NM
New Mexico Senate Bill SB122

New Mexico 2025 Regular Session

New Mexico Senate Bill SB122 Compare Versions

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1-SB 122
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28+SENATE BILL 122
29+57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
30+INTRODUCED BY
31+Elizabeth "Liz" Stefanics and Joanne J. Ferrary
32+and Martin Hickey
33+FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
2834 AN ACT
29-RELATING TO PRESCRIPTION DRUGS; EXPANDING THE PRESCRIPTION
30-DRUG DONATION PROGRAM TO ALLOW MORE DONORS AND RECIPIENTS TO
35+RELATING TO PRESCRIPTION DRUGS; EXPANDING THE PRESCRIPTION DRUG
36+DONATION PROGRAM TO ALLOW MORE DONORS AND RECIPIENTS TO
3137 PARTICIPATE IN THE DONATION, COLLECTION AND REDISTRIBUTION OF
3238 UNUSED PRESCRIPTION DRUGS.
3339 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3440 SECTION 1. Section 26-1-3.2 NMSA 1978 (being Laws 2011,
3541 Chapter 119, Section 1) is amended to read:
3642 "26-1-3.2. PRESCRIPTION DRUG DONATION.--
3743 A. As used in this section:
38-(1) "donor" means a person who donates
39-unused prescription drugs to an eligible recipient for the
40-purpose of redistribution to patients;
41-(2) "eligible recipient" means a person who
42-registers with the board to participate in the collection of
43-donated drugs and is:
44-(a) licensed pursuant to
45-Section 61-11-14 NMSA 1978 to receive and distribute
46-prescription drugs;
47-(b) a health care facility licensed by
48-the health care authority pursuant to the Health Care Code;
49-or
50-(c) a practitioner licensed to
51-prescribe prescription drugs; SB 122
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44+[(1) "clinic" means a facility licensed
45+pursuant to Section 61-11-14 NMSA 1978 in which one or more
46+licensed practitioners diagnose and treat patients and in which
47+drugs are stored, dispensed or administered for the diagnosis
48+and treatment of the facility's patients; provided that
49+.229077.3 underscored material = new
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78-(3) "patient" means an individual who
79-voluntarily receives donated prescription drugs; and
80-(4) "tamper-evident" means a device or
81-process that makes unauthorized access to protected
82-pharmaceutical packaging easily detected.
83-B. The board shall adopt and promulgate rules for
84-the donation of unused prescription drugs. Any person,
85-including persons from other states, may donate unexpired and
86-unused prescription drugs to an eligible recipient, and an
87-eligible recipient may accept and redistribute the donated
88-prescription drugs in accordance with rules promulgated
89-by the board. Donated prescription drugs shall only be
90-redistributed to a patient if the drugs will not expire
91-before the patient is able to completely use the drugs, based
92-on the directions for use given by the patient's prescribing
93-health care professional.
94-C. The board shall promulgate rules to establish:
95-(1) procedures to allow the donation and
96-redistribution of certain prescription drugs, including
97-refrigerated drugs, that:
98-(a) ensure that the redistribution
99-process is consistent with public health and safety
100-standards;
101-(b) exclude controlled substances; and
102-(c) allow in-state and out-of-state SB 122
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76+"clinic" does not include the privately owned practice of a
77+licensed practitioner or group of licensed practitioners exempt
78+under Section 61-11-22 NMSA 1978;
79+(2)] (1) "donor" means [an individual ] a
80+person who donates unused prescription drugs to [a clinic or a
81+participating practitioner for the purpose of redistribution to
82+established patients of that clinic or practitioner;
83+(3) "participating practitioner" means a
84+licensed practitioner who is authorized to prescribe drugs and
85+who registers with the board, and is subject to rules
86+promulgated by the board, to participate in the collection of
87+donated drugs, prescribed for use by established patients of
88+that practitioner and donated for the purpose of redistribution
89+to established patients of that practitioner ] an eligible
90+recipient for the purpose of redistribution to patients;
91+(2) "eligible recipient" means a person who
92+registers with the board to participate in the collection of
93+donated drugs and is:
94+(a) licensed pursuant to Section
95+61-11-14 NMSA 1978 to receive and distribute prescription
96+drugs;
97+(b) a health care facility licensed by
98+the health care authority pursuant to the Health Care Code; or
99+(c) a practitioner licensed to prescribe
100+prescription drugs;
101+.229077.3
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129-pharmacies that are experienced in managing donated
130-prescription drugs to distribute donated prescription drugs
131-to patients, either at a physical pharmacy location or
132-through a mail-order pharmacy;
133-(2) standards and procedures for accepting,
134-storing, labeling and redistributing donated prescription
135-drugs;
136-(3) standards and procedures for inspecting
137-donated prescription drugs to determine that the packaging is
138-tamper-evident and that the donated prescription drugs are
139-unadulterated, safe and suitable for redistribution;
140-(4) a form to be signed by the patient
141-specifying:
142-(a) knowledge that the donor took
143-reasonable care of the donated prescription drug;
144-(b) knowledge that the donated
145-prescription drugs have been inspected prior to being
146-dispensed and that there is no reason to believe that the
147-donated prescription drug was improperly handled or stored;
148-(c) that any person who exercises
149-reasonable care in donating, accepting or redistributing
150-pursuant to this section shall be immune from civil or
151-criminal liability or professional disciplinary action of any
152-kind for any related injury, death or loss; and
153-(d) that the immunity provided by this SB 122
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129+[(4) "recipient"] (3) "patient" means an
130+individual who voluntarily receives donated prescription drugs;
131+and
132+[(5)] (4) "tamper-evident" means a device or
133+process that makes unauthorized access to protected
134+pharmaceutical packaging easily detected.
135+B. The board shall adopt and promulgate rules for
136+the donation of unused prescription drugs. Any person,
137+including persons from other states , may [be donated] donate
138+unexpired and unused prescription drugs to [a clinic or a
139+participating practitioner, and a clinic or a participating
140+practitioner] an eligible recipient, and an eligible recipient
141+may accept and redistribute the donated prescription drugs in
142+accordance with rules promulgated by the board. Donated
143+prescription drugs shall only be redistributed to a patient if
144+the drugs will not expire before the patient is able to
145+completely use the drugs, based on the directions for use given
146+by the patient's prescribing health care professional.
147+C. The board shall promulgate rules to establish:
148+(1) procedures to allow the donation and
149+redistribution of certain prescription drugs, including
150+refrigerated drugs, that:
151+(a) ensure that the redistribution
152+process is consistent with public health and safety standards;
153+[and]
154+.229077.3
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180-section shall not decrease or increase the civil or criminal
181-liability of a drug manufacturer, distributor or dispenser
182-that would have existed but for the donation;
183-(5) information required to be provided by
184-the donor verifying that:
185-(a) the donated prescription drug has
186-been properly stored and the container has not been opened or
187-tampered with;
188-(b) the donated prescription drug has
189-not been adulterated or misbranded; and
190-(c) the donor is voluntarily donating
191-the prescription drug;
192-(6) a handling fee not to exceed the
193-reasonable costs of participating in the collection of
194-donated prescription drugs that may be charged to the patient
195-by the eligible recipient to cover the costs of inspecting,
196-storing, labeling and redistributing the donated prescription
197-drug; and
198-(7) any other standards deemed necessary by
199-the board.
200-D. The board shall maintain and publish a current
201-listing of eligible recipients.
202-E. Before redistributing donated prescription
203-drugs, the eligible recipient shall:
204-(1) comply with all applicable federal laws SB 122
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182+(b) exclude controlled substances; and
183+(c) allow in-state and out-of-state
184+pharmacies that are experienced in managing donated
185+prescription drugs to distribute donated prescription drugs to
186+patients, either at a physical pharmacy location or through a
187+mail-order pharmacy;
188+(2) standards and procedures for accepting,
189+storing, labeling and redistributing donated prescription
190+drugs;
191+(3) standards and procedures for inspecting
192+donated prescription drugs to determine that the packaging is
193+tamper-evident and that the donated prescription drugs are
194+unadulterated, safe and suitable for redistribution;
195+(4) a form to be signed by the [recipient ]
196+patient specifying:
197+(a) knowledge that the donor [is not a
198+pharmacist and] took reasonable care of the donated
199+prescription drug;
200+(b) knowledge that the [donor is known
201+to the clinic or the participating practitioner ] donated
202+prescription drugs have been inspected prior to being dispensed
203+and that there is no reason to believe that the donated
204+prescription drug was improperly handled or stored;
205+(c) that any person who exercises
206+reasonable care in donating, accepting or redistributing
207+.229077.3
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235+pursuant to this section shall be immune from civil or criminal
236+liability or professional disciplinary action of any kind for
237+any related injury, death or loss; and
238+(d) that the immunity provided by this
239+section shall not decrease or increase the civil or criminal
240+liability of a drug manufacturer, distributor or dispenser that
241+would have existed but for the donation;
242+(5) [a form to be signed ] information required
243+to be provided by the donor verifying that:
244+(a) the donated prescription drug has
245+been properly stored and the container has not been opened or
246+tampered with;
247+(b) the donated prescription drug has
248+not been adulterated or misbranded; and
249+(c) the donor is voluntarily donating
250+the prescription drug;
251+(6) a handling fee not to exceed [twenty
252+dollars ($20.00)] the reasonable costs of participating in the
253+collection of donated prescription drugs that may be charged to
254+the [recipient] patient by the [clinic or the participating
255+practitioner] eligible recipient to cover the costs of
256+inspecting, storing, labeling and redistributing the donated
257+prescription drug; and
258+(7) any other standards deemed necessary by
259+the board.
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288+D. The board shall maintain and publish a current
289+listing of [clinics and participating practitioners ] eligible
290+recipients.
291+E. Before redistributing donated prescription
292+drugs, the [clinic or the participating practitioner ] eligible
293+recipient shall:
294+(1) comply with all applicable federal laws
231295 and the laws of the state that deal with the inspection,
232296 storage, labeling and redistribution of donated prescription
233297 drugs; and
234298 (2) examine the donated prescription drug to
235299 determine that it has not been adulterated or misbranded and
236300 certify that the drug has been stored in compliance with the
237301 requirements of the product label.
238302 F. Any person who exercises reasonable care in
239303 donating, accepting or redistributing prescription drugs
240-pursuant to this section shall be immune from civil or
241-criminal liability or professional disciplinary action of any
242-kind for any related injury, death or loss.
304+pursuant to this section shall be immune from civil or criminal
305+liability or professional disciplinary action of any kind for
306+any related injury, death or loss.
243307 G. The immunity provided by this section shall not
244-decrease or increase the civil or criminal liability of a
245-drug manufacturer, distributor or dispenser that would have
246-existed but for the donation.
308+decrease or increase the civil or criminal liability of a drug
309+manufacturer, distributor or dispenser that would have existed
310+but for the donation.
247311 H. A manufacturer shall not be liable for failure
248-to transfer or communicate product consumer information or
249-the expiration date of the donated prescription drug pursuant
250-to this section.
312+to transfer or communicate product consumer information or the
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341+expiration date of the donated prescription drug pursuant to
342+this section.
251343 I. This section does not restrict the authority of
252344 an appropriate governmental agency to regulate or ban the use
253345 of any prescription drugs."
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