45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO HEALTH CARE; ENACTING THE ALTERNATIVE HEALTH CARE CLIENT BILL OF RIGHTS ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Alternative Health Care Client Bill of Rights Act".

Section 2. DEFINITIONS.--As used in the Alternative Health Care Client Bill of Rights Act:

A. "alternative health care" means the broad domain of complementary and alternative health care practices.

(1) "Alternative health care" includes:

(a) acupressure;

(b) anthroposophy;

(c) aromatherapy;

(d) ayurveda;

(e) culturally traditional healing practices;

(f) detoxification practices and therapies;

(g) energetic healing;

(h) polarity therapy;

(i) folk practices;

(j) healing practices utilizing food, food supplements, nutrients and the physical forces of heat, cold, water, touch and light;

(k) Gerson therapy and colostrum therapy;

(l) healing touch;

(m) herbology or herbalism;

(n) homeopathy;

(o) nondiagnostic iridology;

(p) body work, massage and massage therapy;

(q) meditation;

(r) mind-body healing practices;

(s) naturopathy;

(t) noninvasive instrumentalities; and

(u) traditional Oriental practices, such as Qi Gong energy healing.

(2) "Alternative health care" does not include surgery, x-ray radiation, administering or dispensing legend drugs or controlled substances, providing a medical diagnosis, recommending discontinuance of medically prescribed treatment, practices that invade the human body by puncture of the skin, setting fractures, the use of medical devices, any practice included in the practice of dentistry, manipulation or adjustment of articulations of joints or the spine;

B. "alternative health care practitioner" means a person who practices alternative health care for compensation or is holding oneself out to the public as a practitioner of alternative health care and:

(1) is not licensed or registered by a health-related licensing board under Chapter 61 NMSA 1978; or

(2) is licensed or registered by a health-related licensing board under Chapter 61 NMSA 1978 other than the New Mexico board of medical examiners, the New Mexico board of dental health care, the chiropractic board or the board of podiatry but does not hold oneself out to the public as being licensed or registered when engaging in alternative health care; and

C. "department" means the department of health.

Section 3. REGISTRATION REQUIRED--RESTRICTIONS.--

A. No person shall practice alternative health care without a registration certificate issued by the department.

B. An alternative health care practitioner shall not provide a medical diagnosis or recommend discontinuance of a medically prescribed treatment.

Section 4. ALTERNATIVE HEALTH CARE CLIENT BILL OF RIGHTS.--

A. An alternative health care practitioner shall provide to each alternative health care client prior to providing treatment a written copy of the alternative health care client bill of rights. A copy must also be posted in a prominent location in the office of the alternative health care practitioner. Reasonable accommodations shall be made for those clients who cannot read or who have communication impairments and those who do not read or speak English. The alternative health care client bill of rights shall include:

(1) the name, alternative health care title, business address and telephone number of the alternative health care practitioner;

(2) the degrees, training, experience or other qualifications of the practitioner regarding the alternative health care being provided, followed by the following statement in bold print:

"THE STATE OF NEW MEXICO HAS NOT ADOPTED ANY EDUCATIONAL OR TRAINING STANDARDS FOR ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.

Under New Mexico law, an alternative health care practitioner may not provide a medical diagnosis or recommend discontinuance of medically prescribed treatments. If a client desires a diagnosis from a licensed physician, chiropractor or any other licensed health care provider authorized to diagnose, or services from a physician, chiropractor, nurse, osteopath, physical therapist, dietitian, nutritionist, acupuncture practitioner or any other type of health care provider, the client may seek such services at any time.";

(3) the name, business address and telephone number of the practitioner's supervisor, if any;

(4) notice that an alternative health care client has the right to file a complaint with the practitioner's supervisor, if any, and the procedure for filing complaints;

(5) the name, address and telephone number of the department and notice that a client may file complaints with the department;

(6) the practitioner's fees per unit of service, the practitioner's method of billing for such fees, the names of any insurance companies that have agreed to reimburse the practitioner, the names of any health maintenance organizations with whom the practitioner contracts to provide service, whether the practitioner accepts medicare, medical assistance or general assistance medical care and whether the practitioner is willing to accept partial payment or to waive payment and in what circumstances;

(7) a statement that the client has a right to reasonable notice of changes in services or charges;

(8) notice that the client has a right to complete and current information concerning the practitioner's assessment and recommended service that is to be provided, including the expected duration of the service to be provided;

(9) a statement that clients may expect to be treated courteously at all times;

(10) a statement that client records are confidential, unless release of the records is authorized in writing by the client, or otherwise provided by law;

(11) a statement of the client's right to be allowed access to records and written information from records in accordance with state law;

(12) a statement that the client has the right to choose freely among available practitioners and to change practitioners after services have begun, within the limits of health insurance, medical assistance or other health programs; and

(13) a statement that the client has a right to a coordinated transfer when there will be a change in the provider of services.

B. Prior to the provision of service, an alternative health care client shall sign a written statement attesting that the client has received the alternative health care client bill of rights.

Section 5. DEPARTMENT--DUTIES.--The department shall:

A. adopt such rules as are necessary to carry out the provisions of the Alternative Health Care Client Bill of Rights Act;

B. register alternative health care practitioners. The department may charge such registration fees as are necessary to defray expenses incurred pursuant to the Alternative Health Care Client Bill of Rights Act;

C. maintain a file containing reports and complaints filed against registered alternative health care practitioners and unregistered persons practicing alternative health care. The department shall investigate each complaint and, in response to a complaint, may review the practice of an alternative health care practitioner; and

D. enforce the provisions of the Alternative Health Care Client Bill of Rights Act.

Section 6. ABUSE OR NEGLECT OF MINORS.--Nothing in the Alternative Health Care Client Bill of Rights Act restricts the ability of the state, or any of its political subdivisions or agencies, from taking action regarding the abuse or neglect of children pursuant to the Abuse and Neglect Act. A parent or guardian who obtains alternative health care for the parent or guardian's minor child is not relieved of the duty to seek necessary medical care in accordance with state law. An alternative health care practitioner who is providing services to a child has a duty to report pursuant to Section 32A-4-3 NMSA 1978.

Section 7. CIVIL PENALTY.--The department may impose a civil penalty upon an alternative health care practitioner who violates any provision of the Alternative Health Care Client Bill of Rights Act or a rule adopted pursuant to that act. The civil penalty shall not exceed one hundred dollars ($100) per violation.

Section 8. APPLICATION OF OTHER LAWS.--The provisions of Chapter 61 NMSA 1978 relating to the licensing of health care practitioners do not apply to, control, prevent or restrict the practice, service or activities of an alternative health care practitioner practicing pursuant to the Alternative Health Care Client Bill of Rights Act.

Section 9. APPLICATION OF ACT.--The Alternative Health Care Client Bill of Rights Act does not apply to, control, prevent or restrict the practice, service or acts of marketing or distributing food products, including dietary supplements as defined in the federal Dietary Supplement Health and Education Act of 1994, educating customers about such products or explaining the use of such products.