NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

SPONSOR Silva        DATE TYPED 01/24/99 HB  8         

SHORT TITLE Board of Pharmacy Membership SB                

                  ANALYST  Valenzuela     

Estimated

Appropriation Contained   Additional Impact  Recurring Fund

FY99 FY2000 FY99 FY2000 or Non-Rec Affected

$  . $ . $ . $ NFI     

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

LFC Files

Regulation and Licensing Department, Pharmacy Board

SUMMARY

Synopsis of Bill

Amending the "Pharmacy Act" (Section 61-11-4 NMSA 1978), house bill 8 changes the composition of the nine-member board of pharmacy. The current composition is outlined below:

• •5 pharmacists (pharmacy-district pharmacists);
• •3 public members, and
• •1 health-systems pharmacist.

The bill would delete one pharmacy-district pharmacist to be replaced by a chain-pharmacy pharmacist, appointed at large. Additionally, in making his selection, the governor would use a list developed by the New Mexico retail association's chain drugstore pharmacy standing committee. The new composition is outlined below:

• •4 pharmacy-district pharmacists;
• •3 public members;
• •1 health-systems pharmacist, and
• •1 chain-pharmacy pharmacist.

Significant Issues

There are technical problems with the number of pharmacy-district pharmacists.

FISCAL IMPLICATIONS

There will be no fiscal impact for implementing this bill.

TECHNICAL ISSUES

House bill 8, in subsection (b), amends the statute by deleting "five" and replacing it with "four" members. However, the Pharmacy Act clearly states in subsection (b), "One pharmacy member shall be appointed from each pharmacy district" of which the statute in subsection (f) clearly defines five pharmacy districts.

Because the bill does not amend subsection (f), there is clear disparity in this bill with regard to the number of pharmacy-district pharmacists on the board.

OTHER SUBSTANTIVE ISSUES

The legislation defines a chain pharmacy as "a corporate grouping of four or more pharmacies in the state."

POSSIBLE QUESTIONS

1. How many practicing pharmacists would fall within the definition of a "chain-pharmacy" pharmacist?

2. How many pharmacists are practicing in New Mexico?

MV/njw