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New Mexico

Emergency Contraception


New Mexico explicitly allows pharmacists to provide emergency contraception (EC) directly to women without a prescription. A pharmacist may provide EC to a woman under a written protocol approved by the New Mexico Board of Pharmacy.

A pharmacist exercising prescriptive authority for EC must complete an EC training course provided by the Department of Health, Planned Parenthood, or a similar health authority or professional body accredited by the American Council on Pharmaceutical Education. The training must include instruction and materials on: (1) current standards for prescribing EC; (2) identifying indications for use of EC; (3) interviewing patients to establish the need for EC; and (4) counseling patients about the safety, efficacy, and potential adverse effects of EC. In addition, pharmacists must complete a minimum requirement of continuing education every two years.

A pharmacist may only provide those medications delineated in the written protocol. Informed consent must be documented, and the record of consent must be maintained by the pharmacy for at least three years. Upon signed consent of the patient or guardian, the pharmacist must notify the patient's primary-care provider of the EC prescription.

N.M. Admin. Code tit. 16, § 16.19.26 (Effective 2003).


New Mexico law ensures that sexual-assault survivors receive access to emergency contraception (EC) in hospital emergency rooms.  As part of the minimum standards for the examination and treatment of a sexual-assault survivor, a physician or other health-care provider must provide a woman with medically and factually accurate written and oral information about EC, offer her EC, and provide EC to her upon request.

N.M. Stat. Ann. §§ 24-10D-1 to -5 (Enacted 2003).


New Mexico provides Medicaid coverage of emergency contraception without a prescription.

NARAL Pro-Choice America Survey of State Medicaid Offices

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