I. Statutes/regs on health care providers’ authority
to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) |
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."
NMAC 16.10.8.8 (L) |
II. Specific judicial decisions concerning EPT (or like practices) (Explanation) |
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III. Specific administrative opinions by the Attorney General
or medical or pharmacy boards concerning EPT (or like practices) (Explanation) |
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.”
[Link to Medical Board Resolution] |
IV. Legislative bills or prospective regulations concerning EPT
(or like practices) (Explanation) |
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V. Laws that incorporate via reference guidelines as acceptable
practices (including EPT) (Explanation) |
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VI. Prescription requirements (Explanation) |
Prescription must bear name and address of patient. N.M. Stat. Ann. § 61-6-7.1
(Repealed,
effective July 1, 2010). |
VII. Assessment of EPT’s legal status with brief comments (Explanation) |
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.
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Status as of January 10,
2007 |