New Mexico § 26-1-3.2 - Prescription drug donation

§ 26-1-3.2. Prescription drug donation

A. As used in this section: (1) “ clinic ” means a facility licensed pursuant to Section 61-11-14 NMSA 1978 in which one or more licensed practitioners diagnose and treat patients and in which

drugs are stored, dispensed or administered for the diagnosis and treatment of the

facility's patients; provided that “clinic” does not include the privately owned

practice of a licensed practitioner or group of licensed practitioners exempt under Section 61-11-22 NMSA 1978; (2) “ donor ” means an individual who donates unused prescription drugs to a clinic or a participating

practitioner for the purpose of redistribution to established patients of that clinic

or practitioner; (3) “ participating practitioner ” means a licensed practitioner who is authorized to prescribe drugs and who registers

with the board, and is subject to rules promulgated by the board, to participate in

the collection of donated drugs, prescribed for use by established patients of that

practitioner and donated for the purpose of redistribution to established patients

of that practitioner; (4) “ recipient ” means an individual who voluntarily receives donated prescription drugs; and (5) “ tamper-evident ” means a device or process that makes unauthorized access to protected pharmaceutical

packaging easily detected. B. Unused prescription drugs may be donated to a clinic or a participating practitioner

and a clinic or a participating practitioner may accept and redistribute the donated

prescription drugs in accordance with rules promulgated by the board. C. The board shall promulgate rules to establish: (1) procedures to allow the donation and redistribution of certain prescription drugs,

including refrigerated drugs, that: (a) ensure that the redistribution process is consistent with public health and safety

standards; and (b) exclude controlled substances. (2) standards and procedures for accepting, storing, labeling and redistributing donated

prescription drugs; (3) standards and procedures for inspecting donated prescription drugs to determine

that the packaging is tamper-evident and that the donated prescription drugs are unadulterated,

safe and suitable for redistribution; (4) a form to be signed by the recipient specifying: (a) knowledge that the donor is not a pharmacist and took reasonable care of the donated

prescription drug; (b) knowledge that the donor is known to the clinic or the participating practitioner

and that there is no reason to believe that the donated prescription drug was improperly

handled or stored; (c) that any person who exercises reasonable care in donating, accepting or redistributing

pursuant to this section shall be immune from civil or criminal liability or professional

disciplinary action of any kind for any related injury, death or loss; and (d) that the immunity provided by this section shall not decrease or increase the

civil or criminal liability of a drug manufacturer, distributor or dispenser that

would have existed but for the donation; (5) a form to be signed by the donor verifying that: (a) the donated prescription drug has been properly stored and the container has not

been opened or tampered with; (b) the donated prescription drug has not been adulterated or misbranded; and (c) the donor is voluntarily donating the prescription drug; (6) a handling fee not to exceed twenty dollars ($20.00) that may be charged to the

recipient by the clinic or the participating practitioner to cover the costs of inspecting,

storing, labeling and redistributing the donated prescription drug; and (7) any other standards deemed necessary by the board. D. The board shall maintain and publish a current listing of clinics and participating

practitioners. E. Before redistributing donated prescription drugs, the clinic or the participating

practitioner shall: (1) comply with all applicable federal laws and the laws of the state that deal with

the inspection, storage, labeling and redistribution of donated prescription drugs;

and (2) examine the donated prescription drug to determine that it has not been adulterated

or misbranded and certify that the drug has been stored in compliance with the requirements

of the product label. F. Any person who exercises reasonable care in donating, accepting or redistributing

prescription drugs pursuant to this section shall be immune from civil or criminal

liability or professional disciplinary action of any kind for any related injury,

death or loss. G. The immunity provided by this section shall not decrease or increase the civil

or criminal liability of a drug manufacturer, distributor or dispenser that would

have existed but for the donation. H. A manufacturer shall not be liable for failure to transfer or communicate product

consumer information or the expiration date of the donated prescription drug pursuant

to this section. I. This section does not restrict the authority of an appropriate governmental agency

to regulate or ban the use of any prescription drugs.