NOTICE OF REGULAR
BOARD MEETING AND RULE HEARING
The New Mexico Board of Pharmacy will convene on January 15th
and 16th, 2026 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
January 15th, 2026, 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.
16.19.4 NMAC – PHARMACIST
Section 11, Subsection B, streamline and clarify provision
for return to pharmacy stock of dispensed patient medication packages from
institutional settings. Subsection D, update
allowance for stock dangerous drugs in custodial care facilities – remove
reference to advisory committee on immunization practices, add epinephrine
nasal spray as allowable dosage form, and add provision for authorized
dangerous drugs for medically monitored withdrawal management pursuant to
(16.19.11.9 NMAC, a pending rule update).
Subsection E, streamline provision for repackaging, relabeling and reuse
of prescription drugs in correctional facilities.
The purpose of the proposed amendments is to facilitate
compliance through clear and streamlined requirements and align stock
medication availability allowances with current standards and upcoming rule
changes.
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.
https://www.rld.nm.gov/wp-content/uploads/2025/11/pharm-16.019.0004-Jan-2026-short.pdf
16.19.26 NMAC - PHARMACIST PRESCRIPTIVE AUTHORITY
Section 3, remove reference to pharmacist prescriptive
authority act in context of pharmacist clinician regulations, which are not
applicable to the subject part.
Section 7, administrative update.
Section 9, remove reference to centers for disease control
(CDC) guidelines. Sections 9 and 10, decrease
required continuing education (CE) from two to one hour and allow the hour to
count toward CE requirements for pharmacist license renewal.
Section 11, require CE appropriate
to maintain competence (rather than as specified by the CDC).
Section 12, replace naloxone with opioid antagonist
throughout. Decrease required CE from
two hours live to one hour (not live), which may count toward CE requirements
for pharmacist license renewal.
Section 13, decrease required CE from two to one, and CE
may count toward requirements for pharmacist license renewal.
Section 14, CE may count toward requirements for pharmacist
license renewal and point of care testing categories are as determined by the
board.
The purpose of the proposed changes is to minimize
administrative burden and barriers while supporting competence and continuing
education relevancy to promote availability of these services for patients.
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 (7) of
Subsection A of Section 61-11-6 NMSA 1978 gives the board authority to enforce
the provisions of all laws of the state pertaining to the distribution of
drugs. Paragraph (19) of Subsection A of
Section 61-11-6 NMSA 1978 authorizes the board to adopt rules and protocols for
the prescribing of dangerous drug therapy.
https://www.rld.nm.gov/wp-content/uploads/2025/11/pharm-16.019.0026-Jan-2026.pdf
16.19.34 NMAC – PRESCRIPTION DRUG DONATIONS
Sections 1 through 13, repeal and replace.
The purpose of the repeal and replace is pursuant to
statutory mandate for establishment of rules for the safe redistribution of
unused prescription drugs.
STATUTORY AUTHORITY: Section 26-1-3.2 of the New Mexico Drug,
Device and Cosmetic Act mandates the Board of Pharmacy to establish rules for
the safe redistribution of unused prescription drugs.
https://www.rld.nm.gov/wp-content/uploads/2025/11/pharm-16.19.34-Jan-2026-repeal-replace.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: December
9, 2025
Published in Albuquerque Journal: December
9, 2025