N.M. Admin. Code § 16.19.6.17 - SIGNS TO BE REMOVED WHEN PHARMACY DISCONTINUES OPERATION
When a pharmacy discontinues operation, the permit issued by the board shall be immediately surrendered to the board office, all drug signs and symbols, either within or without the premises, shall be immediately removed; all drugs, devises, poisons shall be removed or destroyed:
A. Signs: Any store, shop, laboratory or
place of business which has upon it or in it a sign or words "pharmacist",
"pharmaceutical chemist", "druggist", "pharmacy", "drug store", "drugs", "drug
sundries", "prescriptions", or any of these words, or words of similar import
either in English or any other language, or which is advertised by any sign
containing any of these words, is defined by law to be a drug store or pharmacy
and must obtain a license from the board of pharmacy. Any such place of
business not licensed by the board shall remove any such sign or words which it
may have upon or in it.
B. Waiver:
The board may waive this requirement pursuant to a petition for waiver. Waivers
granted by the board are limited to use by the party and business specified in
the waiver document and other limitations set forth. Such petitions shall
include:
(1) name of the party;
(2) address of the business;
(3) type of business;
(4) reason for waiver request;
(5) supporting documents; and
(6) photographs of the business demonstrating
the use of the sign or words in question.
C. Use of pharmacy, pharmacist and other
names: Any advertiser, as defined by Paragraph (2) of Subsection A of
16.19.6.21 NMAC, using the names
"pharmacist", "pharmacy", "drug store", "druggist", " drug sundries",
"prescriptions", or any other combination of these words or any other words of
similar import that indicate to the public that the advertiser is a pharmacy,
is prohibited unless the following occurs:
(1) the advertiser is or has a licensed
pharmacy in New Mexico; or
(2) the
advertiser is or has a non-resident pharmacy licensed in New Mexico;
or
(3) the advertiser has a clear
statement, included with such advertisement, stating to the effect, "the
advertiser is not a licensed pharmacy and does not fill prescriptions or
practice pharmacy"; and
(4) the
advertiser must disclose the name of the licensed pharmacy where prescriptions
are filled for New Mexico residents and such disclosure would be clear and
concise; and
(5) any "confidential
information", as defined by Subsection D of Section
61-11-2 NMSA 1978, is obtained by
persons authorized by law to receive such information.
(6) pharmacists registered in this state may
advertise their professional services except such advertisement shall not
solicit prescription drug (dangerous drug) sales unless in conjunction with a
licensed pharmacy.
Notes
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