NRS453.3643. Unlawful acts relating to issuance of prescription; circumstances under which practitioner or person licensed by another jurisdiction is prohibited from prescribing prescription drug; aiding unlawful act prohibited; penalties; multiple punishments authorized.

      1.  A practitioner who is located within this State shall not prescribe a prescription drug for another person located within or outside this State if:

      (a) The practitioner has not physically examined the other person within the 6 months immediately preceding the date on which the prescription is issued; and

      (b) The practitioner knows or has reasonable cause to believe that an illegal Internet pharmacy will fill the prescription or otherwise use the prescription to deliver or cause, allow or aid in the delivery of the prescription drug to the other person.

      2.  A practitioner who is located outside this State and who knows or has reasonable cause to believe that another person is located within this State shall not prescribe a prescription drug for the other person if:

      (a) The practitioner has not physically examined the other person within the 6 months immediately preceding the date on which the prescription is issued; and

      (b) The practitioner knows or has reasonable cause to believe that an illegal Internet pharmacy will fill the prescription or otherwise use the prescription to deliver or cause, allow or aid in the delivery of the prescription drug to the other person.

      3.  A person who is located outside this State, who is licensed by another jurisdiction to prescribe prescription drugs and who knows or has reasonable cause to believe that another person is located within this State shall not prescribe a prescription drug for the other person if:

      (a) The person has not physically examined the other person within the 6 months immediately preceding the date on which the prescription is issued; and

      (b) The person knows or has reasonable cause to believe that an illegal Internet pharmacy will fill the prescription or otherwise use the prescription to deliver or cause, allow or aid in the delivery of the prescription drug to the other person.

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

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

      6.  A practitioner or any other person who violates the provisions 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 practitioner or any other person punished pursuant to subsection 6.

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

      (Added to NRS by 2001, 1054)