N.M. Admin. Code § 16.21.8.15 - WAIVER OF REQUIREMENTS
Waivers of the continuing education requirement may be considered for the following situations for licensees.
A. During periods of prolonged illness or
physical incapacity.
(1) For the purposes of
this rule, the duration of a prolonged illness or physical incapacity period
will be defined as longer than six months.
(2) Any licensee who wishes to apply for this
type of waiver of continuing education must submit in writing a letter
detailing the nature of the illness or incapacity and its probable duration.
The board will review this waiver request and allow the licensee or the
licensee's representative to attend board meeting to present evidence of
support of this waiver request and to speak to the board concerning the
petition for waiver. The burden shall be on the licensee to prove to the board
the necessity of the waiver. The decision of the board on the waiver shall be
final.
B. Any licensee
who believes that the licensee is entitled to a waiver of a continuing
education requirement for reasons of prolonged illness or physical incapacity
shall request such a waiver by sending the board a letter from his or her
physician setting out in detail the nature of the illness or incapacity and its
probable duration. The board shall notify the licensee in writing of the date
on which the application will be considered by the board. The licensee or the
licensee's representative may attend the meeting, present evidence on behalf of
a petition for waiver, and to speak to the board concerning the petition. The
burden shall be on the licensee to satisfy the board of the necessity of the
waiver. The decision of the board on the waiver shall be final.
C. Licensee 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 US during the renewal cycle, or apply in writing to the
board detailing reason for deferral of this requirement.
D. Applications for waiver under this section
must be filed as soon as the licensee has reason to believe that grounds for
the waiver exist.
Notes
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