New Mexico
Register / Volume XXXV, Issue 17 / September 10, 2024
NOTICE OF REGULAR
BOARD MEETING AND RULE HEARING
The New Mexico Board of Pharmacy will convene on October 17th
and 18th, 2024 at 9:00 a.m. and continue until finished in the Board
of Pharmacy Conference Room located at 5500 San Antonio Dr., NE, Albuquerque,
NM 87109 for the purpose of conducting a regular board meeting and rule
hearing.
The agenda is posted 72 hours prior to the scheduled
meeting. You may view and download a
copy of the agenda through the board’s website:
https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/pharmacy/pharmacy-board-information/pharmacy-board-meetings/. All proposed
language regarding rule hearings is linked to the Agenda, the Notice to the
Public on our website and the New
Mexico Sunshine Portal.
Individuals petitioning the
board regarding requests/waivers must submit documentation for presentation;
via fax (505) 222-9845, mail or email to the Board Administrator, at the
general e-mail pharmacy.board@rld.nm.gov at least one week in advance of the
scheduled meeting.
Interested persons wishing to
comment on proposed language regarding rule hearings may submit documentation
for presentation prior to the hearing; via fax (505) 222-9845, mail or email to
the Board Administrator, at the general e-mail pharmacy.board@rld.nm.gov in
advance of the scheduled meeting. Public
comment is also allowed during the rule hearing.
If you are an individual with a
disability who is in need of a reader, amplifier,
qualified sign language interpreter, or any other form of auxiliary aid or
service, or if you are in need of a translator to attend or participate in the
hearing or meeting, please contact Board Administrator at 505-222-9830 at least
one week prior to the meeting or as soon as possible. Public documents, including the agenda and
minutes, can be provided in various accessible formats. Please contact Board Administrator at 505-222-9830
or e-mail pharmacy.board@rld.nm.gov if a summary or other type of accessible
format is needed.
Short explanation of the Purpose of Proposed Rule
Amendments: see below.
The rule hearing is scheduled for October 17th,
2024, at 9:10 a.m.
16.19.4 NMAC – PHARMACIST – Sections 7 and 9 – add standard
of care to definitions and add failure to meet standard of care to definition
of unprofessional or dishonorable conduct.
As proposed, “Standard of care" means care provided by a licensee
that is within the accepted standard of care that would be provided in a same
or similar setting by a reasonably competent and prudent licensee or registrant
with similar education, training, and experience. The proposed change will enable the board to
regulate based on a contemporary construct consistent with advances in the
practice of pharmacy, rather than circumstance-specific rules.
STATUTORY AUTHORITY:
Paragraph (1) of Subsection A of Section 61-11-6 NMSA, 1978 authorizes
the board of pharmacy to adopt, regularly review and revise rules and
regulations necessary to carry out the provisions of the Pharmacy Act, Sections
61-11-1, 61-11-2, 61-11-4 to 61-11-28 NMSA 1978. Those provisions include the authority to:
A. deny or take disciplinary action
with respect to any certificate of registration or license held or applied for
under the Pharmacy Act, Section 61-11-20 NMSA 1978;
B. require and establish criteria for
continuing education as a condition of renewal of a pharmacist license,
Paragraph (4) of Subsection A of Section 61-11-6 NMSA 1978;
C. issue permits or licenses, as
defined and limited by board regulation, to nursing homes, industrial and
public health clinics and home care services, Paragraph (6) of Subsection A of
Section 61-11-6 and 61-11-14 NMSA 1978;
D. provide for the issuance and renewal
of licenses for pharmacists, Paragraph (3) of Subsection A of Section 61-11-6,
and 61-11-13 NMSA 1978;
E. provide for the registration of pharmacist
interns, their certification, annual renewal of certification, training,
supervision, and discipline, Paragraph (5) of Subsection A of Section 61-11-6
NMSA 1978; and
F. adopt rules and regulations that
establish patient counseling requirements,
Paragraph (18) of Subsection A of 61-11-6 NMSA 1978. Under the Pharmacist Prescriptive Authority
Act, Sections 61-11B-1 to 61-11B-3 NMSA 1978, the board is required to
establish regulations governing certification as a pharmacist clinician. The Impaired Pharmacists Act, Sections
61-11A-1 to 61-11A-8 NMSA 1978, requires the establishment by the board of a
plan for treatment and rehabilitation of impaired pharmacists. Subsection B of Section 61-1-36 NMSA 1978
authorizes the board of pharmacy to promulgate rules relating to listing
specific criminal convictions that could disqualify an applicant from receiving
a license on the basis of a previous felony
conviction. Subsection B of Section
28-2-3 NMSA 1978 prohibits the board of pharmacy from considering certain
criminal records to be used, distributed or disseminated in connection with an
application for a license. Section
28-2-4 NMSA 1978 authorizes the board of pharmacy the power to refuse to grant
or renew, or suspend or revoke a license where the
applicant or licensee has been convicted of a felony and the criminal
conviction directly relates to the particular profession and other convictions
specified.
Disciplinary Hearing(s):
October 17th, 1:30 p.m.: Laura Bellew
CS00214394, case 2023-064, Order to Show Cause
October 17th, 1:45 p.m.: Colleen Persson
PT00003846, case 2024-014
October 18th, 9:05 a.m.: Bestcare Angel
Fire: PH4273 NMCSR: CS223295; Bestcare Deming: PH4510
NMCSR: CS225075; Bestcare Springer: PH4337 NMCSR:
CS224054; Bestcare Mora: PH4422 NMCSR: CS224454; Bestcare Chama: PH4469 NMCSR: CS224747; Bestcare
Questa: PH4237 NMCSR: CS223136; Bestcare Lordsburg:
PH4387, NMCSR: CS224297, 2022-048
If additional scheduling occurs, the final hearing date and
time for each case will be included in the agenda posted to the board’s website
at least 72 hours before the meeting.
Executive Director’s Report:
Published in NM Register:
September 10, 2024
Published in Albuquerque Journal: September 10, 2024