reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 10 - Osteopathic Medicine (Repealed.) › Section 61-10-22 - Repealed.

History:
1978 Comp., § 61-10-22, enacted by Laws 1979, ch. 36, § 2; 1981, ch. 241, § 23; 1985, ch. 87, § 8; 1991, ch. 189, § 14; 1997, ch. 46, § 10; 2003, ch. 428, § 10; 2009, ch. 96, § 7; 2015, ch. 119, § 9; 2016, ch. 90, § 26; repealed by Laws 2021, ch. 54, § 49.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 54, § 49 repealed 61-10-22 NMSA 1978, as enacted by Laws 1979, ch. 36, § 2, relating to termination of agency life, delayed repeal, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 10A - Osteopathic Physicians' Assistants (Repealed.) › Section 61-10A-1 - Repealed.

History:
Laws 1979, ch. 26, § 1; repealed by Laws 2016, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 90, § 29 repealed 61-10A-1 NMSA 1978, as enacted by Laws 1979, ch. 26, § 1, relating to the short title, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 10A - Osteopathic Physicians' Assistants (Repealed.) › Section 61-10A-2 - Repealed.

History:
Laws 1979, ch. 26, § 2; 1989, ch. 9, § 6; repealed by Laws 2016, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 90, § 29 repealed 61-10A-2 NMSA 1978, as enacted by Laws 1979, ch. 26, § 2, relating to definitions, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 10A - Osteopathic Physicians' Assistants (Repealed.) › Section 61-10A-3 - Repealed.

History:
Laws 1979, ch. 26, § 3; repealed by Laws 2016, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 90, § 29 repealed 61-10A-3 NMSA 1978, as enacted by Laws 1979, ch. 26, § 3, relating to administration of act, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 10A - Osteopathic Physicians' Assistants (Repealed.) › Section 61-10A-4 - Repealed.

History:
Laws 1979, ch. 26, § 4; 1989, ch. 9, § 7; 1994, ch. 57, § 15; 1994, ch. 80, § 13; 1997, ch. 187, § 10; repealed by Laws 2016, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 90, § 29 repealed 61-10A-4 NMSA 1978, as enacted by Laws 1979, ch. 26, § 4, relating to licensure as osteopathic physician assistant, scope of authority, annual registration of employment, and employment change, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 10A - Osteopathic Physicians' Assistants (Repealed.) › Section 61-10A-4.1 - Repealed.

History:
1978 Comp., § 61-10A-4.1, enacted by Laws 1989, ch. 9, § 8; 1997, ch. 187, § 11; repealed by Laws 2016, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 90, § 29 repealed 61-10A-4.1 NMSA 1978, as enacted by Laws 1989, ch. 9, § 8, relating to fees, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 10A - Osteopathic Physicians' Assistants (Repealed.) › Section 61-10A-4.2 - Repealed.

History:
1978 Comp., § 61-10A-4.2, enacted by Laws 1997, ch. 187, § 12; repealed by Laws 2016, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 90, § 29 repealed 61-10A-4.2 NMSA 1978, as enacted by Laws 1997, ch. 187, § 12, relating to inactive license, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 10A - Osteopathic Physicians' Assistants (Repealed.) › Section 61-10A-4.3 - Repealed.

History:
1978 Comp., § 61-10A-4.3, enacted by Laws 1997, ch. 187, § 13; repealed by Laws 2016, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 90, § 29 repealed 61-10A-4.3 NMSA 1978, as enacted by Laws 1997, ch. 187, § 13, relating to exemption from licensure, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 10A - Osteopathic Physicians' Assistants (Repealed.) › Section 61-10A-5 - Repealed.

History:
Laws 1979, ch. 26, § 5; repealed by Laws 2016, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 90, § 29 repealed 61-10A-5 NMSA 1978, as enacted by Laws 1979, ch. 26, § 5, relating to denial, suspension or revocation, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 10A - Osteopathic Physicians' Assistants (Repealed.) › Section 61-10A-6 - Repealed.

History:
Laws 1979, ch. 26, § 6; 1989, ch. 9, § 9; 1989, ch. 371, § 8; 1994, ch. 57, § 16; 1994, ch. 80, § 14; 1997, ch. 187, § 14; repealed by Laws 2016, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 90, § 29 repealed 61-10A-6 NMSA 1978, as enacted by Laws 1979, ch. 26, § 6, relating to rules and regulations, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 10A - Osteopathic Physicians' Assistants (Repealed.) › Section 61-10A-7 - Repealed.

History:
Laws 1979, ch. 26, § 7; 2007, ch. 250, § 2; repealed by Laws 2016, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 90, § 29 repealed 61-10A-7 NMSA 1978, as enacted by Laws 1979, ch. 26, § 7, relating to responsibility, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-1 - Short title.

Chapter 61, Article 11 NMSA 1978 may be cited as the "Pharmacy Act".
History:
1953 Comp., § 67-9-33, enacted by Laws 1969, ch. 29, § 1; 1997, ch. 131, § 1.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, substituted "Chapter 61, Article 11 NMSA 1978" for "This act".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability of pharmacist who accurately fills prescription for harm resulting to user, 44 A.L.R.5th 393.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-1.1 - Legislative findings; purpose of act.

A. The legislature finds that the practice of pharmacy in New Mexico is a professional practice affecting the public health, safety and welfare and is subject to regulation and control in the public interest. The legislature finds further that it is a matter of public interest and concern that the practice of pharmacy as defined in the Pharmacy Act merit and receive the confidence of the public, and that only qualified persons be permitted to engage in the practice of pharmacy so that the quality of drugs and related devices distributed in New Mexico is ensured.
B. The purpose of the Pharmacy Act is to promote, preserve and protect the public health, safety and welfare by and through the effective control and regulation of the practice of pharmacy, including the licensure of pharmacists and pharmacist interns and registration of pharmacy technicians; the licensure, control and regulation of all sites or persons, in or out of state, who distribute, manufacture or sell drugs or devices used in the dispensing and administration of drugs in New Mexico; and the regulation and control of such other materials as may be used in the diagnosis, treatment and prevention of injury, illness or disease of a patient or other person.
History:
Laws 1997, ch. 131, § 2.
ANNOTATIONS
Standard of care required of retail pharmacists in filling prescriptions for controlled substances.
— Where the personal representative of decedent's estate brought a lawsuit, asserting claims of negligence and negligence per se, against the pharmacy that dispensed certain Schedule II drugs to decedent, who died from an overdose of physician-prescribed medications, the district court erred in granting the pharmacy's motion for summary judgment, because the pharmacy's motion did not establish a prima facie case of entitlement to judgment as a matter of law as to the standard of care or the pharmacy's compliance with the standard, and even if the pharmacy had met that burden, plaintiff's expert affidavit sufficed to establish a genuine dispute of material fact concerning these material issues, and dismissal of the pharmacy from the case was improper because the motion did not demonstrate the pharmacy's entitlement to summary judgment on the separate claim of negligence per se.
Oakey v. May Maple Pharmacy, Inc.
, 2017-NMCA-054, cert. denied.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-3 - Criminal offender's character evaluation.

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Pharmacy Act.
History:
1953 Comp., § 67-9-34.1, enacted by Laws 1974, ch. 78, § 17.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-5 - Board meetings; quorum; officers; bonds; expenses.

A. The board shall annually elect a chairman, vice chairman and secretary-treasurer from its membership.
B. The board shall meet at least once every three months. Special meetings may be called by the chairman and shall be called upon the written request of two or more members of the board. Notification of special meetings shall be made by certified mail unless the notice is waived by the entire board and noted in the minutes. Notice of all regular meetings shall be made by regular mail at least ten days prior to the meeting, and copies of the minutes of all meetings shall be mailed to each board member within forty-five days after any meeting.
C. A majority of the board constitutes a quorum.
D. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
1953 Comp., § 67-9-36, enacted by Laws 1969, ch. 29, § 4; 1997, ch. 131, § 5.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, deleted former Subsection D relating to the execution of a bond by members and employees of the board, and redesignated Subsection E as Subsection D.
Board of pharmacy may select whomever it chooses as secretary,
as there is no compulsion that the secretary so chosen be required to have only that job; the state pharmaceutical association can appoint the same man or woman if it so chooses. 1953 Op. Att'y Gen. No. 53-5776.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 28 C.J.S. Drugs and Narcotics § 8 et seq.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-6.1 - Criminal background checks.

A. The board may adopt rules that provide for criminal background checks for all new licensees to include:
(1) requiring criminal history background checks of applicants for licensure pursuant to the Pharmacy Act;
(2) requiring applicants for licensure to be fingerprinted;
(3) providing for an applicant who has been denied licensure to inspect or challenge the validity of the background check record;
(4) establishing a fingerprint and background check fee not to exceed seventy-five dollars ($75.00) to be paid by the applicant; and
(5) providing for submission of an applicant's fingerprint cards to the federal bureau of investigation to conduct a national criminal history background check and to the department of public safety to conduct a state criminal history check.
B. Arrest record information received from the department of public safety and the federal bureau of investigation shall be privileged and shall not be disclosed to persons not directly involved in the decision affecting the applicant.
C. Electronic live fingerprint scans may be used when conducting criminal history background checks.
History:
Laws 2007, ch. 79, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 79, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-6.2 - Prior authorization request form; development.

A. On or before January 1, 2014, the board shall jointly develop with the insurance division of the public regulation commission a uniform prior authorization form that, notwithstanding any other provision of law, a prescribing practitioner in the state shall use to request prior authorization for coverage of prescription drugs. The uniform prior authorization form shall:
(1) not exceed two pages;
(2) be made electronically available on the web site of the insurance division and on the web site of each health insurer, plan or health maintenance organization that uses the form;
(3) be developed with input received from interested parties pursuant to at least one public meeting; and
(4) take into consideration the following:
(a) any existing prior authorization forms that the federal centers for medicare and medicaid services or the human services department [health care authority department] has developed; and
(b) any national standards pertaining to electronic prior authorization for prescription drugs.
B. As used in this section, "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 [Chapter 26, Article 1 NMSA 1978].
History:
Laws 2013, ch. 170, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Effective 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.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-8 - Drug records to be kept.

Records shall be kept by all persons licensed pursuant to the Pharmacy Act of all dangerous drugs, their receipt, withdrawal from stock and use or other disposal. The records shall be open to inspection by the board or its agents, and the licensee shall be responsible for the maintenance of the records in proper form.
History:
1953 Comp., § 67-9-39, enacted by Laws 1969, ch. 29, § 7; 1972, ch. 84, § 56; 1997, ch. 131, § 8.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, substituted "persons licensed pursuant to the Pharmacy Act" for "hospitals, institutions or clinics" in the first sentence and substituted "the licensee" for "both the pharmacist in charge and the hospital, institution or clinic" in the second sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drugs, Narcotics and Poisons §§ 69, 229.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-9.1 - Surety bonds.

A. The board may require surety bonds or other equivalent means of security, as approved by the board, that are provided by a third party such as insurance, an irrevocable letter of credit or funds deposited in a trust account or financial institution, to secure payment for any administrative or judicial penalties that may be imposed by the board or the state and for any penalties or costs required by board rule or disciplinary action.
B. Surety bonds or other equivalent means of security as approved by the board and required in this section shall apply to initial applicants or renewal applicants as a condition for obtaining or maintaining licensure as a drug manufacturer, nonresident pharmacy, wholesale drug distributor, outsourcing facility, repackager or third-party logistics provider.
C. The board shall set by rule the amount and conditions of the surety bond or other equivalent means of security authorized in this section.
D. The board may waive the surety bond or other requirements of this section if it determines that it is in the best interest of the public to do so. Such waivers may be granted under conditions established by board rule.
E. Manufacturers distributing their own products that have been licensed or approved by the food and drug administration and pharmacy warehouses that are engaged only in intracompany transfers are exempt from this section.
F. A separate surety bond or other equivalent means of security is not required for each company's separate locations or for affiliated companies or groups when such separate locations or affiliated companies or groups are required to apply for or renew their drug manufacturer, nonresident pharmacy, wholesale drug distributor, outsourcing facility, repackager or third-party logistics provider license with the board.
History:
Laws 2007, ch. 79, § 4; 2019, ch. 98, § 2.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, added new license categories for which surety bonds are required, subject to the existing provision that multiple locations or affiliated companies do not need to provide separate surety bonds; in Subsection B, after "maintaining licensure as a", added "drug manufacturer", after "wholesale drug distributor", added "outsourcing facility, repackager or third-party logistics provider"; and in Subsection F, after "renew their", added "drug manufacturer, nonresident pharmacy", and after "wholesale", added "drug", and after "distributor", added "outsourcing facility, repackager or third-party logistics provider".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-10 - Reciprocal licensure.

The board may issue a license, with or without examination, to a person who:
A. is licensed as a pharmacist by examination in another state that under equivalent conditions will grant reciprocal licensure to persons licensed as pharmacists by examination in this state; and
B. produces evidence satisfactory to the board that he has the age, education, experience and qualifications required of applicants for licensure by examination under the provisions of the Pharmacy Act. Any person who was registered by examination in another state prior to May 20, 1940 is required to satisfy only those requirements in existence in this state at the time he was registered in the other state.
History:
1953 Comp., § 67-9-41, enacted by Laws 1969, ch. 29, § 9; 1997, ch. 131, § 10.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, substituted "licensure" for "registration" in the section heading and throughout the section; substituted "licensed" for "registered" throughout the section; substituted "license" for "certificate of registration" in the introductory language; and made a stylistic change in Subsection A.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-11 - Pharmacist intern; qualifications for licensure.

The classification of pharmacist intern is established. An applicant for licensure as a pharmacist intern shall:
A. be not less than eighteen years of age and not be addicted to the use of drugs or alcohol;
B. have satisfactorily completed educational requirements established by rules of the board in a school or college of pharmacy approved by the board; and
C. meet other requirements established by regulation of the board.
History:
1953 Comp., § 67-9-42, enacted by Laws 1969, ch. 29, § 10; 1997, ch. 131, § 11; 2019, ch. 98, § 3.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, changed certain licensure requirements for pharmacist interns; and in Subsection B, after "satisfactorily completed", deleted "not less than thirty semester hours or the equivalent thereof" and added "educational requirements established by rules of the board".
The 1997 amendment,
effective June 20, 1997, substituted "licensure" for "registration" in the section heading and throughout the section; rewrote the introductory language; added the language beginning "and not be" in Subsection A; and in Subsection B, inserted "school or" and substituted "approved by the board" for "accredited by the American council on pharmaceutical education".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-11.1 - Pharmacy technician; qualifications; duties.

A. The classification of pharmacy technician is established. An applicant for registration as a pharmacy technician shall:
(1) be at least eighteen years of age and not addicted to drugs or alcohol;
(2) complete initial training as required by regulations of the board that includes on-the-job and related education commensurate with the tasks to be performed by the pharmacy technician; and
(3) if the potential duties of the pharmacy technician will include the preparation of sterile products, complete an additional one hundred hours of experiential training as required by regulations of the board.
B. Permissible activities for pharmacy technicians under the supervision of a pharmacist include:
(1) the preparation, mixing, assembling, packaging and labeling of medications;
(2) processing routine orders of stock supplies;
(3) preparation of sterile products;
(4) filling of a prescription or medication order that entails counting, pouring, labeling or reconstituting medications; and
(5) tasks assigned by the supervising pharmacist that do not require his professional judgment.
C. The supervising pharmacist shall observe and direct the pharmacy technician to a sufficient degree to assure the accurate completion of the activities of the pharmacy technician and shall provide a final check of all aspects of the prepared product and document the final check before dispensing.
D. The supervising pharmacist shall be responsible for the tasks performed by the pharmacist technician and subject to discipline for failure to appropriately supervise the performance of the pharmacist technician.
History:
Laws 1997, ch. 131, § 12; 2005, ch. 152, § 7.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, added Subsection B(5) to provide that a pharmacy technician perform tasks assigned by the supervising pharmacist that do not require professional judgment.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-12 - License fees.

A. Except as provided in Section 61-1-34 NMSA 1978, an applicant for licensure as a pharmacist or pharmacist intern or registration as a pharmacy technician shall pay the following fees, which fees shall not be returnable:
(1) for initial licensure as a pharmacist, a fee set by the board not to exceed four hundred dollars ($400); provided that if the applicant fails a portion of an examination, reexamination is subject to the same fee as the first examination;
(2) for initial licensure as a pharmacist intern, a fee not to exceed twenty-five dollars ($25.00); and
(3) for initial registration as a pharmacy technician, a fee not to exceed twenty-five dollars ($25.00).
B. The board shall issue a license or registration to each successful applicant and enter the successful applicant's name and pertinent information in the registry maintained by the board.
C. Every registration or license shall have the seal of the board affixed and be signed by the board chair.
History:
1953 Comp., § 67-9-43, enacted by Laws 1969, ch. 29, § 11; 1972, ch. 43, § 1; 1983, ch. 165, § 2; 1989, ch. 103, § 1; 1997, ch. 131, § 13; 2020, ch. 6, § 28.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans, and made certain technical amendments; and in Subsection A, added "Except as provided in Section 61-1-34 NMSA 1978".
The 1997 amendment,
effective June 20, 1997, rewrote this section to the extent a detailed comparison is impracticable.
The 1989 amendment,
effective June 16, 1989, substituted "two hundred dollars ($200)" for "one hundred dollars ($100)" in Subsection A(1), and substituted "not to exceed twenty-five dollars ($25.00)" for "of ten dollars ($10.00)" in Subsection A(3).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drugs, Narcotics and Poisons § 75.
28 C.J.S. Drugs and Narcotics § 29 et seq.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-14.1 - Nonresident pharmacy licensure; toll-free telephone service.

A. Any person making application to the board for a nonresident pharmacy license shall submit to the board an application for licensure that discloses the following information:
(1) the address of the principal office of the nonresident pharmacy and the names and titles of all principal corporate officers and all pharmacists who are dispensing controlled substances or dangerous drugs to residents of this state. A report containing this information shall be made on an annual basis and within thirty days after any change of office location, corporate officer or pharmacist in charge;
(2) that the nonresident pharmacy complies with all lawful directions and requests for information from the regulatory or licensing agency of the state in which it is a resident, as well as with requests for information made by the board pursuant to this section;
(3) that the nonresident pharmacy maintains, at all times, a valid license, permit or registration to operate the pharmacy in compliance with the laws of the state in which it is a resident;
(4) a copy of the most recent inspection report resulting from an inspection of the nonresident pharmacy conducted by the regulatory or licensing agency of the state in which it is a resident; and
(5) that the nonresident pharmacy maintains its records of controlled substances or dangerous drugs that are dispensed to patients in this state so that the records are readily retrievable.
B. A nonresident pharmacy licensed under this section shall provide a toll-free telephone service to facilitate communication between patients in this state and a pharmacist at the nonresident pharmacy who has access to the patient's records. A nonresident pharmacy shall provide the toll-free telephone service during its regular hours of operation, but not less than six days a week and for a minimum of forty hours a week. The toll-free telephone number shall be disclosed on a label affixed to each container of drugs dispensed to patients in this state.
C. Nothing in this section shall be construed to authorize the dispensing of contact lenses by nonresident pharmacies.
History:
1978 Comp., § 61-11-14.1, enacted by Laws 1992, ch. 19, § 7; 1997, ch. 131, § 16.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, purported to amend this section but made no change.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-16 - Pharmacies; equipment required.

There shall be kept in every pharmacy, subject to review or testing by the board or its authorized agents, such references and equipment as the board may designate by regulation.
History:
1953 Comp., § 67-9-47, enacted by Laws 1969, ch. 29, § 15; 1997, ch. 131, § 18.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, inserted "review or" and substituted "such references and equipment as the board" for "modern prescription balances with weights, the necessary graduates, mortars and pestles, all in good condition, for compounding prescriptions, and such books and other equipment the board".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-17 - Display of license.

Every person shall have his license or registration and the license for the operation of the business conspicuously displayed in the pharmacy or place of business to which it applies or in which he is employed.
History:
1953 Comp., § 67-9-48, enacted by Laws 1969, ch. 29, § 16; 1997, ch. 131, § 19.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, rewrote this section to the extent a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-18 - State license; actions authorized.

The board shall license department of health clinics and other health facilities of the department where dangerous drugs are stored, distributed or dispensed. All such clinics or other health facilities of the department are subject to the provisions of the Pharmacy Act.
History:
1953 Comp., § 67-9-49, enacted by Laws 1969, ch. 29, § 17; 1977, ch. 253, § 70; 1997, ch. 131, § 20.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, rewrote the introductory language and deleted former Subsections A, B, and C, relating to the acquisition and repackaging of dangerous drugs, the receipt, possession, and storing of dangerous drugs, and the dispensing of dangerous drugs, respectively.
Employment of licensed pharmacists.
— The health and environment department (now department of health) is not required to employ licensed pharmacists to dispense drugs to patients at the department's public health clinics. 1988 Op. Att'y Gen. No. 88-76.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-18.1 - Reports to board.

Any person licensed under Article 61, Chapter 11 NMSA 1978 shall report in writing the occurrence of any of the following events to the board within fifteen days of discovery:
A. permanent closing of a licensed premises;
B. change of ownership, management, location or pharmacist in charge;
C. theft or loss of drugs or devices;
D. conviction of an employee for violating any federal or state drug laws;
E. theft, destruction or loss of records required by federal or state law to be maintained;
F. occurrences of significant adverse drug events, as defined by regulations of the board;
G. dissemination of 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 such information; and
H. other matters or occurrences as the board may require by regulation.
History:
Laws 1997, ch. 131, § 21; 2001, ch. 50, § 8.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, substituted "Any person licensed under Article 61, Chapter 11 NMSA 1978" for "A licensee" in the introductory language of the section; and substituted "events" for "reactions" in Subsection F.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-19 - Fund established; disposition; method of payment.

A. There is established in the state treasury the "pharmacy fund".
B. All funds received by the board and all money collected under the Pharmacy Act or any other act administered by the board shall be deposited with the state treasurer for credit to the pharmacy fund.
C. Payments from the pharmacy fund shall be made upon warrants of the secretary of finance and administration on vouchers issued in accordance with the budget approved by the department of finance and administration.
D. Amounts paid into the pharmacy fund prior to October 1, 2005 pursuant to Paragraph (2) of Subsection C of Section 61-11-14 NMSA 1978 are appropriated to the board for a prescription drug program serving persons pursuant to the Medical Insurance Pool Act [Chapter 59A, Article 54 NMSA 1978]; provided that the board enters into an arrangement with a state agency or a state-created entity for the operation of the program.
E. All amounts paid into the pharmacy fund shall only be used for the purpose of meeting necessary expenses incurred in the enforcement of the purposes of the Pharmacy Act and any other acts administered by the board, the duties imposed thereby and the promotion of pharmacy education and standards in this state. All money unused at the end of the fiscal year shall remain in the pharmacy fund for use in accordance with the provisions of the Pharmacy Act.
F. All funds that may have accumulated to the credit of the pharmacy fund shall be continued for use by the board in administration of the Pharmacy Act.
History:
1953 Comp., § 67-9-50, enacted by Laws 1969, ch. 29, § 18; 1976, ch. 12, § 1; 1977, ch. 247, § 171; 1987, ch. 167, § 1; 2004, ch. 52, § 2; 2007, ch. 79, § 2; 2008, ch. 62, § 1.
ANNOTATIONS
The 2008 amendment,
effective May 14, 2008, in Subsection D, appropriated amounts paid into the pharmacy fund to the board for a prescription drug program serving persons pursuant to the Medical Insurance Pool Act and deleted the former provision that the program serve persons over the age of sixty-five.
The 2007 amendment,
effective June 15, 2007, amended Subsection D to provide October 1, 2005 as the applicability date for payments into the fund.
The 2004 amendment,
effective May 19, 2004, added new Subsection D and redesignated Subsections D and E as Subsections E and F.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-22 - Exemptions from act.

A. The Pharmacy Act does not apply to licensed practitioners in this state in supplying to their patients any drug if the licensed practitioner is practicing the licensed practitioner's profession and does not keep a pharmacy, advertised or otherwise, for the retailing of dangerous drugs.
B. The Pharmacy Act does not prevent:
(1) the personal administration of drugs carried by a licensed practitioner in order to supply the immediate needs of the licensed practitioner's patients;
(2) the sale of nonnarcotic proprietary preparations; or
(3) the possession, storage, dispensing, distribution, administration or prescribing of an opioid antagonist in accordance with the provisions of Section 24-23-1 NMSA 1978.
History:
1953 Comp., § 67-9-53, enacted by Laws 1969, ch. 29, § 21; 1997, ch. 131, § 24; 2016, ch. 45, § 3; 2016, ch. 47, § 3.
ANNOTATIONS
The 2016 amendment,
effective March 4, 2016, provided an exemption in the Pharmacy Act for the possession, storage, dispensing, distribution, administration or prescribing of an opioid antagonist in accordance with the provisions of Section 24-23-1 NMSA 1978; in Subsection A, after "practicing", deleted "his" and added "the licensed practitioner's"; in Subsection B, Paragraph (1), after "immediate needs of", deleted "his" and added "the licensed practitioner's", and added Paragraph (3).
Laws 2016, ch. 45, § 3 and Laws 2016, ch. 47, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2016, ch. 47, § 3.
See
12-1-8 NMSA 1978.
The 1997 amendment,
effective June 20, 1997, deleted "or poisons" following "drugs" in Subsection A.
Physicians providing drugs to patients.
— A physician may keep a supply of drugs without obtaining a pharmacy license, but only to provide to his or her patients. The physician may provide drugs to his or her patients only in connection with his or her treatment of them. A physician may assess a reasonable charge for his services, including a charge for the drugs he or she supplies to his or her patients. 1988 Op. Att'y Gen. No. 88-49.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drugs, Narcotics and Poisons § 69.
"Proprietary or patent medicine," what substances or commodities are within provision as to, in statute or ordinance, 76 A.L.R. 1207.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-23 - Construction of laws relating to drugs.

A. The Pharmacy Act does not amend or repeal any of the laws that govern the manufacture, sale or distribution of controlled substances.
B. The Pharmacy Act does not amend or repeal the New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978].
History:
1953 Comp., § 67-9-54, enacted by Laws 1969, ch. 29, § 22; 1972, ch. 84, § 58; 1997, ch. 131, § 25.
ANNOTATIONS
Cross references.
— For Controlled Substances Act,
see
30-31-1 NMSA 1978 et seq.
The 1997 amendment,
effective June 20, 1997, substituted "that" for "which" in Subsection A; deleted former Subsection B, which read: "The Pharmacy Act does not prevent or apply to the sale or use of economic poisons as defined under the New Mexico Economic Poisons Act of 1951"; redesignated former Subsection C as Subsection B and inserted "Device" in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drugs, Narcotics and Poisons § 36.
Construction of statutes in relation to operation of drugstore, pharmacy or chemical store, without registered pharmacist, 74 A.L.R. 1084.
Construction of provision of Uniform Narcotic Drug Act requiring a physician's prescription as a prerequisite to a pharmacist's sale of narcotics, 10 A.L.R.3d 560.
28 C.J.S. Drugs and Narcotics § 8 et seq.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-24 - Violations; penalties.

A. It is a misdemeanor for any person to:
(1) practice or attempt to practice pharmacy without a current license from the board;
(2) use the title of registered pharmacist unless he is licensed as such pursuant to the Pharmacy Act;
(3) procure or attempt to procure licensure as a pharmacist or to procure a license for a pharmacy for himself or another by making or causing to be made false representations to the board;
(4) allow any other person in his employ or under his supervision to compound or dispense prescriptions unless he is a pharmacist, pharmacist intern or pharmacy technician in accordance with the Pharmacy Act or exempted from the provisions of that act; or
(5) own, operate or maintain a pharmacy, hospital pharmacy, clinic, custodial care facility or drug distribution business unless licensed to do so pursuant to the Pharmacy Act.
B. A person convicted pursuant to Subsection A of this section shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History:
1953 Comp., § 67-9-55, enacted by Laws 1969, ch. 29, § 23; 1972, ch. 84, § 59; 1997, ch. 131, § 26.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, designated the former introductory language as Subsection A and redesignated former Subsections A through E as Paragraphs A(1) through A(5); in Subsection A, deleted "petty" preceding "misdemeanor" in the introductory language, deleted "certificate of registration and a" preceding "current" in Paragraph (1), substituted "pursuant to" for "under" in Paragraph (2), substituted "licensure" for "registration" in Paragraph (3), in Paragraph (4), deleted "or sell or compound poisons" following "prescriptions", deleted "or registered as a" preceding "pharmacist", and inserted "or pharmacy technician", substituted "pursuant to" for "under" in Paragraph (5); added Subsection B; and made stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Construction and effect of statutes in relation to operation of drugstore, pharmacy or chemical store without a registered pharmacist, 74 A.L.R. 1084.
Revocability of license for fraud or other misconduct before or at time of its issuance, 165 A.L.R. 1138.
Criminal responsibility of druggist for injury in consequence of mistake, 55 A.L.R.2d 714.
Criminal liability for death resulting from unlawfully furnishing intoxicating liquor or drugs to another, 32 A.L.R.3d 589.
28 C.J.S. Drugs and Narcotics § 101 et seq.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-25 - Power to enjoin violations.

In addition to the remedies provided in the Pharmacy Act, the board may apply to the district court for a temporary or permanent injunction restraining any person from violating any provision of the Pharmacy Act irrespective of whether or not there exists an adequate remedy at law.
History:
1953 Comp., § 67-9-56, enacted by Laws 1969, ch. 29, § 24; 1997, ch. 131, § 27.
ANNOTATIONS
Cross references.
— For injunctions,
see
Rules 1-065 and 1-066 NMRA.
The 1997 amendment,
effective June 20, 1997, substituted "may" for "of pharmacy is hereby authorized to" and deleted "and such court shall have jurisdiction upon hearing and for good cause shown to grant" preceding "a temporary".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drugs, Narcotics and Poisons §§ 229, 245.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-26 - Licensure under previous law.

Any person or place of business licensed as a pharmacist, pharmacist intern or pharmacy under any prior laws of this state whose license is valid on the effective date of the Pharmacy Act shall be held to be licensed under the provisions of the Pharmacy Act and entitled to renewal of this license as provided in the Pharmacy Act.
History:
1953 Comp., § 67-9-57, enacted by Laws 1969, ch. 29, § 25.
ANNOTATIONS
Compiler's notes.
— The phrase "effective date of the Pharmacy Act" refers to the effective date of Laws 1969, ch. 29, which took effect July 1, 1969.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-27 - Transfer of funds.

All money that has accumulated to the credit of the board under any previous law shall be continued for use by the board in the administration of the Pharmacy Act and any other laws being administered by the board.
History:
1953 Comp., § 67-9-58, enacted by Laws 1969, ch. 29, § 26; 1997, ch. 131, § 28.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, substituted "money that has" for "funds which have".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-28 - Uniform Licensing Act.

The board is subject to all the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
History:
1953 Comp., § 67-9-59, enacted by Laws 1969, ch. 29, § 28; 1997, ch. 131, § 29.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, substituted "is" for "of Pharmacy shall be".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-29 - Repealed.

History:
1978 Comp., § 61-11-29, enacted by Laws 1979, ch. 266, § 2; 1981, ch. 241, § 24; 1985, ch. 87, § 9; 1991, ch. 189, § 16; 1997, ch. 46, § 11; 2003, ch. 428, § 11; 2009, ch. 96, § 8; 2015, ch. 119, § 10; repealed by Laws 2023, ch. 15, § 8.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 15, § 8 repealed 61-11-29 NMSA 1978, as enacted by Laws 1979, ch. 266, § 2, relating to termination of agency life, delayed repeal, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11 - Pharmacy › Section 61-11-30 - Testing, screening and treatment of health conditions.

A. Pursuant to a board-approved protocol approved by the New Mexico medical board, a pharmacist may order, test, screen, treat and provide preventative services for health conditions or situations that include:
(1) influenza;
(2) group A streptococcus pharyngitis;
(3) SARS-COV-2;
(4) uncomplicated urinary tract infection;
(5) human immunodeficiency virus, limited to the provision of pre-exposure prophylaxis and post-exposure prophylaxis; and
(6) other emerging and existing public health threats identified by the board or department of health during civil or public health emergencies.
B. A pharmacist who orders, tests, screens or treats for health conditions or situations pursuant to this section may use any test that may guide clinical decision making, including tests waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988, as amended, the federal rules adopted thereunder or any established screening procedure that can safely be performed by a pharmacist.
C. A pharmacist may delegate the administrative and technical tasks of performing a test waived by the federal Clinical Laboratory Improvement Amendments of 1988, as amended, to a pharmacist intern or pharmacy technician acting under the supervision of the pharmacist.
History:
Laws 2023, ch. 95, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 95, § 3 made Laws 2023, ch. 95, § 2 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11A - Impaired Pharmacists › Section 61-11A-1 - Short title.

This act [61-11A-1 to 61-11A-8 NMSA 1978] may be cited as the "Impaired Pharmacists Act".
History:
Laws 1987, ch. 284, § 1.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11A - Impaired Pharmacists › Section 61-11A-2 - Definitions.

As used in the Impaired Pharmacists Act:
A. "board" means the New Mexico board of pharmacy;
B. "board-approved intervenors" means persons trained to intervention and designated by the board to implement the intervention process when necessary;
C. "committee" means a committee appointed by the board to formulate and administer the impaired pharmacists program;
D. "impaired pharmacist" means a pharmacist who is unable to practice pharmacy with reasonable skill, competency or safety to the public because of substance abuse, mental illness, the aging process or loss of motor skills;
E. "impaired pharmacist program" means a plan approved by the board for treatment and rehabilitation of an impaired pharmacist;
F. "intervention" means a process whereby an alleged impaired pharmacist is confronted by the board or board-approved intervenors who provide documentation that a problem exists and attempt to convince the pharmacist to seek evaluation and treatment;
G. "rehabilitation" means the process whereby an impaired pharmacist advances in an impaired pharmacists program to an optimal level of competence to practice pharmacy without endangering the public; and
H. "verification" means a process whereby alleged professional impairment is identified or established.
History:
Laws 1987, ch. 284, § 2.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11A - Impaired Pharmacists › Section 61-11A-3 - Administration.

The board may appoint a committee to organize and administer a program that will fulfill two functions. The program shall serve as a diversion program to which the board may refer licensees where appropriate in lieu of or in addition to other disciplinary action. The program shall also be a confidential source of treatment or referral for pharmacists who, on a strictly voluntary basis and without the knowledge of the board, desire to avail themselves of its services.
History:
Laws 1987, ch. 284, § 3.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11A - Impaired Pharmacists › Section 61-11A-4 - Committee; functions.

The functions of the committee shall include:
A. evaluation of pharmacists who request participation in the program;
B. review and designation of treatment facilities and services to which pharmacists in the program may be referred;
C. receipt and review of information relating to the participation of [a] pharmacists in the program;
D. assisting the pharmacists' professional association in publicizing the program; and
E. preparation of reports for the board.
History:
Laws 1987, ch. 284, § 4.
ANNOTATIONS
Bracketed material.
— The word "a" in Subsection C appears in the session laws, and was placed in brackets by the compiler as apparent surplusage.