N.M. Admin. Code § 16.19.29.7

Current through Register Vol. 35, No. 20, October 22, 2024

Section 16.19.29.7 - DEFINITIONS

A."Audit trail information" means any query based information resulting from an authorized prescription monitoring program user's request for a prescription monitoring program report, which could include the user's name, date and time of the query or other related information.

B."Board" means the New Mexico board of pharmacy, herein referred to as the board.

C."Controlled substance" has the meaning given such term in Section 30-31-2 NMSA 1978.

D."Delegate" means an individual authorized as an agent of a practitioner or pharmacist for the purpose of obtaining data from the PMP for review by the practitioner or pharmacist. The delegate must report directly to said practitioner or pharmacist and the practitioner or pharmacist shall be accountable for the delegate's actions:

(1) a pharmacist's delegate must be a certified pharmacy technician or a registered intern;

(2) a pharmacy technician or pharmacist intern may access information to the extent the information relates specifically to a current patient to whom the pharmacist is dispensing or considering dispensing any controlled substance or drug(s) of concern, or for the purposes of a pharmacist providing pharmaceutical care as defined in law.

E."Dispenser" means the person who delivers a schedule II - V controlled substance or drug(s) of concern to the ultimate user, but does not include the following:

(1) a licensed hospital pharmacy that distributes such substances for the purpose of inpatient hospital care;

(2) a practitioner, or other authorized person who administers such a substance; or

(3) a practitioner who dispenses to the patient no more than 12 dosage units or 72 hours' worth (whichever is less) of such a substance or;

(4) a wholesale distributor of a schedule II - V controlled substance or drug(s) of concern;

(5) clinics, urgent care or emergency departments dispensing to the patient no more than 12 dosage units or 72 hours' worth (whichever is less) of such a substance or;

(6) a veterinarians or veterinary clinics dispensing to non-human patients.

F. "Drug of concern" means a non-controlled dangerous drug that the Board has by rule determined to require dispenser PMP reporting of in the same manner as controlled substance prescription dispensing, when required reporting is expected to protect patients due to interaction of the drug of concern with controlled substances or other compelling issue. Gabapentin is a drug of concern, except when dispensed pursuant to a prescription issued by a veterinarian.

G."Patient" means the ultimate user of a drug for whom a prescription is issued and for whom a drug is dispensed.

H."Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or any legal or commercial entity.

I."PMP director" means the individual authorized by the board to administer the prescription monitoring program (PMP).

J."PMP report" means a compilation of data generated from the PMP concerning a patient, a dispenser, a practitioner, or a schedule II - V controlled substance or drug(s) of concern.

K."Practitioner" means a person maintaining licensure pursuant to state law that allows him or her to prescribe controlled substance medications in accordance with that licensure.

L."Prescription monitoring program" (PMP) means a program as described in 16.19.29.6 NMAC which includes a centralized system to collect, monitor, and analyze electronically, for schedules II - V controlled substances and drug(s) of concern, prescribing and dispensing data submitted by dispensers of which the data is to be used to support efforts in education, research, enforcement and abuse prevention.

M."Schedule II - V controlled substance" means a substance listed in schedules II, III, IV, and V as set forth in the Controlled Substance Act, Sections 30-31-5 through 30-31-10 NMSA 1978 or the federal Controlled Substances Regulation (21 U.S.C. 812).

N."State" means the state of New Mexico.

N.M. Admin. Code § 16.19.29.7

16.19.29.7 NMAC - N, 07-15-04; A, 06-11-11; A, 08-31-12, Amended by New Mexico Register, Volume XXV, Issue 19, October 15, 2014, eff. 10/24/2014, Amended by New Mexico Register, Volume XXVI, Issue 05, March 16, 2015, eff. 3/22/2015, Amended by New Mexico Register, Volume XXVII, Issue 21, November 15, 2016, eff. 11/27/2016, Amended by New Mexico Register, Volume XXIX, Issue 18, September 25, 2018, eff. 9/25/2018, Amended by New Mexico Register, Volume XXXIV, Issue 04, February 28, 2023, eff. 2/28/2023, Amended by New Mexico Register, Volume XXXIV, Issue 19, October 10, 2023, eff. 10/10/2023