NRS639.0155. “Wholesale distribution” defined.

  “Wholesale distribution” means the distribution of drugs to persons other than consumers or patients, but does not include:

      1.  Sales within a company.

      2.  The purchase or other acquisition of a drug by a health care facility or a pharmacy that is a member of a purchasing organization.

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

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

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

      (c) For emergency medical reasons.

      (d) Pursuant to a prescription.

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

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

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

Ê As used in this section, “health care facility” has the meaning ascribed to it in NRS 162A.740.

      (Added to NRS by 1991, 1155; A 2009, 212)