New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 27 - DISHONORABLE CONDUCT › Section 16.19.27.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Dishonorable conduct by a pharmacist intern licensed
				  pursuant to Section
				  61-11-6 NMSA 1978, or pharmacy
				  technician registered pursuant to Section
				  61-11-6 NMSA 1978.
A.
"Dishonorable conduct by a
				pharmacist intern or pharmacy technician"
shall mean, among other
				things, but not to be limited to:
(1)
				violation of any provision of the Pharmacy Act as determined by the
				board;
(2) violation of the board
				of pharmacy regulations as determined by the board;
(3) violation of the Drug and Cosmetic Act as
				determined by the board;
(4)
				violation of the Controlled Substances Act as determined by the
				board;
(5) failure of the licensee
				to conduct himself professionally in conformity with all applicable federal,
				state and municipal laws and regulations to his relationship with the public
				and other health professionals;
(6)
				acquiring prescription stock from unlicensed sources;
(7) failure to hold on the strictest
				confidence all knowledge patrons, their prescriptions and other confidence
				entrusted or acquired of by him; divulging in the interest of the patron only
				by proper forms or where required for proper compliance with legal
				authorities;
(8) participation in a
				plan or agreement which compromises the quality or extent of professional
				services, or facilities at the expense of public health or welfare;
(9) the solicitation of prescription business
				by providing prescribers with prescription blanks with the name of any licensed
				pharmacy or pharmacist printed thereon;
(10) the solicitation of prescription
				business by providing a prescriber with pre-selected medication on a
				prescription blank. This does not apply to:
(a) the inpatient, or institutional setting
				(i.e. long term care or correctional facility) by an in-house or contracted
				pharmacy; or
(b) a request for
				therapeutic interchange of a medication prescribed for the patient;
(11) the solicitation of a
				prescription whereby the initial prescription request was not initiated by the
				patient or practitioner. This does not apply to a request for therapeutic
				interchange of a medication prescribed for the patient;
(12) failure to report an impaired licensee
				in compliance with Subparagraph (a) of Paragraph (1) of Subsection C of
				16.9.4.12 NMAC;
(13) conviction, plea of nolo contendere, or
				entering into any other legal agreements for any violation of the Pharmacy Act,
				Controlled Substances Act, Drug Device and Cosmetic Act or any similar act of
				another state or territory of the United States;
(14) suspension, revocation, denial, or
				forfeiture of license to practice or similar disciplinary action by a licensing
				agency of another state or territory of the United States.
(15) Disqualifying criminal conviction:
				"Conviction" means either a plea of guilty or nolo contendere, or any other
				full adjudication on the merits by a court of competent jurisdiction, including
				but not limited to a trial. A copy of the record of conviction certified by the
				clerk of the court entering the conviction is conclusive evidence.
(a) A felony conviction for any of the
				following offenses, or their equivalents in any other jurisdiction, are
				disqualifying criminal convictions that may result in suspension of a license
				or registration, or disqualify a licensee or applicant from receiving or
				retaining a license or registration issued by the board.
(i) Section
				30-2-1 NMSA 1978
				"Murder";
(ii) Sections
				30-9-1 and
				30-9-11 to
				30-9-13 NMSA 1978 Criminal sexual
				offenses, including of a minor and enticement of a child;
(iii) Sections
				30-37-2 to
				30-37-3.3 NMSA 1978, Sexually
				oriented material harmful to minors, including child solicitation by electronic
				communication device and criminal sexual communication with a child;
(iv) Sections
				30-6A-3 to
				30-6A-4 NMSA 1978, Sexual
				exploitation of children, including prostitution;
(v) Section
				30-16-2 NMSA 1978
				"Robbery";
(vi) Section
				30-16-6 NMSA 1978
				"Fraud";
(vii) Section Section
				30-16-8 NMSA 1978
				"Embezzlement";
(viii) Section
				30-16-9 NMSA 1978
				"Extortion";
(ix) Section
				30-16-10 NMSA 1978
				"Forgery";
(x) Section
				30-16-11 NMSA 1978 "Receiving
				stolen property";
(xi) Section
				30-16-24.1 NMSA 1978 "Theft of
				identity; obtaining identity by electronic fraud";
(xii) Section
				30-16-30 NMSA 1978 "Dealing in
				credit cards of another";
(xiii)
				Section 30-16-31 NMSA 1978 "Forgery of a
				credit card";
(xiv) Section
				30-16-33 NMSA 1978 "Fraudulent use
				of a credit card";
(xv) Section
				30-28-3 NMSA 1978 "Criminal
				solicitation";
(xvi) Section
				30-42-4 NMSA 1978 "Engaging in a
				pattern of racketeering activity";
(xvii) Sections
				30-44-4 to
				30-44-7 NMSA 1978, Offenses
				related to Medicaid Fraud;
(xviii)
				Sections 30-47-4 to
				30-47-6 Abuse or neglect of a care
				facility resident, exploitation of a care facility resident's
				property;
(xix) Section
				30-51-4 NMSA 1978 "Money
				laundering";
(xx) Section
				30-52-1 NMSA 1978 "Human
				trafficking";
(xxi) Section
				24-26-12 NMSA 1978 "Intentionally
				hampering, obstructing, tampering with or destroying a monitoring device or a
				recording made by a monitoring device installed in a facility pursuant to the
				Patient Care Monitoring Act" (Sections
				24-26-1 to
				24-26-12 NMSA 1978);
(xxii) Section
				27-5-12 NMSA 1978, Making false
				statement in claim for payment under Indigent Hospital and County Health Care
				Act (Chapter 27, Article 5);
(xxiii) Section
				66-8-102 NMSA 1978 "Fourth or
				subsequent conviction for driving under the influence of intoxicating liquor or
				drugs"
(b) Unless
				otherwise specified by law, the board shall not consider a criminal conviction
				as part of an application for licensure or registration unless the conviction
				in question is one of the disqualifying criminal convictions listed in
				Paragraph 15 of Subsection A of this section
				16.19.27.7 NMAC. Any decision by
				the board to take action against an applicant or licensee (including a
				registrant) on the basis of a disqualifying criminal conviction shall occur in
				conformance with the Uniform Licensing Act (Chapter 61, Article 1 NMSA
				1978).
(c) Nothing in this section
				prevents the board from denying an application or disciplining a licensee
				(including a registrant) on the basis of the licensee or applicant's conduct to
				the extent that such conduct violated the Pharmacy Act (Chapter 61, Article 11
				NMSA 1978), the Drug Device and Cosmetic Act (Chapter 26, Article 1 NMSA 1978),
				the Controlled Substances Act (Chapter 30, Article 31 NMSA 1978), the Imitation
				Controlled Substances Act (Chapter 30, Article 31A NMSA 1978), or the Drug
				Precursor Act (Chapter 30, Article 31B NMSA 1978), or similar act of another
				state or of the United States, or pursuant to the Impaired Health Care Provider
				Act (Chapter 61, Article 7 NMSA 1978), or the Impaired Pharmacists Act (Chapter
				61, Article 11 NMSA 1978), regardless of whether the individual was convicted
				of a crime for such conduct or whether the crime for which the individual was
				convicted is listed as one of the disqualifying criminal convictions listed in
				Subsection A of this rule. Proceedings shall occur in conformance with the
				Uniform Licensing Act (Chapter 61, Article 1 NMSA 1978).
(d) Notwithstanding Subparagraph (c) of this
				Section, in connection with an application for licensure or registration, the
				board shall not use, distribute, disseminate, or admit into evidence at an
				adjudicatory proceeding criminal records of any of the following:
(i) an arrest not followed by a valid
				conviction;
(ii) a conviction that
				has been sealed, dismissed, expunged or pardoned;
(iii) a juvenile adjudication; or
(iv) a conviction for any crime other than
				the disqualifying criminal convictions listed in this section.