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Legal Status of EPT in New Mexico

permissible EPT is permissible.

I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation)

plus symbol Unprofessional or dishonorable conduct includes "prescribing drugs or medical supplies to a patient when there is no established physician-patient relationship, which would include at a minimum an adequate history and physical examination and informed consent, except for on-call physicians and physician assistants; and except for the provision of treatment for partners of patients with sexually transmitted diseases when this treatment is conducted in accordance with the expedited partner therapy guidelines and protocol published by the New Mexico department of health."
N.M. Code R. § 16.10.8.8(L)

II. Specific judicial decisions concerning EPT (or like practices) (Explanation)

 

III. Specific administrative opinions by the Attorney General or medical or pharmacy boards concerning EPT (or like practices) (Explanation)

plus sign On May 11, 2006, the New Mexico Medical Society adopted a Resolution that supported the implementation of expedited partner therapy; and specifically, “the option of expedited partner treatment for sexually transmitted diseases consistent with the most current version of Centers for Disease Control and Prevention guidelines, "Expedited Partner Therapy in the Management of Sexually Transmitted Diseases, Review and Guidance," when conducted in accordance with protocols developed by the New Mexico Department of Health. The New Mexico Medical Society would support such changes in the Medical Practice Act and/or rules and regulations that - while preserving the general principle of requiring a doctor-patient relationship prior to treatment - would provide an exception in the specific context of expedited partner treatment to give physicians and physician assistants the option of using CDC-defined expedited partner treatment for sexually transmitted diseases without fear of being in violation of the Medical Practice Act.”

IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)

 

V. Prescription requirements (Explanation)

minus symbolPrescription must bear name and address of patient. N.M. Stat. Ann. § 61-6-7.1 (Repealed, effective July 1, 2016).

VI. Assessment of EPT’s legal status with brief comments (Explanation)

permissible EPT is permissible.

Statutory authority precludes prescribing drugs absent a physician-patient relationship except for the provision of treatment for partners of patients with STDS when this treatment is in accordance with the EPT guidelines and protocol published by the New Mexico Department of Health.

Status as of January 10, 2007

 

permissible EPT is permissible in 35 states: potentially allowable EPT is potentially allowable in 9 states: prohibited EPT is prohibited in 6 states:

Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Hawaii
Idaho
Illinois
Indiana
Iowa
Louisiana
Maine
Massachusetts
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Hampshire
New Mexico 
New York
North Carolina
North Dakota
Oregon
Pennsylvania
Rhode Island
South Carolina
Tennessee
Texas
Utah
Vermont
Washington
Wisconsin
Wyoming

EPT is permissible in the District of Columbia.

Alabama
Delaware
Georgia
Kansas
Maryland *
Montana
New Jersey
South Dakota
Virginia

EPT is potentially allowable in Puerto Rico.
Florida
Kentucky
Michigan
Ohio
Oklahoma
West Virginia

* Exception: EPT is permissible in Baltimore, Maryland.

Summary Totals

 
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