N.M. Admin. Code § 16.19.16.8 - DISTRIBUTION OF PHARMACEUTICAL SAMPLES
A. No person regulated by this Board
including a person acting as principal or agent (detail person) for a
manufacturer, wholesaler, or distributor shall buy, sell, trade, barter or
exchange, or offer to buy, sell, trade, barter or exchange:
(1) Pharmaceutical product samples;
(2) Pharmaceutical products sold for export
only;
(3) Pharmaceuticals purchased
by hospitals, and/or clinics, including agencies of state and local governments
for the exclusive use of those institutions and not intended for
resale;
(4) Pharmaceutical products
donated or supplied at reduced prices to charitable institutions in the United
States or abroad for their own institutional use;
(5) Complementary pharmaceutical product
trade packages.
B. Sales
otherwise permitted by law to affiliated corporations in furtherance of a
planned, integrated approach to the delivery of health care within a health
care corporate structure and sales by a bona fide group purchasing arrangement
to members are not subject to
16.19.16.8 NMAC nor are emergency
borrowing/lending between licensed health care facilities.
C. Violations of these regulations is grounds
for revocation of licenses or permits issued by the Board of
Pharmacy.
Notes
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