Eligible recipients shall maintain records of receipt and redistribution for three years.

1. A. Receipt Records:

   1. (1) donor verification that the prescription drug is voluntarily donated, was properly stored, the container has not been opened or tampered with, and the drug has not been adulterated or misbranded;
   2. (2) date of donation;
   3. (3) name, address and telephone number of donor;
   4. (4) name, strength and quantity of the drug;
   5. (5) drug manufacturer;
   6. (6) drug expiration date;

2. B. Redistribution Records, Patient Form:

   1. (1) Prior to the initial dispensing of a donated prescription drug, a patient will electronically or physically sign a form that specifies:
   2. (a) knowledge that the donor took reasonable care of the donated prescription drug;
   3. (b) knowledge that the donated prescription drug has been inspected and there is no reason to believe that the donated prescription drug was improperly handled or stored;
   4. (c) that any person who exercises reasonable care in donating, accepting or redistributing pursuant to Section 26-1-3.2 NMSA 1978 shall be immune from civil or criminal liability or professional disciplinary action of any kind for any related injury, death or loss;
   5. (d) that the immunity provided by Section 26-1-3.2 NMSA 1978 shall not decrease or increase the civil or criminal liability of a drug manufacturer, distributors or dispenser that would have existed but for the donation;
   6. (2) Patients receiving donated prescription drugs from an eligible recipient that predominantly dispenses donated prescription drugs shall be required to sign the form only at their initial dispense.

3. C. Custodial care facility, licensed facility or clinic as donor:

   1. (1) A custodial care facility or licensed facility as defined in 16.19.11.7 NMAC, or clinic as defined in 16.19.10.7 NMAC that engages in donation shall maintain records that include:

      1. (a) date of donation;
      2. (b) entity the drug was donated to;
      3. (c) patient name, as applicable;
      4. (d) drug name, strength, dosage form, and quantity;
      5. (e) date dispensed, as applicable;
      6. (f) prescription number, as applicable;
      7. (g) dispensing pharmacy name, as applicable
   2. (2) This record will be maintained for three years.
   3. (3) The consultant pharmacist will be responsible for donation oversight.
4. D. A donor or eligible recipient may contract with one another or a third-party to create or maintain records on each other’s behalf. An identifier, such as a serial number or barcode, may be used in place of any or all information required by a record or label under this section if it allows for such information to be readily retrievable. Upon request by a state or federal regulator the identifier used for requested records shall be replaced with the original information. An identifier shall not be used on patient labels when dispensing or administering a drug.
5. E. All records and forms required by this Section may be in electronic form.
6. F. All records required under this part will be available for inspection by the Board.

[16.19.34.9 NMAC - Rp, 16.19.34.9, 2/10/2026]