16.16.8 NMAC
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 16 OPTOMETRIC PRACTITIONERS
PART 8 DEA REGISTRATION REQUIREMENTS
16.16.8.1 ISSUING AGENCY: New Mexico Board of [Examiners in] Optometry [2550 Cerrillos Road, Santa Fe, New Mexico 87505 (505)476-4945].
[10-14-95; 16.16.8.1 NMAC - Rn, 16 NMAC 16.8.1, 03-15-2001; A, 03-22-2008; A, xx-xx-xxxx]
16.16.8.2 SCOPE: Part 8 of Chapter 16 applies to all New Mexico licensees certified by the Board to use and dispense oral pharmaceuticals who intend to dispense and prescribe controlled dangerous substances as provided in NMSA 1978 Section 61-2-10.2 (1995 Repl. Pamp.).
[10-14-95; 16.16.8.2 NMAC - Rn, 16 NMAC 16.8.2, 03-15-2001]
16.16.8.3 STATUTORY AUTHORITY: The authority for Part 8 of Chapter 16 is NMSA 1978, Section 61-2-10.2, Section 61-2-14.A, Section 61-2-6.D. (2) (1995 Repl. Pamp.).
[10-14-95; 16.16.8.3 NMAC - Rn, 16 NMAC 16.8.3, 03-15-2001]
16.16.8.4 DURATION: Permanent.
[10-14-95; 16.16.8.4 NMAC - Rn, 16 NMAC 16.8.4, 03-15-2001]
16.16.8.5 EFFECTIVE DATE: October 14, 1995, unless a later date is cited at the end of a section.
[10-14-95; 10-15-97; 16.16.8.5 NMAC - Rn, 16 NMAC 16.8.5, 03-15-2001; A, 03-22-2008]
16.16.8.6 OBJECTIVE: The objective of Part 8 of Chapter 16 is to inform the qualified optometrist of the procedures which must be completed by the Board, the Board of Pharmacy, and the certified optometrist before the optometrist can receive a registration from the New Mexico Board of Pharmacy and the United States Drug Enforcement Administration to administer, dispense, and prescribe dangerous controlled substances in the treatment and management of ocular disease as provided in NMSA 1978 Section 61-2-10.2 (1995 Repl. Pamp.).
[10-14-95; 1616.8.6 NMAC - Rn, 16 NMAC 16.8.6, 03-15-2001]
16.16.8.7 DEFINITIONS:
A. “DEA” means the United States Drug Enforcement Administration.
B. “dangerous controlled substances’ means a drug or substance listed in Schedules I through V of the Controlled Substances Act.
C. “Board of Pharmacy” means the New Mexico Board of Pharmacy.
[10-14-95; 16.16.8.7 NMAC - Rn, 16 NMAC 16.8.7, 03-15-2001]
16.16.8.8 PRE-DEA REGISTRATION REQUIREMENTS:
A. Any New Mexico licensed optometrist, qualified and certified by the Board as provided in 16.16.7.11 NMAC, who elects to administer, dispense, and/or prescribe oral pharmaceutical agents categorized as dangerous controlled substances in the treatment and management of ocular disease, must first register with the New Mexico Board of Pharmacy and the United States Drug Enforcement Administration (DEA).
B. The DEA must first review the Optometry Act provisions which authorize, and the Board regulations which administer and enforce the dispensing and prescribing controlled dangerous substances to ensure compliance with federal laws.
C. The DEA must officially recognize to the Board that New Mexico optometrists, properly qualified and certified by the Board, will be eligible by federal law to receive a DEA registration.
D. Upon receipt of official recognition and authorization from the DEA, the Board will send the Board of Pharmacy an official list, as required by the Board of Pharmacy, of all Board licensees who have met the required qualifications and have received the proper Board certification as provided by Section 61-2-10.2 of the Optometry Act.
E. The Board of Pharmacy will send applications for State registration for dangerous controlled substances only to optometrists officially listed by the Board as certified for prescriptive authority of controlled substances.
[10-14-95; 16.16.8.8 NMAC - Rn, 16 NMAC 16.8.8, 03-15-2001]
16.16.8.9 DEA REGISTRATION REQUIREMENTS FOR CERTIFIED OPTOMETRISTS:
A. Upon completion of the Board of Pharmacy's requirements, and upon receipt of a New Mexico registration for controlled substances from the Board of Pharmacy, the qualified optometrist [may] shall apply for a DEA registration number from the DEA.
B. The DEA will issue a qualified, certified New Mexico licensed optometrist a DEA registration number only after the optometrist has been issued a New Mexico controlled substance registration by the Board of Pharmacy.
C. Upon receipt of a DEA registration number, the optometrist may administer, dispense, and/or prescribe dangerous controlled substances as provided in 16.16.7 NMAC for the treatment and management of ocular disease.
[10-14-95; 10-15-97; 16.16.8.9 NMAC - Rn, 16 NMAC 16.8.9, 03-15-2001; A, xx-xx-xxxx]
HISTORY of 16.16.8 NMAC:
Pre-NMAC History: None.
History of Repealed Material: [Reserved]
Other History:
16 NMAC 16.8, DEA Registration Requirements, filed 9-21-95, renumbered and reformatted to 16.16.8 NMAC, DEA Registration Requirements, effective 03-15-2001.
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