New Mexico Statutes
Article 11 - Pharmacy
Section 61-11-9.1 - Surety bonds. (Repealed effective July 1, 2024.)

A. The board may require surety bonds or other equivalent means of security, as approved by the board, that are provided by a third party such as insurance, an irrevocable letter of credit or funds deposited in a trust account or financial institution, to secure payment for any administrative or judicial penalties that may be imposed by the board or the state and for any penalties or costs required by board rule or disciplinary action.
B. Surety bonds or other equivalent means of security as approved by the board and required in this section shall apply to initial applicants or renewal applicants as a condition for obtaining or maintaining licensure as a drug manufacturer, nonresident pharmacy, wholesale drug distributor, outsourcing facility, repackager or third-party logistics provider.
C. The board shall set by rule the amount and conditions of the surety bond or other equivalent means of security authorized in this section.
D. The board may waive the surety bond or other requirements of this section if it determines that it is in the best interest of the public to do so. Such waivers may be granted under conditions established by board rule.
E. Manufacturers distributing their own products that have been licensed or approved by the food and drug administration and pharmacy warehouses that are engaged only in intracompany transfers are exempt from this section.
F. A separate surety bond or other equivalent means of security is not required for each company's separate locations or for affiliated companies or groups when such separate locations or affiliated companies or groups are required to apply for or renew their drug manufacturer, nonresident pharmacy, wholesale drug distributor, outsourcing facility, repackager or third-party logistics provider license with the board.
History: Laws 2007, ch. 79, § 4; 2019, ch. 98, § 2.
Delayed repeals. — For delayed repeal of this section, see 61-11-29 NMSA 1978.
The 2019 amendment, effective June 14, 2019, added new license categories for which surety bonds are required, subject to the existing provision that multiple locations or affiliated companies do not need to provide separate surety bonds; in Subsection B, after "maintaining licensure as a", added "drug manufacturer", after "wholesale drug distributor", added "outsourcing facility, repackager or third-party logistics provider"; and in Subsection F, after "renew their", added "drug manufacturer, nonresident pharmacy", and after "wholesale", added "drug", and after "distributor", added "outsourcing facility, repackager or third-party logistics provider".

Structure New Mexico Statutes