HB0299

HOUSE BILL 299

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Jenifer Jones and Cathrynn N. Brown and Eleanor Chávez and Elizabeth "Liz" Thomson

AN ACT

RELATING TO PHARMACIES; AMENDING THE PHARMACY ACT TO PROVIDE FOR CUSTODIAL FACILITIES ACQUIRING AND POSSESSING CONTROLLED SUBSTANCES FOR WITHDRAWAL MANAGEMENT.

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

SECTION 1. A new section of the Pharmacy Act is enacted to read:

"[NEW MATERIAL] CUSTODIAL CARE FACILITIES--ACQUIRING AND POSSESSING CONTROLLED SUBSTANCES.--

A. A licensed custodial care facility that is authorized to provide medically monitored withdrawal management and has nursing staff on-site twenty-four hours a day, three hundred sixty-five days per year, may acquire, stock, maintain and have in the facility's possession dangerous drugs, including controlled substances to be used for withdrawal management purposes.

B. As used in this section:

(1) "controlled substance" means a drug, substance or immediate precursor enumerated in Schedules I through V of the Controlled Substances Act;

(2) "dangerous drug" means a drug that is required by an applicable federal or state law or rule to be dispensed pursuant to a prescription, that is restricted to use by licensed practitioners or that is required by federal law to be labeled with any of the following statements prior to being dispensed or delivered:

(a) "Caution: federal law prohibits dispensing without prescription.";

(b) "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian."; or

(3) "licensed custodial care facility" means any facility or business, including a nonprofit entity that provides care and services on a continuing basis, for two or more in-house residents, not related to the operator, and that maintains custody of the residents' drugs."

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