New Mexico 2021 Regular Session Status: Enacted

SB 122 — NON-PHARMACIST USE OF INSIGNIAS

Last action — Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 19, 2021. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

53 added · 121 removed

Plain-language change summary

The recent amendment to Bill SB 122 removes the restriction preventing non-pharmacists from using terms like "apothecary," "apothecary shop," and similar pharmacy-related signs or symbols in their advertising. This change is significant because it allows businesses that are not pharmacies to market themselves using these traditional terms, which could potentially increase competition and variety in the marketplace. It may also help small businesses reach customers looking for alternative health solutions without being misleading about their services.

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SENATE BILL 122 55TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Gerald Ortiz y Pino This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AN ACT RELATING TO PROFESSIONAL LICENSURE;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
AMENDING A PROVISION OF THE PHARMACY ACT TO REMOVE THE PROHIBITION AGAINST NON-PHARMACISTS' USE OF THE WORDS "APOTHECARY", "APOTHECARY SHOP" AND OTHER WORDS OF SIMILAR IMPORT AND PHARMACY-RELATED INSIGNIAS OR DEVICES ON SIGNS OR ADVERTISEMENTS.
h AN ACT g o RELATING TO PROFESSIONAL LICENSURE;
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
AMENDING A PROVISION OF THE t hr g e i k PHARMACY ACT TO REMOVE THE PROHIBITION AGAINST NON-PHARMACISTS' h r i s USE OF Sfl1º PHARMACY»Sfl1 Sfl1ºTHE WORDS "APOTHECARY", h , t, "APOTHECARY SHOP" AND OTHER WORDS OF SIMILAR IMPORT AND e u g e b l e e h PHARMACY-RELATED»Sfl1 INSIGNIAS OR DEVICES Sfl1ºON SIGNS OR n d d i = = o h ADVERTISEMENTS»Sfl1 .
SECTION 1.
l ] b ,d i a º e r i = r t e w d m a n o BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
d m :
b e d s º o t n = .218446.1AIC February 19, 2021 (10:41pm) s k m e e a n e d r e l u [ A d SECTION 1.
Unless [he ] a person is a pharmacist or is exempted under the Pharmacy Act, no person shall sell at retail any dangerous drug, compound any prescription or acquire and possess any dangerous drug without its being prescribed.
Unless a person is a pharmacist or is exempted under the Pharmacy Act, no person shall sell at retail any dangerous drug, compound any prescription or acquire and possess any dangerous drug without its being prescribed.
No person shall conduct or operate a place used for the retail sale, compounding or dispensing of drugs or prescriptions or a place represented by a sign or by advertisement to have a business name or specialization that includes the words "pharmacist", "pharmacy", SJCº "apothecary", "apothecary shop",»SJC "chemist's shop", "drug store", "drugs", "druggist", "drug sundries", "prescriptions" or [any] a combination of these [or any other words of similar import or by an insignia or device] that might indicate to the public h g that the place is a pharmacy unless the place is licensed by o t hr the board under the Pharmacy Act.
No person shall conduct or operate a place used for the retail sale, compounding or dispensing of drugs or prescriptions or a place represented by a sign or by advertisement to have a business name or specialization that includes the words "pharmacist", "pharmacy", "chemist's shop", "drug store", "drugs", "druggist", "drug sundries", "prescriptions" or a combination of these that might indicate to the public that the place is a pharmacy unless the place is licensed by the board under the Pharmacy Act.
g e i k C.
SB 122 Page 1 C.
No person shall permit anyone in [his ] the h r i s h person's employ or under [his] the person's supervision, except , t, e u g a pharmacist, pharmacist intern or pharmacy technician, to e b l e e h compound, dispense, label or otherwise prepare prescriptions.
No person shall permit anyone in the person's employ or under the person's supervision, except a pharmacist, pharmacist intern or pharmacy technician, to compound, dispense, label or otherwise prepare prescriptions.
n d d i = = o h D.
D.
The provisions of Subsections A, B and C of this l ] b ,d i a º e r i = r section shall not apply to a person possessing a license issued t e w d m a n o pursuant to Subsection B of Section 61-11-14 NMSA 1978 for the d m :
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 sale or distribution of veterinary drugs bearing the legend:
b e d s º o t n = .218446.1AIC February 19, 2021 (10:41pm) s k m e e a n e d r e l u [ A d sale or distribution of veterinary drugs bearing the legend:
provided that the possessors of such a license may only sell or distribute such drugs on the order of a licensed veterinarian and may not represent their place of business by a sign or advertisement that includes the words "pharmacist", "pharmacy", SJCº"apothecary", "apothecary shop",»SJC "chemist's shop", "drug store", "drugs", "druggist", "drug sundries", "prescriptions" or [any] a combination of 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 - h u » r t h g e l i 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 :
provided that the possessors of such a license may only sell or distribute such drugs on the order of a licensed veterinarian and may not represent their place of business by a sign or advertisement that includes the words "pharmacist", "pharmacy", "chemist's shop", "drug store", "drugs", "druggist", "drug sundries", "prescriptions" or a combination of these that might indicate to the public that the place is a pharmacy." SB 122 Page 2 25
b r e t º o t n = .218446.1AIC February 19, 2021 (10:41pm) 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 Commerce & Economic Development Committee & House Health & Human Services Committee

  6. passed Senate

  7. floor substitute adopted (1 amendment)

  8. DO PASS, as amended, committee report adopted

  9. DO PASS committee report adopted

  10. Sent to Senate Health and Public Affairs Committee & Senate Judiciary Committee

Sponsors

  • Gerald Ortiz y Pino · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 112 not signed on

Sponsors (1)

  • Ortiz y Pino, Gerald

Co-sponsors (0)

None.

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"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

Subjects

healthcare labor
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 122?
SB 122 is sponsored by Ortiz y Pino, Gerald.
What is the current status of SB 122?
This bill has been enacted into law. Introduced January 19, 2021. Enacted.
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