New Mexico Register / Volume XXXIII, Issue
11 / June 7, 2022
NOTICE OF REGULAR
BOARD MEETING AND RULE HEARING
The New Mexico Board of Pharmacy will convene on July 21st
and 22nd, 2022 at 9:00 a.m. and continue until finished in the Board of
Pharmacy Conference Room located at 5500 San Antonio Dr., NE, Albuquerque, NM
87109 for the purpose of conducting a regular board meeting.
The agenda is posted 72 hours prior to the scheduled
meeting. You may view and download a
copy of the agenda through the board’s website: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/pharmacy/pharmacy-board-information/pharmacy-board-meetings/. All proposed
language regarding rule hearings is linked to the Agenda, the Notice to the
Public on our website and the New
Mexico Sunshine Portal.
Individuals petitioning the
board regarding requests/waivers and/or interested persons wishing to comment
on proposed language regarding rule hearings must submit documentation for
presentation; via fax (505) 222-9845, mail or email to the Board Administrator,
Gabriella Romero, gabriella.romero@state.nm.us at least one week in advance of
the scheduled meeting. Public comment is
also allowed during the rule hearing.
The board may go into Executive Session to discuss items
pursuant to Section 10-15-1H(1), Section 10-15-1H(2),
Section 10-15-1H(3) or Section 10-15-1H(7) of the Open Meeting Act. Agenda items may be executed at any time
during the meeting to accommodate hearings.
If you are an individual with a
disability who is in need of a reader, amplifier,
qualified sign language interpreter, or any other form of auxiliary aid or
service to attend or participate in the hearing or meeting, please contact Gabriella
Romero 505-222-9835 at least one week prior to the meeting or as soon as
possible. Public documents, including
the agenda and minutes, can be provided in various accessible formats. Please contact Gabriella Romero, at 505-222-9835
or e-mail gabriella.romero@state.nm.us if a summary or other type of accessible
format is needed.
The Board will address:
All Board Matters:
Rule Hearings: July
21, 2022 at 9:10 a.m.
16.19.4
NMAC- PHARMACISTS - Sections 9, 16 and 17 administrative updates. Section 9, amended to exclude dispensing other
opioid antagonist as authorized in Section 24-23-1 NMSA 1978 from definition of
unprofessional or dishonorable conduct.
Section 11, to include schedule V in drugs that may not be returned to
inventory under return of patient medication package drugs. New subsections under consultant pharmacist
clinic facility for Class E clinic specifying consultant pharmacist visitation
frequency and activities. Section 12, clarified
to specify that a licensee must appear before the board as a condition of
consideration of reinstatement. Section 17, amended to include schedule III in
requirement for pharmacist clinician utilization of PMP in opioid treatment
programs.
STATUTORY AUTHORTY: 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.
16.19.10
NMAC- LIMITED DRUG CLINICS - Section 1, administrative update. Section 3, administrative
updates and reference additional paragraphs of
Subsection B of Section 61-11-14 to correspond to listed facility types. Amend facility types listed to correspond to
limited drug clinic categories. Section
7, defining “Mobile Narcotic Treatment Program.” Section 10, amended to include schedule V
controlled substances in records that may be kept in same record as dangerous
drugs with entry identification. Section
11, update statute citation, and add new subsection e - Class E Narcotic
Treatment Program (NTP). Under patient
counseling, specify additional allowance for use of alternative forms of
patient information to supplement patient counseling when appropriate. Drug storage, Class E clinics- 96 square foot
room. Disposition of unwanted or
outdated drugs, added specification that controlled substance disposition shall
occur in accordance with 16.19.20.38 NMAC. New section T, outlining NTP clinic
requirements.
STATUTORY AUTHORITY: Paragraph (6) of Subsection
A of Section 61-11-6 NMSA 1978, Paragraphs
(6), (7), (12), and (13) of Subsection B of Section 61-11-14 NMSA 1978 and Subsection
(A) of Section 26-1-16 NMSA 1978.
Disciplinary Hearing(s): note
– the information below is tentative.
Final hearing date and time for each case will be included in the agenda
posted to the board’s website at least 72 hours before the meeting. Additional hearing(s), if scheduled, will be
included in the agenda.
July 21, 2022, 1:30 p.m. Carl Carothers, Pharmacy
technician application, Case 2022-005
July 21, 2022, 2:00 p.m. Aileen Arviso,
Pharmacy technician application, Case 2022-020
Executive Director’s Report:
Published in NM Register: June 7, 2022
Published in Albuquerque Journal: June 7, 2022