2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-20 - Disciplinary proceedings; Uniform Licensing Act.

A. In accordance with the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], 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 [Chapter 30, Article 31 NMSA 1978], the Drug Product Selection Act [26-3-1 to 26-3-3 NMSA 1978], the Imitation Controlled Substance[s] Act [30-31A-1 through 30-31A-15 NMSA 1978], the Pharmacy Act, the New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978] or the Drug Precursor Act [Chapter 30, Article 31B NMSA 1978];
(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.
History:
1953 Comp., § 67-9-51, enacted by Laws 1969, ch. 29, § 19; 1972, ch. 84, § 57; 1983, ch. 165, § 5; 1997, ch. 131, § 22; 2019, ch. 98, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was added by the compiler and is not part of the law.
The 2019 amendment,
effective June 14, 2019, authorized the board of pharmacy to deny, withhold, suspend or revoke any registration or license held or applied for under the Pharmacy Act upon grounds that the licensee or applicant is guilty of a violation of the Drug Product Selection Act, the Imitation Controlled Substance Act or the Drug Precursor Act, the licensee or applicant has had a nonresident pharmacy, returned drugs processor, outsourcing facility, repackager or third-party logistics provider license or federal registration suspended or revoked, or is a manufacturer, outsourcing facility or repackager other than a pharmacy and dispenses or distributes drugs or devices directly to a patient; and in Subsection A, Paragraph A(3), added "the Drug Product Selection Act, the Imitation Controlled Substance Act", and after "Cosmetic Act", added "or the Drug Precursor Act", in Paragraph A(12), after "has had", deleted "any" and added "a nonresident pharmacy", after "wholesale drug distributor", added "returned drugs processor, outsourcing facility, repackager or third-party logistics provider", and after "license", added "or federal registration", and in Paragraph A(16), after "wholesale drug distributor", added "manufacturer, outsourcing facility or repackager".
The 1997 amendment,
effective June 20, 1997, in Subsection A, deleted "certificate of" preceding "registration" in the introductory language, in Paragraph (7), substituted "licensure" for "registration" and inserted "registration as a pharmacy technician", and added Paragraphs (10) through (18) and made related stylistic changes; substituted "license of a pharmacist or a pharmacist intern or registration of a pharmacy technician" for "license or certificate of registration of a pharmacist or a pharmacist intern"; and deleted former Subsection D, relating to minor violations of the Pharmacy Act.
Authority of the pharmacy board over violations.
— Section 61-1-3L NMSA 1978 grants the board of pharmacy authority to fine pharmacist licensees up to $1,000 for any violation of the Pharmacy Act or for a violation of provisions of the board's rules and regulations for which the Pharmacy Act authorizes disciplinary action. Additionally, Section 61-1-3L NMSA 1978 grants the board authority to impose fines of the same amounts upon non-pharmacist registrants and licensees over whom the board has the power to impose other forms of discipline including license or registration revocation and suspension. As to persons over whom the board lacks such disciplinary powers under the Pharmacy Act, the Uniform Licensing Act does not grant the power to impose fines. 1995 Op. Att'y Gen. No. 95-01.
Commission of crime.
— Board of pharmacy has authority to revoke license of a pharmacist involved in a crime. 1958 Op. Att'y Gen. No. 58-214.
Moral turpitude.
— Board of pharmacy has jurisdiction to suspend or revoke a licensee's certificate when said board determines the fact of any undesirable conduct based on moral turpitude. 1958 Op. Att'y Gen. No. 58-214.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drugs, Narcotics and Poisons § 76.
Revocability of license for fraud or other misconduct before or at time of its issuance, 165 A.L.R. 1138.
Stay pending review of judgment or order revoking or suspending license, 166 A.L.R. 575.
Revocation or suspension of license or permit to practice pharmacy or operate drugstore because of improper sale or distribution of narcotic or stimulant drugs, 17 A.L.R.3d 1408.
Comment note on hearsay evidence in proceedings before state administrative agencies, 36 A.L.R.3d 12.
Criminal liability of pharmacy or pharmacist for welfare fraud in connection with supplying prescription drugs, 16 A.L.R.5th 390.
28 C.J.S. Drugs and Narcotics § 101 et seq.