NRS638.200. Donated drugs: Restrictions on reissuance; donation; immunity from liability; maintenance of records; regulations.

      1.  An owner of an animal may donate a drug that is dispensed for the animal, but will not be used by that animal, to a licensed veterinarian or a facility in which veterinary medicine is practiced if the licensed veterinarian or facility chooses to accept the drug.

      2.  Except as otherwise provided in subsection 9, a licensed veterinarian may reissue a drug accepted pursuant to this section to fill other prescriptions dispensed by the licensed veterinarian free of charge for an animal if:

      (a) The licensed veterinarian determines that the owner of the animal is eligible for the reissuance of the drug based on economic need;

      (b) The licensed veterinarian determines that the drug is suitable for that purpose;

      (c) The drug was originally dispensed by a licensed veterinarian, a facility in which veterinary medicine is practiced which is licensed pursuant to NRS 638.132, a pharmacy licensed pursuant to chapter 639 of NRS or an Internet pharmacy that is accredited through the National Association of Boards of Pharmacy’s Veterinary-Verified Internet Pharmacy Practice Sites program or its successor;

      (d) The drug is not a controlled substance;

      (e) The drug is not a compounded drug;

      (f) Except as otherwise provided in subsection 3, the drug does not require refrigeration;

      (g) Except as otherwise provided in subsection 4, the drug is not in a liquid form;

      (h) The usefulness of the drug has not expired;

      (i) The packaging or bottle contains the expiration date of the usefulness of the drug; and

      (j) The name of the animal and the name of the owner of the animal for which the drug was originally dispensed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the reissuance of the drug.

      3.  For the purposes of paragraph (f) of subsection 2, the drug may be donated if refrigeration of the drug is required only after opening and the drug is unopened when donated.

      4.  For the purposes of paragraph (g) of subsection 2, the drug may be donated if it is in a liquid form and is packaged in a single dose in an ampule or vial.

      5.  A licensed veterinarian or other person who, or a facility or agency in which veterinary medicine is practiced that, exercises reasonable care in the donation, acceptance, distribution or dispensation of a drug in accordance with the provisions of this section and any regulations adopted pursuant thereto is not subject to any civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the donation, acceptance, distribution or dispensation of the drug.

      6.  A manufacturer of a drug is not subject to civil or criminal liability for any claim or injury arising from the donation, acceptance, distribution or dispensation of the drug pursuant to this section and any regulations adopted pursuant thereto.

      7.  A licensed veterinarian shall not sell or resell any drug accepted pursuant to this section.

      8.  A licensed veterinarian shall:

      (a) Identify and maintain separately from other stock any drug accepted pursuant to this section; and

      (b) Make a record of each drug accepted pursuant to this section that includes, without limitation:

             (1) The date on which the drug was donated;

             (2) The name of the person who donated the drug;

             (3) The expiration date of the drug; and

             (4) If the drug expires while in the custody of the licensed veterinarian and the drug is destroyed, the date on which the drug was destroyed.

Ê The record must be maintained for not less than 4 years.

      9.  A licensed veterinarian may not reissue a drug accepted pursuant to this section to fill other prescriptions dispensed by the licensed veterinarian for an animal if the animal is raised to produce food for human consumption or the animal is ordinarily consumed by animals that are raised to produce food for human consumption.

      10.  The Board may adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation:

      (a) Requirements for reissuing drugs pursuant to this section, including, without limitation, requirements that provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted before being reissued.

      (b) Requirements for accepting drugs donated to a licensed veterinarian or facility in which veterinary medicine is practiced pursuant to this section.

      (c) Requirements for maintaining records relating to the acceptance and use of drugs to fill other prescriptions pursuant to this section.

      11.  As used in this section, “Internet pharmacy” has the meaning ascribed to it in NRS 639.00865.

      (Added to NRS by 2011, 833)