New Mexico § 33-1-21 - Corrections department required to accept and redispense unused prescriptions; conditions of acceptance and redispensing
Full text of New Mexico New Mexico Statutes Annotated § 33-1-21 — Corrections department required to accept and redispense unused prescriptions; conditions of acceptance and redispensing, with citation guidance and answers to common questions.
§ 33-1-21. Corrections department required to accept and redispense unused prescriptions; conditions of acceptance and redispensing
A. A pharmacy operated by the corrections department or under contract with the department
shall accept for the purpose of redispensing a prescription drug that has been dispensed
and has left the control of the pharmacist if the prescription drug is being returned
by a corrections facility that has a registered professional nurse or a licensed practical
nurse who is responsible for the security, handling and administration of prescription
drugs within that corrections facility and if all of the following conditions are
met: (1) the pharmacist is satisfied that the conditions under which the prescription drug
has been delivered, stored and handled before and during its return were such as to
prevent damage, deterioration or contamination that would adversely affect the identity,
strength, quality, purity, stability, integrity or effectiveness of the prescription
drug; (2) the pharmacist is satisfied that the prescription drug did not leave the control
of the registered professional nurse or licensed practical nurse responsible for the
security, handling and administration of that prescription drug and that the prescription
drug did not come into the physical possession of the individual for whom it was prescribed; (3) the pharmacist is satisfied that the labeling and packaging of the prescription
drug are accurate, have not been altered, defaced or tampered with and include the
identity, strength, expiration date and lot number of the prescription drug; and (4) the prescription drug was dispensed in a unit-dose package or unit-of-issue package. B. A pharmacy operated by the corrections department or under contract with the department
shall not accept for return prescription drugs as provided pursuant to this section
until the pharmacist in charge develops a written set of protocols for accepting,
returning to stock, repackaging, labeling and redispensing prescription drugs. The written protocols shall be maintained on the premises of any pharmacy dispensing
prescriptions for the department and shall be readily accessible to each pharmacist
on duty. The written protocols shall include, at a minimum, each of the following: (1) methods for ensuring that damage, deterioration or contamination has not occurred
during the delivery, handling, storage or return of the prescription drugs such that
it would adversely affect the identity, strength, quality, purity, stability, integrity
or effectiveness of the prescription drugs or otherwise render the drugs unfit for
distribution; (2) methods for accepting, returning to stock, repackaging, labeling and redispensing
the prescription drugs returned pursuant to this section; and (3) a uniform system of recording and tracking prescription drugs that are returned
to stock, repackaged, labeled and redistributed pursuant to this section. C. If the condition of a prescription drug and its package meets the standards set
forth in Subsection B of this section, a prescription drug shall be returned to stock
and redistributed as follows: (1) a prescription drug that was originally dispensed in the manufacturer's unit-dose
package or unit-of-issue package that is returned in that same package may be returned
to stock, repackaged and redispensed as needed; and (2) a prescription drug that is repackaged into a unit-dose package or a unit-of-issue
package by the pharmacy, dispensed and returned to that pharmacy in that unit-dose
package or unit-of-issue package may be returned to stock, but it shall not be repackaged. A unit-dose package or unit-of-issue package prepared by the pharmacist and returned
to stock shall only be redispensed in that same unit-dose package or unit-of-issue
package and shall only be redispensed once. A pharmacist shall not add unit-dose package drugs to a partially used unit-of-issue
package. D. This section does not apply to any of the following: (1) a controlled substance; (2) a prescription drug that is dispensed as part of a customized patient medication
package; (3) a prescription drug that is not dispensed as a unit-dose package or a unit-of-issue
package; or (4) a prescription drug that is not properly labeled with the identity, strength,
lot number and expiration date. E. As used in this section: (1) “ customized patient medication package ” means a package that is prepared by a pharmacist for a specific patient and that
contains two or more prescribed solid oral dosage forms; (2) “ repackaging ” means the process by which the pharmacy prepares a prescription it accepts pursuant
to this section in a unit-dose package, unit-of-issue package or customized patient
medication package for immediate dispensing in accordance with a current prescription; (3) “ corrections facility ” means any facility or program controlled or operated by the state or any of its
agencies or departments and supported wholly or in part by state funds for the correctional
care of persons, including but not limited to: (a) the “penitentiary of New Mexico”, which consists of the penitentiary at Santa
Fe and other places in the state designated by the secretary of corrections; and (b) the parole board to the extent delegated by the Parole Board Act; (4) “ unit-dose package ” means a package that contains a single-dose drug with the name, strength, control
number and expiration date of that drug on the label; and (5) “ unit-of-issue package ” means a package that provides multiple doses of the same drug, but each drug is
individually separated and includes the name, lot number and expiration date of the
drug.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 33-1-21
What does New Mexico Statutes Annotated § 33-1-21 cover?
Section 33-1-21 ("Corrections department required to accept and redispense unused prescriptions; conditions of acceptance and redispensing") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 33-1-21?
A common citation format is "New Mexico Statutes Annotated § 33-1-21" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 33-1-21 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.