Chiropractic Board Defies Attorney General

According to an article in the Denver Post, the Colorado Medical Society filed a lawsuit on Friday to try and stop the implementation of Rule 7 adopted by the Colorado Board of Chiropractic that allows chiropractors to prescribe and administer legend drugs. A dozen other medical organizations have joined the suit in opposition to the chiropractic board. The suit comes just days before the Rule would go into effect on January 14, 2013.

According to John Conklin a spokesperson and attorney for the Colorado Medical Society: "Authorizing chiropractors to administer drugs and perform injections threatens irreparable injury to the public welfare and the safety of the patients the members of the Colorado Medical Society serve to protect."

The new Rule would allow chiropractors to give drugs topically, orally and by injection to their patients following just 24 hours of additional training.

The Foundation for Vertebral Subluxation recently requested records concerning the adoption of the Rule via an Open Records request to the Colorado Board. While the Board turned over some documents they cited attorney/client privilege in refusing to turn over a Memorandum from the Attorney General written to the Board.

Following the adoption of the Rule by the Board, the Attorney General rendered an opinion that the action exceeded the chiropractic board’s legislative authority. Undaunted by this, Terrence Carroll, Attorney for the Colorado Chiropractic Association stated:

“The Attorney General’s opinion is non-binding. Pursuant to CRS 24-4-103(5), the new rules become effective 20 days after publication of the rules as finally adopted. The new injectable rules will become effective on January 14, 2013.”

The lawsuit by the Medical Society comes on the heels of a meeting between the CCE, ICA, ACA, FCLB, COCSA and select College Presidents who signed a Consensus Document suggesting that only necessary drugs are part of chiropractic.

According to William Doggett, Past Chairman of the New Mexico Board of Chiropractic there are at least 19 states where chiropractic boards are seeking to expand their scope of practice in this manner. New Mexico allows the administration of drugs by chiropractors and has won support from the American Chiropractic Association for these efforts while at the same time battling with the International Chiropractors Association.

Missouri and Arizona are other states that have recently addressed the issue of chiropractic prescriptive drug privleges.