2005 Nevada Revised Statutes - Chapter 454 — Poisons; Dangerous Drugs and Hypodermics

CHAPTER 454 - POISONS; DANGEROUS DRUGS ANDHYPODERMICS

GENERAL PROVISIONS

NRS 454.001 Definitions.

NRS 454.0015 Advancedpractitioner of nursing defined.

NRS 454.002 Authorizedofficers of the law defined.

NRS 454.003 Boarddefined.

NRS 454.0041 Chartorder defined.

NRS 454.005 Chemicaldefined.

NRS 454.0053 Compoundand compounding defined.

NRS 454.0058 Filldefined.

NRS 454.006 Furnishdefined.

NRS 454.007 Hospitaldefined.

NRS 454.009 Hypodermicsdefined.

NRS 454.00905 Institutionalpharmacy defined.

NRS 454.00911 Laboratorydefined.

NRS 454.0092 Manufacturerdefined.

NRS 454.00922 Medicalintern defined.

NRS 454.0094 Pharmacydefined.

NRS 454.00945 Pharmacyin a correctional institution defined.

NRS 454.0095 Physician,dentist, podiatric physician, optometrist, veterinarian and pharmacistdefined.

NRS 454.00958 Practitionerdefined.

NRS 454.00961 Prescriptiondefined.

NRS 454.00973 Publichealth program defined.

NRS 454.00976 Refilldefined.

NRS 454.00978 Ultimateuser defined.

NRS 454.0098 Wholesalerdefined.

POISONS

Definitions

NRS 454.010 Poisondefined.

 

Regulation of Sale

NRS 454.020 Poisonsenumerated in Schedules A, B and C in NRS454.010 may not be sold unless warning label affixed to package.

NRS 454.030 Requirementsfor sale or delivery of poison listed in Schedule A or B.

NRS 454.040 Fictitiousname or false representations to seller or dealer prohibited.

NRS 454.045 Sale or delivery of poison listed in Schedule B only by registered pharmacist.

NRS 454.050 Bookof transactions concerning poison: Contents; when entry required; exceptions.

NRS 454.060 Bookof transactions concerning poison: Form and preservation.

NRS 454.080 Englishlanguage to be used in book and on label or package; additional entry inforeign language permissible.

NRS 454.090 Sale of poison listed in Schedule A exempt from registration.

 

Administration

NRS 454.110 Additionalrestrictions on sale of poison; adoption of regulations by Board.

NRS 454.130 Telephonenumber of poison control center to be available at pharmacies.

NRS 454.150 Agentsfor enforcement; access for inspection.

NRS 454.160 Districtattorney to conduct actions and prosecutions.

NRS 454.170 Penalty.

DANGEROUS DRUGS AND HYPODERMIC DEVICES

Dangerous Drugs

NRS 454.181 Applicationof definitions.

NRS 454.191 Administerdefined.

NRS 454.201 Dangerousdrug defined.

NRS 454.211 Dispensedefined.

NRS 454.213 Authorityto possess and administer dangerous drug.

NRS 454.215 Authorityto dispense dangerous drugs.

NRS 454.221 Furnishingdangerous drug without prescription prohibited; penalty; exceptions.

NRS 454.223 Prescriptionto be written on prescription blank or chart of patient; contents.

NRS 454.231 Pharmacistto fill or refill prescription for use only by person to whom prescriptionoriginally issued.

NRS 454.286 Records:Maintenance; retention; inspection; penalty.

NRS 454.291 Stockof dangerous drugs and records open to inspection; penalty.

NRS 454.296 Immunityfrom prosecution of employees of Board and peace officers.

NRS 454.301 Conditionsunder which practitioner or veterinarian may furnish drugs without prescription.

NRS 454.306 Useof minor as agent; unlawful furnishing of dangerous drug to minor; penalty.

NRS 454.311 Fraudulentpossession of dangerous drug or prescription; false or altered prescription;penalty.

NRS 454.316 Possessionof dangerous drug without prescription unlawful; penalties; exceptions.

NRS 454.321 Unlawfuldispensing or furnishing of dangerous drug; penalty.

NRS 454.323 Sale or distribution of product containing toluene to person less than 18 years of age.

NRS 454.326 Misrepresentationby use of telephone to obtain dangerous drug; penalty.

NRS 454.341 Unlawfulpossession or sale of nasal inhaler; exception.

NRS 454.346 Useor possession with intent to use drug, chemical, poison or organic solvent toinduce euphoria or hallucinations unlawful; exception.

NRS 454.351 Drugswhich may not be introduced into interstate commerce; penalty; exemptions.

NRS 454.356 Penaltyfor violation.

NRS 454.358 Feefor analysis of dangerous drug included in sentence; distribution of moneycollected; limitations on use of money.

NRS 454.361 Convictionfor violation of provision concerning dangerous drugs constitutes grounds forsuspension or revocation of professional license.

NRS 454.366 Administrationand enforcement by Board.

NRS 454.371 Limitationson furnishing dangerous drug; adoption of regulations by Board; penalties.

 

Hypodermic Devices

NRS 454.480 Requirementsfor sale with or without prescription.

NRS 454.500 Regulationof sale of hypodermic devices other than hypodermic needles or syringes.

NRS 454.510 Unlawfulpossession of hypodermic device.

NRS 454.520 Misuseof hypodermic device; penalty.

NRS 454.530 Obtainingpossession of hypodermic device by forged or fictitious name or fraudulentmisrepresentation; penalty.

 

Enforcement

NRS 454.534 Burdenof proving exception or exemption.

NRS 454.535 Amountof drug needed to sustain conviction for prohibited offense.

MISCELLANEOUS PROVISIONS

NRS 454.680 Applicabilityto certain products.

NRS 454.695 Prescriptionsby advanced practitioners of nursing.

NRS 454.710 Injunctions.

_________

GENERAL PROVISIONS

NRS 454.001 Definitions. As used in this chapter, the words and terms defined in NRS 454.0015 to 454.0098, inclusive, have the meaningsascribed to them in those sections, unless a different meaning clearly appearsin the context.

(Added to NRS by 1967, 1635; A 1977, 187; 1979, 1674;1987, 952, 1656; 1991, 794, 1955)

NRS 454.0015 Advancedpractitioner of nursing defined. Advancedpractitioner of nursing means a registered nurse who holds a valid certificateof recognition as an advanced practitioner of nursing issued by the State Boardof Nursing.

(Added to NRS by 1991, 794)

NRS 454.002 Authorizedofficers of the law defined. Authorized officersof the law means:

1. Peace officers;

2. Members, investigators and inspectors of the Board;

3. Inspectors of the Food and Drug Administration; and

4. Commissioners and agents appointed as provided in chapter 585 of NRS for the enforcement of theNevada Food, Drug and Cosmetic Act.

(Added to NRS by 1967, 1635)

NRS 454.003 Boarddefined. Board means the State Board of Pharmacy.

(Added to NRS by 1967, 1635)

NRS 454.0041 Chartorder defined. Chart order means an order enteredon the chart of a patient:

1. In a hospital, facility for intermediate care orfacility for skilled nursing which is licensed as such by the Health Divisionof the Department of Health and Human Services; or

2. Under emergency treatment in a hospital by apractitioner or on the written or oral order of a practitioner authorizing theadministration of a drug to the patient.

(Added to NRS by 1973, 1196; A 1979, 1674; 1985,1751)

NRS 454.005 Chemicaldefined. Chemical includes all chemicals intended,designed and labeled for use in the cure, treatment, mitigation or preventionof disease in man or other animals.

(Added to NRS by 1967, 1635)

NRS 454.0053 Compoundand compounding defined. Compound orcompounding means to form or make up a composite product by combining two ormore different ingredients.

(Added to NRS by 1979, 1681)

NRS 454.0058 Filldefined. Fill means the counting, measuring,compounding, pouring, packaging and labeling required to prepare a drug foreither direct or indirect delivery to a patient.

(Added to NRS by 1979, 1681)

NRS 454.006 Furnishdefined. Furnish means to supply by anymeans, by sale or otherwise.

(Added to NRS by 1967, 1635)

NRS 454.007 Hospitaldefined. Hospital means any institution,place, building or agency which is licensed by the Department of Health andHuman Services as a hospital and which operates facilities for the care andtreatment of human illness or other abnormal physical or mental conditions onan inpatient basis, including any such facility operated by this State or apolitical subdivision of this State.

(Added to NRS by 1967, 1635; A 1979, 1674; 1987, 952)

NRS 454.009 Hypodermicsdefined. Hypodermics means any syringe,needle, instrument, device or implement intended or capable of being adaptedfor the purpose of administering drugs by subcutaneous, intramuscular orintravenous injection.

(Added to NRS by 1967, 1635)

NRS 454.00905 Institutionalpharmacy defined. Institutional pharmacymeans a pharmacy or other storage place as defined by regulations adopted bythe Board which is a part of or is operated in conjunction with a medicalfacility as that term is defined in NRS449.0151. The term includes:

1. A pharmacy on the premises of the medical facilitywhich 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 facilitywhich provides services only to the patients of the facility and provides asystem of distributing medication based upon chart orders from the medical facility.

(Added to NRS by 1987, 1656; A 1993, 1990)

NRS 454.00911 Laboratorydefined. Laboratory means a research,teaching or testing laboratory not engaged in the sale of drugs but usingdangerous drugs for scientific or teaching purposes.

(Added to NRS by 1973, 1196)

NRS 454.0092 Manufacturerdefined. Manufacturer means a person who:

1. Derives, produces, prepares, compounds, mixes,cultivates, grows or processes any drug;

2. Repackages any drug for the purpose of resale; or

3. Makes, produces or prepares any devices orappliances that are restricted by federal law to sale by or on the order of aphysician.

(Added to NRS by 1967, 1635; A 1971, 2028; 1973,1195; 1993, 636, 1223)

NRS 454.00922 Medicalintern defined. Medical intern means a medicalgraduate acting as an assistant in a hospital for the purpose of clinicaltraining.

(Added to NRS by 1981, 746)

NRS 454.0094 Pharmacydefined.

1. Pharmacy means every store or shop licensed bythe Board where drugs, controlled substances, poisons, medicines or chemicalsare stored or possessed, or dispensed or sold at retail, or displayed for saleat retail, or where prescriptions are compounded or dispensed.

2. Pharmacy includes pharmacies owned or operated bythe State of Nevada and political subdivisions and municipal corporationstherein.

(Added to NRS by 1967, 1636; A 1971, 2028; 1973,1196; 1979, 1674)

NRS 454.00945 Pharmacyin a correctional institution defined. Pharmacyin a correctional institution means a pharmacy or other storage place formedicines, controlled substances and dangerous drugs which is a part of or isoperated in conjunction with a correctional facility, including a jail andfacility for the detention of juveniles.

(Added to NRS by 1987, 1656)

NRS 454.0095 Physician,dentist, podiatric physician, optometrist, veterinarian andpharmacist defined. Physician, dentist,podiatric physician, optometrist, veterinarian and pharmacist meanpersons authorized by a currently valid license to practice their respectiveprofessions in this State.

(Added to NRS by 1967, 1636; A 1969, 347; 1977, 964;1993, 2236; 1995, 1034)

NRS 454.00958 Practitionerdefined. Practitioner means:

1. A physician, dentist, veterinarian or podiatric physicianwho holds a valid license to practice his profession in this State.

2. A pharmacy, hospital or other institution licensedor registered to distribute, dispense, conduct research with respect to or toadminister a dangerous drug in the course of professional practice in thisState.

3. When relating to the prescription of poisons,dangerous drugs and devices:

(a) An advanced practitioner of nursing who holds acertificate from the State Board of Nursing and a certificate from the StateBoard of Pharmacy permitting him so to prescribe; or

(b) A physician assistant who holds a license from theBoard of Medical Examiners and a certificate from the State Board of Pharmacypermitting him so to prescribe.

4. An optometrist who is certified to prescribe andadminister dangerous drugs pursuant to NRS636.288 when he prescribes or administers dangerous drugs which are withinthe scope of his certification.

(Added to NRS by 1979, 1681; A 1983, 1220; 1989,1995; 1991, 794; 1993, 2236; 1995, 1034; 2001, 788)

NRS 454.00961 Prescriptiondefined.

1. Prescription means:

(a) An order given individually for the person for whomprescribed, directly from the practitioner, or his agent, to a pharmacist orindirectly by means of an order signed by the practitioner or an electronictransmission from the practitioner to a pharmacist.

(b) A chart order written for an inpatient specifyingdrugs which he is to take home upon his discharge.

2. Prescription does not include a chart orderwritten for an inpatient for use while he is an inpatient.

(Added to NRS by 1973, 1196; A 1979, 1675; 1983,1515; 1987, 1657; 1991, 1956)

NRS 454.00973 Publichealth program defined. Public health programmeans a program of the government which is:

1. Administered by the officers and agents of:

(a) The Health Division of the Department of Health andHuman Services; or

(b) The local boards of health; and

2. Created to serve the health needs of an entirepolitical subdivision by reducing the incidence and prevalence of a disease,subset of disease or a medical event.

(Added to NRS by 1991, 1955; A 1995, 556)

NRS 454.00976 Refilldefined. Refill means to fill again.

(Added to NRS by 1979, 1681)

NRS 454.00978 Ultimateuser defined. Ultimate user means a personwho lawfully possesses a dangerous drug for his own use or the use of a memberof his household or for administering to any animal owned by him or by a memberof his household. The term includes the guardian of an ultimate user or anyother person authorized in a durable power of attorney to act on the behalf ofthe ultimate user. The term does not include a patient in or an employee of amedical facility, as defined in NRS449.0151, who is not statutorily authorized to administer drugs.

(Added to NRS by 1987, 952; A 1993, 1216; 1995, 556)

NRS 454.0098 Wholesalerdefined. Wholesaler means a wholesaledistributor as defined by 21 C.F.R. 205.3(g) who supplies dangerous drugs orchemicals or devices or appliances that are restricted by federal law to saleby or on the order of a physician to a person other than the consumer orpatient. The term does not include:

1. A person who derives, produces or preparesmedicines, chemicals or devices on sales orders for resale.

2. A nonprofit cooperative agricultural organizationwhich supplies or distributes veterinary drugs and medicines only to its ownmembers.

(Added to NRS by 1967, 1636; A 1971, 2028; 1973,1196; 1991, 1164; 1993, 1223)

POISONS

Definitions

NRS 454.010 Poisondefined. As used in NRS 454.010 to 454.170, inclusive, poison means anysubstance having an inherent deleterious property which when internally orexternally applied to the body of man or animal is capable of causing damage tothe tissues, destroying the action of vital functions of the body or causingdeath, and includes the compositions of the following schedules:

 

Schedule A:

1. Aconite, belladonna, cantharadis and nux vomica.

2. Alkaloids and derivatives.

3. Antiseptic tablets containing corrosive sublimate.

4. Arsenic, its compounds and preparations.

5. Corrosive sublimate.

6. Cyanide of potassium.

7. Hydrocyanic acid.

8. Oils of croton.

9. Phosphorus and its poisonous derivatives orcompounds.

10. Rue and tansy.

11. Sodium fluoracetate and preparations.

12. Strophanthus or its preparations.

13. Strychnine.

14. Zinc phosphide and preparations.

15. All compounds, preparations or products, otherthan cosmetics, which contain any of the following poisons as the primarysolvent or in amounts capable of causing intoxication or harmful physicaleffects if inhaled, absorbed or ingested:

(a) Ethyl acetate.

(b) Isobutyl ketone.

(c) Methyl cellulose acetate.

(d) Methyl ethyl ketone.

(e) Trichlorethylene.

 

Schedule B:

1. Bromides.

2. Chloroform.

3. Cocculus indicus or its preparations.

4. Cowhage.

5. Creosote.

6. Ether.

7. Hydrochloric or muriatic acid.

8. Nitric acid.

9. Oils of savin and pennyroyal.

10. Oxalic acid.

11. Solution of formaldehyde or formalin.

12. Sugar of lead.

13. Sulfate of zinc.

14. Sulfuric acid.

15. Tartar emetic and other derivatives of antimony.

16. Veratrum.

17. Wood alcohol or methanol.

 

Schedule C:

1. Carbon tetrachloride or any preparation in which itis used as the primary solvent.

2. Any preparation or substance which contains any ofthe poisons listed in Schedule A or B in amounts capable of causing harmfulphysical effects if inhaled, absorbed or ingested, when such products orpreparations are intended and designed for agricultural, commercial, economic,industrial or household use, and are labeled in compliance with the provisionsof NRS 454.020 and 454.080.

[Part 7:207:1913; A 1921, 66; NCL 5081](NRS A1959, 66; 1967, 1627; 1993, 636)

Regulation of Sale

NRS 454.020 Poisonsenumerated in Schedules A, B and C in NRS 454.010 may not be sold unlesswarning label affixed to package.

1. It is unlawful for any person to vend, sell, giveaway or furnish, either directly or indirectly, any poisons enumerated inSchedules A, B and C in NRS 454.010without labeling the container, package, box, bottle or paper in which thepoison is contained with:

(a) The name of the article.

(b) The word poison, which shall be printed inboldface type in capital letters not less than twice the size of other type onthe label.

(c) The name and place of business of the person orfirm manufacturing or selling the poison.

(d) The vignette representing the skull and crossbones.

(e) The first aid treatment or antidote approved by theBoard or the American Chemical Manufacturers Association for such poison.

(f) Any supplemental warnings or cautions required byeither state or federal law or by regulations of the Board.

2. The label shall be printed in type that can beclearly read, upon red paper in distinct white letters or in distinct redletters upon white paper.

[Part 1:207:1913; 1919 RL p. 2882; NCL 5075](NRS A1959, 67; 1967, 1628)

NRS 454.030 Requirementsfor sale or delivery of poison listed in Schedule A or B. It is unlawful to vend, sell, deliver or otherwise furnishany of the poisons named in Schedule A or B or any other dangerouslypoisonous drug, chemical or medical substance which may from time to time bedesignated by the Board, unless on inquiry it is found that the person desiringthe same is 18 years of age or older and is aware of its poisonous character,and it satisfactorily appears that it is to be used for a legitimate purpose.

[Part 1:207:1913; 1919 RL p. 2882; NCL 5075](NRS A1967, 1629)

NRS 454.040 Fictitiousname or false representations to seller or dealer prohibited. It is unlawful for any person to give a fictitious name orfalse address or make any false representations to the seller or dealer whenbuying any of the poisons enumerated in Schedule A or the additions thereto.

[Part 1:207:1913; 1919 RL p. 2882; NCL 5075](NRS A1967, 1629)

NRS 454.045 Saleor delivery of poison listed in Schedule B only by registered pharmacist. It is unlawful for any person, other than a registeredpharmacist or an intern pharmacist acting under the direct and immediatesupervision of a registered pharmacist, to vend, sell, furnish or deliver anypoison enumerated in Schedule B of NRS454.010.

(Added to NRS by 1967, 1636; A 1971, 682)

NRS 454.050 Bookof transactions concerning poison: Contents; when entry required; exceptions.

1. It is unlawful to vend, sell, furnish or deliverany poison included in Schedule A, the additions thereto or those enumeratedby regulation of the Board without making or causing to be made, at the time ofthe sale, an entry in a book kept solely for that purpose, stating:

(a) The date of sale.

(b) The name, complete residence or business addressand signature of the purchaser.

(c) The name and quantity of the poison sold.

(d) The statement by the purchaser of the purpose forwhich the poison is required.

(e) The signature of the dispenser, who must be aregistered pharmacist or a registered intern pharmacist acting under the directand immediate supervision of a registered pharmacist.

2. The provisions of this section do not apply whenthe poisons enumerated in Schedule A are used as solvents for glues andcements used in making of models, when sold in single units or containerssimultaneously with or as a part of a kit to be used for the construction ofmodel airplanes, boats, automobiles, trains or other similar models if suchkits have been assembled by a recognized manufacturer of such kits and areadvertised as such.

[Part 1:207:1913; 1919 RL p. 2882; NCL 5075](NRS A1967, 1629; 1971, 682; 1977, 74)

NRS 454.060 Bookof transactions concerning poison: Form and preservation.

1. The poison book shall be in form substantially asfollows:

 

 

Date

Name of

Purchaser

 

Residence

Kind and

Quantity

Purpose

of Use

Signature of

Pharmacist

Signature of

Purchaser

 

2. This book shall always be open for inspection byauthorized officers of the law acting in their official capacity, and shall bepreserved for at least 5 years after the date of the last entry therein.

[Part 1:207:1913; 1919 RL p. 2882; NCL 5075](NRS A1967, 1630)

NRS 454.080 Englishlanguage to be used in book and on label or package; additional entry inforeign language permissible. The entries inthe poison book and the printed or written matter required to be placed on thelabel or the package shall be in the English language, except that the vendorof the poison may enter the same in any foreign language he may desire, inaddition to the entry and label in English.

[Part 3:207:1913; 1919 RL p. 2883; NCL 5077]

NRS 454.090 Saleof poison listed in Schedule A exempt from registration.

1. Dealers, manufacturers and pharmacists are exemptedfrom the registration of the sale of any poison enumerated in Schedule A orthe additions thereto when sold:

(a) To a registered pharmacist or a practitioner;

(b) To a manufacturer or wholesaler;

(c) To a research, teaching or testing laboratory; or

(d) To other established, legitimate users in chemicalor technical arts.

2. The provisions of NRS454.010 to 454.170, inclusive, shallnot apply to the sale of any poison upon the prescriptions of practitioners.

[Part 5:207:1913; 1919 RL p. 2883; NCL 5079](NRS A1967, 1630; 1969, 902; 1979, 1675)

Administration

NRS 454.110 Additionalrestrictions on sale of poison; adoption of regulations by Board. When, in the opinion of the Board, it is in the interestof the public health, the Board is empowered to restrict or prohibit furtherthe retail sale of any poison by regulations not inconsistent with theprovisions of NRS 454.010 to 454.170, inclusive. Such regulations may beadopted by the Board and must be applicable to all persons alike.

[Part 4:207:1913; 1919 RL p. 2883; NCL 5078](NRS A1979, 1675)

NRS 454.130 Telephonenumber of poison control center to be available at pharmacies. Each pharmacy must have available for the information ofthe public the telephone number of the closest poison control center.

[Part 1:207:1913; 1919 RL p. 2882; NCL 5075](NRS A1981, 746)

NRS 454.150 Agentsfor enforcement; access for inspection. The Commissionerand agents appointed as provided in chapter 585of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act aredesignated and constituted agents for the enforcement of NRS 454.010 to 454.170, inclusive, and shall cooperatewith the Board in carrying out the provisions of NRS 454.010 to 454.170, inclusive. For this purpose, theyshall have free access at all times during business hours to all places wheredrugs, medicines or poisons are offered for sale.

[9:207:1913; 1919 RL p. 2886; NCL 5083](NRS A1967, 1631)

NRS 454.160 Districtattorney to conduct actions and prosecutions. Thedistrict attorney of the county wherein any violation of NRS 454.010 to 454.170, inclusive, is committed shallconduct all actions and prosecutions for the same at the request of the Board.

[Part 6:207:1913; A 1915, 119; 1919 RL p. 2883; NCL 5080](NRS A 1967, 1631)

NRS 454.170 Penalty. Any person violating any of the provisions of NRS 454.010 to 454.160, inclusive, shall be guilty of a misdemeanor.

[Part 7:207:1913; A 1921, 66; NCL 5081](NRS A1967, 586)

DANGEROUS DRUGS AND HYPODERMIC DEVICES

Dangerous Drugs

NRS 454.181 Applicationof definitions. Definitions of words and termsin NRS 454.00922, 454.191, 454.201and 454.211 apply only to NRS 454.181 to 454.371, inclusive.

(Added to NRS by 1973, 1196; A 1981, 746; 1987, 1399)

NRS 454.191 Administerdefined. Administer means the direct applicationof a drug or medicine referred to in NRS454.181 to 454.371, inclusive,whether by injection, inhalation, ingestion or any other means, to the body ofa patient or research subject.

(Added to NRS by 1973, 1196; A 1977, 672, 964; 1979,593, 1676)

NRS 454.201 Dangerousdrug defined. Dangerous drug means anydrug, other than a controlled substance, unsafe for self-medication orunsupervised use, and includes the following:

1. Any drug which has been approved by the Food andDrug Administration for general distribution and bears the legend: Caution:Federal law prohibits dispensing without prescription;

2. Procaine hydrochloride with preservatives andstabilizers (Gerovital H3) in injectable doses and amygdalin (laetrile) whichhave been licensed by the State Board of Health for manufacture in this Statebut have not been approved as drugs by the Food and Drug Administration; or

3. Any drug which, pursuant to the Boardsregulations, may be sold only by prescription because the Board has found thosedrugs to be dangerous to public health or safety.

(Added to NRS by 1973, 1197; A 1977, 1645; 1983, 336;1987, 1553)

NRS 454.211 Dispensedefined.

1. Dispense means the furnishing of a dangerous drugin any amount greater than that which is necessary for the present andimmediate needs of the ultimate user.

2. The term does not include the furnishing of adangerous drug by a hospital pharmacy for inpatients.

(Added to NRS by 1973, 1197; A 1977, 673; 1979, 594,1676; 1987, 1657)

NRS 454.213 Authority to possess and administerdangerous drug. A drug or medicine referred toin NRS 454.181 to 454.371, inclusive, may be possessed andadministered by:

1. A practitioner.

2. A physicianassistant at the direction of his supervising physician or a licensed dentalhygienist acting in the office of and under the supervision of a dentist.

3. Except asotherwise provided in subsection 4, a registered nurse licensed to practiceprofessional nursing or licensed practical nurse, at the direction of a prescribingphysician, physician assistant, dentist, podiatric physician or advanced practitionerof nursing, or pursuant to a chart order, for administration to a patient atanother location.

4. Inaccordance with applicable regulations of the Board, a registered nurselicensed to practice professional nursing or licensed practical nurse who is:

(a) Employed bya health care agency or health care facility that is authorized to provideemergency care, or to respond to the immediate needs of a patient, in theresidence of the patient; and

(b) Actingunder the direction of the medical director of that agency or facility whoworks in this State.

5. Anintermediate emergency medical technician or an advanced emergency medicaltechnician, as authorized by regulation of the State Board of Pharmacy and inaccordance with any applicable regulations of:

(a) The StateBoard of Health in a county whose population is less than 100,000;

(b) A countyboard of health in a county whose population is 100,000 or more; or

(c) A districtboard of health created pursuant to NRS439.362 or 439.370 in any county.

6. Arespiratory therapist employed in a health care facility. The therapist maypossess and administer respiratory products only at the direction of aphysician.

7. A dialysistechnician, under the direction or supervision of a physician or registerednurse only if the drug or medicine is used for the process of renal dialysis.

8. A medicalstudent or student nurse in the course of his studies at an approved college ofmedicine or school of professional or practical nursing, at the direction of aphysician and:

(a) In thepresence of a physician or a registered nurse; or

(b) Under thesupervision of a physician or a registered nurse if the student is authorizedby the college or school to administer the drug or medicine outside thepresence of a physician or nurse.

A medical student or student nursemay administer a dangerous drug in the presence or under the supervision of aregistered nurse alone only if the circumstances are such that the registerednurse would be authorized to administer it personally.

9. Any persondesignated by the head of a correctional institution.

10. Anultimate user or any person designated by the ultimate user pursuant to awritten agreement.

11. A nuclearmedicine technologist, at the direction of a physician and in accordance withany conditions established by regulation of the Board.

12. Aradiologic technologist, at the direction of a physician and in accordance withany conditions established by regulation of the Board.

13. Achiropractic physician, but only if the drug or medicine is a topical drug usedfor cooling and stretching external tissue during therapeutic treatments.

14. A physicaltherapist, but only if the drug or medicine is a topical drug which is:

(a) Used forcooling and stretching external tissue during therapeutic treatments; and

(b) Prescribedby a licensed physician for:

(1) Iontophoresis;or

(2) Thetransmission of drugs through the skin using ultrasound.

15. Inaccordance with applicable regulations of the State Board of Health, an employeeof a residential facility for groups, as defined in NRS 449.017, pursuant to a writtenagreement entered into by the ultimate user.

16. Aveterinary technician at the direction of his supervising veterinarian.

17. Inaccordance with applicable regulations of the Board, a registered pharmacistwho:

(a) Is trainedin and certified to carry out standards and practices for immunizationprograms;

(b) Isauthorized to administer immunizations pursuant to written protocols from aphysician; and

(c) Administers immunizations in compliance with theStandards of Immunization Practices recommended and approved by the UnitedStates Public Health Service Advisory Committee on Immunization Practices.

18. A person who is enrolled in a training program tobecome a physician assistant, dental hygienist, intermediate emergency medicaltechnician, advanced emergency medical technician, respiratory therapist,dialysis technician, nuclear medicine technologist, radiologic technologist,physical therapist or veterinary technician if the person possesses andadministers the drug or medicine in the same manner and under the sameconditions that apply, respectively, to a physician assistant, dental hygienist,intermediate emergency medical technician, advanced emergency medical technician,respiratory therapist, dialysis technician, nuclear medicine technologist,radiologic technologist, physical therapist or veterinary technician who maypossess and administer the drug or medicine, and under the direct supervisionof a person licensed or registered to perform the respective medical art or asupervisor of such a person.

(Added to NRS by 1979, 1682; A 1981, 60, 746; 1983,1221, 1515, 1937; 1987, 952, 1657, 2215; 1989, 749; 1991, 1956; 1993, 1216,2839; 1995, 725, 1691; 1999,2720; 2001, 2, 789, 792; 2003, 2296; 2005, 2476)

NRS 454.215 Authorityto dispense dangerous drugs. A dangerous drugmay be dispensed by:

1. A registered pharmacist upon the legal prescriptionfrom a practitioner or to a pharmacy in a correctional institution upon thewritten order of the prescribing practitioner in charge;

2. A pharmacy in a correctional institution, in caseof emergency, upon a written order signed by the chief medical officer;

3. A practitioner, or a physician assistant ifauthorized by the Board;

4. A registered nurse, when the nurse is engaged inthe performance of any public health program approved by the Board;

5. A medical intern in the course of his internship;

6. An advanced practitioner of nursing who holds acertificate from the State Board of Nursing and a certificate from the StateBoard of Pharmacy permitting him to dispense dangerous drugs;

7. A registered nurse employed at an institution ofthe Department of Corrections to an offender in that institution;

8. A registered pharmacist from an institutional pharmacypursuant to regulations adopted by the Board; or

9. A registered nurse to a patient at a rural clinicthat is designated as such pursuant to NRS433.233 and that is operated by the Division of Mental Health and DevelopmentalServices of the Department of Health and Human Services if the nurse isproviding mental health services at the rural clinic,

except thatno person may dispense a dangerous drug in violation of a regulation adopted bythe Board.

(Added to NRS by 1979, 1682; A 1981, 747; 1983, 1516;1987, 807, 1583, 1658; 1989, 915; 1991, 794; 2001, 790; 2001 Special Session,242; 2003, 1017)

NRS 454.221 Furnishingdangerous drug without prescription prohibited; penalty; exceptions.

1. A person who furnishes any dangerous drug exceptupon the prescription of a practitioner is guilty of a category D felony andshall be punished as provided in NRS 193.130,unless the dangerous drug was obtained originally by a legal prescription.

2. The provisions of this section do not apply to thefurnishing of any dangerous drug by:

(a) A practitioner to his patients;

(b) A physician assistant if authorized by the Board;

(c) A registered nurse while participating in a publichealth program approved by the Board, or an advanced practitioner of nursingwho holds a certificate from the State Board of Nursing and a certificate fromthe State Board of Pharmacy permitting him to dispense dangerous drugs;

(d) A manufacturer or wholesaler or pharmacy to eachother or to a practitioner or to a laboratory under records of sales andpurchases that correctly give the date, the names and addresses of the supplierand the buyer, the drug and its quantity;

(e) A hospital pharmacy or a pharmacy so designated bya county health officer in a county whose population is 100,000 or more, or bya district health officer in any county within its jurisdiction or, in theabsence of either, by the State Health Officer or his designated MedicalDirector of Emergency Medical Services, to a person or agency described insubsection 3 of NRS 639.268 to stockambulances or other authorized vehicles or replenish the stock; or

(f) A pharmacy in a correctional institution to aperson designated by the Director of the Department of Corrections toadminister a lethal injection to a person who has been sentenced to death.

(Added to NRS by 1973, 1197; A 1975, 354; 1977, 673,938; 1979, 594, 1676; 1981, 747; 1983, 453, 1938; 1985, 887, 1701; 1987, 1658;1989, 1126; 1991, 795; 1993, 451, 2841; 1995, 301, 1292, 1329; 2001, 791; 2001 Special Session,242)

NRS 454.223 Prescriptionto be written on prescription blank or chart of patient; contents.

1. Each prescription for a dangerous drug must bewritten on a prescription blank or as an order on the chart of a patient. Achart of a patient may be used to order multiple prescriptions for thatpatient.

2. A written prescription must contain:

(a) The name of the practitioner, his signature if theprescription was not transmitted orally and his address if not immediatelyavailable to the pharmacist;

(b) The classification of his license;

(c) The name of the patient, and his address if notimmediately available to the pharmacist;

(d) The name, strength and quantity of the drug ordrugs prescribed;

(e) Directions for use; and

(f) The date of issue.

3. Directions for use must be specific in that theymust 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 orcanal of the body into which the medication is to be inserted or injected.

(Added to NRS by 1979, 1682; A 1981, 748; 1983, 1516;1985, 887; 1987, 1659)

NRS 454.231 Pharmacistto fill or refill prescription for use only by person to whom prescriptionoriginally issued. No pharmacist shallknowingly fill or refill any prescription for a dangerous drug for use by anyperson other than the one for whom the prescription was originally issued.

(Added to NRS by 1973, 1197)

NRS 454.286 Records:Maintenance; retention; inspection; penalty.

1. Every retail pharmacy, hospital or any practitionerwho engages in the practice of dispensing or furnishing drugs to patients shallmaintain a complete and accurate record of all dangerous drugs purchased andthose sold on prescription, dispensed, furnished or disposed of otherwise.

2. The records must be retained for a period of 2years and must be open to inspection by members, inspectors or investigators ofthe Board or inspectors of the Food and Drug Administration.

3. Invoices showing all purchases of dangerous drugsconstitute a complete record of all dangerous drugs received.

4. For the purpose of this section, the prescriptionfiles of a pharmacy constitute a record of the disposition of all dangerousdrugs.

5. A person who violates any provision of this sectionis guilty of a misdemeanor.

(Added to NRS by 1973, 1198; A 1979, 1678; 1981, 748;1987, 1034; 1989, 1000, 1126; 1991, 1165; 1995, 302)

NRS 454.291 Stockof dangerous drugs and records open to inspection; penalty.

1. All stock and records of purchase and dispositionof any dangerous drug of a wholesaler, pharmacy, practitioner, hospital, laboratoryor a nonprofit cooperative agriculture organization which supplies anddistributes drugs and medicines only to its members are at all times, duringbusiness hours, open to inspection by agents, assistants, members andinspectors of the Board, inspectors of the Food and Drug Administration, andagents and commissioners appointed pursuant to chapter585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act.The records must be preserved for at least 2 years after the date of making.

2. Any person who fails, neglects or refuses tomaintain those records or who, when called upon by an authorized officer toproduce those records, fails, neglects or refuses to produce them, or whowillfully produces or furnishes records which are false, is guilty of amisdemeanor.

(Added to NRS by 1973, 1198; A 1979, 1678; 1981, 748;1989, 1127; 1995, 302)

NRS 454.296 Immunityfrom prosecution of employees of Board and peace officers. All agents, assistants and inspectors of the Board andpeace officers, while investigating violations of NRS 454.181 to 454.371, inclusive, in performance of theirofficial duties, and any person working under their immediate direction,supervision or instruction are immune from prosecution under NRS 454.181 to 454.371, inclusive.

(Added to NRS by 1973, 1198)

NRS 454.301 Conditionsunder which practitioner or veterinarian may furnish drugs withoutprescription.

1. Except as otherwise provided in subsection 2, apractitioner who dispenses drugs and who personally furnishes his own patientswith such drugs as are necessary in the treatment of the condition for which heattends a patient shall not do so without writing a prescription unless thedrugs so furnished are:

(a) Not charged for, either separately or together withcharges for other professional services, and the practitioner keeps accuraterecords, as required by NRS 454.286, ofall drugs so furnished;

(b) Clearly labeled with the date, the name and addressof the furnisher, the name of the patient, the directions for use, the name andstrength and the expiration date of the effectiveness of the drug, if thatinformation is required on the original label of the manufacturer of that drug;and

(c) Not dispensed or furnished:

(1) By a nurse or attendant; or

(2) In violation of a regulation adopted by theBoard.

2. A veterinarian may furnish multiple doses of drugs,necessary for the treatment of large animals, to ranchers or dealers inlivestock for use solely in the treatment of livestock on the premises of therancher or dealer, and when furnishing those drugs the veterinarian is notrequired to comply with the provisions of subsection 1, except for subparagraph(2) of paragraph (c).

(Added to NRS by 1973, 1199; A 1979, 1678; 1981, 749;1987, 807; 1989, 1127)

NRS 454.306 Useof minor as agent; unlawful furnishing of dangerous drug to minor; penalty. A person who violates any provision of NRS 454.181 to 454.371, inclusive, by use of a minor as anagent or by unlawfully furnishing any dangerous drug to a minor is guilty of acategory B felony and shall be punished by imprisonment in the state prison fora minimum term of not less than 5 years and a maximum term of not more than 20years, or by a fine of not more than $20,000, or by both fine and imprisonment.

(Added to NRS by 1973, 1200; A 1979, 1475; 1995,1292)

NRS 454.311 Fraudulentpossession of dangerous drug or prescription; false or altered prescription;penalty.

1. A person, other than a peace officer or inspectorof the Board in the performance of his official duty, who knowingly orintentionally obtains or attempts to obtain possession of a dangerous drug or aprescription for a dangerous drug by misrepresentation, fraud, forgery,deception, subterfuge or alteration is guilty of a category E felony and shallbe punished as provided in NRS 193.130.

2. A person who knowingly has in his possession anyfalse, fictitious, forged or altered prescription for a dangerous drug isguilty of a category E felony and shall be punished as provided in NRS 193.130.

3. A person who knowingly:

(a) Receives any dangerous drug from, or has in hispossession or under his control any dangerous drug obtained by, another personas a result of any forged, false, fictitious or altered prescription; or

(b) Fills a prescription which is not genuine,

is guilty ofa category E felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1973, 1200; A 1981, 1967; 1985, 153,888; 1995, 1292)

NRS 454.316 Possessionof dangerous drug without prescription unlawful; penalties; exceptions.

1. Except as otherwise provided in this section, aperson who possesses a dangerous drug, except that furnished to him by apharmacist pursuant to a legal prescription or by a practitioner, is guilty ofa gross misdemeanor. A person who has been twice previously convicted of anyoffense:

(a) Described in this section; or

(b) Pursuant to any other law of the United States orthis or any other state or district which if committed in this State would havebeen punishable as an offense under this section,

is guilty ofa category E felony and shall be punished as provided in NRS 193.130.

2. A prescription is not required for possession of adangerous drug by a person authorized by NRS454.213, any other person or class of persons approved by the Boardpursuant to regulation, jobbers, wholesalers, manufacturers or laboratoriesauthorized by laws of this State to handle, possess and deal in dangerous drugsif the drugs are in stock containers properly labeled and have been procuredfrom a manufacturer, wholesaler or pharmacy, or by a rancher who possesses adangerous drug in a reasonable amount for use solely in the treatment oflivestock on his own premises.

(Added to NRS by 1973, 1200; A 1979, 953, 1679; 1987,2216; 1991, 795, 1958; 1995, 1035, 1293, 1340)

NRS 454.321 Unlawfuldispensing or furnishing of dangerous drug; penalty. Anyperson who dispenses or furnishes or permits the dispensing or furnishing ofany dangerous drug in violation of NRS454.301 is guilty of a gross misdemeanor.

(Added to NRS by 1973, 1200; A 1985, 889)

NRS 454.323 Saleor distribution of product containing toluene to person less than 18 years ofage.

1. Except as provided in subsection 3, any person whosells or gives aerosol paint, glue or cement containing toluene to a person whois less than 18 years of age is guilty of a gross misdemeanor.

2. The court shall suspend for a period of 1 year thebusiness license of a person who knowingly violates any provision of thissection after having been previously convicted of a violation of this sectionunless he can demonstrate that he attempted in good faith to comply with thissection.

3. The provisions of this section do not apply to thesale of:

(a) Gasoline or other fuel for motor vehicles;

(b) Aerosol paint, glue or cement containing less thanthe minimum amount of toluene which is subject to the requirements for speciallabeling established pursuant to the Federal Hazardous Substances Act, 15U.S.C. 1261 et seq., as it exists on June 30, 1983; or

(c) Glue or cement which is included in a kit used forthe construction of model airplanes, automobiles, boats or trains or which isused in connection with another hobby.

(Added to NRS by 1983, 242)

NRS 454.326 Misrepresentationby use of telephone to obtain dangerous drug; penalty.A person who, in order to obtain any dangerous drug, falsely representshimself in a telephone conversation with a pharmacist to be a physician orother person who can lawfully prescribe such drugs or to be acting on behalf ofa person who can lawfully prescribe drugs:

1. For the first offense, is guilty of a misdemeanor.

2. For any subsequent offense, is guilty of a categoryE felony and shall be punished as provided in NRS193.130.

(Added to NRS by 1973, 1201; A 1979, 1476; 1995,1293)

NRS 454.341 Unlawfulpossession or sale of nasal inhaler; exception. Itis unlawful for any person within this State to possess, sell, offer to sell orhold for the purpose of sale or resale any nasal inhaler which contains anydrug capable of causing stimulation to the central nervous system unless:

1. The product contains a denaturant in sufficientquantity to render it unfit for internal use; and

2. The product is among such products listed asapproved for sale without restriction by the Board in the regulationsofficially adopted by the Board.

(Added to NRS by 1973, 1201)

NRS 454.346 Useor possession with intent to use drug, chemical, poison or organic solvent toinduce euphoria or hallucinations unlawful; exception.

1. Any person who inhales, ingests, applies orotherwise uses or possesses with the intent to inhale, ingest, apply orotherwise use any drug, chemical, poison or organic solvent, or any compound orcombination of any drug, chemical, poison or organic solvent, in any mannercontrary to the directions for use, cautions or warnings appearing on the labelthereof, in order to create or induce a condition of intoxication, euphoria,hallucination or elation, or to change, distort or disturb his eyesight,thinking processes, balance or coordination or to affect his central nervoussystem is guilty of a misdemeanor.

2. The provisions of this section do not apply to aperson who uses or intends to use any drug, chemical, poison or organic solventfor medicinal purposes under the supervision of a physician, when the drug,chemical, poison or organic solvent is used or intended for use in keeping withthe directions for use as given by the physician.

(Added to NRS by 1973, 75; A 1983, 242)

NRS 454.351 Drugswhich may not be introduced into interstate commerce; penalty; exemptions.

1. Any person within this State who possesses,procures, obtains, processes, produces, derives, manufactures, sells, offersfor sale, gives away or otherwise furnishes any drug which may not be lawfullyintroduced into interstate commerce under the Federal Food, Drug and CosmeticAct is guilty of a misdemeanor.

2. The provisions of this section do not apply:

(a) To physicians licensed to practice in this Statewho have been authorized by the Food and Drug Administration to possessexperimental drugs for the purpose of conducting research to evaluate theeffectiveness of such drugs and who maintain complete and accurate records ofthe use of such drugs and submit clinical reports as required by the Food andDrug Administration.

(b) To any substance which has been licensed by theState Board of Health for manufacture in this State but has not been approvedas a drug by the Food and Drug Administration. The exemption granted in thisparagraph does not grant authority to transport such a substance out of thisState.

(Added to NRS by 1973, 1201; A 1981, 749)

NRS 454.356 Penaltyfor violation. Except as otherwisespecifically provided, every person who violates any provision of NRS 454.181 to 454.371, inclusive, is guilty of amisdemeanor.

(Added to NRS by 1973, 1201)

NRS 454.358 Feefor analysis of dangerous drug included in sentence; distribution of moneycollected; limitations on use of money.

1. When a defendant pleads guilty to or is foundguilty of any violation of this chapter and an analysis of a dangerous drug wasperformed in relation to his case, the justice or judge shall include in thesentence the sum of $50 as a fee for the analysis of the dangerous drug.

2. The money collected for such an analysis must notbe deducted from the fine imposed by the justice or judge, but must be taxedagainst the defendant in addition to the fine. The money collected for such ananalysis must be stated separately on the courts docket and must be includedin the amount posted for bail. If the defendant is found not guilty or thecharges are dropped, the money deposited with the court must be returned to thedefendant.

3. The money collected pursuant to subsection 1 inmunicipal court must be paid by the clerk of the court to the county treasureron or before the fifth day of each month for the preceding month.

4. The money collected pursuant to subsection 1 inJustice Courts must be paid by the clerk of the court to the county treasureron or before the fifth day of each month for the preceding month.

5. The board of county commissioners of each countyshall by ordinance, before September 1, 1987, create in the county treasury afund to be designated as the fund for forensic services. Upon receipt, thecounty treasurer shall deposit any fee for the analyses of dangerous drugs inthe fund.

6. In counties which receive forensic services under acontract with the State, any money in the fund for forensic services must bepaid monthly by the county treasurer to the State Treasurer for deposit in theState General Fund, after retaining 2 percent of the money to cover hisadministrative expenses.

7. In counties which do not receive forensic servicesunder a contract with the State, money in the fund for forensic services mustbe expended, except as otherwise provided in this subsection:

(a) To pay for the analyses of dangerous drugsperformed in connection with criminal investigations within the county;

(b) To purchase and maintain equipment to conduct theseanalyses; and

(c) For the training and continuing education of theemployees who conduct these analyses.

Money fromthe fund must not be expended to cover the costs of analyses conducted by,equipment used by or training for employees of an analytical laboratory notregistered with the Drug Enforcement Administration of the United States Departmentof Justice.

(Added to NRS by 1987, 1398; A 1995, 2469; 2003, 1488)

NRS 454.361 Convictionfor violation of provision concerning dangerous drugs constitutes grounds forsuspension or revocation of professional license. Aconviction of the violation of any of the provisions of NRS 454.181 to 454.371, inclusive, constitutes grounds forthe suspension or revocation of any license issued to such person pursuant tothe provisions of chapters 630, 631, 633, 635, 636, 638 or 639 ofNRS.

(Added to NRS by 1973, 1201; A 1995, 1035)

NRS 454.366 Administrationand enforcement by Board. The Board shalladminister and enforce NRS 454.181 to 454.371, inclusive.

(Added to NRS by 1973, 1201)

NRS 454.371 Limitationson furnishing dangerous drug; adoption of regulations by Board; penalties.

1. If the Board finds any drug to be dangerous to thepublic health or safety, it may adopt a regulation not inconsistent with NRS 454.181 to 454.371, inclusive, limiting or restrictingthe furnishing or dispensing of the drug.

2. A violation of such a regulation must be punishedin the same manner as provided in NRS454.306 to 454.356, inclusive.

(Added to NRS by 1973, 1201; A 1977, 74; 1987, 807)

Hypodermic Devices

NRS 454.480 Requirementsfor sale with or without prescription.

1. Hypodermic devices which are not restricted byfederal law to sale by or on the order of a physician may be sold by apharmacist, or by a person in a pharmacy under the direction of a pharmacist,on the prescription of a physician, dentist or veterinarian, or of an advancedpractitioner of nursing who is a practitioner. Those prescriptions must befiled as required by NRS 639.236, andmay be refilled as authorized by the prescriber. Records of refilling must bemaintained as required by NRS 639.2393to 639.2397, inclusive.

2. Hypodermic devices which are not restricted byfederal law to sale by or on the order of a physician may be sold withoutprescription for the following purposes:

(a) For use in the treatment of persons having asthmaor diabetes.

(b) For use in injecting intramuscular or subcutaneousmedications prescribed by a practitioner for the treatment of human beings.

(c) For use in an ambulance or by a fire-fightingagency for which a permit is held pursuant to NRS 450B.200 or 450B.210.

(d) For the injection of drugs in animals or poultry.

(e) For commercial or industrial use or use by jewelersor other merchants having need for those devices in the conduct of theirbusiness, or by hobbyists if the seller is satisfied that the device will beused for legitimate purposes.

(f) For use by funeral directors and embalmers,licensed medical technicians or technologists, or research laboratories.

(Added to NRS by 1967, 1639; A 1971, 2028; 1973,1202; 1983, 454, 1221; 1985, 1702; 1991, 796; 1993, 1223; 1995, 302)

NRS 454.500 Regulationof sale of hypodermic devices other than hypodermic needles or syringes. The Board shall establish, by regulation, the type ofdevices other than hypodermic needles and syringes that must be sold incompliance with the provisions of NRS454.480 to 454.530, inclusive.

(Added to NRS by 1967, 1640; A 1977, 74; 1993, 1224)

NRS 454.510 Unlawfulpossession of hypodermic device. It isunlawful for any person to have in his possession or under his control anyhypodermic device unless he has acquired possession of such device in accordancewith the provisions of NRS 454.480 to 454.530, inclusive.

(Added to NRS by 1967, 1640; A 1993, 1224)

NRS 454.520 Misuseof hypodermic device; penalty. Any person whohas lawfully obtained a hypodermic device, as provided by NRS 454.480 to 454.530, inclusive, and uses, permits orcauses, directly or indirectly, such a device to be used for any purpose otherthan that for which it was purchased is guilty of a misdemeanor.

(Added to NRS by 1967, 1640; A 1993, 1224)

NRS 454.530 Obtainingpossession of hypodermic device by forged or fictitious name or fraudulentmisrepresentation; penalty. Any person whoobtains possession of any hypodermic device by a fraudulent representation, aforged or fictitious name, or in violation of the provisions of NRS 454.480 to 454.530, inclusive, is guilty of a grossmisdemeanor.

(Added to NRS by 1967, 1640; A 1981, 1967; 1993,1224)

Enforcement

NRS 454.534 Burdenof proving exception or exemption. In any complaint,information or indictment and in any action or proceeding brought for theenforcement of any provision of NRS 454.181to 454.530, inclusive, it is not necessaryto negate any exception, excuse, proviso or exemption contained in NRS 454.181 to 454.530, inclusive, and the burden of proofof any such exception, excuse, proviso or exemption is upon the defendant.

(Added to NRS by 1969, 283; A 1971, 2029; 1973, 1202;1983, 243)

NRS 454.535 Amountof drug needed to sustain conviction for prohibited offense. The amount of a drug needed to sustain a conviction of aperson for an offense prohibited by NRS 454.181to 454.371, inclusive, is that amountnecessary for identification as such drug by a witness qualified to make suchidentification for the prosecution and a witness qualified to make suchidentification for the defense.

(Added to NRS by 1971, 359; A 1973, 1202)

MISCELLANEOUS PROVISIONS

NRS 454.680 Applicabilityto certain products. This chapter does not applyto:

1. Except as otherwise provided in NRS 454.323, products subject to the provisionsof the Federal Hazardous Substances Act, 15 U.S.C. 1261 et seq.; and

2. Products registered under the Federal Insecticide,Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq.,

as the actsexist, respectively, on June 30, 1983.

(Added to NRS by 1967, 1631; A 1983, 243)

NRS 454.695 Prescriptionsby advanced practitioners of nursing.

1. An advanced practitioner of nursing may prescribepoisons, dangerous drugs and devices for legitimate medical purposes inaccordance with:

(a) The certificates he holds from the Board and theState Board of Nursing; and

(b) The protocol which is approved by the State Boardof Nursing.

2. For the purposes of this section, protocol meansthe written agreement between a physician and an advanced practitioner ofnursing which sets forth matters including the:

(a) Patients which the advanced practitioner of nursingmay serve;

(b) Specific poisons, dangerous drugs and devices whichthe advanced practitioner of nursing may prescribe; and

(c) Conditions under which the advanced practitioner ofnursing must directly refer the patient to the physician.

(Added to NRS by 1983, 1220; A 1991, 797)

NRS 454.710 Injunctions. The Board may bring an action to enjoin any act whichwould be in violation of the provisions of this chapter. Such action must becommenced in the district court for the county in which the act is to occur andmust be in conformity with Rule 65 of the Nevada Rules of Civil Procedure,except that the Board is not required to allege facts necessary to show ortending to show lack of adequate remedy at law or irreparable damage or loss.The action must be brought in the name of the State of Nevada.

(Added to NRS by 1979, 1681)

 

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