Unlicensed Health Care Practice Act

House Bill 0664 [PDF]

Complaint Form [DOC] This Word document will open in your word processor, allowing you to fill it out using your computer.

A complementary and alternative health care practitioner (CAHCP) who is not licensed, certified or registered in New Mexico as a health care practitioner shall not be in violation of any licensing law relating to health care services pursuant to Chapter 61 NMSA 1978 unless that individual:

  1. Engages in any activity prohibited in the Unlicensed Health Care Practice Act; or
  2. Fails to fulfill the duties set forth in the Unlicensed Health Care Practice Act.

A CAHCP is defined as the broad domain of complementary and alternative healing methods and treatments including:

  • Anthroposophy
  • Aromatherapy
  • Ayurveda
  • Culturally traditional healing practices, including practices by a curandera, sobadora, partera, medica and arbolaira, and healing traditions, including plant medicines and foods, prayer, ceremony and song
  • Detoxification practices and therapies
  • Energetic healing
  • Folk practices
  • Gerson therapy and colostrum therapy
  • Healing practices utilizing food, dietary supplements, nutrients and the physical forces of heat, cold, water, touch and light
  • Healing touch
  • Hhomeopathy
  • Meditation
  • Mind-body healing practices
  • Naturopath
  • Nondiagnostic iridology
  • Noninvasive instrumentalities
  • Polarity therapy
  • Holistic kinesiology and other muscle testing techniques

However, the following individuals are prohibited from providing complementary and alternative health care services:

  • Former health care practitioners whose license, certification or registration has been revoked or suspended by any health care board and not reinstated
  • Individuals convicted of a felony for a crime against a person who have not satisfied the terms of the person's sentence as provided by law
  • Individuals convicted of a felony related to health care who have not satisfied the terms of the person's sentence as provided by law
  • Individuals who have been deemed mentally incompetent by a court of law

A CAHCP shall not:

  • Perform surgery on an individual
  • Set fractures on an individual
  • Administer x-ray radiation to an individual
  • Prescribe or dispense dangerous drugs or controlled substances to an individual
  • Directly manipulate the joints or spine of an individual
  • Physically invade the body except for the use of non-prescription topical creams, oils, salves, ointments, tinctures or any other preparations that may penetrate the skin without causing harm
  • Make a recommendation to discontinue current medical treatment prescribed by a licensed health care practitioner
  • Make a specific conventional medical diagnosis
  • Have sexual contact with a current patient or former patient within one year of rendering service
  • Falsely advertise or provide false information in documents required by the Unlicensed Health Care Practice Act
  • Illegally use dangerous drugs or controlled substances
  • Rreveal confidential information of a patient without the patient's written consent
  • Engage in fee splitting or kickbacks for referrals
  • Refer to the practitioner's self as a licensed doctor or physician or other occupational title pursuant to Chapter 61 NMSA 1978
  • Perform massage therapy on an individual pursuant to the Massage Therapy Practice Act

Prior to rendering services a CAHCP must provide a Patient Information Document, either in writing in plain language that the patient understands or, if the patient cannot read, orally in a language the patient understands.

The CAHCP must also obtain written acknowledgement from the patient stating that the patient has been provided a copy of the Patient Information Document. If the patient cannot write, an oral acknowledgment witnessed by a third party must be obtained.

The patient must be provided with a copy of the written acknowledgment and the CAHCP must maintain the signed acknowledgement for a minimum of three years.

The Patient Information Document must contain the following:

  • The CAHCP's name, title, business address and telephone number
  • A statement that the CAHCP is not a health care practitioner licensed by the state of New Mexico;
  • A statement that the treatment to be provided by the CAHCP is complementary or alternative to health care services provided by health care practitioners licensed by the state of New Mexico
  • The nature and expected results of the services to be provided
  • The CAHCP’s degrees, education, training, experience or other qualifications regarding the services to be provided
  • The fee per unit of service and method of billing for such fees and a statement that the patient has a right to reasonable notice of changes in services or charges
  • A notice that the patient has a right to complete and current information concerning the CAHCP’s assessment and recommended services that are to be provided, including the expected duration of the services to be provided and the patient's right to be allowed access to the patient's records and written information from the patient's records
  • A statement that patient records and transactions with the CAHCP are confidential unless the release of these records is authorized in writing by the patient or otherwise provided by law
  • A statement that the patient has a right to coordinated transfer when there will be a change in the provider of services
  • The name, address and telephone number of the Regulation and Licensing Department and notice that a patient may file complaints with the department

In order to file a complaint with the Regulation and Licensing Department related to the practice of a complimentary or alternative health care practitioner, download and complete the compliant form, have it notarized and submit it to the department.

Regulation and Licensing Department
Complimentary and Alternative Health Care
2550 Cerrillos Road
Santa Fe, New Mexico 87501
(505) 476-4600

Mailing Address
P.O. Box 25101
Santa Fe, New Mexico 87504