New Mexico Register / Volume XXXIII,
Issue 6 / March 22, 2022
TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 4 CHIROPRACTIC PRACTITIONERS
PART 8 DISCIPLINARY PROCEEDINGS
16.4.8.1 ISSUING AGENCY: New Mexico Chiropractic Board, PO Box 25101, Santa Fe, New Mexico 87504.
[16.4.8.1 NMAC - Rp, 16.4.8.1 NMAC 4/9/2022]
16.4.8.2 SCOPE: The provisions of 16.4.8 NMAC apply to all active license holders and applicants for licensure. These provisions may also be of interest to anyone who may wish to file a complaint against a chiropractor licensed by the board.
[16.4.8.2 NMAC - Rp, 16.4.8.2 NMAC 4/9/2022]
16.4.8.3 STATUTORY AUTHORITY: 16.4.8 NMAC is promulgated pursuant to the Chiropractic Physician Practice Act, Section 61-4-10 NMSA 1978 and the Uniform Licensing Act, 60-1-1 through -36 NMSA 1978.
[16.4.8.3 NMAC - Rp, 16.4.8.3 NMAC 4/9/2022]
16.4.8.4 DURATION: Permanent.
[16.4.8.4 NMAC - Rp, 16.4.8.4 NMAC 4/9/2022]
16.4.8.5 EFFECTIVE DATE: April 9, 2022, unless a later date is cited at the end of a section.
[16.4.8.5 NMAC - Rp, 16.4.8.5 NMAC 4/9/2022]
16.4.8.6 OBJECTIVE: To establish the procedures for filing complaints against licensees and applicants, the disciplinary actions available to the board, the authority to issue investigative subpoenas and to further define actions by a licensee which are considered incompetent or unprofessional practice.
[16.4.8.6 NMAC - Rp, 16.4.8.6 NMAC 4/9/2022]
16.4.8.7 DEFINITIONS: [RESERVED]
16.4.8.8 COMPLAINTS: Disciplinary proceedings may be instituted by sworn complaint of any person, including members of the board and complaint/review committee. Any hearing held pursuant to the complaint shall conform to the provisions of the Uniform Licensing Act, the Chiropractic Physician Practice Act, and the Impaired Practitioners Act.
[16.4.8.8 NMAC - Rp, 16.4.8.8 NMAC 4/9/2022]
16.4.8.9 ACTIONS:
A. The board may penalize, deny, revoke, suspend, stipulate, or otherwise limit a license if the board determines the licensee is guilty of violating any of the provisions of the Chiropractic Physician Practice Act, the Uniform Licensing Act, the Impaired Healthcare Care Providers Act, these Rules, or discipline imposed by other governing bodies.
B. The board may reprimand, censure, or require licensees to fulfill additional continuing education hours within limited time constraints for violations of the act or rules.
C. The board may at its discretion hire investigators to investigate complaints made to the board regarding chiropractic physicians.
D. Licensees shall bear all costs of disciplinary proceedings unless exonerated.
[16.4.8.9 NMAC - Rp, 16.4.8.9 NMAC 4/9/2022]
16.4.8.10 GUIDELINES: The
board shall use the following as guidelines for disciplinary action.
A. “Gross incompetence” or “gross
negligence” means, but shall not be limited to, a significant departure from
the prevailing standard of care in treating patients.
B. “Unprofessional conduct” means, but is
not limited to because of enumeration:
(1) performing,
or holding oneself out as able to perform, professional services beyond the
scope of one’s license and field or fields of competence as established by
education, experience, training, or any combination thereof. This includes, but
is not limited to, the use of any instrument or device in a manner that is not
in accordance with the customary standards and practices of the chiropractic
profession;
(2) representing
to a patient that a manifestly incurable condition or sickness, disease or
injury can be cured;
(3) willfully
or negligently divulging a professional confidence;
(4) failure
to release to a patient copies of that patient’s records and x-rays;
(5) failure
to seek consultation whenever the welfare of the patient would be safeguarded
or advanced by consultation with individuals having special skills, knowledge,
and experience;
(6) failure
of a chiropractor to comply with and following advertising guidelines as set in
16.4.1.12 NMAC;
(7) failure
to use appropriate infection control techniques and sterilization procedures;
(8) deliberate
and willful failure to reveal, at the request of the board, the incompetent,
dishonest, or corrupt practices of another chiropractor licensed or applying
for licensure by the board;
(9) accept
rebates, or split fees or commissions from any source associated with the
service rendered to a patient;
(10) intentionally
engaging in sexual contact with a patient other than his spouse during the
doctor-patient relationship;
(11) the
use of a false, fraudulent or deceptive statement in any document connected
with the practice of chiropractic;
(12) fraud,
deceit or misrepresentation in any renewal or reinstatement application;
(13) violation
of any order of the board, including any probation order;
(14) failure
to adequately supervise, as provided by board regulation, a chiropractic
assistant or technician who renders care as a chiropractic assistant under
16.4.19 NMAC of these rules;
(15) cheating
on an examination for licensure;
(16) is
habitually intemperate or is addicted to the use of habit-forming drugs or is
addicted to any vice to such a degree as to render him unfit to practice
chiropractic;
(17) is
guilty of failing to comply with any of the provisions of the Chiropractic
Physician Practice Act (Chapter 61, Article 4 NMSA 1978) or rules and
regulations promulgated by the board and filed in accordance with the State
Rules Act (Chapter 14, Article 4 NMSA 1978);
(18) has
been declared mentally incompetent by regularly constituted authorities or is
manifestly incapacitated to practice chiropractic;
(19) has
incurred a prior suspension or revocation in another state where the suspension
or revocation of a license to practice chiropractic was based upon acts by the
licensee similar to acts described in this section and by board rules;
(20) failure
to report to the board within 90 days any adverse action taken after due
process has been afforded to the licensee by:
(a) another
licensing jurisdiction;
(b) any
health care entity, not involving disputes over fees;
(c) any
governmental agency, not involving disputes oversees;
(d) any
court for acts or conduct similar to acts or conduct that would constitute
grounds for action as defined in this section.
(21) failure
to furnish the board, its investigators or representatives with information
requested by the board;
(22) abandonment
of patients;
(23) providing a false, materially incomplete, factually unsupported opinion or opinions which are not congruent with current teachings and standards of care as taught in CCE accredited chiropractic colleges in a peer review, records review, independent medical examination, or chiropractic examination.
[16.4.8.10 NMAC - Rp, 16.4.8.10 NMAC 4/9/2022]
16.4.8.11 COMPLAINT/REVIEW COMMITTEE: The complaint/review committee of the board is authorized to:
A. carry out the instructions of the board in the investigation and processing of complaints against licensees.
B. disciplinary actions taken by the board shall be reported as required to the following entities:
(1) national practitioner databank-healthcare integrity and protection databank “NPDB-HIPD”;
(2) federation of chiropractic licensing boards “FCLB”;
(3) or their successors.
[16.4.8.11 NMAC - Rp, 16.4.8.11 NMAC 4/9/2022]
16.4.8.12 DISQUALIFYING
CRIMINAL CONVICTIONS: A
“disqualifying criminal conviction” means a conviction for a crime that is
job-related for the position in question and consistent with business
necessity. Convictions for any of the
following offense, or their equivalents in any other jurisdiction, are
disqualifying criminal convictions that may disqualify an applicant from
receiving or retaining a license or certificate by the board:
A. Physical Harm to Others:
(1) Section 30-2-1 NMSA 1978, “Murder”.
(2) Section 30-2-3 NMSA 1978, “Manslaughter”.
(3) Section 30-3-1 NMSA 1978, “Assault”.
(4) Section 30-3-4 NMSA 1978, “Battery”.
(5) Section 30-6-1 NMSA 1978, “Abandonment or abuse of a child”.
(6) Section 30-4-1 NMSA 1978, “Kidnapping”.
(7) Section 30-4-3 NMSA 1978, “False imprisonment”.
(8) Section 30-9-19, NMSA 1978, “Sexual assault”.
(9) Section 30-47-4 NMSA 1978, “Abuse of a care facility resident”.
(10) Section 30-47-5 NMSA 1978, “Neglect of a care facility resident”.
B. Property Damage:
(1) Section 30-15-1 NMSA 1978, “Criminal damage to property”.
(2) Section 30-7-5 NMSA 1978, “Dangerous use of explosives”.
(3) Section 30-15-1.1 NMSA 1978, “Unauthorized graffiti on personal or real property.
(4) Section 30-17-5 NMSA 1978, “Arson and negligent arson”.
C. Fraud:
(1) Section 30-16-6 NMSA 1978, “Fraud”.
(2) Section 7-1-73 “NMSA 1978, Tax fraud”.
(3) Sections 59A-16C-1 to -17 NMSA 1978, , violations of the Insurance fraud act.
(4) Section 30-28-2 “NMSA 1978, Conspiracy”.
(5) Section 30-44-4 NMSA 1978, “Falsification of documents” under the Medicaid Fraud Act.
(6) Section 30-44-5 NMSA 1978, “Failure to retain records in connection with the Medicaid Fraud Act”.
(7) Section 30-44-6 NMSA 1978, “Obstruction of Investigation in connection with the Medicaid Fraud Act”.
(8) Section 30-44-7 NMSA 1978, “Medicaid fraud”.
(9) Section 30-51-4 NMSA 1978, “Money laundering”.
D. Theft:
(1) Section 30-14-8 NMSA 1978, “Breaking and entering”.
(2) Section 30-16-1 NMSA 1978, “Larceny”.
(3) Section 30-16-2 “NMSA 1978, Robbery”.
(4) Section 30-16-3 NMSA 1978, “Burglary”.
(5) Section 30-16-20 NMSA 1978, “Shoplifting”.
(6) Section 30-16-24.1 NMSA 1978, “Theft of identity”.
(7) Section 30-16-26 NMSA 1978, “Theft of a credit card”.
(8) Section 30-16-11 NMSA 1978, “Receiving stolen property”.
(9) Section
30-47-6 NMSA 1978, “Exploitation
of a care facility resident’s property”.
E. Financial Crimes:
(1) Section 30-16-8 NMSA 1978, “Embezzlement”.
(2) Section 30-16-9 NMSA 1978, “Extortion”.
(3) Section
30-16-10 NMSA 1978, “Forgery”.
(4) Section 30-41-1 NMSA 1978, “Soliciting and receiving illegal kickbacks”.
(5) Section
30-42-4 NMSA 1978, “Racketeering”.
F. Drug Offenses:
(1) Section 30-31-20 NMSA 1978, “Trafficking of controlled substances”.
(2) Section
30-31-21 NMSA 1978, “Distribution
to a minor”.
(3) Section
30-31-22 NMSA 1978, “Intentionally
distributing or possessing with intent to distribute a controlled substance.
(4) Section
30-31-23 NMSA 1978, “Possession
of controlled substances”.
(5) Section 30-31-24 NMSA 1978, “Violations of the administrative provisions of the Controlled
Substances Act”.
(6) Section
30-31-25 “NMSA 1978, Engaging
in other acts prohibited by the Controlled Substances Act”.
(7) Section
30-31-25.1 NMSA 1978, “Delivering
drug paraphernalia to a person under eighteen years of age and who is at least
three years the person’s junior”.
(8) Section
30-31A-4 NMSA 1978, “Manufacturing,
distributing or possessing with intent to distribute an imitation controlled
substance”.
(9) Section
30-31A-5 NMSA 1978, “Intentionally
selling an imitation controlled substance to a person under the age of eighteen
years”.
(10) Section
30-31A-6 NMSA 1978, “Intentionally
possessing an imitation controlled substance with the intent to distribute”.
(11) Section
30-31B-12 NMSA 1978, “Certain
violations of the Drug Precursor Act”.
(12) Section
30-6-3 NMSA 1978, “Contributing
to the delinquency of a minor”.
G. Sex Crimes:
(1) Section
30-37A-1 NMSA 1978, “Unauthorized
distribution of sensitive images”.
(2) Section
30-37-3.2 NMSA 1978, “Child
solicitation by electronic communication device”.
(3) Section
30-37-3.3 NMSA 1978, “Criminal
sexual communication with a child”.
(4) Section,
30-52-1 NMSA 1978, “Human
trafficking”.
(5) Section
30-9-11 NMSA 1978, “Criminal
sexual penetration”.
(6) Section
30-9-12 NMSA 1978, “Criminal
sexual contact”.
(7) Section
30-9-13 NMSA 1978, “Criminal
sexual contact of a minor”.
(8) Section
30-9-14.3 NMSA 1978, “Aggravated
indecent exposure”.
(9) Section
30-6A-3 NMSA 1978, “Sexual
exploitation of children”.
(10) Section
30-6A-4 NMSA 1978, “Sexual
exploitation of children by prostitution”.
(11) Subsection
P of Section 29-11A-4 NMSA 1978, “Failure
to register as required by sex offender registration and notification act”.
H. Abuse of animals:
(1) Section 30-18-1 NMSA
1978, “Cruelty to animals or extreme
crulety to animals”.
(2) Section
30-18-3 NMSA 1978, “Unlawful
branding of animals”.
(3) Section
30-18-6 NMSA 1978, “Transporting
stolen livestock”.
(4) Section
30-18-9 NMSA 1978, “Dog
fighting or cock fighting”.
(5) Section
30-18-12 NMSA 1978, “Injury to
livestock”.
I. Miscellaneous:
(1) Section 30-3A-3 NMSA 1978, “Stalking”.
(2) Section 30-20-12 NMSA 1978, “Use of telephone to terrify, intimidate, threaten, harass, annoy or
offend another.
(3) Section 66-8-102 NMSA 1978, “Driving under the influence of intoxicating liquor or drugs”.
(4) Section
61-6-20 NMSA 1978, “Practicing
medicine without a license”.
(5) Section
61-6-25 NMSA 1978, “Making a
false statement under oath or submitting a false affidavit, in connection with
the Medical Practice Act”.
(6) Section
26-1-26 NMSA 1978, “Violation
of the New Mexico Drug, Device and Cosmetic Act”.
(7) Section
12-10-20 NMSA 1978, “Failure
to comply with proclamation of the governor”.
J. The board shall not consider the fact of a criminal conviction as part
of an application for licensure unless the conviction in question is one of the
disqualifying criminal convictions listed under this section.
K. The board shall not deny, suspend or revoke a license on the sole basis
of a criminal conviction unless the conviction in question is one of the
disqualifying criminal convictions listed under this section.
L. Nothing in this rule prevents the board from denying an application or
disciplining a licensee on the basis of an individual’s conduct to the extent
that such conduct violated the Chiropractor Physician Practice Act, Sections
61-4-1 to -17 NMSA 1978, or
the Uniform Licensing Act, Section 61-1-1 to-36 NMSA 1978, regardless of whether the individual was
convicted of a crime for such conduct or whether the crime for which the individual was convicted is listed as
one of the disqualifying criminal convictions listed in under this section.
M. In connection with an application for licensure, the board shall not
use, distribute, disseminate, or admit into evidence at an adjudicatory
proceeding criminal records of any of the following:
(1) an arrest not followed by a valid conviction;
(2) a conviction that has been sealed, dismissed, expunged or pardoned;
(3) a juvenile adjudication; or
(4) a conviction for any crime other than the disqualifying criminal
convictions listed in 16.4.8.11 NMAC.
[16.4.8.12 NMAC - N, 4/9/2022]
History of 16.4.8
NMAC: 16.4.8 NMAC, Disciplinary Proceedings filed
1/31/2006, Repealed effective 8/10/2019.
16.4.8 NMAC,
Disciplinary Proceedings filed 7/10/2019, Repealed effective 4/9/2022.
Other History: 16.4.8
NMAC, Disciplinary Proceedings filed 1/31/2006 was replaced by 16.4.8 NMAC,
Disciplinary Proceedings filed 1/31/2006 effective 8/10/2019.
16.4.8 NMAC,
Disciplinary Proceedings filed 1/31/2006 was replaced by 16.4.8 NMAC,
Disciplinary Proceedings filed 7/10/2019 effective 4/9/2022.