EOLO Act for Providers
Qualified Provider Definition
- a physician licensed pursuant to the Medical Practice Act;
- an osteopathic physician licensed pursuant to the Osteopathic Medicine Act;
- a nurse licensed in advanced practice pursuant to the Nursing Practice Act;
- or a physician assistant licensed pursuant to the Physician Assistant Act or the Osteopathic Medicine Act.
New Mexico Department of Health Reporting
The New Mexico Department of Health has issued a Public Health Order directing health care providers to complete the Medical Aid in Dying Reporting Form as required by the Elizabeth Whitefield End-of-Life Options Act. The purpose of this Public Health Order is to formally publish the Medical Aid in Dying Reporting Form and notify participating health care providers of their obligation to submit the form to the New Mexico Department of Health Bureau of Vital Records and Health Statistics. Read and download the Public Health Order here.
- A qualified individual must sign a witnessed request form that is explicit about understanding and requesting medical aid in dying.
- The prognosis must be confirmed by a consulting provider, if the patient is not enrolled in hospice.
- If indicated, a mental health professional consultation is required to assess and affirm mental competency before medications can be prescribed.
- The Act creates a “right to know” about all medically appropriate options available to the qualified individual.
- The Act grants immunity from criminal liability and from professional discipline for all involved as long as they provide reasonable care and in good faith in compliance with the EWEOLO Act.
- No health care provider is required to participate as long as referral information is provided to a requesting individual and records are forwarded.
- The existing New Mexico statute prohibiting assisting suicide is amended to create a clear exception for those who are acting pursuant to the EWEOLO Act.