0001| SENATE BILL 378
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| CISCO MCSORLEY
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO HEALTH; PROVIDING CERTIFIED NURSE-MIDWIVES
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0012| AUTHORITY TO PRESCRIBE, PROVIDE AND ADMINISTER DRUGS AND
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0013| CONTROLLED SUBSTANCES.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. A new section of the NMSA 1978 is enacted to
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0017| read:
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0018| "[NEW MATERIAL] CERTIFIED NURSE-MIDWIVES--PRESCRIPTIVE
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0019| AND DISPENSING AUTHORITY.--
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0020| A. Certified nurse-midwives who have fulfilled
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0021| requirements for prescriptive authority may prescribe in
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0022| accordance with rules, regulations, guidelines and formularies
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0023| for individual certified nurse-midwives promulgated by the
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0024| department of health.
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0025| B. As used in this section, "prescriptive
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0001| authority" means the ability of the certified nurse-midwife to
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0002| practice independently, serve as a primary care provider and,
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0003| as necessary, collaborate with licensed medical doctors or
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0004| osteopathic physicians. Certified nurse-midwives who have
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0005| fulfilled requirements for prescribing drugs may prescribe,
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0006| provide and administer to their patients dangerous drugs,
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0007| including controlled substances included in Schedules II
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0008| through V of the Controlled Substances Act, that have been
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0009| prepared, packaged or fabricated by a licensed pharmacist or
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0010| doses of drugs that have been prepackaged by a pharmaceutical
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0011| manufacturer in accordance with the Pharmacy Act and the New
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0012| Mexico Drug, Device and Cosmetic Act."
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0013| Section 2. Section 26-1-2 NMSA 1978 (being Laws 1967,
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0014| Chapter 23, Section 2, as amended) is amended to read:
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0015| "26-1-2. DEFINITIONS.--As used in the New Mexico Drug,
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0016| Device and Cosmetic Act:
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0017| A. "board" means the board of pharmacy or its duly
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0018| authorized agent;
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0019| B. "person" includes individual, partnership,
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0020| corporation, association, institution or establishment;
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0021| C. "biological product" means any virus,
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0022| therapeutic serum, toxin, antitoxin or analogous product
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0023| applicable to the prevention, treatment or cure of diseases or
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0024| injuries of man and domestic animals and, as used within the
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0025| meaning of this definition:
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0001| (1) a "virus" is interpreted to be a product
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0002| containing the minute living cause of an infectious disease and
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0003| includes but is not limited to filterable viruses, bacteria,
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0004| rickettsia, fungi and protozoa;
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0005| (2) a "therapeutic serum" is a product
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0006| obtained from blood by removing the clot or clot components and
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0007| the blood cells;
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0008| (3) a "toxin" is a product containing a
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0009| soluble substance poisonous to laboratory animals or man in
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0010| doses of one milliliter or less of the product and having the
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0011| property, following the injection of nonfatal doses into an
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0012| animal, or causing to be produced therein another soluble
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0013| substance which specifically neutralizes the poisonous
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0014| substance and which is demonstrable in the serum of the animal
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0015| thus immunized; and
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0016| (4) an "antitoxin" is a product containing the
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0017| soluble substance in serum or other body fluid of an immunized
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0018| animal which specifically neutralizes the toxin against which
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0019| the animal is immune;
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0020| D. "controlled substance" means any drug, substance
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0021| or immediate precursor enumerated in Schedules I through V of
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0022| the Controlled Substances Act;
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0023| E. "drug" means:
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0024| (1) articles recognized in an official
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0025| compendium;
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0001| (2) articles intended for use in the
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0002| diagnosis, cure, mitigation, treatment or prevention of disease
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0003| in man or other animals and includes the domestic animal
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0004| biological products regulated under the federal Virus-Serum-
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0005| Toxin Act, 37 Stat 832-833, 21 U.S.C. 151-158 and the
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0006| biological products applicable to man regulated under Federal
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0007| 58 Stat 690, as amended, 42 U.S.C. 216, Section 351, and 58
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0008| Stat 702, as amended, 42 U.S.C. 262;
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0009| (3) articles other than food which affect the
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0010| structure or any function of the body of man or other animals;
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0011| and
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0012| (4) articles intended for use as a component
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0013| of Paragraph (1), (2) or (3) of this subsection, but does not
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0014| include devices or their component parts or accessories;
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0015| F. "dangerous drug" means a drug, other than a
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0016| controlled substance enumerated in Schedule I of the Controlled
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0017| Substances Act, which because of any potentiality for harmful
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0018| effect or the method of its use or the collateral measures
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0019| necessary to its use is not safe except under the supervision
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0020| of a practitioner licensed by law to direct the use of such
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0021| drug and hence for which adequate directions for use cannot be
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0022| prepared. "Adequate directions for use" means directions under
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0023| which the layman can use a drug or device safely and for the
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0024| purposes for which it is intended. A drug shall be dispensed
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0025| only upon the prescription of a practitioner licensed by law to
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0001| administer or prescribe such drug if it:
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0002| (1) is a habit-forming drug and contains any
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0003| quantity of a narcotic or hypnotic substance, or any chemical
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0004| derivative of such substance, which has been found under the
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0005| federal act and the board to be habit-forming;
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0006| (2) because of its toxicity or other
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0007| [potentiality] potential for harmful effect or the method
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0008| of its use or the collateral measures necessary to its use is
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0009| not safe for use except under the supervision of a practitioner
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0010| licensed by law to administer or prescribe such drug;
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0011| (3) is limited by an approved application by
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0012| Section 505 of the federal act to the use under the
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0013| professional supervision of a practitioner licensed by law to
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0014| administer or prescribe such drug;
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0015| (4) bears the legend: "Caution: federal law
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0016| prohibits dispensing without prescription."; or
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0017| (5) bears the legend: "Caution: federal law
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0018| restricts this drug to use by or on the order of a licensed
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0019| veterinarian.";
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0020| G. "counterfeit drug" means a drug other than a
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0021| controlled substance which, or the container or labeling of
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0022| which, without authorization, bears the trademark, trade name
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0023| or other identifying mark, imprint or device, or any likeness,
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0024| of a drug manufacturer, processor, packer or distributor other
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0025| than the person who in fact manufactured, processed, packed or
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0001| distributed such drug and which falsely purports or is
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0002| represented to be the product of or to have been packed or
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0003| distributed by such other drug manufacturer, processor, packer
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0004| or distributor;
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0005| H. "device", except when used in Subsection P of
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0006| this section and in Subsection G of Section 26-1-3, Subsection
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0007| L and Paragraph (4) of Subsection A of Section 26-1-11 and
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0008| Subsection C of Section 26-1-24 NMSA 1978, means an instrument,
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0009| apparatus, implement, machine, contrivance, implant, in vitro
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0010| reagent or other similar or related article, including any
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0011| component, part or accessory, which is:
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0012| (1) recognized in an official compendium;
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0013| (2) intended for use in the diagnosis of
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0014| disease or other conditions, or in the cure, mitigation,
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0015| treatment or prevention of disease, in man or other animals; or
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0016| (3) intended to affect the structure or any
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0017| function of the body of man or other animals and which does not
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0018| achieve any of its principal intended purposes through chemical
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0019| action within or on the body of man or other animals and which
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0020| is not dependent upon being metabolized for achievement of any
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0021| of its principal intended purposes;
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0022| I. "prescription" means an order given individually
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0023| for the person for whom prescribed, either directly from the
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0024| prescriber to the pharmacist or indirectly by means of a
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0025| written order signed by the prescriber, and bearing the name
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0001| and address of the prescriber, his license classification, the
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0002| name and address of the patient, the name and quantity of the
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0003| drug prescribed, directions for use and the date of issue. No
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0004| person other than a practitioner shall prescribe or write a
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0005| prescription;
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0006| J. "practitioner" means a physician, dentist,
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0007| veterinarian, certified nurse-midwife or other person
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0008| licensed or certified to prescribe and administer drugs
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0009| [which] that are subject to the New Mexico Drug, Device and
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0010| Cosmetic Act;
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0011| K. "cosmetic" means:
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0012| (1) articles intended to be rubbed, poured,
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0013| sprinkled or sprayed on, introduced into or otherwise applied
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0014| to the human body or any part thereof for cleansing,
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0015| beautifying, promoting attractiveness or altering the
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0016| appearance; and
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0017| (2) articles intended for use as a component
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0018| of any articles enumerated in Paragraph (1) of this subsection,
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0019| except that the term shall not include soap;
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0020| L. "official compendium" means the official United
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0021| States pharmacopoeia national formulary or the official
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0022| homeopathic pharmacopoeia of the United States or any sup-
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0023|
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0024| plement to either of them;
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0025| M. "label" means a display of written, printed or
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0001| graphic matter upon the immediate container of any article. A
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0002| requirement made by or under the authority of the New Mexico
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0003| Drug, Device and Cosmetic Act that any word, statement or other
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0004| information appear on the label shall not be considered to be
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0005| complied with unless the word, statement or other information
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0006| also appears on the outside container or wrapper, if any, of
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0007| the retail package of the article or is easily legible through
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0008| the outside container or wrapper;
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0009| N. "immediate container" does not include package
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0010| liners;
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0011| O. "labeling" means all labels and other written,
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0012| printed or graphic matter:
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0013| (1) upon any article or any of its containers
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0014| or wrappers; or
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0015| (2) accompanying any article;
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0016| P. "misbranded" means a label to an article which
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0017| is misleading. In determining whether the label is misleading,
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0018| there shall be taken into account, among other things, not only
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0019| representations made or suggested by statement, word, design,
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0020| device or any combination of the foregoing, but also the extent
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0021| to which the label fails to reveal facts material in the light
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0022| of such representations or material with respect to
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0023| consequences which may result from the use of the article to
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0024| which the label relates under the conditions of use prescribed
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0025| in the label or under such conditions of use as are customary
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0001| or usual;
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0002| Q. "advertisement" means all representations
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0003| disseminated in any manner or by any means, other than by
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0004| labeling, for the purpose of inducing, or which are likely to
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0005| induce, directly or indirectly, the purchase of drugs, devices
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0006| or cosmetics;
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0007| R. "antiseptic", when used in the labeling or
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0008| advertisement of an antiseptic, shall be considered to be a
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0009| representation that it is a germicide, except in the case of a
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0010| drug purporting to be or represented as an antiseptic for
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0011| inhibitory use as a wet dressing, ointment, dusting powder or
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0012| such other use as involves prolonged contact with the body;
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0013| S. "new drug" means:
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0014| (1) any drug, the composition of which is such
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0015| that the drug is not generally recognized, among experts
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0016| qualified by scientific training and experience to evaluate the
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0017| safety and efficacy of drugs, as safe and effective for use
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0018| under the conditions prescribed, recommended or suggested in
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0019| the labeling thereof; or
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0020| (2) any drug, the composition of which is such
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0021| that the drug, as a result of investigation to determine its
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0022| safety and efficacy for use under such conditions, has become
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0023| so recognized, but which has not, otherwise than in such
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0024| investigations, been used to a material extent or for a
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0025| material time under such conditions;
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0001| T. "contaminated with filth" applies to any drug,
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0002| device or cosmetic not securely protected from dirt, dust and,
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0003| as far as may be necessary by all reasonable means, from all
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0004| foreign or injurious contaminations, or any drug, device or
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0005| cosmetic found to contain any dirt, dust, foreign or injurious
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0006| contamination or infestation;
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0007| U. "selling of drugs, devices or cosmetics" shall
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0008| be considered to include the manufacture, production,
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0009| processing, packing, exposure, offer, possession and holding of
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0010| any such article for sale and the sale and the supplying or
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0011| applying of any such article in the conduct of any drug or
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0012| cosmetic establishment;
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0013| V. "color additive" means a material which:
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0014| (1) is a dye, pigment or other substance made
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0015| by a process of synthesis or similar artifice or extracted,
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0016| isolated or otherwise derived, with or without intermediate or
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0017| final change of identity, from a vegetable, mineral, animal or
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0018| other source; or
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0019| (2) when added or applied to a drug or
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0020| cosmetic or to the human body or any part thereof, is capable,
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0021| alone or through reaction with other substances, of imparting
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0022| color thereto; except that such term does not include any
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0023| material which has been or hereafter is exempted under the
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0024| federal act;
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0025| W. "federal act" means the Federal Food, Drug and
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0001| Cosmetic Act;
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0002| X. "restricted device" means a device for which the
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0003| sale, distribution or use is lawful only upon the written or
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0004| oral authorization of a practitioner licensed by law to
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0005| administer, prescribe or use the device and for which the
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0006| federal food and drug administration requires special training
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0007| or skills of the practitioner to use or prescribe. This
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0008| definition does not include custom devices defined in the
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0009| federal act and exempt from performance standards or premarket
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0010| approval requirements under Section 520 (b) of the federal act;
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0011| and
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0012| Y. "prescription device" means a device which,
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0013| because of its potential for harm, the method of its use or the
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0014| collateral measures necessary to its use, is not safe except
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0015| under the supervision of a practitioner licensed in this state
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0016| to direct the use of such device and for which "adequate
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0017| directions for use" cannot be prepared, but which bears the
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0018| label: "Caution: federal law restricts this device to sale by
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0019| or on the order of a ", the blank to be filled with
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0020| the word "physician", "dentist", "veterinarian", "certified
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0021| nurse-midwife" or with the descriptive designation of any
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0022| other practitioner licensed in this state to use or order the
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0023| use of the device."
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0024| Section 3. Section 30-31-2 NMSA 1978 (being Laws 1972,
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0025| Chapter 84, Section 2, as amended) is amended to read:
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0001| "30-31-2. DEFINITIONS.--As used in the Controlled
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0002| Substances Act:
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0003| A. "administer" means the direct application of a
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0004| controlled substance by any means to the body of a patient or
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0005| research subject by a practitioner or his agent;
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0006| B. "agent" includes an authorized person who acts
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0007| on behalf of a manufacturer, distributor or dispenser. It does
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0008| not include a common or contract carrier, public warehouseman
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0009| or employee of the carrier or warehouseman;
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0010| C. "board" means the board of pharmacy;
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0011| D. "bureau" means the bureau of narcotics and
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0012| dangerous drugs, United States department of justice, or its
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0013| successor agency;
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0014| E. "controlled substance" means a drug or substance
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0015| listed in Schedules I through V of the Controlled Substances
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0016| Act or regulations adopted thereto;
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0017| F. "counterfeit substance" means a controlled
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0018| substance that bears the unauthorized trademark, trade name,
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0019| imprint, number, device or other identifying mark or likeness
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0020| of a manufacturer, distributor or dispenser other than the
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0021| person who in fact manufactured, distributed or dispensed the
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0022| controlled substance;
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0023| G. "deliver" means the actual, constructive or
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0024| attempted transfer from one person to another of a controlled
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0025| substance or controlled substance analog, whether or not there
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0001| is an agency relationship;
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0002| H. "dispense" means to deliver a controlled
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0003| substance to an ultimate user or research subject pursuant to
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0004| the lawful order of a practitioner, including the
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0005| administering, prescribing, packaging, labeling or compounding
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0006| necessary to prepare the controlled substance for that
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0007| delivery;
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0008| I. "dispenser" means a practitioner who dispenses
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0009| and includes hospitals, pharmacies and clinics where controlled
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0010| substances are dispensed;
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0011| J. "distribute" means to deliver other than by
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0012| administering or dispensing a controlled substance or
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0013| controlled substance analog;
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0014| K. "drug" or "substance" means substances
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0015| recognized as drugs in the official United States
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0016| pharmacopoeia, official homeopathic pharmacopoeia of the United
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0017| States or official national formulary or any respective
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0018| supplement to [these] those publications. It does not
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0019| include devices or their components, parts or accessories;
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0020| L. "hashish" means the resin extracted from any
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0021| part of marijuana, whether growing or not, and every compound,
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0022| manufacture, salt, derivative, mixture or preparation of such
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0023| resins;
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0024| M. "manufacture" means the production, preparation,
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0025| compounding, conversion or processing of a controlled substance
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0001| or controlled substance analog by extraction from substances of
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0002| natural origin or independently by means of chemical synthesis
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0003| or by a combination of extraction and chemical synthesis and
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0004| includes any packaging or repackaging of the substance or
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0005| labeling or relabeling of its container, except that this term
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0006| does not include the preparation or compounding of a controlled
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0007| substance:
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0008| (1) by a practitioner as an incident to his
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0009| administering or dispensing of a controlled substance in the
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0010| course of his professional practice; or
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0011| (2) by a practitioner, or by his agent under
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0012| his supervision, for the purpose of or as an incident to
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0013| research, teaching or chemical analysis and not for sale;
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0014| N. "marijuana" means all parts of the plant
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0015| Cannabis, including any and all varieties, species and
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0016| subspecies of the genus Cannabis, whether growing or not, the
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0017| seeds thereof and every compound, manufacture, salt,
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0018| derivative, mixture or preparation of the plant or its seeds.
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0019| It does not include the mature stalks of the plant, hashish,
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0020| tetrahydrocannabinols extracted or isolated from marijuana,
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0021| fiber produced from the stalks, oil or cake made from the seeds
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0022| of the plant, any other compound, manufacture, salt, deriva-
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0023|
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0024| tive, mixture or preparation of the mature stalks, fiber, oil
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0025| or cake, or the sterilized seed of the plant that is incapable
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0001| of germination;
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0002| O. "narcotic drug" means any of the following,
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0003| whether produced directly or indirectly by extraction from
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0004| substances of vegetable origin or independently by means of
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0005| chemical synthesis or by a combination of extraction and
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0006| chemical synthesis:
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0007| (1) opium and opiate and any salt, compound,
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0008| derivative or preparation of opium or opiate;
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0009| (2) any salt, compound, isomer, derivative or
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0010| preparation that is a chemical equivalent of any of the
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0011| substances referred to in Paragraph (1) of this subsection,
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0012| except the isoquinoline alkaloids of opium;
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0013| (3) opium poppy and poppy straw, including all
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0014| parts of the plant of the species Papaver somniferum L. except
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0015| its seeds; or
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0016| (4) coca leaves and any salt, compound,
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0017| derivative or preparation of coca leaves, any salt, compound,
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0018| isomer, derivative or preparation that is a chemical equivalent
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0019| of any of these substances except decocainized coca leaves or
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0020| extractions of coca leaves that do not contain cocaine or
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0021| [ecogonine] ecgonine;
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0022| P. "opiate" means any substance having an
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0023| addiction-forming or addiction-sustaining liability similar to
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0024| morphine or being capable of conversion into a drug having
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0025| addiction-forming or addiction-sustaining liability. "Opiate"
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0001| does not include, unless specifically designated as controlled
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0002| under Section 30-31-5 NMSA 1978, the dextrorotatory isomer of
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0003| 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
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0004| "Opiate" does include its racemic and levorotatory forms;
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0005| Q. "person" includes a partnership, corporation,
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0006| association, institution, political subdivision, government
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0007| agency or other legal entity;
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0008| R. "practitioner" means a physician, dentist,
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0009| certified nurse-midwife, veterinarian or other person
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0010| licensed or certified to prescribe and administer drugs that
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0011| are subject to the Controlled Substances Act;
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0012| S. "prescription" means an order given individually
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0013| for the person for whom is prescribed a controlled substance,
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0014| either directly from the prescriber to the pharmacist or
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0015| indirectly by means of a written order signed by the
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0016| prescriber, [and] in accordance with the Controlled
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0017| Substances Act or regulations adopted thereto;
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0018| T. "scientific investigator" means a person
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0019| registered to conduct research with controlled substances in
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0020| the course of his professional practice or research and
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0021| includes analytical laboratories;
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0022| U. "ultimate user" means a person who lawfully
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0023| possesses a controlled substance for his own use or for the use
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0024| of a member of his household or for administering to an animal
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0025| under the care, custody and control of the person or by a
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0001| member of his household;
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0002| V. "drug paraphernalia" means all equipment,
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0003| products and materials of any kind that are used, intended for
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0004| use or designed for use in planting, propagating, cultivating,
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0005| growing, harvesting, manufacturing, compounding, converting,
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0006| producing, processing, preparing, testing, analyzing,
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0007| packaging, repackaging, storing, containing, concealing,
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0008| injecting, ingesting, inhaling or otherwise introducing into
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0009| the human body a controlled substance or controlled substance
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0010| analog in violation of the Controlled Substances Act. It
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0011| includes [but is not limited to]:
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0012| (1) kits used, intended for use or designed
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0013| for use in planting, propagating, cultivating, growing or
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0014| harvesting any species of plant that is a controlled substance
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0015| or controlled substance analog or from which a controlled
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0016| substance can be derived;
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0017| (2) kits used, intended for use or designed
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0018| for use in manufacturing, compounding, converting, producing,
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0019| processing or preparing controlled substances or controlled
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0020| substance analogs;
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0021| (3) isomerization devices used, intended for
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0022| use or designed for use in increasing the potency of any
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0023| species of plant that is a controlled substance;
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0024| (4) testing equipment used, intended for use
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0025| or designed for use in identifying or in analyzing the
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0001| strength, effectiveness or purity of controlled substances or
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0002| controlled substance analogs;
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0003| (5) scales or balances used, intended for use
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0004| or designed for use in weighing or measuring controlled
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0005| substances or controlled substance analogs;
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0006| (6) diluents and adulterants, such as quinine
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0007| hydrochloride, mannitol, mannite dextrose and lactose, used,
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0008| intended for use or designed for use in cutting controlled
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0009| substances or controlled substance analogs;
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0010| (7) separation gins and sifters used, intended
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0011| for use or designed for use in removing twigs and seeds from or
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0012| in otherwise cleaning and refining marijuana;
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0013| (8) blenders, bowls, containers, spoons and
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0014| mixing devices used, intended for use or designed for use in
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0015| compounding controlled substances or controlled substance
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0016| analogs;
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0017| (9) capsules, balloons, envelopes and other
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0018| containers used, intended for use or designed for use in
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0019| packaging small quantities of controlled substances or
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0020| controlled substance analogs;
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0021| (10) containers and other objects used,
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0022| intended for use or designed for use in storing or concealing
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0023| controlled substances or controlled substance analogs;
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0024| (11) hypodermic syringes, needles and other
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0025| objects used, intended for use or designed for use in
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0001| parenterally injecting controlled substances or controlled
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0002| substance analogs into the human body;
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0003| (12) objects used, intended for use or
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0004| designed for use in ingesting, inhaling or otherwise
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0005| introducing marijuana, cocaine, hashish or hashish oil into the
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0006| human body, such as:
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0007| (a) metal, wooden, acrylic, glass,
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0008| stone, plastic or ceramic pipes, with or without screens,
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0009| permanent screens, hashish heads or punctured metal bowls;
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0010| (b) water pipes;
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0011| (c) carburetion tubes and devices;
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0012| (d) smoking and carburetion masks;
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0013| (e) roach clips, meaning objects used to
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0014| hold burning material, such as a marijuana cigarette, that has
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0015| become too small to hold in the hand;
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0016| (f) miniature cocaine spoons and cocaine
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0017| vials;
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0018| (g) chamber pipes;
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0019| (h) carburetor pipes;
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0020| (i) electric pipes;
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0021| (j) air-driven pipes;
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0022| (k) chilams;
|
0023| (l) bongs; or
|
0024| (m) ice pipes or chillers; and
|
0025| (13) in determining whether an object is drug
|
0001| paraphernalia, a court or other authority should consider, in
|
0002| addition to all other logically relevant factors, the
|
0003| following:
|
0004| (a) statements by the owner or by anyone
|
0005| in control of the object concerning its use;
|
0006| (b) the proximity of the object, in time
|
0007| and space, to a direct violation of the Controlled Substances
|
0008| Act or any other law relating to controlled substances or
|
0009| controlled substance analogs;
|
0010| (c) the proximity of the object to
|
0011| controlled substances or controlled substance analogs;
|
0012| (d) the existence of any residue of a
|
0013| controlled substance or controlled substance analog on the
|
0014| object;
|
0015| (e) instructions, written or oral,
|
0016| provided with the object concerning its use;
|
0017| (f) descriptive materials accompanying
|
0018| the object that explain or depict its use;
|
0019| (g) the manner in which the object is
|
0020| displayed for sale; and
|
0021| (h) expert testimony concerning its use;
|
0022| W. "controlled substance analog" means a substance
|
0023| other than a controlled substance that has a chemical structure
|
0024| substantially similar to that of a controlled substance in
|
0025| Schedule I, II, III, IV or V or that was specifically designed
|
0001| to produce effects substantially similar to that of controlled
|
0002| substances in Schedule I, II, III, IV or V. Examples of
|
0003| chemical classes in which controlled substance analogs are
|
0004| found include [but are not limited to] the following:
|
0005| (1) phenethylamines;
|
0006| (2) N-substituted piperidines;
|
0007| (3) morphinans;
|
0008| (4) [ecogonines] ecgonines;
|
0009| (5) quinazolinones;
|
0010| (6) substituted indoles; and
|
0011| (7) arylcycloalkylamines.
|
0012| Specifically excluded from the definition of "controlled
|
0013| substance analog" are those substances that are generally
|
0014| recognized as safe and effective within the meaning of the
|
0015| Federal Food, Drug and Cosmetic Act or have been manufactured,
|
0016| distributed or possessed in conformance with the provisions of
|
0017| an approved new drug application or an exemption for
|
0018| investigational use within the meaning of Section 505 of the
|
0019| Federal Food, Drug and Cosmetic Act;
|
0020| X. "human consumption" includes application,
|
0021| injection, inhalation, ingestion or any other manner of
|
0022| introduction whatsoever; and
|
0023| Y. "drug-free school zone" means any public school
|
0024| or property that is used for public school purposes and the
|
0025| area within one thousand feet of the school property line, but
|
0001| it does not mean any post-secondary school."
|
0002| - 21 -
|
0003|
|
0004|
|
0005|
|
0006|
|
0007| FORTY-THIRD LEGISLATURE
|
0008| FIRST SESSION, 1997 SB 378/a
|
0009|
|
0010| February 6, 1997
|
0011| Mr. President:
|
0012|
|
0013| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
|
0014| whom has been referred
|
0015|
|
0016| SENATE BILL 378
|
0017|
|
0018| has had it under consideration and reports same with
|
0019| recommendation that it DO PASS, amended as follows:
|
0020|
|
0021| 1. On page 1, line 12, strike "PROVIDE" and insert in lieu
|
0022| thereof "DISTRIBUTE".
|
0023|
|
0024| 2. On page 1, line 16, strike "NMSA 1978" and insert in
|
0025| lieu thereof "Public Health Act".
|
0001|
|
0002| 3. On page 1, line 19, strike "DISPENSING" and insert in
|
0003| lieu thereof "DISTRIBUTING".
|
0004|
|
0005| 4. On page 2, line 6, strike "provide" and insert in lieu
|
0006| thereof "distribute".,
|
0007|
|
0008| and thence referred to the JUDICIARY COMMITTEE.
|
0009|
|
0010| Respectfully submitted,
|
0011|
|
0012|
|
0013|
|
0014| __________________________________
|
0015| Roman M. Maes III, Chairman
|
0016|
|
0017|
|
0018| Adopted_______________________ Not
|
0019| Adopted_______________________
|
0020| (Chief Clerk) (Chief Clerk)
|
0021|
|
0022|
|
0023| Date ________________________
|
0024|
|
0025| The roll call vote was 6 For 0 Against
|
0001| Yes: 6
|
0002| No: None
|
0003| Excused: Fidel, Robinson, Wilson, Maloof
|
0004| Absent: None
|
0005|
|
0006| S0378CT1 .116047.1ms
|
0007|
|
0008|
|
0009| FORTY-THIRD LEGISLATURE
|
0010| FIRST SESSION, 1997
|
0011|
|
0012|
|
0013| March 10, 1997
|
0014|
|
0015| Mr. President:
|
0016|
|
0017| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
|
0018| referred
|
0019|
|
0020| SENATE BILL 378, as amended
|
0021|
|
0022| has had it under consideration and reports same with
|
0023| recommendation that it DO PASS.
|
0024|
|
0025| Respectfully submitted,
|
0001|
|
0002|
|
0003|
|
0004|
|
0005| __________________________________
|
0006| Shannon Robinson, Chairman
|
0007|
|
0008|
|
0009|
|
0010| Adopted_______________________ Not
|
0011| Adopted_______________________
|
0012| (Chief Clerk) (Chief Clerk)
|
0013|
|
0014|
|
0015|
|
0016| Date ________________________
|
0017|
|
0018|
|
0019| The roll call vote was 5 For 0 Against
|
0020| Yes: 5
|
0021| No: 0
|
0022| Excused: Adair, Boitano, Ingle, Smith
|
0023| Absent: None
|
0024|
|
0025|
|
0001| S0378PA1
|