The board has the power to:

1. A. enforce the provisions of the Acupuncture and Oriental Medicine Practice Act;
2. B. promulgate, in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], all rules necessary for the implementation and enforcement of the provisions of the Acupuncture and Oriental Medicine Practice Act;
3. C. adopt a code of ethics;
4. D. adopt and use a seal;
5. E. inspect facilities of approved educational programs, extern programs and the offices of licensees;
6. F. promulgate rules implementing continuing education requirements for the purpose of protecting the health and well-being of the citizens of this state and maintaining and continuing informed professional knowledge and awareness; and

7. G. in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978]:

   1. (1) issue investigative subpoenas for the purpose of investigating complaints against licensees prior to the issuance of a notice of contemplated action;
   2. (2) administer oaths and take testimony on any matters within the board's jurisdiction;
   3. (3) conduct hearings upon charges relating to the discipline of licensees, including the denial, suspension or revocation of a license; and
   4. (4) grant, deny, renew, suspend or revoke licenses to practice acupuncture and oriental medicine or grant, deny, renew, suspend or revoke approvals of educational programs and extern programs for any cause stated in the Acupuncture and Oriental Medicine Practice Act or the rules of the board.

History: 1978 Comp., § 61-14A-8, enacted by Laws 1993, ch. 158, § 16; 2000, ch. 53, § 5; 2003, ch. 408, § 21; 2022, ch. 39, § 59.

ANNOTATIONS

Repeals and reenactments. — Laws 1993, ch. 158, § 16 repealed former 61-14A-8 NMSA 1978, as enacted by Laws 1981, ch. 62, § 8, relating to funds and fees, and enacted the above section, effective June 18, 1993.

The 2022 amendment, effective May 18, 2022, clarified that the board of acupuncture and oriental medicine is required to follow the provisions of the State Rules Act when promulgating rules and is required to follow the provisions of the Uniform Licensing Act for licensing and disciplinary matters; in Subsection B, deleted "adopt, publish and file" and added "promulgate", and after "in accordance with", deleted "Uniform Licensing Act and"; and in Subsection G, added "in accordance with the Uniform Licensing Act", and redesignated former Subsections H through J as Paragraphs G(2) through G(4), respectively, in Paragraph G(3), after "revocation of a license", deleted "in accordance with the Uniform Licensing Act", and in Paragraph G(4), after "extern programs", deleted "in accordance with the provisions of the Uniform Licensing Act".

The 2003 amendment, effective July 1, 2003, deleted "In addition to any authority provided by law" at the beginning of the first paragraph; and deleted former Subsection G, concerning employment of professional and clerical assistance, and redesignated the subsequent subsections accordingly.

The 2000 amendment, effective May 17, 2000, deleted "and regulations" following "rules" in Subsections B and K, substituted "facilities of approved educational programs, extern programs" for "institutes, tutorships" in Subsection E, substituted "such professional and clerical assistance as necessary to carry out the powers and duties of the board" for "agents and attorneys" in Subsection G, and inserted "or grant, deny, renew, suspend or revoke approvals of educational programs and extern programs" in Subsection K.