N.M. Stat. § 26-4-4
Wholesale prescription drug importation program created.
The department, in consultation with the committee, shall design a "wholesale
prescription drug importation program" that complies with the applicable requirements of
21 U.S.C. Section 384, including the requirements regarding safety and cost savings.
The department shall explore all potential mechanisms, to the extent allowable under
law, for the importation of eligible prescription drugs. The program design shall:
A. contract with one or more state drug wholesalers to seek federal certification and
approval to import safe, eligible prescription drugs from Canadian suppliers and provide
significant prescription drug cost savings to New Mexico consumers;
B. allow the importation of eligible prescription drugs sold by Canadian suppliers;
C. ensure that only eligible prescription drugs meeting the United States food and
drug administration's safety, effectiveness and other standards are imported by or on
behalf of the state;
D. import only those eligible prescription drugs expected to generate substantial
savings for New Mexico consumers;
E. ensure that, with respect to eligible prescription drugs to be imported pursuant to
the program, the program and the state drug wholesaler comply with the tracking,
tracing, verification and identification requirements of 21 U.S.C. Sections 360eee and
360eee-1;
F. prohibit the distribution, dispensing or sale of eligible prescription drugs imported
pursuant to the Wholesale Prescription Drug Importation Act outside the exterior
boundaries of the state;
G. recommend a charge per prescription or another method of support to ensure
that the program is funded adequately in a manner that does not jeopardize significant
consumer savings; and
H. include an audit function.
- Cross-references to the US Code
- 21:384