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SENATE MEMORIAL 48

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

Steve Komadina

A MEMORIAL

REQUESTING A STUDY TO ASSESS WHETHER THE PUBLIC'S RIGHT TO

ACCESS TRADITIONAL, CULTURAL, COMPLEMENTARY AND ALTERNATIVE

HEALTH CARE THERAPIES AND REMEDIES FREELY IS ADEQUATELY

PROTECTED BY LAW.

WHEREAS, New Mexico has a long history of cultural

healers, including the curandera, sobadora, partera, medica and

arbolaira, and healing traditions, including plant medicines

and foods, prayer, ceremony and song, and these traditions must

be shared with the current generation and preserved by future

generations; and

WHEREAS, in New Mexico, there are also well-accepted

complementary and alternative health care therapies that have

historically been practiced by persons who are not licensed or

regulated by the state, including naturopathy, homeopathy,

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meditation, mind-body healing practices, traditional eastern

practices such as qi gong and ayurveda, nutrition and lifestyle

change, energy therapies, aromatherapy, folk remedies,

anthroposophy, herbal therapy and healing practices using heat,

cold, water, light and sound; and

WHEREAS, a large number of New Mexicans are using

complementary and alternative health care therapies, food, food

supplements, herbs and herbal remedies; and

WHEREAS, New Mexico is home to a large population of

indigenous, traditional, alternative and complementary healers

and health care practitioners and many internationally

recognized educational institutions; and

WHEREAS, the legislature enacted the Sunrise Act with the

intent that no profession or occupation should be subject to

regulation unless such regulation was necessary to protect the

health, safety or welfare of the public from clear harm; and

WHEREAS, it is in the best interests of the state and its

citizens, and consistent with the Sunrise Act, that New Mexico

avoid unnecessary regulation when there is no clear risk of

harm or endangerment to the public and that the public continue

to enjoy the freedom to access traditional, cultural,

complementary and alternative health care therapies,

traditional plant medicines, folk remedies and herbs without

restraint; and

WHEREAS, licensed practitioners providing traditional,

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cultural, complementary and alternative health care therapies

can be disciplined by their licensing boards because these

therapies might be deemed to be outside the accepted standard

of care; and

WHEREAS, New Mexicans have had the freedom to buy and sell

supplements and other health-promoting substances without

regulation, and this right should be preserved; and

WHEREAS, legislative recognition of the value of

traditional, cultural, complementary and alternative health

care therapies will benefit the citizens of New Mexico by

allowing practitioners to practice openly and promote the

availability of their services, supporting those patients who

wish to access alternative services and allowing patients to

discuss openly their use of these therapies with all their

health care providers in order to achieve coordination of care;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE

OF NEW MEXICO that the regulation and licensing department, the

office of attorney general, representatives from each of the

state boards that license health care providers, including the

New Mexico medical board, the board of nursing, the board of

pharmacy and representatives from the health care-related

boards within regulation and licensing, collaborate on a study

that will assess whether current law adequately protects the

public's right to access safe and effective traditional,

cultural, complementary and alternative health care remedies

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freely and whether any changes to state law are necessary to

protect this right; and

BE IT FURTHER RESOLVED that the study group seek to be as

inclusive as possible and encourage public input from a variety

of perspectives and modalities and, toward this end, hold at

least two public meetings in different geographic locations of

the state; and

BE IT FURTHER RESOLVED that any legislative

recommendations be reported to the appropriate interim

legislative committees by October 31, 2008; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the superintendent of regulation and licensing,

the office of the attorney general, the New Mexico medical

board, the board of nursing, the board of pharmacy and the

health care-related boards within the regulation and licensing

department.

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