New Mexico Register / Volume XXXIV, Issue
5 / March 14, 2023
NOTICE OF REGULAR
BOARD MEETING AND RULE HEARING
The New Mexico Board of Pharmacy will convene on April 20th
and 21st, 2023 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,
Davilyn Valencia at the general e-mail pharmacy.board@rld.nm.gov at least one
week in advance of the scheduled meeting, as public comment is allowed during
the rule hearing.
The board may go into Executive Session to discuss items
pursuant to Paragraph (1) of Section 10-15-1H, Paragraph (2) of Section
10-15-1H, Paragraph (3) of Section 10-15-1H or Paragraph (7) of Section 10-15-1H
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 Board Administrator, Davilyn
Valencia, at 505-222-9830 or e-mail pharmacy.board@rld.nm.gov if a summary or other type of accessible
format is needed.
The Board will address:
All Board Matters:
Rule Hearings: April
20, 2023 at 9:10 a.m.
16.19.10 NMAC – LIMITED DRUG CLINICS
– Subsection T of Section 11 is clarified by specifying that supplying of
methadone is pouring and labeling the take home dose.
STATUTORY AUTHORITY:
Paragraph (6) of Subsection A of Section 61-11-6 NMSA 1978 requires the
Board of Pharmacy to provide for the licensing of industrial and public health
clinics and for the inspection of their facilities and activities. Pursuant to Paragraphs (6), (7), (12), and
(13) of Subsection B of Section 61-11-14 NMSA 1978, the Board is authorized to
issue drug permits, as defined and limited by Board regulation, for industrial
health clinics, community health clinics, animal control facilities, and
wholesalers, retailers and distributors of veterinary drugs. Subsection (A) of Section 26-1-16 NMSA 1978
prohibits the sale, disposal or possession of any dangerous drug except by
individuals and entities identified in the statute, including clinics licensed
by the Board.
16.19.20 NMAC – CONTROLLED SUBSTANCES
– Section 41, removal of reference to DATA waived practitioner. Section 65, addition of numerous substances
to schedule I: opioids (renumber fentanyl related substances, add several
fentanyl analogs and other opioids), add substances to opium derivatives,
depressants, and hallucinogens sections. Section 66, add substances to opioids
section. Section 68, add brexanolone (depressant), deschedule
fenfluramine. Add substances to
stimulants and other substances section.
Section 69, add substances to depressants section. All additions are for the purposes of
aligning part 20 with federal DEA schedules, including emergency scheduling
actions. Bromazolam
has not been federally scheduled, however the board is proposing placement in
Schedule I. Bromazolam
is expected to have similar actual or relative abuse, pharmacological effect,
and potential to produce psychic or physiological dependence liability similar to the other benzodiazepines that were added to
Schedule I by the DEA under emergency scheduling in December of 2022. In addition, the board has received reports
indicative of abuse in New Mexico (forensic laboratory findings of bromazolam in tablets bearing markings of alprazolam and in
fentanyl tablets). Central nervous
system depressants, if ingested with opioids, can significantly increase risk
of overdose death.
STATUTORY AUTHORITY:
Section 30-31-11 of the Controlled
Substances Act, 30-31-1 through 30-31-42 NMSA 1978, authorizes the board of
pharmacy to promulgate regulations and charge reasonable fees for the
registration and control of the manufacture, distribution and dispensing of
controlled substances. Paragraph (2) of
Subsection B of Section 61-11-6 NMSA 1978 authorizes the board to provide by
regulation for the electronic transmission of prescriptions.
Disciplinary Hearing(s): no
disciplinary hearings are currently scheduled.
If scheduling occurs, the 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.
Executive Director’s Report:
Published in NM Register: March 14, 2023
Published in Albuquerque Journal: March 14, 2023