reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.19.23.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 61-11-6(A)(1) of the Pharmacy Act directs the board
				  of pharmacy to adopt, regularly review and revise rules and regulations
				  necessary to carry out the provisions of the Pharmacy Act after hearings open
				  to the public. The board adopts part 23 of Chapter 19 pursuant to the Parental
				  Responsibility Act (NMSA 1978, Sections
				  40-5A-1
				  through
				  40-5A-13, Ch. 25,
				  Laws of 1995), that requires all professional licensing boards to promulgate
				  rules and regulations to implement the Parental Responsibility Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.19.23.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 14, 1995, unless a later date is cited at the end of
				  a Section or Paragraph.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.19.23.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of part 23 of Chapter 19 is to ensure
				  compliance with the Parental Responsibility Act by all persons licensed by,
				  registered with, applying for licensure or registration from, the board of
				  pharmacy.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.19.23.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Applicant"
				means an individual seeking a license or registration issued by the board of
				pharmacy pursuant to either the Pharmacy Act, Controlled Substance Act or Drug
				Precursor Act.
B.
"HSD"
means the New Mexico Human Services Department.
C. "License" means a license or registration
				issued to an individual by the board of pharmacy pursuant to either the
				Pharmacy Act, Controlled Substance Act or Drug Precursor Act.
D. "Licensee" means an individual holding any
				license issued by the board of pharmacy or an individual registrant holding any
				registration issued by the board of pharmacy.
E.
"Statement of compliance"
means a certified statement from HSD stating that an applicant or licensee is
				in compliance with a judgment and order for support.
F.
"Statement of non-compliance"
means a certified statement from HSD stating that an applicant or licensee is
				not in compliance with a judgment and order for support.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.19.23.8 - DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
If an applicant or licensee is not in compliance with a
				  judgment and order for support, the board:
A. shall deny an application for a
				license;
B. shall deny the renewal
				of a license; and
C. has grounds
				for suspension or revocation of the license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.19.23.9 - CERTIFIED LIST

Current through Register Vol. 35, No. 13, July 16, 2024
HSD shall provide the board with a certified list of obligors
				  not in compliance with a judgement and order for child support on a monthly
				  basis. The board shall report to HSD the names of applicants and licensees who
				  are on the certified list and the action the board has taken in connection with
				  such applicants and licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.19.23.10 - INITIAL ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon determination that an applicant or licensee appears on
				  the certified list, the board shall:
A. Commence a formal proceeding under section
				11 of part 23 to take the appropriate action under section 8 of part 23;
				or
B. For current licensees only,
				informally notify the licensee that the licensees name is on the certified
				list, and that the licensee must provide the board with a subsequent statement
				of compliance from HSD by the earlier of the application for license renewal or
				a specified date not to exceed sixty (60) days. If the licensee fails to
				provide this statement, the board shall commence a formal proceeding under
				section 11 of part 23.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.19.23.11 - NOTICE OF CONTEMPLATED ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to taking any action specified in section 8 of part 23,
				  the board shall serve upon the applicant or licensee a written notice stating
				  that:
A. The board has grounds to take
				such action, and that the board shall take such action unless the licensee or
				applicant:
(1) mails a letter (certified mail
				return receipt requested) within twenty (20) days after service of the notice
				requesting a hearing; or
(2)
				provides the board, within thirty (30) days of the date of the notice, with a
				statement of compliance from HSD; and
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.19.23.12 - EVIDENCE AND PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
In a hearing under this section, relevant evidence is limited
				  to the following:
A. a statement of
				non-compliance is conclusive evidence that requires the board to take the
				appropriate action under section 8 of part 23, unless
B. the applicant or licensee provides the
				board with a subsequent statement of compliance which shall preclude the board
				from taking any action under this part.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.19.23.13 - ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
When a disciplinary action is taken under part 23 solely
				  because the applicant or licensee is not in compliance with a judgment and
				  order for support, the board's order shall state that the application or
				  license shall be reinstated upon presentation of a subsequent statement of
				  compliance. The board may also include any other conditions necessary to comply
				  with board requirements for reapplications or reinstatement of lapsed
				  licenses.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.19.23.14 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Proceedings under this part shall be governed by the Uniform
				  Licensing Act,
NMSA 1978, Section
				  61-1-1
				  through
				  61-1-31.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 24 - EMERGENCY MEDICAL SERVICES - DANGEROUS DRUGS › Section 16.19.24.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department Board of Pharmacy, 1650
				  University Blvd, NE - Ste. 400B, Albuquerque, NM 87102, (505)
				  841-9102.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 24 - EMERGENCY MEDICAL SERVICES - DANGEROUS DRUGS › Section 16.19.24.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All Emergency Medical Services Providers (EMS) that operate
				  in the State and administer drugs. Other rules applying to EMS drug use are
				  found in 7.27.3 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 24 - EMERGENCY MEDICAL SERVICES - DANGEROUS DRUGS › Section 16.19.24.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 61-11-6(A) NMSA 1978 requires the Board of Pharmacy
				  to provide for the licensing of EMSs and for the inspection of their facilities
				  and activities. Pursuant to 61-11-14(B) 11 the Board is authorized to issue
				  licenses for EMSs. Section 26-1-16(A) NMSA 1978 prohibits the sale, disposal,
				  or possession of any dangerous drug except by individuals and entities
				  identified in the statute.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 24 - EMERGENCY MEDICAL SERVICES - DANGEROUS DRUGS › Section 16.19.24.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 15, 1999, unless a later date is cited at the end of
				  a Section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 24 - EMERGENCY MEDICAL SERVICES - DANGEROUS DRUGS › Section 16.19.24.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All terms defined in the Pharmacy Act or elsewhere in the
				  Board regulations shall have the same meanings in this regulation unless
				  otherwise defined as follows:
A.
				"Emergency Medical Service" or "EMS" refers to an organization which:
				transports patients and/or in which patient care is delivered off-site
				primarily by mobile units in which one or more licensed practitioners assesses
				or diagnose and treat patients; and in which drugs are stored, distributed,
				dispensed, or administered for patient treatment.
B. "In Use" means when dangerous drugs and
				controlled substances are removed from the principle place of business' stored
				inventory and placed in jump kits or mobile units for emergency use.
C. "Jump Kit" means portable carrying devices
				that contain emergency medical supplies and drugs.
D. "Location" refers to any sites which are
				part of the EMS's operations, including its headquarters, stations, vehicle
				bays, docks, or hangers. This can include the mobile units or the
				practitioner's jump kits.
E.
				"Medical Director" means a physician who is responsible for all aspects of
				patient care of an EMS as defined in NMSA 24 10 B(3).
F. "Mobile Unit" means to a vehicle such as
				an ambulance, rescue or fire truck; boat or ship; or aircraft.
G. "Practitioner" refers to a licensee under
				the laws and regulations who is an employee or contractee of an EMS and is
				authorized to assess or diagnose patients, and to dispense drugs for emergency
				treatment. They may include physicians, physician's assistants, nurses, and/or
				emergency medical technicians/paramedics.
H. "Principle Place of Business" refers to
				any site's which are part of the EMS's operations, including its headquarters,
				stations, vehicle bays, docks, or hangars where dangerous drugs and/or
				controlled substances are stored, but does not include dangerous drugs or
				controlled substances "in use".
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 24 - EMERGENCY MEDICAL SERVICES - DANGEROUS DRUGS › Section 16.19.24.8 - MEDICAL DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Medical Director shall specify the dangerous drugs to be used in such
				service.
B. The Medical Director
				shall develop protocols for use of medical procedures and dangerous
				drugs.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 24 - EMERGENCY MEDICAL SERVICES - DANGEROUS DRUGS › Section 16.19.24.9 - ADDITIONAL REGISTRATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In order to purchase and stock any controlled substance, the
				  EMS must obtain separate Drug Enforcement Administration (DEA) and state of New
				  Mexico controlled substance registrations to be issued under the name of the
				  service.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 24 - EMERGENCY MEDICAL SERVICES - DANGEROUS DRUGS › Section 16.19.24.10 - CONSULTANT PHARMACIST

Current through Register Vol. 35, No. 13, July 16, 2024
Any EMS licensed by the Board is required to have a
				  consultant pharmacist as defined in 16 NMAC 19.4.11. In addition, the
				  consultant pharmacist shall:
A. review
				all instances in which controlled substances were used, and review all or a
				sample of instances in which other drugs were used, at least every 90
				days;
B. report in writing any
				exceptions to the Medical Director and the chief executive within 24 hours upon
				learning of same;
C. otherwise make
				a written report to the Medical Director and chief executive at least annually
				on the EMS's drug handling practices, including corrective action taken on
				exception; and
D. such reports
				shall be available for review by the Board upon request.
E. the consultant pharmacist will develop
				policies and procedures for EMS regarding the following:
(a) functions of consultant
				pharmacist;
(b)
				formulary;
(c) security of
				drugs;
(d) equipment;
(e) universal precautions;
(f) licensing;
(g) drug storage;
(h) packaging and repackaging;
(i) distribution records;
(j) document use of expired drugs for
				training;
(k) administration and/or
				patient care records;
(l) storage
				of drugs in jump kits;
(m) drug
				destruction and records;
(n) drug
				and device procurement;
(o) receipt
				of drugs and devices;
(p) delivery
				of drugs and devices;
(q) designate
				items to be included in jump kits, define par levels of drugs, storage
				conditions and locations where the jump kits are in use.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 24 - EMERGENCY MEDICAL SERVICES - DANGEROUS DRUGS › Section 16.19.24.11 - STORAGE OF DANGEROUS DRUGS BY EMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All dangerous drugs must be stored with
				appropriate security to limit access when authorized personnel are not present.
				Extra precautions shall be provided for security of controlled
				substances.
B. Jump kits shall be
				kept in the possession of a licensed emergency practitioner or in a locked
				compartment of a mobile unit when not in use.
C. Jump kits shall be stored in the facility
				if the mobile unit is parked outside of a secure vehicle bay.
D. Drugs shall be stored in an area:
				providing proper ventilation, lighting, and temperature controls as specified
				by the drug manufacturer.
E. Drugs
				that are outdated or which have been exposed to adverse conditions shall be
				segregated from the inventory and held for disposition by the consultant
				pharmacist.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 24 - EMERGENCY MEDICAL SERVICES - DANGEROUS DRUGS › Section 16.19.24.12 - ADMINISTRATION OF DANGEROUS DRUGS BY EMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. EMS drug administration shall be limited
				to drugs currently authorized by scopes of practice for EMS personnel. Each
				licensee shall provide a formulary to the Board on an annual basis or as
				changes occur.
B. EMS shall keep an
				up to date record in readily retrievable format for review by the Board,
				indicating the following information for the administration of all dangerous
				drugs;
(1) date of administration;
(2) name of patient;
(3) drug name and dosage
				administered;
(4) name of physician
				responsible for the order, if by other than the Medical Director's
				protocols;
(5) name of EMS
				personnel administering the drug or drugs.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 24 - EMERGENCY MEDICAL SERVICES - DANGEROUS DRUGS › Section 16.19.24.13 - EMS LICENSURE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Fees for initial and renewal applications are listed in
				  16.19.12.15.1.4
				  NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 24 - EMERGENCY MEDICAL SERVICES - DANGEROUS DRUGS › Section 16.19.24.14 - TRAINING FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. EMS
				Training facilities. Injury Prevention and EMS Bureau of the Department of
				Health will be licensed by the Board.
B. Pre-licensing inspections and fees for
				licensure will be waived.
C. EMS
				Training Facilities will conduct periodic (no less that quarterly) inventories
				of dangerous drugs.
D. Other than
				16.19.24.14.1 NMAC and 16.19.24.14.3 NMAC regarding EMS will not apply to these
				training facilities.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 25 - ADVERSE DRUG EVENT › Section 16.19.25.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department - Board of Pharmacy,
				  Albuquerque, NM, (505) 841-9102.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 25 - ADVERSE DRUG EVENT › Section 16.19.25.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-11-2
				  DD defines significant adverse drug event. Section
				  61-11-18.1
				  NMSA 1978 authorizes the Board of pharmacy to promulgate regulations regarding
				  the prevention and reporting of significant adverse drug events.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 25 - ADVERSE DRUG EVENT › Section 16.19.25.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 30, 2002, unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 25 - ADVERSE DRUG EVENT › Section 16.19.25.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 25 of Chapter 19 is to protect the
				  health and welfare of the citizens of the State of New Mexico against
				  significant adverse drug events.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 25 - ADVERSE DRUG EVENT › Section 16.19.25.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Significant
				Adverse Drug Event" means a drug related incident that results in harm to the
				patient.
B. "Incident" means a drug
				that is dispensed in error, that is administered and results in harm, injury or
				death.
C. "Dispensing Error" means
				a prescription that was dispensed from the pharmacy differently from what was
				prescribed.
D. "Harm" means
				temporary or permanent impairment of the physical, emotional or psychological
				function or structure of the body and/or pain resulting there from requiring
				intervention.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 25 - ADVERSE DRUG EVENT › Section 16.19.25.8 - THE PHARMACIST IN CHARGE SHALL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Develop and implement written error
				prevention procedures as part of the Policy and Procedures Manual.
B. Report incidents, including relevant
				status updates, to the Board on Board approved forms within fifteen (15) days
				of discovery.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 25 - ADVERSE DRUG EVENT › Section 16.19.25.9 - THE BOARD SHALL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Maintain
				confidentiality of information relating to the reporter and the patient
				identifiers.
B. Compile and
				publish, in the newsletter and on the Board web site, report information and
				prevention recommendations.
C.
				Assure reports are used in a constructive and non-punitive manner.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 26 - PHARMACIST PRESCRIPTIVE AUTHORITY › Section 16.19.26.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All pharmacists that intend to exercise the authority to
				  prescribe dangerous drugs based on written protocols approved by the
				  Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 26 - PHARMACIST PRESCRIPTIVE AUTHORITY › Section 16.19.26.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Paragraph (1) of Subsection A of Section
				  61-11-6
				  NMSA 1978 authorizes the board of Pharmacy to adopt, regularly review and
				  revise rules and regulations necessary to carry out the provisions of the
				  Pharmacy Act. Paragraph (7) of Subsection A of Section
				  61-11-6
				  NMSA 1978 gives the board authority to enforce the provisions of all laws of
				  the state pertaining to the distribution of drugs. Under the Pharmacist
				  Prescriptive Authority Act, Sections
				  61-11B-1
				  to
				  61-11B-3
				  NMSA 1978, the board is required to establish regulations governing
				  certification as a pharmacist clinician. Paragraph (19) of Subsection A of
				  Section
				  61-11-6
				  NMSA 1978 authorizes the board to adopt rules and protocols for the prescribing
				  of dangerous drug therapy.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 26 - PHARMACIST PRESCRIPTIVE AUTHORITY › Section 16.19.26.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
12-15-02, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 26 - PHARMACIST PRESCRIPTIVE AUTHORITY › Section 16.19.26.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 26 of Chapter 19 is to protect the
				  health and safety of New Mexico citizens by regulating the prescriptive
				  authority of pharmacists.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 26 - PHARMACIST PRESCRIPTIVE AUTHORITY › Section 16.19.26.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Antigen"
means a substance recognized by the body as being
				foreign; it results in the production of specific antibodies directed against
				it.
B.
"Antibody"
means a protein in the blood that is produced in response to stimulation by a
				specific antigen.
C.
"Immunization"
means the act of inducing antibody formation, thus
				leading to immunity.
D.
"Vaccine"
means a specially prepared antigen, which upon
				administration to a person, will result in immunity.
E.
"Vaccination"
means the
				administration of any antigen in order to induce immunity; is not synonymous
				with immunization since vaccination does not imply success.
F.
"Written protocol"
means a
				physician's order, standing delegation order, or other order or protocol as
				defined by rule of the New Mexico board of pharmacy.
G.
"Emergency contraception drug
				therapy"
means the use of a drug to prevent pregnancy after
				intercourse.
H.
"Tobacco
				cessation drug therapy"
means the use of therapies, which may include
				drugs to assist in quitting any form of tobacco use.
I.
"Hormonal contraception drug
				therapy"
means the use of hormonal therapies to prevent pregnancy, and
				formulary products delineated in the written contraception protocol approved by
				the board (e.g. progestin receptor modulator approved by the United States food
				and drug administration for emergency contraception).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 26 - PHARMACIST PRESCRIPTIVE AUTHORITY › Section 16.19.26.8 - REFERRAL

Current through Register Vol. 35, No. 13, July 16, 2024
Any pharmacist not certified to provide a prescriptive
				  authority service is required to refer patients to a pharmacist or other
				  provider who provides such a service.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 26 - PHARMACIST PRESCRIPTIVE AUTHORITY › Section 16.19.26.9 - VACCINES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Protocol:
(1) Prescriptive
				authority for vaccines shall be exercised solely in accordance with the written
				protocol for vaccine prescriptive authority approved by the board.
(2) Any pharmacist exercising prescriptive
				authority for vaccines must maintain a current copy of the protocol for vaccine
				prescriptive authority approved by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 26 - PHARMACIST PRESCRIPTIVE AUTHORITY › Section 16.19.26.10 - TOBACCO CESSATION DRUG THERAPY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Protocol:
(1) Prescriptive authority for tobacco
				cessation drug therapy shall be exercised solely in accordance with the written
				protocol for tobacco cessation drug therapy approved by the board.
(2) Any pharmacist exercising prescriptive
				authority for tobacco cessation drug therapy must maintain a current copy of
				the written protocol for tobacco cessation drug therapy approved by the
				board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 26 - PHARMACIST PRESCRIPTIVE AUTHORITY › Section 16.19.26.11 - TB TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Protocol:
(1) Prescriptive
				authority for Tuberculosis (TB) testing shall be exercised solely in accordance
				with the written protocol for TB testing drug therapy approved by the
				board.
(2) Any pharmacist
				exercising prescriptive authority for TB testing must maintain a current copy
				of the written protocol for TB testing approved by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 26 - PHARMACIST PRESCRIPTIVE AUTHORITY › Section 16.19.26.12 - NALOXONE FOR OPIOID OVERDOSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Protocol:
(1) Prescriptive
				authority for naloxone drug therapy shall be exercised solely in accordance
				with the written protocol for naloxone drug therapy approved by the
				board.
(2) Any pharmacist
				exercising prescriptive authority for naloxone drug therapy must maintain a
				current copy of the written protocol for naloxone drug therapy approved by the
				board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 26 - PHARMACIST PRESCRIPTIVE AUTHORITY › Section 16.19.26.13 - HORMONAL CONTRACEPTION DRUG THERAPY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Protocol:
(1) Prescriptive authority for hormonal
				contraception drug therapy shall be exercised solely in accordance with the
				written protocol for hormonal contraception drug therapy approved by the
				board.
(2) Any pharmacist
				exercising prescriptive authority for hormonal contraception drug therapy must
				maintain a current copy of the written protocol for hormonal contraception drug
				therapy approved by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 26 - PHARMACIST PRESCRIPTIVE AUTHORITY › Section 16.19.26.14 - PRESCRIBING DANGEROUS DRUGS IN CONJUNCTION WITH POINT-OF-CARE TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Protocol:
(1) Prescriptive
				authority shall be exercised solely in accordance with the written protocol for
				prescribing of dangerous drugs in conjunction with point-of-care testing (POCT)
				approved by the board.
(2) Any
				pharmacist exercising prescriptive authority for prescribing of dangerous drugs
				in conjunction with POCT must maintain a current copy of the written protocol
				approved by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 27 - DISHONORABLE CONDUCT › Section 16.19.27.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Paragraph (1) of Subsection A of Section
				  61-11-6 NMSA, 1978 authorizes the
				  board of pharmacy to adopt, regularly review and revise rules and regulations
				  necessary to carry out the provisions of the Pharmacy Act. Paragraph (7) of
				  Subsection A of Section
				  61-11-6 NMSA 1978 authorizes the
				  board to enforce the provisions of all state laws pertaining to the practice of
				  pharmacy and the manufacture, production, sale or distribution of drugs,
				  cosmetics or poisons, including the New Mexico Drug, Device and Cosmetic Act.
				  Section 61-11-20 NMSA 1978, authorizes the
				  board in accordance with the Uniform Licensing Act, to deny, withhold, suspend
				  or revoke any registration or license held or applied for under the Pharmacy
				  Act upon grounds that the licensee or applicant:
(1) is guilty of gross immorality or
				dishonorable or unprofessional conduct as defined by regulation of the board;
				(17) has violated any rule or regulation adopted by the board pursuant to the
				Pharmacy Act. Subsection B of Section
				61-1-36 NMSA 1978 authorizes the
				board to promulgate rules relating to listing specific criminal convictions
				that could disqualify an applicant from receiving a license on the basis of a
				previous felony conviction. Subsection B of Section
				28-2-3 NMSA 1978 prohibits the
				board from considering certain criminal records to be used, distributed or
				disseminated in connection with an application for a license. Section
				28-2-4 NMSA 1978 authorizes the
				board the power to refuse to grant or renew, or suspend or revoke a license
				where the applicant or licensee has been convicted of a felony and the criminal
				conviction directly relates to the particular profession and other convictions
				specified.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 27 - DISHONORABLE CONDUCT › Section 16.19.27.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 2003, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 27 - DISHONORABLE CONDUCT › Section 16.19.27.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 27 of Chapter 19 is to protect the
				  health and safety of New Mexico citizens by regulating the conduct of
				  pharmacist interns, pharmacy technicians and facilities licensed pursuant to
				  the New Mexico Pharmacy Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 28 - SELLER OR DISPENSER OF CONTACT LENSES (EXCLUDING LICENSED OPTOMETRISTS AND PHYSICIANS) › Section 16.19.28.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department - Board of
				  Pharmacy.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 28 - SELLER OR DISPENSER OF CONTACT LENSES (EXCLUDING LICENSED OPTOMETRISTS AND PHYSICIANS) › Section 16.19.28.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons or entities selling or dispensing contact lenses
				  pursuant to a valid prescription to patients in New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 28 - SELLER OR DISPENSER OF CONTACT LENSES (EXCLUDING LICENSED OPTOMETRISTS AND PHYSICIANS) › Section 16.19.28.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The board of pharmacy is authorized pursuant to the Optometry
				  Act, Section
				  61-2-1
				  through Section
				  61-2-18
				  NMSA 1978 (1997 Repl. Pamp.) to register sellers or dispensers of contact
				  lenses and collect a fee for registration.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 28 - SELLER OR DISPENSER OF CONTACT LENSES (EXCLUDING LICENSED OPTOMETRISTS AND PHYSICIANS) › Section 16.19.28.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 2003, unless a different date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 28 - SELLER OR DISPENSER OF CONTACT LENSES (EXCLUDING LICENSED OPTOMETRISTS AND PHYSICIANS) › Section 16.19.28.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 28 of Chapter 19 is to establish the
				  registration of sellers or dispensers of contact lenses.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 28 - SELLER OR DISPENSER OF CONTACT LENSES (EXCLUDING LICENSED OPTOMETRISTS AND PHYSICIANS) › Section 16.19.28.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Board" means
				the New Mexico board of pharmacy, herein referred to as the board.
B. "Optometry Act" means NMSA 1978 Section
				61-2-1
				through
				61-2-18
				(1995 Repl. Pamp.), herein referred to as the Optometry Act or Section
				61-2-1
				et seq.
C. "Contact lens
				prescription" means a prescription that shall explicitly state that it is for
				contact lenses; specify the lens type; include all specifications for the
				ordering and fabrication of the lenses; include the date of issue, the name and
				address of the patient and the name and address of the prescriber; and indicate
				a specific date of expiration, which shall be twenty-four months from the date
				of the prescription, unless, in the professional opinion of the prescriber, a
				longer or shorter expiration date is in the best interest of the
				patient.
D. "Replacement contact
				lens prescription" means a prescription prepared by a licensed optometrist
				containing the information specified in this section and written expressly for
				the purpose of providing lenses that have already been properly
				fitted.
E. "Contact lens" means any
				contact lens for which state law requires a prescription.
F. "Dispensing facility" means the building
				or structure for which contact lens are stored, shipped or distributed
				from.
G. "Seller/dispenser" means
				one who is in the business of the sale or distribution of contact
				lenses.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 28 - SELLER OR DISPENSER OF CONTACT LENSES (EXCLUDING LICENSED OPTOMETRISTS AND PHYSICIANS) › Section 16.19.28.8 - REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person who is
				not a licensed optometrist or a licensed physician shall not sell or dispense a
				contact lens to a resident of this state unless he is registered with the board
				of pharmacy.
B. Pharmacies,
				hospitals and clinics licensed by the board are exempt from this
				regulation.
C. Registration will be
				submitted in forms provided by the board with the appropriate fee attached as a
				check or money order.
D. Fees for
				registration are listed in 16.19.12 NMAC.
E. Period of registration is for two years
				with renewals due by the last day of the expiration month listed on the
				registration.
F. Refer to NMSA
				1978, Section
				61-11-14
				F for application requirements.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 28 - SELLER OR DISPENSER OF CONTACT LENSES (EXCLUDING LICENSED OPTOMETRISTS AND PHYSICIANS) › Section 16.19.28.9 - POLICY MANUAL

Current through Register Vol. 35, No. 13, July 16, 2024
A policy manual containing at a minimum the information
				  listed below shall be submitted with the registration application. The initial
				  manual, must be approved by the board and any subsequent changes or
				  modifications require prior approval of the board or its agent.
A. A contact lens may not be sold, dispensed,
				or distributed to a patient in this state by a seller of contact lenses unless
				one of the following has occurred:
(1) the
				patient has given or mailed the seller an original, valid, unexpired written
				contact lens prescription;
(2) the
				prescribing licensed optometrist has given, mailed or transmitted by facsimile
				transmission a copy of a valid, unexpired written contact lens prescription to
				a seller designated in writing by the patient to act on the patient's behalf;
				or
(3) the prescribing licensed
				optometrist has orally or in writing verified the valid, unexpired prescription
				to a seller designated by the patient to act on his behalf.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 28 - SELLER OR DISPENSER OF CONTACT LENSES (EXCLUDING LICENSED OPTOMETRISTS AND PHYSICIANS) › Section 16.19.28.10 - REGISTRATION LIST

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall maintain a current list of all registered
				  sellers and dispensers of contact lenses.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 28 - SELLER OR DISPENSER OF CONTACT LENSES (EXCLUDING LICENSED OPTOMETRISTS AND PHYSICIANS) › Section 16.19.28.11 - VIOLATION PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who violates any of the provisions of this part
				  shall be subject to the provisions of the New Mexico Uniform Licensing
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 29 - CONTROLLED SUBSTANCE PRESCRIPTION MONITORING PROGRAM › Section 16.19.29.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons that dispense controlled substances and drugs of
				  concern pursuant to prescriptions from practitioners and practitioners who
				  dispense controlled substances and drug(s) of concern directly to a patient
				  under their care. All persons authorized to receive disclosure of prescription
				  monitoring program prescription information.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 29 - CONTROLLED SUBSTANCE PRESCRIPTION MONITORING PROGRAM › Section 16.19.29.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  30-31-1 through
				  30-31-41 of the Controlled
				  Substance Act NMSA 1978, authorizes the board of pharmacy to promulgate rules
				  and charge reasonable fees regarding controlled substances. Section
				  30-31-16 of the Controlled
				  Substance Act NMSA 1978 authorizes the board to collect information regarding
				  controlled substances. Paragraph (1) of Subsection A of Section
				  61-11-6 NMSA, 1978 authorizes the
				  board of pharmacy to promulgate rules to carry out the provisions of the
				  Pharmacy Act, Paragraph (18) of Subsection A of Section
				  61-11-6 NMSA 1978 authorizes the
				  Board to promulgate rules that prescribe the activities and duties of pharmacy
				  owners and pharmacists in each practice setting. Section
				  61-11-8 NMSA requires drug records
				  to be kept for all dangerous drugs pursuant to the Pharmacy
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 29 - CONTROLLED SUBSTANCE PRESCRIPTION MONITORING PROGRAM › Section 16.19.29.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
07-15-04, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 29 - CONTROLLED SUBSTANCE PRESCRIPTION MONITORING PROGRAM › Section 16.19.29.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 29 of Chapter 19 is to promote the
				  public health and welfare by detecting and preventing substance abuse and
				  misuse, and encouraging appropriate treatment of pain and other conditions for
				  which controlled substances are prescribed. The purpose of the program is to
				  improve access to controlled substances prescription information for legitimate
				  medical needs by allowing a practitioner or a pharmacist to obtain a patient's
				  pharmaceutical history related to controlled substances and drug(s) of concern.
				  The program's objectives will include education of the public and health care
				  professionals regarding the nature and extent of the problem of drug abuse, and
				  appropriate prescribing and use of controlled substances and drug(s) of
				  concern.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 29 - CONTROLLED SUBSTANCE PRESCRIPTION MONITORING PROGRAM › Section 16.19.29.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Audit trail information"
means any query based information resulting from an authorized prescription monitoring program user's request for a prescription monitoring program report, which could include the user's name, date and time of the query or other related information.
B.
"Board"
means the New Mexico board of pharmacy, herein referred to as the board.
C.
"Controlled substance"
has the meaning given such term in Section 30-31-2 NMSA 1978.
D.
"Delegate
" means an individual authorized as an agent of a practitioner or pharmacist for the purpose of obtaining data from the PMP for review by the practitioner or pharmacist. The delegate must report directly to said practitioner or pharmacist and the practitioner or pharmacist shall be accountable for the delegate's actions:
(1) a pharmacist's delegate must be a certified pharmacy technician or a registered intern;
(2) a pharmacy technician or pharmacist intern may access information to the extent the information relates specifically to a current patient to whom the pharmacist is dispensing or considering dispensing any controlled substance or drug(s) of concern, or for the purposes of a pharmacist providing pharmaceutical care as defined in law.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 29 - CONTROLLED SUBSTANCE PRESCRIPTION MONITORING PROGRAM › Section 16.19.29.8 - MANDATORY REPORTING OF PRESCRIPTION INFORMATION TO THE PMP

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board shall monitor the dispensing of all schedule II - V controlled substances and drug(s) of concern by all dispensers licensed to dispense such substances to patients in this state.
B. Each dispenser shall submit to the board by electronic means information regarding each prescription dispensed for a drug included under Subsection A of this section. Information to be submitted for each prescription as well as the standards for how this information shall be formatted, not contrary to law, is defined in the PMP data reporting manual available on the state PMP website at
http://nmpmp.org
shall include at a minimum:
(1) dispenser NPI number;
(2) dispenser NCPDP number;
(3) dispenser DEA number (unless no controlled substances are dispensed and dispenser has no DEA number);
(4) patient name;
(5) patient address;
(6) patient date of birth;
(7) patient gender;
(8) reporting status (new, revised, void);
(9) prescription number;
(10) date prescription written;
(11) refills authorized;
(12) date prescription filled;
(13) refill number;
(14) product ID (NDC) + product ID qualifier;
(15) quantity dispensed;
(16) days' supply;
(17) drug dosage units;
(18) transmission form of Rx origin;
(19) payment type;
(20) prescriber NPI number; (except veterinarians)
(21) prescriber DEA number (unless prescriber is prescribing a drug of concern and has no DEA number)
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 29 - CONTROLLED SUBSTANCE PRESCRIPTION MONITORING PROGRAM › Section 16.19.29.10 - DISCLOSURE OF AUDIT TRAIL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Audit trail information maintained by the
				board shall not be subject to the Inspection of Public Records Act, Sections
				14-2-1 through
				14-2-12 NMSA 1978, and shall be
				confidential except as provided in Subsection C and D of
				16.19.29.10 NMAC.
B. The board shall maintain procedures to
				ensure that the privacy and confidentiality of patients and patient information
				collected, recorded, transmitted, and maintained in the PMP is not disclosed to
				persons except as provided in Subsection C and D of
				16.19.29.10 NMAC.
C. Board inspectors may review audit trail
				information after receiving complaints, and in the course of their enforcement
				of board administered statutes and regulations.
D. The board shall be authorized to provide
				audit trail information to the following persons:
(1) state practitioner licensing boards whose
				licensees have prescriptive authority for controlled substances, including the
				medical board, board of nursing, board of veterinary medicine, board of dental
				health care, board of optometry, board of osteopathic medicine, board of
				acupuncture and oriental medicine, and board of podiatry, as the audit trail
				information relates to their licensees for the purposes of reviewing compliance
				with PMP utilization;
(2)
				practitioner licensing authorities of other states if their licensees practice
				in this state or prescriptions provided by their licensees are dispensed in
				this state as the audit trail information relates to their licensees for the
				purposes of reviewing compliance with PMP utilization requirements;
(3) personnel of the board for purposes of
				administration and enforcement of this rule or of 16.19.20 NMAC;
(4) the board shall share PMP database data
				with the department of health for the purpose of tracking inappropriate
				prescribing and misuse of controlled substances or drug(s) of concern,
				including drug overdose.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 29 - CONTROLLED SUBSTANCE PRESCRIPTION MONITORING PROGRAM › Section 16.19.29.11 - AUTHORITY TO CONTRACT

Current through Register Vol. 35, No. 13, July 16, 2024
The board may contract with another agency of this state or
				  with a private vendor, as necessary, to ensure the effective operation of the
				  PMP. A contractor shall comply with the provisions regarding confidentiality of
				  prescription information in
				  16.19.29.9
				  NMAC and shall be subject to the penalties specified in
				  16.19.29.14
				  NMAC.