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The Following Legislation was passed
and signed by the Governor.
Bill: HB88
Sponsors: Picraux
Title: 340B FEDERAL DRUG PRICING PROGRAM
Analysis: Introduced 01/21/2004 — In an effort to reduce the cost of prescription drugs for Medicaid recipients, the Human Services Department is required to
carry out program changes to ensure that all eligible entities participate in the 340B federal drug pricing program.
HCPAC Committee Substitute 01/30/2004 — HCPAC substitute for HB88 is identical to SB264, which
requires that all programs, clinics, hospitals and other healthrelated centers and entities that are eligible under Sec. 340B of the federal Public Health Services Act shall participate in the Sec. 340B federal prescription
drug price discount program. An exception will be granted to any entity that can demonstrate that it receives another prescription drug price discount that results in greater savings to the state than would be available through
the 340B program.
Status: 03/03/2004 – Signed by the Governor
Bill: HB254
Sponsors: Beam
Title: IMMUNIZATION ACT
Analysis: Introduced 01/26/2004 — (Identical to SB203) Creates the Immunization Act, requiring the Department of Health, in conjunction with the Human Services
Department, to establish and maintain a state immunization registry.
Immunization information is to be reported to the registry by health care providers unless the patient refuses to allow reporting of the information.
Access to the registry is limited to primary care physicians, nurses, school nurses and other appropriate health care providers.
HCPAC Committee Report 02/06/2004 — HCPAC amendment to HB254 makes reporting by
health care providers to the Immunization Registry optional rather than mandatory. Adds protection from liability for persons using immunization information as authorized by the Immunization Act.
House Floor Amendment
02/09/2004 — House floor amendment to HB254 allows a managed care organization to have access to information in the Immunization Registry, but only for its enrollees.
Status: 03/03/2004 – Signed by the Governor
Bill: HB581
Sponsors: Picraux
Title: NEW MEXICO TELEHEALTH ACT
Analysis: HCPAC Committee Substitute 02/11/2004 — HCPAC substitute for HB581 (replaces a dummy bill) creates the New Mexico Telehealth Act to provide a framework
for health care providers to follow in providing telehealth to New Mexico citizens. Telehealth is the use of electronic information, imaging and communication technologies to provide health care services when distance separates
the patient and the health care provider.
The act recognizes and strongly encourages the delivery of health care via telehealth; and provides that no health care provider shall be disciplined for or discouraged from
participating in telehealth pursuant to the New Mexico Telehealth Act; but does not require inclusion of telehealth in the plan or policy offered by any health insurer, HMO, managed care organization, provider service
organization or the state’s medical assistance program.
Status: 03/03/2004 – Signed by the Governor
Bill: SB34
Sponsors: Lopez; Komadina
Title: COMPREHENSIVE STRATEGIC HEALTH PLAN
Analysis: Introduced 01/20/2004 — (For the Legislative Health and Human Services Committee) Directs the Department of Health, with the Health Policy Commission
and other state agencies, to develop and publish by July 1, 2004 (and July 1 of subsequent evennumbered years) a comprehensive strategic plan for health that emphasizes prevention, personal responsibility, access and quality.
SPAC Committee Report 01/31/2004 — SPAC amendment to SB34 requires that the Department of Health include pharmaceutical manufacturers, managed care organizations, major insurers, the Human Services Department, the
Children, Youth and Families Department and the State Agency on Aging in its development of a comprehensive strategic plan for health. Among the areas to be addressed in the plan, special attention is called to the disparities
that currently exist for different population groups; a continuum of care model is expanded to include public health and emergency medical services; and planning and response to public health emergencies is added.
Status: 03/03/2004 – Signed by the Governor
Bill: SB536
Sponsors: Papen
Title: PRESCRIPTION DRUG PROGRAMS AND FEES
Analysis: Introduced 02/04/2004 — Amends the Pharmacy Act to require a license, with an annual fee of up to $5,000, for a wholesale drug distributor, nonresident
pharmacy, drug manufacturer or drug warehouse. The license fee shall not exceed $1,000 if Title 18 of the federal Social Security Act provides a prescription drug program for seniors.
Requires that a pharmaceutical sales
representative who carries dangerous drugs shall provide the Pharmacy Board with a written statement from his employer that describes the employers’ safety and security policy and compliance with the federal Prescription
Drug Marketing Act of 1987.
Provides that of amounts paid into the Pharmacy Fund for license fees, 50 percent shall be used for a prescription drug program for seniors; 40 percent shall be used for a prescription drug
program for lowincome persons; and 10 percent shall remain available to meet the administrative and enforcement expenses of the Pharmacy Board.
SPAC Committee Report 02/11/2004 — SPAC amendment to SB536 reduces
license fee from $5,000 to $4,000 and provides that it would not exceed $1,000 upon implementation of a Medicare prescription drug program under the act passed by Congress last year. Instead of the 504010 percent split of the
Pharmacy Fund in the bill, the amendment provides that 15 percent would be spent for enforcement and administration of the Pharmacy Act, 65 percent for a drug program for those over age 65, and 20 percent for a drug program for
lowincome persons. Bill now moves to SFC.
SFC Committee Report 02/13/2004 — SFC substitute for SB536 removes nonresident pharmacies from the list of entities required to pay the new fee and reinstates the $5,000
maximum. Simplifies provision for use of the new fees by providing that all amounts shall be used for a seniors’ prescription dug program.
As substituted the bill amends the Pharmacy Act to require a license, with an
annual fee of up to $5,000, for a wholesale drug distributor, drug manufacturer or drug warehouse. The license fee shall not exceed $1,000 upon implementation of a Medicare prescription drug program under the act passed by
Congress last year. Amounts paid into the Pharmacy Fund shall be used for a prescription drug program for persons over the age of 65.
Requires that a pharmaceutical sales representative who carries dangerous drugs shall
provide the Pharmacy Board with a written statement from his employer that describes the employers’ safety and security policy and compliance with the federal Prescription Drug Marketing Act of 1987.
SFC Committee
Substitute 02/13/2004 — SFC substitute for SB536 removes nonresident pharmacies from the list of entities required to pay the new fee and reinstates the $5,000 maximum. Simplifies provision for use of the new fees by
providing that all amounts shall be used for a seniors’ prescription dug program.
As substituted the bill amends the Pharmacy Act to require a license, with an annual fee of up to $5,000, for a wholesale drug
distributor, drug manufacturer or drug warehouse. The license fee shall not exceed $1,000 upon implementation of a Medicare prescription drug program under the act passed by Congress last year. Amounts paid into the Pharmacy
Fund shall be used for a prescription drug program for persons over the age of 65.
Requires that a pharmaceutical sales representative who carries dangerous drugs shall provide the Pharmacy Board with a written statement
from his employer that describes the employers’ safety and security policy and compliance with the federal Prescription Drug Marketing Act of 1987.
Status: 03/03/2004 – Signed by the Governor
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