0001|                            HOUSE BILL 320
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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|                          DELORES C. WRIGHT
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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 NURSING; PROVIDING FOR PRESCRIPTIVE AND DISPENSING
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0012|     AUTHORITY FOR CERTIFIED NURSE-MIDWIVES.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  A new section of the Nursing Practice Act is
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0016|     enacted to read:
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0017|          "[<u>NEW MATERIAL</u>]  CERTIFIED NURSE-MIDWIVES--PRESCRIPTIVE
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0018|     AND DISPENSING AUTHORITY.--
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0019|               A.  Certified nurse-midwives who have fulfilled
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0020|     requirements for prescriptive authority may prescribe in
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0021|     accordance with rules, regulations, guidelines and formularies
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0022|     for individual certified nurse-midwives promulgated by the
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0023|     department of health.
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0024|               B.  As used in this section, "prescriptive
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0025|     authority" means the ability of the certified nurse-midwife to
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0001|     practice independently, serve as a primary care provider and as
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0002|     necessary collaborate with licensed medical doctors or
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0003|     osteopathic physicians.  Certified nurse-midwives who have
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0004|     fulfilled requirements for prescribing drugs may distribute to
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0005|     their patients dangerous drugs, including controlled substances
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0006|     included in Schedules II through V of the Controlled Substances
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0007|     Act, that have been prepared, packaged or fabricated by a
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0008|     licensed pharmacist or doses of drugs that have been
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0009|     prepackaged by a pharmaceutical manufacturer in accordance with
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0010|     the Pharmacy Act and New Mexico Drug, Device and Cosmetic Act."
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0011|          Section 2.  Section 26-1-2 NMSA 1978 (being Laws 1967,
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0012|     Chapter 23, Section 2, as amended) is amended to read:
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0013|          "26-1-2.  DEFINITIONS.--As used in the New Mexico Drug,
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0014|     Device and Cosmetic Act:
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0015|               A.  "board" means the board of pharmacy or its duly
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0016|     authorized agent;
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0017|               B.  "person" includes individual, partnership,
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0018|     corporation, association, institution or establishment;
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0019|               C.  "biological product" means any virus,
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0020|     therapeutic serum, toxin, antitoxin or analogous product
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0021|     applicable to the prevention, treatment or cure of diseases or
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0022|     injuries of man and domestic animals, and, as used within the
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0023|     meaning of this definition:
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0024|                    (1)  a "virus" is interpreted to be a product
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0025|     containing the minute living cause of an infectious disease and
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0001|     includes but is not limited to filterable viruses, bacteria,
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0002|     rickettsia, fungi and protozoa;
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0003|                    (2)  a "therapeutic serum" is a product
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0004|     obtained from blood by removing the clot or clot components and
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0005|     the blood cells;
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0006|                    (3)  a "toxin" is a product containing a
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0007|     soluble substance poisonous to laboratory animals or man in
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0008|     doses of one milliliter or less of the product and having the
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0009|     property, following the injection of nonfatal doses into an
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0010|     animal, or causing to be produced therein another soluble
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0011|     substance which specifically neutralizes the poisonous
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0012|     substance and which is demonstrable in the serum of the animal
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0013|     thus immunized; and
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0014|                    (4)  an "antitoxin" is a product containing the
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0015|     soluble substance in serum or other body fluid of an immunized
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0016|     animal which specifically neutralizes the toxin against which
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0017|     the animal is immune;
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0018|               D.  "controlled substance" means any drug, substance
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0019|     or immediate precursor enumerated in Schedules I through V of
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0020|     the Controlled Substances Act;
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0021|               E.  "drug" means:
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0022|                    (1)  articles recognized in an official
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0023|     compendium;
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0024|                    (2)  articles intended for use in the
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0025|     diagnosis, cure, mitigation, treatment or prevention of disease
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0001|     in man or other animals and includes the domestic animal
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0002|     biological products regulated under the federal Virus-Serum-

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0003|     Toxin Act, 37 Stat 832-833, 21 U.S.C. 151-158 and the
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0004|     biological products applicable to man regulated under Federal
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0005|     58 Stat 690, as amended, 42 U.S.C. 216, Section 351, and 58
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0006|     Stat 702, as amended, 42 U.S.C. 262;
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0007|                    (3)  articles other than food which affect the
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0008|     structure or any function of the body of man or other animals;
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0009|     and
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0010|                    (4)  articles intended for use as a component
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0011|     of Paragraph (1), (2) or (3) of this subsection, but does not
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0012|     include devices or their component parts or accessories;
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0013|               F.  "dangerous drug" means a drug, other than a
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0014|     controlled substance enumerated in Schedule I of the Controlled
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0015|     Substances Act, which because of any potentiality for harmful
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0016|     effect or the method of its use or the collateral measures
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0017|     necessary to its use is not safe except under the supervision
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0018|     of a practitioner licensed by law to direct the use of such
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0019|     drug and hence for which adequate directions for use cannot be
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0020|     prepared.  "Adequate directions for use" means directions under
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0021|     which the layman can use a drug or device safely and for the
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0022|     purposes for which it is intended.  A drug shall be dispensed
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0023|     only upon the prescription of a practitioner licensed by law to
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0024|     administer or prescribe such drug if it:
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0025|                    (1)  is a habit-forming drug and contains any
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0001|     quantity of a narcotic or hypnotic substance, or any chemical
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0002|     derivative of such substance, which has been found under the
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0003|     federal act and the board to be habit-forming;
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0004|                    (2)  because of its toxicity or other
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0005|     potentiality for harmful effect or the method of its use or the
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0006|     collateral measures necessary to its use is not safe for use
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0007|     except under the supervision of a practitioner licensed by law
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0008|     to administer or prescribe such drug;
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0009|                    (3)  is limited by an approved application by
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0010|     Section 505 of the federal act to the use under the
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0011|     professional supervision of a practitioner licensed by law to
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0012|     administer or prescribe such drug;
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0013|                    (4)  bears the legend:  "Caution:  federal law
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0014|     prohibits dispensing without prescription."; or
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0015|                    (5)  bears the legend:  "Caution:  federal law
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0016|     restricts this drug to use by or on the order of a licensed
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0017|     veterinarian.";
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0018|               G.  "counterfeit drug" means a drug other than a
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0019|     controlled substance which, or the container or labeling of
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0020|     which, without authorization, bears the trademark, trade name
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0021|     or other identifying mark, imprint or device, or any likeness,
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0022|     of a drug manufacturer, processor, packer or distributor other
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0023|     than the person who in fact manufactured, processed, packed or
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0024|     distributed such drug and which falsely purports or is
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0025|     represented to be the product of or to have been packed or
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0001|     distributed by such other drug manufacturer, processor, packer
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0002|     or distributor;
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0003|               H.  "device", except when used in Subsection P of
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0004|     this section and in Subsection G of Section 26-1-3, Subsection
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0005|     L and Paragraph (4) of Subsection A of Section 26-1-11 and
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0006|     Subsection C of Section 26-1-24 NMSA 1978, means an instrument,
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0007|     apparatus, implement, machine, contrivance, implant, in vitro
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0008|     reagent or other similar or related article, including any
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0009|     component, part or accessory, which is:
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0010|                    (1)  recognized in an official compendium;
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0011|                    (2)  intended for use in the diagnosis of
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0012|     disease or other conditions, or in the cure, mitigation,
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0013|     treatment or prevention of disease, in man or other animals; or
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0014|                    (3)  intended to affect the structure or any
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0015|     function of the body of man or other animals and which does not
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0016|     achieve any of its principal intended purposes through chemical
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0017|     action within or on the body of man or other animals and which
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0018|     is not dependent upon being metabolized for achievement of any
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0019|     of its principal intended purposes;
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0020|               I.  "prescription" means an order given individually
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0021|     for the person for whom prescribed, either directly from the
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0022|     prescriber to the pharmacist or indirectly by means of a
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0023|     written order signed by the prescriber, and bearing the name
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0024|     and address of the prescriber, his license classification, the
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0025|     name and address of the patient, the name and quantity of the
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0001|     drug prescribed, directions for use and the date of issue.  No
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0002|     person other than a practitioner shall prescribe or write a
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0003|     prescription;
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0004|               J.  "practitioner" means a physician, dentist,
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0005|     veterinarian, <u>certified nurse-midwife</u> or other person
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0006|     licensed to prescribe and administer drugs which are subject to
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0007|     the New Mexico Drug, Device and Cosmetic Act;
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0008|               K.  "cosmetic" means:
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0009|                    (1)  articles intended to be rubbed, poured,
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0010|     sprinkled or sprayed on, introduced into or otherwise applied
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0011|     to the human body or any part thereof for cleansing,
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0012|     beautifying, promoting attractiveness or altering the
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0013|     appearance; and
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0014|                    (2)  articles intended for use as a component
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0015|     of any articles enumerated in Paragraph (1) of this subsection,
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0016|     except that the term shall not include soap;
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0017|               L.  "official compendium" means the official United
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0018|     States pharmacopoeia national formulary or the official
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0019|     homeopathic pharmacopoeia of the United States or any sup-
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0020|     
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0021|     plement to either of them;
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0022|               M.  "label" means a display of written, printed or
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0023|     graphic matter upon the immediate container of any article.  A
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0024|     requirement made by or under the authority of the New Mexico
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0025|     Drug, Device and Cosmetic Act that any word, statement or other
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0001|     information appear on the label shall not be considered to be
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0002|     complied with unless the word, statement or other information
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0003|     also appears on the outside container or wrapper, if any, of
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0004|     the retail package of the article or is easily legible through
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0005|     the outside container or wrapper;
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0006|               N.  "immediate container" does not include package
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0007|     liners;
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0008|               O.  "labeling" means all labels and other written,
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0009|     printed or graphic matter:
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0010|                    (1)  upon any article or any of its containers
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0011|     or wrappers; or
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0012|                    (2)  accompanying any article;
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0013|               P.  "misbranded" means a label to an article which
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0014|     is misleading.  In determining whether the label is misleading,
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0015|     there shall be taken into account, among other things, not only
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0016|     representations made or suggested by statement, word, design,
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0017|     device or any combination of the foregoing, but also the extent
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0018|     to which the label fails to reveal facts material in the light
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0019|     of such representations or material with respect to
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0020|     consequences which may result from the use of the article to
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0021|     which the label relates under the conditions of use prescribed
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0022|     in the label or under such conditions of use as are customary
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0023|     or usual;
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0024|               Q.  "advertisement" means all representations
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0025|     disseminated in any manner or by any means, other than by
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0001|     labeling, for the purpose of inducing, or which are likely to
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0002|     induce, directly or indirectly, the purchase of drugs, devices
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0003|     or cosmetics;
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0004|               R.  "antiseptic", when used in the labeling or
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0005|     advertisement of an antiseptic, shall be considered to be a
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0006|     representation that it is a germicide, except in the case of a
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0007|     drug purporting to be or represented as an antiseptic for
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0008|     inhibitory use as a wet dressing, ointment, dusting powder or
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0009|     such other use as involves prolonged contact with the body;
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0010|               S.  "new drug" means:
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0011|                    (1)  any drug, the composition of which is such
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0012|     that the drug is not generally recognized, among experts
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0013|     qualified by scientific training and experience to evaluate the
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0014|     safety and efficacy of drugs, as safe and effective for use
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0015|     under the conditions prescribed, recommended or suggested in
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0016|     the labeling thereof; or
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0017|                    (2)  any drug, the composition of which is such
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0018|     that the drug, as a result of investigation to determine its
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0019|     safety and efficacy for use under such conditions, has become
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0020|     so recognized, but which has not, otherwise than in such
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0021|     investigations, been used to a material extent or for a
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0022|     material time under such conditions;
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0023|               T.  "contaminated with filth" applies to any drug,
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0024|     device or cosmetic not securely protected from dirt, dust and,
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0025|     as far as may be necessary by all reasonable means, from all
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0001|     foreign or injurious contaminations, or any drug, device or
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0002|     cosmetic found to contain any dirt, dust, foreign or injurious
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0003|     contamination or infestation;
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0004|               U.  "selling of drugs, devices or cosmetics" shall
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0005|     be considered to include the manufacture, production,
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0006|     processing, packing, exposure, offer, possession and holding of
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0007|     any such article for sale and the sale and the supplying or
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0008|     applying of any such article in the conduct of any drug or
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0009|     cosmetic establishment;
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0010|               V.  "color additive" means a material which:
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0011|                    (1)  is a dye, pigment or other substance made
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0012|     by a process of synthesis or similar artifice or extracted,
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0013|     isolated or otherwise derived, with or without intermediate or
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0014|     final change of identity, from a vegetable, mineral, animal or
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0015|     other source; or
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0016|                    (2)  when added or applied to a drug or
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0017|     cosmetic or to the human body or any part thereof, is capable,
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0018|     alone or through reaction with other substances, of imparting
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0019|     color thereto; except that such term does not include any
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0020|     material which has been or hereafter is exempted under the
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0021|     federal act; 
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0022|               W.  "federal act" means the Federal Food, Drug and
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0023|     Cosmetic Act;
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0024|               X.  "restricted device" means a device for which the
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0025|     sale, distribution or use is lawful only upon the written or
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0001|     oral authorization of a practitioner licensed by law to
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0002|     administer, prescribe or use the device and for which the
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0003|     federal food and drug administration requires special training
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0004|     or skills of the practitioner to use or prescribe.  This
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0005|     definition does not include custom devices defined in the
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0006|     federal act and exempt from performance standards or premarket
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0007|     approval requirements under Section 520 (b) of the federal act;
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0008|     and
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0009|               Y.  "prescription device" means a device which,
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0010|     because of its potential for harm, the method of its use or the
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0011|     collateral measures necessary to its use, is not safe except
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0012|     under the supervision of a practitioner licensed in this state
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0013|     to direct the use of such device and for which "adequate
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0014|     directions for use" cannot be prepared, but <u>which</u> bears the
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0015|     label:  "Caution:  federal law restricts this device to sale by
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0016|     or on the order of a             ", the blank to be filled with
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0017|     the word "physician", "dentist", "veterinarian", <u>"certified
</u>    |
<u></u>0018| <u>    nurse-midwife"</u> or with the descriptive designation of any
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0019|     other practitioner licensed in this state to use or order the
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0020|     use of the device."
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0021|          Section 3.  Section 30-31-2 NMSA 1978 (being Laws 1972,
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0022|     Chapter 84, Section 2, as amended) is amended to read:
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0023|          "30-31-2.  DEFINITIONS.--As used in the Controlled
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0024|     Substances Act:
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0025|               A.  "administer" means the direct application of a
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0001|     controlled substance by any means to the body of a patient or
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0002|     research subject by a practitioner or his agent;
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0003|               B.  "agent" includes an authorized person who acts
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0004|     on behalf of a manufacturer, distributor or dispenser.  It does
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0005|     not include a common or contract carrier, public warehouseman
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0006|     or employee of the carrier or warehouseman;
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0007|               C.  "board" means the board of pharmacy;
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0008|               D.  "bureau" means the bureau of narcotics and
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0009|     dangerous drugs, United States department of justice, or its
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0010|     successor agency;
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0011|               E.  "controlled substance" means a drug or substance
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0012|     listed in Schedules I through V of the Controlled Substances
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0013|     Act or regulations adopted thereto;
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0014|               F.  "counterfeit substance" means a controlled
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0015|     substance that bears the unauthorized trademark, trade name,
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0016|     imprint, number, device or other identifying mark or likeness
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0017|     of a manufacturer, distributor or dispenser other than the
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0018|     person who in fact manufactured, distributed or dispensed the
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0019|     controlled substance;
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0020|               G.  "deliver" means the actual, constructive or
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0021|     attempted transfer from one person to another of a controlled
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0022|     substance or controlled substance analog, whether or not there
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0023|     is an agency relationship;
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0024|               H.  "dispense" means to deliver a controlled
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0025|     substance to an ultimate user or research subject pursuant to
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0001|     the lawful order of a practitioner, including the
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0002|     administering, prescribing, packaging, labeling or compounding
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0003|     necessary to prepare the controlled substance for that
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0004|     delivery;
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0005|               I.  "dispenser" means a practitioner who dispenses
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0006|     and includes hospitals, pharmacies and clinics where controlled
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0007|     substances are dispensed;
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0008|               J.  "distribute" means to deliver other than by
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0009|     administering or dispensing a controlled substance or
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0010|     controlled substance analog;
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0011|               K.  "drug" or "substance" means substances
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0012|     recognized as drugs in the official United States
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0013|     pharmacopoeia, official homeopathic pharmacopoeia of the United
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0014|     States <u>or</u> official national formulary or any respective
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0015|     supplement to <s>[these]</s> <u>those</u> publications.  It does not
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0016|     include devices or their components, parts or accessories;
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0017|               L.  "hashish" means the resin extracted from any
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0018|     part of marijuana, whether growing or not, and every compound,
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0019|     manufacture, salt, derivative, mixture or preparation of such
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0020|     resins;
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0021|               M.  "manufacture" means the production, preparation,
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0022|     compounding, conversion or processing of a controlled substance
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0023|     or controlled substance analog by extraction from substances of
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0024|     natural origin or independently by means of chemical synthesis
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0025|     or by a combination of extraction and chemical synthesis and
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0001|     includes any packaging or repackaging of the substance or
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0002|     labeling or relabeling of its container, except that this term
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0003|     does not include the preparation or compounding of a controlled
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0004|     substance:
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0005|                    (1)  by a practitioner as an incident to his
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0006|     administering or dispensing of a controlled substance in the
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0007|     course of his professional practice; or
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0008|                    (2)  by a practitioner, or by his agent under
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0009|     his supervision, for the purpose of or as an incident to
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0010|     research, teaching or chemical analysis and not for sale;
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0011|               N.  "marijuana" means all parts of the plant
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0012|     Cannabis, including any and all varieties, species and
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0013|     subspecies of the genus Cannabis, whether growing or not, the
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0014|     seeds thereof and every compound, manufacture, salt,
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0015|     derivative, mixture or preparation of the plant or its seeds. 
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0016|     It does not include the mature stalks of the plant, hashish,
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0017|     tetrahydrocannabinols extracted or isolated from marijuana,
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0018|     fiber produced from the stalks, oil or cake made from the seeds
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0019|     of the plant, any other compound, manufacture, salt, deriva-
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0020|     
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0021|     tive, mixture or preparation of the mature stalks, fiber, oil
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0022|     or cake, or the sterilized seed of the plant that is incapable
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0023|     of germination;
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0024|               O.  "narcotic drug" means any of the following,
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0025|     whether produced directly or indirectly by extraction from
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0001|     substances of vegetable origin or independently by means of
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0002|     chemical synthesis or by a combination of extraction and
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0003|     chemical synthesis:
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0004|                    (1)  opium and opiate and any salt, compound,
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0005|     derivative or preparation of opium or opiate;
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0006|                    (2)  any salt, compound, isomer, derivative or
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0007|     preparation that is a chemical equivalent of any of the
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0008|     substances referred to in Paragraph (1) of this subsection,
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0009|     except the isoquinoline alkaloids of opium;
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0010|                    (3)  opium poppy and poppy straw, including all
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0011|     parts of the plant of the species Papaver somniferum L. except
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0012|     its seeds; or
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0013|                    (4)  coca leaves and any salt, compound,
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0014|     derivative or preparation of coca leaves, any salt, compound,
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0015|     isomer, derivative or preparation that is a chemical equivalent
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0016|     of any of these substances except decocainized coca leaves or
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0017|     extractions of coca leaves that do not contain cocaine or
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0018|     <s>[ecogonine]</s> <u>ecgonine</u>;
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0019|               P.  "opiate" means any substance having an
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0020|     addiction-forming or addiction-sustaining liability similar to
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0021|     morphine or being capable of conversion into a drug having
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0022|     addiction-forming or addiction-sustaining liability.  "Opiate"
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0023|     does not include, unless specifically designated as controlled
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0024|     under Section 30-31-5 NMSA 1978, the dextrorotatory isomer of
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0025|     3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
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0001|     "Opiate" does include its racemic and levorotatory forms;
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0002|               Q.  "person" includes a partnership, corporation,
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0003|     association, institution, political subdivision, government
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0004|     agency or other legal entity;
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0005|               R.  "practitioner" means a physician, dentist,
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0006|     <u>certified nurse-midwife</u>, veterinarian or other person
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0007|     licensed to prescribe and administer drugs that are subject to
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0008|     the Controlled Substances Act;
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0009|               S.  "prescription" means an order given individually
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0010|     for the person for whom is prescribed a controlled substance,
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0011|     either directly from the prescriber to the pharmacist or
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0012|     indirectly by means of a written order signed by the
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0013|     prescriber, <s>[and]</s> in accordance with the Controlled
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0014|     Substances Act or regulations adopted thereto;
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0015|               T.  "scientific investigator" means a person
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0016|     registered to conduct research with controlled substances in
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0017|     the course of his professional practice or research and
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0018|     includes analytical laboratories;
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0019|               U.  "ultimate user" means a person who lawfully
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0020|     possesses a controlled substance for his own use or for the use
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0021|     of a member of his household or for administering to an animal
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0022|     under the care, custody and control of the person or by a
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0023|     member of his household;
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0024|               V.  "drug paraphernalia" means all equipment,
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0025|     products and materials of any kind that are used, intended for
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0001|     use or designed for use in planting, propagating, cultivating,
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0002|     growing, harvesting, manufacturing, compounding, converting,
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0003|     producing, processing, preparing, testing, analyzing,
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0004|     packaging, repackaging, storing, containing, concealing,
    |
0005|     injecting, ingesting, inhaling or otherwise introducing into
    |
0006|     the human body a controlled substance or controlled substance
    |
0007|     analog in violation of the Controlled Substances Act.  It
    |
0008|     includes <s>[but is not limited to]</s>:
    |
0009|                    (1)  kits used, intended for use or designed
    |
0010|     for use in planting, propagating, cultivating, growing or
    |
0011|     harvesting any species of plant that is a controlled substance
    |
0012|     or controlled substance analog or from which a controlled
    |
0013|     substance can be derived;
    |
0014|                    (2)  kits used, intended for use or designed
    |
0015|     for use in manufacturing, compounding, converting, producing,
    |
0016|     processing or preparing controlled substances or controlled
    |
0017|     substance analogs;
    |
0018|                    (3)  isomerization devices used, intended for
    |
0019|     use or designed for use in increasing the potency of any
    |
0020|     species of plant that is a controlled substance;
    |
0021|                    (4)  testing equipment used, intended for use
    |
0022|     or designed for use in identifying or in analyzing the
    |
0023|     strength, effectiveness or purity of controlled substances or
    |
0024|     controlled substance analogs;
    |
0025|                    (5)  scales or balances used, intended for use
    |
0001|     or designed for use in weighing or measuring controlled
    |
0002|     substances or controlled substance analogs;
    |
0003|                    (6)  diluents and adulterants, such as quinine
    |
0004|     hydrochloride, mannitol, mannite dextrose and lactose, used,
    |
0005|     intended for use or designed for use in cutting controlled
    |
0006|     substances or controlled substance analogs;
    |
0007|                    (7)  separation gins and sifters used, intended
    |
0008|     for use or designed for use in removing twigs and seeds from or
    |
0009|     in otherwise cleaning and refining marijuana;
    |
0010|                    (8)  blenders, bowls, containers, spoons and
    |
0011|     mixing devices used, intended for use or designed for use in
    |
0012|     compounding controlled substances or controlled substance
    |
0013|     analogs;
    |
0014|                    (9)  capsules, balloons, envelopes and other
    |
0015|     containers used, intended for use or designed for use in
    |
0016|     packaging small quantities of controlled substances or
    |
0017|     controlled substance analogs;
    |
0018|                    (10)  containers and other objects used,
    |
0019|     intended for use or designed for use in storing or concealing
    |
0020|     controlled substances or controlled substance analogs;
    |
0021|                    (11)  hypodermic syringes, needles and other
    |
0022|     objects used, intended for use or designed for use in
    |
0023|     parenterally injecting controlled substances or controlled
    |
0024|     substance analogs into the human body;
    |
0025|                    (12)  objects used, intended for use or
    |
0001|     designed for use in ingesting, inhaling or otherwise
    |
0002|     introducing marijuana, cocaine, hashish or hashish oil into the
    |
0003|     human body, such as:
    |
0004|                         (a)  metal, wooden, acrylic, glass,
    |
0005|     stone, plastic or ceramic pipes, with or without screens,
    |
0006|     permanent screens, hashish heads or punctured metal bowls;
    |
0007|                         (b)  water pipes;
    |
0008|                         (c)  carburetion tubes and devices;
    |
0009|                         (d)  smoking and carburetion masks;
    |
0010|                         (e)  roach clips, meaning objects used to
    |
0011|     hold burning material, such as a marijuana cigarette, that has
    |
0012|     become too small to hold in the hand;
    |
0013|                         (f)  miniature cocaine spoons and cocaine
    |
0014|     vials;
    |
0015|                         (g)  chamber pipes;
    |
0016|                         (h)  carburetor pipes;
    |
0017|                         (i)  electric pipes;
    |
0018|                         (j)  air-driven pipes;
    |
0019|                         (k)  chilams;
    |
0020|                         (l)  bongs; or
    |
0021|                         (m)  ice pipes or chillers; and
    |
0022|                    (13)  in determining whether an object is drug
    |
0023|     paraphernalia, a court or other authority should consider, in
    |
0024|     addition to all other logically relevant factors, the
    |
0025|     following:
    |
0001|                         (a)  statements by the owner or by anyone
    |
0002|     in control of the object concerning its use;
    |
0003|                         (b)  the proximity of the object, in time
    |
0004|     and space, to a direct violation of the Controlled Substances
    |
0005|     Act or any other law relating to controlled substances or
    |
0006|     controlled substance analogs;
    |
0007|                         (c)  the proximity of the object to
    |
0008|     controlled substances or controlled substance analogs;
    |
0009|                         (d)  the existence of any residue of a
    |
0010|     controlled substance or controlled substance analog on the
    |
0011|     object;
    |
0012|                         (e)  instructions, written or oral,
    |
0013|     provided with the object concerning its use;
    |
0014|                         (f)  descriptive materials accompanying
    |
0015|     the object that explain or depict its use;
    |
0016|                         (g)  the manner in which the object is
    |
0017|     displayed for sale; and
    |
0018|                         (h)  expert testimony concerning its use;
    |
0019|               W.  "controlled substance analog" means a substance
    |
0020|     other than a controlled substance that has a chemical structure
    |
0021|     substantially similar to that of a controlled substance in
    |
0022|     Schedule I, II, III, IV or V or that was specifically designed
    |
0023|     to produce effects substantially similar to that of controlled
    |
0024|     substances in Schedule I, II, III, IV or V.  Examples of
    |
0025|     chemical classes in which controlled substance analogs are
    |
0001|     found include <s>[but are not limited to]</s> the following:
    |
0002|                    (1)  phenethylamines;
    |
0003|                    (2)  N-substituted piperidines;
    |
0004|                    (3)  morphinans;
    |
0005|                    (4) <s>[ecogonines]</s> <u>ecgonines</u>;
    |
0006|                    (5)  quinazolinones;
    |
0007|                    (6)  substituted indoles; and
    |
0008|                    (7)  arylcycloalkylamines.
    |
0009|          Specifically excluded from the definition of "controlled
    |
0010|     substance analog" are those substances that are generally
    |
0011|     recognized as safe and effective within the meaning of the
    |
0012|     Federal Food, Drug and Cosmetic Act or have been manufactured,
    |
0013|     distributed or possessed in conformance with the provisions of
    |
0014|     an approved new drug application or an exemption for
    |
0015|     investigational use within the meaning of Section 505 of the
    |
0016|     Federal Food, Drug and Cosmetic Act; 
    |
0017|               X.  "human consumption" includes application,
    |
0018|     injection, inhalation, ingestion or any other manner of
    |
0019|     introduction whatsoever; and
    |
0020|               Y.  "drug-free school zone" means any public school
    |
0021|     or property that is used for public school purposes and the
    |
0022|     area within one thousand feet of the school property line, but
    |
0023|     it does not mean any post-secondary school."
    |
0024|                                - 21 -
    |
0025|     
    |
0001|     
    |
0002|     
    |
0003|                                                           State of New Mexico
    |
0004|                      House of Representatives
    |
0005|   
    |
0006|                      FORTY-THIRD LEGISLATURE
    |
0007|                        FIRST SESSION, 1997
    |
0008|   
    |
0009|   
    |
0010|                                               February 13, 1997
    |
0011|   
    |
0012|   
    |
0013|   Mr. Speaker:
    |
0014|   
    |
0015|        Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
    |
0016|   whom has been referred
    |
0017|   
    |
0018|                        HOUSE BILL 320
    |
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 1, line 11, strike "NURSING" and insert in lieu
    |
0024|   thereof "HEALTH".
    |
0025|   
    |
0001|        2.  On page 1, line 11, strike "AND DISPENSING" and insert
    |
0002|   in lieu thereof ", DISTRIBUTING AND ADMINISTERING".
    |
0003|   
    |
0004|        3.  On page 1, line 12, after "FOR" insert "DRUGS AND
    |
0005|   CONTROLLED SUBSTANCES TO".
    |
0006|   
    |
0007|        4.  On page 1, line 15, strike "Nursing Practice" and insert
    |
0008|   in lieu thereof "Public Health".
    |
0009|   
    |
0010|        5.  On page 2, line 4, strike "distribute" and insert in
    |
0011|   lieu thereof "prescribe, distribute and administer".
    |
0012|   
    |
0013|        6.  On page 5, line 4, strike "potentiality" and insert in
    |
0014|   lieu thereof "potential".
    |
0015|   
    |
0016|        7.  On page 7, line 4, after "licensed" insert "or
    |
0017|   certified", and on line 5 strike "which" and insert in lieu
    |
0018|   thereof "that".
    |
0019|   
    |
0020|        8. On page 15, line 24, after "licensed" insert "or
    |
0021|   certified".,
    |
0022|   
    |
0023|   and thence referred to the JUDICIARY COMMITTEE.
    |
0024|   
    |
0025|                                 Respectfully submitted,
    |
0001|   
    |
0002|   
    |
0003|   
    |
0004|                                 <u>                                
</u>    |
<u></u>0005| <u>  
</u>    |
<u></u>0006| <u>                                </u>                             Gary King, Chairman
    |
0007|   
    |
0008|   
    |
0009|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0010| <u>   </u>
    |
0011|             (Chief Clerk)                       (Chief Clerk)
    |
0012|   
    |
0013|                        Date <u>            </u>
    |
0014|   
    |
0015|   The roll call vote was<u> 4 </u> For<u> 3 </u> Against
    |
0016|   Yes:      4
    |
0017|             No:       Crook, Dana, Johnson
    |
0018|             Excused:  Heaton, Rios, Sandel
    |
0019|             Absent:   None
    |
0020|   
    |
0021|   
    |
0022|                                                 .116238.1ms
    |
0023|   G:\BILLTEXT\BILLW_97\H0320                       State of New Mexico
    |
0024|                      House of Representatives
    |
0025|   
    |
0001|                      FORTY-THIRD LEGISLATURE
    |
0002|                        FIRST SESSION, 1997
    |
0003|   
    |
0004|   
    |
0005|                                                   March 5, 1997
    |
0006|   
    |
0007|   
    |
0008|   Mr. Speaker:
    |
0009|   
    |
0010|        Your JUDICIARY COMMITTEE, to whom has been referred
    |
0011|   
    |
0012|                  HOUSE BILL 320, as amended
    |
0013|                               
    |
0014|   has had it under consideration and reports same with
    |
0015|   recommendation that it DO PASS, amended as follows:
    |
0016|   
    |
0017|        1.  On page 1, line 17, delete "AND".
    |
0018|   
    |
0019|        2.  On page 1, line 18, strike "DISPENSING" and insert in
    |
0020|   lieu thereof ", DISTRIBUTING AND ADMINISTERING".
    |
0021|   
    |
0022|                                 Respectfully submitted,
    |
0023|   
    |
0024|   
    |
0025|   
    |
0001|                                                               <u>                                
</u>    |
<u></u>0002| <u>                                </u>
    |
0003|                                                               Thomas P. Foy, Chairman
    |
0004|   
    |
0005|   
    |
0006|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0007| <u>   </u>
    |
0008|             (Chief Clerk)                       (Chief Clerk)
    |
0009|   
    |
0010|                        Date <u>            </u>
    |
0011|   
    |
0012|   The roll call vote was<u> 8 </u> For<u> 0 </u> Against
    |
0013|   Yes:      8
    |
0014|             Excused:  Alwin, Larranaga, Luna, Rios, Sanchez
    |
0015|             Absent:   None
    |
0016|   
    |
0017|   
    |
0018|   
    |
0019|   G:\BILLTEXT\BILLW_97\H0320  
    |
0020|   
    |
0021|                      FORTY-THIRD LEGISLATURE
    |
0022|                        FIRST SESSION, 1997                     
    |
0023|   
    |
0024|   
    |
0025|                                                  March 15, 1997
    |
0001|   
    |
0002|   Mr. President:
    |
0003|   
    |
0004|       Your PUBLIC AFFAIRS COMMITTEE, to whom has been
    |
0005|   referred
    |
0006|   
    |
0007|                     HOUSE BILL 320, as amended
    |
0008|   
    |
0009|   has had it under consideration and reports same with
    |
0010|   recommendation that it DO PASS, and thence referred to the
    |
0011|   CORPORATIONS & TRANSPORTATION COMMITTEE. 
    |
0012|                
    |
0013|                                Respectfully submitted,
    |
0014|   
    |
0015|   
    |
0016|   
    |
0017|                                
    |
0018|   __________________________________
    |
0019|                                Shannon Robinson, Chairman 
    |
0020|   
    |
0021|   
    |
0022|   
    |
0023|   Adopted_______________________   Not
    |
0024|   Adopted_______________________
    |
0025|             (Chief Clerk)                          (Chief Clerk)
    |
0001|   
    |
0002|   
    |
0003|                     Date ________________________
    |
0004|   
    |
0005|   
    |
0006|   The roll call vote was <u> 5 </u> For <u> 0 </u> Against
    |
0007|           Yes:    5
    |
0008|           No:     0
    |
0009|                Excused:     Adair, Ingle, Vernon, Smith
    |
0010|           Absent: None
    |
0011|   
    |
0012|   
    |
0013|   
    |
0014|   
    |
0015|   
    |
0016|   H0320PA1                                                     
    |
0017|   
    |
0018|     
    |
0019|   
    |
0020|                      FORTY-THIRD LEGISLATURE
    |
0021|                        FIRST SESSION, 1997
    |
0022|   
    |
0023|   
    |
0024|                                                  March 17, 1997
    |
0025|   
    |
0001|   Mr. President:
    |
0002|   
    |
0003|       Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
    |
0004|   whom has been referred
    |
0005|   
    |
0006|                     HOUSE BILL 320, as amended
    |
0007|   
    |
0008|   has had it under consideration and reports same with
    |
0009|   recommendation that it DO PASS.
    |
0010|   
    |
0011|                                Respectfully submitted,
    |
0012|   
    |
0013|   
    |
0014|   
    |
0015|                                
    |
0016|   __________________________________
    |
0017|                                Roman M. Maes, III, Chairman 
    |
0018|   
    |
0019|   
    |
0020|   
    |
0021|   Adopted_______________________   Not
    |
0022|   Adopted_______________________
    |
0023|             (Chief Clerk)                          (Chief Clerk)
    |
0024|   
    |
0025|   
    |
0001|   
    |
0002|                     Date ________________________
    |
0003|   
    |
0004|   
    |
0005|   The roll call vote was <u> 6 </u> For <u> 0 </u> Against
    |
0006|           Yes:    6
    |
0007|           No:     0
    |
0008|                Excused:     Fidel, Howes, McKibben, Robinson
    |
0009|           Absent: None
    |
0010|   
    |
0011|   
    |
0012|   H0320CT1
    |