reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 19 - HOME CARE SERVICES › Section 16.19.19.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Definitions as used in this regulation, are:
A. "Home care services" means any
				organization licensed by the New Mexico Department of Health and the Board of
				Pharmacy to provide skilled nursing services and at least one other therapeutic
				or supportive service to patients/clients in their place of
				residence.
B. "Authorized employee"
				means any employee of a home care service organization, who in the course of
				their duties, is licensed by their appropriate board to administer dangerous
				drugs.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 19 - HOME CARE SERVICES › Section 16.19.19.8 - HOME CARE SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The New
				Mexico Board of Pharmacy acknowledges the establishment of home care services
				outside the institutional setting. In order to protect the people who utilize
				such services, laws, regulations and safeguards pertaining to drugs must be
				observed.
B. The dangerous drugs
				acquired, maintained, and administered by the Home Care Services shall be
				listed in the agency policy and procedure manual and approved by the Board of
				Pharmacy. The following is an approved list of dangerous drugs:
(1) Sterile Normal Saline and water -
				injectable
(2) Sterile Normal
				Saline and water - irrigation
(3)
				Acetic Acid -- irrigation
(4)
				Heparin flush solution
(5)
				Tuberculin testing solution
(6)
				Hepatitis B vaccine
(7) Flu
				vaccine
(8) Topical
				anesthetic
(9) Diphenhydramine
				injectable
(10) Epinephrine
				injectable
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 19 - HOME CARE SERVICES › Section 16.19.19.9 - DRUG STORAGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. There
				shall be adequate space for the proper storage of drugs provided with proper
				ventilation, lighting, temperature controls and refrigeration.
B. Dangerous drugs must be stored in a
				special locked space which provides adequate security.
C. Purchase, storage and control of drugs
				shall be designed to prevent having outdated, deteriorated or impure drugs in
				the facility.
D. Access to the drug
				storage area shall be limited to authorized employees.
E. Dangerous drugs shall be stored at the
				Home Care Service's licensed location except that small quantities of dangerous
				drugs, not to exceed the quantity necessary to meet the needs for a 96 hour
				period, may be possessed and transported, to other locations by authorized
				employees of the Home Care Service.
(1) The
				quantities of dangerous drugs allowed to be in the possession of authorized
				employees for administration will be included in the Home Care Service's policy
				and procedure manual and requests for change must be approved by the
				Board.
(2) A list of authorized
				employees shall be made available at the request of the Board or its'
				staff.
(3) A record of all
				dangerous drugs issued to authorized employees will be kept for a period of
				three years and will include the following:
(a) Date issued;
(b) Name of authorized employee;
(c) Name and strength of dangerous drugs
				issued;
(d) Quantity of dangerous
				drug issued.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons or entities that manufacture, distribute,
				  dispense, administer, prescribe, deliver, analyze, or conduct research using
				  controlled substances.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  30-31-11
				  of the Controlled Substances Act, 30-31-1 through 30-31-42 NMSA 1978,
				  authorizes the board of pharmacy to promulgate regulations and charge
				  reasonable fees for the registration and control of the manufacture,
				  distribution and dispensing of controlled substances. Paragraph (2) of
				  Subsection B of Section
				  61-11-6
				  NMSA 1978 authorizes the board to provide by regulation for the electronic
				  transmission of prescriptions.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 20 of Chapter 19 is to protect the
				  public health and welfare of the citizens of New Mexico by controlling and
				  monitoring access to controlled substances and to give notice of the board's
				  designation of particular substances as controlled
				  substances.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.8 - REGISTRATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Persons required to register:
A. manufacture - term includes
				repackagers;
B. distributors - term
				includes wholesale drug distributors;
C. dispensers - pharmacies, hospital
				pharmacies, clinics (both health and veterinarian);
D. practitioners - includes a physician,
				doctor of oriental medicine, dentist, physician assistant, certified nurse
				practitioner, clinical nurse specialist, certified nurse-midwife, veterinarian,
				pharmacist, pharmacist clinician, certified registered nurse anesthetists,
				psychologists, chiropractic examiner, euthanasia technicians or other person
				licensed or certified to prescribe and administer drugs that are subject to the
				Controlled Substances Act. Practitioners, excluding veterinarians, must
				register with the New Mexico prescription monitoring program in conjunction
				with their controlled substance registration.
E. scientific investigators or
				researchers;
F. analytical
				laboratories and chemical analysis laboratories;
G. teaching institutes;
H. special projects and demonstrations which
				bear directly on misuse or abuse of controlled substances - may include public
				agencies, institutions of higher education and private organizations;
I. registration waiver: an individual
				licensed practitioner (e.g., intern, resident, staff physician, mid-level
				practitioner) who is an agent or employee of a hospital or clinic, licensed by
				the board, may, when acting in the usual course of employment or business,
				order controlled substances, for administration to the patients of the
				facility, under controlled substance registration of the hospital or clinic in
				which he or she is employed provided that:
(1)
				the ordering of controlled substances for administration, to the patients of
				the hospital or clinic, is in the usual course of professional practice and the
				hospital or clinic authorizes the practitioner to order controlled substances
				for the administration to its patients under its state controlled substance
				registration;
(2) the hospital or
				clinic has verified with the practitioner's licensing board that the
				practitioner is permitted to order controlled substances within the
				state;
(3) the practitioner acts
				only within their scope of employment in that hospital or clinic;
(4) the hospital or clinic maintains a
				current list of practitioners given such authorization and includes the
				practitioner's full name, date of birth, professional classification and
				license number, and home and business addresses and phone numbers;
(5) the list is available at all times to
				board inspectors, the DEA, law enforcement and health professional licensing
				boards; and
(6) the hospital or
				clinic shall submit a current list of authorized practitioners with each
				hospital or clinic controlled substance renewal application.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.9 - REGISTRATION AND EXPIRATION DATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person who is required to be registered and who is not registered may apply for registration at any time.
B. In December 1982 all registrant renewal dates will be assigned to one of 12 groups which shall correspond to the months of the year. Thereafter, any person who first registers will also be assigned to one of the 12 groups.
C. Expiration date of the registration of all individuals or businesses within any group will be the last day of the month designated for that group. Renewal date will be within 30 days of the date shown on the registration permit and will expire on that date if not renewed by the registrant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.10 - REGISTRATION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The registration
				fee or renewal fee required by the Controlled Substances Act shall be as listed
				in 16.19.12 NMAC.
B. Research
				applicants registered as a practitioner shall not be required to register as a
				scientific investigator if he is registered as a practitioner. However, this
				does not exempt him from the regulations applicable to a scientific
				investigator.
C. Duplicate license
				- $10.00
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.12 - SCHEDULES

Current through Register Vol. 35, No. 13, July 16, 2024
Applications shall designate the schedule of controlled
				  substances and whether the application is for narcotic or non-narcotic in
				  schedules I through V.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.13 - SEPARATE REGISTRATION OF EACH PRINCIPAL PLACE OF BUSINESS

Current through Register Vol. 35, No. 13, July 16, 2024
Separate registration is required for each principal place
				  of business or professional practice with the address indicated on the
				  application if drugs are dispensed or distributed from the different locations.
NOTE:
This does not include warehouse storage areas; office used
				  by agents for soliciting which contain no controlled substances other than
				  samples, physician's office where controlled substances are prescribed but not
				  administered or otherwise dispensed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.14 - INFORMATION REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board shall register an applicant to manufacture or distribute controlled
				substances unless it determines that the issuance of that registration would be
				inconsistent with the public interest. In determining the public interest, the
				board may consider the following factors from information listed on the
				application:
(1) maintenance of effective
				controls against diversion of controlled substances;
(2) compliance with applicable state and
				local law;
(3) any convictions of
				the applicant under any federal or state laws relating to any controlled
				substance;
(4) past experience in
				the manufacture or distribution of controlled substances, and the existence in
				the applicant's establishment of effective controls against
				diversion;
(5) furnishing by the
				applicant of false or fraudulent material in any application filed under the
				Controlled Substances Act;
(6)
				suspension or revocation of the applicant's federal registration to
				manufacture, distribute or dispense controlled substances as authorized by
				federal law; and
(7) any other
				factors relevant to and consistent with the public health and safety.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.15 - FACILITY INSPECTION

Current through Register Vol. 35, No. 13, July 16, 2024
The board of pharmacy may direct the drug inspector to
				  inspect the facilities prior to approval of any application for security
				  provision and other applicable standards as required by the Controlled
				  Substances Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.16 - PROCEDURE SUMMARY, RESEARCH

Current through Register Vol. 35, No. 13, July 16, 2024
A scientific investigator or research applicant shall submit
				  a summary of procedures indicating the nature, extent and duration of such
				  research. The summary shall also include the names of individuals engaged in
				  the project (other than those exempt under the Controlled Substances Act) the
				  name or names of the substances to be used in the research project, the
				  adequacy of safeguards against diversion of the controlled substance(s) to be
				  used, source of supply of controlled substance(s) if applicable, and evidence
				  of FDA and DEA approval and registration if registered by the federal
				  agencies.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.17 - ANALYTICAL LABORATORIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Analytical laboratory applicants shall submit application on the form provided
				by the board. All applicable questions on the application shall be filled in
				and signed by the person in charge of the facility.
B. Quantities of controlled substances in
				possession of analytical laboratories shall be limited to such quantities as
				required for reference standards, assays or other scientific
				purposes.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.18 - EXEMPTION OF LAW ENFORCEMENT OFFICIALS

Current through Register Vol. 35, No. 13, July 16, 2024
Registration is waived for the following persons:
A. Any officer or employee of the state or
				federal customs agency, the state police, or any enforcement officer of any
				political subdivision of the state, who is engaged in the enforcement of any
				federal, state and local law relating to controlled substances and is duly
				authorized to possess controlled substances in the course of his official
				duties.
B. Any official exempted by
				this section may procure any controlled substance in the course of an
				inspection pursuant to Section 31 of the Controlled Substances Act or in the
				course of any criminal investigation involving the person from whom the
				substance was procured.
C.
				Laboratory personnel, when acting in the scope of their official duties, are
				also exempt from registration under the Controlled Substances Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.19 - MODIFICATION, TRANSFER AND TERMINATION OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Modification of a registration to
				authorize additional controlled substances may be made by filing an application
				in the same number as an application for a new registration. No fee shall be
				required for such modification.
B.
				Registration shall terminate if and when a registrant dies, discontinues
				business or professional practice, has his professional license revoked or
				suspended, no longer possesses a DEA registration or has had his DEA
				registration revoked or suspended, or changes his name or address as shown on
				the registration. In such instances, the registrant or his estate shall notify
				the board of pharmacy promptly of such fact and return certificate of
				registration to the board within 30 days.
C. Inventories and records of controlled
				substances listed in schedules II, III, IV and V shall be maintained either
				separately from all other records or in such form that the information required
				is readily retrievable from ordinary business records of the
				registrant.
D. In the event of a
				change in name or address the person shall file an application in the same
				number as an application for modification of a registration. No fee shall be
				required for such modification.
E.
				Registration under the Controlled Substances Act shall not be
				transferable.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.20 - INVENTORY RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				registrants are required to keep inventory and procurement records.
B. All registrants shall comply with the
				following inventory requirements: schedule I, II, III, IV and V initial, annual
				, newly controlled substances, change in pharmacist in charge, and transfer of
				pharmacy ownership.
C. All
				registrants shall conduct an initial inventory of all controlled substances on
				hand on the date they first engage in controlled substances activity. In the
				event a registrant commences business with no controlled substances on hand,
				he/she shall record this fact on the initial inventory.
D. The annual inventory date shall be May 1
				or on the registrant's regular general physical inventory date, provided that
				set alternate annual inventory date. The actual taking of the inventory should
				not vary more than four days
E. On
				the effective date that a substance is added to any schedule of controlled
				substances, which substance was, immediately prior to that date, not listed on
				any schedule, every registrant who possesses that substance shall take an
				inventory of all stock of the substance on hand and file this record with the
				other inventory records as required.
F. Upon the change of a pharmacist-in-charge,
				an inventory of all controlled substances shall be taken within 72 hours, by
				the new pharmacist-in-charge.
G.
				Upon transfer of ownership of a pharmacy, an inventory of all controlled
				substances shall be taken by the pharmacist-in-charge.
H. The inventory shall include:
(1) the date;
(2) time taken (i.e., opening or close of
				business);
(3) drug name;
(4) the drug strength;
(5) the drug form (e.g., tablet, capsule,
				etc.);
(6) the number of units or
				volume;
(7) the total quantity. A
				commercial container which has been opened shall be the exact count or measure
				of substances listed in schedule I or schedule II. If the substance is listed
				in schedule III, IV or V, he shall make an estimated count or measure of the
				contents, unless the container holds more than 1,000 tablets or capsules in
				which case the count must be exact;
(8) expired or unusable controlled substances
				shall be documented as such, and inventoried.
(9) The name, address and DEA registration
				number of the registrant.
(10) The
				signature of the person or persons responsible for taking the
				inventory.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.21 - INVENTORY RECORDS OF MANUFACTURERS AND REPACKAGERS

Current through Register Vol. 35, No. 13, July 16, 2024
Manufacturers and repackagers inventory records shall
				  contain the following information:
A.
				Finished form:
(1) name of
				substance;
(2) each finished form
				of the substance (10 milligram tablet, etc.)
(3) the number of units or volume of each
				finished form in each commercial container (100 tablet bottle, etc.)
(4) the number of commercial containers of
				each such finished form.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.23 - INVENTORY REQUIREMENTS - RESEARCH

Current through Register Vol. 35, No. 13, July 16, 2024
A. Research registrant shall include in his
				inventory the name of the substance, each finished form of the substance, the
				number of units or volume of each finished form in each commercial container
				(100 tablet bottle, etc.) and the number of commercial containers of each such
				finished form.
B. A commercial
				container which has been opened shall be the exact count or measure of
				substances listed in schedule I or schedule II. If the substance is listed in
				schedule III, IV or V, he shall make an estimated count or measure of the
				contents, unless the container holds more than 1,000 tablets or capsules in
				which case the count must be exact.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.25 - CONTROLLED SUBSTANCES INVENTORIES AND RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pharmacies, hospitals, clinics and
				practitioners who dispense controlled substances shall maintain inventories and
				records of controlled substances listed in schedules II and II-N separately
				from all of the other prescription records.
B. "Readily retrievable" means records kept
				in such a manner as to be easily separated out from all other records in a
				reasonable time or records are kept on which certain items are redlined,
				starred or in some manner are visually identifiable apart from other items
				appearing on the record.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.26 - PROCUREMENT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
"Order forms"refer to DEA form 222 or its electronic
				  equivalent required for distribution or procurement of a schedule I or II
				  controlled substance under the federal act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.27 - ORDER FORMS AS RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Order forms for schedule I and II controlled substances shall
				  be deemed proper record of receipt, if the purchaser records on copy 3 of the
				  order form the number of commercial or bulk containers furnished of each item
				  and the date on which such containers are received by the
				  purchaser.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.28 - INVENTORY RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
All schedule I and II narcotic substance inventory records
				  and procurement records will be kept separate from other records of the
				  registrant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.29 - PROCUREMENT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Procurement records, other than the inventory, may be kept at
				  a central location, rather than at the registered location, if prior approval
				  has been obtained under the federal regulations; provided such records are
				  delivered, upon request of the board, to the registered location within 48
				  hours of such request.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.30 - DISPOSITION RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Practitioner's disposition records shall include date of
				  dispensing, name of patient, name and strength of substance and amount
				  dispensed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.31 - PHARMACY AND HOSPITAL PRESCRIPTION AND DISPENSING RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prescriptions
				for schedule II shall be maintained in a separate file.
B. In pharmacies without computerized
				prescription information, prescriptions for schedules II, III, IV and V shall
				have the name of the dispensing pharmacist and the date filled inscribed on the
				face of the prescription. (Typewritten, printed or rubber stamp are
				acceptable.)
C. Prescriptions for
				schedule III, IV and V shall be maintained either in a separate file only, or
				in such form that they are readily retrievable from other records of the
				pharmacy. "Readily retrievable" means that at the time of filing, the face of
				the prescription is stamped in red ink in the lower right hand corner with the
				letter "C" no less than 1 inch high, or the records comply with
				16.19.6.22
				NMAC "Computerized Prescription Information".
D. Prescriptions so marked may then be filed
				with prescriptions for schedule II substances, or in the usual consecutively
				numbered prescription file for non-controlled drugs.
E. Pharmacies employing automatic data
				processing systems or other electronic record keeping systems for prescriptions
				must comply with
				16.19.6.22
				NMAC "Computerized Prescription Information".
F. Hospital floor stock records. A record of
				controlled substances administered from floor stock shall contain the following
				information:
(1) name of patient;
(2) date and time administered;
(3) name of drug;
(4) strength of drug;
(5) amount administered;
(6) name of prescribing physician;
(7) name of person administering the
				controlled substance.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.32 - RESEARCH DISPOSITION RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A registered person using any controlled substance under FDA regulations in
				research at a registered establishment which maintains records in accordance
				with FDA approved research requirements is not required to keep records if he
				notifies the DEA and the board of pharmacy of the name, address and all
				registration numbers of establishments maintaining such records.
B. A registered person using any controlled
				substance in preclinical research or in teaching at a registered establishment
				which maintains records of such substances is not required to keep records if
				he notifies the DEA and the board of pharmacy of the name, address and all
				registration numbers of the establishments maintaining the records.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.33 - MANUFACTURERS AND REPACKAGERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Disposition records shall be maintained on all controlled substances. Schedule
				I and II records shall be maintained separately from all other
				records.
B. Disposition records for
				schedules III, IV and V shall be maintained either separately from all other
				records or in such form that the information required is readily retrievable
				from the ordinary business records of the registrant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.35 - ANALYTICAL LABORATORIES RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Analytical laboratories records shall include:
A. name of substance;
B. the form or forms in which substance is
				received, imported or manufactured and the concentration of the
				substance;
C. quantity and strength
				received;
D. date of
				receipt;
E. name and DEA registry
				number of supplier;
F. adequate
				record of distribution.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.36 - REPORT OF LOSS OR THEFT OF A CONTROLLED SUBSTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The registered supplier shall be
				responsible for reporting in-transit losses of controlled substances by a
				common carrier or contract carrier selected by the supplier upon discovery of
				such loss or theft. Registrant shall complete DEA form 106 as required and
				furnish a copy to the board of pharmacy.
B. A significant loss or theft of a
				controlled substance shall be reported in writing to the board of pharmacy and
				DEA on form 106 as required by federal regulations. "Significant loss" includes
				suspected diversions, in-transit losses or any other unexplained loss and must
				be reported to the board of pharmacy within five days of becoming aware of that
				loss.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.37 - HOSPITALS, INSTITUTIONS AND CLINICS

Current through Register Vol. 35, No. 13, July 16, 2024
Disposal of excess or undesirable controlled substances
				  resulting from extemporaneous amounts of residue or wasted controlled
				  substances. A registrant who needs to dispose of excess or undesirable
				  controlled substances resulting from injections from ampules or less than the
				  full ampule or other such circumstances shall record in accordance with DEA
				  regulations, and two persons (at least one who is a licensed health care
				  professional) shall witness and record disposal. The registrant will have
				  implemented security controls and procedures that ensure pharmaceutical wastage
				  is not diverted. The disposal method shall render the substance
				  irretrievable.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.38 - DISPOSITION OF UNUSABLE, OUTDATED OR UNWANTED CONTROLLED SUBSTANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Disposition
				shall be in accordance with DEA regulation 21 CFR Part 1317 (or successor
				regulation).
B. A registrant, other
				than a manufacturer, distributor, reverse distributor, importer, exporter, or
				narcotic treatment program, in possession of any controlled substances and
				desiring or required to dispose of such substances(s) may contact the Special
				Agent in Charge of the DEA in the area in which the registrant is located by
				submitting one copy of the DEA form 41 listing the controlled substance(s)
				which the registrant desires to dispose for authority and instructions to
				dispose of such substance (
				21 CFR
				1317.05 ). The registrant shall keep a
				written memorandum report, and use DEA form 41 to record the
				destruction.
C. Any registrant in
				possession of any controlled substances and desiring or required to dispose of
				such substances(s) may:
(1) Promptly deliver
				that controlled substance to a reverse distributor's registered location by
				common or contract carrier pick-up or by reverse distributor pick-up at the
				registrant's registered location;
(2) For the purpose of return or recall,
				promptly deliver that controlled substance by common or contract carrier
				pick-up or pick-up by other registrants at the registrant's registered location
				to: the registered person from whom it was obtained, the registered
				manufacturer of the substance, or another registrant authorized by the
				manufacturer to accept returns or recalls on the manufacturer's
				behalf.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.39 - EXEMPTION FOR PHARMACY REGISTRATION AS A DISTRIBUTOR, DISTRIBUTION BY A DISPENSER TO ANOTHER PRACTITIONER REGISTERED TO DISPENSE CONTROLLED SUBSTANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A registrant who is registered to dispense controlled
				  substances may distribute a quantity of such substances to a registered
				  practitioner for general dispensing to his patients if:
A. the distribution is recorded by the
				pharmacist indicating the number of units or volume of such finished forms and
				commercial containers dispensed, the date and manner of disposition;
B. the same information is recorded as a
				procurement by the registrant receiving the substance;
C. if the substance is listed in schedule I
				or II, an order form is used as required by the federal regulations;
D. the total number of dosage units of all
				controlled substances distributed by the pharmacy by this method during the 12
				month period in which the practitioner is registered to dispense does not
				exceed five percent of the total number of dosage units of all controlled
				substances distributed and dispensed by the pharmacy during the 12 month
				period.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.40 - DISTRIBUTION UPON TRANSFER OR DISCONTINUANCE OF BUSINESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon transfer of a business from one owner
				to another, the registrant may dispose of the controlled substances in his
				possession as follows:
(1) On the date of
				transfer of controlled substances, a complete inventory of all controlled
				substances being transferred shall be taken in accordance with16.19.20.20
				NMAC, Title 21, Section 1304.11 of the federal DEA regulations (or successor
				regulation). This inventory of the registrant-transferee and a copy of the
				inventory shall be included in the records of each person. It shall not be
				necessary to file a copy of the inventory with DEA or the board of pharmacy
				unless requested by either agency. Transfer of schedule I or II substances
				require the use of DEA Form 222, and transfer of Schedule III - V substances
				require the use of invoice.
(2)
				All records required to be kept by the registrant-transferor with reference to
				the controlled substances being transferred, shall be transferred to the
				registrant-transferee. Responsibility for the accuracy of records prior to the
				date of transfer remains with the transferor, but responsibility for custody
				and maintenance shall be upon the transferee.
(3) All schedule I or II substances must be
				transferred pursuant to order forms as required by the federal regulations. A
				copy of the inventory will constitute a record of receipt for the purchaser.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.41 - PRESCRIPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A prescription
				for a controlled substance may be issued for a legitimate medical purpose by an
				individual practitioner acting in the usual course of his professional
				practice, and who is registered under the Controlled Substances Act. The
				responsibility for the proper prescribing and dispensing of controlled
				substances is upon the prescribing practitioner, but a corresponding
				responsibility rests with the pharmacist who fills the prescription.
B. A prescription may not be issued in order
				for a practitioner to obtain controlled substances for supplying the
				practitioner for the purpose of general dispensing to patients.
C. A prescription may not be issued for the
				dispensing of narcotic drugs listed in any schedule to a narcotic dependent
				person for the sole purpose of continuing his dependence upon such drugs,
				unless all the following conditions are met:
(1) the narcotic controlled drug is in
				Schedule III, IV, or V and is approved by the Food and Drug Administration
				specifically for use in maintenance or detoxification treatment; and
(2) the prescribing practitioner meets all
				state and federal requirements to prescribe the narcotic for maintenance or
				detoxification treatment (e.g.
				21 CFR
				1301.28 or successor regulation).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.42 - PRESCRIPTION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				prescriptions for controlled substances shall be dated as of, and signed on,
				the day when issued and shall bear the full name and address of the patient,
				the drug name, strength, dosage form, quantity prescribed, directions for use,
				and the name, address and registration number of the practitioner. Information
				on the prescription may be added or clarified by the pharmacist after
				consultation with the practitioner. A practitioner may sign a paper
				prescription in the same manner as he would sign a check or legal document
				(e.g., J.H. Smith or John H. Smith). Where an oral order is not permitted,
				paper prescriptions must be written with ink or indelible pencil, typewriter,
				or printed on a computer printer and shall be manually signed by the
				practitioner. A computer-generated prescription that is printed out or faxed by
				the practitioner must be manually signed.
B. Electronic prescriptions shall be created
				and signed using an application that meets the requirements of Part 1311 of the
				Code of Federal Regulations. An individual practitioner may sign and transmit
				electronic prescriptions for controlled substances in a manner that meets all
				of the requirements of Part 1306.08 of the Code of Federal Regulations.
(1) Effective April 1, 2021 all controlled
				substance prescriptions must be electronically transmitted ("Electronic
				Prescriptions for Controlled Substances," EPCS) except:
(a) for patients residing in an intermediate
				care, skilled nursing or correctional facility;
(b) for patients enrolled in hospice;
(c) for an animal by a licensed
				veterinarian;
(d) a prescription
				dispensed by a federal facility not subject to state regulation (e.g.
				department of veteran affairs, indian health services, military bases);
(e) a prescription requiring
				information that makes electronic transmission impractical, such as complicated
				or lengthy directions for use or attachments; or new medications not yet in
				electronic system;
(f) for
				compounded prescriptions;
(g) for
				prescriptions issued during a temporary technical or electronic failure at the
				practitioner's or pharmacy's location;
(h) for prescriptions issued in an emergency
				pursuant to federal law and rules of the board;
(i) for prescriptions issued in response to a
				public health emergency where a non-patient specific prescription would be
				permitted;
(j) under extenuating
				circumstance, not inconsistent with federal law and where the practitioner
				communicates directly with the pharmacist. The pharmacist, using professional
				judgment, may accept the non-EPCS and is responsible for ensuring documentation
				of the circumstance in the prescription record; and that the prescription is
				otherwise in compliance with state and federal law and rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.44 - REFILL PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
Each refilling of a schedule III, IV or V controlled
				  substance prescription shall be entered in the prescription record, indicating
				  the amount dispensed, if less than the amount called for on the prescription,
				  the date of refill and the initials of the pharmacist dispensing the
				  substance.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.45 - PRESCRIPTION FILL AND REFILL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prescriptions for any controlled substance
				shall not be filled more than six months after the date of issue.
(1) Controlled substance prescriptions
				dispensed directly to a patient shall not be refilled before seventy-five
				percent of the prescription days' supply has passed, unless the practitioner
				authorizes the early refill, which must be documented by the
				pharmacist.
(2) Controlled
				substance prescriptions delivered to a patient indirectly (as mail order) to a
				patient shall not be refilled before sixty-six percent of a 90 day supply has
				passed or fifty percent of a 30 day supply has passed, unless the practitioner
				authorizes the early refill, which must be documented by the
				pharmacist.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.46 - PRESCRIPTION - PARTIALLY FILLED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A prescription for a controlled substance in schedule II may be partially
				filled if:
(1) the total quantity dispensed
				in all partial fillings does not exceed the total quantity
				prescribed;
(2) the partial fill
				amount is recorded on the written prescription or in the electronic
				prescription record; and
(3) the
				remaining portions shall be filled not later than 30 days after the date on
				which the prescription is issued.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.47 - EMERGENCY DISPENSING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Emergency dispensing of schedule II controlled substances.
"Emergency
				situation"
means the prescribing physician determines:
(1) that immediate administration of a
				controlled substance is necessary for proper treatment of the intended
				patient;
(2) that no appropriate
				alternative treatment is available, including administration of a drug which is
				not a controlled substance under schedule II; and
(3) that it is not reasonably possible for
				the prescribing practitioner to provide an electronically prescribed or written
				prescription to be presented to the person dispensing the substance prior to
				the dispensing.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.48 - SECURITY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				applicants and registrants shall provide effective controls and procedures to
				guard against theft and diversion of controlled substances.
B. In evaluating the overall security system
				of a registrant or applicant, the following factors may be considered, where
				applicable to the need for strict compliance with security requirements:
(1) the type of activity;
(2) the type and form of controlled
				substances handled;
(3) the
				quantity of controlled substances handled;
(4) the location of the premises and
				relationship such location bears on security needs;
(5) the type of building construction of the
				facility and the general characteristics of the building;
(6) the type of vault, safe, and secure
				enclosures or other storage system used;
(7) the type of closures on vaults, safes,
				and secure enclosures;
(8) the
				adequacy of key control systems and lock control system;
(9) the extent of unsupervised public access
				to the facility;
(10) the adequacy
				of supervision over employees having access to storage or distribution
				areas;
(11) the procedures for
				handling business guests, visitors, maintenance personnel and non-employee
				service personnel;
(12) the
				adequacy of the registrant's or applicant's system for monitoring the receipt,
				manufacture, distribution and disposition of controlled substances in its
				operation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.49 - MANUFACTURERS, REPACKAGERS AND WHOLESALE DISTRIBUTORS

Current through Register Vol. 35, No. 13, July 16, 2024
Security requirements which meet the federal DEA provision
				  shall be deemed adequate under New Mexico Controlled Substances
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.50 - PHARMACIES AND HOSPITALS, EMPLOYING STAFF PHARMACISTS

Current through Register Vol. 35, No. 13, July 16, 2024
Controlled substances listed in schedule I shall be stored in
				  a securely locked, substantially constructed cabinet. Controlled substances
				  listed in schedule II, III, IV and V shall be stored either in securely locked,
				  substantially constructed cabinets or dispersed throughout the stock of
				  non-controlled substances in such a manner as to obstruct the theft or
				  diversion of the substances.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.51 - HOSPITALS SERVED BY CONSULTANT OR PART-TIME PHARMACISTS, CLINICS AND PHYSICIANS

Current through Register Vol. 35, No. 13, July 16, 2024
Controlled substances listed in schedule I through V shall be
				  stored in a securely locked, substantially constructed
				  cabinet.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.52 - RESEARCH REGISTRANTS AND CHEMICAL ANALYSIS LABORATORIES

Current through Register Vol. 35, No. 13, July 16, 2024
Controlled substances listed in schedules I and II shall be
				  stored in a securely locked, substantially constructed cabinet. Schedules III,
				  IV and V substances shall be stored either in a securely locked, substantially
				  constructed cabinet or dispersed in with the stock of non-controlled substances
				  in such a manner as to obstruct the theft or diversion of the
				  substances.