1. A. It is a misdemeanor for any person to:

   1. (1) practice or attempt to practice pharmacy without a current license from the board;
   2. (2) use the title of registered pharmacist unless he is licensed as such pursuant to the Pharmacy Act;
   3. (3) procure or attempt to procure licensure as a pharmacist or to procure a license for a pharmacy for himself or another by making or causing to be made false representations to the board;
   4. (4) allow any other person in his employ or under his supervision to compound or dispense prescriptions unless he is a pharmacist, pharmacist intern or pharmacy technician in accordance with the Pharmacy Act or exempted from the provisions of that act; or
   5. (5) own, operate or maintain a pharmacy, hospital pharmacy, clinic, custodial care facility or drug distribution business unless licensed to do so pursuant to the Pharmacy Act.
2. B. A person convicted pursuant to Subsection A of this section shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

History: 1953 Comp., § 67-9-55, enacted by Laws 1969, ch. 29, § 23; 1972, ch. 84, § 59; 1997, ch. 131, § 26.

ANNOTATIONS

The 1997 amendment, effective June 20, 1997, designated the former introductory language as Subsection A and redesignated former Subsections A through E as Paragraphs A(1) through A(5); in Subsection A, deleted "petty" preceding "misdemeanor" in the introductory language, deleted "certificate of registration and a" preceding "current" in Paragraph (1), substituted "pursuant to" for "under" in Paragraph (2), substituted "licensure" for "registration" in Paragraph (3), in Paragraph (4), deleted "or sell or compound poisons" following "prescriptions", deleted "or registered as a" preceding "pharmacist", and inserted "or pharmacy technician", substituted "pursuant to" for "under" in Paragraph (5); added Subsection B; and made stylistic changes throughout the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of statutes in relation to operation of drugstore, pharmacy or chemical store without a registered pharmacist, 74 A.L.R. 1084.

Revocability of license for fraud or other misconduct before or at time of its issuance, 165 A.L.R. 1138.

Criminal responsibility of druggist for injury in consequence of mistake, 55 A.L.R.2d 714.

Criminal liability for death resulting from unlawfully furnishing intoxicating liquor or drugs to another, 32 A.L.R.3d 589.

28 C.J.S. Drugs and Narcotics § 101 et seq.