§ 8

N.M. Code R. § 16.19.16.8

Distribution of Pharmaceutical Samples

Effective Mar 30, 2002State of New Mexico

  1. 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.

  2. 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.

  3. 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    History of Repealed Material: [RESERVED]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.

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