N.M. Code R. § 16.19.16.8 – Distribution of Pharmaceutical Samples

A. No person regulated by this Board including a person acting as principal or agent (detail person) for a manufacturer, wholesaler, or distributor shall buy, sell, trade, barter or exchange, or offer to buy, sell, trade, barter or exchange:
(1) Pharmaceutical product samples;
(2) Pharmaceutical products sold for export only;
(3) Pharmaceuticals purchased by hospitals, and/or clinics, including agencies of state and local governments for the exclusive use of those institutions and not intended for resale;
(4) Pharmaceutical products donated or supplied at reduced prices to charitable institutions in the United States or abroad for their own institutional use;
(5) Complementary pharmaceutical product trade packages.
B. Sales otherwise permitted by law to affiliated corporations in furtherance of a planned, integrated approach to the delivery of health care within a health care corporate structure and sales by a bona fide group purchasing arrangement to members are not subject to 16.19.16.8 NMAC nor are emergency borrowing/lending between licensed health care facilities.
C. Violations of these regulations is grounds for revocation of licenses or permits issued by the Board of Pharmacy.
[03-07-80...08-27-90; 16.19.16.8 NMAC - Rn, 16 NMAC 19.16.8, 03-30-02]
HISTORY OF 16.19.16 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives:
Regulation No. 16, Sample Drug Distribution, 2-2-87.
Regulation No. 16, Sample Drug Distribution, 7-27-90.
History of Repealed Material: [RESERVED]
Other History: 16 NMAC 19.16, Pharmacists - Sample Drug Distribution, filed 02-02-96, reformatted and renumbered to 16.19.16 NMAC, Sample Drug Distribution, effective 03-30-2002.