New Mexico Register / Volume XXXV, Issue 9 / May 7, 2024
This is an
amendment to 16.19.1 NMAC, Section 1, 3, 6, 8, 9 and 11 effective 5/07/2024
16.19.1.1 ISSUING AGENCY: [Regulation
and Licensing Department] Board of Pharmacy [,
Albuquerque, NM.]
[02-15-96; 16.19.1.1 NMAC -
Rn, 16 NMAC 19.1.1, 03-30-02; A, 08-16-10; A, 5/07/2024]
16.19.1.3 STATUTORY AUTHORITY: The
board of pharmacy is authorized under Paragraph (1) of Subsection A of
Section 61-11-6 [(A)(1)] NMSA 1978 to
adopt, regularly review and revise rules and regulations necessary to carry out
the provisions of the Pharmacy Act, 61-11-1, 61-11-2, 61-11-4 to 61-11-28 NMSA
1978. Paragraph (3) of Subsection A of Section 61-11-6 [ (A)(3)]
directs the board to provide for the issuance and renewal of licenses for
pharmacists. Paragraphs (12), (13)
and (14) of Subsection A of Section[s] 61-11-6 [ (A) (12),
(13) and (14) ] NMSA 1978 authorize the board to employ and define the
duties of an executive officer, inspectors, and qualified employees. Subsection B of Section 61-11-5 [ (B)
] NMSA 1978 directs the board to meet at least once every three months.
[02-05-96; 7-31-98; 16.19.1.3
NMAC - Rn, 16 NMAC 19.1.3, 03-30-02; A, 5/07/2024]
16.19.1.6 OBJECTIVE: The
objective of Part 1 of Chapter 19 is to establish the location for regular
meetings of the board, designate persons to preside over board meetings,
establish standards for employees and members [who are required to give
surety bonds], and provide for employee job descriptions and a registry of
pharmacists.
[02-15-96; 16.19.1.6 NMAC -
Rn, 16 NMAC 19.1.6, 03-30-02; A, 5/07/2024]
16.19.1.8 MEETINGS:
A. The
chairman of the board shall preside at all meetings, preserve order, appoint
committees and decide all questions of order subject to appeal to the board. In
the absence of the chairman, the vice-chairman or a member of the board shall
preside. Roberts Rules of Order shall govern all proceedings.
B. Meetings
shall be held in the office of the board unless a [waiver is requested by a
majority of the board] different location (physical or virtual) is
designated by the board.
C. Examinations
shall be administered at a place or location specified by the board.
[08-27-90; 16.19.1.8 NMAC -
Rn, 16 NMAC 19.1.8, 03-30-02; A, 5/07/2024]
16.19.1.9 PENALTIES: As
provided in the Uniform Licensing Act, those individuals found to have violated
provisions of Subsection A of Section 61-11-20 NMSA 1978 [(A)]
may be fined up to $1,000 for each violation committed plus the cost of the
hearing and incurred investigative expenses.
[08-27-90; A, 07-31-98;
16.19.1.9 NMAC - Rn, 16 NMAC 19.1.9, 03-30-02; A, 5/07/2024]
16.19.1.11 REGISTRY: [Registry
of pharmacists to be maintained by the board shall record the name, registry
number, date of registration, grades of examination by subject, and if by
reciprocity, the name of the state from which examined] The board shall
provide a registry of all persons licensed as pharmacists or pharmacist interns
in the state, the board’s online license look up system shall satisfy this
requirement.
[08-27-90; 16.19.1.11 NMAC -
Rn, 16 NMAC 19.1.11, 03-30-02; A, 5/07/2024]