EOLO Act for Providers

Qualified Provider Definition

In New Mexico, a healthcare provider is qualified to prescribe a medication to be used in medical aid in dying if s/he is:
  • 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.

Key Principles

  • 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 and the ability to make an informed healthcare decision before medications can be prescribed.
  • The Act creates a “right to know” responsibility for clinicians to discuss all medically appropriate end-of-life options with their patients who have life threatening conditions.
  • 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 in provision of medical aid in dying as long as referral information is provided to a requesting individual and medical records are forwarded. Clinicians with a conscientious or religious objection are exempted from this requirement.
  • The existing New Mexico statute prohibiting assisting suicide is amended to create a clear exception for all those who are participating in medical aid in dying, pursuant to the EWEOLO Act.

New Mexico Dept. of Health Responsibilities

The EOLO Act specifically requires the New Mexico Department of Health (NMDOH) to develop, distribute, and collect a Medical Aid in Dying Reporting Form to be completed by clinicians for each patient that receives a MAID prescription. The data elements to be collected are specified in the law. The NMDOH is also required to summarize the report forms and publish an Annual Report that is to be made available to the public. Below is a link to the NMDOH webpage which briefly explains the Act, reviews provider responsibilities for reporting including the reporting form, provides links to helpful website, and will eventually include the Annual Report.

To Learn More

This area is under development, and we will be happy to discuss the Act, or anything else related. Contact us at info@endoflifeoptionsnm.org.

NMDOH MAID Reporting Form

The New Mexico Department of Health has has updated it’s Medical Aid in Dying Reporting Form as required by the Elizabeth Whitefield End-of-Life Options Act.  

NM DOH MAID Reporting
Form for Download

Updated 10/23