USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 639 - PHARMACISTS AND PHARMACY
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 639.0015
to 639.016 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1967, 1651; A 1975, 422; 1977, 191; 1979, 1683;
1983, 1505; 1985, 868, 876; 1987, 948, 1649; 1989, 1751; 1991, 368, 791,
1157; 1993, 630, 2154; 1995, 289; 2001, 1067 ; 2003, 2279 )
“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, 791)
“Board” means the State Board of
Pharmacy.
(Added to NRS by 1967, 1651)
“Certificate,” unless
otherwise indicated, means a certificate of registration as a pharmacist
in this State.
(Added to NRS by 1967, 1651)
“Chart order” means an order
entered on the chart of a patient 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 on the chart of a patient 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 1967, 1651; A 1971, 683; 1973, 774; 1979, 1683;
1985, 1768)
“Chemical” means 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, 1651)
“Compound” or
“compounding” means to form or make up a composite product by combining
two or more different ingredients.
(Added to NRS by 1979, 1696)
“Conviction” means a plea or
verdict of guilty or a conviction following a plea of nolo contendere to
a charge of a felony, any offense involving moral turpitude or any
violation of the provisions of this chapter or chapter 453 or 454 of NRS.
(Added to NRS by 1967, 1651; A 1971, 2039; 1995, 2477; 2003, 1499
)
1. “Dispense” means to deliver a controlled substance or dangerous
drug to an ultimate user, patient or subject of research by or pursuant
to the lawful order of a practitioner, including the prescribing by a
practitioner, administering, packaging, labeling or compounding necessary
to prepare the substance for that delivery.
2. The term does not include the furnishing of a controlled
substance by a hospital pharmacy for inpatients.
(Added to NRS by 1995, 287)
“Drug” and “medicine”
mean:
1. Articles recognized in the official United States
Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United
States, or official National Formulary, or any supplement to any of them;
2. Articles and devices intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in man or other animals;
3. Articles, other than food, aspirin and effervescent saline
analgesics, intended to affect the structure or any function of the body
of man or other animals;
4. Articles intended for use as a component of any article
specified in subsection 1, 2 or 3 of this section; and
5. Any controlled substance.
(Added to NRS by 1967, 1651; A 1971, 2039; 1983, 1505; 1987, 1566)
“Drug sample” means a unit of
a drug that is not to be sold and is used to promote the sale of the drug.
(Added to NRS by 1991, 1155)
“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, 1696)
“Hospital” means any facility
which is licensed by the Department of Health and Human Services as a
hospital and which provides care and treatment for 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 1987, 948)
“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, 1651)
“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 1983, 1504; A 1987, 1649; 1993, 1989)
“Intern pharmacist”
means a person registered with and issued a certificate of registration
by the Board as an intern pharmacist pursuant to NRS 639.137 .
(Added to NRS by 1993, 630; A 1999, 239 )
1. “Internet pharmacy” means a person located within or outside
this State who knowingly:
(a) Uses or attempts to use the Internet, in whole or in part, to
communicate with or obtain information from another person; and
(b) Uses or attempts to use such communication or information, in
whole or in part, to fill or refill a prescription or otherwise engage in
the practice of pharmacy.
2. As used in this section, “Internet” has the meaning ascribed to
it in NRS 453.3625 .
(Added to NRS by 2001, 1066 )
“Managing pharmacist”
means a registered pharmacist who is responsible for the operation of a
pharmacy.
(Added to NRS by 1985, 875)
“Manufacturer” means a person
who:
1. Derives, produces, prepares, compounds, mixes, cultivates,
grows or processes any drug or medicine;
2. Repackages any drug or medicine for the purposes of resale; or
3. Produces or makes 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, 1651; A 1993, 630, 1219)
“Nuclear pharmacist”
means a pharmacist who:
1. Is licensed to practice in this State; and
2. Meets the requirements of training and experience concerning
the handling of radioactive materials pursuant to the regulations adopted
by the Nuclear Regulatory Commission or the Health Division of the
Department of Health and Human Services.
(Added to NRS by 1989, 1750)
“Nuclear pharmacy” means
a pharmacy:
1. Where radiopharmaceuticals are stored, compounded or dispensed;
and
2. Which is licensed by the Nuclear Regulatory Commission or the
Health Division of the Department of Health and Human Services to handle
radioactive materials.
(Added to NRS by 1989, 1750)
“Parenteral solutions” or “parenterals” means those drugs which are
administered into the human body by injection under or through one or
more layers of skin or mucous membrane.
(Added to NRS by 1985, 867; A 1991, 1157)
“Pharmaceutical
technician” means a person who performs technical services in a pharmacy
under the direct supervision of a pharmacist and is registered with the
Board.
(Added to NRS by 2003, 2278 )
“Pharmaceutical technician in training” means a person who is:
1. Registered with the Board in order to obtain the training and
experience required to be a pharmaceutical technician; or
2. Enrolled in a program of training for pharmaceutical
technicians that is approved by the Board.
(Added to NRS by 2003, 2278 )
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:
(a) Pharmacies owned or operated by the State of Nevada and
political subdivisions and municipal corporations therein.
(b) Institutional pharmacies.
(c) Pharmacies in correctional institutions.
(d) Nuclear pharmacies.
(e) Internet pharmacies.
(Added to NRS by 1967, 1652; A 1973, 774; 1979, 1683; 1983, 1505;
1987, 1649; 1989, 1751; 2001, 1067 )
“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
institution or facility, including a jail and facilities for the
detention of juveniles.
(Added to NRS by 1987, 1649)
“Practice of
pharmacy” includes, but is not limited to, the:
1. Performance or supervision of activities associated with
manufacturing, compounding, labeling, dispensing and distributing of a
drug, including the receipt, handling and storage of prescriptions and
other confidential information relating to patients.
2. Interpretation and evaluation of prescriptions or orders for
medicine.
3. Participation in drug evaluation and drug research.
4. Advising of the therapeutic value, reaction, drug interaction,
hazard and use of a drug.
5. Selection of the source, storage and distribution of a drug.
6. Maintenance of proper documentation of the source, storage and
distribution of a drug.
7. Interpretation of clinical data contained in a person’s record
of medication.
8. Development of written guidelines and protocols in
collaboration with a practitioner which are intended for a patient in a
licensed medical facility and authorize the implementation, monitoring
and modification of drug therapy. The written guidelines and protocols
may authorize a pharmacist to order and use the findings of laboratory
tests and examinations.
9. Implementation and modification of drug therapy in accordance
with the authorization of the prescribing practitioner for a patient in a
pharmacy in which drugs, controlled substances, poisons, medicines or
chemicals are sold at retail.
Ê The term does not include the changing of a prescription by a
pharmacist or practitioner without the consent of the prescribing
practitioner, except as otherwise provided in NRS 639.2583 .
(Added to NRS by 1991, 367; A 2003, 2279 )
NRS 639.0125 “Practitioner” defined. “Practitioner”
means:
1. A physician, dentist, veterinarian or podiatric physician who
holds a license to practice his profession in this State;
2. A hospital, pharmacy or other institution licensed, registered
or otherwise permitted to distribute, dispense, conduct research with
respect to or administer drugs in the course of professional practice or
research in this State;
3. An advanced practitioner of nursing who has been authorized to
prescribe controlled substances, poisons, dangerous drugs and devices;
4. A physician assistant who:
(a) Holds a license issued by the Board of Medical Examiners; and
(b) Is authorized by the Board to possess, administer, prescribe or
dispense controlled substances, poisons, dangerous drugs or devices under
the supervision of a physician as required by chapter 630 of NRS;
5. An osteopathic physician’s assistant who:
(a) Holds a certificate issued by the State Board of Osteopathic
Medicine; and
(b) Is authorized by the Board to possess, administer, prescribe or
dispense controlled substances, poisons, dangerous drugs or devices under
the supervision of an osteopathic physician as required by chapter 633
of NRS; or
6. An optometrist who is certified by the Nevada State Board of
Optometry to prescribe and administer therapeutic pharmaceutical agents
pursuant to NRS 636.288 , when he
prescribes or administers therapeutic pharmaceutical agents within the
scope of his certification.
(Added to NRS by 1979, 1696; A 1985, 876; 1989, 1121; 1991, 791;
1993, 2224; 1995, 1711; 1997, 687; 2001, 408 , 775 , 1631 , 1635 )
1. “Prescription” means:
(a) An order given individually for the person for whom prescribed,
directly from the practitioner to a pharmacist or indirectly by means of
an order signed by the practitioner or by 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 discharge.
2. The term does not include a chart order written for an
inpatient for use while he is an inpatient.
(Added to NRS by 1967, 1652; A 1973, 774; 1979, 343, 1684; 1987,
1650; 1991, 1948)
“Radiopharmaceutical”
means any substance defined as a drug in 21 U.S.C. § 321(g)(1) which:
1. Exhibits spontaneous disintegration of unstable nuclei which
emit nuclear particles or photons; or
2. Is intended to be made radioactive.
Ê The term includes nonradioactive reagent kits and nuclide generators
which are used in the preparation of any substance. The term does not
include drugs containing compounds of carbon or potassium or salts
containing potassium which contain trace quantities of naturally
occurring radionuclides.
(Added to NRS by 1989, 1750)
“Refill” means to fill again.
(Added to NRS by 1979, 1696)
“Registered
pharmacist” means:
1. A person registered in this State as such on July 1, 1947;
2. A person registered in this State as such in compliance with
the provisions of paragraph (c) of section 3 of chapter 195, Statutes of
Nevada 1951; or
3. A person who has complied with the provisions of NRS 639.120
and whose name has been entered in the
registry of pharmacists of this State by the Executive Secretary of the
Board and to whom a valid certificate as a registered pharmacist or valid
renewal thereof has been issued by the Board.
(Added to NRS by 1967, 1652; A 2003, 2280 )
“Wholesale
distribution” means the distribution of drugs to persons other than
consumers or patients, but does not include:
1. Sales within a company.
2. The purchase or other acquisition of a drug by a health care
facility or a pharmacy that is a member of a purchasing organization.
3. The sale, purchase or trade of a drug or an offer to sell,
purchase or trade a drug:
(a) By a charitable organization, as defined by section 501(c)(3)
of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)(3)), to a
nonprofit affiliate of the organization.
(b) Between health care facilities or pharmacies that are under
common control.
(c) For emergency medical reasons.
(d) Pursuant to a prescription.
4. A transfer of drugs, in an amount not to exceed 5 percent of
the total annual sales, by a retail pharmacy to another retail pharmacy
to alleviate a temporary shortage.
5. The distribution of drug samples by a representative of the
manufacturer or distributor.
6. The sale, purchase or exchange of blood or blood components for
transfusions.
Ê As used in this section, “health care facility” has the meaning
ascribed to it in NRS 449.800 .
(Added to NRS by 1991, 1155)
“Wholesaler” means a wholesale
distributor as defined by 21 C.F.R. § 205.3(g) who supplies or
distributes drugs, medicines 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 includes a
person who derives, produces, prepares or repackages drugs, medicines or
chemicals or devices or appliances that are restricted by federal law to
sale by or on the order of a physician on sales orders for resale. The
term does not include a nonprofit cooperative agricultural organization
which supplies or distributes veterinary drugs and medicines only to its
own members.
(Added to NRS by 1967, 1652; A 1991, 1157; 1993, 1220)
STATE BOARD OF PHARMACY
The
State Board of Pharmacy, consisting of seven members appointed by the
Governor, is hereby created.
[Part 5:286:1913; A 1947, 667; 1943 NCL § 5044]—(NRS A 1965, 307;
1973, 811; 1977, 1256; 1989, 2036)
1. The Governor shall appoint:
(a) Six members who are registered pharmacists in the State of
Nevada, are actively engaged in the practice of pharmacy in the State of
Nevada and have had at least 5 years’ experience as registered
pharmacists preceding the appointment.
(b) One member who is a representative of the general public and is
not related to a pharmacist registered in the State of Nevada by
consanguinity or affinity within the third degree.
2. Appointments of registered pharmacists must be representative
of the practice of pharmacy.
3. Within 30 days after his appointment, each member of the Board
shall take and subscribe an oath to discharge faithfully and impartially
the duties prescribed by this chapter.
4. After the initial terms, the members of the Board must be
appointed to terms of 3 years. A person may not serve as a member of the
Board for more than three consecutive terms. If a vacancy occurs during a
member’s term, the Governor shall appoint a person qualified under this
section to replace that member for the remainder of the unexpired term.
5. The Governor shall remove from the Board any member, after a
hearing, for neglect of duty or other just cause.
[Part 5:286:1913; A 1947, 667; 1943 NCL § 5044]—(NRS A 1963, 474;
1975, 1307; 1977, 1256; 1987, 1817; 1989, 2036)
1. The Board shall elect a President and a Treasurer from among
its members.
2. The Board shall employ an Executive Secretary, who is not a
member of the Board. The Executive Secretary must have experience as a
licensed pharmacist in this State or in another state with comparable
licensing requirements. The Executive Secretary shall keep a complete
record of all proceedings of the Board and of all certificates issued,
and shall perform such other duties as the Board may require, for which
services he is entitled to receive a salary to be determined by the Board.
[Part 5:286:1913; A 1947, 667; 1943 NCL § 5044] + [Part 6:286:1913;
A 1947, 667; 1943 NCL § 5045]—(NRS A 1987, 1818; 1989, 1701, 2036; 1999,
239 ; 2003, 2280 ; 2005, 1615 )
1. The Board shall hold a meeting at least once in every 6 months.
2. Four members of the Board constitute a quorum.
3. Meetings of the Board which are held to deliberate on the
decision in an administrative action or to prepare, grade or administer
examinations are closed to the public.
4. Each member of the Board is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the Board,
while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the
Board, while engaged in the business of the Board. The rate must not
exceed the rate provided for state officers and employees generally.
5. While engaged in the business of the Board, each employee of
the Board is entitled to receive a per diem allowance and travel expenses
at a rate fixed by the Board. The rate must not exceed the rate provided
for state officers and employees generally.
[Part 6:286:1913; A 1947, 667; 1943 NCL § 5045] + [Part 7:286:1913;
A 1951, 290; 1953, 588]—(NRS A 1963, 156; 1967, 1643; 1975, 1307; 1979,
1684; 1981, 1994; 1987, 948; 1989, 1702, 2037)
Before September 1 of
each even-numbered year, for the biennium ending June 30 of that year,
the Board shall report to the Governor upon the condition of pharmacy in
the State of Nevada. The report must contain:
1. A summary of the proceedings of the Board for the year.
2. The names of all pharmacists registered under this chapter.
3. A complete statement of all fees received.
[Part 7:286:1913; A 1951, 290; 1953, 588]—(NRS A 1965, 62; 1967,
1643; 1969, 1459; 1983, 1505)
1. The Board shall prepare an annual report concerning drugs that
are returned or transferred to pharmacies pursuant to NRS 433.801 , 449.2485
and 639.2675 and are reissued to fill
other prescriptions. The report must include, without limitation:
(a) The number of drugs that are returned to dispensing pharmacies.
(b) The number of drugs that are reissued to fill other
prescriptions.
(c) An estimate of the amount of money saved by reissuing such
drugs to fill other prescriptions.
(d) Any other information that the Board deems necessary.
2. The report must be:
(a) Available for public inspection during regular business hours
at the office of the Board; and
(b) Posted on a website or other Internet site that is operated or
administered by or on behalf of the Board.
(Added to NRS by 2003, 1373 )
The Board shall prepare an annual report concerning
immunizations administered by pharmacists that includes, without
limitation, the number of immunizations which were administered by
pharmacists during the previous year, any problems or complaints reported
to the Board concerning immunizations administered by pharmacists and any
other information that the Board determines would be useful in
determining whether pharmacists should continue to administer
immunizations in this State. The report must be available for public
inspection during regular business hours at the office of the Board.
(Added to NRS by 1999, 2722 )
The Board shall post on a website or other
Internet site that is operated or administered by or on behalf of the
Board:
1. A general description of the basic elements of the Compliance
Program Guidance for Pharmaceutical Manufacturers that is published by
the Office of Inspector General of the United States Department of Health
and Human Services, or links to websites or other Internet sites that are
operated or administered by or on behalf of the Office of Inspector
General where such information may be obtained;
2. A general description of the process for reporting unlawful or
unethical conduct by pharmaceutical manufacturers to the Office of
Inspector General, or links to websites or other Internet sites that are
operated or administered by or on behalf of the Office of Inspector
General where such information may be obtained; and
3. A current telephone number for the Office of Inspector General.
(Added to NRS by 2003, 1213 )
1. The Board may:
(a) Adopt such regulations, not inconsistent with the laws of this
State, as are necessary for the protection of the public, appertaining to
the practice of pharmacy and the lawful performance of its duties.
(b) Adopt regulations requiring that prices charged by retail
pharmacies for drugs and medicines which are obtained by prescription be
posted in the pharmacies and be given on the telephone to persons
requesting such information.
(c) Adopt regulations, not inconsistent with the laws of this
State, authorizing the Executive Secretary of the Board to issue
certificates, licenses and permits required by this chapter and chapters
453 and 454 of
NRS.
(d) Adopt regulations governing the dispensing of poisons, drugs,
chemicals and medicines.
(e) Regulate the practice of pharmacy.
(f) Regulate the sale and dispensing of poisons, drugs, chemicals
and medicines.
(g) Regulate the means of recordkeeping and storage, handling,
sanitation and security of drugs, poisons, medicines, chemicals and
devices, including, but not limited to, requirements relating to:
(1) Pharmacies, institutional pharmacies and pharmacies in
correctional institutions;
(2) Drugs stored in hospitals; and
(3) Drugs stored for the purpose of wholesale distribution.
(h) Examine and register, upon application, pharmacists and other
persons who dispense or distribute medications whom it deems qualified.
(i) Charge and collect necessary and reasonable fees for its
services, other than those specifically set forth in this chapter.
(j) Maintain offices in as many localities in the State as it finds
necessary to carry out the provisions of this chapter.
(k) Employ an attorney, inspectors, investigators and other
professional consultants and clerical personnel necessary to the
discharge of its duties.
(l) Enforce the provisions of NRS 453.011 to 453.552 ,
inclusive, and enforce the provisions of this chapter and chapter 454
of NRS.
(m) Adopt regulations concerning the information required to be
submitted in connection with an application for any license, certificate
or permit required by this chapter or chapter 453 or 454 of NRS.
(n) Adopt regulations concerning the education, experience and
background of a person who is employed by the holder of a license or
permit issued pursuant to this chapter and who has access to drugs and
devices.
(o) Adopt regulations concerning the use of computerized mechanical
equipment for the filling of prescriptions.
(p) Participate in and expend money for programs that enhance the
practice of pharmacy.
2. This section does not authorize the Board to prohibit
open-market competition in the advertising and sale of prescription drugs
and pharmaceutical services.
[Part 7:286:1913; A 1951, 290; 1953, 588]—(NRS A 1961, 755; 1963,
156, 474; 1967, 1643; 1971, 2039; 1973, 259; 1975, 202, 1307, 1315; 1979,
1684; 1983, 1506; 1987, 804, 1650; 1991, 1157; 1993, 630; 1995, 290;
2001, 1067 ; 2003, 563 , 2280 )
The Board may
adopt such regulations as are necessary for the safe and efficient
operation of institutional pharmacies.
(Added to NRS by 1987, 1649)
The Board
shall adopt regulations concerning the safe and efficient operation of
pharmacies in correctional institutions.
(Added to NRS by 1987, 1649)
1. The Board shall adopt such regulations as are necessary for the
safe and efficient operation of pharmacies and wholesalers that offer
their services to persons in this State via the Internet.
2. For the purposes of this section, “pharmacy” includes any
person who sells or offers to sell drugs to persons in this State via the
Internet.
(Added to NRS by 2001, 1631 )
1. If the public interest would best be served, the Board may
adopt regulations restricting the sale of drugs to sale by or under the
direct supervision of a registered pharmacist.
2. Any regulation adopted pursuant to the provisions of this
section shall also include the conditions under which such drugs shall be
stored in a pharmacy and the circumstances under which such drugs may be
sold.
(Added to NRS by 1967, 1652; A 1973, 774; 1979, 1685)
The Board may adopt such regulations as may be necessary to ensure that
proper and adequate safeguards, including dispensing procedures, are
followed to protect a registered nurse who:
1. Participates in a public health program approved by the Board;
or
2. Provides mental health services 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.
(Added to NRS by 1977, 939; A 2003, 1018 )
1. The Board may adopt regulations concerning the transfer of
information between pharmacies relating to prescriptions.
2. The Board shall adopt regulations concerning the electronic
transmission and the transmission by a facsimile machine of a
prescription from a practitioner to a pharmacist for the dispensing of a
drug. The regulations must establish procedures to:
(a) Ensure the security and confidentiality of the data that is
transmitted between:
(1) The practitioner and the pharmacy;
(2) The practitioner and an insurer of the person for whom
the prescription is issued; and
(3) The pharmacy and an insurer of the person for whom the
prescription is issued.
(b) Protect the identity of the practitioner to prevent misuse of
the identity of the practitioner or other fraudulent conduct related to
the electronic transmission of a prescription.
(c) Verify the authenticity of a signature that is produced:
(1) By the computer or other electronic device; or
(2) Manually by the practitioner.
3. The Board shall adopt regulations governing the exchange of
information between pharmacists and practitioners relating to
prescriptions filled by the pharmacists for persons who are suspected of:
(a) Misusing prescriptions to obtain excessive amounts of drugs.
(b) Failing to use a drug in conformity with the directions for its
use or taking a drug in combination with other drugs in a manner that
could result in injury to that person.
Ê The pharmacists and practitioners shall maintain the confidentiality of
the information exchanged pursuant to this subsection.
(Added to NRS by 1991, 1948; A 1993, 493; 1995, 291; 1997, 687;
2001, 834 , 1635 ; 2003, 67 )
The Board shall operate on the basis of
a fiscal year commencing on July 1 and terminating on June 30.
(Added to NRS by 1963, 156)
1. Except as otherwise provided in subsection 3, all money coming
into the possession of the Board must be kept or deposited by the
Executive Secretary of the Board in banks, credit unions or savings and
loan associations in the State of Nevada, or invested in United States
treasury bills or notes, to be expended for payment of compensation and
expenses of members of the Board and for other necessary or proper
purposes in the administration of this chapter.
2. The Board may delegate to a hearing officer or panel its
authority to take any disciplinary action pursuant to this chapter,
impose and collect fines therefor and deposit the money therefrom in
banks, credit unions or savings and loan associations in this State.
3. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 2 and the Board deposits the
money collected from the imposition of fines with the State Treasurer for
credit to the State General Fund, it may present a claim to the State
Board of Examiners for recommendation to the Interim Finance Committee if
money is needed to pay attorney’s fees or the costs of an investigation,
or both.
(Added to NRS by 1975, 1306; A 1983, 1540; 1999, 1535 ; 2003, 2281 )
The members of the Board, its
inspectors and investigators are designated and constituted agents for
the enforcement and carrying out of the provisions of this chapter, and
for this purpose they are entitled to have free access at all times
during business hours to all places where drugs, medicines or poisons or
devices or appliances that are restricted by federal law to sale by or on
the order of a physician are held or offered for sale and to all records
of sale and disposition of drugs, medicines or poisons or devices or
appliances that are restricted by federal law to sale by or on the order
of a physician.
[20:286:1913; A 1947, 667; 1943 NCL § 5059]—(NRS A 1967, 1643;
1993, 1220)
The Board may communicate the results of its deliberations or
investigations to other public agencies, and the Board or its members,
agents, servants, employees or attorneys shall not incur any liability as
a result of such communications.
(Added to NRS by 1967, 1652)
The Board shall furnish each applicant for registration and each
resident registered pharmacist with a free copy of chapters 453 , 454 , 585 and 639 of NRS and the
regulations of the Board. Free copies must be provided nonresident
pharmacists registered in Nevada upon request.
(Added to NRS by 1967, 1652; A 1975, 1308; 1977, 90; 1979, 1685)
The Board may
bring an action to enjoin any act which would be in violation of the
provisions of this chapter. Such action shall be commenced in the
district court in and for the county in which the act is to occur and
shall be in conformity with Rule 65 of the Nevada Rules of Civil
Procedure, except that the Board shall not be required to allege facts
necessary to show or tending to show lack of adequate remedy at law or
irreparable damage or loss. The action shall be brought in the name of
the State of Nevada.
(Added to NRS by 1967, 1653)
CERTIFICATES, LICENSES AND PERMITS
1. Except as otherwise provided in this chapter, it is unlawful
for any person to manufacture, engage in wholesale distribution,
compound, sell or dispense, or permit to be manufactured, distributed at
wholesale, compounded, sold or dispensed, any drug, poison, medicine or
chemical, or to dispense or compound, or permit to be dispensed or
compounded, any prescription of a practitioner, unless he:
(a) Is a prescribing practitioner, a person licensed to engage in
wholesale distribution, a technologist in radiology or nuclear medicine
under the supervision of the prescribing practitioner, a registered
pharmacist, or a registered nurse certified in oncology under the
supervision of the prescribing practitioner; and
(b) Complies with the regulations adopted by the Board.
2. Sales representatives, manufacturers or wholesalers selling
only in wholesale lots and not to the general public and compounders or
sellers of medical gases need not be registered pharmacists. A person
shall not act as a manufacturer or wholesaler unless he has obtained a
license from the Board.
3. Any nonprofit cooperative organization or any manufacturer or
wholesaler who furnishes, sells, offers to sell or delivers a controlled
substance which is intended, designed and labeled “For Veterinary Use
Only” is subject to the provisions of this chapter, and shall not
furnish, sell or offer to sell such a substance until he has obtained a
license from the Board.
4. Each application for such a license must be made on a form
furnished by the Board and an application must not be considered by the
Board until all the information required thereon has been completed. Upon
approval of the application by the Board and the payment of the required
fee, the Board shall issue a license to the applicant. Each license must
be issued to a specific person for a specific location.
[Part 1:286:1913; A 1947, 667; 1949, 554; 1951, 290; 1953, 588;
1955, 307]—(NRS A 1960, 182; 1967, 1644; 1969, 909; 1971, 2040; 1975,
1308; 1979, 1685; 1983, 1506; 1987, 804, 1566; 1991, 1158; 1997, 1258;
1999, 239 )
1. An applicant to become a registered pharmacist in this State
must:
(a) Be of good moral character.
(b) Be a graduate of a college of pharmacy or department of
pharmacy of a university accredited by the American Council on
Pharmaceutical Education or Canadian Council for Accreditation of
Pharmacy Programs and approved by the Board or a graduate of a foreign
school who has passed an examination for foreign graduates approved by
the Board to demonstrate that his education is equivalent.
(c) Pass an examination approved and given by the Board with a
grade of at least 75 on the examination as a whole and a grade of at
least 75 on the examination on law. An applicant for registration by
reciprocity must pass the examination on law with at least a grade of 75.
(d) Complete not less than 1,500 hours of practical pharmaceutical
experience as an intern pharmacist under the direct and immediate
supervision of a registered pharmacist.
2. The practical pharmaceutical experience required pursuant to
paragraph (d) of subsection 1 must relate primarily to the selling of
drugs, poisons and devices, the compounding and dispensing of
prescriptions, preparing prescriptions and keeping records and preparing
reports required by state and federal statutes.
3. The Board may accept evidence of compliance with the
requirements set forth in paragraph (d) of subsection 1 from boards of
pharmacy of other states in which the experience requirement is
equivalent to the requirements in this State.
[2:286:1913; A 1947, 667; 1951, 290]—(NRS A 1961, 472; 1963, 475;
1965, 543; 1967, 1644; 1973, 775; 1975, 1309; 1985, 876; 1999, 240 ; 2003, 2282 )
1. An applicant for registration as a pharmacist in this State
must submit an application to the Executive Secretary of the Board on a
form furnished by the Board and must pay the fee fixed by the Board. The
fee must be paid at the time the application is submitted and is
compensation to the Board for the investigation and the examination of
the applicant. Under no circumstances may the fee be refunded.
2. Proof of the qualifications of any applicant must be made to
the satisfaction of the Board and must be substantiated by affidavits,
records or such other evidence as the Board may require.
3. An application is only valid for 1 year after the date it is
received by the Board unless the Board extends its period of validity.
4. A certificate of registration as a pharmacist must be issued to
each person who the Board determines is qualified pursuant to the
provisions of NRS 639.120 and 639.134
. The certificate entitles the person to
whom it is issued to practice pharmacy in this State.
(Added to NRS by 1967, 1653; A 1979, 1686; 1983, 178; 1985, 877;
1999, 240 ; 2003, 2282 )
Repealed. (See chapter 501, Statutes of Nevada 2005, at page
2818 .)
[Effective until the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) A natural person who applies for the issuance of a certificate
of registration as a pharmacist, intern pharmacist, pharmaceutical
technician or pharmaceutical technician in training or a license issued
pursuant to NRS 639.233 shall include
the social security number of the applicant in the application submitted
to the Board.
(b) A natural person who applies for the issuance or renewal of a
certificate of registration as a pharmacist, intern pharmacist,
pharmaceutical technician or pharmaceutical technician in training or a
license issued pursuant to NRS 639.233
shall submit to the Board the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and Human
Services pursuant to NRS 425.520 . The
statement must be completed and signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the certificate or license; or
(b) A separate form prescribed by the Board.
3. A certificate of registration as a pharmacist, intern
pharmacist, pharmaceutical technician or pharmaceutical technician in
training or a license issued pursuant to NRS 639.233 may not be issued or renewed by the Board if
the applicant is a natural person who:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2147; A 2003, 2283 ; 2005, 2747 , 2807 , 2816 )
[Effective on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]
1. In addition to any other requirements set forth in this
chapter, a natural person who applies for the issuance or renewal of a
certificate of registration as a pharmacist, intern pharmacist,
pharmaceutical technician or pharmaceutical technician in training or a
license issued pursuant to NRS 639.233
shall submit to the Board the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and Human
Services pursuant to NRS 425.520 . The
statement must be completed and signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the certificate or license; or
(b) A separate form prescribed by the Board.
3. A certificate of registration as a pharmacist, intern
pharmacist, pharmaceutical technician or pharmaceutical technician in
training or a license issued pursuant to NRS 639.233 may not be issued or renewed by the Board if
the applicant is a natural person who:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2147; A 2003, 2283 ; 2005, 2747 , 2807 , 2816 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
1. An applicant for a certificate as a registered pharmacist who
has failed to pass the Board’s examination for the certificate is not
eligible for reexamination until the next regularly scheduled examination
conducted by the Board.
2. No subsequent examination may be given to any applicant until
he has filed a new application and paid a fee therefor.
[Part 8:286:1913; A 1951, 290; 1953, 588; 1955, 307]—(NRS A 1967,
1645; 1975, 1309; 1983, 178; 1985, 877)
1. The Board may, without an examination, register as a pharmacist
any person who:
(a) Is registered as a pharmacist in another jurisdiction if he was
required to pass an examination in order to be registered in that
jurisdiction;
(b) Produces evidence satisfactory to the Board that he has the
required secondary and professional education and training and, if a
graduate of a foreign school, produces evidence that, before taking the
examination for registration in that jurisdiction, he passed an
examination for foreign graduates offered in that jurisdiction which is
comparable to the examination required pursuant to paragraph (b) of
subsection 1 of NRS 639.120 ; and
(c) Is of good moral character.
2. The provisions of this section apply only if pharmacists
registered in this State are granted similar privileges by the state in
which the applicant is registered.
(Added to NRS by 1973, 783; A 1985, 878; 1999, 241 )
1. Any person who is not a registered pharmacist, but who is
employed in this State for the purpose of fulfilling the requirements of
paragraph (d) of subsection 1 of NRS 639.120 to become eligible for registration as a
pharmacist, shall register with the Board as an intern pharmacist. An
applicant, to be eligible for registration as an intern pharmacist, must
be enrolled in a college of pharmacy or a department of pharmacy of a
university approved by the Board or be a graduate of a foreign school and
pass an examination for foreign graduates approved by the Board. The
application must be made on a form furnished by the Board.
2. The Executive Secretary of the Board, upon approval of the
application, shall issue a certificate of registration authorizing the
applicant to undergo practical pharmaceutical training under the direct
and immediate supervision of a registered pharmacist. The period of
validity of the certificate of registration, including any renewal, must
not exceed 4 years after the date of issue. The certificate of
registration authorizes the holder, if acting under the direct and
immediate supervision of a registered pharmacist, to perform:
(a) The duties of a registered pharmacist as authorized by
regulation of the Board; and
(b) Other activities as authorized by regulation of the Board.
3. The certificate of registration must be posted as required by
NRS 639.150 .
4. Any certificate of registration issued pursuant to the
provisions of this section may be suspended, terminated or revoked by the
Board for:
(a) Any reason set forth in this chapter as grounds for the
suspension or revocation of any certificate, license or permit; or
(b) The failure of the registered pharmacist whose name appears on
the certificate of registration to provide adequate training and
supervision for the intern pharmacist in compliance with regulations
adopted by the Board.
(Added to NRS by 1967, 1655; A 1971, 683; 1973, 776; 1991, 1948;
1993, 631; 1999, 241 ; 2001, 835 ; 2003, 2283 )
1. The ratio of pharmaceutical technicians to pharmacists must not
allow more than one pharmaceutical technician to each pharmacist unless
the Board by regulation expands the ratio.
2. The Board shall adopt regulations concerning pharmaceutical
technicians, including requirements for:
(a) The qualifications, registration and supervision of
pharmaceutical technicians; and
(b) The services which may be performed by pharmaceutical
technicians,
Ê to ensure the protection and safety of the public in the provision of
pharmaceutical care.
3. The regulations adopted by the Board pursuant to this section
which prescribe:
(a) The qualifications for pharmaceutical technicians must include:
(1) The successful completion of a program for
pharmaceutical technicians which is approved by the Board;
(2) The completion of at least 1,500 hours of experience in
carrying out the duties of a pharmaceutical technician; or
(3) Any other experience or education deemed equivalent by
the Board.
(b) An expanded ratio of pharmaceutical technicians to pharmacists
must be appropriate and necessary for a particular category of pharmacy
at any time.
(c) The services which may be performed by pharmaceutical
technicians must include, without limitation, the:
(1) Removal of drugs from stock;
(2) Counting, pouring or mixing of drugs;
(3) Placing of drugs in containers;
(4) Affixing of labels to containers; and
(5) Packaging and repackaging of drugs.
4. For the purposes of this chapter, and chapters 453 and 454 of NRS,
pharmaceutical technicians may perform acts required to be performed by
pharmacists, but only to the extent provided in regulations.
(Added to NRS by 1993, 2153; A 1999, 242 ; 2003, 2284 )
1. A physician assistant or an osteopathic physician’s assistant
may, if authorized by the Board, possess, administer, prescribe or
dispense controlled substances, or possess, administer, prescribe or
dispense poisons, dangerous drugs or devices in or out of the presence of
his supervising physician only to the extent and subject to the
limitations specified in the registration certificate issued to the
physician assistant or osteopathic physician’s assistant, as appropriate,
by the Board pursuant to this section.
2. Each physician assistant and osteopathic physician’s assistant
who is authorized by his physician assistant’s license issued by the
Board of medical examiners or certificate issued by the State Board of
Osteopathic Medicine to possess, administer, prescribe or dispense
controlled substances, or to possess, administer, prescribe or dispense
poisons, dangerous drugs or devices must apply for and obtain a
registration certificate from the Board, pay a fee to be set by
regulations adopted by the Board and pass an examination administered by
the Board on the law relating to pharmacy before he can possess,
administer, prescribe or dispense controlled substances, or possess,
administer, prescribe or dispense poisons, dangerous drugs or devices.
3. The Board shall consider each application separately and may,
even though the physician assistant’s license issued by the Board of
Medical Examiners or the osteopathic physician’s assistant’s certificate
issued by the State Board of Osteopathic Medicine authorizes the
physician assistant or osteopathic physician’s assistant, as appropriate,
to possess, administer, prescribe or dispense controlled substances, or
to possess, administer, prescribe or dispense poisons, dangerous drugs
and devices:
(a) Refuse to issue a registration certificate;
(b) Issue a registration certificate limiting the authority of the
physician assistant or osteopathic physician’s assistant, as appropriate,
to possess, administer, prescribe or dispense controlled substances, or
to possess, administer, prescribe or dispense poisons, dangerous drugs or
devices, the area in which the physician assistant or osteopathic
physician’s assistant may possess controlled substances, poisons,
dangerous drugs and devices, or the kind and amount of controlled
substances, poisons, dangerous drugs and devices; or
(c) Issue a registration certificate imposing other limitations or
restrictions which the Board feels are necessary and required to protect
the health, safety and welfare of the public.
4. If the registration of the physician assistant or osteopathic
physician’s assistant is suspended or revoked, the physician’s controlled
substance registration may also be suspended or revoked.
5. The Board shall adopt regulations controlling the maximum
amount to be administered, possessed and dispensed, and the storage,
security, recordkeeping and transportation of controlled substances and
the maximum amount to be administered, possessed, prescribed and
dispensed and the storage, security, recordkeeping and transportation of
poisons, dangerous drugs and devices by physician assistants and
osteopathic physicians’ assistants. In the adoption of those regulations,
the Board shall consider, but is not limited to, the following:
(a) The area in which the physician assistant or osteopathic
physician’s assistant is to operate;
(b) The population of that area;
(c) The experience and training of the physician assistant or
osteopathic physician’s assistant;
(d) The distance to the nearest hospital and physician; and
(e) The effect on the health, safety and welfare of the public.
6. For the purposes of this section, the term “supervising
physician” includes an employing osteopathic physician as defined in
chapter 633 of NRS.
(Added to NRS by 1977, 671; A 1979, 1686; 1981, 574; 1987, 729;
1989, 1995; 1991, 2016; 1995, 1712; 1997, 687; 2001, 775 )
1. An advanced practitioner of nursing may dispense controlled
substances, poisons, dangerous drugs and devices if he:
(a) Passes an examination administered by the State Board of
Nursing on Nevada law relating to pharmacy and submits to the State Board
of Pharmacy evidence of passing that examination;
(b) Is authorized to do so by the State Board of Nursing in a
certificate issued by that Board; and
(c) Applies for and obtains a certificate of registration from the
State Board of Pharmacy and pays the fee set by a regulation adopted by
the Board. The Board may set a single fee for the collective
certification of advanced practitioners of nursing in the employ of a
public or nonprofit agency and a different fee for the individual
certification of other advanced practitioners of nursing.
2. The State Board of Pharmacy shall consider each application
from an advanced practitioner of nursing separately, and may:
(a) Issue a certificate of registration limiting:
(1) The authority of the advanced practitioner of nursing to
dispense controlled substances, poisons, dangerous drugs and devices;
(2) The area in which the advanced practitioner of nursing
may dispense;
(3) The kind and amount of controlled substances, poisons,
dangerous drugs and devices which the certificate permits the advanced
practitioner of nursing to dispense; and
(4) The practice of the advanced practitioner of nursing
which involves controlled substances, poisons, dangerous drugs and
devices in any manner which the Board finds necessary to protect the
health, safety and welfare of the public;
(b) Issue a certificate of registration without any limitation not
contained in the certificate issued by the State Board of Nursing; or
(c) Refuse to issue a certificate of registration, regardless of
the provisions of the certificate issued by the State Board of Nursing.
3. If a certificate of registration issued pursuant to this
section is suspended or revoked, the Board may also suspend or revoke the
registration of the physician for and with whom the advanced practitioner
of nursing is in practice to dispense controlled substances.
4. The Board shall adopt regulations setting forth the maximum
amounts of any controlled substance, poison, dangerous drug and devices
which an advanced practitioner of nursing who holds a certificate from
the Board may dispense, the conditions under which they must be stored,
transported and safeguarded, and the records which each such nurse shall
keep. In adopting its regulations, the Board shall consider:
(a) The areas in which an advanced practitioner of nursing who
holds a certificate from the Board can be expected to practice and the
populations of those areas;
(b) The experience and training of the nurse;
(c) Distances between areas of practice and the nearest hospitals
and physicians;
(d) Effects on the health, safety and welfare of the public; and
(e) Other factors which the Board considers important to the
regulation of the practice of advanced practitioners of nursing who hold
certificates from the Board.
(Added to NRS by 1979, 592; A 1983, 1218; 1991, 791, 2017)
If the Board, after an
investigation, denies any application for a certificate, license or
permit, the Executive Secretary of the Board shall notify the applicant,
within 10 days after the denial is approved by the Board and entered in
the official minutes, by registered or certified mail, of the denial of
the application and the reasons therefor. The notice must inform the
applicant of his right to petition the Board for reconsideration and his
right to submit evidence to controvert the alleged violations on which
the denial was based.
(Added to NRS by 1967, 1654; A 1973, 776; 1985, 878; 2003, 2285
)
1. At any time within 30 days after receipt of the notice of
denial of his application, an applicant may petition the Board for
reconsideration of the application. The petition must set forth a denial,
in whole or in part, of the violations alleged and a statement that the
applicant is prepared to submit evidence in support of his denial of the
allegations.
2. Within 30 days after the petition is received by the Board, the
Executive Secretary of the Board shall notify the petitioner, by
registered or certified mail, of the Board’s decision to grant or deny
the petition for reconsideration. If the petition is granted, the notice
must include the time and place set for reconsideration of the
application by the Board.
(Added to NRS by 1967, 1655; A 1977, 90; 2003, 2285 )
1. The holder of a certificate of registration, a license or a
permit granted pursuant to the provisions of this chapter shall display
the certificate, license or permit, and the current renewal receipt
thereof, in the pharmacy conducted by him or in which he is employed in a
place where it may be clearly read by the public.
2. A registered pharmacist who is employed or who practices in
more than one pharmacy shall post his original certificate of
registration and the current renewal receipt in the pharmacy in which he
is primarily employed, in compliance with the provisions of subsection 1,
and shall post an 8-inch by 10-inch photocopy of his certificate of
registration and the current renewal receipt in every other pharmacy in
which he practices on either a part-time or temporary basis.
3. An institutional pharmacy that serves a majority of inpatients
shall display certificates, licenses and permits in accordance with
regulations adopted by the Board.
[11:286:1913; 1919 RL p. 3151; NCL § 5050]—(NRS A 1967, 1645; 1971,
684; 1991, 1949; 1993, 632; 1999, 242 )
Every registered
pharmacist shall, within 10 days after changing his place of practice as
designated on the books of the Executive Secretary of the Board, notify
the Executive Secretary of the change and of his new place of practice.
Upon receipt of the notification, the Executive Secretary shall make the
necessary change in his register.
[14:286:1913; A 1951, 290]—(NRS A 1967, 1645; 2003, 2285 )
1. The Board shall charge and collect not more than the following
fees for the following services:
Actual cost
For the examination of an applicant for registration as
a of the
......
pharmacist.................................................................
............................. examination
For the investigation or registration of an applicant as a registered
pharmacist $200
For the investigation, examination or registration of an applicant as a
registered pharmacist by reciprocity 300
For the investigation or issuance of an original license to conduct a
retail pharmacy 600
For the biennial renewal of a license to conduct a retail
pharmacy............. 500
For the investigation or issuance of an original license to conduct an
institutional pharmacy 600
For the biennial renewal of a license to conduct an institutional
pharmacy 500
For the issuance of an original or duplicate certificate of registration
as a registered pharmacist 50
For the biennial renewal of registration as a registered
pharmacist............ 200
For the reinstatement of a lapsed registration (in addition to the fees
for renewal for the period of lapse) 100
For the initial registration of a pharmaceutical technician or
pharmaceutical technician in training 50
For the biennial renewal of registration of a pharmaceutical technician
or pharmaceutical technician in training 50
For the investigation or registration of an intern
pharmacist........................ 50
For the biennial renewal of registration as an intern
pharmacist.................. 40
For investigation or issuance of an original license to a manufacturer or
wholesaler 500
For the biennial renewal of a license for a manufacturer or
wholesaler...... 500
For the reissuance of a license issued to a pharmacy, when no change of
ownership is involved, but the license must be reissued because of a
change in the information required thereon...... 100
For authorization of a practitioner to dispense controlled substances or
dangerous drugs, or both 300
For the biennial renewal of authorization of a practitioner to dispense
controlled substances or dangerous drugs, or
both.......................................................................
.......................................... 300
2. If a person requests a special service from the Board or
requests the Board to convene a special meeting, he must pay the actual
costs to the Board as a condition precedent to the rendition of the
special service or the convening of the special meeting.
3. All fees are payable in advance and are not refundable.
4. The Board may, by regulation, set the penalty for failure to
pay the fee for renewal for any license, permit, authorization or
certificate within the statutory period, at an amount not to exceed 100
percent of the fee for renewal for each year of delinquency in addition
to the fees for renewal for each year of delinquency.
[Part 8:286:1913; A 1951, 290; 1953, 588; 1955, 307]—(NRS A 1960,
183; 1967, 1645; 1971, 684; 1973, 777; 1975, 194, 422; 1979, 1687; 1985,
878; 1987, 805, 1651; 1989, 895; 1993, 1220, 2154; 2003, 2285 )
1. Except as otherwise provided in this subsection, a certificate,
license or permit issued by the Board pursuant to this chapter expires on
October 31 of each even-numbered year. A certificate of registration as a
pharmacist expires on October 31 of each odd-numbered year.
2. Except as otherwise provided by NRS 639.137 , 639.230 and
639.2328 , each person to whom a
certificate, license or permit has been issued may, if the certificate,
license or permit has not been revoked, renew the certificate, license or
permit biennially by:
(a) Filing an application for renewal;
(b) Paying the fee for renewal;
(c) Complying with the requirement of continuing professional
education, if applicable;
(d) If applicable, filing with the Board satisfactory evidence that
his surety bond or other security required by NRS 639.515 is in full force; and
(e) Submitting all information required to complete the renewal.
3. The application for renewal, together with the fee for renewal,
all required information and the evidence of compliance with NRS 639.515
must be delivered to the Executive
Secretary of the Board on or before the expiration date of the
certificate, license or permit, or the current renewal receipt thereof.
4. If a certificate, license or permit is renewed, it must be
delivered to the applicant within a reasonable time after receipt of the
application for renewal and the fee for renewal.
5. The Board may refuse to renew a certificate, license or permit
if the applicant has committed any act proscribed by NRS 639.210 .
6. If the application for renewal, the fee for renewal, all
required information and the evidence of compliance with NRS 639.515
are not postmarked on or before the
expiration date of the certificate, license or permit, or the current
renewal receipt thereof, the registration is automatically forfeited.
[10:286:1913; A 1947, 667; 1951, 290; 1953, 588]—(NRS A 1967, 1646;
1973, 777, 977; 1975, 204, 1311; 1979, 1688; 1985, 880; 1989, 896; 1991,
1949; 1997, 2148; 1999, 243 ; 2003, 2286 ; 2005, 1615 , 1616 , 2748 , 2807 )
If a certificate of registration as a pharmacist is
forfeited by a person as provided in NRS 639.180 , the Board may, within 5 years thereafter,
issue a certificate of registration to the person if the Board determines
that he:
1. Has not committed any act listed in NRS 639.210 other than the failure to renew his
certificate by not submitting the application for renewal or the fee for
renewal; and
2. Is capable and qualified by education or experience, or both,
to practice the profession of pharmacy in this State.
[Part 8:286:1913; A 1951, 290; 1953, 588; 1955, 307]—(NRS A 1967,
1647; 1979, 1689; 1983, 1507; 1991, 1950; 1999, 243 )
The Board shall have the power to issue duplicate certificates
of registration and duplicate renewal receipts upon:
1. Written application therefor signed by the applicant;
2. Proof to the satisfaction of the Board that good cause exists
for the issuance of the certificate or renewal receipt; and
3. The payment of the proper fees for the issuance thereof.
[Part 16:286:1913; A 1951, 290; 1953, 588]—(NRS A 1967, 1647)
The Board may
suspend or revoke any certificate, license, registration or permit issued
pursuant to this chapter, and deny the application of any person for a
certificate, license, registration or permit, if the holder or applicant:
1. Is not of good moral character;
2. Is guilty of habitual intemperance;
3. Becomes or is intoxicated or under the influence of liquor, any
depressant drug or a controlled substance, unless taken pursuant to a
lawfully issued prescription, while on duty in any establishment licensed
by the Board;
4. Is guilty of unprofessional conduct or conduct contrary to the
public interest;
5. Is addicted to the use of any controlled substance;
6. Has been convicted of a violation of any law or regulation of
the Federal Government or of this or any other state related to
controlled substances, dangerous drugs, drug samples, or the wholesale or
retail distribution of drugs;
7. Has been convicted of:
(a) A felony relating to holding a certificate, license,
registration or permit pursuant to this chapter;
(b) A felony pursuant to NRS 639.550 or 639.555 ;
or
(c) Other crime involving moral turpitude, dishonesty or corruption;
8. Has been convicted of violating any of the provisions of NRS
616D.200 , 616D.220 , 616D.240 or 616D.300 to 616D.440 , inclusive;
9. Has willfully made to the Board or its authorized
representative any false statement which is material to the
administration or enforcement of any of the provisions of this chapter;
10. Has obtained any certificate, certification, license or permit
by the filing of an application, or any record, affidavit or other
information in support thereof, which is false or fraudulent;
11. Has violated any provision of the Federal Food, Drug and
Cosmetic Act or any other federal law or regulation relating to
prescription drugs;
12. Has violated, attempted to violate, assisted or abetted in the
violation of or conspired to violate any of the provisions of this
chapter or any law or regulation relating to drugs, the manufacture or
distribution of drugs or the practice of pharmacy, or has knowingly
permitted, allowed, condoned or failed to report a violation of any of
the provisions of this chapter or any law or regulation relating to
drugs, the manufacture or distribution of drugs or the practice of
pharmacy committed by the holder of a certificate, license, registration
or permit;
13. Has failed to renew his certificate, license or permit by
failing to submit the application for renewal or pay the renewal fee
therefor;
14. Has had his certificate, license or permit suspended or
revoked in another state on grounds which would cause suspension or
revocation of a certificate, license or permit in this State;
15. Has, as a managing pharmacist, violated any provision of law
or regulation concerning recordkeeping or inventory in a store over which
he presides, or has knowingly allowed a violation of any provision of
this chapter or other state or federal laws or regulations relating to
the practice of pharmacy by personnel of the pharmacy under his
supervision;
16. Has repeatedly been negligent, which may be evidenced by
claims of malpractice settled against him;
17. Has failed to maintain and make available to a state or
federal officer any records in accordance with the provisions of this
chapter or chapter 453 or 454 of NRS; or
18. Has failed to file or maintain a bond or other security if
required by NRS 639.515 .
[Part 16:286:1913; A 1951, 290; 1953, 588]—(NRS A 1967, 1647; 1971,
685, 2040; 1973, 778; 1975, 1311; 1979, 1689; 1981, 272, 597; 1983, 1507;
1985, 880; 1987, 670, 1567, 1578; 1991, 1159; 1993, 793; 1995, 1713;
2003, 2713 ; 2005, 1616 )
The surrender, revocation or a
suspension that has not been stayed of any certificate, license or
registration of a practitioner, as defined in NRS 639.0125 , 453.126 or
454.00958 , by a licensing board or
the Drug Enforcement Administration operates as an immediate suspension
of a certificate, license, registration or permit issued by the Board
pursuant to this chapter or chapter 453 or
454 of NRS to possess, administer, prescribe
or dispense drugs.
(Added to NRS by 1991, 1948)
The adjudication of insanity or mental illness, or the
voluntary commitment or admission to any hospital for a mental illness of
any certificate holder, shall operate as an immediate suspension of the
right of the certificate holder to practice pharmacy in this State, and
such suspension shall continue until restoration to or declaration of
sanity or mental competence.
(Added to NRS by 1967, 1655)
1. A person whose certificate, license, registration or permit has
been suspended by the Board in accordance with NRS 639.211 may petition the Board for reinstatement of
the certificate, license, registration or permit after restoration or
declaration of sanity or mental competence.
2. The Board shall not restore any suspended certificate, license,
registration or permit until it has found, in a hearing held for that
purpose, that with due regard for the public interest the petitioner’s
right to practice, or to perform the duties and conduct the business
covered by the certificate, license, registration or permit, may be
safely reinstated.
3. In any such hearing the Board may consider the results of its
own investigation as well as evidence pertaining to the petitioner’s
restoration to sanity or mental competence. The affirmative vote of a
majority of board members is necessary to restore the certificate,
license, registration or permit. The Board may require, before
reinstatement, the petitioner to pass an examination, either oral or
written, to determine his present fitness to resume his practice or
conduct his business in the public interest.
4. In any hearing, conducted for the purpose of reinstating any
certificate, license, registration or permit, the Board may employ expert
witnesses considered necessary in order to determine the competency and
ability of the petitioner.
5. The Board may grant or deny, without a hearing or argument, any
petition for reinstatement filed pursuant to this section, where the
petitioner has been afforded a hearing upon any petition filed pursuant
to this section within a period of 2 years immediately preceding the
filing of the new petition.
(Added to NRS by 1967, 1656; A 1983, 1509)
The
conviction of any person who holds a certificate, license, registration
or permit issued pursuant to this chapter of a felony for a violation of
any federal law or law of any state concerning drugs or chemicals
operates as an immediate suspension of the certificate, license,
registration or permit. The person so convicted may apply to the Board
for reinstatement at any time.
(Added to NRS by 1967, 1656; A 1971, 2041; 1983, 1510)
The Board may suspend, revoke or
deny any certificate, license, permit or registration of a corporation
where conditions exist in relation to any person holding 10 percent or
more of the corporate stock of such corporation or to any officer or
director of such corporation which would constitute grounds for
disciplinary action against such person if he were a licensee.
(Added to NRS by 1967, 1658)
PROFESSIONAL CONDUCT
The Legislature hereby
declares the practice of pharmacy to be a learned profession, affecting
public safety and welfare and charged with the public interest, and is
therefore subject to protection and regulation by the State.
(Added to NRS by 1963, 474; A 1989, 308)
1. The Board may by regulation adopt, amend or repeal rules of
professional conduct appropriate to the establishment and maintenance of
a high standard of integrity and dignity in the profession.
2. Every registered pharmacist shall be governed by the rules of
professional conduct adopted by the Board.
3. The rules of professional conduct adopted by the Board shall be
furnished to each pharmacist holding a currently valid certificate to
practice in this State and to each person to whom a certificate is
thereafter issued. Upon receipt of a copy of the rules of professional
conduct, each registered pharmacist shall subscribe thereto.
4. Nothing contained in NRS 639.213 and this section shall be construed as
authorizing the Board to adopt rules of professional conduct relating to
the issuance of trading stamps to the general public.
(Added to NRS by 1963, 474; A 1965, 544; 1967, 1648)
CONTINUING PROFESSIONAL EDUCATION
The
Legislature finds and declares that:
1. The practice of the profession of pharmacy is directly related
to the public health and welfare of the citizens of this State and is
subject to regulation and control in the public interest.
2. Because of the continuous introduction of new medicinal agents
and the changing concepts of the practice of pharmacy, it is essential
that a pharmacist undertake a program of continuing education to maintain
and improve his professional competency.
3. To ensure the continued competency of the pharmacist and to
maintain uniform qualifications for the licensing of pharmacists to
protect the health and welfare of its citizens, the Legislature deems it
in the public interest to adopt a program of continuing professional
education.
4. NRS 639.2171 to 639.2176
, inclusive, must be liberally
construed to carry out their stated purposes.
(Added to NRS by 1973, 976; A 1985, 882; 1995, 291)
As used in NRS 639.2171 to 639.2176 , inclusive, the words and terms defined in
this section have the meanings ascribed to them in this section unless
the context otherwise requires:
1. “Accredited program” means those seminars, classes, meetings,
work projects, home-study courses and other educational programs in
pharmacy approved by the Board for purposes of continuing professional
education.
2. “Continuing professional education” means professional,
pharmaceutical postgraduate education in the general areas of the
socioeconomic and legal aspects of medical care, the properties and
actions of drugs and dosage forms, and the etiology, characteristics and
therapeutics of the diseased organism.
3. “Continuing education unit” means the unit of measurement of
credits for courses and programs of continuing education.
(Added to NRS by 1973, 976; A 1985, 882; 1995, 291)
The Board shall not renew the certificate of any registered
pharmacist until the applicant has submitted proof to the Board of the
receipt of the required number of continuing education units, obtained
through the satisfactory completion of an accredited program of
continuing professional education during the period for which the
certificate was issued.
(Added to NRS by 1973, 976; A 1975, 1312; 2003, 2287 )
The Board shall adopt regulations
necessary to carry out the purposes of NRS 639.2171 to 639.2176 , inclusive, which must include the methods of
determining accredited programs, the number of hours of continuing
professional education necessary to constitute a continuing education
unit, the number of units required of each pharmacist during the period
for which a certificate is issued and such other regulations consistent
with NRS 639.2171 to 639.2176 , inclusive, as the Board may determine to be
necessary.
(Added to NRS by 1973, 976; A 1975, 1312; 1979, 1690; 1985, 882;
1995, 291)
PHARMACIES
1. Except as otherwise provided in NRS 639.2324 , 639.2326
and 639.2327 , each pharmacy must be
managed by a registered pharmacist, approved by the Board, who is
responsible for compliance by the pharmacy and its personnel with all
state and federal laws and regulations relating to the operation of the
pharmacy and the practice of pharmacy.
2. Except as otherwise provided in NRS 639.2321 , if the managing pharmacist is the only
registered pharmacist employed in the pharmacy, the Board may authorize
his absence each day for a total period of not to exceed 2 hours for the
purpose of taking meals if:
(a) A registered pharmacist is on call during his absence;
(b) A sign, as prescribed by regulations of the Board, is posted
for public view in the pharmacy indicating the absence of the pharmacist
and the hours of his absence; and
(c) All drugs, poisons, chemical and restricted devices are kept
safe in a manner prescribed by regulations of the Board.
Ê The authorization required from the Board must be in writing and be
retained in the pharmacy and available for inspection.
3. Except as otherwise provided in this subsection:
(a) A person shall not act as a managing pharmacist for more than
one licensed pharmacy.
(b) Each managing pharmacist shall be on duty in the pharmacy and
active in the management of the pharmacy full-time, but he need not be
present during the time the pharmacy is open for business if he
designates another pharmacist employed in the pharmacy to assume his
duties in his absence.
(c) The managing pharmacist is responsible for the activities of
his designee.
Ê A waiver from the limitation set forth in paragraph (a) may be granted
by the Board to the managing pharmacist of a pharmacy located in a
hospital with fewer than 100 beds or in a correctional institution
housing fewer than 1,500 inmates.
4. The Board must be notified before there is a change in the
managing pharmacist.
[Part 1:286:1913; A 1947, 667; 1949, 554; 1951, 290; 1953, 588;
1955, 307]—(NRS A 1963, 475; 1967, 1649; 1971, 686; 1975, 1313; 1977,
1280; 1983, 1509; 1985, 883; 1989, 1751; 1993, 632)
1. A person operating a business in this State shall not use the
letters “Rx” or “RX” or the word “drug” or “drugs,” “prescription” or
“pharmacy,” or similar words or words of similar import, without first
having secured a license from the Board.
2. Each license must be issued to a specific person and for a
specific location and is not transferable. The original license must be
displayed on the licensed premises as provided in NRS 639.150 . The original license and the fee required for
reissuance of a license must be submitted to the Board before the
reissuance of the license.
3. If the owner of a pharmacy is a partnership or corporation, any
change of partners or corporate officers must be reported to the Board at
such a time as is required by a regulation of the Board.
4. Except as otherwise provided in subsection 6, in addition to
the requirements for renewal set forth in NRS 639.180 , every person holding a license to operate a
pharmacy must satisfy the Board that the pharmacy is conducted according
to law.
5. Any violation of any of the provisions of this chapter by a
managing pharmacist or by personnel of the pharmacy under the supervision
of the managing pharmacist is cause for the suspension or revocation of
the license of the pharmacy by the Board.
6. The provisions of this section do not prohibit a Canadian
pharmacy which is licensed by the Board and which has been recommended by
the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website
established and maintained pursuant to subsection 9 of NRS 223.560 from providing prescription drugs through mail
order service to residents of Nevada in the manner set forth in NRS
639.2328 to 639.23286 , inclusive.
[24:286:1913; added 1947, 667; A 1951, 290]—(NRS A 1967, 1649;
1973, 779; 1979, 1691; 1985, 883; 1991, 1950; 1993, 633; 1999, 244 ; 2001, 1632 ; 2003, 2287 ; 2005, 22nd Special Session, 153 )
1. An application to conduct a pharmacy must be made on a form
furnished by the Board and must state the name, address, usual occupation
and professional qualifications, if any, of the applicant. If the
applicant is other than a natural person, the application must state such
information as to each person beneficially interested therein.
2. As used in subsection 1, and subject to the provisions of
subsection 3, the term “person beneficially interested” means:
(a) If the applicant is a partnership or other unincorporated
association, each partner or member.
(b) If the applicant is a corporation, each of its officers,
directors and stockholders, provided that no natural person shall be
deemed to be beneficially interested in a nonprofit corporation.
3. If the applicant is a partnership, unincorporated association
or corporation and the number of partners, members or stockholders, as
the case may be, exceeds four, the application must so state, and must
list each of the four partners, members or stockholders who own the four
largest interests in the applicant entity and state their percentages of
interest. Upon request of the Executive Secretary of the Board, the
applicant shall furnish the Board with information as to partners,
members or stockholders not named in the application or shall refer the
Board to an appropriate source of such information.
4. The completed application form must be returned to the Board
with the fee prescribed by the Board, which may not be refunded. Any
application which is not complete as required by the provisions of this
section may not be presented to the Board for consideration.
5. Upon compliance with all the provisions of this section and
upon approval of the application by the Board, the Executive Secretary
shall issue a license to the applicant to conduct a pharmacy. Any other
provision of law notwithstanding, such a license authorizes the holder to
conduct a pharmacy and to sell and dispense drugs and poisons and devices
and appliances that are restricted by federal law to sale by or on the
order of a physician.
(Added to NRS by 1967, 1656; A 1979, 1692; 1993, 1221; 2003, 2288
)
1. The Board shall not issue a license to conduct a pharmacy:
(a) To any practitioner; or
(b) To any partnership, corporation or association in which a
practitioner has a controlling interest or owns more than 10 percent of
the available stock.
2. This section does not:
(a) Apply to a hospital pharmacy or a health maintenance
organization which holds a certificate of authority under chapter 695C
of NRS.
(b) Prohibit ownership by a practitioner of a building in which a
pharmacy is located, if space for the pharmacy is rented at the
prevailing rate.
(Added to NRS by 1967, 1656; A 1969, 909; 1979, 1692; 1985, 884)
1. Any person who prepares or distributes radiopharmaceuticals
must be under the direct supervision of a nuclear pharmacist.
2. The managing pharmacist of a nuclear pharmacy must be a nuclear
pharmacist.
3. A nuclear pharmacist must be on the premises during the hours a
nuclear pharmacy is open for business.
(Added to NRS by 1989, 1750; A 1995, 292)
1. Except as otherwise provided in subsection 2, a managing
pharmacist of a nuclear pharmacy may delegate to any person, under his
direct supervision, the authority to accept oral orders from a
practitioner or his designated agent.
2. An oral order may be used for a radiopharmaceutical which is
not prescribed for a specific patient. An oral order which is designated
for a specific patient must be accepted only by a nuclear pharmacist or
registered intern acting under the direct supervision of a nuclear
pharmacist.
3. A prescription for a radiopharmaceutical must not be refilled.
4. As used in this section, “designated agent” means a person who
is authorized to communicate a practitioner’s instructions to a nuclear
pharmacy.
(Added to NRS by 1989, 1750)
1. The operation of an institutional pharmacy must meet the
following requirements:
(a) In a hospital with 100 or more beds, the pharmacy must be under
the continuous supervision of a pharmacist during the time it is open for
pharmaceutical services.
(b) In a hospital with less than 100 beds, the services of a
pharmacist may be on less than a full-time basis, depending upon the
needs of the institution, and pursuant to the regulations and
recommendations of the State Board of Pharmacy and the person charged
with the administration and control of the institution.
(c) In the absence of a pharmacist from the pharmacy, a nurse or
practitioner designated by the pharmacist may obtain from the pharmacy
such necessary quantities of drugs to administer to a patient until the
pharmacy reopens as are ordered by a medical practitioner and needed by a
patient in an emergency.
2. The pharmacist in charge of the institutional pharmacy shall
initiate procedures to provide for administration and technical guidance
in all matters pertaining to the acquiring, stocking, recordkeeping and
dispensing of drugs and devices.
(Added to NRS by 1973, 811; A 1977, 1281; 1987, 1652; 1991, 1951)
1. Except as otherwise provided in NRS 639.2327 , a pharmacy in a correctional institution
which is used mainly for storage and from which controlled substances and
dangerous drugs and devices are administered must be supervised by a
prescribing practitioner or a licensed pharmacy.
2. The practitioner or a registered pharmacist need not be present
at the times the pharmacy is open, but is responsible for the security of
the pharmacy and shall maintain the records required by the Board. In any
case, the name of the prescribing practitioner must be recorded when any
controlled substance, dangerous drug or device is administered or ordered
for stock.
(Added to NRS by 1983, 1504; A 1987, 1652)
A 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 and is registered with the Board pursuant to this
chapter may maintain a stock of drugs for emergency treatment of
inpatients, subject to the following conditions:
1. The Board shall by regulation determine the specific drugs and
the quantities thereof which may be maintained.
2. The emergency stock of drugs must be maintained at all times in
a solid, sealed container and the seal must remain intact except when the
drugs are needed for emergency treatment of a patient in the facility.
The sealed container must be stored at all times in a locked compartment
on the premises of the facility.
3. All drugs delivered to a facility must be signed for by the
nurse or other person in charge. An inventory of the stock of drugs must
be appended to the sealed container. Immediately after the drugs are
needed, the physician or registered nurse who breaks the seal shall enter
on the inventory sheet the following information:
(a) The date and time the sealed container is opened;
(b) The name of the patient for whom the drugs are to be used;
(c) The name of the patient’s physician or the physician who
directs the administration of the drugs, if different;
(d) An itemization of the drugs removed; and
(e) The signature of the person who opened the sealed container.
4. When the drugs have been removed and the information required
by subsection 3 has been entered on the inventory, the physician or
registered nurse shall immediately replace the container in a locked
compartment and shall notify the pharmaceutical consultant, as soon as it
is practical to do so, that the container has been opened.
5. The sealed container and its contents at all times remain the
responsibility of the pharmaceutical consultant. Upon being notified that
the sealed container has been opened, or on the next business day if
notification is not received during business hours, but in no event more
than 48 hours following receipt of the notification, the pharmaceutical
consultant shall:
(a) Examine the inventory sheet;
(b) Replace the drugs removed;
(c) Secure a written prescription for the drugs replaced, if one is
required by law;
(d) Enter the name and quantity of the drugs so replaced on the
inventory sheet, together with the date and time of replacement;
(e) Reseal the container; and
(f) Sign the inventory sheet.
6. No person other than a licensed physician or registered nurse
may open the container or remove any drugs from the container.
7. The Board, its agents and inspectors may at all times have
access to the premises of the facility to determine compliance with this
section.
(Added to NRS by 1973, 633, 1406; A 1975, 1313; 1985, 1768)
1. Except as otherwise provided in NRS 453.256 , no pharmacy may deliver a controlled
substance or dangerous drug for a specific patient to 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 which does not have a pharmacy on the premises except
pursuant to a prescription given:
(a) Directly from the prescribing practitioner to a pharmacist;
(b) Indirectly by means of an order signed by the prescribing
practitioner; or
(c) By an oral order transmitted by an agent of the prescribing
practitioner.
2. If an order for entry on a chart is given by a prescribing
practitioner, the chart order must be signed by the practitioner who
authorized the administration of the drug within 48 hours after the order
is given by that practitioner.
(Added to NRS by 1995, 287)
For the purposes of NRS
639.23279 to 639.23286 , inclusive, a “pharmacy located outside
Nevada that provides mail order service to a resident of Nevada” includes
any person who sells or offers to sell drugs to persons in this State via
the Internet.
(Added to NRS by 2001, 1631 )
1. Every pharmacy located outside Nevada that provides mail order
service to or solicits or advertises for orders for drugs available with
a prescription from a resident of Nevada must be licensed by the Board.
2. To be licensed or to renew a license, such a pharmacy must:
(a) Be licensed as a pharmacy, or the equivalent, by the state or
country in which its dispensing facilities are located.
(b) Comply with all applicable federal laws, regulations and
standards.
(c) Submit an application in the form furnished by the Board.
(d) Provide the following information to the Board:
(1) The name and address of the owner;
(2) The location of the pharmacy;
(3) The name of the pharmacist who is the managing
pharmacist; and
(4) Any other information the Board deems necessary.
(e) Pay the fee required by regulation of the Board.
(f) Submit evidence satisfactory to the Board that the facility,
records and operation of the pharmacy comply with the laws and
regulations of the state or country in which the pharmacy is located.
(g) Submit certification satisfactory to the Board that the
pharmacy complies with all lawful requests and directions from the
regulatory board or licensing authority of the state or country in which
the pharmacy is located relating to the shipment, mailing or delivery of
drugs.
(h) Be certified by the Board pursuant to NRS 639.23288 if the pharmacy operates an Internet
pharmacy.
3. In addition to the requirements of subsection 2, the Board may
require such a pharmacy to be inspected by the Board.
4. The Board shall notify the Office for Consumer Health
Assistance each time the Board licenses a Canadian pharmacy pursuant to
this section and recommend that the Office for Consumer Health Assistance
include each such pharmacy on the Internet website established and
maintained pursuant to subsection 9 of NRS 223.560 .
(Added to NRS by 1991, 1156; A 2001, 1068 , 1632 ; 2003, 19 ; 2005, 22nd Special Session, 154 )
Before issuing a license to a
pharmacy located outside Nevada that provides mail order service to a
resident of Nevada, the Board shall consider:
1. The qualifications and credentials of the applicant; and
2. Any suspension or revocation of a license or restriction on a
license held by the applicant.
(Added to NRS by 1991, 1156; A 2001, 1633 )
1. Every pharmacy located outside Nevada that provides mail order
service to a resident of Nevada:
(a) Shall report to the Board any change of information that
appears on its license and pay the fee required by regulation of the
Board.
(b) Shall make available for inspection all pertinent records,
reports, documents or other material or information required by the Board.
(c) As required by the Board, must be inspected by the Board or:
(1) The regulatory board or licensing authority of the state
or country in which the pharmacy is located; or
(2) The Drug Enforcement Administration.
(d) As required by the Board, shall provide the following
information concerning each prescription for a drug that is shipped,
mailed or delivered to a resident of Nevada:
(1) The name of the patient;
(2) The name of the prescriber;
(3) The number of the prescription;
(4) The date of the prescription;
(5) The name of the drug; and
(6) The strength and quantity of the dose.
2. In addition to complying with the requirements of subsection 1,
every Canadian pharmacy which is licensed by the Board and which has been
recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website
established and maintained pursuant to subsection 9 of NRS 223.560 that provides mail order service to a resident
of Nevada shall not sell, distribute or furnish to a resident of this
State:
(a) A controlled substance;
(b) A prescription drug that has not been approved by the Federal
Food and Drug Administration;
(c) A generic prescription drug that has not been approved by the
Federal Food and Drug Administration;
(d) A prescription drug for which the Federal Food and Drug
Administration has withdrawn or suspended its approval; or
(e) A quantity of prescription drugs at one time that includes more
drugs than are prescribed to the patient as a 3-month supply of the drugs.
(Added to NRS by 1991, 1156; A 2001, 1633 ; 2005, 22nd Special Session, 154 )
A pharmacy located outside Nevada
that provides mail order service to a resident of Nevada:
1. May substitute a drug if the substitution is made in accordance
with the provisions of the laws and regulations of the state or country
in which the pharmacy is located.
2. Shall provide a toll-free telephone service for its customers
to a pharmacist who has access to the records of the customers from
Nevada. The telephone service must be available for not less than 5 days
per week and for at least 40 hours per week. The telephone number must be
disclosed on the label attached to each container of drugs dispensed to a
resident of Nevada.
(Added to NRS by 1991, 1157; A 1995, 292; 2001, 1633 )
1. In addition to the requirements set forth in this chapter and
any other specific statute, an Internet pharmacy located:
(a) Within this State, shall not fill or refill a prescription or
otherwise engage in the practice of pharmacy for a person located within
or outside this State unless the Internet pharmacy is certified by the
Board.
(b) Outside this State, shall not fill or refill a prescription or
otherwise engage in the practice of pharmacy for a person located within
this State unless the Internet pharmacy is certified by the Board.
2. The Board shall adopt regulations prescribing standards for
certifying an Internet pharmacy. The standards adopted by the Board may
be based upon standards adopted by the National Association of Boards of
Pharmacy or some other association or organization that provides
standards for certifying an Internet pharmacy.
3. The Board shall post on a website or other Internet site that
is operated or administered by or on behalf of the Board:
(a) A list of Internet pharmacies certified by the Board; and
(b) Any other information relating to Internet pharmacies that the
Board deems relevant.
(Added to NRS by 2001, 1067 )
LICENSING OF PERSONS ENGAGED IN BUSINESS OF FURNISHING DRUGS, DEVICES OR
APPLIANCES
1. Any person, including a wholesaler or manufacturer, who engages
in the business of wholesale distribution or furnishing controlled
substances, poisons, drugs, devices or appliances that are restricted by
federal law to sale by or on the order of a physician to any person
located within this State shall obtain a license pursuant to the
provisions of this chapter.
2. For the purpose of this section, a person is “engaged in the
business of furnishing” if he:
(a) Solicits or accepts orders for drugs or devices whose sale in
this State is restricted by this chapter or chapter 453 or 454 of NRS; or
(b) Receives, stores or ships such drugs or devices.
(Added to NRS by 1967, 1657; A 1971, 2041; 1973, 780; 1979, 1693;
1991, 1160; 1993, 1222; 2003, 2288 )
1. The acceptance of a license issued pursuant to NRS 639.233
constitutes a consent by the licensee
to the inspection, copying and removal for copying of his records
maintained inside and outside this state by any authorized representative
of the Board.
2. If such a licensee is not a resident of this state and does not
maintain records within this state of his shipments of controlled
substances, poisons or drugs or devices or appliances that are restricted
by federal law to sale by or on the order of a physician to persons in
this state he shall, on receipt of a written demand from the Executive
Secretary of the Board, furnish a true copy of the records to the Board.
3. The Board may authorize as its representative any member or
representative of the board of pharmacy or similar agency of the state in
which the records are located.
4. The failure to furnish a true copy of the required records or
the refusal to permit their inspection is a ground for suspension of and
disciplinary action relating to any license issued pursuant to NRS
639.233 .
(Added to NRS by 1967, 1657; A 1971, 2042; 1973, 780; 1983, 1510;
1993, 1222; 2003, 2289 )
1. Any person who engages in the sale of veterinary prescription
or nonprescription drugs must obtain a permit from the Board. The Board
shall adopt regulations specifying the fee for the permit, requirements
for the refrigeration and storage of drugs and other matters relating to
the permit.
2. The provisions of subsection 1 do not apply to a registered
pharmacist or any person licensed to practice veterinary medicine in this
state.
(Added to NRS by 1977, 1355; A 1991, 1951)
PRESCRIPTIONS
1. No person other than a practitioner holding a license to
practice his profession in this State may prescribe or write a
prescription, except that a prescription written by a person who is not
licensed to practice in this State, but is authorized by the laws of
another state to prescribe, shall be deemed to be a legal prescription
unless the person prescribed or wrote the prescription in violation of
the provisions of NRS 453.3611 to
453.3648 , inclusive.
2. If a prescription that is prescribed by a person who is not
licensed to practice in this State, but is authorized by the laws of
another state to prescribe, calls for a controlled substance listed in:
(a) Schedule II, the registered pharmacist who is to fill the
prescription shall establish and document that the prescription is
authentic and that a bona fide relationship between the patient and the
person prescribing the controlled substance did exist when the
prescription was written.
(b) Schedule III or IV, the registered pharmacist who is to fill
the prescription shall establish that the prescription is authentic and
that a bona fide relationship between the patient and the person
prescribing the controlled substance did exist when the prescription was
written. This paragraph does not require the registered pharmacist to
inquire into such a relationship upon the receipt of a similar
prescription subsequently issued for that patient.
3. A pharmacist who fills a prescription described in subsection 2
shall record on the prescription or in the prescription record in the
pharmacy’s computer:
(a) The name of the person with whom he spoke concerning the
prescription;
(b) The date and time of the conversation; and
(c) The date and time the patient was physically examined by the
person prescribing the controlled substance for which the prescription
was issued.
4. For the purposes of subsection 2, a bona fide relationship
between the patient and the person prescribing the controlled substance
shall be deemed to exist if the patient was physically examined by the
person prescribing the controlled substances within the 6 months
immediately preceding the date the prescription was issued.
(Added to NRS by 1967, 1661; A 1969, 910; 1971, 2042; 1975, 1314;
1979, 1693; 1987, 1568; 1993, 634; 1995, 292; 2001, 1069 ; 2003, 563 , 2289 )
A practitioner
shall not dispense for human consumption any controlled substance or
dangerous drug if he charges a patient for that substance or drug, either
separately or together with charges for other professional services:
1. Unless the practitioner first applies for and obtains a
certificate from the Board and pays the required fee; and
2. Issues a written prescription.
(Added to NRS by 1987, 803; A 1989, 1121; 1991, 1952; 1999, 244
)
1. An advanced practitioner of nursing may prescribe, in
accordance with NRS 454.695 and 632.237
, controlled substances, poisons,
dangerous drugs and devices if he:
(a) Is authorized to do so by the State Board of Nursing in a
certificate issued by that Board; and
(b) Applies for and obtains a certificate of registration from the
State Board of Pharmacy and pays the fee set by a regulation adopted by
the Board.
2. The State Board of Pharmacy shall consider each application
from an advanced practitioner of nursing separately, and may:
(a) Issue a certificate of registration; or
(b) Refuse to issue a certificate of registration, regardless of
the provisions of the certificate issued by the State Board of Nursing.
(Added to NRS by 1983, 1218; A 1987, 949; 1991, 792, 1952; 2001,
408 )
Except as otherwise provided in a regulation adopted
pursuant to NRS 453.385 or 639.2357
:
1. A prescription must be given:
(a) Directly from the practitioner to a pharmacist;
(b) Indirectly by means of an order signed by the practitioner;
(c) By an oral order transmitted by an agent of the practitioner; or
(d) Except as otherwise provided in subsection 5, by electronic
transmission or transmission by a facsimile machine, including, without
limitation, transmissions made from a facsimile machine to another
facsimile machine, a computer equipped with a facsimile modem to a
facsimile machine or a computer to another computer, pursuant to the
regulations of the Board.
2. A written prescription must contain:
(a) Except as otherwise provided in this section, the name and
signature of the practitioner, 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 prescribed;
(e ) Directions for use; and
(f) The date of issue.
3. The directions for use must be specific in that they 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.
4. Each written prescription must be written in such a manner that
any registered pharmacist would be able to dispense it. A prescription
must be written in Latin or English and may include any character,
figure, cipher or abbreviation which is generally used by pharmacists and
practitioners in the writing of prescriptions.
5. A prescription for a controlled substance must not be given by
electronic transmission or transmission by a facsimile machine unless
authorized by federal law.
6. A prescription that is given by electronic transmission is not
required to contain the signature of the practitioner if:
(a) It contains a facsimile signature, security code or other mark
that uniquely identifies the practitioner; or
(b) A voice recognition system, biometric identification technique
or other security system approved by the Board is used to identify the
practitioner.
(Added to NRS by 1979, 342; A 1979, 1696; 1983, 1510; 1985, 885;
1993, 634; 1995, 292; 1997, 688; 2001, 836 , 1633 ; 2005, 181 , 2749 )
A practitioner is liable for any order for a prescription which
his agent orally transmits to a pharmacist.
(Added to NRS by 1979, 342; A 1979, 1696; 1983, 1104)
1. Upon the request of a patient, a registered pharmacist shall
transfer a prescription for the patient to another registered pharmacist.
2. A registered pharmacist who transfers a prescription pursuant
to subsection 1 shall comply with any applicable regulations adopted by
the Board relating to the transfer.
3. The provisions of this section do not authorize or require a
pharmacist to transfer a prescription in violation of:
(a) Any law or regulation of this State;
(b) Federal law or regulation; or
(c) A contract for payment by a third party if the patient is a
party to that contract.
(Added to NRS by 2005, 180 , 2746 )
1. All prescriptions filled by a practitioner must be serially
numbered and filed in the manner prescribed by regulation of the Board.
Prescriptions for controlled substances listed in schedule II must be
filed separately from other prescriptions or in a readily retrievable
manner as the Board may provide by regulation. All prescriptions must be
retained on file for at least 2 years.
2. Each prescription on file must bear the date on which it was
originally filled and be personally signed or initialed by the registered
pharmacist or practitioner who filled it.
3. Files of prescriptions are open to inspection by members,
inspectors and investigators of the Board and by inspectors of the Food
and Drug Administration and agents of the Investigation Division of the
Department of Public Safety.
(Added to NRS by 1967, 1662; A 1971, 2042; 1973, 781; 1975, 1315;
1979, 343; 1981, 2014; 1983, 226; 1985, 1998; 1987, 1568; 1989, 611,
1121; 2001, 2633 )
1. Prescriptions filled and on file in a pharmacy are not a public
record. Except as otherwise provided in NRS 639.2357 , a pharmacist shall not divulge the contents
of any prescription or provide a copy of any prescription, except to:
(a) The patient for whom the original prescription was issued;
(b) The practitioner who originally issued the prescription;
(c) A practitioner who is then treating the patient;
(d) A member, inspector or investigator of the Board or an
inspector of the Food and Drug Administration or an agent of the
Investigation Division of the Department of Public Safety;
(e) An agency of state government charged with the responsibility
of providing medical care for the patient;
(f) An insurance carrier, on receipt of written authorization
signed by the patient or his legal guardian, authorizing the release of
such information;
(g) Any person authorized by an order of a district court;
(h) Any member, inspector or investigator of a professional
licensing board which licenses a practitioner who orders prescriptions
filled at the pharmacy;
(i) Other registered pharmacists for the limited purpose of and to
the extent necessary for the exchange of information relating to persons
who are suspected of:
(1) Misusing prescriptions to obtain excessive amounts of
drugs; or
(2) Failing to use a drug in conformity with the directions
for its use or taking a drug in combination with other drugs in a manner
that could result in injury to that person; or
(j) A peace officer employed by a local government for the limited
purpose of and to the extent necessary:
(1) For the investigation of an alleged crime reported by an
employee of the pharmacy where the crime was committed; or
(2) To carry out a search warrant or subpoena issued
pursuant to a court order.
(k) A county coroner, medical examiner or investigator employed by
an office of a county coroner for the purpose of:
(1) Identifying a deceased person;
(2) Determining a cause of death; or
(3) Performing other duties authorized by law.
2. Any copy of a prescription for a controlled substance or a
dangerous drug as defined in chapter 454 of
NRS that is issued to a county coroner, medical examiner or investigator
employed by an office of a county coroner must be limited to a copy of
the prescription filled or on file for:
(a) The person whose name is on the container of the controlled
substance or dangerous drug that is found on or near the body of a
deceased person; or
(b) The deceased person whose cause of death is being determined.
3. Except as otherwise provided in NRS 639.2357 , any copy of a prescription for a controlled
substance or a dangerous drug as defined in chapter 454 of NRS, issued to a person authorized by this
section to receive such a copy, must contain all of the information
appearing on the original prescription and be clearly marked on its face
“Copy, Not Refillable—For Reference Purposes Only.” The copy must bear
the name or initials of the registered pharmacist who prepared the copy.
4. If a copy of a prescription for any controlled substance or a
dangerous drug as defined in chapter 454 of
NRS is furnished to the customer, the original prescription must be
voided and notations made thereon showing the date and the name of the
person to whom the copy was furnished.
5. As used in this section, “peace officer” does not include:
(a) A member of the Police Department of the Nevada System of
Higher Education.
(b) A school police officer who is appointed or employed pursuant
to NRS 391.100 .
(Added to NRS by 1967, 1662; A 1971, 2043; 1973, 781; 1977, 1281;
1979, 1693; 1981, 2015; 1985, 1998; 1987, 1568; 1993, 493; 1995, 293;
2001, 2633 ; 2003, 2290 ; 2005, 181 , 1064 , 2750 )
Members, inspectors and investigators of the
Board, inspectors of the Food and Drug Administration, agents of the
Investigation Division of the Department of Public Safety and peace
officers described in paragraph (j) of subsection 1 of NRS 639.238 may remove any record required to be retained
by state or federal law or regulation, including any prescription
contained in the files of a practitioner, if the record in question will
be used as evidence in a criminal action, civil action or an
administrative proceeding, or contemplated action or proceeding. The
person who removes a record pursuant to this section shall:
1. Affix the name and address of the practitioner to the back of
the record;
2. Affix his initials, cause an agent of the practitioner to affix
his initials and note the date of the removal of the record on the back
of the record;
3. Affix the name of the agency for which he is removing the
record to the back of the record;
4. Provide the practitioner with a receipt for the record; and
5. Return a photostatic copy of both sides of the record to the
practitioner within 15 working days after the record is removed.
(Added to NRS by 1967, 1663; A 1971, 2043; 1973, 782; 1981, 2015;
1985, 1999; 1995, 294; 2001, 2634 ; 2003, 2291 )
REFILLING OF PRESCRIPTIONS
1. A record of each refill of any prescription for a controlled
substance or dangerous drug or any authorization to refill such a
prescription must be kept:
(a) On the back of the original prescription; or
(b) In a bound book or separate file.
2. The record must include:
(a) The date of each refill or authorization;
(b) The number of dosage units; and
(c) The signature or initials of the pharmacist who refilled the
prescription or obtained the authorization to refill.
(Added to NRS by 1995, 288)
1. Any prescription for a controlled substance, regardless of the
authorization to refill given by the prescribing practitioner, must not
be refilled more than five times or after 6 months have elapsed from the
date it was originally issued and may be refilled only in keeping with
the number of doses ordered and the directions for use.
2. Any prescription for a dangerous drug, regardless of the
authorization to refill given by the prescribing practitioner, must not
be refilled after 1 year has elapsed from the date it was originally
issued and may be refilled only in keeping with the number of doses
ordered and the directions for use.
3. If no authorization to refill is given by the prescribing
practitioner, or if the prescription is refillable and has been refilled
for the number of times or for the period set forth in subsection 1 or 2,
the original prescription is invalid and a new prescription must be
obtained and placed in the prescription file.
(Added to NRS by 1995, 289)
In the absence of specific authorization to
refill, when the refilling of a prescription calling for a controlled
substance or dangerous drug needed for the continuation of a treatment of
a chronic or continuing illness is considered necessary and the
pharmacist is unable to communicate with the prescribing practitioner,
the pharmacist may, if in his professional judgment he feels that the
controlled substance or dangerous drug should be provided for the
patient, furnish a sufficient supply of the medication to provide for the
continuation of treatment until such time as he can communicate with the
prescribing practitioner personally.
(Added to NRS by 1995, 289)
A prescription which bears
specific authorization to refill, given by the prescribing practitioner
at the time he issued the original prescription, or a prescription which
bears authorization permitting the pharmacist to refill the prescription
as needed by the patient, may be refilled for the number of times
authorized or for the period authorized if it was refilled in accordance
with the number of doses ordered and the directions for use.
(Added to NRS by 1995, 289)
Any authorization to
refill a prescription issued pursuant to the provisions of NRS 639.2393
to 639.2397 , inclusive, may be rescinded at any time
after that authorization is given, by the original practitioner or by
another practitioner acting in his behalf or by another practitioner who
is caring for the patient for whom the original prescription was issued,
by notifying the pharmacy in which the prescription was filled orally or
in writing.
(Added to NRS by 1995, 289)
ADMINISTRATIVE PROCEEDINGS
1. A hearing to determine whether the rights and privileges
granted by any certificate, certification, license or permit issued by
the Board should be revoked, suspended, limited or conditioned must be
initiated by the filing of an accusation by the Board. The action must be
entitled: The Nevada State Board of Pharmacy v. (insert the name of the
party whose certificate, license or permit is involved), who must be
designated “Respondent.”
2. The accusation is a written statement of the charges alleged
and must set forth in ordinary and concise language the acts or omissions
with which the respondent is charged to the end that the respondent will
be able to prepare his defense. The accusation must specify the statutes
and regulations which the respondent is alleged to have violated, but
must not consist merely of charges phrased in language of the statute or
regulation. The accusation must be signed by the Executive Secretary of
the Board acting in his official capacity.
(Added to NRS by 1967, 1658; A 1979, 1694; 2003, 2291 )
1. After filing the accusation, the Executive Secretary of the
Board shall cause a copy thereof, together with one copy of the Statement
to Respondent and three copies of the form of the Notice of Defense, to
be served on the respondent.
2. Service may be by personal service or by first-class registered
or certified mail addressed to the respondent at his last address of
record, or by mail to his attorney of record. Proof of service must be
retained and made a part of the case record.
(Added to NRS by 1967, 1658; A 2003, 2291 )
The statement,
entitled Statement to the Respondent, shall be worded so as to inform the
respondent:
1. That an accusation has been filed.
2. Of his right to a hearing before the Board to answer to the
alleged violations and to submit evidence in his own behalf if requested
by the filing of two copies of the Notice of Defense within 15 days after
receipt of the accusation.
(Added to NRS by 1967, 1658)
1. The form for the Notice of Defense must be prepared and
furnished by the Board and permit the respondent, by completing and
signing the notice, to:
(a) Object to the accusation as being incomplete and failing to set
forth clearly the charges; and
(b) Deny or admit, in part or in whole, the violations alleged.
2. The Notice of Defense must be signed by the respondent or his
attorney under penalty of perjury. Failure to file a Notice of Defense
constitutes a waiver of the respondent’s right to a hearing, but the
Board may grant a hearing.
(Added to NRS by 1967, 1658; A 2003, 2292 )
1. Whenever the Board believes that a holder of a certificate is
or has become incompetent to practice pharmacy by reason of any physical
or mental injury, illness or disability or by reason of chronic or
excessive use of alcohol or drugs, the Board may order that the holder of
the certificate submit to a physical or psychiatric examination, or both,
at the expense of the Board.
2. The Board shall designate a physician or a psychiatrist or
both, as the case may be, to conduct the examination or examinations of
the holder of the certificate and furnish the Board and the holder of the
certificate with a report of the findings. If the holder of the
certificate is dissatisfied with the findings, he may obtain an
independent examination and report at his own expense, not later than 10
days following receipt of the initial report.
3. Upon receipt of the findings the Board shall conduct a hearing
to determine whether the holder of the certificate is competent to
practice pharmacy. Except as provided in subsection 4, if the Board finds
that he is not competent to practice pharmacy, it shall order an
immediate suspension of his right to practice pharmacy, and the
suspension remains in effect until the Board determines that a
certificate may be reinstated.
4. The Board may place on probation a holder of a certificate who
is not competent to practice pharmacy by reason of chronic or excessive
use of alcohol or drugs if he voluntarily enters and completes a program
of treatment approved by the Board and complies with any other conditions
imposed by the Board.
(Added to NRS by 1975, 1306; A 1987, 949)
Whenever a hearing has been
granted by the Board, the Executive Secretary of the Board shall serve
notice on the respondent of the time and place set for the hearing on the
accusation. If the Board receives a report pursuant to subsection 5 of
NRS 228.420 , a hearing must be held
within 30 days after receiving the report. Service may be effected in the
same manner as provided in NRS 639.242 .
(Added to NRS by 1967, 1659; A 1993, 794; 2003, 2292 )
1. The Executive Secretary of the Board shall issue subpoenas for
the production of witnesses, documents or papers, in accordance with
statutory provisions, at the request of any party to a hearing or for
purposes of an investigation or other matter under inquiry by the Board.
2. Witnesses appearing pursuant to a subpoena must receive
expenses and witness fees in the amounts and under the same circumstances
as prescribed by law for witnesses in civil actions. The expenses and
fees must be paid in full by the party at whose request the witness is
subpoenaed.
3. Subpoenas must be served in the same manner as prescribed by
law for the service of subpoenas in civil actions. If any person fails to
comply with a subpoena within 10 days after its issuance, the President
of the Board, or the Executive Secretary of the Board at the direction of
the President, may petition the district court for an order of the court
compelling compliance with the subpoena.
4. Upon such a petition, the court shall enter an order directing
the person subpoenaed to appear before the court at a time and place to
be fixed by the court in its order, the time to be not more than 10 days
after the date of the order, and then and there to show cause why he has
not complied with the subpoena. A certified copy of the order must be
served upon the person.
5. If it appears to the court that the subpoena was regularly
issued by the Board, the court shall enter an order compelling compliance
with the subpoena. Failure to obey the order constitutes contempt of
court.
(Added to NRS by 1967, 1659; A 1993, 634; 2003, 2292 )
1. Any hearing held for the purpose of suspending or revoking any
certificate, certification, license or permit must be conducted publicly
by the Board. The hearing must be presided over by a member of the Board
or his designee and three members constitute a quorum. Any decision by
the Board requires the concurrence of at least three members. The
proceedings of the hearing must be reported or recorded by an electronic
recording device, an official court reporter or another qualified person.
2. The member of the Board or his designee presiding at the
hearing or the Executive Secretary of the Board may administer oaths or
affirmations. Continuances and adjournments may be ordered, or may be
granted, by the member or his designee presiding, for cause shown and by
orally notifying those persons present of the time and place at which the
hearing will be continued.
(Added to NRS by 1967, 1659; A 1973, 782; 1977, 1282; 1981, 101;
1987, 950; 2003, 2292 )
Hearsay evidence
may be admitted for the purpose of supplementing or explaining any direct
evidence but is not sufficient in itself to support a finding.
(Added to NRS by 1967, 1659; A 1977, 91)
1. Except as otherwise provided in this section, any records or
information obtained during the course of an investigation by the Board
and any record of the investigation are confidential.
2. The complaint or other document filed by the Board to initiate
disciplinary action and all documents and information considered by the
Board when determining whether to impose discipline are public records.
3. The Board may disclose to a practitioner and a law enforcement
agency information concerning a person who procures or attempts to
procure any dangerous drug or controlled substance in violation of NRS
453.391 or 454.311 .
4. If the Board receives a request or subpoena for records or
information obtained during an investigation by the Board and the records
or information is not made public pursuant to subsection 2, the Board
shall notify the person regarding whom the investigation was made of the
request or subpoena. If that person does not consent in writing to the
release of the records or information, the Board may release the records
or information only upon the order of a court of competent jurisdiction.
(Added to NRS by 1989, 1568; A 1991, 1952; 1995, 294; 2003, 3454
)
If any person in proceedings before the
Board disobeys or resists any lawful order or refuses to respond to a
subpoena, or refuses to take the oath or affirmation as a witness or
thereafter refuses to be examined, or is guilty of misconduct during a
hearing or so near the place thereof as to obstruct the proceeding, the
Board shall certify the facts to the district court of the county where
the proceeding is being conducted. The court shall thereupon issue an
order directing the person to appear before the court and show cause why
he should not be punished as for contempt. The order and a copy of the
certified statement shall be served on the person. Thereafter the court
shall have jurisdiction of the matter. The same proceedings shall be had,
the same penalties may be imposed and the person charged may purge
himself of the contempt in the same way, as in the case of a person who
has committed a contempt in the trial of a civil action.
(Added to NRS by 1967, 1660)
Upon conclusion of the hearing or as
soon as practicable thereafter and, in any event, within 30 days, the
Board shall make, enter and file its decision and shall make, enter and
file its order based thereon. A copy of the order shall promptly be
served on the respondent and his attorney of record, either personally or
by registered or certified mail. The order shall not become effective
until at least 30 days after receipt by the respondent unless otherwise
ordered by the Board.
(Added to NRS by 1967, 1660)
1. If the respondent wishes to contest or appeal the decision of
the Board, the order or any part thereof, he may, not later than 10 days
after the time the order becomes effective, apply in writing to the Board
for a rehearing. The application must set forth with particularity the
part or parts of the decision or order to which the respondent objects
and the basis of the objection.
2. The Executive Secretary of the Board shall, within 10 days
after receipt of a written application for rehearing, notify the
respondent and his attorney of record in writing, by registered or
certified mail, of his action, either granting or denying the
application. If the application is granted, the notice must contain the
date, time and place of the rehearing. The rehearing must be held at the
next regularly scheduled meeting of the Board. Granting of the
application by the Executive Secretary does not serve as an automatic
stay of execution of the order pending conclusion of the rehearing.
(Added to NRS by 1967, 1660; A 2003, 2293 )
1. On conclusion of the rehearing the Board may reaffirm the order
previously adopted, or if new evidence is presented which controverts, in
whole or in part, the allegations on which the accusation was based and
if the Board considers that such action would be in the public interest,
the Board may reset or reduce the penalty ordered at the conclusion of
the original hearing.
2. The Board shall make, enter and file its order at the
conclusion of the rehearing, or as soon thereafter as practicable, and
cause a copy thereof to be served on the respondent and his attorney of
record within 30 days. The order shall not become effective until 30 days
after receipt thereof by the respondent unless otherwise ordered by the
Board.
(Added to NRS by 1967, 1660)
1. Every order of the Board which limits the practice of pharmacy
or any privileges extended by any certificate, permit, registration or
license is effective until the date the order is modified or reversed by
a final judgment of the reviewing court.
2. The district court shall give a petition for judicial review of
the Board’s order priority over other civil matters which are not
expressly given priority by law.
(Added to NRS by 1985, 875; A 1989, 1658)
1. The holder of any certificate, license or permit issued by the
Board, whose default has been entered or who has been heard by the Board
and found guilty of the violations alleged in the accusation, may be
disciplined by the Board by one or more of the following methods:
(a) Suspending judgment;
(b) Placing the certificate, license or permit holder on probation;
(c) Suspending the right of a certificate holder to practice, or
the right to use any license or permit, for a period to be determined by
the Board;
(d) Revoking the certificate, license or permit;
(e) Public reprimand; or
(f) Imposition of a fine for each count of the accusation, in
accordance with the schedule of fines established pursuant to subsection
3.
2. Such action by the Board is final, except that the propriety of
such action is subject to review upon questions of law by a court of
competent jurisdiction.
3. The Board shall, by regulation, establish a schedule of fines
that may be imposed pursuant to paragraph (f) of subsection 1. Each fine
must be commensurate with the severity of the applicable violation, but
must not exceed $10,000 for each violation.
4. The Board shall not issue a private reprimand.
5. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
(Added to NRS by 1967, 1661; A 1973, 782; 1979, 1694; 1993, 888;
2001, 836 , 1634 ; 2003, 3455 )
[Expires by limitation 2 years
after the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Board receives a copy of a court order issued pursuant
to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a
certificate of registration as a pharmacist, intern pharmacist,
pharmaceutical technician or pharmaceutical technician in training or a
license issued pursuant to NRS 639.233 ,
the Board shall deem the certificate of registration or license issued to
that person to be suspended at the end of the 30th day after the date on
which the court order was issued unless the Board receives a letter
issued to the holder of the certificate of registration or license by the
district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate of
registration or license has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS 425.560 .
2. The Board shall reinstate a certificate of registration as a
pharmacist, intern pharmacist, pharmaceutical technician or
pharmaceutical technician in training or a license issued pursuant to NRS
639.233 that has been suspended by a
district court pursuant to NRS 425.540
if the Board receives a letter issued by the district attorney or other
public agency pursuant to NRS 425.550
to the person whose certificate of registration or license was suspended
stating that the person whose certificate of registration or license was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560 .
(Added to NRS by 1997, 2148; A 2003, 2293 ; 2005, 2807 )
A certificate, license or permit which has been
suspended for a specified period of time must automatically be restored
to good standing on the first day following the period of suspension. The
Executive Secretary of the Board, when notifying the respondent of the
penalty imposed by the Board, shall inform the respondent of the date on
which the certificate, license or permit will be so restored.
(Added to NRS by 1967, 1661; A 2003, 2293 )
1. A person whose certificate has been suspended by the Board may
petition the Board for reinstatement of the certificate.
2. After receipt of the petition, the Board shall conduct a
hearing to determine whether the certificate should be reinstated.
3. If a hearing is held, the Board may consider the results of its
own investigation and any evidence pertaining to the competence of the
petitioner. An affirmative vote of a majority of Board members is
necessary to reinstate a certificate. The Board may require, prior to
reinstatement, that the petitioner pass an examination, either oral or
written, to determine his present fitness to resume his practice.
4. In any hearing conducted under this section, the Board may
employ any expert witnesses considered necessary to determine the
competency and ability of the petitioner.
5. If the Board orders restoration of such certificate, it may
waive the requirements of NRS 639.180 ,
639.190 and 639.2174 .
(Added to NRS by 1975, 1306)
1. A person whose certificate, license or permit has been revoked
may petition the Board for reinstatement after a period of not less than
1 year has lapsed since the date of revocation.
2. The petition shall state such facts as may be required by the
Board and shall be heard by the Board at its next regular meeting held
not earlier than 30 days after the petition is filed. Such petition may
be considered by the Board while the petitioner is under sentence for any
criminal offense, including any period during which he is on probation or
parole, only if the Board members, by a majority vote, find that the
public interest would best be served by such reinstatement.
3. In considering reinstatement the Board may investigate and
consider all activities of the petitioner since the time his original
certificate, license or permit was issued, his ability, character and
reputation. The affirmative vote of at least three members is necessary
for reinstatement of a certificate, license or permit with or without
terms, conditions and restrictions.
(Added to NRS by 1967, 1661)
1. Any disciplinary action taken by a hearing officer or panel
pursuant to NRS 639.081 is subject to
the same procedural requirements which apply to disciplinary actions
taken by the Board, and the officer or panel has those powers and duties
given to the Board in relation thereto.
2. A decision of the hearing officer or panel relating to the
imposition of a fine is a final decision in a contested case. Any party
aggrieved by a decision of the officer or panel to place the holder of a
certificate, license or permit on probation, reprimand him or revoke or
suspend his certificate, license or permit may appeal that decision to
the Board.
(Added to NRS by 1983, 1540)
The Board or any other person who initiates
or assists in any lawful investigation or administrative proceeding
concerning the discipline of a pharmacist is immune from any civil action
for that initiation or assistance or any consequential damages, if the
person acted without malicious intent.
(Added to NRS by 1987, 948)
REGULATION OF TRADE PRACTICES
Substitution of Generic Drugs for Drugs Prescribed by Brand Name
1. Except as otherwise provided in this section, if a practitioner
has prescribed a drug by brand name and the practitioner has not
indicated, by a method set forth in subsection 5, that a substitution is
prohibited, the pharmacist who fills or refills the prescription shall
dispense, in substitution, another drug which is available to him if the
other drug:
(a) Is less expensive than the drug prescribed by brand name;
(b) Is biologically equivalent to the drug prescribed by brand name;
(c) Has the same active ingredient or ingredients of the same
strength, quantity and form of dosage as the drug prescribed by brand
name; and
(d) Is of the same generic type as the drug prescribed by brand
name.
2. If the pharmacist has available to him more than one drug that
may be substituted for the drug prescribed by brand name, the pharmacist
shall dispense, in substitution, the least expensive of the drugs that
are available to him for substitution.
3. Before a pharmacist dispenses a drug in substitution for a drug
prescribed by brand name, the pharmacist shall:
(a) Advise the person who presents the prescription that the
pharmacist intends to dispense a drug in substitution; and
(b) Advise the person that he may refuse to accept the drug that
the pharmacist intends to dispense in substitution, unless the pharmacist
is being paid for the drug by a governmental agency.
4. If a person refuses to accept the drug that the pharmacist
intends to dispense in substitution, the pharmacist shall dispense the
drug prescribed by brand name, unless the pharmacist is being paid for
the drug by a governmental agency, in which case the pharmacist shall
dispense the drug in substitution.
5. A pharmacist shall not dispense a drug in substitution for a
drug prescribed by brand name if the practitioner has indicated that a
substitution is prohibited using one or more of the following methods:
(a) By oral communication to the pharmacist at any time before the
drug is dispensed.
(b) By handwriting the words “Dispense as Written” on the form used
for the prescription, including, without limitation, any form used for
transmitting the prescription from a facsimile machine to another
facsimile machine. The pharmacist shall disregard the words “Dispense as
Written” if they have been placed on the form used for the prescription
by preprinting or other mechanical process or by any method other than
handwriting.
(c) By including the words “Dispense as Written” in any
prescription that is given to the pharmacist by electronic transmission
pursuant to the regulations of the Board, including, without limitation,
an electronic transmission from a computer equipped with a facsimile
modem to a facsimile machine or from a computer to another computer
pursuant to the regulations of the Board.
6. The provisions of this section also apply to a prescription
issued to a person by a practitioner from outside this State if the
practitioner has not indicated, by a method set forth in subsection 5,
that a substitution is prohibited.
7. The provisions of this section do not apply to:
(a) A prescription drug that is dispensed to any inpatient of a
hospital by an inpatient pharmacy which is associated with that hospital;
(b) A prescription drug that is dispensed to any person by mail
order or other common carrier by an Internet pharmacy which is certified
by the Board pursuant to NRS 639.23288 and authorized to provide service by mail
order or other common carrier pursuant to the provisions of this chapter;
or
(c) A prescription drug that is dispensed to any person by a
pharmacist if the substitution:
(1) Would violate the terms of a health care plan that
maintains a mandatory, exclusive or closed formulary for its coverage for
prescription drugs; or
(2) Would otherwise make the transaction ineligible for
reimbursement by a third party.
(Added to NRS by 1979, 1348; A 1981, 393, 1374; 1985, 2005; 2003,
1213 )
If a generic drug is substituted for a drug
prescribed by brand name, the pharmacist or practitioner:
1. Shall note the name of the manufacturer, packer or distributor
of the drug actually dispensed on the prescription; and
2. May indicate the substitution on the label by use of the words
“substituted for” following the generic name and preceding the brand name
of the drug.
(Added to NRS by 1979, 1348; A 1985, 885; 1989, 1122; 1991, 1953)
A pharmacist or practitioner
shall not dispense by prescription any tablet or capsule, except one
which is hypodermic, sublingual or soluble, if it does not have the
manufacturer’s product identification code imprinted on it.
(Added to NRS by 1987, 1649; A 1989, 1122)
1. The form used for any prescription which is issued or intended
to be filled in this state must contain a line for the signature of the
practitioner.
2. Substitutions may be made in filling prescriptions contained in
the orders of a physician, or of an advanced practitioner of nursing who
is a practitioner, in a facility for skilled nursing or facility for
intermediate care.
3. Substitutions may be made in filling prescriptions ordered on a
patient’s chart in a hospital if the hospital’s medical staff has
approved a formulary for specific generic substitutions.
(Added to NRS by 1979, 1348; A 1981, 393; 1983, 1511; 1985, 1769,
2005; 1991, 793; 2003, 1215 )
No employer of a pharmacist may require the pharmacist to
dispense any specific generic drug in substitution for another drug if
the:
1. Substitution is not permitted by the prescription as signed by
a practitioner;
2. Substitution would be against the professional judgment of the
pharmacist; or
3. Substitution would violate any provision of NRS 639.2583 to 639.2597 , inclusive.
(Added to NRS by 1979, 1349; A 2003, 1215 )
A
pharmacist or practitioner who selects a drug for substitution assumes no
greater civil liability than he assumes by filling the prescription with
the drug under its brand name.
(Added to NRS by 1979, 1349; A 1989, 1122)
A
pharmacist or practitioner who proposes to make any substitution must
have made use of a list of biologically equivalent drugs approved by the
United States Food and Drug Administration.
(Added to NRS by 1979, 1349; A 1989, 1122; 1993, 635)
Transactions Involving Wholesalers
[Replaced in revision by NRS
639.595 .]
Miscellaneous Provisions
No registered
pharmacist or owner of any pharmacy licensed under the provisions of this
chapter may make, disseminate or cause to be made or disseminated before
the public in this state, in any newspaper or other publication, or any
advertising device, or in any other manner or means whatever, any
statement concerning prices or services, professional or otherwise, which
is untrue or misleading, and which is known, or which by the exercise of
reasonable care should be known, to be false or misleading.
(Added to NRS by 1967, 1663)
1. No registered pharmacist, or owner of any pharmacy licensed
under the provisions of this chapter, may offer, deliver or pay any
unearned rebate, refund, commission, preference, patronage dividend,
discount or other unearned consideration to any person, whether in the
form of money or otherwise, as compensation or inducement to such person
for referring prescriptions, patients, clients or customers to such
pharmacist or pharmacy, irrespective of any membership, proprietary
interest or co-ownership in or with any person by whom such
prescriptions, patients, clients or customers are referred.
2. The furnishing to a practitioner by a pharmacist or a pharmacy
of prescription blanks bearing the name or name and address of any
pharmacy is an unearned rebate and an inducement to refer patients to
such pharmacist or pharmacy.
(Added to NRS by 1967, 1663; A 1979, 1695)
A registered pharmacist may trade or exchange drugs with
another such pharmacist when any such trade or exchange is necessary to
the business of either such pharmacist.
(Added to NRS by 1969, 627)
For the purposes of this
chapter and chapters 453 and 454 of NRS, any act which is required to be performed by
a pharmacist may be performed with the use of computerized mechanical
equipment in accordance with the regulations adopted by the Board.
(Added to NRS by 1995, 289)
1. Upon receipt of a prescription and after review of the
patient’s record, a pharmacist shall communicate matters which will
enhance therapy through drugs with the patient or a person caring for
him. The communication must include appropriate elements of counseling
for the patient, as established in regulations adopted by the Board. The
communication must be in person if practicable, or by telephone or in
writing if the patient or the person caring for him is not present at the
pharmacy.
2. Additional information may be used to supplement counseling
when appropriate, including leaflets, pictogram labels, video programs
and other such information.
3. Counseling is not required for inpatients of a hospital or a
licensed health care facility where administration of drugs is provided.
(Added to NRS by 1993, 2154)
1. As used in this section, “unit dose” means that quantity of a
drug which is packaged as a single dose.
2. A pharmacist who provides a regimen of drugs in unit doses to a
patient in a facility for skilled nursing or facility for intermediate
care as defined in chapter 449 of NRS may
credit the person or agency which paid for the drug for any unused doses.
The pharmacist may return the drugs to the dispensing pharmacy, which may
reissue the drugs to fill other prescriptions in accordance with the
provisions of NRS 449.2485 .
3. Except schedule II drugs specified in or pursuant to chapter
453 of NRS and except as otherwise provided
in NRS 433.801 , 449.2485 and 639.2675 , unit doses packaged in ampules or vials
which do not require refrigeration may be returned to the pharmacy which
dispensed them. The Board shall, by regulation, authorize the return of
any other type or brand of drug which is packaged in unit doses if the
Food and Drug Administration has approved the packaging for that purpose.
(Added to NRS by 1979, 981; A 1981, 840; 1985, 1769; 2003, 1374
)
1. A prescription drug that is dispensed by a pharmacy to an
offender incarcerated in a correctional institution, but will not be used
by that offender, may be returned to that dispensing pharmacy for the
purpose of reissuing the drug to fill other prescriptions for offenders
incarcerated in that correctional institution if:
(a) The drug is not a schedule II drug specified in or pursuant to
chapter 453 of NRS;
(b) The drug is dispensed in a unit dose, in individually sealed
doses or in a bottle that is sealed by the manufacturer of the drug;
(c) The drug is returned unopened and sealed in the original
manufacturer’s packaging or bottle;
(d) The usefulness of the drug has not expired;
(e) The packaging or bottle contains the expiration date of the
usefulness of the drug; and
(f) The name of the patient for whom the drug was originally
prescribed, the prescription number and any other identifying marks are
obliterated from the packaging or bottle before the return of the drug.
2. A pharmacy to which a drug is returned pursuant to this section
may reissue the drug to fill other prescriptions for offenders
incarcerated in the same correctional institution if the registered
pharmacist of the pharmacy determines that the drug is suitable for that
purpose in accordance with standards adopted by the Board pursuant to
subsection 5.
3. No drug that is returned to a dispensing pharmacy pursuant to
this section may be used to fill other prescriptions more than one time.
4. The director of a correctional institution shall adopt written
procedures for returning drugs to a dispensing pharmacy pursuant to this
section. The procedures must:
(a) Provide appropriate safeguards for ensuring that the drugs are
not compromised or illegally diverted during their return.
(b) Require the maintenance and retention of such records relating
to the return of such drugs as are required by the Board.
(c) Be approved by the Board.
5. The Board shall adopt such regulations as are necessary to
carry out the provisions of this section including, without limitation,
requirements for:
(a) Returning and reissuing such drugs pursuant to the provisions
of this section.
(b) Maintaining records relating to the return and the use of such
drugs to fill other prescriptions.
6. As used in this section, “correctional institution” means an
institution or facility operated by the Department of Corrections.
(Added to NRS by 2003, 1373 )
1. A practitioner may purchase supplies of controlled substances,
poisons, dangerous drugs and devices from a pharmacy by:
(a) Making an oral order to the pharmacy or transmitting an oral
order through his agent, except an order for a controlled substance in
schedule II; or
(b) If the order is for a controlled substance, presenting to the
pharmacy a written order signed by him which contains his registration
number issued by the Drug Enforcement Administration.
2. A hospital pharmacy or a pharmacy designated for this purpose
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, may sell
to a person or agency described in subsection 3 supplies of controlled
substances to stock the ambulances or other authorized vehicles of such a
person or agency or replenish the stock if:
(a) The person or agency is registered with the Drug Enforcement
Administration pursuant to 21 C.F.R. Part 1301;
(b) The person in charge of the controlled substances is:
(1) An advanced emergency medical technician appropriately
certified by the health authority;
(2) A registered nurse licensed by the State Board of
Nursing; or
(3) A person who holds equivalent certification or licensure
issued by another state; and
(c) Except as otherwise provided in this paragraph, the purchase
order is countersigned by a physician or initiated by an oral order and
may be made by the person or agency or transmitted by an agent of such a
person or agency. An order for a controlled substance listed in schedule
II must be made pursuant to NRS 453.251 .
3. A pharmacy, institutional pharmacy or other person licensed by
the Board to furnish controlled substances and dangerous drugs may sell
to:
(a) The holder of a permit issued pursuant to the provisions of NRS
450B.200 or 450B.210 ;
(b) The holder of a permit issued by another state which is
substantially similar to a permit issued pursuant to the provisions of
NRS 450B.200 or 450B.210 ; and
(c) An agency of the Federal Government that provides emergency
care or transportation and is registered with the Drug Enforcement
Administration pursuant to 21 C.F.R. Part 1301.
4. A pharmacy, institutional pharmacy or other person licensed by
the Board to furnish dangerous drugs who sells supplies pursuant to this
section shall maintain a record of each sale which must contain:
(a) The date of sale;
(b) The name, address and signature of the purchaser or the person
receiving the delivery;
(c) The name of the dispensing pharmacist;
(d) The name and address of the authorizing practitioner; and
(e) The name, strength and quantity of each drug sold.
5. A pharmacy, institutional pharmacy or other person licensed by
the Board to furnish dangerous drugs who supplies the initial stock for
an ambulance or other emergency vehicle shall comply with any applicable
regulations adopted by the State Board of Health, or a district board of
health, pursuant to NRS 450B.120 .
6. The Board shall adopt regulations regarding the records a
pharmacist shall keep of any purchase made pursuant to this section.
(Added to NRS by 1995, 287; A 2005, 2478 )
Any drug, medicine,
remedy, poison or chemical, the sale of which is not otherwise restricted
as provided by this chapter, and any patent or proprietary medicine, may
be sold by grocers and dealers generally without restriction when
prepared and sold in original and unbroken packages and, if poisonous,
labeled with the official poison labels and sold in accordance with the
requirements of the Federal Food, Drug and Cosmetic Act.
[Part 18:286:1913; A 1925, 236; 1947, 667; 1949, 554; 1951, 290;
1953, 588]—(NRS A 1967, 1650)
A pharmacy or insurer may provide
to a practitioner a computer or any other electronic device, including,
without limitation, any software or equipment required for the computer
or device if the computer or other electronic device is capable of
transmitting data to any pharmacy in this state.
(Added to NRS by 2001, 834 )
Unless specified to the contrary in writing on the prescription
by the prescribing practitioner, all prescriptions filled by any
practitioner must be dispensed in a container to which is affixed a label
or other device which clearly shows:
1. The date.
2. The name, address and prescription serial number of the
practitioner who filled the prescription.
3. The names of the prescribing practitioner and of the person for
whom prescribed.
4. The number of dosage units.
5. Specific directions for use given by the prescribing
practitioner.
6. The expiration date of the effectiveness of the drug or
medicine dispensed, if that information is included on the original label
of the manufacturer of that drug or medicine. If the expiration date
specified by the manufacturer is not less than 1 year after the date of
dispensing, the practitioner may use a date that is 1 year after the date
of dispensing as the expiration date.
7. The proprietary or generic name of the drug or medicine as
written by the prescribing practitioner.
8. The strength of the drug or medicine.
Ê The label must contain the warning:
Caution: Do not use with alcohol or nonprescribed drugs without
consulting the prescribing practitioner.
(Added to NRS by 1973, 265; A 1975, 224; 1979, 1695; 1989, 1122;
1991, 1953; 2003, 452 ; 2005, 1619 )
Prescription price information must be made available,
upon request, by a pharmacist or practitioner who dispenses drugs.
(Added to NRS by 1973, 265; A 1989, 1123)
Every practitioner who dispenses
drugs shall post on the premises in a place conspicuous to customers and
easily accessible and readable by customers a notice, provided by the
Board, advising customers that a price list of drugs and professional
services is available to them upon request.
(Added to NRS by 1979, 355; A 1989, 1123)
No person who owns a pharmacy licensed under this chapter may
require a pharmacist in his employment to dispense a specific drug when a
choice of drugs is available.
(Added to NRS by 1977, 632)
1. A prescription for the substance having the trade name
“laetrile” shall be considered as an order for the substance by its
generic name, amygdalin. The prescription may be filled with “laetrile”
or its generic equivalent.
2. A prescription for the substance having the trade name
“Gerovital H3” shall be considered as an order for procaine hydrochloride
with preservatives and stabilizers, and the order may be filled using
similar products manufactured under other trade names.
(Added to NRS by 1977, 1647)
1. A pharmacist or practitioner is not subject to any penalty for
filling a prescription for a substance licensed for manufacture in this
state if the prescription is issued to a patient by his practitioner.
2. If a substance licensed for manufacture in this state has not
been approved as a drug by the Food and Drug Administration, the label or
other device affixed to its container must so state and the label must
further state that the State of Nevada has not approved the substance.
(Added to NRS by 1977, 1647; A 1983, 151; 1989, 1123; 1991, 793)
A parenteral solution which is used by a patient in his home
or in a facility for the dependent or a medical facility, other than a
hospital as defined in NRS 449.012 , may
only be sold or dispensed:
1. By a pharmacy licensed in this state or a practitioner;
2. If the date of expiration is on its label; and
3. If a practitioner, registered pharmacist and a registered nurse
are available at all times for immediate assistance to the patient in
case of any pharmaceutical problems encountered in its use.
(Added to NRS by 1985, 867; A 1995, 295)
1. Any parenteral for use in a home or a facility for the
dependent or a medical facility, other than a hospital as defined in NRS
449.012 , must be compounded, packaged
and labeled:
(a) By a registered pharmacist in a pharmacy or a practitioner
licensed in this state. The practitioner shall ensure that the
parenterals are delivered to the patient and are not available for use
after the date of expiration.
(b) Pursuant to regulations adopted by the Board.
2. To maintain the stability of parenteral solutions, to prevent
their contamination and that of the personnel of the practitioner and to
ensure the quality and continuity of care for patients, the Board shall
adopt regulations, to include:
(a) The procedures for the compounding, packaging, replacement and
disposal of parenteral solutions;
(b) The conditions under which those solutions must be prepared,
stored and delivered;
(c) The equipment required for the preparation, sterilization and
storage of those solutions and the maintenance and cleaning of that
equipment;
(d) The procedures for the proper disposal of any material used in
the preparation of those solutions;
(e) The procedures for maintaining records and clinical monitoring
of patients;
(f) The education and training of persons employed by
practitioners; and
(g) The requirements for the education of patients relating to the
use of parenterals.
(Added to NRS by 1985, 867; A 1989, 1123; 1995, 295)
UNLAWFUL ACTS AND PENALTIES
1. Any person who secures or attempts to secure registration for
himself or any other person by making, or causing to be made, any false
representation or who fraudulently represents himself to be a registered
pharmacist or practitioner is guilty of a misdemeanor.
2. Any certificate issued by the Board on information later found
to be false or fraudulent must be automatically cancelled by the Board.
(Added to NRS by 1967, 1664; A 1989, 1124)
1. Except as provided in NRS 453.331 and 454.311 ,
it is unlawful for any person falsely to represent himself as a
practitioner entitled to write prescriptions in this state, or the agent
of such a person, for the purpose of transmitting to a pharmacist an
order for a prescription.
2. It is unlawful for the agent of a practitioner entitled to
write prescriptions in this state willfully to transmit to a pharmacist
an order for a prescription if the agent is not authorized by the
practitioner to transmit such order.
(Added to NRS by 1979, 342; A 1979, 1697; 1981, 1968)
A pharmacist or practitioner who
knowingly submits to the State or any of its political subdivisions or
any agent thereof, a charge or claim for drugs or medical supplies
furnished to or for a person receiving medical care under any program of
public assistance, which is false or which is in excess of any amount
established by law or regulations adopted by the Department of Health and
Human Services or by the governing body of any political subdivision, as
the price or fee for the furnishing of those drugs or medical supplies,
is guilty of a category D felony and shall be punished as provided in NRS
193.130 . In addition to any other
penalty, the court shall order the person to pay restitution.
(Added to NRS by 1973, 783, 1406; A 1979, 1490; 1989, 1124; 1995,
1312)
1. Except as otherwise provided in NRS 433.801 , 449.2485 ,
639.267 and 639.2675 , it is unlawful for any person to have in his
possession, or under his control, for the purpose of resale, or to sell
or offer to sell or dispense or give away, any pharmaceutical
preparation, drug or chemical which:
(a) Has been dispensed pursuant to a prescription or chart order
and has left the control of a registered pharmacist or practitioner;
(b) Has been damaged or subjected to damage by heat, smoke, fire or
water, or other cause which might reasonably render it unfit for human or
animal use;
(c) Has been obtained through bankruptcy or foreclosure
proceedings, or other court action, auction or other legal or
administrative proceedings, except when the pharmaceutical preparation,
drug or chemical is in the original sealed container;
(d) Is no longer safe or effective for use, as indicated by the
expiration date appearing on its label; or
(e) Has not been properly stored or refrigerated as required by its
label.
2. The provisions of subsection 1 do not apply if the person in
whose possession the pharmaceutical preparation, drug or chemical is
found also has in his possession a valid and acceptable certification of
analysis attesting to the purity and strength of the pharmaceutical
preparation, drug or chemical and attesting to the fact that it can be
safely and effectively used by humans or animals. The preparation, drug
or chemical must not be sold or otherwise disposed of until the
certification required by this subsection has been presented to and
approved by the Board.
3. In the absence of conclusive proof that the preparation, drug
or chemical can be used safely and effectively by humans or animals, it
must be destroyed under the direct supervision of a member or an
inspector of the Board, or two persons designated as agents by the Board
who include an inspector of a health care board, a licensed practitioner
of a health care board or a peace officer of an agency that enforces the
provisions of chapters 453 and 454 of NRS.
4. As used in this section, “health care board” includes the State
Board of Pharmacy, the State Board of Nursing, the Board of Medical
Examiners and the Nevada State Board of Veterinary Medical Examiners.
(Added to NRS by 1967, 1664; A 1979, 982; 1989, 1124, 1450; 2003,
1374 )
1. Except as otherwise provided in subsection 2, it is unlawful
for the holder of a certificate of registration as a pharmacist, a
certificate of registration as an intern pharmacist, a license or a
permit granted pursuant to this chapter to sell, furnish or fit a contact
lens.
2. A registered pharmacist may, pursuant to a prescription, sell
or furnish a prepackaged contact lens that does not require any
adjustment, modification or fitting, if:
(a) The prescription includes an expiration date and sets forth the
number of refills that the person for whom the contact lens is prescribed
may receive; and
(b) The contact lens is not sold or furnished with the intent that
the initial use of the contact lens will occur after the expiration date
of the prescription.
3. As used in this section, “contact lens” includes, without
limitation, any cosmetic or therapeutic contact lens or any contact lens
that is used to improve visual acuity.
(Added to NRS by 1985, 876; A 1997, 1259; 1999, 245 )
Any person who
sells, dispenses or compounds any prescription, or sells any drug or
poison while under the influence of intoxicating liquor or any depressant
drug or controlled substance, unless taken pursuant to a lawfully issued
prescription, is guilty of a misdemeanor.
(Added to NRS by 1967, 1664; A 1971, 2043; 1973, 783; 1985, 886;
1989, 1125; 1995, 1714)
Any person who:
1. Being the licensed proprietor of a pharmacy, fails to place a
registered pharmacist in charge of such pharmacy, or permits the
compounding or dispensing of drugs or prescriptions, or the selling of
drugs, poisons or devices, the sale of which is restricted by the
provisions of this chapter, by any person other than a registered
pharmacist or an intern pharmacist, is guilty of a misdemeanor.
2. Is not a registered pharmacist and who takes charge of or acts
as manager of any pharmacy, compounds or dispenses any prescription, or
sells any drug, poison or device, the sale of which is restricted by the
provisions of this chapter, is guilty of a misdemeanor.
(Added to NRS by 1967, 1664; A 1975, 204)
1. A pharmacist or practitioner is not subject to any penalty for
dispensing or selling without a prescription oral doses of procaine
hydrochloride with preservatives and stabilizers (Gerovital H3)
manufactured in this state.
2. A pharmacist or practitioner who dispenses or sells procaine
hydrochloride with preservatives and stabilizers (Gerovital H3) pursuant
to this section without a prescription shall maintain a register of
persons to whom it was dispensed or sold. The register must contain:
(a) The name and address of the person to whom it was sold or
dispensed;
(b) The amount sold or dispensed and the date;
(c) The signature of the person to whom it was sold or dispensed;
and
(d) 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 or practitioner.
(Added to NRS by 1983, 337; A 1989, 1125)
Any person not
licensed by the Board, who sells, displays or offers for sale any drug,
device or poison, the sale of which is restricted to prescription only or
by a registered pharmacist or under his direct and immediate supervision,
is guilty of a misdemeanor.
(Added to NRS by 1967, 1665)
Regulations
officially adopted by the Board under the powers granted by NRS 454.110
and 639.073 as those regulations apply to the restricted
sale of drugs and the sale or labeling of poisons apply to all persons
alike. Violation of those regulations is a misdemeanor.
(Added to NRS by 1967, 1665; A 1971, 686; 1979, 1695; 1981, 750;
1985, 370)
1. When called upon by a member, inspector or investigator of the
Board, the owner or manager of any premises on which drugs, medicines or
poisons are sold at retail or a wholesaler or manufacturer of drugs shall
furnish the member, inspector or investigator with the name of each
owner, manager, partner, officer of the corporation and employee,
together with a statement of the capacity in which each of those persons
is employed or the extent to which each is engaged in the operation of
the licensed establishment.
2. Any person who refuses to furnish that information or willfully
furnishes false information is guilty of a misdemeanor.
(Added to NRS by 1967, 1665; A 1989, 1125)
It
is unlawful for any wholesaler or manufacturer to furnish, sell, offer
for sale, or deliver any drugs, poisons, chemicals or devices, other than
those referred to in NRS 639.270 , to
any person not authorized by the laws of this state to handle, sell,
possess or deal in such drugs, poisons, chemicals or devices.
(Added to NRS by 1967, 1665)
1. The several penalties prescribed in this chapter may be
recovered in any court having jurisdictions, by a civil action instituted
by the Board, in the name of the State of Nevada, or by criminal
prosecution upon complaint being made.
2. The district attorney of the county wherein violations of the
provisions of this chapter occur shall conduct all such actions and
prosecutions at the request of the Board.
[21:286:1913; 1919 RL p. 3153; NCL § 5100]
Unless a greater penalty is specified, any
person who violates any of the provisions of this chapter is guilty of a
misdemeanor.
[15:286:1913; A 1951, 290]—(NRS A 1965, 544; 1967, 642, 1650; 1987,
1313)
WHOLESALERS AND WHOLESALE DISTRIBUTION
Additional Licensing Requirements
1. In addition to the requirements for an application set forth in
NRS 639.100 , each applicant for a
license to engage in wholesale distribution shall submit with his
application a complete set of his fingerprints and written permission
authorizing the Board to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report. If the applicant is a:
(a) Natural person, that person must submit his fingerprints.
(b) Partnership, each partner must submit his fingerprints.
(c) Corporation, each officer and director of the corporation must
submit his fingerprints.
(d) Sole proprietorship, that sole proprietor must submit his
fingerprints.
2. In addition to the requirements of subsection 1, the applicant
shall submit with his application a list containing each employee, agent,
independent contractor, consultant, guardian, personal representative,
lender or holder of indebtedness of the applicant. The Board may require
any person on the applicant’s list to submit a complete set of his
fingerprints to the Board if the Board determines that the person has the
power to exercise significant influence over the operation of the
applicant as a licensed wholesaler. The fingerprints must be submitted
with written permission authorizing the Board to forward the fingerprints
to the Central Repository for Nevada Records of Criminal History for
submission to the Federal Bureau of Investigation for its report. The
provisions of this subsection do not apply to a:
(a) Lender or holder of indebtedness of an applicant who is a
commercial bank, bank holding company, subsidiary or affiliate of a bank
holding company, personal property broker, consumer finance lender,
commercial finance lender or insurer, or any other person engaged in the
business of extending credit, who is regulated by an officer or agency of
the State or the Federal Government.
(b) Common motor carrier or other delivery service that delivers a
drug at the direction of a manufacturer.
3. The Board may issue a provisional license to an applicant
pending receipt of the reports from the Federal Bureau of Investigation
if the Board determines that the applicant is otherwise qualified.
4. An applicant who is issued a license by the Board shall not
allow a person who is required to submit his fingerprints pursuant to
subsection 2 to act in any capacity in which he exercises significant
influence over the operation of the wholesaler if the:
(a) Person does not submit a complete set of his fingerprints in
accordance with subsection 2; or
(b) Report of the criminal history of the person indicates that he
has been convicted of, or entered a plea of guilty or nolo contendere to,
a felony or offense involving moral turpitude or related to the
qualifications, functions or duties of that person in connection with the
operation of the wholesaler.
5. The Board shall not issue a license to an applicant if the
requirements of this section are not satisfied.
(Added to NRS by 2005, 1608 )
1. On an annual basis, each licensed wholesaler shall submit to
the Board an updated list of each employee, agent, independent
contractor, consultant, guardian, personal representative, lender or
holder of indebtedness of the wholesaler who is employed by or otherwise
contracts with the wholesaler for the provision of services in connection
with the operation of the licensee as a wholesaler. Any changes to the
list must be submitted to the Board not later than 30 days after the
change is made.
2. If a person identified on an updated list of the wholesaler is
employed by or otherwise contracts with the wholesaler after the
wholesaler is issued a license and that person did not submit his
fingerprints pursuant to NRS 639.500 ,
the Board may require that person to submit a complete set of his
fingerprints to the Board if the Board determines that the person has the
power to exercise significant influence over the operation of the
licensee as a wholesaler. The fingerprints must be submitted within 30
days after being requested to do so by the Board and must include written
permission authorizing the Board to forward the fingerprints to the
Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report. The provisions of
this subsection do not apply to a:
(a) Lender or holder of indebtedness of a wholesaler who is a
commercial bank, bank holding company, subsidiary or affiliate of a bank
holding company, personal property broker, consumer finance lender,
commercial finance lender or insurer, or any other person engaged in the
business of extending credit, who is regulated by an officer or agency of
the State or the Federal Government.
(b) Common motor carrier or other delivery service that delivers a
drug at the direction of a manufacturer.
3. A wholesaler shall not allow a person who is required to submit
his fingerprints pursuant to subsection 2 to act in any capacity in which
he exercises significant influence over the operation of the wholesaler
if the:
(a) Person does not submit a complete set of his fingerprints in
accordance with subsection 2; or
(b) Report of the criminal history of the person indicates that he
has been convicted of, or entered a plea of guilty or nolo contendere to,
a felony or offense involving moral turpitude or related to
qualifications, functions or duties of that person in connection with the
operation of the wholesaler.
(Added to NRS by 2005, 1609 )
The Board shall implement and maintain reasonable security measures to
protect the information obtained by the Board pursuant to NRS 639.500
and all other information related to an
application for a license to engage in wholesale distribution to protect
the information from unauthorized access, acquisition, destruction, use,
modification or disclosure. The provisions of this section do not
prohibit the Board from disclosing and providing such information to
other state and federal agencies involved in the regulation of
prescription drugs to the extent deemed necessary by the Board.
(Added to NRS by 2005, 1609 )
1. Except as otherwise provided in this subsection, before the
Board issues a license to engage in the wholesale distribution of
prescription drugs, the applicant shall file with the Board a bond in an
amount not less than $25,000 and not more than $100,000, as determined by
the Board, executed by the applicant as principal, and by a corporation
qualified under the laws of this State as surety, payable to this State
and conditioned upon the compliance with the requirements of this chapter
applicable to wholesalers. An applicant that is a publicly traded
corporation is not required to file a bond or other security pursuant to
this section.
2. In lieu of the bond required pursuant to subsection 1, an
applicant may deposit with the Board a like amount of lawful money of the
United States or any other form of security authorized by NRS 100.065
. If security is provided in the form of
a savings certificate, certificate of deposit or investment certificate,
the certificate must state that the amount is not available for
withdrawal except upon order of the Board.
3. The Board may, by agreement with a wholesaler who has been
licensed with the Board for 5 consecutive years or more, allow a
reduction in the amount of the bond or other security as provided in
subsections 1 and 2, if the wholesaler has conducted business in
accordance with the applicable provisions of this chapter for the
immediately preceding 5 years, but no bond may be in an amount less than
$5,000. The Board may at any time thereafter require the licensee to
increase the amount of the bond or other security if evidence is
presented to the Board supporting this requirement.
4. The purpose of the bond and other security required by this
section is to secure payment of any fines imposed by the Board pursuant
to NRS 639.255 and any costs incurred
by the Board regarding the license of a wholesaler that are imposed
pursuant to NRS 622.400 or 622.410
which the licensee fails to pay within
30 days after the fines or costs become due and payable. The Board may
make a claim against a bond or other security pursuant to this subsection
until 1 year after the license ceases to be valid or until 60 days after
any administrative proceeding against the licensee conducted pursuant to
NRS 639.241 to 639.2576 , inclusive, is concluded.
5. Except as otherwise provided in this subsection, before
renewing a license to engage in wholesale distribution, the Board shall
require the licensee to file with the Board satisfactory evidence that
his surety bond or other security is in full force. A licensee that is a
publicly traded corporation is not required to maintain a bond or other
security.
6. Failure of an applicant or licensee to file or maintain in full
force the required bond or other security constitutes cause for the Board
to deny, revoke, suspend or refuse to renew a license to engage in
wholesale distribution.
7. All money received by the Board pursuant to this section must
be deposited in accordance with NRS 639.081 .
(Added to NRS by 2005, 1610 )
Statement of Prior Sales
As
used in NRS 639.535 to 639.555 , inclusive, unless the context otherwise
requires, “statement of prior sales” or “statement”:
1. Means a statement of prior sales that must be used in a
transaction involving the purchase or sale of a prescription drug by a
wholesaler, if required; and
2. Is synonymous with the term “Statement Identifying Prior Sales
of Prescription Drugs by Wholesalers Required by the Prescription Drug
Marketing Act.”
(Added to NRS by 2005, 1611 )
1. The Board shall ensure the safe and efficient operation of
wholesalers and the integrity and propriety of transactions involving the
purchase and sale of prescription drugs by wholesalers, including,
without limitation, ensuring:
(a) The circumstances and conditions under which a wholesaler must
prepare, deliver, acquire and maintain a statement of prior sales
regarding a transaction involving the purchase or sale of a prescription
drug;
(b) The form and contents of a statement of prior sales; and
(c) The process and procedures for verifying and certifying that
the information contained in a statement of prior sales is complete and
accurate.
2. In ensuring the circumstances and conditions under which a
wholesaler must prepare, deliver, acquire and maintain a statement of
prior sales regarding a transaction involving the purchase or sale of a
prescription drug, the Board shall consider:
(a) The need for verification to ensure that the transaction is a
bona fide transaction pursuant to NRS 639.595 ; and
(b) The level of risk the transaction poses to public health and
safety, including, without limitation, the potential that the transaction
may involve the sale or purchase of a prescription drug that is:
(1) Counterfeit;
(2) Deemed to be adulterated or misbranded in accordance
with the provisions of chapter 585 of NRS;
(3) Mislabeled;
(4) Damaged or compromised by improper handling, storage or
temperature control;
(5) From a foreign or unlawful source; or
(6) Manufactured, packaged, labeled or shipped in violation
of any state or federal law relating to prescription drugs.
3. If a statement of prior sales is required for a transaction
involving the purchase or sale of a prescription drug by a wholesaler,
the statement:
(a) Must include the signature of the wholesaler or his designated
representative certifying that the information contained in the statement
is complete and accurate; and
(b) Except as otherwise provided in subsection 4, must be:
(1) In written or electronic form, if the transaction occurs
before January 1, 2007; and
(2) In electronic form, if the transaction occurs on or
after January 1, 2007.
4. The Board may extend the date for compliance with the
requirement that the statement of prior sales must be in electronic form
if the Board determines that the technology to provide such a statement
in electronic form is not reasonably available or that the licensed
wholesalers in this State otherwise require additional time to carry out
the requirements of an electronic form. If the Board extends the deadline
pursuant to this subsection, the Board shall ensure that all licensed
wholesalers in this State are provided adequate notice of the extension.
(Added to NRS by 2005, 1611 )
If a statement of prior
sales indicates that more than three prior sales of a prescription drug
have occurred, including, without limitation, a sale involving an
authorized distributor of record, a person who is licensed to engage in
wholesale distribution pursuant to this chapter shall not sell that
prescription drug to another wholesaler.
(Added to NRS by 2005, 1612 )
A person who is licensed to engage in
wholesale distribution pursuant to this chapter is guilty of a category C
felony and shall be punished as provided in NRS 193.130 if, with the intent to defraud or deceive, he:
1. Fails to deliver to another person a complete and accurate
statement of prior sales for a prescription drug, if such a statement is
required, before selling or otherwise transferring the drug to that
person.
2. Fails to acquire a complete and accurate statement of prior
sales for a prescription drug, if such a statement is required, before
obtaining the drug from another person.
3. Falsely swears or certifies that the information in a statement
of prior sales is accurate and complete.
(Added to NRS by 2005, 1612 )
A person who is licensed to
engage in wholesale distribution pursuant to this chapter is guilty of a
category C felony and shall be punished as provided in NRS 193.130 if he knowingly:
1. Destroys, alters, conceals or fails to maintain a complete and
accurate statement of prior sales for each prescription drug in his
possession for wholesale distribution if such a statement is required.
2. Fails to authenticate information contained in a statement of
prior sales for a prescription drug, if such a statement is required, and
distributes or attempts to distribute that prescription drug.
3. Forges, counterfeits or falsely creates a statement of prior
sales.
4. Makes a false representation or assertion of any factual matter
contained in a statement of prior sales.
5. Fails to record material information required to be recorded in
a statement of prior sales.
(Added to NRS by 2005, 1612 )
Business Practices
A person who
is licensed to engage in wholesale distribution pursuant to this chapter
shall maintain the following information, updated annually, concerning
each wholesaler from whom the licensee purchases a prescription drug or
to whom the licensee sells a prescription drug:
1. A list that identifies each state in which the wholesaler is
domiciled and each state into which the wholesaler ships prescription
drugs.
2. Copies of each state and federal regulatory license and
registration held by the wholesaler, including, without limitation, the
numbers accompanying each license and registration.
3. Copies of formation documents, business licenses and other
documents related to the company of the wholesaler and its operations.
4. Copies of the wholesaler’s most recent site inspection report
by state or federal agencies.
5. If the licensee receives a prescription drug from the
wholesaler, a copy of the wholesaler’s product liability insurance policy
that includes the licensee as an additional insured for at least
$1,000,000.
6. A list that includes the name and address of:
(a) If the wholesaler is a partnership, limited-liability
partnership or limited-liability corporation, the partners or
shareholders, as applicable.
(b) If the wholesaler is a private corporation, the officers,
directors and shareholders.
(c) If the wholesaler is a public corporation, the officers and
directors.
7. Evidence of due diligence in accordance with NRS 639.580 .
8. A copy of the wholesaler’s policy or procedure for internal
operations, including, without limitation, the procedures related to
handling counterfeit, misbranded or adulterated prescription drugs.
9. A listing of all manufacturers with whom the wholesaler claims
status as an authorized distributor of record and the applicable account
numbers.
(Added to NRS by 2005, 1613 )
1. A person who is licensed to engage in wholesale distribution
pursuant to this chapter shall maintain the following evidence regarding
due diligence concerning each wholesaler with whom the licensee does
business in accordance with any applicable requirements of the Fair
Credit Reporting Act, 15 U.S.C. §§ 1681 et seq.:
(a) A copy of the driver’s license of:
(1) If the wholesaler is a sole proprietor, the owner.
(2) If the wholesaler is a partnership, limited-liability
partnership or limited-liability corporation, each partner or
shareholder, as applicable.
(3) If the wholesaler is a private corporation, each officer
and director.
(b) Proof that the licensee has checked to determine if civil or
criminal litigation or both exists against the company, its owners,
partners, officers or directors and whether any disciplinary action has
been taken or is pending against the company, its owners, partners,
officers or directors by a state or federal agency.
2. A person who is licensed to engage in wholesale distribution
pursuant to this chapter shall not maintain a business relationship with
any company if any of the owners, partners, officers or directors have
been convicted of a felony related to the wholesale distribution of
prescription drugs.
(Added to NRS by 2005, 1613 )
1. A person who is licensed to engage in wholesale distribution
pursuant to this chapter shall, within 30 days after beginning a business
relationship with another wholesaler, conduct an on-site inspection of
each facility of the wholesaler to verify that the wholesaler complies
with federal requirements for the storage of prescription drugs and the
operation of the facilities where prescription drugs are stored.
2. After the date of the inspection pursuant to subsection 1, the
licensee shall conduct an on-site inspection biannually.
3. Each on-site inspection conducted pursuant to this section must
include:
(a) An assessment of the authority, training and experience of
persons who are responsible for receiving, inspecting, storing, handling
and shipping prescription drugs at the facility;
(b) An assessment of the operational conditions of each facility of
the wholesaler, including, without limitation, security, climate control
and cleanliness;
(c) An assessment of compliance with:
(1) The Federal Prescription Drug Marketing Act;
(2) Appropriate recordkeeping measures;
(3) The Drug Enforcement Administration recordkeeping
requirements if the wholesaler maintains a federal controlled substance
registration; and
(4) Temperature monitoring and documentation requirements;
and
(d) An assessment of the procedures of the wholesaler for detecting
adulterated, misbranded or counterfeit prescription drugs.
4. For each inspection pursuant to this section, the licensee
shall obtain and maintain the signature of the appropriate representative
of the wholesaler verifying the accuracy of the inspection.
5. Each licensee shall enter into an agreement with each
wholesaler with whom the licensee enters into a business relationship
providing that the wholesaler will comply with all applicable federal and
state laws and regulations relating to the purchase and sale of
prescription drugs and requiring the wholesaler to notify the licensee of
any material change regarding the integrity or legal status of
prescription drugs received by the licensee or any other material change
regarding the legal status of the wholesaler.
(Added to NRS by 2005, 1614 )
A person
who is licensed to engage in wholesale distribution pursuant to this
chapter shall certify a claim by another wholesaler that the wholesaler
is an authorized distributor of record from whom the licensee purchases a
prescription drug. Such certification includes a statement signed by a
representative of the wholesaler certifying the claim that the wholesaler
is an authorized distributor of record for a specified manufacturer and:
1. A copy of the written agreement currently in effect with the
manufacturer;
2. A copy of a letter from the manufacturer endorsing the
wholesaler as an authorized distributor of record;
3. Copies of applicable invoices from the manufacturer
demonstrating the purchase by the wholesaler of at least 1,000 sales
units of prescription drugs from the manufacturer within the 12 months
immediately preceding the current month;
4. Copies of applicable invoices from the manufacturer from each
of the previous 12 months;
5. Copies of applicable invoices from the manufacturer specific to
the given transaction; or
6. Verification from the manufacturer’s website that the
wholesaler is an authorized distributor of record.
(Added to NRS by 2005, 1614 )
1. A wholesaler may sell a prescription drug only if the sale is a
bona fide transaction.
2. A wholesaler may purchase a prescription drug only from:
(a) A manufacturer;
(b) A pharmacy or practitioner if that pharmacy or practitioner
maintains a valid license in the State in which the pharmacy or
practitioner is domiciled; or
(c) Another wholesaler if:
(1) The wholesaler who sells the drug is licensed by the
Board; and
(2) The sale is a bona fide transaction.
3. A wholesaler may receive a prescription drug from a pharmacy or
practitioner only if the wholesaler does not pay the pharmacy or
practitioner an amount, either in cash or credit, that is more than the
price for which the wholesaler sells such prescription drugs to other
pharmacies or practitioners at the time of return and:
(a) The prescription drug was originally shipped to the pharmacy or
practitioner by the wholesaler; or
(b) The prescription drug could not be returned by the pharmacy or
practitioner to the original wholesaler.
Ê If a wholesaler receives a prescription drug pursuant to this
subsection and the wholesaler subsequently sells the prescription drug to
another wholesaler, the prescription drug must be accompanied by a
statement of prior sales as defined in NRS 639.535 .
4. The Board shall not limit the quantity of prescription drugs a
wholesaler may purchase, sell, distribute or otherwise provide to another
wholesaler, distributor or manufacturer.
5. For the purposes of this section:
(a) A purchase shall be deemed a bona fide transaction if:
(1) The wholesaler purchased the drug:
(I) Directly from the manufacturer of the drug; or
(II) With a reasonable belief that the drug was
originally purchased directly from the manufacturer of the drug;
(2) The circumstances of the purchase reasonably indicate
that the drug was not purchased from a source prohibited by law;
(3) Unless the drug is purchased by the wholesaler from the
manufacturer, before the wholesaler sells the drug to another wholesaler,
the wholesaler who sells the drug conducts a reasonable visual
examination of the drug to ensure that the drug is not:
(I) Counterfeit;
(II) Deemed to be adulterated or misbranded in
accordance with the provisions of chapter 585
of NRS;
(III) Mislabeled;
(IV) Damaged or compromised by improper handling,
storage or temperature control;
(V) From a foreign or unlawful source; or
(VI) Manufactured, packaged, labeled or shipped in
violation of any state or federal law relating to prescription drugs;
(4) The drug is shipped directly from the wholesaler who
sells the drug to the wholesaler who purchases the drug; and
(5) The documents of the shipping company concerning the
shipping of the drug are attached to the invoice for the drug and are
maintained in the records of the wholesaler.
(b) A sale shall be deemed a bona fide transaction if the
wholesaler sells the prescription drug only to:
(1) A pharmacy or practitioner if that pharmacy or
practitioner maintains a valid license in the state in which the pharmacy
or practitioner is domiciled.
(2) Another wholesaler who maintains a valid license in the
state in which he is domiciled if the wholesaler who sells the
prescription drug has complied with NRS 639.575 , 639.580 and
639.585 .
(c) The purchase or sale of a prescription drug includes, without
limitation, the distribution, transfer, trading, bartering or any other
provision of a prescription drug to another person by a wholesaler. A
transfer of a prescription drug from a wholesale facility of a wholesaler
to another wholesale facility of the wholesaler shall not be deemed a
purchase or sale of a prescription drug pursuant to this section if the
wholesaler is a corporation whose securities are publicly traded and
regulated by the Securities Exchange Act of 1934.
(Added to NRS by 2003, 2278 ; A 2005, 1618 )—(Substituted in revision for NRS
639.2615)
