It is
REPORTED HERE that "acting on behalf of concerned members in New Mexico and out of concern for the integrity and credibility of the chiropractic profession at large, on December 21, 2011 the International Chiropractors Association (ICA) filed an extensive memorandum in
support of a motion to stay what is being held to be illegal actions on the part of that
state’s Board of Chiropractic Examiners."
"In its memorandum of explanation, ICA’s attorneys argued that it was important for the court to carefully consider the urgent issues of the letter of the law and the protection of both the public and chiropractic practitioners and prevent the “New Mexico Board of Chiropractic Examiners from implementing its new rule establishing an advanced practice formulary to include dangerous drugs and drugs to be administered by injection…and implementing its
new rules establishing a certain course of training to certify advanced practice
chiropractic physicians to administer and prescribe dangerous drugs and drugs to be
administered by injection” because such actions were outside their authority under
the law."
"On August 30, 2011, at an official rulemaking hearing and meeting, the New Mexico
Chiropractic Board adopted new rules to greatly expand the chiropractic formulary to
include certain dangerous drugs and drugs to be administered by injection that had
not been approved by either the New Mexico Medical or Pharmacy Boards as
specifically required by state law. At that same hearing, lawyers representing the
State of New Mexico were very clear in their advice that the Board was acting
outside their authority and should not proceed. The Chiropractic Board ignored
those admonitions and acted to adopt a new formulary anyway."
"ICA representatives were present at both the August and December Board meetings
and, in concert with New Mexico DCs, urged the Board to act only within the rules
established by statute but to no avail. At their meeting of December 13, 2011, the
New Mexico Chiropractic Board denied all requests to stay the implementation of the
new rules pending appeal. ICA received official documentation of the New Mexico
Chiropractic Board’s official denial of a request to stay the controversial rules on
January 5, 2012. Having exhausted all administrative remedies, ICA is seeking the
protection of the courts in the face of the Board’s questionable actions."
"ICA’s attorneys filed the extensive memorandum of December 21, 2011 to document
the urgent need for a court-ordered stay to stop the inappropriate Board actions as
the evidence shows that the New Mexico Chiropractic Board knowingly violated the
terms of the law and citizens and practitioners alike are clearly at risk as a result.
ICA has taken this extraordinary step to help prevent a serious unraveling of public
confidence in the chiropractic profession and severe damage to the credibility of the
chiropractic regulatory process in New Mexico. 'The public must have absolute
confidence that the process of licensing and regulating the practice of chiropractic in
all states has been undertaken with complete honesty and meticulous care to obey
not only the letter but the spirit of the law as established by state legislatures' said
ICA President Dr. Gary L. Walsemann."
"ICA has also filed a motion to combine its suit to stay the Chiropractic Board’s
questionable actions with similar suits filed by New Mexico’s Attorney General on
behalf of that state’s medical and pharmacy boards."