Proposed 2019 NM Legislation: AN ACT: Veterinary Medicine Access To The Medical Cannabis Program

Bill Summary:
This legislation will allow cannabis to be discussed for medical purposes on animals. This bill will not allow a veterinary practice to sell or administer cannabis.

Passage into law would then enable Veterinary Medical Doctors to recommend medical cannabis and complete the necessary paperwork as required by the state’s medical cannabis law, Lynn and Erin Compassionate Use Act, 2007.

(As it states in Section 3. DEFINITIONS.--As used in the Lynn and Erin Compassionate Use Act:

"practitioner" means a person licensed in New Mexico to prescribe and administer drugs that are subject to the Controlled Substances Act;
"primary caregiver" means a resident of New Mexico who is at least eighteen years of age and who has been designated by the patient's practitioner as being necessary to take responsibility for managing the well-being of a
qualified patient with respect to the medical use of cannabis pursuant to the provisions of the Lynn and Erin Compassionate Use Act;
"qualified patient" means a resident of New Mexico who has been diagnosed by a practitioner as having a debilitating medical condition and has received written certification and a registry identification card issued pursuant to the Lynn and Erin Compassionate Use Act; and
"written certification" means a statement in a patient's medical records or a statement signed by a patient's practitioner that, in the practitioner's professional opinion, the patient has a debilitating medical condition and the practitioner believes that the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the patient. A written certification is not valid for more than one year from the date of issuance.)



SECTION 1. Section 61-14-13 NMSA 1978 (being Laws 1967,
Chapter 62, Section 13, as amended) is amended to read:

"61-14-13. DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE --As used in the Veterinary Practice Act:
A. In accordance with the procedures contained in the Uniform Licensing Act [61-1-1 NMSA 1978], the board may deny, suspend for a definite period or revoke a license, certificate or permit held or applied for under the Veterinary Practice Act, or may reprimand, place on probation, enter a stipulation with or impose an administrative penalty in an amount not to exceed five thousand dollars ($5,000) on a holder of a license, certificate or permit, upon a finding by the board that the licensee, certificate or permit holder, or applicant:
(1) has committed an act of fraud, misrepresentation or deception in obtaining a license or permit;
(2) has been adjudicated insane or manifestly incapacitated;
(3) has used advertising or solicitation that is false, misleading or is otherwise deemed unprofessional under rules promulgated by the board;
(4) has been convicted of a felony or other crime involving moral turpitude;
(5) is guilty of dishonesty, incompetence, gross negligence or other malpractice in the practice of veterinary medicine;
(6) has a professional association with or employs any person practicing veterinary medicine unlawfully;
(7) is guilty of fraud or dishonesty in the application or reporting of any test for disease in animals;
(8) has failed to maintain his professional premises and equipment in a clean and sanitary condition in compliance with facility permit rules promulgated by the board;
(9) is guilty of habitual or excessive use of intoxicants or drugs;
(10) is guilty of cruelty to animals;
(11) has had his license to practice veterinary medicine revoked by another state, territory or district of the United States on grounds other than nonpayment of license or permit fees;
(12) is guilty of unprofessional conduct by violation of a rule promulgated by the board pursuant to provisions of the Veterinary Practice Act;
(13) has failed to perform as a veterinary technician under the direct supervision of a licensed veterinarian;
(14) has failed as a licensed veterinarian to reasonably exercise direct supervision with respect to a veterinary technician;
(15) is guilty of aiding or abetting the practice of veterinary medicine by a person not licensed, certified or permitted by the board;
(16) has used any controlled drug or substance on any animal for the purpose of illegally influencing the outcome of a competitive event;
(17) has willfully or negligently administered a drug or substance that will adulterate meat, milk, poultry, fish or eggs;
(18) has failed to maintain required logs and records;
(19) has used a prescription or has sold any prescription drug or prescribed extra-label use of any over-the-counter drug in the absence of a valid veterinarian-client-patient relationship;
(20) has failed to report, as required by law, or has made a false report of any contagious or infectious disease;
(21) has engaged in an unfair or deceptive practice; or
(22) has engaged in the practice of veterinary medicine on any animal or group of animals in the absence of a valid veterinarian-client-patient relationship.
B. Disciplinary proceedings may be instituted by sworn complaint by any person and shall conform with the provisions of the Uniform Licensing Act.
C. Any person whose license, certificate or permit is suspended or revoked by the board pursuant to provisions of this section may, at the discretion of the board, be relicensed or reinstated by the board at any time without examination upon written application to the board showing cause to justify relicensing or reinstatement.

SECTION 2. [NEW MATERIAL] A new section of the Veterinary Practice Act
is enacted to read:
(A) A licensee shall not dispense or administer cannabis or cannabis products to an animal patient.
(A) Notwithstanding any other law and absent negligence or incompetence, a veterinarian licensed under this chapter shall not be disciplined by the board or have his or her license denied, revoked, or suspended solely for discussing the use of cannabis on an animal for medicinal purposes.
(C) On or before July 1, 2019, the board shall adopt guidelines for veterinarians to follow when discussing cannabis within the veterinarian-client-patient relationship. These guidelines shall be posted on the board’s Internet Web site.

Safe Access New Mexico ~ A Chapter of Americans For Safe Access
(All Rights Reserved 04/20/2018)

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