New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 4 - PRESCRIBING AND DISTRIBUTION OF CONTROLLED SUBSTANCES › Section 16.17.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Acute
				pain"
means the normal predicted physiological response to a noxious
				chemical or thermal or mechanical stimulus typically associated with invasive
				procedures, trauma, or disease and is generally time limited.
B.
"Addiction"
is a
				neurobehavioral syndrome with genetic and environmental influences that results
				in psychological dependence on the use of substances for their psychic effects.
				It is characterized by behaviors that include one or more of the following:
				impaired control over drug use; compulsive use; continued use despite harm;
				and, craving. Physical dependence and tolerance are normal physiological
				consequences of extended opioid therapy for pain and should not by themselves
				be considered addiction.
C.
"Administer"
means to apply a prepackaged drug directly to the
				body of a patient by any means.
D.
"Chronic pain"
means a pain that persists after reasonable efforts
				have been made to relieve the pain or its cause and that continues, either
				continuously or episodically for longer than three consecutive months. "Chronic
				pain" does not, for the purpose of the Pain Relief Act requirements, include
				pain associated with a terminal condition.
E.
"Clinical pain expert"
means
				a person who by reason of specialized education or substantial relevant
				experience in pain management, has knowledge regarding current standards,
				practices and guidelines.
F.
"Delegate"
means a person designated by a practitioner for the
				purpose of requesting and receiving prescription monitoring program (PMP)
				reports for that practitioner.
G.
"Dispense"
means to deliver a drug directly to a patient and
				includes the compounding, labeling and repackaging of a drug from a bulk or
				original container.
H.
"Distribute"
means to administer or supply to a patient under the
				direct care of the distributing physician or physician assistant one or more
				doses of drugs prepackaged by a licensed pharmacist and excludes the
				compounding or repackaging from a bulk or original container.
I.
"Drug abuser"
means a person
				who takes a drug or drugs for other than legitimate medical purposes.
J.
"Established practitioner-patient
				relationship"
means a relationship between a physician or a physician
				assistant and a patient that is for the purpose of maintaining the patient's
				well-being. At a minimum, this relationship is established by an interactive
				encounter between patient and physician or a physician assistant involving an
				appropriate history and physical or mental status examination sufficient to
				make a diagnosis and to provide, prescribe or recommend treatment, with the
				informed consent from the patient and availability of the physician or
				physician assistant or coverage for the patient for appropriate follow-up care.
				A medical record must be generated by the encounter.
K.
"Formulary"
means any
				dangerous drugs; including schedule II-V controlled substances, physicians may
				use in the care of patients where there is an established physician-patient
				relationship.
L.
"Licensed
				osteopathic physician"
means an osteopathic physician licensed by the
				New Mexico board of osteopathic medicine in New Mexico.
M.
"Pain"
means acute or chronic
				pain or both.
N.
"Physical
				dependence"
means a state of adaptation that is manifested by a
				drug-specific withdrawal syndrome that can be produced by abrupt cessation,
				rapid dose reduction, decreasing blood level of the drug, administration of an
				antagonist, or a combination of these.
O.
"Practitioner"
means a New
				Mexico osteopathic physician or osteopathic physician assistant maintaining
				licensure pursuant to state law that allows that individual to prescribe,
				order, administer or dispense controlled substances to patients.
P.
"Prescribe"
means to issue an
				order individually for the person for whom prescribed, either directly from the
				prescriber to the pharmacist or indirectly by means of a written order signed
				by the prescriber bearing the name and address of the prescriber, license
				classification, the name and address of the patient, the name of the drug
				prescribed, direction for use and the date of issue.
Q.
"Prescription monitoring
				program"
means a centralized system to collect, monitor, and analyze
				electronically for controlled substances, prescribing and dispensing data
				submitted by pharmacies and dispensing practitioners. The data are used to
				support efforts in education, research, enforcement and abuse
				prevention.
R.
"Tolerance"
means a state of adaptation in which exposure to a
				drug induces changes that result in a diminution of one or more of the drug's
				effects over time.