Let’s see how the NM Board of Pharmacy is helping pain patients, shall we?



June 6 – 7, 2011 Board Meeting Minutes
New Mexico Board of Pharmacy Regular Board Meeting

e. Det. Robert Garcia, Santa Fe Police Department – Request for “Agent of Board” status for: Agt. Robert A. Garcia, Agt. Robert F. Vasquez, and Sgt. Andrew Padilla: Mr. Harvey stated that Detective Robert Garcia was not able to be present to make the request himself. The officers listed will be authorized to be agents of the board.



August 29 – 30, 2011 Board Meeting Minutes
New Mexico Board of Pharmacy Regular Board Meeting

g. 2010-072 Settlement Agreement Walgreens #11960…

Mr. Harvey stated that due to the big issue of substance abuse he is considering appointing more agents and contacting the Secretary of Public Safety regarding enrolling State Police Officers to handle the increase of forgeries and forgery rings consisting of 30 to 40 people in these rings.

l. HM 77 Task Force: Addresses substance abuse and require practitioners and/or ER doctors to access real time PMP reports to verify prescriptions and patient use. Mr. Harvey stated that in the future it may serve as a valuable tool for pharmacists to access the PMP to verify controlled substance prescriptions of first time patients that they have never filled for. Mr. Loring stated that the task force will be reporting to the legislature in November 2011 and will be addressing the treatment guidelines of abuse of chronic opioids and the training and education component of practitioners prescribing long acting opioids. The DEA is currently working on developing the training. The task force will also address getting every health care board that has practitioners prescribing controlled substances to use the PMP to report on new patients and if not the legislature will be asked to pass a law to require the use of the PMP.

m. PMP status: NMMRA funding: Discussed under budget 2013

NMMRA:  http://www.cecintl.com/facilities_rr_nm_001.html

New Mexico Men’s Recovery Academy “NMMRA”

Contracting Agency: New Mexico Corrections Department – Probation & Parole Division

n. Proposed additions to Schedule I: NMAC 16.19.20: Mr. Harvey discussed the numerous synthetic cannabinoids and bath salts that are in New Mexico and reported as being abused. The board agreed to the substance additions to 16.19.20 NMAC.



January 17 – 18, 2013 Board Meeting Draft Minutes
New Mexico Board of Pharmacy Regular Board Meeting

f. Governor’s Pain Council Bill…

4. Dr. Megan Thompson – “Generation Rx”: Dr. Megan Thompson discussed the
growing issues with drug abuse and overdoses of students within our state. The board and
audience viewed the “No Exceptions Video” that was also broadcasted on August 17, 2012
on stations KOAT and KOB. The video has been provided to every school. She can be
contacted at UNM @ 505-272-4121.

Click to access June%202013%20Draft%20Minutes.pdf

June 20 – 21, 2013 Board Meeting Draft Minutes
New Mexico Board of Pharmacy Regular Board Meeting

c. 16.19.20 NMAC Controlled Substances
Require electronic reporting of pseudoephedrine sales
Det. Brian Sallee, Mr. Jose Ramirez and Mr. William Harvey were present to discuss the
need for using the PSE electronic reporting web based system provided by HIDTA. Data will
be transferred from agent to agent and state to state, with reasonably easy access and the
system will be managed as directed from the state boards. The system is scheduled to be
up and running by January 2014…

Mr. Cross thanked Det. Sallee, Mr. Ramirez and Mr. Harvey for the hard work that has been done as this has been implemented to protect the public health and safety, this will accomplish that goal far more than creating a burden on the pharmacies in the state.

8. 10:00 a.m. Walgreens Good Faith Dispensing Policy:

Mr. Rex Sword, Mr. Dwayne Pinon and Ms. Natasha Polster were present from Walgreens to provide a response regarding the correspondence received by NMBOP from Michelle Lujan Grisham. Written comments from the New Mexico Medical Society, Ernest Dole and Brian Starr and their concerns and frustration regarding the implementation of the GFD policy has been met with inconsistency and led to further problems.

Upon lengthy discussion between the board and representatives from Walgreens that covered “red flags” regarding select controlled substances such as oxycodone, methadone and hydromorphone. Red Flags included, does the patient live in the trade area, high doses, high quantities and other documentation requests needed to evaluate and fill prescriptions. Walgreens stated that they have always had the GFD policy. Further discussion of the written comments submitted, opposing the “Good Faith Dispensing” policy, with concerns such as DEA guidelines, misinformation on reasons for the policy, delays in dispensing pain medications, patient withdrawal, alleged time delays of 2-3 days in obtaining required information prior to dispensing, dosage changes, additional prescription requests based on quantity limitations, lack of uniform understanding of company directives by Walgreens pharmacists, decreased quality of patient care, among many other issues.

In conclusion the board received several written comments regarding this issue. The board did not receive an actual copy of the Walgreens Good Faith Dispensing Policy and stated that they would like to view the Walgreen’s “Good Faith Dispensing” policies and expressed their concern regarding the messaging from Walgreens pharmacists that these policies were implemented by the New Mexico board of pharmacy. Walgreens indicated they were going to retrain pharmacists to ensure this misperception was not perpetuated.

A written correspondence received from Congresswoman Michelle Lujan Grisham has asked the board to look into the Walgreens GFD policy and its potential negative impact on patient care. Mary Smith, the boards counsel, Ms. Mendez-Harper and Mr. Cross will work together in responding to Ms. Grisham’s concerns and present at the August 2013 board meeting.

Ms. Angela DiPaolo was present and asked the board to allow the inclusion of C2-C5 controlled substances and at least C3-C5 in the EKIT that will be placed at their facility by Albuquerque Pharmacy. She stated due to the nature of the residents served it is necessary to have certain pain, anxiety and sleep medications readily available. The only people that will have access to the medications are licensed nurses and the system will be closely monitored and will only allow certain individuals at any given time and the on-call pharmacist who must approve access
at any time after hours and weekends. Mr. Loring stated his concerns regarding the DEA allowing C2’s. Mr. Cross stated that a better solution would be for the facility to be licensed as an LTCF.

Motion: Approve the waiver for one year for schedules 2-5 with the use of the advanced monitoring technology and will maintain a nurse, they will explore licensing as a LTCF, motion made by Mr. Cross, seconded by Ms. Buesing, the board voted unanimously to pass the motion.

Walgreen’s Good Faith Dispensing (GFD) Policy A Bustos of Walgreen’s presented a brief overview of Walgreen’s goals and rationale for the GFD. EDole opinioned that the corporate policy does (and has) resulted in delay of dispensing of patient medications and that such activity could result in patient harm. After some discussion, the Committee represents that it is not certain that consideration of this policy falls within the committee charge. The Committee is willing to comment on this policy if so directed by the Board. The Committee recommends that the Board consider potential aspects of patient safety when reviewing this policy.

c. Emily Jerry Foundation: Mr. Christopher Jerry from the Emily Jerry Foundation was present stating his opposition to the change of the pharmacy technician rule 16.19.22 NMAC regarding the ratio changing from the previous four technicians to one pharmacist ratio. As of 6/29/13 the ratio is to be determined by the pharmacist in charge. Mr. Jerry asked the board to reconsider
implementing the ratio back to its original 4-1 ratio.

d. NMAG Rx Drug Abuse Summit: Mr. Loring, Mr. Mazzoni and Ms. Buesing attended the summit. Mr. Loring stated the presentations went well and had a good turnout, also that he is waiting for the AGO to summarizing all the responses that were gathered during the summit. Mr. Mazzoni stated that the AGO did a great job putting on the summit and that the presentation Mr. Loring gave on the PMP was well received…

f. Main Street Family Pharmacy-Newbern, TN: Mr. Loring stated that this is a compounding pharmacy licensed with the board that was discovered to have shipped contaminated sterile products to Roswell. He informed the board that a case will be assigned and brought back to the board.

Ms. Mendez-Harper discussed the NABP Prescription Medication Distribution for Resale – The 5% Rule resolution. This resolution urges stated boards of pharmacy to eliminate “five percent” rules which allow for the transfer, distribution, and sale of prescription drugs between pharmacies for resale or the transfer between pharmacies to wholesalers for resale, or from pharmacists to practitioners for resale.



August 26th and 27th, 2013 Meeting Minutes
New Mexico Board of Pharmacy Regular Board Meeting

h. Walgreen’s Good Faith Dispensing Policy/Inquiry from Congresswoman Michelle Lujan: The board expressed their concerns and made recommendations to the Walgreens representatives regarding communication and education within Walgreens and its pharmacists. In response to into the Walgreen’s Good Faith Dispensing Policy, the final draft is being prepared by Ms. Mendez-Harper, Mr. Cross, Mr. Anderson and Ms. Saavedra…

i. Letter from Retta Ward, NM Secretary of Health: The board will consider Ms. Retta Wards’ request regarding the board enacting regulations that would require all dispensers reporting to the PMP within 24 hours of dispensing controlled substances in order to reduce doctor shopping and dangerous prescribing.

l. 16.19.20 Proposed additions to schedule I: Proposed language regarding additions of hallucinogenic substances to schedule I was discussed and approved.



January 17 – 18, 2013 Board Meeting Agenda (as of January 15, 2013)
New Mexico Board of Pharmacy Regular Board Meeting

a. 16.19.4 (10), (17) NMAC Pharmacists – Every Health care board that has practitioners licensed to write scripts for opioids shall be trained in opioid prescribing practices.

e. FDA – Inter-Governmental Meeting on Pharmacy Compounding

f. Governor’s Pain Council Bill

g. 16.19.29 PMP proposed change

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