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CHIROPRACTORS ASS'N v. CHIROPRACTIC BD.

Nos. 31,690, 31,668.

323 P.3d 914 (2013)

2014-NMCA-046

INTERNATIONAL CHIROPRACTORS ASSOCIATION, Plaintiff-Appellant, v. NEW MEXICO BOARD OF CHIROPRACTIC EXAMINERS, Defendant-Appellee, and New Mexico Board of Pharmacy and New Mexico Medical Board, Plaintiffs-Appellants, v. New Mexico Board of Chiropractic Examiners, Defendant-Appellee.

Court of Appeals of New Mexico.

July 31, 2013.

Attorney(s) appearing for the Case

Cuddy & McCarthy LLP, Charles V. Garcia , Albuquerque, NM, Patrick Ortiz , Santa Fe, NM, Swankin & Turner, James S. Turner, Esq. , Washington, D.C., for Appellant International Chiropractors Association.

Gary K. King , Attorney General, Zachary A. Shandler , Assistant Attorney General, Santa Fe, NM, for Appellee New Mexico Board of Chiropractic Examiners.

Odin, Feldman & Pittleman, P.C., Thomas R. Daly , Reston, VA, Sutin, Thayer & Browne, Susan M. Hapka , Albuquerque, NM, for Amicus Curiae, American Chiropractic Association.

Gary K. King , Attorney General, Daniel R. Rubin , Special Assistant Attorney General, Santa Fe, NM, Mary H. Smith , Assistant Attorney General, Albuquerque, NM, for Appellants New Mexico Board of Pharmacy and New Mexico Medical Board.

Gary K. King , Attorney General, Zachary A. Shandler , Assistant Attorney General, Santa Fe, NM, for Appellee New Mexico Board of Chiropractic Examiners.

OPINION

WECHSLER, Judge.

{1} This appeal is taken under the Uniform Licensing Act, NMSA 1978, §§ 61-1-1 to -34 (1957, as amended through 2013), to challenge rules adopted by Appellee, the New Mexico Board of Chiropractic Examiners (the Chiropractic Board). The rules in question approve an amended advanced practice chiropractic formulary that includes minerals and additional drugs to be administered by injection (2011 formulary) and...

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