New Mexico § 26-1-16.1 - Opioids; requiring practitioners to obtain and review reports from the prescription monitoring program

§ 26-1-16.1. Opioids; requiring practitioners to obtain and review reports from the prescription monitoring program

A. For purposes of this section: (1) “ opioid ” means the class of drugs that includes the natural derivatives of opium, which are

morphine and codeine, and related synthetic and semi-synthetic compounds that act

upon opioid receptors; (2) “practitioner” does not include a pharmacist, veterinarian or euthanasia technician; (3) “ prescription monitoring program ” means a program that includes a centralized system to collect, monitor and analyze

electronically, for Schedule II through V controlled substances, prescribing and dispensing

data submitted by dispensers; and (4) “ Schedule II through V controlled substance ” means a substance listed in Schedule II, III, IV or V pursuant to the Controlled

Substances Act 1 or the federal controlled substances regulation, pursuant to 21 U.S.C. 812 . B. Before a practitioner prescribes or dispenses an opioid for the first time to a

patient, the practitioner shall obtain and review a report from the state's prescription

monitoring program for such patient for the previous twelve calendar months. If the practitioner has access to a similar report from an adjacent state for the

patient, the practitioner shall also obtain and review that report. The provisions of this subsection shall not apply to the prescription or dispensing

of an opioid for a supply of four days or less. C. A practitioner shall obtain and review a report from the state's prescription monitoring

program and similar reports from an adjacent state, if any, no less than once every

three months for each established patient for whom the practitioner continuously prescribes

or dispenses opioids. D. A practitioner shall document the receipt and review of reports required by this

section in the patient's medical record. E. Nothing in this section shall be construed to prevent a practitioner from obtaining

and reviewing a report regarding a practitioner's patient from the state's prescription

monitoring program or a similar report from another state with greater frequency than

that required by this section, in accordance with the practitioner's professional

judgment. F. Nothing in this section shall be construed to require a practitioner to obtain

a prescription monitoring report when prescribing an opioid to a patient in a nursing

facility or in hospice care. G. The professional licensing board of each category of practitioner that is licensed

or otherwise authorized to prescribe or dispense an opioid shall promulgate rules

to implement the provisions of this section. Nothing in this section shall be construed to prevent a professional licensing board

from requiring by rule that practitioners obtain prescription monitoring program reports

with greater frequency than that required by this section. 1

NMSA 1978, § 30-31-1 et seq.