N.M. Admin. Code § 16.19.20.41

Current through Register Vol. 35, No. 19, October 8, 2024

Section 16.19.20.41 - PRESCRIPTIONS

A. A prescription for a controlled substance may be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice, and who is registered under the Controlled Substances Act. The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription.

B. A prescription may not be issued in order for a practitioner to obtain controlled substances for supplying the practitioner for the purpose of general dispensing to patients.

C. A prescription may not be issued for the dispensing of narcotic drugs listed in any schedule to a narcotic dependent person for the sole purpose of continuing his dependence upon such drugs, unless all the following conditions are met:

(1) the narcotic controlled drug is in Schedule III, IV, or V and is approved by the Food and Drug Administration specifically for use in maintenance or detoxification treatment; and

(2) the prescribing practitioner meets all state and federal requirements to prescribe the narcotic for maintenance or detoxification treatment (e.g. 21 CFR 1301.28 or successor regulation).

N.M. Admin. Code § 16.19.20.41

16.19.20.41 NMAC - Rp 16 NMAC 19.20.20, 07-15-02, Adopted by New Mexico Register, Volume XXIX, Issue 12, June 26, 2018, eff. 6/26/2018, Amended by New Mexico Register, Volume XXX, Issue 23, December 17, 2019, eff. 12/17/2019, Amended by New Mexico Register, Volume XXXIV, Issue 11, June 13, 2023, eff. 6/13/2023