The NMBCE Rules

The first set of regulations ( rules ) issued by the New Mexico Board of Chiropractic Examiners (NMBCE) reflected what was reported as the original intent of the legislation. ” A.     A chiropractic physician shall have the prescriptive authority to administer through injection and prescribe the compounding of substances that are authorized in the advanced practice formulary. Those with active registration are allowed prescription authority that is limited to the current formulary as agreed on by the New Mexico board of chiropractic examiners and as by statute, by the New Mexico board of pharmacy and the New Mexico medical board. ” NM Rules_March16 2009 ) The Medical Board however was not quite ready to approve injectibles based upon a lack of adequate education.

The new rules defined the Chiropractic Formulary in terms consistent with the stated intentions of the law as it was developed and promoted.  It reads:

D. “Chiropractic formulary” shall mean those substances that are natural or naturally derived that have been approved for use by the chiropractor registered in advanced practice by the chiropractic board and as by statute with consensus between the New Mexico medical board and New Mexico board of pharmacy.”
[16.4.15.7 NMAC – N, 3/31/2009] NM Rules_March16, 2009 )

It should be noted that the initial statute and the initial set of rules did not give APC’s the right to “prescribe drugs” but rather the right to prescribe “natural substances”.  Although the statutes did state that the APC’s had the right to inject substances, approval was never granted by the Medical Board for any injectable physical medicine therapies.

In 2011 the New Mexico Court of Appeals ruled that any substance, even natural ones, when injected became a “dangerous drug”.  To this day the new Mexico Medical Board has not approved the addition of any injectable substances to the Chiropractic Formulary and therefore it is still not legal for any chiropractor in the state of New Mexico to inject any substance, even the natural ones.

Formulary_Sept 11, 2009

 

 

 

Dr  Bill Doggett
Dr Bill Doggett
At the June 14, 2010 at a public hearing of the New Mexico Board of Chiropractic Examiners (NMBCE),  Dr. Bill Doggett explained that the Board had erred when it issued a letter to the practitioners authorizing the injection of substances listed in Part A of the statute based upon an interpretation that the phrase “administer”  included administration by injection. The NMBCE, in June 2010, agreed with the other Boards’ assertion that  “ANY substance intended to be injected, by law, becomes a DRUG.”   At the February 2010 meeting of the New Mexico Medical Board the recommendation for a Chiropractic Formulary was approved that expressly DID NOT include ANY injectables for Physical Medicine Therapies.  Click here to access the official minutes of that meeting.  Since the Board did not obtain approval from the Medical Board, the New Mexico Chiropractic Association introduced HB127 in 2011.  The proposal to remove the requirement for Medical Board oversight for injectables quickly became national news and a rallying point for both sides of the “chiropractic prescription drug” debate.  ( ICA IN Action Newsletter Sept. 12, 2012 )

 

 

Formulary2_July15_2010

 

Formulary3_Oct31_2011_Reversed

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