SENATE BILL 70
54th legislature - STATE OF NEW MEXICO - first session, 2019
INTRODUCED BY
Cisco McSorley
AN ACT
RELATING TO PROFESSIONAL LICENSURE; AMENDING SECTIONS OF THE CHIROPRACTIC PHYSICIAN PRACTICE ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-4-2 NMSA 1978 (being Laws 1968, Chapter 3, Section 2, as amended) is amended to read:
"61-4-2. DEFINITIONS.--As used in the Chiropractic Physician Practice Act:
A. "advanced practice chiropractic certification registry" means a compendium kept by the board that meets and maintains the board's established credentials for certified advanced practice chiropractic physicians;
B. "board" means the chiropractic board;
[B.] C. "certified advanced practice chiropractic physician" means a chiropractic physician who has been included in the advanced practice chiropractic certification registry;
[C.] D. "chiropractic" means the science, art and philosophy of things natural, the science of locating and removing interference with the transmissions or expression of nerve forces in the human body by the correction of misalignments or subluxations of the articulations and adjacent structures, more especially those of the vertebral column and pelvis, for the purpose of restoring and maintaining health for treatment of human disease primarily by, but not limited to, adjustment and manipulation of the human structure. It shall include [but not be limited to] the prescribing and administering of all natural agents to assist in the healing act, such as food, water, heat, cold, electricity, mechanical appliances and medical devices; the selling of herbs, nutritional supplements and homeopathic remedies; the administering of a drug [by injection] in any of its forms by a certified advanced practice chiropractic physician; and any necessary diagnostic procedure, excluding invasive procedures, except as provided by the board by rule [and regulation]. It shall exclude operative surgery, the prescription or use of controlled or dangerous drugs and the practice of acupuncture;
[D. "board" means the chiropractic board;]
E. "chiropractic physician" includes doctor of chiropractic, chiropractor and chiropractic physician and means a person who practices chiropractic as defined in the Chiropractic Physician Practice Act; [and]
F. "chiropractic assistant" means a person who practices under the on-premises supervision of a licensed chiropractic physician; and
G. "licensee" means an individual licensed to practice as a chiropractic physician or as a certified advanced practice chiropractic physician."
SECTION 2. Section 61-4-9.1 NMSA 1978 (being Laws 2008, Chapter 44, Section 1) is amended to read:
"61-4-9.1. ADVANCED PRACTICE CHIROPRACTIC CERTIFICATION REGISTRY ESTABLISHED.--The board shall establish by rule the advanced practice chiropractic certification registry. A chiropractic physician authorized by the board to use the title "certified advanced practice chiropractic physician" shall have prescriptive authority for therapeutic and diagnostic purposes as authorized by statute. Only a chiropractic physician included in the advanced practice chiropractic certification registry may use the title of certified advanced practice chiropractic physician, and it is unlawful for a person to use the certified advanced practice chiropractic physician title unless the person is included in the advanced practice chiropractic certification registry. The advanced practice chiropractic certification registry shall include a chiropractic physician who applies for the designation and:
A. holds a chiropractic license in good standing;
B. has completed three years of post-graduate clinical chiropractic practice or equivalent clinical experience as established by the board;
C. has an advanced practice chiropractic certification by a nationally recognized credentialing agency providing credentialing and demonstrated competency by examination [and additionally, after December 31, 2012, successful completion of a graduate degree in a chiropractic clinical practice specialty];
D. has completed a minimum of ninety clinical and didactic contact course hours in pharmacology, pharmacognosy, medication administration and toxicology certified by an examination from an institution of higher education approved by the board and the New Mexico medical board; and
E. has completed annual continuing education for advanced practice chiropractic physicians as set by the board."
SECTION 3. Section 61-4-9.2 NMSA 1978 (being Laws 2008, Chapter 44, Section 2, as amended) is amended to read:
"61-4-9.2. CERTIFIED ADVANCED PRACTICE CHIROPRACTIC PHYSICIAN AUTHORITY DEFINED.--
A. A certified advanced practice chiropractic physician may prescribe, administer and dispense herbal medicines, homeopathic medicines, over-the-counter drugs, vitamins, minerals, enzymes, glandular products, protomorphogens, live cell products, gerovital, amino acids, dietary supplements, foods for special dietary use, bioidentical hormones, sterile water, sterile saline, sarapin or its generic, caffeine, procaine, oxygen, epinephrine and vapocoolants.
B. A formulary that includes all substances listed in Subsection A of this section, including compounded preparations for topical and oral administration, shall be developed and approved by the board. A formulary for injection that includes the substances in Subsection A of this section that are within the scope of practice of the certified advanced practice chiropractic physician shall be developed and approved by the board. [Dangerous drugs or controlled substances, drugs for administration by injection and substances] Any substance that is not listed in Subsection A of this section or in rules of the board shall be submitted to the board of pharmacy and the New Mexico medical board for approval."
SECTION 4. Section 61-4-13 NMSA 1978 (being Laws 1968, Chapter 3, Section 12, as amended) is amended to read:
"61-4-13. ANNUAL RENEWAL OF LICENSE--RENEWAL OF ADVANCED PRACTICE CERTIFICATION--FEE--NOTICE.--
A. [Any person licensed to practice chiropractic in this state, shall] On or before July 1 of each year, a licensee shall pay to the board an annual fee set by [regulation] rules of the board and shall submit proof of completion of continuing education requirements as [required] established by rules of the board. The board shall send written notice to every [person holding a license] licensee prior to June 1 of each year, directed to the last known address of the licensee, notifying [him] the licensee that it is necessary [for him] to pay the renewal fee as provided in the Chiropractic Physician Practice Act. [Proper] Forms required pursuant to rules of the board shall accompany the notice, upon which forms the licensee shall make application for the renewal of [his] the license to practice chiropractic or advanced practice certification. [The] A licensee is responsible for renewal of the licensee's license or advanced practice certification even if the licensee does not receive the renewal notice.
B. The board shall establish a schedule of reasonable fees for applications, licenses, renewals, placement or inactive status and administrative fees."
SECTION 5. Section 61-4-14 NMSA 1978 (being Laws 1968, Chapter 3, Section 13) is amended to read:
"61-4-14. FAILURE TO RENEW--CANCELLATION--REINSTATEMENT-- PERMISSIVE TEMPORARY CANCELLATION.--[Any]
A. A licensee who fails to comply with the requirements for licensure renewal as set forth in Section [12] 61-4-13 NMSA 1978 shall, upon order of the board, forfeit [his] the right to practice chiropractic in this state, and [his] the licensee's license and any certificates of renewal shall be [cancelled] canceled.
B. A certified advanced practice chiropractic physician who fails to comply with the requirements for renewal of advanced practice certification in accordance with Section 61-4-13 NMSA 1978 shall forfeit the right to practice as a certified advanced practice chiropractic physician in the state and the licensee's certification shall be canceled.
C. The board may reinstate [him] a license or advanced practice certification upon payment of all fees or penalties due and upon the presentation of evidence of attendance at educational programs as may be [provided] required by rules [and regulations] of the board. [Any person licensed to practice chiropractic in this state]
D. A licensee who desires to withdraw from active practice in this state may apply to the board for a temporary suspension of [his] the licensee's license or advanced practice certification with the right to renew and reinstate [his] the license or certification upon a showing that [he] the licensee has paid [his] the annual license or advanced practice certification renewal fee on or before [the first day of] July 1 of each year, provided that no suspension shall be granted for a period of less than one year."
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