45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO HEALTH CARE; ENACTING THE NAPRAPATHIC PRACTICE ACT; PROVIDING FOR LICENSURE; ENACTING PENALTIES; ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.

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

Section 1. SHORT TITLE.--This act may be cited as the "Naprapathic Practice Act".

Section 2. DEFINITIONS.--As used in the Naprapathic Practice Act:

A. "applicant" means a person who is applying to be licensed for the first time as a naprapath in New Mexico;

B. "board" means the naprapathic practice board;

C. "department" means the regulation and licensing department;

D. "fund" means the naprapathy fund;

E. "license" means an authorization by the superintendent that permits a person to practice naprapathy in the state;

F. "licensee" means a person licensed by the superintendent as a naprapath;

G. "naprapath" means a person who practices naprapathy; and

H. "superintendent" means the superintendent of regulation and licensing.

Section 3. LICENSURE REQUIRED--EXCEPTIONS--REGISTRATION.--

A. No person shall practice naprapathy in the state without a valid license issued by the superintendent based on recommendations from the board.

B. A person who is a naprapath practitioner employed by a federal government facility or agency in New Mexico is not required to be licensed pursuant to the Naprapathic Practice Act, but is required to register with the board.

C. A person who is enrolled in a program approved by the superintendent to provide training for naprapaths or a person receiving continuing educational training to practice naprapathy is not required to be licensed or registered with the board.

D. A person teaching, advising or supervising students of naprapathy or teaching continuing education for naprapaths shall not practice naprapathy in New Mexico unless he is licensed by the board.

E. A person in the state to teach, advise or supervise naprapaths or students for less than one month may practice naprapathy if he is registered with the board as a teacher, advisor or supervisor and if the practice occurs in the course of his duties as a teacher, advisor or supervisor.

Section 4. PRACTICE OF NAPRAPATHY--DESCRIPTION.--

A. Naprapathic practice includes the diagnosis and treatment of persons with connective tissue disorders through the use of special techniques, review of case history, examination and palpation or treatment of a person by the use of connective tissue manipulation, therapeutic and rehabilitative exercise, postural counseling, nutritional counseling and the application or use of heat, cold, light, water, radiant energy, electricity, sound and air and assistive devices for the purpose of preventing, correcting or alleviating a physical disability.

B. A naprapath treats contractures, muscle spasms, inflammations, scar tissue formation, adhesions, lesions, laxity, hypotonicity, rigidity, structural imbalances, bruises, contusions, muscular atrophy and partial separation of connective tissue fibers.

C. Naprapathic practice may require the:

(1) performance of specialized tests and measurements;

(2) administration of specialized treatment procedures; and

(3) establishment and modification of naprapathic treatment programs.

D. A licensee may advise, supervise or teach another in the performance of naprapathy.

E. Naprapathic practice does not include surgery, pharmacology or invasive diagnostic testing. A naprapath who is not licensed as a physical therapist pursuant to the Physical Therapy Act shall not hold himself out as qualified to provide physical therapy or physiotherapy services. A naprapath who is not licensed pursuant to the Chiropractic Physician Practice Act may not hold himself out as qualified to perform chiropractic practices. Nothing in this section shall limit a naprapath from employing appropriate naprapathic techniques that a naprapath is educated and licensed to perform.

F. A naprapath shall refer to a licensed physician any patient whose medical condition should, at the time of evaluation or treatment, be determined to be beyond the scope of practice of the naprapath.

Section 5. EDUCATION--PROFESSIONAL QUALIFICATIONS.--

A. A person may be qualified to receive a license as a naprapath if that person:

(1) is at least twenty-one years of age;

(2) has graduated from a two-year college-level program or an equivalent program approved by the superintendent after consultation with the board;

(3) has completed a four-year academic curriculum in naprapathy, in not less than three calendar years, and the person has successfully completed one hundred thirty-two hours of academic credit, including sixty-six credit hours in basic science courses with emphasis on the study of connective tissue, and sixty-six credit hours in clinical science courses teaching naprapathic science, theory and application;

(4) has passed the national board of naprapathic examiners examination; and

(5) has met all other requirements of the Naprapathic Practice Act.

B. The superintendent or the board may require a personal interview with an applicant to evaluate that person's qualifications for a license.

Section 6. APPLICATION.--

A. An applicant for a license shall:

(1) complete and submit an application on a form furnished by the superintendent; and

(2) provide all of the information requested by the superintendent.

B. An applicant shall submit a nonrefundable application fee with his application.

Section 7. DESIGNATION AS NAPRAPATH.--

A. A person to whom a license as a naprapath has been issued by the superintendent is designated a "naprapath" and may use that title in connection with the practice of the profession of naprapathy.

B. A person licensed as a naprapath, who is a graduate of a program in naprapathy at a school approved by the superintendent, may use the title "doctor of naprapathy" or the letters "D.N." following the licensee's name, to indicate the licensee's professional status.

C. The superintendent shall adopt rules following hearings held by the board regarding the manner in which titles and other indicia of the profession may be used.

Section 8. LICENSE DISPLAY.--A licensee shall display his license and diplomas in his place of business in a location clearly visible to the naprapath's patients.

Section 9. BOARD--CREATION.--

A. The "naprapathic practice board" is created.

B. The board shall have five members who are residents of New Mexico, three of whom shall be naprapaths licensed in New Mexico or in another state.

C. Members shall be appointed by the governor for four-year terms. No member shall serve more than two terms, except that a person who is appointed to complete an unexpired term of a member of the board may also serve for two full terms.

D. Each member of the board shall serve until a replacement is appointed.

E. The board shall elect annually a chairman and other officers as determined by the board to be needed.

F. The board shall meet as often as necessary to conduct business, but shall meet not less than twice per calendar year. Meetings shall comply with the Open Meetings Act. Three members shall constitute a quorum.

G. Members of the board shall be reimbursed as are nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

Section 10. DUTIES OF THE BOARD.--

A. The board shall advise the superintendent regarding licensure of naprapaths, approval of naprapathy curricula, approval of degree programs in naprapathy and any other matters that are necessary to ensure the training and licensure of competent naprapaths.

B. The board shall hold hearings and develop rules for the superintendent to review and adopt:

(1) regulating licensure of naprapaths, the practice of naprapathy and establishing minimum qualifications and hours of clinical experience required for licensure as a naprapath;

(2) prescribing the manner in which records of examinations and treatments shall be kept and maintained;

(3) regarding professional responsibility and conduct;

(4) identifying disciplinary actions and circumstances that require disciplinary action;

(5) developing a means to provide information to all naprapaths licensed in the state;

(6) providing for the inspection of the business premises of a licensee when the board determines that an inspection is necessary;

(7) providing for the investigation of complaints against licensees or persons holding themselves out as practicing naprapathy in the state;

(8) publishing information for the public about licensees and the practice of naprapathy in the state;

(9) providing for an orderly process for reinstatement of a license;

(10) establishing criteria for acceptance of naprapathy credentials or licensure from another jurisdiction;

(11) providing criteria for advertising or promotional materials; and

(12) regarding any matter necessary to implement the Naprapathic Practice Act.

Section 11. LICENSE RENEWAL.--The superintendent shall review licenses for renewal annually and all licenses to be renewed shall be renewed on July 1. Applicants for license renewal shall submit:

A. a renewal application on a form developed by the superintendent;

B. a license renewal fee; and

C. proof of completion of continuing education requirements required by rule.

Section 12. LICENSE FEES.--The superintendent shall establish license and administrative fees, but no individual fee shall exceed one thousand dollars ($1,000).

Section 13. NAPRAPATHY FUND CREATED--USE--APPROPRIATION.--

A. The "naprapathy fund" is created in the state treasury.

B. All fees collected pursuant to the provisions of the Naprapathic Practice Act shall be deposited with the state treasurer. The state treasurer shall place the money to the credit of the fund.

C. Money in the fund is appropriated to the department to carry out the provisions of the Naprapathic Practice Act. Any unexpended or unencumbered balance remaining in the fund at the end of a fiscal year shall not revert to the general fund. Expenditures shall be made from the fund on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the superintendent.

Section 14. ADMINISTRATIVE HEARINGS.--Administrative hearings shall be conducted pursuant to the Uniform Licensing Act.

Section 15. OFFENSES--CRIMINAL PENALTIES.--A person who practices naprapathy without a license is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.

Section 16. VIOLATION--CIVIL PENALTIES.--The superintendent may fine any person who intentionally violates the provisions of the Naprapathic Practice Act up to one thousand dollars ($1,000) or may suspend or revoke the licensee's authority to practice naprapathy in New Mexico.