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NM Chiropractic Jurisprudence study materials
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NM Chiropractic Jurisprudence practice questions

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Question 1New Mexico Chiropractic Practice Act and Board Rules

Under the New Mexico Chiropractic Practice Act, which body is responsible for adopting rules that govern the practice of chiropractic in the state?

  1. The governor's office
  2. The New Mexico Medical Board
  3. The state legislature by statute
  4. The New Mexico Chiropractic Board Correct answer.

Explanation

The Practice Act creates the New Mexico Chiropractic Board and delegates to it the authority to adopt rules implementing and interpreting the Act. The legislature enacts the statute itself, but detailed regulatory rules come from the Board.

Question 2New Mexico Chiropractic Practice Act and Board Rules

A person practicing chiropractic in New Mexico without a valid license is subject to which consequence under the Practice Act?

  1. Only a written warning for a first offense
  2. Referral to the federal government for prosecution
  3. Disciplinary action and possible criminal penalties for unlicensed practice Correct answer.
  4. Automatic licensure after one year of practice

Explanation

Unlicensed practice is prohibited, and the Act authorizes the Board to pursue injunctive and disciplinary remedies while the state may impose criminal penalties. Practicing without a license is not a minor matter resolved by a warning.

Question 3New Mexico Chiropractic Practice Act and Board Rules

Which of the following is a required element for licensure as a chiropractor in New Mexico?

  1. Ownership of a clinic facility
  2. Membership in a national chiropractic association
  3. A bachelor's degree in biology specifically
  4. Graduation from a Board-approved chiropractic college Correct answer.

Explanation

Licensure requires graduation from a chiropractic college approved by the Board, along with examinations and other statutory requirements. Association membership, facility ownership, and a specific undergraduate major are not licensure conditions.

Question 4New Mexico Chiropractic Practice Act and Board Rules

A chiropractor's license in New Mexico comes up for renewal. Which statement best describes continuing education obligations under Board rules?

  1. Continuing education is optional for experienced licensees
  2. Only chiropractors who supervise students must complete continuing education
  3. Licensees must complete Board-required continuing education to renew Correct answer.
  4. Continuing education is required only after a disciplinary action

Explanation

Board rules condition license renewal on completing a specified number of approved continuing education hours during each renewal cycle. The requirement applies to licensees generally, not only to supervisors or disciplined practitioners.

Question 5New Mexico Chiropractic Practice Act and Board Rules

Which of the following best describes the scope of chiropractic practice recognized under New Mexico law?

  1. Performing surgery on the spine
  2. Diagnosis and treatment of human conditions through chiropractic adjustment and related methods Correct answer.
  3. Prescribing controlled substances for pain management
  4. Practicing dentistry alongside chiropractic

Explanation

Chiropractic practice centers on the diagnosis, analysis, and treatment of human conditions through adjustment and related conservative methods within the statutory scope. Prescribing controlled substances and performing surgery fall outside that scope.

Question 6New Mexico Chiropractic Practice Act and Board Rules

The New Mexico Chiropractic Board is composed of members appointed in what manner?

  1. Elected by licensed chiropractors statewide
  2. Appointed by the governor Correct answer.
  3. Chosen by the legislature
  4. Selected by the state medical society

Explanation

Board members are appointed by the governor, with the composition and qualifications set by statute. They are not elected by the profession or chosen by other professional organizations.

Question 7New Mexico Chiropractic Practice Act and Board Rules

A chiropractor wants to use a specific title in advertising. Under the Practice Act, which title is protected for use only by licensed chiropractors?

  1. "Health coach"
  2. "Bodywork specialist"
  3. "Chiropractor" and abbreviations implying chiropractic licensure Correct answer.
  4. "Wellness consultant"

Explanation

The Act restricts use of the title chiropractor and related designations to persons holding a New Mexico chiropractic license. Generic business titles like wellness consultant are not protected chiropractic designations.

Question 8New Mexico Chiropractic Practice Act and Board Rules

Which entity has authority to investigate a complaint that a New Mexico chiropractor practiced below the standard of care?

  1. The district attorney's office exclusively
  2. The New Mexico Chiropractic Board Correct answer.
  3. The hospital where the chiropractor works
  4. The local chamber of commerce

Explanation

The Board has statutory authority to receive and investigate complaints and to take disciplinary action when violations are established. Other entities may have separate roles, but the Board is the licensing authority for chiropractors.

Question 9New Mexico Chiropractic Practice Act and Board Rules

A licensed chiropractor in New Mexico moves to another state and wishes to practice there. Which statement about licensure portability is most accurate?

  1. Portability is governed solely by the New Mexico Board
  2. The chiropractor must satisfy the other state's licensure requirements Correct answer.
  3. A New Mexico license automatically authorizes practice in every state
  4. Reciprocity is guaranteed under the Practice Act

Explanation

Licensure is state-based, so a chiropractor moving elsewhere must meet that jurisdiction's requirements, which may include examinations or endorsement provisions. The New Mexico Act does not grant authority to practice in other states.

Question 10New Mexico Chiropractic Practice Act and Board Rules

A chiropractor's patient records are requested by the Board during an investigation. Under Board rules, how should the chiropractor respond?

  1. Provide the records as required by the Board's lawful request Correct answer.
  2. Release records only if the patient pays a copying fee first
  3. Destroy the records to protect confidentiality
  4. Refuse because records are the patient's private property

Explanation

Board rules require licensees to cooperate with investigations and to produce records on lawful request, with confidentiality safeguards. Refusing, destroying records, or conditioning compliance on payment obstructs the regulatory process.

Question 11New Mexico Chiropractic Practice Act and Board Rules

A chiropractor wishes to delegate a task to an unlicensed assistant. Which principle governs delegation under New Mexico rules?

  1. Delegation is prohibited in all circumstances
  2. Delegation requires no supervision once the assistant is experienced
  3. Delegation is permitted only for tasks that do not require chiropractic judgment and that the assistant is competent to perform Correct answer.
  4. Any task may be delegated if the assistant is trained

Explanation

Licensees may delegate only tasks that fall outside the reserved scope of chiropractic judgment and that the assistant can safely perform, with appropriate supervision. The licensed chiropractor remains responsible for the care provided.

Question 12New Mexico Chiropractic Practice Act and Board Rules

During a Board disciplinary proceeding, a licensee is entitled to which of the following?

  1. A jury trial before the Board
  2. Notice of the charges and an opportunity to be heard Correct answer.
  3. Immediate license revocation without a hearing
  4. A private settlement with no record

Explanation

Due process under the Act and the Uniform Licensing Act requires notice of the allegations and an opportunity for a hearing before discipline is imposed. Discipline is not imposed without notice, and Board proceedings are administrative rather than jury trials.

Question 13New Mexico Chiropractic Practice Act and Board Rules

A chiropractor is convicted of a felony unrelated to practice. How may this affect licensure under the Practice Act?

  1. It requires the chiropractor to surrender the license within 24 hours
  2. It may constitute grounds for Board discipline, including suspension or revocation Correct answer.
  3. It automatically restores the license if previously lapsed
  4. It has no bearing on licensure because it is unrelated to chiropractic

Explanation

The Act lists conviction of certain crimes as grounds for disciplinary action, and the Board evaluates the matter through its process. Discipline is discretionary and proportionate, not automatic or self-executing.

Question 14New Mexico Chiropractic Practice Act and Board Rules

A chiropractor advertises services using testimonials claiming guaranteed cures for disease. Under Board rules on advertising, this is best characterized as:

  1. Potentially deceptive advertising subject to discipline Correct answer.
  2. Acceptable if the patient signed a release
  3. Required disclosure for informed consent
  4. Permissible because testimonials are patient speech

Explanation

Board rules prohibit false, deceptive, or misleading advertising, including guarantees of cure that overstate the benefits of chiropractic care. A patient release does not cure a misleading claim.

Question 15New Mexico Chiropractic Practice Act and Board Rules

A chiropractor suspects a patient has a condition outside the chiropractic scope. What is the appropriate action under the standard of care?

  1. Continue treatment and avoid alarming the patient
  2. Refer the patient for appropriate medical evaluation Correct answer.
  3. Discharge the patient without explanation
  4. Treat the condition using methods outside the scope

Explanation

Chiropractors must recognize conditions beyond their scope and refer patients for appropriate evaluation and care. Continuing inappropriate treatment or practicing outside the scope breaches the standard of care.

Question 16New Mexico Chiropractic Practice Act and Board Rules

Which of the following describes the mandatory reporting obligation of a chiropractor regarding impaired colleagues under New Mexico rules?

  1. Licensees may be required to report conduct that poses a risk to patients Correct answer.
  2. Only patients may report impairment
  3. Reporting is prohibited by confidentiality
  4. Reporting is discretionary and never required

Explanation

Board rules can require licensees to report conduct or impairment that endangers patients, supporting the Board's protective role. Confidentiality does not shield reportable risks to patient safety.

Question 17New Mexico Chiropractic Practice Act and Board Rules

A chiropractor's license lapses for failure to renew. What is the status of practicing during the lapse?

  1. Practice is allowed for up to six months
  2. Practice is allowed if the chiropractor pays a late fee after the fact
  3. Practice is allowed while the renewal is pending
  4. Practice is unlicensed and prohibited until the license is reinstated Correct answer.

Explanation

Once a license lapses, the individual is no longer licensed and may not practice until reinstatement is granted under Board procedures. Pending applications or later fee payments do not authorize interim practice.

Question 18New Mexico Chiropractic Practice Act and Board Rules

Which statement about the chiropractor-patient relationship and informed consent is most consistent with New Mexico expectations?

  1. The chiropractor should obtain informed consent after explaining the proposed care and its risks Correct answer.
  2. A signed form eliminates the need for any discussion
  3. Consent may be presumed for all chiropractic procedures
  4. Consent is required only for surgical procedures

Explanation

Informed consent requires a meaningful explanation of the proposed care, its risks and alternatives, and the patient's agreement. A signature alone does not replace the discussion, and consent is not presumed for all procedures.

Question 19New Mexico Chiropractic Practice Act and Board Rules

A chiropractor serves as an expert witness in a malpractice case. Under Board rules, which conduct could lead to discipline?

  1. Charging a reasonable fee for review time
  2. Reviewing records before testifying
  3. Giving testimony outside the witness's competence for a fee Correct answer.
  4. Testifying honestly within the chiropractor's area of competence

Explanation

Licensees may be disciplined for false, misleading, or incompetent expert testimony, including opinions offered outside their competence. Honest testimony within one's expertise and reasonable compensation are acceptable.

Question 20New Mexico Chiropractic Practice Act and Board Rules

A chiropractor wants to add a business partner who is not licensed to practice chiropractic. Which statement reflects the Act's requirements?

  1. Unlicensed persons may own a chiropractic practice and control clinical decisions
  2. Any ownership structure is permitted without restriction
  3. Business arrangements must not compromise the licensee's independent clinical judgment Correct answer.
  4. Only the Board can be a business partner

Explanation

The Act and rules protect the licensee's professional judgment from control by unlicensed persons and prohibit fee-splitting or arrangements that improperly influence care. Ownership structures must respect these limits.

Question 21New Mexico Chiropractic Practice Act and Board Rules

A chiropractor is accused of practicing while impaired by alcohol. Which procedural path is most consistent with the New Mexico licensing framework?

  1. A Board complaint process with notice, hearing, and possible remedial conditions Correct answer.
  2. Immediate permanent revocation by the Board's executive director alone
  3. Referral only to a private treatment program with no Board involvement
  4. Dismissal because impairment is a personal matter

Explanation

Impairment is a statutory ground for discipline, and the Board follows a formal complaint and hearing process with due process protections. Remedies may include conditions such as monitoring or treatment rather than automatic permanent revocation.

Question 22New Mexico Chiropractic Practice Act and Board Rules

A chiropractor bills an insurer for services not performed. Beyond insurance law, how does this implicate the Chiropractic Practice Act?

  1. It does not; billing is outside Board jurisdiction
  2. It is addressed only by the insurer's internal review
  3. It is lawful if the patient agrees
  4. Fraudulent billing may constitute unprofessional conduct subject to Board discipline Correct answer.

Explanation

The Act defines unprofessional conduct to include fraud and dishonesty connected to practice, which encompasses fraudulent billing. The Board may discipline a licensee independently of insurer or criminal proceedings.

Question 23New Mexico Chiropractic Practice Act and Board Rules

A chiropractor discloses patient information to a marketing firm without authorization. Which analysis is most accurate under New Mexico rules?

  1. A breach of confidentiality that may constitute grounds for discipline Correct answer.
  2. Required for practice growth
  3. Permissible because the firm is a business associate
  4. Allowed if no patient complains

Explanation

Licensees must protect patient confidentiality, and unauthorized disclosure can constitute unprofessional conduct subject to discipline. The absence of complaints or a business relationship does not authorize disclosure.

Question 24New Mexico Chiropractic Practice Act and Board Rules

A chiropractor performs an adjustment after the patient clearly refuses that specific procedure. Which characterization best fits the Act's disciplinary framework?

  1. Refusal applies only to surgery
  2. Treating without consent may constitute unprofessional conduct and grounds for discipline Correct answer.
  3. No issue because the chiropractor believed it was beneficial
  4. Consent is implied whenever a patient schedules an appointment

Explanation

Treating a patient against an expressed refusal violates the patient's right to direct care and can constitute unprofessional conduct. A practitioner's belief in benefit does not override an informed refusal.

Question 25New Mexico Chiropractic Practice Act and Board Rules

Under the New Mexico Chiropractic Practice Act, which document establishes the legal authority for the Board to adopt rules governing the practice of chiropractic?

  1. The Governor's annual executive order on health professions
  2. The Practice Act itself, which delegates rulemaking authority to the Board Correct answer.
  3. The New Mexico Administrative Code, which the Board may amend unilaterally
  4. The federal Medicare Conditions of Participation

Explanation

The New Mexico Chiropractic Practice Act is the statute that creates the Board and expressly authorizes it to adopt rules to carry out the Act. Board rules must be consistent with the statute and are promulgated under that delegated authority, not under executive orders or federal conditions of participation.

Question 26New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor wants to open a practice and display the term 'chiropractic physician' on signage. Under the Practice Act's title provisions, which statement is most accurate?

  1. The term may be used only by a person licensed under the Chiropractic Practice Act Correct answer.
  2. Any licensed health care provider may use the term if the practice is limited to musculoskeletal care
  3. The term may be used by unlicensed staff if the supervising chiropractor approves the sign
  4. The term is reserved for licensees who hold a medical degree in addition to a chiropractic license

Explanation

The Practice Act protects chiropractic titles so that only persons licensed under that Act may hold themselves out using terms such as chiropractor or chiropractic physician. Unlicensed persons and licensees of other boards may not use the protected title to suggest chiropractic licensure.

Question 27New Mexico Chiropractic Practice Act and Board Rules

Which continuing education requirement must a New Mexico chiropractor satisfy to renew an active license under Board rules?

  1. Completion of a specified number of approved continuing education hours during each renewal period Correct answer.
  2. Submitting a case report co-signed by a medical director
  3. Serving a minimum number of hours in a Board-approved public clinic
  4. Passing a comprehensive national board examination every renewal cycle

Explanation

New Mexico Board rules require licensees to complete approved continuing education hours each renewal period as a condition of active renewal. The requirement is measured in approved CE hours, not in re-examination, clinic service, or co-signed case reports.

Question 28New Mexico Chiropractic Practice Act and Board Rules

A chiropractor licensed in New Mexico wishes to provide services through a professional corporation. Under the Practice Act and Board rules, which requirement applies to the ownership of that professional corporation?

  1. Any investor may own a controlling interest because corporate practice restrictions do not apply to chiropractic
  2. Ownership must be held by the Board itself to ensure professional accountability
  3. Ownership must be held by a hospital licensed under the Public Health Act
  4. Ownership must be limited to licensed chiropractors, with limited exceptions permitted by statute Correct answer.

Explanation

New Mexico professional corporation law, as applied to chiropractic, generally restricts ownership to licensed professionals, subject to limited statutory exceptions. This preserves professional responsibility and prevents unauthorized control of chiropractic practice by non-licensees.

Question 29New Mexico Chiropractic Practice Act and Board Rules

A patient files a complaint alleging that a New Mexico chiropractor used an unapproved modality. Which sequence best reflects the Board's typical complaint process?

  1. The Board forwards all complaints to the patient's insurer for a coverage determination
  2. The Board must revoke the license immediately upon receipt of any complaint
  3. The Board refers the matter directly to criminal prosecution without review
  4. The Board reviews the complaint, may investigate, and may dispose of it by dismissal, settlement, or formal disciplinary hearing Correct answer.

Explanation

The Board's complaint process generally involves review and possible investigation, followed by a disposition such as dismissal, informal resolution, or a formal hearing. Immediate revocation on receipt of a complaint would violate due process, and referral to criminal prosecution or insurers is not the standard path.

Question 30New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor is issued a summary suspension pending a hearing. Which statement best describes the procedural safeguard available to the licensee?

  1. The licensee may appeal only to the federal district court in the first instance
  2. The licensee has no right to contest a summary suspension because it is final agency action
  3. The licensee may avoid the suspension by paying a fine without a hearing
  4. The licensee may demand a hearing after the suspension to contest the basis for the emergency action Correct answer.

Explanation

A summary suspension is an emergency interim action that must be followed by a prompt hearing at which the licensee can contest the basis for the suspension. It is not final agency action immune from review, and the ordinary path is through the Board and state administrative appeal, not federal court in the first instance.

Question 31New Mexico Chiropractic Practice Act and Board Rules

Under New Mexico Board rules, which record must a chiropractor retain for each patient encounter?

  1. A clinical record documenting the evaluation, diagnosis, treatment, and patient response Correct answer.
  2. Only the referral note sent to the patient's primary care provider
  3. Only the appointment schedule showing the date and time of visit
  4. Only the financial ledger showing payments received

Explanation

Board rules require a clinical record that documents the evaluation, diagnosis, treatment provided, and the patient's response, so that care can be reviewed and continuity maintained. Financial ledgers, schedules, and referral notes alone do not satisfy the clinical documentation requirement.

Question 32New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor is asked to treat a patient with a suspected fracture. Which action is most consistent with the Practice Act's scope and referral obligations?

  1. Treat the fracture with adjustment and document the suspicion only if the patient asks
  2. Delegate the fracture evaluation to an unlicensed assistant
  3. Refer the patient for appropriate medical evaluation and document the referral Correct answer.
  4. Continue chiropractic care indefinitely without informing the patient of the suspicion

Explanation

When a patient presents with a condition outside the chiropractic scope, such as a suspected fracture, the chiropractor must refer for appropriate medical evaluation and document that referral. Continuing adjustment or delegating the evaluation would not meet the standard of care or the Practice Act's scope limits.

Question 33New Mexico Chiropractic Practice Act and Board Rules

A chiropractor in New Mexico wishes to use dry needling in practice. Which statement best describes the Board's approach to this modality?

  1. Dry needling is categorically prohibited for all New Mexico chiropractors
  2. Dry needling may be performed by any licensed chiropractor without additional training
  3. Dry needling may be delegated to a certified medical assistant
  4. Dry needling is permitted only if the chiropractor has documented additional Board-approved training and complies with any rule limitations Correct answer.

Explanation

The Board addresses advanced modalities such as dry needling through training and competency requirements rather than a blanket prohibition or unrestricted practice. A chiropractor must document the required additional training and comply with any limitations in Board rule.

Question 34New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor is retiring and plans to close the practice. Under Board rules on patient records, which step is required?

  1. Destroy all records immediately to protect patient privacy
  2. Sell the records to another chiropractor without patient notice
  3. Provide notice to patients and arrange for retention or transfer of records in accordance with Board requirements Correct answer.
  4. Transfer records to the Board, which becomes the permanent custodian

Explanation

When closing a practice, the chiropractor must provide notice to patients and ensure records are retained or transferred in a manner that preserves patient access and confidentiality under Board rules. Immediate destruction, Board custody, or unannounced sale would not satisfy those obligations.

Question 35New Mexico Chiropractic Practice Act and Board Rules

A chiropractor licensed in another state moves to New Mexico and wants to practice. Which statement best describes the licensure pathway under the Practice Act?

  1. The chiropractor may practice immediately under the other state's license for 90 days
  2. The chiropractor may practice after notifying the Board by email, without a license
  3. The chiropractor must obtain a New Mexico license through the Board's endorsement or examination process before practicing Correct answer.
  4. The chiropractor may practice if a New Mexico chiropractor supervises the out-of-state licensee

Explanation

A chiropractor licensed in another jurisdiction must obtain a New Mexico license through the Board's endorsement or examination process before practicing in New Mexico. A license from another state does not authorize practice in New Mexico, even temporarily or under supervision.

Question 36New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor's license has been revoked. Which statement best describes the effect on the person's ability to hold out as a chiropractor?

  1. The person may continue to use the title if no patients are treated
  2. The person may practice only in rural areas of the state
  3. The person may not practice chiropractic or hold out as a chiropractor unless the license is reinstated Correct answer.
  4. The person may practice under a different title such as bodywork specialist

Explanation

Revocation removes the authority to practice chiropractic and to hold out as a chiropractor unless the Board reinstates the license. Using a different title to continue the same regulated activity would still risk violating the Practice Act.

Question 37New Mexico Chiropractic Practice Act and Board Rules

A chiropractor in New Mexico is considering a business arrangement that pays a referral fee for each new patient sent by a marketer. Which analysis is most consistent with the Practice Act and Board rules?

  1. The arrangement is permissible if the marketer is a licensed chiropractor
  2. The arrangement is permissible if disclosed to the patient in writing
  3. The arrangement is impermissible because paying for patient referrals constitutes fee splitting prohibited by Board rules Correct answer.
  4. The arrangement is permissible because fee splitting rules apply only to physicians

Explanation

Board rules prohibit fee splitting and paying for patient referrals because they create incentives that compromise professional judgment. Disclosure or the marketer's licensure does not cure the underlying prohibition on paying for referrals.

Question 38New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor is asked by a patient to provide a copy of the patient's own records. Under Board rules, which response is most appropriate?

  1. Provide the records only after the patient signs a waiver of all future claims
  2. Provide copies in a timely manner after proper authorization and applicable fee, consistent with Board rules Correct answer.
  3. Release the records only if the patient's attorney subpoenas them
  4. Refuse the request because records belong exclusively to the chiropractor

Explanation

Patients have a right of access to their records, and the chiropractor must provide copies in a timely manner upon proper authorization and payment of any permitted fee. Refusing access, requiring a subpoena, or conditioning release on a waiver of claims is inconsistent with that right.

Question 39New Mexico Chiropractic Practice Act and Board Rules

A chiropractor in New Mexico is considering advertising a new treatment as 'FDA approved for all back pain.' Which statement best reflects Board advertising rules?

  1. The advertisement is impermissible if it is false or misleading regarding the treatment's approval or effectiveness Correct answer.
  2. The advertisement is permissible because FDA approval is a government endorsement
  3. The advertisement is permissible because advertising rules apply only to physicians
  4. The advertisement is permissible if the treatment is within the chiropractic scope

Explanation

Board advertising rules prohibit false or misleading statements, including misrepresentations about government approval or the effectiveness of a treatment. Scope of practice and the identity of the profession do not permit misleading claims.

Question 40New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor wants to prescribe a controlled substance for a patient's pain. Which statement best describes the authority under the Chiropractic Practice Act?

  1. Chiropractors may prescribe controlled substances when a physician co-signs the prescription
  2. Chiropractors may prescribe controlled substances if they complete a Board-approved pharmacology course
  3. Chiropractors may prescribe controlled substances only for musculoskeletal pain
  4. Chiropractors generally lack authority to prescribe controlled substances under the Practice Act Correct answer.

Explanation

The Chiropractic Practice Act does not generally authorize chiropractors to prescribe controlled substances. Completing a pharmacology course, obtaining a co-signature, or limiting the prescription to musculoskeletal pain does not create that authority.

Question 41New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor is accused of practicing with an expired license. Which statement best describes the Board's authority in this situation?

  1. The Board may only issue a warning letter and cannot impose discipline
  2. The Board may take disciplinary action because practicing on an expired license is unlicensed practice Correct answer.
  3. The Board must refer the matter to the district attorney and cannot act itself
  4. The Board has no authority because the license was once valid

Explanation

Practicing on an expired license constitutes unlicensed practice, and the Board has authority to investigate and impose discipline. The Board is not limited to a warning and may act concurrently with any criminal referral.

Question 42New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor is asked to supervise a chiropractic assistant who will perform a therapeutic procedure. Which principle governs whether the assistant may perform the procedure?

  1. The assistant may perform any procedure the supervising chiropractor authorizes
  2. The assistant may perform the procedure if the chiropractor is physically present in the building
  3. The assistant may perform the procedure only if it is within the assistant's training and permitted by Board rule for unlicensed personnel Correct answer.
  4. The assistant may perform the procedure if the patient signs a consent form

Explanation

Delegation to unlicensed personnel is limited by Board rule to tasks that are within the assistant's training and do not require chiropractic judgment. The supervising chiropractor's authorization, patient consent, or physical presence does not expand what unlicensed staff may lawfully perform.

Question 43New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor is the subject of a Board investigation and receives a subpoena for records. Which response is most consistent with the Practice Act?

  1. Provide only records the chiropractor believes are favorable
  2. Ignore the subpoena because the Board lacks authority to issue one
  3. Destroy the records before the return date to avoid production
  4. Comply with the subpoena as required, while asserting any lawful privilege or confidentiality protection Correct answer.

Explanation

The Board has authority to issue subpoenas in investigations, and the licensee must comply while preserving any lawful privilege or confidentiality objection. Ignoring the subpoena, selectively producing favorable records, or destroying records would obstruct the investigation.

Question 44New Mexico Chiropractic Practice Act and Board Rules

A chiropractor in New Mexico wishes to use a clinical laboratory for diagnostic testing. Which statement best describes the scope of chiropractic practice regarding laboratory testing?

  1. Chiropractors may order laboratory tests only with a physician's written order
  2. Chiropractors may order laboratory tests only for research purposes
  3. Chiropractors may never order laboratory tests under any circumstances
  4. Chiropractors may order and interpret laboratory tests as part of the diagnostic evaluation within the scope of chiropractic practice Correct answer.

Explanation

The chiropractic scope includes diagnostic evaluation, which may include ordering and interpreting laboratory tests when clinically indicated. A blanket prohibition, physician order requirement, or research-only limitation is not consistent with the diagnostic scope.

Question 45New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor is accused of failing to maintain patient confidentiality by discussing a patient's case in a public setting. Which analysis is most accurate under Board rules?

  1. The conduct is permissible because confidentiality rules apply only to hospitals
  2. The conduct is permissible if the discussion occurred outside business hours
  3. The conduct may constitute unprofessional conduct and grounds for discipline because confidentiality is required Correct answer.
  4. The conduct is permissible because the chiropractor did not name the patient

Explanation

Board rules require chiropractors to protect patient confidentiality, and breaching it may constitute unprofessional conduct subject to discipline. The absence of a name, the setting, or the time of day does not automatically excuse a disclosure that identifies or could identify the patient.

Question 46New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor is asked to sign a certificate for a patient's disability leave. Which statement best describes the chiropractor's responsibility?

  1. Sign the certificate based solely on the patient's request
  2. Sign the certificate only if the patient's employer requests it
  3. Sign only if the certification is supported by the chiropractor's clinical findings and is within the chiropractor's scope Correct answer.
  4. Refuse to sign any certificate because chiropractors cannot issue disability documentation

Explanation

A chiropractor may provide documentation that is supported by clinical findings and within the chiropractic scope, but should not certify matters beyond the chiropractor's evaluation. Signing solely on request or refusing all certification would be inconsistent with ethical and professional obligations.

Question 47New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor is considering entering into a co-management arrangement with a physician for a patient with a complex condition. Which statement best reflects the chiropractor's obligations?

  1. The chiropractor must maintain an independent clinical evaluation and communicate appropriately with the physician Correct answer.
  2. The chiropractor may delegate the chiropractic evaluation to the physician
  3. The chiropractor may rely entirely on the physician's diagnosis and need not perform an independent evaluation
  4. The chiropractor may bill for the physician's services as part of the chiropractic claim

Explanation

In a co-management arrangement, the chiropractor remains responsible for an independent evaluation and for appropriate communication with the other provider. Relying entirely on the physician, delegating the chiropractic evaluation, or billing for another provider's services would not meet professional obligations.

Question 48New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor receives a request from a patient's employer for the patient's treatment records without the patient's authorization. Which response is most consistent with Board rules?

  1. Release the records because the employer is paying for the treatment
  2. Decline to release the records without proper patient authorization or a lawful exception Correct answer.
  3. Release only the dates of treatment but not the clinical details
  4. Release the records if the employer promises to keep them confidential

Explanation

Patient records may not be released to an employer without the patient's authorization or a recognized legal exception, regardless of who pays for treatment. Releasing partial information or relying on the employer's promise of confidentiality does not satisfy the authorization requirement.

Question 49New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor is considering a treatment plan that includes spinal manipulation for a patient with a known bleeding disorder. Which analysis is most consistent with the standard of care and Board rules?

  1. Proceed with manipulation because chiropractic scope includes all spinal conditions
  2. Proceed with manipulation because the patient consented to care
  3. Discontinue all care and refer the patient without any evaluation
  4. Evaluate the risks, modify the plan as clinically indicated, and document the rationale for the approach Correct answer.

Explanation

The chiropractor must evaluate the risks presented by the bleeding disorder, adjust the treatment plan as clinically indicated, and document the rationale. Relying on consent alone or on the breadth of scope ignores the standard of care, while abandoning the patient without evaluation is also inappropriate.

Question 50New Mexico Chiropractic Practice Act and Board Rules

A New Mexico chiropractor moves her office to a new address within the same city and continues treating patients there. Under the New Mexico Chiropractic Practice Act and Board rules, which statement best describes what she must do regarding her license and Board records?

  1. Surrender the current license and apply for a new one as if she were a first-time applicant
  2. Notify the Board of the address change within the time the rules require so the license record and public roster stay accurate Correct answer.
  3. Take no action, because a change of address within the same city does not affect a license
  4. Wait until the next scheduled license renewal to report the new address

Explanation

New Mexico chiropractors must keep the Board informed of current contact and practice information, so a change of practice address must be reported within the timeframe the rules set. The license itself remains valid; relocation does not require a new application or surrender of the license. Reporting only at renewal leaves the Board's records inaccurate in the interim.