SB 122 New Mexico Senate · 2025 Regular Session

EXPAND PRESCRIPTION DRUG DONATION PROGRAM

SB 122 expands New Mexico's prescription drug donation program to allow more healthcare providers and facilities to participate in collecting and redistributing unused prescription drugs. It specifically adds licensed health care facilities and practitioners (beyond just clinics) as eligible recipients, permits out-of-state pharmacies to distribute drugs via mail or in-person, and requires safety checks for refrigerated drugs and tamper-evident packaging. The bill establishes rules for inspecting drugs, labeling, storing, and charging only reasonable handling fees to cover costs. It also provides liability protection for donors, recipients, and redistributors who follow safety procedures, while clarifying that manufacturers remain liable for their own products. The law, signed into effect on April 9, 2025, directly affects patients who receive donated medications and participating healthcare entities.

Issues: ✓ Healthcare

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

Senate Passage

Mar 2025

House Passage

Mar 2025

Signed into Law

Apr 2025

Introduced Jan 23, 2025 Signed Apr 9, 2025

Maddy AI version diff · 1 comparison

What changed between versions

introduced version → Final Version · 6 edits

MODERATE

This bill amends New Mexico's prescription drug donation law to expand participation by allowing more types of donors and recipients, including out-of-state pharmacies and mail-order services. The changes clarify definitions, establish new safety standards for drug handling, and provide liability protections for those participating in the program.

Scope change

The bill expands the program's scope from primarily local clinics and practitioners to include licensed pharmacies, health care facilities, and out-of-state participants, while adding mail-order pharmacy distribution options.

DEFINITION

Replaced the term 'clinic' with 'donor' and 'participating practitioner' with 'eligible recipient' to broaden who can participate in the donation program.

ELIGIBILITY

Added eligibility for licensed pharmacies and mail-order pharmacies to distribute donated drugs to patients, expanding access beyond physical clinic locations.

REQUIREMENT

Established new requirements for drug inspection, including verification of tamper-evident packaging and confirmation that drugs have not been adulterated or misbranded.

Added patient acknowledgment requirements where patients must sign forms confirming knowledge of drug handling and inspection before receiving donated medications.

Added provisions allowing reasonable handling fees to be charged to patients to cover inspection, storage, and redistribution costs.

ENFORCEMENT

Introduced liability protections for donors, recipients, and distributors who exercise reasonable care, while clarifying that manufacturer liability remains unchanged.

Floor votes · Senate Mar 16, 2025 · House Mar 22, 2025

How they voted

38–0

Passed · 2 other

Total votes 40

Mar 16, 2025

D Democratic24

24 Yea

100% Yea

R Republican16

14 Yea 2

87% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 9, 2025

Signed into law

Signed

executive

Mar 22, 2025

Lower · Passed

passed House

lower

Mar 19, 2025

Lower · Passed

DO PASS committee report adopted

lower

Mar 18, 2025

Introduced

Sent to House Health & Human Services Committee

lower

Mar 16, 2025

Upper · Passed

passed Senate

upper

Mar 16, 2025

Upper · Passed

floor substitute adopted (1 amendment)

upper

Mar 12, 2025

Upper · Passed

DO PASS committee report adopted

upper

Mar 3, 2025

Upper · Passed

DO PASS, as amended, committee report adopted

upper

Jan 23, 2025

Introduced

Sent to Senate Health and Public Affairs Committee & Senate Tax, Business and Transportation Committee

upper

3 primary · 0 co-sponsors