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F I S C A L I M P A C T R E P O R T
SPONSOR Campos
ORIGINAL DATE
LAST UPDATED
1/27/06
2/10/06 HB
SHORT TITLE Amend Chiropractic Physician Practice Act
SB 201/aSPACaSJC
ANALYST McSherry
REVENUE (dollars in thousands)
Estimated Revenue
Recurring
or Non-Rec
Fund
Affected
FY06
FY07
FY08
Minimal
Minimal
Recurring Chiropractic
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to Senate Bill 202, “Rules for Non-Human Chiropractic Patients.”
SOURCES OF INFORMATION
LFC Files
Responses Received From
Regulation and Licensing Department (RLD)
SUMMARY
Synopsis of SJC Amendment
The Senate Judiciary Committee Amendment to Senate Bill 201 would remove provisions giving
the Chiropractic Board members, any representative appointed by the board, and any informants
to the board immunity from civil and/or criminal damages for actions taken in good faith.
Synopsis of SPAC Amendment
Senate Public Affairs Committee 201 as amended in the Public Affairs Committee changes the
original bill by:
•
Clarifies language to state that the Chiropractic Board would recognize successful com-
pletion of “the examination conducted by the National Board of Chiropractic Examiners.”
•
Provides
chiropractic fund payments be made on vouchers issued and signed by the Superinten-
dent of RLD rather than the secretary (original act) or secretary-treasurer (original bill) of the
board.
pg_0002
Senate Bill 201/aSPAC – Page
2
Synopsis of Original Bill
Senate Bill 201 proposes to amend the Chiropractic Practice Act by:
•
Removing the requirement that the board have examinations two times per year and that
the board notify all applicants for each exam.
•
Providing that the Chiropractic Board may use the services of a professional background
information service in order to evaluate an application for licensure
•
Allowing the Board to waive the required board-administered board for applicants if the
applicant has passed the national boards examination with at least a 75 percent and with
no section below 65 percent
•
Removing the requirement that the Board’s treasurer give bond of $5 thousand to be re-
turned upon faithful discharge of duties.
•
Provides for censure, reprimand, fine or probation in addition to the power to suspend or
revoke licensure for applicants convicted of felonies, guilty of fraudulent application, or
committing other offenses under the act.
•
Specifically exempts board members and representatives, and those reporting information
to the board in good faith from civil damages or criminal prosecution.
•
Provides that communication relating to disciplinary actions are confidential
FISCAL IMPLICATIONS
The only fiscal change this bill proposes is to remove the requirement that the Board treasurer
make a deposit of $5 thousand to the board when the position is assumed.
SIGNIFICANT ISSUES
According to the Chiropractic Board, the current statute requires all new graduates to pass the
National Board Examinations Parts I, II, III and IV and the physiotherapy portion as well as pass
the New Mexico Board practical examination, which is comparable to the National Board Ex-
aminations therefore placing additional roadblocks to licensure.
The Board asserts that it desires to set the established pass-fail rate for the national examination
in order to meet the Federal and National standards set by the profession for Chiropractic Physi-
cians. The National Board of Chiropractic Examiners (NBCE) is currently setting the standard
and has requested the Federation of Chiropractic Licensing Boards (FLCB) of which New Mex-
ico is a member to follow suite.
It is not clear what standard percent is currently held for national examination passage.
ADMINISTRATIVE IMPLICATIONS
Removing the requirement that the board must notify all applicants of every board examination
will reduce administrative workload for the board.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
Senate Bill 201 is related to Senate Bill 202, “Rules for Non-Human Chiropractic Patients”
pg_0003
Senate Bill 201/aSPAC – Page
3
TECHNICAL ISSUES
The Chiropractic Board proposes removing the section: 61-4-7. Disposition of funds, subsection
C: “Payments out of the chiropractic fund shall be made on vouchers issued and signed by the
(secretary) secretary-treasurer of the board upon warrants drawn by the department of fiancé and
administration in accordance with the budget approved by the department of finance and admini-
stration.” And replace it with C: “Payments out of the chiropractic fund shall be made on vouch-
ers issued and signed by the (secretary) secretary-treasurer of the board upon Regulation and
Licensing Department and warrants drawn by the department of fiancé and administration in
accordance with the budget approved by the department of finance and administration.”
The Board states that the current language is in direct conflict with the language that administra-
tively attaches the Board to RLD. 61-4-3 “Board created”
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
The current version of the Chiropractic Practice Act will remain in effect.
POSSIBLE QUESTIONS
1.
What is the opinion of the professional organization relating to the proposed changes.
2.
What is the current percentage required on the national chiropractic examination to
pass.
3.
How are the issues of confidentiality and liability currently handled for the Chiroprac-
tic Board.
4.
Is requiring the Superintendent of RLD to be the issuer and signatory for board pay-
ments standard practice for boards and commissions administratively attached to
RLD.
EM/mt