0001| HOUSE BILL 712
|
0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
|
0003| 1996
|
0004| INTRODUCED BY
|
0005| JOSE R. ABEYTA
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| AN ACT
|
0012| RELATING TO THE WHOLESALE PURCHASE AND DISTRIBUTION OF PHARMACY
|
0013| DRUGS FROM FOREIGN PERSONS; AMENDING THE PHARMACY ACT; AMENDING
|
0014| CERTAIN SECTIONS OF THE NMSA 1978.
|
0015|
|
0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0017| Section 1. Section 61-11-2 NMSA 1978 (being Laws 1969,
|
0018| Chapter 29, Section 2, as amended) is amended to read:
|
0019| "61-11-2. DEFINITIONS.--As used in the Pharmacy Act:
|
0020| A. "administer" means giving a unit dose of
|
0021| medication to a patient as a result of an order of a licensed
|
0022| practitioner;
|
0023| B. "board" means the board of pharmacy;
|
0024| C. "compound" means taking two or more measured
|
0025| ingredients and fabricating them into a single preparation,
|
0001| usually referred to as a dosage form, except for preparations
|
0002| that involve repetitive tasks that do not require the
|
0003| professional judgment of a licensed pharmacist; provided that
|
0004| such preparations will be defined in regulations adopted by the
|
0005| board;
|
0006| D. "consulting pharmacist" means a pharmacist whose
|
0007| services are engaged on a routine part-time basis by a hospital
|
0008| or other health facility:
|
0009| (1) to assist in drawing up correct procedures,
|
0010| rules and regulations for the distribution of drugs;
|
0011| (2) to assume the overall responsibility for
|
0012| the system of control and distribution of drugs;
|
0013| (3) to see that a designated person has the
|
0014| responsibility of day-to-day operation of the hospital pharmacy
|
0015| or drug room; and
|
0016| (4) to visit the hospital pharmacy or drug room
|
0017| on a regularly scheduled basis in the course of his duties;
|
0018| E. "dangerous drug" means a drug that is determined
|
0019| by law to be unsafe for self-medication and that is enumerated
|
0020| in the New Mexico Drug, Device and Cosmetic Act;
|
0021| F. "dispense" means issuing to a patient or a person
|
0022| acting on his behalf one or more unit doses of medication and
|
0023| may result from compounding or from repackaging from a bulk or
|
0024| original container;
|
0025| G. "drug" means:
|
0001| (1) articles recognized in the United States
|
0002| pharmacopoeia, homeopathic pharmacopoeia or national formulary
|
0003| or any supplement to any of them;
|
0004| (2) articles intended for use in the diagnosis,
|
0005| cure, mitigation, treatment or prevention of diseases in man or
|
0006| animal;
|
0007| (3) articles, other than food, that affect the
|
0008| structure or any function of the body of man or animal; and
|
0009| (4) articles intended for use as a component of
|
0010| Paragraph (1), (2) or (3) of this subsection, but does not
|
0011| include instruments, apparatus or contrivances, including their
|
0012| components, parts or accessories, known as devices, intended for
|
0013| use in the diagnosis, cure, mitigation, treatment or prevention
|
0014| of diseases in man or animal or that affect the structure or any
|
0015| function of the body of man or animal;
|
0016| H. "drug room" means that area provided only for the
|
0017| proper and safe storage, preservation and control of drugs;
|
0018| I. "foreign wholesale drug distributor" means a
|
0019| person:
|
0020| (1) residing, located or principally doing
|
0021| business outside of the United States;
|
0022| (2) not licensed in this state as a wholesale
|
0023| drug distributor; and
|
0024| (3) engaged in the wholesale distribution of
|
0025| prescription drugs, including manufacturers, repackers, own-label distributors, private-label distributors, jobbers,
|
0001| brokers, manufacturer's warehouses, distributor's warehouses,
|
0002| chain drug warehouses, wholesale drug warehouses, independent
|
0003| wholesale drug traders and retail pharmacies that conduct
|
0004| wholesale distribution;
|
0005| [I.] J. "hospital" means an institution for the
|
0006| reception and care of the ill or infirm that is licensed as a
|
0007| hospital by the department of health;
|
0008| [J.] K. "hospital pharmacy" means a pharmacy
|
0009| maintained in a hospital;
|
0010| [K.] L. "licensed practitioner" means a person
|
0011| engaged in a profession licensed by any state, territory or
|
0012| possession of the United States who, within the limits of his
|
0013| license, may lawfully prescribe, dispense or administer drugs
|
0014| for the treatment of a patient's condition;
|
0015| [L.] M. "nonprescription drugs" means
|
0016| nonnarcotic medicines or drugs that may be sold without a
|
0017| prescription and are prepackaged for use by a consumer and are
|
0018| labeled in accordance with the laws and regulations of the state
|
0019| and federal governments;
|
0020| [M.] N. "nonresident pharmacy" means any
|
0021| pharmacy located outside New Mexico that ships, mails or
|
0022| delivers, in any manner, drugs into New Mexico;
|
0023| [N.] O. "patient counseling" means communication
|
0024| with a patient or his agent regarding dispensing of a
|
0025| prescription drug or drugs;
|
0001| [O.] P. "person" means an individual,
|
0002| corporation, partnership or association and, when the context
|
0003| requires, includes a hospital, nursing home or clinic;
|
0004| [P.] Q. "pharmacist" means a person who holds a
|
0005| current license as a pharmacist in this state;
|
0006| [Q.] R. "pharmacy" means any store, laboratory
|
0007| or place of business where drugs are sold at retail or where
|
0008| physicians' prescriptions are compounded or dispensed, or both,
|
0009| but does not include the place used by a drug manufacturer or
|
0010| wholesale drug distributor or the place of business of a
|
0011| nonregistered person selling nonnarcotic proprietary
|
0012| preparations or remedies;
|
0013| [R.] S. "pharmacist intern" means a person
|
0014| registered by the board to train under a pharmacist in
|
0015| accordance with regulations of the board and who is entitled to
|
0016| compound and dispense drugs and poisons under the personal
|
0017| supervision of a pharmacist;
|
0018| [S.] T. "practice of pharmacy" means engaging in
|
0019| the preparation, compounding and dispensing of drugs and
|
0020| includes the identification, preservation, proper and safe
|
0021| storage, selection, combination, analysis, standardization,
|
0022| labeling, manufacturing, repackaging and distribution of drugs,
|
0023| the reconstitution or preparation of intravenous admixtures, the
|
0024| proper maintenance of any records required by state or federal
|
0025| law and counseling with respect to pharmaceutical practices;
|
0001| [T.] U. "prescription" means an order given
|
0002| individually for the person for whom prescribed, either directly
|
0003| from a licensed practitioner to the pharmacist or indirectly by
|
0004| means of a written order signed by the prescriber, that bears
|
0005| the name and address of the prescriber, his license
|
0006| classification, the name and address of the patient, the name
|
0007| and quantity of the drug prescribed, directions for use and the
|
0008| date of issue;
|
0009| [U.] V. "supportive personnel" means persons who
|
0010| are not pharmacists or pharmacist interns, who, under the
|
0011| supervision of a licensed pharmacist, perform repetitive tasks
|
0012| not requiring the professional judgment of a pharmacist in
|
0013| accordance with rules and regulations adopted by the board; and
|
0014| [V.] W. "wholesale drug distributor" means a
|
0015| person engaged in the wholesale distribution of prescription
|
0016| drugs, including manufacturers, repackers, own-label
|
0017| distributors, private-label distributors, jobbers, brokers,
|
0018| manufacturer's warehouses, distributor's warehouses, chain drug
|
0019| warehouses, wholesale drug warehouses, independent wholesale
|
0020| drug traders and retail pharmacies that conduct wholesale
|
0021| distribution."
|
0022| Section 2. Section 61-11-6 NMSA 1978 (being Laws 1969,
|
0023| Chapter 29, Section 5, as amended) is amended to read:
|
0024| "61-11-6. POWERS AND DUTIES OF BOARD.--The board shall:
|
0025| A. adopt, regularly review and revise rules and
|
0001| regulations necessary to carry out the provisions of the
|
0002| Pharmacy Act after hearings open to the public;
|
0003| B. provide for at least two examinations a year of
|
0004| applicants for registration as pharmacists;
|
0005| C. provide for the registration and the annual
|
0006| renewal of licenses for pharmacists;
|
0007| D. require and establish criteria for continuing
|
0008| education as a condition of renewal of annual licensure;
|
0009| E. provide for the registration of pharmacist
|
0010| interns, their certification, annual renewal of certification,
|
0011| training, supervision and discipline;
|
0012| F. provide for the licensing of retail pharmacies,
|
0013| nonresident pharmacies, wholesale drug distributors, drug
|
0014| manufacturers, hospital pharmacies and the drug rooms of
|
0015| hospitals, nursing home drug facilities, industrial and public
|
0016| health clinics and all places where dangerous drugs are
|
0017| dispensed or administered and provide for the inspection of
|
0018| their facilities and activities;
|
0019| G. enforce the provisions of all laws of the state
|
0020| pertaining to the practice of pharmacy and the manufacture,
|
0021| production, sale or distribution of drugs, cosmetics or poisons
|
0022| and their standards of strength and purity;
|
0023| H. conduct hearings upon charges relating to the
|
0024| discipline of a registrant or licensee or the denial, suspension
|
0025| or revocation of a certificate of registration or a license in
|
0001| accordance with the Uniform Licensing Act;
|
0002| I. provide for the institution of proceedings
|
0003| concerning minor violations of the Pharmacy Act whenever the
|
0004| board believes that the public interest will be adequately
|
0005| served by a suitable written notice or warning or by a
|
0006| suspension of registration or licensure for a period not to
|
0007| exceed thirty days;
|
0008| J. cause the prosecution of any person violating the
|
0009| Pharmacy Act, the New Mexico Drug, Device and Cosmetic Act or
|
0010| the Controlled Substances Act;
|
0011| K. keep a record of all proceedings of the board;
|
0012| L. make an annual report to the governor;
|
0013| M. appoint and employ, in the board's discretion, a
|
0014| qualified person who is not a member of the board to serve as
|
0015| executive officer to the board and define his duties and
|
0016| responsibilities, except that the power to grant, deny, revoke
|
0017| or suspend any license or registration authorized by the
|
0018| Pharmacy Act shall not be delegated by the board;
|
0019| N. appoint and employ inspectors necessary to
|
0020| enforce the provisions of all acts under the administration of
|
0021| the board, which inspectors shall be pharmacists and have all
|
0022| the powers and duties of peace officers;
|
0023| O. provide for qualified employees necessary to
|
0024| carry out the provisions of the Pharmacy Act;
|
0025| P. have the authority to employ a competent attorney
|
0001| to give advice and counsel in regard to any matter connected
|
0002| with the duties of the board, to represent the board in any
|
0003| legal proceedings and to aid in the enforcement of the laws in
|
0004| relation to the pharmacy profession and to fix the compensation
|
0005| to be paid to the attorney; provided, however, that the attorney
|
0006| shall be compensated from the funds of the board, including
|
0007| those provided for in Section 61-11-19 NMSA 1978;
|
0008| Q. adopt, regularly review and revise rules and
|
0009| regulations regarding the use of supportive personnel, including
|
0010| pharmacists' supervision, duties and responsibilities in
|
0011| relation to supportive personnel and requirements for training
|
0012| of supportive personnel, including on-the-job training; [and]
|
0013| R. adopt rules and regulations that define
|
0014| requirements for patient counseling in each practice setting;
|
0015| and
|
0016| S. investigate and determine proper methods and
|
0017| procedures by which a pharmacy, hospital pharmacy, nonresident
|
0018| pharmacy or wholesale drug distributor may purchase drugs
|
0019| wholesale for resale in this state from foreign wholesale drug
|
0020| distributors under equivalent conditions as wholesale drug
|
0021| distributors; and adopt, regularly review and revise rules and
|
0022| regulations regarding the purchase of drugs by a pharmacy,
|
0023| hospital pharmacy, nonresident pharmacy or a wholesale drug
|
0024| distributor from a foreign wholesale drug distributor."
|
0025| - 9 -
|