N.M. Admin. Code § 16.19.16.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.19.16.8 - DISTRIBUTION OF PHARMACEUTICAL SAMPLES

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.

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.

C. Violations of these regulations is grounds for revocation of licenses or permits issued by the Board of Pharmacy.

N.M. Admin. Code § 16.19.16.8

03-07-80...08-27-90; 16.19.16.8 NMAC - Rn, 16 NMAC 19.16.8, 03-30-02