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A MEMORIAL
REQUESTING A STUDY TO ASSESS WHETHER THE PUBLIC'S RIGHT TO
ACCESS TRADITIONAL, CULTURAL, COMPLEMENTARY AND ALTERNATIVE
HEALTH CARE THERAPIES AND REMEDIES FREELY 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,
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
discuss openly 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, the office of attorney general, representatives
from each of the state boards that license health care
providers, including the New Mexico medical board, the board
of nursing, the board of pharmacy and representatives from
the health care-related boards within regulation and
licensing, collaborate on a study that will assess whether
current law adequately protects the public's right to access
safe and effective traditional, cultural, complementary and
alternative health care remedies freely and whether any
changes to state law are necessary to protect this right; and
BE IT FURTHER RESOLVED that the study group seek to be
as inclusive as possible and encourage public input from a
variety of perspectives and modalities and, toward this end,
hold at least two public meetings in different geographic
locations of the state; and
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BE IT FURTHER RESOLVED that any legislative
recommendations be reported to the appropriate interim
legislative committees by October 31, 2008; and
BE IT FURTHER RESOLVED that copies of this memorial be
transmitted to the superintendent of regulation and
licensing, the office of the attorney general, the New Mexico
medical board, the board of nursing, the board of pharmacy
and the health care-related boards within the regulation and
licensing department.