TITLE
16 OCCUPATIONAL AND
PROFESSIONAL LICENSING
CHAPTER
19 PHARMACISTS
PART
19 HOME CARE SERVICES
16.19.19.1 ISSUING AGENCY: Regulation and Licensing Department - Board
of Pharmacy, 1650 University Blvd, NE - Ste. 400B, Albuquerque, NM 87102, (505)
841-9102.
[02-15-1889...02-15-96;
16.19.19.1 NMAC - Rn 16 NMAC 19.19.1, 03-30-02]
16.19.19.2 SCOPE: All entities that provide home care
services.
[02-15-96;
A, 07-31-98; 16.19.19.2 NMAC - Rn, 16 NMAC 19.19.2, 03-30-02]
16.19.19.3 STATUTORY AUTHORITY: Section 61-11-6(A)(6) NMSA 1978 authorizes the
Board to provide for the licensing of all places where dangerous drugs are
stored or administered and for the inspection of their facilities and
activities. Section 61-11-14(B)(10) NMSA 1978 authorizes the Board to issue
limited drug permits for home care services.
[02-15-96;
A, 07-31-98; 16.19.19.3 NMAC - Rn, 16 NMAC 19.19.3, 03-30-02]
16.19.19.4 DURATION: Permanent.
[02-15-96;
16.19.19.4 NMAC - Rn, 16 NMAC 19.19.4, 03-30-02]
16.19.19.5 EFFECTIVE DATE: February 15, 1996, unless a different date
is cited at the end of each Section or Paragraph. This Part reformatted for
inclusion into the New Mexico Administrative Code (NMAC) effective 2-15-96.
[02-15-96;
A, 07-31-98; 16.19.19.5 NMAC - Rn, 16 NMAC 19.19.5, 03-30-02]
16.19.19.6 OBJECTIVE: The objective of Part 19 of Chapter 19 is to
establish standards for the safe and competent delivery of pharmaceutical
products and services to persons who utilize home care services outside the
institutional setting.
[02-15-96;
16.19.19.6 NMC - Rn, 16 NMAC 19.19.6, 03-30-02]
16.19.19.7 DEFINITIONS: Definitions as used in this regulation, are:
A. "Home care services" means any organization
licensed by the New Mexico Department of Health and the Board of Pharmacy to
provide skilled nursing services and at least one other therapeutic or
supportive service to patients/clients in their place of residence.
B. "Authorized employee" means any employee of a
home care service organization, who in the course of their duties, is licensed
by their appropriate board to administer dangerous drugs.
[08-06-94;
16.19.19.7 NMAC - Rn, 16 NMAC 19.19.7, 03-30-02]
16.19.19.8 HOME CARE SERVICES:
A. The New Mexico Board of Pharmacy acknowledges the
establishment of home care services outside the institutional setting. In order
to protect the people who utilize such services, laws, regulations and
safeguards pertaining to drugs must be observed.
B. The dangerous drugs acquired, maintained, and
administered by the Home Care Services shall be listed in the agency policy and
procedure manual and approved by the Board of Pharmacy. The following is an
approved list of dangerous drugs:
(1) Sterile Normal Saline and water -
injectable
(2) Sterile Normal Saline and water -
irrigation
(3) Acetic Acid -- irrigation
(4) Heparin flush solution
(5) Tuberculin testing solution
(6) Hepatitis B vaccine
(7) Flu vaccine
(8) Topical anesthetic
(9) Diphenhydramine injectable
(10) Epinephrine injectable
C. Any additional dangerous drugs must be defined and listed
in the policy and procedure manual and must be approved by the Board.
[08-06-94;
16.19.19.8 NMAC - Rn, 16 NMAC 19.19.7.2, 03-30-02]
16.19.19.9 DRUG STORAGE:
A. There shall be adequate space for the proper storage of
drugs provided with proper ventilation, lighting, temperature controls and
refrigeration.
B. Dangerous drugs must be stored in a special locked space
which provides adequate security.
C. Purchase, storage and control of drugs shall be designed
to prevent having outdated, deteriorated or impure drugs in the facility.
D. Access to the drug storage area shall be limited to
authorized employees.
E. Dangerous drugs shall be stored at the Home Care
Service's licensed location except that small quantities of dangerous drugs,
not to exceed the quantity necessary to meet the needs for a 96 hour period,
may be possessed and transported, to other locations by authorized employees of
the Home Care Service.
(1) The quantities of dangerous drugs allowed
to be in the possession of authorized employees for administration will be
included in the Home Care Service's policy and procedure manual and requests
for change must be approved by the Board.
(2) A list of authorized employees shall be
made available at the request of the Board or its' staff.
(3) A record of all dangerous drugs issued to
authorized employees will be kept for a period of three years and will include
the following:
(a) Date issued;
(b)
Name of authorized employee;
(c) Name and strength of dangerous drugs
issued;
(d) Quantity of dangerous drug issued.
F. A record listing the following information shall be kept
to account for the administration of all dangerous drugs.
(1) Date of administration;
(2) Name of patient;
(3) Name of dangerous drug;
(4) Dose or amount administered;
(5) Name of practitioner ordering
administration;
(6) Name of licensed person administering
dangerous drug.
G. Home Care services are required to have a consultant
pharmacist who shall visit the service on no less than a quarterly basis.
H. In order to purchase and store any controlled substances,
the services must obtain a separate state controlled substance registration and
DEA controlled substance registration. These registrations are to be issued
under the name of the facility and physician.
[08-06-94;
16.19.19.9 NMAC - Rn, 16 NMAC 19.19.7.5, 03-30-02]
HISTORY
OF 16.19.19 NMAC:
Pre-NMAC
History: The material in this part was
derived from that previously filed with the State Records Center and Archives:
Regulation
No. 19, Home Care Services, 7-6-94.
History
of Repealed Material: [RESERVED]
Other
History: 16 NMAC 19.19, Pharmacists -
Home Care Services, filed 02-02-96, reformatted and renumbered to 16.19.19
NMAC, Home Care Services, effective 03-30-2002.