HOUSE BILL 601

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

INTRODUCED BY

John A. Heaton

AN ACT

RELATING TO THE IMPORTATION OF DRUGS; ALLOWING THE IMPORTATION OF CERTAIN DRUGS.

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

     Section 1. A new section of the New Mexico Drug, Device and Cosmetic Act is enacted to read:

     "[NEW MATERIAL] IMPORTED DRUGS--COMPLIANCE WITH FEDERAL LAW--CHAIN OF CUSTODY.--

          A. A person may reimport prescription drugs from a wholesale distributor in Canada for retail sale, provided that the following conditions are met:

                (1) the drug was originally manufactured in the United States, and a continuous chain of custody for the drug can be demonstrated;

                (2) the drug has been approved by the federal food and drug administration as safe; and

                (3) any savings achieved as a result of the foreign purchase shall be passed on to the patient for whom the drug has been prescribed.

          B. For the purposes of this section:

                (1) "chain of custody" means written or electronic evidence of custody for a medication from the manufacturer in the United States to a manufacturer or wholesale distributor in Canada; and

                (2) "wholesale distributor" means a person engaged in the wholesale distribution of prescription drugs, including manufacturers, repackagers, own-label distributors, private-label distributors, jobbers, brokers, manufacturer's warehouses, distributor's warehouses, chain drug warehouses, wholesale drug warehouses, independent wholesale drug traders and retail pharmacies that conduct wholesale distribution."

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