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Addiction treatment marketing rules in New Mexico
What you can claim, how you can pay for referrals, and where New Mexico diverges from the federal floor. Derived from the live ruleset library.
Yes. New Mexico has its own addiction-treatment marketing law, and Pre-Trip carries it as a live, human-reviewed ruleset, last verified 2026-07-23. On top of the federal floor that applies everywhere (EKRA, 42 CFR Part 2, and the FTC Act), New Mexico adds state-specific limits on what you can claim and how you can pay for referrals. A clean pass here means the copy cleared both layers.
New Mexico Unfair Practices Act, NMSA 57-12-2(D) (unfair or deceptive trade practices: false or misleading statements KNOWINGLY made in connection with the sale of services) and 57-12-3 (declaring suc
Every New Mexico scan also runs the always-on federal layer: 42 CFR Part 2 confidentiality and FTC endorsement rules in addic, Platform certification requirements for addiction treatment adve, EKRA referral remuneration in marketing copy, FTC deceptive health claims and endorsements. A ruleset counts toward a clean pass only while it is published, matches its content hash, and its review clock is fresh, which is why the date above is load-bearing.
The claim types New Mexico law puts off-limits in treatment marketing. Each is compiled from the cited section; the scanner reads your copy for them, and the patterns stay on the server.
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High riskPromises of cure or guarantees of treatment success for substance use disorder.
Promises of cure or guarantees of treatment outcome, where knowingly made, are false or misleading statements in connection with the sale of services under the New Mexico Unfair Practices Act, NMSA 57-12-2(D) and 57-12-3, exposing the advertiser to a civil penalty up to $5,000 per willful violation (57-12-11) and private treble damages for willful violations (57-12-10). The Act requires the statement be knowingly made.
NMSA 57-12-2(D), 57-12-3
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High riskOffers of free or covered travel, airfare, lodging, or scholarship beds as an inducement to enter treatment.
Free travel or lodging presented as a misleading inducement, where knowingly made, is an unfair or deceptive practice under NMSA 57-12-2(D). New Mexico has no state brokering statute; referral-remuneration exposure is federal under EKRA.
NMSA 57-12-2(D), 57-12-3
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High riskOffering to provide or arrange transportation to treatment or admission.
Transportation offered as a misleading inducement, where knowingly made, is an unfair or deceptive practice under NMSA 57-12-2(D).
NMSA 57-12-2(D), 57-12-3
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FlagA directory, helpline, or placement service describing itself as independent, unbiased, or neutral in copy that routes callers to treatment providers.
An independence or neutrality claim by a service that in fact routes callers to paying providers, where knowingly false, is an unfair or deceptive practice under NMSA 57-12-2(D).
NMSA 57-12-2(D), 57-12-3
The exposure New Mexico attaches to a marketing violation, by tier. Exact amounts and elements live in the cited statute.
- CivilCivil penalties per violation and deceptive-practices exposure. Amounts are in the cited section.
What the scanner does with two versions of the same idea. The flagged line is rendered the way Pre-Trip renders a finding; the clean line is a pass.
Our program guarantees your recovery from addiction, for good.
A promise of cure or a guaranteed outcome for substance use disorder. Outcomes cannot be guaranteed, and the claim is unsubstantiated on its face.
Cure and guarantee claims · NMSA 57-12-2 (unfair or deceptive practices)
Our program gives people the tools and the support to build lasting recovery.
Describes the service and the support without promising a guaranteed result.
Compensation for marketers, recruiters, or referral partners described as paid per admission, per patient, per referral, or per placement, or otherwise conditioned on the volume or value of patients delivered.. In New Mexico, no state brokering analog was located, so referral-remuneration exposure is federal-only under EKRA.
18 U.S.C. 220 makes paying or receiving remuneration for referrals to recovery homes, clinical treatment facilities, or labs a federal crime, up to $200,000 and 10 years per occurrence, and labeling t
New Mexico and federal sources
- NMSA 57-12-2 (unfair or deceptive practices) primary
- NMSA 57-12-3 (unlawful) primary
- NMSA 57-12-10 (private treble damages) primary
- NMAC 7.21 (behavioral health)
- 42 C.F.R. Part 2 (eCFR current text) primary
- 16 C.F.R. Part 255 Endorsement Guides primary
- HHS fact sheet, 42 CFR Part 2 Final Rule (2024)
- 15 U.S.C. 45d (OARFPA 2018) primary
- Google Ads Healthcare and medicines policy primary
Pre-Trip is a rigorous screen, not legal advice. Counsel decides; we help you arrive prepared. Coverage for New Mexico reflects the library as of the build and changes as the law does.