Stay on Illegal State Chiropractic Board Actions ICA Files Suit in New Mexico Court of Appeals Albequerque, NM: Acting on behalf of concerned members in New Mexico and out of concern for the integrity and credibility of the chiropractic profession at large, on December 21,2011 the International Chiropractors Association (ICA) filed an extensive memorandum in support of a motion to stay what is being held to be illegal actions on the part of that state's Board of Chiropractic Examiners. In its memorandum of explanation, ICA's attorneys argued that it was important for the court to carefully consider the urgent issues of the letter of the law and the protection of both the public and chiropractic practitioners and prevent the "New Mexico Board of Chiropractic Examiners from implementing its new rule establishing an advanced practice formulary to include dangerous drugs and drugs to be administered by injection...and implementing its new rules establishing a certain course of training to certify advanced practice chiropractic physicians to administer and prescribe dangerous drugs and drugs to be administered by injection" because such actions were outside their authority under the law. On August 30.2011. at an official rulemaking hearing and meeting, the New Mexico Chiropractic Board adopted new rules to greatly expand the chiropractic formulary to include certain dangerous drugs and drugs to be administered by injection that had not been approved by either the New Mexico Medical or Pharmacy Boards as specifically required by state law. At that same hearing, lawyers representing the State of New Mexico were very clear in their advice that the Board was acting outside their authority and should not proceed. The Chiropractic Board ignored those admonitions and acted to adopt a new formulary anyway. ICA representatives were present at both the August and December Board meetings and, in concert with New Mexico DCs, urged the Board to act only within the rules established by statute but to no avail. At their meeting of December 13, 2011, the New Mexico Chiropractic Board denied all requests to stay the implementation of the new rules pending appeal. ICA received official documentation of the New Mexico Chiropractic Board's official denial of a request to stay the controversial rules on January 5,2012. Having exhausted all administrative remedies, ICA is seeking the protection of the courts in the face of the Board's questionable actions. ICA's attorneys filed the extensive memorandum of December 21, 2011 to document the urgent need for a court-ordered stay to stop the inappropriate Board actions as the evidence shows that the New Mexico Chiropractic Board knowingly violated the terms of the law and citizens and practitioners alike are clearly at risk as a result IC A has taken this extraordinary step to help prevent a serious unraveling of public confidence in the chiropractic profession and severe damage to the credibility of the chiropractic regulatory process in New Mexico. "The public must have absolute confidence that the process of licensing and regulating the practice of chiropractic in all states has been undertaken with complete honesty and meticulous care to obey not only the letter but the spirit of the law as established by state legislatures." said ICA President Dr. Gary L. Walsemann. "Regrettably, this does not appear to be the case with the current New Mexico Board of Chiropractic Examiners and action in the courts on ICA's part was clearly the right thing to do." Source: Now You Know Newsletter Chiropractor Pleads No Contest to Sex Abuse Charge Bluff ton, FL: A 57-vear-old former Blufflon chiropractor has pleaded no contest to charges of sexual abuse of a minor in Florida and will face similar charges in South Carolina involving the same girl. Raymond Anthony Delgado sexually abused the girl while she was staying with him during a summer vacation in Bluffton and during his visits to her family in St. Johns County, Fla., according to the Bluffton Police Department and the St. Johns County Sheriffs Office. He pleaded no contest Thursday to two of the 10 child sex charges, both felonies, filed against him in St. Johns County-according to Florida's 7th Judicial Circuit Court. He faces up to 25 years in prison, according to state attorney public information officer Klare Ly. Those charges were filed after Delgado had already been jailed in St. Johns County on Sept. 3,2010. Delgado, who was living in the Westbury Park neighborhood in Bluffton at the time, was arrested in Florida at a place he and the girl had agreed to meet, the St. Johns Sheriffs Office has said. Delgado would travel to St. Augustine to spend time with the girl and her father, but that "was a guise to continue sexually abusing and molesting the child," according to a news release from the Florida court. "The defendant took advantage of his relationship with a child who trusted him." said Florida state attorney R.J. Larizza. "There are few — if any — crimes more sinister than that." Source: The Beaufort Gazette \ Pass on the information to inform other D.C. 's about events that are really happening to chiropractors. For further information, fax 1-305-716-9212. Write us at [email protected] or HCO138, 8619 NW 68th St., Miami, FL 33166.
