New Mexico Board of Pharmacy v. New Mexico Board of Osteopathic Medical Examiners

OPINION

HERNANDEZ, Chief Judge.

This appeal arises out of the adoption of the following rule by the New Mexico Board of Osteopathic Medical Examiners:

Article XIV, § M. Prescriptions for controlled substances.

1. An osteopathic physician may delegate to a physician’s assistant the authority to prescribe any drugs controlled by the Schedules II through V, of the New Mexico Controlled Substances Act, provided that the physician’s assistant has worked for the supervising physician for at least 6 months. Such delegations may be for all drugs in Schedules II through V, or only for certain drugs, or…