CHAPTER639. Pharmacists and Pharmacy  


GENERAL PROVISIONS
NRS 639.001. Definitions.
NRS 639.0015. “Advanced practice registered nurse” defined.
NRS 639.002. “Board” defined.
NRS 639.003. “Certificate” defined.
NRS 639.004. “Chart order” defined.
NRS 639.005. “Chemical” defined.
NRS 639.0053. “Compound” and “compounding” defined.
NRS 639.006. “Conviction” defined.
NRS 639.0065. “Dispense” defined.
NRS 639.007. “Drug” and “medicine” defined.
NRS 639.0071. “Drug sample” defined.
NRS 639.0072. “Federally qualified health center” defined. [Repealed]
NRS 639.0073. “Fill” defined.
NRS 639.0074. “Hospital” defined.
NRS 639.008. “Hypodermics” defined.
NRS 639.0085. “Institutional pharmacy” defined.
NRS 639.0086. “Intern pharmacist” defined.
NRS 639.00865. “Internet pharmacy” defined.
NRS 639.0087. “Managing pharmacist” defined.
NRS 639.009. “Manufacturer” defined.
NRS 639.0095. “Nuclear pharmacist” defined.
NRS 639.0097. “Nuclear pharmacy” defined.
NRS 639.0105. “Parenteral solutions” and “parenterals” defined.
NRS 639.0113. “Pharmaceutical technician” defined.
NRS 639.0115. “Pharmaceutical technician in training” defined.
NRS 639.012. “Pharmacy” defined.
NRS 639.0123. “Pharmacy in a correctional institution” defined.
NRS 639.0124. “Practice of pharmacy” defined.
NRS 639.0125. “Practitioner” defined.
NRS 639.013. “Prescription” defined.
NRS 639.0143. “Radiopharmaceutical” defined.
NRS 639.0145. “Refill” defined.
NRS 639.015. “Registered pharmacist” defined.
NRS 639.0151. “Remote site” defined.
NRS 639.0153. “Satellite consultation site” defined.
NRS 639.0154. “Telepharmacy” defined.
NRS 639.0155. “Wholesale distribution” defined.
NRS 639.016. “Wholesaler” defined.
STATE BOARD OF PHARMACY
NRS 639.020. Creation; number and appointment of members.
NRS 639.030. Qualification and terms of members; oath; vacancies; grounds for removal from office.
NRS 639.040. Officers of Board: Election of President and Treasurer; employment, duties and compensation of Executive Secretary.
NRS 639.050. Meetings; quorum; compensation of members and employees.
NRS 639.060. Biennial report to Governor.
NRS 639.063. Annual report concerning drugs returned or transferred to pharmacies from certain facilities and institutions and reissued to fill other prescriptions.
NRS 639.065. Annual report concerning immunizations administered by pharmacists.
NRS 639.067. Posting of information relating to pharmaceutical manufacturers on website.
NRS 639.070. General powers.
NRS 639.071. Regulations: Institutional pharmacies.
NRS 639.072. Regulations: Correctional institutions.
NRS 639.0725. Regulations: Internet pharmacies.
NRS 639.0727. Regulations: Remote sites, satellite consultation sites and telepharmacies; dispensing practitioners and dispensing technicians; practicing electronically, telephonically or by fiber optics.
NRS 639.073. Regulations: Restricting sale of drugs except under supervision of registered pharmacist.
NRS 639.074. Regulations: Registered nurses who participate in certain public health programs or provide certain mental health services.
NRS 639.0745. Regulations: Transfer, security and exchange of information relating to prescriptions.
NRS 639.075. Fiscal year.
NRS 639.081. Deposit and use of money received by Board; delegation of authority to take disciplinary action; deposit of fines imposed by Board; claims for attorney’s fees and costs of investigation.
NRS 639.090. Enforcement of chapter.
NRS 639.093. Communication with other public agencies; immunity.
NRS 639.095. Board to furnish free copies of law and regulations.
NRS 639.097. Injunctive relief available to Board.
CERTIFICATES, LICENSES AND PERMITS
NRS 639.100. Unlawful to manufacture, engage in wholesale distribution, compound, sell or dispense drug, poison, medicine or chemical; penalties; exceptions; application for license; pharmacists located outside State.
NRS 639.120. Qualifications of applicants to become registered pharmacists.
NRS 639.127. Application for registration as pharmacist; payment of fee; proof of qualifications; period of validity; issuance of certificate of registration.
NRS 639.129. Payment of child support: Submission of certain information by applicant; grounds for denial of certificate or license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 639.129. Payment of child support: Submission of certain information by applicant; grounds for denial of certificate or license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]
NRS 639.130. Reexamination.
NRS 639.132. Board prohibited from approving application for registration or renewal of registration as pharmacist or intern pharmacist unless applicant attests to knowledge of and compliance with certain guidelines related to safe and appropriate injection practices.
NRS 639.134. Registration of pharmacist without examination; reciprocity.
NRS 639.137. Registration of intern pharmacists: Qualifications; application; issuance of certificate of registration; period of validity of certificate; authorized activities; grounds for suspension, termination or revocation.
NRS 639.1371. Pharmaceutical technicians: Number permitted; qualifications and registration; authorized activities; regulations.
NRS 639.1373. Physician assistant: Authority regarding possession, administration, prescription and dispensing of controlled substances, poisons, dangerous drugs and devices; registration; regulations.
NRS 639.1375. Advanced practice registered nurses: Authority to dispense controlled substances, poisons, dangerous drugs and devices; registration; regulations.
NRS 639.138. Denial of application: Notice.
NRS 639.139. Denial of application: Procedure for reconsideration.
NRS 639.150. Display of certificates, licenses and permits.
NRS 639.160. Notice of new place of practice.
NRS 639.170. Schedule of fees.
NRS 639.180. Expiration of certificates, licenses and permits; procedure for renewal; automatic forfeiture for failure to comply with procedure.
NRS 639.190. Issuance of certificate of registration after forfeiture.
NRS 639.200. Issuance of duplicate certificates and receipts for renewal.
NRS 639.210. Grounds for suspension or revocation of certificate, license, registration or permit or denial of application.
NRS 639.2107. Surrender, revocation or suspension by licensing board or Drug Enforcement Administration: Immediate suspension of certificate, license or registration.
NRS 639.211. Mental illness: Immediate suspension of right to practice.
NRS 639.212. Mental illness: Reinstatement of suspended certificate, license, registration or permit; procedure for reinstatement.
NRS 639.2121. Conviction of certain felonies: Immediate suspension of certificate, license, registration or permit; reinstatement.
NRS 639.2122. Corporations: Denial, suspension and revocation of certificates, licenses and permits.
PROFESSIONAL CONDUCT
NRS 639.213. Legislative declaration.
NRS 639.215. Rules.
CONTINUING PROFESSIONAL EDUCATION
NRS 639.2171. Legislative findings and declaration.
NRS 639.2172. Definitions.
NRS 639.2174. Completion of program prerequisite to renewal of certificate.
NRS 639.2176. Regulations.
PHARMACIES
NRS 639.220. Registered pharmacist to be in charge of pharmacy; exceptions; managing pharmacists.
NRS 639.230. Licenses: Operation without license prohibited; conditions and limitations on issuance of license; duties upon change of partners or corporate officers; additional requirement for renewal; grounds for suspension or revocation; certain Canadian pharmacies not prohibited from providing prescription drugs through mail order service; registered pharmacists and practitioners not prohibited from collaborating in implementation, monitoring and modification of drug therapy.
NRS 639.231. Application for and issuance of license.
NRS 639.232. Limitations on issuance of licenses.
NRS 639.2321. Nuclear pharmacy: Direct supervision of preparation and distribution of radiopharmaceuticals required; qualifications of managing pharmacist; nuclear pharmacist required on premises.
NRS 639.2322. Nuclear pharmacy: Oral orders; prohibition on refill of prescription for radiopharmaceutical.
NRS 639.2324. Institutional pharmacies: Requirements for operation.
NRS 639.2326. Pharmacies in correctional institutions: Supervision by prescribing practitioner or licensed pharmacy; security; records.
NRS 639.2327. Maintenance of stocks of drugs by certain facilities.
NRS 639.23275. Delivery of controlled substance or dangerous drug to hospital, facility for intermediate care or facility for skilled nursing which does not have pharmacy on premises.
NRS 639.23277. Remote sites and satellite consultation sites: Location; operation; regulations.
NRS 639.23279. “Pharmacy located outside Nevada that provides mail order service to a resident of Nevada” defined.
NRS 639.2328. Pharmacy located outside Nevada: Licensing; requirements; notice of licensing of Canadian pharmacy; recommendation that licensed Canadian pharmacy be included on website.
NRS 639.23282. Pharmacy located outside Nevada: Considerations required by Board before issuing license.
NRS 639.23284. Pharmacy located outside Nevada: Requirements to provide mail order service; restrictions on Canadian pharmacies.
NRS 639.23286. Pharmacy located outside Nevada: Substitution of drug; toll-free telephone service.
NRS 639.23288. Internet pharmacy: Certification required; regulations; list of approved Internet pharmacies.
LICENSING OF PERSONS ENGAGED IN BUSINESS OF FURNISHING DRUGS, DEVICES OR APPLIANCES
NRS 639.233. License required.
NRS 639.234. Records: Consent to inspection; copying and removal; duty to furnish copies upon demand; designation of out-of-state representative of Board; administrative penalties.
NRS 639.2345. Sale of veterinary drugs: Permit required; regulations; exemption.
PRESCRIPTIONS
NRS 639.235. Persons authorized to prescribe and write prescriptions; procedure for filling certain prescriptions written by persons not licensed in this State.
NRS 639.23505. Conditions and limitations on practitioner dispensing controlled substances or dangerous drugs.
NRS 639.23507. Patient utilization report required before writing prescription for controlled substance.
NRS 639.2351. Prescription by advanced practice registered nurse; certification by State Board of Pharmacy.
NRS 639.2352. Inclusion of information regarding purpose of prescription on label attached to container; practitioners required to post notice.
NRS 639.2353. Transmission of prescription to pharmacist; contents of written prescription; specific directions for use; requirements for written prescription; authentication of prescription given by electronic transmission.
NRS 639.2355. Practitioner liable for prescription transmitted by agent.
NRS 639.2357. Transfer of prescription to another pharmacist upon request of patient.
NRS 639.236. Numbering and filing of prescriptions; inspection of files.
NRS 639.238. Prescriptions not public records; pharmacists not to divulge contents; exceptions; procedure for providing copy of prescription to authorized persons and other pharmacists.
NRS 639.239. Removal of original prescriptions from file; substitution of copies.
REFILLING OF PRESCRIPTIONS
NRS 639.2392. Controlled substance or dangerous drug: Records.
NRS 639.2393. Controlled substance or dangerous drug: Limitations.
NRS 639.2394. Controlled substance or dangerous drug: Exercise of judgment by pharmacist.
NRS 639.2396. Specific authorization; limitations.
NRS 639.2397. Rescission of authorization.
ADMINISTRATIVE PROCEEDINGS
NRS 639.241. Accusation: Form, contents and signature.
NRS 639.242. Service on respondent of copies of accusation, statement and forms for Notice of Defense.
NRS 639.243. Statement to Respondent: Contents.
NRS 639.244. Notice of Defense: Form; effect of failure to file.
NRS 639.2445. Physical or mental examination of holder of certificate believed to be incompetent; competency hearing; probation for use of alcohol or drugs.
NRS 639.245. Notice of hearing.
NRS 639.246. Subpoenas.
NRS 639.247. Hearing: Procedure.
NRS 639.248. Hearing: Use of hearsay evidence.
NRS 639.2485. Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records; disclosure of certain information relating to dangerous drugs and controlled substances; duties of Board upon request or subpoena for records or information; retention of complaints.
NRS 639.249. Contempt.
NRS 639.251. Decision; order.
NRS 639.252. Rehearing.
NRS 639.253. Order following rehearing.
NRS 639.2535. Judicial review.
NRS 639.255. Authorized disciplinary action; judicial review of such action; fines; private reprimands prohibited; orders imposing discipline deemed public records.
NRS 639.2555. Suspension of certificate or license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate or license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 639.256. Automatic restoration of suspended certificate, license or permit.
NRS 639.2565. Reinstatement of certificate suspended for incompetency.
NRS 639.257. Reinstatement of revoked certificate, license or permit.
NRS 639.2575. Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; appeals.
NRS 639.2576. Immunity from civil action for assisting administrative proceeding.
NRS 639.258. Filing of complaint.
REGULATION OF TRADE PRACTICES
Substitution of Generic Drugs for Drugs Prescribed by Brand Name
NRS 639.2583. General requirements governing substitution; procedure; limitations; applicability.
NRS 639.2587. Name of manufacturer, packer or distributor to be noted on prescription; exception.
NRS 639.2588. Manufacturer’s product identification code to be on certain dispensed tablets and capsules.
NRS 639.2589. Form for prescription; substitution in certain facilities; prescriptions ordered on patient’s chart.
NRS 639.259. When pharmacist not required to dispense specific generic drug.
NRS 639.2595. Liability of pharmacist or practitioner.
NRS 639.2597. Use of list of biologically equivalent drugs.
Miscellaneous Provisions
NRS 639.263. False or misleading advertising.
NRS 639.264. Rebates, refunds and commissions.
NRS 639.265. Pharmacists may trade or exchange drugs if necessary for business.
NRS 639.2655. Use of computerized mechanical equipment to perform act required to be performed by pharmacist.
NRS 639.266. Communication of information to patient or person caring for patient.
NRS 639.267. Return or transfer of unused drugs packaged in unit doses: Generally.
NRS 639.2675. Return or transfer of unused drugs dispensed by pharmacy to offender in correctional institution; reissuance or transfer of drugs by dispensing pharmacy; regulations.
NRS 639.2676. Reissuance of unused drugs transferred to nonprofit pharmacy; immunity from civil and criminal liability; restriction; written procedures for accepting and issuing such drugs; regulations.
NRS 639.268. Purchase of controlled substances, poisons, dangerous drugs and devices by practitioner; sale of controlled substances or dangerous drugs to persons or agencies which provide emergency care; records; regulations. [Effective through December 31, 2013.]
NRS 639.268. Purchase of controlled substances, poisons, dangerous drugs and devices by practitioner; sale of controlled substances or dangerous drugs to persons or agencies which provide emergency care; records; regulations. [Effective January 1, 2014.]
NRS 639.270. Sales by grocers and dealers.
NRS 639.275. Computer or other electronic device provided to practitioner by pharmacy or insurer.
NRS 639.2801. Requirements for labeling containers for prescribed drugs.
NRS 639.2802. Availability of information concerning prices of prescriptions.
NRS 639.28025. Notice of availability of list of prices for drugs and professional services to be posted.
NRS 639.2803. Dispensing specific drugs when choice of drugs available.
NRS 639.2804. Filling prescriptions for amygdalin and procaine hydrochloride.
NRS 639.2805. Substances licensed for manufacture in Nevada: Filling prescriptions; labeling of containers.
NRS 639.2806. Parenteral solutions: Limitation on sale and dispensing.
NRS 639.2807. Parenteral solutions: Compounding; regulation by Board.
NRS 639.2808. Performance of blood glucose test by registered pharmacist or registered intern pharmacist.
NRS 639.2809. Implementation, monitoring and modification of drug therapy by pharmacist: Restrictions; notice; regulations.
UNLAWFUL ACTS AND PENALTIES
NRS 639.281. False representations.
NRS 639.2813. False representation as practitioner or agent; penalties; unauthorized transmission of order for prescription by agent.
NRS 639.2815. Fraudulent or excessive charge or claim under program of public assistance; penalty.
NRS 639.282. Unlawful possession or sale of certain pharmaceutical preparations, drugs or chemicals; destruction.
NRS 639.2825. Unlawful to dispense or fit contact lens; exception.
NRS 639.283. Use of intoxicating liquor, depressant drug or controlled substance while on duty prohibited; penalty.
NRS 639.284. Unlawful dispensing and sales; penalties.
NRS 639.2845. Selling or dispensing of procaine hydrochloride.
NRS 639.285. Unlawful sales by unlicensed persons; penalties.
NRS 639.286. Violation of Board’s regulations.
NRS 639.287. Failure to furnish information concerning employees; false information; penalty.
NRS 639.288. Unlawful sales by wholesalers and manufacturers.
NRS 639.289. Inspection of premises by Board.
NRS 639.2893. Practicing or offering to practice without license: Reporting requirements of Board.
NRS 639.2895. Practicing or offering to practice without license: Penalties.
NRS 639.300. Recovery of penalties; conduct of actions and prosecutions by district attorney.
NRS 639.310. Penalty.
PRODUCTS THAT ARE PRECURSORS TO METHAMPHETAMINE
NRS 639.400. “Product that is a precursor to methamphetamine” defined.
NRS 639.410. Sales of products that are precursors to methamphetamine.
NRS 639.420. Unusual or excessive loss or disappearance of products that are precursors to methamphetamine.
NRS 639.430. Real-time, stop sale system: Conditions for approval; regulations.
NRS 639.440. Real-time, stop sale system: Notification of pharmacies; duties of pharmacy; civil immunity; penalty.
NRS 639.450. Real-time, stop sale system: Immunity of Board from liability for unauthorized access or misuse of information collected by or derived from system.
WHOLESALERS AND WHOLESALE DISTRIBUTION
Additional Licensing Requirements
NRS 639.500. Submission of fingerprints and information concerning certain persons associated with wholesaler; issuance of provisional license; prohibitions.
NRS 639.505. Submission of updated information concerning certain persons associated with wholesaler; submission of additional fingerprints; prohibitions.
NRS 639.510. Protection of certain information obtained by Board.
NRS 639.515. Bond or other form of security required; exceptions.
Statement of Prior Sales
NRS 639.535. “Statement of prior sales” or “statement” defined.
NRS 639.540. Duties of Board; requirements concerning use, form and contents of statement.
NRS 639.545. Prohibited transactions.
NRS 639.550. Unlawful acts.
NRS 639.555. Additional unlawful acts.
Business Practices
NRS 639.570. Employees of wholesalers or manufacturers; adoption of marketing code of conduct; training; investigation policies; submission of information to Board; Board to report certain information to Governor and Legislature; duties of Board.
NRS 639.575. Information regarding other wholesalers.
NRS 639.580. Evidence regarding due diligence; prohibited business relationships.
NRS 639.585. On-site inspections; agreements with other wholesalers.
NRS 639.590. Certification regarding other wholesalers.
NRS 639.595. Transactions involving prescription drugs.