reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3B - Lactation Care Provider › Section 61-3B-3 - Board powers.

The board may:
A. enforce the provisions of the Lactation Care Provider Act in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] and promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to execute the provisions of the Lactation Care Provider Act;
B. license qualified applicants;
C. discipline licensees;
D. enforce qualification for licensure;
E. establish standards for licensee competence for continuing in or returning to practice based on approved certification;
F. issue orders relating to the practice of lactation care and services in accordance with the Uniform Licensing Act;
G. regulate licensee advertising and prohibit false, misleading or deceptive practices;
H. establish a code of conduct for licensees;
I. prepare information for the public that describes the regulatory functions of the board and the procedures by which complaints are filed with and resolved by the board; and
J. appoint a lactation care provider advisory committee consisting of at least one member who is a board member and at least two members who are experts in lactation to assist in the performance of the board's duties.
History:
Laws 2017, ch. 136, § 3; 1978 Comp., § 61-36-3, recompiled and amended as § 61-3B-3 by Laws 2022, ch. 39, § 21.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 21 recompiled and amended former 61-36-3 NMSA 1978 as 61-3B-3 NMSA 1978, effective May 18, 2022.
The 2022 amendment,
effective May 18, 2022, effective May 18, 2022, provided that the board of nursing shall enforce the provisions of the Lactation Care Provider Act in accordance with the Uniform Licensing Act and promulgate rules in accordance with the State Rules Act; and in Subsection A, after the first occurrence of "Lactation Care Provider Act", added "in accordance with the Uniform Licensing Act", after "promulgate rules", added "in accordance with the State Rules Act", and after "to execute the provisions of", deleted "that" and added "Lactation Care Provider Act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3B - Lactation Care Provider › Section 61-3B-4 - Licensure requirement; qualifications; exemptions from licensure.

A. An individual shall not use the title "licensed lactation care provider" unless that individual is a licensee.
B. An applicant for a license as a licensee shall:
(1) be at least eighteen years of age;
(2) submit an application completed upon a form that the board prescribes and in accordance with board rules, accompanied by fees required by board rules;
(3) possess current approved certification; and
(4) assist the board in obtaining the applicant's criminal history background check by:
(a) providing fingerprints on two fingerprint cards or other biometric data for the purpose of obtaining criminal history record information from the federal bureau of investigation or the department of public safety; and
(b) paying the cost of obtaining the fingerprints and criminal history background checks. An applicant shall have the right to inspect or challenge the validity of the record development by the background check if the applicant is denied licensure as established by board rule.
C. Nothing in the Lactation Care Provider Act shall be construed to affect or prevent the practice of lactation care and services by licensed care providers or other persons; provided that a person who is not a licensee shall not hold that person out or represent that person's self to be a licensed lactation care provider.
History:
Laws 2017, ch. 136, § 4; 1978 Comp., § 61-36-4, recompiled as § 61-3B-4 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-36-4 NMSA 1978 as 61-3B-4 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3B - Lactation Care Provider › Section 61-3B-5 - License fees; term; renewal.

A. Except as provided in Section 61-1-34 NMSA 1978, the board shall require each applicant for initial licensure or renewal of a license to pay a nonrefundable licensure fee that shall not exceed one hundred dollars ($100).
B. A license shall expire biennially from the date of initial licensure.
C. The board shall renew licenses only upon receipt of renewal of licensure fees and evidence of compliance with continuing education requirements.
History:
Laws 2017, ch. 136, § 5; 2020, ch. 6, § 61; 1978 Comp., § 61-36-5, recompiled as § 61-3B-5 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-36-5 NMSA 1978 as 61-3B-5 NMSA 1978, effective May 18, 2022.
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection A, added "Except as provided in Section 61-1-34 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3B - Lactation Care Provider › Section 61-3B-7 - Expedited license.

The board shall issue an expedited license to a person who holds a license in another licensing jurisdiction in accordance with Section 61-1-31.1 NMSA 1978 if the person holds a current approved certification or license in another licensing jurisdiction. 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 determine 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.
History:
Laws 2022, ch. 39, § 23.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-1 - Short title. (Repealed effective July 1, 2028.)

Chapter 61, Article 4 NMSA 1978 may be cited as the "Chiropractic Physician Practice Act".
History:
1953 Comp., § 67-3-9, enacted by Laws 1968, ch. 3, § 1; 1993, ch. 198, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
Cross references.
— For practice of chiropractic being unaffected by act relating to osteopathic medicine and surgery,
see
61-10-4 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, rewrote this section, which formerly read "This act may be cited as the 'Chiropractic Practice Act'."
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Evidence of confidential communications, 68 A.L.R. 177.
Kind or character of treatment which may be given by one licensed as chiropractor, 86 A.L.R. 630.
Competency as expert in personal injury action as to injured person's condition, medical requirements, nature and extent of injury and the like, 52 A.L.R.2d 1384.
Competency of physician or surgeon, of school of practice other than that to which defendant belongs, to testify in malpractice case, 85 A.L.R.2d 1022.
Liability of osteopath for medical malpractice, 73 A.L.R.4th 24.
Liability of chiropractors and other drugless practitioners for medical malpractice, 77 A.L.R.4th 273.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-4 - Application requirements; evaluation. (Repealed effective July 1, 2028.)

A. Each applicant for a license to practice chiropractic shall:
(1) make application on forms furnished by the board;
(2) submit evidence on oath satisfactory to the board that the applicant has reached the age of majority, has completed a preliminary education equal to the requirements for graduation from high school, is of good moral character and, after January 1, 1976, except for any student currently enrolled in a college of chiropractic, has completed two years of college-level study in an accredited institution of higher learning and is a graduate of a college of chiropractic that meets the standards of professional education prescribed in Section 61-4-5 NMSA 1978; and
(3) pay in advance to the board fees:
(a) for examination; and
(b) except as provided in Section 61-1-34 NMSA 1978, for issuance of a license.
B. In evaluating an application, the board may use the services of a professional background information service that compiles background information regarding applicants from multiple sources.
C. Each applicant for inclusion in the advanced practice chiropractic certification registry shall furnish materials and proof of education and training as established by rule of the board.
History:
1953 Comp., § 67-3-12, enacted by Laws 1968, ch. 3, § 4; 1973, ch. 35, § 1; 1973, ch. 237, § 1; 1978, ch. 114, § 1; 1983, ch. 187, § 2; 1993, ch. 198, § 4; 2006, ch. 18, § 2; 2008, ch. 44, § 9; 2020, ch. 6, § 11.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
Cross references.
— For age of majority,
see
28-6-1 NMSA 1978.
For the Parental Responsibility Act,
see
40-5A-1 NMSA 1978 et seq.
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection A, Subparagraph A(3)(b), added "except as provided in Section 61-1-34 NMSA 1978".
The 2008 amendment,
effective May 14, 2008, added Subsection C.
The 2006 amendment,
effective May 17, 2006, added Subsection B to provide that in evaluating applications, the board may use professional background information services.
The 1993 amendment,
effective June 18, 1993, rewrote Paragraphs (1) and (2) of Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 51 to 60.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 19.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-5 - Evidence of graduation; creditation of college. (Repealed effective July 1, 2028.)

In addition to the requirements prescribed in Section 61-4-4 NMSA 1978, all applicants for licensure who have matriculated at a chiropractic college after October 1, 1975 shall present evidence of having graduated from a chiropractic college having status with the accrediting commission of the council on chiropractic education or the equivalent criterion thereof.
History:
Laws 1968, ch. 3, § 5; 1953 Comp., § 67-3-13; Laws 1975, ch. 176, § 1; 1993, ch. 198, § 5.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, substituted "61-4-4 NMSA 1978" for "67-3-12 NMSA 1953" and made a stylistic change.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-7 - Disposition of funds; chiropractic fund created; method of payment. (Repealed effective July 1, 2028.)

A. There is created the "chiropractic fund".
B. All funds received by the board and money collected under the Chiropractic Physician Practice Act shall be deposited with the state treasurer. The state treasurer shall place the money to the credit of the chiropractic fund.
C. Payments out of the chiropractic fund shall be made on vouchers issued and signed by the superintendent of regulation and licensing upon warrants drawn by the department of finance and administration in accordance with the budget approved by the department of finance and administration.
D. All amounts paid into the chiropractic fund shall be subject to the order of the board and shall only be used for the purpose of meeting necessary expenses incurred in the performance of the purposes of the Chiropractic Physician Practice Act, the duties imposed by that act and the promotion of chiropractic education and standards in this state. All money unused at the end of the fiscal year shall remain in the chiropractic fund for use in accordance with the provisions of the Chiropractic Physician Practice Act to further its purpose.
E. All funds that may have accumulated to the credit of the board under any previous act shall be continued for use by the board in the administration of the Chiropractic Physician Practice Act.
F. The board shall, by rule, designate a portion of the annual licensing fee for the exclusive purposes of investigating and funding hearings regarding complaints against doctors of chiropractic.
History:
1953 Comp., § 67-3-15, enacted by Laws 1968, ch. 3, § 7; 1993, ch. 198, § 7; 2006, ch. 18, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
The 2006 amendment,
effective May 17, 2006, deleted the former requirements in Subsection C that the secretary of the board approve payments out of the chiropractic fund and required that the superintendent of regulation and licensing approve the payments and deleted former Subsection F, which required the treasurer of the board to give bond.
The 1993 amendment,
effective June 18, 1993, inserted "Physician" in the first sentence of Subsection B, in the first and second sentences of Subsection D, and in Subsection E; deleted "chiropractic" preceding "board" in Subsection E; added Subsection G; and made minor stylistic changes in Subsections D and E.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-9 - Privileges and obligations. (Repealed effective July 1, 2028.)

A. Licensed chiropractic physicians shall observe 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 chiropractors 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 chiropractors the right to practice chiropractic as taught and practiced in standard colleges of chiropractic and to entitle the holder of a license the right to diagnose, palpate and treat injuries, deformities and other physical or mental conditions relating to the basic concepts of chiropractic by use of any methods provided in the Chiropractic Physician Practice Act, as provided in rules and regulations established and monitored by the board, but excluding operative surgery and prescription or use of controlled or dangerous drugs as provided in rules and regulations established and monitored by the board.
History:
1953 Comp., § 67-3-17, enacted by Laws 1968, ch. 3, § 9; 1993, ch. 198, § 8.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
Cross references.
— For incorporation of chiropractors under Professional Corporation Act,
see
53-6-1 NMSA 1978 et seq.
The 1993 amendment,
effective June 18, 1993, inserted subsection designations; substituted "chiropractic physicians" for "chiropractors" in the first sentence of Subsection A; and in Subsection B, inserted "Physician" near the beginning and substituted the language beginning "Physician Practice Act, as provided in rules" for "Practice Act, such as by application of manipulative, manual and mechanical means, including all natural agencies imbued with the healing act, such as food, water, heat, cold, electricity and drugless appliances, but excluding operative surgery and prescription or use of drugs or medicine, except that X ray, analytical instruments and routine laboratory procedures, not involving the penetration of human tissues except for blood testing, may be used for the purpose of examination" at the end.
Chiropractic as healing art.
— Restriction of Section 59-18-19 (now Section 59A-22-32) NMSA 1978, prohibiting discrimination against an insured in the choice of a practitioner of the healing arts, applies to chiropractors. 1972 Op. Att'y Gen. No. 72-58.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 44, 132.
Kind or character of treatment which may be given by one licensed as chiropractor, 86 A.L.R. 630.
Limitation on right of chiropractors and osteopathic physicians to participate in public medical welfare programs, 8 A.L.R.4th 1056.
Scope of practice of chiropractic, 16 A.L.R.4th 58.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 6, 7.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-9.1 - Advanced practice chiropractic certification registry established. (Repealed effective July 1, 2028.)

The board shall establish by rule the advanced practice chiropractic certification registry. A chiropractic physician authorized by the board to use the title "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 certified advanced practice chiropractic physician, and it is unlawful for a person to use the 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 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.
History:
Laws 2008, ch. 44, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
Effective dates.
— Laws 2008, ch. 44 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 14, 2008, 90 days after the adjournment of the legislature.
Approval of educational requirements.
— Where the board of chiropractic examiners adopted a new rule that established additional training requirements for certified advanced practice chiropractic physicians that was not approved by the medical board and the medical board objected to the additional requirements because the hours did not appear to be sufficient, the adoption of the additional training requirements without medical board approval did not violate 61-4-9.1(D) NMSA 1978 because 61-4-9.1(D) NMSA 1978 requires the medical board to approve the institutions that provide the required educational hours to an advanced practice chiropractic physician, but it does not give the medical board authority to decline any other type of approval.
Int'l Chiropractors Ass'n v. N.M. Bd. of Chiropractic Exam'rs
, 2014-NMCA-046.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-9.2 - Certified advanced practice chiropractic physician authority defined. (Repealed effective July 1, 2028.)

A. A certified advanced practice chiropractic physician may prescribe, administer and dispense herbal medicines, homeopathic medicines, over-the-counter drugs, vitamins, 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, oxygen, epinephrine and vapocoolants.
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 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.
History:
Laws 2008, ch. 44, § 2; 2009, ch. 260, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in Subsection A, after "homeopathic medicines" added "over-the-counter drugs", after "glandular products" deleted "naturally derived substances" and deleted the last sentence, which provided that a formulary shall be developed by the board; and added Subsection B.
Approval of formulary.
— The board of chiropractic examiners is statutorily required to submit its formularies to the board of pharmacy and the medical board for prior approval to the extent the formularies include dangerous drugs, as defined in the New Mexico Drug, Device and Cosmetic Act, Chapter 26, Article 1 NMSA 1978, which include drugs for administration by injection.
Int'l Chiropractors Ass'n v. N.M. Bd. of Chiropractic Exam'rs
, 2014-NMCA-046.
Where the board of chiropractic examiners approved an advanced practice chiropractic formulary that included minerals and additional drugs to be administered by injection without obtaining the prior approval of the board of pharmacy and the medical board, the formulary violated the requirement of 61-4-9.2(B) NMSA 1978 that the formulary receive prior approval from the board of pharmacy and the medical board.
Int'l Chiropractors Ass'n v. N.M. Bd. of Chiropractic Exam'rs
, 2014-NMCA-046.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-9.3 - Use of chiropractic name limited. (Repealed effective July 1, 2028.)

The terms "chiropractor", "chiropractic physician" or "chiropractic" may be used only by persons licensed pursuant to the Chiropractic Physician Practice Act.
History:
Laws 2008, ch. 44, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
Effective dates.
— Laws 2008, ch. 44 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 14, 2008, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-11 - Criminal offender's character evaluation. (Repealed effective July 1, 2028.)

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Chiropractic Physician Practice Act.
History:
1953 Comp., § 67-3-18.1, enacted by Laws 1974, ch. 78, § 13; 1993, ch. 198, § 10.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, inserted "Physician".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-12 - Penalties. (Repealed effective July 1, 2028.)

A. Each of the following acts constitutes a misdemeanor punishable upon conviction by a fine of not less than fifty dollars ($50.00) or more than one thousand dollars ($1,000) or by imprisonment not to exceed one year, or both:
(1) practice of chiropractic or an attempt to practice chiropractic without a license;
(2) obtaining or attempting to obtain a license or practice in the profession for money or any other thing of value by fraudulent misrepresentation;
(3) willfully falsifying any oath or affirmation required by the Chiropractic Physician Practice Act;
(4) practicing or attempting to practice under an assumed name; or
(5) advertising or attempting to attract patronage in any unethical manner prohibited by the rules and regulations of the board.
B. Any second violation of the act constitutes a fourth degree felony.
History:
1953 Comp., § 67-3-19, enacted by Laws 1968, ch. 3, § 11; 1975, ch. 176, § 3; 1993, ch. 198, § 11.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, designated all of the provisions of this section as Subsection A and redesignated former Subsections A to E as Paragraphs (1) to (5) of that subsection; in Subsection A, substituted "or more than one thousand dollars ($1000)" for "nor more than five hundred dollars ($500)" and "one year" for "six months" in the introductory paragraph, inserted "Physician" in Paragraph (3), and made a minor stylistic change; and added Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 28, 53 to 57.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-13 - Annual renewal of license; fee; notice. (Repealed effective July 1, 2028.)

A. Except as provided in Section 61-1-34 NMSA 1978, a person licensed to practice chiropractic in this state shall, on or before July 1 of each year, pay to the board an annual fee set by regulation and shall submit proof of completion of continuing education requirements as required by the board. The board shall send written notice to every person holding a license prior to June 1 of each year, directed to the last known address of the licensee, notifying the licensee that it is necessary to pay the renewal fee as provided in the Chiropractic Physician Practice Act. Proper forms shall accompany the notice, upon which forms the licensee shall make application for the renewal of the license. The licensee is responsible for renewal of the license even if the licensee does not receive the renewal notice.
B. The board shall establish a schedule of reasonable fees for applications, licenses, renewals, placement or inactive status and administrative fees.
History:
1953 Comp., § 67-3-20, enacted by Laws 1968, ch. 3, § 12; 1977, ch. 109, § 2; 1978, ch. 114, § 2; 1983, ch. 187, § 4; 1993, ch. 198, § 12; 2020, ch. 6, § 12.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans, and made certain technical amendments; and in Subsection A, deleted "Any" and added "Except as provided in Section 61-1-34 NMSA 1978, a".
The 1993 amendment,
effective June 18, 1993, designated the provisions of this section as Subsection A; in Subsection A, deleted "in an amount not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for a certificate of renewal for his license to practice chiropractic" following "regulation" in the first sentence, inserted "Physician" in the second sentence, and added the final sentence; and added Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 26, 44, 56.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-14 - Failure to renew; cancellation; reinstatement; permissive temporary cancellation. (Repealed effective July 1, 2028.)

Any licensee who fails to comply with the requirements for renewal as set forth in Section 12 [61-4-13 NMSA 1978], shall, upon order of the board, forfeit his right to practice chiropractic in this state and his license and any certificates of renewal shall be cancelled. The board may reinstate him upon payment of all fees or penalties due and upon the presentation of evidence of attendance at educational programs as may be provided by rules and regulations of the board. Any person licensed to practice chiropractic in this state who desires to withdraw from active practice in this state may apply to the board for a temporary suspension of his license with the right to renew and reinstate his license upon a showing that he has paid his annual license renewal fee on or before the first day of July of each year, provided that no suspension shall be granted for a period of less than one year.
History:
1953 Comp., § 67-3-21, enacted by Laws 1968, ch. 3, § 13.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 79.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 38, 52.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-15 - Exemptions. (Repealed effective July 1, 2028.)

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 who is legally qualified to practice in the state or territory in which he resides, when in actual consultation with a licensed chiropractor of this state; or
C. any bona fide student of any standard chiropractic college chiropractically analyzing and adjusting the human body under supervision of a licensed chiropractor.
History:
1953 Comp., § 67-3-22, enacted by Laws 1968, ch. 3, § 14; 1993, ch. 198, § 13.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, inserted "Physician" in the introductory paragraph; deleted former Subsection D, exempting chiropractors residing on the border of an adjacent state; and deleted the former final paragraph authorizing regularly licensed physicians or surgeons who procure licenses to practice chiropractic to practice medicine, surgery and chiropractic.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-16 - Existing licensees. (Repealed effective July 1, 2028.)

Any person licensed as a chiropractor under any prior law of this state whose license is valid on the effective date of the Chiropractic Physician Practice Act shall be deemed as licensed under the provisions of the Chiropractic Physician Practice Act.
History:
1953 Comp., § 67-3-23, enacted by Laws 1968, ch. 3, § 15; 1993, ch. 198, § 14.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
Compiler's notes.
— The "effective date of the Chiropractic Practice Act", referred to in this section, is February 9, 1968, which is the effective date of Laws 1968, ch. 3.
The 1993 amendment,
effective June 18, 1993, inserted "Physician" in two places.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-17 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)

The chiropractic board is terminated on July 1, 2027 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Chiropractic Physician Practice Act until July 1, 2028. Effective July 1, 2028, the Chiropractic Physician Practice Act is repealed.
History:
1978 Comp., § 61-4-17, enacted by Laws 1979, ch. 77, § 2; 1981, ch. 241, § 18; 1985, ch. 87, § 3; 1991, ch. 189, § 6; 1997, ch. 46, § 4; 2003, ch. 428, § 3; 2009, ch. 96, § 3; 2015, ch. 119, § 3; 2021, ch. 50, § 2.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, extended the sunset date for the chiropractic board, and changed "July 1, 2021" to "July 1, 2027" and "July 1, 2022" to "July 1, 2028".
The 2015 amendment,
effective June 19, 2015, extended the termination date for the chiropractic board to July 1, 2021, and the repeal date to July 1, 2022.
The 2009 amendment,
effective July 1, 2009, extended the termination date to July 1, 2015 and the repeal date to July 1, 2016.
The 2003 amendment,
effective July 1, 2003, substituted "the Chiropractic Physician Practice Act" for "Chapter 61, Article 4 NMSA 1978" throughout the section, and in the first sentence substituted "2009" for "2003" and in the second and third sentences substituted "2010" for "2004".
The 1997 amendment,
effective June 20, 1997, substituted "2003" for "1997", substituted "2004" for "1998", and substituted "July 1, 2004, Chapter 61, Article 4 NMSA 1978" for "July 1, 1998 Article 4 of Chapter 61, NMSA 1978".
The 1991 amendment,
effective June 14, 1991, substituted "July 1, 1997" for "July 1, 1991" in the first sentence and substituted "July 1, 1998" for "July 1, 1992" in the second and third sentences.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5 - Dentistry (Repealed.) › Section 61-5-1 to 61-5-34 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 55, § 41 repealed 61-5-1 to 61-5-34 NMSA 1978, as enacted by Laws 1971, ch. 125, §§ 1, 3, 5, 12, 14 to 16, and 18 and 21; Laws 1974, ch. 78, § 14; Laws 1981, ch. 229, §§ 1 to 11; and Laws 1987, ch. 181, § 1; and as last amended by Laws 1976 (S.S.), ch. 2, § 1; Laws 1979, ch. 120, § 1; Laws 1981, ch. 230, §§ 1, 2, 4, and 6 to 8; Laws 1983, ch. 200, §§ 1 and 2; Laws 1985, ch. 130, § 1; and Laws 1991, ch. 189, §§ 7 and 8, relating to dentistry, effective July 1, 1994. For provisions of former sections,
see
the 1992 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
61-5A-1 to 61-5A-41 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-1 - Short title.

Chapter 61, Article 5A NMSA 1978 may be cited as the "Dental Health Care Act".
History:
Laws 1994, ch. 55, § 1; 2007, ch. 63, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed the statutory reference to the act.
Former dentistry act not monopolistic.
— Laws 1919, ch. 35, regulating dentistry, was not an attempt to confer a monopoly upon those able to comply with its conditions, as the conditions were just and reasonable.
State v. Culdice
, 1929-NMSC-007, 33 N.M. 641, 275 P. 371.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability of dentist for injury by X-ray, 41 A.L.R. 385.
Kind or character of treatment which may be given by one licensed as dentist, 86 A.L.R. 625.
Newspapers, magazines or radio broadcasting stations, practice of dentistry through, 114 A.L.R. 1506.
Dentist as physician or surgeon within statutes, 115 A.L.R. 261.
Dental hygienists, constitutionality, construction and application of statute regulating, 11 A.L.R.2d 724.
Regulation of prosthetic dentistry, 45 A.L.R.2d 1243.
Malpractice: duty and liability of anesthetist, 53 A.L.R.2d 142, 49 A.L.R.4th 63.
Liability of dentist for extending operation or treatment beyond that expressly authorized, 56 A.L.R.2d 695.
Duty and liability of dentist to patient, 11 A.L.R.4th 748.
Liability for dental malpractice in provision or fitting of dentures, 77 A.L.R.4th 222.
Liability of orthodontist for malpractice, 81 A.L.R.4th 632.
Coverage under medical and health insurance plans for services performed by dentists, oral surgeons, and orthodontists, 43 A.L.R.5th 657.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-2 - Repealed.

History:
Laws 1994, ch. 55, § 2; 2003, ch. 409, § 1; 2011, ch. 113, § 2; repealed by Laws 2019, ch. 107, § 18.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 107, § 18 repealed 61-5A-2 NMSA 1978, as enacted by Laws 1994, ch. 55, § 2, relating to purpose, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-5.1 - Non-dentist owner; employing or contracting for dental services.

A. A person, corporation or agency that desires to function as a non-dentist owner in New Mexico shall apply to the board for the proper license and shall adhere to the requirements, re-licensure criteria and fees as established by the rules of the board.
B. Unless licensed as a dentist or non-dentist owner, or as otherwise exempt from the licensing requirements of the Dental Health Care Act, an individual or corporate entity shall not:
(1) employ or contract with a dentist or dental hygienist for the purpose of providing dental or dental hygiene services as defined by their respective scopes of practice; or
(2) enter into a managed care or other agreement to provide dental or dental hygiene services in New Mexico.
History:
Laws 2003, ch. 409, § 12.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 409 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-6 - Certification of dental assistants, expanded-function dental auxiliaries and community dental health coordinators.

A. A certified dental assistant, an expanded-function dental auxiliary, a community dental health coordinator or a dental assistant certified in expanded functions shall be required to adhere to the educational requirements, examinations, recertification criteria and fees as established by rules and regulations of the board. The fee shall be the same for one or more expanded functions.
B. Certificates granted by the board may be revoked, suspended, stipulated or otherwise limited, and a certificate holder may be fined or placed on probation if found guilty of violation of the Dental Health Care Act.
C. No individual shall use the title "C.D.A." unless granted certification by the dental assistant national board.
D. Unless certified to practice as a dental assistant certified in expanded functions or an expanded-function dental auxiliary, no person shall:
(1) practice as a dental assistant certified in expanded functions as defined by rules of the board; or
(2) use the title or represent oneself as an assistant certified in expanded functions or an expanded-function dental auxiliary or use any title, abbreviation, letters, figures, signs or devices that indicate the person is a dental assistant certified in expanded functions or an expanded-function dental auxiliary.
History:
Laws 1994, ch. 55, § 6; 2011, ch. 113, § 7.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, included expanded-functional dental auxiliaries and community dental health coordinators within the scope of this section.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-6.1 - Expanded-function dental auxiliary; certification.

A. The board shall establish academic standards and criteria for certifying dental assistants, dental hygienists or other dental personnel to practice as expanded-function dental auxiliaries. Those standards and criteria shall include a formal curriculum and a certifying examination.
B. The board shall promulgate rules relating to the certification of expanded-function dental auxiliaries pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History:
Laws 2011, ch. 113, § 4.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 113 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-7 - Dental and dental hygiene districts created.

For the purpose of selecting members of the board and the committee, there are created five districts composed of the following counties:
A. district I: San Juan, Rio Arriba, Taos, Sandoval, McKinley and Cibola;
B. district II: Colfax, Union, Mora, Harding, San Miguel, Quay, Guadalupe, Santa Fe and Los Alamos;
C. district III: Bernalillo, Valencia and Torrance;
D. district IV: Catron, Socorro, Grant, Sierra, Hidalgo, Luna, Dona Ana and Otero; and
E. district V: Lincoln, De Baca, Roosevelt, Chaves, Eddy, Curry and Lea.
History:
Laws 1994, ch. 55, § 7; 2003, ch. 409, § 5.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, deleted "Santa Fe and Los Alamos" following "Cibola" at the end of Subsection A; in Subsection B, deleted "Curry" following "San Miguel" near the middle and added "Santa Fe and Los Alamos" at the end; and inserted "Curry" following "Eddy" near the end of Subsection E.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-11 - Ratification of committee recommendations.

A. The board shall ratify the recommendations of the committee unless the board makes a specific finding that a recommendation is:
(1) beyond the jurisdiction of the committee;
(2) an undue financial impact upon the board; or
(3) not supported by the record.
B. The board shall provide the necessary expenditures incurred by the committee and the board in implementing and executing the ratified recommendations.
History:
Laws 1994, ch. 55, § 11.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-13 - Dental hygienist licensure.

A. Applicants for licensure shall have graduated and received a degree from an accredited dental hygiene educational program that provides a minimum of two academic years of dental hygiene curriculum and is a post-secondary educational institution accredited by the joint commission on dental accreditation and shall have passed the written portion of the dental hygiene examination administered by the joint commission on national dental examinations of the American dental association or, if this test is not available, another written examination determined by the committee.
B. Applicants for licensure by examination shall be required, in addition to the requirements set forth in Subsection A of this section, to pass a written examination covering the laws and rules for practice in New Mexico. Each written examination shall be supplemented by a practical or clinical examination administered by the committee or its agents that reasonably tests the applicant's qualifications to practice as a dental hygienist. Upon an applicant passing the written and clinical examinations, the board, upon recommendation of the committee, shall issue a license to practice as a dental hygienist.
C. The board, upon the committee's recommendation, shall issue a license to practice as a dental hygienist by credentials without examination, including practical or clinical examination, to an applicant who is a duly licensed dental hygienist by examination under the laws of another state or territory of the United States and whose license is in good standing for the two previous years in that jurisdiction and if the applicant otherwise meets all other requirements of the Dental Health Care Act, including payment of appropriate fees and passing an examination covering the laws and rules pertaining to practice as a dental hygienist in New Mexico.
History:
Laws 1994, ch. 55, § 13; 1999, ch. 292, § 3; 2003, ch. 409, § 10.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, in Subsection A substituted "degree" for "diploma" following "and received a" near the beginning and substituted "joint" for "American dental association" following "accredited by the" near the middle; and inserted "for the two previous years" following "is in good standing" near the middle of Subsection C.
The 1999 amendment,
effective June 18, 1999, in Subsection A substituted "shall have" for "must have" near the beginning and inserted "shall" before "have passed" near the middle; in Subsection B, substituted "requirements set forth in Subsection A" for "provisions of Subsection A" and deleted "also" before "pass a written", and substituted "rules" for "regulations", and rewrote Subsection C.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-13.1 - Dental therapist licensure; requirements.

A. The board shall license as a dental therapist any individual who, in accordance with board rules:
(1) provides evidence of licensure as a dental hygienist;
(2) provides evidence of having graduated and received a degree from a dental therapy education program accredited by the commission on dental accreditation;
(3) has passed a written examination covering the statutes and rules relating to the practice of dental therapy in the state within a time frame established in board rules;
(4) has passed a practical or clinical examination on the practice of dental therapy administered by the board or its agent that reasonably tests the individual's skill in practicing dental therapy; and
(5) has paid any requisite fees and complied with any other reasonable requirements for licensure as a dental therapist that the board has established by rule.
B. No dentist shall supervise more than three dental therapists at any one time.
History:
Laws 2019, ch. 107, § 9.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 107, § 19 made Laws 2019, ch. 107, § 9 effective June 14, 2019.
Temporary provisions.
— Laws 2019, ch. 107, § 17 provided that the department of health shall conduct an outcome report on the first five years of dental therapy practice in the state pursuant to this 2019 act. At a date five years following the date of the first issuance of a license to practice dental therapy in the state, the department of health shall consult with the New Mexico board of dental health care, the New Mexico dental hygienists' association and the New Mexico dental association to compile and issue a report to the legislative health and human services committee of the department's findings and recommendations regarding dental therapy, including:
A. its efficacy, effectiveness and cost;
B. its impact on access to dental health care;
C. the distribution of dental therapists statewide;
D. demographic representation among dental therapists;
E. issues related to supervision of dental therapists and their scope of practice;
F. evaluation of services delivered under indirect supervision; and
G. evaluation of services delivered under general supervision for recommendation to indirect supervision.