A. In accordance with the Uniform Licensing Act N.M. Stat. Ann. § 61-1-1 to 61-1-31, the board may deny, withhold, suspend or revoke any registration or license held or applied for under the Pharmacy Act upon grounds that the licensee or applicant:

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(1)     is guilty of gross immorality or dishonorable or unprofessional conduct as defined by regulation of the board;

(2)     is convicted of a violation of a federal law relating to controlled substances, a federal food and drug law or a federal law requiring the maintenance of drug records;

(3)     is guilty of a violation of the Controlled Substances Act [N.M. Stat. Ann. Chapter 30, Article 31], the Drug Product Selection Act N.M. Stat. Ann. § 26-3-1 to 26-3-3, the Imitation Controlled Substance[s] Act N.M. Stat. Ann. § 30-31A-1 through 30-31A-15, the Pharmacy Act, the New Mexico Drug, Device and Cosmetic Act [N.M. Stat. Ann. Chapter 26, Article 1] or the Drug Precursor Act [N.M. Stat. Ann. Chapter 30, Article 31B];

(4)     is addicted to the use of dangerous drugs or narcotic drugs of any kind; (5)     is habitually intemperate;

(6)     is guilty of knowingly or fraudulently adulterating or misbranding or causing to be adulterated or misbranded any drugs;

(7)     is guilty of procuring or attempting to procure licensure as a pharmacist or pharmacist intern, registration as a pharmacy technician or licensure for a pharmacy or pharmaceutical business in this state for the licensee’s or applicant’s own self or

another by knowingly making or causing to be made false representations to the board;

(8)     is unfit or unable to practice pharmacy by reason of a physical or mental disease or disability as determined by the board and based on competent medical authority, during the period of such disability;

(9)     fails to maintain any drug record required by federal law and that failure results in the condemnation of any drugs in the licensee’s or applicant’s possession or control;

(10)    is convicted of a felony;

(11)    has furnished false or fraudulent material in an application made in connection with drug or device manufacturing or distribution;

(12)    has had a nonresident pharmacy, drug manufacturer, wholesale drug distributor, returned drugs processor, outsourcing facility, repackager or third-party logistics provider license or federal registration suspended or revoked;

(13)    has obtained remuneration for professional services by fraud, misrepresentation or deception;

(14)    has dealt with drugs or devices that the licensee or applicant knew or should have known were stolen;

(15)    has purchased or received a drug or device from a source other than a person or pharmacy licensed pursuant to the Pharmacy Act, unless otherwise provided in that act, the Controlled Substances Act or the New Mexico Drug, Device and Cosmetic Act;

(16)    is a wholesale drug distributor, manufacturer, outsourcing facility or repackager other than a pharmacy and dispenses or distributes drugs or devices directly to a patient;

(17)    has violated a rule adopted by the board pursuant to the Pharmacy Act; or

(18)    has divulged or revealed confidential information or personally identifiable information to a person other than a person authorized by the provisions of the Pharmacy Act or regulations adopted pursuant to that act to receive that information.

B. Disciplinary proceedings may be instituted by a person, shall be by sworn complaint and shall conform with the provisions of the Uniform Licensing Act. A party to the hearing may obtain a copy of the hearing record upon payment of costs for the copy.

C. The board may modify a prior order of revocation, suspension or refusal to issue a license of a pharmacist or a pharmacist intern or registration of a pharmacy technician but only upon a finding by the board that there no longer exist any grounds for disciplinary action; provided that cessation of the practice of pharmacy for twelve months or more shall require the pharmacist to undergo additional education, internship or examination as the board determines necessary.