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Home » US Law » 2021 New Mexico Statutes » Chapter 26 - Drugs and Cosmetics » Article 4 - Wholesale Prescription Drug Importation

Section 26-4-1 – Short title.

This act [26-4-1 to 26-4-10 NMSA 1978] may be cited as the “Wholesale Prescription Drug Importation Act”. History: Laws 2020, ch. 45, § 1. ANNOTATIONS Emergency clauses. — Laws 2020, ch. 45, § 11 contained an emergency clause and was approved March 4, 2020.

Section 26-4-10 – Countries other than Canada allowed by federal law.

The provisions of the Wholesale Prescription Drug Importation Act may be extended to any other country allowed by federal law to import prescription drugs into the United States, at the discretion of the department. History: Laws 2020, ch. 45, § 10. ANNOTATIONS Emergency clauses. — Laws 2020, ch. 45, § 11 contained an emergency clause […]

Section 26-4-2 – Definitions.

As used in the Wholesale Prescription Drug Importation Act: A. “Canadian supplier” means a manufacturer, wholesale distributor or pharmacy that is appropriately licensed or permitted under Canadian federal or provincial laws and rules to manufacture, distribute or dispense prescription drugs; B. “committee” means the prescription drug importation advisory committee; C. “department” means the department of […]

Section 26-4-3 – Advisory committee created; membership; duties.

A. The “prescription drug importation advisory committee” is created as an interagency advisory committee of the department. The committee consists of: (1) the secretary of health, who shall serve as the chair of the committee; (2) the executive director of the board of pharmacy; (3) the superintendent of insurance; (4) the secretary of human services; […]

Section 26-4-4 – Wholesale prescription drug importation program created.

The department, in consultation with the committee, shall design a “wholesale prescription drug importation program” that complies with the applicable requirements of 21 U.S.C. Section 384, including the requirements regarding safety and cost savings. The department shall explore all potential mechanisms, to the extent allowable under law, for the importation of eligible prescription drugs. The […]

Section 26-4-5 – Monitoring for anti-competitive behavior.

The department shall consult with the attorney general to identify the potential, and to monitor, for anti-competitive behavior in industries that would be affected by the program. History: Laws 2020, ch. 45, § 5. ANNOTATIONS Emergency clauses. — Laws 2020, ch. 45, § 11 contained an emergency clause and was approved March 4, 2020.

Section 26-4-6 – Federal compliance.

On or before December 15, 2020, the department shall submit a formal request to the secretary of the United States department of health and human services for certification of the state’s program. History: Laws 2020, ch. 45, § 6. ANNOTATIONS Emergency clauses. — Laws 2020, ch. 45, § 11 contained an emergency clause and was […]

Section 26-4-7 – Implementation.

Upon certification of approval by the secretary of the United States department of health and human services, the department shall begin implementing the program and begin operating the program within six months of that approval. As part of the implementation process, the department shall: A. enter into contracts in accordance with the Procurement Code [13-1-28 […]

Section 26-4-8 – Annual reporting.

Annually, after implementation, the department shall report to the governor and the legislature regarding the operation of the program during the previous year, including: A. which eligible prescription drugs and Canadian suppliers are included in the program; B. the number of participating pharmacies, health care providers and health insurance plans; C. the number of prescriptions […]

Section 26-4-9 – Wholesale prescription drug importation fund.

The “wholesale prescription drug importation fund” is created as a nonreverting fund in the state treasury. The fund consists of money received by the state through the implementation of the program pursuant to the Wholesale Prescription Drug Importation Act and appropriations, gifts, grants, donations to the fund and income from investment of the fund. The […]