N.M. Admin. Code § 16.19.4.3 - STATUTORY AUTHORITY
Paragraph (1) of Subsection A of Section 61-11-6 NMSA, 1978 authorizes the board of pharmacy to adopt, regularly review and revise rules and regulations necessary to carry out the provisions of the Pharmacy Act, Sections 61-11-1, 61-11-2, 61-11-4 to 61-11-28 NMSA 1978. Those provisions include the authority to:
A. deny or take disciplinary action with
respect to any certificate of registration or license held or applied for under
the Pharmacy Act, Section
61-11-20 NMSA 1978;
B. require and establish criteria for
continuing education as a condition of renewal of a pharmacist license,
Paragraph (4) of Subsection A of Section
61-11-6 NMSA 1978;
C. issue permits or licenses, as defined and
limited by board regulation, to nursing homes, industrial and public health
clinics and home care services, Paragraph (6) of Subsection A of Section
61-11-6 and
61-11-14 NMSA 1978;
D. provide for the issuance and renewal of
licenses for pharmacists, Paragraph (3) of Subsection A of Section
61-11-6, and
61-11-13 NMSA 1978;
E. provide for the registration of pharmacist
interns, their certification, annual renewal of certification, training,
supervision, and discipline, Paragraph (5) of Subsection A of Section
61-11-6 NMSA 1978; and
F. adopt rules and regulations that establish
patient counseling requirements, Paragraph (18) of Subsection A of 61-11-6 NMSA
1978. Under the Pharmacist Prescriptive Authority Act, Sections
61-11B-1 to
61-11B-3 NMSA 1978, the board is
required to establish regulations governing certification as a pharmacist
clinician. The Impaired Pharmacists Act, Sections
61-11A-1 to
61-11A-8 NMSA 1978, requires the
establishment by the board of a plan for treatment and rehabilitation of
impaired pharmacists. Subsection B of Section
61-1-36 NMSA 1978 authorizes the
board of pharmacy to promulgate rules relating to listing specific criminal
convictions that could disqualify an applicant from receiving a license on the
basis of a previous felony conviction. Subsection B of Section
28-2-3 NMSA 1978 prohibits the
board of pharmacy from considering certain criminal records to be used,
distributed or disseminated in connection with an application for a license.
Section 28-2-4 NMSA 1978 authorizes the
board of pharmacy the power to refuse to grant or renew, or suspend or revoke a
license where the applicant or licensee has been convicted of a felony and the
criminal conviction directly relates to the particular profession and other
convictions specified.
Notes
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