N.M. Stat. § 61-11-6 (2026)

   A. The board shall:

      (1)    promulgate rules in accordance with the provisions of the State Rules Act
[Chapter 14, Article 4 NMSA 1978] to carry out the provisions of the Pharmacy Act in
accordance with the provisions of the Uniform Licensing Act [Chapter 61, Article 1
NMSA 1978];

       (2)    provide for examinations of applicants for licensure as pharmacists;

       (3)    provide for the issuance and renewal of licenses for pharmacists;

      (4)     require and establish criteria for continuing education as a condition of
renewal of licensure for pharmacists;

       (5)     provide for the issuance and renewal of licenses for pharmacist interns
and for their training, supervision and discipline;

         (6)    provide for the licensing of retail pharmacies, nonresident pharmacies,
wholesale drug distributors, drug manufacturers, hospital pharmacies, nursing home
drug facilities, industrial and public health clinics and all places where dangerous drugs
are stored, distributed, dispensed or administered and provide for the inspection of the
facilities and activities;

      (7)     enforce the provisions of all laws of the state pertaining to the practice of
pharmacy and the manufacture, production, sale or distribution of drugs or cosmetics
and their standards of strength and purity;

       (8)    conduct hearings upon charges relating to the discipline of a registrant or
licensee or the denial, suspension or revocation of a registration or a license in
accordance with the Uniform Licensing Act;

      (9)    cause the prosecution of any person violating the Pharmacy Act, the New
Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978] or the
Controlled Substances Act [Chapter 30, Article 31 NMSA 1978];

       (10)   keep a record of all proceedings of the board;

       (11)   make an annual report to the governor;

       (12) appoint and employ, in the board's discretion, a qualified person who is
not a member of the board to serve as executive director and define the executive
director's duties and responsibilities; except that the power to deny, revoke or suspend
any license or registration authorized by the Pharmacy Act shall not be delegated by the
board;
       (13) appoint and employ inspectors necessary to enforce the provisions of all
acts under the administration of the board, which inspectors shall be pharmacists and
have all the powers and duties of peace officers;

       (14) provide for other qualified employees necessary to carry out the provisions
of the Pharmacy Act;

       (15) have the authority to employ a competent attorney to give advice and
counsel in regard to any matter connected with the duties of the board, to represent the
board in any legal proceedings and to aid in the enforcement of the laws in relation to
the pharmacy profession and to fix the compensation to be paid to the attorney;
provided, however, that the attorney shall be compensated from the money of the
board, including that provided for in Section 61-11-19 NMSA 1978;

     (16) register and regulate qualifications, training and permissible activities of
pharmacy technicians;

       (17) provide a registry of all persons licensed as pharmacists or pharmacist
interns in the state;

       (18) promulgate rules that prescribe the activities and duties of pharmacy
owners and pharmacists in the provision of pharmaceutical care, emergency
prescription dispensing, drug regimen review and patient counseling in each practice
setting;

       (19) promulgate, after approval by the New Mexico medical board and the
board of nursing, rules and protocols for the prescribing of dangerous drug therapy,
including vaccines and immunizations, and the appropriate notification of the primary or
appropriate physician of the person receiving the dangerous drug therapy; and

       (20)   have the authority to authorize emergency prescription dispensing.

   B. The board may:

      (1)     delegate its authority to the executive director to issue temporary licenses
as provided in Section 61-11-14 NMSA 1978;

       (2)    provide by rule for the electronic transmission of prescriptions; and

       (3)    delegate its authority to the executive director to authorize emergency
prescription dispensing procedures during civil or public health emergencies.

History: 1953 Comp., § 67-9-37, enacted by Laws 1969, ch. 29, § 5; 1972, ch. 84, § 55;
1977, ch. 62, § 1; 1979, ch. 293, § 1; 1983, ch. 165, § 1; 1992, ch. 19, § 2; 1997, ch.
131, § 6; 2001, ch. 50, § 4; 2005, ch. 152, § 5; 2022, ch. 39, § 45.
                                     ANNOTATIONS

The 2022 amendment, effective May 18, 2022, clarified that the board of pharmacy is
required to follow the provisions of the State Rules Act when promulgating rules; in
Subsection A, Paragraph A(1), deleted "adopt, amend or repeal rules and regulations
necessary" and added "promulgate rules in accordance with the provisions of the State
Rules Act", in Paragraph A(18), deleted "adopt" and added "promulgate", and after
"rules", deleted "and regulations", and in Paragraph A(19), deleted "adopt" and added
"promulgate"; and in Subsection B, Paragraph B(2), after "provide by", deleted
"regulation" and added "rule".

The 2005 amendment, effective June 17, 2005, provided in Subsection A(18) that the
board shall adopt rules and regulations concerning the provision of emergency
prescription dispensing; added Subsection A(20) to permit the board to authorize
emergency prescription dispensing; and added Subsection B(3) to permit the board to
delegate its authority to the executive director to authorize emergency prescription
dispensing procedures during emergencies.

The 2001 amendment, effective June 15, 2001, in Subsection A, deleted "annual"
preceding "renewal" in Paragraphs (4) and (5), and added Paragraph (19).

The 1997 amendment, effective June 20, 1997, rewrote Subsection A; redesignated
former Subsections B through H as Paragraphs A(2) through A(8), respectively; deleted
former Subsection I relating to minor violations of the Pharmacy Act; redesignated
former Subsections J through P as Paragraphs A(9) through A(15), respectively;
deleted former Subsection Q relating to rules and regulations regarding supportive
personnel; redesignated former Subsection R as Paragraph A(18); and added
Subsection B.

The 1992 amendment, effective May 20, 1992, substituted "nonresident pharmacies,
wholesale drug distributors" for "wholesale drug dealers" near the beginning of
Subsection F and inserted "or administered" near the end of that subsection; inserted
"Device" in Subsection J; added Subsections Q and R; and made minor stylistic
changes throughout the section.

Defendants did not meet the definition of "custodial care facilities," and therefore
did not require a pharmacy license. — Where the board of pharmacy notified
defendants, two community care homes that provide full-time care, supervision and
support to children, that they needed a pharmacy license to maintain their children,
youth and families department (CYFD) licenses, claiming that defendants were
considered "custodial care facilities" under the Pharmacy Act, §§ 61-11-1 through 61-
11-29 NMSA 1978, and where defendants responded that they were not required to
hold a pharmacy license because they were not "custodial care facilities," and where
defendants filed a complaint in district court seeking declaratory and injunctive relief to
prevent their licenses from being revoked, the district court did not abuse its discretion
in granting declaratory and injunctive relief in defendants' favor, because defendants did
not meet the definition of "custodial care facilities." Defendants' purpose is to provide
safe care for certain children, not medical or health care, and the children which
defendants care for are not placed there for health care purposes; defendants do not
retain nurses or doctors on staff, and do not provide the children with extended health
care or prescribe them medications. Defendants are not "custodial care facilities" as
contemplated by the Pharmacy Act, but are "community homes," as defined by CYFD
regulations, which are not required to obtain a pharmacy license to operate. N.M. Boys
& Girls Ranch v. N.M. Bd. of Pharmacy, 2022-NMCA-047, cert. denied.

Pharmacy board exceeded its regulatory authority by expanding the statutory
definition of "custodial care facility". — Where the board of pharmacy (board)
notified defendants, two community care homes that provide full-time care, supervision
and support to children, that they needed a pharmacy license to maintain their children,
youth and families department licenses, claiming that defendants were considered
"custodial care facilities" under the Pharmacy Act, §§ 61-11-1 through 61-11-29 NMSA
1978, and where defendants responded that they were not required to hold a pharmacy
license because they were not "custodial care facilities," and where defendants filed a
complaint in district court seeking declaratory and injunctive relief to prevent their
licenses from being revoked, the district court did not abuse its discretion in granting
declaratory and injunctive relief in defendants' favor, because the board acted outside
its statutory authority in defining "custodial care facility" by regulation in a manner that
excessively expanded upon the legislature's definition of "custodial care facility" in the
Pharmacy Act. The board's definition is therefore void. N.M. Boys & Girls Ranch v. N.M.
Bd. of Pharmacy, 2022-NMCA-047, cert. denied.

Board constitutional. — The board is well founded in the police power of the state and
cannot be attacked as being unconstitutional. 1960 Op. Att'y Gen. No. 60-126.

Constitutionality of regulating nonresident dealers. — This provision gives the
board power to license, regulate and impose a reasonable license fee on resident and
nonresident wholesale drug dealers and manufacturers distributing their products in the
state, and such action will not violate the United States constitution. 1971 Op. Att'y Gen.
No. 71-49.

Powers of board. — The board of pharmacy has power to make bylaws, rules and
regulations necessary for the protection of the public in the field of pharmacy and may
employ chemists, inspectors, agents and clerical administrative help for the proper
conduct of its business. 1953 Op. Att'y Gen. No. 53-5776.

Jurisdiction over hospital pharmacies. — The board of pharmacy exercises the
same powers over pharmacies or drug dispensaries operated by a hospital as it does
over any other drug store or pharmacy, etc., operated within the state. 1960 Op. Att'y
Gen. No. 60-126.

Presence of pharmacist. — Under broad grant of authority given the board for the
protection of public health and welfare, it may promulgate a regulation requiring that a
registered pharmacist must be on duty in a drug store from the opening hour of the drug
store until the closing hour. 1961 Op. Att'y Gen. No. 61-85.

Sharing office space. — The pharmaceutical association and the state board of
pharmacy could maintain offices under the same roof and within the same office space,
but they would be required to separate their expenditures for rent and clerical help.
1953 Op. Att'y Gen. No. 53-5776.

Inspector. — Inspector appointed under former law, in the performance of duties, was
empowered with all of the powers and duties of law enforcement officers of the state,
within which powers was the right to carry such weapons as the occasion appeared to
require. 1965 Op. Att'y Gen. No. 65-93.

An inspector has all of the authority granted to municipal, county and state law
enforcement officers, including the power to obtain search warrants in all cases
concerning the violation or violations of the pharmacy laws of the state of New Mexico.
1953 Op. Att'y Gen. No. 53-5865 (rendered under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drugs and Narcotics § 8 et
seq.