NRS639.235. Persons authorized to prescribe and write prescriptions; procedure for filling certain prescriptions written by persons not licensed in this State.

      1.  No person other than a practitioner holding a license to practice his or her profession in this State may prescribe or write a prescription, except that a prescription written by a person who is not licensed to practice in this State, but is authorized by the laws of another state to prescribe, shall be deemed to be a legal prescription unless the person prescribed or wrote the prescription in violation of the provisions of NRS 453.3611 to 453.3648, inclusive.

      2.  If a prescription that is prescribed by a person who is not licensed to practice in this State, but is authorized by the laws of another state to prescribe, calls for a controlled substance listed in:

      (a) Schedule II, the registered pharmacist who is to fill the prescription shall establish and document that the prescription is authentic and that a bona fide relationship between the patient and the person prescribing the controlled substance did exist when the prescription was written.

      (b) Schedule III or IV, the registered pharmacist who is to fill the prescription shall establish that the prescription is authentic and that a bona fide relationship between the patient and the person prescribing the controlled substance did exist when the prescription was written. This paragraph does not require the registered pharmacist to inquire into such a relationship upon the receipt of a similar prescription subsequently issued for that patient.

      3.  A pharmacist who fills a prescription described in subsection 2 shall record on the prescription or in the prescription record in the pharmacy’s computer:

      (a) The name of the person with whom the pharmacist spoke concerning the prescription;

      (b) The date and time of the conversation; and

      (c) The date and time the patient was examined by the person prescribing the controlled substance for which the prescription was issued.

      4.  For the purposes of subsection 2, a bona fide relationship between the patient and the person prescribing the controlled substance shall be deemed to exist if the patient was examined in person, electronically, telephonically or by fiber optics within or outside this State or the United States by the person prescribing the controlled substances within the 6 months immediately preceding the date the prescription was issued.

      (Added to NRS by 1967, 1661; A 1969, 910; 1971, 2042; 1975, 1314; 1979, 1693; 1987, 1568; 1993, 634; 1995, 292; 2001, 1069; 2003, 563, 2289; 2013, 2022)