TITLE
16 OCCUPATIONAL AND
PROFESSIONAL LICENSING
CHAPTER
19 PHARMACISTS
PART
20 CONTROLLED
SUBSTANCES
16.19.20.1 ISSUING AGENCY: Board of Pharmacy.
[16.19.20.1
NMAC - Rp 16.19.20.1 NMAC, 6/26/2018, A, 12/15/2020]
16.19.20.2 SCOPE: All persons or entities that manufacture,
distribute, dispense, administer, prescribe, deliver, analyze, or conduct
research using controlled substances.
[16.19.20.2
NMAC - Rp 16.19.20.2 NMAC, 6/26/2018]
16.19.20.3 STATUTORY AUTHORITY:
Section 30-31-11 of the Controlled Substances Act, 30-31-1 through
30-31-42 NMSA 1978, authorizes the board of pharmacy to promulgate regulations
and charge reasonable fees for the registration and control of the manufacture,
distribution and dispensing of controlled substances. Paragraph (2) of Subsection B of Section
61-11-6 authorizes the board to provide by regulation for the electronic
transmission of prescriptions.
[16.19.20.3 NMAC - Rp
16.19.20.3 NMAC, 6/26/2018, A, 12/15/2020]
16.19.20.4 DURATION:
Permanent.
[16.19.20.4
NMAC - Rp 16.19.20.4 NMAC, 6/26/2018]
16.19.20.5 EFFECTIVE DATE:
June 26, 2018, unless a different date is cited at the end of a section.
[16.19.20.5
NMAC - Rp 16.19.20.5 NMAC, 6/26/2018]
16.19.20.6 OBJECTIVE:
The objective of Part 20 of Chapter 19 is to protect the public health
and welfare of the citizens of New Mexico by controlling and monitoring access
to controlled substances and to give notice of the board’s designation of particular substances as controlled substances.
[16.19.20.6
NMAC - Rp 16.19.20.6 NMAC, 6/26/2018]
16.19.20.7 DEFINITIONS: [RESERVED]
[16.19.20.7
NMAC - Rp 16.19.20.7 NMAC, 6/26/2018]
16.19.20.8 REGISTRATION REQUIREMENTS: Persons required to register:
A. manufacture - term includes repackagers;
B. distributors - term includes wholesale drug distributors;
C. dispensers - pharmacies, hospital pharmacies, clinics (both
health and veterinarian);
D. practitioners - includes a physician, doctor of oriental medicine, dentist, physician assistant,
certified nurse practitioner, clinical nurse specialist, certified
nurse-midwife, veterinarian, pharmacist, pharmacist clinician, certified
registered nurse anesthetists, psychologists, chiropractic examiner, euthanasia
technicians or other person licensed or certified to prescribe and administer
drugs that are subject to the Controlled Substances Act. Practitioners,
excluding veterinarians, must register with the New Mexico prescription
monitoring program in conjunction with their controlled substance registration.
E. scientific investigators or researchers;
F. analytical laboratories and chemical analysis laboratories;
G. teaching institutes;
H. special projects and demonstrations which bear directly on
misuse or abuse of controlled substances - may include public agencies,
institutions of higher education and private organizations;
I. registration
waiver: an individual licensed
practitioner (e.g., intern, resident, staff physician, mid-level practitioner)
who is an agent or employee of a hospital or clinic, licensed by the board,
may, when acting in the usual course of employment or business, order
controlled substances, for administration to the patients of the facility,
under controlled substance registration of the hospital or clinic in which he
or she is employed provided that:
(1) the
ordering of controlled substances for administration, to the patients of the
hospital or clinic, is in the usual course of professional practice and the
hospital or clinic authorizes the practitioner to order controlled substances
for the administration to its patients under its state controlled substance
registration;
(2) the
hospital or clinic has verified with the practitioner's licensing board that
the practitioner is permitted to order controlled substances within the state;
(3) the
practitioner acts only within their scope of employment in that hospital or
clinic;
(4) the
hospital or clinic maintains a current list of practitioners given such
authorization and includes the practitioner's full name, date of birth,
professional classification and license number, and home and business addresses
and phone numbers;
(5) the
list is available at all times to board inspectors,
the DEA, law enforcement and health professional licensing boards; and
(6) the
hospital or clinic shall submit a current list of authorized practitioners with
each hospital or clinic controlled substance renewal application.
[16.19.20.8
NMAC - Rp 16.19.20.8 NMAC, 6/26/2018]
16.19.20.9 REGISTRATION AND EXPIRATION
DATES:
A. Any person who is required to be registered and who is not
registered may apply for registration at any time.
B. In December 1982 all registrant renewal dates will be
assigned to one of 12 groups which shall correspond to the months of the
year. Thereafter, any person who first
registers will also be assigned to one of the 12 groups.
C. Expiration date of the registration of all individuals or
businesses within any group will be the last day of the month designated for
that group. Renewal date will be within
30 days of the date shown on the registration permit and will expire on that
date if not renewed by the registrant.
[16.19.20.9
NMAC - Rp 16.19.20.9 NMAC, 6/26/2018; A, 12/17/2019; A, 10/10/2023]
16.19.20.10 REGISTRATION FEE:
A. The registration fee or renewal fee required by the
Controlled Substances Act shall be as listed in 16.19.12 NMAC
B. Research applicants registered as a practitioner shall not
be required to register as a scientific investigator if he is registered as a
practitioner. However, this does not
exempt him from the regulations applicable to a scientific investigator.
C. Duplicate license - $10.00
[16.19.20.10
NMAC - Rp 16.19.20.10 NMAC, 6/26/2018, A, 12/15/2020]
16.19.20.11 APPLICATION FORMS: Application forms may be obtained from the board of
pharmacy, Albuquerque, New Mexico.
[16.19.20.11
NMAC - Rp 16.19.20.11 NMAC, 6/26/2018]
16.19.20.12 SCHEDULES: Applications shall designate the schedule of controlled
substances and whether the application is for narcotic or non-narcotic in
schedules I through V.
[16.19.20.12
NMAC - Rp 16.19.20.12 NMAC, 6/26/2018]
16.19.20.13 SEPARATE REGISTRATION OF EACH
PRINCIPAL PLACE OF BUSINESS: Separate registration is
required for each principal place of business or professional practice with the
address indicated on the application if drugs are dispensed or distributed from
the different locations. NOTE: This does not include warehouse storage
areas; office used by agents for soliciting which contain no controlled
substances other than samples, physician’s office where controlled substances
are prescribed but not administered or otherwise dispensed.
[16.19.20.13
NMAC - Rp 16.19.20.13 NMAC, 6/26/2018]
16.19.20.14 INFORMATION REQUIRED:
A. The board shall register an applicant to manufacture or
distribute controlled substances unless it determines that the issuance of that
registration would be inconsistent with the public interest. In determining the public interest, the board
may consider the following factors from information listed on the application:
(1) maintenance
of effective controls against diversion of controlled substances;
(2) compliance with
applicable state and local law;
(3) any convictions of
the applicant under any federal or state laws relating to any controlled
substance;
(4) past
experience in the manufacture or distribution of controlled substances,
and the existence in the applicant’s establishment of effective controls
against diversion;
(5) furnishing by the
applicant of false or fraudulent material in any application filed under the
Controlled Substances Act;
(6) suspension or
revocation of the applicant’s federal registration to manufacture, distribute
or dispense controlled substances as authorized by federal law; and
(7) any other factors
relevant to and consistent with the public health and safety.
B. Each application shall include all information as required
on the application form, including but not limited to a current DEA
registration and professional license, and shall be signed by the applicant.
[16.19.20.14
NMAC - Rp 16.19.20.14 NMAC, 6/26/2018]
16.19.20.15 FACILITY INSPECTION: The board of pharmacy may direct the drug inspector to
inspect the facilities prior to approval of any application for security
provision and other applicable standards as required by the Controlled
Substances Act.
[16.19.20.15
NMAC - Rp 16.19.20.15 NMAC, 6/26/2018]
16.19.20.16 PROCEDURE SUMMARY, RESEARCH: A scientific investigator or research applicant shall submit
a summary of procedures indicating the nature, extent and duration of such
research. The summary shall also include
the names of individuals engaged in the project (other than those exempt under
the Controlled Substances Act) the name or names of the substances to be used
in the research project, the adequacy of safeguards against diversion of the
controlled substance(s) to be used, source of supply of controlled substance(s)
if applicable, and evidence of FDA and DEA approval and registration if
registered by the federal agencies.
[16.19.20.16
NMAC - Rp 16.19.20.16 NMAC, 6/26/2018; A, 12/17/2019]
16.19.20.17 ANALYTICAL LABORATORIES:
A. Analytical laboratory applicants shall submit application on
the form provided by the board. All
applicable questions on the application shall be filled in and signed by the
person in charge of the facility.
B. Quantities of controlled substances in possession of
analytical laboratories shall be limited to such quantities as required for
reference standards, assays or other scientific purposes.
[16.19.20.17
NMAC - Rp 16.19.20.17 NMAC, 6/26/2018]
16.19.20.18 EXEMPTION OF LAW ENFORCEMENT
OFFICIALS: Registration is waived for the
following persons:
A. Any officer or employee of the state or federal customs
agency, the state police, or any enforcement officer of any political
subdivision of the state, who is engaged in the enforcement of any federal,
state and local law relating to controlled substances and is duly authorized to
possess controlled substances in the course of his official duties.
B. Any official exempted by this section may procure any
controlled substance in the course of an inspection
pursuant to Section 31 of the Controlled Substances Act or in the course of any
criminal investigation involving the person from whom the substance was
procured.
C. Laboratory personnel, when acting in the scope of their
official duties, are also exempt from registration under the Controlled
Substances Act.
[16.19.20.18
NMAC - Rp 16.19.20.18 NMAC, 6/26/2018]
16.19.20.19 MODIFICATION, TRANSFER AND
TERMINATION OF REGISTRATION:
A. Modification of a
registration to authorize additional controlled substances may be made by
filing an application in the same number as an application for a new
registration. No fee shall be required
for such modification.
B. Registration shall terminate if and when
a registrant dies, discontinues business or professional practice, has his
professional license revoked or suspended, no longer possesses a DEA
registration or has had his DEA registration revoked or suspended, or changes
his name or address as shown on the registration. In such instances, the registrant or his
estate shall notify the board of pharmacy promptly of such fact and return
certificate of registration to the board within 30 days.
C. Inventories and records of controlled substances listed in
schedules II, III, IV and V shall be maintained either separately from all
other records or in such form that the information required is readily
retrievable from ordinary business records of the registrant.
D. In the event of a change in name or address the person shall
file an application in the same number as an application for modification of a
registration. No fee shall be required
for such modification.
E. Registration under the Controlled Substances Act shall not
be transferable.
[16.19.20.19
NMAC - Rp 16.19.20.19 NMAC, 6/26/2018]
16.19.20.20 INVENTORY RECORDS:
A. All registrants are required to keep inventory and
procurement records.
B. All registrants
shall comply with the following inventory requirements: schedule I, II, III, IV and V initial,
annual, newly controlled substances, change in pharmacist in charge, and
transfer of pharmacy ownership.
C. All registrants
shall conduct an initial inventory of all controlled substances on hand on the
date they first engage in controlled substances activity. In the event a registrant commences business
with no controlled substances on hand, he/she shall record this fact on the
initial inventory.
D. The annual
inventory date shall be May 1 or on the registrant’s regular general physical
inventory date, provided that the registrant shall notify the board of pharmacy
of the set alternate annual inventory date.
The actual taking of the inventory should not vary more than four days
before or after the annual inventory date (May 1 or set alternate date).
E. On the effective date that a substance is added to any
schedule of controlled substances, which substance was, immediately prior to
that date, not listed on any schedule, every registrant who possesses that
substance shall take an inventory of all stock of the substance on hand and
file this record with the other inventory records as required.
F. Upon the change
of a pharmacist-in-charge, an inventory of all controlled substances shall be
taken within 72 hours, by the new pharmacist-in-charge.
G. Upon transfer of
ownership of a pharmacy, an inventory of all controlled substances shall be
taken by the pharmacist-in-charge.
H. The inventory
shall include:
(1) the
date;
(2) time
taken (i.e., opening or close of business);
(3) drug
name;
(4) the
drug strength;
(5) the
drug form (e.g., tablet, capsule, etc.);
(6) the
number of units or volume;
(7) the
total quantity. A commercial container which has been opened
shall be the exact count or measure of substances listed in schedule I or
schedule II. If the substance is listed
in schedule III, IV or V, he shall make an estimated count or measure of the
contents, unless the container holds more than 1,000 tablets or capsules in
which case the count must be exact;
(8) expired
or unusable controlled substances shall be documented as such, and inventoried.
(9) The
name, address and DEA registration number of the registrant.
(10) The
signature of the person or persons responsible for taking the inventory.
[16.19.20.20 NMAC - Rp 16.19.20.20 NMAC,
6/26/2018; A, 12/17/2019]
16.19.20.21 INVENTORY RECORDS OF MANUFACTURERS
AND REPACKAGERS: Manufacturers and repackagers inventory records shall contain the following
information:
A. Finished form:
(1) name
of substance;
(2) each
finished form of the substance (10 milligram tablet, etc.)
(3) the
number of units or volume of each finished form in each commercial container
(100 tablet bottle, etc.)
(4) the
number of commercial containers of each such finished form.
B. Controlled substances not included above such as damaged,
defective impure substances awaiting a disposal giving total quantity and the
name of the substance. A statement of
reason for the substance being included in this category.
[16.19.20.21
NMAC - Rp 16.19.20.21 NMAC, 6/26/2018]
16.19.20.22 DISTRIBUTION INVENTORY RECORDS: Distributor inventory records shall contain the same
information required of manufacturers.
[16.19.20.22
NMAC - Rp 16.19.20.22 NMAC, 6/26/2018]
16.19.20.23 INVENTORY REQUIREMENTS - RESEARCH:
A. Research registrant shall include in his inventory the name
of the substance, each finished form of the substance, the number of units or
volume of each finished form in each commercial container (100 tablet bottle,
etc.) and the number of commercial containers of each such finished form.
B. A commercial container which has been opened shall be the
exact count or measure of substances listed in schedule I or schedule II. If the substance is listed in schedule III,
IV or V, he shall make an estimated count or measure of the contents, unless
the container holds more than 1,000 tablets or capsules in which case the count
must be exact.
[16.19.20.23
NMAC - Rp 16.19.20.23 NMAC, 6/26/2018]
16.19.20.24 ANALYTICAL LABORATORIES: Analytical laboratories shall include in the inventory
record the same information required of manufacturer’s.
[16.19.20.24
NMAC - Rp 16.19.20.24 NMAC, 6/26/2018]
16.19.20.25 CONTROLLED SUBSTANCES INVENTORIES
AND RECORDS:
A. Pharmacies, hospitals, clinics and
practitioners who dispense controlled substances shall maintain inventories and
records of controlled substances listed in schedules II and II-N separately
from all of the other prescription records.
B. “Readily retrievable” means records kept in such a manner as
to be easily separated out from all other records in a reasonable time or
records are kept on which certain items are redlined, starred or in some manner
are visually identifiable apart from other items appearing on the record.
[16.19.20.25
NMAC - Rp 16.19.20.25 NMAC, 6/26/2018]
16.19.20.26 PROCUREMENT RECORDS: “Order forms” refer to DEA form 222 or its electronic
equivalent required for distribution or procurement of a schedule I or II
controlled substance under the federal act.
[16.19.20.26
NMAC - Rp 16.19.20.26 NMAC, 6/26/2018; A, 12/17/2019]
16.19.20.27 ORDER FORMS AS RECORDS: Order forms for schedule I and II controlled substances
shall be deemed proper record of receipt, if the purchaser records on copy 3 of
the order form the number of commercial or bulk containers furnished of each
item and the date on which such containers are received by the purchaser.
[16.19.20.27
NMAC - Rp 16.19.20.27 NMAC, 6/26/2018]
16.19.20.28 INVENTORY RECORDS: All schedule I and II narcotic substance inventory records
and procurement records will be kept separate from other records of the
registrant.
[16.19.20.28
NMAC - Rp 16.19.20.28 NMAC, 6/26/2018]
16.19.20.29 PROCUREMENT RECORDS: Procurement records, other than the inventory, may be kept
at a central location, rather than at the registered location, if prior
approval has been obtained under the federal regulations; provided such records
are delivered, upon request of the board, to the registered location within 48
hours of such request.
[16.19.20.29
NMAC - Rp 16.19.20.29 NMAC, 6/26/2018]
16.19.20.30 DISPOSITION RECORDS: Practitioner’s disposition records shall include date of
dispensing, name of patient, name and strength of substance and amount
dispensed.
[16.19.20.30
NMAC - Rp 16.19.20.30 NMAC, 6/26/2018]
16.19.20.31 PHARMACY AND HOSPITAL PRESCRIPTION
AND DISPENSING RECORDS:
A. Prescriptions for schedule II shall be maintained in a
separate file.
B. In pharmacies without computerized prescription information,
prescriptions for schedules II, III, IV and V shall have the name of the
dispensing pharmacist and the date filled inscribed on the face of the
prescription. (Typewritten, printed or
rubber stamp are acceptable.)
C. Prescriptions for schedule III, IV and V shall be maintained
either in a separate file only, or in such form that they are readily
retrievable from other records of the pharmacy.
“Readily retrievable” means that at the time of filing, the face of the
prescription is stamped in red ink in the lower right hand corner with the
letter “C” no less than one inch high, or the records comply with 16.19.6.22
NMAC “Computerized Prescription Information”.
D. Prescriptions so marked may then be filed with prescriptions
for schedule II substances, or in the usual consecutively numbered prescription
file for non-controlled drugs.
E. Pharmacies
employing automatic data processing systems or other electronic record keeping
systems for prescriptions must comply with 16.19.6.22 NMAC “Computerized
Prescription Information”.
F. Hospital floor stock records. A record of controlled substances
administered from floor stock shall contain the following information:
(1) name
of patient;
(2) date
and time administered;
(3) name
of drug;
(4) strength
of drug;
(5) amount
administered;
(6) name
of prescribing physician;
(7) name
of person administering the controlled substance.
[16.19.20.31
NMAC - Rp 16.19.20.31 NMAC, 6/26/2018]
16.19.20.32 RESEARCH DISPOSITION RECORDS:
A. A registered person using any controlled substance under FDA
regulations in research at a registered establishment which maintains records
in accordance with FDA approved research requirements is not required to keep
records if he notifies the DEA and the board of pharmacy of the name, address
and all registration numbers of establishments maintaining such records.
B. A registered person using any controlled substance in
preclinical research or in teaching at a registered establishment which
maintains records of such substances is not required to keep records if he
notifies the DEA and the board of pharmacy of the name, address and all
registration numbers of the establishments maintaining the records.
[16.19.20.32
NMAC - Rp 16.19.20.32 NMAC, 6/26/2018]
16.19.20.33 MANUFACTURERS AND REPACKAGERS:
A. Disposition
records shall be maintained on all controlled substances. Schedule I and II records shall be maintained
separately from all other records.
B. Disposition
records for schedules III, IV and V shall be maintained either separately from
all other records or in such form that the information required is readily
retrievable from the ordinary business records of the registrant.
[16.19.20.33
NMAC - Rp 16.19.20.33 NMAC, 6/26/2018]
16.19.20.34 WHOLESALE DISTRIBUTORS: Wholesale distributors disposition records shall contain the
same information required of manufacturers.
[16.19.20.34
NMAC - Rp 16.19.20.34 NMAC, 6/26/2018]
16.19.20.35 ANALYTICAL LABORATORIES RECORDS: Analytical laboratories records shall include:
A. name of substance;
B. the
form or forms in which substance is received, imported or manufactured and the
concentration of the substance;
C. quantity
and strength received;
D. date
of receipt;
E. name and DEA registry number of supplier;
F. adequate record of distribution.
[16.19.20.35
NMAC - Rp 16.19.20.35 NMAC, 6/26/2018]
16.19.20.36 REPORT OF LOSS OR THEFT OF A
CONTROLLED SUBSTANCE:
A. The registered
supplier shall be responsible for reporting in-transit losses of controlled
substances by a common carrier or contract carrier selected by the supplier
upon discovery of such loss or theft.
Registrant shall complete DEA form 106 as required and furnish a copy to
the board of pharmacy.
B. A significant
loss or theft of a controlled substance shall be reported in writing to the
board of pharmacy and DEA on form 106 as required by federal regulations. “Significant loss” includes suspected
diversions, in-transit losses or any other unexplained loss and must be
reported to the board of pharmacy within five days of becoming aware of that
loss.
[16.19.20.36
NMAC - Rp 16.19.20.36 NMAC, 6/26/2018; A, 12/17/2019]
16.19.20.37 HOSPITALS, INSTITUTIONS AND
CLINICS: Disposal of excess or undesirable
controlled substances resulting from extemporaneous amounts of residue or
wasted controlled substances. A
registrant who needs to dispose of excess or undesirable controlled substances
resulting from injections from ampules or less than the full ampule or other
such circumstances shall record in accordance with DEA regulations [e.g. 21 CFR
1304.22(c) or successor regulation], and two persons (at least one who is a
licensed health care professional) shall witness and record disposal. The registrant will have implemented security
controls and procedures that ensure pharmaceutical wastage is not
diverted. The disposal method shall
render the substance irretrievable.
[16.19.20.37
NMAC - Rp 16.19.20.37 NMAC, 6/26/2018; A, 12/17/2019]
16.19.20.38 DISPOSITION OF UNUSABLE, OUTDATED
OR UNWANTED CONTROLLED SUBSTANCES:
A. Disposition shall be in accordance with DEA regulation 21
CFR Part 1317 (or successor regulation).
B. A registrant,
other than a manufacturer, distributor, reverse distributor, importer,
exporter, or narcotic treatment program, in possession of any controlled
substances and desiring or required to dispose of such substances(s) may
contact the Special Agent in Charge of the DEA in the area in which the
registrant is located by submitting one copy of the DEA form 41 listing the
controlled substance(s) which the registrant desires to dispose for authority
and instructions to dispose of such substance (21 CFR 1317.05). The registrant shall keep a written
memorandum report, and use DEA form 41 to record the destruction.
C. Any registrant
in possession of any controlled substances and desiring or required to dispose
of such substances(s) may:
(1) Promptly
deliver that controlled substance to a reverse distributor's registered
location by common or contract carrier pick-up or by reverse distributor
pick-up at the registrant's registered location;
(2) For
the purpose of return or recall, promptly deliver that controlled substance by
common or contract carrier pick-up or pick-up by other registrants at the
registrant's registered location to: the
registered person from whom it was obtained, the registered manufacturer of the
substance, or another registrant authorized by the manufacturer to accept
returns or recalls on the manufacturer's behalf.
D. Records of
disposition shall be maintained in proper form and available for inspection for
at least three years.
[16.19.20.38
NMAC -Rp 16.19.20.38 NMAC, 6/26/2018; A, 12/17/2019]
16.19.20.39 EXEMPTION FOR PHARMACY REGISTRATION
AS A DISTRIBUTOR, DISTRIBUTION BY A DISPENSER TO ANOTHER PRACTITIONER
REGISTERED TO DISPENSE CONTROLLED SUBSTANCES: A registrant who is registered to dispense controlled
substances may distribute a quantity of such substances to a registered
practitioner for general dispensing to his patients if:
A. the distribution is recorded by the pharmacist indicating
the number of units or volume of such finished forms and commercial containers
dispensed, the date and manner of disposition;
B. the same information is recorded as a procurement by the
registrant receiving the substance;
C. if the substance is listed in schedule I or II, an order
form is used as required by the federal regulations;
D. the total number of dosage units of all controlled
substances distributed by the pharmacy by this method during the 12 month
period in which the practitioner is registered to dispense does not exceed five
percent of the total number of dosage units of all controlled substances
distributed and dispensed by the pharmacy during the 12 month period.
[16.19.20.39
NMAC - Rp 16.19.20.39 NMAC, 6/26/2018]
16.19.20.40 DISTRIBUTION UPON TRANSFER OR
DISCONTINUANCE OF BUSINESS:
A. Upon transfer of a business from one owner to another, the
registrant may dispose of the controlled substances in his possession as
follows:
(1) On
the date of transfer of controlled substances, a complete inventory of all
controlled substances being transferred shall be taken in accordance with
16.19.20.20 NMAC, and Title 21, Section 1304.11 of the federal DEA regulations
(or successor regulation). This
inventory of the registrant-transferee and a copy of the inventory shall be
included in the records of each person.
It shall not be necessary to file a copy of the inventory with DEA or
the board of pharmacy unless requested by either agency. Transfer of schedule I or II substances
require the use of DEA Form 222, and transfer of Schedule III – V substances
require the use of invoice.
(2) All
records required to be kept by the registrant-transferor with reference to the
controlled substances being transferred, shall be transferred to the
registrant-transferee. Responsibility
for the accuracy of records prior to the date of transfer remains with the
transferor, but responsibility for custody and maintenance shall be upon the
transferee.
(3) All
schedule I or II substances must be transferred pursuant to order forms as
required by the federal regulations. A
copy of the inventory will constitute a record of receipt for the purchaser.
B. Upon discontinuance of business, if there are controlled
substances which are not transferred to another registrant, these substances
shall be handled as unwanted controlled substances under 16.19.20.38 NMAC.
[16.19.20.40
NMAC - Rp 16.19.20.40 NMAC, 6/26/2018; A, 12/17/2019]
16.19.20.41 PRESCRIPTIONS:
A. A prescription for a controlled substance may be issued for
a legitimate medical purpose by an individual practitioner acting in the usual course
of his professional practice, and who is registered under the Controlled
Substances Act. The responsibility for
the proper prescribing and dispensing of controlled substances is upon the
prescribing practitioner, but a corresponding responsibility rests with the
pharmacist who fills the prescription.
B. A prescription may not be issued in order
for a practitioner to obtain controlled substances for supplying the
practitioner for the purpose of general dispensing to patients.
C. A prescription may not be issued for the dispensing of
narcotic drugs listed in any schedule to a narcotic dependent person for the
sole purpose of continuing his dependence upon such drugs, unless all the
following conditions are met:
(1) the
narcotic controlled drug is in Schedule III, IV, or V and is approved by the
Food and Drug Administration specifically for use in maintenance or
detoxification treatment; and
(2) the
prescribing practitioner meets all state and federal requirements to prescribe
the narcotic for maintenance or detoxification treatment (e.g., 21 CFR 1301.28
or successor regulation).
[16.19.20.41
NMAC - Rp 16.19.20.41 NMAC, 6/26/2018; A, 12/17/2019;
A, 6/13/2023]
16.19.20.42 PRESCRIPTION REQUIREMENTS:
A. All prescriptions for controlled substances shall be dated
as of, and signed on, the day when issued and shall bear the full name and
address of the patient, the drug name, strength, dosage form, quantity
prescribed, directions for use, and the name, address and registration number
of the practitioner. Information on the
prescription may be added or clarified by the pharmacist after consultation
with the practitioner. A practitioner
may sign a paper prescription in the same manner as he would sign a check or
legal document (e.g., J.H. Smith or John H. Smith). Where an oral order is not permitted, paper
prescriptions must be written with ink or indelible pencil, typewriter, or
printed on a computer printer and shall be manually signed by the
practitioner. A computer-generated
prescription that is printed out or faxed by the practitioner must be manually
signed.
B. Electronic
prescriptions shall be created and signed using an application that meets the
requirements of Part 1311 of the Code of Federal Regulations. An individual practitioner will sign and
transmit electronic prescriptions for controlled substances in a manner that
meets all of the requirements of Part 1306.08 of the
Code of Federal Regulations.
(1) Effective
April 1, 2021 all controlled substance prescriptions
must be electronically
transmitted (“Electronic Prescriptions for Controlled
Substances,” EPCS) except:
(a) for
patients residing in an intermediate care, skilled nursing
or correctional facility;
(b) for
patients enrolled in hospice;
(c) for
an animal by a licensed veterinarian;
(d) a
prescription dispensed by a federal facility not subject to state regulation
(e.g. department of veteran affairs, indian health
services, military bases);
(e) a
prescription requiring information that makes electronic transmission
impractical, such as complicated or lengthy directions for use or attachments;
or new medications not yet in electronic system;
(f) for
compounded prescriptions;
(g) for
prescriptions issued during a temporary technical or electronic failure at the
practitioner’s or pharmacy’s location;
(h) for
prescriptions issued in an emergency pursuant to federal law and rules of the
board;
(i) for prescriptions issued in response
to a public health emergency where a non-patient specific prescription would be
permitted;
(j) under
extenuating circumstance, not inconsistent with federal law and where the
practitioner communicates directly with the pharmacist. The pharmacist, using professional judgment,
may accept the non-EPCS and is responsible for ensuring documentation of the
circumstance in the prescription record; and that the prescription is otherwise
in compliance with state and federal law and rules.
C. Unless otherwise specified, a pharmacist who receives a
written, oral, or facsimile prescription
shall not be required to verify that the prescription is
subject to an exemption and may dispense a prescription drug pursuant to an
otherwise valid written, oral, or facsimile prescription.
D. A prescription that falls under an
exception to the EPCS requirement may be transmitted to a
pharmacy in one of the
following ways:
(1) A prescription for a schedule II controlled substance may be
transmitted by the
practitioner or the practitioner’s agent to a pharmacy via
facsimile equipment, provided the original written, signed prescription is
presented to the pharmacist for review prior to the actual dispensing of the
controlled substance, except as noted in Paragraphs 2, 3 and 4 of this
Subsection. The original prescription
shall be maintained in accordance with 16.19.20.31 NMAC.
(2) A prescription prepared in accordance with Subsection A of
16.19.20.42 NMAC written for a schedule II narcotic substance to be compounded
for the direct administration to a patient by parenteral, intravenous,
intramuscular, or subcutaneous infusion may be transmitted by the practitioner
or the practitioner’s agent to the parenteral products pharmacy by
facsimile. The facsimile serves as the
original written prescription for purposes of this paragraph and it shall be maintained in accordance with
16.19.20.31 NMAC.
(3) A prescription prepared in accordance with Subsection A of
16.19.20.42 NMAC written for a schedule II substance for a resident of a long
term care facility may be transmitted by the practitioner or the practitioner’s
agent to the dispensing pharmacy by facsimile.
The facsimile serves as the original written prescription for purposes of this sub-section and it
shall be maintained in accordance with 16.19.20.31 NMAC.
(4) A prescription prepared in accordance with Subsection A of
16.19.20.41 NMAC written for a schedule II narcotic substance for a patient
enrolled in a hospice program certified by Medicare under title XVIII or
licensed by the state may be transmitted by the practitioner or the
practitioner’s agent to the dispensing pharmacy by facsimile. The practitioner or the practitioner’s agent
will note on the prescription that the patient is a hospice patient. The facsimile serves as the original written
prescription for purposes of this sub-section and it shall be maintained in accordance with
16.19.20.31 NMAC.
(5) A pharmacist may dispense directly a controlled substance
listed in schedule III, IV, or V which is a prescription drug as determined
under the New Mexico Drug Device and Cosmetic Act, only pursuant to either a
written prescription signed by a practitioner or a facsimile of a written,
signed prescription transmitted by the practitioner or the practitioner’s agent
to the pharmacy or pursuant to an oral prescription made by an individual
practitioner and promptly reduced to written form by the pharmacist containing
all information required for a prescription except the signature of the
practitioner. A telephone order for a
new therapy for an opiate listed in schedule III, IV, or V shall not exceed a
10 day supply, based on the directions for use, unless a written prescription
is on file at this pharmacy from any practitioner for the same opiate within
the past six months. A telephone order
for this new opiate therapy may not be refilled.
E. A pharmacy
employee shall verify the identity of the patient or the patient’s
representative who is receiving any prescription for a controlled substance
listed in schedule II, III, IV, or V before it is released. Acceptable identification means a current
state issued driver’s license, including photo, or other current government
issued photo identification of the person presenting said identification. The identification type (e.g. driver’s license, identification card, passport, etc.),
number, name imprinted on that identification, and state must be recorded. Exceptions are, a new controlled substance
prescription filled for a patient known to the pharmacist or pharmacist intern,
whose identification has already been documented in a manner determined by a
written policy developed by the pharmacist-in-charge; a controlled substance
prescription filled for home delivery; or a controlled substance prescription
filled for and delivered to a licensed facility.
[16.19.20.42
NMAC - Rp 16.19.20.42 NMAC, 6/26/2018, A, 12/15/2020]
16.19.20.43 PRESCRIPTIONS NOT TO BE REFILLED: Prescriptions for schedule II drugs may not be refilled.
[16.19.20.43
NMAC - Rp 16.19.20.43 NMAC, 6/26/2018]
16.19.20.44 REFILL PROCEDURE: Each refilling of a schedule III, IV or V controlled
substance prescription shall be entered in prescription record, indicating the
amount dispensed, if less than the amount called for on the prescription, the
date of refill and the initials of the pharmacist dispensing the substance.
[16.19.20.44
NMAC - Rp 16.19.20.44 NMAC, 6/26/2018, A, 12/15/2020]
16.19.20.45 PRESCRIPTION FILL AND REFILL
REQUIREMENTS:
A. Prescriptions for any controlled substance shall not be
filled more than six months after the date of issue.
(1) Controlled
substance prescriptions dispensed directly to a patient shall not be refilled
before seventy-five percent of the prescription days’ supply has passed, unless
the practitioner authorizes the early refill, which must be documented by the
pharmacist.
(2) Controlled
substance prescriptions delivered to a patient indirectly (as mail order) to a
patient shall not be refilled before sixty-six percent of a 90 day supply has
passed or fifty percent of a 30 day supply has passed, unless the practitioner
authorizes the early refill, which must be documented by the pharmacist.
B. Prescriptions for schedule III, IV, or V controlled
substances shall not be filled or refilled more than six months after the date
of issue or be refilled more than five times unless renewed by the practitioner
and a new prescription is placed in the pharmacy files.
[16.19.20.45
NMAC - Rp 16.19.20.45 NMAC, 6/26/2018]
16.19.20.46 PRESCRIPTION - PARTIALLY FILLED:
A. A prescription for a controlled substance in schedule II may
be partially filled if:
(1) the
total quantity dispensed in all partial fillings does not exceed the total
quantity prescribed;
(2) the
partial fill amount is recorded on the written prescription or in the
electronic prescription record; and
(3) the
remaining portions shall be filled not later than 30 days after the date on
which the prescription is issued.
B. A prescription
for a controlled substance in schedule II initially filled later than 30 days
after the date issued may be partially filled if;
(1) the
pharmacist is unable to dispense the total quantity prescribed;
(2) the
partial fill amount is recorded on the written prescription or in the
electronic prescription record;
(3) the
remaining portion is filled within 72 hours of the partial filling; and
(4) the
pharmacist notifies the prescribing physician if the remaining portion cannot
be filled within the 72 hour period. No
further quantity may be supplied beyond 72 hours without a new prescription.
C. Partial filling of a prescription for schedule III, IV or V
shall be recorded in the same manner as a refill, providing the total quantity
of partial filling does not exceed the total quantity prescribed and no
dispensing occurs after six months from date of prescription.
D. A prescription for a schedule II controlled substance
written for a patient in a long term care facility (LTCF) or for a patient with
a medical diagnosis documenting a terminal illness may be filled in partial
quantities, to include individual dosage units.
(1) If there is any question whether a patient may be classified
as having a terminal illness, the pharmacist shall contact the practitioner
prior to partially filling the prescription.
Both the pharmacist and the prescribing practitioner have a
corresponding responsibility to assure that the controlled substance is for a
terminally ill patient. The pharmacist
shall record on the prescription whether the patient is “terminally ill” or an
“LTCF patient”.
(2) A prescription that is partially filled and does not contain
the notation “terminally ill” or LTCF patient” shall be deemed to have been
filled in violation of this regulation.
For each partial filling, the dispensing pharmacist shall record on the
back of the prescription (or on appropriate record, uniformly maintained, and
readily retrievable) the date of the partial filling, quantity dispensed,
remaining quantity authorized to be dispensed and the identification of the
dispensing pharmacist.
(3) The total quantity of schedule II controlled substances
dispensed in all partial fillings shall not exceed the total quantity
prescribed. Schedule II prescriptions,
for patients in a LTCF or patients with a medical diagnosis documenting a
terminal illness, shall be valid for a period not to exceed 60 days from the
issue date unless sooner terminated by the discontinuance of medication.
[16.19.20.46
NMAC - Rp 16.19.20.46 NMAC, 6/26/2018, A 12/15/2020]
16.19.20.47 EMERGENCY DISPENSING:
A. Emergency dispensing of schedule II controlled
substances. “Emergency situation”
means the prescribing physician determines:
(1) that
immediate administration of a controlled substance is necessary for proper
treatment of the intended patient;
(2) that
no appropriate alternative treatment is available, including administration of
a drug which is not a controlled substance under schedule II; and
(3) that
it is not reasonably possible for the prescribing practitioner to provide an
electronically prescribed or written prescription to be presented to the person
dispensing the substance prior to the dispensing.
B. A pharmacy may dispense a schedule II controlled substance
in the above instance only if he receives oral authorization of a practitioner
or authorization via facsimile machine and provided:
(1) the
quantity prescribed is limited to the amount needed to treat the patient during
the emergency period;
(2) the
pharmacist shall reduce the prescription to a written form
and it contains all information required of a schedule II controlled substance
prescription except the signature of the prescribing practitioner;
(3) the
prescribing physician, within seven days after authorization of the emergency
dispensing, shall furnish a written, signed prescription to the
pharmacist. The signed prescription
shall have written on the face “AUTHORIZATION FOR EMERGENCY DISPENSING” and the
date of the oral order or facsimile order;
(4) the
signed prescription shall be attached to the oral emergency prescription order
or the facsimile emergency prescription order and be filed as other schedule II
prescriptions.
C. In the event the prescribing physician fails to deliver a
signed written prescription to the pharmacist, within the seven days period,
the pharmacist shall notify the nearest DEA office, and the board of pharmacy.
[16.19.20.47
NMAC - Rp 16.19.20.47 NMAC, 6/26/2018, A 12/15/2020]
16.19.20.48 SECURITY REQUIREMENTS:
A. All applicants and registrants shall provide effective
controls and procedures to guard against theft and diversion of controlled
substances.
B. In evaluating the overall security system of a registrant or
applicant, the following factors may be considered, where applicable to the
need for strict compliance with security requirements:
(1) the
type of activity;
(2) the
type and form of controlled substances handled;
(3) the
quantity of controlled substances handled;
(4) the
location of the premises and relationship such location bears on security
needs;
(5) the
type of building construction of the facility and the general characteristics
of the building;
(6) the
type of vault, safe, and secure enclosures or other storage system used;
(7) the
type of closures on vaults, safes, and secure enclosures;
(8) the
adequacy of key control systems and lock control system;
(9) the
extent of unsupervised public access to the facility;
(10) the
adequacy of supervision over employees having access to storage or distribution
areas;
(11) the
procedures for handling business guests, visitors, maintenance personnel and
non-employee service personnel;
(12) the
adequacy of the registrant’s or applicant’s system for monitoring the receipt,
manufacture, distribution and disposition of controlled substances in its
operation.
[16.19.20.48
NMAC - Rp 16.19.20.48 NMAC, 6/26/2018]
16.19.20.49 MANUFACTURERS, REPACKAGERS AND
WHOLESALE DISTRIBUTORS: Security requirements which meet
the federal DEA provision shall be deemed adequate under New Mexico Controlled
Substances Act.
[16.19.20.49
NMAC - Rp 16.19.20.49 NMAC, 6/26/2018]
16.19.20.50 PHARMACIES AND HOSPITALS, EMPLOYING
STAFF PHARMACISTS: Controlled substances listed in
schedule I shall be stored in a securely locked, substantially constructed
cabinet. Controlled substances listed in
schedule II, III, IV and V shall be stored either in securely locked,
substantially constructed cabinets or dispersed throughout the stock of
non-controlled substances in such a manner as to obstruct the theft or
diversion of the substances.
[16.19.20.50
NMAC - Rp 16.19.20.50 NMAC, 6/26/2018]
16.19.20.51 HOSPITALS SERVED BY CONSULTANT OR
PART-TIME PHARMACISTS, CLINICS AND PHYSICIANS: Controlled substances listed in schedule I through V shall
be stored in a securely locked, substantially constructed cabinet.
[16.19.20.51
NMAC - Rp 16.19.20.51 NMAC, 6/26/2018]
16.19.20.52 RESEARCH REGISTRANTS AND CHEMICAL
ANALYSIS LABORATORIES: Controlled substances listed in
schedules I and II shall be stored in a securely locked, substantially
constructed cabinet. Schedules III, IV
and V substances shall be stored either in a securely locked, substantially
constructed cabinet or dispersed in with the stock of non-controlled substances
in such a manner as to obstruct the theft or diversion of the substances.
[16.19.20.52
NMAC - Rp 16.19.20.52 NMAC, 6/26/2018]
16.19.20.53 DISPENSING
WITHOUT PRESCRIPTION:
A. A controlled substance listed
in schedule V and a substance listed in schedules II, III, or IV which
is not a prescription drug as determined by FDA and the Drug and
Cosmetic Act, may be dispensed by a pharmacist without a prescription provided:
(1) such dispensing is made by a
pharmacist or registered pharmacist intern and not by a non-pharmacist
employee;
(2) not more than eight ounces of any
controlled substance containing opium, nor more than 48-dosage units is
dispensed at retail to the same person in any given 48-hour period;
(3) not more than four ounces of any
other controlled substance or more than 24-dosage units may be dispensed at
retail to the same person in any given 48-hour period;
(4) the purchaser is at least 18 years of
age;
(5) the pharmacist requires every
purchaser of such substance, not known to him to furnish suitable
identification (including proof of age where appropriate);
(6) a bound record book for dispensing
such substances is maintained requiring the signature and address of the purchaser,
the name and quantity of the controlled substance purchased, the date of each
purchase and the name or initials of the pharmacist who dispensed the
substance; the book shall contain a statement on each page where purchaser is
required to sign, stating no purpose of such substance has been made within the
given 48-hour period at another pharmacy and the purchaser shall be made aware
of such statement before signing the record.
B. Exempt
pseudoephedrine product.
(1) Any
pseudoephedrine containing product listed as a schedule V controlled substance
in Paragraph (2) of Subsection B of 16.19.20.69 NMAC shall be dispensed, sold
or distributed only by a licensed pharmacist, pharmacist intern, or a
registered pharmacy technician.
(2) Unless
pursuant to a valid prescription, a person purchasing, receiving or otherwise
acquiring the compound, mixture or preparation shall:
(a) produce
a driver’s license or other government-issued photo identification showing the
date of birth of the persons;
(b) sign
a log after reading the purchaser statement for pseudoephedrine receipt or
other program or mechanism indicating the date and time of the transaction,
name of the person, address, driver’s license number or government issued
identification number, name of the pharmacist, pharmacist intern or pharmacy
technician conducting the transaction, the product sold and the total quantity,
in grams or milligrams, of pseudoephedrine purchased; this log will be only for
exempt pseudoephedrine products and shall be kept separate from all other
records; the log is to be produced in a way that a customer’s personal
information is not available to other purchasers;
(c) be
limited to no more than three and six-tenths grams per day or more than a total
of nine grams of a product, mixture or preparation containing pseudoephedrine
within a 30-day period.
(3) Pseudoephedrine
purchaser statement must state in addition to any federal requirements: “I have not purchased more than three and
six-tenths grams today or more than a total of nine grams of pseudoephedrine as
a single entity or in a combination with other medications in the last 30
days. Entering false statements or
misrepresentations in this logbook may subject me to criminal penalties”.
(4) Prices
charged for compounds, mixtures, and preparations that contain pseudoephedrine
shall be monitored. The board may adopt
rules to prevent unwarranted price increases as a result of compliance with
this section.
(5) Pharmacies
shall submit the information collected pursuant to Paragraph (2) of Subsection
B of 16.19.20.53 NMAC electronically, in a board defined format, to the board
or its agents. Pharmacies will submit
data every seven days beginning September 15, 2013. Pharmacies may petition the executive
director of the board for an alternative method for the submission of the
information collected pursuant to this section.
(6) Authority
to contract: The board is authorized to
contract with another agency of this state or with a private vendor, as
necessary, for the collection of the information collected pursuant to
Paragraph (2) of Subsection B of 16.19.20.53 NMAC. Any contract shall be bound to comply with
the provisions regarding confidentiality of prescription or personal
information in 16.19.20.53 NMAC of this regulation and shall be subject to the
penalties specified in 16.19.20 NMAC and 16.19.27 NMAC.
[16.19.20.53 NMAC - Rp 16.19.20.53 NMAC, 6/26/2018; A, 12/17/2019]
16.19.20.54 EXEMPTED OVER-THE-COUNTER DRUGS: (Information published by DEA.)
[16.19.20.54
NMAC - Rp 16.19.20.54 NMAC, 6/26/2018]
16.19.20.55 EXEMPT CHEMICAL PREPARATIONS: The board hereby exempts such chemical preparations and
mixtures which are intended for laboratory, industrial, educational, or special
research purposes, which are not intended for general administration to a human
being or other animal and which:
A. contains
no narcotic controlled substances and is packaged in such a form or
concentration that the package quantity does not present any significant
potential for abuse, or;
B. contains
either a narcotic or nonnarcotic controlled substance and one or more
adulterating or denaturing agent in such a manner, combination, quantity,
proportion or concentration, that the preparation or mixture does not present
any potential for abuse, and the narcotic substance cannot in practice be
removed, and;
C. are
exempt from federal regulations (CFR 21 Part 1308.24).
[16.19.20.55
NMAC - Rp 16.19.20.55 NMAC, 6/26/2018]
16.19.20.56 HEARINGS, DENIAL OF REGISTRATION,
REVOCATION OR SUSPENSION OF REGISTRATION: Proceedings to
suspend or revoke a registration or to refuse renewal of a registration shall
be held pursuant to the Uniform Licensing Act.
[16.19.20.56
NMAC - Rp 16.19.20.56 NMAC, 6/26/2018]
16.19.20.57 ADMINISTRATIVE INSPECTION -
DEFINED: Administrative inspection means - the
inspection of any place where registrants are permitted to hold, manufacture,
compound, process, sell, deliver, or otherwise dispose of any controlled
substances. When authorized by an
administrative inspection warrant, the inspector may:
A. inspect and copy records required by the Controlled
Substances Act;
B. inspect the restricted area and all pertinent equipment, all
container substances, containers and labeling found at the controlled area;
C. make a physical inventory of specific items or all
controlled substances on-hand at the premises;
D. collect samples, if applicable;
E. check records and information of distribution of controlled substances
by the registrant as they relate to total distribution;
F. examination of records, invoices, appropriate for
verification of the records or otherwise bearing on the provisions of the
Controlled Substances Act.
[16.20.20.57
NMAC - Rp 16.19.20.57 NMAC, 6/26/2018]
16.19.20.58 VOLUNTARY CONSENT TO INSPECTION: The board inspector will ask the registrant to voluntarily
consent to the inspection. He will
inform the registrant of his constitutional rights to an inspection warrant,
however, if the registrant consents to inspection without warrant, the
inspector will obtain a signed consent waiver statement from the registrant
before proceeding with an accountability audit or inspection.
[16.19.20.58
NMAC - Rp 16.19.20.58 NMAC, 6/26/2018]
16.19.20.59 WRITTEN CONSENT:
A. The written consent shall contain the following information:
(1) that
the owner, or agent in charge of the premises has been informed of his
constitutional right not to have an administrative inspection made without an
administrative inspection warrant;
(2) of
his right to refuse to consent to such an inspection;
(3) of
the possibility that anything of an incriminating nature which may be found may
be seized and used against him in a board hearing or a criminal prosecution;
(4) that
he had been presented with a notice of inspection;
(5) that
the consent given by him is voluntary and without threats of any kind; and
(6) that
he may withdraw his consent at any time during the course of
inspection.
B. Written consent shall be produced in duplicate and one copy
shall be retained by the person being inspected and one copy shall be retained
by the inspector for filing in the board office.
[16.19.20.59
NMAC - Rp 16.19.20.59 NMAC, 6/26/2018]
16.19.20.60 ADMINISTRATIVE WARRANT:
A. A copy of the
administrative warrant need not be given to the registrant unless items are
seized or confiscated.
B. To serve the warrant, all that is required is to announce
possession of it, the contents of the warrant need not be stated to the person
upon whom the warrant is served.
[16.19.20.60
NMAC - Rp 16.19.20.60 NMAC, 6/26/2018]
16.19.20.61 CONSENT TO CHARGES:
Unless the person in charge of the premises so consents in writing,
these regulations shall not extend to financial data, sales data other than
shipping date, or pricing data.
[16.19.20.61
NMAC - Rp 16.19.20.61 NMAC, 6/26/2018]
16.19.20.62 ADMINISTRATIVE WARRANT - NOT
REQUIRED: An administrative warrant shall
not be required for a new pharmacy or drug distribution facility applying for
initial registration under the Controlled Substances Act or the Pharmacy Act,
or in any other situation where a warrant is not constitutionally required.
[16.19.20.62
NMAC - Rp 16.19.20.62 NMAC, 6/26/2018]
16.19.20.63 ADMINISTRATIVE WARRANT - REFUSAL: If a registrant or any person subject to the Controlled
Substances Act refuses to permit execution of an administrative warrant or
impedes the inspection in the execution of that warrant, he shall be advised
that such refusal or action constitutes a violation of Section 30-31-32 NMSA
1978, Controlled Substances Act.
[16.19.20.63
NMAC - Rp 16.19.20.63 NMAC, 6/26/2018]
16.19.20.64 CONTROLLED SUBSTANCE PRECURSORS: See 16.19.21 NMAC - Drug Precursors
[16.19.20.64
NMAC - Rp 16.19.20.64 NMAC, 6/6/2018]
16.19.20.65 SCHEDULE I:
A. Section 30-31-6 NMSA 1978, schedule I shall consist of the
following drugs and other substances, by whatever name, common or usual name,
chemical name or brand name designated, listed in this section; OPIOIDS,
unless specifically exempt or unless listed in another schedule, any of the
following opioids, including its isomers, esters, ethers, salts and salts of
isomers, esters, and ethers, whenever the existence of such isomers, esters,
ethers, and salts is possible within the specific chemical designation.
(1) Acetylmethadol;
(2) Allylprodine;
(3) Alphacetylmethadol;
(4) Alphameprodine;
(5) Alphamethadol;
(6) Alpha-methyl fentanyl;
(7) Benzethidine;
(8) Betacetylmethadol;
(9) Betameprodine;
(10) Betamethadol;
(11) Betaprodine;
(12) Clonitazene;
(13) Desmethyltramadol;
(14) Dextromoramide;
(15) Diampromide;
(16) Diethylthiambutene;
(17) Dimethylthiambutene;
(18) Difenoxin;
(19) Dimenoxadol;
(20) Dimepheptanol;
(21) Dimethylthiambutene;
(22) Dioxaphetyl Butyrate;
(23) Dipipanone;
(24) Ethylmethylthiambutene;
(25) Etonitazene;
(26) Etoxeridine;
(27) Furethidine;
(28) Hydroxypethidine;
(29) Isotonitazene;
(30) Ketobemidone;
(31) Levomoramide;
(32) Levophenacylmorphan;
(33) Morpheridine;
(34) Noracymethadol;
(35) Norlevorphanol;
(36) Normethadone;
(37) Norpipanone;
(38) Phenadoxone;
(39) Phenampromide;
(40) Phenomorphan;
(41) Phenoperidine;
(42) Piritramide;
(43) Proheptazine;
(44) Properidine;
(45) Propiram;
(46) Racemoramide;
(47) Tilidine;
(48) Trimeperidine
(49) U-48800; (2-(2,4-dichlorophenyl)-N-((1S,2S)-2-(dimethylamino)cyclohexyl)-N-methylacetamide,
monohydrochloride;
(50) U-49900;
(trans-3,4-dichloro-N-[2-(diethylamino)cyclohexyl]-N-methyl-benzamide;
(51) Beta-Hydroxy-3-Methylfentanyl;
(52) 3-Methylthiofentanyl;
(53) Acetyl-Alpha-Methyl fentanyl ;
(54) Alpha-Methylthiofentanyl ;
(55) Beta-hydroxfentanyl ;
(56) Para-Fluoro fentanyl;
(57) Thiofentanyl;
(58) Acetyl fentanyl;
(59) Butyryl fentanyl;
(60) Betahydroxythiofentanyl;
(61) Furanyl fentanyl;
(62) AH-7921; (3,4-dichloro-N-[(1-dimethylamino)cyclohexylmethyl]benzamide);
(63) U47700;
(trans-3,4-dichloro-N-(2-(dimethylamino)cyclohexyl)-N-methylbenzamide);
(64) MT-45; (1-(4-Nitrophenylethyl)piperidylidene-2-(4-chlorophenyl)sulfonamide);
(65) W-15;
(4-chloro-N-[1-(2-phenylethyl)-2-piperidinylidene]-benzenesulfonamide);
(66) W-18; (1-(4-Nitrophenylethyl)piperidylidene-2-(4-chlorophenyl)sulfonamide);
(67) U-50488; (2-(3,4-dichlorophenyl)-N-methyl-N-[(1R,2R)-2-pyrrolidin-1-
ylcyclohexyl]acetamide);
(68) U50488H; ((-)(trans)-3,4-dichloro-N-methyl-N-[2-(1-pyrrolidiny)cyclo-
hexyl]benzeneacetamide).
(69) Fentanyl-related substances, their
isomers, esters, ethers, salts, and salts of isomers, esters and ethers. Fentanyl-related substance means any
substance, unless specifically exempted or unless listed in another schedule,
that is structurally related to fentanyl by one or more of the following
modifications:
(a) replacement
of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
(b) substitution
in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo,
haloalkyl, amino or nitro groups;
(c) substitution
in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl,
halo, haloalkyl, amino or nitro groups;
(d) replacement
of the aniline ring with any aromatic monocycle whether or
not further substituted in or on the aromatic monocycle; or
(e) replacement
of the N-propionyl group by another acyl group; or
(f) any
combination of the above substances include, but are not limited to, the
following substances: (reserved)
(70) Acryl Fentanyl;
(71) 4F-butyrfentanyl;
(72) 4-methoxybutyrfentanyl;
(73) Fluorobutyrfentanyl;
(74) Fluorofentanyl;
(75) FIBF;
(Para Fluoro Isobutyryl
Fentanyl);
(76) Cyclopropyl
fentanyl;
(77) Thiofuranyl fentanyl (Thiophene fentanyl);
(78) 3-methylfentanyl
(N-3-methyl-1-(2-phenyl-ethyl)-4-Piperidyl)-N-phenylpropanamide,
its optical and geometric isomers, salts and salts of isomers;
(79) crotonyl
fentanyl ((E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2- enamide);
(80) valeryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide);
(81) N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl)propionamide
(2′-fluoro ortho-fluorofentanyl; 2′-fluoro
2-fluorofentanyl);
(82) N-(1-(4-methylphenethyl)piperidin-4-yl)-N-phenylacetamide (4′-methyl
acetyl fentanyl);
(83) beta-phenyl fentanyl or
N-(1-phenethylpiperidin-4-yl)-N,3-diphenylpropanamide (β′-phenyl
fentanyl; beta′-Phenyl fentanyl; 3-phenylpropanoyl fentanyl);
(84) beta-methyl fentanyl or
N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)propionamide (β-methyl
fentanyl);
(85) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
(ortho-fluorobutyryl fentanyl; 2-fluorobutyryl
fentanyl);
(86) (N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide
(ortho-methyl acetylfentanyl; 2-methyl acetylfentanyl);
(87) 2-methoxy-N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide
(ortho-methyl methoxyacetylfentanyl; 2-methyl methoxyacetyl fentanyl);
(88) N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
(para-methylfentanyl; 4-methylfentanyl);
(89) N-(1-phenethylpiperidin-4-yl)-N-phenylbenzamide (phenyl fentanyl; benzoyl fentanyl);
(90) N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide
(thiofuranyl fentanyl; 2-thiofuranyl fentanyl;
thiophene fentanyl);
(91) Ethyl (1-phenethylpiperidin-4- yl)(phenyl)carbamate
(fentanyl carbamate);
(92) N-(2-fluorophenyl)-N-(1- phenethylpiperidin-4-yl)acrylamide
(ortho-fluoroacryl fentanyl);
(93) N-(2-fluorophenyl)-N-(1- phenethylpiperidin-4-yl)isobutyramide (ortho-fluoroisobutyryl
fentanyl);
(94) N-(4-fluorophenyl)-N-(1-
phenethylpiperidin-4-yl)furan-2- carboxamide (para-fluoro furanyl fentanyl);
(95) Cyclopentyl
fentanyl;
(96) Isobutyryl
fentanyl;
(97) Para-chloroisobutyryl
fentanyl;
(98) Para-methoxybutyryl fentanyl;
(99) Para-fluorobutyryl fentanyl;
(100) Ocfentanil;
(101) Ortho-Fluorofentanyl;
(102) Tetrahydrofuranyl Fentanyl;
(103) Methoxyacetyl Fentanyl;
(104) 4-Fluoroisobutyryl
Fentanyl;
(105) Para-Fluorofentany;l
(106) Butonitazene
(2-(2-(4-butoxybenzyl)-5-nitro-1Hbenzimidazol-1-yl)-N,N-diethylethan-1-
amine);
(107) Etodesnitazene; etazene (2-(2-(4-ethoxybenzyl)-1Hbenzimidazol-1-yl)-N,N-diethylethan-1- amine);
(108) Metonitazene
(N, N -diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1 H -benzimidazol-1-yl)ethan-1-amine);
(109) Flunitazene
(N, N -diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1 H -benzimidazol-1-yl)ethan-1-amine);
(110) Metodesnitazene (N,6 N
-diethyl-2-(2-(4-methoxybenzyl)-1 H -benzimidazol-1-yl)ethan-1-amine);
(111) Protonitazene
(N, N -diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1 H -benzimidazol-1-yl)ethan-1-amine);
(112) Brorphine
(1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2
H-benzo[d]imidazol-2-one);
(113) Zipeprol
(1-methoxy-3-[4-(2-methoxy-2- phenylethyl)piperazin-1-yl]-1-
phenylpropan-2-ol).
B. OPIUM DERIVATIVES: Unless specifically exempt or unless listed in another
schedule, any of the following opium derivatives, its salts, isomers, and salts
of isomers whenever the existence of such salts, isomers and salts of isomers
is possible within the specific chemical designation.
(1) Acetorphine;
(2) Acetyl dihydrocodeine;
(3) Benzyl morphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dehydro morphine;
(9) Etorphine;
(10) Heroin;
(11) Hydromorphinol;
(12) Methyldesorphine;
(13) Methyldihydromorphine;
(14) Morphine methylbromide;
(15) Morphine methylsulfonate;
(16) Morphine-N-Oxide;
(17) Myrophine;
(18) Nicocodeine;
(19) Nicomorphine;
(20) Normorphine;
(21) Pholcodine;
(22) Thebacon;
(23) Drotebanol;
(24) 6AM; (6-acetylmorphine).
C. STIMULANTS: Unless specifically exempted or unless listed
in another schedule, any material, compound, mixture or preparation which
contains any quantity of the following substances having a stimulant effect on
the central nervous system, including its salts, isomers, and salts of isomers.
(1) Fenethylline;
(2) N-ethylamphetamine;
(3) cis-4-methylaminorex;
(4) N, N-dimethylamphetamine;
(5) (BZP), 1-benzylpiperazine; N-benzylpiperazine;
(6) (DCPP); 2,3-dichlorophenylpiperazine;
(7) (DBZP); dibenzylpiperazine;
(8) (MBZP); methylbenzylpiperazine;
(9) (mCPP);
meta-chlorophenylpiperazine;
(10) (MDBZP); methylenedioxybenzylpiperazine;
(11) (meOPP);
para-methoxyphenylpiperazine;
(12) (pCPP); para-chlorophenylpiperazine;
(13) (pFPP); para-fluorophenylpiperazine;
(14) (2-DPMP), desoxypipradrol;
2-diphenylmethylpiperidine;
(15) D2PM, diphenylprolinol;
diphenyl-2-pyrrolidinemethanol;
(16) HDMP-28; methylnaphthidate;
(17) Nocaine,
(+)-CPCA; 3α-carbomethoxy-4β-(4-chlorophenyl)-N-methylpiperidine;
(18) BTQ or butyltolylquinuclidine;
(2-Butyl-3-(p-tolyl)quinuclidine;
(19) Methiopropamine; (N-methyl-1- (thiophen-2-yl)propan-2-amine);
(20) Mesocarb; (N-phenyl-N′ -(3-(1-phenylpropan-2-yl)-1,2,3- oxadiazol-3-ium-5-yl)carbamimidate);
(21) Amineptine (7- [(10,11-dihydro-5H-dibenzo[a,d]cyclohepten-5- yl)amino]heptanoic acid);
(22) 4,4′-Dimethylaminorex
(4,4′-DMAR; 4,5-dihydro-4- methyl-5-(4-methylphenyl)-2-oxazolamine;
4-methyl-5- (4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine).
D. DEPRESSANTS:
Unless specifically exempt or unless listed in another schedule, any
material, compound, mixture or preparation which contains any quantity of the
following substances having a depressant effect on the central nervous system,
including its salts, isomers and salts of isomers whenever the existence of
such salts, isomers and salts of isomers is possible within the specific
chemical designation:
(1) Mecloqualone;
(2) Methaqualone;
(3) Benzodiazepines;
(a) Bromazepam;
(b) Camazepam;
(c) Cloxazolam;
(d) Delorazepam;
(e) Ethylloflazepate;
(f) Fudiazepam;
(g) Flunitrazepam;
(h) Haloxazolam;
(i) Ketazolam;
(j) Loprazolam;
(k) Lormetazepam;
(l) Medazepam;
(m) Nimetazepam;
(n) Nitrazepam;
(o) Nordiazepam;
(p) Oxazolam;
(q) Phenazepam
(r) Pinazepam;
(s) Tetrazepam;
(t) Flubromazepam;
(u) Diclazepam;
(v) Etizolam;
(w) Flualprazolam;
(x) Clonazolam;
(y) Flubromazolam;
(z) Bromazolam
(4) Gamma hydroxybutyric acid and
any chemical compound that is metabolically converted to GHB;
(5) Gamma butyrolactone and any chemical compound that is
metabolically converted to GHB;
(6) 1-4 butane diol and any chemical compound that is
metabolically converted to GHB
(7) GHV
or 4-methyl-GHB; γ-hydroxyvaleric acid;
(8) GVL; γ-valerolactone;
(9) MMQ; methylmethaqualone;
(10) MBQ; mebroqualone.
E. HALLUCINOGENIC SUBSTANCES:
Unless specifically exempt or unless listed in another schedule, any
material, compound, mixture or preparation, which contains any quantity of the
following hallucinogenic substances, or which contains any of its salts,
isomers, and salts of isomers whenever the existence of such salts, isomers and
salts of isomers is possible within the specific chemical designation (for
purpose of this sub-section only, the term “isomers” includes the optical,
positional, and geometric isomers).
(1) 3,4 -methylenedioxy amphetamine;
(2) 5 - methoxy - 3,4-methylenedioxy amphetamine;
(3) 3,4,5 -trimethoxy amphetamine;
(4) Bufotenine;
(5) DET; (Diethyltryptamine);
(6) DMT; (Dimethyltryptamine);
(7) DOM or STP; (4-methyl-2,5-dimethoxy amphetamine);
(8) Lysergic acid amide;
(9) Lysergic acid diethylamide;
(10) Mescaline;
(11) Peyote;
(12) N-ethyl-3-piperidyl benzilate;
(13) N-methyl-3-piperidyl benzilate;
(14) Psilocybin;
(15) Psilocyn;
(16) Parahexyl (synthetic analog of delta‑9‑tetrahydrocannabinol);
(17) 2, 5 -dimethoxyamphetamine; 2, 5-DMA;
(18) 4-bromo-2, 5-dimethoxy-amphetamine;
2, 5-DMA;
(19) PMA;
4-methoxyamphetamine;
(20) PCE;
(Ethylamine N-ethyl-1-phenylcyclohexylamine);
(21) Pyrrolidine
1-(1-phenylcyclohexyl)-pyrrolidine (PCPy), (PHP)
analog of the drug phencyclidine;
(22) Thiophene (analog of phencyclidine) TCP or TPCP;
(23) Alpha-ethyltryptamine;
(24) 2, 5-dimethoxy-4-ethylamphet-amine;
(25) Ibogaine;
(26) 2C-T-7; (2,5-dimethoxy-4-(n)-propylthiophenethylamine);
(27) AMT; (Alpha-methyltryptamine);
(28) 5-MeO-DIPT;
(5-methoxy-N,N-diisopropyltryptamine);
(29) 25B-NBOMe;
(2-(4-bromo-2.5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine);
(30) 25C-NBOMe;
(2-(4-chloro-2.5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine);
(31) 25I-NBOMe;
(2-(4-iodo-2.5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine).
(32) Synthetic cannabinoids: Unless specifically exempted or unless listed
in another schedule, any
material, compound, mixture or preparation which contains any quantity of the
following synthetic cannabinoids which demonstrates binding activity to the
cannabinoid receptor or analogs or homologs with binding activity. Substances include but are not limited to:
(a) CP 55,244
((hydroxymethyl)-4-[2-hydroxy-4-(2-methyloctan-2-yl)phenyl]
1,2,3,4,4a,5,6,7,8,8a-decahydronaphthalen-2-ol);
(b) CP
55,940 (5-hydroxy-2-(3-hydroxypropyl)
cyclohexyl]-5-(2-methyloctan-2-yl)phenol);
(c) JWH-081
(1-pentyl-3-[1-(4-methoxynaphthoy)]indole);
(d) JWH-122
(1-pentyl-3-(4-methyl-1-naphthoyl)indole);
(e) JWH-133
3-(1,1-dimethylbutyl)-6a,7,10,10a-tetrahydro -6,6,9-trimethyl-6H
dibenzo[b,d]pyran;
(f) JWH 203 1-pentyl-3-(2-chlorophenylacetyl)indole);
(g) JWH
210 4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone;
(h) AM-694
(1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole);
(i) AM-1221
(1-(N-methylpiperdin-2-yl)methyl-2-methyl-3-(1-naphthoyl)-6-nitroindole;
(j) AM-2201
(1-(5-fluoropentyl)-3-(1-naphthoyl)indole);
(k) RCS-4
or SR-19 (1-pentyl-3-[(4-methoxy)-benzoyl]indole);
(l) RCS-8
or SR-18 (1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole);
(m) JWH-210
(1-pentyl-3-(4-ethylnaphthoyl)indole);
(n) WIN-49,098
(Pravadoline)
(4-methoxyphenyl)-[2-methyl-1-(2-morpholin-4-ylethyl)indol-3-yl]methanone;
(o) WIN-55,212-2
(2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo-1,4-benzooxazin6- yl)-1-naphthalenylmethanone);
(p) any
of the following synthetic cannabinoids, their salts, isomers, and salts of
isomers, unless specifically excepted, whenever the existence of these salts,
isomers, and salts of isomers is possible within the specific chemical
designation;
(i) naphthoylindoles: any compound containing a 3-(1- naphthoyl) indole structure with substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl) methyl, or 2-(4-morpholinyl) ethyl group, whether or
not further substituted in the indole ring to any extent and whether or not
substituted in the naphthyl ring to any extent including, but not limited to,
JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-122, JWH-200, JWH-210, JWH-398
and AM-2201;
(ii) naphthylmethylindoles:
any compound containing a1Hindol- 3-yl-(1-naphthyl) methane structure
with substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl, or
2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole
ring to any extent and whether or not substituted in the naphthyl ring to any
extent including, but not limited to, JWH-175, JWH-184, and JWH-199;
(iii) naphthoylpyrroles:
any compound containing a 3-(1- naphthoyl)
pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by
an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl, or
2-(4-morpholinyl) ethyl group, whether or not further substituted in the
pyrrole ring to any extent and whether or not substituted in the naphthyl ring
to any extent including, but not limited to, JWH-307;
(iv) naphthylmethylindenes:
any compound containing a naphthylideneindene
structure with substitution at the 3-position of the indene ring by an alkyl,
haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl) methyl, or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indene ring to any
extent and whether or not substituted in the naphthyl ring to any extent
including, but not limited to, JWH-176;
(v) phenylacetylindoles:
any compound containing a 3- phenylacetylindole
structure with substitution at the nitrogen atom of the indole ring by an
alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl, or
2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole
ring to any extent and whether or not substituted in the phenyl ring to any
extent including, but not limited to, JWH-203, JWH-250, JWH-251, and RCS-8;
(vi) cyclohexylphenols:
any compound containing a 2-(3- hydroxycyclohexyl)
phenol structure with substitution at the 5- position of the phenolic ring by
an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl, or
2-(4-morpholinyl) ethyl group, whether or not substituted in the cyclohexyl
ring to any extent including, but not limited to, Cannabicyclohexanol
(CP 47,497 C8 homologue), CP 47,497 and CP 55,490;
(vii) benzoylindoles: any
compound containing a 3-(benzoyl) [ 5 ] OTS-3833.4 indole structure with
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl) methyl, or 2-(4- morpholinyl) ethyl group, whether
or not further substituted in the indole ring to any extent and whether or not
substituted in the phenyl ring to any extent including, but not limited to,
AM-694, Pravadoline (WIN 48,098), RCS-4, and AM-1241;
(q) UR-144
1-(pentyl-1H-indol-3-yl) (2,2,3,3-tetramethylcyclopropyl)methanone;
(r) XLR11
1-(5-fluoro-pentyl)-1H-indol-3-yl(2,2,3,3-tetramethylcyclopropyl)methanone;
(s) AKB48
N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide;
(t) QUPIC; Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate;
(u) 5-fluoro-PB22;
5F-PB22; Quinolin-8-yl 1-(5-fluropentyl-1H-indole-3-carboxylate;
(v) AB-FUBINACA;
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-flurobenzyl)-1H-indazole-3-carboxamide;
(w) ADB-PINACA;
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamine;
(x) AB-CHMINACA;
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide;
(y) AB-PINACA;
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide;
(z) THJ-2201;
[1-(5-fluropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone;
(aa) FDU-PB-22 IUPAC: 1-Naphthyl 1-(4-fluorobenzyl)-1H-indole-3
carboxylate;
(bb) 5-fluoro ABICA:
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indole-3-carboxamide;
(cc) FUB-144 or FUB-UR-144;
[1-(4-fluorobenzyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone;
(dd) MN-18;
N-(1-Naphthyl)-1-pentyl-1H-indazole-3-carboxamide;
(ee) FUB-PB-22; Quinolin-8-yl
1-(4-fluorobenzyl)-1H-indole-3-carboxylate;
(ff) ADB-CHMINACA (N-[1-(aminocarbonyl)-2,2-dimethylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide);
(gg) AMB-FUBINACA or FUB-AMB (methyl(1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate);
(hh) 5-fluoro-AMB
(N-[[1-(5-fluoropentyl)-1H-indazol-3-yl]carbonyl]-L-valine, methyl ester);
(ii) 5-fluoro-ADB
(N-[[1-(5-fluoropentyl)-1H-indazol-3-yl]carbonyl]-3-methyl-D-valine, methyl
ester);
(jj) Bk-DMBDB or dibutylone;
1-(Benzo[d][1,3]dioxol-5-yl)-2-(dimethylamino)butan-1-one;
(kk) MMB-FUBINACA; methyl
(1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate;
(ll) MDMB-CHMICA; methyl
(S)-2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate;
(mm) NM2201; Naphthalen-1-yl
1-(5-fluoropentyl)-1H-indole-3-carboxylate;
(nn) 5-Fluoro-AKB48
or 5F-APINACA;
N-((3s,5s,7s)-adamanta-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide;
(oo) 5-Fluoro-ADB;
Methyl(S)-2-[1-(5-fluoropentyl)-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate;
(pp) 5-Fluoro-AMB;
N-[[1-(5-fluoropentyl)-1H-indazol-3-yl]carbonyl]-L-valine,methyl ester;
(qq) MAB-CHMINACA;
N-[1-(aminocarbonyl)-2,2-dimethylpropyl]-1-(cycohexylmethyl)-1H-indazole-3-carboxamide;
(rr) SDB-006;
N-benxyl-1-pentyl-1H-indole-3-carboxamide;
(ss) Cumyl-PINACA;
1-pentyl-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide;
(tt) Cumyl-PICA;
1-pentyl-N-(2-phenylpropan-2-yl)-1H-indole-3-carboxamide;
(uu) 5F-CUMYL-PINACA;
SGT-25; 1-(5-Fluoropentyl)-N-(2-phenylpropan-2- yl)-1H-indazole-3-carboxamide;
(vv) 5F-EDMB-PINACA; Ethyl
2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)- 3,3-dimethylbutanoate;
(ww) methyl
2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate [5F-ADB;
5F-MDMB-PINACA];
(xx) N
-(Adamantan-1-yl)-1-(4-fluorobenzyl)-1 H -indazole-3-carboxamide
(FUB-AKB48; FUB-APINACA; AKB48 N -(4-fluorobenzyl));
(yy) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1
H-indazole-3-carboxamide (4-CN-CUMYL-BUTINACA, 4-cyano-CUMYL-BUTINACA;
4-CN-CUMYL BINACA, CUMYL-4CN-BINACA, or SGT-78);
(zz) methyl
2-(1-(cyclohexylmethyl)-1 H-indole-3-carboxamido)-3-methylbutanoate (MMB-CHMICA
or AMB-CHMICA);
(aaa) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1
H-pyrrolo[2,3-b]pyridine-3-
carboxamide (5F-CUMYL-P7AICA)
(33) Substances
determined by the board to have the pharmacological effect of the substance,
the risk to the public health by abuse of the substance and the potential of
the substance to produce psychic or physiological dependence liability is similar to the substances described in Paragraph (1) or (2)
of 30-31-23C NMSA 1978. Substances
include but are not limited to:
(a) Salvia
divinorum;
(b) Salvinorin A (methyl (2S,4aR,6aR,7R,9S,10aS,10bR)-9-(acetyloxy)-2-(furan-3-yl)-6a,10b-dimethyl-4,10-dioxododecahydro-2H-benzo[f]isochromene-7-carboxylate);
(34) (4-MEC); 4-methyl-ethylcathinone;
(35) (4-EMC); 4-ethyl-methcathinone;
(36) Ethcathinone;
2-ethylamino-1-phenyl-propan-1-one;
(37) Ethylone;
3’,4’-methylenedioxyethcathinone;
(38) Bk-MBDB, butylone; beta-keto-N-methyl-3,4-benzodioxyolybutanamine;
(39) (NRG-1), naphyrone; naphthylpyrovalerone;
(40) Metamfepramone; N,N-dimethylcathinone;
(41) Alpha-PPP;
alpha-pyrrolidinopropiophenone;
(42) (α-PBP); alpha-pyrrolidinobutiophenone;
(43) (MOPPP);
4’-methoxy-alpha-pyrrolidinopropiophenone;
(44) (MαPPP); 4’-methyl-α-pyrrolidinopropiophenone;
(45) (MDPPP);
3’,4’-methylenedioxy-alpha-pyrrolidinopropiophenone;
(46) (MDPBP); 3’,4’-methylenedioxy-alpha-pyrrolidinobutiophenone;
(47) (MPBP); 4’-methyl-α-pyrrolidinobutiophenone;
(48) Alpha-PVP;
alpha-pyrrolidinovalerophenone;
(49) (MDAI);
5,6-methylenedioxy-2-aminoindane;
(50) Buphedrone;
alpha-methylamino-butyrophenone;
(51) Eutylone;
beta-keto-ethylbenzodioxolylbutanamine;
(52) beta-keto-ethylbenzodioxolylpentanamine;
(53) beta-keto-methylbenzodioxolylpentanamine
(pentylone);
(54) 4-Bromo-2,5-dimethoxyphenethylamine
(2c-B, Nexus);
(55) N-hydroxy-3,4-methylenedioxyamphetamine
(also known as N-hydroxy-alphamethyl-3,4(methylenedioxy)-phenethylamine, and
N-hydroxy MDA;
(56) 5-methoxy-N,N-dimethyltryptamine
(5-methoxy-3-[2-(dimethylamino)ethyl]indole;
5-MeO-DMT;
(57) Mephedrone; 4-methylmethcathinone;
(58) (MDPV); 3,4-methylenedioxypyrovalerone;
(59) (2C-E); 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine;
(60) (2C-D);
2-(2,5-Dimethoxy-4-methylphenyl)ethanamine;
(61) (2C-T-2); 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine;
(62) (2C-T4); 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine;
(63) (2C-H); 2-(2,5-Dimethoxyphenyl)ethanamine;
(64) (2C-N);
2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine;
(65) (2C-P); 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine;
(66) Methylone; 3,4-Methylenedioxy-N-methylcathinone;
(67) Aminorex
(2-amino-5-phenyl-2-oxazoline);
(68) Pentedrone;
(69) 4-FMC or flephedrone;
4-fluro-N-methylcathinone;
(70) (3-FMC); 3-fluro-N-methylcathinone;
(71) (3-MMC); 3-methylmethcathinone;
(72) (3,4 DMMC); 3,4-Dimethylmethcathinone;
(73) (3-MEC); 3-Methyl-N-ethylcathinone;
(74) 4-methylbuphedrone or 4-MeBP;
2-methylamino-1-(4-methylphenyl)butan-1-one
(75) (4 MTA); 4-methylthioamphetamine;
(76) (5-Me MDA);
5-methyl-3,4-methylenedioxyamphetamine;
(77) (6-APB); 6-benzofuran;
(78) (PMA); 4-methoxyamphetamine;
(79) (2C-B);
2,5-dimethoxy-4-bromophenethylamine;
(80) (2C-C);
2,5-dimethoxy-4-chlorophenethylamine;
(81) (2C-D);
4-methyl-2,5-dimethoxyphenethylamine;
(82) (2C-E, aquarust,
cindy); 2,5-dimethoxy-4-ethylphenethylamine;
(83) (2C-G);
3,4-dimethyl-2,5-dimethoxyphenethylamine;
(84) (2C-I);
2,5-dimethoxy-4-iodophenethylamine;
(85) (2C-T21);
2-[2,5-dimethoxy-4-(2-fluoroethylthio)phenyl]ethanamine;
(86) (2C-B-FLY); 2-(8-bromo-2,3,6,7-tetrahydrofuro
[2,3-f][1]benzofuran-4-yl)ethanamine;
(87) Bromo-DragonFLY or 3C-Bromo-Dragonfly or DOB-Dragonfly; 1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine;
(88) (DOB); 2,5-Dimethoxy-4-bromoamphetamine;
(89) (DOC); 2,5-Dimethoxy-4-chloroamphetamine;
(90) (DOM);
2,5-Dimethoxy-4-methylamphetamine;
(91) (TMA2); 2,4,5-trimethoxyamphetamine;
(92) (TMA6); 2,4,6-trimethoxyamphetamine;
(93) (MDAT);
6,7-methylenedioxy-2-aminotetralin;
(94) (4-acetoxy DiPT,
ipracetin); 4-acetoxy-N,N-diisopropyltryptamine;
(95) (4-acetoxy DMT, psilacetin;) O-Acetylpsilocin;
(96) 4-HO MET, metocin;
4-hydroxy-N-methyl-N-ethyltryptamine;
(97) 4-HO MiPT, hats;
4-hydroxy-N-methyl-N-isopropyltryptamine;
(98) 5-MeO-aMT, Alpha-O; 5-methoxy-α-methyltryptamine;
(99) (5-MeO-MiPT);
N-[2-(5-methoxy-1H-indol-3-yl)ethyl]-N-methylpropan-2-amine;
(100) (DiPT); N,N-diisopropyltryptamine;
(101) (DPT); dipropyltryptamine;
(102) (5-MeO-DALT); N,N-diallyl-5-methoxytryptamine;
(103) (3-MeO PCP); 3-methoxyphencyclidine;
(104) (4-MeO PCP); 4-methoxyphencyclidine;
(105) (MK-801); dizocilpine;
(106) (PCE, perchloroethylene, perchloroethene), Perc; tetrachloroethylene;
(107) (PCE, perchloroethylene, perchloroethene), Perc; tetrachloroethylene;
(108) (PCPr); phencyclamine, N-(1-phenylcyclohexyl)propanamine;
(109) (Tenocyclidine);
1-(1-(2-thienyl)cyclohexyl)piperidine
(110) (3-MeO PCE); 3-methoxyeticyclidine,
N-ethyl-1-(3-methoxyphenyl)cyclohexanamine;
(111) (ETH-LAD); 6-ethyl-6-nor-lysergic acid
diethylamide;
(112 (AL-LAD); 6-allyl-6-nor-LSD;
(113) (PRO-LAD);
10-didehydroergoline-8-carboxamide;
(114) ((1-(1,3-benzodioxol-5-yl)-2-(ethylamino)pentan-1-one, N- ethylpentylone);
(115) (MPHP),
4´-methyl-alpha-pyrrolidinohexiophenone;
(116) 4'-chloro-alpha-pyrrolidinovalerophenone
(4-chloro-α-PVP; 4'-chloro-α-pyrrolidinopentiophenone);
(117) 4-methyl-alpha-ethylaminopentiophenone
(4-MEAP; 2-(ethylamino)-1-(4-methylphenyl)pentan-1-one);
(118) Alpha-pyrrolidinoheptaphenone
(PV8; 1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one);
(119) Alpha-pyrrolidinohexanophenone
(α-PHP; α-pyrrolidinohexanophenone;
1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one);
(120) N-ethylhexedrone
(α-ethylaminohexanophenone; 2-(ethylamino)-1- phenylhexan-1-one);
(121) Methoxetamine; 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one; 2-(3-methoxyphenyl)-2-(N-ethylamino)cyclohexanone;
MXE).
F. Any material, compound, mixture or preparation which
contains any quantity of the following substances.
(1) 3, 4-methylenedioxymethamphetamine (MDMA), its optical,
positional and geometric isomers, salts and salts of isomers;
(2) (MPPP); 1-methyl-4-phenyl-4-proprionoxypiperidine its
optical isomers, salts, and salts of isomers;
(3) 1-(-2-phenylethyl)-4-phenyl-4-acetoxy piperidine (PEPAP), its
optical isomers, salts and salts of isomers;
(4) Cathinone;
(5) Methcathinone;
(6) Tianeptene;
(7) Para- Methoxymethamphetamine (PMMA)
[16.19.20.65
NMAC - Rp 16.19.20.65 NMAC, 6/26/2018; A, 12/17/2019; A, 9/14/2021; A, 6/13/2023]
16.19.20.66 SCHEDULE II:
A. OPIOIDS: Unless specifically excepted or unless in
another schedule any of the following opioids, including its isomers, esters,
ethers, salts and salts of isomers, esters, and ethers whenever the existence
of such isomers, esters, ethers, and salts is possible within the specific
chemical designation except dextro and
levopropoxyphene.
(1) Alphaprodine;
(2) Anileridine;
(3) Bezitramide;
(4) Diphenoxylate;
(5) Dihydrocodeine;
(6) Dextropropoxyphene
(bulk) non-dosage form;
(7) Fentanyl;
(8) Isomethadone;
(9) Levomethorphan;
(10) Levorphanol;
(11) Metazocine;
(12) Methadone;
(13) 4-cyano-2-dimethylamino-4,
4-diphenylbutane;
(14) Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-dipehyl-propane-carboxylic acid;
(15) Pethidine;
(16) 4-cyano-1-methyl-4-phenylpiperidine;
(17) ethyl-4-phenyl-piperdine-4-carboxylate;
(18) 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(19) Phenazocine;
(20) Piminodine;
(21) Racemethorphan;
(22) Racemorphan;
(23) Sufentanil;
(24) Carfentanil;
(25) (LAAM); Levo-alphacetylmethadol;
(26) Tapentadol;
(27) Thiafentanil;
(28) Norfentanyl;
(29) Oliceridine.
B. Shall
consist of the drugs and other substances, by whatever official name, common or
usual name, chemical name or brand name designated, listed in this
section. Substance, vegetable origin or
chemical synthesis. Unless specifically
exempt or unless listed in another schedule, any of the following substances
whether produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis.
(1) Opium
and opiate, and any salts, compound, derivative, or preparation of opium or
opiate excluding naloxone, dextrorphan, nalbuphine,
naltrexone and apomorphine but including the following:
(a) Raw opium;
(b) Opium extracts;
(c) Opium fluid extracts;
(d) Powdered opium;
(e) Granulated opium;
(f) Tincture of opium;
(g) Codeine;
(h) Ethylmorphine;
(i) Etorphine hydrochloride;
(j) Hydrocodone;
(k) Hydromorphone;
(l) Metopon;
(m) Morphine;
(n) Oxycodone;
(o) Oxymorphone;
(p) Thebaine;
(q) Alfentanil;
(r) Oripavine.
(2) Any salt, compound derivative, or preparation thereof, which
is chemically equivalent or identical with any of the substances referred to in
Paragraph (1) of Subsection A of 16.19.20.66 NMAC, except that these substances
shall not include the isoquinoline alkaloids of
opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative or
preparation of coca leaves and any salt, compound, derivative or preparation
thereof which is chemically equivalent or identical with any of these
substances, except that the substances shall not include de-cocainized coca
leaves or extraction of coca leaves, which extractions do not contain cocaine
or ecgonine.
C. STIMULANTS: Unless specifically exempt or unless listed in another
schedule, any material, compound, mixture or preparation which contains any
quantity of the following substances having a stimulant effect on the central
nervous system. (See 16.19.21 NMAC- Drug
Precursors)
(1) Amphetamine, its salts, optical isomers and salts of its
optical isomers.
(2) Methamphetamine, its salts, isomers and salts of isomers.
(3) Phenmetrazine and its salts.
(4) Methylphenidate.
(5) Lisdexamfetamine.
D. DEPRESSANTS: Unless specifically exempt or unless listed in
another schedule any material, compound mixture or preparation which contains
any quantity of the substance having a depressant effect on the central nervous
system, including its salts, isomers and salts of isomers is possible within
the specific chemical designation.
(1) Amobarbital;
(2) Secobarbital;
(3) Pentobarbital;
(4) Phencyclidine;
(5) Glutethimide;
(6) 1-phenylcyclohexylamine;
(7) 1-piperidinocyclohexanecarbonitrile;
(8) Dronabinol in an oral solution in a drug product approved
for marketing by the U.S. Food and Drug Administration.
E. HALLUCINOGENIC SUBSTANCES:
Unless specifically exempt or unless listed in another schedule, any
material, compound, mixture or preparation, which contains any quantity of the
following hallucinogenic substances, or which contains any of its salts,
isomers and salts of isomers whenever the existence of such salts, isomers, and
salts of isomers is possible within the specific chemical designation (for
purpose of this paragraph only, the term “isomers” includes the optical,
positional, and geometric isomers):
(1) Nabilone;
(2) Phenylacetone
(P2P, benzyl methyl ketone; methyl benzyl ketone).
F. MISCELLANEOUS:
(1) Dihydroetorphine;
(2) Bulk dextropropoxyphene;
(3) Remifentanil.
[16.19.20.66
NMAC - Rp 16.19.20.66 NMAC, 6/26/2018; A, 12/17/2019;
A, 6/13/2023]
16.19.20.67 SCHEDULE III: Shall consist of drugs and other substances, by whatever
official name, common or usual name designated listed in this section.
A. NARCOTIC
DRUGS: Unless specifically exempt or
unless listed in another schedule, any material, compound, mixture or
preparation containing limited quantities of the following narcotic drugs, or
any salts thereof.
(1) Not more than one and eight-tenths grams of codeine per 100
milliliters or not more than 90 milligrams per dosage unit, with an equal or
greater quantity of an isoquinoline alkaloid of
opium.
(2) Not more than one and eight-tenths grams of codeine per 100
milliliters or not more than 90 milligrams per dosage units, with one or more
active nonnarcotic ingredients in recognized therapeutic amounts.
(3) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with a fourfold or
greater quantity of an isoquinoline alkaloid of
opium.
(4) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts.
(5) Not more than one and eight-tenths grams of dihydrocodeine
per 100 milliliters or not more than 90 milligrams per dosage unit, with one or
more active, nonnarcotic ingredients in recognized therapeutic amounts.
(6) Not more than 300 milligrams of ethylmorphine
per 100 milliliters or not more than 15 milligrams per dosage unit, with one or
more active, nonnarcotic ingredients in recognized therapeutic amounts.
(7) Not more than 500 milligrams of opium per 100 milliliters or
per 100 grams or not more than 25 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts.
(8) Not more than 50 milligrams of morphine per 100 milliliters
or per 100 grams, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.
B. STIMULANTS: Unless specifically exempt or unless listed
in another schedule, any material, compound, mixture or preparation which
contains any quantity of the following substances having a stimulant effect on
the central nervous system.
(1) Those compounds, mixtures or preparations in dosage unit
form containing any stimulant, amphetamine, phenmetrazine or methamphetamine
previously exempt, for which the exemption was revoked by FDA Regulation Title
21, Part 308.13, and any other drug of the quantitative composition shown in
that regulation for those drugs or which is the same
except that it contains a lesser quantity of controlled substances.
(2) Benzphetamine;
(3) Phendimetrazine;
(4) Chlorphentermine;
(5) Clortermine.
C. DEPRESSANTS: Unless specifically exempt or unless listed
in another schedule, any material, compound, mixture or preparation which
contains any quantity of the following substances having a depressant effect on
the central nervous system.
(1) Any compound, mixture or preparation containing:
(a) Amobarbital;
(b) Secobarbital;
(c) Pentobarbital;
(d) Butalbital; or any salt thereof and one or more active
medicinal ingredients which are not listed in any schedule.
(2) Any suppository dosage form containing:
(a) Amobarbital;
(b) Secobarbital;
(c) Pentobarbital; or any salt of any of these drugs approved by
the FDA for marketing only as a suppository.
(3) Any substance which contains any quantity of a derivative of
barbituric acid or any salt of a derivative of barbituric acid.
(4) Chlorhexadol;
(5) Lysergic Acid;
(6) Lysergic Acid Amide;
(7) Methyprylon;
(8) Sulfondiethylmethane;
(9) Sulfonethylmethane;
(10) Sulfonmethane;
(11) Telazol; Tiletamine/zolazepam;
(12) Ketamine Hydrochloride.
(13) Any
drug product containing gamma hydroxybutyric acid, including its salts,
isomers, and salts of isomers, for which an application is approved under
Section 505 of the Federal Food, Drug and Cosmetic Act.
(14) Embutramide;
(15) Dronabinol
(synthetic) in sesame oil and encapsulated in soft gelatin capsules in a drug
product approved by the U.S. food and drug administration.
(16) Perampanel.
D. MISCELLANEOUS:
(1) Nalorphine (a narcotic drug);
(2) Buprenorphine;
(3) Clenbuterol.
E. ANABOLIC
STEROIDS: The term “anabolic
steroid” means any drug or hormonal substance, chemically and pharmacologically
related to testosterone (other than estrogens, progestins, and corticosteroids)
that promotes muscle growth. Unless
specifically exempt or unless listed in another schedule, any material,
compound, mixture or preparation which contains any quantity of the following
substances listed in this section:
(1) Boldenone;
(2) Chloro testosterone;
(3) Clostebol;
(4) Dehydrochlormethyltestosterone;
(5) Dihydrotestosterone;
(6) Drostanolone;
(7) Ethylestrenol;
(8) Fluoxymesterone;
(9) Formebolone;
(10) Mestanolone;
(11) Mesterolone;
(12) Methandienone;
(13) Methandranone;
(14) Methandriol;
(15) Methandrostenolone;
(16) Methenolone;
(17) Methyltrienolone;
(18) Methyltestosterone;
(19) Mibolerone;
(20) Nandrolone;
(21) Norbolethone;
(22) Norethandrolone;
(23) Oxandrolone;
(24) Oxymesterone;
(25) Oxymetholone;
(26) Stanolone;
(27) Sanozolol;
(28) Testolactone;
(29) Testosterone;
(30) Trenbolone; and
(31) any salt, ester,
or isomer of a drug or substance described or listed in this paragraph, if that
salt, ester, or isomer promotes
muscle growth.
F. Exempt
anabolic steroids: Compounds, mixtures,
or preparations that contain an anabolic steroid that have been exempted by the
board from Subsection E of 16.19.20.67 NMAC, schedule III to the same extent
that the substance has been exempted from the application of the Federal
Controlled Substance Act, if the substance is listed as an exempt anabolic
steroid product under 21 C.F.R. Section 1308.34 and its subsequent amendments.
[16.19.20.67
NMAC - Rp 16.19.20.67 NMAC, 6/26/2018]
16.19.20.68 SCHEDULE IV: Shall consist of the drugs and other substances, by whatever
official name, common or usual name, chemical name, or brand name designated,
listed in this section.
A. DEPRESSANTS: Unless specifically exempt or unless listed
in another schedule, any material, compound, mixture or preparation which
contains any quantity of the following substances, including its salts,
isomers, and salts of isomers whenever the existence of such salts, isomers and
salts of isomers is possible within the specific chemical designation:
(1) Alfaxalone;
(2) Alprazolam;
(3) Barbital;
(4) Chloral Betaine;
(5) Chloral Hydrate;
(6) Chlordiazepoxide;
(7) Clobazam;
(8) Clonazepam;
(9) Clorazepate;
(10) Clotiazepam
(11) Diazepam;
(12) Estazolam;
(13) Ethchlorvynol;
(14) Ethinamate;
(15) Flurazepam;
(16) Fospropofol;
(17) Halazepam;
(18) Lorazepam;
(19) Mebutamate;
(20) Meprobamate;
(21) Methohexital;
(22) Methylphenobarbital;
(23) Midazolam;
(24) Oxazepam;
(25) Paraldehyde;
(26) Petrichloral;
(27) Phenobarbital;
(28) Prazepam;
(29) Quazepam;
(30) Remimazolam;
(31) Suvorexant;
(32) Temazepam;
(33) Triazolam;
(34) Brexanolone.
B. LORCASERIN: Any material, compound, mixture or preparation
which contains any quantity of the following substance, including its salts,
isomers (whether optical, positional, or geometric) and its salts, or such
isomers, whenever the existence of such salts, isomers, and salts of isomers is
possible: Lorcaserin.
C. STIMULANTS: Unless
specifically exempt or unless listed in another schedule any material,
compound, mixture or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system, including
its salts, isomers (whether optical, positional, or geometric) and salts of
such isomers whenever the existence of such salts, isomers and salts of isomers
is possible within the specific chemical designation:
(1) Diethylpropion;
(2) Phentermine;
(3) Pemoline (including organometallic complexes and chelates
thereon);
(4) Pipradrol;
(5) SPA ((-)-1-dimethyl amino-1,2-diphenylmethane);
(6) Mazindol;
(7) Cathine;
(8) Fencamfamin;
(9) Fenproporex;
(10) Mefenorex;
(11) Modafinil;
(12) Sibutramine;
(13) Solriamfetol;
(14) Serdexmethylphenidate.
D. OTHER
SUBSTANCES: Unless specifically
exempt or unless listed in another schedule, any material, compound, mixture or
preparation which contains any quantity of the following substances, including
its salts:
(1) Dextropropoxyphene(Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane);
(2) Pentazocine;
(3) Carisoprodol;
(4) Nalbuphine Hydrochloride;
(5) Butorphanol Tartrate;
(6) Dezocine;
(7) Dichloralphenazone;
(8) Zaleplon;
(9) Zolpidem;
(10) Eszopiclone;
(11) Tramadol;
(12) Eluxadoline
(5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic
acid) (including its optical isomers) and its salts, isomers, and salts of
isomers
(13) Lemborexant;
(14) Daridorexant
E. NARCOTIC
DRUG: Unless specifically exempt or unless
listed in another schedule, any material, compound, mixture or preparation
containing limited quantities of any of the following narcotic drugs or any
salts thereof: Not more than one
milligram of difenoxin and not less than 25
micrograms of atropine sulfate per dosage unit.
F. EXEMPTION
OF CHLORAL: When packaged in a
sealed, oxygen-free environment, under nitrogen pressure, safeguarded against
exposure to the air. Chloral when
existing under the above conditions is a substance which is not intended for
general administration to a human being or another animal, and contains no
narcotic controlled substances and is packaged in such a form that the package
quantity does not present any significant potential for abuse. All persons who engage in industrial
activities with respect to such chloral are subject to registration; but shall
be exempt from Section 30-31-16 through 19 of the New Mexico Controlled
Substances Act and 16.19.20.19 NMAC through 16.19.20.52 NMAC of the board of
pharmacy regulations.
G. EXEMPT
COMPOUNDS: Librax
and Menrium are preparations which contain
chlordiazepoxide, a depressant listed in schedule IV, Paragraph (6) of
Subsection A of 16.19.20.68 NMAC and other ingredients in such combinations,
quantity, preparation or concentration as to vitiate the potential for abuse of
chlordiazepoxide, and are hereby exempt preparations.
(1) Librax;
(2) Menrium, 5-2;
(3) Menrium, 4-5;
(4) Menrium, 10-4.
[16.19.20.68
NMAC - Rp 16.19.20.68 NMAC, 6/26/2018; A, 9/14/2021;
A, 6/13/2023]
16.19.20.69 SCHEDULE V:
A. Narcotic drugs containing non-narcotic active medicinal
ingredients. Any compound, mixture, or
preparation containing any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, in limited quantities as set
forth below, which shall include one or more non-narcotic active medicinal
ingredients in sufficient proportion to confer upon the compound, mixture, or
preparation valuable medicinal qualities other than those possessed by narcotic
drugs alone.
(1) Not more than 200
milligrams of codeine per 100 milliliters or per 100 grams.
(2) Not more than 100
milligrams of dihydrocodeine per 100 milliliters or per 100 grams.
(3) Not more than 100
milligrams of ethylmorphine per 100 milliliters or
per 100 grams.
(4) Not more than two
and five-tenths milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit.
(5) Not more than 100
milligrams of opium per 100 milliliters or per 100 grams.
(6) Not more than five-tenths milligrams of difenoxin
and not less than 25 micrograms of atropine sulfate per dosage unit.
B. Stimulants. Unless specifically exempted or excluded or
unless listed in another schedule, any material, compound, mixture or
preparation which contains any quantity of the following substances having a
stimulant effect on the central nervous system, including its salts, isomers
and salts of isomers.
(1) Pyrovalerone.
(2) Pseudoephedrine as a drug that
includes any compound, mixture, or preparation that contains any detectable
quantity of pseudoephedrine, its salts or its optical isomers, or salts of its
optical isomers. Pursuant to 30-31-10.C
the following substances are excluded from schedule V controlled
substances: pseudoephedrine products in
liquid form including liquid filled gel caps and pseudoephedrine products
already classified as dangerous drugs.
C. Depressants. Unless specifically exempted or excluded or unless
listed in another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a depressant
effect on the central nervous system, including its salts:
(1) Lacosamide
[(R)-2acetoamido-N-benzyl-3-methoxy-propionamide];
(2) Pregabalin
[(S)-3-(aminomethyl)-5-methylhexanoic acid];
(3) Ezogabine [N-[2-amino-4-(4-flurobenzylamino-phenyl]-carbamic acid ethyl
ester];
(4) Brivaracetam;
(5) Cenobamate;
(6) Lasmiditan;
(7) Ganaxolone
[16.19.20.69 NMAC - Rp 16.19.20.69 NMAC, 6/26/2018; A,
12/17/2019, A, 12/15/2020; A, 9/14/2021; A, 6/13/2023]
16.19.20.70 EXEMPT DANGEROUS DRUGS
(PRESCRIPTION STATUS DRUGS): The drugs set forth in the Federal DEA Table of Excepted Prescription
Drugs published in a separate volume under Code of Federal Regulations,
Title 21, Chapter II, Part 1308.32 have been exempt by
the New Mexico board of pharmacy. Any
deviation from the quantitative composition of any of the listed drugs shall
require a petition for exemption to the Federal DEA in order that a drug may be
exempt by DEA and the New Mexico board of pharmacy.
[16.19.20.70
NMAC - Rp 16.19.20.70 NMAC, 6/26/2018]
History of 16.19.20 NMAC:
Pre-NMAC History:
Material
in this part was derived from that previously filed with the commission of
public records - state records center and archives as:
BOP
69-2, Rules and Regulations of the State Board of Pharmacy, filed 6/13/1969;
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, filed
8/15/1969;
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,
filed 4/1/1969;
Regulation
No. 20, Controlled Substances, filed 2/7/1980;
Regulation
No. 20, Controlled Substances, filed 10/24/1985;
Regulation
No. 20, Controlled Substances, filed 2/2/1987;
Regulation
No. 20, Controlled Substances, filed 7/27/1990.
History
of Repealed Material:
85-1, Repealer, filed 10/29/1985.
16 NMAC
19.20, Pharmacists - Controlled Substances, filed 5/1/1998, repealed effective 7/15/2002.
16.19.20
NMAC, Controlled Substances, filed 7/15/2002, repealed effective 6/26/2018.
Other History:
Regulation
No. 20, Controlled Substances, filed 7/27/1990; renumbered, reformatted to 16
NMAC 16.4, Pharmacists - Controlled Substances, filed 2/2/1996;
16 NMAC
19.20, Pharmacists - Controlled Substances, filed 7/25/1996;
16 NMAC
19.20, Pharmacists - Controlled Substances, filed 5/1/1998;
16 NMAC
19.20, Pharmacists - Controlled Substances, filed 5/1/1998, replaced by 16.19.20 NMAC, Controlled
Substances, effective 7/15/2002.