HB 137 New Mexico House · 2026 Regular Session

STOCKING OF CERTAIN DRUGS IN PHARMACIES

HB 137 requires New Mexico retail pharmacies to maintain specific stock levels of buprenorphine (a medication used to treat opioid use disorder) based on their past dispensing rates. Pharmacies must calculate a minimum daily stock requirement every 30 days and keep at least three additional prescriptions (including both buprenorphine-only and combination products), with slightly lower requirements for community-based pharmacies. Wholesale drug distributors must report monthly to the state board any denials or delays in filling buprenorphine orders from pharmacies, including reasons for such actions. Violations could result in fines up to $2,500 for pharmacies and $10,000 for distributors, with the state health department using the data to publish biannual reports on access to buprenorphine.

Issues: ✓ Healthcare

Bill status died 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 30, 2026 Last action Mar 24, 2026

Maddy AI version diff · 1 comparison

What changed between versions

introduced version → HC substitute · 9 edits

MAJOR

The bill was amended by the House Health and Human Services Committee to significantly expand buprenorphine stocking requirements for pharmacies, add detailed reporting obligations for wholesale distributors, and create a new biannual public report on access issues. The changes clarify exemptions for community-based pharmacies, establish specific remedies for pharmacies that temporarily fail to meet stocking requirements, and provide stronger protections for pharmacies whose violations are caused by distributor actions.

Scope change

The bill now explicitly distinguishes between 'community-based pharmacies' and other retail pharmacies, with different stocking requirements for each category. Community-based pharmacies face significantly reduced stocking obligations compared to other retail pharmacies.

REQUIREMENT

Stocking requirements for community-based pharmacies were reduced from requiring minimum daily calculations plus additional prescriptions to simply maintaining at least one prescription on hand.

New requirement for wholesale drug distributors to report monthly to the board on denied or delayed buprenorphine orders, including specific reasons for each denial or delay.

New requirement for the board to publish a biannual report analyzing access to buprenorphine, including aggregated data on denial frequencies and reasons.

New record-keeping requirement for non-community-based pharmacies to maintain minimum daily stocking requirement records for at least three years.

ENFORCEMENT

New provision allowing pharmacies to avoid penalties if they take corrective action within three days of failing stocking requirements, such as ordering replacement stock or requesting distributor approval.

New exemption protecting retail pharmacies from penalties when violations are solely attributable to wholesale distributor actions, with clear demonstration requirements.

DEFINITION

New definition of 'community-based pharmacy' that excludes government-owned, hospital-owned, corporate chain, mail-order, and other specific pharmacy types.

FISCAL

Added Section 2 appropriating $1.5 million for fiscal year 2027 to increase Medicaid reimbursement rates for buprenorphine prescriptions.

TIMELINE

Added Section 3 establishing September 1, 2026 as the effective date for the act's provisions.

Floor votes

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 4, 2026

Lower · Passed

DO NOT PASS, replaced with committee substitute

lower

Jan 30, 2026

Introduced

Sent to House Health & Human Services Committee & House Appropriations & Finance Committee

lower

Jan 22, 2026

Lower · Passed

not printed House Rules and Order of Business Committee

lower

1 primary · 0 co-sponsors