New Mexico Register / Volume XXXVII,
Issue 20 / October 20, 2026
NOTICE
OF PUBLIC HEARING
The
New Mexico Department of Health (Department) will hold a public hearing on the proposed adoption
of a new rule, 7.35.4 NMAC, and the proposed amendment of existing rule section
7.35.2.7 NMAC, concerning the New Mexico Medical Psilocybin Program (“Program”).
The hearing will be held on Friday, November
20, 2026 at 9:00 a.m. in the Harold Runnels Building
auditorium, located at 1190 St. Francis Drive, Santa Fe, New Mexico. The hearing will also be broadcast via a live
web-based video conference, and via telephone. Members of the public who wish to submit
public comment regarding the proposed rule will be able to do so in person at
the hearing, via video conference, or via telephone during the hearing, and by
submitting written comment.
The proposed rule 7.35.4
NMAC would adopt standards for the Medical Psilocybin Treatment Equity
Fund. The rule includes, but is not
limited to, the following:
·
Eligibility
standards and submittal requirements for qualified New Mexico patients
·
Covered
medical services
·
Claim
and invoice submittal requirements
·
Reimbursement
standards
·
Record
retention and audit requirements
·
Permitted
travel expenses
·
Program
monitoring
·
Grounds
for denial, payment holds, and suspensions
·
Recovery
of overpayments
·
Process
for review of adverse determinations
The proposed
amendment of 7.35.2.7 NMAC would adopt revisions to the Definitions of that
rule section, which would be incorporated by reference at 7.35.4.7 NMAC.
The purpose of the
proposed rule and rule amendment is to implement the Medical Psilocybin Act, sections
26-2D-1 through -11, NMSA 1978.
The legal
authority authorizing the adoption of the rule and rule amendment by the
Department is the Department of Health Act, Subsection E of Section 9-7-6 NMSA
1978, which authorizes the secretary of the department of health to “...make
and adopt such reasonable and procedural rules and regulations as may be
necessary to carry out the duties of the department and its divisions”; and the
Medical Psilocybin Act, at Section 26-2D-11(A), NMSA 1978, which requires the
Department to administer the Medical Psilocybin Treatment Equity Fund, and at Section
26-2D-7(A)(7), NMSA 1978, which requires the Department to establish “other
requirements, restrictions and limitations promulgated by the department to
ensure an efficacious program.”
A free copy of
the full text of the proposed rule and proposed rule amendment can be obtained
online from the New Mexico Department of Health’s website at http://nmhealth.org/about/asd/cmo/rules/or
by contacting the Department using the contact information below.
The public hearing will be conducted to receive public
comment on the proposed rule and proposed rule amendment. Any interested member of the public may
attend the hearing and may submit data, views, or arguments on the proposed
rule either orally or in writing during the hearing.
The hearing will be held on November 20, 2026 at the Harold Runnels Building auditorium, located at
1190 St. Francis Drive, Santa Fe, New Mexico.
To access the hearing via the Internet: please go to https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting
and then enter the following meeting i.d. code and
passcode where indicated on the screen: meeting i.d.
code 237 178 592 421 542 and passcode 43sT9gU2 and then click the “Join a
meeting” button.
To access the hearing by telephone: please call 1-505-312-4308
and enter phone conference i.d. 589 114 62#
Individuals who wish to receive an e-mailed calendar
invitation for the hearing may register online at https://events.gcc.teams.microsoft.com/event/583e4227-4971-47f7-b0bc-0fb1241afdc0@04aa6bf4-d436-426f-bfa4-04b7a70e60ff
All comments will be recorded.
Written public
comment regarding the proposed rule can be submitted either by e-mail to Jacob
Clark at jacob.clark@doh.nm.gov, or by U.S. postal mail to the following
address:
Jacob Clark
NMDOH OGC
P.O. Box 26110
1190 St. Francis Dr., Suite N-4095
Santa Fe, NM
87502-6110
Written
comments must be received by the close of the public rule hearing on November
20, 2026. All written comments will be
published on the agency website at https://www.nmhealth.org/about/asd/cmo/rules/
within 3 days of receipt, and will be available at the New Mexico Department of
Health for public inspection.
If you are an
individual with a disability and need special assistance or accommodation to
attend or participate in the hearing, please contact Jacob Clark by telephone
at (505) 827-2997. The Department
requests at least ten (10) days’ advance notice to provide special
accommodation.