NRS453.3639. Unlawful acts relating to filling or refilling prescription via Internet; exception; aiding unlawful act prohibited; penalties; penalty not exclusive.

      1.  Except as otherwise provided in subsection 3, a person who is located within or outside this State shall not, via the Internet, fill or refill a prescription drug if:

      (a) The person has reasonable cause to believe that the prescription is being filled or refilled for a person in this State; and

      (b) The prescription drug has not been lawfully imported into the United States.

      2.  Except as otherwise provided in subsection 3, a person who is located within or outside this State shall not, via the Internet, fill or refill a prescription drug if:

      (a) The person has reasonable cause to believe that the prescription is being filled or refilled for a person in this State; and

      (b) The prescription was not delivered to the person in accordance with all applicable state and federal laws, regulations and standards.

      3.  The provisions of this section do not prohibit a Canadian pharmacy which is licensed by the Board and which has been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website established and maintained pursuant to paragraph (i) of subsection 1 of NRS 223.560 from providing prescription drugs through mail order service to residents of Nevada in the manner set forth in NRS 639.2328 to 639.23286, inclusive.

      4.  A person shall not knowingly aid another person in any act or transaction that violates any provision of this section.

      5.  Except as otherwise provided in subsection 6, a person who violates any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      6.  A person who violates any provision of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000, if the substance or drug involved:

      (a) Is classified in schedule I; or

      (b) Proximately causes substantial bodily harm to or the death of the intended recipient of the substance or drug or any other person.

      7.  The court shall not grant probation to or suspend the sentence of a person punished pursuant to subsection 6.

      8.  A person may be prosecuted, convicted and punished for a violation of this section whether or not the person is prosecuted, convicted or punished for violating any other specific statute based upon the same act or transaction.

      (Added to NRS by 2003, 550; A 2005, 22nd Special Session, 157; 2011, 591)