New Mexico Register / Volume XXXIII, Issue 6 / March 22, 2022

This is an amendment to 16.4.15 NMAC, Sections 8 and 10, effective 4/9/2022.

16.4.15.8 ADVANCED PRACTICE REGISTRATION GENERAL PROVISIONS: Advanced practice registration is authorized by [61-4-9.1(C) NMSA] Subsection C of 61-4-9.1 NMSA 1978 of the act and defined in 61-4-9.2 NMSA 1978 and allows the use of approved substances through injection for therapeutic purposes.

A. A chiropractic physician shall have the prescriptive authority to administer through injection and prescribe the compounding of substances that are authorized in the advanced practice formulary. Those with active registration are allowed prescription authority that is limited to the current formulary as agreed on by the New Mexico board of chiropractic examiners and as by statute, by the New Mexico board of pharmacy and the New Mexico medical board. The New Mexico board of chiropractic examiners shall maintain a registry of all chiropractic physicians who are registered in advanced practice and shall notify the New Mexico board of pharmacy of all such current registered licensees no later than September 1st of each licensing period.

B. Chiropractic physicians applying for registry shall submit to the board:

(1) documentation that the doctor has successfully completed a competency examination administered by a nationally recognized credentialing agency or after December 31, 2012 successfully completed a graduate degree in a chiropractic clinical practice specialty;

(2) documentation that the chiropractic physician has successfully completed 90 clinical and didactic hours of education provided by an institution approved by the New Mexico medical board and the New Mexico board of chiropractic examiners;

(3) an application provided by the board for registry of the advanced practice certification.

C. A chiropractic physician without advanced practice certification may administer, dispense and prescribe any natural substance that is to be used in an oral or topical manner so long as that substance is not considered a dangerous drug.

D. The board shall annually renew the advanced practice certification registration of a doctor of chiropractic medicine in good standing [who is registered in advanced practice] if the licensee has completed all continuing education required by 16.4.10 NMAC.

E. All advanced practice certification registrations shall automatically terminate when licensure as a doctor of chiropractic medicine:

(1) is placed [permissive temporary cancellation] on inactive status as stated in Paragraph (2) of Subsection A of 16.4.12.8 NMAC; or

(2) [expires as stated in 16.4.13.8 NMAC; or

(3)] is suspended, revoked or terminated for any reason as stated in [16.4.13.8 ] 16.4.8.10 NMAC; or

[(4)] (3) is not renewed prior to the annual renewal date (July 1).

F. [An advanced practice registration that is revoked or terminated shall not be reinstated. The chiropractic physician must reapply for expanded practice certification as a new applicant.] All advanced practice certification registrations that were automatically terminated pursuant to Subsection E of 16.4.15.8 NMAC shall be automatically reinstated when licensure as a chiropractic physician is reinstated, provided that:

(1) all fees required by 16.4.22.8 NMAC have been paid; and

(2) all continuing education requirements stated in Subsection C of 16.4.15.10 NMAC have been completed; and

(3) any other reinstatement provisions, required by board rule, have been completed.

G. [All advanced practice registrations that were automatically terminated due to inactive status, expiration or suspension as stated in 16.4.8.10 NMAC shall be automatically reinstated when licensure as a chiropractic physician is reinstated, provided that:

(1) all fees required by 16.4.1.13 NMAC have been paid; and

(2) all continuing education requirements stated in Subsection C of 16.4.15.10 NMAC have been completed; and

(3) any other reinstatement provisions, required by board rule, have been completed] An advanced practice registration that is suspended or revoked by the board for any reason listed under 16.4.8.10 NMAC, shall not be reinstated. The chiropractic physician must reapply for advanced practice certification registration as a new applicant.

H. Each year the board may review the advanced practice formularies for necessary amendments. When new substances are added to a formulary, appropriate education in the use of the new substances may be approved and required by the board for chiropractic physician applying for registration or as continuing education for renewal of the applicable advanced practice registration. All amendments to the formulary shall be made following consensus of the NM board of medicine, NM pharmacy board and the NM board of chiropractic examiners.

I. A chiropractic physician certified for advanced practice under 16.4.15.11 NMAC that includes the use of controlled substances shall register with the federal DEA (drug enforcement agency) prior to obtaining, prescribing, administering, compounding the controlled substance.

J. A chiropractic physician registered in advanced practice, when prescribing, shall use prescription pads printed with his or her name, address, telephone number, license number and his or her advanced practice certification. If a chiropractic physician is using a prescription pad printed with the names of more than one chiropractic physician the above information for each chiropractic physician shall be on the pad and the pad shall have a separate signature line for each chiropractic physician. Each specific prescription shall indicate the name of the chiropractic physician for that prescription and shall be signed by the prescribing chiropractic physician.

[16.4.15.8 NMAC - N, 3/31/2009; A, 7/23/2010; A, 1/30/15; A, 2/13/2015, A, 4/9/2022]

16.4.15.10 FEES, RENEWAL and CONTINUING EDUCATION:

A. A fee of $100 shall accompany the initial application. When that application is approved a fee of $100 shall be submitted for registry of the advanced practice certification.

B. A fee of $100 shall be assessed for all renewal applications, in addition to the standard fee for renewal of the chiropractic license.

C. Chiropractic physicians seeking renewal of advanced practice certification registration shall have completed 10 hours of continuing education, in addition to the required number of [CE] continuing education hours for the general chiropractic licensure, from an approved institution as stated in [16.4.15.8] 16.4.10 NMAC or as approved by [submission to] the board [for CE credited as stated in 16.4.15.8 NMAC.] The continuing education should include pharmacology, toxicology, medication administration or pharmacognosy appropriate to the current formulary and procedures authorized to be performed by the advanced practice chiropractic certification.

[16.4.15.10 NMAC - N, 3/31/2009; A, 1/30/2015, A, 4/9/2022]