New Mexico healthcare advertising rules the checker applies

Rules for New Mexico

1. 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

2. 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

3. 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

4. CG-NMS-004 · Warns · Citation checked against stored text

   New Mexico lists fee splitting as unprofessional conduct, and defines it to include paying or accepting a commission or other inducement for referring patients.

   Source: NMSA 61-6-15(D)(16) ("fee splitting")

   Safer wording: Remove payment for patient referrals and fee-sharing offers from recruiting or partnership copy, and have counsel review the arrangement.

   NMSA 61-6-15 · Needs counsel review

5. 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

6. CG-NMS-006 · Warns · Citation checked against stored text

   New Mexico declares unfair or deceptive trade practices unlawful, and defines them to include a false or misleading statement made knowingly in connection with the sale of services. A no-risk or no-side-effects claim for a health service is likely to mislead.

   Source: NMSA 57-12-3 ("Unfair or deceptive trade practices and unconscionable trade practices in the conduct of any trade or commerce are unlawful"); see also NMSA 57-12-2(D) ("a false or misleading oral or written statement, visual description or other representation of any kind knowingly made in connection with the sale, lease, rental or loan of goods or services")

   Safer wording: State the main risks plainly or point to where they are explained.

   NMSA 57-12-2, NMSA 57-12-3 · Needs counsel review