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Colorado Chiropractors Providing Injectables Has One Last Shot

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by: DrTirpak posted: January 24, 2013

Rule 7c Shot Down by Legal Services Committee

The Colorado Legislature’s Committee on Legal Services voted 8-0 on January 8th to repeal the Colorado Board of Chiropractic Examiners recently approved Rule 7c allowing Chiropractors to provide injectable nutrients. During the next congressional session the Colorado Legislature will have the final vote on the legality of new change to the Colorado Chiropractor’s scope of practice.

It all started in November of 2012 when the Colorado Board of Chiropractic Examiners added Rule 7c to the Nutritional Remedial Measures. The Nutritional Remedial Measures allows Chiropractors in Colorado to administer vitamins, homeopathic, other similar compound and non-prescription drugs. The Colorado Board interrupted administer to include by injection and described the qualifications a Doctor of Chiropractic would need to provide injections in Rule 7c.

Nutritional Remedial Measures: 12-33-102(1), C.R.S., means that a Doctor of Chiropractic may administer, prescribe, recommend, compound, sell and distribute homeopathic and botanical medicines, vitamins, minerals, phytonutrients, antioxidants, enzymes, glandular extracts, non-prescription drugs, durable and non-durable medical goods and devices. 

7 (c) All Chiropractors that choose to administer homeopathic and botanical medicines, vitamins, and minerals, phytonutrients, antioxidants, enzymes and glandular extracts by means of injectable procedures shall be certified by the Board. Applications for certification in lnjectables shall be made in a manner approved by the Board. Certification in lnjectables by the State Board of Chiropractic Examiners may be obtained by complying with the following:

  1. Successfully complete a minimum of a combined total of 24 hours of theoretical study and supervised clinical instruction obtained from a college of chiropractic approved by the Council on Chiropractic Education (CCE) or the equivalent hours of study and clinical supervision obtained from an instructor recognized by the postgraduate facility of a Chiropractic institution or approved by CCE to teach this course and
  2. Passing a nationally recognized Injectable certification examination recognized by a CCE accredited Chiropractic college."

Following the 7c rule addition the International Association of Chiropractors (ICA), the Colorado Medical Association and various other medical groups started a letter writing campaign opposing the new rule 7c to the Colorado Attorney General. The ICA letter contained "... ICA recommends that you heed the call from our members in your state to reject Rule 7 C. as adopted by the Colorado Board of Chiropractic Examiners," according to their December 11, 2012 Facebook post. The ICA lists 57 Colorado Chiropractors as member on their website. The State of Colorado has over 2,500 practicing Chiropractors.

In December of last year the Colorado Attorney General’s office issued an opinion that the changes to Rule 7c exceed the legislative scope of authority granted to the Board of Chiropractic Examiners.  The basis for the decision is believed to be the Colorado Administrative Procedures Act governs all of Colorado’s Boards, including the Chiropractic Board. The Act states, "No rule shall be issued except within the power delegated to the agency and as authorized by law... any rule or amendment to an existing rule issued by any agency ... which conflicts with a statute shall be void." The Attorney General of Colorado’s opinion does not void the new rule.

Following the Attorney General’s opinion the Colorado Board of Chiropractic Examiners board filed an emergency rule to delay the implementation of 7c from January 2013 until April 30th 2013, to allow the legislature to consider.  

The Colorado Medical Society along and a dozen other Colorado medical and osteopathic associations filed a lawsuit in Colorado state district court also in December to halt the implementation of 7c. The Colorado Medical Society’s Attorney Susan Koontz, J.D commented that the group would not withdraw the lawsuit until the matter is settled completely by the Colorado Legislature.

Prior to the Colorado Legislature’s Committee on Legal Services vote against Rule 7c a public hearing resonated with dissenting speeches from the Colorado Medical Society’s President and Lawyer, along with Chiropractor Dr. Ken Spresser.

Dr. Ken Spresser, a former board member of the Colorado Chiropractic Association and former Colorado ACA delegate, stated during the hearings, "Chiropractors do not have the appropriate training to administer drugs by injection," and ended with "... this small interest group and the Board of Chiropractic Examiners only want to make more money by exceeding their statutory boundaries.”

In 1997 during an earlier attempt to pass similar legislation in Colorado Dr. Spesser in a legislative hearing presented a statement from various National Chiropractic Associations stating ‘"Chiropractic has been a drug-free profession since its inception 102 years ago, and we'd like to keep it that way."

The American Chiropractic Association has not released a statement regarding the rule change and when questioned stated that this is a state issue.

While Colorado’s Chiropractors injectable fate will hang in the balance until the next legislative session a few other stated have already expanded their scope of Chiropractic. In Oklahoma Chiropractors can provide IV chelation and prolotherapy. New Mexico last year passed a bill with similar language to 7c, creating an Advanced Practitioner Chiropractor with 90 hours of specific Chiropractic Continuing Education. Chiropractors in Oregon can prescribe various substances, provide minor surgery and participate in midwifery with advanced training. Last fall Arizona started the process of seeking approval for an Advanced Practice Chiropractic Certification including injectables.

Filed Under Tags:  CO

Comments

"Unless we put medical freedom into the Constitution the time will come when medicine will organize itself into an undercover dictatorship to restrict the art of healing to one class of Men and deny equal privileges to others; the Constitution of the Republic should make a Special privilege for medical freedoms as well as religious freedom." Quote by: Dr Benjamin Rush, American Physician and political leader. Member of the Continental congress and signer of the Declaration of Independence. (1746-1813) Advanced practice Chiropractic and Naturopathic Physicians have superior training to most Medical Physicians and their extendors for primary care. This is true because DC's and ND's diagnose and treat with Ultramolecular (beyond the molecule), Orthomolecular (using the right Molecules), and only reach into Xenomoleculars (foreign substances) for temporary use when necessary. Medical care fails with chronic illness and prevention because it is based in the use of foreign substances (Xenomoleculars). The emotional, lifestyle, environmental, and genetic individuality of people is poorly served by a care model which is based upon pharmaceuticals designed for symptomatic care and ignores the etiologic basis or causal chains of illness. And, much collaborative potential is lost between forward thinking Medical, Chiropractic, and Naturopathic Physicians for benefit of mankind from Medical turf protectionism. People should deman that their legislators provide them medical freedom of choice. Our greatest individual power is CHOICE! Stephen Herbst, DC, CA, NMD
by: Stephen Herbst, DC, CA, NMD

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