TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4        CHIROPRACTIC PRACTITIONERS

PART 17               SUPERVISION OF INTERNS

 

16.4.17.1               ISSUING AGENCY:  New Mexico Chiropractic Board, PO Box 25101, Santa Fe, New Mexico 87504.

[16.4.17.1 NMAC - Rp 16 NMAC 4.17.1, 8/10/2019]

 

16.4.17.2               SCOPE:  All chiropractic physicians.

[16.4.17.2 NMAC - Rp 16 NMAC 4.17.2, 8/10/2019]

 

16.4.17.3               STATUTORY AUTHORITY:  These rules of practice and procedure govern the practice of chiropractic in New Mexico and are promulgated pursuant to and in accordance with the Chiropractic Physician Practice Act, Subsection F of Section 61-4-3 NMSA 1978.

[16.4.17.3 NMAC - Rp 16 NMAC 4.17.3, 8/10/2019]

 

16.4.17.4               DURATION:  Permanent.

[16.4.17.4 NMAC - Rp 16 NMAC 4.17.4, 8/10/2019]

 

16.4.17.5               EFFECTIVE DATE:  August 10, 2019, unless a later date is cited at the end of a section.

[16.4.17.5 NMAC - Rp 16 NMAC 4.17.5, 8/10/2019]

 

16.4.17.6               OBJECTIVE:  To establish requirements for supervising chiropractic physicians to safely train interns.

[16.4.17.6 NMAC - Rp 16 NMAC 4.17.6, 8/10/2019]

 

16.4.17.7               DEFINITIONS:  (Refer to 16.4.1 NMAC).

[16.4.17.7 NMAC - Rp 16 NMAC 4.17.7, 8/10/2019]

 

16.4.17.8               SUPERVISION OF INTERNS PRE AND POST:

                A.            The purpose for the intern program in New Mexico shall be to safely complete advanced training for the under graduate and graduate chiropractic intern in the areas including, but not limited to, history taking, exams, imaging procedures, proper shielding and radiation monitoring procedures and interpretation, patient report of findings, treatment recommendations, treatment room control, staff management, general clinic policies, problem solving skills, team concepts, goal setting, administrative skills, and other training the doctor may feel appropriate to complete the intern’s advanced chiropractic training.  This purpose enhances the professional training of the intern, the chiropractic college curriculum, the teaching skills of the doctor, the professional status of the profession of chiropractic and the professional standard of chiropractic health care available to New Mexico consumers.

                B.            Supervising doctor must have a current New Mexico license in “good standing” with the board and have been in active practice for at least three years.

                C.            Supervising doctor must have written verification from the college that intern or unlicensed graduate of a council on chriopractic education (CCE), or board approved equivalent thereof, accredited chiropractic college sanctioned intern program, and the doctor must assure compliance to the guidelines of the intern program.

                D.            Supervising doctor must personally train intern in chiropractic procedure.

                E.            Supervising doctor must be physically in the same building and immediately available in order for the intern to adjust any patient.

                F.            Public must be informed that the intern is an “intern chiropractor, not licensed in the state”, and must sign an informed consent document approved by the board to this effect.

                G.            The supervising doctor must consult with intern prior to the intern’s initial treatment of any patient.

                H.            Supervising doctor must continue to supervise progress of the patient and must personally treat the patient at least every third visit, or at any time there is a significant change in the patient’s condition.

                I.             Supervising doctor may allow intern to assist in various exams and therapies after being trained and cleared by the supervising doctor on proper chiropractic procedures.

                J.             The supervising doctor must inform the college and the board if the intern is deemed professionally incompetent in diagnosis or treatment or if the intern has other personal habits (alcoholism, drug addiction, moral turpitude, etc.) that would be unsafe for the public.

                K.            A supervising doctor may not supervise more than two interns at one time. The board must approve the training of more than four interns in any individual or group practice at the same time.

                L.            Supervising doctor must register with the New Mexico board of chiropractic examiners the interns’ names, the college they are from, and the term of the internship, and provide proof of malpractice insurance for the supervising doctor in minimum amount of $100,000 per person - $300,000 per occurrence coverage, at least 15 days before the first day of the internship.

                M.           Supervising doctor must sign an affadavit agreeing to abide by the rule as set forth in 16.4.17 NMAC.

                N.            The board is to be sent a copy of any regular report sent to the college involving the intern at the time the report is sent to the college.

[16.4.17.8 NMAC - Rp 16 NMAC 4.17.8, 8/10/2019]

 

16.4.17.9               CHIROPRACTIC INSURANCE CONSULTANTS AND PEER REVIEW CONTRACTORS:

                A.            Chiropractic insurance consultants and peer review contractors advise insurance companies, third-party administrators and other similar entities of New Mexico standards of:

                                (1)           recognized and accepted chiropractic services and procedures permitted by the New Mexico chiropractic statute, usual and customary practices and procedures and administrative rules; and

                                (2)           the propriety of chiropractic diagnosis and care.

                B.            All licensees who review chiropractic records for the purposes of determining the adequacy or sufficiency of chiropractic treatments, or the clinical indication for those treatments, shall notify the board annually that they are engaged in those activities and of the location where those activities are performed.

                C.            Any person or professional shall not hold themselves out as chiropractic insurance consultants or provide chiropractic peer review services unless they meet the following requirements:

                                (1)           hold a current chiropractic license in New Mexico;

                                (2)           have practiced chiropractic in the state of New Mexico during the immediately preceding five years;

                                (3)           are actively involved in a chiropractic practice during the term of employment as a chiropractic insurance consultant or peer review consultant; active practice includes but is not limited to maintaining an office location and providing clinical care to patients that comprises more than fifty percent of their total compensable work product.

[16.4.17.9 NMAC - Rp 16 NMAC 4.17.9, 8/10/2019]

 

HISTORY OF 16.4.17 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

Rule 13-92, Supervision of Interns, filed 4/2/1992.

 

History of Repealed Material:  16 NMAC 4.17, Supervision of Interns filed 12/15/2004 Repealed effective 8/10/2019.

 

Other History:

Rule 13-92, Supervision of Interns (filed 4/2/92) was renumbered, reformatted and replaced by 16 NMAC 4.17, Supervision of Interns, effective 11/16/1997.

16 NMAC 4.17, Supervision of Interns (filed 10/17/1997) was renumbered, reformatted, amended and replaced by 16.4.17 NMAC, Supervision of Interns, effective 1/15/2005.

16 NMAC 4.17, Supervision of Interns filed 12/15/2004 was replaced by 16.4.17 NMAC, Supervision of Interns effective 8/10/2019.