SENATE BILL 40

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Dede Feldman

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AN ACT

RELATING TO PRESCRIPTION DRUGS; PROVIDING FOR PRESCRIPTION DRUG DONATION; AMENDING A SECTION OF THE PHARMACY ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 61-11-22 NMSA 1978 (being Laws 1969, Chapter 29, Section 21, as amended) is amended to read:

     "61-11-22. EXEMPTIONS FROM ACT.--

          A. The Pharmacy Act does not apply to licensed practitioners in this state in supplying to their patients any drug if the licensed practitioner is practicing [his] the licensed practioner's profession and does not keep a pharmacy, advertised or otherwise, for the retailing of dangerous drugs.

          B. The Pharmacy Act does not prevent:

                (1) the personal administration of drugs carried by a licensed practitioner in order to supply the immediate needs of [his] the licensed practitioner's patients; [or]

                (2) the sale of nonnarcotic proprietary preparations; or

                (3) the supplying of donated prescription drugs to an individual patient; provided, however, that the patient is apprised of the source of donated drugs and consents to receiving them."

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