New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 19 - PHARMACISTS
Part 35 - DRUG WAREHOUSE
Section 16.19.35.17 - MINIMUM QUALIFICATIONS
Universal Citation: 16 NM Admin Code 16.19.35.17
Current through Register Vol. 35, No. 18, September 24, 2024
A. The board shall consider, at a minimum, the following factors in reviewing the qualifications of persons who engage in warehousing of prescription drugs within the state:
(1) any conviction of the
applicant under any federal, state or local laws relating to drug samples,
wholesale or retail drug distribution, or distribution of controlled
substances;
(2) any felony
convictions of the applicant under federal, state or local law;
(3) the applicant's past experience in the
distribution of prescription drugs, including controlled substances;
(4) the furnishing by the applicant of false
or fraudulent material in any application made in connection with prescription
drug manufacturing or prescription drug distribution;
(5) suspension or revocation by federal,
state, or local government of any license currently or previously held by the
applicant for the manufacture or distribution of any drugs, including
controlled substances;
(6)
compliance with licensing requirements under previously granted licenses, if
any;
(7) compliance with
requirements to maintain or make available to the board or to federal, state,
or local law enforcement officials those records required under this section;
and
(8) any findings by the board
that the applicant has violated or been disciplined by a regulatory agency in
any state for violating and federal, state, or local laws relating to drug or
device wholesale distribution;
(9)
any other factors or qualifications the board considers relevant to and
consistent with the public health and safety.
B. The board shall have the right to deny a license to an applicant if it determines that the granting of such a license would not be in the public interest. Public interest considerations shall be based upon factors and qualifications that are directly related to the protection of the public health and safety.
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