Legal Status of EPT in New Mexico

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

[+] 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) (effective 1/10/2007).

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

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

[+] 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)

V. Prescription requirements

[-] Prescription must bear name and address of patient. N.M. Stat. Ann. § 61-6C-2*

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

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.