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F I S C A L I M P A C T R E P O R T

SPONSOR Lundstrum

ORIGINAL DATE

LAST UPDATED

1/20/2006

2/6/2006 HB 33/aHGUAC

SHORT TITLE Amend Chiropractic Physician Practice Act

SB

ANALYST McOlash

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of HGUAC Amendment

The House Government and Urban Affairs Committee amendment to HB 33 adds some clarify-

ing language for the “examination conducted by the national board of chiropractic examiners” in

place of the “national boards examination.”

The amendment deletes the immunity for civil damages or criminal prosecution for any board

member, investigator or representative appointed by the board or any other person who, in good

faith, provides a report, complaint, or testimony to the board (Section 5, C & D).

Synopsis of Original Bill

House Bill 33 amends certain sections of the Chiropractic Physician Practice Act regarding chi-

ropractic licensure evaluations, examinations, and revocations and adds sections on civil or

criminal liability in investigations. The bill also includes some standard editing primarily related

to noun and pronoun usage.

FISCAL IMPLICATIONS

None

House Bill 33/aHGUAC – Page 2

SIGNIFICANT ISSUES

Section 1 amends Section 61-4-3 NMSA 1978 to, among other minor modifications, remove the

requirement that the Chiropractic Board hold examinations at least twice a year.

Section 2 amends Section 61-4-4 NMSA 1978 to allow the Board to use the services of a profes-

sional background information service when evaluating applicants.

Section 3 amends Section 61-4-6 NMSA 1978 to allow the Board to waive the board-

administered examination upon proof of the satisfactory completion of the national examination.

Section 4 amends Section 61-4-7 NMSA 1978 combines the offices of the Board Secretary and

Treasurer.

Section 5 amends Section 61-4-10 NMSA 1978 allows the Board to censure, reprimand, fine or

place on probation and stipulation any licensee to the penalties of refusal to issue a license, the

suspension, or the revocation of a license. Section 5 also allows the Board to issue investigative

subpoenas and releases the Board, investigators, and witnesses from civil or criminal prosecu-

tion. The section also declares that all written and oral communications relating to disciplinary

actions are not public records until the Board acts on a complaint.

BMC/yr