2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 11 - Pharmacy
Section 61-11-9 - Qualifications for licensure as a pharmacist by examination. (Repealed effective July 1, 2024.)
A. An applicant for licensure as a pharmacist by examination shall:
(1) have reached the age of majority and not be addicted to the use of drugs or alcohol;
(2) be a graduate of a school or college of pharmacy approved by the board;
(3) have not less than one year of experience under the direction of a pharmacist in accordance with the programs of supervised training established by regulation of the board;
(4) pass an examination approved by the board; and
(5) pass an examination approved by the board, which examination shall be based on federal and state drug laws and regulations.
B. Any person who is a graduate of a foreign school of pharmacy may be eligible for licensure as a pharmacist upon successful completion of an equivalency examination program approved by the board.
C. The board shall issue a license when the applicant's application has been filed with and approved by the board and the applicant has paid the required fees and has met the requirements of this section.
History: 1953 Comp., § 67-9-40, enacted by Laws 1969, ch. 29, § 8; 1973, ch. 32, § 1; 1992, ch. 19, § 4; 1997, ch. 131, § 9.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-11-29 NMSA 1978.
Cross references. — For age of majority, see 28-6-1 NMSA 1978.
The 1997 amendment, effective June 20, 1997, substituted "licensure" for "registration" in the section heading and in the introductory language of Subsection A; in Subsection A, substituted "alcohol" for "alcoholic liquors" in Paragraph (1), rewrote Paragraph (2), in Paragraph (4), substituted "approved" for "prepared and administered" and deleted "which examination shall be based on the subjects and minimum grading standards as set forth in the bylaws of the national association of boards of pharmacy" following "board", and substituted "approved" for "prepared and administered" in Paragraph (5); in Subsection B, substituted "approved by the board" for "and an examination on New Mexico laws and board regulations" and deleted the second sentence, which read: "The board shall adopt regulations that define the content of the examinations"; and rewrote Subsection C.
The 1992 amendment, effective May 20, 1992, substituted "be a graduate of" for "hold a degree in pharmacy from" in Subsection A(2), made minor stylistic changes in Subsection A(4), added Subsection A(5), added present Subsection B, redesignated former Subsection B as present Subsection C, and substituted "issue a license" for "issue him a certificate of registration" and "passed the required examinations" for "passed an examination" in Subsection C.
No "right" exists in anyone to be licensed by the board of pharmacy unless the applicant complies with applicable statutes, rules and regulations. 1958 Op. Att'y Gen. No. 58-219.
Proof of qualifications. — Since under former law the applicant was to "submit to the board of pharmacy proof of his qualifications," the board could set the type of proof required in order to determine whether there was compliance with the law, and it could investigate the proof submitted for that purpose. 1955 Op. Att'y Gen. No. 55-6188.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drugs, Narcotics and Poisons § 75.
28 C.J.S. Drugs and Narcotics § 29 et seq.
