NRS439.930. Regulations.

  The Department shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 439.900 to 439.940, inclusive. Such regulations must provide for, without limitation:

      1.  Notice to consumers stating that:

      (a) Although the Department will strive to ensure that consumers receive accurate information regarding pharmacies, including, without limitation, the prices charged by those pharmacies for the prescription drugs and generic equivalents that are on the list prepared pursuant to NRS 439.905, the Department is unable to guarantee the accuracy of such information;

      (b) If a consumer follows an Internet link from the Internet website maintained by the Department to an Internet website maintained by a pharmacy, the Department is unable to guarantee the accuracy of any information made available on the Internet website maintained by the pharmacy; and

      (c) The Department advises consumers to contact a pharmacy directly to verify the accuracy of any information regarding the pharmacy which is made available to consumers pursuant to NRS 439.900 to 439.940, inclusive;

      2.  Procedures adopted to direct consumers who have questions regarding the program described in NRS 439.900 to 439.940, inclusive, to contact the Office for Consumer Health Assistance of the Department;

      3.  Provisions in accordance with which the Department will allow an Internet link to the information provided by each pharmacy pursuant to NRS 439.910 and made available on the Department’s Internet website to be placed on other Internet websites managed or maintained by other persons and entities, including, without limitation, Internet websites managed or maintained by:

      (a) Other governmental entities, including, without limitation, the State Board of Pharmacy and the Office of the Governor; and

      (b) Nonprofit organizations and advocacy groups;

      4.  Procedures pursuant to which consumers and pharmacies may report to the Department that information made available to consumers pursuant to NRS 439.900 to 439.940, inclusive, is inaccurate;

      5.  The form and manner in which pharmacies are to provide to the Department the information described in NRS 439.910; and

      6.  Standards and criteria pursuant to which the Department may remove from its Internet website information regarding a pharmacy or an Internet link to the Internet website maintained by a pharmacy, or both, if the Department determines that the pharmacy has:

      (a) Ceased to be licensed and in good standing pursuant to chapter 639 of NRS; or

      (b) Engaged in a pattern of providing to consumers information that is false or would be misleading to reasonably informed persons.

      (Added to NRS by 2007, 3139; A 2011, 977)