TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 19 PHARMACISTS
PART 3 RECIPROCITY
16.19.3.1 ISSUING AGENCY: Board of
Pharmacy
[02-15-96; 16.19.3.1 NMAC -
Rn, 16 NMAC 19.3.1, 03-30-02; A, 01-31-07; A, 10-19-16;
A, 5/07/2024]
16.19.3.2 SCOPE: All applicants
for licensure as pharmacists by reciprocity.
[02-15-96; 16.19.3.2 NMAC -
Rn, 16 NMAC 19.3.2, 03-30-02]
16.19.3.3 STATUTORY AUTHORITY: Section
61-11-10 NMSA 1978 authorizes the board of pharmacy to issue a certificate of
licensure as a pharmacist, with or without examination, by reciprocity.
[02-15-96; 16.19.3.3 NMAC - Rn, 16 NMAC 19.3.3,
03-30-02; A, 10-19-16]
16.19.3.4 DURATION: Permanent.
[02-15-96; 16.19.3.4 NMAC -
Rn, 16 NMAC 19.3.4, 03-30-02]
16.19.3.5 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; A, 04-30-98;
16.19.3.5 NMAC - Rn, 16 NMAC 19.3.5, 03-30-02]
16.19.3.6 OBJECTIVE: The objective
of Part 3 of Chapter 19 is to recognize qualifications of pharmacists licensed
by examination in other states that grant reciprocal privileges in New Mexico
and to establish uniform criteria for obtaining licensure as a pharmacist by
reciprocity.
[02-15-96; 16.19.3.6 NMAC -
Rn, 16 NMAC 19.3.6, 03-30-02; A, 10-19-16]
16.19.3.7 DEFINITIONS: [RESERVED]
[02-15-96; 16.19.3.7 NMAC -
Rn, 16 NMAC 19.3.7, 03-30-02]
16.19.3.8 RECIPROCAL LICENSURE: Reciprocal
licensure shall be granted to those persons licensed by examination as a
licensed pharmacist in other states or territories of the United States which
grant reciprocal privileges to persons licensed as pharmacists by examination
in New Mexico. An applicant must be a
graduate of an approved college of pharmacy and have completed required intern training or have worked one year as a
licensed pharmacist in the state in which the applicant has licensure by
examination.
[08-27-90; 16.19.3.8 NMAC -
Rn, 16 NMAC 19.3.8, 03-30-02; A, 10-19-16; A, 5/07/2024]
16.19.3.9 APPLICANT INELIGIBLE:
A. An
applicant shall be deemed to be ineligible to reciprocate if licensure in the
state of examination is not current; or if the pharmacist has worked less than
one year or internship requirements at the time of examination, did not meet
New Mexico's internship requirements.
B. An applicant who qualifies
for and acquired a license in a state that does not grant reciprocal privileges
with New Mexico shall be deemed ineligible for reciprocal licensure.
[08-27-90; 16.19.3.9 NMAC -
Rn, 16 NMAC 19.3.9, 03-30-02; A, 10-19-16; A, 5/07/2024]
16.19.3.10 REINSTATEMENT OF RECIPROCITY LICENSE,
ELIGIBLITY:
A. An
applicant must have current pharmacist licensure in the state in which the
applicant has licensed by examination.
B. If an applicant has not been active in the area of pharmacy practice for greater than two years but less than six years, the pharmacist
candidate shall complete the following:
(1) submit renewal form;
(2) pay past renewal fees and
reinstatement fees;
(3) submit proof of continuing education
for each inactive renewal period;
(4) submit proof of completed internship
a minimum of 60 hours for each year of inactivity;
(5) successfully complete the Multistate Pharmacy Jurisprudence Examination (MPJE); and
(6) submit a current letter of good
standing from the state of examination.
C. In lieu of past renewal fees,
reinstatement fees and proof of continuing education, an inactive pharmacist
shall successfully complete the internship minimum of 60 hours for each year of
inactivity, and successfully pass the North
American Pharmacist Licensure Examination (NAPLEX) and the MPJE.
D. If a pharmacist has not been active in the area of pharmacy practice for six years or more, the
pharmacist candidate shall:
(1) complete the internship minimum of 60
hours for each year of inactivity; and
(2) successfully pass the NAPLEX and the
MPJE.
[08-27-90; 16.19.3.10 NMAC -
Rn, 16 NMAC 19.3.10, 03-30-02; A, 10-19-16; A, 5/07/2024]
16.19.3.11 JURISPRUDENCE EXAMINATION:
A. An
applicant for reciprocity will be required to submit all paperwork required for
reciprocity, and take and pass the MPJE prior to
issuance of a license.
B. Failure
to take the MPJE within one year after the application is received shall
nullify the application and a refund of fees will not be made.
C. Upon submittal of the proper
application and fee, a candidate may repeat the MPJE. A candidate shall take the MPJE no more than four
consecutive times without passing, and the time limit is three years from the
first exam attempt. Failure to finish
the examination is counted as an attempt.
Candidates who fail or do not complete the MPJE shall wait a period of
at least 30 days prior to retaking the examination.
[07-28-91; 16.19.3.11 NMAC -
Rn, 16 NMAC 19.3.11, 03-30-02; A, 10-19-16; A, 5/07/2024]
16.19.3.12 PHOTO REQUIRED: Each
applicant for licensure shall furnish a current photograph, head
and shoulders only, approximately 3 x 4 inches.
[07-28-91; 16.19.3.12 NMAC -
Rn, 16 NMAC 19.3.12, 03-30-02; A, 10-19-16; A, 5/07/2024]
16.19.3.13 EVIDENCE OF QUALIFICATIONS: The New
Mexico board of pharmacy shall deem an applicant ineligible to be licensed by
reciprocity if the application that they submit fails to furnish evidence:
A. that
the license which applicant acquired by examination in the state from which
they apply is in good standing;
B. that
applicant completed the NAPLEX examination with a passing score;
C. that
applicant is not addicted to the use of alcohol, narcotic or hypnotic drugs;
D. that
the applicant has not been charged with, convicted, fined
or had their license suspended or revoked for violation laws pursuant to the
provisions of 16.19.4.8 NMAC.
[08-27-90; 16.19.3.13 NMAC -
Rn, 16 NMAC 19.3.13, 03-30-02; A, 10-19-16; A, 5/07/2024]
16.19.3.14 PENDING INDICTMENT OR ALLEGED
VIOLATIONS: An applicant may be ineligible for reciprocal
licensure if there is pending an indictment or alleged violation of any law
pursuant to the provisions of 16.19.4.8 NMAC.
[08-27-90; 16.19.3.14 NMAC -
Rn, 16 NMAC 19.3.14, 03-30-02; A, 10-19-16; A, 5/07/2024]
16.19.3.15 EXPEDITED
LICENSE:
A. Definitions as used
in this section.
(1) “expedited
license” is a one-year provisional license that confers the same rights,
privileges and responsibilities as a regular license issued by the board;
(2) “military
service member” means a person who is:
(a) serving in the armed forces of the
United States as an active duty member, or in an active reserve component of
the armed forces of the United States, including the national guard;
(b) the spouse of a person who is serving
in the armed forces of the United States or in an active reserve component of
the armed forces of the United States, including the national guard, or a
surviving spouse of a member who at the time of the member's death was serving
on active duty; or
(c) the child of a military service
member if the child is also a dependent of that person for federal income tax
purposes.
(3) “veteran” means a person who has received an honorable
discharge or separation from military serviceof the
United States.
B. Alternative
licensing procedure. An applicant for
expedited licensure who meets all the requirements of this part may be granted
a provisional license by reciprocity after completing the National Association
of Boards of Pharmacy (NABP) application for pharmacist license by reciprocity
(license transfer program application) and submitting an
application for pharmacist license by reciprocity to the board, but
prior to taking and passing the NM MPJE.
C. Persons
who provide acceptable evidence of being currently licensed by examination
under the laws of other states in the United States and the District of
Columbia, shall be authorized to practice pharmacy for a period of one year
from the date of expedited license
issuance after receipt of a complete application in proper form and license fee
as outlined in 16.19.12 NMAC.
D. Expedited licenses will be issued no more than 30 days
after a complete application meeting all requirements for licensure is received by the board.
E. The
expedited licensee shall be subject to discipline in the same manner as those
holding a full license, and shall be subject to
immediate suspension upon reasonable evidence of false or incorrect statements
in the documents submitted or if found not to be in good standing in other
states.
F. The
expedited license shall not be renewed or extended as a provisional license
except as allowed by Section 16 of this Part. Before the end of the
expedited license term and upon application, a board may renew the license as a
regular license after applicant passes the NM MPJE.
G. Military service members, including a spouse,
dependent, and veteran, are exempt from the initial license fee and initial
license renewal fee paid to the board set forth in 16.19.12 NMAC, and must
provide documentation of eligibility:
(1) For a
military service member, a copy of the service member’s military orders.
(2) For
a spouse of a military service member, a copy of the service member’s military
orders and a copy of the marriage license.
(3) For
a spouse of a deceased military service member, a copy
of the decedent’s DD 214 and a copy of marriage license.
(4) For
dependent children of military service members, a copy of military service
members orders listing dependent child, or a copy of military orders and one of
the following: a copy of birth certificate, military service federal tax
return, or other governmental or judicial documentation establishing
dependency.
(5) For veterans, retired or separated,
proof of honorable discharge, a copy of DD 214, DD 215, DD 265, DD 257, NGB 22,
military ID card, a state-issued driver’s license or identification card with
veteran’s designation, a veteran ID card (VIC) issued by the U.S Department of
Veteran’s Affairs, or other official documentation verifying the veteran’s
honorable discharge from military service.
[16.19.3.15 NMAC - N,
01-31-07; A, 10-19-16; A, 5/07/2024]
16.19.3.16 PORTABILITY OF PHARMACIST LICENSE,
SERVICE MEMBERS AND SPOUSES:
Service members, as defined
in 50 USC § 3911, and their spouses who relocate residency to New Mexico
because of military orders for military service, may apply for and be issued a
provisional pharmacist license by reciprocity, without taking the NM MPJE,
during the duration of such military orders if the:
A. license
is in good standing with the authority that issued it;
B. license
was actively used during the two years immediately preceding the relocation;
C. applicant meets the requirements of this part
and completes the NABP application for pharmacist license by reciprocity and submits an application for pharmacist license by reciprocity
to the board;
D. applicant
provides documentation of eligibility and a copy of such military orders to the
board;
E. applicant
remains in good standing with:
(1) the
licensing authority that issued the covered license; and
(2) every other licensing authority that
has issued to the service member or the spouse of a service member a pharmacist
license;
F. applicant submits to the authority of the board for the purposes
of standards of practice, discipline, and fulfillment of any continuing
education requirements.
[16.19.3.16 NMAC - N, 5/07/2024]
HISTORY OF 16.19.3 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. 3,
Reciprocity, 2-7-80.
Regulation No. 3,
Reciprocity, 10-23-85.
Regulation No. 3,
Reciprocity, 2-2-87.
Regulation No. 3,
Reciprocity, 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 19.3, Pharmacists -
Reciprocity, filed 02-02-96, reformatted and renumbered to 16.19.3 NMAC,
Reciprocity, effective 03-30-2002.