New Mexico
Register / Volume XXXVI, Issue 18 / September 23, 2025
NOTICE OF REGULAR
BOARD MEETING AND RULE HEARING
The New Mexico Board of Pharmacy will convene on October 23rd
and 24th, 2025 at 9:00 a.m. and continue until finished in the Board
of Pharmacy Conference Room located at 5500 San Antonio Dr., NE, Albuquerque,
NM 87109 for the purpose of conducting a regular board meeting and rule
hearing.
The agenda is posted 72 hours prior to the scheduled
meeting. You may view and download a
copy of the agenda through the board’s website:
https://www.rld.nm.gov/pharmacy/pharmacy-board-information/pharmacy-board-meetings/. All proposed
language regarding rule hearings is linked to the Agenda, the Notice to the
Public on our website and the New
Mexico Sunshine Portal.
Individuals petitioning the
board regarding requests/waivers must submit documentation for presentation;
via fax (505) 222-9845, mail or email to the Board Administrator, at the
general e-mail pharmacy.board@rld.nm.gov at least one week in advance of the
scheduled meeting.
Interested persons wishing to
comment on proposed language regarding rule hearings may submit documentation
for presentation prior to the hearing; via fax (505) 222-9845, mail or email to
the Board Administrator, at the general e-mail pharmacy.board@rld.nm.gov in
advance of the scheduled meeting. Public
comment is also allowed during the rule hearing.
If you are an individual with a
disability who is in need of a reader, amplifier,
qualified sign language interpreter, or any other form of auxiliary aid or
service, or if you are in need of a translator to
attend or participate in the hearing or meeting,
please contact Board Administrator at 505-222-9830 at least one week prior to
the meeting or as soon as possible.
Public documents, including the agenda and minutes, can be provided in
various accessible formats. Please
contact Board Administrator at 505-222-9830 or e-mail
pharmacy.board@rld.nm.gov if
a summary or other type of accessible format is needed.
The full text of Proposed Rule Amendments for Rule Hearing
on October 23rd, 2025, at 9:10 a.m. is available for each rule via
the hyperlinks below, agenda hyperlinks, and Sunshine Portal notice
hyperlinks. If you are unable to access
the full text of Proposed Rule Amendments via the links provided, please
contact pharmacy.board@rld.nm.gov for a copy.
Short explanation of the Purpose of Proposed Rule
Amendments: see below.
16.19.7 NMAC – HOSPITAL PHARMACIES
Section 8, the number of competent and qualified personnel
assisting the pharmacist in charge shall be determined by the same. Remove requirement for the board or its agent
to review pharmacy policy and procedure manual changes.
Section 9, remove provision detailing original or direct
copy of the medication order, consistent with contemporary technological
standards. For specialty designation
pharmacy, replace yearly with initial license application and specify that
blueprints will be provided, rather than photos and a drawing. Add allowance for pharmacist intern to
be present in the pharmacy to perform clerical tasks or drug regimen reviews
when the pharmacist is not in the facility.
This change can improve training opportunities for interns, while
allowing for increased utilization of available resources to support pharmacy
operations and patient care.
Section 10, minimum square footage of a pharmacy service
unit does not include space for sterile compounding. Addition of a pharmacy service unit in a
hospital requires submission of plans for board approval and inspection.
Section 11, Subsection D, simplify by replacing “inpatients
and outpatients” with “patients” and “inpatient” with “patient.” Subsection E, schedule III-V controlled
substance records must be kept separate or readily retrievable (rather than
just schedule IV). Subsection F, remove
reference to inpatient distribution records. Subsection J, remove requirement
for listing drugs in the policy and procedure manual, and correct grammar. Subsection M, allow designee for control of
security/access to automated pharmacy systems.
Subsection N, the contract will outline the services provided in
outsourcing of pharmaceutical services and be incorporated into the policy and
procedure manual. Records of
pharmaceuticals transferred will be kept.
Remove requirement for documentation of services provided.
Section 12, remove list of drug information
requirements. Required reference
materials are commensurate with scope of practice.
Section 13, administrative update.
Section 15, the addition of an in-house clinic will require
submission of plans to the board for approval and inspection prior to
authorization.
The purpose of these changes is to remove unnecessary
provisions, reduce administrative burden, correct grammar, and update
requirements and allowances consistent with contemporary standards.
STATUTORY AUTHORITY:
Paragraph (6) of Subsection (A) of Section 61-11-6 NMSA 1978 requires
that the Board of Pharmacy provide for the licensing of hospital pharmacies and
the drug rooms of hospitals and the inspection of their facilities and
activities.
https://www.rld.nm.gov/wp-content/uploads/2025/09/16.19.7-NMAC-Clean-Copy-Amend-Short-October-2025-hearing.pdf
16.19.9 NMAC - MINIMUM STANDARDS FOR MANUFACTURERS AND REPACKAGING FIRMS
Section 1, administrative updates.
Section 3, correct citation format.
Section 7, correct terms.
Section 8, minimum standards - Subsection A, change
conformance with required United States Pharmacopeia chapter from 1141 to 1197
(packaging, storage and distribution to risks and mitigation strategies for the
storage and transportation of finished drug products). Paragraph 4, administrative update. Subsection B, require equipment, accessories and space as necessary for
the manufacture of radiopharmaceuticals as specified by delineated
agencies. Remove list of minimum
equipment and accessory standards.
Section 9, licensure or registration, remove reference to
wholesale distributor, administrative update, delete paragraphs D-F and
re-letter accordingly.
Section 14, administrative update.
The purpose of the proposed changes is to update, correct,
remove unnecessary provisions, and minimize administrative burden
STATUTORY AUTHORITY:
Paragraph (6) of Subsection (A) of Section 61-11-6 NMSA 1978 directs the
Board of Pharmacy to provide for the licensing of drug manufacturers and for
the inspection of their facilities and activities. Subsection (A) of Section 61-11-6 NMSA 1978
authorizes the Board to enforce the provisions of all state laws pertaining to
the practice of pharmacy and the manufacture, production, sale or distribution
of drugs, cosmetics or poisons, including the New Mexico Drug, Device and
Cosmetic Act, Chapter 26, Article I NMSA 1978.
Pursuant to Section 26-1-18 of the Drug, Device and Cosmetic Act, the
Board is authorized to promulgate regulations for the efficient enforcement of
the Act.
https://www.rld.nm.gov/wp-content/uploads/2025/09/16.019.0009-Clean-Copy-Amend-Short-October-2025-hearing.pdf
16.19.18 NMAC – NUCLEAR PHARMACY
Section 1, administrative update
Section 7, remove requirement that qualified nuclear
pharmacist be currently certified as a Nuclear Pharmacist by the Board of
Pharmaceutical Specialties.
Section 9, a nuclear pharmacy
shall have the minimum equipment, accessories and space as necessary for the
manufacture of radiopharmaceuticals as specified by delineated agencies. Delete list of required equipment.
The purpose of the updates is to remove unnecessary
provisions and minimize administrative burden.
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. Paragraph (3) of Subsection (A) of Section
61-11-6 NMSA 1978 directs the Board to provide for the registration and annual
renewal of licenses of pharmacists.
Pursuant to Paragraph (6) of Subsection (A) of Section 61-11-6 NMSA
1978, the Board is authorized to provide for the licensing of retail
pharmacies, nonresident pharmacies and wholesale drug distributors and to
provide for the inspection of their facilities and activities.
https://www.rld.nm.gov/wp-content/uploads/2025/09/16.019.0018-Clean-Copy-Amend-Short-October-2025-hearing.pdf
16.19.36 NMAC - COMPOUNDED STERILE PREPARATIONS
Section 10, routine viable surface sample testing may be performed
onsite by appropriately trained personnel.
Section 16, compounding veterinary preparations, add allowance for
distribution of limited quantities of sterile compounded preparations for
office use under specified conditions.
The purpose of the changes is to allow trained personnel to perform
routine required sampling, and for availability of office use sterile
compounded veterinary preparation for certain circumstances, to improve timely
treatment access.
STATUTORY AUTHORITY: Paragraph
(6) of Subsection A of Section 61-11-6 NMSA 1978 authorizes the board of
pharmacy to provide for the licensing of all places where dangerous drugs are
stored, dispensed, distributed or administered and for the inspection of their
facilities and activities. Paragraph (7)
of Subsection A of 61-11-6 NMSA 1978 authorizes the board to enforce the
provisions of all laws of the state pertaining to the practice of pharmacy and
the manufacture, production, sale or distribution of drugs and their standards
of strength and purity.
https://www.rld.nm.gov/wp-content/uploads/2025/09/16.019.0036-clean-copy-amend-short-october-2025-hearing.pdf
Disciplinary Hearing(s):
There are no disciplinary hearings scheduled at time of
submission for publication.
If additional scheduling occurs, the final hearing date and
time for each case will be included in the agenda posted to the board’s website
at least 72 hours before the meeting.
Executive Director’s Report:
Published in NM Register:
September 23, 2025
Published in Albuquerque Journal: September 18, 2025