reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 4 - PHARMACIST › Section 16.19.4.12 - IMPAIRED LICENSEE OR REGISTRANT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definitions:
For the purpose of this section:
(1) Chemical dependence - repeated use of alcohol or drugs culminating in a pattern of chemical need.
(2) Disciplinary authority - the board which may discipline pharmacists.
(3) Diversion - illicit dispensing, distribution or administration of a scheduled controlled substance not in the normal course of professional practice.
(4) Drug - a chemical substance alone or in combination including alcohol.
(5) Drug abuse - improper or excessive use of a drug to the detriment of the individual and/or society.
(6) Impaired pharmacist - a pharmacist who is unable to practice pharmacy with reasonable skill, competence or safety to the public because of drug abuse, physical illness, mental illness, the aging process or loss of motor skills, sight or hearing.
(7) Licensing authority - authority that licenses/registers pharmacists.
(8) Recovering - a term used to describe an impaired pharmacist who has successfully completed the approved treatment program and is being rehabilitated in accordance with a professionally prescribed aftercare treatment. (Use of "recovering" rather than "recovered" is intended to indicate that recovery is a continuous process with no finite end point).
(9) Reinstatement - the process whereby the recovering impaired pharmacist is permitted to resume the practice of pharmacy.
(10) Treatment - the therapeutic interruption of the disease process by competent and skilled professional resources.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 4 - PHARMACIST › Section 16.19.4.13 - CHANGE OF ADDRESS

Current through Register Vol. 35, No. 13, July 16, 2024
Any registrant or licensee shall report in writing any change
				  of address or employment to the Board within ten (10) days.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 4 - PHARMACIST › Section 16.19.4.14 - ACTIVE STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
Any pharmacist who maintains competency through the
				  development and maintenance of knowledge, skill and aptitude, to ensure
				  continuing competence as a pharmacy professional, and is able to demonstrate to
				  the board said competence in the practice of pharmacy shall be issued an active
				  license. Records of continuing education or continuous professional development
				  shall be maintained and available for inspection by the board or the board's
				  agent. A pharmacist shall be issued an active status license upon proper
				  application and payment of fees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 4 - PHARMACIST › Section 16.19.4.15 - INACTIVE STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A pharmacist not engaged or ceasing to be engaged in the practice of pharmacy for two or more years shall be issued an inactive status license upon proper application and payment of fees.
B. Pursuant to Section 61-11-13.B, an inactive status pharmacist applying for an active status license, who has not been actively engaged in pharmacy for two or more years, may be required to serve an internship training program and submit evidence of continuing education relating to the practice of pharmacy, as required by Section 61-11-6 and Section 61-11-13 and the board regulations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 4 - PHARMACIST › Section 16.19.4.16 - RESPONSIBILITIES OF PHARMACIST AND PHARMACIST INTERN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following responsibilities require the use of professional judgment and therefore shall be performed only by a pharmacist or pharmacist intern:
(1) receipt of all new verbal prescription orders and reduction to writing;
(2) initial identification, evaluation and interpretation of the prescription order and any necessary clinical clarification prior to dispensing;
(3) professional consultation with a patient or his agent regarding a prescription;
(4) evaluation of available clinical data in patient medication record system;
(5) oral communication with the patient or patient's agent of information, as defined in this section under patient counseling, in order to improve therapy by ensuring proper use of drugs and devices;
(6) professional consultation with the prescriber, the prescriber's agent, or any other health care professional or authorized agent regarding a patient and any medical information pertaining to the prescription;
(7) drug regimen review, as defined in Section 61-11-2L NMSA 1978;
(8) professional consultation, without dispensing, will require that the patient be provided with the identification of the pharmacist or pharmacy intern providing the service.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 4 - PHARMACIST › Section 16.19.4.17 - PHARMACIST CLINICIAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Purpose: The purpose of these regulations is to implement the Pharmacist Prescriptive Authority Act, Sections 61-11B-1 through 61-11B-3 NMSA 1978 by providing minimum standards, terms and conditions for the certification, registration, practice, and supervision of pharmacist clinicians. These regulations are adopted pursuant to Section 61-11B-3 NMSA 1978 of the Pharmacist Prescriptive Authority Act.
B. Initial certification and registrants.
(1) The board may certify and register a pharmacist as a pharmacist clinician upon completion of an application for certification and satisfaction of the requirements set forth in these regulations.
(2) A pharmacist who applies for certification and registration as a pharmacist clinician shall complete application forms as required by the board and shall pay a fee. The fee shall be set by the board to defray the cost of processing the application, which fee is not returnable.
(3) To obtain initial certification and registration as a pharmacist clinician, the following must be submitted:
(a) proof of completion of 60 hour board approved physical assessment course, followed by a 150 hour, 300 patient contact preceptorship supervised by a physician or other practitioner with prescriptive authority, with hours counted only during direct patient interactions;
(b) the applicant will submit a log of patient encounters as part of the application;
(c) patient encounters must be initiated and completed within two years of the application;
(d) a pharmacist clinician requesting a controlled substance registration to prescribe controlled substance in schedule II or schedule III shall be trained in responsible opioid prescribing practices. Educational programs shall include an understanding of the pharmacology and risks of controlled substances, a basic awareness of the problems of abuse, addiction, and diversion, and awareness of the state and federal regulations of the prescribing of controlled substances.
(4) The board shall register each pharmacist certified as a pharmacist clinician.
(5) Upon certification and registration by the board, the name and address of the pharmacist clinician, (name of the supervising physician if applicable), and other pertinent information shall be enrolled by the board on a roster of pharmacist clinicians.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 4 - PHARMACIST › Section 16.19.4.18 - PHARMACIST CLINICIAN

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Purpose: The purpose of these regulations is to implement the Pharmacist
				Prescriptive Authority Act, Sections
				61-11B-1
				through
				61-11B-3
				NMSA 1978 by providing minimum standards, terms and conditions for the
				certification, registration, practice, and supervision of pharmacist
				clinicians. These regulations are adopted pursuant to Section
				61-11B-3
				of the Pharmacist Prescriptive Authority Act.
B. Initial certification and registrants.
(1) The board may certify and register a
				pharmacist as a pharmacist clinician upon completion of an application for
				certification and satisfaction of the requirements set forth in these
				regulations.
(2) A pharmacist who
				applies for certification and registration as a pharmacist clinician shall
				complete application forms as required by the board and shall pay a fee. The
				fee shall be set by the board to defray the cost of processing the application,
				which fee is not returnable.
(3) To
				obtain initial certification and registration as a pharmacist clinician, she/he
				must submit the following:
(a) proof of
				completion of sixty (60) hour board approved physical assessment course,
				followed by a 150 hour, 300 patient contact preceptorship supervised by a
				physician or other practitioner with prescriptive authority, with hours counted
				only during direct patient interactions;
(b) the applicant will submit a log of
				patient encounters as part of the application;
(c) patient encounters must be initiated and
				completed within 2 years of the application;
(d) a pharmacist clinician requesting a
				controlled substance registration to prescribe controlled substance in Schedule
				II or Schedule III shall be trained in responsible opioid prescribing
				practices. Educational programs shall include an understanding of the
				pharmacology and risks of controlled substances, a basic awareness of the
				problems of abuse, addiction, and diversion, and awareness of the state and
				federal regulations of the prescribing of controlled substances.
(4) The board shall register each
				pharmacist certified as a pharmacist clinician.
(5) Upon certification and registration by
				the board, the name and address of the pharmacist clinician, (name of the
				supervising physician if applicable), and other pertinent information shall be
				enrolled by the board on a roster of pharmacist clinicians.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 5 - INTERNSHIP TRAINING PROGRAM › Section 16.19.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department - Board of Pharmacy,
				  Albuquerque, NM.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 5 - INTERNSHIP TRAINING PROGRAM › Section 16.19.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				61-11-6.A(17) NMSA 1978 requires that the Board of Pharmacy
				provide for the registration of pharmacist interns, their certification, annual
				renewal of certification, training, supervision, and discipline. Section
				61-11-11
				NMSA 1978 establishes qualifications for registration as a pharmacist intern.
				Pursuant to 61-11-12(B), the Board is authorized to issue an appropriate
				certificate of registration or license to each person registered as a
				pharmacist intern.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 5 - INTERNSHIP TRAINING PROGRAM › Section 16.19.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 15, 1996, unless a different date is sited at the
				  end of a sentence or paragraph.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 5 - INTERNSHIP TRAINING PROGRAM › Section 16.19.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 5 of Chapter 19 is described in
				  16.19.5.8 below.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 5 - INTERNSHIP TRAINING PROGRAM › Section 16.19.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in the internship program.
A.
"Approved training area"
means a place for instructing an intern for licensure subject to requirements
				of the board.
B.
"Approved
				program"
means a program of training as outlined by the
"standards
				of practice."
C.
"Computed time"
means that time credited towards the training
				period which begins from the date of intern registration and continues under
				the requirements of the approved program. Computed time shall consist of a
				maximum of 48 hours per week acquired in the internship program; including
				those hours acquired in an academic clinical pharmacy program, extern program,
				radiopharmacy program, or a "demonstration project" approved by the
				board.
D.
"Intern"
means a pharmacy student or a graduate from an accredited college of pharmacy
				and registered in an approved program of supervised training.
E.
"Intern certificate of
				registration"
means that certificate furnished by the board upon
				approval of, application for registration of intern, received from the intern
				applicant.
F.
"Training
				period"
means 1500 hours if in the doctor of pharmacy program of
				structured internship experience under the instruction of a licensed pharmacist
				that is a board approved or college approved preceptor, said hours to be
				acquired after the satisfactory completion of all courses in the first semester
				of college of pharmacy curriculum, or its equivalent. Satisfactory completion
				requires that the student be eligible to progress in the college of pharmacy
				curriculum.
G.
"Structured
				internship experience"
may be obtained through academic internship hours
				for a minimum of 1500 internship hours satisfactorily completed and documented
				in an academic setting in the doctor of pharmacy program.
H.
"Preceptor"
means a licensed
				pharmacist who meets those requirements for the supervision and training of an
				intern as stipulated in Subsection D of
				16.19.5.8
				NMAC of this regulation.
I.
"Supervision"
means that the preceptor shall maintain personal
				contact with the intern and shall be responsible for the required training at
				all times during the training period.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 5 - INTERNSHIP TRAINING PROGRAM › Section 16.19.5.8 - SUMMARY OF OBJECTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Internship training, using academic training as a foundation, is to provide a
				learning experience in real life situations that will result in a complete
				professional, who is competent to practice pharmacy, and render professional
				services on his own, without supervision, at the time of licensure. The
				objectives shall be.
(1) A practically,
				accurately and safely trained intern.
(2) An ethically trained intern.
(3) A legally trained intern. Standards of
				practice and internship program constitute the basic implementation of the
				approved internship program.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 5 - INTERNSHIP TRAINING PROGRAM › Section 16.19.5.9 - SUMMARY OF OBJECTIVES FOR LAST YEAR PHARMACY STUDENTS IN THE RURAL HEALTH CLINIC SETTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Last
				year training programs, using academic training as a foundation, will provide
				learning experience in designated rural clinics. This program as designed and
				operated by the UNM College of Pharmacy, with Board approval, will provide a
				learning experience, expressive of the needs of rural health
				services.
B. Definitions:
(1)
"Approved Training Area"
means a rural health clinic serving fewer than 30 patients per day (average)
				and more than 25 miles from an established system of healthcare. The site to be
				served must be approved by the Board and UNM College of Pharmacy.
(2)
"Approved program"
means a
				program of training as defined by the UNM College of Pharmacy and approved by
				the Board.
(3)
"Intern"
accepted to serve as a clinic intern must be a pharmacy
				student in his last year prior to graduation who has completed all the didactic
				work in the College of Pharmacy.
(4)
"Preceptor"
means the
				licensed pharmacist defined under Subsection H of
				16.19.5.7
				NMAC.
(5)
"Supervision"
means the intern in a clinic environment will be
				supervised by a preceptor approved by the College of Pharmacy of UNM. The
				preceptor is required to perform an on sight consultation and review with the
				intern assigned to that clinic once a week.
(6)
"Hours"
and structure of
				those hours will be defined in the UNM College of Pharmacy Training
				Program.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All pharmacies, resident and nonresident, as defined in
				  Subsections S and Z of Section
				  61-11-2
				  NMSA 1978, and all persons or entities that own or operate, or are employed by,
				  a pharmacy for the purpose of providing pharmaceutical products or
				  services.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 61-11-6(A)(6) NMSA 1978 requires that the Board of
				  Pharmacy provide for the licensing of retail pharmacies and nonresident
				  pharmacies and for the inspection of their facilities and activities.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 6 of Chapter 19 is to ensure the safe
				  and competent delivery of quality pharmaceutical products and services to the
				  public by establishing standards for the operation of pharmacies, including but
				  not limited to minimum space requirements and standards for equipment,
				  accessories, personnel, dispensing, labeling and advertising.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.8 - PROCEDURE FOR NEW LICENSURE OF BUSINESS FOR DISTRIBUTION OF DRUGS AND FOR TRANSFER OF OWNERSHIP OF LICENSED BUSINESSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicant shall submit required
				application and fee to the Board of Pharmacy office.
B. The Board, at its discretion, may require
				all persons interested in the ownership, operation or management, pursuant to
				the applicant, to meet with the Board to determine that all persons are
				qualified and cognizant of the laws and regulations pertaining to the
				distribution of dangerous drugs.
C.
				After preliminary approval of the application, the applicant shall submit a
				"Request for Inspection" and the inspection fee, where applicable, in advance
				of fourteen days of the requested date for inspection. All subsequent "Request
				for Inspection" shall be submitted in advance of fourteen days of the requested
				date for inspection.
D. The Board
				shall review the license application and the inspection report at its next
				meeting and shall cause the license to be issued or denied.
E. The license provided for herein shall
				terminate upon the sale or transfer of ownership. Operation of a business
				subsequent to the date of such transfer or sale without a new application and
				approval by the Board shall constitute a violation of the law under
				61-11-14(I), and is subject to the penalties contained in the Pharmacy Act. Any
				pharmacy license exempt from minimum standards by Section
				61-11-26
				of the Pharmacy Act, will be considered to be a new license upon change of
				ownership and will be required to meet the standards set forth in the Board of
				Pharmacy 16.19.6.10, before a new license will be issued for such pharmacy.
				Note Change in Ownership as defined in 16.19.6.20.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.9 - PHARMACIST-IN-CHARGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The term
				"pharmacist-in-charge" means a pharmacist licensee in the state of New Mexico
				who has been designated pharmacist-in-charge pursuant to New Mexico Statute
				Section
				61-11-15.
				Failure to perform any of the following duties will constitute a violation of
				61-11-20(A)(1). It shall be the duty and responsibility of the
				pharmacist-in-charge consistent with the regulations governing professional
				conduct and in compliance with all applicable laws and regulations:
(1) to establish for the employees of the
				pharmacy, written policies and procedures for procurement, storage, compounding
				and dispensing of drugs:
(a) the procurement,
				storage, compounding and dispensing of drugs;
(b) the operation and security for remote
				pharmacist drug utilization review sites where applicable;
(c) error prevention and reporting procedures
				according to the requirements of 16.19.25.8 NMAC;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.10 - MINIMUM STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				restricted area to be occupied by the prescription department shall be an
				undivided area of not less than 240 square feet. The floor area shall extend
				the full length of the prescription compounding counter. This area shall
				provide for the compounding and dispensing and storage of all dangerous or
				restricted drugs, pharmaceuticals, or chemicals under proper condition of
				sanitation, temperature, light, ventilation, segregation and security. No space
				in this area shall provide for an office, auxiliary store room or public
				restroom(s).
(1) A private restroom, for
				exclusive use by the pharmacy staff, may be attached to the restricted area.
				This restroom does not count as square footage for the restricted
				area.
(2) An office for the
				exclusive use by the pharmacy may be attached to the restricted area. No
				general store accounting functions may be performed in this office. This area
				will not be considered as square footage for the restricted area.
(3) An auxiliary storage area for the
				exclusive use of the pharmacy may be attached to the restricted area. No items
				may be stored in this area that are not directly related to the operations
				performed in the restricted area. This area will not be considered as square
				footage for the restricted area.
(4) Each pharmacy shall provide facilities
				whereby a pharmacist may professionally counsel a patient or a patients' agent
				and protect the right to privacy and confidentiality.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.11 - MINIMUM EQUIPMENT AND ACCESSORY STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
The pharmacy shall have the necessary equipment for the safe
				  and appropriate storage, compounding, packaging, labeling, dispensing and
				  preparations of drugs and parenteral products appropriate to the scope of
				  pharmaceutical services provided. The following items shall be in the pharmacy;
				  an updated reference source, appropriate to each practice site, either
				  electronic or paper version; and one copy of the most recently published New
				  Mexico pharmacy laws, rules and regulations and available revisions, either
				  electronic or paper version.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.12 - NOTICE OF EMPLOYEE CHANGE

Current through Register Vol. 35, No. 13, July 16, 2024
Proprietors of pharmacies must report on the annual
				  application for renewal of pharmacy license the names and registry numbers of
				  all registered pharmacist employees and registered interns and shall notify the
				  secretary of the Board of Pharmacy within ten (10) days, in writing, of any
				  change in personnel.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.13 - CONSPICUOUS DISPLAY REQUIREMENTS NOTICE OF PERMANENT CLOSURE OF PHARMACIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every person
				shall have his or her 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 or she is employed. All articles, including the
				following shall be in the vicinity of all prescription departments in full view
				of patrons:
(1) the pharmacy
				license
(2) the prohibition of the
				return of drugs sign
(3) the
				current board of pharmacy inspection report
(4) the current controlled substance
				registration
(5) the "patient's
				bill of right's" as approved by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.14 - PROHIBITION OF RESALE OF DRUGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Drugs, medicines, sickroom supplies and items of personal hygiene shall not be
				accepted for return or exchange of any pharmacist or pharmacy after such
				articles have been taken from the premises where sold or distributed.
B. Prescriptions returned to stock: The
				pharmacy shall maintain a record of prescriptions which are returned to stock.
				The record shall include patient name, date filled, prescription number, drug
				name, drug strength, and drug quantity. The record shall be retrievable within
				72 hours.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.15 - DISPOSITION OF DANGEROUS DRUGS OR CONTROLLED SUBSTANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Permission shall be obtained, in writing, from the board,
				  after inspection, before any inventory of dangerous drugs or controlled
				  substances may be sold, transferred, disposed of, or otherwise removed from the
				  current premises. All sales shall be subject to the laws of the state.
A. DISPENSED PHARMACEUTICALS, COLLECTION AND
				DISPOSAL: Patient dispensed legend and OTC medications that are unwanted or
				expired may be returned to an authorized pharmacy for destruction. The pharmacy
				must submit a protocol or subsequent changes to the board or the boards agent,
				for approval. Once approved the pharmacy is authorized to collect
				pharmaceuticals for destruction. A protocol is to be submitted to the board of
				pharmacy for staff approval. Such protocol must include:
(1) Secure and enclosed collection unit that
				does not allow for unauthorized access.
(2) A description of the dedicated area for
				collection unit inside the pharmacy within site of the authorized pharmacy
				staff.
(3) Direction of collection
				that allows for safe and secure disposition.
(4) Name of contracted disposal company that
				is licensed for pharmaceutical destruction.
(5) Frequency of collection and destruction
				by disposal company.
(6) Records of
				collection and destruction supplied by the disposal company.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.16 - ROBBERY, BURGLARY, FIRE, FLOOD REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. When a pharmacy is involved in a robbery,
				burglary, fire, flood or any unusual event in which dangerous drugs might be
				missing or damaged, the owner shall immediately file with the Board a signed
				statement of the circumstances of such occurrence and evidence that local
				authorities were notified, if applicable.
B. When a business is sold or an ownership
				transfer is initiated and a new license application is submitted, the Board may
				require examination of any stock which may be determined to be adulterated,
				deteriorated or questionable quality. Merchandise considered to be unfit for
				sale may be embargoed if the owner does not voluntarily consent to destruction.
				In the event the drugs are embargoed, the owner of the product must bear the
				expense of assay to prove purity, strength and product quality.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.17 - SIGNS TO BE REMOVED WHEN PHARMACY DISCONTINUES OPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
When a pharmacy discontinues operation, the permit issued by the board shall be immediately surrendered to the board office, all drug signs and symbols, either within or without the premises, shall be immediately removed; all drugs, devises, poisons shall be removed or destroyed:
A. Signs: Any store, shop, laboratory or place of business which has upon it or in it a sign or words "pharmacist", "pharmaceutical chemist", "druggist", "pharmacy", "drug store", "drugs", "drug sundries", "prescriptions", or any of these words, or words of similar import either in English or any other language, or which is advertised by any sign containing any of these words, is defined by law to be a drug store or pharmacy and must obtain a license from the board of pharmacy. Any such place of business not licensed by the board shall remove any such sign or words which it may have upon or in it.
B. Waiver: The board may waive this requirement pursuant to a petition for waiver. Waivers granted by the board are limited to use by the party and business specified in the waiver document and other limitations set forth. Such petitions shall include:
(1) name of the party;
(2) address of the business;
(3) type of business;
(4) reason for waiver request;
(5) supporting documents; and
(6) photographs of the business demonstrating the use of the sign or words in question.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.18 - LABELING OR TO LABEL

Current through Register Vol. 35, No. 13, July 16, 2024
As used in Section
				  61-11-2
				  of the Pharmacy Act "labeling" or "to label". The act of affixing, applying or
				  attaching a display of written, printed or graphic matter upon or in the
				  immediate container of any human use drug, repackaging or dispensed on the
				  order of a practitioner, shall be defined as "labeling" or "to label", and is a
				  function restricted to registered pharmacists and registered pharmacist interns
				  as required by Section
				  61-11-21
				  of the Pharmacy Act, except that the pharmacist labeling requirement shall not
				  apply to Board Regulation Article 15. As used in Section
				  26-1-11
				  Drug and Cosmetic Act "label" or "labeling" means the manufacturer or
				  repackagers label required on the commercial container, when such substance is
				  offered for sale, or distributed by the manufacturer or repackager.
A. PRESCRIPTION DRUG DISPENSING CONTAINER
				REQUIREMENTS: Prescription drug dispensing container requirements to be
				included on the label by the manufacturer. Both pharmacist and drug
				manufacturer are responsible for packaging a drug product in accordance with
				packing requirements specified in the monographs for drug products recognized
				in the official compendium as defined in
				26-1-2 L.
				All drug products introduced or delivered into interstate commerce after August
				27, 1978, must provide information for the pharmacist to be utilized when
				dispensing the drug to maintain the identity, strength, quality and purity of
				the product. The compendia standards for proper dispensing containers became
				effective on April 1, 1977, and applies to both containers used by
				manufacturers and containers used by pharmacists for dispensing compendia
				drugs. Manufacturers of non-compendia drug products must use terminology
				defined in an official compendium to describe a suitable container for
				dispensing the product. Proper container descriptions include standards of
				tightness of seal (well-closed or tight), light-resistant, and moisture
				permeability and other special instruction such as "Keep in a cold place,
				"Avoid exposure to excessive heat", etc.
B. DISPENSING CONTAINER INFORMATION: The
				label attached to the dispensing container shall identify the contents by
				generic or trade name, or a compounded prescription containing more than three
				drugs or trade name products, may be labeled "Compound" at the discretion of
				the pharmacist or prescribing physician, and shall contain the expiration date,
				per USP/NF's guidelines, as well as the quantity dispensed. This information
				required by NMSA Drug and Cosmetic Act
				26-1-16
				B; except, to those instances where the prescribing practitioner specifically
				requests that such information be omitted from the label.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.19 - CHANGE IN LOCATION OF A PHARMACY

Current through Register Vol. 35, No. 13, July 16, 2024
Before a licensed pharmacy changes the location of the
				  business, or the physical dimensions or elements of physical security, a new
				  application shall be submitted to the Board, setting forth such changes. Upon
				  approval and completion of the change, a Request for Inspection will be
				  submitted to the Chief Inspector. There will be no charge for the new
				  application, but the inspection will carry the same fee as applies for a new
				  pharmacy inspection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.20 - TRANSFER OF OWNERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
A transfer of ownership occurs upon.
A. The sale of the pharmacy to another
				individual or individuals by the present owner.
B. The addition or deletion of one or more
				partners in a partnership.
C. The
				death of a singular or sole owner.
D. The change of ownership of 30% or more of
				the voting stock of a corporation since the issuance of
the license or last renewal application. A new license
				  application will be required to be filed in each of the above circumstances. As
				  stated in the Pharmacy Act Section 61-11-14(I), licenses are not transferable,
				  and shall expire on December 31 of each year unless renewed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.21 - GUIDELINES TO PREVENT FALSE AND MISLEADING ADVERTISING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Definitions as used in this section:
(1)
"advertising"
or
"to
				advertise"
means to inform customers by any means such as, but not
				limited to, shelf tags, preticketing, display card, handbills, billboards, and
				advertisements in the newspapers, magazines, the internet, radio and television
				or by mail;
(2)
"advertiser"
means any person or firm which advertises dangerous
				drug prices or services, defined as the practice of pharmacy (Subsection BB of
				Section
				61-11-2
				NMSA 1978), to consumers in this state;
(3)
"article"
includes services as well;
(4)
"price disclosure"
is
				defined as in-store verbal disclosure of price, disclosure of prices by
				telephone, price lists, posters in-store containing retail prices for selected
				drugs indicating "our price".
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.22 - COMPUTERIZED PRESCRIPTION INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Computers for the storage and retrieval of
				prescription information do not replace the requirement that a prescription
				written by a practitioner or telephoned to the pharmacist by a practitioner and
				reduced to hardcopy be retained as permanent record. Computers shall be
				maintained as required by the Pharmacy Act; the Drug, Device, and Cosmetic Act;
				the Controlled Substance Act; and the board of pharmacy regulations.
B. The computer shall be capable of producing
				a printout of prescription information within a 72 hour period on demand, with
				certification by the practitioner stating it is a true and accurate record.
				Requested printouts include: patient specific; practitioner specific; drug
				specific; or date specific reports. The printout shall include:
(1) the original prescription
				number;
(2) the practitioner's
				name;
(3) full name and address of
				patient;
(4) date of issuance of
				original prescription order by the practitioner and the date filled;
(5) name, strength, dosage form, quantity of
				drug prescribed;
(6) total number
				of refills authorized by the practitioner;
(7) the quantity dispensed is different than
				the quantity prescribed, then record of the quantity dispensed;
(8) in the case of a controlled substance,
				the name, address and DEA registration number of the practitioner and the
				schedule of the drug;
(9)
				identification of the dispensing pharmacist; computer-generated pharmacist
				initials are considered to be the pharmacist of record unless overridden
				manually by a different pharmacist who will be the pharmacist of
				record.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.23 - PRESCRIPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A valid prescription is an order for a dangerous drug given individually for the person for whom prescribed, either directly from the prescribing practitioner to the pharmacist, or indirectly by means of a written order signed by the practitioner. Signed by the practitioner includes handwritten signature, stamped or printed images of the practitioners handwritten signature or electronic signature as defined in Paragraph (1) of Subsection F of 16.19.6.23 NMAC. Every prescription record shall contain the name and address of the prescriber, the name and address of the patient, the name and strength of the drug, the quantity prescribed, directions for use, the date of issue, and preferably the diagnosis or indication.
B. A prescription may be prepared by a secretary or agent, i.e., office nurse under supervision, for the signature of the practitioner and where applicable; a prescription may be communicated to the pharmacist by an employee or agent of the registered practitioner. The prescribing practitioner is responsible in case the prescription does not conform in all essential respects to the law and regulation.
C. Prescription information received from a patient, other than a signed written prescription from a practitioner, has no legal status as a valid prescription. A pharmacist receiving such prescription information must contact the prescribing physician for a new prescription.
D. Exchange of prescription information between pharmacies for the purpose of filling or refilling is authorized under the following conditions only.
(1) The original prescription entry shall be marked in the pharmacy computer system. Pharmacies not using a computer shall mark the hard copy.
(2) The prescription shall indicate that it has been transferred and pharmacy location and file number of the original prescription.
(3) In addition to all information required to appear on a prescription, the prescription shall show the date of original fillings as well as the number of valid refills remaining.
(4) An original unfilled non-controlled substance prescription that is transferred shall be subject to the same record keeping requirements as filled prescriptions.
(5) Transfer or forwarding of controlled substance prescriptions shall not be allowed electronically except as permitted by federal law.
(6) A pharmacy may not refuse to transfer original prescription information to another pharmacy who is acting on behalf of a patient and who is making a request for this information as specified in this subsection. The transfer of original prescription information must be done in a timely manner.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.24 - NONRESIDENT PHARMACIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definitions.
(1)
"Board"
means the New Mexico board of pharmacy.
(2)
"Nonresident pharmacy"
means any pharmacy located outside New Mexico that ships, mails or delivers in any manner prescription drugs to New Mexico patients or consumers. For purposes of this definition only, "delivers" includes the provision of dispensing process pharmacy services such as prescription entry, prospective drug review, or prescription verification.
(3)
"Prescription drugs"
means any drug required by federal or New Mexico law or regulation to be dispensed only by a prescription and includes "dangerous drugs" and "controlled substances" as defined by federal and New Mexico law.
(4)
"Resident state"
means the state in which the nonresident pharmacy is a resident.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.25 - CENTRALIZED PRESCRIPTION DISPENSING

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of these regulations is to provide mandatory
				  standards for centralized prescription dispensing by a retail or nonresident
				  pharmacy.
A. Definitions as used in
				this section.
(1) "Centralized prescription
				dispensing" means the dispensing or refilling of a prescription drug order by a
				retail or nonresident pharmacy.
(2)
				"Dispensing" as defined in the NMSA, Section 61-11-2(1), and pursuant to
				61-11-21(C) dispensing is limited to a registered pharmacist.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.26 - REMOTE PHARMACIST DUR SITES

Current through Register Vol. 35, No. 13, July 16, 2024
A. General requirements.
(1) A New Mexico licensed pharmacy may employ
				one or more pharmacists for the purpose of conducting drug utilization reviews
				in remote practice sites provided that all security requirements are
				met.
(2) All pharmacists employed
				to work at a remote DUR practice site must be New Mexico licensed
				pharmacists.
(3) All remote
				pharmacist DUR sites will operate under a New Mexico licensed pharmacy and
				under the authority of its pharmacist-in-charge.
(4) No drug inventory shall be kept at any
				remote pharmacist DUR site and no dispensing shall take place from a remote DUR
				site.
(5) The remote pharmacists
				will not be considered in the computation of the technician to pharmacist
				ration.
(6) Procedure identifying
				the pharmacist responsible for each aspect of the prescription
				preparations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.27 - AUTOMATED DRUG DISTRIBUTION SYSTEMS IN LICENSED HEALTH CARE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Scope:
This section applies only to the use of automated drug distribution
				systems located within the facilities specified in Subsection B of this
				section.
B.
Definitions as
				used in this section.
(1) "Automated
				drug distribution system", or "automated medication system" or, "system" means
				a mechanical system that performs operations or activities, other than
				compounding or administration, related to the storage, packaging, or dispensing
				of drugs, and collects, controls, and maintains transaction information and
				records.
(2) "Health care facility"
				means a facility licensed under 16.19.11 NMAC or an inpatient hospice facility
				licensed under 16.19.10.12 NMAC.
(3) "Managing pharmacy" means an in-state
				retail pharmacy licensed by the board, pursuant to 16.19.6 NMAC that controls
				and is responsible for the operation of an automated drug distribution
				system.
(4) "Multi-disciplinary
				committee" means the pharmacist-in-charge, or the consultant pharmacist, and
				one or more representatives of the health care facility.
(5) "Override medication" means:
(a) a drug that may be removed from an
				automated medication system prior to pharmacist review because the
				multi-disciplinary committee has determined that the clinical status of the
				patient would be compromised by delay;
(b)a drug determined by the
				multi-disciplinary committee to have a low risk of drug allergy, drug
				interaction, dosing error, or adverse patient outcome, which may be removed
				from an automated medication system independent of a pharmacist's review of the
				medication order or clinical status of the patient.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.28 - AUTOMATED FILLING SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Definitions. The following definitions shall apply to this section:
(1) "Automated filling system" means an
				automated system used by a pharmacy in the state of New Mexico to assist in
				filling a prescription drug order by selecting, labeling, filling, or sealing
				medication for dispensing. An "automated filling system" shall not include
				automated devices used solely to count medication that is then subject to final
				product check by a pharmacist prior to dispensing, vacuum tube drug delivery
				systems, or automated dispensing and storage systems used to dispense
				medication directly to a patient or to an authorized health care practitioner
				for immediate distribution or administration to the patient.
(2) "Electronic verification system" means an
				electronic verification, bar code verification, weight verification, radio
				frequency identification (RFID), or similar electronic process or system that
				accurately verifies medication has been properly dispensed and labeled by, or
				loaded into, an automated filling system.
(3) "Manufacturer unit of use package" means
				a drug dispensed in the manufacturer's original and sealed packaging, or in the
				original and sealed packaging of a repackager, without additional manipulation
				or preparation by the pharmacy, except for application of the pharmacy
				label.
(4) "Prepacked" means any
				drug that has been removed from the original packaging of the manufacturer or
				an FDA repackager and is placed in a properly labeled dispensing container by a
				pharmacy for use in an automated filling system for the purpose of dispensing
				to the ultimate user from the establishment in which the prepacking
				occurred.
(5) "Repackager" means a
				repackager registered with the United States food and drug administration
				(FDA).