New Mexico Register / Volume XXXII, Issue 23 / December 14,
2021
PUBLIC RULE
HEARING AND REGULAR BOARD MEETING
The
New Mexico Chiropractic Board will hold a rule hearing on Tuesday, January 21,
2022, at 10:00 a.m. Following the rule
hearing, the Board will convene a board meeting to consider adoption of the
rules and address regular business. The
rule hearing and board meeting will be held virtually via Cisco Webex Meetings.
Event
address for attendees: https://nmrld.webex.com/mw3300/mywebex/default.do?siteurl=nmrld&service=6
Event
number: 2483 797 3849
Event
password: KCfeumB44V5
To
join the meeting by phone, please call:
United
States Toll
+1-415-655-0002
Access
code: 2483 797 3849
The
purpose of the rule hearing is to consider proposed amendments to the following
rules:
16.4.8
NMAC – Disciplinary Proceedings
16.4.13
NMAC – Reinstatement of Chiropractic Licensure
16.4.15
NMAC – Chiropractic Advanced Practice Certification Registry
16.4.22
NMAC – Fees
16.4.23
NMAC – Licensure for Military Service Members, Spouses and Veterans
The
amendments to 16.4.8 NMAC are intended to incorporate the legislative changes
to the Uniform Licensing Act (“ULA”), NMSA 1978, Section 61-1-36, which
requires each board, among other things, to “promulgate and post on the board’s
website rules relating to licensing requirements to list the specific criminal
convictions that could disqualify an applicant from receiving a license on the
basis of a previous felony conviction.”
The
amendments to 16.4.23 NMAC is to incorporate the 2021 legislative changes to
the ULA, Section 61-1-34, as mandated by HB 120 which relates to expedited
licensure for military service members, their spouses, their dependent children
and for veterans.
The
amendments to 16.4.13 NMAC, 16.4.15 NMAC and 16.4.22 NMAC are intended to
comply with the provisions of the Chiropractic Physician Practice Act, NMSA
1978, Sections 61-4-1 through -17, and to clarify and reorganize existing
provisions.
To
obtain and review copies of the proposed changes you may go to the Board’s
website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/chiropractic-board/cb-laws-rules-and-policies/,
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 Monday, January 20, 2022. Persons will also be given the opportunity to
present their comments at the rule hearing.
All written comments will be posted to the Board’s website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/chiropractic-board/cb-laws-rules-and-policies/,
no more than three business days following receipt to allow for public view.
An
individual with a disability who is in need of a 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: The Chiropractic Physician Practice Act,
Section 61-4-3(F), among other provisions, specifically authorizes the Board to
“promulgate and file in accordance with the State Rules Act [Chapter 14,
Article 4 NMSA 1978], all rules and regulations necessary for the
implementation and enforcement of the Chiropractic Physician Practice Act,
including educational requirements for a chiropractic assistant.”
Summary of Proposed Changes:
In
addition to making minor clarification changes, the proposed rules are
summarized as detailed below.
16.4.8
NMAC – Disciplinary Proceedings
The
amendments to this part add a new section to the rule so that it is in
compliance with the 2021 legislative changes made under SB2. The proposed amendments to this rule
establish which criminal felony convictions directly relate to the employment
or profession of chiropractic that may disqualify an applicant or licensee from
holding a license. The proposed
amendment also defines how the conviction may and/or may not be used when
reviewing an application for licensure or for violation of the Board’s statute
or rules by a current licensee.
16.4.13
NMAC – Reinstatement of Chiropractic Licensure
The
amendments to this part add a subparagraph F which clarifies that reinstatement
of automatically terminated advance practice certification registrations must
meet requirements established under Subsection G of 16.4.15.8 NMAC.
16.4.15
NMAC – Chiropractic Advanced Practice Certification Registry
The
amendments to this part are intended to provide clarification regarding when an
advance practice certification registration automatically terminates, the
requirements that must be met to have an automatically terminated registration
reinstated and when an advance practice certification cannot be
reinstated. Additional amendments to
this part include adopting the consistent use of the term “advance practice
certification” and correcting any typographical or grammatical errors.
16.4.22
NMAC – Fees
The
amendments to this section clarifies the amount of fees that paid by those entities
or organizations who submit more than ten (10) continuing education seminars
for approval to the Board. The
amendments also reorganize and create new subheadings which provide fluidity
and clarity for administrative/licensing fees.
16.4.23
NMAC – Licensure for Military Service Members, Spouses and Veterans
The amendments to this part includes new
language so that the rule is in compliance with the 2021 legislative change
regarding HB120 Military Spouses Expedited Licensure. The proposed amendments changes the time for
approving an application for license from sixty days to thirty days and removes
"recent" from the definition of veteran. The rule also sets out application and
renewal requirements.