reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.53 - DISPENSING WITHOUT PRESCRIPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A controlled substance listed in schedule
				V and a substance listed in schedules II, III, or IV
which is not
				a prescription drug
as determined by FDA and the Drug and
				Cosmetic Act, may be dispensed by a pharmacist without a prescription provided:
(1) such dispensing is made by a pharmacist
				or registered pharmacist intern and not by a non-pharmacist employee;
(2) not more than eight ounces of any
				controlled substance containing opium, nor more than 48-dosage units is
				dispensed at retail to the same person in any given 48-hour period;
(3) not more than four ounces of any other
				controlled substance or more than 24-dosage units may be dispensed at retail to
				the same person in any given 48-hour period;
(4) the purchaser is at least 18 years of
				age;
(5) the pharmacist requires
				every purchaser of such substance, not known to him to furnish suitable
				identification (including proof of age where appropriate);
(6) a bound record book for dispensing such
				substances is maintained requiring the signature and address of the purchaser,
				the name and quantity of the controlled substance purchased, the date of each
				purchase and the name or initials of the pharmacist who dispensed the
				substance; the book shall contain a statement on each page where purchaser is
				required to sign, stating no purpose of such substance has been made within the
				given 48-hour period at another pharmacy and the purchaser shall be made aware
				of such statement before signing the record.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.55 - EXEMPT CHEMICAL PREPARATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The board hereby exempts such chemical preparations and
				  mixtures which are intended for laboratory, industrial, educational, or special
				  research purposes, which are not intended for general administration to a human
				  being or other animal and which:
A.
				contains no narcotic controlled substances and is packaged in such a form or
				concentration that the package quantity does not present any significant
				potential for abuse, or;
B.
				contains either a narcotic or nonnarcotic controlled substance and one or more
				adulterating or denaturing agent in such a manner, combination, quantity,
				proportion or concentration, that the preparation or mixture does not present
				any potential for abuse, and the narcotic substance cannot in practice be
				removed, and;
C. are exempt from
				federal regulations (CFR 21 Part 1308.24).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.56 - HEARINGS, DENIAL OF REGISTRATION, REVOCATION OR SUSPENSION OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
Proceedings to suspend or revoke a registration or to refuse
				  renewal of a registration shall be held pursuant to the Uniform Licensing
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.57 - ADMINISTRATIVE INSPECTION - DEFINED

Current through Register Vol. 35, No. 13, July 16, 2024
Administrative inspection means - the inspection of any
				  place where registrants are permitted to hold, manufacture, compound, process,
				  sell, deliver, or otherwise dispose of any controlled substances. When
				  authorized by an administrative inspection warrant, the inspector may:
A. inspect and copy records required by the
				Controlled Substances Act;
B.
				inspect the restricted area and all pertinent equipment, all container
				substances, containers and labeling found at the controlled area;
C. make a physical inventory of specific
				items or all controlled substances on-hand at the premises;
D. collect samples, if applicable;
E. check records and information of
				distribution of controlled substances by the registrant as they relate to total
				distribution;
F. examination of
				records, invoices, appropriate for verification of the records or otherwise
				bearing on the provisions of the Controlled Substances Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.58 - VOLUNTARY CONSENT TO INSPECTION

Current through Register Vol. 35, No. 13, July 16, 2024
The board inspector will ask the registrant to voluntarily
				  consent to the inspection. He will inform the registrant of his constitutional
				  rights to an inspection warrant, however, if the registrant consents to
				  inspection without warrant, the inspector will obtain a signed consent waiver
				  statement from the registrant before proceeding with an accountability audit or
				  inspection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.59 - WRITTEN CONSENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				written consent shall contain the following information:
(1) that the owner, or agent in charge of the
				premises has been informed of his constitutional right not to have an
				administrative inspection made without an administrative inspection
				warrant;
(2) of his right to refuse
				to consent to such an inspection;
(3) of the possibility that anything of an
				incriminating nature which may be found may be seized and used against him in a
				board hearing or a criminal prosecution;
(4) that he had been presented with a notice
				of inspection;
(5) that the consent
				given by him is voluntary and without threats of any kind; and
(6) that he may withdraw his consent at any
				time during the course of inspection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.60 - ADMINISTRATIVE WARRANT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A copy
				of the administrative warrant need not be given to the registrant unless items
				are seized or confiscated.
B. To
				serve the warrant, all that is required is to announce possession of it, the
				contents of the warrant need not be stated to the person upon whom the warrant
				is served.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.61 - CONSENT TO CHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
Unless the person in charge of the premises so consents in
				  writing, these regulations shall not extend to financial data, sales data other
				  than shipping date, or pricing data.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.62 - ADMINISTRATIVE WARRANT - NOT REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
An administrative warrant shall not be required for a new
				  pharmacy or drug distribution facility applying for initial registration under
				  the Controlled Substances Act or the Pharmacy Act, or in any other situation
				  where a warrant is not constitutionally required.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.63 - ADMINISTRATIVE WARRANT - REFUSAL

Current through Register Vol. 35, No. 13, July 16, 2024
If a registrant or any person subject to the Controlled
				  Substances Act refuses to permit execution of an administrative warrant or
				  impedes the inspection in the execution of that warrant, he shall be advised
				  that such refusal or action constitutes a violation of Section
				  30-31-32
				  NMSA 1978, Controlled Substances Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.66 - SCHEDULE II

Current through Register Vol. 35, No. 13, July 16, 2024
A.
OPIOIDS:
Unless specifically excepted or unless in another
				schedule any of the following opioids, including its isomers, esters, ethers,
				salts and salts of isomers, esters, and ethers whenever the existence of such
				isomers, esters, ethers, and salts is possible within the specific chemical
				designation except dextro and levopropoxyphene.
(1) Alphaprodine;
(2) Anileridine;
(3) Bezitramide;
(4) Diphenoxylate;
(5) Dihydrocodeine;
(6) Dextropropoxyphene (bulk) non-dosage
				form;
(7) Fentanyl;
(8) Isomethadone;
(9) Levomethorphan;
(10) Levorphanol;
(11) Metazocine;
(12) Methadone;
(13) 4-cyano-2-dimethylamino-4,
				4-diphenylbutane;
(14)
				Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-dipehyl-propane-carboxylic
				acid;
(15) Pethidine;
(16)
				4-cyano-1-methyl-4-phenylpiperidine;
(17)
				ethyl-4-phenyl-piperdine-4-carboxylate;
(18) 1-methyl-4-phenylpiperidine-4-carboxylic
				acid;
(19) Phenazocine;
(20) Piminodine;
(21) Racemethorphan;
(22) Racemorphan;
(23) Sufentanil;
(24) Carfentanil;
(25) (LAAM); Levo-alphacetylmethadol;
(26) Tapentadol;
(27) Thiafentanil;
(28) Norfentanyl;
(29) Oliceridine.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.67 - SCHEDULE III

Current through Register Vol. 35, No. 13, July 16, 2024
Shall consist of drugs and other substances, by whatever
				  official name, common or usual name designated listed in this section.
A.
NARCOTIC DRUGS:
Unless
				specifically exempt or unless listed in another schedule, any material,
				compound, mixture or preparation containing limited quantities of the following
				narcotic drugs, or any salts thereof.
(1) Not
				more than one and eight-tenths grams of codeine per 100 milliliters or not more
				than 90 milligrams per dosage unit, with an equal or greater quantity of an
				isoquinoline alkaloid of opium.
(2)
				Not more than one and eight-tenths grams of codeine per 100 milliliters or not
				more than 90 milligrams per dosage units, with one or more active nonnarcotic
				ingredients in recognized therapeutic amounts.
(3) Not more than 300 milligrams of
				dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage
				unit, with a fourfold or greater quantity of an isoquinoline alkaloid of
				opium.
(4) Not more than 300
				milligrams of dihydrocodeinone per 100 milliliters or not more than 15
				milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
				recognized therapeutic amounts.
(5)
				Not more than one and eight-tenths grams of dihydrocodeine per 100 milliliters
				or not more than 90 milligrams per dosage unit, with one or more active,
				nonnarcotic ingredients in recognized therapeutic amounts.
(6) Not more than 300 milligrams of
				ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage
				unit, with one or more active, nonnarcotic ingredients in recognized
				therapeutic amounts.
(7) Not more
				than 500 milligrams of opium per 100 milliliters or per 100 grams or not more
				than 25 milligrams per dosage unit, with one or more active, nonnarcotic
				ingredients in recognized therapeutic amounts.
(8) Not more than 50 milligrams of morphine
				per 100 milliliters or per 100 grams, with one or more active, nonnarcotic
				ingredients in recognized therapeutic amounts.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.68 - SCHEDULE IV

Current through Register Vol. 35, No. 13, July 16, 2024
Shall consist of the drugs and other substances, by whatever
				  official name, common or usual name, chemical name, or brand name designated,
				  listed in this section.
A.
DEPRESSANTS:
Unless specifically exempt or unless listed in
				another schedule, any material, compound, mixture or preparation which contains
				any quantity of the following substances, including its salts, isomers, and
				salts of isomers whenever the existence of such salts, isomers and salts of
				isomers is possible within the specific chemical designation:
(1) Alfaxalone;
(2) Alprazolam;
(3) Barbital;
(4) Chloral Betaine;
(5) Chloral Hydrate;
(6) Chlordiazepoxide;
(7) Clobazam;
(8) Clonazepam;
(9) Clorazepate;
(10) Clotiazepam
(11) Diazepam;
(12) Estazolam;
(13) Ethchlorvynol;
(14) Ethinamate;
(15) Flurazepam;
(16) Fospropofol;
(17) Halazepam;
(18) Lorazepam;
(19) Mebutamate;
(20) Meprobamate;
(21) Methohexital;
(22) Methylphenobarbital;
(23) Midazolam;
(24) Oxazepam;
(25) Paraldehyde;
(26) Petrichloral;
(27) Phenobarbital;
(28) Prazepam;
(29) Quazepam;
(30) Remimazolam;
(31) Suvorexant;
(32) Temazepam;
(33) Triazolam;
(34) Brexanolone.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.69 - SCHEDULE V

Current through Register Vol. 35, No. 13, July 16, 2024
A. Narcotic drugs
				containing non-narcotic active medicinal ingredients. Any compound, mixture, or
				preparation containing any of the following narcotic drugs, or their salts
				calculated as the free anhydrous base or alkaloid, in limited quantities as set
				forth below, which shall include one or more non-narcotic active medicinal
				ingredients in sufficient proportion to confer upon the compound, mixture, or
				preparation valuable medicinal qualities other than those possessed by narcotic
				drugs alone.
(1) Not more than 200 milligrams
				of codeine per 100 milliliters or per 100 grams.
(2) Not more than 100 milligrams of
				dihydrocodeine per 100 milliliters or per 100 grams.
(3) Not more than 100 milligrams of
				ethylmorphine per 100 milliliters or per 100 grams.
(4) Not more than two and five-tenths
				milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate
				per dosage unit.
(5) Not more than
				100 milligrams of opium per 100 milliliters or per 100 grams.
(6) Not more than five-tenths milligrams of
				difenoxin and not less than 25 micrograms of atropine sulfate per dosage
				unit.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 20 - CONTROLLED SUBSTANCES › Section 16.19.20.70 - EXEMPT DANGEROUS DRUGS (PRESCRIPTION STATUS DRUGS)

Current through Register Vol. 35, No. 13, July 16, 2024
The drugs set forth in the
Federal DEA Table of
				  Excepted Prescription Drugs
published in a separate volume under Code
				  of Federal Regulations, Title 21, Chapter II, Part 1308.32 have been exempt by
				  the New Mexico board of pharmacy. Any deviation from the quantitative
				  composition of any of the listed drugs shall require a petition for exemption
				  to the Federal DEA in order that a drug may be exempt by DEA and the New Mexico
				  board of pharmacy.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department - Board of Pharmacy,
				  Albuquerque, NM.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to
				  30-31B-6
				  of the Drug Precursor Act,
				  30-31B-1
				  through 30-31-B-18 NMSA 1978, the Board of Pharmacy may promulgate regulations
				  and charge reasonable fees relating to the licensing and control of the
				  manufacture, possession, transfer and transportation of drug precursors.
				  Section
				  30-31B-4 NMSA
				  1978 authorizes the Board to add substances to the list of precursors
				  enumerated in the Drug Precursor Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 15, 1996, unless a different date is cited at the
				  end of a Section or Paragraph. This Part reformatted for inclusion into the New
				  Mexico Administrative Code (NMAC) effective 2-15-96.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 21 of Chapter 19 is to protect the
				  public health and welfare of the citizens of New Mexico by establishing
				  effective controls against unlawful diversion of drug
				  precursors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.8 - PERSONS REQUIRED TO REGISTER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board shall license an applicant to
				manufacture, possess, transfer or transport drug precursors unless it
				determines that the issuance of that license would be inconsistent with the
				public interest. In determining the public interest, the board may consider the
				following factors:
(1) maintenance of
				effective controls against diversion of drug precursors into other than
				legitimate medical, scientific or industrial channels;
(2) compliance with applicable state and
				local law;
(3) any conviction of
				the applicant under federal or state laws relating to any controlled substance
				or drug precursor;
(4) past
				experience in the manufacturer, possession, transfer or transportation of drug
				precursors 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 Drug Precursor Act or the Controlled Substances Act;
(6) suspension or revocation of the
				applicant's federal registration to manufacture, distribute or dispense
				controlled substances or drug precursors 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 21 - DRUG PRECURSORS › Section 16.19.21.9 - REGISTRATION AND EXPIRATION DATE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Any person who is required to be registered under this part and who is not
				registered may apply for registration at any time.
B. The license for persons required to
				register under this part shall be renewed bi-ennially before the last day of
				December.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.10 - REGISTRATION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
The registration fee or annual renewal fee required by the
				  Drug Precursor Act shall be$250.00 per year for a wholesaler, manufacturer, or
				  distributor.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.12 - SEPARATE REGISTRATION OF EACH PRINCIPLE PLACE OF BUSINESS

Current through Register Vol. 35, No. 13, July 16, 2024
Separate registration is required for each principle place of
				  business or professional practice with the address indicated on the application
				  if precursors are distributed from the different locations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.13 - INFORMATION REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Each application shall include all information as required on
				  the application form and shall be signed by the applicant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.14 - 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 registration application filed
				  under this part of any wholesaler, manufacturer, or distributor, for security
				  provisions and other applicable standards as required by the Drug Precursor Act
				  or regulations passed by the board. A fee of $150.00 must be submitted before
				  such inspection of any wholesaler, manufacturer, or
				  distributor.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.15 - PROCEDURE SUMMARY

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. This summary shall include, but is not limited to, the names of
				  individuals engaged in the project, the name or names of the precursor
				  substances to be used, safeguards to be used against diversion, the source of
				  supply of substances, record keeping and forms to be used in receipt, use, and
				  destruction of precursor substances.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.16 - 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 drug precursors in
				possession of analytical laboratories shall be limited to such quantities as
				required for reference standards, assays, or other analytical scientific
				purposes.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.17 - 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
				federal, state and local law relating to drug precursors and is duly authorized
				to possess drug precursors in the course of his official duties.
B. Any official exempted by this section may
				procure any drug precursor in the course of an inspection pursuant to any
				section of the Drug Precursor 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 his official duties, are also exempt from
				registration under the Drug Precursor Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.18 - TRANSFER AND TERMINATION OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Registration shall terminate if and when a
				registrant dies, discontinues business or professional practice, has his
				professional license revoked or suspended, or changes his name or address as
				shown on the registration. In such instance, the registrant or his estate shall
				notify the Board of Pharmacy promptly of such fact and return certificate of
				registration to the Board.
B.
				Inventories and records of drug precursors shall be maintained separately from
				all other records or in such form that the information is readily retrievable
				from ordinary business records of the registrant.
C. In the event of a change in name or
				address, the registrant shall file an application in the same manner as an
				application for a new registration. No fee shall be required for such
				modification.
D. Registration under
				the Drug Precursor Act is not transferable.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.19 - INVENTORY RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
All registrants are required to keep procurement records in a
				  readily retrievable manner for 3 years.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.20 - ORDER FORMS (INVOICES) AS RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Order forms (invoices) for drug precursors shall be deemed
				  proper records of receipt if the purchaser records on their copy the number of
				  commercial or bulk containers furnished of each item, the date received and the
				  name of person receiving the order.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.21 - PROCUREMENT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Procurement records, and all other records, must be kept at
				  the registered location and must be available for inspection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.22 - REPORT OF LOSS OR THEFT OF A DRUG PRECURSOR

Current through Register Vol. 35, No. 13, July 16, 2024
A significant loss or theft of a drug precursor shall be
				  reported in writing to the Board of Pharmacy. "Significant loss" includes
				  suspected diversions, in-transit losses or any other unexplained
				  loss.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.23 - DISTRIBUTION RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
All wholesaler, manufacturer, or distributor registrants
				  shall include the following in distribution records for drug precursors under
				  this part:
A. purchaser's name,
				address and telephone number, and drug precursor registration number or other
				license number issued by the board in lieu of a drug precursor registration
				number;
B. quantity
				purchased;
C. date
				supplied;
D. suppliers name,
				address, telephone number, and drug precursor registration number or other
				license number issued by the board in lieu of a drug precursor registration
				number;
E. distribution records
				must be retained for three (3) years.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.24 - DISPOSITION OF DAMAGED, OUTDATED, OR UNWANTED DRUG PRECURSORS

Current through Register Vol. 35, No. 13, July 16, 2024
Any registrant in possession of any drug precursor and
				  desiring to dispose of such substance must abide by any applicable federal,
				  state, local law or regulation for the destruction of such substance. This
				  destruction must be witnessed by at least one law enforcement officer certified
				  in the State of New Mexico. Appropriate records must be kept of the
				  destruction.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.25 - 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 owner may dispose of the drug precursors in the following
				manner:
(1) have the drug precursor destroyed
				as discussed in 16.19.21.24 NMAC;
(2) transfer the drug precursors to the new
				owner. All records required to be kept by the registrant-transferor with
				reference to the drug precursors 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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.26 - 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 drug precursors.
B. In evaluating the overall security system
				of a registrant or applicant, the following factors may be considered:
(1) the type of activity;
(2) the quantity of drug
				precursors;
(3) the location of
				premises and the relationship such location plays on security needs;
(4) the type of building construction of the
				facility and the general characteristic of the building;
(5) the adequacy of key control systems
				and/or lock control systems;
(6)
				the extent of unsupervised public access to the facility;
(7) the adequacy of supervision over
				employees having access to storage and distribution areas;
(8) the process for handling business guests,
				visitors, maintenance personnel, and non-employee service personnel;
(9) the adequacy of the registrant's or
				applicant's system for monitoring the receipt, manufacture, distribution and
				disposition of drug precursors in its' operation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.27 - HEARINGS, DENIAL OF REGISTRATION, REVOCATION OR SUSPENSION OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
Proceedings to suspend or revoke a registration or to refuse
				  renewal of a registration shall be held pursuant to the Uniform Licensing
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.28 - ADMINISTRATIVE INSPECTION - DEFINED

Current through Register Vol. 35, No. 13, July 16, 2024
Administrative inspection means: the inspection of any place
				  where registrants are permitted to hold, manufacture, compound, process, sell,
				  deliver, transport, or otherwise dispose of any drug precursors. When
				  authorized by an administrative inspection warrant, the inspector may:
A. inspect and copy records required by the
				Drug Precursor Act;
B. inspect the
				restricted area and all pertinent equipment, all containers, substances, and
				labeling found at the controlled area;
C. make a physical inventory of the specific
				items or all drug precursors on hand at the premises;
D. collect samples, if applicable;
E. check records and information of
				distribution of substances by the registrant as they relate to total
				distribution;
F. examination of
				records, invoices, appropriate for verification of the records or otherwise
				bearing on the provisions of the Drug Precursor Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.29 - VOLUNTARY CONSENT TO INSPECTION

Current through Register Vol. 35, No. 13, July 16, 2024
The Board inspector will ask the registrant to voluntarily
				  consent to the inspection. He will inform the registrant of his constitutional
				  rights to an inspection warrant. However, if the registrant consents to
				  inspection without warrant, the inspector will obtain a signed consent waiver
				  statement from the registrant before proceeding with an accountability audit or
				  inspection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.30 - WRITTEN CONSENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				written consent shall contain the following information:
(1) that the owner, or agent in charge of the
				premises has been informed of his constitutional rights not to have an
				administrative inspection made without an administrative inspection
				warrant;
(2) of his right to refuse
				to consent to such an inspection;
(3) of the possibility that anything of an
				incriminating nature which may be found may be seized and used against him in a
				Board hearing or a criminal prosecution;
(4) that he had been presented with a notice
				of inspection;
(5) that the consent
				given by him is voluntary and without threats of any kind; and
(6) that he may withdraw his consent at any
				time during the course of inspection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.31 - ADMINISTRATIVE WARRANT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A copy
				of the administrative warrant need not be given to the registrant unless items
				are seized or confiscated.
B. To
				serve the warrant, all that is required, is to announce possession of it, the
				contents of the warrant need not e stated to the person upon whom the warrant
				is served.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.32 - CONSENT

Current through Register Vol. 35, No. 13, July 16, 2024
Unless the person in charge of the premises so consents in
				  writing, these regulations shall not extend to financial data; pricing data; or
				  sales data other than shipping dates.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.33 - ADMINISTRATIVE WARRANT - NOT REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
An administrative warrant shall not be required for a new
				  facility applying for initial registration under the Drug Precursor Act, or in
				  any situation where a warrant is not constitutionally
				  required.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.34 - ADMINISTRATIVE WARRANT - REFUSAL

Current through Register Vol. 35, No. 13, July 16, 2024
If a registrant or any person subject to the Drug Precursor
				  Act refuses to permit execution of an administrative warrant or impedes the
				  inspection in the execution of that warrant, he shall be advised that such
				  refusal or action constitutes a violation of the Drug Precursor
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 21 - DRUG PRECURSORS › Section 16.19.21.35 - CONTROLLED SUBSTANCE PRECURSORS

Current through Register Vol. 35, No. 13, July 16, 2024
The following substances are designated as immediate
				  precursors used in the manufacture of controlled substances:
A. phenyl acetone;
B. ephedrine;
C. phenyl-2-propanone;
D. norephedrine;
E. ethyl-1-methyl butyl diethyl
				malonate;
F. allyl-1-methyl butyl
				diethyl malonate;
G.
				hydroxyindole;
H.
				3,4,5-trimethoxybenzyl cyanide;
I.
				3,4,5-trimethoxybenzyl alcohol;
J.
				3,4,5-trimethoxyphenylacetonitraile;
K. 3,4,5-trimethoxybenzoic acid
				amide;
L.
				4-benzyloxyindole;
M. 4-chloro
				indole;
N. indole;
O. tryntophol;
P. 3-indole glyoxylic acid;
Q. 3-indole glyoxylic acid ethyl
				ester;
R. lysergic acid;
S. lysergic acid amide;
T. ergotamine tartrate;
U. 1-phenyl cyclohexylamine;
V.
				1-piperidinocyclohexanecarbonitrile;
W. pseudoephedrine as a substance in a form
				not approved in
				26-1-14
				NMSA;
X. methylamine;
Y. methylformamide
Z. phenylacetic acid;
AA. anhydrous ammonia:
(1) a person shall not possess any amount of
				anhydrous ammonia;
(2) a person
				must store anhydrous ammonia in a container approved for the transport of
				anhydrous ammonia;
(3) the
				provisions of this section do not apply to a:
(a) person who is actively operating land
				used for agricultural purposes;
(b)
				retail distributor;
(c)
				wholesaler;
(d)
				manufacturer;
(e)
				warehouseman;
(f) common carrier;
				or
(g) person engaged in the
				regular course of conducting a lawful business;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 22 - SUPPORT PERSONNEL AND PHARMACY TECHNICIANS › Section 16.19.22.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All Pharmacy technicians and non-technicians supportive
				  personnel, supervising pharmacists and pharmacists in charge of entities that
				  utilize supportive personnel.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 22 - SUPPORT PERSONNEL AND PHARMACY TECHNICIANS › Section 16.19.22.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection A of Section
				  61-11-6 NMSA 1978 authorizes the
				  Board of pharmacy to register and regulate qualifications, training and
				  permissible activities of pharmacy technicians.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 22 - SUPPORT PERSONNEL AND PHARMACY TECHNICIANS › Section 16.19.22.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 27, 2001, 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 22 - SUPPORT PERSONNEL AND PHARMACY TECHNICIANS › Section 16.19.22.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 22 of Chapter 19 is to promote
				  responsive delivery of pharmaceutical products and services to the public by
				  establishing standards for training and supervision of support personnel and
				  limitations on their use.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 22 - SUPPORT PERSONNEL AND PHARMACY TECHNICIANS › Section 16.19.22.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Direct
				supervision" means that the pharmacist onsite shall observe and direct to a
				degree sufficient to assure the accurate completion of the activities of the
				pharmacy technicians and must provide a final check of all aspects of the
				prepared product and document the final check before dispensing.
B. "Indirect supervision" means that the
				pharmacist offsite shall observe via live surveillance cameras and direct
				pharmacy activity remotely via remote tele-pharmacy communication technology to
				a degree sufficient to assure the accurate completion of the activities of the
				pharmacy technicians and must provide a final check of all aspects of the
				prepared product and document the final check before dispensing.
C. "Pharmacy technician" means a person who,
				under the supervision of a licensed pharmacist, performs repetitive tasks not
				requiring the professional judgment of a pharmacist. This includes assisting in
				various technical activities associated with the preparation and distribution
				of medications.
(1) "Certified pharmacy
				technician" means a pharmacy technician who has completed the training and
				certification outlined in 16.19.22.9 NMAC, completed a board approved
				certification exam, is registered by the board of pharmacy and maintains
				current board approved certification.
(2) "Non-certified pharmacy technician" means
				a pharmacy technician who is in the process of completing the training and
				education outlined in 16.19.22.9 NMAC and is registered by the board of
				pharmacy.
(3) "Remote pharmacy
				technician" means a certified pharmacy technician who meets the special
				requirements for indirect supervision at a remote dispensing site as specified
				in the board of pharmacy tele-pharmacy regulations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 22 - SUPPORT PERSONNEL AND PHARMACY TECHNICIANS › Section 16.19.22.8 - PERMISSIBLE ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Pharmacy technician activities under the direct supervision
				  of a pharmacist shall be limited to tasks enumerated in policies and procedures
				  implemented by the pharmacist-in-charge that do not require professional
				  judgment.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 22 - SUPPORT PERSONNEL AND PHARMACY TECHNICIANS › Section 16.19.22.9 - TRAINING AND EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				pharmacist-in-charge shall ensure that the pharmacy technician has completed
				initial training which includes:
(1) federal
				and state laws and regulations that affect pharmacy practice; specific
				regulations which address the use of supportive personnel and
				technicians;
(2) ethical and
				professional standards of practice;
(3) medical and pharmaceutical terminology,
				symbols and abbreviations used in the practice of pharmacy and components of a
				prescription;
(4) pharmaceutical
				calculations necessary for the preparation and dispensing of drug
				products;
(5) manufacturing,
				preparation, packaging, labeling and proper storage of drug products;
(6) dosage forms and routes of
				administration; and
(7) trade and
				generic names for medications frequently dispensed by the pharmacy;
(8) basic comprehension of
				pharmacology;
(9) basic knowledge
				of appropriate pharmacy references.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 22 - SUPPORT PERSONNEL AND PHARMACY TECHNICIANS › Section 16.19.22.10 - RATIO OF TECHNICIANS TO PHARMACISTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The permissible ratio of pharmacy
				technicians to pharmacists on duty is to be determined by the pharmacist in
				charge.
B. The board reserves the
				right to impose a ratio of pharmacy technicians to pharmacists if circumstances
				so dictate.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 22 - SUPPORT PERSONNEL AND PHARMACY TECHNICIANS › Section 16.19.22.11 - IMPROPER ACTIVITIES OF PHARMACY TECHNICIANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The supervising pharmacist and the
				pharmacist-in-charge are responsible for the actions of pharmacy technicians.
				Performance of tasks by the pharmacy technician and support personnel outside
				the limits of the regulations that are authorized by the supervising pharmacist
				shall constitute unprofessional conduct on the part of the pharmacist and the
				pharmacist-in-charge.
(1) The following
				responsibilities require the use of professional judgment and therefore shall
				be performed only by a pharmacist or pharmacist intern:
(a) receipt of all new verbal prescription
				orders and reduction to writing;
(b) evaluation and interpretation of the
				prescription order and any necessary clinical clarification prior to
				dispensing;
(c) clinical
				consultation with a patient or his agent regarding a prescription or
				over-the-counter drug;
(d)
				evaluation of available clinical data in patient medication record
				system;
(e) oral communication with
				the patient or patient's agent of information, as defined in the section under
				patient counseling, in order to improve therapy by ensuring proper use of drugs
				and devices;
(f) professional
				consultation with the prescriber, the prescriber's agent, or any other health
				care professional or authorized agent regarding a patient and any medical
				information pertaining to the prescription.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 22 - SUPPORT PERSONNEL AND PHARMACY TECHNICIANS › Section 16.19.22.12 - IDENTIFICATION OF PHARMACY PERSONNEL

Current through Register Vol. 35, No. 13, July 16, 2024
All personnel in pharmacy restricted area shall wear an
				  identification badge which must include name and job title.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 22 - SUPPORT PERSONNEL AND PHARMACY TECHNICIANS › Section 16.19.22.14 - REGISTRATION OF PHARMACY TECHNICIANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application (and required registration
				fee) shall be submitted to the board prior to performing any technician duties.
				Non-certified pharmacy technicians must:
(1)
				Complete requirements for certified pharmacy technician within (1) one year of
				original application.
(2) Not
				re-apply with the board of pharmacy as a non-certified pharmacy technician
				unless enrolled in a board recognized technician training program.
(3) Provide the name of the technician
				training sponsor responsible for training and education with
				application.
(4) Provide
				documentation of training and completion of certification exam to be registered
				as a certified pharmacy technician.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 22 - SUPPORT PERSONNEL AND PHARMACY TECHNICIANS › Section 16.19.22.15 - CHANGE OF ADDRESS

Current through Register Vol. 35, No. 13, July 16, 2024
Pharmacy technicians shall report in writing or through the
				  online process available on the board's website of any change of address or
				  employment to the board within ten (10) days.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 22 - SUPPORT PERSONNEL AND PHARMACY TECHNICIANS › Section 16.19.22.16 - PHARMACY TECHNICIAN ADMINISTRATION OF VACCINES

Current through Register Vol. 35, No. 13, July 16, 2024
A certified pharmacy technician may administer vaccines
				  prescribed by and under the direct supervision of a New Mexico licensed
				  pharmacist with current immunization prescriptive authority "qualified
				  pharmacist," if all requirements of this section are met.
A. Training and education:
(1) The pharmacy technician must successfully
				complete an accreditation council for pharmacy education (ACPE) accredited
				immunization certification course for pharmacy technicians. This training must
				include study materials, hands-on injection technique, and the recognition and
				treatment of emergency reactions to vaccines. Pharmacy technicians who
				successfully completed said training prior to the enactment date of this
				section will be grandfathered.
(2)
				The pharmacy technician must complete and maintain current basic life
				support/cardiopulmonary resuscitation (BLS/CPR) certification.
(3) Continuing Education: Any pharmacy
				technician engaging in administration of vaccines shall complete a minimum of
				0.2 CEU of ACPE accredited vaccine related continuing education during each
				registration period.