Disciplinary proceedings; Uniform Licensing Act

A. In accordance with the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the board may deny, withhold, suspend or revoke any registration or license held or applied for under the Pharmacy Act upon grounds that the licensee or applicant: (1) is guilty of gross immorality or dishonorable or unprofessional conduct as defined by regulation of the board; (2) is convicted of a violation of a federal law relating to controlled substances, a federal food and drug law or a federal law requiring the maintenance of drug records; (3) is guilty of a violation of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978], the Drug Product Selection Act [26-3-1 to 26-3-3 NMSA 1978], the Imitation Controlled Substance[s] Act [30-31A-1 through 30-31A-15 NMSA 1978], the Pharmacy Act, the New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978] or the Drug Precursor Act [Chapter 30, Article 31B NMSA 1978]; (4) is addicted to the use of dangerous drugs or narcotic drugs of any kind; (5) is habitually intemperate; (6) is guilty of knowingly or fraudulently adulterating or misbranding or causing to be adulterated or misbranded any drugs; (7) is guilty of procuring or attempting to procure licensure as a pharmacist or pharmacist intern, registration as a pharmacy technician or licensure for a pharmacy or pharmaceutical business in this state for the licensee's or applicant's own self or another by knowingly making or causing to be made false representations to the board; (8) is unfit or unable to practice pharmacy by reason of a physical or mental disease or disability as determined by the board and based on competent medical authority, during the period of such disability; (9) fails to maintain any drug record required by federal law and that failure results in the condemnation of any drugs in the licensee's or applicant's possession or control; (10) is convicted of a felony; (11) has furnished false or fraudulent material in an application made in connection with drug or device manufacturing or distribution; (12) has had a nonresident pharmacy, drug manufacturer, wholesale drug distributor, returned drugs processor, outsourcing facility, repackager or third-party logistics provider license or federal registration suspended or revoked; (13) has obtained remuneration for professional services by fraud, misrepresentation or deception; (14) has dealt with drugs or devices that the licensee or applicant knew or should have known were stolen; (15) has purchased or received a drug or device from a source other than a person or pharmacy licensed pursuant to the Pharmacy Act, unless otherwise provided in that act, the Controlled Substances Act or the New Mexico Drug, Device and Cosmetic Act; (16) is a wholesale drug distributor, manufacturer, outsourcing facility or repackager other than a pharmacy and dispenses or distributes drugs or devices directly to a patient; (17) has violated a rule adopted by the board pursuant to the Pharmacy Act; or (18) has divulged or revealed confidential information or personally identifiable information to a person other than a person authorized by the provisions of the Pharmacy Act or regulations adopted pursuant to that act to receive that information. B. Disciplinary proceedings may be instituted by a person, shall be by sworn complaint and shall conform with the provisions of the Uniform Licensing Act. A party to the hearing may obtain a copy of the hearing record upon payment of costs for the copy. C. The board may modify a prior order of revocation, suspension or refusal to issue a license of a pharmacist or a pharmacist intern or registration of a pharmacy technician but only upon a finding by the board that there no longer exist any grounds for disciplinary action; provided that cessation of the practice of pharmacy for twelve months or more shall require the pharmacist to undergo additional education, internship or examination as the board determines necessary. History: 1953 Comp., § 67-9-51, enacted by Laws 1969, ch. 29, § 19; 1972, ch. 84, § 57; 1983, ch. 165, § 5; 1997, ch. 131, § 22; 2019, ch. 98, § 5.