HOUSE BILL 150

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Peter Wirth

AN ACT

RELATING TO PHARMACY; REQUIRING THAT THE RETAIL PRICE OF A PRESCRIPTION DRUG BE MADE AVAILABLE UPON REQUEST.

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

     Section 1. Section 61-11-15 NMSA 1978 (being Laws 1969, Chapter 29, Section 14, as amended) is amended to read:

     "61-11-15. PHARMACIES--SALE OF DRUGS--SUPERVISION REQUIREMENTS.--

          A. No owner of a pharmacy shall:

                (1) fail to place a pharmacist in charge;

                (2) intentionally or fraudulently adulterate or cause to be adulterated or misbrand or cause to be misbranded any drugs compounded, sold or offered for sale in the pharmacy;

                (3) by himself or through any other person, permit the compounding of prescriptions or the selling of dangerous drugs in [his] the owner's place of business except by a pharmacist, pharmacist intern or pharmacy technician;

                (4) by himself or through any other person, sell, offer for sale, compound or dispense dangerous drugs without being a pharmacist, pharmacist intern or pharmacy technician; provided that veterinary drugs bearing the legend: "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian" may be sold, offered for sale or distributed by persons holding a license issued pursuant to Subsection B of Section 61-11-14 NMSA 1978; [or]

                (5) operate a pharmacy without the appropriate license; or

                (6) fail to provide the current retail price, by phone, electronic device or otherwise, charged for a prescription drug in any dosage or quantity to a person requesting this information.

          B. Whenever an applicable law or rule [or regulation] requires or prohibits action by a pharmacy, responsibility for the violation shall be that of the owner and the pharmacist in charge.

          C. As used in this section, "current retail price" means the cash price for a prescription drug charged to a person who has no prescription drug coverage."

- 2 -