N.M. Admin. Code § 16.19.20.47

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

Section 16.19.20.47 - EMERGENCY DISPENSING

A. Emergency dispensing of schedule II controlled substances. "Emergency situation" means the prescribing physician determines:

(1) that immediate administration of a controlled substance is necessary for proper treatment of the intended patient;

(2) that no appropriate alternative treatment is available, including administration of a drug which is not a controlled substance under schedule II; and

(3) that it is not reasonably possible for the prescribing practitioner to provide an electronically prescribed or written prescription to be presented to the person dispensing the substance prior to the dispensing.

B. A pharmacy may dispense a schedule II controlled substance in the above instance only if he receives oral authorization of a practitioner or authorization via facsimile machine and provided:

(1) the quantity prescribed is limited to the amount needed to treat the patient during the emergency period;

(2) the pharmacist shall reduce the prescription to a written form and it contains all information required of a schedule II controlled substance prescription except the signature of the prescribing practitioner;

(3) the prescribing physician, within seven days after authorization of the emergency dispensing, shall furnish a written, signed prescription to the pharmacist. The signed prescription shall have written on the face "AUTHORIZATION FOR EMERGENCY DISPENSING" and the date of the oral order or facsimile order;

(4) the signed prescription shall be attached to the oral emergency prescription order or the facsimile emergency prescription order and be filed as other schedule II prescriptions.

C. In the event the prescribing physician fails to deliver a signed written prescription to the pharmacist, within the seven days period, the pharmacist shall notify the nearest DEA office, and the board of pharmacy.

N.M. Admin. Code § 16.19.20.47

16.19.20.47 NMAC - Rp 16 NMAC 19.20.20(6), 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 XXXI, Issue 23, December 15, 2020, eff. 12/15/2020