ALLOW AURICULAR ACUPUNCTURE

SB0229

SENATE BILL 229

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Nicole Tobiassen

AN ACT

RELATING TO HEALTH CARE; ALLOWING PHYSICIANS TO PERFORM
AURICULAR ACUPUNCTURE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 61-14A-4 NMSA 1978 (being Laws 1993,
Chapter 158, Section 12) is amended to read:

"61-14A-4. LICENSE REQUIRED.--

A. Except as provided in Subsection B of this
section
, unless licensed as a doctor of oriental medicine
pursuant to
provisions of
the Acupuncture and Oriental Medicine
Practice Act, no person shall:

[
A.
]
(1)
practice acupuncture or oriental
medicine;

[
B.
]
(2)
use the title
of
or [
represent
himself
]
make any representation
as
being
a licensed doctor of
oriental medicine or use any other title, abbreviation,
letters, figures, signs or devices that indicate the person is
licensed to practice as a doctor of oriental medicine; or

[
C.
]
(3)
advertise, hold out to the public or
represent in any manner that [
he
]
the person
is authorized to
practice acupuncture [
and
]
or
oriental medicine.

B. A physician licensed pursuant to the Medical
Practice Act may practice auricular acupuncture to the extent
that the physician's auricular acupuncture practice is
consistent with the scope of practice authorized by the
physician's medical license.
"

SECTION 2.
Section 61-14A-4.1 NMSA 1978 (being Laws 2003,
Chapter 193, Section 1, as amended) is amended to read:

"61-14A-4.1. CERTIFIED AURICULAR DETOXIFICATION
SPECIALISTS, SUPERVISORS AND TRAINING PROGRAMS--FEES.--

A. A person who is not a doctor of oriental
medicine,
who is not a physician licensed pursuant to the
Medical Practice Act
or who is not a person certified as an
auricular detoxification specialist pursuant to the Acupuncture
and Oriental Medicine Practice Act shall not:

(1) practice auricular acupuncture for the
treatment of alcoholism, substance abuse or chemical
dependency;

(2) use the title of or represent as a
certified auricular detoxification specialist or use any other
title, abbreviation, letters, figures, signs or devices that
indicate that the person is certified to practice as an
auricular detoxification specialist; or

(3) advertise, hold out to the public or
represent in any manner that the person is authorized to
practice auricular detoxification.

B. The board shall issue an auricular
detoxification specialist certification to a person who has
paid an application fee to the board and has successfully
completed all board requirements. The board shall adopt rules
that require an applicant to:

(1) successfully complete the national
acupuncture detoxification association training or equivalent
training approved by the board that shall include clean needle
technique training;

(2) demonstrate experience in treatment,
disease prevention, harm reduction and counseling of people
suffering from alcoholism, substance abuse or chemical
dependency or become employed by a substance abuse treatment
program;

(3) complete a board-approved training program
that will include examinations on clean needle technique,
jurisprudence and other skills required by the board; and

(4) demonstrate a record free of convictions
for drug- or alcohol-related offenses for at least two
consecutive years before the person applied to the board for
certification.

C. A certified auricular detoxification specialist
is authorized to perform auricular acupuncture and the
application to the ear of simple board-approved devices that do
not penetrate the skin for the purpose of treating and
preventing alcoholism, substance abuse or chemical dependency.
The specialist shall use the five auricular point national
acupuncture detoxification procedure or auricular procedures
approved or established by rule of the board and shall only
treat or prevent alcoholism, substance abuse or chemical
dependency within a board-approved program that demonstrates
experience in disease prevention, harm reduction or the
treatment or prevention of alcoholism, substance abuse or
chemical dependency.

D. A person certified pursuant to this section
shall use the title "certified auricular detoxification
specialist" or "C.A.D.S." for the purpose of advertising
auricular acupuncture services to the public.

E. A certified auricular detoxification specialist
shall apply with the board to renew the certification. The
board shall for one year renew the certification of an
applicant who pays a renewal fee and completes the requirements
established by rule of the board. An applicant who does not
apply for renewal before the last date that the certification
is valid may be required to pay a late fee pursuant to a rule
of the board. The board shall deem a certification for which a
renewal has not been applied within sixty days of that date as
expired and an applicant that seeks valid certification shall
apply with the board for new certification. The board shall by
rule require an applicant for renewal of the certification to
demonstrate a record free of convictions for drug- or alcohol-related offenses for a minimum of one year prior to application
for renewal with the board.

F. A certified auricular detoxification specialist
shall practice under the supervision of a licensed doctor of
oriental medicine registered with the board as an auricular
detoxification specialist supervisor. A supervising doctor of
oriental medicine shall be accessible for consultation directly
or by telephone to a practicing auricular detoxification
specialist. The supervising doctor of oriental medicine shall
not supervise more specialists than permitted by board rule.
Supervision requirements shall be provided by rule of the
board.

G. A doctor of oriental medicine who supervises a
certified auricular detoxification specialist shall apply for
registration with the board. The board shall issue an
auricular detoxification specialist supervisor registration to
a doctor of oriental medicine who fulfills board requirements.
The board shall by rule require an applicant for registration
to list the certified auricular detoxification specialists that
will be supervised, pay an application fee for registration and
demonstrate clinical experience in treating or counseling
people suffering from alcoholism, substance abuse or chemical
dependency.

H. A training program that educates auricular
detoxification specialists for certification shall apply for
approval by the board. The board shall approve a training
program that fulfills the board requirements established by
rule and that pays an application fee. The approval shall be
valid until July 31 following the initial approval.

I. A training program that is approved by the board
to provide training for certification of auricular
detoxification specialists shall apply to renew the approval
with the board. The board shall renew the approval of a
program that fulfills board requirements established by rule,
and the renewal shall be valid for one year. An applicant who
does not renew before the last date that the renewed approval
is valid shall pay a late fee. The board shall deem a program
approval that is not renewed within sixty days of that date as
expired and a program that seeks board approval shall apply
with the board for new approval.

J. The board shall impose the following fees:

(1) an application fee not to exceed one
hundred fifty dollars ($150) for auricular detoxification
specialist certification;

(2) a fee not to exceed seventy-five dollars
($75.00) for renewal of an auricular detoxification specialist
certification;

(3) an application fee not to exceed two
hundred dollars ($200) for registration of a certified
auricular detoxification specialist supervisor;

(4) an application fee not to exceed two
hundred dollars ($200) for the approval of an auricular
detoxification specialist training program;

(5) a fee not to exceed one hundred fifty
dollars ($150) for the renewal of the approval of an auricular
detoxification training specialist training program; and

(6) a late fee not to exceed fifty dollars
($50.00) for applications for renewal filed after the last
valid date of a registration, certification, approval or
renewal issued pursuant to this section.

K. In accordance with the procedures set forth in
the Uniform Licensing Act, the board may deny, revoke or
suspend any certification, registration, approval or renewal
that a person holds or applies for pursuant to this section
upon findings by the board that the person violated any rule
established by the board."

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