Narrative Opinion Summary
The case involves an appeal concerning the New Mexico Board of Chiropractic Examiners' adoption of the 2011 advanced practice chiropractic formulary and new educational training rules. Appellants, including the International Chiropractors Association and the New Mexico Pharmacy and Medical Boards, challenged the formulary, arguing it violated the Chiropractic Physician Practice Act by not securing necessary approvals from the Pharmacy and Medical Boards. The Court annulled the 2011 formulary due to the absence of such approvals, underscoring the requirement under Section 61-4-9.2(B) for board approvals for dangerous drugs and injectable substances to ensure public health and safety. However, the Court upheld the educational training rules, finding no statutory violations. The Chiropractic Board had argued its interpretation allowed independent formulary adoption, but the Court interpreted the statutory language as necessitating joint approval to preserve regulatory coordination. The decision reinforces legislative intent to protect public health through collaborative oversight among the Chiropractic, Pharmacy, and Medical Boards.
Legal Issues Addressed
Chiropractic Board's Authority to Develop Formulariessubscribe to see similar legal issues
Application: The Chiropractic Board has the authority to develop formularies for advanced practice chiropractic physicians, but such formularies must be approved by the Pharmacy and Medical Boards if they include dangerous drugs.
Reasoning: In 2008, legislative language clearly mandated that the Pharmacy and Medical Boards must approve formularies from the Chiropractic Board for public health and safety.
Educational Requirements for Advanced Practice Chiropractic Physicianssubscribe to see similar legal issues
Application: The Court found no issues with the training rule, indicating it did not violate statutory provisions, despite objections from the Medical Board regarding insufficient training hours.
Reasoning: The court found no issues with the training rule and clarified that the Medical Board's approval of educational requirements does not grant it the authority to reject separate formularies proposed by the Chiropractic Board based on perceived inadequacies in training.
Requirement for Approval under Section 61-4-9.2(B)subscribe to see similar legal issues
Application: The 2011 formulary adopted by the Chiropractic Board, which included injectable minerals and drugs, required approval from both the Pharmacy and Medical Boards, which was not obtained.
Reasoning: The court concluded that the 2011 formulary, which included injectable minerals and drugs, violated the requirement for approval from both the Pharmacy Board and the Medical Board, leading to the annulment of the 2011 formulary.
Statutory Interpretation and Legislative Intentsubscribe to see similar legal issues
Application: The Court emphasized the necessity of interpreting Section 61-4-9.2 in line with legislative intent, requiring approval for dangerous drugs from relevant boards to ensure public health and safety.
Reasoning: The intent of Section 61-4-9.2, when interpreted alongside the history and definitions within the Chiropractic Physician Practice Act and the New Mexico Drug, Device and Cosmetic Act, is clear: the Legislature prioritized public health and safety.