New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 19 - PHARMACISTS
Part 27 - DISHONORABLE CONDUCT
Section 16.19.27.7 - DEFINITIONS
Universal Citation: 16 NM Admin Code 16.19.27.7
Current through Register Vol. 35, No. 18, September 24, 2024
Dishonorable conduct by a pharmacist intern licensed pursuant to Section 61-11-6 NMSA 1978, or pharmacy technician registered pursuant to Section 61-11-6 NMSA 1978.
A. "Dishonorable conduct by a pharmacist intern or pharmacy technician" shall mean, among other things, but not to be limited to:
(1)
violation of any provision of the Pharmacy Act as determined by the
board;
(2) violation of the board
of pharmacy regulations as determined by the board;
(3) violation of the Drug and Cosmetic Act as
determined by the board;
(4)
violation of the Controlled Substances Act as determined by the
board;
(5) failure of the licensee
to conduct himself professionally in conformity with all applicable federal,
state and municipal laws and regulations to his relationship with the public
and other health professionals;
(6)
acquiring prescription stock from unlicensed sources;
(7) failure to hold on the strictest
confidence all knowledge patrons, their prescriptions and other confidence
entrusted or acquired of by him; divulging in the interest of the patron only
by proper forms or where required for proper compliance with legal
authorities;
(8) participation in a
plan or agreement which compromises the quality or extent of professional
services, or facilities at the expense of public health or welfare;
(9) the solicitation of prescription business
by providing prescribers with prescription blanks with the name of any licensed
pharmacy or pharmacist printed thereon;
(10) the solicitation of prescription
business by providing a prescriber with pre-selected medication on a
prescription blank. This does not apply to:
(a) the inpatient, or institutional setting
(i.e. long term care or correctional facility) by an in-house or contracted
pharmacy; or
(b) a request for
therapeutic interchange of a medication prescribed for the patient;
(11) the solicitation of a
prescription whereby the initial prescription request was not initiated by the
patient or practitioner. This does not apply to a request for therapeutic
interchange of a medication prescribed for the patient;
(12) failure to report an impaired licensee
in compliance with Subparagraph (a) of Paragraph (1) of Subsection C of
16.9.4.12 NMAC;
(13) conviction, plea of nolo contendere, or
entering into any other legal agreements for any violation of the Pharmacy Act,
Controlled Substances Act, Drug Device and Cosmetic Act or any similar act of
another state or territory of the United States;
(14) suspension, revocation, denial, or
forfeiture of license to practice or similar disciplinary action by a licensing
agency of another state or territory of the United States.
(15) Disqualifying criminal conviction:
"Conviction" means either a plea of guilty or nolo contendere, or any other
full adjudication on the merits by a court of competent jurisdiction, including
but not limited to a trial. A copy of the record of conviction certified by the
clerk of the court entering the conviction is conclusive evidence.
(a) A felony conviction for any of the
following offenses, or their equivalents in any other jurisdiction, are
disqualifying criminal convictions that may result in suspension of a license
or registration, or disqualify a licensee or applicant from receiving or
retaining a license or registration issued by the board.
(i) Section
30-2-1 NMSA 1978
"Murder";
(ii) Sections
30-9-1 and
30-9-11 to
30-9-13 NMSA 1978 Criminal sexual
offenses, including of a minor and enticement of a child;
(iii) Sections
30-37-2 to
30-37-3.3 NMSA 1978, Sexually
oriented material harmful to minors, including child solicitation by electronic
communication device and criminal sexual communication with a child;
(iv) Sections
30-6A-3 to
30-6A-4 NMSA 1978, Sexual
exploitation of children, including prostitution;
(v) Section
30-16-2 NMSA 1978
"Robbery";
(vi) Section
30-16-6 NMSA 1978
"Fraud";
(vii) Section Section
30-16-8 NMSA 1978
"Embezzlement";
(viii) Section
30-16-9 NMSA 1978
"Extortion";
(ix) Section
30-16-10 NMSA 1978
"Forgery";
(x) Section
30-16-11 NMSA 1978 "Receiving
stolen property";
(xi) Section
30-16-24.1 NMSA 1978 "Theft of
identity; obtaining identity by electronic fraud";
(xii) Section
30-16-30 NMSA 1978 "Dealing in
credit cards of another";
(xiii)
Section 30-16-31 NMSA 1978 "Forgery of a
credit card";
(xiv) Section
30-16-33 NMSA 1978 "Fraudulent use
of a credit card";
(xv) Section
30-28-3 NMSA 1978 "Criminal
solicitation";
(xvi) Section
30-42-4 NMSA 1978 "Engaging in a
pattern of racketeering activity";
(xvii) Sections
30-44-4 to
30-44-7 NMSA 1978, Offenses
related to Medicaid Fraud;
(xviii)
Sections 30-47-4 to
30-47-6 Abuse or neglect of a care
facility resident, exploitation of a care facility resident's
property;
(xix) Section
30-51-4 NMSA 1978 "Money
laundering";
(xx) Section
30-52-1 NMSA 1978 "Human
trafficking";
(xxi) Section
24-26-12 NMSA 1978 "Intentionally
hampering, obstructing, tampering with or destroying a monitoring device or a
recording made by a monitoring device installed in a facility pursuant to the
Patient Care Monitoring Act" (Sections
24-26-1 to
24-26-12 NMSA 1978);
(xxii) Section
27-5-12 NMSA 1978, Making false
statement in claim for payment under Indigent Hospital and County Health Care
Act (Chapter 27, Article 5);
(xxiii) Section
66-8-102 NMSA 1978 "Fourth or
subsequent conviction for driving under the influence of intoxicating liquor or
drugs"
(b) Unless
otherwise specified by law, the board shall not consider a criminal conviction
as part of an application for licensure or registration unless the conviction
in question is one of the disqualifying criminal convictions listed in
Paragraph 15 of Subsection A of this section
16.19.27.7 NMAC. Any decision by
the board to take action against an applicant or licensee (including a
registrant) on the basis of a disqualifying criminal conviction shall occur in
conformance with the Uniform Licensing Act (Chapter 61, Article 1 NMSA
1978).
(c) Nothing in this section
prevents the board from denying an application or disciplining a licensee
(including a registrant) on the basis of the licensee or applicant's conduct to
the extent that such conduct violated the Pharmacy Act (Chapter 61, Article 11
NMSA 1978), the Drug Device and Cosmetic Act (Chapter 26, Article 1 NMSA 1978),
the Controlled Substances Act (Chapter 30, Article 31 NMSA 1978), the Imitation
Controlled Substances Act (Chapter 30, Article 31A NMSA 1978), or the Drug
Precursor Act (Chapter 30, Article 31B NMSA 1978), or similar act of another
state or of the United States, or pursuant to the Impaired Health Care Provider
Act (Chapter 61, Article 7 NMSA 1978), or the Impaired Pharmacists Act (Chapter
61, Article 11 NMSA 1978), regardless of whether the individual was convicted
of a crime for such conduct or whether the crime for which the individual was
convicted is listed as one of the disqualifying criminal convictions listed in
Subsection A of this rule. Proceedings shall occur in conformance with the
Uniform Licensing Act (Chapter 61, Article 1 NMSA 1978).
(d) Notwithstanding Subparagraph (c) of this
Section, in connection with an application for licensure or registration, the
board shall not use, distribute, disseminate, or admit into evidence at an
adjudicatory proceeding criminal records of any of the following:
(i) an arrest not followed by a valid
conviction;
(ii) a conviction that
has been sealed, dismissed, expunged or pardoned;
(iii) a juvenile adjudication; or
(iv) a conviction for any crime other than
the disqualifying criminal convictions listed in this section.
B. "Dishonorable conduct by a facility (business)" shall mean but not to be limited to:
(1) violation of any
provision of the Pharmacy Act as determined by the board;
(2) violation of the board of pharmacy
regulations as determined by the board;
(3) violation of the Drug and Cosmetic Act as
determined by the board;
(4)
violation of the Controlled Substances Act as determined by the
board;
(5) failure of the licensee
to conduct himself professionally in conformity with all applicable federal,
state and municipal laws and regulations to his relationship with the public
and other health professionals;
(6)
acquiring prescription stock from unlicensed sources;
(7) failure to hold on the strictest
confidence all knowledge concerning patrons, their prescriptions and other
confidence entrusted or acquired of by him; divulging in the interest of the
patron only by proper forms, or where required for proper compliance with legal
authorities;
(8) participation in a
plan or agreement which compromises the quality or extent of professional
services, or facilities at the expense of public health or welfare;
(9) the solicitation of prescription business
by providing prescribers with prescription blanks with the name of any licensed
pharmacy or pharmacist printed thereon;
(10) the solicitation of prescription
business by providing a prescriber with pre-selected medication on a
prescription blank. This does not apply to:
(a) the inpatient, or institutional setting
(i.e. long term care or correctional facility) by an in-house or contracted
pharmacy; or
(b) a request for
therapeutic interchange of a medication prescribed for the patient;
(11) the solicitation of a
prescription whereby the initial prescription request was not initiated by the
patient or practitioner. This does not apply to a request for therapeutic
interchange of a medication prescribed for the patient;
(12) failure to report an impaired licensee
in compliance with Subparagraph (a) of Paragraph (1) of Subsection C of
16.9.4.12 NMAC;
(13) conviction, plea of nolo contendere, or
entering into any other legal agreements for any violation of the Pharmacy Act,
Controlled Substance Act, Drug Device and Cosmetic Act or any similar act of
another state or territory of the United States;
(14) suspension, revocation, denial or
forfeiture of license to practice or similar disciplinary action by a licensing
agency of another state or territory of the United States;
(15) failure to correct written deficiencies,
documented by drug inspectors during routine inspections;
(16) failure of the business owner or
authorized representative to sign the annual self-assessment conducted by the
pharmacist-in-charge (see 16.19.6.9.8
NMAC);
(17) when an error occurs
and a patient is harmed, failure of the business owner or authorized
representative to provide an appropriate environment (staffing and physical
environment) that can provide pharmaceutical care in a way that does not
endanger the public;
(18) failure
to provide a work environment that allows a pharmacist and pharmacist intern to
adequately perform duties requiring professional judgment, and for a pharmacist
to fulfill duties as enumerated in
16.19.4.16 NMAC and all other
duties and responsibilities of a pharmacist as listed in the rules of the
board. In determining whether a work environment is appropriate, the board may
consider factors including workload (e.g. sufficiency of staffing to prevent
fatigue, distraction, or other conditions that interfere with a pharmacist's
ability to complete required duties);
(19) introducing or enforcing external
factors, such as productivity or production quotas or other programs against
pharmacists, pharmacist interns or pharmacy technicians, to the extent that
they interfere with the ability of those individuals to provide appropriate
professional services to the public.
(20) retaliation against a pharmacy employee
for reporting or filing a complaint regarding violation of board requirements
that the business has the authority to correct. Violation of board requirements
includes unreasonable workload, such that pharmacy employee(s) are not able to
adequately fulfill duties and responsibilities as outlined in board
administered rules and statutes
(21) having a policy or procedure which
hinders the apprehension and/or prosecution of individuals who the pharmacist
or pharmacist intern after reasonable inquiry suspect of prescription forgery,
alteration, fraud, misrepresentation or a prescription transaction which is not
otherwise in accordance with the law;
(22) failure to adhere to the written policy
and procedures established by the pharmacist-in-charge.
C. "Pharmaceutical care" means the provision of drug therapy and other patient care services related to drug therapy intended to achieve definite outcomes that improve a patient's quality of life, including identifying potential and actual drug-related problems, resolving actual drug-related problems and preventing potential drug-related problems. (Subsection V of Section 61-11-2 NMSA 1978)
D. "Dispensing error" means a prescription that was dispensed from the pharmacy differently from what was prescribed.
E. "Harm" means temporary or permanent impairment of the physical, emotional or psychological function or structure of the body and/or pain resulting there from requiring intervention.
F. "Patient counseling" means the oral communication by the pharmacist of information to a patient or his agent or caregiver regarding proper use of a drug or a device. (Subsection T of Section 61-11-2 NMSA 1978).
G. "Physical environment" means the facility layout design, fixtures, and surroundings that affect lighting levels, sound levels, temperature, interruptions, and distractions.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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