1. A. “Board” means the New Mexico board of pharmacy.
2. B. “Donor” means a person, including persons from other states, who donates unused prescription drugs to an eligible recipient for the purpose of redistribution to patients.
3. C. “Eligible drug” means an unused, unexpired prescription drug stored in a tamper-evident container, or by a tamper-evident process preventing unauthorized access, that the eligible recipient has inspected and has no reason to believe was improperly handled, stored, adulterated or is unsuitable for redistribution.

4. D. “Eligible recipient” means a person who registers with the board to participate in the collection of donated drugs and is:

   1. (1) licensed pursuant to Section 61-11-14 NMSA 1978 to receive and distribute prescription drugs;
   2. (2) a health care facility licensed by the health care authority pursuant to the Health Care Code Section 24A NMSA 1978; or
   3. (3) a practitioner licensed in New Mexico to prescribe prescription drugs.
5. E. “Ineligible drug” means controlled substances, or any prescription medication that is subject to a Risk Evaluation and Mitigation Strategy (REMS) under Section 505-1, 21 USC 355-1 of the Federal Food Drug and Cosmetic Act unless in compliance with all applicable REMS requirements, including being accompanied by a MedGuide (as set forth in Title 34 CFR, Subsection 208), or patient package insert (PPI).
6. F. “Patient” means an individual who voluntarily receives donated prescription drugs.
7. G. “Prescription drug” means any drug required by federal or state law to be dispensed only by a prescription, including Food and Drug Administration (FDA)-approved drugs labeled for investigational use.
8. H. “Tamper-evident” means a device or process that makes unauthorized access to protected pharmaceutical packaging easily detected.
9. I. “REMS” means Risk Evaluation and Mitigation Strategy.

[16.19.34.7 NMAC - Rp, 16.19.34.7, 2/10/2026]