SENATE BILL 22

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO HEALTH; ENACTING A NEW SECTION OF THE NEW MEXICO DRUG, DEVICE AND COSMETICS ACT TO REQUIRE THE BOARD OF PHARMACY TO ESTABLISH AND OPERATE AN OVERPRESCRIBING HOTLINE FOR REPORTS OF CONTROLLED SUBSTANCES PRESCRIBING PRACTICES SUSPECTED TO BE EXCESSIVE OR OTHERWISE IN VIOLATION OF ESTABLISHED PRESCRIBING STANDARDS; MAKING AN APPROPRIATION.

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

     SECTION 1. A new section of the New Mexico Drug, Device and Cosmetics Act is enacted to read:

     "[NEW MATERIAL] OVERPRESCRIBING HOTLINE--ESTABLISHMENT-- DUTIES.--The board shall establish a program to address prescribing of controlled substances that is suspected to be excessive or otherwise in violation of established prescribing standards. The program shall include:

          A. a twenty-four-hour telephonic hotline and publicly accessible internet web site to provide the public with a venue through which to report controlled substance prescribing practices that are suspected to be in excess of therapeutically indicated prescribing practices; and

          B. rules and procedures for investigation of prescribing reported as suspected to be in excess of therapeutically indicated prescribing practices and for working in conjunction with practitioner licensing boards to discipline practitioners for prescribing practices in violation of established standards."

     SECTION 2. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the board of pharmacy for expenditure in fiscal year 2016 to establish and operate an overprescribing hotline pursuant to Section 1 of this act for the recording and investigation of excessive prescribing of pain medication by medical practitioners. Any unexpended or unencumbered balance remaining at the end of fiscal year 2016 shall revert to the general fund.

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