54,212 sections across 3,422 New Mexico regulatory chapters.
R.16.19.20-16.19.20.32 RESEARCH DISPOSITION RECORDS
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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 …
R.16.19.20-16.19.20.33 MANUFACTURERS AND REPACKAGERS
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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 for…
R.16.19.20-16.19.20.34 WHOLESALE DISTRIBUTORS
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Wholesale distributors disposition records shall contain the same information required of manufacturers.
R.16.19.20-16.19.20.35 ANALYTICAL LABORATORIES RECORDS
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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 sup…
R.16.19.20-16.19.20.36 REPORT OF LOSS OR THEFT OF A CONTROLLED SUBSTANCE
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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…
R.16.19.20-16.19.20.37 HOSPITALS, INSTITUTIONS AND CLINICS
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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 …
R.16.19.20-16.19.20.38 DISPOSITION OF UNUSABLE, OUTDATED OR UNWANTED CONTROLLED SUBSTANCES
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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 de…
R.16.19.20-16.19.20.39 EXEMPTION FOR PHARMACY REGISTRATION AS A DISTRIBUTOR, DISTRIBUTION BY A DISPENSER TO ANOTHER PRACTITIONER REGISTERED TO DISPENSE CONTROLLED SUBSTANCES
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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…
R.16.19.20-16.19.20.4 DURATION
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Permanent.
R.16.19.20-16.19.20.40 DISTRIBUTION UPON TRANSFER OR DISCONTINUANCE OF BUSINESS
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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…
R.16.19.20-16.19.20.41 PRESCRIPTIONS
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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 prescrib…
R.16.19.20-16.19.20.42 PRESCRIPTION REQUIREMENTS
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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 n…
R.16.19.20-16.19.20.43 PRESCRIPTIONS NOT TO BE REFILLED
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Prescriptions for schedule II drugs may not be refilled.
R.16.19.20-16.19.20.44 REFILL PROCEDURE
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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 s…
R.16.19.20-16.19.20.45 PRESCRIPTION FILL AND REFILL REQUIREMENTS
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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, un…
R.16.19.20-16.19.20.46 PRESCRIPTION - PARTIALLY FILLED
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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…
R.16.19.20-16.19.20.47 EMERGENCY DISPENSING
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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 alternati…
R.16.19.20-16.19.20.48 SECURITY REQUIREMENTS
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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…
R.16.19.20-16.19.20.49 MANUFACTURERS, REPACKAGERS AND WHOLESALE DISTRIBUTORS
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Security requirements which meet the federal DEA provision shall be deemed adequate under New Mexico Controlled Substances Act.
R.16.19.20-16.19.20.5 EFFECTIVE DATE
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June 26, 2018, unless a different date is cited at the end of a section.
R.16.19.20-16.19.20.50 PHARMACIES AND HOSPITALS, EMPLOYING STAFF PHARMACISTS
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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…
R.16.19.20-16.19.20.51 HOSPITALS SERVED BY CONSULTANT OR PART-TIME PHARMACISTS, CLINICS AND PHYSICIANS
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Controlled substances listed in schedule I through V shall be stored in a securely locked, substantially constructed cabinet.
R.16.19.20-16.19.20.52 RESEARCH REGISTRANTS AND CHEMICAL ANALYSIS LABORATORIES
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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-cont…
R.16.19.20-16.19.20.53 DISPENSING WITHOUT PRESCRIPTION
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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 …
R.16.19.20-16.19.20.54 EXEMPTED OVER-THE-COUNTER DRUGS
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(Information published by DEA.)
R.16.19.20-16.19.20.55 EXEMPT CHEMICAL PREPARATIONS
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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 control…
R.16.19.20-16.19.20.56 HEARINGS, DENIAL OF REGISTRATION, REVOCATION OR SUSPENSION OF REGISTRATION
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Proceedings to suspend or revoke a registration or to refuse renewal of a registration shall be held pursuant to the Uniform Licensing Act.
R.16.19.20-16.19.20.57 ADMINISTRATIVE INSPECTION - DEFINED
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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. …
R.16.19.20-16.19.20.58 VOLUNTARY CONSENT TO INSPECTION
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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…
R.16.19.20-16.19.20.59 WRITTEN CONSENT
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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 ref…
R.16.19.20-16.19.20.6 OBJECTIVE
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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.
R.16.19.20-16.19.20.60 ADMINISTRATIVE WARRANT
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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…
R.16.19.20-16.19.20.61 CONSENT TO CHARGES
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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.
R.16.19.20-16.19.20.62 ADMINISTRATIVE WARRANT - NOT REQUIRED
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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.
R.16.19.20-16.19.20.63 ADMINISTRATIVE WARRANT - REFUSAL
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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 …
R.16.19.20-16.19.20.64 CONTROLLED SUBSTANCE PRECURSORS
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See 16.19.21 NMAC - Drug Precursors
R.16.19.20-16.19.20.65 SCHEDULE I
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A. Section 30-31-6 NMSA 1978, schedule I shall consist of the following drugs and other substances, by whatever name, common or usual name, chemical name or brand name designated, listed in this section; OPIOIDS, unless specifically exempt or unless listed in another schedule, an…
R.16.19.20-16.19.20.66 SCHEDULE II
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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 spec…
R.16.19.20-16.19.20.67 SCHEDULE III
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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 qu…
R.16.19.20-16.19.20.68 SCHEDULE IV
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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 p…
R.16.19.20-16.19.20.69 SCHEDULE V
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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 in…
R.16.19.20-16.19.20.7 DEFINITIONS [RESERVED]
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R.16.19.20-16.19.20.70 EXEMPT DANGEROUS DRUGS (PRESCRIPTION STATUS DRUGS)
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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 o…
R.16.19.20-16.19.20.8 REGISTRATION REQUIREMENTS
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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 orien…
R.16.19.20-16.19.20.9 REGISTRATION AND EXPIRATION DATES
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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 firs…
R.16.19.21-16.19.21.1 ISSUING AGENCY
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Regulation and Licensing Department - Board of Pharmacy, Albuquerque, NM.
R.16.19.21-16.19.21.10 REGISTRATION FEE
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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.
R.16.19.21-16.19.21.11 APPLICATION FORMS
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Application forms may be obtained from the Board of Pharmacy.
R.16.19.21-16.19.21.12 SEPARATE REGISTRATION OF EACH PRINCIPLE PLACE OF BUSINESS
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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.
R.16.19.21-16.19.21.13 INFORMATION REQUIRED
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Each application shall include all information as required on the application form and shall be signed by the applicant.