New Mexico Laws

Prescription Drug Monitoring Programs: Critical Elements of Effective State Legislation

Question:

Must the prescriber review the patient's prescription history prior to prescribing either a federal II, III, and IV controlled substance or benzodiazepines and opioids?

Answer:
Yes, first time and every 3 months after
This answer is derived from 4 section of law
Citation:
  • citation 1: see full citation
    C. Before a practitioner prescribes or dispenses for the first time, a controlled substance in schedule II, III, IV or V to a patient for a period greater than four days, or if there is a gap in prescribing the controlled substance for 30 days or more, the practitioner shall review a prescription monitoring report for the patient for the preceding 12 months. When available, the practitioner shall review similar reports from adjacent states. The practitioner shall document the receipt and review of such reports in the patient's medical record. see full law
  • citation 2: see full citation
    D. A prescription monitoring report shall be reviewed a minimum of once every three months during the continuous use of a controlled substance in schedule II, III, IV or V for each patient. The practitioner shall document the review of these reports in the patient's medical record. Nothing in this section shall be construed as preventing a practitioner from reviewing prescription monitoring reports with greater frequency than that required by this section. see full law
  • citation 3: see full citation
    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. see full law
  • citation 4: see full citation
    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. see full law