52nd legislature - STATE OF NEW MEXICO - second session, 2016

RELATING TO HEALTH CARE; REQUIRING A PRACTITIONER WHO PRESCRIBES, ADMINISTERS OR DISPENSES AN OPIOID TO A PATIENT TO OBTAIN AND REVIEW REPORTS FROM THE STATE'S PRESCRIPTION MONITORING PROGRAM AND FROM OTHER STATES, IF ACCESSIBLE, FOR SUCH PATIENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. A new section of the New Mexico Drug, Device and Cosmetic Act is enacted to read:

"[NEW MATERIAL] 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 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 or the federal controlled substances regulation, pursuant to 21 U.S.C. 812.

B. Before a practitioner prescribes, administers 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 another state for the patient, the practitioner shall also obtain and review that report.

C. A practitioner shall obtain and review a report from the state's prescription monitoring program and similar reports from another state, if any, no less than once every three months for each established patient for whom the practitioner continuously prescribes, administers 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. The professional licensing board of each category of practitioner that is licensed or otherwise authorized to prescribe, administer or dispense an opioid shall promulgate rules to implement the provisions of this section."

SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2017.