SB0159JUS

SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 159

50th legislature - STATE OF NEW MEXICO - second session, 2012

AN ACT

RELATING TO HEALTH CARE; MANDATING PROCEDURES RELATING TO THE PRESCRIBING AND DISPENSING OF CERTAIN PRESCRIPTIONS FOR OPIOID MEDICATIONS; CREATING AN OPIOID MEDICATION PRESCRIBING LIMITS COUNCIL; AMENDING SECTIONS OF CHAPTER 61 NMSA 1978 TO REQUIRE ADOPTION OF RULES RELATED TO OPIOID MEDICATION PRESCRIBING AND REFILL LIMITS; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAWS IN LAWS 2003.

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] OPIOID MEDICATION--DOCUMENTED, INFORMED CONSENT REQUIRED--PATIENT EDUCATION--PRESCRIBING AND DISPENSING PROCEDURES.--

A. Before issuing a prescription for any opioid medication for the first time to a patient, a practitioner shall obtain documented, informed consent from:

(1) the patient for whom the practitioner wishes to prescribe the opioid medication, if the patient is an adult;

(2) the patient's parent, guardian or legal representative, if the patient is a minor;

(3) the patient's guardian or legal representative, if the patient is an adult who has been judged to be incompetent to provide informed consent; or

(4) the patient's surrogate appointed pursuant to Section 24-7A-5 NMSA 1978.

B. In the process of obtaining documented, informed consent pursuant to Subsection A of this section, a practitioner shall discuss with the patient or the patient's parent, legal guardian or legal representative the risks and benefits of using opioid medication and shall ensure that the patient or the patient's parent, legal guardian or legal representative is provided with written materials containing current, factual information on the risks associated with using opioids and on the safe use of opioids.

C. A practitioner is not required to obtain documented, informed consent from a patient if the practitioner writes a prescription for an opioid medication that the practitioner has previously prescribed to that patient.

D. Notwithstanding any other provision of law, consent and counseling are not required pursuant to Subsections A through C of this section when health care decisions are made pursuant to the provisions of Sections 24-10-1 through 24-10-4 NMSA 1978.

E. When a patient who is a minor seeks to fill or refill a prescription for an opioid medication by presenting the prescription to a dispenser, or when that patient seeks to obtain a filled opioid medication prescription from a dispenser, the minor patient shall be accompanied by the patient's parent, guardian or legal representative.

F. A practitioner shall retain a copy of the documented, informed consent obtained pursuant to Subsection A of this section for a period of time that the board shall designate by rule.

G. A practitioner who treats a non-cancer patient with a Schedule II or Schedule III opioid medication for a period greater than thirty days shall review a board prescription drug monitoring report for that patient as defined by the licensing board with authority over the practitioner. The practitioner's licensing board operating pursuant to Chapter 61 NMSA 1978 shall enforce the provisions of this subsection.

H. The provisions of this section shall not apply to any procedure or treatment for a minor that does not require parental consent.

I. Violations of the provisions of this section shall be referred to the violating practitioner's licensing board and shall not be subject to the penalties provided pursuant to Section 26-1-26 NMSA 1978.

J. The provisions of this section shall not apply to a practitioner who is a veterinarian.

K. For the purposes of this section:

(1) "adult" means an individual who is:

(a) over eighteen years of age; or

(b) under eighteen years of age and emancipated;

(2) "dispenser" means a person who delivers an opioid medication to the opioid medication's ultimate user, but "dispenser" does not mean:

(a) a licensed hospital pharmacy that distributes opioid medications for the purpose of inpatient hospital care;

(b) a practitioner or other authorized person who directly administers an opioid medication to a patient;

(c) a wholesale distributor of a Schedule II, III, IV or V controlled substance included in the Controlled Substance Act; or

(d) a health facility that the department of health licenses as a clinic, urgent care or emergency facility that dispenses no more than four dosage units to an individual patient within a twenty-four-hour period;

(3) "emancipated" means the status of being between sixteen years of age and eighteen years of age and:

(a) married;

(b) on active duty in the armed forces; or

(4) "minor" means an individual under the age of eighteen who is not emancipated;

(5) "opioid medication" means a substance that:

(a) binds to and stimulates the opioid receptors on the surface of the cell;

(b) is specifically indicated to treat acute pain, chronic pain or cancer pain, cough suppression or diarrhea, or for opioid replacement therapy or hospice care;

(d) is a Schedule II, III, IV or V controlled substance included in the Controlled Substances Act;

(6) "prescription drug monitoring report" means a report generated by the prescription drug monitoring program operated by the board;

(7) "Schedule II opioid medication" means an opioid medication listed in Schedule II of the Controlled Substances Act; and

(8) "Schedule III opioid medication" means an opioid medication that is listed in Schedule III of the Controlled Substances Act."

SECTION 2. A new section of the New Mexico Drug, Device and Cosmetic Act is enacted to read:

"[NEW MATERIAL] OPIOID MEDICATION PRESCRIBING LIMITS COUNCIL--MEMBERSHIP--DUTIES.--

A. The "opioid medication prescribing limits council" is created for the purpose of developing opioid medication prescribing and refill limits for health care providers in order to reduce the misuse of prescription opioid medication.

B. The council consists of at least eighteen members, all of whom shall be appointed by the secretary of health. The membership of the council shall include:

(1) the secretary of health or the secretary's designee;

(2) a representative of each of the following entities:

(a) the New Mexico medical board;

(b) the board of nursing;

(d) the board of osteopathic medical examiners;

(e) the board of optometry;

(f) the board of podiatry;

(g) the New Mexico board of dental health care;

(h) a statewide medical association;

(i) a statewide association of nurse practitioners;

(j) a statewide association of pharmacists;

(k) a statewide association of osteopathic physicians;

(l) a statewide association of optometrists;

(m) a statewide association of podiatrists; and

(n) a statewide association of dentists;

(3) a pain management specialist; and

(4) two patient advocates.

C. The secretary of health or the secretary's designee shall chair the council.

D. The council shall meet regularly at the call of the chair.

E. By September 1, 2012, the council shall develop recommendations on prescribing and refill limits for opioid medications that are consistent for all seven licensing boards represented on the council. The recommendations on prescribing and refill limits shall be more stringent than those promulgated by the federal drug enforcement administration and no less stringent than those of the New Mexico medical board.

F. The council shall terminate on December 31, 2012.

G. For the purposes of this section, "opioid medication" means a substance that:

(1) binds to and stimulates the opioid receptors on the surface of the cell;

(2) is specifically indicated to treat acute pain, chronic pain or cancer pain, cough suppression or diarrhea or for opioid replacement therapy or hospice care;

(3) is a dangerous drug; and

(4) is a Schedule II, III, IV or V controlled substance included in the Controlled Substances Act."

SECTION 3. Section 61-2-6 NMSA 1978 (being Laws 1973, Chapter 353, Section 5, as amended) is amended to read:

"61-2-6. ORGANIZATION--MEETINGS--COMPENSATION--POWERS AND DUTIES.--

A. The board shall annually elect a [chairman] chair, a vice [chairman] chair and a secretary-treasurer; each shall serve until [his] a successor is elected and qualified.

B. The board shall meet at least annually for the purpose of examining candidates for licensure. Special meetings may be called by the [chairman] chair and shall be called upon the written request of a majority of the board members. A majority of the board members currently serving constitutes a quorum.

C. Members of the board may be reimbursed as provided in the Per Diem and Mileage Act but shall receive no other compensation, perquisite or allowance.

D. The board shall:

(1) administer and enforce the provisions of the Optometry Act;

(2) adopt, publish and file, in accordance with the Uniform Licensing Act and the State Rules Act, all rules [and regulations] for the implementation and enforcement of the provisions of the Optometry Act;

(3) adopt and use a seal;

(4) administer oaths and take testimony on matters within the board's jurisdiction;

(5) keep an accurate record of meetings, receipts and disbursements;

(6) keep a record of examinations held, together with the names and addresses of persons taking the examinations and the examination results. Within thirty days after an examination, the board shall give written notice to each applicant examined of the results of the examination as to the respective applicant;

(7) certify as passing each applicant who obtains a grade of at least seventy-five percent on each subject upon which [he] the applicant is examined; [providing] provided that an applicant failing may apply for re-examination at the next scheduled examination date;

(8) keep a book of registration in which the name, address and license number of licensees shall be recorded, together with a record of license renewals, suspensions and revocations;

(9) grant, deny, renew, suspend or revoke licenses to practice optometry in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Optometry Act;

(10) develop and administer qualifications for certification for the use of topical ocular pharmaceutical agents and oral pharmaceutical agents as authorized in Section 61-2-10.2 NMSA 1978, including minimum educational requirements and examination, as required by Section 61-2-10 NMSA 1978 and provide the board of pharmacy with an annual list of optometrists certified to use topical ocular pharmaceutical agents and oral pharmaceutical agents as authorized in Section 61-2-10.2 NMSA 1978; and

(11) provide for the suspension of an optometrist's license for sixty days upon a determination of use of pharmaceutical agents without prior certification in accordance with Section 61-2-10 NMSA 1978, after proper notice and an opportunity to be heard before the board.

E. By December 1, 2012, the board shall adopt rules relating to the prescribing and refilling of prescriptions of opioid medications that are consistent with the recommendations that the opioid medication prescribing limits council has made pursuant to Section 2 of this 2012 act. As used in this subsection, "opioid medication" means a substance that:

(1) binds to and stimulates the opioid receptors on the surface of the cell;

(2) is specifically indicated to treat acute pain, chronic pain or cancer pain, cough suppression or diarrhea or for opioid replacement therapy or hospice care;

(3) is a dangerous drug; and

(4) is a Schedule II, III, IV or V controlled substance included in the Controlled Substances Act."

SECTION 4. Section 61-3-10 NMSA 1978 (being Laws 1968, Chapter 44, Section 7, as amended by Laws 2003, Chapter 276, Section 4 and by Laws 2003, Chapter 307, Section 7) is amended to read:

"61-3-10. POWERS--DUTIES.--

A. The board:

[A.] (1) shall adopt and revise such rules [and regulations] as may be necessary to enable it to carry into effect the provisions of the Nursing Practice Act and to maintain high standards of practice;

[B.] (2) shall prescribe standards and approve curricula for educational programs preparing persons for licensure under the Nursing Practice Act;

[C.] (3) shall provide for surveys of educational programs preparing persons for licensure under the Nursing Practice Act;

[D.] (4) shall grant, deny or withdraw approval from educational programs for failure to meet prescribed standards, if a majority of the board concurs in the decision;

[E.] (5) shall provide for the examination, licensing and renewal of licenses of applicants;

[F.] (6) shall conduct hearings upon charges relating to discipline of a licensee or nurse not licensed to practice in New Mexico who is permitted to practice professional registered nursing or licensed practical nursing in New Mexico pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact or the denial, suspension or revocation of a license in accordance with the procedures of the Uniform Licensing Act;

[G.] (7) shall cause the prosecution of all persons, including firms, associations, institutions and corporations, violating the Nursing Practice Act and have the power to incur such expense as is necessary therefor;

[H.] (8) shall keep a record of all proceedings;

[I.] (9) shall make an annual report to the governor;

[J.] (10) shall appoint and employ a qualified registered nurse, who shall not be a member of the board, to serve as executive officer to the board, who shall define the duties and responsibilities of the executive officer, except that the power to grant, deny or withdraw approval for schools of nursing or to revoke, suspend or withhold any license authorized by the Nursing Practice Act shall not be delegated by the board;

[K.] (11) shall provide for such qualified assistants as may be necessary to carry out the provisions of the Nursing Practice Act. Such employees shall be paid a salary commensurate with their duties;

[L.] (12) shall, for the purpose of protecting the health and well-being of the [citizens] residents of New Mexico and promoting current nursing knowledge and practice, adopt rules [and regulations] establishing continuing education requirements as a condition of license renewal and shall study methods of monitoring continuing competence;

[M.] (13) may appoint advisory committees consisting of at least one member who is a board member and at least two members expert in the pertinent field of health care to assist it in the performance of its duties. Committee members may be reimbursed as provided in the Per Diem and Mileage Act;

[N.] (14) may adopt and revise rules [and regulations] designed to maintain an inactive status listing for registered nurses and licensed practical nurses;

[O.] (15) may adopt rules and regulations to regulate the advanced practice of professional registered nursing and expanded practice of licensed practical nursing;

[P.] (16) shall license qualified certified nurse practitioners, certified registered nurse anesthetists and clinical nurse specialists;

[Q.] (17) shall register nurses not licensed to practice in New Mexico who are permitted to practice professional registered nursing or licensed practical nursing in New Mexico pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact; and

[R.] (18) shall adopt rules [and regulations] establishing standards for authorizing prescriptive authority to certified nurse practitioners, clinical nurse specialists and certified registered nurse anesthetists.

B. By December 1, 2012, the board shall adopt rules relating to the prescribing and refilling of prescriptions of opioid medications that are consistent with the recommendations that the opioid medication prescribing limits council has made pursuant to Section 2 of this 2012 act. As used in this subsection, "opioid medication" means a substance that:

(1) binds to and stimulates the opioid receptors on the surface of the cell;

(2) is specifically indicated to treat acute pain, chronic pain or cancer pain, cough suppression or diarrhea or for opioid replacement therapy or hospice care;

(3) is a dangerous drug; and

(4) is a Schedule II, III, IV or V controlled substance included in the Controlled Substances Act."

SECTION 5. Section 61-5A-10 NMSA 1978 (being Laws 1994, Chapter 55, Section 10, as amended) is amended to read:

"61-5A-10. POWERS AND DUTIES OF THE BOARD AND COMMITTEE.--

A. In addition to any other authority provided by law, the board and the committee, when designated, shall:

[A.] (1) enforce and administer the provisions of the Dental Health Care Act;

[B.] (2) adopt, publish, file and revise, in accordance with the Uniform Licensing Act and the State Rules Act, all rules as may be necessary to:

[(1)] (a) regulate the examination and licensure of dentists and, through the committee, regulate the examination and licensure of dental hygienists;

[(2)] (b) provide for the examination and certification of dental assistants by the board;

[(3)] (c) provide for the regulation of dental technicians by the board;

[(4)] (d) regulate the practice of dentistry and dental assisting and, through the committee, regulate the practice of dental hygiene; and

[(5)] (e) provide for the regulation and licensure of non-dentist owners by the board;

[C.] (3) adopt and use a seal;

[D.] (4) administer oaths to all applicants, witnesses and others appearing before the board or the committee, as appropriate;

[E.] (5) keep an accurate record of all meetings, receipts and disbursements;

[F.] (6) grant, deny, review, suspend and revoke licenses and certificates to practice dentistry, dental assisting and, through the committee, dental hygiene and censure, reprimand, fine and place on probation and stipulation dentists, dental assistants and, through the committee, dental hygienists, in accordance with the Uniform Licensing Act for any cause stated in the Dental Health Care Act;

[G.] (7) grant, deny, review, suspend and revoke licenses to own dental practices and censure, reprimand, fine and place on probation and stipulation non-dentist owners, in accordance with the Uniform Licensing Act, for any cause stated in the Dental Health Care Act;

[H.] (8) maintain records of the name, address, license number and such other demographic data as may serve the needs of the board of licensees, together with a record of license renewals, suspensions, revocations, probations, stipulations, censures, reprimands and fines. The board shall make available composite reports of demographic data but shall limit public access to information regarding individuals to their names, addresses, license numbers and license actions or as required by statute;

[I.] (9) hire and contract for services from persons as necessary to carry out the board's duties;

[J.] (10) establish ad hoc committees whose members shall be appointed by the chair of the board with the advice and consent of the board or committee and shall include at least one member of the board or committee as it deems necessary for carrying on its business;

[K.] (11) have the authority to pay per diem and mileage to individuals who are appointed by the board or the committee to serve on ad hoc committees;

[L.] (12) have the authority to hire or contract with investigators to investigate possible violations of the Dental Health Care Act;

[M.] (13) have the authority to issue investigative subpoenas prior to the issuance of a notice of contemplated action for the purpose of investigating complaints against dentists, dental assistants and, through the committee, dental hygienists licensed under the Dental Health Care Act;

[N.] (14) have the authority to sue or be sued and to retain the services of an attorney at law for counsel and representation regarding the carrying out of the board's duties;

[O.] (15) have the authority to create and maintain a formulary, in consultation with the board of pharmacy, of medications that a dental hygienist may prescribe, administer or dispense in accordance with rules the board has promulgated; and

[P.] (16) establish continuing education or continued competency requirements for dentists, certified dental assistants in expanded functions, dental technicians and, through the committee, dental hygienists.

(1) binds to and stimulates the opioid receptors on the surface of the cell;

(2) is specifically indicated to treat acute pain, chronic pain or cancer pain, cough suppression or diarrhea or for opioid replacement therapy or hospice care;

(3) is a dangerous drug; and

(4) is a Schedule II, III, IV or V controlled substance included in the Controlled Substances Act."

SECTION 6. Section 61-6-5 NMSA 1978 (being Laws 1973, Chapter 361, Section 2, as amended) is amended to read:

"61-6-5. DUTIES AND POWERS.--

A. The board shall:

[A.] (1) enforce and administer the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Impaired Health Care Provider Act, the Polysomnography Practice Act and the Naprapathic Practice Act;

[B.] (2) adopt, publish and file, in accordance with the Uniform Licensing Act and the State Rules Act, all rules for the implementation and enforcement of the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Impaired Health Care Provider Act, the Polysomnography Practice Act and the Naprapathic Practice Act;

[C.] (3) adopt and use a seal;

[D.] (4) administer oaths to all applicants, witnesses and others appearing before the board, as appropriate;

[E.] (5) take testimony on matters within the board's jurisdiction;

[F.] (6) keep an accurate record of all its meetings, receipts and disbursements;

[G.] (7) maintain records in which the name, address and license number of all licensees shall be recorded, together with a record of all license renewals, suspensions, revocations, probations, stipulations, censures, reprimands and fines;

[H.] (8) grant, deny, review, suspend and revoke licenses to practice medicine and censure, reprimand, fine and place on probation and stipulation licensees and applicants in accordance with the Uniform Licensing Act for any cause stated in the Medical Practice Act, the Impaired Health Care Provider Act and the Naprapathic Practice Act;

[I.] (9) hire staff and administrators as necessary to carry out the provisions of the Medical Practice Act;

[J.] (10) have the authority to hire or contract with investigators to investigate possible violations of the Medical Practice Act;

[K.] (11) have the authority to hire a competent attorney to give advice and counsel in regard to any matter connected with the duties of the board, to represent the board in any legal proceedings and to aid in the enforcement of the laws in relation to the medical profession and to fix the compensation to be paid to such attorney; provided, however, that such attorney shall be compensated from the funds of the board;

[L.] (12) establish continuing medical education requirements for licensed physicians and continuing education requirements for physician assistants;

[M.] (13) establish committees as it deems necessary for carrying on its business;

[N.] (14) hire or contract with a licensed physician to serve as medical director and fulfill specified duties of the secretary-treasurer;

[O.] (15) establish and maintain rules related to the management of pain based on review of national standards for pain management; and

[P.] (16) have the authority to waive licensure fees for the purpose of medical doctor recruitment and retention.

(1) binds to and stimulates the opioid receptors on the surface of the cell;

(2) is specifically indicated to treat acute pain, chronic pain or cancer pain, cough suppression or diarrhea or for opioid replacement therapy or hospice care;

(3) is a dangerous drug; and

(4) is a Schedule II, III, IV or V controlled substance included in the Controlled Substances Act."

SECTION 7. Section 61-8-6 NMSA 1978 (being Laws 1977, Chapter 221, Section 6, as amended) is amended to read:

"61-8-6. BOARD ORGANIZATION--MEETINGS--COMPENSATION--POWERS AND DUTIES.--

A. The board shall hold a regular meeting at least annually and shall elect annually a [chairman] chair, vice [chairman] chair and secretary-treasurer from its membership, each of whom shall serve until [his] a successor is selected and qualified.

B. The board shall hold a minimum of one examination for licensure each year in the month of June or July at a place and at a time designated by the board. Notice of the examination shall be given to all applicants at least thirty days prior to the date of the examination.

C. Special meetings may be called by the [chairman] chair and shall be called upon the written request of any three board members. Notice of all meetings shall be made in conformance with the Open Meetings Act.

D. Members of the board may be reimbursed as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance.

E. The board shall:

(1) administer and enforce the provisions of the Podiatry Act;

(2) adopt, publish and file, in accordance with the Uniform Licensing Act and the State Rules Act, all rules for the implementation and enforcement of the provisions of the Podiatry Act;

(3) adopt and use a seal;

(4) conduct hearings, administer oaths and take testimony on [any] matters within the board's jurisdiction;

(5) keep an accurate record of its meetings, receipts and disbursements;

(6) keep a record of licensure examinations held, together with the names and addresses of persons taking the examinations and the examination results. Within forty-five days after [any] an examination, the board shall give written notice to each applicant examined of the results of the examination as to the respective applicant;

(7) certify as passing each applicant who obtains a passing score, as defined by board rule, on examinations administered or approved by the board;

(8) keep records of registration in which the name, address and license number of licensed podiatrists are recorded, together with a record of license renewals, suspensions and revocations;

(9) grant, deny, renew, suspend or revoke licenses to practice podiatry or take other actions provided in Section 61-1-3 NMSA 1978 in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Podiatry Act;

(10) adopt and promulgate rules setting standards of preliminary and professional qualifications for the practice of podiatry;

(11) adopt and promulgate rules and prepare and administer examinations for the licensure and regulation of podiatric assistants as are necessary to protect the public. The rules shall include definitions and limitations on the practice of podiatric assistants, qualifications for applicants for licensure, an initial license fee in an amount not to exceed two hundred fifty dollars ($250) and a renewal fee not to exceed one hundred dollars ($100) per year, provisions for the regulation of podiatric assistants and provisions for the suspension or revocation of licenses;

(12) determine by rule all qualifications and requirements for applicants seeking licensure as podiatrists or podiatric assistants; and

(13) adopt rules and prepare and administer examinations for applicants seeking licensure as foot and ankle radiation technologists.

F. By December 1, 2012, the board shall adopt rules relating to the prescribing and refilling of prescriptions of opioid medications that are consistent with the recommendations that the opioid medication prescribing limits council has made pursuant to Section 2 of this 2012 act. As used in this subsection, "opioid medication" means a substance that:

(1) binds to and stimulates the opioid receptors on the surface of the cell;

(2) is specifically indicated to treat acute pain, chronic pain or cancer pain, cough suppression or diarrhea or for opioid replacement therapy or hospice care;

(3) is a dangerous drug; and

(4) is a Schedule II, III, IV or V controlled substance included in the Controlled Substances Act."

SECTION 8. Section 61-10-5 NMSA 1978 (being Laws 1933, Chapter 117, Section 4, as amended) is amended to read:

"61-10-5. BOARD OF EXAMINERS--APPOINTMENT--TERMS--MEETINGS--MEMBERSHIP--EXAMINATIONS.--

A. There is created the "board of osteopathic medical examiners". The board shall be administratively attached to the regulation and licensing department. The board consists of five members appointed by the governor; three members shall be regularly licensed osteopathic physicians in good standing in New Mexico, who have been so engaged for a period of at least two years immediately prior to their appointment and who are possessed of all the qualifications for applicants for licensure specified in Section 61-10-8 NMSA 1978, and two members shall represent the public. The public members of the board shall not have been licensed as osteopathic physicians, nor shall the public members have any significant financial interest, direct or indirect, in the occupation regulated.

B. Board members' terms shall be for five years. The vacancy of the term of a member shall be filled by appointment by the governor to the unexpired portion of the five-year term. A board member whose term has expired shall serve until [his] a successor is appointed.

C. The board shall meet during the first quarter of the fiscal year and shall elect officers for the ensuing fiscal year. The board may hold other meetings as it deems necessary. A majority of the board constitutes a quorum.

D. The board shall have and use a common seal and is authorized to make and adopt all necessary rules [and regulations] relating to the enforcement of the provisions of Chapter 61, Article 10 NMSA 1978.

E. Examinations shall be made at least twice a year at the time and place fixed by the board. All applicants shall be given written notice of examinations at a reasonable prior date.

F. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance, for each day necessarily spent in the discharge of their duties.

G. A board member failing to attend three consecutive meetings, either regular or special, shall automatically be removed as a member of the board.

H. By December 1, 2012, the board shall adopt rules relating to the prescribing and refilling of prescriptions of opioid medications that are consistent with the recommendations that the opioid medication prescribing limits council has made pursuant to Section 2 of this 2012 act. As used in this subsection, "opioid medication" means a substance that:

(1) binds to and stimulates the opioid receptors on the surface of the cell;

(2) is specifically indicated to treat acute pain, chronic pain or cancer pain, cough suppression or diarrhea or for opioid replacement therapy or hospice care;

(3) is a dangerous drug; and

(4) is a Schedule II, III, IV or V controlled substance included in the Controlled Substances Act."

SECTION 9. Section 61-11-6 NMSA 1978 (being Laws 1969, Chapter 29, Section 5, as amended) is amended to read:

"61-11-6. POWERS AND DUTIES OF BOARD.--

A. The board shall:

(1) adopt, amend or repeal rules [and regulations] necessary to carry out the provisions of the Pharmacy Act in accordance with the provisions of the Uniform Licensing Act;

(2) provide for examinations of applicants for licensure as pharmacists;

(3) provide for the issuance and renewal of licenses for pharmacists;

(4) require and establish criteria for continuing education as a condition of renewal of licensure for pharmacists;

(5) provide for the issuance and renewal of licenses for pharmacist interns and for their training, supervision and discipline;

(6) provide for the licensing of retail pharmacies, nonresident pharmacies, wholesale drug distributors, drug manufacturers, hospital pharmacies, nursing home drug facilities, industrial and public health clinics and all places where dangerous drugs are stored, distributed, dispensed or administered and provide for the inspection of the facilities and activities;

(7) enforce the provisions of all laws of the state pertaining to the practice of pharmacy and the manufacture, production, sale or distribution of drugs or cosmetics and their standards of strength and purity;

(8) conduct hearings upon charges relating to the discipline of a registrant or licensee or the denial, suspension or revocation of a registration or a license in accordance with the Uniform Licensing Act;

(9) cause the prosecution of any person violating the Pharmacy Act, the New Mexico Drug, Device and Cosmetic Act or the Controlled Substances Act;

(10) keep a record of all proceedings of the board;

(11) make an annual report to the governor;

(12) appoint and employ, in the board's discretion, a qualified person who is not a member of the board to serve as executive director and define the executive director's duties and responsibilities; except that the power to deny, revoke or suspend any license or registration authorized by the Pharmacy Act shall not be delegated by the board;

(13) appoint and employ inspectors necessary to enforce the provisions of all acts under the administration of the board, which inspectors shall be pharmacists and have all the powers and duties of peace officers;

(14) provide for other qualified employees necessary to carry out the provisions of the Pharmacy Act;

(15) have the authority to employ a competent attorney to give advice and counsel in regard to any matter connected with the duties of the board, to represent the board in any legal proceedings and to aid in the enforcement of the laws in relation to the pharmacy profession and to fix the compensation to be paid to the attorney; provided, however, that the attorney shall be compensated from the money of the board, including that provided for in Section 61-11-19 NMSA 1978;

(16) register and regulate qualifications, training and permissible activities of pharmacy technicians;

(17) provide a registry of all persons licensed as pharmacists or pharmacist interns in the state;

(18) adopt rules [and regulations] that prescribe the activities and duties of pharmacy owners and pharmacists in the provision of pharmaceutical care, emergency prescription dispensing, drug regimen review and patient counseling in each practice setting;

(19) adopt, after approval by the New Mexico medical board [of medical examiners] and the board of nursing, rules and protocols for the prescribing of dangerous drug therapy, including vaccines and immunizations, and the appropriate notification of the primary or appropriate physician of the person receiving the dangerous drug therapy; and

(20) have the authority to authorize emergency prescription dispensing.

B. The board may:

(1) delegate its authority to the executive director to issue temporary licenses as provided in Section

61-11-14 NMSA 1978;

(2) provide by regulation for the electronic transmission of prescriptions; and

(3) delegate its authority to the executive director to authorize emergency prescription dispensing procedures during civil or public health emergencies.

C. By December 1, 2012, the board shall adopt rules relating to the prescribing and refilling of prescriptions of opioid medications that are consistent with the recommendations that the opioid medication prescribing limits council has made pursuant to Section 2 of this 2012 act. As used in this subsection, "opioid medication" means a substance that:

(1) binds to and stimulates the opioid receptors on the surface of the cell;

(2) is specifically indicated to treat acute pain, chronic pain or cancer pain, cough suppression or diarrhea, or for opioid replacement therapy or hospice care;

(3) is a dangerous drug; and

(4) is a Schedule II, III, IV or V controlled substance included in the Controlled Substances Act."

- 32 -