A. A certified advanced practice chiropractic physician may prescribe, administer and dispense herbal medicines, homeopathic medicines, over-the-counter drugs, vitamins, minerals, enzymes, glandular products, protomorphogens, live cell products, gerovital, amino acids, dietary supplements, foods for special dietary use, bioidentical hormones, sterile water, sterile saline, sarapin or its generic, caffeine, procaine, oxygen, epinephrine and vapocoolants.
B. A formulary that includes all substances listed in Subsection A of this section, including compounded preparations for topical and oral administration, shall be developed and approved by the board. A formulary for injection that includes the substances in Subsection A of this section that are within the scope of practice of the certified advanced practice chiropractic physician shall be developed and approved by the board. Dangerous drugs or controlled substances, drugs for administration by injection and substances not listed in Subsection A of this section shall be submitted to the board of pharmacy and the New Mexico medical board for approval.
History: Laws 2008, ch. 44, § 2; 2009, ch. 260, § 1.
Delayed repeals. — For delayed repeal of this section, see 61-4-17 NMSA 1978.
The 2009 amendment, effective June 19, 2009, in Subsection A, after "homeopathic medicines" added "over-the-counter drugs", after "glandular products" deleted "naturally derived substances" and deleted the last sentence, which provided that a formulary shall be developed by the board; and added Subsection B.
Approval of formulary. — The board of chiropractic examiners is statutorily required to submit its formularies to the board of pharmacy and the medical board for prior approval to the extent the formularies include dangerous drugs, as defined in the New Mexico Drug, Device and Cosmetic Act, Chapter 26, Article 1 NMSA 1978, which include drugs for administration by injection. Int'l Chiropractors Ass'n v. N.M. Bd. of Chiropractic Exam'rs, 2014-NMCA-046.
Where the board of chiropractic examiners approved an advanced practice chiropractic formulary that included minerals and additional drugs to be administered by injection without obtaining the prior approval of the board of pharmacy and the medical board, the formulary violated the requirement of 61-4-9.2(B) NMSA 1978 that the formulary receive prior approval from the board of pharmacy and the medical board. Int'l Chiropractors Ass'n v. N.M. Bd. of Chiropractic Exam'rs, 2014-NMCA-046.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-4-1 - Short title. (Repealed effective July 1, 2028.)
Section 61-4-2 - Definitions. (Repealed effective July 1, 2028.)
Section 61-4-4 - Application requirements; evaluation. (Repealed effective July 1, 2028.)
Section 61-4-5 - Evidence of graduation; creditation of college. (Repealed effective July 1, 2028.)
Section 61-4-8 - License without examination. (Repealed effective July 1, 2028.)
Section 61-4-9 - Privileges and obligations. (Repealed effective July 1, 2028.)
Section 61-4-9.3 - Use of chiropractic name limited. (Repealed effective July 1, 2028.)
Section 61-4-10 - Refusal, suspension or revocation of license. (Repealed effective July 1, 2028.)
Section 61-4-11 - Criminal offender's character evaluation. (Repealed effective July 1, 2028.)
Section 61-4-12 - Penalties. (Repealed effective July 1, 2028.)
Section 61-4-13 - Annual renewal of license; fee; notice. (Repealed effective July 1, 2028.)
Section 61-4-15 - Exemptions. (Repealed effective July 1, 2028.)
Section 61-4-16 - Existing licensees. (Repealed effective July 1, 2028.)
Section 61-4-17 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)