NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Suite 101 of the State Capitol Building North.

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Board of Nursing

Board of Pharmacy

SUMMARY

     Synopsis of SPAC Amendment

The amendment made the following changes to the bill:

• Changed the definition of "practice of pharmacy" to allow the administering or prescribing of dangerous drug therapy. Removed the authority to "modify" dangerous drug therapy.
• A pharmacist may prescribe dangerous drug therapy, including vaccines and immunizations, under rules "and protocols" adopted by the board after "approval by" the New Mexico Board of Medical Examiners and the Board of Nursing.

Synopsis of Original Bill

Senate Bill 353 would allow pharmacists to prescribe a limited class of drugs based on rules adopted by the Board of Pharmacy, in conjunction with the Board of Medical Examiners and the Board of Nursing. The bill would allow pharmacists to administer, prescribe or modify "dangerous drug"therapy, including vaccines and immunizations. The bill would require the reporting of adverse drug events to the Board of Pharmacy as opposed to the currently required reporting of adverse drug reactions. The bill would also provide for licensure of:

• •Drug warehouses



• • Drug research facilities
• •Returned drugs processors

The bill repeals the annual renewal requirement and allows the Board of Pharmacy to adopt an alternate renewal period.

Significant Issues

The amendment removes pharmacists' authority to modify dangerous drug therapy. It requires them to follow rules "and protocols" adopted by the Board of Pharmacy after "approval" rather than just calculation with the New Mexico Board of Medical Examiners and the Board of Nursing.

The bill adds pharmacists to the list of "practitioners" which currently includes physicians, doctors of oriental medicine, dentists, veterinarians, certified nurse practitioners, clinical nurse specialists, certified nurse-midwives or other persons licensed or certified to prescribe and administer drugs that are subject to the New Mexico Drug, Device and Cosmetic Act.

ADMINISTRATIVE IMPLICATIONS

The Board of Pharmacy would be required to receive approval from the Board of Nursing and the Board of Medical Examiners to adopt rules and protocols to implement the provisions of this bill.

MV/ar/njw