New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 19 - PHARMACISTS
Part 33 - TELE-PHARMACY AND REMOTE DISPENSING
Section 16.19.33.7 - DEFINITIONS

A. "Board" means the New Mexico board of pharmacy.

B. "Electronic link" means a real time, continuous HIPAA-compliant computer video and audio link between the hub pharmacy and the remote tele-pharmacy during all hours of the remote tele-pharmacy's operation and in compliance with Paragraph (4) of Subsection A of 16.19.33.9 NMAC.

C. "Indirect supervision" means continuous supervision through a constant live video link with not less than four camera views which provide for real time live monitoring by the hub pharmacy of the remote tele-pharmacy which is recorded for a minimum of 90 days. This indirect supervision must be in compliance with Subsection B of 16.19.22.7 NMAC.

D. "Patient-pharmacist audio visual link" means a real time HIPAA-compliant audio visual link from the private patient counseling area of the remote tele-pharmacy to the pharmacist at the hub pharmacy.

E. "Hub pharmacy" means a board licensed pharmacy located in New Mexico operating under the direct control of a board registered pharmacist from which computer-aided pharmacist supervision of a remote tele-pharmacy occurs.

F. "Hub pharmacist" means a board registered pharmacist who provides the indirect supervision of a remote tele-pharmacy via HIPAA-compliant electronic link that includes provisions for visual observations and inspection of the inside of the remote tele-pharmacy and all prescription orders prior to dispensing and is in compliance with Subsection B of 16.19.22.7 NMAC. This oversight is to include visual inspection of and patient consultation for any prescription order dispensed from the remote tele-pharmacy.

G. "Pharmacist-in-charge" means the pharmacist for the hub pharmacy from which the hub pharmacist oversees the day to day operation of a remote tele-pharmacy and who shall comply with 16.19.6.9 NMAC.

H. "Pharmacist site visits" means the visitation and inspection of the tele-pharmacy by the hub pharmacist by which the hub pharmacist is physically present to assess the remote tele-pharmacy's compliance with all laws and regulations.

I. "Remote dispensing site" means a pharmacy location primarily staffed by technicians and remote dispensing technology electronic link and indirect supervision with required pharmacist supervision and pharmacist site visits.

J. "Remote tele-pharmacy" means a board licensed pharmacy located in the state of New Mexico staffed by a remote tele-pharmacy technician who practices under the direct, computer aided and supervision of a hub pharmacist working from the hub pharmacy by electronic link during all hours of operation.

K. "Remote tele-pharmacy technician" means a board registered pharmacy technician employed by the hub pharmacy, with a minimum of 2,000 hours of experience working as a certified registered pharmacy technician who under the computer aided supervision of an off-site pharmacist, handles the day to day operation of a remote tele-pharmacy, including the preparation and dispensing of prescription drugs.

L. "Practice of tele-pharmacy" means the provision of pharmacist care by board licensed pharmacies and board licensed pharmacists through the use of telecommunications or other technologies to patients or their agents at a remote tele-pharmacy site.