N.M. Admin. Code § 16.19.35.17

Current through Register Vol. 35, No. 23, December 10, 2024
Section 16.19.35.17 - MINIMUM QUALIFICATIONS
A. The board shall consider, at a minimum, the following factors in reviewing the qualifications of persons who engage in warehousing of prescription drugs within the state:
(1) any conviction of the applicant under any federal, state or local laws relating to drug samples, wholesale or retail drug distribution, or distribution of controlled substances;
(2) any felony convictions of the applicant under federal, state or local law;
(3) the applicant's past experience in the distribution of prescription drugs, including controlled substances;
(4) the furnishing by the applicant of false or fraudulent material in any application made in connection with prescription drug manufacturing or prescription drug distribution;
(5) suspension or revocation by federal, state, or local government of any license currently or previously held by the applicant for the manufacture or distribution of any drugs, including controlled substances;
(6) compliance with licensing requirements under previously granted licenses, if any;
(7) compliance with requirements to maintain or make available to the board or to federal, state, or local law enforcement officials those records required under this section; and
(8) any findings by the board that the applicant has violated or been disciplined by a regulatory agency in any state for violating and federal, state, or local laws relating to drug or device wholesale distribution;
(9) any other factors or qualifications the board considers relevant to and consistent with the public health and safety.
B. 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 in the public interest. Public interest considerations shall be based upon factors and qualifications that are directly related to the protection of the public health and safety.

N.M. Admin. Code § 16.19.35.17

16.19.35.17 NMAC - N, 11-15-10