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UPDATED: N.M. Court of Appeals Reverses Limits on Oriental Medicine Doctors

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Doctor of oriental medicine from Placitas contended regulations on drugs and substances that can be administered unfairly restricted his practice

SANTA FE — A New Mexico court has struck down tighter restrictions on the drugs and substances that can be administered by doctors of Oriental medicine.

The state Court of Appeals ruled Thursday that the regulations were improperly adopted last year by the state Board of Acupuncture and Oriental Medicine.

A doctor of Oriental medicine from Placitas, Glenn Wilcox, had challenged the board’s regulations, contending they unfairly restricted his practice.

The board’s regulations focused on the treatment of patients with intravenous substances and injection therapies. Some substances, such as human growth hormone, were banned. There also were limitations on how some substances could be administered. Oxygen could not be given intravenously, but inhalation continued to be allowed as a treatment.

The court said the licensing board failed to provide reasons for changing its regulations.

The board, in written arguments to the court, said there were more than 800 pages of written material from public hearings and other proceedings to support the rules. Gov. Bill Richardson was among those who had urged regulators to change and clarify the regulations because of concerns that some practices were not authorized by state law.

The court said, “The record is replete with conflicting points of view but nowhere does the board explain how it resolved those conflicts. We recognize that a number of meetings and a good deal of discussion preceded the public hearing and adoption of the regulations. However, there is nothing in the record explaining the board’s reasons for adoption of the regulations in the face of what appears from the record to be some strong opposition.”

Kelly O’Donnell, superintendent of the Regulation and Licensing Department, said Friday that no decision had been made on whether to challenge the court ruling and ask the state Supreme Court to review it. Another round of rule-making hearings by the board may be necessary, she said.

“If we need to do it again, that’s fine. I think we’re doing the right thing,” said O’Donnell. “Ultimately, it make take a little bit longer.”

Wilcox did not immediately return telephone calls Friday to his home and office seeking comment.

In New Mexico, there are about 600 doctors of Oriental medicine but only about 10 percent are licensed for expanded practices involving injection and intravenous therapies, according to court records.

 


Friday, 02 April 2010 15:41

 

The state Court of Appeals has overturned regulations that imposed more restrictions on the drugs and substances that can be administered by doctors of oriental medicine.

The court ruled Thursday in Santa Fe that the regulations were improperly adopted last year by the state Board of Acupuncture and Oriental Medicine.

A doctor of oriental medicine from Placitas, Glenn Wilcox, had challenged the board’s regulations, saying they unfairly restricted his practice.

The board’s regulations focused on the treatment of patients with intravenous substances and injection therapies. Some substances, such as human growth hormone, were banned.

The regulatory board’s chairman did not immediately return a telephone call and e-mail Friday seeking comment on whether the court ruling will be appealed.

 

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