New Mexico
Register / Volume XXXVI, Issue 11 / June 10, 2025
NOTICE OF REGULAR
BOARD MEETING AND RULE HEARING
The New Mexico Board of Pharmacy will convene on July 17th
and 18th, 2025 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 and rule hearing.
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/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 must submit documentation for presentation;
via fax (505) 222-9845, mail or email to the Board Administrator, at the
general e-mail pharmacy.board@rld.nm.gov at least one week in advance of the
scheduled meeting.
Interested persons wishing to
comment on proposed language regarding rule hearings may submit documentation
for presentation prior to the hearing; via fax (505) 222-9845, mail or email to
the Board Administrator, at the general e-mail pharmacy.board@rld.nm.gov in
advance of the scheduled meeting. Public
comment is also allowed during the rule hearing.
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, or if you are in
need of a translator to attend or participate in the hearing or meeting, please
contact Board Administrator at 505-222-9830 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 at 505-222-9830 or e-mail pharmacy.board@rld.nm.gov if a summary or other type of accessible
format is needed.
The full text of Proposed Rule Amendments for Rule Hearing
on July 17th, 2025, at 9:10 a.m. is available for each rule via the
hyperlinks below, agenda hyperlinks, and Sunshine Portal notice
hyperlinks. If you are unable to access
the full text of Proposed Rule Amendments via the links provided, please
contact pharmacy.board@rld.nm.gov for a copy.
Short explanation of the Purpose of Proposed Rule
Amendments: see below.
16.19.4 NMAC – PHARMACIST – Section 10, update continuing
education (CE) audit provision to include completion by board staff and remove
mandatory fine for deficient CE completion. Section 11, update custodial care facility
definition to match that of Part 11.
Replace allowance for stock naloxone with opioid antagonist and add
epinephrine autoinjectors to the drugs that a custodial facility may keep as stock. The proposed changes will increase audit
efficiency and allow licensees the opportunity to meet CE requirements found
deficient by audit outside of the disciplinary process (Section 10). Proposed updates to Section 11 allow greater
flexibility and availability of stock medication in custodial facilities.
STATUTORY AUTHORITY:
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 provisions include the authority to:
A. deny or take disciplinary action
with respect to any certificate of registration or license held or applied for
under the Pharmacy Act, Section 61-11-20 NMSA 1978;
B. require and establish criteria for
continuing education as a condition of renewal of a pharmacist license,
Paragraph (4) of Subsection A of Section 61-11-6 NMSA 1978;
C. issue permits or licenses, as
defined and limited by board regulation, to nursing homes, industrial and
public health clinics and home care services, Paragraph (6) of Subsection A of
Section 61-11-6 and 61-11-14 NMSA 1978;
D. provide for the issuance and renewal
of licenses for pharmacists, Paragraph (3) of Subsection A of Section 61-11-6,
and 61-11-13 NMSA 1978;
E. provide for the registration of
pharmacist interns, their certification, annual renewal of certification,
training, supervision, and discipline, Paragraph (5) of Subsection A of Section
61-11-6 NMSA 1978; and
F. adopt rules and regulations that
establish patient counseling requirements, Paragraph (18) of Subsection A of
61-11-6 NMSA 1978. Under the Pharmacist
Prescriptive Authority Act, Sections 61-11B-1 to 61-11B-3 NMSA 1978, the board
is required to establish regulations governing certification as a pharmacist
clinician. The Impaired Pharmacists Act,
Sections 61-11A-1 to 61-11A-8 NMSA 1978, requires the establishment by the
board of a plan for treatment and rehabilitation of impaired pharmacists. Subsection B of Section 61-1-36 NMSA 1978
authorizes the board of pharmacy to promulgate rules relating to listing
specific criminal convictions that could disqualify an applicant from receiving
a license on the basis of a previous felony
conviction. Subsection B of Section
28-2-3 NMSA 1978 prohibits the board of pharmacy from considering certain
criminal records to be used, distributed or disseminated in connection with an
application for a license. Section
28-2-4 NMSA 1978 authorizes the board of pharmacy the power to refuse to grant
or renew, or suspend or revoke a license where the
applicant or licensee has been convicted of a felony and the criminal
conviction directly relates to the particular profession
and other convictions specified.
https://www.rld.nm.gov/wp-content/uploads/2025/05/Pharm-16.19.4-NMAC-July-25.pdf
16.19.8 NMAC - WHOLESALE DISTRIBUTORS; THIRD-PARTY
LOGISTICS PROVIDERS; REPACKAGERS; DRUG SUPPLY CHAIN SECURITY – Section 9,
remove surety bond requirement. The
proposed change aligns with statute, which specifies that the board may require
surety bonds (versus shall).
STATUTORY AUTHORITY:
Paragraph (6) of Subsection A of Section 61-11-6 NMSA 1978 directs the
board of pharmacy to provide for the licensing of drug manufacturers, repackagers and wholesale drug distributors and for the
inspection of their facilities and activities.
Paragraph (7) of Subsection A of Section 61-11-6 NMSA 1978 authorizes
the board to enforce the provisions of all state laws pertaining to the
practice of pharmacy and the manufacture, production, sale or distribution of
drugs, cosmetics or poisons, including the New Mexico Drug, Device and Cosmetic
Act, Chapter 26, Article I NMSA 1978.
Pursuant to Section 26-1-18 of the Drug, Device and Cosmetic Act, the
board is authorized to promulgate regulations for the efficient enforcement of
the act.
https://www.rld.nm.gov/wp-content/uploads/2025/05/Pharm-16.19.8-NMAC-July-25.pdf
16.19.12 NMAC – FEES – Section 20, pharmacist license
reinstatement fee is increased from $25 to $100. The proposed change aligns with statute.
STATUTORY AUTHORITY:
Section 30-31-11 NMSA 1978 authorizes the board of pharmacy
(“board”) to charge reasonable fees relating to the registration and
control of the manufacture, distribution and dispensing of controlled
substances. Section 30-31B-6 NMSA 1978
authorizes the board to charge reasonable fees for the registration and control
of the manufacture, possession, transfer and transportation of drug
precursors. Sections 61-11-12, 61-11-13,
and 61-11-14 NMSA 1978 authorize the board to charge, and limit the maximum
charges for:
A. applications for registration and
renewal of registration as a pharmacist, pharmacist intern, or pharmacy
technician; and
B. applications for the registration of
retail pharmacies, wholesale drug distributors, nonresident pharmacies, drug
manufacturers, hospital pharmacies, drug rooms, nursing homes, industrial or
public health clinics, the department of health clinics and health facilities,
home care services, wholesalers, retailers and distributors of legend-bearing
veterinary drugs, medicinal gas repackagers,
medicinal gas sellers, outsourcing facilities, repackagers,
and third party logistics providers.
Section 61-1-34 NMSA 1978 authorizes the board to waive license fees for
the first three years for military service members, spouses, dependents, and
veterans where the license is issued by reciprocity.
https://www.rld.nm.gov/wp-content/uploads/2025/05/Pharm-16.19.12-NMAC-July-25.pdf
16.19.30 NMAC - COMPOUNDING OF NON-STERILE PHARMACEUTICALS –
Section 7, the beyond -use dating methods used for compounded preparations
applies to conventionally manufactured product to which flavoring is
added. The proposed change makes clear
this standard is applicable.
STATUTORY AUTHORITY:
Paragraph (6) of Subsection A of Section 61-11-6 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.
https://www.rld.nm.gov/wp-content/uploads/2025/05/Pharm-16.019.0030-July-25.pdf
Disciplinary Hearing(s):
There are no disciplinary hearings scheduled at time of
submission for publication.
If
additional 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: June
10, 2025
Published in Albuquerque Journal: June
10, 2025