A. Every registrant under the Controlled Substances Act manufacturing, distributing or dispensing a controlled substance shall maintain, on a current basis, a complete and accurate record of each substance manufactured, received, sold or delivered by him in accordance with regulations of the board.
Inventories as required in the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 shall be deemed in compliance with inventory requirements under this section.
B. Records for drugs under Schedules I and II shall be kept separate from other records. Prescriptions for all Schedule I and II drugs and narcotic prescriptions for controlled substances listed in Schedules III, IV and V shall be maintained separately from other prescription drugs in accordance with regulations of the board.
C. Records for nonnarcotic controlled substances under Schedules III, IV and V shall be maintained either separately or in such form that they are readily retrievable and are marked for ready identification in accordance with regulations of the board. Prescriptions for nonnarcotic controlled substances shall be maintained either in a separate prescription file or in such form that they are readily retrievable from other prescription records and are marked for ready identification in accordance with regulations of the board.
D. Records shall be maintained for a period of at least three years from the date of the record and may be inspected as required by authorized agents of the board.
E. A practitioner is not required to keep records of controlled substances listed in Schedules II through V that he prescribes or administers in the lawful course of his professional practice. He shall keep records of controlled substances that he dispenses other than by prescribing or administering.
F. Each pharmacy licensed in the state shall provide information relating to the dispensing of any controlled substance designated by the board. The board shall administer the collection and dissemination of the information obtained. The manner of reporting and the extent of the required information shall be designated by regulation of the board.
History: 1953 Comp., § 54-11-16, enacted by Laws 1972, ch. 84, § 16; 1994, ch. 42, § 2.
Cross references. — For definitions applicable to Medical Practice Act, see 61-6-6 NMSA 1978.
For definitions applicable to Physician Assistants Act, see 61-6-7.1 NMSA 1978.
For pharmacist clinician prescriptive authority, see 61-11B-3 NMSA 1978.
For the Comprehensive Drug Abuse Prevention and Control Act of 1970, see 21 U.S.C. § 801 et seq.
The 1994 amendment, effective May 18, 1994, substituted "that" for "which" in both sentences in Subsection E and added Subsection F.
Structure New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 31 - Controlled Substances
Section 30-31-1 - Short title.
Section 30-31-2 - Definitions.
Section 30-31-3 - Duty to administer.
Section 30-31-4 - Nomenclature.
Section 30-31-5 - Schedules; criteria.
Section 30-31-7 - Schedule II.
Section 30-31-8 - Schedule III.
Section 30-31-9 - Schedule IV.
Section 30-31-10 - Schedule V.
Section 30-31-11 - Regulations.
Section 30-31-12 - Registration requirements.
Section 30-31-13 - Registrations.
Section 30-31-14 - Revocation and suspension of registration.
Section 30-31-15 - Order to show cause.
Section 30-31-16 - Records of registrants.
Section 30-31-17 - Order forms.
Section 30-31-18 - Prescriptions.
Section 30-31-19 - Distributions by manufacturers or distributors.
Section 30-31-20 - Trafficking controlled substances; violation.
Section 30-31-21 - Distribution to a minor.
Section 30-31-22 - Controlled or counterfeit substances; distribution prohibited.
Section 30-31-23 - Controlled substances; possession prohibited.
Section 30-31-24 - Controlled substances; violations of administrative provisions.
Section 30-31-25 - Controlled substances; prohibited acts.
Section 30-31-26 - Penalties under other laws.
Section 30-31-27 - Bar to prosecution.
Section 30-31-27.1 - Overdose prevention; limited immunity.
Section 30-31-28 - Conditional discharge for possession as first offense.
Section 30-31-29 - Probationary period.
Section 30-31-30 - Powers of enforcement personnel.
Section 30-31-31 - Administrative inspections and warrants.
Section 30-31-32 - Administrative inspections.
Section 30-31-33 - Injunctions.
Section 30-31-34 - Forfeitures; property subject.
Section 30-31-35 - Forfeiture; procedure.
Section 30-31-36 - Summary forfeiture.
Section 30-31-37 - Burden of proof.
Section 30-31-38 - Cooperative duties of board.
Section 30-31-40 - Research; confidentiality.
Section 30-31-41 - Anabolic steroids; possession; distribution; penalties; notice.