HOUSE BILL 170

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Deborah A. Armstrong

AN ACT

RELATING TO HEALTH CARE; AMENDING A SECTION OF THE NEW MEXICO DRUG, DEVICE AND COSMETIC ACT TO EXEMPT PRACTITIONERS FROM FOLLOWING THE REQUIREMENTS OF THE STATE'S PRESCRIPTION MONITORING PROGRAM WHEN PRESCRIBING TO CANCER PATIENTS.

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

     SECTION 1. Section 26-1-16.1 NMSA 1978 (being Laws 2016, Chapter 46, Section 1) is amended to read:

     "26-1-16.1. OPIOIDS--REQUIRING PRACTITIONERS TO OBTAIN AND REVIEW REPORTS FROM THE PRESCRIPTION MONITORING PROGRAM--EXEMPTIONS.--

          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 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:

                (1) who is experiencing pain caused by cancer or the treatment of cancer;

                (2) in a nursing facility; or

                (3) 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."

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