCATION REQUIREMENT:  Continuation of education is required for social workers to be re-licensed at any level.  Continuing education is required by the New Mexico board of social work examiners to ensure that social workers in New Mexico are providing the highest quality professional services.

[5/15/91, 6/22/92, 16.63.12.8 NMAC - Rn, 16 NMAC 63.12.8, 06/19/02]

 

16.63.12.9             CONTINUING EDUCATION CREDIT:  Thirty (30) hours of continuing education will be required biennially.  Six (6) of the thirty (30) hours must be in the subject area of cultural awareness.  Proof of participation in or presentation of continuing education activity must be submitted with the license renewal request if the licensee is audited.  All continuing education hours must be earned during the current two (2) year renewal period of July 1 thru June 30.

[5/15/91, 6/22/92, 5/1/99; 16.63.12.9 NMAC - Rn, 16 NMAC 63.12.9, 06/19/02; A, 04/24/06; A, 11/30/06; A, 01/17/08]

 

16.63.12.10          CONTINUING EDUCATION PARTICIPATION/FORMAL SOCIAL WORK EDUCATION:  A three (3) hour college level course in social work or courses which are designed to enhance the skills relevant to the social worker's professional activity will be accepted as equivalent to thirty (30) hours.  The social worker shall submit transcripts directly to the board with renewal.

[5/15/91, 6/22/92, 5/1/99; 16.63.12.10 NMAC - Rn, 16 NMAC 63.12.10, 06/19/02; A, 01/17/08]

 

16.63.12.11          CONTINUING EDUCATION AGENTS:  The board may identify and authorize any continuing education agents.  The agents will report directly to the board concerning continuing education activity.

[5/15/91, 6/22/92, 16.63.12.11 NMAC - Rn, 16 NMAC 63.12.11, 06/19/02]

 

16.63.12.12          CONTINUING EDUCATION CREDIT CARRYOVER:  All continuing education hours must be earned during the current two (2) year renewal period of July 1 thru June 30; no carryover will be permitted.

[5/15/91, 6/22/92, 5/1/99; 16.63.12.12 NMAC - Rn, 16 NMAC 63.12.12, 06/19/02; A, 04/24/06; A, 01/17/08]

 

16.63.12.13          DOCUMENTATION OF PARTICIPATION:  The board shall audit a percentage of renewal applications each renewal period to verify the continuing education requirement.  The licensee must maintain proof of continuing education courses taken for the past four (4) years.

                A.            If a notice of audit letter is received with the renewal form, evidence of continuing education hours earned during the renewal period must be submitted to the board as requested and as required in the Social Work Practice Act and by this rule.

                B.            If the licensee is not audited, all documentation of attendance and agendas must be retained by the licensee for a minimum of four (4) years immediately preceding the current renewal.

                C.            The board reserves the right to audit a licensee’s continuing education records as it deems necessary.

[5/15/91, 6/22/92, 16.63.12.13 NMAC - Rn, 16 NMAC 63.12.13, 06/19/02; A, 04/24/06; A, 11/30/06; A, 01/17/08]

 

16.63.12.14          CONTINUING EDUCATION PROFESSIONAL DISCRETION:  The social worker may choose up to ten (10) hours per renewal period which is self-directed. The social worker may select education pro­grams, readings and audio or video-taped materials which are in the domain of social work.  Preparation time, not to exceed the length of the presentation and time accumulated in presenting a social work seminar or workshop is included in this section.  Documentation of discretionary continuing education hours will be in accordance with guidelines established by the board of social work examiners.  Activities which include personal scope such as sports, hobbies, etc. are not acceptable for credit nor is personal therapy.  The social worker seeking re-licensure shall report continuing education hours directly to the board upon application for license renewal.  Approval of credit under this section is within the board's discretion.

[5/15/91, 6/22/92, 5/1/99; 16.63.12.14 NMAC - Rn, 16 NMAC 63.12.14, 06/19/02; A, 01/17/08]

 

16.63.12.15          FAILURE TO MEET CONTINUING EDUCATION REQUIREMENTS:  Failure to meet continuing education requirements will cause the board to refuse to renew the social work license in accordance with the Uniform Licensing Act.

[5/15/91, 6/22/92, 5/1/99; 16.63.12.15 NMAC - Rn, 16 NMAC 63.12.15, 06/19/02]

 

HISTORY OF 16.63.12 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives:

Rule 12, Continuing Education, 4/15/91.

Rule 12 Continuing Education, 5/22/92.

 

History of Repealed Material:  [RESERVED]

 

 
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TITLE 16           OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4        CHIROPRACTIC PRACTIONERS

PART 23               LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS

 

16.4.23.1               ISSUING AGENCY: New Mexico Regulation and Licensing Department.

[16.4.23.1 NMAC - N, 1/30/15]

 

16.4.23.2               SCOPE: This part sets forth application procedures to expedite licensure for military service members, spouses and veterans.

[16.4.23.2 NMAC; N, 1/30/15]

 

16.4.23.3               STATUTORY AUTHORITY: These rules of practice and procedure govern the practice of chiropractic in New Mexico and are promulgated pursuant to and in accordance with the Chiropractic Physicians Act, Section 61-4-5 NMSA 1978.

[16.4.23.3 NMAC; N, 1/30/15]

 

16.4.23.4               DURATION: Permanent.

[16.4.23.4 NMAC; N, 1/30/15]

 

16.4.23.5               EFFECTIVE DATE: January 30, 2015 unless a later date is cited at the end of a section.

[16.4.23.5 NMAC; N, 1/30/15]

 

16.4.23.6               OBJECTIVE: The purpose of this part is to expedite licensure for military service members, spouses and veterans pursuant to Chapter 61, Articles 4 through 17 NMSA 1978.

[16.4.23.6 NMAC; N, 1/30/15]

 

16.4.23.7               DEFINITIONS:

                A.            Military service member:  means a person who is serving in the armed forces of the United States or in an active reserve component of the armed forces of the United States, including the national guard.

                B.            Recent veteran:  means a person who has received an honorable discharge or separation from military service within the two years immediately preceding the date the person applied for an occupational or professional license pursuant to this section.

                C.            Spouse:  means any partner of a “military service member” or “recent veteran” who has been legally recognized by any state or country.

[16.4.23.7 NMAC; N, 1/30/15]

 

16.4.23.8               APPLICATION REQUIREMENTS:

                A.            In accordance with the section of the Uniform Licensing Act entitled “Expedited Licensure Military service members, spouses of military service members and Veterans” the board shall expedite the issuance of a license to practice chiropractic in New Mexico doctors who provide evidence of meeting the following minimal requirements. Applications for registration shall be completed on a form provided by the board.

                B.            The information shall include:

                                (1)           Completed application and fee pursuant to 16.4.23 NMAC.

                                (2)           Satisfactory evidence that the applicant holds a license that is current and in good standing, issued by another jurisdiction, including a branch of armed forces of the United States, that has met the minimal licensing requirements that are substantially equivalent to the licensing requirements for the occupational or professional license the applicant applies for pursuant to Chapter 61, Article 4, NMSA 1978.

                                (3)           Proof of honorable discharge (DD214) or military ID card or accepted proof of military spouse status.

[16.4.23.8 NMAC; N, 1/30/15]

 

16.4.23.9               FEES: Applicant must complete the application for Expedited Licensure, pay a non-refundable fee of $350.00, and pay a licensing fee of $350.00 once the applicant is accepted for licensure.

[16.4.23.9 NMAC; N, 1/30/15]

 

16.4.23.10             RENEWAL REQUIREMENTS:

                A.            A license issued pursuant to this section shall not be renewed unless the license holder satisfies the requirements for the issuance and for the renewal of a license pursuant to Chapter 61, Article 4, NMSA 1978.

                B.            A license issued pursuant to this section shall be required to meet the provisions stated in 16.4.9 NMAC for the renewal of the granted license.

[16.4.23.10 NMAC; N, 1/30/15]

 

HISTORY OF 16.4.23 NMAC: [RESERVED]

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4        CHIROPRACTIC PRACTITIONERS

PART 20               ADVERTISING

 

16.4.20.1               ISSUING AGENCY:  New Mexico Board of Chiropractic Examiners, PO Box 25101, Santa Fe, New Mexico 87504.

[16.4.20.1 NMAC - N, 8/20/12]

 

16.4.20.2               SCOPE:  All licensed chiropractic physicians.

[16.4.20.2 NMAC - N, 8/20/12]

 

16.4.20.3               STATUTORY AUTHORITY:  These rules of practice and procedure govern the practice of chiropractic in New Mexico and are promulgated pursuant to and in accordance with the Chiropractic Physician Practice Act, Sections 61-4-2, 61-4-4, 61-4-6, 61-4-12 and 61-4-13 NMSA 1978.

[16.4.20.3 NMAC - N, 8/20/12]

 

16.4.20.4               DURATION:  Permanent.

[16.4.20.4 NMAC - N, 8/20/12]

 

16.4.20.5               EFFECTIVE DATE:  August 20, 2012, unless a later date is cited at the end of a section.

[16.4.20.5 NMAC - N, 8/20/12]

 

16.4.20.6               OBJECTIVE:  To establish guidelines for adversing which must be followed by all licensed chiropractic physicians and non-licened chiropractic practice owners.

[16.4.20.6 NMAC - N, 8/20/12]

 

16.4.20.7               DEFINITIONS:  Refer to 16.4.1.7 NMAC.

[16.4.20.7 NMAC - N, 8/20/12]

 

16.4.20.8               STATEMENT OF POLICY: It is the policy of the board that advertising by licensed practitioners of chiropractic should be regulated in order to fulfill the duty of the state of New Mexico to protect the health, safety and welfare of its residents, while not abridging any rights guaranteed to the practitioners or to the public by the Constitution of the United States and the Constitution of the state of New Mexico as construed by the United States supreme court and the New Mexico supreme court. To that end, the board permits the dissemination of legitimate information to the public concerning the science of chiropractic and individual practitioners thereof. Such dissemination of information must be done in accordance with this rule which is designed to reasonably facilitate the flow of accurate information and prevent fraudulent, false, deceptive, misleading or confusing advertising. Advertising not contrary to the prohibitions in this rule shall be deemed an appropriate means of informing the public of the availability of professional services.

[16.4.20.8 NMAC - Rn & A, 16.4.1.12 NMAC, 8/20/12]

 

16.4.20.9               CERTAIN ADVERTISING PROHIBITED:

                A.            Any chiropractor who disseminates or causes to be disseminated or allows to be disseminated any advertising which is in any way fraudulent, false, deceptive, misleading or confusing, shall be deemed to be in violation of the Chiropractic Physician Practice Act.

                B.            Fraudulent, false, deceptive, misleading or confusing advertising includes, but is not limited, to:

                    (1)     advertising which contains a misrepresentation of any fact or facts;

                    (2)     advertising which, because of its contents or the context in which it is presented, fails to disclose relevant or material facts or makes only partial disclosure of relevant or material facts;

                    (3)     advertising which makes claims of, or conveys the impression of superior professional qualifications which cannot be substantiated by the chiropractor;

                    (4)     advertising which contains distorted claims or statements about any individual chiropractor, chiropractic group or chiropractic office, clinic or center;

                    (5)     advertising which creates unjustified expectations of beneficial treatment or successful cures;

                    (6)     advertising which guarantees the results of any service, painless treatment, or which promises to perform any procedure painlessly;

                    (7)     advertising which in any way appeals to fears, ignorance or anxieties regarding a persons state of health or physical or mental well-being;

                    (8)     advertising which in any way intimidates or exerts undue pressure on the recipient;

                    (9)     advertising which fails to conspicuously identify the chiropractor or chiropractors referred to in the advertising as practitioners of chiropractic by use of the term “chiropractor”, “chiropractors”, “chiropractic”, “chiropractic physician”, “chiropractic physicians”, “doctor of chiropractic”, or “doctors of chiropractic”;

                    (10)     advertising which fails to be conspicuously identified as “chiropractic” advertising;

                    (11)     advertising which fails to conspicuously identify the chiropractic practice, office, clinic or center being advertised by a name which includes the term “chiropractor”, “chiropractors”, “chiropractic”, “chiropractic physician”, “chiropractic physicians”, “doctor of chiropractic” or “doctors of chiropractic”;

                    (12)     advertising which invades the field of practice of other licensed healthcare practitioners when the chiropractor is not allowed by rule or license to practice such profession;

                    (13)     advertising which appears in a classified directory or listing, or otherwise under a heading which, when considered alone or together with the advertisement, does not accurately convey the professional status of the chiropractor or the professional services being advertised;

                    (14)     advertising which concerns a transaction that is in itself illegal;

                    (15)     advertising which employs testimonials which, by themselves or when taken together with the remainder of the advertisement intimidate, exert undue pressure on, or otherwise improperly influence the recipient.

                C.            Advertising which offers gratuitous services or discounts in connection with professional services; provided, however, that advertising may offer gratuitous services or discounts if:

                    (1)     such advertising clearly and conspicuously states whether or not additional charges may be incurred for related services which may be needed or appropriate in individual cases, and the possible range of such additional charges if such charges may be incurred;

                    (2)     such advertising is not otherwise false, fraudulent, deceptive, misleading or confusing;

                    (3)     such advertising offering a “spinal examination”, “examination” or “scoliosis examination” or using any other similar phrase includes, at a minimum, the following tests or procedures: blood pressure, weight, height, reflexes, pulse, range of motion and orthopedic tests appropriate to the history; and

                    (4)     such advertising offering “an examination” or using any other similar phrase includes the taking of a detailed problem focused history of the patient as it relates to the presenting complaints, and an approriate  neurological, orthopedic, and chiropractic physical examination including, where professionally indicated, the taking, developing and interpretation of x-rays and the performance and interpretation of laboratory or other specialized tests when necessary to establish a diagnosis; such x-rays and laboratory and other specialized tests must constitute a diagnostically complete study.

                D.            Advertisements may quote fixed prices for specific routine services if such advertising clearly and conspicuously states whether or not additional charges may be incurred for related services and the possible range of such additional charges if such charges may be incurred. A routine service is one which is not so unique that a fixed rate cannot meaningfully be established.

                E.            Chiropractors, their agents or any represenatives who engage in telemarketing are required to inform the parties they call at the beginning of the call:

                    (1)     who they are (caller’s name);

                    (2)     who they represent (clinic/doctor); and

                    (3)     chiropractors, their agents or represenatives engaging in telemarketing, either directly or through others, shall keep a voice recorded log of all phone call conversations and a written log  to include date, telephone number, and the name of every person called; all such chiropractors, their agents or represenatives shall keep such logs for a period of three years from the date of the telemarketing.

                F.             No chiropractor engaging in, or authorizing another to engage in, telemarketing of prospective patients shall misrepresent to the person called any association with an insurance company, other licensed health care provider or another chiropractor or group of chiropractors, nor shall such solicitor promise successful chiropractic treatment of injuries, or make any other misrepresentation of whatever kind for the purpose of selling chiropractic services.

                G.            No chiropractor engaging in, or authorizing another to engage in, telemarketing of prospective patients shall engage in such practices during hours prohibited by applicable municipal ordinance or state law, or in the absence of either, then other than between the hours 9 a.m. and 8 p.m. local time.

                H.            No chiropractor engaging in, or authorizing another to engage in, telemarketing of prospective patients shall make more than one telephone call to any telephone number unless requested by the recipient to call again.

                I.             No chiropractor shall advertise directly or indirectly, through any device or artifice, that the advertising chiropractor will not collect from any prospective patient, that patient’s insurance deductible or co-payment obligations arising by virtue of any medical insurance policy provided for the payment, in whole or in part, of any chiropractor’s charge. The words free initial consultation must be explicitly explained what a consultation consist of and at exactly what point charges begin to accrue with clear delineation between a free consultation and an exam with treatment for which services will be charged. At no time can any representation in regards to payment for services be misleading to the consumer or patient and it must be stated up front that if the patient decides to accept the care that they will be charged for all services and that payment will be expected whether it be from the patient, third-party payor, insurance, or medpay.

                J.             No applicant for licensure to practice chiropractic, and no unlicensed practitioner, shall advertise chiropractic services in this state in any way.

                K.            All advertisements by a chiropractor must include the full name of the chiropractor as it appears on his or her chiropractic license followed by the letters D.C. or the designation “chiropractor”, “chiropractic physician” or “doctor of chiropractic”.

                L.            Any form of solicitation offered to individuals whose identities are known through the use of any form of public record, including but not limited to police reports, shall be reviewed and approved by the board and re-approved annually. Unless specifically disapproved by the committee designated by the board the copy submitted may be used for patient solicitation. If approved or disapproved, that information shall be communicated to the submitting doctor within 30 days of submission. The submitting physician has the right to request a determination be made by the full board at its next scheduled meeting. The board holds the right during each renewal cycle to complete a random audit of all written materials, and mandatory voice recordings of all phone conversations for a period up to three years following any telemarketing procedures from public record.

                M.           Any direct, individual contact by a licensee or the agent of a licensee with prospective patients through the use of public records, including but not limited to police or accident reports is prohibited.

                N.            The script for any telemarketing advertising shall be submitted to the board for approval and must be resubmitted yearly for ongoing use by any licensee or their agent.

[16.4.20.9 NMAC - Rn & A, 16.4.1.12 NMAC, 8/20/12]

 

HISTORY OF 16.4.20 NMAC: [RESERVED]

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4        CHIROPRACTIC PRACTITIONERS

PART 22               FEES

 

16.4.22.1               ISSUING AGENCY:  New Mexico Board of Chiropractic Examiners, PO Box 25101, Santa Fe, New Mexico 87504.

[16.4.22.1 NMAC - N, 8/20/12]

 

16.4.22.2               SCOPE:  All licensed chiropractic physicians and non-licensee owners.

[16.4.22.2 NMAC - N, 8/20/12]

 

16.4.22.3               STATUTORY AUTHORITY:  These rules of practice and procedure govern the practice of chiropractic in New Mexico and are promulgated pursuant to and in accordance with the Chiropractic Physician Practice Act, Subsection F of 61-4-7 and Subsection B of 61-4-13 NMSA 1978.

[16.4.22.3 NMAC - N, 8/20/12]

 

16.4.22.4               DURATION:  Permanent.

[16.4.22.4 NMAC - N, 8/20/12]

 

16.4.22.5               EFFECTIVE DATE:  August 20, 2012, unless a later date is cited at the end of a section.

[16.4.22.5 NMAC - N, 8/20/12]

 

16.4.22.6               OBJECTIVE:  To establish annual administrative fees.

[16.4.22.6 NMAC - N, 8/20/12]

 

16.4.22.7               DEFINITIONS:  Refer to 16.4.1.7 NMAC.

[16.4.22.7 NMAC - N, 8/20/12]

 

16.4.22.8               ADMINISTRATIVE FEES:

                A.            In accordance with Subsection F of Section 61-4-7 and Subsection B of Section 61-4-13 of the New Mexico Chiropractic Physicians Practice Act, NMSA 1978, the board of chiropractic examiners establishes the following nonrefundable fees:

                                (1)           fees:

                                                (a)           application fee $350;

                                                (b)           initial license fee with or without examination $350;

                                                (c)           reinstatement of license $125 (in addition to back renewal and penalty fees for each year, not to exceed two years);

                                                (d)           reactivation application fee $200;

                                                (e)           application fee for advanced practice certification $100;

                                (2)           annual renewal fees:

                                                (a)           active $300;

                                                (b)           inactive $100;

                                                (c)           advanced practice certification $100;

                                                (d)           impairment fee of $25 in addition to the license renewal fee, each chiropractor subject to renewal will be assessed an amount not to exceed $60 per renewal period;

                                (3)           penalty for late renewal  $100 (per month or portion of a month for which the license renewal fee is in arrears, the penalty not to exceed $1000);

                                (4)           continuing education fee individual course $50;

                                (5)           continuing education fee yearly for approved institution $500;

                                (6)           miscellaneous fees listed below will be approved annually by the board and made available by the board office upon request:

                                                (a)           photocopying $0.25;

                                                (b)           written license verifications $25;

                                                (c)           list of licensees $75;

                                                (d)           duplicate licenses $25;

                                                (e)           duplicate renewal certificate $25;

                                                (f)            copies of statutes, rules and regulations are free online at board web site.

                B.            The board shall annually designate that proportion of renewal fees which shall be used for the exclusive purposes of investigating and funding hearings regarding complaints against chiropractic physicians.

[16.4.22.8 NMAC - Rn & A, 16.4.1.13 NMAC, 8/20/12; A, 1/30/15]

 

HISTORY OF 16.4.22 NMAC: [RESERVED]

 
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This rule was files as 16 NMAC 4.19.

 

TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4         CHIROPRACTIC PRACTITIONERS

PART 19               CHIROPRACTIC ASSISTANTS

 

16.4.19.1               ISSUING AGENCY:  New Mexico Board of Chiropractic Examiners.

[11-16-97; Recompiled 12/31/01]

 

16.4.19.2               SCOPE:  All Chiropractic Physicians and Chiropractic Assistants.

[11-16-97; Recompiled 12/31/01]

 

16.4.19.3               STATUTORY AUTHORITY:  These Rules of Practice and Procedure govern the practice of chiropractic in New Mexico and are promulgated pursuant to and in accordance with the Chiropractic Physician Practice Act, Sections 61-4-3.F and 61-4-5.D NMSA 1978.

[11-16-97; Recompiled 12/31/01]

 

16.4.19.4               DURATION:  Permanent.

[11-16-97; Recompiled 12/31/01]

 

16.4.19.5               EFFECTIVE DATE:  November 16, 1997 unless a later date is cited at the end of a Section or Paragraph.

[11-16-97; Recompiled 12/31/01]

[Compiler’s note:  The term "or paragraph," above, is no longer applicable.  Later dates are now cited only at the end of sections, in the history notes appearing in brackets.]

 

16.4.19.6               OBJECTIVE:  To establish educational requirements and duties for chiropractic assistants and defines supervision of a chiropractic physician and define supervision of a chiropractic physician.

[11-16-97; Recompiled 12/31/01]

 

16.4.19.7               DEFINITIONS:  (Refer to Part 1).

[11-16-97; Recompiled 12/31/01]

 

16.4.19.8               CHIROPRACTIC ASSISTANT:

                A.            The minimum education requirement for a chiropractic assistant is high school graduation or equivalent with a minimum of three months of supervised training in the specific duties and procedures the chiropractic assistant will perform.

                B.            The chiropractic assistant can, under the supervision of the chiropractic physician, perform diagnostic tests and administer the use of any or all natural agencies imbued with the healing act such as food, water, heat, cold, electrical mechanical appliances, herbs, nutritional supplements and homeopathic remedies.

                C.            As used in this section, the term "under the supervision of the chiropractic physician" means that:

                    (1)     the chiropractic physician shall have a current New Mexico license in "good standing" with the New Mexico Board of Chiropractic Examiners;

                    (2)     the chiropractic physician shall personally train the chiropractic assistant in any procedure they practice; and

                    (3)     the chiropractic physician must be physically present in the same building and immediately available in order for the chiropractic assistant to treat the patient.

[1-13-96, 11-16-97; Recompiled 12/31/01]

 

HISTORY of 16.4.19 NMAC:

Pre-NMAC History:

The material in this Part was derived from that previously filed with the State Records Center & Archives under: Rule 20-95, Chiropractic Assistant, filed 12-14-95.

 
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TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4         CHIROPRACTIC PRACTITIONERS

PART 17               SUPERVISION OF INTERNS

 

16.4.17.1               ISSUING AGENCY:  New Mexico Board of Chiropractic Examiners, PO Box 25101, Santa Fe, New Mexico 87504.

[11/16/97; 16.4.17.1 NMAC - Rn, 16 NMAC 4.17.1, 1/15/2005]

 

16.4.17.2               SCOPE:  All chiropractic physicians.

[11/16/97; 16.4.17.2 NMAC - Rn, 16 NMAC 4.17.2, 1/15/2005]

 

16.4.17.3               STATUTORY AUTHORITY:  These rules of practice and procedure govern the practice of chiropractic in New Mexico and are promulgated pursuant to and in accordance with the Chiropractic Physician Practice Act, Section 61-4-15.C NMSA 1978.

[11/16/97; 16.4.17.3 NMAC - Rn, 16 NMAC 4.17.3, 1/15/2005]

 

16.4.17.4               DURATION:  Permanent.

[11/16/97; 16.4.17.4 NMAC - Rn, 16 NMAC 4.17.4, 1/15/2005]

 

16.4.17.5               EFFECTIVE DATE:  November 16, 1997, unless a later date is cited at the end of a section.

[11/16/97; 16.4.17.5 NMAC - Rn & A, 16 NMAC 4.17.5, 1/15/2005]

 

16.4.17.6               OBJECTIVE:  To establish requirements for supervising chiropractic physicians to safely train interns.

[11/16/97; 16.4.17.6 NMAC - Rn, 16 NMAC 4.17.6, 1/15/2005]

 

16.4.17.7               DEFINITIONS:  (Refer to 16.4.1 NMAC).

[11/16/97; 16.4.17.7 NMAC - Rn, 16 NMAC 4.17.7, 1/15/2005]

 

16.4.17.8               SUPERVISION OF INTERNS PRE AND POST:

                A.            The purpose for the intern program in New Mexico shall be to safely complete advanced training for the under graduate and graduate chiropractic intern in the areas including, but not limited to, history taking, exams, imaging procedures, proper shielding and radiation monitoring procedures and interpretation, patient report of findings, treatment recommendations, treatment room control, staff management, general clinic policies, problem solving skills, team concepts, goal setting, administrative skills, and other training the doctor may feel appropriate to complete the intern’s advanced chiropractic training. This purpose enhances the professional training of the intern, the chiropractic college curriculum, the teaching skills of the doctor, the professional status of the profession of chiropractic and the professional standard of chiropractic health care available to New Mexico consumers.

                B.            Supervising doctor must have a current New Mexico license in “good standing” with the New Mexico board of chiropractic examiners and have been in active practice for at least three years.

                C.            Supervising doctor must have written verification from the college that intern or unlicensed graduate of a CCE, or board approved equivalent thereof, accredited chiropractic college sanctioned intern program, and the doctor must assure compliance to the guidelines of the intern program.

                D.            Supervising doctor must personally train intern in chiropractic procedure.

                E.             Supervising doctor must be physically in the same building and immediately available in order for the intern to adjust any patient.

                F.             Public must be informed that the intern is an “intern chiropractor, not licensed in the state”, and must sign an informed consent document approved by the board to this effect.

                G.            The supervising doctor must consult with intern prior to the intern’s initial treatment of any patient.

                H.            Supervising doctor must continue to supervise progress of the patient and must personally treat the patient at least every third visit, or at any time there is a significant change in the patient’s condition.

                I.              Supervising doctor may allow intern to assist in various exams and therapies after being trained and cleared by the supervising doctor on proper chiropractic procedures.

                J.             The supervising doctor must inform the college and the board if the intern is deemed professionally incompetent in diagnosis or treatment or if the intern has other personal habits (alcoholism, drug addiction, moral turpitude, etc.) that would be unsafe for the public.

                K.            A supervising doctor may not supervise more than two interns at one time. The board must approve the training of more than four interns in any individual or group practice at the same time.

                L.             Supervising doctor must register with the New Mexico board of chiropractic examiners the interns’ names, the college they are from, and the term of the internship, and provide proof of malpractice insurance for the supervising doctor in minimum amount of $100,000 per person - $300,000 per occurrence coverage, at least 15 days before the first day of the internship.

                M.           Supervising doctor must sign an affadavit agreeing to abide by the rule as set forth in 16.4.17 NMAC.

                N.            The board is to be sent a copy of any regular report sent to the college involving the intern at the time the report is sent to the college.

[5/2/92, 11/16/97; 10/31/98; 16.4.17.8 NMAC - Rn & A, 16 NMAC 4.17.8, 1/15/2005; A, 3/15/06]

 

16.4.17.9               CHIROPRACTIC INSURANCE CONSULTANTS AND PEER REVIEW CONTRACTORS:

                A.            Chiropractic insurance consultants and peer review contractors advise insurance companies, third-party administrators and other similar entities of New Mexico standards of:

                    (1)     recognized and accepted chiropractic services and procedures permitted by the New Mexico chiropractic statute, usual and customary practices and procedures and administrative rules; and

                    (2)     the propriety of chiropractic diagnosis and care.

                B.            All licensees who review chiropractic records for the purposes of determining the adequacy or sufficiency of chiropractic treatments, or the clinical indication for those treatments, shall notify the board annually that they are engaged in those activities and of the location where those activities are performed.

                C.            Any person or professional shall not hold themselves out as chiropractic insurance consultants or provide chiropractic peer review services unless they meet the following requirements:

                    (1)     hold a current chiropractic license in New Mexico;

                    (2)     have practiced chiropractic in the state of New Mexico during the immediately preceding five years;

                    (3)     are actively involved in a chiropractic practice during the term of employment as a chiropractic insurance consultant or peer review consultant; active practice includes but is not limited to maintaining an office location and providing clinical care to patients that comprises more than 50% of their total compensable work product.

[16.4.17.9 NMAC - N, 3/31/09]

 

HISTORY OF 16.4.17 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

Rule 13-92, Supervision of Interns, filed 4/2/92.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 13-92, Supervision of Interns (filed 4/2/92) was renumbered, reformatted and replaced by 16 NMAC 4.17, Supervision of Interns, effective 11/16/97.

16 NMAC 4.17, Supervision of Interns (filed 10/17/97) was renumbered, reformatted, amended and replaced by 16.4.17 NMAC, Supervision of Interns, effective 1/15/2005.

 

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4        CHIROPRACTIC PRACTITIONERS

PART 18               PRACTICE PROCEDURES

 

16.4.18.1               ISSUING AGENCY:  New Mexico Board of Chiropractic Examiners, PO Box 25101, Santa Fe, New Mexico 87504.

[11/16/97; 16.4.18.1 NMAC - Rn, 16 NMAC 4.18.1, 1/15/2005]

 

16.4.18.2               SCOPE:  All chiropractic physicians.

[11/16/97; 16.4.18.2 NMAC - Rn, 16 NMAC 4.18.2, 1/15/2005]

 

16.4.18.3               STATUTORY AUTHORITY:  These rules of practice and procedure govern the practice of chiropractic in New Mexico and are promulgated pursuant to and in accordance with the Chiropractic Physician Practice Act, Sections 61-4-3.F, 61-4-6.D and 61-4-9.B NMSA 1978.

[11/16/97; 16.4.18.3 NMAC - Rn, 16 NMAC 4.18.3, 1/15/2005]

 

16.4.18.4               DURATION:  Permanent.

[11/16/97; 16.4.18.4 NMAC - Rn, 16 NMAC 4.18.4, 1/15/2005]

 

16.4.18.5               EFFECTIVE DATE:  November 16, 1997, unless a later date is cited at the end of a section.

[11/16/97; 16.4.18.5 NMAC - Rn & A, 16 NMAC 4.18.5, 1/15/2005]

 

16.4.18.6               OBJECTIVE:  To establish practice procedures to include diagnostic procedures, meridian therapy, obstetrics, invasive therapeutic procedures, imaging examinations, chiropractic rehabilitation of the neuromusculoskeletal system, manipulation under anesthesia and spinal manipulation.

[11/16/97; 16.4.18.6 NMAC - Rn & A, 16 NMAC 4.18.6, 1/15/2005; A, 4/10/06; A, 8/30/06]

 

16.4.18.7               DEFINITIONS:  (Refer to 16.4.1 NMAC).

[11/16/97; 16.4.18.7 NMAC - Rn, 16 NMAC 4.18.7, 1/15/2005]

 

16.4.18.8               DIAGNOSTIC PROCEDURES:

                A.            Chiropractic physicians being primary care providers are authorized to perform diagnostic procedures specified in this regulation, on the general population ranging from pediatrics through geriatrics, which shall include the authority to perform and take.

                                (1)           Medical case history.

                                (2)           Physical examination of all body systems including, but not limited to:

                                                (a)           skin, hair, nails, head, eyes, ears, nose, throat and teeth;

                                                (b)           cardio-vascular and respiratory system, including auscultation;

                                                (c)           thorax and abdomen, including breast and rectal examination, when clinically appropriate;

                                                (d)           genito-urinary and reproductive system, to include vaginal and prostate examination, when clinically appropriate;

                                                (e)           musculo-skeletal system;

                                                (f)            neurological system.

                B.            Authority to order diagnostic procedures.  Chiropractic physicians are authorized to order any diagnostic procedure reasonably necessary to clinically correlate a physical examination to a diagnostic impression, which shall include, but not be limited to:

                                (1)           laboratory procedures involving the collection of human fluids such as saliva, blood, urine, vaginal and seminal fluids, hair, feces;

                                (2)           EEG,EKG,ECG and surface or needle EMG;

                                (3)           imaging procedures such as xray, CT scan, MRI, nuclear scans, PET scans, SPECT, ultrasonography, thermography or other pertinent diagnostic studies.

                C.            Authority to perform diagnostic procedures.

                                (1)           Chiropractic physicians are required to perform appropriate diagnostic procedures reasonably necessary to clinically correlate a physical examination to a diagnostic impression, (excluding surgical procedures and invasive procedures not herein specified), including but not limited to the collection and testing of human fluids, such as saliva, blood, urine, vaginal and seminal fluids, hair, feces, and conventional radiography.

                                (2)           Chiropractic physicians who are trained in a course of doctoral or post-doctoral studies certified with an accredited institution recognized by the board are authorized to perform diagnostic procedures, including but not limited to MRI, CT, nuclear scans, ultrasonography; thermography, B.E.A.M., EEG, EKG, ECG and surface or needle EMG.

[5/4/94, 11/16/97; 16.4.18.8 NMAC - Rn & A, 16 NMAC 4.18.8, 1/15/2005; A, 4/10/06; A, 1/30/15]

 

16.4.18.9               MERIDIAN THERAPY:

                A.            Chiropractors who practice meridian therapy must do so in conjunction with standard chiropractic adjusting and/or manipulative techniques.

                B.            Chiropractors who practice meridian therapy may not advertise or promote themselves in the media to be acupuncturists unless licensed pursuant to the Acupuncture Act.

[10/30/69, 2/28/87, 9/6/91, 5/2/92, 11/16/97; 16.4.18.9 NMAC - Rn, 16 NMAC 4.18.9, 1/15/2005; A, 4/10/06; A, 8/30/06]

 

16.4.18.10             OBSTETRICS:

                A.            No chiropractor shall undertake to deliver a human child or to assist the mother of the child during such delivery, except in cases of emergency or where another practitioner of the healing arts whose license authorizes him or her to deliver human children is present and actively participating in the delivery.

                B.            Nothing in this regulation shall preclude a chiropractor from undertaking to provide prenatal care to a pregnant woman provided that the chiropractor affirmatively advises the woman that it would be unlawful for the chiropractor to deliver the child and that the patient should make arrangements with another practitioner of the healing arts whose license authorizes him or her to deliver human children to attend the woman during her delivery; and provided further that during the course of the delivery the chiropractor refrains from any cutting of human tissues, including but not limited to the cutting of the umbilical cord.

                C.            Nothing in this regulation shall be construed to prevent a licensed chiropractor from obtaining a license in another healing arts profession which includes the delivery of human babies in the normal scope of its practice and from practicing obstetrics pursuant to such a second healing arts license.

[8/11/80, 2/28/87, 11/16/97; 16.4.18.10 NMAC - Rn, 16 NMAC 4.18.10, 1/15/2005]

 

16.4.18.11             IMAGING EXAMINATION:

                A.            The following requirements for imaging examination have been established because of concerns about over-radiation and unnecessary X-ray exposure.  The following should appear on films:

                                (1)           patient’s name and age;

                                (2)           doctor’s name, facility name, and address;

                                (3)           date of study;

                                (4)           left or right marker;

                                (5)           other markers as indicated;

                                (6)           adequate collimation;

                                (7)           gonad shielding, where applicable.

                B.            Minimum of A-P and lateral views are necessary for any regional study unless clinically justified.

                C.            As clinical evidence indicates, it may be advisable to produce multiple projections where there is an indication of possible fracture, significant pathology, congenital defects, or when an individual study is insufficient to make a comprehensive diagnosis/analysis.

                D.            Each film should be of adequate density, contrast, and definition, and no artifacts should be present.

                E.            The subjective complaints, if any, and the objective findings substantiating the imaging study must be documented in the patient record.

                F.             These rules are intended to complement and not supersede those rules adopted by the environmental improvement board set forth in 20 NMAC.3.1, Subpart 6 [20.3.6 NMAC], “X-rays in the Healing Arts,” including but not limited to the requirement of certification.

[4/18/93, 2/7/94, 11/16/97, 10/31/98; 16.4.18.11 NMAC - Rn & A, 16 NMAC 4.18.11, 1/15/2005]

 

16.4.18.12             CHIROPRACTIC EXERCISE AND THERAPUTIC TREATMENT OF THE NEUROMUSCULOSKETLETAL SYSTEM:  Chiropractic physicians may prescribe or administer all necessary mechancial, hygienic and sanitary measures incident to the care of the body including but not limited to air, sound, cold, diet, nutritional adjuncts, exercise, heat, light, massage, physical culture, rest, ultrasound, water, oxygen and electricity and other devices used for the delivery of chiropractic physiologic therapeutic procedures.

[16.4.18.12 NMAC - N, 1/15/2005; A, 4/10/06]

 

16.4.18.13             MANIPULATION UNDER ANESTHESIA:  Chiropractic physicians who can demonstrate training in a course of doctoral or post-doctoral studies certified within an accredited institution recognized by the board are authorized to perform manipulation under anesthesia, with that anesthesia administered by an appropriate, licensed provider.

[16.4.18.13 NMAC - N, 1/15/2005]

 

HISTORY OF 16.4.18 NMAC:

PRE-NMAC History:  The material in this part was derived from that previously filed with the state records center and archives under:

BCE 69-1, Board Rules and Regulations, filed 9/30/69.

BCE 80-1, Obstetrics (Rule 12.00), filed 7/11/80.

Rule 9-87, Acupuncture, filed 1/28/97.

Rule 12-87, Obstetrics, filed 1/28/87.

Rule 9-91, Meridian Therapy, filed 8/6/91.

Rule 9-92, Meridian Therapy, filed 4/2/92.

Rule 15-93, Radiographic Examination, filed 3/18/93.

Rule 15-94, Radiographic Examination, filed 1/7/94.

Rule 16-94, Diagnostic Procedures, filed 4/4/94.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 9-92, Meridian Therapy (filed 4/2/92); Rule 12-87, Obstetrics (filed 1/28/87); Rule 15-94, Radiographic Examination (filed 1/7/94); and Rule 16-94, Diagnostic Procedures (filed 4/4/94) were all renumbered, reformatted, and replaced by 16 NMAC 4.18, Practice Procedures, effective 11/16/97.

16 NMAC 4.18, Practice Procedures (filed 10/17/97) was renumbered, reformatted, amended and replaced by 16.4.18 NMAC, Practice Procedures, effective 1/15/2005.

 
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This rule was filed as 16 NMAC 4.16.

 

TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4         CHIROPRACTIC PRACTITIONERS

PART 16               PARENTAL RESPONSIBILITY ACT COMPLIANCE

 

16.4.16.1               ISSUING AGENCY:  New Mexico Board of Chiropractic Examiners.

[11-16-97; Recompiled 12/31/01]

 

16.4.16.2               SCOPE:  All Chiropractic Physicians.

[11-16-97; Recompiled 12/31/01]

 

16.4.16.3               STATUTORY AUTHORITY:  Parental Responsibility Act Ch. 25, Laws of 1995 40-5A-1 to 40-5A-13 NMSA 1978.

[11-16-97; Recompiled 12/31/01]

 

16.4.16.4               DURATION:  Permanent.

[11-16-97; Recompiled 12/31/01]

 

16.4.16.5               EFFECTIVE DATE:  November 16, 1997 unless a later date is cited at the end of a Section or Paragraph.

[11-16-97; Recompiled 12/31/01]

[Compiler’s note:  The term "or paragraph," above, is no longer applicable.  Later dates are now cited only at the end of sections, in the history notes appearing in brackets.]

 

16.4.16.6               OBJECTIVE:  This Part establishes the requirements and possible penalties for non-compliance of the Parental Responsibility Act.

[11-16-97; Recompiled 12/31/01]

 

16.4.16.7               DEFINITIONS:  All terms defined in the Parental Responsibility Act shall have the same meanings in this Part.

[1-13-96, 11-16-97; Recompiled 12/31/01]

 

16.4.16.8               PARENTAL RESPONSIBILITY ACT COMPLIANCE:

                A.            The Board adopts this rule pursuant to the Parental Responsibility Act (Ch. 25, Laws of 1995 40-5A-1 TO 40-5a-13 NMSA 1978). All terms defined in the Parental Responsibility Act shall have the same meanings in this rule.

                B.            If an applicant or licensee is not in compliance with a judgment or order for support, the Board:

                    (1)     shall deny an application for license;

                    (2)     shall deny the renewal of a license; and

                    (3)     has grounds for suspension or revocation of a license.

                C.            Upon determination that the name and Social Security Number of an applicant or licensee appears on a certified list of obligors not in compliance with a judgment or order for support provided by the Human Services Department, the Board shall:

                    (1)     notify the licensee that the licensee's name is on the certified list and that the licensee must provide the Board with a subsequent certified statement from the Human Services Department or court order stating that the licensee is in compliance with such judgment or order for support; or

                    (2)     commence a formal proceeding under subsection 8.3 to take the appropriate action under subsection A.

                D.            Prior to taking any action specified in subsection 8.1, the Board shall serve upon the applicant or licensee a written notice stating that the Board has grounds to take such action and that the Board shall take such action unless the applicant or licensee:

                    (1)     mails a letter (certified mail return receipt requested) within twenty (20) days after service of the notice requesting a hearing; or

                    (2)     provides the Board, within thirty (30) days of the date of the notice, a certified statement from the Human Services Department or court order stating that the applicant or licensee is in compliance with a judgment or order of support.

                E.             In any hearing under this rule relevant evidence shall include, but not be limited to, the following:

                    (1)     A certified statement from the Human Services Department stating that the applicant or licensee is not in compliance with a judgment or order for support is prima facie evidence that requires the Board to take any action under subsection 8.1 of this rule, unless:

                    (2)     The applicant or licensee can provide the Board with a subsequent certified statement from the Human Service Department or court order stating that the applicant or licensee is in compliance with such judgment or order for support. Such statement of compliance shall preclude the Board from taking any action specified in subsection A.

                    (3)     Any other evidence which the applicant or licensee presents to evidence of compliance with a judgment or order of support.

                F.             When an action is taken under this rule solely because the applicant or licensee in not in compliance with a judgment or order of support, the Board's order shall state that the application or license shall be reinstated upon presentation of a subsequent certified statement of compliance from the Human Services Department or upon presentment of other proof of compliance.

                G.            Proceedings under this rule shall be governed by the Uniform Licensing Act, NMSA Section 61-1-1, et. seq. (Repl. Pamp. 1993).

[1-13-96, 11-16-97; Recompiled 12/31/01]

 

HISTORY OF 16.4.16 NMAC:

Pre-NMAC History:

The material in this Part was derived from that previously filed with the State Records Center & Archives under: Rule 21-95, Parental Responsibility Act Compliance, filed 12-14-95.

 
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TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63       SOCIAL WORKERS

PART 13               DISCIPLINARY ACTION

 

16.63.13.1             ISSUING AGENCY:  Regulation and Licensing Department, Board of Social Work Examiners P.O. Box 25101, Santa Fe, NM  87504.  

[9/8/96; 16.63.13.1 NMAC - Rn, 16 NMAC 63.13.1, 06/19/02]

 

16.63.13.2             SCOPE:  All Baccalaureate Social Workers, Master Social Workers, and Independent Social Workers. 

[9/8/96; 16.63.13.2 NMAC - Rn, 16 NMAC 63.13.2, 06/19/02]

 

16.63.13.3             STATUTORY AUTHORITY:  These Parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.

[9/8/96; 16.63.13.3 NMAC - Rn, 16 NMAC 63.13.3, 06/19/02]

 

16.63.13.4             DURATION:  Permanent

[9/8/96; 16.63.13.4 NMAC - Rn, 16 NMAC 63.13.4, 06/19/02]

 

16.63.13.5             EFFECTIVE DATE:  January 5, 1995, unless a different date is cited at the end of a section.

[9/8/96; 16.63.13.5 NMAC – Rn & A, 16 NMAC 63.13.5, 06/19/02]

 

16.63.13.6             OBJECTIVE:  To inform the licensees of the complaint procedure.

[9/8/96; 16.63.13.6 NMAC - Rn, 16 NMAC 63.13.6, 06/19/02]

 

16.63.13.7             DEFINITIONS:  [Reserved]

 

16.63.13.8             PROCEDURES:  Upon receipt of a complaint against any person licensed under the Social Work Practice Act (NMSA Sections 61-31-1 to 61-31-24) the Board may refer the complaint to the complaint committee.

                A.            The complaint committee shall review and investigate or cause to be investigated all complaints received by the Board.  Complaints shall remain confidential while investigations are pending and shall not be a matter of public record until the Board takes disciplinary action pursuant to N.M. State. Ann. Section 61-31-17 (1978), as amended, and this Part.

                B.            Upon completion of the investigation initiated pursuant to this Part, the complaint committee or the Board shall submit to the Board those matters it feels justify further disciplinary action.

                C.            The Board may offer the licensee an informal type of discipline such as a letter of reprimand in lieu of initiating formal proceedings.  The Board shall notify the licensee:

                    (1)     that a letter of reprimand has been officially proposed;

                    (2)     that the respondent must accept or reject the offer in writing;

                    (3)     that if accepted, a copy of the reprimand will remain in the private files of the Board; and

                    (4)     that if rejected, formal disciplinary action pursuant to the Uniform Licensing Act (NMSA 1978 Sections 61-1-1 to 61-1-31) will be initiated.

                D.            If accepted, the letter of reprimand shall be personally issued to the licensee by the Chairperson of the Board at the next scheduled Board meeting and served on the licensee by certified mail.  Copies of the reprimand will be furnished to members of the Board and to the Board's attorney.

                E.             If a licensed social worker voluntarily surrenders their license or allows their license to expire in anticipation of, or during the course of an investigation, the Complaint Committee will complete its investigation and report the findings to the national database.  Any publication or notification of action taken by the Board of Social Work Examiners will include the fact that the licensee voluntarily surrendered or allowed their license to expire during the investigation.

[6/22/92, 1/5/95, 5/1/99; 16.63.13.8 NMAC - Rn, 16 NMAC 63.13.8, 06/19/02]

 

HISTORY OF 16.63.13 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

Rule 13, Letter of Reprimand, 5/22/92.

Rule 13, Disciplinary Action, 12/5/94.

 

History of Repealed Material:  [RESERVED]

 

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4        CHIROPRACTIC PRACTITIONERS

PART 15               CHIROPRACTIC ADVANCED PRACTICE CERTIFICATION REGISTRY

 

16.4.15.1               ISSUING AGENCY:  New Mexico Board of Chiropractic Examiners.

[16.4.15.1 NMAC - N, 3/31/2009]

 

16.4.15.2               SCOPE:  All chiropractic practitioners who are certified for advanced practice or who are applicants for certification for advanced practice.

[16.4.15.2 NMAC - N, 3/31/2009]

 

16.4.15.3               STATUTORY AUTHORITY:  This part is promulgated pursuant to the Chiropractic Examiners Practice Act Sections 61-4-2, 61-4-4, 61-4-6, 61-4-12 and 61-4-13 NMSA 1978.

[16.4.15.3 NMAC - N, 3/31/2009]

 

16.4.15.4               DURATION:  Permanent.

[16.4.15.4 NMAC - N, 3/31/2009]

 

16.4.15.5               EFFECTIVE DATE:  March 31, 2009, unless a later date is cited at the end of a section.

[16.4.15.5 NMAC - N, 3/31/2009]

 

16.4.15.6               OBJECTIVE:  16.4.15 NMAC lists the requirements for advanced practice registration including course approval, formulary, continuing education, registration, application and fees.

[16.4.15.6 NMAC - N, 3/31/2009]

 

16.4.15.7               DEFINITIONS:

                A.            “Chiropractic” means the science, art and philosophy of things natural, the science of locating and removing interference with the transmissions or expression of nerve forces in the human body by the correction of misalignments or subluxations of the articulations and adjacent structures, more especially those of the vertebral column and pelvis, for the purpose of restoring and maintaining health for treatment of human disease primarily by, but not limited to, adjustment and manipulation of the human structure. It shall include, but not be limited to, the prescription and administration of all natural agents in all forms to assist in the healing act, such as food, water, heat, light, cold, electricity, mechanical appliances, herbs, nutritional supplements, homeopathic remedies and any necessary diagnostic procedure, excluding invasive procedures, except as provided by the board by rule and regulation. It shall exclude operative surgery and prescription or use of controlled or dangerous drugs, except as provided by the board by rule and regulation.

                B.            “Certified advanced practice chiropractic physician” means advanced practice chiropractor who shall have prescriptive authority for therapeutic and diagnostic purposes as authorized by statute and stated by the board in 16.4.15.11 NMAC.

                C.            “Chiropractic physician” includes doctor of chiropractic, chiropractor, doctor of chiropractic and medicine chiropractic physician and means a person who practices chiropractic as defined in the Chiropractic Physician Practice Act. Chiropractors are physicians that attempt to improve the quality of life, relieve pain and suffering and promote health and wellness with evidence-based and patient centered care as taught in their chiropractic educational institutions.  The chiropractic profession, through its institutions, professional associations, continuing educational providers and requirements teaches its health care professionals to use natural treatments, therapeutic interventions and patient education to promote health and wellness when indicated by the evidence and with other interventions as taught within chiropractic educational institutions and providers of approved continuing education instruction when necessary to safely treat individuals with disease, deformity, disability and neuromusculoskeletal maladies.

                D.            “Nationally recognized credentialing agency” means agency that has been recognized by the board and may be updated annually.  Any educational institution allowed to provide clinical and didactic programs credited toward advanced practice certification must have concurrent approval from the New Mexico medical board and the New Mexico board of chiropractic examiners.

                E.            “Chiropractic formulary” shall mean those substances that have been approved for use by the chiropractor registered in advanced practice by the chiropractic board and as by statute with consensus between the New Mexico medical board and New Mexico board of pharmacy.

[16.4.15.7 NMAC - N, 3/31/2009; A, 7/23/2010; A, 1/30/15; A, 2/13/2015]

 

16.4.15.8               ADVANCED PRACTICE REGISTRATION GENERAL PROVISIONS:  Advanced practice registration is authorized by 61-4-9.1(C) NMSA of the act and defined in 61-4-9.2 NMSA 1978 and allows the use of approved substances through injection for therapeutic purposes.

                A.            A chiropractic physician shall have the prescriptive authority to administer through injection and prescribe the compounding of substances that are authorized in the advanced practice formulary. Those with active registration are allowed prescription authority that is limited to the current formulary as agreed on by the New Mexico board of chiropractic examiners and as by statute, by the New Mexico board of pharmacy and the New Mexico medical board. The New Mexico board of chiropractic examiners shall maintain a registry of all chiropractic physicians who are registered in advanced practice and shall notify the New Mexico board of pharmacy of all such current registered licensees no later than September 1st of each licensing period.

                B.            Chiropractic physicians applying for registry shall submit to the board:

                                (1)           documentation that the doctor has successfully completed a competency examination administered by a nationally recognized credentialing agency or after December 31, 2012 successfully completed a graduate degree in a chiropractic clinical practice specialty;

                                (2)           documentation that the chiropractic physician has successfully completed 90 clinical and didactic hours of education provided by an institution approved by the New Mexico medical board and the New Mexico board of chiropractic examiners;

                                (3)           an application provided by the board for registry of the advanced practice certification.

                C.            A chiropractic physician without advanced practice certification may administer, dispense and prescribe any natural substance that is to be used in an oral or topical manner so long as that substance is not considered a dangerous drug.

                D.            The board shall annually renew the registration of a doctor of chiropractic medicine in good standing who is registered in advanced practice if the licensee has completed all continuing education required by 16.4.10 NMAC.

                E.            All advanced practice registrations shall automatically terminate when licensure as a doctor of chiropractic medicine

                                (1)           is placed permissive temporary cancellation as stated in Paragraph (2) of Subsection A of 16.4.12.8 NMAC; or

                                (2)           expires as stated in 16.4.13.8 NMAC; or

                                (3)           is suspended, revoked or terminated for any reason as stated in 16.4.13.8 NMAC;

                                (4)           is not renewed prior to the annual renewal date (July 1).

                F.             An advanced practice registration that is revoked or terminated shall not be reinstated. The chiropractic physician must reapply for expanded practice certification as a new applicant.

                G.            All advanced practice registrations that were automatically terminated due to inactive status, expiration or suspension as stated in 16.4.13.8 NMAC shall be automatically reinstated when licensure as a chiropractic physician is reinstated, provided that:

                                (1)           all fees required by 16.4.1.13 NMAC have been paid; and

                                (2)           all continuing education requirements stated in Subsection C of 16.4.15.10 NMAC have been completed; and

                                (3)           any other reinstatement provisions, required by board rule, have been completed.

                H.            Each year the board may review the advanced practice formularies for necessary amendments. When new substances are added to a formulary, appropriate education in the use of the new substances may be approved and required by the board for chiropractic physician applying for registration or as continuing education for renewal of the applicable advanced practice registration. All amendments to the formulary shall be made following consensus of the NM board of medicine, NM pharmacy board and the NM board of chiropractic examiners.

                I.             A chiropractic physician certified for advanced practice under 16.4.15.11 NMAC that includes the use of controlled substances shall register with the federal DEA (drug enforcement agency) prior to obtaining, prescribing, administering, compounding the controlled substance.

                J.             A chiropractic physician registered in advanced practice, when prescribing, shall use prescription pads printed with his or her name, address, telephone number, license number and his or her advanced practice certification. If a chiropractic physician is using a prescription pad printed with the names of more than one chiropractic physician the above information for each chiropractic physician shall be on the pad and the pad shall have a separate signature line for each chiropractic physician. Each specific prescription shall indicate the name of the chiropractic physician for that prescription and shall be signed by the prescribing chiropractic physician.

[16.4.15.8 NMAC - N, 3/31/2009; A, 7/23/2010; A, 1/30/15; A, 2/13/2015]

 

16.4.15.9               ADVANCED PRACTICE REGISTRATION - BOARD REQUIREMENTS:

                A.            The board shall have final authority for registration 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 representative of the board may certify a chiropractic physician into the advanced practice registry to an applicant who has filed with the board a complete application and complied with all requirements for advanced practice registration.

                F.             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 Paragraph (24) of Subsection B of 16.4.8.10 NMAC.

[16.4.15.9 NMAC - N, 3/31/2009]

 

16.4.15.10             FEES, RENEWAL and CONTINUING EDUCATION:

                A.            A fee of $100 shall accompany the initial application. When that application is approved a fee of $100 shall be submitted for registry of the advanced practice certification.

                B.            A fee of $100 shall be assessed for all renewal applications, in addition to the standard fee for renewal of the chiropractic license.

                C.            Chiropractic physicians seeking renewal of advanced practice certification registration shall have completed 10 hours of continuing education, in addition to the required number of CE hours for the general chiropractic licensure, from an approved institution as stated in 16.4.15.8 NMAC or approved by submission to the board for CE credited as stated in 16.4.15.8 NMAC. The education should include pharmacology, toxicology, medication administration or pharmacognosy appropriate to the current formulary and procedures authorized to be performed by the advanced practice chiropractic certification.

[16.4.15.10 NMAC - N, 3/31/2009; A, 1/30/15]

 

16.4.15.11             CHIROPRACTIC FORMULARY:

                A.            Hormones for topical, sublingual, oral use

                                (1)           estradiol

                                (2)           progesterone

                                (3)           testosterone

                                (4)           desicated thyroid

                B.            Muscle relaxers; cyclobenzaprine

                C.            NSAIDs - prescription strength

                                (1)           ibuprofen

                                (2)           naproxen

                D.            Prescription medications for topical use

                                (1)           NMDC Ca2  dextromethorphan

                                (2)           NSAIDSs

                                                (a)           ketoprofen

                                                (b)           piroxicam

                                                (c)           naproxen

                                                (d)           ibuprofen

                                                (e)           diclofenac

                                (3)           muscle relaxers; cyclobenzaprine

                                (4)           sodium chanel antagonist; lidocaine

                E.            Homeopathics requiring prescription

                F.             Other substances by injection

                                (1)           sterile water

                                (2)           sterile saline

                                (3)           sarapin or its generic

                                (4)           caffeine

                                (5)           procaine HCL

                                (6)           epinephrine

                                (7)           homeopathic for injection                

                G.            Glutathione for inhalation

[16.4.15.11 NMAC - N, 09/11/2009; A, 7/23/2010; A, 11/13/11; A, 04/30/2014]

 

16.4.15.12             [RESERVED]

 [16.4.15.12 NMAC - N, 11/13/11; Repealed, 1/30/15

 

HISTORY OF 16.4.15 NMAC:  [RESERVED]

 
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TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4         CHIROPRACTIC PRACTITIONERS

PART 13               REINSTATEMENT OF CHIROPRACTIC LICENSURE

 

16.4.13.1               ISSUING AGENCY:  New Mexico Board of Chiropractic Examiners, PO Box 25101, Santa Fe, New Mexico 87504.

[11/16/97; 16.4.13.1 NMAC - Rn, 16 NMAC 4.13.1, 3/15/06]

 

16.4.13.2               SCOPE:  All chiropractic physicians.

[11/16/97, 16.4.13.2 NMAC - Rn, 16 NMAC 4.13.2, 3/15/06]

 

16.4.13.3               STATUTORY AUTHORITY:  These rules of practice and procedure govern the practice of chiropractic in New Mexico and are promulgated pursuant to and in accordance with the Chiropractic Physician Practice Act, Section 61-4-14 NMSA 1978.

[11/16/97; 16.4.13.3 NMAC - Rn, 16 NMAC 4.13.3, 3/15/06]

 

16.4.13.4               DURATION:  Permanent.

[11/16/97; 16.4.13.4 NMAC - Rn, 16 NMAC 4.13.4, 3/15/06]

 

16.4.13.5               EFFECTIVE DATE:  November 16, 1997, unless a later date is cited at the end of a section.

[11/16/97; 16.4.13.5 NMAC - Rn & A, 16 NMAC 4.13.5, 3/15/06]

 

16.4.13.6               OBJECTIVE:  To establish reinstatement procedures for chiropractic physicians.

[11/16/97; 16.4.13.6 NMAC - Rn, 16 NMAC 4.13.6, 3/15/06]

 

16.4.13.7               DEFINITIONS:  (Refer to 16.4.1 NMAC).

[11/16/97; 16.4.13.7 NMAC - Rn, 16 NMAC 4.13.7, 3/15/06]

 

16.4.13.8               REINSTATEMENT OF CHIROPRACTIC LICENSURE:

                A.            Any person whose license has been suspended, revoked or which has lapsed may apply to the board for reinstatement of the license at any time within two (2) years of the suspension, revocation or lapse.

                    (1)     In making application for reinstatement, the applicant should state why the license should be reinstated and should specifically set forth any changed circumstances which would justify reinstatement.

                    (2)     Applicant must include in the application, evidence that applicant meets the current requirements for licensure.

                    (3)     Any licensed chiropractor applying for reinstatement of a license must pay all back renewal and penalty fees for each year of suspension, revocation or lapse, an application fee as set forth in Subparagraph (d) of Paragraph (1) of Subsection A of 16.4.1.13 NMAC and provide proof of attendance of continuing education hours as set forth in Subsection A of 16.4.10.8 NMAC for each year of suspension, revocation or lapse to a maximum of two years.

                B.            The board may require an applicant to complete certain education or training requirements, in addition to any continuing education requirements; to be completed prior to or after reinstatement to ensure that the applicant is competent to practice chiropractic. The board may, in its discretion, require that an applicant for reinstatement take and pass a written examination as prescribed by the board.

                C.            Upon receipt of an application for reinstatement, the board shall grant the applicant a hearing, at which time the applicant may appeal to the board to reinstate the license.

                D.            After two years, the applicant must apply for licensure without examination.

                E.             Applicant agrees to a national practitioners databank and a federation of chiropractic licensing boards background check.

[10/30/69, 2/27/87, 2/12/93, 11/16/97; 16.4.13.8 NMAC - Rn & A, 16 NMAC 4.13.8, 3/15/06; A, 8/9/08]

 

HISTORY OF 16.4.13 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

BCE 69-1, Board Rules And Regulations, filed 9/30/69.

Rule 5-87, Reinstatement Of Temporary Suspension, filed 1/28/87.

Rule 5-93, Reinstatement Of Licensure, filed 1/13/93.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 5-93, Reinstatement Of Licensure (filed 1/13/93) was renumbered, reformatted and replaced by 16 NMAC 4.13, Reinstatement of Chiropractic Licensure, effective 11/16/97.

16 NMAC 4.12, Reinstatement of Chiropractic Licensure (filed 10/17/97) was renumbered, reformatted, amended and replaced by 16.4.13 NMAC, Reinstatement of Chiropractic Licensure, effective 3/15/06.

 

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63     SOCIAL WORKERS

PART 14               INACTIVE STATUS

 

16.63.14.1             ISSUING AGENCY:  Regulation and Licensing Department, Board of Social Work Examiners, P.O. Box 25101, Santa Fe, NM  87504.

[9/8/96; 16.63.14.1 NMAC - Rn, 16 NMAC 63.14.1, 06/19/02]

 

16.63.14.2             SCOPE:  All baccalaureate social workers, master social workers, and independent social workers.

[9/8/96; 16.63.14.2 NMAC - Rn, 16 NMAC 63.14.2, 06/19/02]

 

16.63.14.3             STATUTORY AUTHORITY:  These parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.

[9/8/96; 16.63.14.3 NMAC - Rn, 16 NMAC 63.14.3, 06/19/02]

 

16.63.14.4             DURATION:  Permanent

[9/8/96; 16.63.14.4 NMAC - Rn, 16 NMAC 63.14.4, 06/19/02]

 

16.63.14.5             EFFECTIVE DATE:  January 5, 1995, unless a different date is cited at the end of a section.

[9/8/96; 16.63.14.5 NMAC - Rn & A, 16 NMAC 63.14.5, 06/19/02]

 

16.63.14.6             OBJECTIVE:  To inform the licensees of the procedure to change their license to inactive status, and the reinstatement process.

[9/8/96; 16.63.14.6 NMAC - Rn, 16 NMAC 63.14.6, 06/19/02]

 

16.63.14.7             DEFINITIONS:  [Reserved]

 

16.63.14.8             PROCEDURE

                A.            Any person licensed under the Social Work Practice Act (NMSA 1978 Sections 61-31-1 to 61-31-24) who wishes to assume inactive status in the practice of social work shall notify the board's administrator in writing postmarked on or before July 1st of the year the license expires. As part of the written request for inactive status, the licensee must show proof of having completed the required continuing education hours defined in Part 12 of these rules.  If the licensee has not met the continuing education requirements, inactive status may be granted but the licensee will be subject to all rules related to continuing education if reinstatement of license is requested.

                B.            Upon approval by the board, the licensee shall assume inactive status.  Any license in inactive status will be subject to an annual fee of fifteen dollars ($15.00) for LBSW, twenty dollars ($20.00) for LMSW and twenty-five dollars ($25.00) for LISW.

                C.            The practice of social work in New Mexico under an inactive license is strictly prohibited.

                D.            Any person licensed under the Social Work Practice Act who has assumed inactive status as provided in this section, may notify the board, in writing, of his desire to resume active practice.

                E.            Upon receipt of the notice required in Subsection D of 16.63.14.8 NMAC, the administrator shall send to the licensee an application for reinstatement of license.

                F.             The fee for reinstatement of a license shall be in accordance with 16.63.8 NMAC, Sections 8, 9, 10 &11.

                G.            The applicant must, in addition, provide satisfactory proof of:

                    (1)     completion of no less than ten (10) hours of continuing education for each year of inactive status; such continuing education to be accumulated in accordance with Part 12.

                    (2)     completion of all continuing education requirements determined to have been unmet at the time inactive status was granted.

                H.            If the board finds the application in order and is satisfied that the applicant has fulfilled his continuing education requirements as outlined in Subsection G of 16.63.14.8 NMAC, the board shall reinstate the applicant's license.

                I.             No person licensed under the Social Work Practice Act who has assumed inactive status shall reactivate his practice until he receives notification from the board that his license is active.

                J.             The board will not accept applications for inactive status from licensees who are under investigation for violations of the Social Work Practice Act or who have an active complaint pending with the board.

                K.            The board will accept applications under this section from any social worker who is impaired as further defined in this section and who is participating in a rehabilitation plan approved by the board.

                    (1)     For purposes of this section, impaired means inability to practice social work with reasonable skill or safety to clients by reason of one or more of the following:

                    (2)     mental illness;

                    (3)     habitual or excessive use or abuse of drugs, as defined in the Controlled Substances Act (NMSA Sections 30-31-1 to 30-31-40) or alcohol.

                L.            The board may, in its discretion, require that an applicant for reinstatement take and pass a written or oral examination as prescribed by the board.

[6/22/92, 1/5/95, 5/1/99; 16.63.14.8 NMAC - Rn & A, 16 NMAC 63.14.8, 06/19/02; A, 4/24/06; A, 09/01/14]

 

HISTORY OF 16.63.14 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives:

Rule 14, Inactive Status, 5/22/92.

Rule 14, Inactive Status, 12/5/94.

 

History of Repealed Material:  [RESERVED]

 
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TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4         CHIROPRACTIC PRACTITIONERS

PART 14               MANAGEMENT OF MEDICAL RECORDS

 

16.4.14.1               ISSUING AGENCY:  New Mexico Board of Chiropractic Examiners, PO Box 25101, Santa Fe, New Mexico 87504.

[16.4.14.1 NMAC - N, 8/9/2008]

 

16.4.14.2               SCOPE:  Chiropractors for licensure who must take a licensing examination for the state of New Mexico.

[16.4.14.2 NMAC - N, 8/9/2008]

 

16.4.14.3               STATUTORY AUTHORITY:  These rules of practice and procedure govern the practice of chiropractic in New Mexico and are promulgated pursuant to and in accordance with the Chiropractic Physician Practice Act, Sections 61-4-3.G and 61-4-4 NMSA 1978.

[16.4.14.3 NMAC - N, 8/9/2008]

 

16.4.14.4               DURATION:  Permanent.

[16.4.14.4 NMAC - N, 8/9/2008]

 

16.4.14.5               EFFECTIVE DATE:  8/9/2008, unless a later date is cited at the end of a section.

[16.4.14.5 NMAC - N, 8/9/2008]

 

16.4.14.6               OBJECTIVE:  This part establishes requirements and procedures for management of chiropractic records.

[16.4.14.6 NMAC - N, 8/9/2008]

 

16.4.14.7               DEFINITIONS.  “Chiropractic record” means all information maintained by a chiropractic physician relating to the past, present or future physical or mental health of a patient, and for the provision of health care to a patient. This information includes, but is not limited to, the chiropractic physician’s notes, reports summaries, and x-rays and laboratory and other diagnostic test results. A patient’s complete chiropractic record includes information generated and maintained by the chiropractic physician, as well as information provided to chiropractic physician by the patient, by any other physician who has consulted with or treated the patient, and other information acquired by the chiropractic physician about the patient in connection with the provision of health care to the patient.

[16.4.14.7 NMAC - N, 8/9/2008]

 

16.4.14.8               RELEASE OF CHIROPRACTIC RECORDS.  Chiropractic physicians must provide complete copies of medical records to a patient or to another physician in a timely manner when legally requested to do so by the patient or by a legally designated representative of the patient. This should occur with a minimum of disruption in the continuity and quality of medical care being provided to the patient. If the medical records are the property of a separate and independent organization, the chiropractic physician should act as the patient’s advocate and work to facilitate the patient’s request for records.

                A.            Medical records may not be withheld because an account is overdue or a bill for treatment medical records, or other services is owed.

                B.            A reasonable cost-based charge may be made for the cost of duplicating and mailing chiropractic records. A reasonable charge is not more than $25 and $0.25 per page. Patients may be charged the actual cost of reproduction for electronic records and record formats other than paper, such as x-rays. The board will review the reasonable charge periodically. Chiropractic physicians charging for the cost of reproduction of 16.4.1 NMAC medical records shall give consideration to the ethical and professional duties owed to other physicians and their patients.

[16.4.14.8 NMAC - N, 8/9/2008]

 

16.4.14.9               CLOSING, SELLING, RELOCATING OR LEAVING A PRACTICE.  Due care should be taken when closing or departing from a practice to ensure a smooth transition from the current chiropractic physician to the new treating physician. This should occur with a minimum of disruption in the continuity and quality of medical care being provided to the patient. Whenever possible, notification of patients is the responsibility of the current treating physician.

                A.            Whenever possible, active patients and patients seen within the previous three years must be notified at least 30 days before closing, selling, relocating or leaving a practice.

                B.            Whenever possible, patients should be notified within at least 30 days after the death of their chiropractic physician.

                C.            Notification shall be through a notice in newspaper in the local practice area, and should include responsible entity/agent name of contact to obtain records or request transfer of records, telephone number and mailing address. To reach a maximum number of patients, the notification must run a minimum of two times per month for three months. In addition to a notice in the newspaper, notification may also be through an individual letter to the patient’s last known address. Notification shall also be sent to the board.

                D.            A chiropractic physician or chiropractic physician group should not withhold patient lists or other information from a departing chiropractic physician that is necessary for notification of patients.

                E.             Patients of a chiropractic physician who leaves a group practice must be notified the chiropractic physician is leaving, notified of the chiropractic physician’s new address and offered the opportunity to have their medical records transferred to the departing chiropractic physician at his new practice.

                F.             When a practice is sold, all active patients must be notified that the chiropractic physician is transferring the practice to another chiropractic physician or entity who will retain custody of their records and that at their written request the records (or copies) will be sent to another physician or entity of their choice.

[16.4.14.9 NMAC - N, 8/9/2008]

 

16.4.14.10             RETENTION, MAINTENANCE AND DESTRUCTION OF MEDICAL RECORDS.

                A.            Improper management of medical records, including failure to maintain timely, accurate, legible and complete medical records constitutes a violation of (61-4-10A(16) Chiropractic physicians must post a written copy of their policy or their employer’s policy for medical record retention, maintenance and destruction.

                B.            Written medical record policy shall include:

                    (1)     responsible entity/agent name of contact to obtain records or request transfer of records, telephone number and mailing address;

                    (2)     how the records can be obtained or transferred;

                    (3)     how long the records will be maintained before they are destroyed; and

                    (4)     cost of obtaining copies of records, and of recovering records/transferring records.

                C.            Chiropractic physicians must retain medical records that they own for at least 2 years beyond what is required by state insurance laws and by medicare and medicaid regulations. Medical records for patients who are minors must be retained for at least 2 years beyond the date that the patient is 18 years old.

                D.            A log must be kept of all charts destroyed, including the patient’s name and date of record destruction.

[16.4.14.10 NMAC - N, 8/9/2008]

 

HISTORY OF 16.4.14 NMAC:  [RESERVED]

 

 
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TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63       SOCIAL WORKERS

PART 15               RETIREMENT

 

16.63.15.1             ISSUING AGENCY:  Regulation and Licensing Department, Board of Social Work Examiners, P.O. Box 25101, Santa Fe, NM  87504.

[9/8/96; 16.63.15.1 NMAC - Rn, 16 NMAC 63.15.1, 06/19/02]

 

16.63.15.2             SCOPE:  All baccalaureate social workers, master social workers, and independent social workers.

[9/8/96; 16.63.15.2 NMAC - Rn, 16 NMAC 63.15.2, 06/19/02]

 

16.63.15.3             STATUTORY AUTHORITY:  These parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.

[9/8/96; 16.63.15.3 NMAC - Rn, 16 NMAC 63.15.3, 06/19/02]

 

16.63.15.4             DURATION:  Permanent

[9/8/96; 16.63.15.4 NMAC - Rn, 16 NMAC 63.15.4, 06/19/02]

 

16.63.15.5             EFFECTIVE DATE:  January 5, 1995, unless a different date is cited at the end of a section.

[9/8/96; 16.63.15.5 NMAC - Rn & A, 16 NMAC 63.15.5, 06/19/02]

 

16.63.15.6             OBJECTIVE:  To inform the licensees of the procedure to change their license to retirement status, and the reinstatement process.

[9/8/96; 16.63.15.6 NMAC - Rn, 16 NMAC 63.15.6, 06/19/02]

 

16.63.15.7             DEFINITIONS:  [Reserved]

 

16.63.15.8             PROCEDURE

                A.            Any person licensed under the Social Work Practice Act (NMSA 1978 Sections 61-31-1 to 61-31-24) who wishes to retire from practice shall notify the board's administrator in writing prior to the July 1 expiration of his current license. As part of the written request for retirement status, the licensee must show proof of having completed the required continuing education hours defined in Part 12 of these rules. If the licensee has not met the continuing education requirements, retirement status may be granted but the licensee will be subject to all rules related to continuing education if reinstatement of license is requested.  The administrator shall acknowledge receipt of the request.

                B.            Upon approval by the board of the request, the licensee shall assume retirement status and shall be exempt from payment of the yearly renewal fees during the period of retirement.

                C.            The practice of social work in New Mexico under a retired license is strictly prohibited.  Any person licensed under the Social Work Practice Act who has retired as provided in this section, may notify the board, in writing, of his desire to resume active practice.

                D.            Upon receipt of the notice required in Subsection C of 16.63.15.8 NMAC, the administrator shall send to the retired licensee an application for reinstatement of license.

                E.             The application must be completed and returned to the board's administrator with the appropriate fee as required in sections 8, 9, 10 and 11 of 16.63.8 NMAC.

                F.             The applicant must, in addition provide satisfactory proof of:

                    (1)     completion of no less than ten (10) hours of continuing educa­tion for each year of retirement; such continuing education to be accumulated in accordance with Part 12;

                    (2)     completion of all continuing education requirements determined to have been unmet at the time retirement status was granted.

                G.            The board may, in its discretion, require that an applicant for reinstatement take and pass a written examination as prescribed by the board.

                H.            If the board finds the application in order and is satisfied that the applicant has fulfilled his continuing education requirements as outlined in Subsection F of 16.63.15.8 NMAC, the board shall issue the applicant a new license.

                I.              No person licensed under the Social Work Practice Act who has retired shall reactivate his practice until he receives his new license certificate.

                J.             The board will not accept applications for retirement from licensees who are under investigation for violations of the Social Work Practice Act or who have an active complaint pending with the board.

                K.            The board will accept applications under this section from any social worker who is impaired as further defined in this section and who is participating in a rehabilitation plan approved by the board.  For purposes of this section, impaired means inability to practice social work with reasonable skill or safety to clients by reason of one or more of the following:

                    (1)     mental illness;

                    (2)     habitual or excessive use or abuse of drugs, as defined in the Controlled Substances Act (NMSA Sections 30-31-1 to 30-31-40) or alcohol.

[6/22/92, 1/5/95, 5/1/99; 16.63.15.8 NMAC - Rn, 16 NMAC 63.15.8, 06/19/02; A, 4/24/06; A, 11/30/06]

 

HISTORY OF 16.63.15 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives:

Rule 15, Retirement, 5/22/92.

Rule 15, Retirement, 12/5/94.

 

History of Repealed Material:  [RESERVED]

 

 
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TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4         CHIROPRACTIC PRACTITIONERS

PART 12               CLASSIFICATION OF CHIROPRACTIC LICENSURE

 

16.4.12.1               ISSUING AGENCY:  New Mexico Board of Chiropractic Examiners, PO Box 25101, Santa Fe, New Mexico 87504.

[11/16/97; 16.4.12.1 NMAC - Rn, 16 NMAC 4.12.1, 3/15/06]

 

16.4.12.2               SCOPE:  All chiropractic physicians.

[11/16/97; 16.4.12.2 NMAC - Rn, 16 NMAC 4.12.2, 3/15/06]

 

16.4.12.3               STATUTORY AUTHORITY:  These rules of practice and procedure govern the practice of chiropractic in New Mexico and are promulgated pursuant to and in accordance with the Chiropractic Physician Practice Act, Section 61-4-13 and 61-4-14 NMSA 1978.

[11/16/97; 16.4.12.3 NMAC - Rn, 16 NMAC 4.12.3, 3/15/06]

 

16.4.12.4               DURATION:  Permanent.

[11/16/97; 16.4.12.4 NMAC - Rn, 16 NMAC 4.12.4, 3/15/06]

 

16.4.12.5               EFFECTIVE DATE:  November 16, 1997, unless a later date is cited at the end of a section.

[11/16/97; 16.4.12.5 NMAC - Rn & A, 16 NMAC 4.12.5, 3/15/06]

 

16.4.12.6               OBJECTIVE:  To designate licensure status.

[11/16/97; 16.4.12.6 NMAC - Rn, 16 NMAC 4.12.6, 3/15/06]

 

16.4.12.7               DEFINITIONS:  (Refer to Part 1) [now 16.4.1 NMAC].

[11/16/97; 16.4.12.7 NMAC - Rn, 16 NMAC 4.12.7, 3/15/06]

 

16.4.12.8               LICENSURE STATUS:

                A.            There shall be two licensure statuses.

                    (1)     Active. An active license entitles a chiropractic physician to engage in the practice of chiropractic by providing professional services to patients within the state of New Mexico. This status may be maintained by following the license renewal procedures as set forth in Subsection A of 16.4.9.8 NMAC and by payment of the required fee as set forth in Subparagraph (a) of Paragraph (2) of Subsection A of 16.4.1.13 NMAC.

                    (2)     Inactive. An inactive license may be held by a chiropractic physician not engaging in the active practice of chiropractic in New Mexico. This status may be maintained by payment of the required fee as set forth in Subparagraph (b) of Paragraph (2) of Subsection A of 16.4.1.13 NMAC.  Continuing education is not required while on inactive status.  Inactive status will not be granted for a period of less than one year.  The board may consider a petition by the licensee for early reinstatement due to undue hardship or special circumstances.

                B.            Change in licensure status - A change from one status to another shall require a written request to the board.

                C.            A change from inactive status to active status shall require a written license renewal application sent by the board, fulfillment of the continuing education requirements for the year in which the applicant petitions for a change in status and payment of reinstatement of license fees, active renewal fees, impairment fees, and any late fees required by the board.  Applicant must include in the application, evidence that applicant meets the current requirements for licensure.  If the applicant has been on inactive license status and not been in active practice in another jurisdition for two or more years and desires to return to active status, a competency test may be required in addition to any other materials deemed reasonably necessary to assure the public safety.

[11/16/97; 16.4.12.8 NMAC - Rn & A, 16 NMAC 4.12.8, 3/15/06; A, 07/17/08]

 

HISTORY OF 16.4.12 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

BCE 69-1, Board Rules And Regulations, filed 9/30/69.

Rule 5-87, Reinstatement Of Temporary Suspension, filed 1/28/87.

Rule 18-95, License Renewal Procedures, filed 2/20/95.

 

History of Repealed Material:  [RESERVED]

 

Other History:

That portion of Rule 18-95, License Renewal Procedures (filed 2/20/95) was renumbered, reformatted and replaced by 16 NMAC 4.12, Classification of Chiropractic Licensure, effective 11/16/97.

16 NMAC 4.12, Classification of Chiropractic Licensure (filed 10/17/97) was renumbered, reformatted, amended and replaced by 16.4.12 NMAC, Classification of Chiropractic Licensure, effective 3/15/06.

 

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4        CHIROPRACTIC PRACTITIONERS

PART 10               CONTINUING EDUCATION

 

16.4.10.1               ISSUING AGENCY:  New Mexico Board of Chiropractic Examiners, PO Box 25101, Santa Fe, New Mexico 87504.

[11/16/97; 16.4.10.1 NMAC - Rn, 16 NMAC 4.10.1, 1/15/05]

 

16.4.10.2               SCOPE:  All licensed chiropractic physicians.

[11/16/97; 16.4.10.2 NMAC - Rn, 16 NMAC 4.10.2, 1/15/05]

 

16.4.10.3               STATUTORY AUTHORITY:  These rules of practice and procedure govern the practice of chiropractic in New Mexico and are promulgated pursuant to and in accordance with the Chiropractic Physician Practice Act, Section 61-4-3.H NMSA 1978.

[11/16/97; 16.4.10.3 NMAC - Rn, 16 NMAC 4.10.3, 1/15/05]

 

16.4.10.4               DURATION:  Permanent.

[11/16/97; 16.4.10.4 NMAC - Rn, 16 NMAC 4.10.4, 1/15/05]

 

16.4.10.5               EFFECTIVE DATE:  November 16, 1997, unless a later date is cited at the end of a section.

[11/16/97; 16.4.10.5 NMAC - Rn & A, 16 NMAC 4.10.5, 1/15/05]

 

16.4.10.6               OBJECTIVE:  To establish continuing education requirements for chiropractic physicians to renew their licenses in the state of New Mexico.

[11/16/97; 16.4.10.6 NMAC - Rn, 16 NMAC 4.10.6, 1/15/05]

 

16.4.10.7               DEFINITIONS:  (Refer to 16.4.1 NMAC).

[11/16/97; 16.4.10.7 NMAC - Rn, 16 NMAC 4.10.7, 1/15/05]

 

16.4.10.8               CONTINUING EDUCATION:

                A.            In accordance with Section 61-4-3 NMSA 1978, New Mexico Chiropractic Physician Practice Act, chiropractic physicians licensed in New Mexico are required to complete a minimum of sixteen (16) hours of board approved continuing education annually by the time of license renewal. Credit hours may be earned at any time during the annual reporting period, July 1 through June 30, immediately preceding annual renewal.

                B.            Each chiropractor renewing a license shall attest that they have obtained the required hours of continuing education on the renewal form.  The board will select by random RLD computer processes, no less than 10% of renewal applications for audit to verify completion of acceptable continuing education.  Audit requests will be included with the renewal notice and those selected chiropractors will be asked to submit proof of compliance with the continuing education requirements.  The board may audit continuing education records at any time.  Continuing education records must be maintained for three years following the renewal cycle in which they are earned.

                C.            The board will approve continuing education programs which in its determination, advance the professional skills, risk management understanding and knowledge of the licensee that is directly related to the practice of chiropractic art, science or philosphy.  Practice building and self-motivational courses, and courses that are determined not to have significant or a direct relationship to the safe and effective practice of chiropractics; or such portions of those programs or courses, may not be approved.  There will be no charge to a licensee for individual request for approval.

                D.            The board may determine that, in it’s opinion, a particular course or area of professional education is of such importance or addresses an area of special need as it pertains to public protection that all licensees shall be required to take the course of study as a part of or in addition to the CE requirements:

                    (1)     the declaration of a mandatory course must be made by a majority vote of the board at a regular scheduled meeting;

                    (2)     the course title, approved instructors (if appropriate), locations of course delivery or methods of securing approved print or electronic presentations of the course must be communicated to all licensed New Mexico chiropractors on or before September 1st of the year that the course is made mandatory;

                    (3)     the mandatory nature of courses so designated shall expire on June 30th of the current licensing year or the determination must be renewed by a majority vote of the board at a regular scheduled meeting and the extension of the mandatory nature communicated to all active licensees on or before September 1st.

                E.            The following seminars or continuing education programs meeting board criteria for license renewal credit by the following entities shall be automatically approved:

                    (1)     American chiropractic association and international chiropractic association, or their successors;

                    (2)     the annual convention of any New Mexico recognized chiropractic association; or

                    (3)     chiropractic colleges having accreditation status with the chiropractic council on education (CCE);

                    (4)     officiating during national board examinations shall be credited to the professional members of the NMBCE as approved hours of continuing education;

                    (5)     those courses that have secured accredidation through the “NBCE” and carry the “PACE” designation;

                    (6)      webinar, teleseminar, compact disc (CD), video taped or audio taped courses produced or endorsed by approved entities may be accepted for continuing education credit:

                              (a)     the completion of such education shall be supported through record keeping with a letter, memo or on a form approved by the board, that includes the dates, times, vendors’ or presenters’ name/s, and total hours claimed for each course;

                              (b)     the licensee’s retained records must include the following statement, “I swear or affirm that I viewed or listened to these continuing education courses in their entirety on the dates and times specified in this document”;

                              (c)     a maximum of eight hours may be obtained through these distance learning methods unless specific individual approval by the board is obtained.

                F.             All non approved entities, sponsoring institutions, or organizations requesting approval of seminars or continuing education programs must be submitted to the board office in writing by the licensee or sponsoring entity must include:

                    (1)     course title, objective and format;

                    (2)     sponsoring entity;

                    (3)     total class hours;

                    (4)     method for certification of attendance; or documentation of completion of program;

                    (5)     instructors credentials; and

                    (6)     courses that in the boards opinion enhance the professional practice procedures, risk management, clinical skills or the doctor’s ability to understand and operate within managed care guidelines and regulations will be considered for approval or will be approved.

                G.            The board may waive or extend the time for completion of the annual continuing education requirement if the licensee has reached the age of 70 years or if the licensee files with the board the statement of a licensed physician certifying the physical inability of the licensee to attend a seminar.

                H.            Licensees serving in the United States military practicing or residing outside the United States shall not be required to fulfill the continuing education requirements for the period of the absence.

                    (1)     The board must be notified prior to license expiration that the licensee will be outside the United States, including the period of the absence.

                    (2)     Upon return to the United States, the licensee shall complete the continuing education required for the years of practice within the United States during the renewal cycle, or apply for an emergency deferral.

                    (3)     All renewal fees shall be waived while the licensee is practicing or residing outside the country serving in the military or under armed services contract.

                    (4)     The board may waive any and all deadlines by special request of licensee in active military service or under armed services or federal contract requiring absence from the jurisdiction.

                I.             All licensees shall comply with the requirements of this regulation on or before July 1st of each year.

                J.             This rule supersedes all prior continuing education rules.

                K.            The board may recognize, upon application, a chiropractic association for the purpose of this part if the association:

                    (1)     has 100% voluntary membership as evidenced by a written affirmative request for membership;

                    (2)     has 100% of its membership which is licensed in New Mexico, in good standing as a chiropractic physician;

                    (3)     submits a copy of the association charter, by-laws and any similar association documents;

                    (4)     is organized for the express purpose of promoting good and ethical chiropractic practice.

                L.            The following seminars or continuing education programs meeting board criteria for advanced practice license renewal credit by the following entities shall be automatically approved:

                    (1)     grossman wellness center

                    (2)     heel, inc.

                    (3)     guna

                    (4)     American association of orthopedic medicine (AAOM)

                    (5)     hackett hemwall foundation

                    (6)     American academy of musculoskeletal medicine (AAMSM)

                    (7)     American academy of anti-aging and regenerative medicine (A4M)

                    (8)     apex energetics seminars

                    (9)     MSKUS; all seminars or educational programs that are provided by the above list of organizations shall be submitted to the board at least 30 days in advance of the start of the program whenever possible and shall include a syllabus of the course that includes a description of the program, the days and hours of the course, and the teaching faculty.

                M.           All approved and non approved entities, sponsoring institutions, or organizations that conform to the standards as set forth in Subsection C of 16.4.10.8 NMAC requesting approval of any seminar or continuing education program will be assessed a fee as set forth in Paragraph (4) of Subsection A of 16.4.1.13 NMAC.

[1/11/74; 10/23/86; 3/22/95; 11/16/97; 10/31/98; 1/29/99; 16.4.10.8 NMAC - Rn & A, 16 NMAC 4.10.8, 1/15/05; A, 3/15/06; A, 11/19/07; A, 3/31/09; A, 11/13/11; A, 8/20/12]

 

HISTORY OF 16.4.10 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

BCE 69-1, Board Rules and Regulations, Amendment No. 2, Adding Rules 11.00, 11.01, 11.02, 11.03 and 12.00, filed 12/12/73.

Rule 11-86, Continuing Education, filed 9/23/86.

Rule 11-95, Continuing Education, filed 2/20/95.

 

History of Repealed Material:  [RESERVED]

 

Other History:

Rule 11-95, Continuing Education (filed 2/20/95) was renumbered, reformatted and replaced by 16 NMAC 4.10, Continuing Education, effective 11/16/97.

16 NMAC 4.10, Continuing Education (filed 10/17/97) was renumbered, reformatted, amended and replaced by 16.4.10 NMAC, Continuing Education, effective 1/15/05.

 

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4        CHIROPRACTIC PRACTITIONERS

PART 11               FORFEITURE OF LICENSE

 

16.4.11.1               ISSUING AGENCY:  New Mexico Board of Chiropractic Examiners, PO Box 25101, Santa Fe, New Mexico 87504.

[16.4.11.1 NMAC - Rp, 16 NMAC 4.11.1, 1/30/15]

 

16.4.11.2               SCOPE:  All licensed chiropractic physicians.

[16.4.11.2 NMAC - Rp, 16 NMAC 4.11.2, 1/30/15]

 

16.4.11.3               STATUTORY AUTHORITY:  These rules of practice and procedure govern the practice of chiropractic in New Mexico and are promulgated pursuant to and in accordance with the Chiropractic Physician Practice Act, Section 61-4-14 NMSA 1978.

[16.4.11.3 NMAC - Rp, 16 NMAC 4.11.3, 1/30/15]

 

16.4.11.4               DURATION:  Permanent.

[16.4.11.4 NMAC - Rp, 16 NMAC 4.11.4, 1/30/15]

 

16.4.11.5               EFFECTIVE DATE:  January 30, 2015, unless a later date is cited at the end of a section.

[16.4.11.5 NMAC - Rp, 16 NMAC 4.11.5, 1/30/15]

 

16.4.11.6               OBJECTIVE:  To establish forfeiture procedures.

[16.4.11.6 NMAC - Rp, 16 NMAC 4.11.6, 1/30/15]

 

16.4.11.7               DEFINITIONS:  Refer to 16.4.1 NMAC.

[16.4.11.7 NMAC - Rp, 16 NMAC 4.11.7, 1/30/15]

 

16.4.11.8               DATE OF FORFEITURE:  The board will send a notice of forfeiture by July 31st of each year as set forth in Subsection B of 16.4.9.8 NMAC. If the application for renewal, including required information about continuing education and the annual and late fees, or request for inactive status is not received by September 1st of each year, the license shall be canceled and the licensee shall forfeit the right to practice chiropractic in the state of New Mexico. By the order of the board the forfeiture shall not be considered a disciplinary action against the licensee.

[16.4.11.8 NMAC - Rp, 16 NMAC 4.11.8, 1/30/15]

 

HISTORY OF 16.4.11 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

Rule 18-95, License Renewal Procedures, filed 2/20/95.

 

History of Repealed Material:

16 NMAC 4.11, Chiropractic Practitioners - Forfeiture Of License, filed 10-17-1997, repealed 1/30/2015.

 
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TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63     SOCIAL WORKERS

PART 16               CODE OF CONDUCT

 

16.63.16.1             ISSUING AGENCY:  Regulation and Licensing Department, Board of Social Work Examiners, P.O. Box 25101, Santa Fe, NM  87504.

[16.63.16.1 NMAC - Rp, 16.63.16.1 NMAC, 4/24/06]

 

16.63.16.2             SCOPE:  All baccalaureate social workers, master social workers, and independent social workers.

[16.63.16.2 NMAC - Rp, 16.63.16.2 NMAC, 4/24/06]

 

16.63.16.3             STATUTORY AUTHORITY:  These parts are promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1, 61-31-19 NMSA 1978.

[16.63.16.3 NMAC - Rp, 16.63.16.3 NMAC, 4/24/06]

 

16.63.16.4             DURATION:  Permanent

[16.63.16.4 NMAC - Rp, 16.63.16.4 NMAC, 4/24/06]

 

16.63.16.5             EFFECTIVE DATE:  April 24, 2006, unless a later date is cited at the end of a section.

[16.63.16.5 NMAC - Rp, 16.63.16.5 NMAC, 4/24/06]

 

16.63.16.6             OBJECTIVE:  To inform the licensees of the social work code of conduct.

[16.63.16.6 NMAC - Rp, 16.63.16.6 NMAC, 4/24/06]

 

16.63.16.7             DEFINITIONS:  [Reserved]

 

16.63.16.8             SOCIAL WORKERS' ETHICAL RESPONSIBILITIES TO CLIENTS:

                A.            Commitment to clients.  Social workers' primary responsibility is to promote the well being of clients.  In general, clients' interests are primary.  However, social workers' responsibility to the larger society or specific legal obligations may on limited occasions supersede the loyalty owed clients, and clients shall be so advised.  (Examples include when a social worker is required by law to report that a client has abused a child or has threatened to harm self or others.)

                B.            Self-determination.  Social workers respect and promote the right of clients to self-determination and assist clients in their efforts to identify and clarify their goals.  Social workers may limit clients' right to self-determination when, in the social workers' professional judgment, clients' actions or potential actions pose a serious, foreseeable, and imminent risk to themselves or others.

                C.            Professional disclosure statement.  A social worker shall effectively communicate through handout or other means as appropriate for all clients and may display at the social worker’s primary place of practice a statement that the client has the right to the following:

                    (1)     to expect that the social worker has met the minimal qualifications of education, training, and experience required by the law;

                    (2)     to examine public records maintained by the board which contain the social worker’s qualifications and credentials;

                    (3)     to be given a copy of the standards of practice upon request;

                    (4)     to report a complaint about the social worker’s practice to the board;

                    (5)     to be informed of the cost of professional services before receiving the services;

                    (6)     to privacy as allowed by law, and to be informed of the limits of confidentiality;

                    (7)     limited access to client information;  a social worker shall make reasonable efforts to limit access to client information in a social worker’s agency to appropriate agency staff whose duties require access;

                    (8)     supervision or consultation; a social worker receiving supervision shall inform the client that the