New Mexico Administrative Code

All designations of pharmacists subject to licensure and regulation by the Board of Pharmacy.

Paragraph (1) of Subsection A of Section 61-11-6 NMSA, 1978 authorizes the board of pharmacy to adopt, regularly review and revise rules and regulations necessary to carry out the provisions of the Pharmacy Act, Sections 61-11-1, 61-11-2, 61-11-4 to 61-11-28 NMSA 1978. Those prov…

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 4 of Chapter 19 is to promote the delivery of quality pharmaceutical services by establishing comprehensive regulations governing pharmacists, conduct, continuing education and requirements, criteria for specialized certification, and duties and responsibili…

A. "A year" begins with the pharmacist's birth month and ends the last day of the pharmacist's birth month the following year. B. "Accredited Provider" An institution, organization or agency that has been recognized by the Accreditation Council for Pharmacy Education, in accord w…

Gross immorality shall constitute a felony conviction of a crime involving a disqualifying criminal conviction. "Conviction" means either a plea of guilty or nolo contendere, or any other full adjudication on the merits by a court of competent jurisdiction, including but not limi…

A. Preamble: In defining "unprofessional conduct" the definitions of professional conduct and a pharmacist's duty should be considered. B. Professional conduct may be defined as complying with all the laws and regulations that apply to a given professional activity. C. Definition…

Board of Pharmacy.

All pharmacist interns and pharmacist preceptors.

Section 61-11-6.A(17) NMSA 1978 requires that the Board of Pharmacy provide for the registration of pharmacist interns, their certification, annual renewal of certification, training, supervision, and discipline. Section 61-11-11 NMSA 1978 establishes qualifications for registrat…

Permanent.

February 15, 1996, unless a different date is cited at the end of a sentence or paragraph.

The objective of Part 5 of Chapter 19 is described in 16.19.5.8 below.

As used in the internship program. A. "Approved training area" means a place for instructing an intern for licensure subject to requirements of the board. B. "Approved program" means a program of training as outlined by the "standards of practice." C. "Computed time" means that t…

A. Internship training, using academic training as a foundation, is to provide a learning experience in real life situations that will result in a complete professional, who is competent to practice pharmacy, and render professional services on their own, without supervision, at …

(Reserved.)

Board of Pharmacy.

A. The restricted area to be occupied by the prescription department shall be an undivided area of not less than 240 square feet. The floor area shall extend the full length of the prescription compounding counter. This area shall provide for the compounding and dispensing and st…

The pharmacy shall have the necessary equipment for the safe and appropriate storage, compounding, packaging, labeling, dispensing and preparations of drugs and parenteral products appropriate to the scope of pharmaceutical services provided. The following items shall be in the p…

Proprietors of pharmacies must report on the annual application for renewal of pharmacy license the names and registry numbers of all registered pharmacist employees and registered interns and shall notify the secretary of the Board of Pharmacy within ten (10) days, in writing, o…

A. Every person shall have his or her license or registration and the license for the operation of the business conspicuously displayed in the pharmacy or place of business to which it applies or in which he or she is employed. All articles, including the following shall be in th…

A. Drugs, medicines, sickroom supplies and items of personal hygiene shall not be accepted for return or exchange of any pharmacist or pharmacy after such articles have been taken from the premises where sold or distributed. B. Prescriptions returned to stock: The pharmacy shall …

Permission shall be obtained, in writing, from the board, after inspection, before any inventory of dangerous drugs or controlled substances may be sold, transferred, disposed of, or otherwise removed from the current premises. All sales shall be subject to the laws of the state.…

A. When a pharmacy is involved in a robbery, burglary, fire, flood or any unusual event in which dangerous drugs might be missing or damaged, the owner shall immediately file with the Board a signed statement of the circumstances of such occurrence and evidence that local authori…

When a pharmacy discontinues operation, the permit issued by the board shall be immediately surrendered to the board office, all drug signs and symbols, either within or without the premises, shall be immediately removed; all drugs, devises, poisons shall be removed or destroyed:…

As used in Section 61-11-2 of the Pharmacy Act "labeling" or "to label". The act of affixing, applying or attaching a display of written, printed or graphic matter upon or in the immediate container of any human use drug, repackaging or dispensed on the order of a practitioner, s…

Before a licensed pharmacy changes the location of the business, or the physical dimensions or elements of physical security, a new application shall be submitted to the Board, setting forth such changes. Upon approval and completion of the change, a Request for Inspection will b…

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

A transfer of ownership occurs upon. A. The sale of the pharmacy to another individual or individuals by the present owner. B. The addition or deletion of one or more partners in a partnership. C. The death of a singular or sole owner. D. The change of ownership of 30% or more of…

A. Definitions as used in this section: (1) "advertising" or "to advertise" means to inform customers by any means such as, but not limited to, shelf tags, preticketing, display card, handbills, billboards, and advertisements in the newspapers, magazines, the internet, radio and …

A. Computers for the storage and retrieval of prescription information do not replace the requirement that a prescription written by a practitioner or telephoned to the pharmacist by a practitioner and reduced to hardcopy be retained as permanent record. Computers shall be mainta…

A. A valid prescription is an order for a dangerous drug given individually for the person for whom prescribed, either directly from the prescribing practitioner to the pharmacist, or indirectly by means of a written order signed by the practitioner. Signed by the practitioner in…

A. Definitions. (1) "Board" means the New Mexico board of pharmacy. (2) "Nonresident pharmacy" means any pharmacy located outside New Mexico that ships, mails or delivers in any manner prescription drugs to New Mexico patients or consumers. For purposes of this definition only, "…

The purpose of these regulations is to provide mandatory standards for centralized prescription dispensing by a retail or nonresident pharmacy. A. Definitions as used in this section. (1) "Centralized prescription dispensing" means the dispensing or refilling of a prescription dr…

A. General requirements. (1) A New Mexico licensed pharmacy may employ one or more pharmacists for the purpose of conducting drug utilization reviews in remote practice sites provided that all security requirements are met. (2) All pharmacists employed to work at a remote DUR pra…

A. Scope: This section applies only to the use of automated drug distribution systems located within the facilities specified in Subsection B of this section. B. Definitions as used in this section. (1) "Automated drug distribution system", or "automated medication system" or, "s…

A. Definitions. The following definitions shall apply to this section: (1) "Automated filling system" means an automated system used by a pharmacy in the state of New Mexico to assist in filling a prescription drug order by selecting, labeling, filling, or sealing medication for …

A. General requirements. (1) A New Mexico licensed pharmacy located in New Mexico may employ one or more certifed pharmacy technicians for the purpose of data input in remote practice sites provided that all security requirements are met. (2) All pharmacy technicians employed to …

Section 61-11-6(A)(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.

A. Scope: This section applies only to repackaging by a pharmacy licensed by the board under the conditions specified in this section. B. Definitions as used in this section: (1) "administer" means the direct application of a drug to the body of a patient or research subject by i…

Permanent.

March 30, 2002, unless a later date is cited at the end of a section.

The objective of Part 6 of Chapter 19 is to ensure the safe and competent delivery of quality pharmaceutical products and services to the public by establishing standards for the operation of pharmacies, including but not limited to minimum space requirements and standards for eq…

A. "Contracted" means having a written agreement (to include" business associate agreements" as required by federal law) between parties to ensure the authenticity and prescribing authority of each prescriber transmitting prescriptions, sufficient security to prevent the fraudule…

A. Applicant shall submit required application and fee to the Board of Pharmacy office. B. The Board, at its discretion, may require all persons interested in the ownership, operation or management, pursuant to the applicant, to meet with the Board to determine that all persons a…

A. The term "pharmacist-in-charge" means a pharmacist licensee in the state of New Mexico who has been designated pharmacist-in-charge pursuant to New Mexico Statute Section 61-11-15. Failure to perform any of the following duties will constitute a violation of 61-11-20(A)(1). It…

Regulation and Licensing Department - Board of Pharmacy.

A. A pharmacy service unit: (1) is a separate entity from the central hospital pharmacy, within the same physical building; (2) provides limited and/or specialized inpatient pharmacy services with a minimum of 100 square feet; (3) has the necessary space, references and equipment…

A. In hospitals where there is not a pharmacy, prelabeled, prepackaged medications shall be stored in and distributed from a drug storage area or automated medication management system, which is under the supervision of a pharmacist. B. The pharmacist-in-charge shall have the res…