reglab/housing_qa huggingface dataset:
NM Stat § 26-1-3.1 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-3.1 - Repealed.

History: 1978 Comp., § 26-1-3.1, enacted by Laws 1987, ch. 270, § 4; repealed Laws 2005, ch. 152, § 11.ANNOTATIONSRepeals. — Laws 2005, ch. 152, § 11, repealed 26-1-3.1 NMSA 1978, as enacted by Laws 1987, ch. 270, § 4, relating to other prohibited acts, effective June 30, 2007. For provisions of former section, see the 2004 NMSA 1978 on NMOneSource.com.
NM Stat § 26-1-4 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-4 - Power to enjoin violations.

In addition to the remedies provided the board is authorized to apply to the district court for, and the court shall have jurisdication [jurisdiction] upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any other person from violating any provision of Section 3 [26-1-3 NMSA 1978] of the New Mexico Drug and Cosmetic Act [New Mexico Drug Device and Cosmetic Act], irrespective of whether or not there exists an adequate remedy at law. History: 1953 Comp., § 54-6-29, enacted by Laws 1967, ch. 23, § 4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act. Cross references. — For warnings for minor violations, see 26-1-8 NMSA 1978. For penalties generally, see 26-1-26 NMSA 1978. No authority to charge at board meeting and then collect fine. — The pharmacy board has no authority to charge druggists or wholesalers at a meeting of the board and then set out and collect a fine for any violation or violations of the pharmacy laws at said meeting from said druggists or wholesalers. 1953 Op. Att'y Gen. No. 53-5865 (opinion rendered under former law).
NM Stat § 26-1-5 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-5 - Penalty; exemptions.

No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates, shall be liable under this section [act] by reason of dissemination by him of such false advertisement, unless he has refused, on the request of the board, to furnish the board the name and post-office address of the manufacturer, packer, distributor, seller or advertising agency, who cause [caused] him to disseminate such advertisement. History: 1953 Comp., § 54-6-30, enacted by Laws 1967, ch. 23, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The words "this section" apparently refer to "this act," the New Mexico Drug, Device and Cosmetic Act, which is compiled as this article. Cross references. — For definition of "advertisement", see 26-1-2Q NMSA 1978. No authority to charge at board meeting and then collect fine. — The pharmacy board has no authority to charge druggist or wholesalers at a meeting of the board and then set out and collect a fine for any violation or violations of the pharmacy laws at said meeting from said druggists or wholesalers. 1953 Op. Att'y Gen. No. 53-5865 (opinion rendered under former law).
NM Stat § 26-1-7 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-7 - Attorney general or district attorney to institute prosecutions.

It is the duty of the attorney general or the various district attorneys of this state to whom the board reports any violation of the New Mexico Drug, Device and Cosmetic Act to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. History: 1953 Comp., § 54-6-32, enacted by Laws 1967, ch. 23, § 7; 2005, ch. 152, § 2. ANNOTATIONSCross references. — For duties generally of attorney general, see 8-5-2 NMSA 1978. The 2005 amendment, effective June 17, 2005, deleted the provision that requires the board to permit the person against whom criminal proceedings are contemplated to present his or her views to the board before a violation is reported to the district attorney. No authority to charge at board meeting and then collect fine. — The pharmacy board has no authority to charge druggist or wholesalers at a meeting of the board and then set out and collect a fine for any violation or violations of the pharmacy laws at said meeting from said druggists or wholesalers. 1953 Op. Att'y Gen. No. 53-5865 (opinion rendered under former law).
NM Stat § 26-1-8 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-8 - Minor violations of act; warnings authorized.

Nothing in the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] shall be construed as requiring the board to report for the institution of proceedings, minor violations of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act], whenever the board believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. History: 1953 Comp., § 54-6-33, enacted by Laws 1967, ch. 23, § 8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
NM Stat § 26-1-13 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-13 - Packaging and labeling requirements; proprietary preparations.

A. The principal display panel of an over-the-counter packaged drug or device shall bear as one of its principal features a statement of the identity of the commodity. The statement shall include the established name of the drug or the common name of the device and an accurate statement of the general pharmacological category of the drug or the principal intended action of the drug or device in terms meaningful to the layman. B. In the case of an over-the-counter drug that is a mixture with no established name, a conspicuous enumeration of each active ingredient that is a mixture with no established name and a conspicuous enumeration of each active ingredient immediately followed by an accurate statement of the general pharmacological category of the ingredients or of its principal intended action in terms that are meaningful to the layman. C. This section shall not apply to any drug or class of drugs exempted by regulations promulgated under the federal Fair Packaging and Labeling Act. D. The label of an over-the-counter packaged drug or device shall bear a declaration of the net quantity of its contents. E. Dangerous drugs or over-the-counter preparations subject to the federal Poison Prevention Packaging Act of 1970 shall meet the safety closure standards and regulations promulgated pursuant to the federal Poison Prevention Packaging Act of 1970. History: 1953 Comp., § 54-6-38, enacted by Laws 1972, ch. 84, § 47. ANNOTATIONSRepeals and reenactments. — Laws 1972, ch. 84, § 47 repealed 54-6-38, 1953 Comp., relating to depressant, stimulant and hallucinogenic drugs, and enacted a new section. Cross references. — For the federal Fair Packaging and Labeling Act, see 15 U.S.C. § 1451 et seq. For the federal Poison Prevention Packaging Act of 1970, see 15 U.S.C. § 1471. Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of manufacturer or seller for injury or death allegedly caused by failure to warn regarding danger in use of vaccine or prescription drug, 94 A.L.R.3d 748. Promotional efforts directed toward prescribing physician as affecting prescription drug manufacturer's liability for product-caused injury, 94 A.L.R.3d 1080. Strict products liability: liability for failure to warn as dependent on defendant's knowledge of danger, 33 A.L.R.4th 368.
NM Stat § 26-1-15 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-15 - Dangerous drugs; veterinary use; limitations.

A. A dangerous drug intended for veterinary use which is not safe for animal use except under the direct supervision of a licensed veterinarian and for which adequate directions for use cannot be prepared, shall bear the legend "CAUTION: federal law restricts this drug to use by or on the order of a licensed veterinarian" and the label shall meet the requirements of the federal act. Such drugs may be sold or distributed by a person possessing a limited license issued by the board under Subsection B of Section 61-11-14 NMSA 1978, on the order of a licensed veterinarian, provided adequate records of receipt and distribution are kept as required in the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act]. B. Drugs which are exempted by the federal act for veterinary use without a prescription shall be labeled to indicate that the drug is for veterinary use and the label shall meet the requirements of the federal act. History: 1953 Comp., § 54-6-40, enacted by Laws 1972, ch. 84, § 48; 1973, ch. 217, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act. Repeals and reenactments. — Laws 1972, ch. 84, § 48, repealed 54-6-40, 1953 Comp., relating to enumeration of dangerous drugs, and enacted a new 26-1-15 NMSA 1978. Cross references. — For definition of dangerous drugs under the New Mexico Drug, Device and Cosmetic Act, see 26-1-2F NMSA 1978. For definition of federal act, see 26-1-2W NMSA 1978.
NM Stat § 26-1-16.1 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-16.1 - Opioids; requiring practitioners to obtain and review reports from the prescription monitoring program.

A. For purposes of this section: (1) "opioid" means the class of drugs that includes the natural derivatives of opium, which are morphine and codeine, and related synthetic and semi-synthetic compounds that act upon opioid receptors; (2) "practitioner" does not include a pharmacist, veterinarian or euthanasia technician; (3) "prescription monitoring program" means a program that includes a centralized system to collect, monitor and analyze electronically, for Schedule II through V controlled substances, prescribing and dispensing data submitted by dispensers; and (4) "Schedule II through V controlled substance" means a substance listed in Schedule II, III, IV or V pursuant to the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] or the federal controlled substances regulation, pursuant to 21 U.S.C. 812. B. Before a practitioner prescribes or dispenses an opioid for the first time to a patient, the practitioner shall obtain and review a report from the state's prescription monitoring program for such patient for the previous twelve calendar months. If the practitioner has access to a similar report from an adjacent state for the patient, the practitioner shall also obtain and review that report. The provisions of this subsection shall not apply to the prescription or dispensing of an opioid for a supply of four days or less. C. A practitioner shall obtain and review a report from the state's prescription monitoring program and similar reports from an adjacent state, if any, no less than once every three months for each established patient for whom the practitioner continuously prescribes or dispenses opioids. D. A practitioner shall document the receipt and review of reports required by this section in the patient's medical record. E. Nothing in this section shall be construed to prevent a practitioner from obtaining and reviewing a report regarding a practitioner's patient from the state's prescription monitoring program or a similar report from another state with greater frequency than that required by this section, in accordance with the practitioner's professional judgment. F. Nothing in this section shall be construed to require a practitioner to obtain a prescription monitoring report when prescribing an opioid to a patient in a nursing facility or in hospice care. G. The professional licensing board of each category of practitioner that is licensed or otherwise authorized to prescribe or dispense an opioid shall promulgate rules to implement the provisions of this section. Nothing in this section shall be construed to prevent a professional licensing board from requiring by rule that practitioners obtain prescription monitoring program reports with greater frequency than that required by this section. History: Laws 2016, ch. 46, § 1. ANNOTATIONSEffective dates. — Laws 2016, ch. 46, § 2 makes Laws 2016, ch. 46, § 1 effective January 1, 2017.
NM Stat § 26-1-17 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-17 - Testing laboratory.

The college of pharmacy of the university of New Mexico shall serve as the testing laboratory for samples collected for examination pursuant to the provisions of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act]. History: 1953 Comp., § 54-6-42, enacted by Laws 1967, ch. 23, § 17. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
NM Stat § 26-1-18.1 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-18.1 - Prescription drug prior authorization protocols.

A. After January 1, 2014, a prescribing practitioner seeking prior authorization from a health insurer may use the uniform prior authorization form developed pursuant to Sections 2 [59A-2-9.8 NMSA 1978] and 3 [61-11-6.2 NMSA 1978] of this 2013 act. B. As used in this section: (1) "health insurer" means a health insurer; a nonprofit health service provider; a health maintenance organization; a managed care organization; or a provider service organization. "Health insurer" does not include: (a) a person that delivers, issues for delivery or renews an individual policy intended to supplement major medical group-type coverages such as medicare supplement, long-term care, disability income, specified disease, accident-only, hospital indemnity or other limited-benefit health insurance policy; (b) a physician or a physician group to which a health insurer has delegated financial risk for prescription drugs and that does not use a prior authorization process for prescription drugs; or (c) a health insurer or its affiliated providers if the health insurer owns and operates its pharmacies and does not use a prior authorization process for prescription drugs; and (2) "prescribing practitioner" means a person that is licensed or certified to prescribe and administer drugs that are subject to the New Mexico Drug, Device and Cosmetic Act. History: Laws 2013, ch. 170, § 4. ANNOTATIONSEffective dates. — Laws 2013, ch. 170 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
NM Stat § 26-1-19 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-19 - Power to make inspections and secure samples.

The board or its duly authorized agent shall have free access at all reasonable hours to any factory, warehouse or establishment in which drugs, devices or cosmetics are manufactured, processed, packed or held for introduction into commerce, or to enter any vehicle being used to transport or hold such drugs, devices or cosmetics in commerce, for the purpose of inspecting such factory, warehouse, establishment or vehicle to determine if any of the provisions of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] are being violated, and to secure samples or specimens of any drug, device or cosmetic after paying or offering to pay for such sample. It shall be the duty of the board to make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] is being violated. History: 1953 Comp., § 54-6-44, enacted by Laws 1967, ch. 23, § 19. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
NM Stat § 26-1-20 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-20 - Personnel.

The board shall employ such personnel for the administration and enforcement of the provisions of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] as may be necessary. History: 1953 Comp., § 54-6-45, enacted by Laws 1967, ch. 23, § 20. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
NM Stat § 26-1-21 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-21 - Power of board to publish reports and disseminate information.

A. The board may cause to be published from time to time reports summarizing all judgments, decrees and court orders which have been rendered, including the nature of the charge and the disposition thereof. B. The board may also cause to be disseminated such information regarding drugs, devices and cosmetics as the board deems necessary in the interest of the public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the board from collecting, reporting and illustrating the results of the investigations of the board. History: 1953 Comp., § 54-6-46, enacted by Laws 1967, ch. 23, § 21. ANNOTATIONSGenerally. — A statute such as this one authorizes or permits the pharmacy board to make public, through the pharmaceutical association drug store "El Boticario," an item pertaining to the sale of a legendary drug to a nondrug store, if a conviction or convictions have been obtained in the courts of the state of New Mexico, but not otherwise. 1953 Op. Att'y Gen. No. 53-5865 (opinion rendered under former law). The board is permitted and authorized to disseminate all reports and other information, and the fact that the firms, persons or agencies named in said item are published in an outside publication would not incriminate the board or agency mentioned in all cases where conviction or convictions have been obtained in the courts of this state, but not otherwise. 1953 Op. Att'y Gen. No. 53-5865 (opinion rendered under former law).
NM Stat § 26-1-22 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-22 - Unlawful means of obtaining dangerous drugs enumerated.

It shall be unlawful for any person to obtain or attempt to obtain any dangerous drug or to procure or attempt to procure the administration of any dangerous drugs other than a controlled substance: A. by fraud, deceit, misrepresentation or subterfuge; or B. by forgery or alteration of a prescription or of any written order; or C. by the concealment of a material fact; or D. by the use of a false name or the giving of a false name or the giving of a false address. History: 1953 Comp., § 54-6-47, enacted by Laws 1967, ch. 23, § 22; 1972, ch. 84, § 51. ANNOTATIONSCross references. — For definition of "dangerous drugs", see 26-1-2 NMSA 1978.
NM Stat § 26-1-23 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-23 - False statements; false pretenses; forgery of labels or prescriptions prohibited.

It shall be unlawful for any person to: A. willfully make a false statement in any prescription, order, report or record required by the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act]; B. falsely assume the title of or represent himself to be a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian or other authorized person for the purpose of obtaining any of the dangerous drugs; C. make or utter any false or forged label to a package containing any of the dangerous drugs; or D. make or utter any false or forged prescription or false or forged written order for dangerous drugs other than controlled substances. History: 1953 Comp., § 54-6-48, enacted by Laws 1967, ch. 23, § 23; 1972, ch. 84, § 52. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act. Cross references. — For definition of "prescription", see 26-1-2I NMSA 1978. For definition of "label", see 26-1-2M NMSA 1978.
NM Stat § 26-1-24 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-24 - Cosmetics; misbranding.

A cosmetic shall be deemed to be misbranded: A. if its labeling is false or misleading in any particular; B. if in package form unless it bears a label containing: (1) the name and place of business of the manufacturer, packer or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that reasonable variations shall be permitted, and exemptions made for information pertaining to weight, measure or numerical count as to small packages, shall be established by regulations prescribed by the board; C. if any word, statement or other information required by or under the authority of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of the purchase and use; D. if its container is so made, formed or filled as to be misleading; or E. if it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal act. This section shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes bearing required label. History: 1953 Comp., § 54-6-49, enacted by Laws 1967, ch. 23, § 24. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act. Cross references. — For definition of "misbranded", see 26-1-2 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Products liability: perfumes, colognes, or deodorants, 46 A.L.R.4th 1197.