TITLE
16 OCCUPATIONAL AND
PROFESSIONAL LICENSING
CHAPTER
19 PHARMACISTS
PART
23 PARENTAL RESPONSIBILITY
ACT COMPLIANCE
16.19.23.1 ISSUING AGENCY: Regulation and Licensing Department Board of Pharmacy, 1650 University Blvd, NE
- Ste. 400B, Albuquerque, NM 87102, (505) 841-9102.
[10-14-95;
16.19.23.1 NMAC - Rn, 16 NMAC 19.23.1, 03-30-02]
16.19.23.2 SCOPE: All licensed pharmacists and pharmacist
applicants subject to licensure by the Board of Pharmacy.
[10-14-95; 16.19.23.2
NMAC - Rn, 16 NMAC 19.23.2, 03-30-02]
16.19.23.3 STATUTORY AUTHORITY: Section 61-11-6.A(1) Pharmacy Act directs the
State Board of Pharmacy to adopt, regularly review and revise rules and
regulations necessary to carry out the provisions of the Pharmacy Act after
hearings open to the public. The Board adopts this Part pursuant to the
Parental Responsibility Act (Ch. 25, Laws of 1995), which requires all
professional licensing boards to promulgate rules and regulations to implement
the Parental Responsibility Act.
[10-14-95,
A, 04-30-98; 16.19.23.3 NMAC - Rn, 16 NMAC 19.23.3, 03-30-02]
16.19.23.4 DURATION: Permanent
[10-14-95;
16.19.23.4 NMAC - Rn, 16 NMAC 19.23.4, 03-30-02]
16.19.23.5 EFFECTIVE DATE: October 14, 1995, unless a later date is
cited at the end of a Section or Paragraph.
[10-14-95,
A, 04-30-98; 16.19.23.5 NMAC - Rn, 16 NMAC 19.23.5, 03-30-02]
16.19.23.6 OBJECTIVE: The objective of Part 24 of Chapter 19 is to
ensure that pharmacists licensed by, and applicants for pharmacist licensure
from, the Board of Pharmacy comply with the Parental Responsibility Act (Ch.
25, Laws of 1995)
[10-14-95;
16.19.23.6 NMAC - Rn, 16 NMAC 19.23.6, 03-30-02]
16.19.23.7 DEFINITIONS:
A. HSD means the New Mexico Human Services Department;
B. Statement of Compliance means a certified statement from
HSD stating that an applicant or licensee is in compliance with a judgment and
order for support; and
C. Statement of Non-compliance means a certified statement
from HSD stating that an applicant or licensee is not in compliance with a
judgment and order for support.
[10-14-95;
16.19.23.7 NMAC - Rn, 16 NMAC 19.23.7, 03-30-02]
16.19.23.8 DISCIPLINARY ACTION: If an applicant or licensee is not in
compliance with a judgment and order for support, the Board:
A. shall deny an application for a license;
B. shall deny the renewal of a license; and
C. has grounds for suspension or revocation of the license.
[10-14-95;
16.19.23.8 NMAC - Rn, 16 NMAC 19.23.8, 03-30-02]
16.19.23.9 CERTIFIED LIST: Upon receipt of HSDs certified list of obligors
not in compliance with a judgment and order for support, the Board shall match
the certified list against the current list of Board licensees and applicants.
Upon the later receipt of an application for license or renewal, the Board
shall match the applicant against the current certified list. By the end of the
month in which the certified list is received, the Board shall report to HSD
the names of Board applicants and licensees who are on the certified list and
the action the Board has taken in connection with such applicants and
licensees.
[10-14-95;
16.19.23.9 NMAC - Rn, 16 NMAC 19.23.9, 03-30-02]
16.19.23.10 INITIAL ACTION: Upon determination that an applicant or
licensee appears on the certified list, the Board shall commence a formal
proceeding under section 13 to take the appropriate action under section 9; or
for current licensees only, informally notify the licensee that the licensees
name is on the certified list, and that the licensee must provide the Board
with a subsequent Statement of Compliance from HSD by the earlier of the
application for license renewal or a specified date not to exceed sixty days.
If the licensee fails to provide this statement, the Board shall commence a
formal proceeding under section 14.
[10-14-95;
16.19.23.10 NMAC - Rn, 16 NMAC 19.23.10, 03-30-02]
16.19.23.11 NOTICE OF CONTEMPLATED ACTION: Prior to taking any action specified in
section 9, the Board shall serve upon the applicant or licensee a written
notice stating that the Board has grounds to take such action, and that the
Board shall take such action unless the licensee or applicant mails a letter
(certified mail return receipt requested) within twenty (20) days after service
of the notice requesting a hearing; or provides the Board, within thirty (30)
days of the date of the notice, with a Statement of Compliance from HSD; and if
the applicant or licensee disagrees with the determination of non-compliance,
or wishes to come into compliance, the applicant or licensee should contact the
HSD Child Support Enforcement Division.
[10-14-95; 16.19.23.11
NMAC - Rn, 16 NMAC 19.23.11, 03-30-02]
16.19.23.12 EVIDENCE AND PROOF: In a hearing under this Section, relevant
evidence is limited to the following:
A. A
Statement of Non-compliance is conclusive evidence that requires the Board to
take the appropriate action under section 11 of this part, unless
B. The
applicant or licensee provides the board with a subsequent Statement of
Compliance which shall preclude the Board from taking any action under this
Part.
[10-14-95; 16.19.23.12
NMAC - Rn, 16 NMAC 19.23.12, 03-30-02]
16.19.23.13 ORDER: When a disciplinary action is taken under
this Part solely because the applicant or licensee is not in compliance with a
judgment and order for support, the order shall state that the application or
license shall be reinstated upon presentation of a subsequent Statement of
Compliance. The Board may also include any other conditions necessary to comply
with Board requirements for reapplications or reinstatement of lapsed licenses.
[10-14-95;
16.19.23.13 NMAC - Rn, 16 NMAC 19.23.13, 03-30-02]
16.19.23.14 PROCEDURES: Proceedings under this Part shall be
governed by the Uniform Licensing Act, Section 61-1-1, et seq.
[10-14-95;
16.19.23.14 NMAC - Rn, 16 NMAC 19.23.14, 03-30-02]
HISTORY
OF 16.19.23 NMAC:
Pre
NMAC History: none
History
of Repealed Material: [RESERVED]
Other
History: 16 NMAC 19.23, Pharmacists -
Parental Responsibility Act Compliance, filed 09-22-95, reformatted and
renumbered to 16.19.23 NMAC, Parental Responsibility Act Compliance, effective
03-30-2002.