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