New Mexico 2019 Regular Session Status: Enacted 1 D cosponsors

SB 271 — PHARMACY LICENSURE & REGISTRATION COMPLIANCE

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    Introduced
  2. ✓
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  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 21, 2019. Enacted.

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Likely to advance 72% · moderate confidence

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  • Enacted

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    1 primary, 0 co-sponsors signed on.

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    Sponsorship is currently within one party (1 D).

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    Passed 1 recorded vote so far.

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Bill Text

What changed in the latest version

524 added · 873 removed

Plain-language change summary

The latest version of SB 271 introduces new licensure and registration compliance requirements for pharmacy professionals while removing terms related to liability and communication protections. This change is important because it clarifies what is expected from pharmacists and other professionals in terms of their responsibilities in compliance, potentially enhancing patient safety and professional accountability. By focusing on these compliance requirements, the bill aims to ensure that pharmacy practices meet specific standards, ultimately benefiting patients and the healthcare system.

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SENATE BILL 271 TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Pete Campos Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.
It is a tool to show the amendments in context and is not to be used for the purpose of amendments.
AMENDING AND ENACTING h SECTIONS OF THE PHARMACY ACT TO ESTABLISH ADDITIONAL LICENSURE g o AND REGISTRATION COMPLIANCE REQUIREMENTS SJCº AND PROVIDE t hr g e i k LIABILITY SPACºAND COMMUNICATION»SPAC SJCºAND h r i s COMMUNICATION»SJC PROTECTIONS;
AMENDING AND ENACTING SECTIONS OF THE PHARMACY ACT TO ESTABLISH ADDITIONAL LICENSURE AND REGISTRATION COMPLIANCE REQUIREMENTS.
PROVIDING PENALTIES»SJC.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
h , t, e u g e b l e e h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.
n d d i = = o h SECTION 1.
Section 61-11-2 NMSA 1978 (being Laws 1969, Chapter 29, Section 2, as amended) is amended to read:
Section 61-11-2 NMSA 1978 (being Laws 1969, l ] b ,d i a º e Chapter 29, Section 2, as amended) is amended to read:
"61-11-2.
r i = r t e w d m a n o "61-11-2.
d m :
A.
b e d s º o t n = .211255.3SA s k m e e a n e d r e l u [ A d A.
"confidential information" means information in the patient's pharmacy records accessed, maintained by or transmitted to the pharmacist or communicated to the patient as h part of patient counseling and may be released only to the u » r patient or as the patient directs;
"confidential information" means information in the patient's pharmacy records accessed, maintained by or transmitted to the pharmacist or communicated to the patient SB 271 Page 1 as part of patient counseling and may be released only to the patient or as the patient directs;
or to those licensed t h g e l i practitioners and other authorized health care professionals as h r i s defined by regulation of the board when, in the pharmacist's h , e h professional judgment, such release is necessary to protect the t u g e b l e e , gh patient's health and well-being;
or to those licensed practitioners and other authorized health care professionals as defined by regulation of the board when, in the pharmacist's professional judgment, such release is necessary to protect the patient's health and well-being;
or to [such ] other persons n d d i = = o h authorized by law to receive [such ] the information, regardless l ] b ,d i a º r of whether [such ] the information is on paper, preserved on e r = t e w d m a n o microfilm or stored on electronic media;
or to other persons authorized by law to receive the information, regardless of whether the information is on paper, preserved on microfilm or stored on electronic media;
d m :
E.
b r e t º o t n = .211255.3SA s k m e - 2 - e a n e d r e l u [ A d E.
h (2) "Caution:
SB 271 Page 2 (2) "Caution:
federal law restricts this drug g o t hr to use by or on the order of a licensed veterinarian.";
federal law restricts this drug to use by or on the order of a licensed veterinarian.";
or g e i k (3) "RX only";
or (3) "RX only";
h r i s H.
H.
"device" means an instrument, apparatus, h , t, implement, machine, contrivance, implant or similar or related e u g e b l e e h article, including a component part or accessory, that is n d d i = = o h required by federal law to bear the label, "Caution:
"device" means an instrument, apparatus, implement, machine, contrivance, implant or similar or related article, including a component part or accessory, that is required by federal law to bear the label, "Caution:
federal l ] b ,d i a º e or state law requires dispensing by or on the order of a r i = r t e w d m a n o physician.";
federal or state law requires dispensing by or on the order of a physician.";
d m :
I.
b e d s º o t n = .211255.3SA s k m e - 3 - e a n e d r e l u [ A d I.
(1) an article recognized as a drug in [any ] an official compendium or its supplement that is designated from time to time by the board for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals;
(1) an article recognized as a drug in an official compendium or its supplement that is designated from time to time by the board for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals;
(2) an article intended for use in the diagnosis, cure, mitigation, treatment or prevention of diseases in humans or other animals;
(2) an article intended for use in the diagnosis, cure, mitigation, treatment or prevention of SB 271 Page 3 diseases in humans or other animals;
h (3) an article, other than food, that affects g o t hr the structure or [any ] a function of the body of humans or g e i k other animals;
(3) an article, other than food, that affects the structure or a function of the body of humans or other animals;
and h r i s (4) an article intended for use as a component h , t, of an article described in Paragraph (1), (2) or (3) of this e u g e b l e e h subsection;
and (4) an article intended for use as a component of an article described in Paragraph (1), (2) or (3) of this subsection;
n d d i = = o h L.
L.
"drug regimen review" includes an evaluation of l ] b ,d i a º e a prescription and patient record for:
"drug regimen review" includes an evaluation of a prescription and patient record for:
r i = r t e w d m a n o (1) known allergies;
(1) known allergies;
d m :
(2) rational therapy contraindications;
b e d s º o t n = .211255.3SA s k m e - 4 - e a n e d r e l u [ A d (2) rational therapy contraindications;
O.
SB 271 Page 4 O.
"labeling" means the process of preparing and affixing a label to [any ] a drug container exclusive of the h labeling by a manufacturer, packer or distributor of a g o t hr nonprescription drug or commercially packaged prescription drug g e i k or device;
"labeling" means the process of preparing and affixing a label to a drug container exclusive of the labeling by a manufacturer, packer or distributor of a nonprescription drug or commercially packaged prescription drug or device;
and which label includes all information required by h r i s federal or state law or regulations adopted pursuant to federal h , t, or state law;
and which label includes all information required by federal or state law or regulations adopted pursuant to federal or state law;
e u g e b l e e h P.
P.
"licensed practitioner" means a person engaged n d d i = = o h in a profession licensed by [any ] a state, territory or l ] b ,d i a º e possession of the United States who, within the limits of [his ] r i = r t e w d m a n o the person's license, may lawfully prescribe, dispense or d m :
"licensed practitioner" means a person engaged in a profession licensed by a state, territory or possession of the United States who, within the limits of the person's license, may lawfully prescribe, dispense or administer drugs for the treatment of a patient's condition;
b e d s º o t n = .211255.3SA s k m e - 5 - e a n e d r e l u [ A d administer drugs for the treatment of a patient's condition;
"manufacturing" means the production, preparation, propagation, conversion or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis and includes packaging or repackaging, labeling or relabeling and the promotion and marketing of [such ] the drugs or devices.
"manufacturing" means the production, preparation, propagation, conversion or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis and includes packaging or repackaging, labeling or relabeling and the promotion and marketing of the drugs or devices.
"nonprescription drugs" means nonnarcotic medicines or drugs that may be sold without a prescription and are prepackaged for use by a consumer and are labeled in accordance with the laws and regulations of the state and federal governments;
"nonprescription drugs" means nonnarcotic medicines or drugs that may be sold without a prescription and are prepackaged for use by a consumer and are labeled in SB 271 Page 5 accordance with the laws and regulations of the state and federal governments;
Show all 172 changed rows (132 more)
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h S.
S.
"nonresident pharmacy" means any pharmacy u » r located outside New Mexico that ships, mails or delivers, in t h g e l i any manner, drugs into New Mexico;
"nonresident pharmacy" means any pharmacy located outside New Mexico that ships, mails or delivers, in any manner, drugs into New Mexico;
h r i s T.
T.
"outsourcing facility" means a facility at one h , e h geographic location or address that engages in the compounding t u g e b l e e , gh of sterile drugs, is licensed by the board and, in accordance n d d i = = o h with board rules, is currently registered with the United l ] b ,d i a º r States food and drug administration as an outsourcing facility;
"outsourcing facility" means a facility at one geographic location or address that engages in the compounding of sterile drugs, is licensed by the board and, in accordance with board rules, is currently registered with the United States food and drug administration as an outsourcing facility;
e r = t e w d m a n o [T.] U.
U.
"patient counseling" means the oral d m :
"patient counseling" means the oral communication by the pharmacist of information to a patient or the patient's agent or caregiver regarding proper use of a drug or device;
b r e t º o t n = .211255.3SA s k m e - 6 - e a n e d r e l u [ A d communication by the pharmacist of information to a patient or [his] the patient's agent or caregiver regarding proper use of a drug or device;
V.
[U.
] V.
[V.
W.
] W.
[W.
X.
] X.
"pharmacist" means a person who is licensed as SB 271 Page 6 a pharmacist in this state;
"pharmacist" means a person who is licensed as a pharmacist in this state;
Y.
[X.
"pharmacist in charge" means a pharmacist who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs and who is personally in full and actual charge of the pharmacy and its personnel;
] Y.
Z.
"pharmacist in charge" means a pharmacist who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice h of pharmacy and the distribution of drugs and who is personally g o t hr in full and actual charge of the pharmacy and its personnel;
"pharmacy" means a place of business licensed by the board where drugs are compounded or dispensed and pharmaceutical care is provided;
g e i k [Y.
AA.
] Z.
"pharmacist intern" means a person licensed by the board to train under a pharmacist;
"pharmacy" means a [licensed] place of h r i s business licensed by the board where drugs are compounded or h , t, dispensed and pharmaceutical care is provided;
BB.
e u g e b l e e h [Z.
"pharmacy technician" means a person who is registered to perform repetitive tasks not requiring the professional judgment of a pharmacist;
] AA.
CC.
"pharmacist intern" means a person n d d i = = o h licensed by the board to train under a pharmacist;
l ] b ,d i a º e [AA.
] BB.
"pharmacy technician" means a person who r i = r t e w d m a n o is registered to perform repetitive tasks not requiring the d m :
b e d s º o t n = .211255.3SA s k m e - 7 - e a n e d r e l u [ A d professional judgment of a pharmacist;
[BB.
] CC.
the proper and safe storage of drugs and devices;
the proper and safe storage of SB 271 Page 7 drugs and devices;
[CC.
DD.
] DD.
"prescription" means an order given individually for the person for whom prescribed, either directly from a licensed practitioner or the licensed practitioner's agent to the pharmacist, including electronic transmission or indirectly by means of a written order signed by the prescriber, that bears the name and address of the prescriber, the prescriber's license classification, the name and address of the patient, the name and quantity of the drug prescribed, directions for use and the date of issue;
"prescription" means an order given individually for the person for whom prescribed, either directly from a licensed practitioner or [his ] the licensed practitioner's agent to the pharmacist, including electronic h transmission or indirectly by means of a written order signed u » r by the prescriber, that bears the name and address of the t h g e l i prescriber, [his ] the prescriber's license classification, the h r i s name and address of the patient, the name and quantity of the h , e h drug prescribed, directions for use and the date of issue;
EE.
t u g e b l e e , gh EE.
"repackager" means a person that repackages a drug, including a medicinal gas, and that, in accordance with board rules, has a valid registration as a drug establishment with the United States food and drug administration;
"repackager" means a person that repackages a n d d i = = o h drug, including a medicinal gas, and that, in accordance with l ] b ,d i a º r board rules, has a valid registration as a drug establishment e r = t e w d m a n o with the United States food and drug administration;
FF.
d m :
b r e t º o t n = .211255.3SA s k m e - 8 - e a n e d r e l u [ A d [DD.] FF.
[and ] GG.
GG.
and [EE.
and HH.
] HH.
"wholesale drug distributor" means a person SB 271 Page 8 engaged in the wholesale distribution of prescription drugs, including own-label distributors, private-label distributors, jobbers, brokers, manufacturers' warehouses, distributor's warehouses, chain drug warehouses, wholesale drug warehouses, independent wholesale drug traders and retail pharmacies that conduct wholesale distribution." SECTION 2.
"wholesale drug distributor" means a person engaged in the wholesale distribution of prescription drugs, including SPACº manufacturers,»SPAC [repackers] own- label distributors, private-label distributors, jobbers, brokers, [manufacturer's ] manufacturers' warehouses, distributor's warehouses, chain drug warehouses, wholesale drug h warehouses, independent wholesale drug traders and retail g o t hr pharmacies that conduct wholesale distribution." g e i k SECTION 2.
Section 61-11-9.1 NMSA 1978 (being Laws 2007, Chapter 79, Section 4) is amended to read:
Section 61-11-9.1 NMSA 1978 (being Laws 2007, h r i s Chapter 79, Section 4) is amended to read:
"61-11-9.1.
h , t, "61-11-9.1.
SURETY BONDS.-- A.
SURETY BONDS.-- e u g e b l e e h A.
The board may require surety bonds or other equivalent means of security, as approved by the board, that are provided by a third party such as insurance, an irrevocable letter of credit or funds deposited in a trust account or financial institution, to secure payment for any administrative or judicial penalties that may be imposed by the board or the state and for any penalties or costs required by board rule or disciplinary action.
The board may require surety bonds or other n d d i = = o h equivalent means of security, as approved by the board, that l ] b ,d i a º e are provided by a third party such as insurance, an irrevocable r i = r t e w d m a n o letter of credit or funds deposited in a trust account or d m :
b e d s º o t n = .211255.3SA s k m e - 9 - e a n e d r e l u [ A d financial institution, to secure payment for any administrative or judicial penalties that may be imposed by the board or the state and for any penalties or costs required by board rule or disciplinary action.
Surety bonds or other equivalent means of security as approved by the board and required in this section shall apply to initial applicants or renewal applicants as a condition for obtaining or maintaining licensure as a drug manufacturer, nonresident pharmacy, [or] wholesale drug distributor, outsourcing facility, repackager or third-party logistics provider.
Surety bonds or other equivalent means of security as approved by the board and required in this section shall apply to initial applicants or renewal applicants as a condition for obtaining or maintaining licensure as a drug manufacturer, nonresident pharmacy, wholesale drug distributor, outsourcing facility, repackager or third-party logistics provider.
The board shall set by rule the amount and conditions of the surety bond or other equivalent means of security authorized in this section.
The board shall set by rule the amount and SB 271 Page 9 conditions of the surety bond or other equivalent means of security authorized in this section.
The board may waive the surety bond or other requirements of this section if it determines that it is in the h best interest of the public to do so.
The board may waive the surety bond or other requirements of this section if it determines that it is in the best interest of the public to do so.
Such waivers may be u » r granted under conditions established by board rule.
Such waivers may be granted under conditions established by board rule.
t h g e l i E.
E.
Manufacturers distributing their own products h r i s that have been licensed or approved by the food and drug h , e h administration and pharmacy warehouses that are engaged only in t u g e b l e e , gh intracompany transfers are exempt from this section.
Manufacturers distributing their own products that have been licensed or approved by the food and drug administration and pharmacy warehouses that are engaged only in intracompany transfers are exempt from this section.
n d d i = = o h F.
F.
A separate surety bond or other equivalent means l ] b ,d i a º r of security is not required for each company's separate e r = t e w d m a n o locations or for affiliated companies or groups when such d m :
A separate surety bond or other equivalent means of security is not required for each company's separate locations or for affiliated companies or groups when such separate locations or affiliated companies or groups are required to apply for or renew their drug manufacturer, nonresident pharmacy, wholesale drug distributor, outsourcing facility, repackager or third-party logistics provider license with the board." SECTION 3.
b r e t º o t n = .211255.3SA s k m e - 10 - e a n e d r e l u [ A d separate locations or affiliated companies or groups are required to apply for or renew their drug manufacturer, nonresident pharmacy, wholesale drug distributor, outsourcing facility, repackager or third-party logistics provider license with the board." SECTION 3.
be not less than eighteen years of age and not be addicted to the use of drugs or alcohol;
be not less than eighteen years of age and not SB 271 Page 10 be addicted to the use of drugs or alcohol;
have satisfactorily completed [not less than thirty semester hours or the equivalent thereof] educational requirements established by rules of the board in a school or h college of pharmacy approved by the board;
have satisfactorily completed educational requirements established by rules of the board in a school or college of pharmacy approved by the board;
and g o t hr C.
and C.
meet other requirements established by g e i k regulation of the board." h r i s SECTION 4.
meet other requirements established by regulation of the board." SECTION 4.
Section 61-11-14 NMSA 1978 (being Laws 1969, h , t, Chapter 29, Section 13, as amended) is amended to read:
Section 61-11-14 NMSA 1978 (being Laws 1969, Chapter 29, Section 13, as amended) is amended to read:
e u g e b l e e h "61-11-14.
"61-11-14.
PHARMACY LICENSURE--[WHOLESALE DRUG n d d i = = o h DISTRIBUTION BUSINESS LICENSURE] CLASSES OF LICENSES-- l ] b ,d i a º e REQUIREMENTS--FEES--REVOCATION.-- r i = r t e w d m a n o A.
PHARMACY LICENSURE--CLASSES OF LICENSES-- REQUIREMENTS--FEES--REVOCATION.-- A.
Any person who desires to operate or maintain d m :
Any person who desires to operate or maintain the operation of a pharmacy or who engages in an activity in this state requiring licensure by the board shall apply to the board for the proper license and shall meet the requirements of the board and pay the fee for the license and its renewal.
b e d s º o t n = .211255.3SA s k m e - 11 - e a n e d r e l u [ A d the operation of a pharmacy or who engages in [a wholesale drug distribution business] an activity in this state requiring licensure by the board shall apply to the board for the proper license and shall meet the requirements of the board and pay the fee for the license and its renewal.
(7) community health clinic;
SB 271 Page 11 (7) community health clinic;
(8) department of health public health h offices;
(8) department of health public health offices;
g o t hr (9) custodial care facility;
(9) custodial care facility;
g e i k (10) home care services;
(10) home care services;
h r i s (11) emergency medical services;
(11) emergency medical services;
h , t, (12) animal control facilities;
(12) animal control facilities;
e u g e b l e e h (13) wholesaler, retailer or distributor of n d d i = = o h veterinary drugs bearing the legend:
(13) wholesaler, retailer or distributor of veterinary drugs bearing the legend:
federal law l ] b ,d i a º e restricts this drug to use by or on the order of a licensed r i = r t e w d m a n o veterinarian".
federal law restricts this drug to use by or on the order of a licensed veterinarian".
Such drugs may be sold or dispensed by any d m :
Such drugs may be sold or dispensed by any person possessing a retail pharmacy license, outsourcing facility license, repackager license, wholesale drug distributor's license or drug manufacturer's license issued by the board, without the necessity of acquiring an additional license for veterinary drugs;
b e d s º o t n = .211255.3SA s k m e - 12 - e a n e d r e l u [ A d person possessing a retail pharmacy license, outsourcing facility license, repackager license, wholesale drug distributor's license or drug manufacturer's license issued by the board, without the necessity of acquiring an additional license for veterinary drugs;
[and ] (19) medicinal gas sellers;
(19) medicinal gas sellers;
C.
SB 271 Page 12 C.
h (1) a license for a retail pharmacy, g o t hr nonresident pharmacy, hospital pharmacy or drug research g e i k facility shall be accompanied by a fee set by the board in an h r i s amount not to exceed three hundred dollars ($300) per year;
(1) a license for a retail pharmacy, nonresident pharmacy, hospital pharmacy or drug research facility shall be accompanied by a fee set by the board in an amount not to exceed three hundred dollars ($300) per year;
h , t, (2) a license for a wholesale drug e u g e b l e e h distributor, drug manufacturer [or ], drug warehouse, n d d i = = o h outsourcing facility, repackager or third-party logistics l ] b ,d i a º e provider shall be accompanied by a fee not to exceed one r i = r t e w d m a n o thousand dollars ($1,000) per year;
(2) a license for a wholesale drug distributor, drug manufacturer, drug warehouse, outsourcing facility, repackager or third-party logistics provider shall be accompanied by a fee not to exceed one thousand dollars ($1,000) per year;
d m :
(3) a license for a custodial care facility or a returned drugs processor business shall be accompanied by a fee set by the board in an amount not to exceed two hundred dollars ($200) per year;
b e d s º o t n = .211255.3SA s k m e - 13 - e a n e d r e l u [ A d (3) a license for a custodial care facility or a returned drugs processor business shall be accompanied by a fee set by the board in an amount not to exceed two hundred dollars ($200) per year;
[or ] wholesaler, retailer or distributor of veterinary drugs;
wholesaler, retailer or distributor of veterinary drugs;
If it is desired to operate or maintain a pharmaceutical business at more than one location, a separate license shall be obtained for each location.
If it is desired to operate or maintain a pharmaceutical business at more than one location, a separate SB 271 Page 13 license shall be obtained for each location.
h F.
F.
Any person making application to the board for a u » r license to operate a facility or business listed in Subsection t h g e l i B of this section in this state shall submit to the board an h r i s application for licensure indicating:
Any person making application to the board for a license to operate a facility or business listed in Subsection B of this section in this state shall submit to the board an application for licensure indicating:
h , e h (1) the name under which the business is to be t u g e b l e e , gh operated;
(1) the name under which the business is to be operated;
n d d i = = o h (2) the address of each location to be l ] b ,d i a º r licensed and the address of the principal office of the e r = t e w d m a n o business;
(2) the address of each location to be licensed and the address of the principal office of the business;
d m :
(3) in the case of a retail pharmacy, the name and address of the owner, partner or officer or director of a corporate owner;
b r e t º o t n = .211255.3SA s k m e - 14 - e a n e d r e l u [ A d (3) in the case of a retail pharmacy, the name and address of the owner, partner or officer or director of a corporate owner;
and (7) other information the board may require, including a criminal background check and financial history, provided that manufacturers distributing their own products that have been licensed or approved by the food and drug administration shall be exempt from criminal background check and financial history requirements pursuant to this section.
and (7) other information the board may require, including a criminal background check and financial history, provided that manufacturers distributing their own products that have been licensed or approved by the food and drug SB 271 Page 14 administration shall be exempt from criminal background check and financial history requirements pursuant to this section.
After preliminary approval of the application h for a license for any facility or business listed in Paragraphs u » r (1) through (8) and (10) through [(19) ] (22) of Subsection B of t h g e l i this section, a request for an inspection, together with an h r i s inspection fee not to exceed two hundred dollars ($200), shall h , e h be submitted to the board for each business location, and an t u g e b l e e , gh inspection shall be made of each location by the board or its n d d i = = o h agent.
After preliminary approval of the application for a license for any facility or business listed in Paragraphs (1) through (8) and (10) through (22) of Subsection B of this section, a request for an inspection, together with an inspection fee not to exceed two hundred dollars ($200), shall be submitted to the board for each business location, and an inspection shall be made of each location by the board or its agent.
l ] b ,d i a º r H.
H.
Following a deficiency-free inspection, the e r = t e w d m a n o executive director of the board may issue a temporary license d m :
Following a deficiency-free inspection, the executive director of the board may issue a temporary license to the applicant.
b r e t º o t n = .211255.3SA s k m e - 15 - e a n e d r e l u [ A d to the applicant.
The board, after notice and a refusal or failure to comply, may suspend or revoke any license issued under the provisions of the Pharmacy Act at any time examination or inspection of the operation for which the license was granted h discloses that the operation is not being conducted according u » r to law or regulations of the board.
The board, after notice and a refusal or SB 271 Page 15 failure to comply, may suspend or revoke any license issued under the provisions of the Pharmacy Act at any time examination or inspection of the operation for which the license was granted discloses that the operation is not being conducted according to law or regulations of the board.
t h g e l i K.
K.
Pharmaceutical sales representatives who carry h r i s dangerous drugs shall provide the board with a written h , e h statement from the representative's employer that describes the t u g e b l e e , gh employer's policy relating to the safety and security of the n d d i = = o h handling of dangerous drugs and to the employer's compliance l ] b ,d i a º r with the federal Prescription Drug Marketing Act of 1987.
Pharmaceutical sales representatives who carry dangerous drugs shall provide the board with a written statement from the representative's employer that describes the employer's policy relating to the safety and security of the handling of dangerous drugs and to the employer's compliance with the federal Prescription Drug Marketing Act of 1987.
e r = t e w d m a n o Pharmaceutical sales representatives are not subject to the d m :
Pharmaceutical sales representatives are not subject to the licensing provisions of the Pharmacy Act." SECTION 5.
b r e t º o t n = .211255.3SA s k m e - 16 - e a n e d r e l u [ A d licensing provisions of the Pharmacy Act." SECTION 5.
(2) is convicted of a violation of [any ] a federal law relating to controlled substances, [any] a federal food and drug law or [any ] a federal law requiring the maintenance of drug records;
(2) is convicted of a violation of a federal SB 271 Page 16 law relating to controlled substances, a federal food and drug law or a federal law requiring the maintenance of drug records;
h (3) is guilty of a violation of the Controlled g o t hr Substances Act, the Drug Product Selection Act, the Imitation g e i k Controlled Substance Act, the Pharmacy Act, [or] the New Mexico h r i s Drug, Device and Cosmetic Act or the Drug Precursor Act ;
(3) is guilty of a violation of the Controlled Substances Act, the Drug Product Selection Act, the Imitation Controlled Substance Act, the Pharmacy Act, the New Mexico Drug, Device and Cosmetic Act or the Drug Precursor Act;
h , t, (4) is addicted to the use of dangerous drugs e u g e b l e e h or narcotic drugs of any kind;
(4) is addicted to the use of dangerous drugs or narcotic drugs of any kind;
n d d i = = o h (5) is habitually intemperate;
(5) is habitually intemperate;
l ] b ,d i a º e (6) is guilty of knowingly or fraudulently r i = r t e w d m a n o adulterating or misbranding or causing to be adulterated or d m :
(6) is guilty of knowingly or fraudulently adulterating or misbranding or causing to be adulterated or misbranded any drugs;
b e d s º o t n = .211255.3SA s k m e - 17 - e a n e d r e l u [ A d misbranded any drugs;
(7) is guilty of procuring or attempting to procure licensure as a pharmacist or pharmacist intern, registration as a pharmacy technician or licensure for a pharmacy or pharmaceutical business in this state for the licensee's or applicant's own self or another by knowingly making or causing to be made false representations to the board;
(7) is guilty of procuring or attempting to procure licensure as a pharmacist or pharmacist intern, registration as a pharmacy technician or licensure for a pharmacy or pharmaceutical business in this state for [himself ] the licensee's or applicant's own self or another by knowingly making or causing to be made false representations to the board;
(9) fails to maintain any drug [records ] record required by [any] federal law [resulting] and that failure results in the condemnation of any drugs in [his] the licensee's or applicant's possession or control;
SB 271 Page 17 (9) fails to maintain any drug record required by federal law and that failure results in the condemnation of any drugs in the licensee's or applicant's possession or control;
h (10) is convicted of [any ] a felony;
(10) is convicted of a felony;
g o t hr (11) has furnished false or fraudulent g e i k material in [any ] an application made in connection with drug h r i s or device manufacturing or distribution;
(11) has furnished false or fraudulent material in an application made in connection with drug or device manufacturing or distribution;
h , t, (12) has had [any ] a nonresident pharmacy, e u g e b l e e h drug manufacturer, [or ] wholesale drug distributor, returned n d d i = = o h drugs processor, outsourcing facility, repackager or third- l ] b ,d i a º e party logistics provider license or federal registration r i = r t e w d m a n o suspended or revoked;
(12) has had a nonresident pharmacy, drug manufacturer, wholesale drug distributor, returned drugs processor, outsourcing facility, repackager or third-party logistics provider license or federal registration suspended or revoked;
d m :
(13) has obtained remuneration for professional services by fraud, misrepresentation or deception;
b e d s º o t n = .211255.3SA s k m e - 18 - e a n e d r e l u [ A d (13) has obtained [any] remuneration for professional services by fraud, misrepresentation or deception;
(14) has dealt with drugs or devices that the licensee or applicant knew or should have known were stolen;
(14) has dealt with drugs or devices that [he ] the licensee or applicant knew or should have known were stolen;
(16) is a wholesale drug distributor, manufacturer, outsourcing facility or repackager other than a pharmacy and dispenses or distributes drugs or devices directly to a patient;
(16) is a wholesale drug distributor, SB 271 Page 18 manufacturer, outsourcing facility or repackager other than a pharmacy and dispenses or distributes drugs or devices directly to a patient;
(17) has violated [any ] a rule [or regulation] adopted by the board pursuant to the Pharmacy Act;
(17) has violated a rule adopted by the board pursuant to the Pharmacy Act;
or h (18) has divulged or revealed confidential g o t hr information or personally identifiable information to a person g e i k other than a person authorized by the provisions of the h r i s Pharmacy Act or regulations adopted pursuant to that act to h , t, receive [such ] that information.
or (18) has divulged or revealed confidential information or personally identifiable information to a person other than a person authorized by the provisions of the Pharmacy Act or regulations adopted pursuant to that act to receive that information.
e u g e b l e e h B.
B.
Disciplinary proceedings may be instituted by n d d i = = o h [any] a person, shall be by sworn complaint and shall conform l ] b ,d i a º e with the provisions of the Uniform Licensing Act.
Disciplinary proceedings may be instituted by a person, shall be by sworn complaint and shall conform with the provisions of the Uniform Licensing Act.
[Any ] A r i = r t e w d m a n o party to the hearing may obtain a copy of the hearing record d m :
A party to the hearing may obtain a copy of the hearing record upon payment of costs for the copy.
b e d s º o t n = .211255.3SA s k m e - 19 - e a n e d r e l u [ A d upon payment of costs for the copy.
The board may modify [any ] a prior order of revocation, suspension or refusal to issue a license of a pharmacist or a pharmacist intern or registration of a pharmacy technician but only upon a finding by the board that there no longer exist any grounds for disciplinary action;
The board may modify a prior order of revocation, suspension or refusal to issue a license of a pharmacist or a pharmacist intern or registration of a pharmacy technician but only upon a finding by the board that there no longer exist any grounds for disciplinary action;
provided that [any ] cessation of the practice of pharmacy for twelve months or more shall require the pharmacist to undergo additional education, internship or examination as the board determines necessary." SJCº SECTION 6.
provided that cessation of the practice of pharmacy for twelve months or more shall require the pharmacist to undergo additional education, internship or examination as the board determines necessary." SB 271 Page 19 25
A new section of the Pharmacy Act is enacted to read:
"[NEW MATERIAL] PROTECTED SJCºSPACºCOMMUNICATION ACTIONS»SPAC»SJC SJCºCOMMUNICATION»SJC.-- A.
No current or former member of the board, officer, administrator, staff member, committee member, h examiner, representative, agent, employee, consultant, witness u » r or any other person serving or having served the board shall t h g e l i bear liability or be subject to civil damages or criminal h r i s prosecutions for any action or omission undertaken or performed h , e h within the scope of the board's duties.
t u g e b l e e , gh SJCºSPACºB.
Written and oral communications made by any n d d i = = o h person to the board relating to actual and potential l ] b ,d i a º r e r = disciplinary action shall be confidential communications and t e w d m a n o are not public records for the purposes of the Inspection of d m :
b r e t º o t n = .211255.3SA s k m e - 20 - e a n e d r e l u [ A d Public Records Act.
All data, communications and information acquired by the board relating to actual or potential disciplinary action shall not be disclosed except to the extent necessary to carry out the board's purposes or in a judicial appeal from the board's actions.»SPAC »SJC SJCºB.
Written and oral communications made by any person to the board relating to actual and potential disciplinary action shall be confidential communications and are not public records for the purposes of the Inspection of Public Records Act.
All data, communications and information acquired by the board relating to actual or potential disciplinary action shall not be disclosed except to the extent necessary to carry out the board's purposes or in a judicial appeal from the board's actions.»SJC SJCºSPACºC.
B.»SPAC»SJC SJCºC.»SJC No person or legal entity providing information to the board in good faith, h whether as a report, a complaint or testimony, shall be subject u » r t h to civil damages or criminal prosecutions."»SJC g e l i - 21 - h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = .211255.3SA s k m e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. DO PASS committee report adopted

  5. Sent to House Health & Human Services Committee & House Judiciary Committee

  6. passed Senate

  7. DO PASS, as amended, committee report adopted

  8. DO PASS, as amended, committee report adopted

  9. Sent to Senate Public Affairs Committee & Senate Judiciary Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

senate passage

Passed 32 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Republican 5001
Unaffiliated 17007
Democrat 10002
Total 320010
% of votes cast 76%0%0%24%
How each member voted (42)
Member Party Vote
PAYNE — Yea
BURT — Yea
PIRTLE — Yea
CANDELARIA — Yea
RODRIGUEZ — Yea
FULFER — Yea
SANCHEZ — Yea
GOULD — Yea
SAPIEN — Yea
GRIGGS — Yea
SEDILLO-LOPEZ — Yea
IVEY-SOTO — Yea
KERNAN — Yea
MOORES — Yea
O'NEILL — Yea
WHITE — Yea
RUE — Not Voting
NEVILLE — Not Voting
PAPEN — Not Voting
CISNEROS — Not Voting
INGLE — Not Voting
SMITH — Not Voting
TALLMAN — Not Voting
ORTIZ y PINO — Yea
Antoinette Sedillo Lopez Democrat Not Voting
Benny Shendo, Jr. Democrat Yea
Elizabeth "Liz" Stefanics Democrat Yea
George K. Muñoz Democrat Yea
Jeff Steinborn Democrat Yea
Joseph Cervantes Democrat Yea
Michael Padilla Democrat Yea
Mimi Stewart Democrat Yea
Pete Campos Democrat Yea
Peter Wirth Democrat Yea
Shannon D. Pinto Democrat Not Voting
William P. Soules Democrat Yea
Alan T. Martinez Republican Yea
Brian G. Baca Republican Yea
Craig W. Brandt Republican Yea
Gabriel Ramos Republican Yea
Pat Woods Republican Yea
William E. Sharer Republican Not Voting

Official roll call →

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 271?
SB 271 is sponsored by Pete Campos (Democrat).
What is the current status of SB 271?
This bill has been enacted into law. Introduced January 21, 2019. Enacted.
Where can I track SB 271?
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