New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 8 - WHOLESALE PRESCRIPTION DRUG DISTRIBUTION › Section 16.19.8.15 - MINIMUM REQUIRED INFORMATION FOR THIRD-PARTY LOGISTICS PROVIDER LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every third-party logistics provider, located in New Mexico or located in another state and not licensed as a third-party logistics provider by the FDA, who engages in third-party logistics activities involving product shall be licensed with the board, by submitting an application and providing information required by the board on an application approved by the board, including:
(1) applicant's full name; all trade or business names used by the licensee (includes "is doing business as" and "formerly known as"), which cannot be identical to the name used by another unrelated wholesale distributor, third-party logistics provider, or repackager licensed by the board; full business address and telephone number;
(2) type of ownership, e.g. individual, partnership, limited liability company or corporation;
(3) name(s) of the owner(s) of the applicant, including;
(a) if a person, the name, address, social security number or FEIN, and date of birth;
(b) if other than a person, the name, address, social security number and date of birth of each partner, limited liability company member, or corporate officer and corporate director and the federal employer identification number;
(c) if a corporation, the state of incorporation; and
(d) if a publicly traded corporation, the information in Subparagraph (b) of this paragraph is not required for corporate officers and corporate directors.
(e) any other relevant information that the board requires;
(4) name(s), business address(es), telephone number(s) of a person(s) to serve as the designated representative(s) for each facility of the third-party logistics provider that engages in the distribution of drugs;
(5) evidence of criminal background checks and fingerprinting of the applicant, if a person, and of the applicant's designated representative; the background check shall be sufficient to include all states residence since the person has been an adult;
(6) a list of all state and federal licenses, registrations or permits, including the license, registration or permit numbers issued to the third-party logistics provider by any other state and federal authority that authorizes the third-party logistics provider to possess and distribute drugs;
(7) a list of all disciplinary actions or any other sanction by state and federal agencies against the third-party logistics provider as well as any such actions against principals, owners, directors or officers;
(8) a full description of each facility and warehouse located in New Mexico, including all locations utilized for drug storage or distribution; the description must include the following:
(a) square footage;
(b) security and alarm system descriptions;
(c) terms of lease or ownership;
(d) address and;
(e) temperature and humidity controls;
(9) a description of the third-party logistics provider's drug import and export activities;
(10) a copy of the third-party logistics provider's written policies and procedures as required in Subsection D of 16.19.8.18 NMAC;
(11) a facility located outside of New Mexico shall submit a copy of a current satisfactory inspection report issued by the FDA, or state licensing authority, or by a third-party inspection service approved by the FDA or the state authority licensing such third-party logistics provider, or by the board;
(12) the information collected pursuant to Paragraphs (5), (8) and (10) of this subsection shall be made available only to the board, and to state and federal law enforcement officials; the board shall make provisions for protecting the confidentiality of the information collected under this section.
(13) renewal applications shall be on a form furnished by the board.