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1995 New Mexico Attorney General Reports and Opinions 1 (1995)

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PO Drawer 1508
Santa Fe, New Mexico 87504-1508
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TOM UDALL                                                MANUEL TUERINA
Attorney General                                         Deputy Attorney GeoeraJ
February 24, 1995
OPINION
OF                                       Opinion No. 95-01
TOM UDALL
Attorney General
BY:       Allen Ferguson, Jr.
Assistant Attorney General
TO:       Richard W. Thompson
Executive Director
New Mexico Board of Pharmacy
1650 University Boulevard, NE
Albuquerque, New Mexico 87i2
QUESTIONS:
Does the language in Section 3 (L) of the Uniform Licensing Act
(ULA) (NMSA 1978, Sec. 61-1-3(L), Repl. Pamp. 1993), by itself,
grant the Board of Pharmacy sufficient legal authority to assess
fines:
(1) against pharmacists for violations of the Pharmacy Act
and the Board's regulations?
(2) against  other   (i.e. non-pharmacist)   licensees  or
registrants of the Board of Pharmacy for violations of
any of the statutes enforced by the Board?
CONCLUSIONS:
1. Yes. Section 3(L) of the ULA grants the Board of Pharmacy
authority to fine pharmacist licensees up to $1000.00 for any
violation of the Pharmacy Act or for a violation of provisions of
the Board's rules and regulations for which the Pharmacy Act
authorizes disciplinary action.
2. Yes, with the limitation explained below. Section 3(L) of
the ULA also grants the Board of Pharmacy authority to impose fines
of the same amounts upon non-pharmacist registrants and licensees
over whom the Board has the power to impose other forms of
discipline including license or registration revocation and

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