1. A. All written and oral communication made by any person to the board or any committee of the board relating to actual or potential disciplinary action, which includes complaints made to the board or the committee, shall be confidential communications and are not public records for the purposes of the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]. All data, communications and information acquired, prepared or disseminated by the board or a committee relating to actual or potential disciplinary action or its investigation of complaints shall not be disclosed except to the extent necessary to carry out the purposes of the board or the committee or in a judicial appeal from the actions of the board or the committee or in a referral of cases made to law enforcement agencies, national database clearinghouses or other licensing boards.

2. B. Information contained in complaint files is public information and subject to disclosure when the board or the committee acts on a complaint and issues a notice of contemplated action or reaches a settlement prior to the issuance of a notice of contemplated action.

   HISTORY OF 16.19.1 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives:

   BOP 69-2, Rules and Regulations of the State Board of Pharmacy, 6-13-69.

   BOP 69-3, New Mexico Laws and Regulations, Pharmacy Act, Drug and Cosmetic Act, Narcotic Drug Act, Poisons Act, Board of Pharmacy Rules and Regulations, 8-15-69.

   BOP 72-1, New Mexico Board of Pharmacy Rules and Regulations Promulgated Pursuant to New Mexico Drug and Cosmetic Act, Pharmacy Act, Controlled Substances Act, 7-31-72.

   Regulation No. 1, Board of Pharmacy, 2-7-80.

   Regulation No. 1, Board of Pharmacy, 10-23-85.

   Regulation No. 1, Board of Pharmacy, 2-2-87.

   Regulation No. 1, Board of Pharmacy, 7-27-90.

   History of Repealed Material:

   BOP 72-1, New Mexico Board of Pharmacy Rules and Regulations Promulgated Pursuant to New Mexico Drug and Cosmetic Act, Pharmacy Act, Controlled Substances Act - Repealed, 10-29-85.

   Other History:

   16 NMAC 19.1, Pharmacists - General Provisions, filed 02-02-96, reformatted and renumbered to 16.19.1 NMAC, General Provisions, effective 03-30-2002.

[16.19.1.12 NMAC - N, 08-16-10]