TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 4 CHIROPRACTIC PRACTITIONERS
PART 10 CONTINUING EDUCATION
16.4.10.1 ISSUING AGENCY: New Mexico Chiropractic Board, PO Box 25101,
Santa Fe, New Mexico 87504.
[16.4.10.1 NMAC - Rp, 16.4.10.2 NMAC 8/10/2019]
16.4.10.2 SCOPE: All licensed chiropractic physicians.
[16.4.10.2 NMAC - Rp, 16.4.10.2 NMAC 8/10/2019]
16.4.10.3 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, Subsections F and G
of Section 61-4-3 NMSA 1978.
[16.4.10.3 NMAC - Rp, 16.4.10.3 NMAC 8/10/2019]
16.4.10.4 DURATION: Permanent.
[16.4.10.4 NMAC - Rp, 16.4.10.4 NMAC 8/10/2019]
16.4.10.5 EFFECTIVE DATE: August 10, 2019, unless a later date is cited
at the end of a section.
[16.4.10.5 NMAC - Rp, 16.4.10.5 NMAC 8/10/2019]
16.4.10.6 OBJECTIVE: To establish continuing education
requirements for chiropractic physicians to renew their licenses in the state
of New Mexico.
[16.4.10.6 NMAC - Rp, 16.4.10.6 NMAC 8/10/2019]
16.4.10.7 DEFINITIONS: (Refer to 16.4.1 NMAC).
[16.4.10.7 NMAC - Rp, 16.4.10.7 NMAC 8/10/2019]
16.4.10.8 CONTINUING EDUCATION:
A. In accordance with Section 61-4-3 NMSA
1978, New Mexico Chiropractic Physician Practice Act, chiropractic physicians
licensed in New Mexico are required to complete a minimum of 16 hours of board
approved continuing education annually by the time of license renewal. Credit
hours may be earned at any time during the annual reporting period, July 1
through June 30, immediately preceding annual renewal. Credit
hours are calculated as a “contact hour” i.e. a 60 minute hour.
B. Each chiropractor renewing a license
shall attest that they have obtained the required hours of continuing education
on the renewal form. The board will
select by random regulation and
licensing department (RLD)
computer processes, no less than ten percent of renewal applications for audit
to verify completion of acceptable continuing education. Audit requests will be included with the
renewal notice and those selected chiropractors will be asked to submit proof
of compliance with the continuing education requirements. The board may audit continuing education
records at any time. Continuing
education (CE) records must be maintained for three years following the renewal
cycle in which they are earned.
C. The board will approve continuing
education programs which in its determination, advance the professional skills,
risk management understanding and knowledge of the licensee that is directly
related to the practice of chiropractic art, science or philosphy. Practice building and self-motivational
courses, and courses that are determined not to have significant or a direct
relationship to the safe and effective practice of chiropractics; or such
portions of those programs or courses, may not be approved. There will be no charge to a licensee for
individual request for approval.
D. The board may determine that, in its
opinion, a particular course or area of professional education is of such
importance or addresses an area of special need as it pertains to public
protection that all licensees shall be required to take the course of study as
a part of or in addition to the CE requirements:
(1) the declaration of a mandatory course
must be made by a majority vote of the board at a regular scheduled meeting;
(2) the course title, approved
instructors (if appropriate), locations of course delivery or methods of
securing approved print or electronic presentations of the course must be
communicated to all licensed New Mexico chiropractors on or before September
1st of the year that the course is made mandatory;
(3) the mandatory nature of courses so
designated shall expire on June 30th of the current licensing year or the
determination must be renewed by a majority vote of the board at a regular
scheduled meeting and the extension of the mandatory nature communicated to all
active licensees on or before September 1st.
E. Seminars and continuing education programs that meet board criteria as
stated in Subsection C of 16.4.10.8 NMAC, will be
approved after a properly submitted application has been received and payment
of the assessed fee as set forth in Paragraph (4) of Subsection A of 16.4.1.13
NMAC. This includes the following:
(1) officiating during national board examinations shall be
credited to the professional members of the board as approved hours of
continuing education;
(2) those courses that have secured accreditation through the Federation of
Chiropractic Licensing Boards “FCLB” and carry the providers of approved
continuing education “PACE” designation;
(3) webinar, teleseminar, compact disc (CD), videotaped or audiotaped courses
produced or endorsed by approved entities may be accepted for continuing
education credit:
(a) the completion of such education shall be supported through
record keeping with a letter, memo or on a form approved by the board, that
includes the dates, times, vendors’ or presenters’ name/s, and total hours
claimed for each course;
(b) the licensee’s retained records must include the following
statement, “I swear or affirm that I viewed or listened to these continuing
education courses in their entirety on the dates and times specified in this
document”;
(c) a maximum of eight hours may be obtained through these
distance learning methods unless specific individual approval by the board is
obtained.
(4) Based
on the agreement set forth between the board and PACE, PACE approved courses
shall be required to submit to the board an application with the appropriate
assessed fee, but shall not be required to submit to the board the items listed
in Paragraphs (1) through (6) of Subsection F of 16.4.10.8 NMAC.
F. All entities, sponsoring
institutions, or organizations requesting approval of seminars or continuing
education programs must be submitted to the board office in writing by the
licensee or sponsoring entity must include:
(1) course title, objective and format;
(2) sponsoring entity;
(3) total class hours;
(4) method for certification of
attendance; or documentation of completion of program;
(5) instructors credentials; and
(6) courses that in the boards opinion enhance the professional practice procedures, risk management, clinical skills or the doctor’s ability to understand and operate within managed care guidelines and regulations will be considered for approval.
G. The board may waive or extend the
time for completion of the annual continuing education requirement if the
licensee has reached the age of 70 years or if the licensee files with the
board the statement of a licensed physician certifying the physical inability
of the licensee to attend a seminar.
H. Licensees serving in the United
States military practicing or residing outside the United States shall not be
required to fulfill the continuing education requirements for the period of the
absence.
(1) The board must be notified prior to
license expiration that the licensee will be outside the United States,
including the period of the absence.
(2) Upon return to the United States, the
licensee shall complete the continuing education required for the years of
practice within the United States during the renewal cycle, or apply for an
emergency deferral.
(3) All renewal fees shall be waived
while the licensee is practicing or residing outside the country serving in the
military or under armed services contract.
(4) The board may waive any and all
deadlines by special request of licensee in active military service or under
armed services or federal contract requiring absence from the jurisdiction.
I. Any excess continuing education hours that are above the minimum
educational requirement in any applicable compliance period may not be “carried
over” in order to meet the minimum educational requirements in any succeeding
compliance period. A licensee shall only
count continuing education hours completed for the present renewal period.
J. Any licensee licensed between March 1 and June 30, of a renewal year is
not required to submit continuing education credits for license renewal for
that renewal period. If the licensee has
been licensed for longer than four months before their first renewal period,
the licensee is required to meet all continuing education requirements as set forth in 16.4.10.8 NMAC
and if a licensee holds an advanced chiropractic certificate, the licensee is
required to meet the continuing education requirements in 16.4.15.10 NMAC.
K. All licensees shall comply with the requirements of this regulation on
or before July 1st of each year.
L. This rule supersedes all prior continuing
education rules.
M. Seminars or continuing education programs
meeting the board’s criteria as stated in Subsection C of 16.4.15.10 NMAC for
advanced practice continuing education shall be approved upon receipt of a
properly executed application and payment of the fees required in 16.4.22.8
NMAC:
N. All seminars or educational programs that are
provided for both doctors of chiropractic and advanced practice chiropractors
continuing education shall be submitted to the board for approval at least 90
days in advance of the start of the program whenever possible and shall meet
the requirements set forth in Paragraph (1) through (6) of Subsection F of 16.4.10.8
NMAC.
[16.4.10.8 NMAC - Rp, 16.4.10.8 NMAC 8/10/2019]
HISTORY OF 16.4.10 NMAC:
Pre-NMAC History: The material in this part was derived from
that previously filed with the State Records Center and Archives under:
BCE 69-1, Board Rules and Regulations, Amendment No. 2,
Adding Rules 11.00, 11.01, 11.02, 11.03 and 12.00, filed 12/12/1973.
Rule 11-86, Continuing Education, filed 9/23/1986.
Rule 11-95, Continuing Education, filed 2/20/1995.
History of Repealed
Material: 16.4.10 NMAC,
Continuing Education filed 7/20/2012, Repealed effective 8/10/2019.
Other History:
Rule 11-95, Continuing Education (filed 2/20/1995) was
renumbered, reformatted and replaced by 16 NMAC 4.10, Continuing Education,
effective 11/16/1997.
16 NMAC 4.10, Continuing Education (filed 10/17/1997)
was renumbered, reformatted, amended and replaced by 16.4.10 NMAC, Continuing
Education, effective 1/15/2005.
16.4.10
NMAC, Continuing Education filed 7/20/2012 was replaced by 16.4.10 NMAC,
Continuing Education effective 8/10/2019.