New Mexico Administrative Code

Permanent.

December 1, 2003, unless a later date is cited at the end of a section.

The objective of Part 27 of Chapter 19 is to protect the health and safety of New Mexico citizens by regulating the conduct of pharmacist interns, pharmacy technicians and facilities licensed pursuant to the New Mexico Pharmacy Act.

Dishonorable conduct by a pharmacist intern licensed pursuant to Section 61-11-6 NMSA 1978, or pharmacy technician registered pursuant to Section 61-11-6 NMSA 1978. A. "Dishonorable conduct by a pharmacist intern or pharmacy technician" shall mean, among other things, but not to …

Regulation and Licensing Department - Board of Pharmacy.

The board shall maintain a current list of all registered sellers and dispensers of contact lenses.

Any person who violates any of the provisions of this part shall be subject to the provisions of the New Mexico Uniform Licensing Act.

All persons or entities selling or dispensing contact lenses pursuant to a valid prescription to patients in New Mexico.

The board of pharmacy is authorized pursuant to the Optometry Act, Section 61-2-1 through Section 61-2-18 NMSA 1978 (1997 Repl. Pamp.) to register sellers or dispensers of contact lenses and collect a fee for registration.

Permanent.

December 1, 2003, unless a different date is cited at the end of a section.

The objective of Part 28 of Chapter 19 is to establish the registration of sellers or dispensers of contact lenses.

A. "Board" means the New Mexico board of pharmacy, herein referred to as the board. B. "Optometry Act" means NMSA 1978 Section 61-2-1 through 61-2-18 (1995 Repl. Pamp.), herein referred to as the Optometry Act or Section 61-2-1 et seq. C. "Contact lens prescription" means a presc…

A. A person who is not a licensed optometrist or a licensed physician shall not sell or dispense a contact lens to a resident of this state unless he is registered with the board of pharmacy. B. Pharmacies, hospitals and clinics licensed by the board are exempt from this regulati…

A policy manual containing at a minimum the information listed below shall be submitted with the registration application. The initial manual, must be approved by the board and any subsequent changes or modifications require prior approval of the board or its agent. A. A contact …

Regulation and Licensing Department - Board of Pharmacy.

A. Audit trail information maintained by the board shall not be subject to the Inspection of Public Records Act, Sections 14-2-1 through 14-2-12 NMSA 1978, and shall be confidential except as provided in Subsection C and D of 16.19.29.10 NMAC. B. The board shall maintain procedur…

The board may contract with another agency of this state or with a private vendor, as necessary, to ensure the effective operation of the PMP. A contractor shall comply with the provisions regarding confidentiality of prescription information in 16.19.29.9 NMAC and shall be subje…

A. Persons authorized for access to PMP information as listed in Paragraphs (1) through (10) and (14) of Subsection D of 16.19.29.9 NMAC must apply for access as described at the PMP website located at http://nmpmp.org or as otherwise indicated. Persons granted access must mainta…

A. The board may provide PMP information to other states' prescription monitoring programs and such information may be used by those programs consistent with the provisions of this rule. B. The board may request and receive PMP information from other states' prescription monitori…

A. A dispenser who knowingly fails to submit prescription monitoring information to the board as required by this rule or knowingly submits incorrect prescription information shall be subject to disciplinary proceedings as defined in Section 61-11-20 of the Pharmacy Act, NMSA 197…

If any provisions of this rule or its application to any person or circumstance is held invalid or unenforceable, the remainder of this rule shall not be affected and shall be valid and enforceable.

All persons that dispense controlled substances and drugs of concern pursuant to prescriptions from practitioners and practitioners who dispense controlled substances and drug(s) of concern directly to a patient under their care. All persons authorized to receive disclosure of pr…

Sections 30-31-1 through 30-31-41 of the Controlled Substance Act NMSA 1978, authorizes the board of pharmacy to promulgate rules and charge reasonable fees regarding controlled substances. Section 30-31-16 of the Controlled Substance Act NMSA 1978 authorizes the board to collect…

Permanent.

07-15-04, unless a later date is cited at the end of a section.

The objective of Part 29 of Chapter 19 is to promote the public health and welfare by detecting and preventing substance abuse and misuse, and encouraging appropriate treatment of pain and other conditions for which controlled substances are prescribed. The purpose of the program…

A. "Audit trail information" means any query based information resulting from an authorized prescription monitoring program user's request for a prescription monitoring program report, which could include the user's name, date and time of the query or other related information. B…

A. The board shall monitor the dispensing of all schedule II - V controlled substances and drug(s) of concern by all dispensers licensed to dispense such substances to patients in this state. B. Each dispenser shall submit to the board by electronic means information regarding ea…

A. Prescription information submitted to the board shall not be subject to the Inspection of the Public Records Act, Sections 14-2-1 through 14-2-12 NMSA 1978 and shall be confidential except as provided in Subsections C through G of 16.19.29.9 NMAC. B. The board shall maintain p…

Board of Pharmacy

A. An applicant must have current pharmacist licensure in the state in which the applicant has licensed by examination. B. If an applicant has not been active in the area of pharmacy practice for greater than two years but less than six years, the pharmacist candidate shall compl…

A. An applicant for reciprocity will be required to submit all paperwork required for reciprocity, and take and pass the MPJE prior to issuance of a license. B. Failure to take the MPJE within one year after the application is received shall nullify the application and a refund o…

Each applicant for licensure shall furnish a current photograph, head and shoulders only, approximately 3 x 4 inches.

The New Mexico board of pharmacy shall deem an applicant ineligible to be licensed by reciprocity if the application that they submit fails to furnish evidence: A. that the license which applicant acquired by examination in the state from which they apply is in good standing; B. …

An applicant may be ineligible for reciprocal licensure if there is pending an indictment or alleged violation of any law pursuant to the provisions of 16.19.4.8 NMAC.

A. Definitions as used in this section.(1) "expedited license" is a one-year provisional license that confers the same rights, privileges and responsibilities as a regular license issued by the board; (2) "military service member" means a person who is: (a) serving in the armed f…

Service members, as defined in 50 USC § 3911, and their spouses who relocate residency to New Mexico because of military orders for military service, may apply for and be issued a provisional pharmacist license by reciprocity, without taking the NM MPJE, during the duration of su…

All applicants for licensure as pharmacists by reciprocity.

Section 61-11-10 NMSA 1978 authorizes the board of pharmacy to issue a certificate of licensure as a pharmacist, with or without examination, by reciprocity.

Permanent.

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.

The objective of Part 3 of Chapter 19 is to recognize qualifications of pharmacists licensed by examination in other states that grant reciprocal privileges in New Mexico and to establish uniform criteria for obtaining licensure as a pharmacist by reciprocity.

[RESERVED]

Reciprocal licensure shall be granted to those persons licensed by examination as a licensed pharmacist in other states or territories of the United States which grant reciprocal privileges to persons licensed as pharmacists by examination in New Mexico. An applicant must be a gr…

A. An applicant shall be deemed to be ineligible to reciprocate if licensure in the state of examination is not current; or if the pharmacist has worked less than one year or internship requirements at the time of examination, did not meet New Mexico's internship requirements. B.…

Board of Pharmacy

A. Maintenance of records. Every record required by this section shall be kept by the pharmacy for at least three (3) years. B. Compounding records. (1) Master Formulation records must include: (a) provides a consistent source document for preparing the preparation (recipe); (b) …

All pharmacies as defined in Subsections S and Z of Section 61-11-2 NMSA 1978, and all persons or entities that own or operated, or are employed by a pharmacy for the purpose of providing pharmaceutical products or services.

Paragraph (6) of Subsection A of Section 61-11-6 NMSA 1978 requires that the board of pharmacy provide for the licensing of retail pharmacies and nonresident pharmacies and for the inspection of their facilities and activities.