N.M. Stat. § 61-11-20 — NM Code / Chapter 61 / Article 11 / Section 61-11-20
§ 61-11-20. Disciplinary proceedings; Uniform Licensing Act
Status: in_force

A. In accordance with the Uniform Licensing Act, the board may deny, withhold, suspend or revoke any registration or license held or applied for under the Pharmacy Act upon grounds that the licensee or applicant:

(1) is guilty of gross immorality or dishonorable or unprofessional conduct as defined by regulation of the board;

(2) is convicted of a violation of a federal law relating to controlled substances, a federal food and drug law or a federal law requiring the maintenance of drug records;

(3) is guilty of a violation of the Controlled Substances Act, the Drug Product Selection Act, the Imitation Controlled Substances Act, the Pharmacy Act, the New Mexico Drug, Device and Cosmetic Act or the Drug Precursor Act;

(4) is addicted to the use of dangerous drugs or narcotic drugs of any kind;

(5) is habitually intemperate;

(6) is guilty of knowingly or fraudulently adulterating or misbranding or causing to be adulterated or misbranded any drugs;

(7) is guilty of procuring or attempting to procure licensure as a pharmacist or pharmacist intern, registration as a pharmacy technician or licensure for a pharmacy or pharmaceutical business in this state for the licensee's or applicant's own self or another by knowingly making or causing to be made false representations to the board;

(8) is unfit or unable to practice pharmacy by reason of a physical or mental disease or disability as determined by the board and based on competent medical authority, during the period of such disability;

(9) fails to maintain any drug record required by federal law and that failure results in the condemnation of any drugs in the licensee's or applicant's possession or control;

(10) is convicted of a felony;

(11) has furnished false or fraudulent material in an application made in connection with drug or device manufacturing or distribution;

(12) has had a nonresident pharmacy, drug manufacturer, wholesale drug distributor, returned drugs processor, outsourcing facility, repackager or third-party logistics provider license or federal registration suspended or revoked;

(13) has obtained remuneration for professional services by fraud, misrepresentation or deception;

(14) has dealt with drugs or devices that the licensee or applicant knew or should have known were stolen;

(15) has purchased or received a drug or device from a source other than a person or pharmacy licensed pursuant to the Pharmacy Act, unless otherwise provided in that act, the Controlled Substances Act or the New Mexico Drug, Device and Cosmetic Act;

(16) is a wholesale drug distributor, manufacturer, outsourcing facility or repackager other than a pharmacy and dispenses or distributes drugs or devices directly to a patient;

(17) has violated a rule adopted by the board pursuant to the Pharmacy Act; or

(18) has divulged or revealed confidential information or personally identifiable information to a person other than a person authorized by the provisions of the Pharmacy Act or regulations adopted pursuant to that act to receive that information.

B. Disciplinary proceedings may be instituted by a person, shall be by sworn complaint and shall conform with the provisions of the Uniform Licensing Act. A party to the hearing may obtain a copy of the hearing record upon payment of costs for the copy.

C. The board may modify a prior order of revocation, suspension or refusal to issue a license of a pharmacist or a pharmacist intern or registration of a pharmacy technician but only upon a finding by the board that there no longer exist any grounds for disciplinary action; provided that cessation of the practice of pharmacy for twelve months or more shall require the pharmacist to undergo additional education, internship or examination as the board determines necessary.