TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 19 PHARMACISTS
PART 1 GENERAL PROVISIONS
16.19.1.1 ISSUING AGENCY:
Board of Pharmacy
[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]
16.19.1.2 SCOPE:
All Board of Pharmacy members and employees.
[02-15-96;
16.19.1.2 NMAC - Rn, 16 NMAC 19.1.2, 03-30-02]
16.19.1.3 STATUTORY AUTHORITY: The board of pharmacy is authorized under Paragraph (1) of Subsection A
of Section 61-11-6 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 directs the board to provide for the issuance and renewal of
licenses for pharmacists. Paragraphs
(12), (13) and (14) of Subsection A of Section 61-11-6 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 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]
16.19.1.4 DURATION: Permanent.
[02-15-96;
16.19.1.4 NMAC - Rn, 16 NMAC 19.1.4, 03-30-02]
16.19.1.5 EFFECTIVE DATE: February 15, 1996, unless a different date is cited at the end of a
Section or Paragraph. This Part reformatted for inclusion into the New Mexico
Administrative Code (NMAC) effective 2-15-96.
[02-15-96;
07-31-98; 16.19.1.5 NMAC - Rn, 16 NMAC 19.1.5, 03-30-02]
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, 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]
16.19.1.7 DEFINITIONS: [RESERVED]
[02-15-96;
16.19.1.7 NMAC - Rn, 16 NMAC 19.1.7, 03-30-02]
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 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 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]
16.19.1.10 EXECUTIVE DIRECTOR: The duties and responsibilities of the executive director or any
employee of thisboard shall be those which are detailed in the job descriptions
filed with the state personnel department.
[08-27-90;
16.19.1.10 NMAC - Rn, 16 NMAC 19.1.10, 03-30-02]
16.19.1.11 REGISTRY: 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]
16.19.1.12 PROTECTED ACTIONS AND COMMUNICATIONS:
A. All written and oral communication made by any person to
the board or any committee of the board relating to actual or potential
disciplinary action, which includes complaints made to the board or the
committee, shall be confidential communications and are not public records for
the purposes of the Inspection of Public Records Act [Chapter 14, Article 2
NMSA 1978]. All data, communications and
information acquired, prepared or disseminated by the board or a committee
relating to actual or potential disciplinary action or its investigation of
complaints shall not be disclosed except to the extent necessary to carry out
the purposes of the board or the committee or in a judicial appeal from the
actions of the board or the committee or in a referral of cases made to law
enforcement agencies, national database clearinghouses or other licensing
boards.
B. Information contained in complaint files is public
information and subject to disclosure when the board or the committee acts on a
complaint and issues a notice of contemplated action or reaches a settlement
prior to the issuance of a notice of contemplated action.
[16.19.1.12
NMAC - N, 08-16-10]
HISTORY OF 16.19.1 NMAC:
Pre-NMAC History:
The material in this part was derived from that previously filed with
the State Records Center and Archives:
BOP 69-2,
Rules and Regulations of the State Board of Pharmacy, 6-13-69.
BOP 69-3, New
Mexico Laws and Regulations, Pharmacy Act, Drug and Cosmetic Act, Narcotic Drug
Act, Poisons Act, Board of Pharmacy Rules and Regulations, 8-15-69.
BOP 72-1, New
Mexico Board of Pharmacy Rules and Regulations Promulgated Pursuant to New
Mexico Drug and Cosmetic Act, Pharmacy Act, Controlled Substances Act, 7-31-72.
Regulation
No. 1, Board of Pharmacy, 2-7-80.
Regulation
No. 1, Board of Pharmacy, 10-23-85.
Regulation
No. 1, Board of Pharmacy, 2-2-87.
Regulation
No. 1, Board of Pharmacy, 7-27-90.
History of Repealed Material:
BOP 72-1, New
Mexico Board of Pharmacy Rules and Regulations Promulgated Pursuant to New
Mexico Drug and Cosmetic Act, Pharmacy Act, Controlled Substances Act -
Repealed, 10-29-85.
Other History:
16 NMAC 19.1,
Pharmacists - General Provisions, filed 02-02-96, reformatted and renumbered to
16.19.1 NMAC, General Provisions, effective 03-30-2002.