New Mexico pharmacies would keep opioid treatment medicine in stock

Retail pharmacies that stock controlled drugs would keep reserves of buprenorphine, a medicine used to treat opioid use disorder. The rules would cover pharmacies physically located and licensed in New Mexico. Pharmacies outside the community-based category would keep stocking calculations for at least three years and make them available for inspection. Community-based pharmacies would keep at least one prescription’s worth. Other covered pharmacies would keep their average daily supply plus at least three prescriptions, including one buprenorphine-only prescription and one combined with naloxone. Community-based pharmacies must serve the public. They cannot be owned by government, hospitals, companies that own hospitals, or pharmacy chains with stores outside New Mexico. They also cannot be extensions of medical practices or special facilities, or mail-order pharmacies. One prescription’s worth means enough tablets or film for 24 milligrams daily for two weeks. Average daily stock would match the forms, doses, and brands dispensed during the previous 30 days. A pharmacy would avoid a stocking violation by ordering enough replacement medicine or requesting a higher distributor allowance within three days of the shortage. If approved, it must order within three days of approval; denial also excuses the shortage. Violations caused solely by a distributor would not bring pharmacy penalties. The proposal specified September 1, 2026, as its start date. Covered pharmacies outside the community-based category would recalculate their average daily supply at least every 30 days.

Wholesale drug distributors would report supply problems to the pharmacy board, which would share the data with the Department of Health. The reporting duty would cover drug distributors licensed in New Mexico. The Department of Health would publish information about supply problems, reported reasons, and affected areas without identifying individual pharmacies. Reports would cover full or partial buprenorphine order denials, delays caused by a pharmacy’s supply limit, and refusals to raise that limit. They would identify affected pharmacies, relevant dates, and reasons. Public access reports would protect pharmacy identities and follow privacy laws. When officials must release distributor report information, they would remove details that could identify individual pharmacies. The board could give distributors a notice for a first violation. A second violation, or a later violation within 36 months of the previous violation, could bring a fine of up to $10,000. The board could give pharmacies notices for their first two violations. A third violation, or a later violation within 36 months of the previous violation, could bring a required correction plan. The proposal specified September 1, 2026, as its start date. Distributors would report monthly, and the Department of Health would publish access reports twice a year.

The proposal would set aside $1.5 million from the state general fund for the Health Care Authority to raise Medicaid payments for buprenorphine prescriptions. The money would support higher payment rates for buprenorphine prescriptions covered by Medicaid. Any money left at the end of fiscal year 2027 would return to the state general fund. The money would be available for spending in fiscal year 2027. The proposal specified September 1, 2026, as its effective date.