2022 Nevada Revised Statutes
Chapter 453 - Controlled Substances
NRS 453.236 - Suspension and revocation of registration to dispense; seizure or placement under seal of controlled substance owned or possessed by registrant; notification of suspension or revocation of registration or forfeiture of controlled substances to appropriate authority; registrant prohibited from employing person whose pharmacist’s certificate was suspended or revoked.
1. The Board may suspend or revoke a registration pursuant to NRS 453.231 to dispense a controlled substance upon a finding that the registrant has:
(a) Furnished false or fraudulent material information in an application filed pursuant to NRS 453.011 to 453.552, inclusive;
(b) Been convicted of a felony under a state or federal law relating to a controlled substance;
(c) Had his or her federal registration to dispense controlled substances suspended or revoked and is no longer authorized by federal law to dispense those substances;
(d) Violated any provision of NRS 453.162 to 453.165, inclusive, or 639.23507; or
(e) Committed an act that would render registration under NRS 453.231 inconsistent with the public interest as determined pursuant to that section.
2. The Board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
3. If a registration is suspended or revoked, the Board may place under seal all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. When a revocation becomes final, the court may order the controlled substances forfeited to the State.
4. The Board may seize or place under seal any controlled substance owned or possessed by a registrant whose registration has expired or who has ceased to practice or do business in the manner permitted by the registration. The controlled substance must be held for the benefit of the registrant or the registrant’s successor in interest. The Board shall notify a registrant, or the registrant’s successor in interest, whose controlled substance is seized or placed under seal, of the procedures to be followed to secure the return of the controlled substance and the conditions under which it will be returned. The Board may not dispose of a controlled substance seized or placed under seal under this subsection until the expiration of 180 days after the controlled substance was seized or placed under seal. The Board may recover costs it incurred in seizing, placing under seal, maintaining custody and disposing of any controlled substance under this subsection from the registrant, from any proceeds obtained from the disposition of the controlled substance, or from both. The Board shall pay to the registrant or the registrant’s successor in interest any balance of the proceeds of any disposition remaining after the costs have been recovered.
5. The Board shall promptly notify the Drug Enforcement Administration and the Division of all orders suspending or revoking registration and the Division shall promptly notify the Drug Enforcement Administration and the Board of all forfeitures of controlled substances.
6. A registrant shall not employ as his or her agent or employee in any premises where controlled substances are sold, dispensed, stored or held for sale any person whose pharmacist’s certificate has been suspended or revoked.
(Added to NRS by 1971, 2011; A 1973, 580, 1206; 1975, 988; 1977, 669; 1979, 1663; 1981, 738; 1983, 1511; 1991, 485, 1162, 1656; 1995, 298; 2019, 172)
