2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-15 - Pharmacies; sale of drugs; supervision requirements.

A. An owner of a pharmacy shall not:
(1) fail to place a pharmacist in charge;
(2) intentionally or fraudulently adulterate or cause to be adulterated or misbrand or cause to be misbranded any drugs compounded, sold or offered for sale in the pharmacy;
(3) alone or through any other person, permit the compounding of prescriptions or the selling of dangerous drugs in the owner's place of business except by a pharmacist, pharmacist intern or pharmacy technician;
(4) alone or through any other person, sell, offer for sale, compound or dispense dangerous drugs without being a pharmacist, pharmacist intern or pharmacy technician; provided that veterinary drugs bearing the legend: "caution: federal law restricts this drug to use by or on the order of a licensed veterinarian" may be sold, offered for sale or distributed by persons holding a license issued pursuant to Subsection B of Section 61-11-14 NMSA 1978; or
(5) operate a pharmacy without the appropriate license.
B. An owner of a pharmacy shall provide to a consumer or the attorney general the current retail price for a prescription drug in any dosage or quantity when a consumer or the attorney general requests that information by phone, electronic device or otherwise. If a consumer requests the current retail prices for more than five prescription drugs at one time, the owner shall provide the information to the consumer no more than five days after the request is made; provided that the consumer:
(1) requests the information in writing;
(2) has a valid prescription for all the drugs for which the information is requested; and
(3) has made no more than three separate requests to the owner for the current retail prices for more than five prescription drugs within a six-month period.
C. Whenever an applicable law, rule or regulation requires or prohibits action by a pharmacy, responsibility for the violation shall be that of the owner and the pharmacist in charge.
D. As used in this section, "current retail price" means the cash price for a prescription drug charged to a consumer who has no prescription drug coverage.
History:
1953 Comp., § 67-9-46, enacted by Laws 1969, ch. 29, § 14; 1973, ch. 173, § 3; 1997, ch. 131, § 17; 2009, ch. 184, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, added Subsections B and D.
The 1997 amendment,
effective June 20, 1997, designated the former introductory language as Subsection A; in Subsection A, redesignated former Subsections A through E as Paragraphs (1) through (5); deleted "of the pharmacy; provided that his restriction shall not apply to any person possessing only a limited license issued under Subsection B of Section 67-9-45 NMSA 1978" following "charge" in Paragraph (1), inserted "or" in Paragraph (2), in Paragraph (3), deleted "or poisons" following "drugs", deleted "or a" preceding "pharmacist intern", and added "or pharmacy technician; in Paragraph (4), added "by himself or through any other person" at the beginning of the paragraph, deleted "or poisons" following "drugs", inserted "pharmacist intern or pharmacy technician", deleted "limited" following "holding a", substituted "pursuant to" for "under", and substituted "61-11-14 NMSA 1978" for "67-9-45 NMSA 1978"; and added Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drugs, Narcotics and Poisons § 69.
Constitutionality of statute regulating sale of poisons, drugs or medicines, 54 A.L.R. 730.
Constitutionality of statute regulating sale or dispensation of medicines or drugs in original package, 54 A.L.R. 744.
Construction and effect of statutes in relation to operation of drugstore, pharmacy or chemical store without a registered pharmacist, 74 A.L.R. 1084.
Mistake as to chemical or product furnished or misdescription thereof by label or otherwise as basis of liability for personal injury or death resulting from combination with other chemical, 123 A.L.R. 939.
Criminal liability for death resulting from unlawfully furnishing intoxicating liquor or drugs to another, 32 A.L.R.3d 589.
Alteration of product after it leaves hands of manufacturer or seller as affecting liability for product-caused harm, 41 A.L.R.3d 1251.
Common-law right of action for damage sustained by plaintiff in consequence of sale or gift of intoxicating liquor or habit-forming drug to another, 97 A.L.R.3d 528, 62 A.L.R.4th 16.
State and local administrative inspection of and administrative warrants to search pharmacies, 29 A.L.R.4th 264.
Construction and application of learned-intermediary doctrine, 57 A.L.R.5th 1.
28 C.J.S. Drugs and Narcotics § 45 et seq.