Chapter 61 — Chapter 61

The board may issue a license, with or without examination, to a person who: A. is licensed as a pharmacist by examination in another state that under equivalent conditions will grant reciprocal licensure to persons licensed as pharmacists by examination in this state; and B. pro…

The classification of pharmacist intern is established. An applicant for licensure as a pharmacist intern shall: A. be not less than eighteen years of age and not be addicted to the use of drugs or alcohol; B. have satisfactorily completed educational requirements established by …

A. The classification of pharmacy technician is established. An applicant for registration as a pharmacy technician shall: (1) be at least eighteen years of age and not addicted to drugs or alcohol; (2) complete initial training as required by regulations of the board that includ…

A. Except as provided in Section 61-1-34 NMSA 1978, an applicant for licensure as a pharmacist or pharmacist intern or registration as a pharmacy technician shall pay the following fees, which fees shall not be returnable: (1) for initial licensure as a pharmacist, a fee set by t…

A. The renewal date for each licensee shall be the last day of the licensee's birth month, as set by rule of the board. Any person who intends to continue practice shall file an application for renewal prior to that date and, except as provided in Section 61-1- 34 NMSA 1978, pay …

fees; revocation. A. Any person who desires to operate or maintain the operation of a pharmacy or who engages in an activity in this state requiring licensure by the board shall apply to the board for the proper license and shall meet the requirements of the board and pay the fee…

service. A. Any person making application to the board for a nonresident pharmacy license shall submit to the board an application for licensure that discloses the following information: (1) the address of the principal office of the nonresident pharmacy and the names and titles …

A. An owner of a pharmacy shall not: (1) fail to place a pharmacist in charge; (2) intentionally or fraudulently adulterate or cause to be adulterated or misbrand or cause to be misbranded any drugs compounded, sold or offered for sale in the pharmacy; (3) alone or through any ot…

There shall be kept in every pharmacy, subject to review or testing by the board or its authorized agents, such references and equipment as the board may designate by regulation. History: 1953 Comp., § 67-9-47, enacted by Laws 1969, ch. 29, § 15; 1997, ch. 131, § 18.

Every person shall have his 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 is employed. History: 1953 Comp., § 67-9-48, enacted by Laws 1969, ch. 29, § 16; 1…

The board shall license department of health clinics and other health facilities of the department where dangerous drugs are stored, distributed or dispensed. All such clinics or other health facilities of the department are subject to the provisions of the Pharmacy Act. History:…

Any person licensed under Article 61, Chapter 11 NMSA 1978 shall report in writing the occurrence of any of the following events to the board within fifteen days of discovery: A. permanent closing of a licensed premises; B. change of ownership, management, location or pharmacist …

A. An audit of the records of a pharmacy by an entity shall be conducted in accordance with the following criteria: (1) the entity conducting the initial on-site audit shall give the pharmacy notice at least two weeks prior to conducting the initial on-site audit for each audit c…

A. There is established in the state treasury the "pharmacy fund". B. All funds received by the board and all money collected under the Pharmacy Act or any other act administered by the board shall be deposited with the state treasurer for credit to the pharmacy fund. C. Payments…

As used in the Pharmacy Act: A. "administer" means the direct application of a drug to the body of a patient or research subject by injection, inhalation, ingestion or any other means as a result of an order of a licensed practitioner; B. "board" means the board of pharmacy; C. "…

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 …

A. Unless a person is a pharmacist or is exempted under the Pharmacy Act, no person shall sell at retail any dangerous drug, compound any prescription or acquire and possess any dangerous drug without its being prescribed. B. No person shall conduct or operate a place used for th…

A. The Pharmacy Act does not apply to licensed practitioners in this state in supplying to their patients any drug if the licensed practitioner is practicing the licensed practitioner's profession and does not keep a pharmacy, advertised or otherwise, for the retailing of dangero…

A. The Pharmacy Act does not amend or repeal any of the laws that govern the manufacture, sale or distribution of controlled substances. B. The Pharmacy Act does not amend or repeal the New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978]. History: 1953 Comp…

A. It is a misdemeanor for any person to: (1) practice or attempt to practice pharmacy without a current license from the board; (2) use the title of registered pharmacist unless he is licensed as such pursuant to the Pharmacy Act; (3) procure or attempt to procure licensure as a…

In addition to the remedies provided in the Pharmacy Act, the board may apply to the district court for a temporary or permanent injunction restraining any person from violating any provision of the Pharmacy Act irrespective of whether or not there exists an adequate remedy at la…

Any person or place of business licensed as a pharmacist, pharmacist intern or pharmacy under any prior laws of this state whose license is valid on the effective date of the Pharmacy Act shall be held to be licensed under the provisions of the Pharmacy Act and entitled to renewa…

All money that has accumulated to the credit of the board under any previous law shall be continued for use by the board in the administration of the Pharmacy Act and any other laws being administered by the board. History: 1953 Comp., § 67-9-58, enacted by Laws 1969, ch. 29, § 2…

The board is subject to all the provisions of the Uniform Licensing Act [61-1-1 to 61- 1-31 NMSA 1978]. History: 1953 Comp., § 67-9-59, enacted by Laws 1969, ch. 29, § 28; 1997, ch. 131, § 29.

History: 1978 Comp., § 61-11-29, enacted by Laws 1979, ch. 266, § 2; 1981, ch. 241, § 24; 1985, ch. 87, § 9; 1991, ch. 189, § 16; 1997, ch. 46, § 11; 2003, ch. 428, § 11; 2009, ch. 96, § 8; 2015, ch. 119, § 10; repealed by Laws 2023, ch. 15, § 8.

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Pharmacy Act. History: 1953 Comp., § 67-9-34.1, enacted by Laws 1974, ch. 78, § 17.

A. Pursuant to a board-approved protocol approved by the New Mexico medical board, a pharmacist may order, test, screen, treat and provide preventative services for health conditions or situations that include: (1) influenza; (2) group A streptococcus pharyngitis; (3) SARS-COV-2;…

controlled substances. A. A licensed custodial care facility that is authorized to provide medically monitored withdrawal management that is under the supervision of a consulting pharmacist and has nursing staff on-site twenty-four hours per day, three hundred sixty-five days per…

removal. A. There is created the "board of pharmacy". The board shall be administratively attached to the regulation and licensing department. The board consists of nine members, each of whom shall be a citizen of the United States and a resident of New Mexico. B. Five members sh…

A. The board shall annually elect a chairman, vice chairman and secretary-treasurer from its membership. B. The board shall meet at least once every three months. Special meetings may be called by the chairman and shall be called upon the written request of two or more members of…

A. The board shall: (1) promulgate rules in accordance with the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978] to carry out the provisions of the Pharmacy Act in accordance with the provisions of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978]; (2…

A. The board may adopt rules that provide for criminal background checks for all new licensees to include: (1) requiring criminal history background checks of applicants for licensure pursuant to the Pharmacy Act; (2) requiring applicants for licensure to be fingerprinted; (3) pr…

A. On or before January 1, 2014, the board shall jointly develop with the insurance division of the public regulation commission a uniform prior authorization form that, notwithstanding any other provision of law, a prescribing practitioner in the state shall use to request prior…

A. The Pharmacy Act does not prohibit: (1) a hospital or state or county institution or clinic without the services of a staff pharmacist from acquiring and having in its possession a dangerous drug for the purpose of dispensing if it is in a dosage form suitable for dispensing a…

Records shall be kept by all persons licensed pursuant to the Pharmacy Act of all dangerous drugs, their receipt, withdrawal from stock and use or other disposal. The records shall be open to inspection by the board or its agents, and the licensee shall be responsible for the mai…

examination. A. An applicant for licensure as a pharmacist by examination shall: (1) have reached the age of majority and not be addicted to the use of drugs or alcohol; (2) be a graduate of a school or college of pharmacy approved by the board; (3) have not less than one year of…

A. The board may require surety bonds or other equivalent means of security, as approved by the board, that are provided by a third party such as insurance, an irrevocable letter of credit or funds deposited in a trust account or financial institution, to secure payment for any a…

This act [61-11A-1 to 61-11A-8 NMSA 1978] may be cited as the "Impaired Pharmacists Act". History: Laws 1987, ch. 284, § 1.

As used in the Impaired Pharmacists Act: A. "board" means the New Mexico board of pharmacy; B. "board-approved intervenors" means persons trained to intervention and designated by the board to implement the intervention process when necessary; C. "committee" means a committee app…

The board may appoint a committee to organize and administer a program that will fulfill two functions. The program shall serve as a diversion program to which the board may refer licensees where appropriate in lieu of or in addition to other disciplinary action. The program shal…

The functions of the committee shall include: A. evaluation of pharmacists who request participation in the program; B. review and designation of treatment facilities and services to which pharmacists in the program may be referred; C. receipt and review of information relating t…

A. The board shall inform each pharmacist referred to the program by board action of the procedures followed in the program, of the rights and responsibilities of the pharmacist in the program and of the possible consequences of noncompliance with the program. B. Failure to compl…

A. The committee shall inform each pharmacist who voluntarily participates in the impairment program without referral by the board of the procedures followed in the program, of the rights and responsibilities of the pharmacist in the program and of the possible consequences of no…

The board shall review the activities of the committee on a quarterly basis. As part of this evaluation, the board shall review files of all participants in the impairment program. Names of those pharmacists who entered the program voluntarily without the knowledge of the board s…

No member of the board or the committee or any board-approved intervenor shall be liable for any civil damages because of acts or omissions which may occur while acting in good faith pursuant to the Impaired Pharmacists Act. History: Laws 1987, ch. 284, § 8. ARTICLE 11B Pharmacis…

This act [61-11B-1 to 61-11B-3 NMSA 1978] may be cited as the "Pharmacist Prescriptive Authority Act". History: Laws 1993, ch. 191, § 1.

As used in the Pharmacist Prescriptive Authority Act: A. "administer" means the direct application of a drug by any means to the body of a person; B. "board" means the board of pharmacy; C. "dangerous drug" means a drug that, because of any potentiality for harmful effect or the …

A. A pharmacist clinician planning to exercise prescriptive authority in practice shall have on file at the place of practice written guidelines or protocol. The guidelines or protocol shall authorize a pharmacist clinician to exercise prescriptive authority and shall be establis…

Chapter 61, Article 12A NMSA 1978 may be cited as the "Occupational Therapy Act". History: 1978 Comp., § 61-12A-1, enacted by Laws 1996, ch. 55, § 1; 2005, ch. 199, § 1.

July 1, 2028.) The board shall appoint a registrar who is either the board member elected as the secretary-treasurer or such other person as the board may designate who is an employee of the state. The registrar of the board may receive reimbursement for necessary expenses incurr…