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UPDATED DOCUMENTS - URGENT: Action Needed to Stop Drugs and Surgery in New Mexico

14 Feb 2013 12:40 AM | DaVinci Group (Administrator)


UPDATED DOCUMENTS at the Bottom of this Update

To: Da Vinci Group Members

From: Gerard W. Clum, D.C., Chair, Steering Committee

Re: New Mexico Senate Bill 471



On Friday, February 8, 2013 NM SB 471 was introduced by New Mexico State Senator Cisco McSorley. The bill is a follow-on effort to the failed HB 127 from the previous legislative session in New Mexico that sought to extend prescription rights to chiropractors in New Mexico. Unfortunately the drug proponents in New Mexico have not only returned with another bill they have increased the breadth of the bill to convert chiropractic  to chiropractic medicine and to potentially provide chiropractor’s with prescription rights including Schedule III to Schedule V drugs and to provide for surgical authority as well.

Please carefully consider the impact of the following provisions of this ill-conceived legislation pending in New Mexico:

“…the prescribing and administering of all natural agents …..the selling of  herbs herbal medicine, nutritional supplementsmedicine and homeopathic remedies medicine; the administering of a drug by injection… any necessary diagnostic procedure  excluding invasive procedures.”

Implications: Chiropractors in New Mexico could perform spinal taps, could aspirate a joint, could perform needle EMGs etc

 “Except as provided by the board by rule and regulation. It "chiropractic medicine"  shall exclude operative surgery  and  the prescription or use of controlled  or dangerous drugs; and the practice of acupuncture substances, except where permitted by statute or rule;

Implications: The New Mexico Board of Chiropractic Examiners could adopt rules to provide for surgical responsibilities for chiropractors and the prescription of the vast majority of pharmaceutical products.

 “It is the purpose of the Chiropractic Physician Practice Act…the right to practice chiropractic  medicine  as taught and practiced in standard accredited  colleges of chiropractic ….by use of any methods provided in the Chiropractic Physician Practice Act, as provided in rules  and regulations  established and monitored by the board  but excluding operative surgery and prescription or use of controlled or dangerous drugs as provided in rules and regulations established and monitored by the board."

Implications: A chiropractor can use any method pharmaceutical or surgical approved by the Board

“…chiropractic physician with a prescription certificate may prescribe, administer and dispense legend drugs or controlled substances included in Schedules III through V of the Controlled Substances Act.

Implications: Schedule III drugs include: Stimulants, narcotics, depressants, steroids and hallucinogens, including hydrocodone, anabolic steroids, barbiturates etc.

“The board may refuse to issue or may suspend or revoke any license…upon the grounds that the licensee or applicant..(a) procuring, aiding or abetting a criminal abortion;”

Implications: Participating in a non-criminal abortion could be acceptable under Board rules providing for the same


The arguments offered in the previous legislation in favor of injectable products were expressed as being related to nutritional supplementation and providing the ability to remove patients from drugs. The profession is now faced not only with the advent of prescription rights for dangerous controlled substances but also the potential for surgical procedures to become a part of the practice of chiropractic.

Status of the Legislation:

The bill has been introduced with a single sponsor into the New Mexico Senate. It has been assigned to the Public Affairs Committee and the Judiciary Committee of the Senate. The bill will in all likelihood be considered in that order. There is no companion bill in the New Mexico House, although the bill submission deadline is February 14, 2013.

This bill could move in the Public Affairs Committee as early as Saturday, February 16, 2013

Immediate Actions Needed:

Telephone calls requesting opposition to S 471 to the offices of members of the New Mexico Senate Public Affairs Committee and the New Mexico Senate Judiciary Committee are essential.


--If you are from New Mexico call every member of both committees and make sure they know you are a New Mexico voter.


--If you are not from New Mexico be honest if asked if you are a New Mexico voter and convey the danger that this precedent represents for the public across the country


New Mexico Senate Public Affairs Committee:

   Senator Gerald Ortiz y Pino, Chair-D             505.986.4482

   Senator Bill B. O'Neill, Vice Chair-D               505.986.4260

   Senator Jacob R. Candelaria, Member-D      505.986.4391

   Senator Ron Griggs, Member-R                      505.986.4276 

   Senator Daniel A. Ivey-Soto, Member-D       505.986.4270

   Senator Timothy M. Keller, Member-D         505.986.4726

   Senator Gay G. Kernan, Member-R                505.986.4274

   Senator C. W. Brandt, Ranking Member-R    505.986.4267


Talking Points for Opposition:

·      Exposes to public to risk by undertrained providers with respect to drug use

·      Allows for procedures for which that there was no training in professional education

·      Confusing to the public as to who they are going to for what with use of the term chiropractic medicine

·      Stands only to add to drug overuse epidemic in New Mexico


This situation demands your immediate response and action - don’t delay and don’t leave it up to someone else to address this critical matter affecting the future of the chiropractic profession.


Here is additional background information on the bill and matters related to it. (Click Links to Download)

A Copy of NM SB  0471 Official Version   UPDATED DOCUMENT

NB SB 0471 Fiscal Impact

DaVinci Analysis of the Bill   

Curricular information from National University of Health Sciences and University of Western States about the courses they plan to offer to support the intent of this legislation

National University Application
University of Western States 1
University of Western States 2
University of Western States 3

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