N.M. Admin. Code § 16.19.14.14

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.19.14.14 - LICENSE REQUIREMENTS MEDICAL GAS REPACKAGER OR SELLER

A. Every medical gas repackager or seller, wherever located, shall be licensed by the board in accordance with the laws and regulations of this state before engaging in repackaging, distribution or selling of medical gases in this state.

B. Repackagers and sellers cannot operate from a place of residence. No primary business location will be operated out of a storage unit. Use of a storage unit shall be consistent with accrediting body approval and allowance.

C. Where operations are conducted at more than one location, each such location shall be licensed by the board.

D. A manufacturer or wholesale drug distributor licensed by the board may distribute medical gas without the requirement of a separate medical gas license. Said licensees shall distribute only to an entity licensed to receive medical gas. A pharmacy, dentist, or licensed prescriber's license verifies their authority to receive prescription only medical gases.

E. A pharmacy licensed by the board may provide medical gas pursuant to a drug order, or to nearby emergency medical services, i.e., ambulance companies and firefighting organizations in the same state or same marketing or service area, or nearby licensed practitioners allowed to prescribe medical gases for use in the treatment of acutely ill or injured persons; to nearby or contracted nursing homes or home care services; or to another pharmacy to alleviate a temporary shortage without the requirement of a separate medical gas license.

F. The Board may prohibit a person or entity from receiving or maintaining licensure if the person or entity:

(1) has been convicted of any felony for conduct relating to manufacturing or distribution, any felony violation of Subsection (i) or (k) of section 301, or any felony violation of Section 1365 of title 18, United States Code, relating to product tampering; or

(2) has been found by the board to have violated the requirements of this part, or state requirements for licensure.

G. The board shall have the right to deny a license to an applicant if it determines that the granting of such a license would not be consistent with the public health and safety.

N.M. Admin. Code § 16.19.14.14

Adopted by New Mexico Register, Volume XXXIV, Issue 04, February 28, 2023, eff. 2/28/2023