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A MEMORIAL

REQUESTING A STUDY TO ASSESS WHETHER THE PUBLIC'S RIGHT TO

FREELY ACCESS TRADITIONAL, CULTURAL, COMPLEMENTARY AND

ALTERNATIVE HEALTH CARE THERAPIES AND REMEDIES IS ADEQUATELY

PROTECTED BY LAW.

WHEREAS, New Mexico has a long history of cultural

healers, including the curandera, sobadora, partera, medica

and arbolaira, and healing traditions, including plant

medicines and foods, prayer, ceremony and song, and these

traditions must be shared with the current generation and

preserved by future generations; and

WHEREAS, in New Mexico, there are also well-accepted

complementary and alternative health care therapies that have

historically been practiced by persons who are not licensed

or regulated by the state, including naturopathy, homeopathy,

meditation, mind-body healing practices, traditional eastern

practices such as qi Gong and ayurveda, nutrition and

lifestyle change, energy therapies, aromatherapy, folk

remedies, anthroposophy, herbal therapy and healing practices

using heat, cold, water, light and sound; and

WHEREAS, a large number of New Mexicans are using

complementary and alternative health care therapies, food and

food supplements, herbs and herbal remedies; and

WHEREAS, New Mexico is home to a large population of

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indigenous, traditional, alternative and complementary

healers and health care practitioners and many

internationally recognized educational institutions; and

WHEREAS, the legislature enacted the Sunrise Act with

the intent that no profession or occupation should be subject

to regulation unless such regulation was necessary to protect

the health, safety or welfare of the public from clear harm;

and

WHEREAS, it is in the best interests of the state and

its citizens, and consistent with the Sunrise Act, that New

Mexico avoid unnecessary regulation when there is no clear

risk of harm or endangerment to the public and that the

public continue to enjoy the freedom to access traditional,

cultural, complementary and alternative health care

therapies, traditional plant medicines, folk remedies and

herbs without restraint; and

WHEREAS, licensed practitioners providing traditional,

cultural, complementary and alternative health care therapies

can be disciplined by their licensing boards because these

therapies might be deemed to be outside the accepted standard

of care; and

WHEREAS, New Mexicans have had the freedom to buy and

sell supplements and other health-promoting substances

without regulation, and this right should be preserved; and

WHEREAS, legislative recognition of the value of

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traditional, cultural, complementary and alternative health

care therapies will benefit the citizens of New Mexico by

allowing practitioners to practice openly and promote the

availability of their services, supporting those patients who

wish to access alternative services and allowing patients to

openly discuss their use of these therapies with all their

health care providers in order to achieve coordination of

care;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE

STATE OF NEW MEXICO that the regulation and licensing

department, office of the attorney general and department of

environment collaborate on a study that will assess whether

the public's right to freely access traditional, cultural,

complementary and alternative health care therapies and

remedies is adequately protected by law and whether any

changes to state law are necessary to protect this right; and

BE IT FURTHER RESOLVED that any legislative

recommendations be reported to the appropriate interim

legislature committee, determined by the New Mexico

legislative council, by December 2007; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the secretary of environment, attorney general

and superintendent of regulation and licensing.