NRS639.239. Removal of original prescriptions from file; substitution of copies.

  Members, inspectors and investigators of the Board, inspectors of the Food and Drug Administration, agents of the Investigation Division of the Department of Public Safety and peace officers described in paragraph (j) of subsection 1 of NRS 639.238 may remove any record required to be retained by state or federal law or regulation, including any prescription contained in the files of a practitioner, if the record in question will be used as evidence in a criminal action, civil action or an administrative proceeding, or contemplated action or proceeding. The person who removes a record pursuant to this section shall:

      1.  Affix the name and address of the practitioner to the back of the record;

      2.  Affix his or her initials, cause an agent of the practitioner to affix his or her initials and note the date of the removal of the record on the back of the record;

      3.  Affix the name of the agency for which the person is removing the record to the back of the record;

      4.  Provide the practitioner with a receipt for the record; and

      5.  Return a photostatic copy of both sides of the record to the practitioner within 15 working days after the record is removed.

      (Added to NRS by 1967, 1663; A 1971, 2043; 1973, 782; 1981, 2015; 1985, 1999; 1995, 294; 2001, 2634; 2003, 2291)