Clinics and medical practices / New Mexico
New Mexico adds 4 state rules for clinics and medical practices
New Mexico adds 4 rules to the 109 federal ones the checker already matches to clinics and medical practices. None of them block approval; all 4 warn. The rules cite NMSA 61-6-15 and 16.10.8.8 NMAC. Of the 44 states with a page for this industry, it has the 23rd most rules.
What New Mexico adds
These are the New Mexico rules whose wording is about licensed practitioners, boards and clinics. They run when New Mexico is selected in the checker.
CG-NMS-001 · Warns · Citation checked against stored text
New Mexico treats representing to a patient that a manifestly incurable condition can be cured as unprofessional or dishonorable conduct by a licensee.
Source: NMSA 61-6-15(D)(3) ("representing to a patient that a manifestly incurable condition of sickness, disease or injury can be cured")
Safer wording: Say what the treatment is meant to do and what patients have typically experienced, with a source. Do not promise a cure.
NMSA 61-6-15 · Needs counsel review
CG-NMS-002 · Warns · Citation checked against stored text
New Mexico treats false or misleading statements about a licensee's skill, or the efficacy or value of a treatment, as unprofessional or dishonorable conduct. Guaranteed results are the classic example.
Source: NMSA 61-6-15(D)(9) ("making false or misleading statements regarding the skill of the licensee")
Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a result.
NMSA 61-6-15 · Needs counsel review
CG-NMS-003 · Warns · Citation checked against stored text
New Mexico treats employing a person to solicit patients for a licensee as unprofessional or dishonorable conduct.
Source: NMSA 61-6-15(D)(2) ("employing a person to solicit patients for the licensee")
Safer wording: Do not recruit or pay people to bring in patients for a licensee. Counsel should review any outreach role.
NMSA 61-6-15 · Needs counsel review
CG-NMS-005 · Warns · Citation checked against stored text
New Mexico treats prescribing where there is no established physician-patient relationship, including prescribing based solely on an online questionnaire, as unprofessional conduct, with narrow exceptions such as a proper telehealth encounter.
Source: 16.10.8.8 NMAC, subsection L ("based solely on an on-line questionnaire")
Safer wording: Say a licensed clinician reviews your history and, where required, examines you before prescribing. Do not tie a prescription to an online form alone.
16.10.8.8 NMAC · Needs counsel review
What the checker flags with New Mexico selected
Sample wording we wrote, run through the engine with New Mexico selected. Only samples where a New Mexico rule fires are shown.
Our clinic cures back pain. 100% guaranteed results. Book this week.
- Blocks approval
CG-DIS-001Also matches CG-DIS-016Saying a product or service cures a condition makes it an unapproved drug claim.
Source. FDCA 201(g)(1), 21 U.S.C. 321(g)(1) (drug definition); 21 CFR 101.93(g) (disease claims); FTC Health Products Compliance Guidance
Safer wording. Describe what the service does (for example "supports", "helps manage") and name only outcomes you can substantiate.
- Blocks approval
CG-ABS-002A 100 percent claim is an absolute claim that almost never has support.
Source. FTC Act section 5; FTC Health Products Compliance Guidance
Safer wording. Replace with the measured figure and its source, or remove the number.
- Warning
CG-ABS-015Also matches CG-NMS-002, CG-ABS-001A guarantee of results, including a money-back guarantee tied to results, promises an outcome nobody can promise for health products and services.
Source. FTC Act section 5; FTC Health Products Compliance Guidance
Safer wording. Describe what the service involves and say results vary. A refund policy may be stated without guaranteeing the result.
The federal rules that still apply
109 federal and general rules matched to clinics and medical practices run next to the New Mexico ones. The ones that weigh most:
CG-ABS-003 · Blocks approval · Citation checked against stored text
Claims of no risk or no side effects are unsubstantiated safety claims.
Source: FTC Act section 5; FTC Health Products Compliance Guidance; 21 CFR 202.1 (prescription drug advertising, fair balance)
Safer wording: State known risks and side effects fairly, or say who should talk to a clinician first.
21 CFR 202.1 · Needs counsel review
CG-CSR-001 · Blocks approval · Citation checked against stored text
Prescribing a controlled substance without a real evaluation, records or follow-up violates the Controlled Substances Act and DEA telemedicine rules.
Source: 21 U.S.C. 829 and 841(h); 21 CFR 1306.04 (prescription issued for a legitimate medical purpose); 21 CFR 1306.05 (manner of issuance, so a prescription must carry the patient and practitioner details); FTC Act section 5
Safer wording: Do not advertise controlled substances. A licensed clinician must decide whether to prescribe after a real evaluation.
21 CFR 1306.04, 21 U.S.C. 829, 21 CFR 1306.05 · Needs counsel review
CG-DEA-003 · Blocks approval · Citation checked against stored text
Offering to fill a prescription for a controlled substance based only on an online questionnaire is a listed example of an internet distribution violation.
Source: 21 U.S.C. 841 subsection (h) lists offering to fill a controlled substance prescription based solely on a consumer's online medical questionnaire as an example of a violation
Safer wording: Do not tie a controlled substance prescription to a questionnaire alone. Describe a live evaluation by a licensed practitioner who decides if a prescription is appropriate.
21 U.S.C. 841 · Needs counsel review
CG-EFF-014 · Blocks approval · Citation checked against stored text
Claims of instant, one-visit or universal results, or of working where all else fails, promise outcomes no clinic can substantiate.
Source: FTC Act section 5; FTC Health Products Compliance Guidance; FTC Endorsement Guides, 16 CFR Part 255
Safer wording: Remove the promise of speed or certainty. Say what the service is and that results vary.
16 CFR Part 255 · Needs counsel review
Everything for the industry is on the clinics and medical practices page, and all New Mexico rules for any industry are on the New Mexico page.
Next step
Check your New Mexico clinic copy
Select New Mexico in the checker and every flag cites the rule and source listed above.