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Bill Summary · HB 505

Summary — HB 505: Opioid Use Disorder Drug Stocks

Status: Action postponed indefinitely (filed Nov 12, 2024)
Subjects: Alcohol & Drugs; Business & Industry; Health & Health Facilities

Purpose / Intent

HB 505 is designed to improve patient access to buprenorphine (a first‑line medication for opioid use disorder, OUD) at retail pharmacies by requiring minimum on‑hand inventory and by creating reporting and monitoring requirements for wholesalers and state agencies. The bill aims to identify and reduce supply‑chain interruptions that prevent filling legitimate buprenorphine prescriptions.

Key provisions

  • Pharmacy stocking requirement

    • Retail pharmacies that stock controlled substances must maintain a supply of buprenorphine sufficient to meet their average daily dispensing needs plus at least three additional prescriptions.
    • Required stock must include both buprenorphine monoproducts and buprenorphine–naloxone combination products.
    • If a pharmacy falls below the required stock level, it must, within three days, either order replacement stock or request an increased allotment from its wholesale distributor.

  • Wholesale distributor reporting

    • Wholesale drug distributors must report monthly to the State Board of Pharmacy any instances in which they deny or delay a pharmacy’s buprenorphine order or deny a request to increase a pharmacy’s allotment.

  • Data sharing and analysis

    • The Board of Pharmacy will forward distributor reports to the Department of Health (DOH).
    • DOH must analyze the data and publish biennial reports on buprenorphine access in retail pharmacies, including examination of geographic/demographic disparities and effects on treatment initiation, retention, and overdose outcomes.
    • The bill tasks the Board with setting the data reporting method.

  • Enforcement and penalties

    • Noncompliance may result in penalties (bill text indicates penalties but the fiscal note does not specify amounts).

Who is affected

  • Retail pharmacies (inventory and ordering obligations)
  • Wholesale distributors (reporting obligations)
  • New Mexico Board of Pharmacy (data collection role)
  • Department of Health (analysis and reporting)
  • Patients with opioid use disorder, clinicians, and treatment programs (potentially affected by improved or constrained access)

Fiscal and implementation impact

  • DOH estimated recurring costs of approximately $117,000 annually plus one FTE to implement reporting, analysis and reporting duties; funding was not included in the bill.
  • The bill contains no appropriation for these costs.
  • Effective date (if enacted) would be 90 days after adjournment (per fiscal note example: June 20, 2025).

Significant policy considerations / limitations

  • Distributor thresholds and federal/state constraints: wholesalers may be constrained by Suspicious Order Reporting (SORS) practices under the federal SUPPORT Act and by proprietary, MSA‑related threshold systems that can cause orders to be delayed/cancelled; the bill does not alter those thresholds or require wholesalers to disclose proprietary algorithms.
  • Data completeness: DOH would receive only distributor denials (not pharmacy inventory levels, unfilled prescriptions, or timeliness), which may limit the ability to fully connect supply denials to health outcomes without additional study funds.
  • Potential data volume and administrative burden: mandates for monthly reporting could create a large dataset; bill leaves reporting format to the Board but does not appropriate analysis resources beyond the DOH FTE estimate.
  • Drug shortage not addressed: the bill does not contain mechanisms to manage or mitigate wider buprenorphine shortages.

Procedural / timeline notes

  • Introduced Nov 12, 2024. Fiscal analyses issued in early 2025.
  • Legislative status: Action postponed indefinitely (bill was withdrawn / left pending in committee per legislative actions). If reenacted, statutory timing would follow the stated effective date language.

This summary focuses on the provisions and likely impacts described in legislative fiscal notes and committee analyses associated with HB 505 as introduced.

Compiled from official sources — confirm details with the bill’s official record.

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