Committee advances bill that would require pharmacies to request extra buprenorphine stock; pharmacists and distributors voice concerns

Senators and representatives said the bill addresses a reported shortage of buprenorphine formulations at pharmacies that can interrupt treatment for people with opioid use disorder and increase overdose risk.

The sponsor described New Mexico’s overdose toll—948 total drug-overdose deaths last year, 688 opioid-related—and said the bill would require retail pharmacies that distribute controlled substances to maintain an adequate stock of buprenorphine to meet daily needs plus three extra two-week prescriptions at 24 milligrams per day. If a pharmacy meets the stocking requirement by placing written orders and a distributor fails to ship, the pharmacy would not be penalized; pharmacies that do not place the orders could face penalties.

Pharmacy associations, independent rural pharmacists and distributors testified in opposition, calling the measure a supply-chain issue outside local pharmacists’ control and warning of administrative burden, inventory costs and ambiguous enforcement. Witnesses included Lex Garcia (New Mexico Pharmacists Association), John Thompson (New Mexico Pharmacy Business Council), Ashley Tiefart and Mike Delanceford (independent pharmacists), and a representative of the Healthcare Distribution Alliance. They said wholesalers set thresholds and that an order can be placed but not fulfilled because of distributor limits or national allocation practices.

Medical providers, treatment programs and community advocates testified in support, saying pharmacies regularly run out and that missed doses can lead to withdrawal and overdose. Supporters included Gloria Doherty (nurse practitioner), Dr. Rifke Stern (family physician), Philip Houston (Life House Carlsbad) and telehealth provider testimony about patients forced to go without medication.

Committee members pressed sponsor and witnesses on who would report to the Board and how the bill differentiates small rural pharmacies from larger urban outlets. The sponsor said the bill was revised to reduce reporting burden on pharmacies: wholesalers would report to the Board of Pharmacy monthly, and retail pharmacies would be protected from penalties if they had placed orders; the bill contains a mechanism to scale stock requirements by observed dispensing averages.

Representative Ferrari moved a do-pass recommendation with a caveat that staff work with stakeholders to address smaller pharmacies’ burden; Representative Kates seconded. The committee recorded a 6–2 do-pass vote in a roll call recorded in committee minutes.