USA Statutes : nevada
Title : Title 40 - PUBLIC HEALTH AND SAFETY
Chapter : CHAPTER 454 - POISONS; DANGEROUS DRUGS AND HYPODERMICS
As used in this chapter, the words and
terms defined in NRS 454.0015 to
454.0098 , inclusive, have the meanings
ascribed to them in those sections, unless a different meaning clearly
appears in the context.
(Added to NRS by 1967, 1635; A 1977, 187; 1979, 1674; 1987, 952,
1656; 1991, 794, 1955)
“Advanced practitioner of nursing” means a registered nurse who holds a
valid certificate of recognition as an advanced practitioner of nursing
issued by the State Board of Nursing.
(Added to NRS by 1991, 794)
“Authorized
officers of the law” means:
1. Peace officers;
2. Members, investigators and inspectors of the Board;
3. Inspectors of the Food and Drug Administration; and
4. Commissioners and agents appointed as provided in chapter 585
of NRS for the enforcement of the Nevada
Food, Drug and Cosmetic Act.
(Added to NRS by 1967, 1635)
“Board” means the State Board of
Pharmacy.
(Added to NRS by 1967, 1635)
“Chart order” means an order
entered on the chart of a patient:
1. In a hospital, facility for intermediate care or facility for
skilled nursing which is licensed as such by the Health Division of the
Department of Health and Human Services; or
2. Under emergency treatment in a hospital by a practitioner or on
the written or oral order of a practitioner authorizing the
administration of a drug to the patient.
(Added to NRS by 1973, 1196; A 1979, 1674; 1985, 1751)
“Chemical” includes all chemicals
intended, designed and labeled for use in the cure, treatment, mitigation
or prevention of disease in man or other animals.
(Added to NRS by 1967, 1635)
“Compound” or
“compounding” means to form or make up a composite product by combining
two or more different ingredients.
(Added to NRS by 1979, 1681)
“Fill” means the counting,
measuring, compounding, pouring, packaging and labeling required to
prepare a drug for either direct or indirect delivery to a patient.
(Added to NRS by 1979, 1681)
“Furnish” means to supply by any
means, by sale or otherwise.
(Added to NRS by 1967, 1635)
“Hospital” means any institution,
place, building or agency which is licensed by the Department of Health
and Human Services as a hospital and which operates facilities for the
care and treatment of human illness or other abnormal physical or mental
conditions on an inpatient basis, including any such facility operated by
this State or a political subdivision of this State.
(Added to NRS by 1967, 1635; A 1979, 1674; 1987, 952)
“Hypodermics” means any
syringe, needle, instrument, device or implement intended or capable of
being adapted for the purpose of administering drugs by subcutaneous,
intramuscular or intravenous injection.
(Added to NRS by 1967, 1635)
“Institutional
pharmacy” means a pharmacy or other storage place as defined by
regulations adopted by the Board which is a part of or is operated in
conjunction with a medical facility as that term is defined in NRS
449.0151 . The term includes:
1. A pharmacy on the premises of the medical facility which
provides a system of distributing and supplying medication to the
facility, whether or not operated by the facility; and
2. A pharmacy off the premises of the medical facility which
provides services only to the patients of the facility and provides a
system of distributing medication based upon chart orders from the
medical facility.
(Added to NRS by 1987, 1656; A 1993, 1990)
“Laboratory” means a
research, teaching or testing laboratory not engaged in the sale of drugs
but using dangerous drugs for scientific or teaching purposes.
(Added to NRS by 1973, 1196)
“Manufacturer” means a
person who:
1. Derives, produces, prepares, compounds, mixes, cultivates,
grows or processes any drug;
2. Repackages any drug for the purpose of resale; or
3. Makes, produces or prepares any devices or appliances that are
restricted by federal law to sale by or on the order of a physician.
(Added to NRS by 1967, 1635; A 1971, 2028; 1973, 1195; 1993, 636,
1223)
“Medical intern” means a
medical graduate acting as an assistant in a hospital for the purpose of
clinical training.
(Added to NRS by 1981, 746)
1. “Pharmacy” means every store or shop licensed by the Board
where drugs, controlled substances, poisons, medicines or chemicals are
stored or possessed, or dispensed or sold at retail, or displayed for
sale at retail, or where prescriptions are compounded or dispensed.
2. “Pharmacy” includes pharmacies owned or operated by the State
of Nevada and political subdivisions and municipal corporations therein.
(Added to NRS by 1967, 1636; A 1971, 2028; 1973, 1196; 1979, 1674)
“Pharmacy in a correctional institution” means a pharmacy or other
storage place for medicines, controlled substances and dangerous drugs
which is a part of or is operated in conjunction with a correctional
facility, including a jail and facility for the detention of juveniles.
(Added to NRS by 1987, 1656)
“Physician,”
“dentist,” “podiatric physician,” “optometrist,” “veterinarian” and
“pharmacist” mean persons authorized by a currently valid license to
practice their respective professions in this State.
(Added to NRS by 1967, 1636; A 1969, 347; 1977, 964; 1993, 2236;
1995, 1034)
“Practitioner” means:
1. A physician, dentist, veterinarian or podiatric physician who
holds a valid license to practice his profession in this State.
2. A pharmacy, hospital or other institution licensed or
registered to distribute, dispense, conduct research with respect to or
to administer a dangerous drug in the course of professional practice in
this State.
3. When relating to the prescription of poisons, dangerous drugs
and devices:
(a) An advanced practitioner of nursing who holds a certificate
from the State Board of Nursing and a certificate from the State Board of
Pharmacy permitting him so to prescribe; or
(b) A physician assistant who holds a license from the Board of
Medical Examiners and a certificate from the State Board of Pharmacy
permitting him so to prescribe.
4. An optometrist who is certified to prescribe and administer
dangerous drugs pursuant to NRS 636.288
when he prescribes or administers dangerous drugs which are within the
scope of his certification.
(Added to NRS by 1979, 1681; A 1983, 1220; 1989, 1995; 1991, 794;
1993, 2236; 1995, 1034; 2001, 788 )
1. “Prescription” means:
(a) An order given individually for the person for whom prescribed,
directly from the practitioner, or his agent, to a pharmacist or
indirectly by means of an order signed by the practitioner or an
electronic transmission from the practitioner to a pharmacist.
(b) A chart order written for an inpatient specifying drugs which
he is to take home upon his discharge.
2. “Prescription” does not include a chart order written for an
inpatient for use while he is an inpatient.
(Added to NRS by 1973, 1196; A 1979, 1675; 1983, 1515; 1987, 1657;
1991, 1956)
“Public health
program” means a program of the government which is:
1. Administered by the officers and agents of:
(a) The Health Division of the Department of Health and Human
Services; or
(b) The local boards of health; and
2. Created to serve the health needs of an entire political
subdivision by reducing the incidence and prevalence of a disease, subset
of disease or a medical event.
(Added to NRS by 1991, 1955; A 1995, 556)
“Refill” means to fill again.
(Added to NRS by 1979, 1681)
“Ultimate user” means a
person who lawfully possesses a dangerous drug for his own use or the use
of a member of his household or for administering to any animal owned by
him or by a member of his household. The term includes the guardian of an
ultimate user or any other person authorized in a durable power of
attorney to act on the behalf of the ultimate user. The term does not
include a patient in or an employee of a medical facility, as defined in
NRS 449.0151 , who is not statutorily
authorized to administer drugs.
(Added to NRS by 1987, 952; A 1993, 1216; 1995, 556)
“Wholesaler” means a wholesale
distributor as defined by 21 C.F.R. § 205.3(g) who supplies dangerous
drugs or chemicals or devices or appliances that are restricted by
federal law to sale by or on the order of a physician to a person other
than the consumer or patient. The term does not include:
1. A person who derives, produces or prepares medicines, chemicals
or devices on sales orders for resale.
2. A nonprofit cooperative agricultural organization which
supplies or distributes veterinary drugs and medicines only to its own
members.
(Added to NRS by 1967, 1636; A 1971, 2028; 1973, 1196; 1991, 1164;
1993, 1223)
POISONS
Definitions
As used in NRS 454.010 to 454.170 ,
inclusive, “poison” means any substance having an inherent deleterious
property which when internally or externally applied to the body of man
or animal is capable of causing damage to the tissues, destroying the
action of vital functions of the body or causing death, and includes the
compositions of the following schedules:
Schedule “A”:
1. Aconite, belladonna, cantharadis and nux vomica.
2. Alkaloids and derivatives.
3. Antiseptic tablets containing corrosive sublimate.
4. Arsenic, its compounds and preparations.
5. Corrosive sublimate.
6. Cyanide of potassium.
7. Hydrocyanic acid.
8. Oils of croton.
9. Phosphorus and its poisonous derivatives or compounds.
10. Rue and tansy.
11. Sodium fluoracetate and preparations.
12. Strophanthus or its preparations.
13. Strychnine.
14. Zinc phosphide and preparations.
15. All compounds, preparations or products, other than cosmetics,
which contain any of the following poisons as the primary solvent or in
amounts capable of causing intoxication or harmful physical effects if
inhaled, absorbed or ingested:
(a) Ethyl acetate.
(b) Isobutyl ketone.
(c) Methyl cellulose acetate.
(d) Methyl ethyl ketone.
(e) Trichlorethylene.
Schedule “B”:
1. Bromides.
2. Chloroform.
3. Cocculus indicus or its preparations.
4. Cowhage.
5. Creosote.
6. Ether.
7. Hydrochloric or muriatic acid.
8. Nitric acid.
9. Oils of savin and pennyroyal.
10. Oxalic acid.
11. Solution of formaldehyde or formalin.
12. Sugar of lead.
13. Sulfate of zinc.
14. Sulfuric acid.
15. Tartar emetic and other derivatives of antimony.
16. Veratrum.
17. Wood alcohol or methanol.
Schedule “C”:
1. Carbon tetrachloride or any preparation in which it is used as
the primary solvent.
2. Any preparation or substance which contains any of the poisons
listed in Schedule “A” or “B” in amounts capable of causing harmful
physical effects if inhaled, absorbed or ingested, when such products or
preparations are intended and designed for agricultural, commercial,
economic, industrial or household use, and are labeled in compliance with
the provisions of NRS 454.020 and
454.080 .
[Part 7:207:1913; A 1921, 66; NCL § 5081]—(NRS A 1959, 66; 1967,
1627; 1993, 636)
Regulation of Sale
010 may not be sold unless
warning label affixed to package.
1. It is unlawful for any person to vend, sell, give away or
furnish, either directly or indirectly, any poisons enumerated in
Schedules “A,” “B” and “C” in NRS 454.010 without labeling the container, package, box,
bottle or paper in which the poison is contained with:
(a) The name of the article.
(b) The word “poison,” which shall be printed in boldface type in
capital letters not less than twice the size of other type on the label.
(c) The name and place of business of the person or firm
manufacturing or selling the poison.
(d) The vignette representing the skull and crossbones.
(e) The first aid treatment or antidote approved by the Board or
the American Chemical Manufacturers Association for such poison.
(f) Any supplemental warnings or cautions required by either state
or federal law or by regulations of the Board.
2. The label shall be printed in type that can be clearly read,
upon red paper in distinct white letters or in distinct red letters upon
white paper.
[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A 1959, 67;
1967, 1628)
” It is unlawful to vend, sell, deliver or otherwise
furnish any of the poisons named in Schedule “A” or “B” or any other
dangerously poisonous drug, chemical or medical substance which may from
time to time be designated by the Board, unless on inquiry it is found
that the person desiring the same is 18 years of age or older and is
aware of its poisonous character, and it satisfactorily appears that it
is to be used for a legitimate purpose.
[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A 1967, 1629)
It is unlawful for any person to give a fictitious
name or false address or make any false representations to the seller or
dealer when buying any of the poisons enumerated in Schedule “A” or the
additions thereto.
[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A 1967, 1629)
It is unlawful for any person, other than a
registered pharmacist or an intern pharmacist acting under the direct and
immediate supervision of a registered pharmacist, to vend, sell, furnish
or deliver any poison enumerated in Schedule “B” of NRS 454.010 .
(Added to NRS by 1967, 1636; A 1971, 682)
1. It is unlawful to vend, sell, furnish or deliver any poison
included in Schedule “A,” the additions thereto or those enumerated by
regulation of the Board without making or causing to be made, at the time
of the sale, an entry in a book kept solely for that purpose, stating:
(a) The date of sale.
(b) The name, complete residence or business address and signature
of the purchaser.
(c) The name and quantity of the poison sold.
(d) The statement by the purchaser of the purpose for which the
poison is required.
(e) The signature of the dispenser, who must be a registered
pharmacist or a registered intern pharmacist acting under the direct and
immediate supervision of a registered pharmacist.
2. The provisions of this section do not apply when the poisons
enumerated in Schedule “A” are used as solvents for glues and cements
used in making of models, when sold in single units or containers
simultaneously with or as a part of a kit to be used for the construction
of model airplanes, boats, automobiles, trains or other similar models if
such kits have been assembled by a recognized manufacturer of such kits
and are advertised as such.
[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A 1967, 1629;
1971, 682; 1977, 74)
1. The poison book shall be in form substantially as follows:
Date
Name of
Purchaser
Residence
Kind and
Quantity
Purpose
of Use
Signature of
Pharmacist
Signature of
Purchaser
2. This book shall always be open for inspection by authorized
officers of the law acting in their official capacity, and shall be
preserved for at least 5 years after the date of the last entry therein.
[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A 1967, 1630)
The entries
in the poison book and the printed or written matter required to be
placed on the label or the package shall be in the English language,
except that the vendor of the poison may enter the same in any foreign
language he may desire, in addition to the entry and label in English.
[Part 3:207:1913; 1919 RL p. 2883; NCL § 5077]
1. Dealers, manufacturers and pharmacists are exempted from the
registration of the sale of any poison enumerated in Schedule “A” or the
additions thereto when sold:
(a) To a registered pharmacist or a practitioner;
(b) To a manufacturer or wholesaler;
(c) To a research, teaching or testing laboratory; or
(d) To other established, legitimate users in chemical or technical
arts.
2. The provisions of NRS 454.010
to 454.170 , inclusive, shall not apply
to the sale of any poison upon the prescriptions of practitioners.
[Part 5:207:1913; 1919 RL p. 2883; NCL § 5079]—(NRS A 1967, 1630;
1969, 902; 1979, 1675)
Administration
When, in the opinion of the Board, it is in the
interest of the public health, the Board is empowered to restrict or
prohibit further the retail sale of any poison by regulations not
inconsistent with the provisions of NRS 454.010 to 454.170 ,
inclusive. Such regulations may be adopted by the Board and must be
applicable to all persons alike.
[Part 4:207:1913; 1919 RL p. 2883; NCL § 5078]—(NRS A 1979, 1675)
Each pharmacy must have available for the
information of the public the telephone number of the closest poison
control center.
[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A 1981, 746)
The
Commissioner and agents appointed as provided in chapter 585 of NRS for the enforcement of the Nevada Food, Drug
and Cosmetic Act are designated and constituted agents for the
enforcement of NRS 454.010 to 454.170
, inclusive, and shall cooperate with
the Board in carrying out the provisions of NRS 454.010 to 454.170 ,
inclusive. For this purpose, they shall have free access at all times
during business hours to all places where drugs, medicines or poisons are
offered for sale.
[9:207:1913; 1919 RL p. 2886; NCL § 5083]—(NRS A 1967, 1631)
The district attorney of the county wherein any violation of NRS 454.010
to 454.170 , inclusive, is committed shall conduct all
actions and prosecutions for the same at the request of the Board.
[Part 6:207:1913; A 1915, 119; 1919 RL p. 2883; NCL § 5080]—(NRS A
1967, 1631)
Any person violating any of the provisions
of NRS 454.010 to 454.160 , inclusive, shall be guilty of a misdemeanor.
[Part 7:207:1913; A 1921, 66; NCL § 5081]—(NRS A 1967, 586)
DANGEROUS DRUGS AND HYPODERMIC DEVICES
Dangerous Drugs
Definitions of words and
terms in NRS 454.00922 , 454.191
, 454.201 and 454.211
apply only to NRS 454.181 to 454.371
, inclusive.
(Added to NRS by 1973, 1196; A 1981, 746; 1987, 1399)
“Administer” means the direct
application of a drug or medicine referred to in NRS 454.181 to 454.371 ,
inclusive, whether by injection, inhalation, ingestion or any other
means, to the body of a patient or research subject.
(Added to NRS by 1973, 1196; A 1977, 672, 964; 1979, 593, 1676)
“Dangerous drug” means any
drug, other than a controlled substance, unsafe for self-medication or
unsupervised use, and includes the following:
1. Any drug which has been approved by the Food and Drug
Administration for general distribution and bears the legend: “Caution:
Federal law prohibits dispensing without prescription”;
2. Procaine hydrochloride with preservatives and stabilizers
(Gerovital H3) in injectable doses and amygdalin (laetrile) which have
been licensed by the State Board of Health for manufacture in this State
but have not been approved as drugs by the Food and Drug Administration;
or
3. Any drug which, pursuant to the Board’s regulations, may be
sold only by prescription because the Board has found those drugs to be
dangerous to public health or safety.
(Added to NRS by 1973, 1197; A 1977, 1645; 1983, 336; 1987, 1553)
1. “Dispense” means the furnishing of a dangerous drug in any
amount greater than that which is necessary for the present and immediate
needs of the ultimate user.
2. The term does not include the furnishing of a dangerous drug by
a hospital pharmacy for inpatients.
(Added to NRS by 1973, 1197; A 1977, 673; 1979, 594, 1676; 1987,
1657)
A
drug or medicine referred to in NRS 454.181 to 454.371 ,
inclusive, may be possessed and administered by:
1. A practitioner.
2. A physician assistant at the direction of his supervising
physician or a licensed dental hygienist acting in the office of and
under the supervision of a dentist.
3. Except as otherwise provided in subsection 4, a registered
nurse licensed to practice professional nursing or licensed practical
nurse, at the direction of a prescribing physician, physician assistant,
dentist, podiatric physician or advanced practitioner of nursing, or
pursuant to a chart order, for administration to a patient at another
location.
4. In accordance with applicable regulations of the Board, a
registered nurse licensed to practice professional nursing or licensed
practical nurse who is:
(a) Employed by a health care agency or health care facility that
is authorized to provide emergency care, or to respond to the immediate
needs of a patient, in the residence of the patient; and
(b) Acting under the direction of the medical director of that
agency or facility who works in this State.
5. An intermediate emergency medical technician or an advanced
emergency medical technician, as authorized by regulation of the State
Board of Pharmacy and in accordance with any applicable regulations of:
(a) The State Board of Health in a county whose population is less
than 100,000;
(b) A county board of health in a county whose population is
100,000 or more; or
(c) A district board of health created pursuant to NRS 439.362
or 439.370 in any county.
6. A respiratory therapist employed in a health care facility. The
therapist may possess and administer respiratory products only at the
direction of a physician.
7. A dialysis technician, under the direction or supervision of a
physician or registered nurse only if the drug or medicine is used for
the process of renal dialysis.
8. A medical student or student nurse in the course of his studies
at an approved college of medicine or school of professional or practical
nursing, at the direction of a physician and:
(a) In the presence of a physician or a registered nurse; or
(b) Under the supervision of a physician or a registered nurse if
the student is authorized by the college or school to administer the drug
or medicine outside the presence of a physician or nurse.
Ê A medical student or student nurse may administer a dangerous drug in
the presence or under the supervision of a registered nurse alone only if
the circumstances are such that the registered nurse would be authorized
to administer it personally.
9. Any person designated by the head of a correctional institution.
10. An ultimate user or any person designated by the ultimate user
pursuant to a written agreement.
11. A nuclear medicine technologist, at the direction of a
physician and in accordance with any conditions established by regulation
of the Board.
12. A radiologic technologist, at the direction of a physician and
in accordance with any conditions established by regulation of the Board.
13. A chiropractic physician, but only if the drug or medicine is
a topical drug used for cooling and stretching external tissue during
therapeutic treatments.
14. A physical therapist, but only if the drug or medicine is a
topical drug which is:
(a) Used for cooling and stretching external tissue during
therapeutic treatments; and
(b) Prescribed by a licensed physician for:
(1) Iontophoresis; or
(2) The transmission of drugs through the skin using
ultrasound.
15. In accordance with applicable regulations of the State Board
of Health, an employee of a residential facility for groups, as defined
in NRS 449.017 , pursuant to a written
agreement entered into by the ultimate user.
16. A veterinary technician at the direction of his supervising
veterinarian.
17. In accordance with applicable regulations of the Board, a
registered pharmacist who:
(a) Is trained in and certified to carry out standards and
practices for immunization programs;
(b) Is authorized to administer immunizations pursuant to written
protocols from a physician; and
(c) Administers immunizations in compliance with the “Standards of
Immunization Practices” recommended and approved by the United States
Public Health Service Advisory Committee on Immunization Practices.
18. A person who is enrolled in a training program to become a
physician assistant, dental hygienist, intermediate emergency medical
technician, advanced emergency medical technician, respiratory therapist,
dialysis technician, nuclear medicine technologist, radiologic
technologist, physical therapist or veterinary technician if the person
possesses and administers the drug or medicine in the same manner and
under the same conditions that apply, respectively, to a physician
assistant, dental hygienist, intermediate emergency medical technician,
advanced emergency medical technician, respiratory therapist, dialysis
technician, nuclear medicine technologist, radiologic technologist,
physical therapist or veterinary technician who may possess and
administer the drug or medicine, and under the direct supervision of a
person licensed or registered to perform the respective medical art or a
supervisor of such a person.
(Added to NRS by 1979, 1682; A 1981, 60, 746; 1983, 1221, 1515,
1937; 1987, 952, 1657, 2215; 1989, 749; 1991, 1956; 1993, 1216, 2839;
1995, 725, 1691; 1999, 2720 ; 2001, 2 , 789 , 792 ; 2003, 2296 ; 2005, 2476 )
A dangerous
drug may be dispensed by:
1. A registered pharmacist upon the legal prescription from a
practitioner or to a pharmacy in a correctional institution upon the
written order of the prescribing practitioner in charge;
2. A pharmacy in a correctional institution, in case of emergency,
upon a written order signed by the chief medical officer;
3. A practitioner, or a physician assistant if authorized by the
Board;
4. A registered nurse, when the nurse is engaged in the
performance of any public health program approved by the Board;
5. A medical intern in the course of his internship;
6. An advanced practitioner of nursing who holds a certificate
from the State Board of Nursing and a certificate from the State Board of
Pharmacy permitting him to dispense dangerous drugs;
7. A registered nurse employed at an institution of the Department
of Corrections to an offender in that institution;
8. A registered pharmacist from an institutional pharmacy pursuant
to regulations adopted by the Board; or
9. A registered nurse to a patient at a rural clinic that is
designated as such pursuant to NRS 433.233 and that is operated by the Division of Mental
Health and Developmental Services of the Department of Health and Human
Services if the nurse is providing mental health services at the rural
clinic,
Ê except that no person may dispense a dangerous drug in violation of a
regulation adopted by the Board.
(Added to NRS by 1979, 1682; A 1981, 747; 1983, 1516; 1987, 807,
1583, 1658; 1989, 915; 1991, 794; 2001, 790 ; 2001 Special Session, 242 ; 2003, 1017 )
1. A person who furnishes any dangerous drug except upon the
prescription of a practitioner is guilty of a category D felony and shall
be punished as provided in NRS 193.130 ,
unless the dangerous drug was obtained originally by a legal prescription.
2. The provisions of this section do not apply to the furnishing
of any dangerous drug by:
(a) A practitioner to his patients;
(b) A physician assistant if authorized by the Board;
(c) A registered nurse while participating in a public health
program approved by the Board, or an advanced practitioner of nursing who
holds a certificate from the State Board of Nursing and a certificate
from the State Board of Pharmacy permitting him to dispense dangerous
drugs;
(d) A manufacturer or wholesaler or pharmacy to each other or to a
practitioner or to a laboratory under records of sales and purchases that
correctly give the date, the names and addresses of the supplier and the
buyer, the drug and its quantity;
(e) A hospital pharmacy or a pharmacy so designated by a county
health officer in a county whose population is 100,000 or more, or by a
district health officer in any county within its jurisdiction or, in the
absence of either, by the State Health Officer or his designated Medical
Director of Emergency Medical Services, to a person or agency described
in subsection 3 of NRS 639.268 to stock
ambulances or other authorized vehicles or replenish the stock; or
(f) A pharmacy in a correctional institution to a person designated
by the Director of the Department of Corrections to administer a lethal
injection to a person who has been sentenced to death.
(Added to NRS by 1973, 1197; A 1975, 354; 1977, 673, 938; 1979,
594, 1676; 1981, 747; 1983, 453, 1938; 1985, 887, 1701; 1987, 1658; 1989,
1126; 1991, 795; 1993, 451, 2841; 1995, 301, 1292, 1329; 2001, 791 ; 2001 Special Session, 242 )
1. Each prescription for a dangerous drug must be written on a
prescription blank or as an order on the chart of a patient. A chart of a
patient may be used to order multiple prescriptions for that patient.
2. A written prescription must contain:
(a) The name of the practitioner, his signature if the prescription
was not transmitted orally and his address if not immediately available
to the pharmacist;
(b) The classification of his license;
(c) The name of the patient, and his address if not immediately
available to the pharmacist;
(d) The name, strength and quantity of the drug or drugs prescribed;
(e) Directions for use; and
(f) The date of issue.
3. Directions for use must be specific in that they must indicate
the portion of the body to which the medication is to be applied, or, if
to be taken into the body by means other than orally, the orifice or
canal of the body into which the medication is to be inserted or injected.
(Added to NRS by 1979, 1682; A 1981, 748; 1983, 1516; 1985, 887;
1987, 1659)
No pharmacist shall
knowingly fill or refill any prescription for a dangerous drug for use by
any person other than the one for whom the prescription was originally
issued.
(Added to NRS by 1973, 1197)
1. Every retail pharmacy, hospital or any practitioner who engages
in the practice of dispensing or furnishing drugs to patients shall
maintain a complete and accurate record of all dangerous drugs purchased
and those sold on prescription, dispensed, furnished or disposed of
otherwise.
2. The records must be retained for a period of 2 years and must
be open to inspection by members, inspectors or investigators of the
Board or inspectors of the Food and Drug Administration.
3. Invoices showing all purchases of dangerous drugs constitute a
complete record of all dangerous drugs received.
4. For the purpose of this section, the prescription files of a
pharmacy constitute a record of the disposition of all dangerous drugs.
5. A person who violates any provision of this section is guilty
of a misdemeanor.
(Added to NRS by 1973, 1198; A 1979, 1678; 1981, 748; 1987, 1034;
1989, 1000, 1126; 1991, 1165; 1995, 302)
1. All stock and records of purchase and disposition of any
dangerous drug of a wholesaler, pharmacy, practitioner, hospital,
laboratory or a nonprofit cooperative agriculture organization which
supplies and distributes drugs and medicines only to its members are at
all times, during business hours, open to inspection by agents,
assistants, members and inspectors of the Board, inspectors of the Food
and Drug Administration, and agents and commissioners appointed pursuant
to chapter 585 of NRS for the enforcement of
the Nevada Food, Drug and Cosmetic Act. The records must be preserved for
at least 2 years after the date of making.
2. Any person who fails, neglects or refuses to maintain those
records or who, when called upon by an authorized officer to produce
those records, fails, neglects or refuses to produce them, or who
willfully produces or furnishes records which are false, is guilty of a
misdemeanor.
(Added to NRS by 1973, 1198; A 1979, 1678; 1981, 748; 1989, 1127;
1995, 302)
All agents, assistants and inspectors of the Board and
peace officers, while investigating violations of NRS 454.181 to 454.371 ,
inclusive, in performance of their official duties, and any person
working under their immediate direction, supervision or instruction are
immune from prosecution under NRS 454.181 to 454.371 ,
inclusive.
(Added to NRS by 1973, 1198)
1. Except as otherwise provided in subsection 2, a practitioner
who dispenses drugs and who personally furnishes his own patients with
such drugs as are necessary in the treatment of the condition for which
he attends a patient shall not do so without writing a prescription
unless the drugs so furnished are:
(a) Not charged for, either separately or together with charges for
other professional services, and the practitioner keeps accurate records,
as required by NRS 454.286 , of all
drugs so furnished;
(b) Clearly labeled with the date, the name and address of the
furnisher, the name of the patient, the directions for use, the name and
strength and the expiration date of the effectiveness of the drug, if
that information is required on the original label of the manufacturer of
that drug; and
(c) Not dispensed or furnished:
(1) By a nurse or attendant; or
(2) In violation of a regulation adopted by the Board.
2. A veterinarian may furnish multiple doses of drugs, necessary
for the treatment of large animals, to ranchers or dealers in livestock
for use solely in the treatment of livestock on the premises of the
rancher or dealer, and when furnishing those drugs the veterinarian is
not required to comply with the provisions of subsection 1, except for
subparagraph (2) of paragraph (c).
(Added to NRS by 1973, 1199; A 1979, 1678; 1981, 749; 1987, 807;
1989, 1127)
A person who violates any provision of
NRS 454.181 to 454.371 , inclusive, by use of a minor as an agent or
by unlawfully furnishing any dangerous drug to a minor is guilty of a
category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 5 years and a maximum term of
not more than 20 years, or by a fine of not more than $20,000, or by both
fine and imprisonment.
(Added to NRS by 1973, 1200; A 1979, 1475; 1995, 1292)
1. A person, other than a peace officer or inspector of the Board
in the performance of his official duty, who knowingly or intentionally
obtains or attempts to obtain possession of a dangerous drug or a
prescription for a dangerous drug by misrepresentation, fraud, forgery,
deception, subterfuge or alteration is guilty of a category E felony and
shall be punished as provided in NRS 193.130 .
2. A person who knowingly has in his possession any false,
fictitious, forged or altered prescription for a dangerous drug is guilty
of a category E felony and shall be punished as provided in NRS 193.130
.
3. A person who knowingly:
(a) Receives any dangerous drug from, or has in his possession or
under his control any dangerous drug obtained by, another person as a
result of any forged, false, fictitious or altered prescription; or
(b) Fills a prescription which is not genuine,
Ê is guilty of a category E felony and shall be punished as provided in
NRS 193.130 .
(Added to NRS by 1973, 1200; A 1981, 1967; 1985, 153, 888; 1995,
1292)
1. Except as otherwise provided in this section, a person who
possesses a dangerous drug, except that furnished to him by a pharmacist
pursuant to a legal prescription or by a practitioner, is guilty of a
gross misdemeanor. A person who has been twice previously convicted of
any offense:
(a) Described in this section; or
(b) Pursuant to any other law of the United States or this or any
other state or district which if committed in this State would have been
punishable as an offense under this section,
Ê is guilty of a category E felony and shall be punished as provided in
NRS 193.130 .
2. A prescription is not required for possession of a dangerous
drug by a person authorized by NRS 454.213 , any other person or class of persons approved
by the Board pursuant to regulation, jobbers, wholesalers, manufacturers
or laboratories authorized by laws of this State to handle, possess and
deal in dangerous drugs if the drugs are in stock containers properly
labeled and have been procured from a manufacturer, wholesaler or
pharmacy, or by a rancher who possesses a dangerous drug in a reasonable
amount for use solely in the treatment of livestock on his own premises.
(Added to NRS by 1973, 1200; A 1979, 953, 1679; 1987, 2216; 1991,
795, 1958; 1995, 1035, 1293, 1340)
Any person who dispenses or furnishes or permits the dispensing
or furnishing of any dangerous drug in violation of NRS 454.301 is guilty of a gross misdemeanor.
(Added to NRS by 1973, 1200; A 1985, 889)
1. Except as provided in subsection 3, any person who sells or
gives aerosol paint, glue or cement containing toluene to a person who is
less than 18 years of age is guilty of a gross misdemeanor.
2. The court shall suspend for a period of 1 year the business
license of a person who knowingly violates any provision of this section
after having been previously convicted of a violation of this section
unless he can demonstrate that he attempted in good faith to comply with
this section.
3. The provisions of this section do not apply to the sale of:
(a) Gasoline or other fuel for motor vehicles;
(b) Aerosol paint, glue or cement containing less than the minimum
amount of toluene which is subject to the requirements for special
labeling established pursuant to the Federal Hazardous Substances Act, 15
U.S.C. §§ 1261 et seq., as it exists on June 30, 1983; or
(c) Glue or cement which is included in a kit used for the
construction of model airplanes, automobiles, boats or trains or which is
used in connection with another hobby.
(Added to NRS by 1983, 242)
A person who, in order to obtain any dangerous
drug, falsely represents himself in a telephone conversation with a
pharmacist to be a physician or other person who can lawfully prescribe
such drugs or to be acting on behalf of a person who can lawfully
prescribe drugs:
1. For the first offense, is guilty of a misdemeanor.
2. For any subsequent offense, is guilty of a category E felony
and shall be punished as provided in NRS 193.130 .
(Added to NRS by 1973, 1201; A 1979, 1476; 1995, 1293)
It is unlawful for any person within this State to possess,
sell, offer to sell or hold for the purpose of sale or resale any nasal
inhaler which contains any drug capable of causing stimulation to the
central nervous system unless:
1. The product contains a denaturant in sufficient quantity to
render it unfit for internal use; and
2. The product is among such products listed as approved for sale
without restriction by the Board in the regulations officially adopted by
the Board.
(Added to NRS by 1973, 1201)
1. Any person who inhales, ingests, applies or otherwise uses or
possesses with the intent to inhale, ingest, apply or otherwise use any
drug, chemical, poison or organic solvent, or any compound or combination
of any drug, chemical, poison or organic solvent, in any manner contrary
to the directions for use, cautions or warnings appearing on the label
thereof, in order to create or induce a condition of intoxication,
euphoria, hallucination or elation, or to change, distort or disturb his
eyesight, thinking processes, balance or coordination or to affect his
central nervous system is guilty of a misdemeanor.
2. The provisions of this section do not apply to a person who
uses or intends to use any drug, chemical, poison or organic solvent for
medicinal purposes under the supervision of a physician, when the drug,
chemical, poison or organic solvent is used or intended for use in
keeping with the directions for use as given by the physician.
(Added to NRS by 1973, 75; A 1983, 242)
1. Any person within this State who possesses, procures, obtains,
processes, produces, derives, manufactures, sells, offers for sale, gives
away or otherwise furnishes any drug which may not be lawfully introduced
into interstate commerce under the Federal Food, Drug and Cosmetic Act is
guilty of a misdemeanor.
2. The provisions of this section do not apply:
(a) To physicians licensed to practice in this State who have been
authorized by the Food and Drug Administration to possess experimental
drugs for the purpose of conducting research to evaluate the
effectiveness of such drugs and who maintain complete and accurate
records of the use of such drugs and submit clinical reports as required
by the Food and Drug Administration.
(b) To any substance which has been licensed by the State Board of
Health for manufacture in this State but has not been approved as a drug
by the Food and Drug Administration. The exemption granted in this
paragraph does not grant authority to transport such a substance out of
this State.
(Added to NRS by 1973, 1201; A 1981, 749)
Except as otherwise
specifically provided, every person who violates any provision of NRS
454.181 to 454.371 , inclusive, is guilty of a misdemeanor.
(Added to NRS by 1973, 1201)
1. When a defendant pleads guilty to or is found guilty of any
violation of this chapter and an analysis of a dangerous drug was
performed in relation to his case, the justice or judge shall include in
the sentence the sum of $50 as a fee for the analysis of the dangerous
drug.
2. The money collected for such an analysis must not be deducted
from the fine imposed by the justice or judge, but must be taxed against
the defendant in addition to the fine. The money collected for such an
analysis must be stated separately on the court’s docket and must be
included in the amount posted for bail. If the defendant is found not
guilty or the charges are dropped, the money deposited with the court
must be returned to the defendant.
3. The money collected pursuant to subsection 1 in municipal court
must be paid by the clerk of the court to the county treasurer on or
before the fifth day of each month for the preceding month.
4. The money collected pursuant to subsection 1 in Justice Courts
must be paid by the clerk of the court to the county treasurer on or
before the fifth day of each month for the preceding month.
5. The board of county commissioners of each county shall by
ordinance, before September 1, 1987, create in the county treasury a fund
to be designated as the fund for forensic services. Upon receipt, the
county treasurer shall deposit any fee for the analyses of dangerous
drugs in the fund.
6. In counties which receive forensic services under a contract
with the State, any money in the fund for forensic services must be paid
monthly by the county treasurer to the State Treasurer for deposit in the
State General Fund, after retaining 2 percent of the money to cover his
administrative expenses.
7. In counties which do not receive forensic services under a
contract with the State, money in the fund for forensic services must be
expended, except as otherwise provided in this subsection:
(a) To pay for the analyses of dangerous drugs performed in
connection with criminal investigations within the county;
(b) To purchase and maintain equipment to conduct these analyses;
and
(c) For the training and continuing education of the employees who
conduct these analyses.
Ê Money from the fund must not be expended to cover the costs of analyses
conducted by, equipment used by or training for employees of an
analytical laboratory not registered with the Drug Enforcement
Administration of the United States Department of Justice.
(Added to NRS by 1987, 1398; A 1995, 2469; 2003, 1488 )
A conviction of the violation of any of the
provisions of NRS 454.181 to 454.371
, inclusive, constitutes grounds for the
suspension or revocation of any license issued to such person pursuant to
the provisions of chapters 630 , 631 , 633 , 635 , 636 , 638 or 639 of NRS.
(Added to NRS by 1973, 1201; A 1995, 1035)
The Board
shall administer and enforce NRS 454.181 to 454.371 ,
inclusive.
(Added to NRS by 1973, 1201)
1. If the Board finds any drug to be dangerous to the public
health or safety, it may adopt a regulation not inconsistent with NRS
454.181 to 454.371 , inclusive, limiting or restricting the
furnishing or dispensing of the drug.
2. A violation of such a regulation must be punished in the same
manner as provided in NRS 454.306 to
454.356 , inclusive.
(Added to NRS by 1973, 1201; A 1977, 74; 1987, 807)
Hypodermic Devices
1. Hypodermic devices which are not restricted by federal law to
sale by or on the order of a physician may be sold by a pharmacist, or by
a person in a pharmacy under the direction of a pharmacist, on the
prescription of a physician, dentist or veterinarian, or of an advanced
practitioner of nursing who is a practitioner. Those prescriptions must
be filed as required by NRS 639.236 ,
and may be refilled as authorized by the prescriber. Records of refilling
must be maintained as required by NRS 639.2393 to 639.2397 , inclusive.
2. Hypodermic devices which are not restricted by federal law to
sale by or on the order of a physician may be sold without prescription
for the following purposes:
(a) For use in the treatment of persons having asthma or diabetes.
(b) For use in injecting intramuscular or subcutaneous medications
prescribed by a practitioner for the treatment of human beings.
(c) For use in an ambulance or by a fire-fighting agency for which
a permit is held pursuant to NRS 450B.200 or 450B.210 .
(d) For the injection of drugs in animals or poultry.
(e) For commercial or industrial use or use by jewelers or other
merchants having need for those devices in the conduct of their business,
or by hobbyists if the seller is satisfied that the device will be used
for legitimate purposes.
(f) For use by funeral directors and embalmers, licensed medical
technicians or technologists, or research laboratories.
(Added to NRS by 1967, 1639; A 1971, 2028; 1973, 1202; 1983, 454,
1221; 1985, 1702; 1991, 796; 1993, 1223; 1995, 302)
The Board shall establish, by
regulation, the type of devices other than hypodermic needles and
syringes that must be sold in compliance with the provisions of NRS
454.480 to 454.530 , inclusive.
(Added to NRS by 1967, 1640; A 1977, 74; 1993, 1224)
It is
unlawful for any person to have in his possession or under his control
any hypodermic device unless he has acquired possession of such device in
accordance with the provisions of NRS 454.480 to 454.530 ,
inclusive.
(Added to NRS by 1967, 1640; A 1993, 1224)
Any person who
has lawfully obtained a hypodermic device, as provided by NRS 454.480
to 454.530 , inclusive, and uses, permits or causes,
directly or indirectly, such a device to be used for any purpose other
than that for which it was purchased is guilty of a misdemeanor.
(Added to NRS by 1967, 1640; A 1993, 1224)
Any person who
obtains possession of any hypodermic device by a fraudulent
representation, a forged or fictitious name, or in violation of the
provisions of NRS 454.480 to 454.530
, inclusive, is guilty of a gross
misdemeanor.
(Added to NRS by 1967, 1640; A 1981, 1967; 1993, 1224)
Enforcement
In any
complaint, information or indictment and in any action or proceeding
brought for the enforcement of any provision of NRS 454.181 to 454.530 ,
inclusive, it is not necessary to negate any exception, excuse, proviso
or exemption contained in NRS 454.181
to 454.530 , inclusive, and the burden
of proof of any such exception, excuse, proviso or exemption is upon the
defendant.
(Added to NRS by 1969, 283; A 1971, 2029; 1973, 1202; 1983, 243)
The amount of a drug needed to sustain a conviction
of a person for an offense prohibited by NRS 454.181 to 454.371 ,
inclusive, is that amount necessary for identification as such drug by a
witness qualified to make such identification for the prosecution and a
witness qualified to make such identification for the defense.
(Added to NRS by 1971, 359; A 1973, 1202)
MISCELLANEOUS PROVISIONS
This chapter does
not apply to:
1. Except as otherwise provided in NRS 454.323 , products subject to the provisions of the
Federal Hazardous Substances Act, 15 U.S.C. §§ 1261 et seq.; and
2. Products registered under the Federal Insecticide, Fungicide,
and Rodenticide Act, 7 U.S.C. §§ 136 et seq.,
Ê as the acts exist, respectively, on June 30, 1983.
(Added to NRS by 1967, 1631; A 1983, 243)
1. An advanced practitioner of nursing may prescribe poisons,
dangerous drugs and devices for legitimate medical purposes in accordance
with:
(a) The certificates he holds from the Board and the State Board of
Nursing; and
(b) The protocol which is approved by the State Board of Nursing.
2. For the purposes of this section, “protocol” means the written
agreement between a physician and an advanced practitioner of nursing
which sets forth matters including the:
(a) Patients which the advanced practitioner of nursing may serve;
(b) Specific poisons, dangerous drugs and devices which the
advanced practitioner of nursing may prescribe; and
(c) Conditions under which the advanced practitioner of nursing
must directly refer the patient to the physician.
(Added to NRS by 1983, 1220; A 1991, 797)
The Board may bring an action to enjoin
any act which would be in violation of the provisions of this chapter.
Such action must be commenced in the district court for the county in
which the act is to occur and must be in conformity with Rule 65 of the
Nevada Rules of Civil Procedure, except that the Board is not required to
allege facts necessary to show or tending to show lack of adequate remedy
at law or irreparable damage or loss. The action must be brought in the
name of the State of Nevada.
(Added to NRS by 1979, 1681)
