New
Mexico Register / Volume XXV, Number 1 / January 15, 2014
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 25 VETERINARY MEDICINE PRACTITIONERS
PART 7 FACILITY LICENSES
16.25.7.1 ISSUING AGENCY: New Mexico
Board of Veterinary Medicine.
[16.25.7.1 NMAC - Rp, 16.25.7.1 NMAC, 01-17-2014]
16.25.7.2 SCOPE: Applies to
all veterinary facilities in the state of New Mexico where, or out of which,
veterinary medicine, dentistry, and surgery are practiced.
[16.25.7.2 NMAC - Rp, 16.25.7.2 NMAC, 01-17-2014]
16.25.7.3 STATUTORY AUTHORITY: NMSA 1978,
Section 61-14-5(F) and (J).
[16.25.7.3 NMAC - Rp, 16 25.7.3 NMAC, 01-17-2014]
16.25.7.4 DURATION: Permanent.
[16.25.7.4 NMAC - Rp, 16.25.7.4 NMAC, 01-17-2014]
16.25.7.5 EFFECTIVE DATE: 01-17-2014
unless a later date is cited at the end of a section.
[16.25.7.5 NMAC - Rp, 16.25.7.5 NMAC, 01-17-2014]
16.25.7.6 OBJECTIVE: To establish
requirements for the licensing of veterinary facilities.
[16.25.7.6 NMAC - Rp, 16.25.7.6 NMAC, 01-17-2014]
16.25.7.7 DEFINITIONS: [RESERVED]
[16.25.7.7 NMAC - Rp, 16.25.7.7 NMAC, 01-17-2014]
16.25.7.8 FACILITY LICENSE
REQUIREMENTS:
A. General
Requirements.
Every facility in New
Mexico where the practice of veterinary medicine as defined in NMSA 1978,
Section 61-14-2, regularly occurs must possess a facility license issued by the
board of veterinary medicine.
(1) Failure to comply with this section may
result in disciplinary action by the board.
(2) All facility licenses expire, and renewals
are due, September 30 of each year.
(3)
A facility license cannot be issued without a physical facility.
(4) Licensee manager must maintain New Mexico
board of veterinary medicine minimum standards.
(5) A consulting veterinarian who provides
consulting services only, (with no hands on practice whatsoever) does not need
a facility license.
(6) A licensed veterinarian practicing in New
Mexico under a 60-day temporary permit issued by the board does not need a facility
license.
(7) A veterinarian working under the
jurisdiction of another DVM or licensee manager is not required to hold a
facility license.
B. One
facility license independent of type of facility must be maintained for medical
records and drug storage.
C. Licensee
manager or responsible DVM. Each
application for a facility license shall name the facility, facility owner, and
licensee manager or responsible DVM and shall include the licensee manager's
original signature.
(1) A facility owned by anyone other than a
veterinarian currently licensed to practice in New Mexico must have a New
Mexico licensed veterinarian as the licensee manager or responsible DVM who
will take full responsibility for maintaining minimum standards as stated in
board promulgated rules. The
responsibility shall include record keeping, controlled substances, and quality
of care at the facility.
(2) The licensee manager or responsible DVM is
the official holder of the facility's license.
(3) A facility's licensee manager or
responsible DVM must be:
(a) the individual
who oversees veterinary services at a facility currently in operation; and
(b) present at the
facility often enough to have knowledge of and control over the facility’s
methods for complying with minimum standards and the degree to which the
minimum standards are being met.
D. When
it is determined that the owner, licensee manager or responsible DVM, or
facility has violated any provisions of the Veterinary Practice Act or is in
violation of the rules promulgated by the board, the board may take disciplinary action as provided by the Veterinary Practice
Act.
[16.25.7.8 NMAC - Rp, 16.25.7.8 NMAC, 01-17-2014]
16.25.7.9 LICENSE FEES: A current
list of fees relating to licensure of facilities is also posted at the board’s
web site: www.nmbvm.org.
A. Fees shall include but may not be
limited to the following:
(1) initial facility
license - $125;
(2) annual license
renewal - $125; and
(3) late renewal
penalties:
(a) postal postmarked
after September 30 but no later than October 30 - $50;
(b) postal postmarked
after October 30 - $125; and
(c) administrative
penalties as may be determined by the board.
B. The
names of facilities with license renewals more than 30 days overdue are
presented to the board at the next regular board meeting for possible
disciplinary action by the board.
[16.25.7.9 NMAC - Rp, 16.25.7.9 NMAC, 01-17-2014]
16.25.7.10 FACILITY INSPECTIONS:
A. Regular
facility inspections. Each licensed
veterinary facility is inspected by the facility inspector every other calendar
year or at a frequency determined by the board.
The board conducts regular facility inspections to:
(1) ensure that every
licensed veterinary facility in New Mexico is operating according to the
minimum standards promulgated by the board of veterinary medicine;
(2) assist facilities
in achieving and maintaining minimum standards and to encourage the continuous
improvement of quality of services;
B. Corrective
actions.
(1) Plan of correction. When the facility inspector determines that a
licensed facility must make corrections to comply with minimum standards, the
facility inspector has authority from the board to:
(a) request the
facility's licensee manager or responsible DVM submit a written plan of
correction to facility inspector within a specified time frame; and
(b) follow up to
ensure that an appropriate plan of correction is submitted and that minimum
standards are maintained.
(c) the board will
begin the procedures set out in the Uniform Licensing Act to issue a notice of
contemplated action if a facility remains non-compliant after two notifications
from the facility inspector. Such board
action may result in revocation or suspension of licensure to practice in the
state.
(2) Re-inspections and consultation. For very serious and chronic violations of
the minimum standards, the facility inspector shall present those facilities to
the board to determine a formal plan of action which may require mandatory
re-inspections.
(a) For each mandatory re-inspection, the
board may charge an administrative fee of $500.
(b) For mandatory, individualized training
other than initial training provided at the time of the inspection when
violations are found, the board may charge the facility a consulting fee of $50
per hour for additional consultation not to exceed $500. On a case by case basis, the board may grant
credit hours toward the regular annual continuing education (CE) requirement to
the licensee manager and any other licensed associates for these types of
consultations.
(3) The board mandates re-inspections and
individualized training, with corresponding fees, only in cases of very serious
or continued violations not for new facilities undergoing their initial
inspections.
C. Voluntary
consultation.
(1) Upon request, the facility inspector
provides an initial professional courtesy inspection to assist a new facility
or new licensee manager in setting up a clinic.
(2) A facility’s licensee manager may arrange
for longer term, more intensive training, consultation, or assistance by the
facility inspector relating to specific areas of clinic operations, record
keeping or handling of controlled substances, etc., for a fee of $50 per hour
not to exceed $500. Arrangements shall
be approved by the board and coordinated through the board’s executive
director; and
(3) On a case by case basis, the board may
grant credit hours toward the regular annual CE requirement to the clinic's
licensee manager and any other licensed associates for voluntary consultations.
[16.25.7.10 NMAC - Rp, 16.25.7.10 NMAC, 01-17-2014]
HISTORY OF 16.25.7 NMAC:
Pre-NMAC History: The material in this part was derived from
that previously filed with the State Records Center:
BVE 92-7, Rules Governing
Veterinary Facilities, filed 5-22-92.
BVE 93-7, Rules Governing
Veterinary Facilities, filed 6-3-93.
History of Repealed Material:
16 NMAC 25.7, Facilities,
filed 5-17-96 - Repealed effective 9-1-00.
16.25.7 NMAC, Facility
Licenses, filed 8-2-00 - Repealed effective 01-17-14.