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