Assembly Bill No. 144–Committee on
Commerce and Labor

 

February 14, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Prohibits pharmacist from refusing to fill or refill prescription under certain circumstances. (BDR 54‑210)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to pharmacy; prohibiting a pharmacist from refusing to fill or refill a prescription under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 639 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  A pharmacist shall not refuse to fill or refill a prescription

1-4  as written unless the pharmacist knows or has reasonable cause to

1-5  believe that the prescription is:

1-6  (a) Fraudulent;

1-7  (b) Issued contrary to law; or

1-8  (c) Contraindicated.

1-9  2.  If a pharmacist refuses to dispense a prescription pursuant

1-10  to paragraph (c) of subsection 1, the pharmacist shall consult with

1-11  the prescribing practitioner as soon as practicable.

1-12      3.  The provisions of this section do not:

1-13      (a) Require a pharmacist to stock a particular drug; or

1-14      (b) Prohibit a pharmacist from:

1-15          (1) Substituting a drug pursuant to NRS 639.2583; or

2-1       (2) Requiring payment for a drug in the normal course of

2-2  business.

 

2-3  H