NMBOP: 16.19.23 PARENTAL RESPONSIBILITY ACT – COMPLIANCE

Question 1

“Applicant”

Answer 1

“Applicant” means an individual seeking a license or registration issued by the board of pharmacy pursuant to either the Pharmacy Act, Controlled Substance Act or Drug Precursor Act.

Question 2

“HSD”

Answer 2

“HSD” means the New Mexico Human Services Department.

Question 3

“License”

Answer 3

“License” means a license or registration issued to an individual by the board of pharmacy pursuant to either the Pharmacy Act, Controlled Substance Act or Drug Precursor Act.

Question 4

“Licensee”

Answer 4

“Licensee” means an individual holding any license issued by the board of pharmacy or an individual registrant holding any registration issued by the board of pharmacy.

Question 5

“Statement of compliance”

Answer 5

“Statement of compliance” means a certified statement from HSD stating that an applicant or licensee is in compliance with a judgment and order for support.

Question 6

“Statement of non-compliance”

Answer 6

“Statement of non-compliance” means a certified statement from HSD stating that an applicant or licensee is not in compliance with a judgment and order for support.

Question 7

DISCIPLINARY ACTION: If an applicant or licensee is not in compliance with a judgment and order for support, the board:

Answer 7

A. shall deny an application for a license;

B. shall deny the renewal of a license; and

C. has grounds for suspension or revocation of the license.

Question 8

Q: What does HSD provide to the board regarding child support compliance?

Answer 8

A: HSD shall provide the board with a certified list of obligors not in compliance with a judgment and order for child support on a monthly basis. The board shall report to HSD the names of applicants and licensees who are on the certified list and the action the board has taken in connection with such applicants and licensees.

Question 9

Q: What initial actions does the board take upon determining that an applicant or licensee appears on the certified list?

Answer 9

A: Upon determination that an applicant or licensee appears on the certified list, the board shall:

1. Commence a formal proceeding under section 11 of part 23 to take the appropriate action under section 8 of part 23; or
2. For current licensees only, informally notify the licensee that their name is on the certified list and that they must provide the board with a subsequent statement of compliance from HSD by the earlier of the application for license renewal or a specified date not to exceed sixty (60) days. If the licensee fails to provide this statement, the board shall commence a formal proceeding under section 11 of part 23

Question 10

Q: What is required of the board before taking any action specified in section 8 of part 23?

Answer 10

A: Prior to taking any action specified in section 8 of part 23, the board shall serve a written notice to the applicant or licensee stating that:

1. The board has grounds to take such action, and the board shall take such action unless the licensee or applicant:
   
   • (1) Mails a letter (certified mail return receipt requested) within twenty (20) days after service of the notice requesting a hearing; or
   • (2) Provides the board, within thirty (30) days of the date of the notice, with a statement of compliance from HSD;
2. If the applicant or licensee disagrees with the determination of non-compliance or wishes to come into compliance, they should contact the HSD child support enforcement division.

Question 11

Q: What evidence is considered in a hearing under this section?

Answer 11

A: In a hearing under this section, relevant evidence is limited to:

1. A statement of non-compliance, which is conclusive evidence that requires the board to take the appropriate action under section 8 of part 23, unless
2. The applicant or licensee provides the board with a subsequent statement of compliance, which shall preclude the board from taking any action under this part.

Question 12

Q: What should the board’s order state when a disciplinary action is taken due to non-compliance with a support judgment?

Answer 12

A: When a disciplinary action is taken solely because the applicant or licensee is not in compliance with a judgment and order for support, the board’s order shall state that the application or license shall be reinstated upon presentation of a subsequent statement of compliance. The board may also include any other conditions necessary to comply with board requirements for reapplications or reinstatement of lapsed licenses.