NO COST-SHARING OF CERTAIN DRUGS

SB0130

SENATE BILL 130

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Martin Hickey

AN ACT

RELATING TO HEALTH CARE; AMENDING THE HEALTH CARE PURCHASING
ACT AND SECTIONS OF THE NEW MEXICO INSURANCE CODE TO PROHIBIT
COST SHARING FOR GENERIC MEDICATIONS USED FOR THE TREATMENT OF
CHOLESTEROL DISORDER, SECOND-LINE STEP THERAPY MEDICATIONS AND
CORONARY ARTERY CALCIUM SCREENING UNDER CERTAIN CIRCUMSTANCES;
BROADENING ELIGIBILITY FOR CORONARY ARTERY CALCIUM SCREENING
AND CHOLESTEROL LIPID PANELS; EXCEPTING CERTAIN PLANS; CREATING
NEW DUTIES FOR THE BOARD OF PHARMACY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 13-7-24 NMSA 1978 (being Laws 2020,
Chapter 79, Section 1) is amended to read:

"13-7-24. [
HEART
]
CORONARY
ARTERY CALCIUM [
SCAN
]

SCREENING AND CHOLESTEROL LIPID PANELS
COVERAGE.--

A. Group health coverage, including any form of
self-insurance, offered, issued or renewed under the Health
Care Purchasing Act shall provide coverage for eligible
insureds to receive a [
heart
]
coronary
artery calcium [
scan
]

screening and cholesterol lipid panels
.

B. Coverage provided pursuant to this section
shall:

(1) be limited to the provision of a [
heart
]

coronary
artery calcium [
scan
]
screening
to an eligible insured

at the discretion of a health care provider
to be used as a
clinical management tool;

(2) be provided every five years if an
eligible insured has previously received a [
heart
]
coronary

artery calcium score of zero; [
and
]

(3) not be required for future [
heart
]

coronary
artery calcium [
scans
]
screenings
if an eligible
insured receives a [
heart
]
coronary
artery calcium score
greater than zero;
and

(4) not impose cost sharing on an eligible
insured over the age of forty-nine, unless the eligible insured
has a strong family history of coronary artery disease or
symptoms that are diagnosed as coronary artery disease by the
eligible insured's health care provider
.

[
C. At its discretion or as required by law, an
insurer may offer or refuse coverage for further cardiac
testing or procedures for eligible insureds based upon the
results of a heart artery calcium scan.

D.
]
C.
The provisions of this section shall not
apply to short-term travel, accident-only or limited or
specified-disease policies, plans or certificates of health
insurance,
catastrophic plans as defined under 42 USCA Section
18022(e) or high-deductible health plans with health savings
accounts until a covered person's deductible has been met,
unless otherwise permitted by federal law
.

[
E.
]
D.
As used in this section:

[
(1) "eligible insured" means an insured who:

(a) is a person between the ages of
forty-five and sixty-five; and

(b) has an intermediate risk of

developing coronary heart disease as determined by a health
care provider based upon a score calculated from an evidence-based algorithm widely used in the medical community to assess
a person's ten-year cardiovascular disease risk, including a
score calculated using a pooled cohort equation;

(2) "health care provider" means a physician,
physician assistant, nurse practitioner or other health care
professional authorized to furnish health care services within
the scope of the professional's license; and

(3) "heart
]
(1) "cholesterol lipid panels"
means blood tests that measure one or more of the following:

(a) total cholesterol;

(b) low-density lipoprotein cholesterol;

(c) high-density lipoprotein
cholesterol;

(d) lipoprotein (a);

(e) triglycerides; and

(f) high-sensitivity c-reactive protein;

(2) "coronary
artery calcium [
scan
]
screening
"
means a computed tomography scan measuring coronary artery
calcium for atherosclerosis and abnormal artery structure and
function;

(3) "cost sharing" means deductibles,
copayments or coinsurance; and

(4) "health care provider" means a physician,
physician assistant, nurse practitioner or other health care
professional authorized to furnish health care services within
the scope of the professional's license
."

SECTION 2.
A new section of the Health Care Purchasing
Act is enacted to read:

"[
NEW MATERIAL
] COVERAGE FOR MEDICATIONS USED FOR THE
TREATMENT OF CHOLESTEROL DISORDER.--

A. Group health coverage, including any form of
self-insurance, offered, issued or renewed under the Health
Care Purchasing Act that provides coverage for cholesterol-lowering medications shall not impose cost sharing on generic
medications.

B. If generic medications fail to lower cholesterol
in the blood to below sixty milligrams per deciliter or
generate adverse reactions not tolerated by the patient, as
determined by the prescribing health care provider, cost
sharing shall not be imposed on second-line step therapy
medications.

C. The provisions of this section do not apply to
excepted benefit plans as provided pursuant to the Short-Term
Health Plan and Excepted Benefit Act, catastrophic plans as
defined pursuant to 42 USCA Section 18022(e) or high-deductible
health plans with health savings accounts until an eligible
insured's deductible has been met, unless otherwise allowed
pursuant to federal law.

D. For the purposes of this section, "cost sharing"
means a copayment, coinsurance, a deductible or any other form
of financial obligation of an enrollee other than a premium or
a share of a premium, or any combination of any of these
financial obligations, as defined by the terms of a group
health plan."

SECTION 3.
Section 27-2-12.31 NMSA 1978 (being Laws 2020,
Chapter 79, Section 2) is amended to read:

"27-2-12.31. [
HEART
]
CORONARY
ARTERY CALCIUM [
SCAN
]

SCREENING AND CHOLESTEROL LIPID PANELS
COVERAGE.--

A. In accordance with federal law, the secretary
shall adopt and promulgate rules that provide medical
assistance coverage for eligible enrollees to receive a [
heart
]

coronary
artery calcium [
scan
]
screening and cholesterol lipid
panels
.

B. Medical assistance coverage provided pursuant to
this section shall:

(1) be limited to the provision of a [
heart
]

coronary
artery calcium [
scan
]
screening
to an eligible
enrollee
at the discretion of a health care provider
to be used
as a clinical management tool;

(2) be provided every five years if an
eligible enrollee has previously received a [
heart
]
coronary

artery calcium score of zero; [
and
]

(3) not be required for future [
heart
]

coronary
artery calcium [
scans
]
screenings
if an eligible
enrollee receives a [
heart
]
coronary
artery calcium score
greater than zero;
and

(4) not impose cost sharing on an eligible

enrollee over the age of forty-nine, unless the eligible
enrollee has a strong family history of coronary artery disease
or symptoms that are diagnosed as coronary artery disease by
the eligible enrollee's health care provider
.

[
C. At its discretion or as required by law, a
managed care organization providing medical assistance may
offer or refuse coverage for further cardiac testing or
procedures for eligible enrollees based upon the results of a
heart artery calcium scan.

D.
]
C.
The provisions of this section shall not
apply to short-term travel, accident-only or limited or
specified-disease policies, plans or certificates of health
insurance,
catastrophic plans as defined under 42 USCA Section
18022(e) or high-deductible health plans with health savings
accounts until a covered person's deductible has been met,
unless otherwise permitted by federal law
.

[
E.
]
D.
As used in this section:

[
(1) "eligible enrollee" means an enrollee
who:

(a) is a person between the ages of
forty-five and sixty-five; and

(b) has an intermediate risk of
developing coronary heart disease as determined by a health
care provider based upon a score calculated from an evidence-based algorithm widely used in the medical community to assess
a person's ten-year cardiovascular disease risk, including a
score calculated using a pooled cohort equation;

(2) "health care provider" means a physician,
physician assistant, nurse practitioner or other health care
professional authorized to furnish health care services within
the scope of the professional's license; and

(3) "heart
]
(1) "cholesterol lipid panels"
means blood tests that measure one or more of the following:

(a) total cholesterol;

(b) low-density lipoprotein cholesterol;

(c) high-density lipoprotein
cholesterol;

(d) lipoprotein (a);

(e) triglycerides; and

(f) high-sensitivity c-reactive protein;

(2) "coronary
artery calcium [
scan
]
screening
"
means a computed tomography scan measuring coronary artery
calcium for atherosclerosis and abnormal artery structure and
function;

(3) "cost sharing" means deductibles,
copayments or coinsurance; and

(4) "health care provider" means a physician,
physician assistant, nurse practitioner or other health care
professional authorized to furnish health care services within
the scope of the professional's license
."

SECTION 4.
A new section of Chapter 59A, Article 22 NMSA
1978 is enacted to read:

"[
NEW MATERIAL
] COVERAGE FOR MEDICATIONS USED FOR THE
TREATMENT OF CHOLESTEROL DISORDER.--

A. An individual or group health insurance policy,
health care plan or certificate of health insurance that is
delivered, issued for delivery or renewed in this state that
provides coverage for cholesterol-lowering medications shall
not impose cost sharing on generic medications.

B. If generic medications fail to lower cholesterol
in the blood to below sixty milligrams per deciliter or
generate adverse reactions not tolerated by the patient, as
determined by the prescribing health care provider, cost
sharing shall not be imposed on second-line step therapy
medication.

C. The provisions of this section do not apply to
excepted benefit plans as provided pursuant to the Short-Term
Health Plan and Excepted Benefit Act, catastrophic plans as
defined pursuant to 42 USCA Section 18022(e) or high-deductible
health plans with health savings accounts until an eligible
insured's deductible has been met, unless otherwise allowed
pursuant to federal law.

D. For the purposes of this section, "cost sharing"
means a copayment, coinsurance, a deductible or any other form
of financial obligation of the enrollee other than a premium or
a share of a premium, or any combination of any of these
financial obligations, as defined by the terms of an individual
or group health insurance policy, health care plan or
certificate of health insurance."

SECTION 5.
Section 59A-23-7.16 NMSA 1978 (being Laws
2020, Chapter 79, Section 3) is amended to read:

"59A-23-7.16. [
HEART
]
CORONARY
ARTERY CALCIUM [
SCAN
]

SCREENING AND CHOLESTEROL LIPID PANELS
COVERAGE.--

A. A group health plan, other than a small group
health plan or a blanket health insurance policy or contract
that is delivered, issued for delivery or renewed in this state
shall provide coverage for eligible insureds to receive a
[
heart
]
coronary
artery calcium [
scan
]
screening and
cholesterol lipid panels
.

B. Coverage provided pursuant to this section
shall:

(1) be limited to the provision of a [
heart
]

coronary
artery calcium [
scan
]
screening
to an eligible insured

at the discretion of a health care provider
to be used as a
clinical management tool;

(2) be provided every five years if an
eligible insured has previously received a [
heart
]
coronary

artery calcium score of zero; [
and
]

(3) not be required for future [
heart
]

coronary
artery calcium [
scans
]
screenings
if an eligible
insured receives a [
heart
]
coronary
artery calcium score
greater than zero;
and

(4) not impose cost sharing on an eligible

insured over the age of forty-nine, unless the eligible insured
has a strong family history of coronary artery disease or
symptoms that are diagnosed as coronary artery disease by the
eligible insured's health care provider
.

[
C. At its discretion or as required by law, an
insurer may offer or refuse coverage for further cardiac
testing or procedures for eligible insureds based upon the
results of a heart artery calcium scan.

D.
]
C.
The provisions of this section do not apply
to short-term travel, accident-only or limited or specified-disease policies, plans or certificates of health insurance,

catastrophic plans as defined under 42 USCA Section 18022(e) or
high-deductible health plans with health savings accounts until
a covered person's deductible has been met, unless otherwise
permitted by federal law
.

[
E.
]
D.
As used in this section:

[
(1) "eligible insured" means an insured who:

(a) is a person between the ages of

forty-five and sixty-five; and

(b) has an intermediate risk of
developing coronary heart disease as determined by a health
care provider based upon a score calculated from an evidence-based algorithm widely used in the medical community to assess
a person's ten-year cardiovascular disease risk, including a
score calculated using a pooled cohort equation;

(2) "health care provider" means a physician,
physician assistant, nurse practitioner or other health care
professional authorized to furnish health care services within
the scope of the professional's license; and

(3) "heart
]
(1) "cholesterol lipid panels"
means blood tests that measure one or more of the following:

(a) total cholesterol;

(b) low-density lipoprotein cholesterol;

(c) high-density lipoprotein
cholesterol;

(d) lipoprotein (a);

(e) triglycerides; and

(f) high-sensitivity c-reactive protein;

(2) "coronary
artery calcium [
scan
]
screening
"
means a computed tomography scan measuring coronary artery
calcium for atherosclerosis and abnormal artery structure and
function;

(3) "cost sharing" means deductibles,
copayments or coinsurance; and

(4) "health care provider" means a physician,
physician assistant, nurse practitioner or other health care
professional authorized to furnish health care services within
the scope of the professional's license
."

SECTION 6.
A new section of Chapter 59A, Article 23 NMSA
1978 is enacted to read:

"[
NEW MATERIAL
] COVERAGE FOR MEDICATIONS USED FOR THE
TREATMENT OF CHOLESTEROL DISORDER.--

A. A group or blanket health insurance policy,
health care plan or certificate of health insurance that is
delivered, issued for delivery or renewed in this state that
provides coverage for cholesterol-lowering medications shall
not impose cost sharing on generic medications.

B. If generic medications fail to lower cholesterol
in the blood to below sixty milligrams per deciliter or
generate adverse reactions not tolerated by the patient, as
determined by the prescribing health care provider, cost
sharing shall not be imposed on second-line step therapy
medications.

C. The provisions of this section do not apply to
excepted benefit plans as provided pursuant to the Short-Term
Health Plan and Excepted Benefit Act, catastrophic plans as
defined pursuant to 42 USCA Section 18022(e) or high-deductible
health plans with health savings accounts until an eligible
insured's deductible has been met, unless otherwise allowed
pursuant to federal law.

D. For the purposes of this section, "cost sharing"

means a copayment, coinsurance, a deductible or any other form

of financial obligation of an insured other than a premium or a

share of a premium, or any combination of any of these

financial obligations, as defined by the terms of a group or

blanket health insurance policy, health care plan or

certificate of health insurance."

SECTION 7.
Section 59A-46-50.5 NMSA 1978 (being Laws
2020, Chapter 79, Section 4) is amended to read:

"59A-46-50.5. [
HEART
]
CORONARY
ARTERY CALCIUM [
SCAN
]

SCREENING AND CHOLESTEROL LIPID PANELS
COVERAGE.--

A. A group health maintenance organization
contract, other than a small group health maintenance
organization contract, that is delivered, issued for delivery
or renewed in this state shall provide coverage for eligible
enrollees to receive a [
heart
]
coronary
artery calcium [
scan
]

screening and cholesterol lipid panels
.

B. Coverage provided pursuant to this section
shall:

(1) be limited to the provision of a [
heart
]

coronary
artery calcium [
scan
]
screening
to an eligible
enrollee
at the discretion of a health care provider
to be used
as a clinical management tool;

(2) be provided every five years if an
eligible enrollee has previously received a [
heart
]
coronary

artery calcium score of zero; [
and
]

(3) not be required for future [
heart
]

coronary
artery calcium [
scans
]
screenings
if an eligible
enrollee receives a [
heart
]
coronary
artery calcium score
greater than zero;
and

(4) not impose cost sharing on an eligible
enrollee over the age of forty-nine, unless the eligible
enrollee has a strong family history of coronary artery disease
or symptoms that are diagnosed as coronary artery disease by
the eligible enrollee's health care provider
.

[
C. At its discretion or as required by law, a
carrier may offer or refuse coverage for further cardiac
testing or procedures for eligible enrollees based upon the
results of a heart artery calcium scan.

D.
]
C.
The provisions of this section do not apply
to short-term travel, accident-only or limited or specified-disease policies, plans or certificates of health insurance,

catastrophic plans as defined under 42 USCA Section 18022(e) or
high-deductible health plans with health savings accounts until
a covered person's deductible has been met, unless otherwise
permitted by federal law
.

[
E.
]
D.
As used in this section:

[
(1) "eligible enrollee" means an enrollee

who:

(a) is a person between the ages of
forty-five and sixty-five; and

(b) has an intermediate risk of
developing coronary heart disease as determined by a health
care provider based upon a score calculated from an evidence-based algorithm widely used in the medical community to assess
a person's ten-year cardiovascular disease risk, including a
score calculated using a pooled cohort equation;

(2) "health care provider" means a physician,
physician assistant, nurse practitioner or other health care
professional authorized to furnish health care

services within
the scope of the professional's license; and

(3) "heart
]
(1) "cholesterol lipid panels"
means blood tests that measure one or more of the following:

(a) total cholesterol;

(b) low-density lipoprotein cholesterol;

(c) high-density lipoprotein
cholesterol;

(d) lipoprotein (a);

(e) triglycerides; and

(f) high-sensitivity c-reactive protein;

(2) "coronary
artery calcium [
scan
]
screening
"
means a computed tomography scan measuring coronary artery
calcium for atherosclerosis and abnormal artery structure and
function;

(3) "cost sharing" means deductibles,
copayments or coinsurance; and

(4) "health care provider" means a physician,
physician assistant, nurse practitioner or other health care
professional authorized to furnish health care services within
the scope of the professional's license
."

SECTION 8.
A new section of the Health Maintenance
Organization Law is enacted to read:

"[
NEW MATERIAL
] COVERAGE FOR MEDICATIONS USED FOR THE
TREATMENT OF CHOLESTEROL DISORDER.--

A. An individual or group health maintenance
organization contract that is delivered, issued for delivery or
renewed in this state that provides coverage for cholesterol-lowering medications shall not impose cost sharing on generic
medications.

B. If generic medications fail to lower cholesterol
in the blood to below sixty milligrams per deciliter or
generate adverse reactions not tolerated by the patient, as
determined by the prescribing health care provider, cost
sharing shall not be imposed on second-line step therapy
medications.

C. The provisions of this section do not apply to
excepted benefit plans as provided pursuant to the Short-Term
Health Plan and Excepted Benefit Act, catastrophic plans as
defined pursuant to 42 USCA Section 18022(e) or high-deductible
health plans with health savings accounts until an eligible
insured's deductible has been met, unless otherwise allowed
pursuant to federal law.

D. For the purposes of this section, "cost sharing"
means a copayment, coinsurance, a deductible or any other form
of financial obligation of an enrollee other than a premium or
a share of a premium, or any combination of any of these
financial obligations, as defined by the terms of an individual
or group health maintenance organization contract."

SECTION 9.
Section 59A-47-45.7 NMSA 1978 (being Laws
2020, Chapter 79, Section 5) is amended to read:

"59A-47-45.7. [
HEART
]
CORONARY
ARTERY CALCIUM [
SCAN
]

SCREENING AND CHOLESTEROL LIPID PANELS
COVERAGE.--

A. A group health care plan, other than a small
group health care plan, that is delivered, issued for delivery
or renewed in this state shall provide coverage for eligible
subscribers to receive a [
heart
]
coronary
artery calcium [
scan
]

screening and cholesterol lipid panels
.

B. Coverage provided pursuant to this section
shall:

(1) be limited to the provision of a [
heart
]

coronary
artery calcium [
scan
]
screening
to an eligible
subscriber
at the discretion of a health care provider
to be
used as a clinical management tool;

(2) be provided every five years if an
eligible subscriber has previously received a [
heart
]
coronary

artery calcium score of zero; [
and
]

(3) not be required for future [
heart
]

coronary
artery calcium [
scans
]
screenings
if an eligible
subscriber receives a [
heart
]
coronary
artery calcium score
greater than zero;
and

(4) not impose cost sharing on an eligible
subscriber over the age of forty-nine, unless the eligible
subscriber has a strong family history of coronary artery
disease or symptoms that are diagnosed as coronary artery
disease by the eligible subscriber's health care provider
.

[
C. At its discretion or as required by law, a
health care plan may offer or refuse coverage for further
cardiac testing or procedures for eligible subscribers based
upon the results of a heart artery calcium scan.

D.
]
C.
The provisions of this section do not apply
to short-term travel, accident-only or limited or specified-disease policies, plans or certificates of health insurance,

catastrophic plans as defined under 42 USCA Section 18022(e) or
high-deductible health plans with health savings accounts until
a covered person's deductible has been met, unless otherwise
permitted by federal law
.

[
E.
]
D.
As used in this section:

[
(1) "eligible subscriber" means a subscriber

who:

(a) is a person between the ages of
forty-five and sixty-five; and

(b) has an intermediate risk of
developing coronary heart disease as determined by a health
care provider based upon a score calculated from an evidence-based algorithm widely used in the medical community to assess
a person's ten-year cardiovascular disease risk, including a
score calculated using a pooled cohort equation;

(2) "health care provider" means a physician,
physician assistant, nurse practitioner or other health care
professional authorized to furnish health care services within
the scope of the professional's license; and

(3) "heart
]
(1) "cholesterol lipid panels"
means blood tests that measure one or more of the following:

(a) total cholesterol;

(b) low-density lipoprotein cholesterol;

(c) high-density lipoprotein
cholesterol;

(d) lipoprotein (a);

(e) triglycerides; and

(f) high-sensitivity c-reactive protein;

(2) "coronary
artery calcium [
scan
]
screening
"
means a computed tomography scan measuring coronary artery
calcium for atherosclerosis and abnormal artery structure and
function;

(3) "cost sharing" means deductibles,
copayments or coinsurance; and

(4) "health care provider" means a physician,
physician assistant, nurse practitioner or other health care
professional authorized to furnish health care services within
the scope of the professional's license
."

SECTION 10.
A new section of the Nonprofit Health Care
Plan Law is enacted to read:

"[
NEW MATERIAL
] COVERAGE FOR MEDICATIONS USED FOR THE
TREATMENT OF CHOLESTEROL DISORDER.--

A. An individual or group health care plan that is
delivered, issued for delivery or renewed in this state that
provides coverage for cholesterol-lowering medications shall
not impose cost sharing on generic medications.

B. If generic medications fail to lower cholesterol
in the blood to below sixty milligrams per deciliter or
generate adverse reactions not tolerated by the patient, as
determined by the prescribing health care provider, cost
sharing shall not be imposed on second-line step therapy
medications.

C. The provisions of this section do not apply to
excepted benefit plans as provided pursuant to the Short-Term
Health Plan and Excepted Benefit Act, catastrophic plans as
defined pursuant to 42 USCA Section 18022(e) or high-deductible
health plans with health savings accounts until an eligible
insured's deductible has been met, unless otherwise allowed
pursuant to federal law.

D. For the purposes of this section, "cost sharing"

means a copayment, coinsurance, a deductible or any other form

of financial obligation of a subscriber other than a premium or

a share of a premium, or any combination of any of these

financial obligations, as defined by the terms of an individual

or group health care plan."

SECTION 11.
Section 61-11-6 NMSA 1978 (being Laws 1969,
Chapter 29, Section 5, as amended) is amended to read:

"61-11-6. POWERS AND DUTIES OF BOARD.--

A. The board shall:

(1) promulgate rules in accordance with the
provisions of the State Rules Act to carry out the provisions
of the Pharmacy Act in accordance with the provisions of the
Uniform Licensing Act;

(2) provide for examinations of applicants for
licensure as pharmacists;

(3) provide for the issuance and renewal of
licenses for pharmacists;

(4) require and establish criteria for
continuing education as a condition of renewal of licensure for
pharmacists;

(5) provide for the issuance and renewal of
licenses for pharmacist interns and for their training,
supervision and discipline;

(6) provide for the licensing of retail
pharmacies, nonresident pharmacies, wholesale drug
distributors, drug manufacturers, hospital pharmacies, nursing
home drug facilities, industrial and public health clinics and
all places where dangerous drugs are stored, distributed,
dispensed or administered and provide for the inspection of the
facilities and activities;

(7) enforce the provisions of all laws of the
state pertaining to the practice of pharmacy and the
manufacture, production, sale or distribution of drugs or
cosmetics and their standards of strength and purity;

(8) conduct hearings upon charges relating to
the discipline of a registrant or licensee or the denial,
suspension or revocation of a registration or a license in
accordance with the Uniform Licensing Act;

(9) cause the prosecution of any person
violating the Pharmacy Act, the New Mexico Drug, Device and
Cosmetic Act or the Controlled Substances Act;

(10) keep a record of all proceedings of the
board;

(11) make an annual report to the governor;

(12) appoint and employ, in the board's
discretion, a qualified person who is not a member of the board
to serve as executive director and define the executive
director's duties and responsibilities; except that the power
to deny, revoke or suspend any license or registration
authorized by the Pharmacy Act shall not be delegated by the
board;

(13) appoint and employ inspectors necessary
to enforce the provisions of all acts under the administration
of the board, which inspectors shall be pharmacists and have
all the powers and duties of peace officers;

(14) provide for other qualified employees
necessary to carry out the provisions of the Pharmacy Act;

(15) have the authority to employ a competent
attorney to give advice and counsel in regard to any matter
connected with the duties of the board, to represent the board
in any legal proceedings and to aid in the enforcement of the
laws in relation to the pharmacy profession and to fix the
compensation to be paid to the attorney; provided, however,
that the attorney shall be compensated from the money of the
board, including that provided for in Section 61-11-19 NMSA
1978;

(16) register and regulate qualifications,
training and permissible activities of pharmacy technicians;

(17) provide a registry of all persons
licensed as pharmacists or pharmacist interns in the state;

(18) promulgate rules that prescribe the
activities and duties of pharmacy owners and pharmacists in the
provision of pharmaceutical care, emergency prescription
dispensing, drug regimen review and patient counseling in each
practice setting;

(19) promulgate, after approval by the New
Mexico medical board and the board of nursing, rules and
protocols for the prescribing of dangerous drug therapy,
including vaccines and immunizations, and the appropriate
notification of the primary or appropriate physician of the
person receiving the dangerous drug therapy; [
and
]

(20) have the authority to authorize emergency
prescription dispensing;
and

(21) promulgate rules and establish protocols
for the assessment of cardiovascular risk and the prescribing
of lipid-lowering or cardiovascular plaque-reducing dangerous
drug therapies based on a person's level of cardiovascular risk
in accordance with standards of care
.

B. The board may:

(1) delegate its authority to the executive
director to issue temporary licenses as provided in Section
61-11-14 NMSA 1978;

(2) provide by rule for the electronic
transmission of prescriptions; and

(3) delegate its authority to the executive
director to authorize emergency prescription dispensing
procedures during civil or public health emergencies."

SECTION 12.
APPLICABILITY.--The provisions of this act
apply to group health insurance policies, health care plans or
certificates of health insurance that are delivered, issued for
delivery or renewed in this state on or after January 1, 2027.

SECTION 13.
EFFECTIVE DATE.--The effective date of the

provisions of this act is January 1, 2027.

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