N.M. Code R. § 7.34.2.11 - ADVISORY BOARD RECOMMENDATION TO THE DEPARTMENT

A. Advisory board recommendation: Upon final determination the advisory board shall provide to the secretary a written report of finding, which recommends either the approval or denial of the petitioner's request. The written report of findings shall include a medical justification for the recommendation based upon the individual or collective expertise of the advisory board membership. The medical justification shall delineate between the findings of fact made by the advisory board and scientific conclusions of credible medical evidence.

B. Department final determination: The department shall notify the petitioner within 10 days of the secretary's determination. A denial by the secretary regarding the inclusion of a medical conditions, medical treatments or diseases to the existing list of debilitating medical conditions contained under the act shall not represent a permanent denial by the department. Any individual or association of individuals may upon good cause re-petition the advisory board. All requests shall present new supporting findings of fact, or scientific conclusions of credible medical evidence not previously examined by the advisory board.

Notes

N.M. Code R. § 7.34.2.11

7.34.2.11 NMAC - Rp, 7.34.2.11 NMAC, 12/30/2010 Amended by New Mexico Register, Volume XXVI, Issue 04, February 27, 2015, eff. 2/27/2015