New Mexico Laws

Prescription Drug Monitoring Programs: Critical Elements of Effective State Legislation

Question:

Does the PDMP allow delegates to access data?

Answer:
Yes
This answer is derived from 1 section of law
Citation:
  • citation 1: see full citation
    D. The board shall be authorized to provide PMP information to the following persons:(1) persons authorized to prescribe or dispense controlled substances, for the purpose of providing medical or pharmaceutical care for their patients;(2) a delegate designated by a practitioner; or pharmacist; who must also maintain an active account, can designate one or more (up to four) delegates for the purpose of requesting and receiving PMP reports for the practitioner or pharmacist; the practitioner or pharmacist shall be responsible for notifying the PMP within 10 days of a delegate's authorization ending.(3) state licensing boards, including the medical board, board of nursing, board of veterinary medicine, board of dental health care, board of examiners in optometry, osteopathic examiners board, acupuncture & oriental medicine board, and podiatry board, as the PMP information relates to their licensees;(4) professional licensing authorities of other states if their licensees practice in this state or prescriptions provided by their licensees are dispensed in this state;(5) local, state and federal law enforcement or prosecutorial officials engaged in an ongoing investigation of an individual in the enforcement of the laws governing licit drugs;(6) the state human services department regarding medicaid program recipients;(7) a state metropolitan, magistrate and district, or federal court as required by a grand jury subpoena or criminal court order;(8) state drug court personnel as authorized by the PMP director;(9) personnel of the board for purposes of administration and enforcement of this rule or of 16.19.20 NMAC;(10) the prescription monitoring program of another state or group of states with whom the state has established an interoperability agreement;(11) a living individual who request's his or her own PMP report in accordance with procedures established under Subsection D of Section 61-11-2 of the Pharmacy Act, NMSA 1978 and Subsection H of 16.19.6.23 NMAC, or an agent authorized by the living individual along with a valid HIPAA release form or court issued subpoena, or;(12) a parent to have access to the prescription records about his or her minor child, as his or her minor child's personal representative when such access is not inconsistent with state or other laws;(13) licensed healthcare professionals (nurses, pharmacists and practitioners) from Medicare, health insurers, workers compensation program/insurers and pharmacy benefit managers for persons enrolled in or covered by their programs, as part of patient care for those persons. see full law