2005 Nevada Revised Statutes - Chapter 639 — Pharmacists and Pharmacy

CHAPTER 639 - PHARMACISTS AND PHARMACY

GENERAL PROVISIONS

NRS 639.001 Definitions.

NRS 639.0015 Advancedpractitioner of nursing defined.

NRS 639.002 Boarddefined.

NRS 639.003 Certificatedefined.

NRS 639.004 Chartorder defined.

NRS 639.005 Chemicaldefined.

NRS 639.0053 Compoundand compounding defined.

NRS 639.006 Convictiondefined.

NRS 639.0065 Dispensedefined.

NRS 639.007 Drugand medicine defined.

NRS 639.0071 Drugsample defined.

NRS 639.0073 Filldefined.

NRS 639.0074 Hospitaldefined.

NRS 639.008 Hypodermicsdefined.

NRS 639.0085 Institutionalpharmacy defined.

NRS 639.0086 Internpharmacist defined.

NRS 639.00865 Internetpharmacy defined.

NRS 639.0087 Managingpharmacist defined.

NRS 639.009 Manufacturerdefined.

NRS 639.0095 Nuclearpharmacist defined.

NRS 639.0097 Nuclearpharmacy defined.

NRS 639.0105 Parenteralsolutions and parenterals defined.

NRS 639.0113 Pharmaceuticaltechnician defined.

NRS 639.0115 Pharmaceuticaltechnician in training defined.

NRS 639.012 Pharmacydefined.

NRS 639.0123 Pharmacyin a correctional institution defined.

NRS 639.0124 Practiceof pharmacy defined.

NRS 639.0125 Practitionerdefined.

NRS 639.013 Prescriptiondefined.

NRS 639.0143 Radiopharmaceuticaldefined.

NRS 639.0145 Refilldefined.

NRS 639.015 Registeredpharmacist defined.

NRS 639.0155 Wholesaledistribution defined.

NRS 639.016 Wholesalerdefined.

STATE BOARD OF PHARMACY

NRS 639.020 Creation;number and appointment of members.

NRS 639.030 Qualificationand terms of members; oath; vacancies; grounds for removal from office.

NRS 639.040 Officersof Board: Election of President and Treasurer; employment, duties andcompensation of Executive Secretary.

NRS 639.050 Meetings;quorum; compensation of members and employees.

NRS 639.060 Biennialreport to Governor.

NRS 639.063 Annualreport concerning drugs returned or transferred to pharmacies from certainfacilities and institutions and reissued to fill other prescriptions.

NRS 639.065 Annualreport concerning immunizations administered by pharmacists.

NRS 639.067 Postingof information relating to pharmaceutical manufacturers on website.

NRS 639.070 Generalpowers.

NRS 639.071 Regulations:Institutional pharmacies.

NRS 639.072 Regulations:Correctional institutions.

NRS 639.0725 Regulations:Internet pharmacies.

NRS 639.073 Regulations:Restricting sale of drugs except under supervision of registered pharmacist.

NRS 639.074 Regulations:Registered nurses who participate in certain public health programs or providecertain mental health services.

NRS 639.0745 Regulations:Transfer, security and exchange of information relating to prescriptions.

NRS 639.075 Fiscalyear.

NRS 639.081 Depositand use of money received by Board; delegation of authority to takedisciplinary action; deposit of fines imposed by Board; claims for attorneysfees and costs of investigation.

NRS 639.090 Enforcementof chapter.

NRS 639.093 Communicationwith other public agencies; immunity.

NRS 639.095 Boardto furnish free copies of law and regulations.

NRS 639.097 Injunctiverelief available to Board.

CERTIFICATES, LICENSES AND PERMITS

NRS 639.100 Unlawfulto manufacture, engage in wholesale distribution, compound, sell or dispensedrug, poison, medicine or chemical; exceptions; application for license.

NRS 639.120 Qualificationsof applicants to become registered pharmacists.

NRS 639.127 Applicationfor registration as pharmacist; payment of fee; proof of qualifications; periodof validity; issuance of certificate of registration.

NRS 639.128 Applicationto include social security number of applicant. [Repealed.]

NRS 639.129 Paymentof child support: Submission of certain information by applicant; grounds fordenial of certificate or license; duty of Board. [Effective until the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 639.129 Paymentof child support: Submission of certain information by applicant; grounds fordenial of certificate or license; duty of Board. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings andexpires by limitation 2 years after that date.]

NRS 639.130 Reexamination.

NRS 639.134 Registrationof pharmacist without examination; reciprocity.

NRS 639.137 Registrationof intern pharmacists: Qualifications; application; issuance of certificate ofregistration; period of validity of certificate; authorized activities; groundsfor suspension, termination or revocation.

NRS 639.1371 Pharmaceuticaltechnicians: Number permitted; qualifications and registration; authorizedactivities; regulations.

NRS 639.1373 Physicianassistant and osteopathic physicians assistant: Authority regardingpossession, administration, prescription and dispensing of controlledsubstances, poisons, dangerous drugs and devices; registration; regulations.

NRS 639.1375 Advancedpractitioners of nursing: Authority to dispense controlled substances, poisons,dangerous drugs and devices; registration; regulations.

NRS 639.138 Denialof application: Notice.

NRS 639.139 Denialof application: Procedure for reconsideration.

NRS 639.150 Displayof certificates, licenses and permits.

NRS 639.160 Noticeof new place of practice.

NRS 639.170 Scheduleof fees.

NRS 639.180 Expirationof certificates, licenses and permits; procedure for renewal; automaticforfeiture for failure to comply with procedure.

NRS 639.190 Issuanceof certificate of registration after forfeiture.

NRS 639.200 Issuanceof duplicate certificates and receipts for renewal.

NRS 639.210 Groundsfor suspension or revocation of certificate, license, registration or permit ordenial of application.

NRS 639.2107 Surrender,revocation or suspension by licensing board or Drug Enforcement Administration:Immediate suspension of certificate, license or registration.

NRS 639.211 Mentalillness: Immediate suspension of right to practice.

NRS 639.212 Mentalillness: Reinstatement of suspended certificate, license, registration orpermit; procedure for reinstatement.

NRS 639.2121 Convictionof certain felonies: Immediate suspension of certificate, license, registrationor permit; reinstatement.

NRS 639.2122 Corporations:Denial, suspension and revocation of certificates, licenses and permits.

PROFESSIONAL CONDUCT

NRS 639.213 Legislativedeclaration.

NRS 639.215 Rules.

CONTINUING PROFESSIONAL EDUCATION

NRS 639.2171 Legislativefindings and declaration.

NRS 639.2172 Definitions.

NRS 639.2174 Completionof program prerequisite to renewal of certificate.

NRS 639.2176 Regulations.

PHARMACIES

NRS 639.220 Registeredpharmacist to be in charge of pharmacy; exceptions; managing pharmacists.

NRS 639.230 Licenses:Operation without license prohibited; conditions and limitations on issuance oflicense; duties upon change of partners or corporate officers; additionalrequirement for renewal; grounds for suspension or revocation; certain Canadianpharmacies not prohibited from providing prescription drugs through mail orderservice.

NRS 639.231 Applicationfor and issuance of license.

NRS 639.232 Limitationson issuance of licenses.

NRS 639.2321 Nuclearpharmacy: Direct supervision of preparation and distribution of radiopharmaceuticalsrequired; qualifications of managing pharmacist; nuclear pharmacist required onpremises.

NRS 639.2322 Nuclearpharmacy: Oral orders; prohibition on refill of prescription forradiopharmaceutical.

NRS 639.2324 Institutionalpharmacies: Requirements for operation.

NRS 639.2326 Pharmaciesin correctional institutions: Supervision by prescribing practitioner orlicensed pharmacy; security; records.

NRS 639.2327 Maintenanceof stocks of drugs by certain facilities.

NRS 639.23275 Deliveryof controlled substance or dangerous drug to hospital, facility forintermediate care or facility for skilled nursing which does not have pharmacyon premises.

NRS 639.23279 Pharmacylocated outside Nevada that provides mail order service to a resident ofNevada defined.

NRS 639.2328 Pharmacylocated outside Nevada: Licensing; requirements; notice of licensing ofCanadian pharmacy; recommendation that licensed Canadian pharmacy be includedon website.

NRS 639.23282 Pharmacylocated outside Nevada: Considerations required by Board before issuinglicense.

NRS 639.23284 Pharmacylocated outside Nevada: Requirements to provide mail order service;restrictions on Canadian pharmacies.

NRS 639.23286 Pharmacylocated outside Nevada: Substitution of drug; toll-free telephone service.

NRS 639.23288 Internetpharmacy: Certification required; regulations; list of approved Internetpharmacies.

LICENSING OF PERSONS ENGAGED IN BUSINESS OF FURNISHING DRUGS,DEVICES OR APPLIANCES

NRS 639.233 Licenserequired.

NRS 639.234 Records:Consent to inspection; copying and removal; duty to furnish copies upon demand;designation of out-of-state representative of Board; administrative penalties.

NRS 639.2345 Saleof veterinary drugs: Permit required; regulations; exemption.

PRESCRIPTIONS

NRS 639.235 Personsauthorized to prescribe and write prescriptions; procedure for filling certainprescriptions written by persons not licensed in this State.

NRS 639.23505 Conditionsand limitations on practitioner dispensing controlled substances or dangerousdrugs.

NRS 639.2351 Prescriptionby advanced practitioner of nursing; certification by State Board of Pharmacy.

NRS 639.2353 Transmissionof prescription to pharmacist; contents of written prescription; specificdirections for use; requirements for written prescription; authentication ofprescription given by electronic transmission.

NRS 639.2355 Practitionerliable for prescription transmitted by agent.

NRS 639.2357 Transferof prescription to another pharmacist upon request of patient.

NRS 639.236 Numberingand filing of prescriptions; inspection of files.

NRS 639.238 Prescriptionsnot public records; pharmacists not to divulge contents; exceptions; procedurefor providing copy of prescription to authorized persons and other pharmacists.

NRS 639.239 Removalof original prescriptions from file; substitution of copies.

REFILLING OF PRESCRIPTIONS

NRS 639.2392 Controlledsubstance or dangerous drug: Records.

NRS 639.2393 Controlledsubstance or dangerous drug: Limitations.

NRS 639.2394 Controlledsubstance or dangerous drug: Exercise of judgment by pharmacist.

NRS 639.2396 Specificauthorization.

NRS 639.2397 Rescissionof authorization.

ADMINISTRATIVE PROCEEDINGS

NRS 639.241 Accusation:Form, contents and signature.

NRS 639.242 Serviceon respondent of copies of accusation, statement and forms for Notice ofDefense.

NRS 639.243 Statementto Respondent: Contents.

NRS 639.244 Noticeof Defense: Form; effect of failure to file.

NRS 639.2445 Physicalor mental examination of holder of certificate believed to be incompetent;competency hearing; probation for use of alcohol or drugs.

NRS 639.245 Noticeof hearing.

NRS 639.246 Subpoenas.

NRS 639.247 Hearing:Procedure.

NRS 639.248 Hearing:Use of hearsay evidence.

NRS 639.2485 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records; disclosure of certain informationrelating to dangerous drugs and controlled substances; duties of Board uponrequest or subpoena for records or information.

NRS 639.249 Contempt.

NRS 639.251 Decision;order.

NRS 639.252 Rehearing.

NRS 639.253 Orderfollowing rehearing.

NRS 639.2535 Judicialreview.

NRS 639.255 Authorizeddisciplinary action; judicial review of such action; fines; private reprimandsprohibited; orders imposing discipline deemed public records.

NRS 639.2555 Suspensionof certificate or license for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of certificate or license.[Expires by limitation 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 639.256 Automaticrestoration of suspended certificate, license or permit.

NRS 639.2565 Reinstatementof certificate suspended for incompetency.

NRS 639.257 Reinstatementof revoked certificate, license or permit.

NRS 639.2575 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; appeals.

NRS 639.2576 Immunityfrom civil action for assisting administrative proceeding.

REGULATION OF TRADE PRACTICES

Substitution of Generic Drugs for Drugs Prescribed by Brand Name

NRS 639.2583 Generalrequirements governing substitution; procedure; limitations; applicability.

NRS 639.2587 Nameof manufacturer, packer or distributor to be noted on prescription.

NRS 639.2588 Manufacturersproduct identification code to be on certain dispensed tablets and capsules.

NRS 639.2589 Formfor prescription; substitution in certain facilities; prescriptions ordered onpatients chart.

NRS 639.259 Whenpharmacist not required to dispense specific generic drug.

NRS 639.2595 Liabilityof pharmacist or practitioner.

NRS 639.2597 Useof list of biologically equivalent drugs.

Transactions Involving Wholesalers

NRS 639.2615 Generalrequirements for wholesaler to sell or purchase prescription drug; Boardprohibited from limiting quantities in certain transactions involvingwholesaler. [Replaced in revision by NRS639.595.]

Miscellaneous Provisions

NRS 639.263 Falseor misleading advertising.

NRS 639.264 Rebates,refunds and commissions.

NRS 639.265 Pharmacistsmay trade or exchange drugs if necessary for business.

NRS 639.2655 Useof computerized mechanical equipment to perform act required to be performed bypharmacist.

NRS 639.266 Communicationof information to patient or person caring for him.

NRS 639.267 Returnof unused drugs packaged in unit doses.

NRS 639.2675 Returnof unused drugs dispensed by pharmacy to offender in correctional institution.

NRS 639.268 Purchaseof controlled substances, poisons, dangerous drugs and devices by practitioner;sale of controlled substances or dangerous drugs to persons or agencies whichprovide emergency care; records; regulations.

NRS 639.270 Salesby grocers and dealers.

NRS 639.275 Computeror other electronic device provided to practitioner by pharmacy or insurer.

NRS 639.2801 Requirementsfor labeling containers for prescribed drugs.

NRS 639.2802 Availabilityof information concerning prices of prescriptions.

NRS 639.28025 Noticeof availability of list of prices for drugs and professional services to beposted.

NRS 639.2803 Dispensingspecific drugs when choice of drugs available.

NRS 639.2804 Fillingprescriptions for amygdalin and procaine hydrochloride.

NRS 639.2805 Substanceslicensed for manufacture in Nevada: Filling prescriptions; labeling ofcontainers.

NRS 639.2806 Parenteralsolutions: Limitation on sale and dispensing.

NRS 639.2807 Parenteralsolutions: Compounding; regulation by Board.

UNLAWFUL ACTS AND PENALTIES

NRS 639.281 Falserepresentations.

NRS 639.2813 Falserepresentation as practitioner or agent; unauthorized transmission of order forprescription by agent.

NRS 639.2815 Fraudulentor excessive charge or claim under program of public assistance; penalty.

NRS 639.282 Unlawfulpossession or sale of certain pharmaceutical preparations, drugs or chemicals;destruction.

NRS 639.2825 Unlawfulto dispense or fit contact lens; exception.

NRS 639.283 Useof intoxicating liquor, depressant drug or controlled substance while on dutyprohibited; penalty.

NRS 639.284 Unlawfuldispensing and sales.

NRS 639.2845 Sellingor dispensing of procaine hydrochloride.

NRS 639.285 Unlawfulsales by unlicensed persons.

NRS 639.286 Violationof Boards regulations.

NRS 639.287 Failureto furnish information concerning employees; false information; penalty.

NRS 639.288 Unlawfulsales by wholesalers and manufacturers.

NRS 639.300 Recoveryof penalties; conduct of actions and prosecutions by district attorney.

NRS 639.310 Penalty.

WHOLESALERS AND WHOLESALE DISTRIBUTION

Additional Licensing Requirements

NRS 639.500 Submissionof fingerprints and information concerning certain persons associated withwholesaler; issuance of provisional license; prohibitions.

NRS 639.505 Submissionof updated information concerning certain persons associated with wholesaler;submission of additional fingerprints; prohibitions.

NRS 639.510 Protectionof certain information obtained by Board.

NRS 639.515 Bondor other form of security required; exceptions.

Statement of Prior Sales

NRS 639.535 Statementof prior sales or statement defined.

NRS 639.540 Dutiesof Board; requirements concerning use, form and contents of statement.

NRS 639.545 Prohibitedtransactions.

NRS 639.550 Unlawfulacts.

NRS 639.555 Additionalunlawful acts.

Business Practices

NRS 639.575 Informationregarding other wholesalers.

NRS 639.580 Evidenceregarding due diligence; prohibited business relationships.

NRS 639.585 On-siteinspections; agreements with other wholesalers.

NRS 639.590 Certificationregarding other wholesalers.

NRS 639.595 Transactionsinvolving prescription drugs.

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GENERAL PROVISIONS

NRS 639.001 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS639.0015 to 639.016, inclusive, havethe 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)

NRS 639.0015 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, 791)

NRS 639.002 Boarddefined. Board means the State Board of Pharmacy.

(Added to NRS by 1967, 1651)

NRS 639.003 Certificatedefined. Certificate, unless otherwise indicated,means a certificate of registration as a pharmacist in this State.

(Added to NRS by 1967, 1651)

NRS 639.004 Chartorder defined. Chart order means an orderentered on the chart of a patient in a hospital, facility for intermediate careor facility for skilled nursing which is licensed as such by the HealthDivision of the Department of Health and Human Services or on the chart of apatient under emergency treatment in a hospital by a practitioner or on thewritten or oral order of a practitioner authorizing the administration of adrug to the patient.

(Added to NRS by 1967, 1651; A 1971, 683; 1973, 774;1979, 1683; 1985, 1768)

NRS 639.005 Chemicaldefined. Chemical means 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, 1651)

NRS 639.0053 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, 1696)

NRS 639.006 Convictiondefined. Conviction means a plea or verdictof guilty or a conviction following a plea of nolo contendere to a charge of afelony, any offense involving moral turpitude or any violation of theprovisions of this chapter or chapter 453 or 454 of NRS.

(Added to NRS by 1967, 1651; A 1971, 2039; 1995,2477; 2003, 1499)

NRS 639.0065 Dispensedefined.

1. Dispense means to deliver a controlled substanceor dangerous drug to an ultimate user, patient or subject of research by orpursuant to the lawful order of a practitioner, including the prescribing by apractitioner, administering, packaging, labeling or compounding necessary toprepare the substance for that delivery.

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

(Added to NRS by 1995, 287)

NRS 639.007 Drugand medicine defined. Drug and medicinemean:

1. Articles recognized in the official United StatesPharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, orofficial National Formulary, or any supplement to any of them;

2. Articles and devices intended for use in thediagnosis, cure, mitigation, treatment or prevention of disease in man or otheranimals;

3. Articles, other than food, aspirin and effervescentsaline analgesics, intended to affect the structure or any function of the bodyof man or other animals;

4. Articles intended for use as a component of anyarticle 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)

NRS 639.0071 Drugsample defined. Drug sample means a unit ofa drug that is not to be sold and is used to promote the sale of the drug.

(Added to NRS by 1991, 1155)

NRS 639.0073 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, 1696)

NRS 639.0074 Hospitaldefined. Hospital means any facility whichis licensed by the Department of Health and Human Services as a hospital andwhich provides care and treatment for human illness or other abnormal physicalor mental conditions on an inpatient basis, including any such facilityoperated by this State or a political subdivision of this State.

(Added to NRS by 1987, 948)

NRS 639.008 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, 1651)

NRS 639.0085 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 thefacility, 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 1983, 1504; A 1987, 1649; 1993,1989)

NRS 639.0086 Internpharmacist defined. Intern pharmacist meansa person registered with and issued a certificate of registration by the Boardas an intern pharmacist pursuant to NRS639.137.

(Added to NRS by 1993, 630; A 1999, 239)

NRS 639.00865 Internetpharmacy defined.

1. Internet pharmacy means a person located withinor outside this State who knowingly:

(a) Uses or attempts to use the Internet, in whole orin part, to communicate with or obtain information from another person; and

(b) Uses or attempts to use such communication orinformation, in whole or in part, to fill or refill a prescription or otherwiseengage in the practice of pharmacy.

2. As used in this section, Internet has the meaningascribed to it in NRS 453.3625.

(Added to NRS by 2001, 1066)

NRS 639.0087 Managingpharmacist defined. Managing pharmacistmeans a registered pharmacist who is responsible for the operation of apharmacy.

(Added to NRS by 1985, 875)

NRS 639.009 Manufacturerdefined. 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 ofresale; or

3. Produces or makes any devices or appliances thatare restricted by federal law to sale by or on the order of a physician.

(Added to NRS by 1967, 1651; A 1993, 630, 1219)

NRS 639.0095 Nuclearpharmacist defined. Nuclear pharmacistmeans a pharmacist who:

1. Is licensed to practice in this State; and

2. Meets the requirements of training and experienceconcerning the handling of radioactive materials pursuant to the regulationsadopted by the Nuclear Regulatory Commission or the Health Division of theDepartment of Health and Human Services.

(Added to NRS by 1989, 1750)

NRS 639.0097 Nuclearpharmacy defined. Nuclear pharmacy means apharmacy:

1. Where radiopharmaceuticals are stored, compoundedor dispensed; and

2. Which is licensed by the Nuclear RegulatoryCommission or the Health Division of the Department of Health and HumanServices to handle radioactive materials.

(Added to NRS by 1989, 1750)

NRS 639.0105 Parenteralsolutions and parenterals defined. Parenteralsolutions or parenterals means those drugs which are administered into thehuman body by injection under or through one or more layers of skin or mucousmembrane.

(Added to NRS by 1985, 867; A 1991, 1157)

NRS 639.0113 Pharmaceuticaltechnician defined. Pharmaceuticaltechnician means a person who performs technical services in a pharmacy underthe direct supervision of a pharmacist and is registered with the Board.

(Added to NRS by 2003, 2278)

NRS 639.0115 Pharmaceuticaltechnician in training defined. Pharmaceuticaltechnician in training means a person who is:

1. Registered with the Board in order to obtain thetraining and experience required to be a pharmaceutical technician; or

2. Enrolled in a program of training forpharmaceutical technicians that is approved by the Board.

(Added to NRS by 2003, 2278)

NRS 639.012 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:

(a) Pharmacies owned or operated by the State of Nevadaand 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)

NRS 639.0123 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 institution or facility, includinga jail and facilities for the detention of juveniles.

(Added to NRS by 1987, 1649)

NRS 639.0124 Practiceof pharmacy defined. Practice of pharmacyincludes, but is not limited to, the:

1. Performance or supervision of activities associatedwith manufacturing, compounding, labeling, dispensing and distributing of adrug, including the receipt, handling and storage of prescriptions and otherconfidential information relating to patients.

2. Interpretation and evaluation of prescriptions ororders for medicine.

3. Participation in drug evaluation and drug research.

4. Advising of the therapeutic value, reaction, druginteraction, hazard and use of a drug.

5. Selection of the source, storage and distributionof a drug.

6. Maintenance of proper documentation of the source,storage and distribution of a drug.

7. Interpretation of clinical data contained in apersons record of medication.

8. Development of written guidelines and protocols incollaboration with a practitioner which are intended for a patient in alicensed medical facility and authorize the implementation, monitoring andmodification of drug therapy. The written guidelines and protocols mayauthorize a pharmacist to order and use the findings of laboratory tests andexaminations.

9. Implementation and modification of drug therapy inaccordance with the authorization of the prescribing practitioner for a patientin a pharmacy in which drugs, controlled substances, poisons, medicines orchemicals are sold at retail.

The termdoes not include the changing of a prescription by a pharmacist or practitionerwithout the consent of the prescribing practitioner, except as otherwise providedin NRS 639.2583.

(Added to NRS by 1991, 367; A 2003, 2279)

NRS639.0125 Practitioner defined. Practitionermeans:

1. A physician, dentist, veterinarian or podiatricphysician 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 researchwith respect to or administer drugs in the course of professional practice orresearch in this State;

3. An advanced practitioner of nursing who has beenauthorized to prescribe controlled substances, poisons, dangerous drugs anddevices;

4. A physician assistant who:

(a) Holds a license issued by the Board of MedicalExaminers; and

(b) Is authorized by the Board to possess, administer,prescribe or dispense controlled substances, poisons, dangerous drugs ordevices under the supervision of a physician as required by chapter 630 of NRS;

5. An osteopathic physicians assistant who:

(a) Holds a certificate issued by the State Board ofOsteopathic Medicine; and

(b) Is authorized by the Board to possess, administer,prescribe or dispense controlled substances, poisons, dangerous drugs ordevices under the supervision of an osteopathic physician as required by chapter 633 of NRS; or

6. An optometrist who is certified by the Nevada StateBoard of Optometry to prescribe and administer therapeutic pharmaceuticalagents pursuant to NRS 636.288, when heprescribes or administers therapeutic pharmaceutical agents within the scope ofhis 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)

NRS 639.013 Prescriptiondefined.

1. Prescription means:

(a) An order given individually for the person for whomprescribed, directly from the practitioner to a pharmacist or indirectly bymeans of an order signed by the practitioner or by an electronic transmissionfrom the practitioner to a pharmacist.

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

2. The term does not include a chart order written foran inpatient for use while he is an inpatient.

(Added to NRS by 1967, 1652; A 1973, 774; 1979, 343,1684; 1987, 1650; 1991, 1948)

NRS 639.0143 Radiopharmaceuticaldefined. Radiopharmaceutical means any substancedefined as a drug in 21 U.S.C. 321(g)(1) which:

1. Exhibits spontaneous disintegration of unstablenuclei which emit nuclear particles or photons; or

2. Is intended to be made radioactive.

The termincludes nonradioactive reagent kits and nuclide generators which are used inthe preparation of any substance. The term does not include drugs containingcompounds of carbon or potassium or salts containing potassium which containtrace quantities of naturally occurring radionuclides.

(Added to NRS by 1989, 1750)

NRS 639.0145 Refilldefined. Refill means to fill again.

(Added to NRS by 1979, 1696)

NRS 639.015 Registeredpharmacist defined. Registered pharmacistmeans:

1. A person registered in this State as such on July1, 1947;

2. A person registered in this State as such incompliance 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 enteredin the registry of pharmacists of this State by the Executive Secretary of theBoard and to whom a valid certificate as a registered pharmacist or validrenewal thereof has been issued by the Board.

(Added to NRS by 1967, 1652; A 2003, 2280)

NRS 639.0155 Wholesaledistribution defined. Wholesaledistribution means the distribution of drugs to persons other than consumersor patients, but does not include:

1. Sales within a company.

2. The purchase or other acquisition of a drug by ahealth care facility or a pharmacy that is a member of a purchasingorganization.

3. The sale, purchase or trade of a drug or an offerto sell, purchase or trade a drug:

(a) By a charitable organization, as defined by section501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)), to anonprofit affiliate of the organization.

(b) Between health care facilities or pharmacies thatare under common control.

(c) For emergency medical reasons.

(d) Pursuant to a prescription.

4. A transfer of drugs, in an amount not to exceed 5percent of the total annual sales, by a retail pharmacy to another retailpharmacy to alleviate a temporary shortage.

5. The distribution of drug samples by arepresentative of the manufacturer or distributor.

6. The sale, purchase or exchange of blood or bloodcomponents for transfusions.

As used inthis section, health care facility has the meaning ascribed to it in NRS 449.800.

(Added to NRS by 1991, 1155)

NRS 639.016 Wholesalerdefined. Wholesaler means a wholesale distributoras defined by 21 C.F.R. 205.3(g) who supplies or distributes drugs, medicinesor chemicals or devices or appliances that are restricted by federal law tosale by or on the order of a physician to a person other than the consumer orpatient. The term includes a person who derives, produces, prepares orrepackages drugs, medicines or chemicals or devices or appliances that arerestricted by federal law to sale by or on the order of a physician on salesorders for resale. The term does not include a nonprofit cooperativeagricultural organization which supplies or distributes veterinary drugs andmedicines only to its own members.

(Added to NRS by 1967, 1652; A 1991, 1157; 1993, 1220)

STATE BOARD OF PHARMACY

NRS 639.020 Creation;number and appointment of members. The StateBoard of Pharmacy, consisting of seven members appointed by the Governor, ishereby created.

[Part 5:286:1913; A 1947, 667; 1943 NCL 5044](NRSA 1965, 307; 1973, 811; 1977, 1256; 1989, 2036)

NRS 639.030 Qualificationand terms of members; oath; vacancies; grounds for removal from office.

1. The Governor shall appoint:

(a) Six members who are registered pharmacists in theState of Nevada, are actively engaged in the practice of pharmacy in the Stateof Nevada and have had at least 5 years experience as registered pharmacistspreceding the appointment.

(b) One member who is a representative of the generalpublic and is not related to a pharmacist registered in the State of Nevada byconsanguinity or affinity within the third degree.

2. Appointments of registered pharmacists must berepresentative of the practice of pharmacy.

3. Within 30 days after his appointment, each memberof the Board shall take and subscribe an oath to discharge faithfully andimpartially the duties prescribed by this chapter.

4. After the initial terms, the members of the Boardmust be appointed to terms of 3 years. A person may not serve as a member ofthe Board for more than three consecutive terms. If a vacancy occurs during amembers term, the Governor shall appoint a person qualified under this sectionto replace that member for the remainder of the unexpired term.

5. The Governor shall remove from the Board anymember, after a hearing, for neglect of duty or other just cause.

[Part 5:286:1913; A 1947, 667; 1943 NCL 5044](NRSA 1963, 474; 1975, 1307; 1977, 1256; 1987, 1817; 1989, 2036)

NRS 639.040 Officersof Board: Election of President and Treasurer; employment, duties andcompensation of Executive Secretary.

1. The Board shall elect a President and a Treasurerfrom among its members.

2. The Board shall employ an Executive Secretary, whois not a member of the Board. The Executive Secretary must have experience as alicensed pharmacist in this State or in another state with comparable licensingrequirements. The Executive Secretary shall keep a complete record of allproceedings of the Board and of all certificates issued, and shall perform suchother duties as the Board may require, for which services he is entitled toreceive 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)

NRS 639.050 Meetings;quorum; compensation of members and employees.

1. The Board shall hold a meeting at least once inevery 6 months.

2. Four members of the Board constitute a quorum.

3. Meetings of the Board which are held to deliberateon the decision in an administrative action or to prepare, grade or administerexaminations 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 bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

5. While engaged in the business of the Board, eachemployee of the Board is entitled to receive a per diem allowance and travelexpenses at a rate fixed by the Board. The rate must not exceed the rateprovided 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)

NRS 639.060 Biennialreport to Governor. Before September 1 of eacheven-numbered year, for the biennium ending June 30 of that year, the Boardshall report to the Governor upon the condition of pharmacy in the State ofNevada. The report must contain:

1. A summary of the proceedings of the Board for theyear.

2. The names of all pharmacists registered under thischapter.

3. A complete statement of all fees received.

[Part 7:286:1913; A 1951, 290; 1953, 588](NRS A1965, 62; 1967, 1643; 1969, 1459; 1983, 1505)

NRS 639.063 Annualreport concerning drugs returned or transferred to pharmacies from certainfacilities and institutions and reissued to fill other prescriptions.

1. The Board shall prepare an annual report concerningdrugs that are returned or transferred to pharmacies pursuant to NRS 433.801, 449.2485 and 639.2675 and are reissued to fill otherprescriptions. The report must include, without limitation:

(a) The number of drugs that are returned to dispensingpharmacies.

(b) The number of drugs that are reissued to fill otherprescriptions.

(c) An estimate of the amount of money saved byreissuing such drugs to fill other prescriptions.

(d) Any other information that the Board deemsnecessary.

2. The report must be:

(a) Available for public inspection during regularbusiness hours at the office of the Board; and

(b) Posted on a website or other Internet site that isoperated or administered by or on behalf of the Board.

(Added to NRS by 2003, 1373)

NRS 639.065 Annualreport concerning immunizations administered by pharmacists. The Board shall prepare an annual report concerningimmunizations administered by pharmacists that includes, without limitation,the number of immunizations which were administered by pharmacists during theprevious year, any problems or complaints reported to the Board concerningimmunizations administered by pharmacists and any other information that theBoard determines would be useful in determining whether pharmacists shouldcontinue to administer immunizations in this State. The report must beavailable for public inspection during regular business hours at the office ofthe Board.

(Added to NRS by 1999, 2722)

NRS 639.067 Postingof information relating to pharmaceutical manufacturers on website. The Board shall post on a website or other Internet sitethat is operated or administered by or on behalf of the Board:

1. A general description of the basic elements of the ComplianceProgram Guidance for Pharmaceutical Manufacturers that is published by theOffice of Inspector General of the United States Department of Health and HumanServices, or links to websites or other Internet sites that are operated oradministered by or on behalf of the Office of Inspector General where suchinformation may be obtained;

2. A general description of the process for reportingunlawful or unethical conduct by pharmaceutical manufacturers to the Office ofInspector General, or links to websites or other Internet sites that areoperated or administered by or on behalf of the Office of Inspector Generalwhere such information may be obtained; and

3. A current telephone number for the Office ofInspector General.

(Added to NRS by 2003, 1213)

NRS 639.070 Generalpowers.

1. The Board may:

(a) Adopt such regulations, not inconsistent with thelaws of this State, as are necessary for the protection of the public,appertaining to the practice of pharmacy and the lawful performance of itsduties.

(b) Adopt regulations requiring that prices charged byretail pharmacies for drugs and medicines which are obtained by prescription beposted in the pharmacies and be given on the telephone to persons requestingsuch information.

(c) Adopt regulations, not inconsistent with the lawsof this State, authorizing the Executive Secretary of the Board to issuecertificates, licenses and permits required by this chapter and chapters 453 and 454of NRS.

(d) Adopt regulations governing the dispensing ofpoisons, 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 anddevices, including, but not limited to, requirements relating to:

(1) Pharmacies, institutional pharmacies andpharmacies in correctional institutions;

(2) Drugs stored in hospitals; and

(3) Drugs stored for the purpose of wholesaledistribution.

(h) Examine and register, upon application, pharmacistsand other persons who dispense or distribute medications whom it deemsqualified.

(i) Charge and collect necessary and reasonable feesfor its services, other than those specifically set forth in this chapter.

(j) Maintain offices in as many localities in the Stateas it finds necessary to carry out the provisions of this chapter.

(k) Employ an attorney, inspectors, investigators andother professional consultants and clerical personnel necessary to thedischarge of its duties.

(l) Enforce the provisions of NRS 453.011 to 453.552, inclusive, and enforce theprovisions of this chapter and chapter 454 ofNRS.

(m) Adopt regulations concerning the informationrequired to be submitted in connection with an application for any license,certificate or permit required by this chapter or chapter453 or 454 of NRS.

(n) Adopt regulations concerning the education,experience and background of a person who is employed by the holder of alicense or permit issued pursuant to this chapter and who has access to drugsand devices.

(o) Adopt regulations concerning the use of computerizedmechanical equipment for the filling of prescriptions.

(p) Participate in and expend money for programs thatenhance the practice of pharmacy.

2. This section does not authorize the Board toprohibit open-market competition in the advertising and sale of prescriptiondrugs and pharmaceutical services.

[Part 7:286:1913; A 1951, 290; 1953, 588](NRS A1961, 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)

NRS 639.071 Regulations:Institutional pharmacies. The Board may adoptsuch regulations as are necessary for the safe and efficient operation ofinstitutional pharmacies.

(Added to NRS by 1987, 1649)

NRS 639.072 Regulations:Correctional institutions. The Board shalladopt regulations concerning the safe and efficient operation of pharmacies incorrectional institutions.

(Added to NRS by 1987, 1649)

NRS 639.0725 Regulations:Internet pharmacies.

1. The Board shall adopt such regulations as arenecessary for the safe and efficient operation of pharmacies and wholesalersthat offer their services to persons in this State via the Internet.

2. For the purposes of this section, pharmacyincludes any person who sells or offers to sell drugs to persons in this Statevia the Internet.

(Added to NRS by 2001, 1631)

NRS 639.073 Regulations:Restricting sale of drugs except under supervision of registered pharmacist.

1. If the public interest would best be served, theBoard may adopt regulations restricting the sale of drugs to sale by or underthe direct supervision of a registered pharmacist.

2. Any regulation adopted pursuant to the provisionsof this section shall also include the conditions under which such drugs shallbe stored in a pharmacy and the circumstances under which such drugs may besold.

(Added to NRS by 1967, 1652; A 1973, 774; 1979, 1685)

NRS 639.074 Regulations:Registered nurses who participate in certain public health programs or providecertain mental health services. The Board mayadopt such regulations as may be necessary to ensure that proper and adequatesafeguards, including dispensing procedures, are followed to protect aregistered nurse who:

1. Participates in a public health program approved bythe Board; or

2. Provides mental health services to a patient at arural clinic that is designated as such pursuant to NRS 433.233 and that is operated by theDivision of Mental Health and Developmental Services of the Department ofHealth and Human Services.

(Added to NRS by 1977, 939; A 2003, 1018)

NRS 639.0745 Regulations:Transfer, security and exchange of information relating to prescriptions.

1. The Board may adopt regulations concerning thetransfer of information between pharmacies relating to prescriptions.

2. The Board shall adopt regulations concerning theelectronic transmission and the transmission by a facsimile machine of aprescription 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 datathat is transmitted between:

(1) The practitioner and the pharmacy;

(2) The practitioner and an insurer of theperson for whom the prescription is issued; and

(3) The pharmacy and an insurer of the personfor whom the prescription is issued.

(b) Protect the identity of the practitioner to preventmisuse of the identity of the practitioner or other fraudulent conduct relatedto the electronic transmission of a prescription.

(c) Verify the authenticity of a signature that isproduced:

(1) By the computer or other electronic device;or

(2) Manually by the practitioner.

3. The Board shall adopt regulations governing theexchange of information between pharmacists and practitioners relating toprescriptions filled by the pharmacists for persons who are suspected of:

(a) Misusing prescriptions to obtain excessive amountsof drugs.

(b) Failing to use a drug in conformity with thedirections for its use or taking a drug in combination with other drugs in amanner that could result in injury to that person.

Thepharmacists and practitioners shall maintain the confidentiality of the informationexchanged pursuant to this subsection.

(Added to NRS by 1991, 1948; A 1993, 493; 1995, 291;1997, 687; 2001, 834,1635; 2003, 67)

NRS 639.075 Fiscalyear. The Board shall operate on the basis ofa fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 156)

NRS 639.081 Depositand use of money received by Board; delegation of authority to take disciplinaryaction; deposit of fines imposed by Board; claims for attorneys fees and costsof investigation.

1. Except as otherwise provided in subsection 3, allmoney coming into the possession of the Board must be kept or deposited by theExecutive Secretary of the Board in banks, credit unions or savings and loanassociations in the State of Nevada, or invested in United States treasurybills or notes, to be expended for payment of compensation and expenses ofmembers of the Board and for other necessary or proper purposes in theadministration of this chapter.

2. The Board may delegate to a hearing officer orpanel 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 totake disciplinary action pursuant to subsection 2 and the Board deposits themoney collected from the imposition of fines with the State Treasurer forcredit to the State General Fund, it may present a claim to the State Board ofExaminers for recommendation to the Interim Finance Committee if money isneeded to pay attorneys fees or the costs of an investigation, or both.

(Added to NRS by 1975, 1306; A 1983, 1540; 1999, 1535; 2003, 2281)

NRS 639.090 Enforcementof chapter. The members of the Board, its inspectorsand investigators are designated and constituted agents for the enforcement andcarrying out of the provisions of this chapter, and for this purpose they areentitled to have free access at all times during business hours to all placeswhere drugs, medicines or poisons or devices or appliances that are restrictedby federal law to sale by or on the order of a physician are held or offeredfor sale and to all records of sale and disposition of drugs, medicines orpoisons or devices or appliances that are restricted by federal law to sale byor on the order of a physician.

[20:286:1913; A 1947, 667; 1943 NCL 5059](NRS A1967, 1643; 1993, 1220)

NRS 639.093 Communicationwith other public agencies; immunity. TheBoard may communicate the results of its deliberations or investigations toother public agencies, and the Board or its members, agents, servants,employees or attorneys shall not incur any liability as a result of suchcommunications.

(Added to NRS by 1967, 1652)

NRS 639.095 Boardto furnish free copies of law and regulations. TheBoard shall furnish each applicant for registration and each residentregistered pharmacist with a free copy of chapters453, 454, 585and 639 of NRS and the regulations of theBoard. Free copies must be provided nonresident pharmacists registered inNevada upon request.

(Added to NRS by 1967, 1652; A 1975, 1308; 1977, 90;1979, 1685)

NRS 639.097 Injunctiverelief available to Board. The Board may bringan action to enjoin any act which would be in violation of the provisions ofthis chapter. Such action shall be commenced in the district court in and forthe county in which the act is to occur and shall be in conformity with Rule 65of the Nevada Rules of Civil Procedure, except that the Board shall not berequired to allege facts necessary to show or tending to show lack of adequateremedy at law or irreparable damage or loss. The action shall be brought in thename of the State of Nevada.

(Added to NRS by 1967, 1653)

CERTIFICATES, LICENSES AND PERMITS

NRS 639.100 Unlawfulto manufacture, engage in wholesale distribution, compound, sell or dispensedrug, poison, medicine or chemical; exceptions; application for license.

1. Except as otherwise provided in this chapter, it isunlawful for any person to manufacture, engage in wholesale distribution,compound, sell or dispense, or permit to be manufactured, distributed atwholesale, compounded, sold or dispensed, any drug, poison, medicine orchemical, 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 toengage in wholesale distribution, a technologist in radiology or nuclearmedicine under the supervision of the prescribing practitioner, a registeredpharmacist, or a registered nurse certified in oncology under the supervisionof the prescribing practitioner; and

(b) Complies with the regulations adopted by the Board.

2. Sales representatives, manufacturers or wholesalersselling only in wholesale lots and not to the general public and compounders orsellers of medical gases need not be registered pharmacists. A person shall notact as a manufacturer or wholesaler unless he has obtained a license from theBoard.

3. Any nonprofit cooperative organization or anymanufacturer or wholesaler who furnishes, sells, offers to sell or delivers acontrolled substance which is intended, designed and labeled For VeterinaryUse 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 theBoard.

4. Each application for such a license must be made ona form furnished by the Board and an application must not be considered by theBoard until all the information required thereon has been completed. Uponapproval 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 issuedto 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)

NRS 639.120 Qualificationsof applicants to become registered pharmacists.

1. An applicant to become a registered pharmacist inthis State must:

(a) Be of good moral character.

(b) Be a graduate of a college of pharmacy ordepartment of pharmacy of a university accredited by the American Council onPharmaceutical Education or Canadian Council for Accreditation of PharmacyPrograms and approved by the Board or a graduate of a foreign school who haspassed an examination for foreign graduates approved by the Board todemonstrate that his education is equivalent.

(c) Pass an examination approved and given by the Boardwith a grade of at least 75 on the examination as a whole and a grade of atleast 75 on the examination on law. An applicant for registration byreciprocity must pass the examination on law with at least a grade of 75.

(d) Complete not less than 1,500 hours of practicalpharmaceutical experience as an intern pharmacist under the direct andimmediate supervision of a registered pharmacist.

2. The practical pharmaceutical experience requiredpursuant to paragraph (d) of subsection 1 must relate primarily to the sellingof drugs, poisons and devices, the compounding and dispensing of prescriptions,preparing prescriptions and keeping records and preparing reports required bystate and federal statutes.

3. The Board may accept evidence of compliance withthe requirements set forth in paragraph (d) of subsection 1 from boards ofpharmacy of other states in which the experience requirement is equivalent tothe 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)

NRS 639.127 Applicationfor registration as pharmacist; payment of fee; proof of qualifications; periodof validity; issuance of certificate of registration.

1. An applicant for registration as a pharmacist inthis State must submit an application to the Executive Secretary of the Boardon a form furnished by the Board and must pay the fee fixed by the Board. Thefee must be paid at the time the application is submitted and is compensationto the Board for the investigation and the examination of the applicant. Underno circumstances may the fee be refunded.

2. Proof of the qualifications of any applicant mustbe made to the satisfaction of the Board and must be substantiated byaffidavits, records or such other evidence as the Board may require.

3. An application is only valid for 1 year after thedate it is received by the Board unless the Board extends its period ofvalidity.

4. A certificate of registration as a pharmacist mustbe issued to each person who the Board determines is qualified pursuant to theprovisions of NRS 639.120 and 639.134. The certificate entitles theperson 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)

NRS 639.128 Applicationto include social security number of applicant.Repealed. (See chapter 501, Statutes of Nevada 2005,at page 2818.)

 

NRS 639.129 Paymentof child support: Submission of certain information by applicant; grounds fordenial of certificate or license; duty of Board. [Effective until the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. Inaddition to any other requirements set forth in this chapter:

(a) Anatural person who applies for the issuance of a certificate of registration asa pharmacist, intern pharmacist, pharmaceutical technician or pharmaceuticaltechnician in training or a license issued pursuant to NRS 639.233 shall include the socialsecurity number of the applicant in the application submitted to the Board.

(b) A natural person who applies for the issuance orrenewal of a certificate of registration as a pharmacist, intern pharmacist,pharmaceutical technician or pharmaceutical technician in training or a licenseissued pursuant to NRS 639.233 shallsubmit to the Board the statement prescribed by the Division of Welfare andSupportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted 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 intraining or a license issued pursuant to NRS639.233 may not be issued or renewed by the Board if the applicant is anatural person who:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder 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)

NRS 639.129 Payment of child support: Submissionof certain information by applicant; grounds for denial of certificate orlicense; duty of Board. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings and expires by limitation 2 years afterthat date.]

1. In addition to any other requirements set forth inthis chapter, a natural person who applies for the issuance or renewal of acertificate of registration as a pharmacist, intern pharmacist, pharmaceuticaltechnician or pharmaceutical technician in training or a license issuedpursuant to NRS 639.233 shall submit tothe Board the statement prescribed by the Division of Welfare and SupportiveServices of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted 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 intraining or a license issued pursuant to NRS639.233 may not be issued or renewed by the Board if the applicant is anatural person who:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2147; A 2003, 2283; 2005, 2747, 2807, 2816, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 639.130 Reexamination.

1. An applicant for a certificate as a registeredpharmacist who has failed to pass the Boards examination for the certificateis not eligible for reexamination until the next regularly scheduledexamination conducted by the Board.

2. No subsequent examination may be given to anyapplicant 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)

NRS 639.134 Registrationof pharmacist without examination; reciprocity.

1. The Board may, without an examination, register asa pharmacist any person who:

(a) Is registered as a pharmacist in anotherjurisdiction if he was required to pass an examination in order to beregistered in that jurisdiction;

(b) Produces evidence satisfactory to the Board that hehas the required secondary and professional education and training and, if agraduate of a foreign school, produces evidence that, before taking theexamination for registration in that jurisdiction, he passed an examination forforeign graduates offered in that jurisdiction which is comparable to theexamination 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 ifpharmacists registered in this State are granted similar privileges by thestate in which the applicant is registered.

(Added to NRS by 1973, 783; A 1985, 878; 1999, 241)

NRS 639.137 Registrationof intern pharmacists: Qualifications; application; issuance of certificate ofregistration; period of validity of certificate; authorized activities; groundsfor suspension, termination or revocation.

1. Any person who is not a registered pharmacist, butwho is employed in this State for the purpose of fulfilling the requirements ofparagraph (d) of subsection 1 of NRS 639.120to become eligible for registration as a pharmacist, shall register with theBoard as an intern pharmacist. An applicant, to be eligible for registration asan intern pharmacist, must be enrolled in a college of pharmacy or a departmentof pharmacy of a university approved by the Board or be a graduate of a foreignschool and pass an examination for foreign graduates approved by the Board. Theapplication must be made on a form furnished by the Board.

2. The Executive Secretary of the Board, upon approvalof the application, shall issue a certificate of registration authorizing theapplicant to undergo practical pharmaceutical training under the direct andimmediate supervision of a registered pharmacist. The period of validity of thecertificate of registration, including any renewal, must not exceed 4 yearsafter the date of issue. The certificate of registration authorizes the holder,if acting under the direct and immediate supervision of a registeredpharmacist, to perform:

(a) The duties of a registered pharmacist as authorizedby regulation of the Board; and

(b) Other activities as authorized by regulation of theBoard.

3. The certificate of registration must be posted asrequired by NRS 639.150.

4. Any certificate of registration issued pursuant tothe provisions of this section may be suspended, terminated or revoked by theBoard for:

(a) Any reason set forth in this chapter as grounds forthe suspension or revocation of any certificate, license or permit; or

(b) The failure of the registered pharmacist whose nameappears on the certificate of registration to provide adequate training andsupervision for the intern pharmacist in compliance with regulations adopted bythe Board.

(Added to NRS by 1967, 1655; A 1971, 683; 1973, 776;1991, 1948; 1993, 631; 1999,241; 2001, 835;2003, 2283)

NRS 639.1371 Pharmaceuticaltechnicians: Number permitted; qualifications and registration; authorizedactivities; regulations.

1. The ratio of pharmaceutical technicians topharmacists must not allow more than one pharmaceutical technician to eachpharmacist unless the Board by regulation expands the ratio.

2. The Board shall adopt regulations concerningpharmaceutical technicians, including requirements for:

(a) The qualifications, registration and supervision ofpharmaceutical technicians; and

(b) The services which may be performed bypharmaceutical technicians,

to ensurethe protection and safety of the public in the provision of pharmaceuticalcare.

3. The regulations adopted by the Board pursuant tothis section which prescribe:

(a) The qualifications for pharmaceutical techniciansmust include:

(1) The successful completion of a program forpharmaceutical technicians which is approved by the Board;

(2) The completion of at least 1,500 hours ofexperience in carrying out the duties of a pharmaceutical technician; or

(3) Any other experience or education deemedequivalent by the Board.

(b) An expanded ratio of pharmaceutical technicians topharmacists must be appropriate and necessary for a particular category ofpharmacy at any time.

(c) The services which may be performed bypharmaceutical 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 454of NRS, pharmaceutical technicians may perform acts required to be performed bypharmacists, but only to the extent provided in regulations.

(Added to NRS by 1993, 2153; A 1999, 242; 2003, 2284)

NRS 639.1373 Physicianassistant and osteopathic physicians assistant: Authority regardingpossession, administration, prescription and dispensing of controlledsubstances, poisons, dangerous drugs and devices; registration; regulations.

1. A physician assistant or an osteopathic physiciansassistant may, if authorized by the Board, possess, administer, prescribe ordispense controlled substances, or possess, administer, prescribe or dispensepoisons, dangerous drugs or devices in or out of the presence of hissupervising physician only to the extent and subject to the limitationsspecified in the registration certificate issued to the physician assistant orosteopathic physicians assistant, as appropriate, by the Board pursuant tothis section.

2. Each physician assistant and osteopathicphysicians assistant who is authorized by his physician assistants licenseissued by the Board of medical examiners or certificate issued by the StateBoard of Osteopathic Medicine to possess, administer, prescribe or dispensecontrolled substances, or to possess, administer, prescribe or dispensepoisons, dangerous drugs or devices must apply for and obtain a registrationcertificate from the Board, pay a fee to be set by regulations adopted by theBoard and pass an examination administered by the Board on the law relating topharmacy before he can possess, administer, prescribe or dispense controlledsubstances, or possess, administer, prescribe or dispense poisons, dangerousdrugs or devices.

3. The Board shall consider each applicationseparately and may, even though the physician assistants license issued by theBoard of Medical Examiners or the osteopathic physicians assistantscertificate issued by the State Board of Osteopathic Medicine authorizes thephysician assistant or osteopathic physicians assistant, as appropriate, topossess, administer, prescribe or dispense controlled substances, or topossess, administer, prescribe or dispense poisons, dangerous drugs anddevices:

(a) Refuse to issue a registration certificate;

(b) Issue a registration certificate limiting theauthority of the physician assistant or osteopathic physicians assistant, asappropriate, to possess, administer, prescribe or dispense controlledsubstances, or to possess, administer, prescribe or dispense poisons, dangerousdrugs or devices, the area in which the physician assistant or osteopathicphysicians assistant may possess controlled substances, poisons, dangerousdrugs and devices, or the kind and amount of controlled substances, poisons,dangerous drugs and devices; or

(c) Issue a registration certificate imposing otherlimitations or restrictions which the Board feels are necessary and required toprotect the health, safety and welfare of the public.

4. If the registration of the physician assistant orosteopathic physicians assistant is suspended or revoked, the physicianscontrolled substance registration may also be suspended or revoked.

5. The Board shall adopt regulations controlling themaximum amount to be administered, possessed and dispensed, and the storage,security, recordkeeping and transportation of controlled substances and themaximum amount to be administered, possessed, prescribed and dispensed and thestorage, security, recordkeeping and transportation of poisons, dangerous drugsand devices by physician assistants and osteopathic physicians assistants. Inthe adoption of those regulations, the Board shall consider, but is not limitedto, the following:

(a) The area in which the physician assistant orosteopathic physicians assistant is to operate;

(b) The population of that area;

(c) The experience and training of the physicianassistant or osteopathic physicians assistant;

(d) The distance to the nearest hospital and physician;and

(e) The effect on the health, safety and welfare of thepublic.

6. For the purposes of this section, the termsupervising physician includes an employing osteopathic physician as definedin 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)

NRS 639.1375 Advancedpractitioners of nursing: Authority to dispense controlled substances, poisons,dangerous drugs and devices; registration; regulations.

1. An advanced practitioner of nursing may dispensecontrolled substances, poisons, dangerous drugs and devices if he:

(a) Passes an examination administered by the StateBoard of Nursing on Nevada law relating to pharmacy and submits to the StateBoard of Pharmacy evidence of passing that examination;

(b) Is authorized to do so by the State Board ofNursing in a certificate issued by that Board; and

(c) Applies for and obtains a certificate ofregistration from the State Board of Pharmacy and pays the fee set by aregulation adopted by the Board. The Board may set a single fee for thecollective certification of advanced practitioners of nursing in the employ ofa public or nonprofit agency and a different fee for the individual certificationof other advanced practitioners of nursing.

2. The State Board of Pharmacy shall consider eachapplication from an advanced practitioner of nursing separately, and may:

(a) Issue a certificate of registration limiting:

(1) The authority of the advanced practitionerof nursing to dispense controlled substances, poisons, dangerous drugs anddevices;

(2) The area in which the advanced practitionerof nursing may dispense;

(3) The kind and amount of controlledsubstances, poisons, dangerous drugs and devices which the certificate permitsthe advanced practitioner of nursing to dispense; and

(4) The practice of the advanced practitioner ofnursing which involves controlled substances, poisons, dangerous drugs anddevices 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 anylimitation not contained in the certificate issued by the State Board ofNursing; or

(c) Refuse to issue a certificate of registration,regardless of the provisions of the certificate issued by the State Board ofNursing.

3. If a certificate of registration issued pursuant tothis section is suspended or revoked, the Board may also suspend or revoke theregistration of the physician for and with whom the advanced practitioner ofnursing is in practice to dispense controlled substances.

4. The Board shall adopt regulations setting forth themaximum amounts of any controlled substance, poison, dangerous drug and deviceswhich an advanced practitioner of nursing who holds a certificate from theBoard may dispense, the conditions under which they must be stored, transportedand safeguarded, and the records which each such nurse shall keep. In adoptingits regulations, the Board shall consider:

(a) The areas in which an advanced practitioner ofnursing who holds a certificate from the Board can be expected to practice andthe populations of those areas;

(b) The experience and training of the nurse;

(c) Distances between areas of practice and the nearesthospitals and physicians;

(d) Effects on the health, safety and welfare of thepublic; and

(e) Other factors which the Board considers importantto the regulation of the practice of advanced practitioners of nursing who holdcertificates from the Board.

(Added to NRS by 1979, 592; A 1983, 1218; 1991, 791,2017)

NRS 639.138 Denialof application: Notice. If the Board, after aninvestigation, denies any application for a certificate, license or permit, theExecutive Secretary of the Board shall notify the applicant, within 10 daysafter 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 thereasons therefor. The notice must inform the applicant of his right to petitionthe Board for reconsideration and his right to submit evidence to controvertthe alleged violations on which the denial was based.

(Added to NRS by 1967, 1654; A 1973, 776; 1985, 878; 2003, 2285)

NRS 639.139 Denialof application: Procedure for reconsideration.

1. At any time within 30 days after receipt of thenotice of denial of his application, an applicant may petition the Board forreconsideration of the application. The petition must set forth a denial, inwhole or in part, of the violations alleged and a statement that the applicantis prepared to submit evidence in support of his denial of the allegations.

2. Within 30 days after the petition is received bythe Board, the Executive Secretary of the Board shall notify the petitioner, byregistered or certified mail, of the Boards decision to grant or deny thepetition for reconsideration. If the petition is granted, the notice mustinclude the time and place set for reconsideration of the application by theBoard.

(Added to NRS by 1967, 1655; A 1977, 90; 2003, 2285)

NRS 639.150 Displayof certificates, licenses and permits.

1. The holder of a certificate of registration, alicense or a permit granted pursuant to the provisions of this chapter shalldisplay the certificate, license or permit, and the current renewal receiptthereof, in the pharmacy conducted by him or in which he is employed in a placewhere it may be clearly read by the public.

2. A registered pharmacist who is employed or whopractices in more than one pharmacy shall post his original certificate ofregistration and the current renewal receipt in the pharmacy in which he isprimarily employed, in compliance with the provisions of subsection 1, andshall post an 8-inch by 10-inch photocopy of his certificate of registrationand the current renewal receipt in every other pharmacy in which he practiceson either a part-time or temporary basis.

3. An institutional pharmacy that serves a majority ofinpatients shall display certificates, licenses and permits in accordance withregulations adopted by the Board.

[11:286:1913; 1919 RL p. 3151; NCL 5050](NRS A1967, 1645; 1971, 684; 1991, 1949; 1993, 632; 1999, 242)

NRS 639.160 Noticeof new place of practice. Every registeredpharmacist shall, within 10 days after changing his place of practice asdesignated on the books of the Executive Secretary of the Board, notify theExecutive Secretary of the change and of his new place of practice. Uponreceipt of the notification, the Executive Secretary shall make the necessarychange in his register.

[14:286:1913; A 1951, 290](NRS A 1967, 1645; 2003, 2285)

NRS 639.170 Scheduleof fees.

1. The Board shall chargeand collect not more than the following fees for the following services:

 

Actualcost

For the examination of an applicant for registration as a ofthe

...... pharmacist.............................................................................................. examination

For the investigation or registration of an applicant as aregistered pharmacist $200

For the investigation, examination or registration of anapplicant as a registered pharmacist by reciprocity 300

For the investigation or issuance of an original license toconduct a retail pharmacy 600

For the biennial renewal of a license to conduct a retailpharmacy............. 500

For the investigation or issuance of an original license toconduct an institutional pharmacy 600

For the biennial renewal of a license to conduct aninstitutional pharmacy 500

For the issuance of an original or duplicate certificate ofregistration as a registered pharmacist 50

For the biennial renewal of registration as a registeredpharmacist............ 200

For the reinstatement of a lapsed registration (in additionto the fees for renewal for the period of lapse) 100

For the initial registration of a pharmaceutical technicianor pharmaceutical technician in training 50

For the biennial renewal of registration of a pharmaceuticaltechnician or pharmaceutical technician in training 50

For the investigation or registration of an internpharmacist........................ 50

For the biennial renewal of registration as an internpharmacist.................. 40

For investigation or issuance of an original license to amanufacturer or wholesaler 500

For the biennial renewal of a license for a manufacturer orwholesaler...... 500

For the reissuance of a license issued to a pharmacy, whenno change of ownership is involved, but the license must be reissued because ofa change in the information required thereon...... 100

For authorization of a practitioner to dispense controlledsubstances or dangerous drugs, or both 300

For the biennial renewal of authorization of a practitionerto dispense controlled substances or dangerous drugs, or both................................................................................................................. 300

 

2. If a person requests a special service from theBoard or requests the Board to convene a special meeting, he must pay theactual costs to the Board as a condition precedent to the rendition of thespecial service or the convening of the special meeting.

3. All fees are payable in advance and are notrefundable.

4. The Board may, by regulation, set the penalty forfailure to pay the fee for renewal for any license, permit, authorization orcertificate within the statutory period, at an amount not to exceed 100 percentof the fee for renewal for each year of delinquency in addition to the fees forrenewal 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)

NRS 639.180 Expirationof certificates, licenses and permits; procedure for renewal; automaticforfeiture for failure to comply with procedure.

1. Except as otherwise provided in this subsection, acertificate, license or permit issued by the Board pursuant to this chapterexpires on October 31 of each even-numbered year. A certificate of registrationas 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 acertificate, license or permit has been issued may, if the certificate, licenseor permit has not been revoked, renew the certificate, license or permit bienniallyby:

(a) Filing an application for renewal;

(b) Paying the fee for renewal;

(c) Complying with the requirement of continuingprofessional education, if applicable;

(d) If applicable, filing with the Board satisfactoryevidence that his surety bond or other security required by NRS 639.515 is in full force; and

(e) Submitting all information required to complete therenewal.

3. The application for renewal, together with the feefor renewal, all required information and the evidence of compliance with NRS 639.515 must be delivered to theExecutive 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, itmust be delivered to the applicant within a reasonable time after receipt ofthe 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 forrenewal, all required information and the evidence of compliance with NRS 639.515 are not postmarked on or beforethe expiration date of the certificate, license or permit, or the currentrenewal receipt thereof, the registration is automatically forfeited.

[10:286:1913; A 1947, 667; 1951, 290; 1953, 588](NRSA 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)

NRS 639.190 Issuanceof certificate of registration after forfeiture. Ifa certificate of registration as a pharmacist is forfeited by a person asprovided in NRS 639.180, the Board may,within 5 years thereafter, issue a certificate of registration to the person ifthe Board determines that he:

1. Has not committed any act listed in NRS 639.210 other than the failure to renewhis certificate by not submitting the application for renewal or the fee for renewal;and

2. Is capable and qualified by education orexperience, 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)

NRS 639.200 Issuanceof duplicate certificates and receipts for renewal. TheBoard shall have the power to issue duplicate certificates of registration andduplicate renewal receipts upon:

1. Written application therefor signed by theapplicant;

2. Proof to the satisfaction of the Board that goodcause exists for the issuance of the certificate or renewal receipt; and

3. The payment of the proper fees for the issuancethereof.

[Part 16:286:1913; A 1951, 290; 1953, 588](NRS A1967, 1647)

NRS 639.210 Groundsfor suspension or revocation of certificate, license, registration or permit ordenial of application. The Board may suspendor revoke any certificate, license, registration or permit issued pursuant tothis 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 ofliquor, any depressant drug or a controlled substance, unless taken pursuant toa lawfully issued prescription, while on duty in any establishment licensed bythe Board;

4. Is guilty of unprofessional conduct or conductcontrary to the public interest;

5. Is addicted to the use of any controlled substance;

6. Has been convicted of a violation of any law orregulation of the Federal Government or of this or any other state related tocontrolled substances, dangerous drugs, drug samples, or the wholesale orretail 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, dishonestyor corruption;

8. Has been convicted of violating any of theprovisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

9. Has willfully made to the Board or its authorizedrepresentative any false statement which is material to the administration orenforcement 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 orother 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 prescriptiondrugs;

12. Has violated, attempted to violate, assisted orabetted in the violation of or conspired to violate any of the provisions ofthis chapter or any law or regulation relating to drugs, the manufacture ordistribution of drugs or the practice of pharmacy, or has knowingly permitted,allowed, condoned or failed to report a violation of any of the provisions ofthis chapter or any law or regulation relating to drugs, the manufacture ordistribution of drugs or the practice of pharmacy committed by the holder of acertificate, license, registration or permit;

13. Has failed to renew his certificate, license orpermit by failing to submit the application for renewal or pay the renewal feetherefor;

14. Has had his certificate, license or permitsuspended or revoked in another state on grounds which would cause suspensionor revocation of a certificate, license or permit in this State;

15. Has, as a managing pharmacist, violated anyprovision of law or regulation concerning recordkeeping or inventory in a storeover which he presides, or has knowingly allowed a violation of any provisionof this chapter or other state or federal laws or regulations relating to thepractice of pharmacy by personnel of the pharmacy under his supervision;

16. Has repeatedly been negligent, which may beevidenced by claims of malpractice settled against him;

17. Has failed to maintain and make available to astate or federal officer any records in accordance with the provisions of thischapter or chapter 453 or 454 of NRS; or

18. Has failed to file or maintain a bond or othersecurity if required by NRS 639.515.

[Part 16:286:1913; A 1951, 290; 1953, 588](NRS A1967, 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)

NRS 639.2107 Surrender,revocation or suspension by licensing board or Drug Enforcement Administration:Immediate suspension of certificate, license or registration. The surrender, revocation or a suspension that has notbeen stayed of any certificate, license or registration of a practitioner, asdefined in NRS 639.0125, 453.126 or 454.00958, by a licensing board or theDrug Enforcement Administration operates as an immediate suspension of acertificate, license, registration or permit issued by the Board pursuant tothis chapter or chapter 453 or 454 of NRS to possess, administer, prescribe ordispense drugs.

(Added to NRS by 1991, 1948)

NRS 639.211 Mentalillness: Immediate suspension of right to practice. Theadjudication of insanity or mental illness, or the voluntary commitment or admissionto any hospital for a mental illness of any certificate holder, shall operateas an immediate suspension of the right of the certificate holder to practicepharmacy in this State, and such suspension shall continue until restoration toor declaration of sanity or mental competence.

(Added to NRS by 1967, 1655)

NRS 639.212 Mentalillness: Reinstatement of suspended certificate, license, registration orpermit; procedure for reinstatement.

1. A person whose certificate, license, registrationor permit has been suspended by the Board in accordance with NRS 639.211 may petition the Board forreinstatement of the certificate, license, registration or permit afterrestoration or declaration of sanity or mental competence.

2. The Board shall not restore any suspendedcertificate, license, registration or permit until it has found, in a hearingheld for that purpose, that with due regard for the public interest thepetitioners right to practice, or to perform the duties and conduct thebusiness covered by the certificate, license, registration or permit, may besafely reinstated.

3. In any such hearing the Board may consider theresults of its own investigation as well as evidence pertaining to thepetitioners restoration to sanity or mental competence. The affirmative voteof 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 hispresent fitness to resume his practice or conduct his business in the publicinterest.

4. In any hearing, conducted for the purpose ofreinstating any certificate, license, registration or permit, the Board mayemploy expert witnesses considered necessary in order to determine thecompetency and ability of the petitioner.

5. The Board may grant or deny, without a hearing orargument, any petition for reinstatement filed pursuant to this section, wherethe petitioner has been afforded a hearing upon any petition filed pursuant tothis section within a period of 2 years immediately preceding the filing of thenew petition.

(Added to NRS by 1967, 1656; A 1983, 1509)

NRS 639.2121 Convictionof certain felonies: Immediate suspension of certificate, license, registrationor permit; reinstatement. The conviction ofany person who holds a certificate, license, registration or permit issuedpursuant to this chapter of a felony for a violation of any federal law or lawof any state concerning drugs or chemicals operates as an immediate suspensionof the certificate, license, registration or permit. The person so convictedmay apply to the Board for reinstatement at any time.

(Added to NRS by 1967, 1656; A 1971, 2041; 1983,1510)

NRS 639.2122 Corporations:Denial, suspension and revocation of certificates, licenses and permits. The Board may suspend, revoke or deny any certificate,license, permit or registration of a corporation where conditions exist inrelation to any person holding 10 percent or more of the corporate stock ofsuch corporation or to any officer or director of such corporation which wouldconstitute grounds for disciplinary action against such person if he were alicensee.

(Added to NRS by 1967, 1658)

PROFESSIONAL CONDUCT

NRS 639.213 Legislativedeclaration. The Legislature hereby declaresthe practice of pharmacy to be a learned profession, affecting public safetyand welfare and charged with the public interest, and is therefore subject toprotection and regulation by the State.

(Added to NRS by 1963, 474; A 1989, 308)

NRS 639.215 Rules.

1. The Board may by regulation adopt, amend or repealrules of professional conduct appropriate to the establishment and maintenanceof a high standard of integrity and dignity in the profession.

2. Every registered pharmacist shall be governed bythe rules of professional conduct adopted by the Board.

3. The rules of professional conduct adopted by theBoard shall be furnished to each pharmacist holding a currently validcertificate to practice in this State and to each person to whom a certificateis thereafter issued. Upon receipt of a copy of the rules of professionalconduct, each registered pharmacist shall subscribe thereto.

4. Nothing contained in NRS 639.213 and this section shall beconstrued as authorizing the Board to adopt rules of professional conductrelating to the issuance of trading stamps to the general public.

(Added to NRS by 1963, 474; A 1965, 544; 1967, 1648)

CONTINUING PROFESSIONAL EDUCATION

NRS 639.2171 Legislativefindings and declaration. The Legislaturefinds and declares that:

1. The practice of the profession of pharmacy isdirectly related to the public health and welfare of the citizens of this Stateand is subject to regulation and control in the public interest.

2. Because of the continuous introduction of newmedicinal agents and the changing concepts of the practice of pharmacy, it isessential that a pharmacist undertake a program of continuing education tomaintain and improve his professional competency.

3. To ensure the continued competency of thepharmacist and to maintain uniform qualifications for the licensing ofpharmacists to protect the health and welfare of its citizens, the Legislaturedeems it in the public interest to adopt a program of continuing professionaleducation.

4. NRS 639.2171to 639.2176, inclusive, must beliberally construed to carry out their stated purposes.

(Added to NRS by 1973, 976; A 1985, 882; 1995, 291)

NRS 639.2172 Definitions. As used in NRS639.2171 to 639.2176, inclusive,the words and terms defined in this section have the meanings ascribed to themin this section unless the context otherwise requires:

1. Accredited program means those seminars, classes,meetings, work projects, home-study courses and other educational programs inpharmacy approved by the Board for purposes of continuing professionaleducation.

2. Continuing professional education meansprofessional, pharmaceutical postgraduate education in the general areas of thesocioeconomic and legal aspects of medical care, the properties and actions ofdrugs and dosage forms, and the etiology, characteristics and therapeutics ofthe diseased organism.

3. Continuing education unit means the unit ofmeasurement of credits for courses and programs of continuing education.

(Added to NRS by 1973, 976; A 1985, 882; 1995, 291)

NRS 639.2174 Completionof program prerequisite to renewal of certificate. TheBoard shall not renew the certificate of any registered pharmacist until theapplicant has submitted proof to the Board of the receipt of the requirednumber of continuing education units, obtained through the satisfactorycompletion of an accredited program of continuing professional education duringthe period for which the certificate was issued.

(Added to NRS by 1973, 976; A 1975, 1312; 2003, 2287)

NRS 639.2176 Regulations. The Board shall adopt regulations necessary to carry outthe purposes of NRS 639.2171 to 639.2176, inclusive, which must includethe methods of determining accredited programs, the number of hours ofcontinuing professional education necessary to constitute a continuingeducation unit, the number of units required of each pharmacist during theperiod for which a certificate is issued and such other regulations consistentwith NRS 639.2171 to 639.2176, inclusive, as the Board maydetermine to be necessary.

(Added to NRS by 1973, 976; A 1975, 1312; 1979, 1690;1985, 882; 1995, 291)

PHARMACIES

NRS 639.220 Registeredpharmacist to be in charge of pharmacy; exceptions; managing pharmacists.

1. Except as otherwise provided in NRS 639.2324, 639.2326 and 639.2327, each pharmacy must be managed bya registered pharmacist, approved by the Board, who is responsible forcompliance by the pharmacy and its personnel with all state and federal lawsand regulations relating to the operation of the pharmacy and the practice ofpharmacy.

2. Except as otherwise provided in NRS 639.2321, if the managing pharmacistis the only registered pharmacist employed in the pharmacy, the Board may authorizehis absence each day for a total period of not to exceed 2 hours for thepurpose of taking meals if:

(a) A registered pharmacist is on call during hisabsence;

(b) A sign, as prescribed by regulations of the Board,is posted for public view in the pharmacy indicating the absence of thepharmacist and the hours of his absence; and

(c) All drugs, poisons, chemical and restricted devicesare kept safe in a manner prescribed by regulations of the Board.

Theauthorization required from the Board must be in writing and be retained in thepharmacy and available for inspection.

3. Except as otherwise provided in this subsection:

(a) A person shall not act as a managing pharmacist formore than one licensed pharmacy.

(b) Each managing pharmacist shall be on duty in thepharmacy and active in the management of the pharmacy full-time, but he neednot be present during the time the pharmacy is open for business if hedesignates another pharmacist employed in the pharmacy to assume his duties inhis absence.

(c) The managing pharmacist is responsible for theactivities of his designee.

A waiverfrom the limitation set forth in paragraph (a) may be granted by the Board tothe managing pharmacist of a pharmacy located in a hospital with fewer than 100beds or in a correctional institution housing fewer than 1,500 inmates.

4. The Board must be notified before there is a changein 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)

NRS 639.230 Licenses:Operation without license prohibited; conditions and limitations on issuance oflicense; duties upon change of partners or corporate officers; additionalrequirement for renewal; grounds for suspension or revocation; certain Canadianpharmacies not prohibited from providing prescription drugs through mail orderservice.

1. A personoperating a business in this State shall not use the letters Rx or RX orthe word drug or drugs, prescription or pharmacy, or similar words orwords of similar import, without first having secured a license from the Board.

2. Eachlicense must be issued to a specific person and for a specific location and isnot transferable. The original license must be displayed on the licensed premisesas provided in NRS 639.150. The originallicense and the fee required for reissuance of a license must be submitted tothe Board before the reissuance of the license.

3. If the owner of a pharmacy is a partnership orcorporation, any change of partners or corporate officers must be reported tothe Board at such a time as is required by a regulation of the Board.

4. Except as otherwise provided in subsection 6, inaddition to the requirements for renewal set forth in NRS 639.180, every person holding a licenseto operate a pharmacy must satisfy the Board that the pharmacy is conductedaccording to law.

5. Any violation of any of the provisions of thischapter by a managing pharmacist or by personnel of the pharmacy under thesupervision of the managing pharmacist is cause for the suspension orrevocation of the license of the pharmacy by the Board.

6. The provisions of this section do not prohibit aCanadian pharmacy which is licensed by the Board and which has been recommendedby the Board pursuant to subsection 4 of NRS639.2328 for inclusion on the Internet website established and maintainedpursuant to subsection 9 of NRS 223.560from providing prescription drugs through mail order service to residents ofNevada in the manner set forth in NRS639.2328 to 639.23286, inclusive.

[24:286:1913; added 1947, 667; A 1951, 290](NRS A1967, 1649; 1973, 779; 1979, 1691; 1985, 883; 1991, 1950; 1993, 633; 1999, 244; 2001, 1632; 2003, 2287; 2005, 22ndSpecial Session, 153)

NRS 639.231 Applicationfor and issuance of license.

1. An application to conduct a pharmacy must be madeon a form furnished by the Board and must state the name, address, usualoccupation and professional qualifications, if any, of the applicant. If theapplicant is other than a natural person, the application must state suchinformation as to each person beneficially interested therein.

2. As used in subsection 1, and subject to theprovisions of subsection 3, the term person beneficially interested means:

(a) If the applicant is a partnership or otherunincorporated association, each partner or member.

(b) If the applicant is a corporation, each of itsofficers, directors and stockholders, provided that no natural person shall bedeemed to be beneficially interested in a nonprofit corporation.

3. If the applicant is a partnership, unincorporatedassociation or corporation and the number of partners, members or stockholders,as the case may be, exceeds four, the application must so state, and must listeach of the four partners, members or stockholders who own the four largestinterests in the applicant entity and state their percentages of interest. Uponrequest of the Executive Secretary of the Board, the applicant shall furnishthe Board with information as to partners, members or stockholders not named inthe application or shall refer the Board to an appropriate source of such information.

4. The completed application form must be returned tothe Board with the fee prescribed by the Board, which may not be refunded. Anyapplication which is not complete as required by the provisions of this sectionmay not be presented to the Board for consideration.

5. Upon compliance with all the provisions of thissection and upon approval of the application by the Board, the ExecutiveSecretary shall issue a license to the applicant to conduct a pharmacy. Anyother provision of law notwithstanding, such a license authorizes the holder toconduct a pharmacy and to sell and dispense drugs and poisons and devices andappliances that are restricted by federal law to sale by or on the order of aphysician.

(Added to NRS by 1967, 1656; A 1979, 1692; 1993,1221; 2003, 2288)

NRS 639.232 Limitationson issuance of licenses.

1. The Board shall not issue a license to conduct apharmacy:

(a) To any practitioner; or

(b) To any partnership, corporation or association inwhich a practitioner has a controlling interest or owns more than 10 percent ofthe available stock.

2. This section does not:

(a) Apply to a hospital pharmacy or a healthmaintenance organization which holds a certificate of authority under chapter 695C of NRS.

(b) Prohibit ownership by a practitioner of a buildingin which a pharmacy is located, if space for the pharmacy is rented at theprevailing rate.

(Added to NRS by 1967, 1656; A 1969, 909; 1979, 1692;1985, 884)

NRS 639.2321 Nuclearpharmacy: Direct supervision of preparation and distribution ofradiopharmaceuticals required; qualifications of managing pharmacist; nuclearpharmacist required on premises.

1. Any person who prepares or distributesradiopharmaceuticals must be under the direct supervision of a nuclearpharmacist.

2. The managing pharmacist of a nuclear pharmacy mustbe a nuclear pharmacist.

3. A nuclear pharmacist must be on the premises duringthe hours a nuclear pharmacy is open for business.

(Added to NRS by 1989, 1750; A 1995, 292)

NRS 639.2322 Nuclearpharmacy: Oral orders; prohibition on refill of prescription forradiopharmaceutical.

1. Except as otherwise provided in subsection 2, amanaging pharmacist of a nuclear pharmacy may delegate to any person, under hisdirect supervision, the authority to accept oral orders from a practitioner orhis designated agent.

2. An oral order may be used for a radiopharmaceuticalwhich is not prescribed for a specific patient. An oral order which isdesignated for a specific patient must be accepted only by a nuclear pharmacistor registered intern acting under the direct supervision of a nuclearpharmacist.

3. A prescription for a radiopharmaceutical must notbe refilled.

4. As used in this section, designated agent means aperson who is authorized to communicate a practitioners instructions to anuclear pharmacy.

(Added to NRS by 1989, 1750)

NRS 639.2324 Institutionalpharmacies: Requirements for operation.

1. The operation of an institutional pharmacy mustmeet the following requirements:

(a) In a hospital with 100 or more beds, the pharmacymust be under the continuous supervision of a pharmacist during the time it isopen for pharmaceutical services.

(b) In a hospital with less than 100 beds, the servicesof a pharmacist may be on less than a full-time basis, depending upon the needsof the institution, and pursuant to the regulations and recommendations of theState Board of Pharmacy and the person charged with the administration andcontrol of the institution.

(c) In the absence of a pharmacist from the pharmacy, anurse or practitioner designated by the pharmacist may obtain from the pharmacysuch necessary quantities of drugs to administer to a patient until thepharmacy reopens as are ordered by a medical practitioner and needed by apatient in an emergency.

2. The pharmacist in charge of the institutionalpharmacy shall initiate procedures to provide for administration and technicalguidance in all matters pertaining to the acquiring, stocking, recordkeeping anddispensing of drugs and devices.

(Added to NRS by 1973, 811; A 1977, 1281; 1987, 1652;1991, 1951)

NRS 639.2326 Pharmaciesin correctional institutions: Supervision by prescribing practitioner orlicensed pharmacy; security; records.

1. Except as otherwise provided in NRS 639.2327, a pharmacy in a correctionalinstitution which is used mainly for storage and from which controlledsubstances and dangerous drugs and devices are administered must be supervisedby a prescribing practitioner or a licensed pharmacy.

2. The practitioner or a registered pharmacist neednot be present at the times the pharmacy is open, but is responsible for thesecurity 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 anycontrolled substance, dangerous drug or device is administered or ordered forstock.

(Added to NRS by 1983, 1504; A 1987, 1652)

NRS 639.2327 Maintenanceof stocks of drugs by certain facilities. Afacility for intermediate care or facility for skilled nursing which islicensed as such by the Health Division of the Department of Health and HumanServices and is registered with the Board pursuant to this chapter may maintaina stock of drugs for emergency treatment of inpatients, subject to thefollowing conditions:

1. The Board shall by regulation determine thespecific drugs and the quantities thereof which may be maintained.

2. The emergency stock of drugs must be maintained atall times in a solid, sealed container and the seal must remain intact exceptwhen 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 thepremises of the facility.

3. All drugs delivered to a facility must be signedfor by the nurse or other person in charge. An inventory of the stock of drugsmust be appended to the sealed container. Immediately after the drugs areneeded, the physician or registered nurse who breaks the seal shall enter onthe 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 tobe used;

(c) The name of the patients physician or thephysician 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 sealedcontainer.

4. When the drugs have been removed and theinformation required by subsection 3 has been entered on the inventory, thephysician or registered nurse shall immediately replace the container in alocked compartment and shall notify the pharmaceutical consultant, as soon asit is practical to do so, that the container has been opened.

5. The sealed container and its contents at all timesremain the responsibility of the pharmaceutical consultant. Upon being notifiedthat the sealed container has been opened, or on the next business day ifnotification is not received during business hours, but in no event more than48 hours following receipt of the notification, the pharmaceutical consultantshall:

(a) Examine the inventory sheet;

(b) Replace the drugs removed;

(c) Secure a written prescription for the drugsreplaced, if one is required by law;

(d) Enter the name and quantity of the drugs soreplaced on the inventory sheet, together with the date and time ofreplacement;

(e) Reseal the container; and

(f) Sign the inventory sheet.

6. No person other than a licensed physician orregistered nurse may open the container or remove any drugs from the container.

7. The Board, its agents and inspectors may at alltimes have access to the premises of the facility to determine compliance withthis section.

(Added to NRS by 1973, 633, 1406; A 1975, 1313; 1985,1768)

NRS 639.23275 Deliveryof controlled substance or dangerous drug to hospital, facility forintermediate care or facility for skilled nursing which does not have pharmacyon premises.

1. Except as otherwise provided in NRS 453.256, no pharmacy may deliver acontrolled substance or dangerous drug for a specific patient to a hospital,facility for intermediate care or facility for skilled nursing which islicensed as such by the Health Division of the Department of Health and HumanServices which does not have a pharmacy on the premises except pursuant to aprescription given:

(a) Directly from the prescribing practitioner to apharmacist;

(b) Indirectly by means of an order signed by theprescribing practitioner; or

(c) By an oral order transmitted by an agent of theprescribing practitioner.

2. If an order for entry on a chart is given by aprescribing practitioner, the chart order must be signed by the practitionerwho authorized the administration of the drug within 48 hours after the orderis given by that practitioner.

(Added to NRS by 1995, 287)

NRS 639.23279 Pharmacylocated outside Nevada that provides mail order service to a resident ofNevada defined. For the purposes of NRS 639.23279 to 639.23286, inclusive, a pharmacy locatedoutside Nevada that provides mail order service to a resident of Nevadaincludes any person who sells or offers to sell drugs to persons in this Statevia the Internet.

(Added to NRS by 2001, 1631)

NRS 639.2328 Pharmacylocated outside Nevada: Licensing; requirements; notice of licensing ofCanadian pharmacy; recommendation that licensed Canadian pharmacy be includedon website.

1. Every pharmacy located outside Nevada that providesmail order service to or solicits or advertises for orders for drugs availablewith a prescription from a resident of Nevada must be licensed by the Board.

2. To be licensed or to renew a license, such apharmacy must:

(a) Be licensed as a pharmacy, or the equivalent, bythe 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 theBoard.

(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 themanaging pharmacist; and

(4) Any other information the Board deemsnecessary.

(e) Pay the fee required by regulation of the Board.

(f) Submit evidence satisfactory to the Board that thefacility, records and operation of the pharmacy comply with the laws andregulations of the state or country in which the pharmacy is located.

(g) Submit certification satisfactory to the Board thatthe pharmacy complies with all lawful requests and directions from theregulatory board or licensing authority of the state or country in which thepharmacy 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 anInternet 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 ConsumerHealth Assistance each time the Board licenses a Canadian pharmacy pursuant tothis section and recommend that the Office for Consumer Health Assistanceinclude each such pharmacy on the Internet website established and maintainedpursuant to subsection 9 of NRS 223.560.

(Added to NRS by 1991, 1156; A 2001, 1068, 1632; 2003, 19; 2005, 22ndSpecial Session, 154)

NRS 639.23282 Pharmacylocated outside Nevada: Considerations required by Board before issuinglicense. Before issuing a license to apharmacy located outside Nevada that provides mail order service to a residentof Nevada, the Board shall consider:

1. The qualifications and credentials of theapplicant; and

2. Any suspension or revocation of a license orrestriction on a license held by the applicant.

(Added to NRS by 1991, 1156; A 2001, 1633)

NRS 639.23284 Pharmacylocated outside Nevada: Requirements to provide mail order service;restrictions on Canadian pharmacies.

1. Every pharmacy located outside Nevada that providesmail order service to a resident of Nevada:

(a) Shall report to the Board any change of informationthat appears on its license and pay the fee required by regulation of theBoard.

(b) Shall make available for inspection all pertinentrecords, reports, documents or other material or information required by theBoard.

(c) As required by the Board, must be inspected by theBoard or:

(1) The regulatory board or licensing authorityof the state or country in which the pharmacy is located; or

(2) The Drug Enforcement Administration.

(d) As required by the Board, shall provide thefollowing 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 ofsubsection 1, every Canadian pharmacy which is licensed by the Board and whichhas been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internetwebsite established and maintained pursuant to subsection 9 of NRS 223.560 that provides mail orderservice to a resident of Nevada shall not sell, distribute or furnish to aresident of this State:

(a) A controlled substance;

(b) A prescription drug that has not been approved bythe Federal Food and Drug Administration;

(c) A generic prescription drug that has not beenapproved by the Federal Food and Drug Administration;

(d) A prescription drug for which the Federal Food andDrug Administration has withdrawn or suspended its approval; or

(e) A quantity of prescription drugs at one time thatincludes more drugs than are prescribed to the patient as a 3-month supply ofthe drugs.

(Added to NRS by 1991, 1156; A 2001, 1633; 2005, 22ndSpecial Session, 154)

NRS 639.23286 Pharmacylocated outside Nevada: Substitution of drug; toll-free telephone service. A pharmacy located outside Nevada that provides mail orderservice to a resident of Nevada:

1. May substitute a drug if the substitution is madein accordance with the provisions of the laws and regulations of the state orcountry in which the pharmacy is located.

2. Shall provide a toll-free telephone service for itscustomers to a pharmacist who has access to the records of the customers fromNevada. The telephone service must be available for not less than 5 days perweek and for at least 40 hours per week. The telephone number must be disclosedon the label attached to each container of drugs dispensed to a resident ofNevada.

(Added to NRS by 1991, 1157; A 1995, 292; 2001, 1633)

NRS 639.23288 Internetpharmacy: Certification required; regulations; list of approved Internetpharmacies.

1. In addition to the requirements set forth in thischapter and any other specific statute, an Internet pharmacy located:

(a) Within this State, shall not fill or refill aprescription or otherwise engage in the practice of pharmacy for a personlocated within or outside this State unless the Internet pharmacy is certifiedby the Board.

(b) Outside this State, shall not fill or refill aprescription or otherwise engage in the practice of pharmacy for a personlocated within this State unless the Internet pharmacy is certified by theBoard.

2. The Board shall adopt regulations prescribingstandards for certifying an Internet pharmacy. The standards adopted by theBoard may be based upon standards adopted by the National Association of Boardsof Pharmacy or some other association or organization that provides standardsfor certifying an Internet pharmacy.

3. The Board shall post on a website or other Internetsite that is operated or administered by or on behalf of the Board:

(a) A list of Internet pharmacies certified by theBoard; and

(b) Any other information relating to Internetpharmacies that the Board deems relevant.

(Added to NRS by 2001, 1067)

LICENSING OF PERSONS ENGAGED IN BUSINESS OF FURNISHINGDRUGS, DEVICES OR APPLIANCES

NRS 639.233 Licenserequired.

1. Any person, including a wholesaler or manufacturer,who engages in the business of wholesale distribution or furnishing controlledsubstances, poisons, drugs, devices or appliances that are restricted byfederal law to sale by or on the order of a physician to any person locatedwithin this State shall obtain a license pursuant to the provisions of thischapter.

2. For the purpose of this section, a person isengaged in the business of furnishing if he:

(a) Solicits or accepts orders for drugs or deviceswhose sale in this State is restricted by this chapter or chapter 453 or 454of 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)

NRS 639.234 Records:Consent to inspection; copying and removal; duty to furnish copies upon demand;designation of out-of-state representative of Board; administrative penalties.

1. The acceptance of a license issued pursuant to NRS 639.233 constitutes a consent by thelicensee to the inspection, copying and removal for copying of his recordsmaintained inside and outside this state by any authorized representative ofthe Board.

2. If such a licensee is not a resident of this stateand does not maintain records within this state of his shipments of controlledsubstances, poisons or drugs or devices or appliances that are restricted byfederal law to sale by or on the order of a physician to persons in this statehe shall, on receipt of a written demand from the Executive Secretary of theBoard, furnish a true copy of the records to the Board.

3. The Board may authorize as its representative anymember or representative of the board of pharmacy or similar agency of thestate in which the records are located.

4. The failure to furnish a true copy of the requiredrecords or the refusal to permit their inspection is a ground for suspension ofand 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)

NRS 639.2345 Saleof veterinary drugs: Permit required; regulations; exemption.

1. Any person who engages in the sale of veterinaryprescription or nonprescription drugs must obtain a permit from the Board. TheBoard shall adopt regulations specifying the fee for the permit, requirementsfor the refrigeration and storage of drugs and other matters relating to thepermit.

2. The provisions of subsection 1 do not apply to aregistered pharmacist or any person licensed to practice veterinary medicine inthis state.

(Added to NRS by 1977, 1355; A 1991, 1951)

PRESCRIPTIONS

NRS 639.235 Personsauthorized to prescribe and write prescriptions; procedure for filling certainprescriptions written by persons not licensed in this State.

1. No person other than a practitioner holding alicense to practice his profession in this State may prescribe or write aprescription, except that a prescription written by a person who is notlicensed to practice in this State, but is authorized by the laws of anotherstate to prescribe, shall be deemed to be a legal prescription unless theperson 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 personwho is not licensed to practice in this State, but is authorized by the laws ofanother state to prescribe, calls for a controlled substance listed in:

(a) Schedule II, the registered pharmacist who is tofill the prescription shall establish and document that the prescription isauthentic and that a bona fide relationship between the patient and the personprescribing the controlled substance did exist when the prescription waswritten.

(b) Schedule III or IV, the registered pharmacist whois to fill the prescription shall establish that the prescription is authenticand that a bona fide relationship between the patient and the personprescribing the controlled substance did exist when the prescription waswritten. This paragraph does not require the registered pharmacist to inquireinto such a relationship upon the receipt of a similar prescription subsequentlyissued for that patient.

3. A pharmacist who fills a prescription described insubsection 2 shall record on the prescription or in the prescription record inthe pharmacys computer:

(a) The name of the person with whom he spokeconcerning the prescription;

(b) The date and time of the conversation; and

(c) The date and time the patient was physicallyexamined by the person prescribing the controlled substance for which theprescription was issued.

4. For the purposes of subsection 2, a bona fiderelationship between the patient and the person prescribing the controlledsubstance shall be deemed to exist if the patient was physically examined bythe person prescribing the controlled substances within the 6 monthsimmediately 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)

NRS 639.23505 Conditionsand limitations on practitioner dispensing controlled substances or dangerousdrugs. A practitioner shall not dispense for humanconsumption any controlled substance or dangerous drug if he charges a patientfor that substance or drug, either separately or together with charges forother professional services:

1. Unless the practitioner first applies for and obtainsa 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)

NRS 639.2351 Prescriptionby advanced practitioner of nursing; certification by State Board of Pharmacy.

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 ofNursing in a certificate issued by that Board; and

(b) Applies for and obtains a certificate ofregistration from the State Board of Pharmacy and pays the fee set by aregulation adopted by the Board.

2. The State Board of Pharmacy shall consider eachapplication 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 ofNursing.

(Added to NRS by 1983, 1218; A 1987, 949; 1991, 792,1952; 2001, 408)

NRS 639.2353 Transmissionof prescription to pharmacist; contents of written prescription; specificdirections for use; requirements for written prescription; authentication ofprescription given by electronic transmission. Exceptas 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 thepractitioner;

(c) By an oral order transmitted by an agent of thepractitioner; or

(d) Except as otherwise provided in subsection 5, byelectronic transmission or transmission by a facsimile machine, including,without limitation, transmissions made from a facsimile machine to anotherfacsimile machine, a computer equipped with a facsimile modem to a facsimilemachine or a computer to another computer, pursuant to the regulations of theBoard.

2. A written prescription must contain:

(a) Except as otherwise provided in this section, thename and signature of the practitioner, 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 drugprescribed;

(e ) Directionsfor use; and

(f) The date of issue.

3. The directions for use must be specific in thatthey indicate the portion of the body to which the medication is to be appliedor, 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.

4. Each written prescription must be written in such amanner that any registered pharmacist would be able to dispense it. Aprescription must be written in Latin or English and may include any character,figure, cipher or abbreviation which is generally used by pharmacists andpractitioners in the writing of prescriptions.

5. A prescription for a controlled substance must notbe given by electronic transmission or transmission by a facsimile machineunless authorized by federal law.

6. A prescription that is given by electronictransmission is not required to contain the signature of the practitioner if:

(a) It contains a facsimile signature, security code orother mark that uniquely identifies the practitioner; or

(b) A voice recognition system, biometricidentification technique or other security system approved by the Board is usedto 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)

NRS 639.2355 Practitionerliable for prescription transmitted by agent. Apractitioner is liable for any order for a prescription which his agent orallytransmits to a pharmacist.

(Added to NRS by 1979, 342; A 1979, 1696; 1983, 1104)

NRS 639.2357 Transferof prescription to another pharmacist upon request of patient.

1. Upon the request of a patient, a registeredpharmacist shall transfer a prescription for the patient to another registeredpharmacist.

2. A registered pharmacist who transfers a prescriptionpursuant to subsection 1 shall comply with any applicable regulations adoptedby the Board relating to the transfer.

3. The provisions of this section do not authorize orrequire 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 thepatient is a party to that contract.

(Added to NRS by 2005, 180, 2746)

NRS 639.236 Numberingand filing of prescriptions; inspection of files.

1. All prescriptions filled by a practitioner must beserially numbered and filed in the manner prescribed by regulation of theBoard. Prescriptions for controlled substances listed in schedule II must befiled separately from other prescriptions or in a readily retrievable manner asthe Board may provide by regulation. All prescriptions must be retained on filefor at least 2 years.

2. Each prescription on file must bear the date onwhich it was originally filled and be personally signed or initialed by theregistered pharmacist or practitioner who filled it.

3. Files of prescriptions are open to inspection bymembers, inspectors and investigators of the Board and by inspectors of theFood and Drug Administration and agents of the Investigation Division of theDepartment 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)

NRS 639.238 Prescriptionsnot public records; pharmacists not to divulge contents; exceptions; procedurefor providing copy of prescription to authorized persons and other pharmacists.

1. Prescriptions filled and on file in a pharmacy arenot a public record. Except as otherwise provided in NRS 639.2357, a pharmacist shall notdivulge the contents of any prescription or provide a copy of any prescription,except to:

(a) The patient for whom the original prescription wasissued;

(b) The practitioner who originally issued theprescription;

(c) A practitioner who is then treating the patient;

(d) A member, inspector or investigator of the Board oran inspector of the Food and Drug Administration or an agent of theInvestigation Division of the Department of Public Safety;

(e) An agency of state government charged with theresponsibility of providing medical care for the patient;

(f) An insurance carrier, on receipt of writtenauthorization signed by the patient or his legal guardian, authorizing therelease of such information;

(g) Any person authorized by an order of a districtcourt;

(h) Any member, inspector or investigator of aprofessional licensing board which licenses a practitioner who ordersprescriptions filled at the pharmacy;

(i) Other registered pharmacists for the limitedpurpose of and to the extent necessary for the exchange of information relatingto persons who are suspected of:

(1) Misusing prescriptions to obtain excessiveamounts of drugs; or

(2) Failing to use a drug in conformity with thedirections for its use or taking a drug in combination with other drugs in amanner that could result in injury to that person; or

(j) A peace officer employed by a local government forthe limited purpose of and to the extent necessary:

(1) For the investigation of an alleged crimereported by an employee of the pharmacy where the crime was committed; or

(2) To carry out a search warrant or subpoenaissued pursuant to a court order.

(k) A county coroner, medical examiner or investigatoremployed 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 controlledsubstance or a dangerous drug as defined in chapter454 of NRS that is issued to a county coroner, medical examiner orinvestigator employed by an office of a county coroner must be limited to acopy of the prescription filled or on file for:

(a) The person whose name is on the container of thecontrolled substance or dangerous drug that is found on or near the body of adeceased person; or

(b) The deceased person whose cause of death is beingdetermined.

3. Except as otherwise provided in NRS 639.2357, any copy of a prescriptionfor a controlled substance or a dangerous drug as defined in chapter 454 of NRS, issued to a person authorizedby this section to receive such a copy, must contain all of the informationappearing on the original prescription and be clearly marked on its face Copy,Not RefillableFor Reference Purposes Only. The copy must bear the name orinitials of the registered pharmacist who prepared the copy.

4. If a copy of a prescription for any controlledsubstance or a dangerous drug as defined in chapter454 of NRS is furnished to the customer, the original prescription must bevoided and notations made thereon showing the date and the name of the personto whom the copy was furnished.

5. As used in this section, peace officer does notinclude:

(a) A member of the Police Department of the NevadaSystem of Higher Education.

(b) A school police officer who is appointed oremployed 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)

NRS 639.239 Removalof original prescriptions from file; substitution of copies. Members, inspectors and investigators of the Board,inspectors of the Food and Drug Administration, agents of the InvestigationDivision of the Department of Public Safety and peace officers described inparagraph (j) of subsection 1 of NRS 639.238may remove any record required to be retained by state or federal law orregulation, including any prescription contained in the files of apractitioner, if the record in question will be used as evidence in a criminalaction, civil action or an administrative proceeding, or contemplated action orproceeding. The person who removes a record pursuant to this section shall:

1. Affix the name and address of the practitioner tothe back of the record;

2. Affix his initials, cause an agent of thepractitioner to affix his initials and note the date of the removal of therecord on the back of the record;

3. Affix the name of the agency for which he isremoving the record to the back of the record;

4. Provide the practitioner with a receipt for therecord; and

5. Return a photostatic copy of both sides of therecord 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

NRS 639.2392 Controlledsubstance or dangerous drug: Records.

1. A record of each refill of any prescription for acontrolled substance or dangerous drug or any authorization to refill such aprescription 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 whorefilled the prescription or obtained the authorization to refill.

(Added to NRS by 1995, 288)

NRS 639.2393 Controlledsubstance or dangerous drug: Limitations.

1. Any prescription for a controlled substance,regardless of the authorization to refill given by the prescribingpractitioner, must not be refilled more than five times or after 6 months haveelapsed from the date it was originally issued and may be refilled only inkeeping with the number of doses ordered and the directions for use.

2. Any prescription for a dangerous drug, regardlessof the authorization to refill given by the prescribing practitioner, must notbe refilled after 1 year has elapsed from the date it was originally issued andmay be refilled only in keeping with the number of doses ordered and thedirections for use.

3. If no authorization to refill is given by theprescribing practitioner, or if the prescription is refillable and has beenrefilled for the number of times or for the period set forth in subsection 1 or2, the original prescription is invalid and a new prescription must be obtainedand placed in the prescription file.

(Added to NRS by 1995, 289)

NRS 639.2394 Controlledsubstance or dangerous drug: Exercise of judgment by pharmacist. In the absence of specific authorization to refill, whenthe refilling of a prescription calling for a controlled substance or dangerousdrug needed for the continuation of a treatment of a chronic or continuingillness is considered necessary and the pharmacist is unable to communicatewith the prescribing practitioner, the pharmacist may, if in his professionaljudgment he feels that the controlled substance or dangerous drug should beprovided for the patient, furnish a sufficient supply of the medication toprovide for the continuation of treatment until such time as he can communicatewith the prescribing practitioner personally.

(Added to NRS by 1995, 289)

NRS 639.2396 Specificauthorization. A prescription which bearsspecific authorization to refill, given by the prescribing practitioner at thetime he issued the original prescription, or a prescription which bearsauthorization permitting the pharmacist to refill the prescription as needed bythe patient, may be refilled for the number of times authorized or for theperiod authorized if it was refilled in accordance with the number of dosesordered and the directions for use.

(Added to NRS by 1995, 289)

NRS 639.2397 Rescissionof authorization. Any authorization to refilla prescription issued pursuant to the provisions of NRS 639.2393 to 639.2397, inclusive, may be rescinded atany time after that authorization is given, by the original practitioner or byanother practitioner acting in his behalf or by another practitioner who iscaring for the patient for whom the original prescription was issued, by notifyingthe pharmacy in which the prescription was filled orally or in writing.

(Added to NRS by 1995, 289)

ADMINISTRATIVE PROCEEDINGS

NRS 639.241 Accusation:Form, contents and signature.

1. A hearing to determine whether the rights andprivileges granted by any certificate, certification, license or permit issuedby the Board should be revoked, suspended, limited or conditioned must beinitiated by the filing of an accusation by the Board. The action must beentitled: The Nevada State Board of Pharmacy v. (insert the name of the partywhose certificate, license or permit is involved), who must be designatedRespondent.

2. The accusation is a written statement of thecharges alleged and must set forth in ordinary and concise language the acts oromissions with which the respondent is charged to the end that the respondentwill be able to prepare his defense. The accusation must specify the statutesand regulations which the respondent is alleged to have violated, but must notconsist merely of charges phrased in language of the statute or regulation. Theaccusation must be signed by the Executive Secretary of the Board acting in hisofficial capacity.

(Added to NRS by 1967, 1658; A 1979, 1694; 2003, 2291)

NRS 639.242 Serviceon respondent of copies of accusation, statement and forms for Notice ofDefense.

1. After filing the accusation, the ExecutiveSecretary of the Board shall cause a copy thereof, together with one copy ofthe Statement to Respondent and three copies of the form of the Notice ofDefense, to be served on the respondent.

2. Service may be by personal service or byfirst-class registered or certified mail addressed to the respondent at hislast address of record, or by mail to his attorney of record. Proof of servicemust be retained and made a part of the case record.

(Added to NRS by 1967, 1658; A 2003, 2291)

NRS 639.243 Statementto Respondent: Contents. The statement,entitled Statement to the Respondent, shall be worded so as to inform therespondent:

1. That an accusation has been filed.

2. Of his right to a hearing before the Board toanswer to the alleged violations and to submit evidence in his own behalf ifrequested by the filing of two copies of the Notice of Defense within 15 daysafter receipt of the accusation.

(Added to NRS by 1967, 1658)

NRS 639.244 Noticeof Defense: Form; effect of failure to file.

1. The form for the Notice of Defense must be preparedand furnished by the Board and permit the respondent, by completing and signingthe notice, to:

(a) Object to the accusation as being incomplete andfailing to set forth clearly the charges; and

(b) Deny or admit, in part or in whole, the violationsalleged.

2. The Notice of Defense must be signed by therespondent or his attorney under penalty of perjury. Failure to file a Noticeof Defense constitutes a waiver of the respondents right to a hearing, but theBoard may grant a hearing.

(Added to NRS by 1967, 1658; A 2003, 2292)

NRS 639.2445 Physicalor mental examination of holder of certificate believed to be incompetent;competency hearing; probation for use of alcohol or drugs.

1. Whenever the Board believes that a holder of acertificate is or has become incompetent to practice pharmacy by reason of anyphysical or mental injury, illness or disability or by reason of chronic orexcessive use of alcohol or drugs, the Board may order that the holder of thecertificate submit to a physical or psychiatric examination, or both, at theexpense of the Board.

2. The Board shall designate a physician or apsychiatrist or both, as the case may be, to conduct the examination orexaminations of the holder of the certificate and furnish the Board and theholder of the certificate with a report of the findings. If the holder of thecertificate is dissatisfied with the findings, he may obtain an independentexamination and report at his own expense, not later than 10 days followingreceipt of the initial report.

3. Upon receipt of the findings the Board shallconduct a hearing to determine whether the holder of the certificate iscompetent to practice pharmacy. Except as provided in subsection 4, if theBoard finds that he is not competent to practice pharmacy, it shall order animmediate suspension of his right to practice pharmacy, and the suspensionremains in effect until the Board determines that a certificate may bereinstated.

4. The Board may place on probation a holder of acertificate who is not competent to practice pharmacy by reason of chronic orexcessive use of alcohol or drugs if he voluntarily enters and completes aprogram of treatment approved by the Board and complies with any otherconditions imposed by the Board.

(Added to NRS by 1975, 1306; A 1987, 949)

NRS 639.245 Noticeof hearing. Whenever a hearing has beengranted by the Board, the Executive Secretary of the Board shall serve noticeon 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 within30 days after receiving the report. Service may be effected in the same manneras provided in NRS 639.242.

(Added to NRS by 1967, 1659; A 1993, 794; 2003, 2292)

NRS 639.246 Subpoenas.

1. The Executive Secretary of the Board shall issuesubpoenas for the production of witnesses, documents or papers, in accordancewith statutory provisions, at the request of any party to a hearing or forpurposes of an investigation or other matter under inquiry by the Board.

2. Witnesses appearing pursuant to a subpoena mustreceive expenses and witness fees in the amounts and under the samecircumstances as prescribed by law for witnesses in civil actions. The expensesand fees must be paid in full by the party at whose request the witness issubpoenaed.

3. Subpoenas must be served in the same manner asprescribed by law for the service of subpoenas in civil actions. If any personfails to comply with a subpoena within 10 days after its issuance, thePresident of the Board, or the Executive Secretary of the Board at thedirection of the President, may petition the district court for an order of thecourt compelling compliance with the subpoena.

4. Upon such a petition, the court shall enter anorder directing the person subpoenaed to appear before the court at a time andplace to be fixed by the court in its order, the time to be not more than 10days after the date of the order, and then and there to show cause why he hasnot complied with the subpoena. A certified copy of the order must be servedupon the person.

5. If it appears to the court that the subpoena wasregularly issued by the Board, the court shall enter an order compellingcompliance with the subpoena. Failure to obey the order constitutes contempt ofcourt.

(Added to NRS by 1967, 1659; A 1993, 634; 2003, 2292)

NRS 639.247 Hearing:Procedure.

1. Any hearing held for the purpose of suspending orrevoking any certificate, certification, license or permit must be conductedpublicly by the Board. The hearing must be presided over by a member of theBoard or his designee and three members constitute a quorum. Any decision bythe Board requires the concurrence of at least three members. The proceedingsof 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 presidingat the hearing or the Executive Secretary of the Board may administer oaths oraffirmations. Continuances and adjournments may be ordered, or may be granted,by the member or his designee presiding, for cause shown and by orallynotifying those persons present of the time and place at which the hearing willbe continued.

(Added to NRS by 1967, 1659; A 1973, 782; 1977, 1282;1981, 101; 1987, 950; 2003,2292)

NRS 639.248 Hearing:Use of hearsay evidence. Hearsay evidence maybe admitted for the purpose of supplementing or explaining any direct evidencebut is not sufficient in itself to support a finding.

(Added to NRS by 1967, 1659; A 1977, 91)

NRS 639.2485 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records; disclosure of certain informationrelating to dangerous drugs and controlled substances; duties of Board uponrequest or subpoena for records or information.

1. Except as otherwise provided in this section, anyrecords or information obtained during the course of an investigation by theBoard and any record of the investigation are confidential.

2. The complaint or other document filed by the Boardto initiate disciplinary action and all documents and information considered bythe Board when determining whether to impose discipline are public records.

3. The Board may disclose to a practitioner and a lawenforcement agency information concerning a person who procures or attempts toprocure any dangerous drug or controlled substance in violation of NRS 453.391 or 454.311.

4. If the Board receives a request or subpoena forrecords or information obtained during an investigation by the Board and therecords or information is not made public pursuant to subsection 2, the Boardshall notify the person regarding whom the investigation was made of therequest or subpoena. If that person does not consent in writing to the releaseof the records or information, the Board may release the records or informationonly upon the order of a court of competent jurisdiction.

(Added to NRS by 1989, 1568; A 1991, 1952; 1995, 294;2003, 3454)

NRS 639.249 Contempt. If any person in proceedings before the Board disobeys orresists any lawful order or refuses to respond to a subpoena, or refuses totake 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 toobstruct the proceeding, the Board shall certify the facts to the districtcourt of the county where the proceeding is being conducted. The court shallthereupon issue an order directing the person to appear before the court andshow cause why he should not be punished as for contempt. The order and a copyof the certified statement shall be served on the person. Thereafter the courtshall have jurisdiction of the matter. The same proceedings shall be had, thesame penalties may be imposed and the person charged may purge himself of thecontempt in the same way, as in the case of a person who has committed acontempt in the trial of a civil action.

(Added to NRS by 1967, 1660)

NRS 639.251 Decision;order. Upon conclusion of the hearing or assoon as practicable thereafter and, in any event, within 30 days, the Boardshall make, enter and file its decision and shall make, enter and file itsorder based thereon. A copy of the order shall promptly be served on therespondent and his attorney of record, either personally or by registered orcertified mail. The order shall not become effective until at least 30 daysafter receipt by the respondent unless otherwise ordered by the Board.

(Added to NRS by 1967, 1660)

NRS 639.252 Rehearing.

1. If the respondent wishes to contest or appeal thedecision of the Board, the order or any part thereof, he may, not later than 10days after the time the order becomes effective, apply in writing to the Boardfor a rehearing. The application must set forth with particularity the part orparts of the decision or order to which the respondent objects and the basis ofthe objection.

2. The Executive Secretary of the Board shall, within10 days after receipt of a written application for rehearing, notify therespondent and his attorney of record in writing, by registered or certifiedmail, of his action, either granting or denying the application. If theapplication is granted, the notice must contain the date, time and place of therehearing. The rehearing must be held at the next regularly scheduled meetingof the Board. Granting of the application by the Executive Secretary does notserve as an automatic stay of execution of the order pending conclusion of therehearing.

(Added to NRS by 1967, 1660; A 2003, 2293)

NRS 639.253 Orderfollowing rehearing.

1. On conclusion of the rehearing the Board mayreaffirm the order previously adopted, or if new evidence is presented whichcontroverts, in whole or in part, the allegations on which the accusation wasbased and if the Board considers that such action would be in the publicinterest, the Board may reset or reduce the penalty ordered at the conclusionof the original hearing.

2. The Board shall make, enter and file its order atthe conclusion of the rehearing, or as soon thereafter as practicable, andcause a copy thereof to be served on the respondent and his attorney of recordwithin 30 days. The order shall not become effective until 30 days afterreceipt thereof by the respondent unless otherwise ordered by the Board.

(Added to NRS by 1967, 1660)

NRS 639.2535 Judicialreview.

1. Every order of the Board which limits the practiceof pharmacy or any privileges extended by any certificate, permit, registrationor license is effective until the date the order is modified or reversed by afinal judgment of the reviewing court.

2. The district court shall give a petition forjudicial review of the Boards order priority over other civil matters whichare not expressly given priority by law.

(Added to NRS by 1985, 875; A 1989, 1658)

NRS 639.255 Authorizeddisciplinary action; judicial review of such action; fines; private reprimandsprohibited; orders imposing discipline deemed public records.

1. The holder of any certificate, license or permitissued by the Board, whose default has been entered or who has been heard bythe Board and found guilty of the violations alleged in the accusation, may bedisciplined by the Board by one or more of the following methods:

(a) Suspending judgment;

(b) Placing the certificate, license or permit holderon probation;

(c) Suspending the right of a certificate holder topractice, or the right to use any license or permit, for a period to be determinedby the Board;

(d) Revoking the certificate, license or permit;

(e) Public reprimand; or

(f) Imposition of a fine for each count of theaccusation, in accordance with the schedule of fines established pursuant tosubsection 3.

2. Such action by the Board is final, except that thepropriety of such action is subject to review upon questions of law by a courtof competent jurisdiction.

3. The Board shall, by regulation, establish aschedule of fines that may be imposed pursuant to paragraph (f) of subsection1. Each fine must be commensurate with the severity of the applicableviolation, 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 findingsof 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)

NRS 639.2555 Suspensionof certificate or license for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of certificate or license. [Expires bylimitation 2 years after the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of acertificate of registration as a pharmacist, intern pharmacist, pharmaceuticaltechnician or pharmaceutical technician in training or a license issuedpursuant to NRS 639.233, the Board shalldeem the certificate of registration or license issued to that person to besuspended at the end of the 30th day after the date on which the court orderwas issued unless the Board receives a letter issued to the holder of thecertificate of registration or license by the district attorney or other publicagency pursuant to NRS 425.550 statingthat the holder of the certificate of registration or license has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Board shall reinstate a certificate ofregistration as a pharmacist, intern pharmacist, pharmaceutical technician orpharmaceutical technician in training or a license issued pursuant to NRS 639.233 that has been suspended by adistrict court pursuant to NRS 425.540if the Board receives a letter issued by the district attorney or other publicagency pursuant to NRS 425.550 to theperson whose certificate of registration or license was suspended stating thatthe person whose certificate of registration or license was suspended hascomplied with the subpoena or warrant or has satisfied the arrearage pursuantto NRS 425.560.

(Added to NRS by 1997, 2148; A 2003, 2293; 2005, 2807)

NRS 639.256 Automaticrestoration of suspended certificate, license or permit. A certificate, license or permit which has been suspendedfor a specified period of time must automatically be restored to good standingon the first day following the period of suspension. The Executive Secretary ofthe Board, when notifying the respondent of the penalty imposed by the Board,shall inform the respondent of the date on which the certificate, license orpermit will be so restored.

(Added to NRS by 1967, 1661; A 2003, 2293)

NRS 639.2565 Reinstatementof certificate suspended for incompetency.

1. A person whose certificate has been suspended bythe Board may petition the Board for reinstatement of the certificate.

2. After receipt of the petition, the Board shallconduct a hearing to determine whether the certificate should be reinstated.

3. If a hearing is held, the Board may consider theresults of its own investigation and any evidence pertaining to the competenceof the petitioner. An affirmative vote of a majority of Board members isnecessary to reinstate a certificate. The Board may require, prior toreinstatement, 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, theBoard may employ any expert witnesses considered necessary to determine thecompetency and ability of the petitioner.

5. If the Board orders restoration of suchcertificate, it may waive the requirements of NRS639.180, 639.190 and 639.2174.

(Added to NRS by 1975, 1306)

NRS 639.257 Reinstatementof revoked certificate, license or permit.

1. A person whose certificate, license or permit hasbeen revoked may petition the Board for reinstatement after a period of notless than 1 year has lapsed since the date of revocation.

2. The petition shall state such facts as may berequired by the Board and shall be heard by the Board at its next regularmeeting held not earlier than 30 days after the petition is filed. Suchpetition may be considered by the Board while the petitioner is under sentencefor any criminal offense, including any period during which he is on probationor parole, only if the Board members, by a majority vote, find that the publicinterest would best be served by such reinstatement.

3. In considering reinstatement the Board mayinvestigate and consider all activities of the petitioner since the time hisoriginal certificate, license or permit was issued, his ability, character andreputation. The affirmative vote of at least three members is necessary forreinstatement of a certificate, license or permit with or without terms,conditions and restrictions.

(Added to NRS by 1967, 1661)

NRS 639.2575 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and duties ofofficer or panel; appeals.

1. Any disciplinary action taken by a hearing officeror panel pursuant to NRS 639.081 issubject to the same procedural requirements which apply to disciplinary actionstaken by the Board, and the officer or panel has those powers and duties givento the Board in relation thereto.

2. A decision of the hearing officer or panel relatingto the imposition of a fine is a final decision in a contested case. Any partyaggrieved by a decision of the officer or panel to place the holder of acertificate, license or permit on probation, reprimand him or revoke or suspendhis certificate, license or permit may appeal that decision to the Board.

(Added to NRS by 1983, 1540)

NRS 639.2576 Immunityfrom civil action for assisting administrative proceeding. The Board or any other person who initiates or assists inany lawful investigation or administrative proceeding concerning the disciplineof a pharmacist is immune from any civil action for that initiation orassistance or any consequential damages, if the person acted without maliciousintent.

(Added to NRS by 1987, 948)

REGULATION OF TRADE PRACTICES

Substitution of Generic Drugs for Drugs Prescribed byBrand Name

NRS 639.2583 Generalrequirements governing substitution; procedure; limitations; applicability.

1. Except as otherwise provided in this section, if apractitioner has prescribed a drug by brand name and the practitioner has notindicated, by a method set forth in subsection 5, that a substitution isprohibited, the pharmacist who fills or refills the prescription shalldispense, in substitution, another drug which is available to him if the otherdrug:

(a) Is less expensive than the drug prescribed by brandname;

(b) Is biologically equivalent to the drug prescribedby brand name;

(c) Has the same active ingredient or ingredients ofthe same strength, quantity and form of dosage as the drug prescribed by brandname; and

(d) Is of the same generic type as the drug prescribedby brand name.

2. If the pharmacist has available to him more thanone drug that may be substituted for the drug prescribed by brand name, thepharmacist shall dispense, in substitution, the least expensive of the drugsthat are available to him for substitution.

3. Before a pharmacist dispenses a drug insubstitution for a drug prescribed by brand name, the pharmacist shall:

(a) Advise the person who presents the prescriptionthat the pharmacist intends to dispense a drug in substitution; and

(b) Advise the person that he may refuse to accept thedrug that the pharmacist intends to dispense in substitution, unless thepharmacist is being paid for the drug by a governmental agency.

4. If a person refuses to accept the drug that thepharmacist intends to dispense in substitution, the pharmacist shall dispensethe drug prescribed by brand name, unless the pharmacist is being paid for thedrug by a governmental agency, in which case the pharmacist shall dispense thedrug in substitution.

5. A pharmacist shall not dispense a drug insubstitution for a drug prescribed by brand name if the practitioner hasindicated that a substitution is prohibited using one or more of the followingmethods:

(a) By oral communication to the pharmacist at any timebefore the drug is dispensed.

(b) By handwriting the words Dispense as Written onthe form used for the prescription, including, without limitation, any formused for transmitting the prescription from a facsimile machine to another facsimilemachine. The pharmacist shall disregard the words Dispense as Written if theyhave been placed on the form used for the prescription by preprinting or othermechanical process or by any method other than handwriting.

(c) By including the words Dispense as Written in anyprescription that is given to the pharmacist by electronic transmissionpursuant to the regulations of the Board, including, without limitation, anelectronic transmission from a computer equipped with a facsimile modem to a facsimilemachine or from a computer to another computer pursuant to the regulations ofthe Board.

6. The provisions of this section also apply to aprescription issued to a person by a practitioner from outside this State ifthe practitioner has not indicated, by a method set forth in subsection 5, thata substitution is prohibited.

7. The provisions of this section do not apply to:

(a) A prescription drug that is dispensed to anyinpatient of a hospital by an inpatient pharmacy which is associated with thathospital;

(b) A prescription drug that is dispensed to any personby mail order or other common carrier by an Internet pharmacy which iscertified by the Board pursuant to NRS639.23288 and authorized to provide service by mail order or other commoncarrier pursuant to the provisions of this chapter; or

(c) A prescription drug that is dispensed to any personby a pharmacist if the substitution:

(1) Would violate the terms of a health careplan that maintains a mandatory, exclusive or closed formulary for its coveragefor prescription drugs; or

(2) Would otherwise make the transactionineligible for reimbursement by a third party.

(Added to NRS by 1979, 1348; A 1981, 393, 1374; 1985,2005; 2003, 1213)

NRS 639.2587 Nameof manufacturer, packer or distributor to be noted on prescription. If a generic drug is substituted for a drug prescribed bybrand name, the pharmacist or practitioner:

1. Shall note the name of the manufacturer, packer ordistributor of the drug actually dispensed on the prescription; and

2. May indicate the substitution on the label by useof the words substituted for following the generic name and preceding thebrand name of the drug.

(Added to NRS by 1979, 1348; A 1985, 885; 1989, 1122;1991, 1953)

NRS 639.2588 Manufacturersproduct identification code to be on certain dispensed tablets and capsules. A pharmacist or practitioner shall not dispense byprescription any tablet or capsule, except one which is hypodermic, sublingualor soluble, if it does not have the manufacturers product identification codeimprinted on it.

(Added to NRS by 1987, 1649; A 1989, 1122)

NRS 639.2589 Formfor prescription; substitution in certain facilities; prescriptions ordered onpatients chart.

1. The form used for any prescription which is issuedor intended to be filled in this state must contain a line for the signature ofthe practitioner.

2. Substitutions may be made in filling prescriptionscontained in the orders of a physician, or of an advanced practitioner ofnursing who is a practitioner, in a facility for skilled nursing or facilityfor intermediate care.

3. Substitutions may be made in filling prescriptionsordered on a patients chart in a hospital if the hospitals medical staff hasapproved a formulary for specific generic substitutions.

(Added to NRS by 1979, 1348; A 1981, 393; 1983, 1511;1985, 1769, 2005; 1991, 793; 2003, 1215)

NRS 639.259 Whenpharmacist not required to dispense specific generic drug. No employer of a pharmacist may require the pharmacist todispense any specific generic drug in substitution for another drug if the:

1. Substitution is not permitted by the prescriptionas signed by a practitioner;

2. Substitution would be against the professionaljudgment 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)

NRS 639.2595 Liabilityof pharmacist or practitioner. A pharmacist orpractitioner who selects a drug for substitution assumes no greater civilliability than he assumes by filling the prescription with the drug under itsbrand name.

(Added to NRS by 1979, 1349; A 1989, 1122)

NRS 639.2597 Useof list of biologically equivalent drugs. Apharmacist or practitioner who proposes to make any substitution must have madeuse of a list of biologically equivalent drugs approved by the United StatesFood and Drug Administration.

(Added to NRS by 1979, 1349; A 1989, 1122; 1993, 635)

Transactions Involving Wholesalers

NRS 639.2615 Generalrequirements for wholesaler to sell or purchase prescription drug; Boardprohibited from limiting quantities in certain transactions involvingwholesaler. [Replaced in revision by NRS639.595.]

 

Miscellaneous Provisions

NRS 639.263 Falseor misleading advertising. No registeredpharmacist or owner of any pharmacy licensed under the provisions of thischapter may make, disseminate or cause to be made or disseminated before thepublic in this state, in any newspaper or other publication, or any advertisingdevice, or in any other manner or means whatever, any statement concerningprices or services, professional or otherwise, which is untrue or misleading,and which is known, or which by the exercise of reasonable care should beknown, to be false or misleading.

(Added to NRS by 1967, 1663)

NRS 639.264 Rebates,refunds and commissions.

1. No registered pharmacist, or owner of any pharmacylicensed under the provisions of this chapter, may offer, deliver or pay anyunearned rebate, refund, commission, preference, patronage dividend, discountor other unearned consideration to any person, whether in the form of money orotherwise, as compensation or inducement to such person for referringprescriptions, patients, clients or customers to such pharmacist or pharmacy,irrespective of any membership, proprietary interest or co-ownership in or withany person by whom such prescriptions, patients, clients or customers arereferred.

2. The furnishing to a practitioner by a pharmacist ora pharmacy of prescription blanks bearing the name or name and address of anypharmacy is an unearned rebate and an inducement to refer patients to suchpharmacist or pharmacy.

(Added to NRS by 1967, 1663; A 1979, 1695)

NRS 639.265 Pharmacistsmay trade or exchange drugs if necessary for business.A registered pharmacist may trade or exchange drugs with another suchpharmacist when any such trade or exchange is necessary to the business ofeither such pharmacist.

(Added to NRS by 1969, 627)

NRS 639.2655 Useof computerized mechanical equipment to perform act required to be performed bypharmacist. For the purposes of this chapterand chapters 453 and 454 of NRS, any act which is required to beperformed by a pharmacist may be performed with the use of computerizedmechanical equipment in accordance with the regulations adopted by the Board.

(Added to NRS by 1995, 289)

NRS 639.266 Communicationof information to patient or person caring for him.

1. Upon receipt of a prescription and after review ofthe patients record, a pharmacist shall communicate matters which will enhancetherapy through drugs with the patient or a person caring for him. Thecommunication must include appropriate elements of counseling for the patient,as established in regulations adopted by the Board. The communication must bein person if practicable, or by telephone or in writing if the patient or theperson caring for him is not present at the pharmacy.

2. Additional information may be used to supplementcounseling when appropriate, including leaflets, pictogram labels, videoprograms and other such information.

3. Counseling is not required for inpatients of ahospital or a licensed health care facility where administration of drugs isprovided.

(Added to NRS by 1993, 2154)

NRS 639.267 Returnof unused drugs packaged in unit doses.

1. As used in this section, unit dose means thatquantity of a drug which is packaged as a single dose.

2. A pharmacist who provides a regimen of drugs inunit doses to a patient in a facility for skilled nursing or facility forintermediate care as defined in chapter 449 ofNRS may credit the person or agency which paid for the drug for any unuseddoses. The pharmacist may return the drugs to the dispensing pharmacy, whichmay reissue the drugs to fill other prescriptions in accordance with theprovisions of NRS 449.2485.

3. Except schedule II drugs specified in or pursuantto chapter 453 of NRS and except as otherwiseprovided in NRS 433.801, 449.2485 and 639.2675, unit doses packaged in ampulesor vials which do not require refrigeration may be returned to the pharmacywhich dispensed them. The Board shall, by regulation, authorize the return ofany other type or brand of drug which is packaged in unit doses if the Food andDrug Administration has approved the packaging for that purpose.

(Added to NRS by 1979, 981; A 1981, 840; 1985, 1769; 2003, 1374)

NRS 639.2675 Returnof unused drugs dispensed by pharmacy to offender in correctional institution.

1. A prescription drug that is dispensed by a pharmacyto an offender incarcerated in a correctional institution, but will not be usedby that offender, may be returned to that dispensing pharmacy for the purposeof reissuing the drug to fill other prescriptions for offenders incarcerated inthat correctional institution if:

(a) The drug is not a schedule II drug specified in orpursuant to chapter 453 of NRS;

(b) The drug is dispensed in a unit dose, inindividually sealed doses or in a bottle that is sealed by the manufacturer ofthe drug;

(c) The drug is returned unopened and sealed in theoriginal manufacturers packaging or bottle;

(d) The usefulness of the drug has not expired;

(e) The packaging or bottle contains the expirationdate of the usefulness of the drug; and

(f) The name of the patient for whom the drug wasoriginally prescribed, the prescription number and any other identifying marksare obliterated from the packaging or bottle before the return of the drug.

2. A pharmacy to which a drug is returned pursuant tothis section may reissue the drug to fill other prescriptions for offendersincarcerated in the same correctional institution if the registered pharmacistof the pharmacy determines that the drug is suitable for that purpose inaccordance with standards adopted by the Board pursuant to subsection 5.

3. No drug that is returned to a dispensing pharmacypursuant to this section may be used to fill other prescriptions more than onetime.

4. The director of a correctional institution shalladopt written procedures for returning drugs to a dispensing pharmacy pursuantto this section. The procedures must:

(a) Provide appropriate safeguards for ensuring thatthe drugs are not compromised or illegally diverted during their return.

(b) Require the maintenance and retention of suchrecords 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 arenecessary to carry out the provisions of this section including, withoutlimitation, requirements for:

(a) Returning and reissuing such drugs pursuant to theprovisions of this section.

(b) Maintaining records relating to the return and theuse of such drugs to fill other prescriptions.

6. As used in this section, correctional institutionmeans an institution or facility operated by the Department of Corrections.

(Added to NRS by 2003, 1373)

NRS 639.268 Purchaseof controlled substances, poisons, dangerous drugs and devices by practitioner;sale of controlled substances or dangerous drugs to persons or agencies whichprovide emergency care; records; regulations.

1. A practitioner may purchase supplies of controlledsubstances, poisons, dangerous drugs and devices from a pharmacy by:

(a) Making an oral order to the pharmacy ortransmitting an oral order through his agent, except an order for a controlledsubstance 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 hisregistration number issued by the Drug Enforcement Administration.

2. A hospital pharmacy or a pharmacy designated forthis purpose by a county health officer in a county whose population is 100,000or more, or by a district health officer in any county within its jurisdictionor, in the absence of either, by the State Health Officer or his designatedmedical director of emergency medical services, may sell to a person or agencydescribed in subsection 3 supplies of controlled substances to stock theambulances or other authorized vehicles of such a person or agency or replenishthe stock if:

(a) The person or agency is registered with the DrugEnforcement Administration pursuant to 21 C.F.R. Part 1301;

(b) The person in charge of the controlled substancesis:

(1) An advanced emergency medical technicianappropriately certified by the health authority;

(2) A registered nurse licensed by the StateBoard of Nursing; or

(3) A person who holds equivalent certificationor licensure issued by another state; and

(c) Except as otherwise provided in this paragraph, thepurchase order is countersigned by a physician or initiated by an oral orderand may be made by the person or agency or transmitted by an agent of such aperson or agency. An order for a controlled substance listed in schedule IImust be made pursuant to NRS 453.251.

3. A pharmacy, institutional pharmacy or other personlicensed by the Board to furnish controlled substances and dangerous drugs maysell to:

(a) The holder of a permit issued pursuant to the provisionsof NRS 450B.200 or 450B.210;

(b) The holder of a permit issued by another statewhich is substantially similar to a permit issued pursuant to the provisions ofNRS 450B.200 or 450B.210; and

(c) An agency of the Federal Government that providesemergency care or transportation and is registered with the Drug EnforcementAdministration pursuant to 21 C.F.R. Part 1301.

4. A pharmacy, institutional pharmacy or other personlicensed by the Board to furnish dangerous drugs who sells supplies pursuant tothis 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 orthe person receiving the delivery;

(c) The name of the dispensing pharmacist;

(d) The name and address of the authorizingpractitioner; and

(e) The name, strength and quantity of each drug sold.

5. A pharmacy, institutional pharmacy or other personlicensed by the Board to furnish dangerous drugs who supplies the initial stockfor an ambulance or other emergency vehicle shall comply with any applicableregulations adopted by the State Board of Health, or a district board ofhealth, pursuant to NRS 450B.120.

6. The Board shall adopt regulations regarding therecords a pharmacist shall keep of any purchase made pursuant to this section.

(Added to NRS by 1995, 287; A 2005, 2478)

NRS 639.270 Salesby grocers and dealers. Any drug, medicine,remedy, poison or chemical, the sale of which is not otherwise restricted asprovided by this chapter, and any patent or proprietary medicine, may be soldby grocers and dealers generally without restriction when prepared and sold inoriginal and unbroken packages and, if poisonous, labeled with the officialpoison 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)

NRS 639.275 Computeror other electronic device provided to practitioner by pharmacy or insurer. A pharmacy or insurer may provide to a practitioner acomputer or any other electronic device, including, without limitation, anysoftware or equipment required for the computer or device if the computer orother electronic device is capable of transmitting data to any pharmacy in thisstate.

(Added to NRS by 2001, 834)

NRS 639.2801 Requirementsfor labeling containers for prescribed drugs. Unlessspecified to the contrary in writing on the prescription by the prescribingpractitioner, all prescriptions filled by any practitioner must be dispensed ina container to which is affixed a label or other device which clearly shows:

1. The date.

2. The name, address and prescription serial number ofthe practitioner who filled the prescription.

3. The names of the prescribing practitioner and ofthe person for whom prescribed.

4. The number of dosage units.

5. Specific directions for use given by theprescribing practitioner.

6. The expiration date of the effectiveness of thedrug or medicine dispensed, if that information is included on the originallabel of the manufacturer of that drug or medicine. If the expiration datespecified by the manufacturer is not less than 1 year after the date ofdispensing, the practitioner may use a date that is 1 year after the date of dispensingas the expiration date.

7. The proprietary or generic name of the drug ormedicine as written by the prescribing practitioner.

8. The strength of the drug or medicine.

The labelmust contain the warning:

 

Caution: Do not use withalcohol 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)

NRS 639.2802 Availabilityof information concerning prices of prescriptions. Prescriptionprice information must be made available, upon request, by a pharmacist orpractitioner who dispenses drugs.

(Added to NRS by 1973, 265; A 1989, 1123)

NRS 639.28025 Noticeof availability of list of prices for drugs and professional services to beposted. Every practitioner who dispenses drugsshall post on the premises in a place conspicuous to customers and easilyaccessible and readable by customers a notice, provided by the Board, advisingcustomers that a price list of drugs and professional services is available tothem upon request.

(Added to NRS by 1979, 355; A 1989, 1123)

NRS 639.2803 Dispensingspecific drugs when choice of drugs available. Noperson who owns a pharmacy licensed under this chapter may require a pharmacistin his employment to dispense a specific drug when a choice of drugs is available.

(Added to NRS by 1977, 632)

NRS 639.2804 Fillingprescriptions for amygdalin and procaine hydrochloride.

1. A prescription for the substance having the tradename laetrile shall be considered as an order for the substance by itsgeneric name, amygdalin. The prescription may be filled with laetrile or itsgeneric equivalent.

2. A prescription for the substance having the tradename Gerovital H3 shall be considered as an order for procaine hydrochloridewith preservatives and stabilizers, and the order may be filled using similarproducts manufactured under other trade names.

(Added to NRS by 1977, 1647)

NRS 639.2805 Substanceslicensed for manufacture in Nevada: Filling prescriptions; labeling ofcontainers.

1. A pharmacist or practitioner is not subject to anypenalty for filling a prescription for a substance licensed for manufacture inthis state if the prescription is issued to a patient by his practitioner.

2. If a substance licensed for manufacture in thisstate has not been approved as a drug by the Food and Drug Administration, thelabel or other device affixed to its container must so state and the label mustfurther state that the State of Nevada has not approved the substance.

(Added to NRS by 1977, 1647; A 1983, 151; 1989, 1123;1991, 793)

NRS 639.2806 Parenteralsolutions: Limitation on sale and dispensing. Aparenteral solution which is used by a patient in his home or in a facility forthe 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 apractitioner;

2. If the date of expiration is on its label; and

3. If a practitioner, registered pharmacist and aregistered nurse are available at all times for immediate assistance to thepatient in case of any pharmaceutical problems encountered in its use.

(Added to NRS by 1985, 867; A 1995, 295)

NRS 639.2807 Parenteralsolutions: Compounding; regulation by Board.

1. Any parenteral for use in a home or a facility forthe dependent or a medical facility, other than a hospital as defined in NRS 449.012, must be compounded, packagedand labeled:

(a) By a registered pharmacist in a pharmacy or apractitioner licensed in this state. The practitioner shall ensure that theparenterals are delivered to the patient and are not available for use afterthe 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 practitionerand to ensure the quality and continuity of care for patients, the Board shalladopt regulations, to include:

(a) The procedures for the compounding, packaging,replacement and disposal of parenteral solutions;

(b) The conditions under which those solutions must beprepared, stored and delivered;

(c) The equipment required for the preparation,sterilization and storage of those solutions and the maintenance and cleaningof that equipment;

(d) The procedures for the proper disposal of anymaterial used in the preparation of those solutions;

(e) The procedures for maintaining records and clinicalmonitoring of patients;

(f) The education and training of persons employed bypractitioners; and

(g) The requirements for the education of patientsrelating to the use of parenterals.

(Added to NRS by 1985, 867; A 1989, 1123; 1995, 295)

UNLAWFUL ACTS AND PENALTIES

NRS 639.281 Falserepresentations.

1. Any person who secures or attempts to secureregistration for himself or any other person by making, or causing to be made,any false representation or who fraudulently represents himself to be aregistered pharmacist or practitioner is guilty of a misdemeanor.

2. Any certificate issued by the Board on informationlater found to be false or fraudulent must be automatically cancelled by theBoard.

(Added to NRS by 1967, 1664; A 1989, 1124)

NRS 639.2813 Falserepresentation as practitioner or agent; unauthorized transmission of order forprescription by agent.

1. Except as provided in NRS 453.331 and 454.311, it is unlawful for any personfalsely to represent himself as a practitioner entitled to write prescriptionsin this state, or the agent of such a person, for the purpose of transmittingto a pharmacist an order for a prescription.

2. It is unlawful for the agent of a practitionerentitled to write prescriptions in this state willfully to transmit to apharmacist an order for a prescription if the agent is not authorized by thepractitioner to transmit such order.

(Added to NRS by 1979, 342; A 1979, 1697; 1981, 1968)

NRS 639.2815 Fraudulentor excessive charge or claim under program of public assistance; penalty. A pharmacist or practitioner who knowingly submits to theState or any of its political subdivisions or any agent thereof, a charge orclaim for drugs or medical supplies furnished to or for a person receivingmedical care under any program of public assistance, which is false or which isin excess of any amount established by law or regulations adopted by theDepartment of Health and Human Services or by the governing body of anypolitical subdivision, as the price or fee for the furnishing of those drugs ormedical supplies, is guilty of a category D felony and shall be punished asprovided in NRS 193.130. In addition toany 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)

NRS 639.282 Unlawfulpossession or sale of certain pharmaceutical preparations, drugs or chemicals;destruction.

1. Except as otherwise provided in NRS 433.801, 449.2485, 639.267 and 639.2675, it is unlawful for any person tohave in his possession, or under his control, for the purpose of resale, or tosell or offer to sell or dispense or give away, any pharmaceutical preparation,drug or chemical which:

(a) Has been dispensed pursuant to a prescription orchart order and has left the control of a registered pharmacist orpractitioner;

(b) Has been damaged or subjected to damage by heat,smoke, fire or water, or other cause which might reasonably render it unfit forhuman or animal use;

(c) Has been obtained through bankruptcy or foreclosureproceedings, or other court action, auction or other legal or administrativeproceedings, except when the pharmaceutical preparation, drug or chemical is inthe original sealed container;

(d) Is no longer safe or effective for use, asindicated by the expiration date appearing on its label; or

(e) Has not been properly stored or refrigerated asrequired by its label.

2. The provisions of subsection 1 do not apply if theperson in whose possession the pharmaceutical preparation, drug or chemical isfound also has in his possession a valid and acceptable certification ofanalysis attesting to the purity and strength of the pharmaceuticalpreparation, drug or chemical and attesting to the fact that it can be safelyand effectively used by humans or animals. The preparation, drug or chemicalmust not be sold or otherwise disposed of until the certification required bythis subsection has been presented to and approved by the Board.

3. In the absence of conclusive proof that thepreparation, 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 inspectorof the Board, or two persons designated as agents by the Board who include aninspector of a health care board, a licensed practitioner of a health careboard or a peace officer of an agency that enforces the provisions of chapters 453 and 454of NRS.

4. As used in this section, health care board includesthe State Board of Pharmacy, the State Board of Nursing, the Board of MedicalExaminers and the Nevada State Board of Veterinary Medical Examiners.

(Added to NRS by 1967, 1664; A 1979, 982; 1989, 1124,1450; 2003, 1374)

NRS 639.2825 Unlawfulto dispense or fit contact lens; exception.

1. Except as otherwise provided in subsection 2, it isunlawful for the holder of a certificate of registration as a pharmacist, a certificateof registration as an intern pharmacist, a license or a permit granted pursuantto this chapter to sell, furnish or fit a contact lens.

2. A registered pharmacist may, pursuant to aprescription, sell or furnish a prepackaged contact lens that does not requireany adjustment, modification or fitting, if:

(a) The prescription includes an expiration date andsets forth the number of refills that the person for whom the contact lens isprescribed may receive; and

(b) The contact lens is not sold or furnished with theintent that the initial use of the contact lens will occur after the expirationdate of the prescription.

3. As used in this section, contact lens includes,without limitation, any cosmetic or therapeutic contact lens or any contactlens that is used to improve visual acuity.

(Added to NRS by 1985, 876; A 1997, 1259; 1999, 245)

NRS 639.283 Useof intoxicating liquor, depressant drug or controlled substance while on dutyprohibited; penalty. Any person who sells,dispenses or compounds any prescription, or sells any drug or poison whileunder the influence of intoxicating liquor or any depressant drug or controlledsubstance, unless taken pursuant to a lawfully issued prescription, is guiltyof a misdemeanor.

(Added to NRS by 1967, 1664; A 1971, 2043; 1973, 783;1985, 886; 1989, 1125; 1995, 1714)

NRS 639.284 Unlawfuldispensing and sales. Any person who:

1. Being the licensed proprietor of a pharmacy, failsto place a registered pharmacist in charge of such pharmacy, or permits thecompounding or dispensing of drugs or prescriptions, or the selling of drugs,poisons or devices, the sale of which is restricted by the provisions of thischapter, by any person other than a registered pharmacist or an internpharmacist, is guilty of a misdemeanor.

2. Is not a registered pharmacist and who takes chargeof 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 theprovisions of this chapter, is guilty of a misdemeanor.

(Added to NRS by 1967, 1664; A 1975, 204)

NRS 639.2845 Sellingor dispensing of procaine hydrochloride.

1. A pharmacist or practitioner is not subject to anypenalty for dispensing or selling without a prescription oral doses of procainehydrochloride with preservatives and stabilizers (Gerovital H3) manufactured inthis state.

2. A pharmacist or practitioner who dispenses or sellsprocaine hydrochloride with preservatives and stabilizers (Gerovital H3)pursuant to this section without a prescription shall maintain a register ofpersons to whom it was dispensed or sold. The register must contain:

(a) The name and address of the person to whom it wassold or dispensed;

(b) The amount sold or dispensed and the date;

(c) The signature of the person to whom it was sold ordispensed; and

(d) 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 or practitioner.

(Added to NRS by 1983, 337; A 1989, 1125)

NRS 639.285 Unlawfulsales by unlicensed persons. Any person not licensedby the Board, who sells, displays or offers for sale any drug, device orpoison, the sale of which is restricted to prescription only or by a registeredpharmacist or under his direct and immediate supervision, is guilty of amisdemeanor.

(Added to NRS by 1967, 1665)

NRS 639.286 Violationof Boards regulations. Regulations officiallyadopted by the Board under the powers granted by NRS 454.110 and 639.073 as those regulations apply to therestricted sale of drugs and the sale or labeling of poisons apply to allpersons alike. Violation of those regulations is a misdemeanor.

(Added to NRS by 1967, 1665; A 1971, 686; 1979, 1695;1981, 750; 1985, 370)

NRS 639.287 Failureto furnish information concerning employees; false information; penalty.

1. When called upon by a member, inspector orinvestigator 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 ofdrugs shall furnish the member, inspector or investigator with the name of eachowner, manager, partner, officer of the corporation and employee, together witha statement of the capacity in which each of those persons is employed or theextent to which each is engaged in the operation of the licensed establishment.

2. Any person who refuses to furnish that informationor willfully furnishes false information is guilty of a misdemeanor.

(Added to NRS by 1967, 1665; A 1989, 1125)

NRS 639.288 Unlawfulsales by wholesalers and manufacturers. It isunlawful for any wholesaler or manufacturer to furnish, sell, offer for sale,or deliver any drugs, poisons, chemicals or devices, other than those referredto in NRS 639.270, to any person notauthorized by the laws of this state to handle, sell, possess or deal in suchdrugs, poisons, chemicals or devices.

(Added to NRS by 1967, 1665)

NRS 639.300 Recoveryof penalties; conduct of actions and prosecutions by district attorney.

1. The several penalties prescribed in this chaptermay be recovered in any court having jurisdictions, by a civil actioninstituted by the Board, in the name of the State of Nevada, or by criminalprosecution upon complaint being made.

2. The district attorney of the county whereinviolations of the provisions of this chapter occur shall conduct all suchactions and prosecutions at the request of the Board.

[21:286:1913; 1919 RL p. 3153; NCL 5100]

NRS 639.310 Penalty. Unless a greater penalty is specified, any person whoviolates 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

NRS 639.500 Submissionof fingerprints and information concerning certain persons associated withwholesaler; issuance of provisional license; prohibitions.

1. In addition to the requirements for an applicationset forth in NRS 639.100, each applicantfor a license to engage in wholesale distribution shall submit with hisapplication a complete set of his fingerprints and written permissionauthorizing the Board to forward the fingerprints to the Central Repository forNevada Records of Criminal History for submission to the Federal Bureau ofInvestigation for its report. If the applicant is a:

(a) Natural person, that person must submit hisfingerprints.

(b) Partnership, each partner must submit hisfingerprints.

(c) Corporation, each officer and director of thecorporation must submit his fingerprints.

(d) Sole proprietorship, that sole proprietor mustsubmit his fingerprints.

2. In addition to the requirements of subsection 1,the applicant shall submit with his application a list containing eachemployee, agent, independent contractor, consultant, guardian, personalrepresentative, lender or holder of indebtedness of the applicant. The Boardmay require any person on the applicants list to submit a complete set of hisfingerprints to the Board if the Board determines that the person has the powerto exercise significant influence over the operation of the applicant as alicensed wholesaler. The fingerprints must be submitted with written permissionauthorizing the Board to forward the fingerprints to the Central Repository forNevada Records of Criminal History for submission to the Federal Bureau ofInvestigation for its report. The provisions of this subsection do not apply toa:

(a) Lender or holder of indebtedness of an applicantwho is a commercial bank, bank holding company, subsidiary or affiliate of abank holding company, personal property broker, consumer finance lender,commercial finance lender or insurer, or any other person engaged in thebusiness of extending credit, who is regulated by an officer or agency of theState or the Federal Government.

(b) Common motor carrier or other delivery service thatdelivers a drug at the direction of a manufacturer.

3. The Board may issue a provisional license to anapplicant pending receipt of the reports from the Federal Bureau ofInvestigation if the Board determines that the applicant is otherwisequalified.

4. An applicant who is issued a license by the Boardshall not allow a person who is required to submit his fingerprints pursuant tosubsection 2 to act in any capacity in which he exercises significant influenceover the operation of the wholesaler if the:

(a) Person does not submit a complete set of hisfingerprints in accordance with subsection 2; or

(b) Report of the criminal history of the personindicates that he has been convicted of, or entered a plea of guilty or nolocontendere to, a felony or offense involving moral turpitude or related to thequalifications, functions or duties of that person in connection with theoperation of the wholesaler.

5. The Board shall not issue a license to an applicantif the requirements of this section are not satisfied.

(Added to NRS by 2005, 1608)

NRS 639.505 Submissionof updated information concerning certain persons associated with wholesaler;submission of additional fingerprints; prohibitions.

1. On an annual basis, each licensed wholesaler shallsubmit to the Board an updated list of each employee, agent, independentcontractor, consultant, guardian, personal representative, lender or holder ofindebtedness of the wholesaler who is employed by or otherwise contracts withthe wholesaler for the provision of services in connection with the operationof the licensee as a wholesaler. Any changes to the list must be submitted tothe Board not later than 30 days after the change is made.

2. If a person identified on an updated list of thewholesaler is employed by or otherwise contracts with the wholesaler after thewholesaler is issued a license and that person did not submit his fingerprintspursuant to NRS 639.500, the Board mayrequire that person to submit a complete set of his fingerprints to the Boardif the Board determines that the person has the power to exercise significantinfluence over the operation of the licensee as a wholesaler. The fingerprintsmust be submitted within 30 days after being requested to do so by the Boardand must include written permission authorizing the Board to forward thefingerprints to the Central Repository for Nevada Records of Criminal Historyfor submission to the Federal Bureau of Investigation for its report. Theprovisions of this subsection do not apply to a:

(a) Lender or holder of indebtedness of a wholesalerwho is a commercial bank, bank holding company, subsidiary or affiliate of abank holding company, personal property broker, consumer finance lender,commercial finance lender or insurer, or any other person engaged in thebusiness of extending credit, who is regulated by an officer or agency of theState or the Federal Government.

(b) Common motor carrier or other delivery service thatdelivers a drug at the direction of a manufacturer.

3. A wholesaler shall not allow a person who isrequired to submit his fingerprints pursuant to subsection 2 to act in anycapacity in which he exercises significant influence over the operation of thewholesaler if the:

(a) Person does not submit a complete set of hisfingerprints in accordance with subsection 2; or

(b) Report of the criminal history of the personindicates that he has been convicted of, or entered a plea of guilty or nolocontendere to, a felony or offense involving moral turpitude or related toqualifications, functions or duties of that person in connection with theoperation of the wholesaler.

(Added to NRS by 2005, 1609)

NRS 639.510 Protectionof certain information obtained by Board. TheBoard shall implement and maintain reasonable security measures to protect theinformation obtained by the Board pursuant to NRS639.500 and all other information related to an application for a licenseto engage in wholesale distribution to protect the information fromunauthorized access, acquisition, destruction, use, modification or disclosure.The provisions of this section do not prohibit the Board from disclosing andproviding such information to other state and federal agencies involved in theregulation of prescription drugs to the extent deemed necessary by the Board.

(Added to NRS by 2005, 1609)

NRS 639.515 Bondor other form of security required; exceptions.

1. Except as otherwise provided in this subsection,before the Board issues a license to engage in the wholesale distribution ofprescription drugs, the applicant shall file with the Board a bond in an amountnot less than $25,000 and not more than $100,000, as determined by the Board, executedby the applicant as principal, and by a corporation qualified under the laws ofthis State as surety, payable to this State and conditioned upon the compliancewith the requirements of this chapter applicable to wholesalers. An applicantthat is a publicly traded corporation is not required to file a bond or othersecurity pursuant to this section.

2. In lieu of the bond required pursuant to subsection1, an applicant may deposit with the Board a like amount of lawful money of theUnited States or any other form of security authorized by NRS 100.065. If security is provided in theform of a savings certificate, certificate of deposit or investmentcertificate, the certificate must state that the amount is not available forwithdrawal except upon order of the Board.

3. The Board may, by agreement with a wholesaler whohas been licensed with the Board for 5 consecutive years or more, allow areduction in the amount of the bond or other security as provided insubsections 1 and 2, if the wholesaler has conducted business in accordancewith the applicable provisions of this chapter for the immediately preceding 5years, but no bond may be in an amount less than $5,000. The Board may at anytime thereafter require the licensee to increase the amount of the bond orother security if evidence is presented to the Board supporting this requirement.

4. The purpose of the bond and other security requiredby this section is to secure payment of any fines imposed by the Board pursuantto NRS 639.255 and any costs incurred bythe Board regarding the license of a wholesaler that are imposed pursuant to NRS 622.400 or 622.410 which the licensee fails to paywithin 30 days after the fines or costs become due and payable. The Board maymake a claim against a bond or other security pursuant to this subsection until1 year after the license ceases to be valid or until 60 days after anyadministrative 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 shallrequire the licensee to file with the Board satisfactory evidence that hissurety bond or other security is in full force. A licensee that is a publiclytraded corporation is not required to maintain a bond or other security.

6. Failure of an applicant or licensee to file ormaintain in full force the required bond or other security constitutes causefor the Board to deny, revoke, suspend or refuse to renew a license to engagein wholesale distribution.

7. All money received by the Board pursuant to thissection must be deposited in accordance with NRS639.081.

(Added to NRS by 2005, 1610)

Statement of Prior Sales

NRS 639.535 Statementof prior sales or statement defined. Asused in NRS 639.535 to 639.555, inclusive, unless the contextotherwise requires, statement of prior sales or statement:

1. Means a statement of prior sales that must be usedin a transaction involving the purchase or sale of a prescription drug by awholesaler, if required; and

2. Is synonymous with the term Statement IdentifyingPrior Sales of Prescription Drugs by Wholesalers Required by the PrescriptionDrug Marketing Act.

(Added to NRS by 2005, 1611)

NRS 639.540 Dutiesof Board; requirements concerning use, form and contents of statement.

1. The Board shall ensure the safe and efficientoperation of wholesalers and the integrity and propriety of transactionsinvolving the purchase and sale of prescription drugs by wholesalers,including, without limitation, ensuring:

(a) The circumstances and conditions under which awholesaler must prepare, deliver, acquire and maintain a statement of priorsales regarding a transaction involving the purchase or sale of a prescriptiondrug;

(b) The form and contents of a statement of priorsales; and

(c) The process and procedures for verifying andcertifying that the information contained in a statement of prior sales iscomplete and accurate.

2. In ensuring the circumstances and conditions underwhich a wholesaler must prepare, deliver, acquire and maintain a statement ofprior sales regarding a transaction involving the purchase or sale of aprescription drug, the Board shall consider:

(a) The need for verification to ensure that thetransaction is a bona fide transaction pursuant to NRS 639.595; and

(b) The level of risk the transaction poses to publichealth and safety, including, without limitation, the potential that thetransaction may involve the sale or purchase of a prescription drug that is:

(1) Counterfeit;

(2) Deemed to be adulterated or misbranded inaccordance with the provisions of chapter 585of 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 shippedin violation of any state or federal law relating to prescription drugs.

3. If a statement of prior sales is required for atransaction involving the purchase or sale of a prescription drug by awholesaler, the statement:

(a) Must include the signature of the wholesaler or hisdesignated representative certifying that the information contained in thestatement is complete and accurate; and

(b) Except as otherwise provided in subsection 4, mustbe:

(1) In written or electronic form, if thetransaction occurs before January 1, 2007; and

(2) In electronic form, if the transactionoccurs on or after January 1, 2007.

4. The Board may extend the date for compliance withthe requirement that the statement of prior sales must be in electronic form ifthe Board determines that the technology to provide such a statement inelectronic form is not reasonably available or that the licensed wholesalers inthis State otherwise require additional time to carry out the requirements ofan electronic form. If the Board extends the deadline pursuant to thissubsection, the Board shall ensure that all licensed wholesalers in this Stateare provided adequate notice of the extension.

(Added to NRS by 2005, 1611)

NRS 639.545 Prohibitedtransactions. If a statement of prior salesindicates that more than three prior sales of a prescription drug haveoccurred, including, without limitation, a sale involving an authorizeddistributor of record, a person who is licensed to engage in wholesaledistribution pursuant to this chapter shall not sell that prescription drug toanother wholesaler.

(Added to NRS by 2005, 1612)

NRS 639.550 Unlawfulacts. A person who is licensed to engage inwholesale distribution pursuant to this chapter is guilty of a category Cfelony and shall be punished as provided in NRS193.130 if, with the intent to defraud or deceive, he:

1. Fails to deliver to another person a complete andaccurate statement of prior sales for a prescription drug, if such a statementis required, before selling or otherwise transferring the drug to that person.

2. Fails to acquire a complete and accurate statementof prior sales for a prescription drug, if such a statement is required, beforeobtaining the drug from another person.

3. Falsely swears or certifies that the information ina statement of prior sales is accurate and complete.

(Added to NRS by 2005, 1612)

NRS 639.555 Additionalunlawful acts. A person who is licensed toengage in wholesale distribution pursuant to this chapter is guilty of acategory C felony and shall be punished as provided in NRS 193.130 if he knowingly:

1. Destroys, alters, conceals or fails to maintain acomplete and accurate statement of prior sales for each prescription drug inhis possession for wholesale distribution if such a statement is required.

2. Fails to authenticate information contained in astatement of prior sales for a prescription drug, if such a statement isrequired, and distributes or attempts to distribute that prescription drug.

3. Forges, counterfeits or falsely creates a statementof prior sales.

4. Makes a false representation or assertion of anyfactual matter contained in a statement of prior sales.

5. Fails to record material information required to berecorded in a statement of prior sales.

(Added to NRS by 2005, 1612)

Business Practices

NRS 639.575 Informationregarding other wholesalers. A person who islicensed to engage in wholesale distribution pursuant to this chapter shallmaintain the following information, updated annually, concerning eachwholesaler from whom the licensee purchases a prescription drug or to whom thelicensee sells a prescription drug:

1. A list that identifies each state in which thewholesaler is domiciled and each state into which the wholesaler shipsprescription drugs.

2. Copies of each state and federal regulatory licenseand registration held by the wholesaler, including, without limitation, thenumbers accompanying each license and registration.

3. Copies of formation documents, business licensesand other documents related to the company of the wholesaler and itsoperations.

4. Copies of the wholesalers most recent siteinspection report by state or federal agencies.

5. If the licensee receives a prescription drug fromthe wholesaler, a copy of the wholesalers product liability insurance policythat 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 orshareholders, as applicable.

(b) If the wholesaler is a private corporation, theofficers, directors and shareholders.

(c) If the wholesaler is a public corporation, theofficers and directors.

7. Evidence of due diligence in accordance with NRS 639.580.

8. A copy of the wholesalers policy or procedure forinternal operations, including, without limitation, the procedures related tohandling counterfeit, misbranded or adulterated prescription drugs.

9. A listing of all manufacturers with whom thewholesaler claims status as an authorized distributor of record and theapplicable account numbers.

(Added to NRS by 2005, 1613)

NRS 639.580 Evidenceregarding due diligence; prohibited business relationships.

1. A person who is licensed to engage in wholesaledistribution pursuant to this chapter shall maintain the following evidenceregarding due diligence concerning each wholesaler with whom the licensee doesbusiness in accordance with any applicable requirements of the Fair CreditReporting Act, 15 U.S.C. 1681 et seq.:

(a) A copy of the drivers license of:

(1) If the wholesaler is a sole proprietor, theowner.

(2) If the wholesaler is a partnership,limited-liability partnership or limited-liability corporation, each partner orshareholder, as applicable.

(3) If the wholesaler is a private corporation,each officer and director.

(b) Proof that the licensee has checked to determine ifcivil or criminal litigation or both exists against the company, its owners,partners, officers or directors and whether any disciplinary action has beentaken or is pending against the company, its owners, partners, officers ordirectors by a state or federal agency.

2. A person who is licensed to engage in wholesaledistribution pursuant to this chapter shall not maintain a businessrelationship with any company if any of the owners, partners, officers ordirectors have been convicted of a felony related to the wholesale distributionof prescription drugs.

(Added to NRS by 2005, 1613)

NRS 639.585 On-siteinspections; agreements with other wholesalers.

1. A person who is licensed to engage in wholesaledistribution pursuant to this chapter shall, within 30 days after beginning abusiness relationship with another wholesaler, conduct an on-site inspection ofeach facility of the wholesaler to verify that the wholesaler complies withfederal requirements for the storage of prescription drugs and the operation ofthe facilities where prescription drugs are stored.

2. After the date of the inspection pursuant tosubsection 1, the licensee shall conduct an on-site inspection biannually.

3. Each on-site inspection conducted pursuant to thissection must include:

(a) An assessment of the authority, training andexperience 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 eachfacility of the wholesaler, including, without limitation, security, climatecontrol and cleanliness;

(c) An assessment of compliance with:

(1) The Federal Prescription Drug Marketing Act;

(2) Appropriate recordkeeping measures;

(3) The Drug Enforcement Administrationrecordkeeping requirements if the wholesaler maintains a federal controlledsubstance registration; and

(4) Temperature monitoring and documentationrequirements; and

(d) An assessment of the procedures of the wholesalerfor detecting adulterated, misbranded or counterfeit prescription drugs.

4. For each inspection pursuant to this section, thelicensee shall obtain and maintain the signature of the appropriaterepresentative of the wholesaler verifying the accuracy of the inspection.

5. Each licensee shall enter into an agreement witheach wholesaler with whom the licensee enters into a business relationshipproviding that the wholesaler will comply with all applicable federal and statelaws and regulations relating to the purchase and sale of prescription drugsand requiring the wholesaler to notify the licensee of any material changeregarding the integrity or legal status of prescription drugs received by thelicensee or any other material change regarding the legal status of thewholesaler.

(Added to NRS by 2005, 1614)

NRS 639.590 Certificationregarding other wholesalers. A person who islicensed to engage in wholesale distribution pursuant to this chapter shallcertify a claim by another wholesaler that the wholesaler is an authorizeddistributor of record from whom the licensee purchases a prescription drug.Such certification includes a statement signed by a representative of thewholesaler certifying the claim that the wholesaler is an authorizeddistributor of record for a specified manufacturer and:

1. A copy of the written agreement currently in effectwith the manufacturer;

2. A copy of a letter from the manufacturer endorsingthe wholesaler as an authorized distributor of record;

3. Copies of applicable invoices from the manufacturerdemonstrating the purchase by the wholesaler of at least 1,000 sales units ofprescription drugs from the manufacturer within the 12 months immediatelypreceding the current month;

4. Copies of applicable invoices from the manufacturerfrom each of the previous 12 months;

5. Copies of applicable invoices from the manufacturerspecific to the given transaction; or

6. Verification from the manufacturers website thatthe wholesaler is an authorized distributor of record.

(Added to NRS by 2005, 1614)

NRS 639.595 Transactionsinvolving prescription drugs.

1. A wholesaler may sell a prescription drug only ifthe sale is a bona fide transaction.

2. A wholesaler may purchase a prescription drug onlyfrom:

(a) A manufacturer;

(b) A pharmacy or practitioner if that pharmacy orpractitioner maintains a valid license in the State in which the pharmacy orpractitioner is domiciled; or

(c) Another wholesaler if:

(1) The wholesaler who sells the drug islicensed by the Board; and

(2) The sale is a bona fide transaction.

3. A wholesaler may receive a prescription drug from apharmacy or practitioner only if the wholesaler does not pay the pharmacy orpractitioner an amount, either in cash or credit, that is more than the pricefor which the wholesaler sells such prescription drugs to other pharmacies orpractitioners at the time of return and:

(a) The prescription drug was originally shipped to thepharmacy or practitioner by the wholesaler; or

(b) The prescription drug could not be returned by thepharmacy or practitioner to the original wholesaler.

If awholesaler receives a prescription drug pursuant to this subsection and thewholesaler subsequently sells the prescription drug to another wholesaler, theprescription drug must be accompanied by a statement of prior sales as definedin NRS 639.535.

4. The Board shall not limit the quantity ofprescription drugs a wholesaler may purchase, sell, distribute or otherwiseprovide to another wholesaler, distributor or manufacturer.

5. For the purposes of this section:

(a) A purchase shall be deemed a bona fide transactionif:

(1) The wholesaler purchased the drug:

(I) Directly from the manufacturer of thedrug; or

(II) With a reasonable belief that thedrug was originally purchased directly from the manufacturer of the drug;

(2) The circumstances of the purchase reasonablyindicate that the drug was not purchased from a source prohibited by law;

(3) Unless the drug is purchased by thewholesaler from the manufacturer, before the wholesaler sells the drug toanother wholesaler, the wholesaler who sells the drug conducts a reasonablevisual examination of the drug to ensure that the drug is not:

(I) Counterfeit;

(II) Deemed to be adulterated ormisbranded in accordance with the provisions of chapter585 of NRS;

(III) Mislabeled;

(IV) Damaged or compromised by improperhandling, storage or temperature control;

(V) From a foreign or unlawful source; or

(VI) Manufactured, packaged, labeled orshipped in violation of any state or federal law relating to prescriptiondrugs;

(4) The drug is shipped directly from thewholesaler who sells the drug to the wholesaler who purchases the drug; and

(5) The documents of the shipping companyconcerning the shipping of the drug are attached to the invoice for the drugand are maintained in the records of the wholesaler.

(b) A sale shall be deemed a bona fide transaction ifthe wholesaler sells the prescription drug only to:

(1) A pharmacy or practitioner if that pharmacyor practitioner maintains a valid license in the state in which the pharmacy orpractitioner is domiciled.

(2) Another wholesaler who maintains a validlicense in the state in which he is domiciled if the wholesaler who sells theprescription drug has complied with NRS639.575, 639.580 and 639.585.

(c) The purchase or sale of a prescription drugincludes, without limitation, the distribution, transfer, trading, bartering orany other provision of a prescription drug to another person by a wholesaler. Atransfer of a prescription drug from a wholesale facility of a wholesaler toanother wholesale facility of the wholesaler shall not be deemed a purchase orsale of a prescription drug pursuant to this section if the wholesaler is acorporation whose securities are publicly traded and regulated by theSecurities Exchange Act of 1934.

(Added to NRS by 2003, 2278; A 2005, 1618)(Substitutedin revision for NRS 639.2615)

 

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