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.”
[126.96.36.199 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.