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AN ACT

RELATING TO CHIROPRACTIC LICENSURE; ESTABLISHING THE ADVANCED

PRACTICE CHIROPRACTIC CERTIFICATION REGISTRY FOR CHIROPRACTIC

PHYSICIANS; AUTHORIZING A CERTIFIED ADVANCED PRACTICE

CHIROPRACTIC PHYSICIAN TO ISSUE PRESCRIPTIONS; AMENDING AND

ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Chiropractic Physician

Practice Act is enacted to read:

"ADVANCED PRACTICE CHIROPRACTIC CERTIFICATION REGISTRY

ESTABLISHED.--The board shall establish by rule the advanced

practice chiropractic certification registry. A chiropractic

physician authorized by the board to use the title "certified

advanced practice chiropractic physician" shall have

prescriptive authority for therapeutic and diagnostic purposes

as authorized by statute. Only a chiropractic physician

included in the advanced practice chiropractic certification

registry may use the title certified advanced practice

chiropractic physician, and it is unlawful for a person to use

the certified advanced practice chiropractic physician title

unless the person is included in the advanced practice

chiropractic certification registry. The advanced practice

chiropractic certification registry shall include a

chiropractic physician who applies for the designation and:

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A. holds a chiropractic license in good standing;

B. has completed three years of post-graduate

clinical chiropractic practice or equivalent clinical

experience as established by the board;

C. has an advanced practice chiropractic

certification by a nationally recognized credentialing agency

providing credentialing and demonstrated competency by

examination and additionally, after December 31, 2012,

successful completion of a graduate degree in a chiropractic

clinical practice specialty;

D. has completed a minimum of ninety clinical and

didactic contact course hours in pharmacology, pharmacognosy,

medication administration and toxicology certified by an

examination from an institution of higher education approved

by the board and the New Mexico medical board; and

E. has completed annual continuing education for

advanced practice chiropractic physicians as set by the

board."

Section 2. A new section of the Chiropractic Physician

Practice Act is enacted to read:

"CERTIFIED ADVANCED PRACTICE CHIROPRACTIC PHYSICIAN

AUTHORITY DEFINED.--A certified advanced practice chiropractic

physician may prescribe, administer and dispense herbal

medicines, homeopathic medicines, vitamins, minerals, enzymes,

glandular products, naturally derived substances,

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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. A formulary shall be developed by the board and

approved by the New Mexico medical board and the board of

pharmacy."

Section 3. A new section of the Chiropractic Physician

Practice Act is enacted to read:

"USE OF CHIROPRACTIC NAME LIMITED.--The terms

"chiropractor", "chiropractic physician" or "chiropractic" may

be used only by persons licensed pursuant to the Chiropractic

Physician Practice Act."

Section 4. Section 26-1-2 NMSA 1978 (being Laws 1967,

Chapter 23, Section 2, as amended) is amended to read:

"26-1-2. DEFINITIONS.--As used in the New Mexico Drug,

Device and Cosmetic Act:

A. "board" means the board of pharmacy or its duly

authorized agent;

B. "person" includes an individual, partnership,

corporation, association, institution or establishment;

C. "biological product" means a virus, therapeutic

serum, toxin, antitoxin or analogous product applicable to the

prevention, treatment or cure of diseases or injuries of

humans and domestic animals and, as used within the meaning of

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this definition:

(1) a "virus" is interpreted to be a product

containing the minute living cause of an infectious disease

and includes filterable viruses, bacteria, rickettsia, fungi

and protozoa;

(2) a "therapeutic serum" is a product

obtained from blood by removing the clot or clot components

and the blood cells;

(3) a "toxin" is a product containing a

soluble substance poisonous to laboratory animals or humans in

doses of one milliliter or less of the product and having the

property, following the injection of nonfatal doses into an

animal, or causing to be produced therein another soluble

substance that specifically neutralizes the poisonous

substance and that is demonstrable in the serum of the animal

thus immunized; and

(4) an "antitoxin" is a product containing

the soluble substance in serum or other body fluid of an

immunized animal that specifically neutralizes the toxin

against which the animal is immune;

D. "controlled substance" means a drug, substance

or immediate precursor enumerated in Schedules I through V of

the Controlled Substances Act;

E. "drug" means articles:

(1) recognized in an official compendium;

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(2) intended for use in the diagnosis, cure,

mitigation, treatment or prevention of disease in humans or

other animals and includes the domestic animal biological

products regulated under the federal Virus-Serum-Toxin Act,

37 Stat 832-833, 21 U.S.C. 151-158, and the biological

products applicable to humans regulated under Federal 58

Stat 690, as amended, 42 U.S.C. 216, Section 351, 58 Stat 702,

as amended, and 42 U.S.C. 262;

(3) other than food that affect the

structure or any function of the human body or the bodies of

other animals; and

(4) intended for use as a component of

Paragraph (1), (2) or (3) of this subsection, but does not

include devices or their component parts or accessories;

F. "dangerous drug" means a drug, other than a

controlled substance enumerated in Schedule I of the

Controlled Substances Act, that because of a potentiality for

harmful effect or the method of its use or the collateral

measures necessary to its use is not safe except under the

supervision of a practitioner licensed by law to direct the

use of such drug and hence for which adequate directions for

use cannot be prepared. "Adequate directions for use" means

directions under which the layperson can use a drug or device

safely and for the purposes for which it is intended. A drug

shall be dispensed only upon the prescription of a

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practitioner licensed by law to administer or prescribe the

drug if it:

(1) is a habit-forming drug and contains any

quantity of a narcotic or hypnotic substance or a chemical

derivative of such substance that has been found under the

federal act and the board to be habit forming;

(2) because of its toxicity or other

potential for harmful effect or the method of its use or the

collateral measures necessary to its use is not safe for use

except under the supervision of a practitioner licensed by law

to administer or prescribe the drug;

(3) is limited by an approved application by

Section 505 of the federal act to the use under the

professional supervision of a practitioner licensed by law to

administer or prescribe the drug;

(4) bears the legend: "Caution: federal

law prohibits dispensing without prescription.";

(5) bears the legend: "Caution: federal

law restricts this drug to use by or on the order of a

licensed veterinarian."; or

(6) bears the legend "RX only";

G. "counterfeit drug" means a drug that is

deliberately and fraudulently mislabeled with respect to its

identity, ingredients or sources. Types of such

pharmaceutical counterfeits may include:

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(1) "identical copies", which are

counterfeits made with the same ingredients, formulas and

packaging as the originals but not made by the original

manufacturer;

(2) "look-alikes", which are products that

feature high-quality packaging and convincing appearances but

contain little or no active ingredients and may contain

harmful substances;

(3) "rejects", which are drugs that have

been rejected by the manufacturer for not meeting quality

standards; and

(4) "relabels", which are drugs that have

passed their expiration dates or have been distributed by

unauthorized foreign sources and may include placebos created

for late-phase clinical trials;

H. "device", except when used in Subsection P of

this section and in Subsection G of Section 26-1-3, Subsection

L and Paragraph (4) of Subsection A of Section 26-1-11 and

Subsection C of Section 26-1-24 NMSA 1978, means an

instrument, apparatus, implement, machine, contrivance,

implant, in vitro reagent or other similar or related article,

including any component, part or accessory, that is:

(1) recognized in an official compendium;

(2) intended for use in the diagnosis of

disease or other conditions or in the cure, mitigation,

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treatment or prevention of disease in humans or other animals;

or

(3) intended to affect the structure or a

function of the human body or the bodies of other animals and

that does not achieve any of its principal intended purposes

through chemical action within or on the human body or the

bodies of other animals and that is not dependent on being

metabolized for achievement of any of its principal intended

purposes;

I. "prescription" means an order given

individually for the person for whom prescribed, either

directly from a licensed practitioner or the practitioner's

agent to the pharmacist, including by means of electronic

transmission, or indirectly by means of a written order signed

by the prescriber, and bearing the name and address of the

prescriber, the prescriber's license classification, the name

and address of the patient, the name and quantity of the drug

prescribed, directions for use and the date of issue;

J. "practitioner" means a certified advanced

practice chiropractic physician, physician, doctor of oriental

medicine, dentist, veterinarian, certified nurse practitioner,

clinical nurse specialist, pharmacist, pharmacist clinician,

certified nurse-midwife, physician assistant, prescribing

psychologist or other person licensed or certified to

prescribe and administer drugs that are subject to the New

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Mexico Drug, Device and Cosmetic Act;

K. "cosmetic" means:

(1) articles intended to be rubbed, poured,

sprinkled or sprayed on, introduced into or otherwise applied

to the human body or any part thereof for cleansing,

beautifying, promoting attractiveness or altering the

appearance; and

(2) articles intended for use as a component

of any articles enumerated in Paragraph (1) of this

subsection, except that the term shall not include soap;

L. "official compendium" means the official United

States pharmacopoeia national formulary or the official

homeopathic pharmacopoeia of the United States or any

supplement to either of them;

M. "label" means a display of written, printed or

graphic matter upon the immediate container of an article. A

requirement made by or under the authority of the New Mexico

Drug, Device and Cosmetic Act that any word, statement or

other information appear on the label shall not be considered

to be complied with unless the word, statement or other

information also appears on the outside container or wrapper,

if any, of the retail package of the article or is easily

legible through the outside container or wrapper;

N. "immediate container" does not include package

liners;

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O. "labeling" means all labels and other written,

printed or graphic matter:

(1) on an article or its containers or

wrappers; or

(2) accompanying an article;

P. "misbranded" means a label to an article that

is misleading. In determining whether the label is

misleading, there shall be taken into account, among other

things, not only representations made or suggested by

statement, word, design, device or any combination of the

foregoing, but also the extent to which the label fails to

reveal facts material in the light of such representations or

material with respect to consequences that may result from the

use of the article to which the label relates under the

conditions of use prescribed in the label or under such

conditions of use as are customary or usual;

Q. "advertisement" means all representations

disseminated in any manner or by any means, other than by

labeling, for the purpose of inducing, or that are likely to

induce, directly or indirectly, the purchase of drugs, devices

or cosmetics;

R. "antiseptic", when used in the labeling or

advertisement of an antiseptic, shall be considered to be a

representation that it is a germicide, except in the case of a

drug purporting to be or represented as an antiseptic for

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inhibitory use as a wet dressing, ointment, dusting powder or

such other use as involves prolonged contact with the body;

S. "new drug" means a drug:

(1) the composition of which is such that

the drug is not generally recognized, among experts qualified

by scientific training and experience to evaluate the safety

and efficacy of drugs, as safe and effective for use under the

conditions prescribed, recommended or suggested in the

labeling thereof; or

(2) the composition of which is such that

the drug, as a result of investigation to determine its safety

and efficacy for use under such conditions, has become so

recognized, but that has not, otherwise than in such

investigations, been used to a material extent or for a

material time under such conditions;

T. "contaminated with filth" applies to a drug,

device or cosmetic not securely protected from dirt, dust and,

as far as may be necessary by all reasonable means, from all

foreign or injurious contaminations, or a drug, device or

cosmetic found to contain dirt, dust, foreign or injurious

contamination or infestation;

U. "selling of drugs, devices or cosmetics" shall

be considered to include the manufacture, production,

processing, packing, exposure, offer, possession and holding

of any such article for sale and the sale and the supplying or

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applying of any such article in the conduct of a drug or

cosmetic establishment;

V. "color additive" means a material that:

(1) is a dye, pigment or other substance

made by a process of synthesis or similar artifice or

extracted, isolated or otherwise derived, with or without

intermediate or final change of identity, from a vegetable,

mineral, animal or other source; or

(2) when added or applied to a drug or

cosmetic or to the human body or a part thereof, is capable,

alone or through reaction with other substances, of imparting

color thereto; except that such term does not include any

material that has been or hereafter is exempted under the

federal act;

W. "federal act" means the Federal Food, Drug and

Cosmetic Act;

X. "restricted device" means a device for which

the sale, distribution or use is lawful only upon the written

or oral authorization of a practitioner licensed by law to

administer, prescribe or use the device and for which the

federal food and drug administration requires special training

or skills of the practitioner to use or prescribe. This

definition does not include custom devices defined in the

federal act and exempt from performance standards or premarket

approval requirements under Section 520(b) of the federal act;

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Y. "prescription device" means a device that,

because of its potential for harm, the method of its use or

the collateral measures necessary to its use, is not safe

except under the supervision of a practitioner licensed in

this state to direct the use of such device and for which

"adequate directions for use" cannot be prepared, but that

bears the label: "Caution: federal law restricts this device

to sale by or on the order of a __________", the blank to be

filled with the word "physician", "physician assistant",

"certified advanced practice chiropractic physician", "doctor

of oriental medicine", "dentist", "veterinarian", "certified

nurse practitioner", "clinical nurse specialist",

"pharmacist", "pharmacist clinician" or "certified nurse-

midwife" or with the descriptive designation of any other

practitioner licensed in this state to use or order the use of

the device;

Z. "valid practitioner-patient relationship" means

a professional relationship, as defined by the practitioner's

licensing board, between the practitioner and the patient; and

AA. "pedigree" means the recorded history of a

drug."

Section 5. Section 30-31-2 NMSA 1978 (being Laws 1972,

Chapter 84, Section 2, as amended) is amended to read:

"30-31-2. DEFINITIONS.--As used in the Controlled

Substances Act:

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A. "administer" means the direct application of a

controlled substance by any means to the body of a patient or

research subject by a practitioner or the practitioner's

agent;

B. "agent" includes an authorized person who acts

on behalf of a manufacturer, distributor or dispenser. It

does not include a common or contract carrier, public

warehouseperson or employee of the carrier or warehouseperson;

C. "board" means the board of pharmacy;

D. "bureau" means the narcotic and dangerous drug

section of the criminal division of the United States

department of justice, or its successor agency;

E. "controlled substance" means a drug or

substance listed in Schedules I through V of the Controlled

Substances Act or rules adopted thereto;

F. "counterfeit substance" means a controlled

substance that bears the unauthorized trademark, trade name,

imprint, number, device or other identifying mark or likeness

of a manufacturer, distributor or dispenser other than the

person who in fact manufactured, distributed or dispensed the

controlled substance;

G. "deliver" means the actual, constructive or

attempted transfer from one person to another of a controlled

substance or controlled substance analog, whether or not there

is an agency relationship;

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H. "dispense" means to deliver a controlled

substance to an ultimate user or research subject pursuant to

the lawful order of a practitioner, including the

administering, prescribing, packaging, labeling or compounding

necessary to prepare the controlled substance for that

delivery;

I. "dispenser" means a practitioner who dispenses

and includes hospitals, pharmacies and clinics where

controlled substances are dispensed;

J. "distribute" means to deliver other than by

administering or dispensing a controlled substance or

controlled substance analog;

K. "drug" or "substance" means substances

recognized as drugs in the official United States

pharmacopoeia, official homeopathic pharmacopoeia of the

United States or official national formulary or any respective

supplement to those publications. It does not include devices

or their components, parts or accessories;

L. "hashish" means the resin extracted from any

part of marijuana, whether growing or not, and every compound,

manufacture, salt, derivative, mixture or preparation of such

resins;

M. "manufacture" means the production,

preparation, compounding, conversion or processing of a

controlled substance or controlled substance analog by

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extraction from substances of natural origin or independently

by means of chemical synthesis or by a combination of

extraction and chemical synthesis and includes any packaging

or repackaging of the substance or labeling or relabeling of

its container, except that this term does not include the

preparation or compounding of a controlled substance:

(1) by a practitioner as an incident to

administering or dispensing a controlled substance in the

course of the practitioner's professional practice; or

(2) by a practitioner, or by the

practitioner's agent under the practitioner's supervision, for

the purpose of or as an incident to research, teaching or

chemical analysis and not for sale;

N. "marijuana" means all parts of the plant

cannabis, including any and all varieties, species and

subspecies of the genus Cannabis, whether growing or not, the

seeds thereof and every compound, manufacture, salt,

derivative, mixture or preparation of the plant or its seeds.

It does not include the mature stalks of the plant, hashish,

tetrahydrocannabinols extracted or isolated from marijuana,

fiber produced from the stalks, oil or cake made from the

seeds of the plant, any other compound, manufacture, salt,

derivative, mixture or preparation of the mature stalks,

fiber, oil or cake, or the sterilized seed of the plant that

is incapable of germination;

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O. "narcotic drug" means any of the following,

whether produced directly or indirectly by extraction from

substances of vegetable origin or independently by means of

chemical synthesis or by a combination of extraction and

chemical synthesis:

(1) opium and opiate and any salt, compound,

derivative or preparation of opium or opiate;

(2) any salt, compound, isomer, derivative

or preparation that is a chemical equivalent of any of the

substances referred to in Paragraph (1) of this subsection,

except the isoquinoline alkaloids of opium;

(3) opium poppy and poppy straw, including

all parts of the plant of the species Papaver somniferum L.

except its seeds; or

(4) coca leaves and any salt, compound,

derivative or preparation of coca leaves, any salt, compound,

isomer, derivative or preparation that is a chemical

equivalent of any of these substances except decocainized coca

leaves or extractions of coca leaves that do not contain

cocaine or ecgonine;

P. "opiate" means any substance having an

addiction-forming or addiction-sustaining liability similar to

morphine or being capable of conversion into a drug having

addiction-forming or addiction-sustaining liability. "Opiate"

does not include, unless specifically designated as controlled

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under Section 30-31-5 NMSA 1978, the dextrorotatory isomer of

3-methoxy-n-methylmorphinan and its salts, dextromethorphan.

"Opiate" does include its racemic and levorotatory forms;

Q. "person" means an individual, partnership,

corporation, association, institution, political subdivision,

government agency or other legal entity;

R. "practitioner" means a physician, certified

advanced practice chiropractic physician, doctor of oriental

medicine, dentist, physician assistant, certified nurse

practitioner, clinical nurse specialist, certified nurse-

midwife, prescribing psychologist, veterinarian, pharmacist,

pharmacist clinician or other person licensed or certified to

prescribe and administer drugs that are subject to the

Controlled Substances Act;

S. "prescription" means an order given

individually for the person for whom is prescribed a

controlled substance, either directly from a licensed

practitioner or the practitioner's agent to the pharmacist,

including by means of electronic transmission, or indirectly

by means of a written order signed by the prescriber, bearing

the name and address of the prescriber, the prescriber's

license classification, the name and address of the patient,

the name and quantity of the drug prescribed, directions for

use and the date of issue and in accordance with the

Controlled Substances Act or rules adopted thereto;

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T. "scientific investigator" means a person

registered to conduct research with controlled substances in

the course of the person's professional practice or research

and includes analytical laboratories;

U. "ultimate user" means a person who lawfully

possesses a controlled substance for the person's own use or

for the use of a member of the person's household or for

administering to an animal under the care, custody and control

of the person or by a member of the person's household;

V. "drug paraphernalia" means all equipment,

products and materials of any kind that are used, intended for

use or designed for use in planting, propagating, cultivating,

growing, harvesting, manufacturing, compounding, converting,

producing, processing, preparing, testing, analyzing,

packaging, repackaging, storing, containing, concealing,

injecting, ingesting, inhaling or otherwise introducing into

the human body a controlled substance or controlled substance

analog in violation of the Controlled Substances Act. It

includes:

(1) kits used, intended for use or designed

for use in planting, propagating, cultivating, growing or

harvesting any species of plant that is a controlled substance

or controlled substance analog or from which a controlled

substance can be derived;

(2) kits used, intended for use or designed

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for use in manufacturing, compounding, converting, producing,

processing or preparing controlled substances or controlled

substance analogs;

(3) isomerization devices used, intended for

use or designed for use in increasing the potency of any

species of plant that is a controlled substance;

(4) testing equipment used, intended for use

or designed for use in identifying or in analyzing the

strength, effectiveness or purity of controlled substances or

controlled substance analogs;

(5) scales or balances used, intended for

use or designed for use in weighing or measuring controlled

substances or controlled substance analogs;

(6) diluents and adulterants, such as

quinine hydrochloride, mannitol, mannite dextrose and lactose,

used, intended for use or designed for use in cutting

controlled substances or controlled substance analogs;

(7) separation gins and sifters used,

intended for use or designed for use in removing twigs and

seeds from, or in otherwise cleaning and refining, marijuana;

(8) blenders, bowls, containers, spoons and

mixing devices used, intended for use or designed for use in

compounding controlled substances or controlled substance

analogs;

(9) capsules, balloons, envelopes and other

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containers used, intended for use or designed for use in

packaging small quantities of controlled substances or

controlled substance analogs;

(10) containers and other objects used,

intended for use or designed for use in storing or concealing

controlled substances or controlled substance analogs;

(11) hypodermic syringes, needles and other

objects used, intended for use or designed for use in

parenterally injecting controlled substances or controlled

substance analogs into the human body;

(12) objects used, intended for use or

designed for use in ingesting, inhaling or otherwise

introducing marijuana, cocaine, hashish or hashish oil into

the human body, such as:

(a) metal, wooden, acrylic, glass,

stone, plastic or ceramic pipes, with or without screens,

permanent screens, hashish heads or punctured metal bowls;

(b) water pipes;

(c) carburetion tubes and devices;

(d) smoking and carburetion masks;

(e) roach clips, meaning objects used

to hold burning material, such as a marijuana cigarette, that

has become too small to hold in the hand;

(f) miniature cocaine spoons and

cocaine vials;

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(g) chamber pipes;

(h) carburetor pipes;

(i) electric pipes;

(j) air-driven pipes;

(k) chilams;

(l) bongs; or

(m) ice pipes or chillers; and

(13) in determining whether an object is

drug paraphernalia, a court or other authority should

consider, in addition to all other logically relevant factors,

the following:

(a) statements by the owner or by

anyone in control of the object concerning its use;

(b) the proximity of the object, in

time and space, to a direct violation of the Controlled

Substances Act or any other law relating to controlled

substances or controlled substance analogs;

(c) the proximity of the object to

controlled substances or controlled substance analogs;

(d) the existence of any residue of a

controlled substance or controlled substance analog on the

object;

(e) instructions, written or oral,

provided with the object concerning its use;

(f) descriptive materials accompanying

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the object that explain or depict its use;

(g) the manner in which the object is

displayed for sale; and

(h) expert testimony concerning its

use;

W. "controlled substance analog" means a substance

other than a controlled substance that has a chemical

structure substantially similar to that of a controlled

substance in Schedule I, II, III, IV or V or that was

specifically designed to produce effects substantially similar

to that of controlled substances in Schedule I, II, III, IV or

V. Examples of chemical classes in which controlled substance

analogs are found include the following:

(1) phenethylamines;

(2) N-substituted piperidines;

(3) morphinans;

(4) ecgonines;

(5) quinazolinones;

(6) substituted indoles; and

(7) arylcycloalkylamines.

Specifically excluded from the definition of "controlled

substance analog" are those substances that are generally

recognized as safe and effective within the meaning of the

Federal Food, Drug and Cosmetic Act or have been manufactured,

distributed or possessed in conformance with the provisions of

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an approved new drug application or an exemption for

investigational use within the meaning of Section 505 of the

Federal Food, Drug and Cosmetic Act;

X. "human consumption" includes application,

injection, inhalation, ingestion or any other manner of

introduction;

Y. "drug-free school zone" means a public school,

parochial school or private school or property that is used

for a public, parochial or private school purpose and the area

within one thousand feet of the school property line, but it

does not mean any post-secondary school; and

Z. "valid practitioner-patient relationship" means

a professional relationship, as defined by the practitioner's

licensing board, between the practitioner and the patient."

Section 6. Section 30-31B-2 NMSA 1978 (being Laws 1989,

Chapter 177, Section 2, as amended by Laws 2004, Chapter 9,

Section 2 and by Laws 2004, Chapter 12, Section 2) is amended

to read:

"30-31B-2. DEFINITIONS.--As used in the Drug Precursor

Act:

A. "administer" means the direct application of a

controlled substance by any means to the body of a patient or

research subject by a practitioner or the practitioner's

agent;

B. "agent" includes an authorized person who acts

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on behalf of a manufacturer, distributor or dispenser.

"Agent" does not include a common or contract carrier, public

warehouseperson or employee of the carrier or

warehouseperson;

C. "board" means the board of pharmacy;

D. "bureau" means the bureau of narcotics and

dangerous drugs of the United States department of justice or

its successor agency;

E. "controlled substance" means a drug or

substance listed in Schedules I through V of the Controlled

Substances Act or regulations adopted thereto;

F. "controlled substance analog" means a substance

other than a controlled substance that has a chemical

structure substantially similar to that of a controlled

substance in Schedule I, II, III, IV or V or that was

specifically designed to produce effects substantially similar

to that of controlled substances in Schedule I, II, III, IV or

V. Examples of chemical classes in which controlled substance

analogs are found include, but are not limited to, the

following:

(1) phenethylamines;

(2) N-substituted piperidines;

(3) morphinans;

(4) ecgonines;

(5) quinazolinones;

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(6) substituted indoles; and

(7) arylcycloalkylamines.

Specifically excluded from the definition of "controlled

substance analog" are those substances that are generally

recognized as safe and effective within the meaning of the

Federal Food, Drug and Cosmetic Act or have been manufactured,

distributed or possessed in conformance with the provisions of

an approved new drug application or an exemption for

investigational use within the meaning of Section 505 of the

Federal Food, Drug and Cosmetic Act;

G. "deliver" means the actual, constructive or

attempted transfer from one person to another of a controlled

substance or controlled substance analog, whether or not there

is an agency relationship;

H. "dispense" means to deliver a controlled

substance to an ultimate user or research subject pursuant to

the lawful order of a practitioner, including the

administering, prescribing, packaging, labeling or compounding

necessary to prepare the controlled substance for that

delivery;

I. "dispenser" means a practitioner who dispenses

and includes hospitals, pharmacies and clinics where

controlled substances are dispensed;

J. "distribute" means to deliver other than by

administering or dispensing a controlled substance or

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controlled substance analog;

K. "drug" means substances recognized as drugs in

the official United States pharmacopoeia, official homeopathic

pharmacopoeia of the United States, official national

formulary or any respective supplement to these publications.

"Drug" does not include devices or their components, parts or

accessories;

L. "drug precursor" means a substance, material,

compound, mixture or preparation listed in Section 30-31B-3

NMSA 1978 or regulations adopted thereto or any of their salts

or isomers. "Drug precursor" specifically excludes those

substances, materials, compounds, mixtures or preparations

that are prepared for dispensing pursuant to a prescription or

over-the-counter distribution as a substance that is generally

recognized as safe and effective within the meaning of the

Federal Food, Drug and Cosmetic Act or have been manufactured,

distributed or possessed in conformance with the provisions of

an approved new drug application or an exemption for

investigational use within the meaning of Section 505 of the

Federal Food, Drug and Cosmetic Act, unless the board makes

the findings required pursuant to Subsection B of Section

30-31B-4 NMSA 1978;

M. "immediate precursor" means a substance that is

a compound commonly used or produced primarily as an immediate

chemical intermediary used in the manufacture of a controlled

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substance, the control of which is necessary to prevent,

curtail or limit the manufacture of controlled substances;

N. "license" means a license issued by the board

to manufacture, possess, transfer or transport a drug

precursor;

O. "manufacture" means the production,

preparation, compounding, conversion or processing of a drug

precursor by extraction from substances of natural origin,

independently by means of chemical synthesis or by a

combination of extraction and chemical synthesis and includes

any packaging or repackaging of the substance or labeling or

relabeling of its container, except that this term does not

include the preparation or compounding of a controlled

substance by a practitioner:

(1) as an incident to the practitioner's

administering or dispensing of a controlled substance in the

course of professional practice; or

(2) by the practitioner's agent under the

practitioner's supervision for the purpose of or as an

incident to research, teaching or chemical analysis and not

for sale;

P. "person" includes an individual, sole

proprietorship, partnership, corporation, association, the

state or a political subdivision of the state or other legal

entity;

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Q. "possession" means to actively or

constructively exercise dominion over;

R. "practitioner" means a physician, certified

advanced practice chiropractic physician, dentist,

veterinarian or other person licensed to prescribe and

administer drugs that are subject to the Controlled Substances

Act;

S. "prescription" means an order given

individually for the person for whom is prescribed a

controlled substance, either directly from the prescriber to

the pharmacist or indirectly by means of a written order

signed by the prescriber and in accordance with the Controlled

Substances Act or regulations adopted thereto; and

T. "transfer" means the sale, possession with

intent to sell, barter or giving away of a drug precursor."

Section 7. Section 61-4-2 NMSA 1978 (being Laws 1968,

Chapter 3, Section 2, as amended) is amended to read:

"61-4-2. DEFINITIONS.--As used in the Chiropractic

Physician Practice Act:

A. "advanced practice chiropractic certification

registry" means a compendium kept by the board that meets and

maintains the board's established credentials for certified

advanced practice chiropractic physicians;

B. "certified advanced practice chiropractic

physician" means a chiropractic physician who has been

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included in the advanced practice chiropractic certification

registry;

C. "chiropractic" means the science, art and

philosophy of things natural, the science of locating and

removing interference with the transmissions or expression of

nerve forces in the human body by the correction of

misalignments or subluxations of the articulations and

adjacent structures, more especially those of the vertebral

column and pelvis, for the purpose of restoring and

maintaining health for treatment of human disease primarily

by, but not limited to, adjustment and manipulation of the

human structure. It shall include, but not be limited to, the

prescribing and administering of all natural agents to assist

in the healing act, such as food, water, heat, cold,

electricity, mechanical appliances and medical devices; the

selling of herbs, nutritional supplements and homeopathic

remedies; the administering of a drug by injection by a

certified advanced practice chiropractic physician; and any

necessary diagnostic procedure, excluding invasive procedures,

except as provided by the board by rule and regulation. It

shall exclude operative surgery, the prescription or use of

controlled or dangerous drugs and the practice of acupuncture;

D. "board" means the chiropractic board;

E. "chiropractic physician" includes doctor of

chiropractic, chiropractor and chiropractic physician and

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means a person who practices chiropractic as defined in the

Chiropractic Physician Practice Act; and

F. "chiropractic assistant" means a person who

practices under the on-premises supervision of a licensed

chiropractic physician."

Section 8. Section 61-4-3 NMSA 1978 (being Laws 1968,

Chapter 3, Section 3, as amended) is amended to read:

"61-4-3. BOARD CREATED--APPOINTMENT--OFFICERS--DUTIES--

COMPENSATION.--

A. There is created the "chiropractic board". The

board shall be administratively attached to the regulation and

licensing department. The board shall consist of six persons.

Four shall have been continuously engaged in the practice of

chiropractic in New Mexico for five years immediately prior to

their appointment. Two persons shall represent the public and

shall not have practiced chiropractic in this state or any

other jurisdiction. A person shall not be appointed to the

board who is an officer or employee of or who is financially

interested in any school or college of chiropractic, medicine,

surgery or osteopathy.

B. Members of the board shall be appointed by the

governor for staggered terms of five years or less and in a

manner that the term of one board member expires on July 1 of

each year. A list of five names for each professional member

vacancy shall be submitted by the New Mexico chiropractic

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association to the governor for consideration in the

appointment of board members. A vacancy shall be filled by

appointment for the unexpired term. Board members shall serve

until their successors have been appointed and qualified.

C. The board shall annually elect a chair and a

secretary-treasurer. A majority of the board constitutes a

quorum. The board shall meet quarterly. Special meetings may

be called by the chair and shall be called upon the written

request of two members of the board. Notification of special

meetings shall be made by certified mail unless such notice is

waived by the entire board and the action noted in the

minutes. Notice of all regular meetings shall be made by

regular mail at least ten days prior to the meeting, and

copies of the minutes of all meetings shall be mailed to each

board member within thirty days after a meeting.

D. A board member failing to attend three

consecutive meetings, either regular or special, shall

automatically be removed as a member of the board.

E. The board shall adopt a seal.

F. The board shall promulgate and file, in

accordance with the State Rules Act, all rules and regulations

necessary for the implementation and enforcement of the

provisions of the Chiropractic Physician Practice Act,

including educational requirements for a chiropractic

assistant.

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G. The board, for the purpose of protecting the

health and well-being of the citizens of this state and

maintaining and continuing informed professional knowledge and

awareness, shall establish by regulations adopted in

accordance with the provisions of the Uniform Licensing Act

mandatory continuing education requirements for chiropractic

physicians and certified advanced practice chiropractic

physicians licensed in this state.

H. Failure to comply with the rules and

regulations adopted by the board shall be grounds for

investigation, which may lead to revocation of license.

I. Members of the board shall be reimbursed as

provided in the Per Diem and Mileage Act, but shall receive no

other compensation, perquisite or allowance for each day

necessarily spent in the discharge of their duties."

Section 9. Section 61-4-4 NMSA 1978 (being Laws 1968,

Chapter 3, Section 4, as amended) is amended to read:

"61-4-4. APPLICATION REQUIREMENTS--EVALUATION.--

A. Each applicant for a license to practice

chiropractic shall:

(1) make application on forms furnished by

the board;

(2) submit evidence on oath satisfactory to

the board that the applicant has reached the age of majority,

has completed a preliminary education equal to the

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requirements for graduation from high school, is of good moral

character and, after January 1, 1976, except for any student

currently enrolled in a college of chiropractic, has completed

two years of college-level study in an accredited institution

of higher learning and is a graduate of a college of

chiropractic that meets the standards of professional

education prescribed in Section 61-4-5 NMSA 1978; and

(3) pay in advance to the board fees:

(a) for examination; and

(b) for issuance of a license.

B. In evaluating an application, the board may use

the services of a professional background information service

that compiles background information regarding applicants from

multiple sources.

C. Each applicant for inclusion in the advanced

practice chiropractic certification registry shall furnish

materials and proof of education and training as established

by rule of the board."

Section 10. Section 61-4-6 NMSA 1978 (being Laws 1968,

Chapter 3, Section 6, as amended) is amended to read:

"61-4-6. EXAMINATION--SUBJECTS--METHOD OF TREATMENT--

RECORDING LICENSE.--

A. The board shall recognize successful completion

of all parts of the examination conducted by the national

board of chiropractic examiners.

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B. The board shall examine each applicant in the

act of chiropractic adjusting, procedures and methods as shall

reveal the applicant's qualifications; provided that the board

may waive the requirement for the board-administered

examination upon proof of satisfactory completion of the

examination conducted by the national board of chiropractic

examiners.

C. The board shall issue a license to all

applicants whose applications have been filed with and

approved by the board and who have paid the required fees and

passed either the board-administered examination with a

general average of not less than seventy-five percent with no

subject below sixty-five percent or the examination conducted

by the national board of chiropractic examiners with a general

average of not less than seventy-five percent with no subject

below sixty-five percent. A license shall be refused to an

applicant who fails to make application as provided in this

section, fails the examination or fails to pay the required

fees.

D. The license, when granted by the board, carries

with it the title of doctor of chiropractic and entitles the

holder to diagnose using any necessary diagnostic procedures,

excluding invasive procedures, except as provided by the board

by rule, and treat injuries, deformities or other physical or

mental conditions relating to the basic concepts of

chiropractic by the use of any methods as provided in this

section, including but not limited to palpating, diagnosing,

adjusting and treating injuries and defects of human beings by

the application of manipulative, manual and mechanical means,

including all natural agencies imbued with the healing act,

such as food, water, heat, cold, electricity and mechanical

appliances, herbs, nutritional supplements and homeopathic

remedies, but excluding operative surgery and prescription or

use of controlled or dangerous drugs. The holder may also

supervise the use of any natural agencies imbued with the

healing act, such as food, water, heat, cold, electricity,

mechanical appliances, herbs, nutritional supplements and

homeopathic remedies administered by a chiropractic assistant.

E. Failure to display the license shall be grounds

for the suspension of the license to practice chiropractic

until so displayed and shall subject the licensee to the

penalties for practicing without a license.

F. The board shall certify a chiropractic

physician as a "certified advanced practice chiropractic

physician" when the chiropractic physician has demonstrated

completion of advanced coursework and met other requirements

established in the Chiropractic Physician Practice Act and by

rule of the board."

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