TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 19 PHARMACISTS
PART 32 WAIVER PROVISIONS
16.19.32.1 ISSUING AGENCY: Regulation
and Licensing Department - Board of Pharmacy.
[16.19.32.1 NMAC -
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16.19.32.2 SCOPE: Any
person or business pursuant to 26-1-17 of the New Mexico Drug, Device and
Cosmetic Act, 30-31-12(A), (B) of the Controlled Substance Act, and 61-11-9,
61-11-11, 61-11-11.1, 61-11-14(A), (B) of the Pharmacy Act.
[16.19.32.2 NMAC -
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16.19.32.3 STATUTORY AUTHORITY: Section
26-1-18(A) NMSA 1978 authorizes the board to promulgate regulations for the
efficient enforcement of the New Mexico Drug, Device and Cosmetic Act (26-1-1
NMSA 1978). The board shall conform the
regulations promulgated under the New Mexico Drug, Device and Cosmetic Act,
insofar as practical, with regulations promulgated under the federal act as
defined in Section 26-1-2 NMSA 1978.
Section 30-31-11 NMSA 1978 authorizes the board to promulgate
regulations and charge reasonable fees relating to the registration and control
of the manufacture, distribution and dispensing of controlled substances. Section 61-11-6(A)(1) 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. Section 61-11B-3 NMSA 1978 authorizes the
board to adopt regulations to carry out the provisions of the Pharmacist
Prescriptive Authority Act. Section
30-31B-6 NMSA 1978 authorizes the board to promulgate regulations and charge
reasonable fees relating to the licensing and control of the manufacture,
possession, transfer and transportation of drug precursors.
[16.19.32.3 NMAC -
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16.19.32.4 DURATION: Permanent
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16.19.32.5 EFFECTIVE DATE: April
30, 2007, unless a later date is cited in the history note at the end of a
section.
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16.19.32.6 OBJECTIVE: This
regulation established guidelines to waive provisions of the New Mexico board
of pharmacy regulations as authorized by law.
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16.19.32.7 DEFINITIONS: “Waive/waivers”
means to refrain from pressing or enforcing compliance with certain regulations
for the specified period of time provided the health, safety, or welfare of
patients and staff are not in danger.
Waivers are issued at the sole discretion of the New Mexico board of
pharmacy.
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16.19.32.8 PROVISIONS FOR ENTITY SEEKING TO
OBTAIN A WAIVER:
A. Petition
for a waiver must be submitted to the board of pharmacy. Waivers granted by the board are limited to
use by the party and business specified in the waiver document and other
limitations set forth. Such petitions
shall include:
(1) name of party;
(2)
address of the business;
(3) type of business;
(4) reason for waiver request, including each
affected New Mexico administrative code citation;
(5) supporting documents;
(6) the expected public benefit as a result of
the waiver, and;
(7) other information requested by the board
as deemed necessary.
B. Any licensed facility granted a waiver must publicly
display the “waiver” in proximity to the facility’s current registration.
C. Waivers granted:
the board shall include in any waiver granted:
(1) date granted;
(2) name and license number of person or
facility;
(3)
type of license;
(4) specific regulation(s) waived;
(5) duration of the waiver; and
(6) any alternative requirements imposed by
the board.
D. All waivers will be subject to review and
reconsideration.
[16.19.32.8 NMAC -
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History of 16.19.32 NMAC:
[RESERVED]