New Mexico Register / Volume XXX,
Issue 9 / May 14, 2019
PUBLIC RULE
HEARING AND REGULAR BOARD MEETING
The
New Mexico Chiropractic Board will hold a rule hearing on Friday, June 21,
2019, at 10:00 a.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
Room.
The
purpose of the rule hearing is to consider a repeal and replacement of rules for
the Board which appear at 16.4.1 NMAC through 16.4.23 NMAC. The proposed rules and repeal and replacement
updates the Board’s existing rules including:
(1) correcting
grammatical and typographical errors and reformatting to improve organization
and provide uniformity for the application of the rules; (2) updating the Board’s name so that it comports with the name in
the Chiropractic Physician Practices Act; (3) amending
provisions applicable to all types of licensees; (4) updating the requirements for who can provide continuing
education certification for licensees, clarification of definitions; and (5) amending and providing
clarification for the reinstatement of lapsed licenses. The amendments, revisions and clarification
were made to the following rules:
16.4.1
- NMAC General Provisions
16.4.2
- NMAC Temporary Licensure
16.4.3
- NMAC Requirements for Licensure
16.4.4
- NMAC Licensure Without Examination
16.4.5
- NMAC Criteria for Determination of Equivalency to Council of Chiropractic
Education C.C.E.
16.4.6
- NMAC Examinations
16.4.7
- NMAC Impaired Practitioner Programs
16.4.8
- NMAC Disciplinary Proceedings
16.4.9
- NMAC License Renewal Procedures
16.4.10
- NMAC Continuing Education
16.4.11
- NMAC Forfeiture of License
16.4.12
- NMAC Classification of Chiropractic Licensure
16.4.13
- NMAC Reinstatement of Chiropractic Licensure
16.4.14
- NMAC Management of Medical Records
16.4.15
- NMAC Chiropractic Advanced Practice Certification Registry
16.4.16
- NMAC Parental Responsibility Act Compliance
16.4.17
- NMAC Supervision of Interns
16.4.18
- NMAC Practice Procedures
16.4.19
- NMAC Chiropractic Assistants
16.4.20
- NMAC Advertising
16.4.22
- NMAC Fees
16.4.23
- NMAC Licensure for Military Veterans, Spouses, And
Veterans
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/Chiropractic_Examiners_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 Nicolas Alderete, Board Administrator, via electronic mail
at:
Chiropractic.board@state.nm.us
or by regular mail at P.O. Box 25101, Santa Fe, NM 87504, no later than June
20, 2019. Persons will also be given the
opportunity to present their comments at the rule hearing. All public comment received prior to the
meeting will be posted on the board’s website.
An
individual with a disability who is in need of the reader, amplifier, qualified
sign language interpreter, or other form of auxiliary aid or service to attend
or participate in the hearing, please contact Nicolas Alderete, Board
Administrator at (505)-476-4622.
Statutory
Authority: NMSA 1978, Sections 61-4-1 to 61-4-17
Summary of
Proposed Changes:
16.4.1 NMAC,
16.4.2.1 NMAC, 16.4.3.1 NMAC, 16.4.4.1 NMAC, 16.4.5.1 NMAC, 16.4.6.1 NMAC,
16.4.7.1 NMAC, 16.4.8.1 NMAC, 16.4.9.1 NMAC, 16.4.10.1 NMAC, 16.4.11.1 NMAC,
16.4.12.1 NMAC, 16.4.13.1 NMAC, 16.4.14.1 NMAC 16.4.15.1 NMAC, 16.4.16.1 NMAC,
16.4.17.1 NMAC, 16.4.18.1 NMAC, 16.4.19.1 NMAC, 16.4.20.1 NMAC, 16.4.22.1 NMAC,
16.4.23.1 NMAC
The changes for the above renames the Issuing Agency from New Mexico Board of Chiropractic Examiners to New Mexico Chiropractic Board which is consistent with the title used in the Chiropractic Physician Practices Act.
16.4.1 NMAC - General
Provisions
No
new rules. Changes name of board to
comport with the statute and provides corrections to grammatical and
typographical errors and enumeration of statute Sections
16.4.2 NMAC -
Temporary Licensure
No
new rules. Changes name of board to
comport with the statute provides corrections to grammatical and typographical
errors.
16.4.3 NMAC -
Requirements for Licensure
Changes
name of the board to comport with the statue, provides corrections to
grammatical and typographical errors, and adds one new rule.
16.4.3.9 NMAC -
New Licensee Presentment to the Board
Adds
a provision to this rule that provides the Board the opportunity to meet the
newly licensed doctors of chiropractic and to instruct the new doctors of
chiropractic as to the role of the board and to impress upon the new doctors
the importance of knowing the rules/regulations under which they must practice.
16.4.4 NMAC -
Licensure Without Examination
No
new rules. Changes the
name of the Board to comport with the statute.
16.4.5 NMAC -
Criteria for Determination of Equivalency to Council of Chiropractic Education
C.C.E.
No
new rules. Changes name of board to
comport with statute.
16.4.6 NMAC -
Chiropractic Practitioners Examination
No
new rules. Changes name of board to comport
with the statute and corrects grammatical and typographical errors.
16.4.7 NMAC -
Impaired Practitioners Program
No
new rules. Changes name of board to
comport with the statute, corrects enumeration of statute Sections, and
corrects grammatical and typographical errors.
16.4.8 NMAC -
Disciplinary Proceedings
No
new rules. Changes name of board to
comport with the statute, corrects grammatical and typographical errors.
16.4.9 NMAC -
License Renewal Procedures
No
new rules. Changes name of board to
comport with the statute, corrects grammatical and typographical errors.
16.4.10 NMAC -
Continuing Education
16.4.10
Part 10 is repealed and replaced to provide updates and clarification regarding
the calculation of continuing education credit hours, approval of continuing
education courses, establishing continuing education requirements for new
licensees, and correcting any typographical and grammatical errors.
16.4.11 NMAC -
Forfeiture of License
No
new rules. Changes name of the board to comport with the statute and corrects
enumeration of a Subsection.
16.4.12 NMAC -
Classification of Chiropractic License
No
new rules. Changes name of the board to comport
with the statute, corrects typographical and grammatical errors and corrects
enumeration of Subsections.
16.4.13 NMAC -
Reinstatement of Chiropractic License
No
new rules. Changes name of board to comport
with the statute, corrects typographical and grammatical errors
and corrects enumeration of statute
Section.
16.4.14 NMAC -
Management of Medical Records
No
new rules. Changes name of board to
comport with the statute and corrects enumeration of a
statute subsection.
16.4.15 NMAC -
Chiropractic Advanced Practice Certification Registry
16.4.15
- Part 15 is repealed and replaced to provide updates to the board name to
comport with statute, provide updates and clarification regarding advanced
practice chiropractic certification requirements and reinstatement of licenses,
adds a new rule regarding the carry-over of continuing education credits,
provides for a consent form for any injections and corrects any typographical
or grammatical errors.
16.4.16 NMAC -
Parental Responsibility Act Compliance
No
new rules. Changes name of the board to comport
with the statute and corrects for enumeration of 40-5A-1 to 40-5A-13 NMSA.
16.4.17 NMAC -
Supervising Interns
No
new rules. Changes name of the board to
comport with the Statute, corrects typographical and grammatical errors and enumeration
of statute Sections.
16.4.18 NMAC -
Practice Procedures
Changes
name of the board to comport with the statute.
Additions to the procedures and the addition of the phrase “and
certified by programs approved by the board” X-ray was added to the list of
procedures as a diagnostic procedure.
NCV or needle EMG was added to clarify the different types of EMG that
may be used and the additional wording about certified programs approved by the
board is necessary to clarify the level of training required by the board.
16.4.19 NMAC -
Chiropractic Assistants
No
new rules. Changes name of the board to
comport with the statute, adds board address, corrects enumeration of statute Sections,
and corrects sentence in 16.4.19.6 to replace the word Physician with the word
assistant and the word of with by.
16.4.20 NMAC -
Advertising
No
new rules. Changes name of the board to
comport with the statute and
corrects typographical
and grammatical errors.
16.4.22 NMAC -
Fees
No
new rules. Changes name of the board to
comport with the statue and changes Enumerations of statue Sections.
16.4.23 NMAC -
Licensing for Military
No
new rules. Changes name of the board to
comport with the Statute.