N.M. Admin. Code § 16.19.14.14 - LICENSE REQUIREMENTS MEDICAL GAS REPACKAGER OR SELLER
A. Every medical gas repackager or seller,
wherever located, shall be licensed by the board in accordance with the laws
and regulations of this state before engaging in repackaging, distribution or
selling of medical gases in this state.
B. Repackagers and sellers cannot operate
from a place of residence. No primary business location will be operated out of
a storage unit. Use of a storage unit shall be consistent with accrediting body
approval and allowance.
C. Where
operations are conducted at more than one location, each such location shall be
licensed by the board.
D. A
manufacturer or wholesale drug distributor licensed by the board may distribute
medical gas without the requirement of a separate medical gas license. Said
licensees shall distribute only to an entity licensed to receive medical gas. A
pharmacy, dentist, or licensed prescriber's license verifies their authority to
receive prescription only medical gases.
E. A pharmacy licensed by the board may
provide medical gas pursuant to a drug order, or to nearby emergency medical
services, i.e., ambulance companies and firefighting organizations in the same
state or same marketing or service area, or nearby licensed practitioners
allowed to prescribe medical gases for use in the treatment of acutely ill or
injured persons; to nearby or contracted nursing homes or home care services;
or to another pharmacy to alleviate a temporary shortage without the
requirement of a separate medical gas license.
F. The Board may prohibit a person or entity
from receiving or maintaining licensure if the person or entity:
(1) has been convicted of any felony for
conduct relating to manufacturing or distribution, any felony violation of
Subsection (i) or (k) of section 301, or any felony violation of Section 1365
of title 18, United States Code, relating to product tampering; or
(2) has been found by the board to have
violated the requirements of this part, or state requirements for
licensure.
G. The board
shall have the right to deny a license to an applicant if it determines that
the granting of such a license would not be consistent with the public health
and safety.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.