New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 8 - DISCIPLINARY PROCEEDINGS › Section 16.4.8.10 - GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall use the following as guidelines for
				  disciplinary action.
A.
"Gross
				incompetence"
or "gross negligence" means, but shall not be limited to,
				a significant departure from the prevailing standard of care in treating
				patients.
B.
"Unprofessional
				conduct"
means, but is not limited to because of enumeration:
(1) performing, or holding oneself out as
				able to perform, professional services beyond the scope of one's license and
				field or fields of competence as established by education, experience,
				training, or any combination thereof. This includes, but is not limited to, the
				use of any instrument or device in a manner that is not in accordance with the
				customary standards and practices of the chiropractic profession;
(2) representing to a patient that a
				manifestly incurable condition or sickness, disease or injury can be
				cured;
(3) willfully or negligently
				divulging a professional confidence;
(4) failure to release to a patient copies of
				that patient's records and x-rays;
(5) failure to seek consultation whenever the
				welfare of the patient would be safeguarded or advanced by consultation with
				individuals having special skills, knowledge, and experience;
(6) failure of a chiropractor to comply with
				and following advertising guidelines as set in
				16.4.1.12
				NMAC;
(7) failure to use
				appropriate infection control techniques and sterilization
				procedures;
(8) deliberate and
				willful failure to reveal, at the request of the board, the incompetent,
				dishonest, or corrupt practices of another chiropractor licensed or applying
				for licensure by the board;
(9)
				accept rebates, or split fees or commissions from any source associated with
				the service rendered to a patient;
(10) intentionally engaging in sexual contact
				with a patient other than his spouse during the doctor-patient
				relationship;
(11) the use of a
				false, fraudulent or deceptive statement in any document connected with the
				practice of chiropractic;
(12)
				fraud, deceit or misrepresentation in any renewal or reinstatement
				application;
(13) violation of any
				order of the board, including any probation order;
(14) failure to adequately supervise, as
				provided by board regulation, a chiropractic assistant or technician who
				renders care as a chiropractic assistant under 16.4.19 NMAC of these
				rules;
(15) cheating on an
				examination for licensure;
(16) is
				habitually intemperate or is addicted to the use of habit-forming drugs or is
				addicted to any vice to such a degree as to render him unfit to practice
				chiropractic;
(17) is guilty of
				failing to comply with any of the provisions of the Chiropractic Physician
				Practice Act (Chapter 61, Article 4 NMSA 1978) or rules and regulations
				promulgated by the board and filed in accordance with the State Rules Act
				(Chapter 14, Article 4 NMSA 1978);
(18) has been declared mentally incompetent
				by regularly constituted authorities or is manifestly incapacitated to practice
				chiropractic;
(19) has incurred a
				prior suspension or revocation in another state where the suspension or
				revocation of a license to practice chiropractic was based upon acts by the
				licensee similar to acts described in this section and by board
				rules;
(20) failure to report to
				the board within 90 days any adverse action taken after due process has been
				afforded to the licensee by:
(a) another
				licensing jurisdiction;
(b) any
				health care entity, not involving disputes over fees;
(c) any governmental agency, not involving
				disputes oversees;
(d) any court
				for acts or conduct similar to acts or conduct that would constitute grounds
				for action as defined in this section.
(21) failure to furnish the board, its
				investigators or representatives with information requested by the
				board;
(22) abandonment of
				patients;
(23) providing a false,
				materially incomplete, factually unsupported opinion or opinions which are not
				congruent with current teachings and standards of care as taught in CCE
				accredited chiropractic colleges in a peer review, records review, independent
				medical examination, or chiropractic examination.