SB 182 — LICENSURE OF PHARMACISTS

SENATEFIFTY-FOURTH BILL 182 54TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSIO,SESSION, 2019 INTRODUCEDMarch BY4, Gerald2019 OrtizMr. y Pino 6 8 10 AN ACT RELATING TO PROFESSIONAL LICENSURE;

AMENDINGSpeaker: A PROVISION OF THE PHARMACY ACT TO REMOVE THE PROHIBITION AGAINST NON-PHARMACISTS' USE OF PHARMACY INSIGNIAS OR DEVICES.

15Your BEHEALTH IT& ENACTEDHUMAN BYSERVICES THECOMMITTEE LEGISLATURE, OFto THEwhom has been referred SENATE BILL 182 has had it under consideration and reports same with recommendation that it DO PASS , and thence referred to the STATE OFGOVERNMENT, NEWELECTIONS MEXICO:& INDIAN AFFAIRS COMMITTEE .

SECTIONRespectfully 1.submitted, Deborah Armstrong, Chair Adopted Not Adopted (Chief Clerk) (Chief Clerk) Date The roll call vote was 5 For 0 Against Yes:

Section5 61-11-21No: NMSA 1978 (being Laws 1969, e t 17 Chapter 29, Section 20, as amended) is amended to read:

w0 lExcused: n d 18 "61-11-21.

LICENSINGArmstrong, OFD., PHARMACISTSArmstrong, ANDG. PHARMACIES = = 19 REQUIRED.-- a l i a e r 20 A.

UnlessAbsent: [he ] a person is a pharmacist or is a t m m 21 exempted under the Pharmacy Act, no person shall sell at retail d r e 22 any dangerous drug, compound any prescription or acquire and c e s k 23 possess any dangerous drug without its being prescribed.

eCook aZ:\CommRep\SB0182HC1.wpd n b 24 B.

No person shall conduct or operate a place used u [ for the retail sale, compounding or dispensing of drugs or .211440.1 prescriptions or a place represented by a sign or by advertisement to have a business name or specialization that includes the words "pharmacist", "pharmacy", "apothecary", "apothecary shop", "chemist's shop", "drug store", "drugs", ] a "druggist", "drug sundries", "prescriptions" or [any combination of these [or any other words of similar import or by an insignia or device] that might indicate to the public that the place is a pharmacy unless the place is licensed by the board under the Pharmacy Act.

C.

No person shall permit anyone in [his ] the person's employ or under [his] the person's supervision, except a pharmacist, pharmacist intern or pharmacy technician, to compound, dispense, label or otherwise prepare prescriptions.

D.

The provisions of Subsections A, B and C of this section shall not apply to a person possessing a license issued pursuant to Subsection B of Section 61-11-14 NMSA 1978 for the e e 17 sale or distribution of veterinary drugs bearing the legend:

e e n d 18 "caution:

federal law restricts this drug to use by or on the = = l ] 19 order of a licensed veterinarian";

provided that the possessors a l r i 20 of such a license may only sell or distribute such drugs on the t e a t order of a licensed veterinarian and may not represent their m m 21 e d r e 22 place of business by a sign or advertisement that includes the c e r c 23 words "pharmacist", "pharmacy", "apothecary", "apothecary e a n b 24 shop", "chemist's shop", "drug store", "drugs", "druggist", u [ "drug sundries", "prescriptions" or [any ] a combination of .211440.1 - 2 - these [or any words of similar import or by an insignia or device] that might indicate to the public that the place is a pharmacy." - 3 - 6 8 10 12 14 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .211440.1