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AN ACT

RELATING TO CONTROLLED SUBSTANCES; INCLUDING PSEUDOEPHEDRINE

AS A CONTROLLED SUBSTANCE; ALLOWING ONLY LICENSED PHARMACISTS,

INTERNS OR TECHNICIANS TO SELL PSEUDOEPHEDRINE; PROVIDING

LIMITATIONS ON THE PURCHASE OF PSEUDOEPHEDRINE.

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

Section 1. Section 30-31-3 NMSA 1978 (being Laws 1972,

Chapter 84, Section 3, as amended) is amended to read:

"30-31-3. DUTY TO ADMINISTER.--

A. The board shall administer the Controlled

Substances Act and may add by regulation substances to the

list of substances enumerated in Schedules I through IV

pursuant to the procedures of the Uniform Licensing Act. In

determining whether a substance has the potential for abuse,

the board shall consider the following:

(1) the actual or relative abuse of the

substance;

(2) the scientific evidence of the

pharmacological effect of the substance, if known;

(3) the state of current scientific

knowledge regarding the substance;

(4) the history and current pattern of

abuse;

(5) the scope, duration and significance of

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abuse;

(6) the risk to the public health; and

(7) the potential of the substance to

produce psychic or physiological dependence liability.

B. After considering the factors enumerated in

Subsection A of this section, the board shall make findings

and issue regulations controlling the substance if it finds

the substance has a potential for abuse.

C. If any substance is designated as a controlled

substance under federal law and notice is given to the board,

the board may, by regulation, similarly control the substance

under the Controlled Substances Act after providing for a

hearing pursuant to the Uniform Licensing Act.

D. Authority to control under this section does

not extend to distilled spirits, wine, malt beverages, tobacco

or pesticides as defined in the Pesticide Control Act.

Section 2. Section 30-31-10 NMSA 1978 (being Laws 1972,

Chapter 84, Section 10) is amended to read:

"30-31-10. SCHEDULE V.--

A. The following controlled substances are

included in Schedule V:

(1) any compound, mixture or preparation

that contains the following limited quantities of any of the

following narcotic drugs, and that also contains one or more

nonnarcotic active medicinal ingredients in sufficient

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proportion to confer upon the compound, mixture or preparation

valuable medicinal qualities other than those possessed by the

narcotic drug alone:

(a) not more than two hundred

milligrams of codeine, or any of its salts, per one hundred

milliliters or per one hundred grams;

(b) not more than one hundred

milligrams of dihydrocodeine, or any of its salts, per one

hundred milliliters or per one hundred grams;

(c) not more than one hundred

milligrams of ethylmorphine, or any of its salts, per one

hundred milliliters or per one hundred grams;

(d) not more than two and five-tenths

milligrams of diphenoxylate and not less than twenty-five

micrograms of atropine sulfate per dosage unit; or

(e) not more than one hundred

milligrams of opium per one hundred milliliters or per one

hundred grams; and

(2) any compound, mixture or preparation

that contains any detectable quantity of pseudoephedrine, its

salts or its optical isomers, or salts of its optical isomers.

A compound, mixture or preparation as specified in this

paragraph shall be dispensed, sold or distributed only by a

licensed pharmacist or pharmacist intern or a registered

pharmacy technician. Unless pursuant to a valid prescription,

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a person purchasing, receiving or otherwise acquiring the

compound, mixture or preparation shall:

(a) produce a driver's license or other

government-issued photo identification showing the date of

birth of the person;

(b) sign a written log, receipt or other

program or mechanism indicating the date of the transaction,

name of the person, driver's license number or government-

issued identification number, name of the pharmacist,

pharmacist intern or pharmacy technician conducting the

transaction, the product sold and the total quantity, in grams

or milligrams, of pseudoephedrine purchased; and

(c) be limited to no more than nine grams of

any product, mixture or preparation within a thirty-day

period.

B. The board may by regulation exempt any

compound, mixture or preparation containing any depressant or

stimulant substance enumerated in Schedules III, IV or V from

the application of the Controlled Substances Act if:

(1) the compound, mixture or preparation

contains one or more active medicinal ingredients not having a

depressant or stimulant effect on the central nervous system;

and

(2) such ingredients are included in such

combinations, quantity, proportion or concentration as to

vitiate the potential for abuse of the substances which do

have a depressant or stimulant effect on the nervous system.

C. The board may, by rule, exempt a product

containing pseudoephedrine from Schedule V if the board

determines that the product is formulated as to effectively

prevent the conversion of pseudoephedrine into

methamphetamine.

D. The board shall monitor prices charged for

compounds, mixtures and preparations that contain

pseudoephedrine and may adopt rules to prevent unwarranted

price increases as a result of compliance with this section."

Section 3. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2006. HB 211

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