NM Chiropractic Jurisprudence flashcards
NM Chiropractic Jurisprudence · Build recall with a focused review session.
32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Practice Act citation
- New Mexico chiropractic law is codified at NMSA 1978 Chapter 61, Article 4. The Board's administrative rules appear in NMAC Title 16, Chapter 4.
- Board composition
- The New Mexico Board of Chiropractic Examiners includes licensed chiropractic physicians and public members appointed by the Governor. Public members cannot be health-care providers or hold a financial interest in chiropractic.
- Statute versus rule
- The Practice Act establishes statutory scope, licensure requirements, and grounds for discipline. Board rules add procedural and technical detail. If a rule conflicts with the statute, the statute controls.
- Open Meetings Act
- Board deliberations and votes must occur in properly noticed public meetings. Limited closed sessions are permitted for investigative and personnel matters, but final actions are taken in open session.
- Declaratory ruling
- A licensee may ask the Board for an interpretation of the Practice Act or rules on a specific scope question. The ruling binds the requesting party unless the Board later adopts it as a rule.
- Public records in discipline
- Final disciplinary orders are public records. Investigative files and patient-identifying information remain confidential and are released only as authorized by law.
- Quorum requirement
- The Board may act only when a quorum of appointed members is present. The Board may delegate investigation to a committee, but licensure and discipline decisions require Board action.
- Administrative Procedures Act
- Board hearings and appeals follow the New Mexico Administrative Procedures Act, which sets notice, hearing, record, and judicial review requirements for state agencies.
- Statutory scope
- Chiropractic physicians diagnose and treat human disease and physical conditions using adjustment, manipulation, and related procedures, including physical measures and adjunctive procedures authorized by Board rule.
- Adjustment defined
- Adjustment means manual or instrument-assisted manipulation intended to correct vertebral subluxation complex or other articular dysfunction. It is not limited to spinal regions where the statute allows it.
- Diagnostic authority
- Chiropractic physicians may take histories, perform physical examinations, order and interpret imaging and laboratory tests, and formulate diagnoses within the statutory scope of practice.
- Prohibited procedures
- Chiropractic physicians may not perform major surgery, prescribe or dispense legend drugs except as expressly authorized, or administer anesthesia outside the authorization set by the Practice Act.
- Referral duty
- A chiropractic physician must refer a patient to another licensed provider when the condition falls outside chiropractic scope or when progress plateaus and medical evaluation is warranted.
- Prohibited conduct list
- Grounds include practicing beyond scope, false or misleading advertising, guaranteeing cures, fee-splitting, aiding unlicensed practice, and practicing while impaired by alcohol, drugs, or illness.
- Record retention
- Patient records must be legible, contemporaneous, and retained for the period set by Board rule. Records must be released as required by law, including patient-authorized requests.
- Informed consent
- Before care, the chiropractic physician documents the nature of the procedure, its risks, alternatives, and the patient's right to refuse or withdraw consent at any time.
- Education requirement
- Applicants must graduate from a chiropractic college accredited by the Council on Chiropractic Education or an equivalent recognized accreditor, and pass the NBCE examinations required by Board rule.
- Licensure by credentials
- Endorsement requires active, unencumbered licensure in another state with substantially equivalent requirements, verification of prior licensure, and any examinations the Board requires.
- Jurisprudence examination
- The Board may require applicants to pass a jurisprudence examination covering the New Mexico Practice Act and Board rules before issuing an initial license.
- Background check
- Applicants may be required to submit fingerprints and a criminal background check. Certain convictions can be grounds for denial or for discipline after licensure.
- Renewal cycle
- New Mexico chiropractic licenses renew on a biennial cycle set by Board rule. Renewal requires completed continuing education, payment of fees, and a timely filed application.
- Continuing education content
- Required CE hours must include Board-mandated jurisprudence and ethics hours. Remaining hours must be approved Category I chiropractic education, and certificates must be retained for audit.
- Lapsed license
- Practicing after a license expires without renewal is unlicensed practice. It is a statutory violation and independent grounds for discipline, even if renewal is later completed.
- Address change notice
- Licensees must notify the Board of a change of name, address, or practice location within the period set by rule so that official notices reach the licensee.
- Inactive status
- A licensee may request inactive or retired status. Returning to active practice requires satisfying Board reentry requirements, which may include continuing education and reexamination.
- Adverse action reporting
- Licensees must report certain adverse actions taken by another jurisdiction, hospital, or credentialing body within the time set by Board rule. Failure to report is separate misconduct.
- Filing a complaint
- Any person may file a complaint with the Board. The Board's investigator screens it, and the Board may dismiss it, investigate, or refer it to a peer review committee.
- Notice of contemplated action
- After investigation, the Board may issue a notice of contemplated action stating the charges and proposed discipline. The licensee may respond or request a hearing.
- Due process rights
- A licensee facing discipline is entitled to notice of the charges, a hearing, representation by counsel, and the opportunity to confront and cross-examine witnesses against them.
- Range of sanctions
- The Board may impose censure, probation with conditions, suspension, revocation, fines, remedial education, monitoring, and assessment of the costs of the proceeding.
- Summary suspension
- The Board may summarily suspend a license when continued practice poses an imminent risk to public health and safety. A prompt post-suspension hearing must follow.
- Ethical duties
- Chiropractic physicians owe patients confidentiality, honest billing and advertising, avoidance of conflicts of interest, and no abandonment without notice and referral to another provider.