N.M. Code R. § 16.19.4.12

Current through Register Vol. 35, No. 8, April 23, 2024

Section 16.19.4.12 - IMPAIRED PHARMACIST

A.Definitions; For the purpose of this section:

(1) Chemical dependence - repeated use of alcohol or drugs culminating in a pattern of chemical need.

(2) Disciplinary authority - the board which may discipline pharmacists.

(3) Diversion - illicit dispensing, distribution or administration of a scheduled controlled substance not in the normal course of professional practice.

(4) Drug - a chemical substance alone or in combination including alcohol.

(5) Drug abuse - improper or excessive use of a drug to the detriment of the individual and/or society.

(6) Impaired pharmacist - a pharmacist who is unable to practice pharmacy with reasonable skill, competence or safety to the public because of drug abuse, and/or mental illness, the aging process or loss of motor skills, sight or hearing.

(7) Licensing authority - authority that licenses/registers pharmacists.

(8) Recovering - a term used to describe an impaired pharmacist who has successfully completed the approved treatment program and is being rehabilitated in accordance with a professionally prescribed aftercare treatment. (Use of "recovering" rather than "recovered" is intended to indicate that recovery is a continuous process with no finite end point).

(9) Reinstatement - the process whereby the recovering impaired pharmacist is permitted to resume the practice of pharmacy.

(10) Treatment - the therapeutic interruption of the disease process by competent and skilled professional resources.

B.Applicability: This regulation is applicable to all licensed/registered externs, interns, pharmacists, and any other board licensee/registrant. For the purpose of this regulation, the word "licensee" shall include all persons licensed/registered by the board of pharmacy.

C.Procedures:

(1) Impaired pharmacist reporting:

(a) If any person knows or suspects that a licensee is impaired, that person shall report any relevant information either to the impaired pharmacist program or to the board of pharmacy ("board").

(b) When the board receives an initial report relating to an alleged impaired board licensee, that authority may:

(i) refer the licensee to the impaired pharmacist program for verification, intervention and subsequent evaluation and/or treatment; or

(ii) verify the information provided on the alleged impaired licensee and assume the responsibility for intervention and referral for evaluation and/or treatment; or

(iii) file a complaint to initiate disciplinary action.

(2) Intervention: board approved intervenors shall:

(a) Respond to information from concerned individuals.

(b) Ascertain validity of the information received.

(c) Perform additional necessary investigations to arrive at an accurate position prior to contacting the alleged impaired licensee; and, if necessary, to perform intervention.

(d) Contact the alleged impaired licensee. After intervention, referral may be made to evaluation/treatment center at licensee's expense. (Contact shall be made as planned intervention).

(e) Reduce all reports in writing and place in permanent file for preservation of the report until the situation is satisfied.

(3) Treatment:

(a) Structured treatment - an approved treatment plan which shall include inpatient and/or outpatient therapy as recommended/required. With the consent of the treatment provider, the plan may include, but is not limited to, individualized inpatient and/or outpatient care. Following either an intensive inpatient or outpatient care, after treatment may be prescribed by the provider with the approval of the board and/or Impaired Pharmacist Committee.

(b) Supervised treatment - treatment which is prescribed by the treatment provider and approved by the board and/or impaired pharmacist program.

(4) Disciplinary sanctions: board authority referral to the impaired pharmacist program - when an impaired licensee who has been reported to the board successfully completes a board/committee approved treatment program, that licensee must appear before the board as a condition of consideration for reinstatement. The licensee must provide documentary evidence from the approved treatment program, stating that the licensee has reached recovery and may be allowed to practice without endangering the public. The board may suspend the registration/license, stay the execution of the suspension and impose a period of probation during which the following conditions shall be met:

(a) the licensee shall strictly adhere to the aftercare program; and

(b) during the probationary period, the licensee shall comply with the general and special conditions of probation imposed by the board, including but not limited to, monitoring and drug screens where applicable.

(5) Confidentiality; The names of voluntary participants in the program and records relating to their referral and treatment are confidential pursuant to Section 61-11A-3 and Section 61-11A-7 NMSA 1978, provided, however, that this information may be disclosed:

(a) in a disciplinary hearing before the board and in court proceedings arising therefrom;

(b) to the board and to the pharmacist's licensing/disciplinary authorities of other jurisdictions in accordance with law;

(c) pursuant to an order of a court of competent jurisdiction;

(d) injunctive proceedings brought by the board; and

(e) as otherwise provided by law.

(6) Civil immunity; No member of the board or the committee or any board-approved intervenor shall be liable for any civil damages because of acts or omissions which may occur while acting in good faith pursuant to the Impaired Pharmacists Act (61-11A-1 to 61-11A-8 NMSA, 1978).

N.M. Code R. § 16.19.4.12

08-27-90; 16.19.4.12 NMAC - Rn, 16 NMAC 19.4.12, 03-30-02, Amended by New Mexico Register, Volume XXXIII, Issue 17, September 13, 2022, eff. 9/13/2022