PUBLIC RULE HEARING AND REGULAR BOARD MEETING
LEGAL NOTICE
The New Mexico Board of Podiatry will hold a rule hearing on Friday, March 29, 2019, at 1:30 p.m. Following the rule hearing, the Board will convene a board meeting to adopt the rules and take care of regular business. The rule hearing and board meeting will be held at the New Mexico Regulation and Licensing Department, 2550 Cerrillos Road, Santa Fe, NM, in the Rio Grande Conference Room.
The Board of Podiatry is proposing the following amendments listed below to the New Mexico Podiatry rules and regulations to correct and update language, definitions and requirements. The proposed amendments include changed provisions applicable to all types of licensees. The amendments are intended to update continuing medical education, clarify definitions and provide uniformity in the application of the following rules. The amendments to the following rules listed below will be achieved through a repeal and replacement:
16.21.1 NMAC - General Provisions
16.21.3 NMAC - License by Exam
16.21.4 NMAC - License by Reciprocity
16.21.5 NMAC - Temporary License and Emergency License
16.21.8 NMAC - Continuing Education
16.21.10 NMAC - Lapse of License and Reinstatement
16.21.11 NMAC - Disciplinary Proceedings
16.21.12 NMAC - Management of Medical Records
To obtain and review copies of the proposed changes and public comments, you may go to the Board’s website at: http://www.rld.state.nm.us/boards/Podiatry_Rules_and_Laws.aspx, or contact the Boards and Commissions Division at (505) 476-4622.
The Board is currently accepting public comments on the proposed amendments. Please submit written comments on the proposed changes to Roberta Perea, Board Administrator, via electronic mail at podiatryboard@state.nm.us, or by regular mail at P.O. Box 25101, Santa Fe, NM 87504, no later than Thursday, March 28, 2019. Persons will also be given the opportunity to present their comments at the rule hearing. All public comments received in the board office will be posted on the board’s website at: http://www.rld.state.nm.us/boards/Podiatry_Rules_and_Laws.aspx.
An individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or other form of auxiliary aid or service to attend or participate in the hearing, please contact Roberta Perea, Board Administrator at (505) 476-4622.
Statutory Authority: Legal authority for this rulemaking can be found in the Podiatry Act, Sections 61-8-1 through -17 NMSA 1978 (1977, as amended through 2015), which, among other provisions, specifically authorizes the Board to “adopt, publish and file, in accordance with the Uniform Licensing Act and the State Rules Act, all rules for the implementation and enforcement of the provisions of the Podiatry Act.” Paragraph (2) of Subsection E of Section 61-8-6 NMSA 1978. The Board also shall, “adopt and promulgate rules setting standards of preliminary and professional qualifications for the practice of podiatry,” Paragraph (10) of Subsection E of Section 61-8-6 NMSA 1978, and “determine by rule all qualifications and requirements for applicants seeking licensure as podiatrists or podiatric assistants,” Paragraph (12) of Subsection E of Section 61-8-6 NMSA 1978. The Board may adopt regulations regarding temporary licensure. See Subsection D of Section 61-8-8, NMSA 1978 (“A podiatrist duly licensed in another state may, on a temporary basis, consult, advise or cooperate in patient treatment with a podiatrist licensed in New Mexico, subject to rules adopted and promulgated by the board.”); and Subsection B of Section 61-8-14, NMSA 1978 (“In cases of emergency, as defined by board rule, the board may grant a temporary license to practice podiatry”). The Board may adopt rules regarding licensure by reciprocity. See Section 61-8-9, NMSA 1978.
Summary of Proposed Changes:
16.21.1.1 NMAC, 16.21.3.1 NMAC, 16.21.4.1 NMAC, 16.21.5.1 NMAC, 16.21.8.1 NMAC, 16.21.10.1 NMAC, 16.21.11.1 NMAC, 16.21.12.1
The changes for the above removed the word “NM” before “Board of Podiatry”, which is consistent with the title used in Podiatry Act.
16.21.1 NMAC - General Provisions
New “Board” definition was added for clarification throughout the document. A change to the “Scope of Practice” to bring increased clarification as to the anatomic location covered by the practice of podiatry. Also a change to “Responsibility of Licensee” adding “mailing” prior to address for clarification and “or email address” to update to current acceptable communication methods. “Public Records” and “Non-Public Records” were removed, In Republican Party v. N.M. Taxation & Revenue Dep’t, 2012-NMSC-026, 13, 283 P.3d 853, the New Mexico Supreme Court noted that the provision of the Inspection of Public Records Act that allows an agency to withhold public records “as otherwise provided by law” may include “regulatory bars to disclosure.” However, administrative rules only rarely provide an adequate justification to redact or withhold records. As noted in the Office of the New Mexico Attorney General’s Inspective of Public Records Act Guide, at 20 (8th ed. 2015), “In most cases, a regulation or ordinance, by itself, may not be used to deny access to public records.” Therefore, requests to inspect public records should be handled as provided by statute. Renumbering had to be made due to removing these sections.
16.21.3 NMAC - License by Exam
Updates have been made to the rule to align with current CPME residency training requirements. Clarifying the process for when applicants apply for licensure which will facilitate more expedient credentialing with hospitals and insurance plans.
16.21.3 NMAC - License by Exam; 16.21.5 NMAC - Temporary License and Emergency License; 16.21.8 NMAC - Continuing Education; 16.21.10 NMAC - Lapse of License and Reinstatement; 16.21.11 NMAC - Disciplinary Proceedings
Updating language to align rules with current board structure and expedite board processes.
16.21.4 NMAC - License by Reciprocity
Clarifying and updating rule language to align with current national testing requirements and practices. Also, updating language to align rules with current board practices and expedite board processes.
16.21.5 NMAC - Temporary License and Emergency License
Updating language and types of training programs that may be conducted in New Mexico. Clarifying temporary types of licenses. Removing redundant language and citing rules pertaining to temporary licenses. Updating language to align rules and expedite board processes.
16.21.8 NMAC - Continuing Education
Removing confusing language for clarification purposes. Updating language to align rules with current board structure and expedite board processes. Updating language and aligning process to current standards. Renumbering rules and updating syntax to be in correct format.
16.21.11 NMAC - Disciplinary Proceedings
Updating syntax, deleting unclear rule and renumbering.
16.21.12 NMAC - Management of Medical Records
Updating language, syntax and clarifying language
AGENDA
Podiatry: Members and Meetings
| Board Members |
Positions |
| Dr. Janet Simon |
Professional Member, Chair |
| Dr. David Schulhofer |
Professional Member |
| Dr. Joel Wilner |
Professional Member |
| Ms. Marie Sorensen |
Public Member |
| Mr. Frank Kunc |
Public Member |
2019 Board Meeting Agenda's and Minutes
March 29, 2019 Agenda
2018 Board Meeting Agenda's and Minutes
November 16, 2018 Agenda
August 10, 2018 Minutes
August 10, 2018 Meeting Agenda
January 26, 2018 Minutes
January 26, 2018 Board Meeting Agenda
2017 Board Meeting Agenda's and Minutes
April 28, 2017 - Regular Board Meeting Minutes
August 4, 2017 Regular Board Meeting Minutes
April 28, 2017 Board Meeting Agenda
August 4, 2017 Board Meeting Agenda
2016 Board Meeting Minutes
December 2, 2016 Rule Hearing
December 2, 2016 Regular Meeting Minutes
April 1, 2016 Regular Board Meeting Minutes
August 5, 2016 Regular Board Meeting Minutes
2015 Board Meeting Minutes
May 13, 2015 Regular Board Meeting Minutes
2014 Board Meeting Minutes
October 21,2014 Regular Board Meeting Minutes
May 23, 2014 Regular Board Meeting Minutes
2013 Board Meeting Minutes
December 16, 2013 Regular Board Meeting
June 10, 2013 Rule Hearing/Board Meeting
February 7, 2013 Regular Board Meeting
2012 Board Meeting Minutes
October 25, 2012 Regular Board Meeting
March 29, 2012 Regular Board Meeting
2011 Board Meeting Minutes
September 30, 2011 Regular Board Meeting
May 26, 2011 Regular Board Meeting
2010 Board Meeting Minutes
July 23, 2010 Regular Board Meeting
March 12, 2010 Regular Board Meeting