New Mexico Statutes Chapter 26. Drugs and Cosmetics § 26-1-27. Prohibition of discrimination against 340b entities

(1) “340B drug” means a drug that is purchased at a discount in accordance with the 340B program requirements;

(2) “340B program” means the federal drug pricing program created pursuant to 42 U.S.C. Section 256b;

(3) “affiliate” means a person that directly or indirectly controls, is controlled by or is under common control with a manufacturer;

(4) “applicable entity” means an organization that receives federal grant funding and is recognized by the federal health resources and services administration as a federally qualified health center or a federally qualified health center lookalike;  and

(5) “manufacturer” means an entity licensed to manufacture prescription drugs pursuant to the Pharmacy [Chapter 61, Article 11 NMSA 1978].

(1) deny, restrict, prohibit or interfere with the acquisition of a 340B drug by, or delivery of a 340B drug to, a pharmacy contractually obligated with an applicable entity and is authorized to receive and dispense 340B drugs on behalf of the applicable entity unless receipt of the 340B drugs is prohibited by the United States department of health and human services;

(2) interfere with the ability of a pharmacy contracted with an applicable entity to dispense 340B drugs to the applicable entity's eligible patients;  or

(3) require an applicable entity to submit any claims, utilization, purchasing or other data as a condition for allowing the acquisition of a 340B drug by, or delivery of a 340B drug to, an applicable entity unless the sharing of claims or utilization data is required by federal law.