TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 4 CHIROPRACTIC
PRACTITIONERS
PART 7 IMPAIRED
PRACTITIONER PROGRAMS
16.4.7.1 ISSUING
AGENCY: New Mexico Chiropractic Board, PO Box 25101,
Santa Fe, New Mexico 87504. [
[16.4.7.1
NMAC - Rp, 16.4.7.1 NMAC 8/10/2019]
16.4.7.2 SCOPE: All licensed
chiropractic physicians.
[16.4.7.2
NMAC - Rp, 16.4.7.2 NMAC 8/10/2019]
16.4.7.3 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, (Sections 61-4-1
through 17 NMSA 1978).
[16.4.7.3
NMAC - Rp, 16.4.7.3 NMAC 8/10/2019]
16.4.7.4 DURATION: Permanent.
[16.4.7.4
NMAC - Rp, 16.4.7.4 NMAC 8/10/2019]
16.4.7.5 EFFECTIVE
DATE: August 10, 2019, unless a later date is cited
at the end of a section.
[16.4.7.5
NMAC - Rp, 16.4.7.5 NMAC 8/10/2019]
16.4.7.6 OBJECTIVE: To clarify the
procedures identified in the Impaired Health Care Provider Act.
[16.4.7.6
NMAC - Rp, 16.4.7.6 NMAC 8/10/2019]
16.4.7.7 DEFINITIONS:
A. Impaired physicians programs is
defined as programs that protect the public and educate the chiropractic
physicians.
B. Programs may monitor, educate and
intercede in the prevention and treatment of chiropractic phyicians impaired or
at risk of impairment.
C. All impairment fees received shall
be designated for these programs.
[16.4.7.7
NMAC - Rp, 16.4.7.7 NMAC 8/10/2019]
16.4.7.8 COMPLAINTS: Anyone may
file a complaint with the board if they have reasonable cause to believe a
chiropractor is impaired by:
A. mental illness;
B. physical illness, including but not
limited to deterioration through the aging process or loss of motor skills;
C. habitual or excessive use or abuse
of drugs, as defined in the Controlled Substances Act; or
D. habitual or excessive use or abuse
of alcohol.
[16.4.7.8
NMAC - Rp, 16.4.7.8 NMAC 8/10/2019]
16.4.7.9 PROCESS: Complaints
received in the board office that allege impaired practice will be processed in
the following manner, unless there are exceptional circumstances which require
the board to consider the complaint without referral to the complaint committee
because of a potential threat to the health or safety of the licensee or
patients.
A. The complaint committee of the board
shall review the complaint to determine if the board has jurisdiction over the
matter and if the complaint may have merit.
B. The complaint committee may conduct
a preliminary investigation to determine if the allegations in the complaint
are supported by facts.
C. Upon completion of the review and or
investigation, the complaint committee shall submit its recommendations to the
board.
D. The
board shall determine if an examination to ascertain impaired practice is
required.
[16.4.7.9
NMAC - Rp, 16.4.7.9 NMAC 8/10/2019]
16.4.7.10 DISCIPLINARY ACTION: No action or
investigation or proceedings under the Impaired Health Care Provider Act
(61-7-1 through 12 NMSA 1978) precludes the board from investigating or acting
simultaneously, in its sole discretion, under the Chiropractic Physician
Practice Act (61-4-1 through 17 NMSA 1978).
[16.4.7.10
NMAC - Rp, 16.4.7.10 NMAC 8/10/2019]
History of 16.4.7 NMAC: 16.4.7 NMAC,
Impaired Practitioner Programs filed 12/15/2004, Repealed effective 8/10/2019.
Other History: 16.4.7 NMAC, Impaired Practitioner Programs
filed 12/15/2004 was replaced by 16.4.7 NMAC, Impaired Practitioner Programs
effective 8/10/2019.