0001| HOUSE BILL 84
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| GARY K. KING
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO LICENSURE; AMENDING AND ENACTING SECTIONS OF THE
|
0012| PHARMACY ACT.
|
0013|
|
0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0015| Section 1. Section 61-11-1 NMSA 1978 (being Laws 1969,
|
0016| Chapter 29, Section 1) is amended to read:
|
0017| "61-11-1. SHORT TITLE.--[This act] Chapter 61, Article
|
0018| 11 NMSA 1978 may be cited as the "Pharmacy Act"."
|
0019| Section 2. A new section of the Pharmacy Act is enacted
|
0020| to read:
|
0021| "[NEW MATERIAL] LEGISLATIVE FINDINGS--PURPOSE OF ACT.--
|
0022| A. The legislature finds that the practice of
|
0023| pharmacy in New Mexico is a professional practice affecting the
|
0024| public health, safety and welfare and is subject to regulation
|
0025| and control in the public interest. The legislature finds
|
0001| further that it is a matter of public interest and concern that
|
0002| the practice of pharmacy as defined in the Pharmacy Act merit
|
0003| and receive the confidence of the public, and that only
|
0004| qualified persons be permitted to engage in the practice of
|
0005| pharmacy so that the quality of drugs and related devices
|
0006| distributed in New Mexico is ensured.
|
0007| B. The purpose of the Pharmacy Act is to promote,
|
0008| preserve and protect the public health, safety and welfare by
|
0009| and through the effective control and regulation of the
|
0010| practice of pharmacy, including the licensure of pharmacists
|
0011| and pharmacist interns and registration of pharmacy
|
0012| technicians; the licensure, control and regulation of all sites
|
0013| or persons, in or out of state, who distribute, manufacture or
|
0014| sell drugs or devices used in the dispensing and administration
|
0015| of drugs in New Mexico; and the regulation and control of such
|
0016| other materials as may be used in the diagnosis, treatment and
|
0017| prevention of injury, illness or disease of a patient or other
|
0018| person."
|
0019| Section 3. Section 61-11-2 NMSA 1978 (being Laws 1969,
|
0020| Chapter 29, Section 2, as amended) is amended to read:
|
0021| "61-11-2. DEFINITIONS.--As used in the Pharmacy Act:
|
0022| A. "administer" means [giving a unit dose of
|
medication to a patient as a result of an order of a licensed
|
practitioner] the direct application of a drug to the body of
|
0025| a patient or research subject by injection, inhalation,
|
0001| ingestion or any other means;
|
0002| B. "board" means the board of pharmacy;
|
0003| C. ["compound"] "compounding" means [taking
|
two or more measured ingredients and fabricating them into a
|
single preparation, usually referred to as a dosage form,
|
except for preparations that involve repetitive tasks that do
|
not require the professional judgment of a licensed pharmacist;
|
provided that such preparations will be defined in regulations
|
adopted by the board] preparing, mixing, assembling,
|
0010| packaging or labeling a drug or device as the result of a
|
0011| licensed practitioner's prescription or initiative based on the
|
0012| practitioner-patient-pharmacist relationship in the course of
|
0013| professional practice or for the purpose of, or as an incident
|
0014| to, research, teaching or chemical analysis and not for sale or
|
0015| dispensing. "Compounding" also includes preparing drugs or
|
0016| devices in anticipation of a prescription based on routine,
|
0017| regularly observed prescribing patterns;
|
0018| D. "confidential information" means information in
|
0019| the patient's records accessed, maintained by or transmitted to
|
0020| the pharmacist or communicated to the patient as part of
|
0021| patient counseling that is privileged and may be released only
|
0022| to the patient or, as the patient directs, to those licensed
|
0023| practitioners and other authorized health care professionals
|
0024| when, in the pharmacist's professional judgment, such release
|
0025| is necessary to protect the patient's health and well being;
|
0001| and to such other persons authorized by law to receive such
|
0002| information, regardless of whether such information is on
|
0003| paper, preserved on microfilm or stored on electronic media;
|
0004| [D.] E. "consulting pharmacist" means a
|
0005| pharmacist whose services are engaged on a routine [part-
|
time] basis by a hospital or other health care facility
|
0007| [(1) to assist in drawing up correct
|
procedures, rules and regulations for the distribution of
|
drugs;
|
(2) to assume the overall responsibility for
|
the system of control and distribution of drugs;
|
(3) to see that a designated person has the
|
responsibility of day-to-day operation of the hospital pharmacy
|
or drug room; and
|
(4) to visit the hospital pharmacy or drug
|
room on a regularly scheduled basis in the course of his
|
duties] and who is responsible for the distribution, receipt
|
0018| and storage of drugs according to the state and federal
|
0019| regulations;
|
0020| F. "custodial care facility" means a nursing home,
|
0021| retirement care, mental care or other facility that provides
|
0022| extended health care;
|
0023| [E.] G. "dangerous drug" means a drug that is
|
0024| [determined by law to be unsafe for self-medication and that
|
is enumerated in the New Mexico Drug, Device and Cosmetic Act]
|
0001| required by an applicable federal or state law or rule to be
|
0002| dispensed pursuant to a prescription or is restricted to use by
|
0003| licensed practitioners; or that is required by federal law to
|
0004| be labeled with either of the following statements prior to
|
0005| being dispensed or delivered:
|
0006| (1) "caution: federal law prohibits
|
0007| dispensing without a prescription"; or
|
0008| (2) "caution: federal law restricts this drug
|
0009| to use by or on the order of a licensed veterinarian";
|
0010| H. "device" means an instrument, apparatus,
|
0011| implement, machine, contrivance, implant or similar or related
|
0012| article, including a component part or accessory, that is
|
0013| required by federal law to bear the label, "caution: federal
|
0014| or state law requires dispensing by or on the order of a
|
0015| physician";
|
0016| [F.] I. "dispense" means [issuing to a patient
|
or a person acting on his behalf one or more unit doses of
|
medication and may result from compounding or from repackaging
|
from a bulk or original container] the interpretation,
|
0020| evaluation and implementation of a prescription, including the
|
0021| preparation and delivery of a drug or device to a patient or
|
0022| patient's agent in a suitable container appropriately labeled
|
0023| for subsequent administration to or use by a patient;
|
0024| J. "distribute" means the delivery of a drug or
|
0025| device other than by administering or dispensing;
|
0001| [G.] K. "drug" means:
|
0002| (1) [articles] an article recognized [in
|
the United States pharmacopoeia, homeopathic pharmacopoeia or
|
national formulary or any supplement to any of them] as a
|
0005| drug in any official compendium or its supplement that is
|
0006| designated from time to time by the board for use in the
|
0007| diagnosis, cure, mitigation, treatment or prevention of disease
|
0008| in humans or other animals;
|
0009| (2) [articles] an article intended for use
|
0010| in the diagnosis, cure, mitigation, treatment or prevention of
|
0011| diseases in [man or animal] humans or other animals;
|
0012| (3) [articles] an article, other than
|
0013| food, that [affect] affects the structure or any function
|
0014| of the body of [man or animal] humans or other animals; and
|
0015| (4) [articles] an article intended for use
|
0016| as a component of an article described in Paragraph (1), (2)
|
0017| or (3) of this subsection; [but does not include instruments,
|
apparatus or contrivances, including their components, parts or
|
accessories, known as devices, intended for use in the
|
diagnosis, cure, mitigation, treatment or prevention of
|
diseases in man or animal or that affect the structure or any
|
function of the body of man or animal;
|
H. "drug room" means that area provided only for
|
the proper and safe storage, preservation and control of
|
drugs;]
|
0001| L. "drug regimen review" includes an evaluation of
|
0002| a prescription and patient record for:
|
0003| (1) known allergies;
|
0004| (2) rational therapy contraindications;
|
0005| (3) reasonable dose and route of
|
0006| administration;
|
0007| (4) reasonable directions for use;
|
0008| (5) duplication of therapy;
|
0009| (6) drug-drug interactions;
|
0010| (7) adverse drug reactions; and
|
0011| (8) proper use and optimum therapeutic
|
0012| outcomes;
|
0013| M. "electronic transmission" means transmission of
|
0014| information in electronic form or the transmission of the exact
|
0015| visual image of a document by way of electronic equipment;
|
0016| [I.] N. "hospital" means an institution [for
|
the reception and care of the ill or infirm] that is licensed
|
0018| as a hospital by the department of health;
|
0019| [J. "hospital pharmacy" means a pharmacy
|
maintained in a hospital;]
|
0021| O. "labeling" means the process of preparing and
|
0022| affixing a label to any drug container exclusive of the
|
0023| labeling by a manufacturer, packer or distributor of a
|
0024| nonprescription drug or commercially packaged prescription drug
|
0025| or device; and which label includes all information required by
|
0001| federal or state law or regulations adopted pursuant to federal
|
0002| or state law;
|
0003| [K.] P. "licensed practitioner" means a person
|
0004| engaged in a profession licensed by any state, territory or
|
0005| possession of the United States who, within the limits of his
|
0006| license, may lawfully prescribe, dispense or administer drugs
|
0007| for the treatment of a patient's condition;
|
0008| Q. "manufacturing" means the production,
|
0009| preparation, propagation, conversion or processing of a drug or
|
0010| device, either directly or indirectly, by extraction from
|
0011| substances of natural origin or independently by means of
|
0012| chemical or biological synthesis and includes packaging or
|
0013| repackaging, labeling or relabeling and the promotion and
|
0014| marketing of such drugs or devices. "Manufacturing" also
|
0015| includes the preparation and promotion of commercially
|
0016| available products from bulk compounds for resale by
|
0017| pharmacies, licensed practitioners or other persons;
|
0018| [L.] R. "nonprescription drugs" means non-
|
0019| narcotic medicines or drugs that may be sold without a
|
0020| prescription and are prepackaged for use by a consumer and are
|
0021| labeled in accordance with the laws and regulations of the
|
0022| state and federal governments;
|
0023| [M.] S. "nonresident pharmacy" means any
|
0024| pharmacy located outside New Mexico that ships, mails or
|
0025| delivers, in any manner, drugs into New Mexico;
|
0001| [N.] T. "patient counseling" means the oral
|
0002| communication [with] by the pharmacist of information to a
|
0003| patient or his agent or caregiver regarding [dispensing of a
|
prescription] proper use of a drug or [drugs] device;
|
0005| [O.] U. "person" means an individual,
|
0006| corporation, partnership, [or] association [and, when the
|
context requires, includes a hospital, nursing home or clinic]
|
0008| or other legal entity;
|
0009| V. "pharmaceutical care" means the provision of
|
0010| drug therapy and other patient care services intended to
|
0011| achieve definite outcomes that improve a patient's quality of
|
0012| life, including identifying potential and actual drug-related
|
0013| problems, resolving actual drug-related problems and preventing
|
0014| potential drug-related problems;
|
0015| [P.] W. "pharmacist" means a person who [holds
|
a current license] is licensed as a pharmacist in this
|
0017| state;
|
0018| X. "pharmacist in charge" means a pharmacist who
|
0019| accepts responsibility for the operation of a pharmacy in
|
0020| conformance with all laws and rules pertinent to the practice
|
0021| of pharmacy and the distribution of drugs and who is personally
|
0022| in full and actual charge of the pharmacy and its personnel;
|
0023| [Q.] Y. "pharmacy" means [any store,
|
laboratory or] a licensed place of business where drugs are
|
0025| [sold at retail or where physicians' prescriptions are
|
compounded or] compounded or dispensed [or both, but does
|
not include the place used by a drug manufacturer or wholesale
|
drug distributor or the place of business of a nonregistered
|
person selling non-narcotic proprietary preparations or
|
remedies] and pharmaceutical care is provided;
|
0006| [R.] Z. "pharmacist intern" means a person
|
0007| [registered] licensed by the board to train under a
|
0008| pharmacist [in accordance with regulations of the board and
|
who is entitled to compound and dispense drugs and poisons
|
under the personal supervision of a pharmacist];
|
0011| AA. "pharmacy technician" means a person who is
|
0012| registered to perform repetitive tasks not requiring the
|
0013| professional judgment of a pharmacist;
|
0014| [S.] BB. "practice of pharmacy" means
|
0015| [engaging in the preparation, compounding and dispensing of
|
drugs and includes the identification, preservation, proper and
|
safe storage, selection, combination, analysis,
|
standardization, labeling, manufacturing, re-packaging and
|
distribution of drugs, the reconstitution or preparation of
|
intravenous admixtures, the proper maintenance of any records
|
required by state or federal law and counseling with respect to
|
pharmaceutical practices] the interpretation, evaluation and
|
0023| implementation of a lawful order of a licensed practitioner;
|
0024| the dispensing of prescriptions; the participation in drug and
|
0025| device selection, drug administration, drug regimen reviews and
|
0001| drug or drug-related research; the provision of patient
|
0002| counseling and pharmaceutical care; the responsibility for
|
0003| compounding and labeling of drugs and devices; the proper and
|
0004| safe storage of drugs and devices; and the maintenance of
|
0005| proper records;
|
0006| [T.] CC. "prescription" means an order given
|
0007| individually for the person for whom prescribed, either
|
0008| directly from a licensed practitioner or his agent to the
|
0009| pharmacist, including electronic transmission or indirectly
|
0010| by means of a written order signed by the prescriber, that
|
0011| bears the name and address of the prescriber, his license
|
0012| classification, the name and address of the patient, the name
|
0013| and quantity of the drug prescribed, directions for use and the
|
0014| date of issue;
|
0015| [U. "supportive personnel" means persons who are
|
not pharmacists or pharmacist interns, who, under the
|
supervision of a licensed pharmacist, perform repetitive tasks
|
not requiring the professional judgment of a pharmacist in
|
accordance with rules and regulations adopted by the board;
|
and]
|
0021| DD. "significant adverse drug reaction" means a
|
0022| drug-related incident that may result in harm, injury or death
|
0023| to the patient; and
|
0024| [V.] EE. "wholesale drug distributor" means a
|
0025| person engaged in the wholesale distribution of prescription
|
0001| drugs, including manufacturers, repackers, own-label
|
0002| distributors, private-label distributors, jobbers, brokers,
|
0003| manufacturer's warehouses, distributor's warehouses, chain drug
|
0004| warehouses, wholesale drug warehouses, independent wholesale
|
0005| drug traders and retail pharmacies that conduct wholesale
|
0006| distribution."
|
0007| Section 4. Section 61-11-4 NMSA 1978 (being Laws 1969,
|
0008| Chapter 29, Section 3, as amended) is amended to read:
|
0009| "61-11-4. BOARD CREATED--MEMBERS--QUALIFICATIONS--TERMS--
|
0010| VACANCIES--REMOVAL.--
|
0011| A. There is created the "board of pharmacy". The
|
0012| board consists of nine members, each of whom shall be a citizen
|
0013| of the United States and a resident of New Mexico.
|
0014| B. Five members shall be pharmacists appointed by
|
0015| the governor for staggered terms of five years each from lists
|
0016| submitted to the governor by the New Mexico pharmaceutical
|
0017| association, which lists contain the names of two pharmacists
|
0018| residing in each of the five pharmacy districts. One of the
|
0019| pharmacist members shall be appointed for a term ending July 1,
|
0020| 1970 and one pharmacist member shall be appointed for a term
|
0021| ending on July 1 of each of the following four years.
|
0022| Thereafter, appointments of pharmacist members shall be made
|
0023| for five years or less each and made in such a manner that the
|
0024| term of one pharmacist member expires on July 1 of each year.
|
0025| [Not more than] One pharmacist member shall [come from a]
|
0001| be appointed from each pharmacy district. Each pharmacist
|
0002| member of the board shall have been actively engaged in the
|
0003| pharmaceutical profession in this state for at least three
|
0004| years immediately prior to his appointment and shall have had a
|
0005| minimum of eight years of practical experience as a pharmacist.
|
0006| A vacancy shall be filled by appointment by the governor for
|
0007| the unexpired term from lists submitted by the New Mexico
|
0008| pharmaceutical association to the governor. Pharmacist members
|
0009| shall reside in the district from which they are appointed.
|
0010| C. Three members of the board shall be appointed
|
0011| by the governor to represent the public. The public members
|
0012| of the board shall not have been licensed as pharmacists or
|
0013| have any significant financial interest, whether direct or
|
0014| indirect, in the [occupation] profession regulated. A
|
0015| vacancy in [the] a public [members' terms] member's
|
0016| term shall be filled by appointment by the governor for the
|
0017| unexpired term. Initial appointments of public members shall
|
0018| be made for staggered terms of five years or less each and made
|
0019| in such a manner that not more than two [board] public
|
0020| members' terms shall expire on July 1 of each year.
|
0021| D. One member of the board shall be a [hospital]
|
0022| pharmacist [selected] appointed at large from a list
|
0023| submitted to the governor by the New Mexico society of
|
0024| [hospital] health systems pharmacists. [On July 1, 1985,
|
the governor shall appoint a hospital pharmacist member to the
|
board for a term expiring July 1, 1990 and successors to the
|
hospital pharmacist] The member shall be appointed by the
|
0003| governor to [terms] a term of five years. A vacancy in
|
0004| the [hospital pharmacist member] member's term shall be
|
0005| filled by appointment by the governor for the unexpired term
|
0006| from a list submitted to the governor by the New Mexico society
|
0007| of [hospital] health systems pharmacists.
|
0008| E. There are created five pharmacy districts as
|
0009| follows:
|
0010| (1) northeast district, which shall be
|
0011| composed of the counties of Colfax, Guadalupe, Harding, Los
|
0012| Alamos, Mora, Quay, Rio Arriba, Sandoval, San Miguel, Santa Fe,
|
0013| Taos, Torrance and Union;
|
0014| (2) northwest district, which shall be
|
0015| composed of the counties of McKinley, San Juan, Valencia and
|
0016| Cibola;
|
0017| (3) central district, which shall be composed
|
0018| of the county of Bernalillo;
|
0019| (4) southeast district, which shall be
|
0020| composed of the counties of Chaves, Curry, DeBaca, Eddy, Lea
|
0021| and Roosevelt; and
|
0022| (5) southwest district, which shall be
|
0023| composed of the counties of Catron, Dona Ana, Grant, Hidalgo,
|
0024| Lincoln, Luna, Otero, Sierra and Socorro.
|
0025| F. No board member shall serve more than two full
|
0001| terms, consecutive or otherwise.
|
0002| G. Any board member failing to attend three
|
0003| consecutive regular meetings is automatically removed as a
|
0004| member of the board.
|
0005| H. The governor may remove any member of the board
|
0006| for neglect of any duty required by law, for incompetency or
|
0007| for unprofessional conduct and shall remove any board member
|
0008| who violates any provision of the Pharmacy Act.
|
0009| [I. If a vacancy occurs on the board for any
|
reason, the secretary of the board shall immediately notify the
|
governor, the board members and any generally recognized
|
association or organization of pharmacists of the reason for
|
its occurrence and the action taken by the board, so as to
|
expedite the appointment of a new board member.]"
|
0015| Section 5. Section 61-11-5 NMSA 1978 (being Laws 1969,
|
0016| Chapter 29, Section 4) is amended to read:
|
0017| "61-11-5. BOARD MEETINGS--QUORUM--OFFICERS--BONDS--
|
0018| EXPENSES.--
|
0019| A. The board shall annually elect a chairman, vice
|
0020| chairman and secretary-treasurer from its membership.
|
0021| B. The board shall meet at least once every three
|
0022| months. Special meetings may be called by the chairman and
|
0023| shall be called upon the written request of two or more members
|
0024| of the board. Notification of special meetings shall be made
|
0025| by certified mail unless the notice is waived by the entire
|
0001| board and noted in the minutes. Notice of all regular meetings
|
0002| shall be made by regular mail at least ten days prior to the
|
0003| meeting, and copies of the minutes of all meetings shall be
|
0004| mailed to each board member within forty-five days after any
|
0005| meeting.
|
0006| C. A majority of the board constitutes a quorum.
|
0007| [D. The executive officer and any member or
|
employee of the board who handles money or who certifies the
|
receipt or disbursement of money received by the board shall,
|
within thirty days after appointment, execute a bond in a sum
|
set by the board, conditioned on the faithful performance of
|
the duties of the office and an accounting for all funds coming
|
into his hands. The bonds shall be signed by a surety company
|
authorized to do business in this state and be filed with and
|
approved by the board.
|
E.] D. Members of the board shall be reimbursed
|
0017| as provided in the Per Diem and Mileage Act and shall receive
|
0018| no other compensation, perquisite or allowance."
|
0019| Section 6. Section 61-11-6 NMSA 1978 (being Laws 1969,
|
0020| Chapter 29, Section 5, as amended) is amended to read:
|
0021| "61-11-6. POWERS AND DUTIES OF BOARD.--
|
0022| A. The board shall:
|
0023| [A.] (1) adopt, [regularly review and
|
revise] amend or repeal rules and regulations necessary to
|
0025| carry out the provisions of the Pharmacy Act [after hearings
|
open to the public] in accordance with the provisions of the
|
0002| Uniform Licensing Act;
|
0003| [B.] (2) provide for [at least two]
|
0004| examinations [a year] of applicants for [registration]
|
0005| licensure as pharmacists;
|
0006| [C.] (3) provide for the [registration
|
and the annual] issuance and renewal of licenses for
|
0008| pharmacists;
|
0009| [D.] (4) require and establish criteria
|
0010| for continuing education as a condition of annual renewal of
|
0011| [annual] licensure for pharmacists;
|
0012| [E.] (5) provide for the [registration
|
of] issuance and annual renewal of licenses for pharmacist
|
0014| interns [their certification, annual renewal of
|
certification] and for their training, supervision and
|
0016| discipline;
|
0017| [F.] (6) provide for the licensing of
|
0018| retail pharmacies, nonresident pharmacies, wholesale drug
|
0019| distributors, drug manufacturers, hospital pharmacies [and the
|
drug rooms of hospitals], nursing home drug facilities,
|
0021| industrial and public health clinics and all places where
|
0022| dangerous drugs are stored, distributed, dispensed or
|
0023| administered and provide for the inspection of [their] the
|
0024| facilities and activities;
|
0025| [G.] (7) enforce the provisions of all
|
0001| laws of the state pertaining to the practice of pharmacy and
|
0002| the manufacture, production, sale or distribution of drugs or
|
0003| cosmetics [or poisons] and their standards of strength and
|
0004| purity;
|
0005| [H.] (8) conduct hearings upon charges
|
0006| relating to the discipline of a registrant or licensee or the
|
0007| denial, suspension or revocation of a [certificate of]
|
0008| registration or a license in accordance with the Uniform
|
0009| Licensing Act;
|
0010| [I. provide for the institution of
|
proceedings concerning minor violations of the Pharmacy Act
|
whenever the board believes that the public interest will be
|
adequately served by a suitable written notice or warning or by
|
a suspension of registration or licensure for a period not to
|
exceed thirty days;
|
J.] (9) cause the prosecution of any person
|
0017| violating the Pharmacy Act, the New Mexico Drug, Device and
|
0018| Cosmetic Act or the Controlled Substances Act;
|
0019| [K.] (10) keep a record of all proceedings
|
0020| of the board;
|
0021| [L.] (11) make an annual report to the
|
0022| governor;
|
0023| [M.] (12) appoint and employ, in the
|
0024| board's discretion, a qualified person who is not a member of
|
0025| the board to serve as executive [officer to the board]
|
0001| director and define his duties and responsibilities; except
|
0002| that the power to [grant] deny, revoke or suspend any license
|
0003| or registration authorized by the Pharmacy Act shall not be
|
0004| delegated by the board;
|
0005| [N.] (13) appoint and employ inspectors
|
0006| necessary to enforce the provisions of all acts under the
|
0007| administration of the board, which inspectors shall be
|
0008| pharmacists and have all the powers and duties of peace
|
0009| officers;
|
0010| [O.] (14) provide for other qualified
|
0011| employees necessary to carry out the provisions of the Pharmacy
|
0012| Act;
|
0013| [P.] (15) have the authority to employ a
|
0014| competent attorney to give advice and counsel in regard to any
|
0015| matter connected with the duties of the board, to represent the
|
0016| board in any legal proceedings and to aid in the enforcement of
|
0017| the laws in relation to the pharmacy profession and to fix the
|
0018| compensation to be paid to the attorney; provided, however,
|
0019| that the attorney shall be compensated from the [funds]
|
0020| money of the board, including [those] that provided for
|
0021| in Section 61-11-19 NMSA 1978;
|
0022| [Q. adopt, regularly review and revise rules and
|
regulations regarding the use of supportive personnel,
|
including pharmacists' supervision, duties and responsibilities
|
in relation to supportive personnel and requirements for
|
training of supportive personnel, including on-the-job
|
training; and]
|
0003| (16) register and regulate qualifications,
|
0004| training and permissible activities of pharmacy technicians;
|
0005| (17) provide a registry of all persons
|
0006| licensed as pharmacists or pharmacist interns in the state;
|
0007| and
|
0008| [R.] (18) adopt rules and regulations that
|
0009| [define requirements for] prescribe the activities and
|
0010| duties of pharmacy owners and pharmacists in the provision of
|
0011| pharmaceutical care, drug regimen review and patient
|
0012| counseling in each practice setting.
|
0013| B. The board may:
|
0014| (1) delegate its authority to the executive
|
0015| director to issue temporary licenses as provided in Section
|
0016| 61-11-14 NMSA 1978; and
|
0017| (2) provide by regulation for the electronic
|
0018| transmission of prescriptions."
|
0019| Section 7. Section 61-11-7 NMSA 1978 (being Laws 1969,
|
0020| Chapter 29, Section 6, as amended) is amended to read:
|
0021| "61-11-7. DRUG DISPENSATION--LIMITATIONS.--
|
0022| A. The Pharmacy Act does not prohibit:
|
0023| (1) any hospital or state or county
|
0024| institution or clinic without the services of a staff
|
0025| pharmacist from acquiring and having in its possession any
|
0001| dangerous drug for the purpose of dispensing [provided] if
|
0002| it is in a dosage form suitable for dispensing and [provided
|
that] if the hospital, institution or clinic employs a
|
0004| consulting pharmacist;
|
0005| (2) if the consulting pharmacist is not
|
0006| available, the withdrawal of any drug from stock by a licensed
|
0007| professional nurse on the order of a licensed practitioner in
|
0008| such amount as needed for administering to and treatment of his
|
0009| patient;
|
0010| (3) the extemporaneous preparation by a
|
0011| licensed professional nurse on the order of a licensed
|
0012| practitioner of simple solutions for injection when the
|
0013| solution may be prepared from a quantity of drug that has been
|
0014| prepared previously by a pharmaceutical manufacturer or
|
0015| pharmacist and obtained by the hospital, institution or clinic
|
0016| in a form suitable for the preparation of the solution;
|
0017| (4) the sale of non-narcotic, nonpoisonous or
|
0018| nondangerous nonprescription medicines or preparations by
|
0019| nonregistered persons or unlicensed stores when sold in their
|
0020| original containers;
|
0021| (5) the sale of drugs intended for veterinary
|
0022| use; provided that if such drugs bear the legend: "caution:
|
0023| federal law restricts this drug to use by or on the order of a
|
0024| licensed veterinarian", the drug may be sold or distributed
|
0025| only as provided in Subsection A of Section 26-1-15 NMSA 1978,
|
0001| by a person possessing a license issued by the board [under]
|
0002| pursuant to Subsection B of Section 61-11-14 NMSA 1978;
|
0003| (6) the sale to or possession or
|
0004| administration of topical ocular pharmaceutical agents by
|
0005| licensed optometrists who have been certified by the board of
|
0006| optometry for the use of such agents;
|
0007| (7) the sale to or possession or
|
0008| administration of oral pharmaceutical agents as authorized in
|
0009| Subsection A of Section 61-2-10.2 NMSA 1978 by licensed
|
0010| optometrists who have been certified by the board of optometry
|
0011| for the use of such agents; [or]
|
0012| (8) [supportive personnel] pharmacy
|
0013| technicians from providing assistance to pharmacists; or
|
0014| (9) a pharmacist from exercising his
|
0015| professional judgment in refilling a prescription for a
|
0016| prescription drug, unless prohibited by another state or
|
0017| federal law, without the authorization of the prescribing
|
0018| licensed practitioner, if:
|
0019| (a) failure to refill the prescription
|
0020| might result in an interruption of a therapeutic regimen or
|
0021| create patient suffering;
|
0022| (b) the pharmacist is unable to contact
|
0023| the licensed practitioner after reasonable effort;
|
0024| (c) the quantity of prescription drug
|
0025| dispensed does not exceed a seventy-two-hour supply;
|
0001| (d) the pharmacist informs the patient
|
0002| or the patient's agent at the time of dispensing that the
|
0003| refill is being provided without such authorization and that
|
0004| authorization of the licensed practitioner is required for
|
0005| future refills; and
|
0006| (e) the pharmacist informs the licensed
|
0007| practitioner of the emergency refill at the earliest reasonable
|
0008| time.
|
0009| B. All prescriptions requiring the preparation of
|
0010| dosage forms or amounts of dangerous drugs not available in the
|
0011| stock of a hospital, institution or clinic or a prescription
|
0012| [necessitating] requiring compounding shall be either
|
0013| compounded or dispensed only by a pharmacist."
|
0014| Section 8. Section 61-11-8 NMSA 1978 (being Laws 1969,
|
0015| Chapter 29, Section 7, as amended) is amended to read:
|
0016| "61-11-8. DRUG RECORDS TO BE KEPT.--Records shall be kept
|
0017| by all [hospitals, institutions or clinics] persons licensed
|
0018| pursuant to the Pharmacy Act of all dangerous drugs, their
|
0019| receipt, withdrawal from stock and use or other disposal. The
|
0020| records shall be open to inspection by the board or its agents,
|
0021| and [both the pharmacist in charge and the hospital,
|
institution or clinic] the licensee shall be responsible for
|
0023| the maintenance of the records in proper form."
|
0024| Section 9. Section 61-11-9 NMSA 1978 (being Laws 1969,
|
0025| Chapter 29, Section 8, as amended) is amended to read:
|
0001| "61-11-9. QUALIFICATIONS FOR [REGISTRATION] LICENSURE
|
0002| AS A PHARMACIST BY EXAMINATION.--
|
0003| A. An applicant for [registration] licensure as
|
0004| a pharmacist by examination shall:
|
0005| (1) have reached the age of majority and not
|
0006| be addicted to the use of drugs or [alcoholic liquors]
|
0007| alcohol;
|
0008| (2) be a graduate of a school or college of
|
0009| pharmacy [accredited by the American council on pharmaceutical
|
education] approved by the board;
|
0011| (3) have not less than one year of experience
|
0012| under the direction of a pharmacist in accordance with the
|
0013| programs of supervised training established by regulation of
|
0014| the board;
|
0015| (4) pass an examination [prepared and
|
administered] approved by the board [which examination
|
shall be based on the subjects and minimum grading standards as
|
set forth in the bylaws of the national association of boards
|
of pharmacy]; and
|
0020| (5) pass an examination [prepared and
|
administered] approved by the board, which examination shall
|
0022| be based on federal and state drug laws and regulations.
|
0023| B. Any person who is a graduate of a foreign school
|
0024| of pharmacy may be eligible for licensure as a pharmacist upon
|
0025| successful completion of an equivalency examination program
|
0001| [and an examination on New Mexico laws and] approved by the
|
0002| board [regulations. The board shall adopt regulations that
|
define the content of the examinations.
|
C. The board shall register an applicant and issue
|
a].
|
0006| C. The board shall [register an applicant and]
|
0007| issue a license when [his] the applicant's application has
|
0008| been filed with and approved by the board [he] and the
|
0009| applicant has paid the required fees and [he has passed the
|
required examinations] has met the requirements of this
|
0011| section."
|
0012| Section 10. Section 61-11-10 NMSA 1978 (being Laws 1969,
|
0013| Chapter 29, Section 9) is amended to read:
|
0014| "61-11-10. RECIPROCAL [REGISTRATION] LICENSURE.--The
|
0015| board may issue a [certificate of registration] license,
|
0016| with or without examination, to a person who:
|
0017| A. is [registered] licensed as a pharmacist by
|
0018| examination in another state [which] that under equivalent
|
0019| conditions will grant reciprocal [registration] licensure
|
0020| to persons [registered] licensed as pharmacists by
|
0021| examination in this state; and
|
0022| B. produces evidence satisfactory to the board that
|
0023| he has the age, education, experience and qualifications
|
0024| required of applicants for [registration] licensure by
|
0025| examination under the provisions of the Pharmacy Act. Any
|
0001| person who was registered by examination in another state prior
|
0002| to May 20, 1940 is required to satisfy only those requirements
|
0003| in existence in this state at the time he was registered in the
|
0004| other state."
|
0005| Section 11. Section 61-11-11 NMSA 1978 (being Laws 1969,
|
0006| Chapter 29, Section 10) is amended to read:
|
0007| "61-11-11. PHARMACIST INTERN--QUALIFICATIONS FOR
|
0008| [REGISTRATION.--There is established under the board]
|
0009| LICENSURE.--The classification of pharmacist intern is
|
0010| established. An applicant for [registration] licensure as
|
0011| a pharmacist intern shall:
|
0012| A. be not less than eighteen years of age and not
|
0013| be addicted to the use of drugs or alcohol;
|
0014| B. have satisfactorily completed not less than
|
0015| thirty semester hours or the equivalent thereof in a school
|
0016| or college of pharmacy [accredited by the American council on
|
pharmaceutical education] approved by the board; and
|
0018| C. meet other requirements established by
|
0019| regulation of the board."
|
0020| Section 12. A new section of the Pharmacy Act is enacted
|
0021| to read:
|
0022| "[NEW MATERIAL] PHARMACY TECHNICIAN--QUALIFICATIONS--
|
0023| DUTIES.--
|
0024| A. The classification of pharmacy technician is
|
0025| established. An applicant for registration as a pharmacy
|
0001| technician shall:
|
0002| (1) be at least sixteen years of age and not
|
0003| addicted to drugs or alcohol;
|
0004| (2) complete initial training as required by
|
0005| regulations of the board that includes on-the-job and related
|
0006| education commensurate with the tasks to be performed by the
|
0007| pharmacy technician; and
|
0008| (3) if the potential duties of the pharmacy
|
0009| technician will include the preparation of sterile products,
|
0010| complete an additional one hundred hours of experiential
|
0011| training as required by regulations of the board.
|
0012| B. Permissible activities for pharmacy technicians
|
0013| under the supervision of a pharmacist include:
|
0014| (1) the preparation, mixing, assembling,
|
0015| packaging and labeling of medications;
|
0016| (2) processing routine orders of stock
|
0017| supplies;
|
0018| (3) preparation of sterile products; and
|
0019| (4) filling of a prescription or medication
|
0020| order that entails counting, pouring, labeling or
|
0021| reconstituting medications.
|
0022| C. The supervising pharmacist shall observe and
|
0023| direct the pharmacy technician to a sufficient degree to assure
|
0024| the accurate completion of the activities of the pharmacy
|
0025| technician and shall provide a final check of all aspects of
|
0001| the prepared product and document the final check before
|
0002| dispensing.
|
0003| D. The supervising pharmacist shall be responsible
|
0004| for the tasks performed by the pharmacist technician and
|
0005| subject to discipline for failure to appropriately supervise
|
0006| the performance of the pharmacist technician."
|
0007| Section 13. Section 61-11-12 NMSA 1978 (being Laws 1969,
|
0008| Chapter 29, Section 11, as amended) is amended to read:
|
0009| "61-11-12. [REGISTRATION] LICENSE FEES.--
|
0010| A. An applicant for [registration] licensure as
|
0011| a pharmacist or pharmacist intern or registration as a
|
0012| pharmacy technician shall pay the following fees, which fees
|
0013| shall not be returnable:
|
0014| (1) for [registration] initial licensure
|
0015| as a pharmacist, [by examination] a fee set by the board not
|
0016| to exceed [two hundred dollars ($200)] four hundred dollars
|
0017| ($400); provided that if the applicant fails a portion of
|
0018| [the] an examination, reexamination is subject to the same
|
0019| fee as the first examination;
|
0020| [(2) for registration as a pharmacist without
|
examination, a fee set by the board not to exceed two hundred
|
dollars ($200); and
|
(3)] (2) for [registration] initial
|
0024| licensure as a pharmacist intern, a fee not to exceed twenty-
|
0025| five dollars ($25.00); and
|
0001| (3) for initial registration as a pharmacy
|
0002| technician, a fee not to exceed twenty-five dollars ($25.00).
|
0003| B. The board shall issue [an appropriate
|
certificate of registration or] a license [to each person
|
registered as a pharmacist or, pharmacist intern] or
|
0006| registration to each successful applicant and enter his name
|
0007| and pertinent information in the registry maintained by the
|
0008| board.
|
0009| C. Every [certificate of] registration or license
|
0010| [of pharmacists or pharmacist interns] shall have the seal of
|
0011| the board affixed and be signed by the board [secretary-
|
treasurer] chairman."
|
0013| Section 14. Section 61-11-13 NMSA 1978 (being Laws 1969,
|
0014| Chapter 29, Section 12, as amended) is amended to read:
|
0015| "61-11-13. [REGISTRATION] RENEWAL--REVOCATION.--
|
0016| A. [All annual licenses for pharmacists shall
|
expire on June 30, and commencing July 1, 1984] The annual
|
0018| renewal date for each [registrant] licensee shall be the
|
0019| last day of the [registrant's] licensee's birth month. Any
|
0020| person who intends to continue practice shall file an
|
0021| application for renewal and pay the renewal fee set by the
|
0022| board in an amount not to exceed one hundred fifty dollars
|
0023| ($150) prior to that date; provided, however, the board shall
|
0024| prorate any renewal fee charged for any period of less than one
|
0025| year. The license of [any] a pharmacist failing to renew
|
0001| his license on or before that date will automatically expire,
|
0002| and it shall not be reinstated except upon reapplication and
|
0003| payment of a [twenty-five dollar ($25.00)] one hundred
|
0004| dollar ($100) reinstatement fee and all delinquent renewal
|
0005| fees.
|
0006| B. [Any] A pharmacist ceasing to be engaged in
|
0007| the practice of pharmacy for such period as the board
|
0008| determines, but not less than twelve months, is deemed to be
|
0009| inactive and shall have his license renewal so marked. A
|
0010| pharmacist having an inactive status shall not be reinstated to
|
0011| active status without either an examination or the presentation
|
0012| of evidence satisfactory to the board that he has taken some
|
0013| form of internship or continuing education relevant to the
|
0014| practice of pharmacy, or both, immediately prior to his
|
0015| application for reinstatement. Pharmacists regularly engaged
|
0016| in teaching in an approved school or college of pharmacy,
|
0017| servicing, manufacturing, inspecting or other phases of the
|
0018| pharmaceutical profession are in active status for the purposes
|
0019| of this subsection.
|
0020| C. Application for renewal of [pharmacists'
|
licenses] a pharmacist's license shall be made on forms
|
0022| prescribed and furnished by the board and shall indicate
|
0023| whether the renewal applied for will be an active or inactive
|
0024| [registration] license. The application, together with the
|
0025| renewal fee, shall be filed with the board.
|
0001| D. Application for renewal of [pharmacists'
|
licenses] a pharmacist's license shall be accompanied by
|
0003| proof satisfactory to the board that the applicant has
|
0004| completed continuing education requirements established
|
0005| pursuant to Section 61-11-6 NMSA 1978.
|
0006| E. [Applications] An application for renewal of
|
0007| a certificate of registration as a pharmacy technician or
|
0008| license as a pharmacist intern shall be filed with the board
|
0009| on forms prescribed and furnished by the board and shall be
|
0010| accompanied by a renewal fee not to exceed twenty-five dollars
|
0011| ($25.00) per year."
|
0012| Section 15. Section 61-11-14 NMSA 1978 (being Laws 1969,
|
0013| Chapter 29, Section 13, as amended) is amended to read:
|
0014| "61-11-14. PHARMACY LICENSURE--WHOLESALE DRUG
|
0015| DISTRIBUTION BUSINESS LICENSURE--REQUIREMENTS--FEES--
|
0016| REVOCATION.--
|
0017| A. Any person who desires to operate or maintain
|
0018| the operation of a pharmacy or who engages in a wholesale drug
|
0019| distribution business in this state shall apply to the board
|
0020| for the proper [permit or] license and shall meet the
|
requirements of the board and pay the annual fee for the
|
[permit or] license and its renewal.
|
0023| B. The board shall issue the following classes of
|
0024| [permits or] licenses that shall be defined and limited by
|
0025| regulation of the board:
|
0001| (1) retail pharmacy [license];
|
0002| (2) nonresident pharmacy [license];
|
0003| (3) wholesale drug [distributor's license]
|
0004| distributor;
|
0005| (4) drug [manufacturer's license]
|
0006| manufacturer;
|
0007| (5) hospital pharmacy; [license for both
|
inpatient and outpatient dispensing;
|
(6) drug room license;
|
(7) drug custodial license for licensed
|
nursing homes;
|
(8) state license for the department of
|
health;
|
(9) drug permit for] (6) pharmaceutical
|
0015| sales [representatives who possess dangerous drugs]
|
0016| representative;
|
0017| [(10) limited drug permit for industrial and
|
public health clinics not under the department of health and
|
businesses of a similar nature where dangerous drugs are
|
dispensed, the permit being limited to specific dangerous drugs
|
or other limitations as set forth in the application and shown
|
on the permit,]
|
0023| (7) industrial health clinic;
|
0024| (8) public health clinic;
|
0025| (9) custodial care facility;
|
0001| [(11) limited drug permit for] (10) home
|
0002| care services [not under the department of health in which
|
dangerous drugs are stored and administered, the permit being
|
limited to specific dangerous drugs or other limitations as set
|
forth in the board's regulations and shown on the permit; and
|
(12) limited license for wholesalers,
|
retailers or distributors];
|
0008| (11) emergency medical services;
|
0009| (12) animal control facilities; and
|
0010| (13) wholesaler, retailer or distributor of
|
0011| veterinary drugs bearing the legend: "caution: federal law
|
0012| restricts this drug to use by or on the order of a licensed
|
0013| veterinarian". Such drugs may be sold or dispensed by any
|
0014| person possessing a retail pharmacy license, wholesale drug
|
0015| distributor's license or drug manufacturer's license issued by
|
0016| the board, without the necessity of acquiring [a limited] an
|
0017| additional license for veterinary drugs [as provided in this
|
paragraph].
|
0019| C. Every application for the issuance or annual
|
0020| renewal of:
|
0021| (1) a license for a retail pharmacy, wholesale
|
0022| drug distributor, nonresident pharmacy, pharmaceutical sales
|
0023| representative, drug manufacturer or hospital pharmacy shall be
|
0024| accompanied by a fee set by the board in an amount not to
|
0025| exceed three hundred dollars ($300);
|
0001| (2) a license [or permit for a drug room or a
|
nursing home] for a custodial care facility shall be
|
0003| accompanied by a fee set by the board in an amount not to
|
0004| exceed [one hundred dollars ($100)] two hundred dollars
|
0005| ($200); and
|
0006| (3) a license [or a permit] for an
|
0007| industrial [or] health clinic; a public health clinic; [or
|
a business of a similar nature, a limited drug permit issued
|
pursuant to the provisions of Paragraph (11) of Subsection B of
|
this section or a limited license issued pursuant to Paragraph
|
(12) of Subsection B of this section] home care services;
|
0012| emergency medical services; animal control facilities; or
|
0013| wholesaler, retailer or distributor of veterinary drugs shall
|
0014| be accompanied by a fee set by the board in an amount not to
|
0015| exceed two hundred dollars ($200) [and
|
(4) the department of health license shall be
|
accompanied by a fee set by the board in an aggregate amount
|
based on a charge not to exceed two hundred dollars ($200) for
|
each facility where dangerous drugs are stored and dispensed or
|
distributed; provided that the charge for each facility shall
|
in no instance be more than the fee set for industrial or
|
public health clinics].
|
0023| D. If it is desired to operate or maintain a
|
0024| pharmaceutical business at more than one location, a separate
|
0025| license [or permit] shall be obtained for each location.
|
0001| E. Each application for a [permit or] license
|
0002| shall be made on forms prescribed and furnished by the board.
|
0003| F. Any person making application to the board for a
|
0004| license to operate a new retail pharmacy, hospital pharmacy,
|
0005| wholesale drug [business] distributor or drug
|
0006| [manufacturing business] manufacturer in this state shall
|
0007| submit to the board an application for licensure indicating:
|
0008| (1) the name under which the business is to be
|
0009| operated;
|
0010| (2) the address of each location to be
|
0011| licensed and the address of the principal office of the
|
0012| business;
|
0013| (3) in the case of a retail pharmacy, the name
|
0014| and address of the owner, partner or officer or director of a
|
0015| corporate owner;
|
0016| (4) the type of business to be conducted at
|
0017| each location;
|
0018| (5) a rough drawing of the floor plan of each
|
0019| location to be licensed;
|
0020| (6) the proposed days and hours of operation
|
0021| of the business; and
|
0022| (7) other information the board may require.
|
0023| G. After preliminary approval of the application
|
0024| for a license for a retail pharmacy, a hospital pharmacy, a
|
0025| drug [manufacturing business] manufacturer or a wholesale
|
0001| drug [distribution business] distributor, a request for an
|
0002| inspection, together with an inspection fee not to exceed two
|
0003| hundred dollars ($200), shall be submitted to the board for
|
0004| each business location, and an inspection shall be made of each
|
0005| location by the board or its agent.
|
0006| H. Following a deficiency-free inspection, the
|
0007| executive director of the board may issue a temporary license
|
0008| to the applicant. The temporary license shall expire at the
|
0009| close of business on the last day of the next regular board
|
0010| meeting.
|
0011| [G.] I. Licenses [and permits] issued by the
|
0012| board [under] pursuant to this section are not transferable
|
0013| and shall expire on December 31 of each year unless renewed.
|
0014| Any person failing to renew his license [or permit] on or
|
0015| before December 31 of each year shall not have his license [or
|
permit] reinstated except upon reapplication and payment of
|
0017| a reinstatement fee set by the board in an amount not to exceed
|
0018| one hundred dollars ($100) and all delinquent renewal fees.
|
0019| [H.] J. The board, after notice and a refusal
|
0020| or failure to comply, [is authorized to] may suspend or
|
0021| revoke any license [or permit] issued under the provisions of
|
0022| the Pharmacy Act at any time examination or inspection of the
|
0023| operation for which the license [or permit] was granted
|
0024| discloses that [such place] the operation is not being
|
0025| conducted according to law or regulations of the board."
|
0001| Section 16. Section 61-11-14.1 NMSA 1978 (being Laws
|
0002| 1992, Chapter 19, Section 7) is amended to read:
|
0003| "61-11-14.1. NONRESIDENT PHARMACY LICENSURE--TOLL-FREE
|
0004| TELEPHONE SERVICE.--
|
0005| A. Any person making application to the board for a
|
0006| nonresident pharmacy license shall submit to the board an
|
0007| application for licensure that discloses the following
|
0008| information:
|
0009| (1) the address of the principal office of the
|
0010| nonresident pharmacy and the names and titles of all principal
|
0011| corporate officers and all pharmacists who are dispensing
|
0012| controlled substances or dangerous drugs to residents of this
|
0013| state. A report containing this information shall be made on
|
0014| an annual basis and within thirty days after any change of
|
0015| office location, corporate officer or pharmacist in charge;
|
0016| (2) that the nonresident pharmacy complies
|
0017| with all lawful directions and requests for information from
|
0018| the regulatory or licensing agency of the state in which it is
|
0019| a resident, as well as with requests for information made by
|
0020| the board pursuant to this section;
|
0021| (3) that the nonresident pharmacy maintains,
|
0022| at all times, a valid license, permit or registration to
|
0023| operate the pharmacy in compliance with the laws of the state
|
0024| in which it is a resident;
|
0025| (4) a copy of the most recent inspection
|
0001| report resulting from an inspection of the nonresident pharmacy
|
0002| conducted by the regulatory or licensing agency of the state in
|
0003| which it is a resident; and
|
0004| (5) that the nonresident pharmacy maintains
|
0005| its records of controlled substances or dangerous drugs that
|
0006| are dispensed to patients in this state so that the records are
|
0007| readily retrievable.
|
0008| B. A nonresident pharmacy licensed under this
|
0009| section shall provide a toll-free telephone service to
|
0010| facilitate communication between patients in this state and a
|
0011| pharmacist at the nonresident pharmacy who has access to the
|
0012| patient's records. A nonresident pharmacy shall provide the
|
0013| toll-free telephone service during its regular hours of
|
0014| operation, but not less than six days a week and for a minimum
|
0015| of forty hours a week. The toll-free telephone number shall be
|
0016| disclosed on a label affixed to each container of drugs
|
0017| dispensed to patients in this state.
|
0018| [C. Nothing in this section shall be construed to
|
authorize the dispensing of contact lenses by nonresident
|
pharmacies.]"
|
0021| Section 17. Section 61-11-15 NMSA 1978 (being Laws 1969,
|
0022| Chapter 29, Section 14, as amended) is amended to read:
|
0023| "61-11-15. PHARMACIES--SALE OF DRUGS--SUPERVISION
|
0024| REQUIREMENTS.--
|
0025| A. No owner [or proprietor] of a pharmacy
|
0001| shall:
|
0002| [A.] (1) fail to place a pharmacist in
|
0003| charge; [of the pharmacy; provided that this restriction shall
|
not apply to any person possessing only a limited license
|
issued under Subsection B of Section 67-9-45 NMSA 1953;
|
B.] (2) intentionally or fraudulently
|
0007| adulterate or cause to be adulterated or misbrand or cause to
|
0008| be misbranded any drugs compounded, sold or offered for sale in
|
0009| the pharmacy;
|
0010| [C.] (3) by himself or through any other
|
0011| person, permit the compounding of prescriptions or the selling
|
0012| of dangerous drugs [or poisons] in his place of business
|
0013| except by a pharmacist, [or a] pharmacist intern or pharmacy
|
0014| technician;
|
0015| [D.] (4) by himself or through any other
|
0016| person, sell, offer for sale, compound or dispense dangerous
|
0017| drugs [or poisons] without being a pharmacist, pharmacist
|
0018| intern or pharmacy technician; provided that veterinary drugs
|
0019| bearing the legend: "caution: federal law restricts this drug
|
0020| to use by or on the order of a licensed veterinarian" may be
|
0021| sold, offered for sale or distributed by persons holding a
|
0022| [limited] license issued [under] pursuant to Subsection B
|
0023| of Section [67-9-45 NMSA 1953] 61-11-14 NMSA 1978; or
|
0024| [E.] (5) operate a pharmacy without the
|
0025| appropriate license.
|
0001| B. Whenever an applicable law, rule or regulation
|
0002| requires or prohibits action by a pharmacy, responsibility for
|
0003| the violation shall be that of the owner and the pharmacist in
|
0004| charge."
|
0005| Section 18. Section 61-11-16 NMSA 1978 (being Laws 1969,
|
0006| Chapter 29, Section 15) is amended to read:
|
0007| "61-11-16. PHARMACIES--EQUIPMENT REQUIRED.--There shall
|
0008| be kept in every pharmacy, subject to review or testing by
|
0009| the board or its authorized agents, [modern prescription
|
balances with weights, the necessary graduates, mortars and
|
pestles, all in good condition, for compounding prescriptions,
|
and] such [books] references and [other] equipment as
|
0013| the board may
|
0014| designate by regulation."
|
0015| Section 19. Section 61-11-17 NMSA 1978 (being Laws 1969,
|
0016| Chapter 29, Section 16) is amended to read:
|
0017| "61-11-17. DISPLAY OF LICENSE.--[PERMIT OR CERTIFICATE.-
|
-The pharmacist in charge of a pharmacy, a pharmacist or a
|
pharmacist intern, and the owner of a pharmacy or other
|
pharmaceutical business shall cause their current certificate
|
of] Every person shall have his license or registration [or
|
their current permit or] and the license for the operation
|
0023| of the business [to be] conspicuously displayed in the
|
0024| pharmacy or place of business to which it applies or in which
|
0025| [they are] he is employed. [Failure to display a
|
certificate of registration or a license or permit shall cause
|
the certificate license or permit to be suspended until the
|
provisions of Section 13 of the Pharmacy Act are complied with
|
and the certificate license or permit is properly displayed.]"
|
0005| Section 20. Section 61-11-18 NMSA 1978 (being Laws 1969,
|
0006| Chapter 29, Section 17, as amended) is amended to read:
|
0007| "61-11-18. STATE LICENSE--ACTIONS AUTHORIZED.--The board
|
0008| shall [issue one] license [to the] department of health
|
0009| [and environment department of the state to cover all of its]
|
0010| clinics and other health facilities of the department where
|
0011| dangerous drugs are stored, distributed or dispensed. All such
|
0012| clinics or other health facilities of the department are
|
0013| subject to the provisions of the Pharmacy Act [must keep
|
records of all dangerous drugs and may be inspected by the
|
board or its agents at any reasonable time. The license shall
|
permit the health and environment department to:
|
A. acquire, possess, store and repackage dangerous
|
drugs for distribution to its clinics and other health
|
facilities, provided it is done under procedures developed by a
|
staff pharmacist of the department charged with the
|
responsibility for the distribution and accountability of the
|
drugs and the procedures are approved by the board;
|
B. receive, possess and store dangerous drugs in
|
any clinic or other health facility of the health and
|
environment department for use in any public health program;
|
and
|
C. dispense dangerous drugs in furtherance of any
|
public health program under the supervision of a pharmacist, a
|
consulting pharmacist or a licensed practitioner]."
|
0005| Section 21. A new section of the Pharmacy Act is enacted
|
0006| to read:
|
0007| "[NEW MATERIAL] REPORTS TO BOARD.--A licensee shall
|
0008| report in writing the occurrence of any of the following events
|
0009| to the board within thirty days of discovery:
|
0010| A. permanent closing of a licensed premises;
|
0011| B. change of ownership, management, location or
|
0012| pharmacist in charge;
|
0013| C. theft or loss of drugs or devices;
|
0014| D. conviction of an employee for violating any
|
0015| federal or state drug laws;
|
0016| E. theft, destruction or loss of records required
|
0017| by federal or state law to be maintained;
|
0018| F. occurrences of significant adverse drug
|
0019| reactions, as defined by regulations of the board;
|
0020| G. dissemination of confidential information or
|
0021| personally identifiable information to a person other than a
|
0022| person authorized by the provisions of the Pharmacy Act or
|
0023| regulations adopted pursuant to that act to receive such
|
0024| information; and
|
0025| H. other matters or occurrences as the board may
|
0001| require by regulation."
|
0002| Section 22. Section 61-11-20 NMSA 1978 (being Laws 1969,
|
0003| Chapter 29, Section 19, as amended) is amended to read:
|
0004| "61-11-20. DISCIPLINARY PROCEEDINGS--UNIFORM LICENSING
|
0005| ACT.--
|
0006| A. In accordance with the Uniform Licensing Act,
|
0007| the board may deny, withhold, suspend or revoke any
|
0008| [certificate of] registration or license held or applied for
|
0009| under the Pharmacy Act upon grounds that the licensee or
|
0010| applicant:
|
0011| (1) is guilty of gross immorality or
|
0012| dishonorable or unprofessional conduct as defined by regulation
|
0013| of the board;
|
0014| (2) is convicted of a violation of any federal
|
0015| law relating to controlled substances, any federal food and
|
0016| drug law or any federal law requiring the maintenance of drug
|
0017| records;
|
0018| (3) is guilty of a violation of the Controlled
|
0019| Substances Act, the Pharmacy Act or the New Mexico Drug,
|
0020| Device and Cosmetic Act;
|
0021| (4) is addicted to the use of dangerous drugs
|
0022| or narcotic drugs of any kind;
|
0023| (5) is habitually intemperate;
|
0024| (6) is guilty of knowingly or fraudulently
|
0025| adulterating or misbranding or causing to be adulterated or
|
0001| misbranded any drugs;
|
0002| (7) is guilty of procuring or attempting to
|
0003| procure [registration] licensure as a pharmacist or
|
0004| pharmacist intern, registration as a pharmacy technician or
|
0005| licensure for a pharmacy or pharmaceutical business in this
|
0006| state for himself or another by knowingly making or causing to
|
0007| be made false representations to the board;
|
0008| (8) is unfit or unable to practice pharmacy by
|
0009| reason of a physical or mental disease or disability as
|
0010| determined by the board and based on competent medical
|
0011| authority, during the period of such disability; [or]
|
0012| (9) fails to maintain any drug records
|
0013| required by any federal law resulting in the condemnation of
|
0014| any drugs in his possession or control;
|
0015| (10) is convicted of any felony;
|
0016| (11) has furnished false or fraudulent
|
0017| material in any application made in connection with drug or
|
0018| device manufacturing or distribution;
|
0019| (12) has had any drug manufacturer or
|
0020| wholesale drug distributor license suspended or revoked;
|
0021| (13) has obtained any remuneration for
|
0022| professional services by fraud, misrepresentation or deception;
|
0023| (14) has dealt with drugs or devices that he
|
0024| knew or should have known were stolen;
|
0025| (15) has purchased or received a drug or
|
0001| device from a source other than a person or pharmacy licensed
|
0002| pursuant to the Pharmacy Act, unless otherwise provided in that
|
0003| act, the Controlled Substances Act or the New Mexico Drug,
|
0004| Device and Cosmetic Act;
|
0005| (16) is a wholesale drug distributor other
|
0006| than a pharmacy and dispenses or distributes drugs or devices
|
0007| directly to a patient;
|
0008| (17) has violated any rule or regulation
|
0009| adopted by the board pursuant to the Pharmacy Act; or
|
0010| (18) has divulged or revealed confidential
|
0011| information or personally identifiable information to a person
|
0012| other than a person authorized by the provisions of the
|
0013| Pharmacy Act or regulations adopted pursuant to that act to
|
0014| receive such information.
|
0015| B. Disciplinary proceedings may be instituted by
|
0016| any person, shall be by sworn complaint and shall conform with
|
0017| the provisions of the Uniform Licensing Act. Any party to the
|
0018| hearing may obtain a copy of the hearing record upon payment of
|
0019| costs for the copy.
|
0020| C. The board may modify any prior order of
|
0021| revocation, suspension or refusal to issue a license [or
|
certificate of registration] of a pharmacist or a pharmacist
|
0023| intern or registration of a pharmacy technician but only upon
|
0024| a finding by the board that there no longer exist any grounds
|
0025| for disciplinary action; provided that any cessation of the
|
0001| practice of pharmacy for twelve months or more shall require
|
0002| the pharmacist to undergo additional education, internship or
|
0003| examination as the board determines necessary.
|
0004| [D. Nothing in the Pharmacy Act shall be construed
|
as requiring the board to report, for the institution of
|
proceedings, minor violations of the Pharmacy Act whenever the
|
board believes that the public interest will be adequately
|
served by a suitable written notice or warning or by a
|
suspension of a certificate of registration, license or permit
|
for a period not to exceed thirty days after an informal
|
hearing.]"
|
0012| Section 23. Section 61-11-21 NMSA 1978 (being Laws 1969,
|
0013| Chapter 29, Section 20, as amended) is amended to read:
|
0014| "61-11-21. LICENSING OF PHARMACISTS AND PHARMACIES
|
0015| REQUIRED.--
|
0016| A. Unless he is a pharmacist or is exempted under
|
0017| the Pharmacy Act, no person shall sell at retail any dangerous
|
0018| drug [or poison], compound any prescription or acquire and
|
0019| possess any dangerous drug without its being prescribed.
|
0020| B. No person shall conduct or operate a place used
|
0021| for the retail sale, compounding or dispensing of drugs or
|
0022| prescriptions or a place represented by a sign or by
|
0023| advertisement to have a business name or specialization that
|
0024| includes the words "pharmacist", "pharmacy", "apothecary",
|
0025| "apothecary shop", "chemist's shop", "drug store", "drugs",
|
0001| "druggist", "drug sundries", "prescriptions" or any combination
|
0002| [thereof] of these or any other words of similar import or
|
0003| by an insignia or device that might indicate to the public that
|
0004| the place is a pharmacy unless [(1)] the place is licensed by
|
0005| the board under the Pharmacy Act [and
|
(2) the business being conducted on the
|
licensed premises constantly employs, on a regular basis, a
|
pharmacist].
|
0009| C. No person shall permit anyone in his employ or
|
0010| under his supervision, except a pharmacist [or a], pharmacist
|
0011| intern or pharmacy technician, to compound, dispense, label
|
0012| or otherwise prepare prescriptions.
|
0013| D. The provisions of Subsections A, B and C of this
|
0014| section shall not apply to a person possessing a [limited]
|
0015| license issued [under] pursuant to Subsection B of Section
|
0016| [67-9-45 NMSA 1953] 61-11-14 NMSA 1978 for the sale or
|
0017| distribution of veterinary drugs bearing the legend: "caution:
|
0018| federal law restricts this drug to use by or on the order of a
|
0019| licensed veterinarian"; provided that the possessors of such a
|
0020| license may only sell or distribute such drugs on the order of
|
0021| a licensed veterinarian and may not represent their place of
|
0022| business by a sign or advertisement that includes the words
|
0023| "pharmacist", "pharmacy", "apothecary", "apothecary shop",
|
0024| "chemist's shop", "drug store", "drugs", "druggist", "drug
|
0025| sundries", "prescriptions" or any combination [thereof] of
|
0001| these or any words of similar import or by an insignia or
|
0002| device that might indicate to the public that the place is a
|
0003| pharmacy."
|
0004| Section 24. Section 61-11-22 NMSA 1978 (being Laws 1969,
|
0005| Chapter 29, Section 21) is amended to read:
|
0006| "61-11-22. EXEMPTIONS FROM ACT.--
|
0007| A. The Pharmacy Act does not apply to licensed
|
0008| practitioners in this state in supplying to their patients any
|
0009| drug if the licensed practitioner is practicing his profession
|
0010| and does not keep a pharmacy, advertised or otherwise, for the
|
0011| retailing of dangerous drugs [or poisons].
|
0012| B. The Pharmacy Act does not prevent:
|
0013| (1) the personal administration of drugs
|
0014| carried by a licensed practitioner in order to supply the
|
0015| immediate needs of his patients; or
|
0016| (2) the sale of non-narcotic proprietary
|
0017| preparations."
|
0018| Section 25. Section 61-11-23 NMSA 1978 (being Laws 1969,
|
0019| Chapter 29, Section 22, as amended) is amended to read:
|
0020| "61-11-23. CONSTRUCTION OF LAWS RELATING TO DRUGS.--
|
0021| A. The Pharmacy Act does not amend or repeal any of
|
0022| the laws [which] that govern the manufacture, sale or
|
0023| distribution of controlled substances.
|
0024| [B. The Pharmacy Act does not prevent or apply to
|
the sale or use of economic poisons as defined under the New
|
Mexico Economic Poisons Act of 1951.
|
C.] B. The Pharmacy Act does not amend or repeal
|
0003| the New Mexico Drug, Device and Cosmetic Act."
|
0004| Section 26. Section 61-11-24 NMSA 1978 (being Laws 1969,
|
0005| Chapter 29, Section 23, as amended) is amended to read:
|
0006| "61-11-24. VIOLATIONS--PENALTIES.--
|
0007| A. It is a [petty] misdemeanor for any person
|
0008| to:
|
0009| [A.] (1) practice or attempt to practice
|
0010| pharmacy without a [certificate of registration and a]
|
0011| current license from the board;
|
0012| [B.] (2) use the title of [a] registered
|
0013| pharmacist unless he is licensed as such [under] pursuant
|
0014| to the Pharmacy Act;
|
0015| [C.] (3) procure or attempt to procure
|
0016| [registration] licensure as a pharmacist or to procure a
|
0017| license for a pharmacy for himself or another by making or
|
0018| causing to be made false representations to the board;
|
0019| [D.] (4) allow any other person in his
|
0020| employ or under his supervision to compound or dispense
|
0021| prescriptions [or sell or compound poisons] unless he is a
|
0022| pharmacist, [or registered as a] pharmacist intern or
|
0023| pharmacy technician in accordance with the Pharmacy Act or
|
0024| exempted [under] from the provisions of [the] that act;
|
0025| or
|
0001| [E.] (5) own, operate or maintain a
|
0002| pharmacy, hospital pharmacy, clinic, custodial care facility or
|
0003| drug distribution business unless licensed to do so [under]
|
0004| pursuant to the Pharmacy Act.
|
0005| B. A person convicted pursuant to Subsection A of
|
0006| this section shall be sentenced pursuant to the provisions of
|
0007| Section 31-19-1 NMSA 1978."
|
0008| Section 27. Section 61-11-25 NMSA 1978 (being Laws 1969,
|
0009| Chapter 29, Section 24) is amended to read:
|
0010| "61-11-25. POWER TO ENJOIN VIOLATIONS.--In addition to
|
0011| the remedies provided in the Pharmacy Act, the board [of
|
pharmacy is hereby authorized to] may apply to the district
|
0013| court for [and such court shall have jurisdiction upon hearing
|
and for good cause shown to grant] a temporary or permanent
|
0015| injunction restraining any person from violating any provision
|
0016| of the Pharmacy Act irrespective of whether or not there exists
|
0017| an adequate remedy at law."
|
0018| Section 28. Section 61-11-27 NMSA 1978 (being Laws 1969,
|
0019| Chapter 29, Section 26) is amended to read:
|
0020| "61-11-27. TRANSFER OF FUNDS.--All [funds which have]
|
0021| money that has accumulated to the credit of the board under
|
0022| any previous law shall be continued for use by the board in the
|
0023| administration of the Pharmacy Act and any other laws being
|
0024| administered by the board."
|
0025| Section 29. Section 61-11-28 NMSA 1978 (being Laws 1969,
|
0001| Chapter 29, Section 28) is amended to read:
|
0002| "61-11-28. UNIFORM LICENSING ACT.--The board [of
|
Pharmacy shall be] is subject to all the provisions of the
|
0004| Uniform Licensing Act."
|
0005| Section 30. Section 61-11-29 NMSA 1978 (being Laws 1979,
|
0006| Chapter 266, Section 2, as amended) is amended to read:
|
0007| "61-11-29. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--
|
0008| The board of pharmacy is terminated on July 1, [1997] 2003
|
0009| pursuant to the Sunset Act. The board shall continue to
|
0010| operate according to the provisions of Chapter 61, Article 11
|
0011| NMSA 1978 until July 1, [1998] 2004. Effective July 1,
|
0012| [1998 Article 11 of] 2004, Chapter 61, Article 11 NMSA
|
0013| 1978 is repealed."
|
0014| Section 31. TEMPORARY PROVISION--PHARMACY BOARD EXEMPT
|
0015| FROM AUTHORITY OF REGULATION AND LICENSING DEPARTMENT.--
|
0016| A. The pharmacy board is not administratively
|
0017| attached to the regulation and licensing department. Executive
|
0018| Order 86-10 issued pursuant to legislative authority provided
|
0019| in Laws 1983, Chapter 297, Section 30 is void as it pertains to
|
0020| the control and supervision of the pharmacy board by the
|
0021| regulation and licensing department.
|
0022| B. On the effective date of this act, all money,
|
0023| records, supplies, equipment, furniture and other personal
|
0024| property belonging to the pharmacy board that is held by the
|
0025| regulation and licensing department shall be transferred to the
|
0001| pharmacy board.
|
0002|
|
0003| State of New Mexico
|
0004| House of Representatives
|
0005|
|
0006| FORTY-THIRD LEGISLATURE
|
0007| FIRST SESSION, 1997
|
0008|
|
0009|
|
0010| February 4, 1997
|
0011|
|
0012|
|
0013| Mr. Speaker:
|
0014|
|
0015| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
|
0016| whom has been referred
|
0017|
|
0018| HOUSE BILL 84
|
0019|
|
0020| has had it under consideration and reports same with
|
0021| recommendation that it DO PASS, amended as follows:
|
0022|
|
0023| 1. On page 3, line 1, before the semicolon insert "as a
|
0024| result of an order of a licensed practitioner".
|
0025|
|
0001| 2. On page 3, line 11, after "prescription" strike the
|
0002| remainder of the line and strike all of line 12.
|
0003|
|
0004| 3. On page 3, line 19, after "patient's" insert "pharmacy".
|
0005|
|
0006| 4. On page 3, line 21, strike "that is privileged".
|
0007|
|
0008| 5. On page 3, line 23, after "professionals" insert
|
0009| "as defined by regulation of the board".
|
0010|
|
0011| 6. On page 3, line 24, after "when" strike the line through
|
0012| the comma.
|
0013|
|
0014| 7. On page 3, line 25, after the semicolon strike "and" and
|
0015| insert in lieu thereof "or".
|
0016|
|
0017| 8. On page 5, line 17, strike "interpretation,".
|
0018|
|
0019| 9. On page 9, line 7, after "services" insert "related to
|
0020| drug therapy".
|
0021|
|
0022| 10. On page 10, line 18, strike "interpretation,".
|
0023|
|
0024| 11. On page 10, line 20, after "selection" strike the first
|
0025| comma and insert in lieu thereof "or".
|
0001|
|
0002| 12. On page 10, line 20, before the comma at the end of the
|
0003| line insert "that has been ordered by a licensed practitioner". ,
|
0004|
|
0005|
|
0006|
|
0007| and thence referred to the JUDICIARY COMMITTEE.
|
0008|
|
0009| Respectfully submitted,
|
0010|
|
0011|
|
0012|
|
0013|
|
0014|
|
0015| Gary K. King, Chairman
|
0016|
|
0017|
|
0018| Adopted Not Adopted
|
0019|
|
0020| (Chief Clerk) (Chief Clerk)
|
0021|
|
0022| Date
|
0023|
|
0024| The roll call vote was 9 For 0 Against
|
0025| Yes: 9
|
0001| Excused: Vigil
|
0002| Absent: None
|
0003|
|
0004|
|
0005| 115707.1
|
0006| G:\BILLTEXT\BILLW_97\H0084 State of New Mexico
|
0007| House of Representatives
|
0008|
|
0009| FORTY-THIRD LEGISLATURE
|
0010| FIRST SESSION, 1997
|
0011|
|
0012|
|
0013| February 15, 1997
|
0014|
|
0015|
|
0016| Mr. Speaker:
|
0017|
|
0018| Your JUDICIARY COMMITTEE, to whom has been referred
|
0019|
|
0020| HOUSE BILL 84
|
0021|
|
0022| has had it under consideration and reports same with
|
0023| recommendation that it DO PASS, amended as follows:
|
0024|
|
0025| 1. On page 37, lines 11 through 13, strike the brackets
|
0001| and line through.
|
0002|
|
0003| Respectfully submitted,
|
0004|
|
0005|
|
0006|
|
0007|
|
0008|
|
0009| Thomas P. Foy, Chairman
|
0010|
|
0011|
|
0012| Adopted Not Adopted
|
0013|
|
0014| (Chief Clerk) (Chief Clerk)
|
0015|
|
0016| Date
|
0017|
|
0018| The roll call vote was 9 For 0 Against
|
0019| Yes: 9
|
0020| Excused: Carpenter, Luna, Mallory, Rios
|
0021| Absent: None
|
0022|
|
0023|
|
0024| .116647.1
|
0025| G:\BILLTEXT\BILLW_97\H0084 FORTY-THIRD LEGISLATURE
|
0001| FIRST SESSION
|
0002|
|
0003|
|
0004| February 16, 1997
|
0005|
|
0006|
|
0007| HOUSE FLOOR AMENDMENT number ___2___ to HOUSE BILL 84, as amended
|
0008|
|
0009| Amendment sponsored by Representative Gary K. King
|
0010|
|
0011| 1. On pages 49 and 50, strike Section 31 in its entirety.
|
0012|
|
0013|
|
0014|
|
0015|
|
0016|
|
0017|
|
0018|
|
0019|
|
0020|
|
0021|
|
0022| ___________________________
|
0023| Gary K. King
|
0024|
|
0025|
|
0001|
|
0002| Adopted _________________ Not Adopted __________________________
|
0003| (Chief Clerk) (Chief Clerk)
|
0004|
|
0005|
|
0006| Date ________________ FORTY-THIRD LEGISLATURE
|
0007| FIRST SESSION
|
0008|
|
0009| February 18, 1997
|
0010|
|
0011| HOUSE FLOOR AMENDMENT number ___1___ to HOUSE BILL 84, as amended
|
0012|
|
0013| Amendment sponsored by Representative Gary K. King
|
0014|
|
0015|
|
0016| 1. Strike House Consumer and Public Affairs Committee amendment
|
0017| 6.
|
0018|
|
0019| 2. On page 3, line 22, after "or" strike the comma and after
|
0020| "directs" strike the comma and insert "; or".
|
0021|
|
0022| 3. On page 31, strike lines 11 and 12.
|
0023|
|
0024| 4. Renumber the succeeding paragraphs accordingly.
|
0025|
|
0001| 5. On page 32, lines 18 and 19, strike "pharmaceutical sales
|
0002| representative,".
|
0003|
|
0004| 6. On page 35, line 18, strike the quotation marks and between
|
0005| lines 18 and 19, insert:
|
0006|
|
0007| "K. Pharmaceutical sales representatives who carry dangerous
|
0008| drugs shall register with the board. The board may charge a fee not to
|
0009| exceed fifty dollars ($50.00) for registration and annual renewal.
|
0010| Pharmaceutical sales representatives are not subject to the licensing
|
0011| provisions of the Pharmacy Act."".
|
0012|
|
0013|
|
0014|
|
0015| ___________________________
|
0016| Gary K. King
|
0017|
|
0018|
|
0019|
|
0020| Adopted ___________________ Not Adopted ___________________________
|
0021| (Chief Clerk) (Chief Clerk)
|
0022|
|
0023|
|
0024| Date ________________
|
0025|
|
0001|
|
0002|
|
0003|
|
0004|
|
0005|
|
0006| FORTY-THIRD LEGISLATURE
|
0007| FIRST SESSION, 1997
|
0008|
|
0009|
|
0010| February 19, 1997
|
0011|
|
0012| HOUSE FLOOR AMENDMENT number 3 to
|
0013| HOUSE BILL 84, as amended
|
0014|
|
0015| Amendment sponsored by Representative Max Coll
|
0016|
|
0017| 1. On page 49 strike lines 16 through 23.
|
0018|
|
0019| 2. Renumber succeeding sections accordingly.
|
0020|
|
0021| Respectfully submitted,
|
0022|
|
0023|
|
0024|
|
0025|
|
0001| Max Coll
|
0002|
|
0003|
|
0004| Adopted ___________________ Not Adopted____________________
|
0005| (Chief Clerk) (Chief Clerk)
|
0006|
|
0007| Date _________________
|
0008|
|
0009|
|
0010|
|
0011| G:\BILLTEXT\BILLW_97\H0084 FORTY-THIRD LEGISLATURE
|
0012| FIRST SESSION, 1997 HB 84/a
|
0013|
|
0014|
|
0015| March 15, 1997
|
0016| Mr. President:
|
0017|
|
0018| Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
|
0019|
|
0020| HOUSE BILL 84, as amended
|
0021|
|
0022| has had it under consideration and reports same with recommendation
|
0023| that it DO PASS, amended as follows:
|
0024|
|
0025| 1. On page 31, line 20, strike "public" and insert in lieu
|
0001| thereof "community".
|
0002|
|
0003| 2. On page 31, between lines 20 and 21, insert a new paragraph:
|
0004|
|
0005| "(9) department of health public health offices;".
|
0006|
|
0007| 3. Renumber succeeding paragraphs accordingly.
|
0008|
|
0009| 4. On page 33, line 2, strike "public" and insert in lieu thereof
|
0010| "community" and after the second semicolon insert "a department of
|
0011| health public health office;".,
|
0012|
|
0013| and thence referred to the CORPORATIONS & TRANSPORTATION
|
0014| COMMITTEE.
|
0015|
|
0016| Respectfully submitted,
|
0017|
|
0018|
|
0019| __________________________________
|
0020| Shannon Robinson, Chairman
|
0021|
|
0022| Adopted_______________________ Not Adopted_______________________
|
0023| (Chief Clerk) (Chief Clerk)
|
0024|
|
0025| Date ________________________
|
0001|
|
0002| The roll call vote was 6 For 0 Against
|
0003| Yes: 6
|
0004| No: 0
|
0005| Excused: Garcia, Ingle, Vernon
|
0006| Absent: None
|
0007|
|
0008|
|
0009| H0084PA1 .117802.1
|
0010|
|
0011|
|
0012|
|
0013|
|
0014|
|
0015| FORTY-THIRD LEGISLATURE
|
0016| FIRST SESSION, 1997 HB 84/a
|
0017|
|
0018|
|
0019| March 19, 1997
|
0020|
|
0021| Mr. President:
|
0022|
|
0023| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to whom
|
0024| has been referred
|
0025|
|
0001| HOUSE BILL 84, as amended
|
0002|
|
0003| has had it under consideration and reports same with recommendation
|
0004| that it DO PASS, amended as follows:
|
0005|
|
0006| 1. On page 26, line 5, strike "sixteen" and insert in lieu
|
0007| thereof, "eighteen".
|
0008|
|
0009| 2. On page 40, line 24, strike "thirty" and insert in lieu
|
0010| thereof "fifteen".
|
0011|
|
0012|
|
0013| Respectfully submitted,
|
0014|
|
0015|
|
0016|
|
0017| __________________________________
|
0018| Roman M. Maes, III, Chairman
|
0019|
|
0020|
|
0021|
|
0022| Adopted_______________________ Not Adopted_______________________
|
0023| (Chief Clerk) (Chief Clerk)
|
0024|
|
0025|
|
0001| Date ________________________
|
0002|
|
0003|
|
0004| The roll call vote was 7 For 0 Against
|
0005| Yes: 7
|
0006| No: 0
|
0007| Excused: Griego, Leavell, McKibben
|
0008| Absent: None
|
0009|
|
0010|
|
0011| H0084CT1
|
0012|
|