underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HOUSE BILL 189
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Dayan Hochman-Vigil
AN ACT
RELATING TO LICENSING; AMENDING AND ENACTING SECTIONS OF THE
CHIROPRACTIC PHYSICIAN PRACTICE ACT TO REQUIRE THAT THE
CHIROPRACTIC BOARD INCLUDE A CERTIFIED ADVANCED PRACTICE
CHIROPRACTIC PHYSICIAN MEMBER; REQUIRING APPLICANTS FOR
LICENSURE TO PROVIDE EVIDENCE OF GRADUATION FROM AN ACCREDITED
CHIROPRACTIC PROGRAM; EXPANDING THE CHIROPRACTIC BOARD'S
AUTHORITY TO CREATE CLASSIFICATIONS FOR LEVEL ONE AND LEVEL TWO
CERTIFIED ADVANCED PRACTICE CHIROPRACTIC PHYSICIANS IN THE
ADVANCED PRACTICE CHIROPRACTIC CERTIFICATION REGISTRY,
ESTABLISH REQUIREMENTS AND PROCEDURES FOR CERTIFICATION AND
CERTIFY APPLICANTS; PROVIDING FOR THE EXPANSION OF AUTHORITY
FOR LEVEL ONE CERTIFIED ADVANCED PRACTICE CHIROPRACTIC
PHYSICIANS AND LEVEL TWO CERTIFIED ADVANCED PRACTICE
CHIROPRACTIC PHYSICIANS TO INCORPORATE CERTAIN CLINICAL
PROCEDURES AND PRESCRIBE DANGEROUS DRUGS.
.229020.1 underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-4-2 NMSA 1978 (being Laws 1968,
Chapter 3, Section 2, as amended) is amended to read:
"61-4-2. DEFINITIONS.--As used in the Chiropractic
Physician Practice Act:
A. "advanced practice chiropractic certification
registry" means a compendium kept by the board that meets and
maintains the board's established credentials for certified
advanced practice chiropractic physicians;
B. "certified advanced practice chiropractic
physician" means a chiropractic physician who has been included
in the advanced practice chiropractic certification registry as
a level one certified advanced practice chiropractic physician
or a level two certified advanced practice chiropractic
physician;
C. "chiropractic medicine " means the science, art
and philosophy of things natural, the science of locating and
removing interference with the transmissions or expression of
nerve forces in the human body by the correction of
misalignments or subluxations of the articulations and adjacent
structures, more especially those of the vertebral column and
pelvis, for the purpose of restoring and maintaining health for
treatment of human disease [primarily ] by, but not limited to,
adjustment and manipulation of the human structure and
.229020.1
- 2 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
diagnosis and treatment of a condition or disease process for
which the chiropractic physician has been educated and trained .
It shall include [but not be limited to ] the prescribing and
administering of all natural agents to assist in the healing
act, such as food, water, heat, cold, light, oxygen ,
electricity, mechanical appliances and medical devices; the
selling of herbs, nutritional supplements and homeopathic
remedies; the [administering of a drug by injection ]
prescription, administration, injection or dispensing of
dangerous drugs by a certified advanced practice chiropractic
physician; and any necessary diagnostic procedure, excluding
invasive procedures, except as provided by the board by rule
and regulation. It shall exclude:
(1) the practice of operative surgery;
provided that a level two advanced practice chiropractic
physician may perform clinical procedures as taught for primary
care practice, commensurate with physician level whole person
primary care practice;
(2) the prescription, [or use of controlled
or] administration, injection or dispensing of dangerous drugs;
provided that a level one certified advanced practice
chiropractic physician or a level two certified advanced
practice chiropractic physician may prescribe, administer,
inject or dispense dangerous drugs ; and
(3) the practice of acupuncture;
.229020.1
- 3 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
D. "board" means the chiropractic board;
E. "chiropractic physician" includes doctor of
chiropractic, chiropractor and chiropractic physician and means
a person who practices chiropractic medicine as defined in the
Chiropractic Physician Practice Act; and
F. "chiropractic assistant" means a person who
practices under the on-premises supervision of a licensed
chiropractic physician."
SECTION 2. Section 61-4-3 NMSA 1978 (being Laws 1968,
Chapter 3, Section 3, as amended) is amended to read:
"61-4-3. BOARD CREATED--APPOINTMENT--OFFICERS--DUTIES--
COMPENSATION.--
A. The "chiropractic board" is created and is
administratively attached to the regulation and licensing
department. The board shall consist of six persons, four of
whom have been continuously engaged in the practice of
chiropractic medicine in New Mexico for five years immediately
prior to their appointment and of which at least one shall be a
certified advanced practice chiropractic physician . Two
persons shall represent the public and shall not have practiced
chiropractic medicine in this state or any other jurisdiction.
A person shall not be appointed to the board who is an officer
or employee of or who is financially interested in any school
or college of [chiropractic ] medicine, surgery, [or ] osteopathy
or other allied health profession. The public members shall
.229020.1
- 4 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
not have any significant financial interest in chiropractic
medicine or be active in another health care profession .
B. Members of the board shall be appointed by the
governor for staggered terms of five years or less and in a
manner that the term of one board member expires on July 1 of
each year. A list of five names for each professional member
vacancy shall be submitted by the New Mexico chiropractic
association to the governor for consideration in the
appointment of board members. A vacancy shall be filled by
appointment for the unexpired term. Board members shall serve
until their successors have been appointed and qualified.
C. The board shall annually elect a chair and a
secretary-treasurer. A majority of the board constitutes a
quorum. The board shall meet quarterly. Special meetings may
be called by the chair and shall be called upon the written
request of two members of the board. Notification of special
meetings shall be made by certified mail unless such notice is
waived by the entire board and the action noted in the minutes.
Notice of all regular meetings shall be made by regular mail at
least ten days prior to the meeting, and copies of the minutes
of all meetings shall be mailed to each board member within
thirty days after a meeting.
D. A board member failing to attend three
consecutive meetings, either regular or special, shall
automatically be removed as a member of the board.
.229020.1
- 5 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
E. The board shall adopt a seal.
F. The board shall promulgate and file, in
accordance with the State Rules Act, all rules necessary for
the implementation and enforcement of the provisions of the
Chiropractic Physician Practice Act, including educational
requirements for a chiropractic assistant.
G. The board, for the purpose of protecting the
health and well-being of the citizens of this state and
maintaining and continuing informed professional knowledge and
awareness, shall establish by rule mandatory continuing
education requirements for chiropractic physicians and
certified advanced practice chiropractic physicians licensed in
this state.
H. Failure to comply with the rules adopted by the
board shall be grounds for investigation, which may lead to
revocation of license.
I. Members of the board shall be reimbursed as
provided in the Per Diem and Mileage Act, but shall receive no
other compensation, perquisite or allowance for each day
necessarily spent in the discharge of their duties."
SECTION 3. A new section of the Chiropractic Physician
Practice Act is enacted to read:
"[NEW MATERIAL] EVIDENCE OF GRADUATION--ACCREDITATION OF
COLLEGE.--In addition to the requirements prescribed in Section
61-4-4 NMSA 1978, all applicants for licensure who have
.229020.1
- 6 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
matriculated at a chiropractic college after October 1, 1975
shall present evidence of having graduated from a chiropractic
college having status with the leading chiropractic education
accreditation organization or the equivalent criterion
thereof."
SECTION 4. Section 61-4-6 NMSA 1978 (being Laws 1968,
Chapter 3, Section 6, as amended) is amended to read:
"61-4-6. EXAMINATION--SUBJECTS--METHOD OF TREATMENT--
RECORDING LICENSE.--
A. The board shall recognize successful completion
of all parts of the examination conducted by the national board
of chiropractic examiners.
B. The board shall examine each applicant in the
act of chiropractic adjusting, procedures and methods as shall
reveal the applicant's qualifications; provided that the board
may waive the requirement for the board-administered
examination upon proof of satisfactory completion of the
examination conducted by the national board of chiropractic
examiners.
C. The board shall issue a license to all
applicants whose applications have been filed with and approved
by the board and who have paid the required fees and passed
either the board-administered examination with a general
average of not less than seventy-five percent with no subject
below sixty-five percent or the examination conducted by the
.229020.1
- 7 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
national board of chiropractic examiners with a general average
of not less than seventy-five percent with no subject below
sixty-five percent. A license shall be refused to an applicant
who fails to make application as provided in this section,
fails the examination or fails to pay the required fees.
D. The license, when granted by the board, carries
with it the title of doctor of chiropractic and entitles the
holder to diagnose using any necessary diagnostic procedures,
excluding invasive procedures, except as provided by the board
by rule, and treat injuries, deformities or other physical or
mental conditions [relating to the basic concepts of
chiropractic] as taught in an accredited institution of higher
education by the use of any methods as provided in this
section, including but not limited to palpating, diagnosing,
adjusting and treating injuries and defects of human beings by
the application of manipulative, manual and mechanical means,
including all natural agencies imbued with the healing act,
such as food, water, heat, cold, light, oxygen , electricity and
mechanical appliances, herbs, nutritional supplements and
homeopathic remedies, but excluding operative surgery and
prescription or use of controlled or dangerous drugs, except
for level one certified advanced practice chiropractic
physicians and level two certified advanced practice
chiropractic physicians pursuant to this 2025 act . The holder
may also supervise the use of any natural agencies imbued with
.229020.1
- 8 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the healing act, such as food, water, heat, cold, light,
oxygen, electricity, mechanical appliances, herbs, nutritional
supplements and homeopathic remedies administered by a
chiropractic assistant.
E. Failure to display the license shall be grounds
for the suspension of the license to practice chiropractic
medicine until so displayed and shall subject the licensee to
the penalties for practicing without a license.
F. The board shall certify a chiropractic physician
as a level one certified advanced practice chiropractic
physician or a level two certified advanced practice
chiropractic physician when the chiropractic physician has
demonstrated completion of advanced coursework and met other
requirements established in the Chiropractic Physician Practice
Act and by rule of the board."
SECTION 5. Section 61-4-8 NMSA 1978 (being Laws 1968,
Chapter 3, Section 8, as amended) is amended to read:
"61-4-8. LICENSE WITHOUT EXAMINATION.--
A. The board shall issue a license without
examination to a chiropractic physician who is a graduate of a
[standard college of] chiropractic program accredited by an
agency recognized by the leading higher education accreditation
organization and has been licensed in another licensing
jurisdiction if the applicant holds a valid and unrestricted
license, is in good standing with the licensing board of the
.229020.1
- 9 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
other licensing jurisdiction and has practiced as a
chiropractor for at least two years immediately prior to
application in New Mexico. The board shall, as soon as
practicable but no later than thirty days after a person files
an application for a license accompanied by any required fees,
process the application and issue the expedited license in
accordance with Section 61-1-31.1 NMSA 1978. If the board
issues an expedited license to a person whose prior licensing
jurisdiction did not require examination, the board may require
that person to pass an examination before applying for license
renewal.
B. The board by rule shall determine the states and
territories of the United States and the District of Columbia
from which it will not accept an applicant for expedited
licensure and foreign countries from which it will accept an
applicant for expedited licensure. The board shall post the
lists of disapproved and approved licensing jurisdictions on
its website. The list of disapproved licensing jurisdictions
shall include the specific reasons for disapproval. The lists
shall be reviewed annually to determine if amendments to the
rule are warranted."
SECTION 6. A new section of the Chiropractic Physician
Practice Act is enacted to read:
"[NEW MATERIAL] PRIVILEGES AND OBLIGATIONS.--
A. Licensed chiropractic physicians shall observe
.229020.1
- 10 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
all health and hygiene laws and regulations of the state and
its political subdivisions and shall report births and deaths
to the proper authorities. Reports rendered by chiropractic
physicians shall be accepted by officers of departments or
agencies to which they are made.
B. It is the purpose of the Chiropractic Physician
Practice Act to grant to chiropractic physicians the right to
practice chiropractic medicine as taught and practiced in
accredited chiropractic programs and to entitle the holder of a
license the right to diagnose, palpate and treat injuries,
deformities and other physical or mental conditions for which
the chiropractic physician has been educated and trained in an
accredited institution of higher education by use of any
methods provided in the Chiropractic Physician Practice Act, as
provided in rules established and monitored by the board, but
excluding:
(1) the practice of operative surgery;
provided that a level two certified advanced practice
chiropractic physician may perform clinical procedures as
taught for primary care commensurate with the physician level
of whole person primary care;
(2) the prescription, administration,
injection or dispensing of dangerous drugs; provided that a
level one certified advanced practice chiropractic physician or
a level two certified advance practice chiropractic physician
.229020.1
- 11 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
may prescribe, administer, inject or dispense dangerous drugs;
and
(3) the practice of acupuncture."
SECTION 7. Section 61-4-9.1 NMSA 1978 (being Laws 2008,
Chapter 44, Section 1) is amended to read:
"61-4-9.1. ADVANCED PRACTICE CHIROPRACTIC CERTIFICATION
REGISTRY ESTABLISHED--INCLUSION OF LEVEL ONE AND LEVEL TWO
CERTIFIED ADVANCED PRACTICE CHIROPRACTIC PHYSICIANS .--The board
shall establish by rule the advanced practice chiropractic
certification registry. A chiropractic physician authorized by
the board to use the title "level one certified advanced
practice chiropractic physician" or "level two certified
advanced practice chiropractic physician" shall have
prescriptive authority for therapeutic and diagnostic purposes
as authorized by statute. Only a chiropractic physician
included in the advanced practice chiropractic certification
registry may use the title "level one certified advanced
practice chiropractic physician" or "level two certified
advanced practice chiropractic physician" , and it is unlawful
for a person to use the level one certified advanced practice
chiropractic physician title or the level two certified
advanced practice chiropractic physician title unless the
person is included in the advanced practice chiropractic
certification registry. [The advanced practice chiropractic
certification registry shall include a chiropractic physician
.229020.1
- 12 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
who applies for the designation and:
A. holds a chiropractic license in good standing;
B. has completed three years of post-graduate
clinical chiropractic practice or equivalent clinical
experience as established by the board;
C. has an advanced practice chiropractic
certification by a nationally recognized credentialing agency
providing credentialing and demonstrated competency by
examination and additionally, after December 31, 2012,
successful completion of a graduate degree in a chiropractic
clinical practice specialty;
D. has completed a minimum of ninety clinical and
didactic contact course hours in pharmacology, pharmacognosy,
medication administration and toxicology certified by an
examination from an institution of higher education approved by
the board and the New Mexico medical board; and
E. has completed annual continuing education for
advanced practice chiropractic physicians as set by the
board.]"
SECTION 8. A new section of the Chiropractic Physician
Practice Act is enacted to read:
"[NEW MATERIAL] ADVANCED PRACTICE CHIROPRACTIC
CERTIFICATION--LEVEL ONE.--
A. The board shall certify a chiropractic physician
as a level one certified advanced practice chiropractic
.229020.1
- 13 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
physician if a chiropractic physician submits an application
and documentation that the chiropractic physician:
(1) has successfully completed a minimum of
ninety clinical and didactic contact hours or competency
equivalent in pharmacology, pharmacognosy, medication
administration and management and toxicology certified by an
examination from an accredited institution of higher education;
and
(2) holds a license in good standing to
practice chiropractic medicine.
B. The board shall promulgate rules related to
practice as a level one certified advanced practice
chiropractic physician that provide for:
(1) the issuance, renewal, denial, suspension
or revocation of certification; and
(2) continuing education requirements that
shall include at least ten hours of continuing education per
year."
SECTION 9. A new section of the Chiropractic Physician
Practice Act is enacted to read:
"[NEW MATERIAL] ADVANCED PRACTICE CHIROPRACTIC
CERTIFICATION--LEVEL TWO.--
A. The board shall certify a chiropractic physician
as a level two certified advanced practice chiropractic
physician if a chiropractic physician submits an application
.229020.1
- 14 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and documentation that the chiropractic physician:
(1) has successfully completed a program of
supervised clinical rotation sponsored by a recognized
accredited institution of higher education that consists of
clinical and hands-on instruction of no fewer than five hundred
hours; and
(2) holds a license in good standing to
practice chiropractic medicine.
B. The board shall promulgate rules related to
practice as a level two certified advanced practice
chiropractic physician that provide for:
(1) continuing education requirements that
shall include at least twenty hours of continuing education per
year; and
(2) the issuance, renewal, denial, suspension
or revocation of certification.
C. A level one certified advanced practice
chiropractic physician may apply to the board for certification
as a level two certified advanced practice chiropractic
physician on a form prescribed by the board that contains
evidence satisfactory to the board that the applicant:
(1) holds a current license to practice
chiropractic medicine;
(2) holds certification by the board as a
level one certified advanced practice chiropractic physician;
.229020.1
- 15 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(3) has successfully completed a program of
supervised clinical rotation sponsored by a recognized
accredited institution of higher education that consists of
clinical and hands-on instruction of no fewer than five hundred
hours in the following core areas of instruction:
(a) clinical pharmacology;
(b) evidence-based clinical assessment;
(c) clinical pharmacotherapeutics;
(d) primary care case management; and
(e) patient safety and standards of
primary care;
(4) has professional liability insurance in
place during the clinical education that is sufficient to
satisfy the requirements established by rules of the board; and
(5) has obtained a declaration that the
applicant has the prescribed clinical experience from:
(a) a supervising physician, a certified
nurse practitioner or a level two certified advanced practice
chiropractic physician; and
(b) the accredited institution of higher
education where the applicant has successfully completed a
supervised clinical rotation pursuant to Paragraph (1) of
Subsection A of this section."
SECTION 10. Section 61-4-9.2 NMSA 1978 (being Laws 2008,
Chapter 44, Section 2, as amended) is amended to read:
.229020.1
- 16 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
"61-4-9.2. CERTIFIED ADVANCED PRACTICE CHIROPRACTIC
PHYSICIAN AUTHORITY [DEFINED ]--CLINICAL PROCEDURES AND
DANGEROUS DRUGS.--
A. A level one certified advanced practice
chiropractic physician may prescribe, administer, inject and
dispense herbal medicines, homeopathic medicines, over-the-
counter drugs, vitamins, carbohydrates, sugars, alcohols ,
minerals, enzymes, glandular products, protomorphogens, live
cell products, [gerovital ] amino acids, dietary supplements,
foods for special dietary use, bioidentical hormones, sterile
water, sterile saline, sarapin or its generic, caffeine,
[procaine] all dangerous drugs under the drug classes of
antispastics and antispasmodics, steroids, prescription-
strength nonsteroidal anti-inflammatory drugs, desiccated
thyroid extract, oxygen, epinephrine and vapocoolants and local
anesthetics, including procaine, lidocaine, carbocaine and
bupivacaine.
B. A [formulary that includes all substances listed
in Subsection A of this section, including compounded
preparations for topical and oral administration, shall be
developed and approved by the board. A formulary for injection
that includes the substances in Subsection A of this section
that are within the scope of practice of the certified advanced
practice chiropractic physician shall be developed and approved
by the board. Dangerous drugs or controlled substances, drugs
.229020.1
- 17 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
for administration by injection and substances not listed in
Subsection A of this section shall be submitted to the board of
pharmacy and the New Mexico medical board for approval. ] level
two certified advanced practice chiropractic physician may
prescribe, administer, inject and dispense dangerous drugs that
are used in a primary care practice commensurate with physician
level whole person primary care. "
SECTION 11. Section 61-4-15 NMSA 1978 (being Laws 1968,
Chapter 3, Section 14, as amended) is amended to read:
"61-4-15. EXEMPTIONS.--The Chiropractic Physician
Practice Act does not apply to:
A. any commissioned officer of the armed forces of
the United States in the discharge of [his ] official duties;
B. a [chiropractor] chiropractic physician who is
legally qualified to practice in the state or territory in
which [he] the chiropractic physician resides, when in actual
consultation with a licensed [chiropractor ] chiropractic
physician of this state; or
C. any bona fide student of any [standard ]
accredited chiropractic [college chiropractically analyzing and
adjusting the human body ] program who can diagnose and treat a
condition or disease process for which a chiropractic physician
has been educated and trained while under supervision of a
licensed [chiropractor ] chiropractic physician ."
- 18 -
.229020.1