1. A. Unless a person is a pharmacist or is exempted under the Pharmacy Act, no person shall sell at retail any dangerous drug, compound any prescription or acquire and possess any dangerous drug without its being prescribed.
2. B. No person shall conduct or operate a place used for the retail sale, compounding or dispensing of drugs or prescriptions or a place represented by a sign or by advertisement to have a business name or specialization that includes the words "pharmacist", "pharmacy", "chemist's shop", "drug store", "drugs", "druggist", "drug sundries", "prescriptions" or a combination of these that might indicate to the public that the place is a pharmacy unless the place is licensed by the board under the Pharmacy Act.
3. C. No person shall permit anyone in the person's employ or under the person's supervision, except a pharmacist, pharmacist intern or pharmacy technician, to compound, dispense, label or otherwise prepare prescriptions.
4. D. The provisions of Subsections A, B and C of this section shall not apply to a person possessing a license issued pursuant to Subsection B of Section 61-11-14 NMSA 1978 for the sale or distribution of veterinary drugs bearing the legend: "caution: federal law restricts this drug to use by or on the order of a licensed veterinarian"; provided that the possessors of such a license may only sell or distribute such drugs on the order of a licensed veterinarian and may not represent their place of business by a sign or advertisement that includes the words "pharmacist", "pharmacy", "chemist's shop", "drug store", "drugs", "druggist", "drug sundries", "prescriptions" or a combination of these that might indicate to the public that the place is a pharmacy.

History: 1953 Comp., § 67-9-52, enacted by Laws 1969, ch. 29, § 20; 1973, ch. 173, § 4; 1997, ch. 131, § 23; 2021, ch. 9, § 1.

ANNOTATIONS

The 2021 amendment, effective June 18, 2021, removed the prohibition against non-pharmacists' use of certain pharmacy-related words on signs or advertisements; and in Subsection B, after "'pharmacy'", deleted "'apothecary', 'apothecary shop'", and after "combination of these", deleted "or any other words of similar import or by an insignia or device" throughout.

The 1997 amendment, effective June 20, 1997, deleted "or poison" following "drug" in Subsection A; in Subsection B, substituted "of these" for "thereof", deleted the Paragraph (1) designation, deleted former Paragraph (2), which read: "the business being conducted on the licensed premises constantly employs, on a regular basis, a pharmacist", and made related stylistic changes; in Subsection C, deleted "or a" following "except a pharmacist" and inserted "or pharmacy technician"; in Subsection D, substituted "possessing a license issued pursuant to Subsection B of Section 61-11-14 NMSA 1978" for "possessing a limited license issued under Subsection B of Section 67-9-45 NMSA 1978", inserted "apothecary shop" and substituted "of these" for "thereof".

Constitutionality of former law. — Former law requiring employment of registered pharmacist in business using such terms as "pharmacist," "pharmacy" or "drugstore" was not monopolistic, discriminatory nor an illegal restraint of trade. State v. Collins, 1956-NMSC-046, 61 N.M. 184, 297 P.2d 325.

Miners' hospital of New Mexico may not sell or dispense medicine and drugs while operating as a public institution which is not licensed as required. 1957 Op. Att'y Gen. No. 57-254.

Hospital or clinic pharmacy must be licensed and registered, and, except in limited situations, prescriptions must be filled by a registered pharmacist. 1961 Op. Att'y Gen. No. 61-52.

Drug dispensing clinic to be licensed. — A drug dispensing clinic which orders dangerous drugs and controlled substances from state wholesale outlets, and which is operated by a private firm on contract to the federal government, must be licensed by the board of pharmacy and must obtain board registration if required. 1976 Op. Att'y Gen. No. 76-19.

The health and environment department is not required to employ licensed pharmacists to dispense drugs to patients at the department's public health clinics. 1988 Op. Att'y Gen. No. 88-76.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d 290, Drugs, Narcotics and Poisons § 75.

Failure of druggist or apothecary to procure license as affecting validity of contracts, 30 A.L.R. 862, 42 A.L.R. 1226, 118 A.L.R. 646.

Constitutionality of statutes regulating sale of poisons, drugs or medicines, 54 A.L.R. 730.

Construction of statutes in relation to operation of drugstore, pharmacy or chemical store, without registered pharmacist, 74 A.L.R. 1084.

28 C.J.S. Drugs and Narcotics § 29 et seq.