SB327_R1

Senate Bill No. 327–Senators Wiener, Rawson, Washington, Titus, Amodei, Care, Mathews and McGinness

CHAPTER..........

AN ACT relating to drugs; establishing procedures for reusing certain prescription drugs that are dispensed to, but not used by, a patient in a mental health facility, facility for skilled nursing or facility for intermediate care, or an offender incarcerated in an institution or facility operated by the Department of Corrections; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 433 of NRS is hereby amended by adding

thereto a new section to read as follows:

1. A public or private mental health facility may return a

prescription drug that is dispensed to a patient of the facility, but

will not be used by that patient, to the dispensing pharmacy for the

purpose of reissuing the drug to fill other prescriptions for patients

in that facility if:

(a) The drug is not a schedule II drug specified in or pursuant

to chapter 453 of NRS;

(b) The drug is dispensed in a unit dose, in individually sealed

doses or in a bottle that is sealed by the manufacturer of the drug;

manufacturer’s packaging or bottle;

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

(e) The packaging or bottle contains the expiration date of the

usefulness of the drug; and

(f) The name of the patient for whom the drug was originally

prescribed, the prescription number and any other identifying

marks are obliterated from the packaging or bottle before the

return of the drug.

2. A dispensing pharmacy to which a drug is returned

pursuant to this section may reissue the drug to fill other

prescriptions for patients in the same facility if the registered

pharmacist of the pharmacy determines that the drug is suitable

for that purpose in accordance with standards adopted by the State

Board of Pharmacy pursuant to subsection 5.

3. No drug that is returned to a dispensing pharmacy

pursuant to this section may be used to fill other prescriptions

more than one time.

4. A mental health facility shall adopt written procedures for

returning drugs to a dispensing pharmacy pursuant to this section.

The procedures must:

(a) Provide appropriate safeguards for ensuring that the drugs

are not compromised or illegally diverted during their return.

(b) Require the maintenance and retention of such records

relating to the return of such drugs as are required by the State

Board of Pharmacy.

5. The State Board of Pharmacy shall adopt such regulations

as are necessary to carry out the provisions of this section

including, without limitation, requirements for:

(a) Returning and reissuing such drugs pursuant to the

provisions of this section.

(b) Maintaining records relating to the return and the use of

such drugs to fill other prescriptions.

Sec. 2. Chapter 449 of NRS is hereby amended by adding

thereto a new section to read as follows:

1. A facility for skilled nursing or a facility for intermediate

care may return a prescription drug that is dispensed to a patient

of the facility, but will not be used by that patient, to the

dispensing pharmacy for the purpose of reissuing the drug to fill

other prescriptions for patients in that facility if:

(a) The drug is not a schedule II drug specified in or pursuant

to chapter 453 of NRS;

(b) The drug is dispensed in a unit dose, in individually sealed

doses or in a bottle sealed by the manufacturer of the drug;

manufacturer’s packaging or bottle;

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

(e) The packaging or bottle contains the expiration date of the

usefulness of the drug; and

(f) The name of the patient for whom the drug was originally

prescribed, the prescription number and any other identifying

marks are obliterated from the packaging or bottle before the

return of the drug.

2. A dispensing pharmacy to which a drug is returned

pursuant to this section may reissue the drug to fill other

prescriptions for patients in the same facility if the registered

pharmacist of the pharmacy determines that the drug is suitable

for that purpose in accordance with standards adopted by the State

Board of Pharmacy pursuant to subsection 5.

3. No drug that is returned to a dispensing pharmacy

pursuant to this section may be used to fill other prescriptions

more than one time.

4. A facility for skilled nursing or facility for intermediate

care shall adopt written procedures for returning drugs to a

dispensing pharmacy pursuant to this section. The procedures

must:

(a) Provide appropriate safeguards for ensuring that the drugs

are not compromised or illegally diverted during their return.

(b) Require the maintenance and retention of such records

relating to the return of drugs to dispensing pharmacies as are

required by the State Board of Pharmacy.

5. The State Board of Pharmacy shall adopt such regulations

as are necessary to carry out the provisions of this section

including, without limitation, requirements for:

(a) Returning and reissuing such drugs pursuant to the

provisions of this section.

(b) Maintaining records relating to the return and the use of

such drugs to fill other prescriptions.

Sec. 3. Chapter 639 of NRS is hereby amended by adding

thereto the provisions set forth as sections 4 and 5 of this act.

Sec. 4. 1. The Board shall prepare an annual report

concerning drugs that are returned or transferred to pharmacies

pursuant to sections 1, 2 and 5 of this act and are reissued to fill

other prescriptions. The report must include, without limitation:

(a) The number of drugs that are returned to dispensing

pharmacies.

(b) The number of drugs that are reissued to fill other

prescriptions.

such drugs to fill other prescriptions.

(d) Any other information that the Board deems necessary.

2. The report must be:

(a) Available for public inspection during regular business

hours at the office of the Board; and

(b) Posted on a website or other Internet site that is operated or

administered by or on behalf of the Board.

Sec. 5. 1. A prescription drug that is dispensed by a

pharmacy to an offender incarcerated in a correctional institution,

but will not be used by that offender, may be returned to that

dispensing pharmacy for the purpose of reissuing the drug to fill

other prescriptions for offenders incarcerated in that correctional

institution if:

(a) The drug is not a schedule II drug specified in or pursuant

to chapter 453 of NRS;

(b) The drug is dispensed in a unit dose, in individually sealed

doses or in a bottle that is sealed by the manufacturer of the drug;

manufacturer’s packaging or bottle;

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

(e) The packaging or bottle contains the expiration date of the

usefulness of the drug; and

(f) The name of the patient for whom the drug was originally

prescribed, the prescription number and any other identifying

marks are obliterated from the packaging or bottle before the

return of the drug.

2. A pharmacy to which a drug is returned pursuant to this

section may reissue the drug to fill other prescriptions for

offenders incarcerated in the same correctional institution if the

registered pharmacist of the pharmacy determines that the drug is

suitable for that purpose in accordance with standards adopted by

the Board pursuant to subsection 5.

3. No drug that is returned to a dispensing pharmacy

pursuant to this section may be used to fill other prescriptions

more than one time.

4. The director of a correctional institution shall adopt

written procedures for returning drugs to a dispensing pharmacy

pursuant to this section. The procedures must:

(a) Provide appropriate safeguards for ensuring that the drugs

are not compromised or illegally diverted during their return.

(b) Require the maintenance and retention of such records

relating to the return of such drugs as are required by the Board.

5. The Board shall adopt such regulations as are necessary to

carry out the provisions of this section including, without

limitation, requirements for:

(a) Returning and reissuing such drugs pursuant to the

provisions of this section.

(b) Maintaining records relating to the return and the use of

such drugs to fill other prescriptions.

6. As used in this section, “correctional institution” means an

institution or facility operated by the Department of Corrections.

Sec. 6. NRS 639.267 is hereby amended to read as follows:

639.267 1. As used in this section, “unit dose” means that

quantity of a drug which is packaged as a single dose.

2. A pharmacist who provides a regimen of drugs in unit doses

to a patient in a facility for skilled nursing or facility for

intermediate care as defined in chapter 449 of NRS may credit the

person or agency which paid for the drug for any unused doses. The

pharmacist may return the drugs to the [issuing] dispensing

pharmacy, which may reissue the drugs to fill other prescriptions[.]

in accordance with the provisions of section 2 of this act.

3. Except schedule II drugs specified in or pursuant to chapter

453 of NRS[,] and except as otherwise provided in sections 1, 2

and 5 of this act, unit doses packaged in ampules or vials which do

not require refrigeration may be returned to the pharmacy which

dispensed them. The Board shall, by regulation, authorize the return

of any other type or brand of drug which is packaged in unit doses if

the Food and Drug Administration has approved the packaging for

that purpose.

Sec. 7. NRS 639.282 is hereby amended to read as follows:

639.282 1. Except as otherwise provided in NRS 639.267[,]

and sections 1, 2 and 5 of this act, it is unlawful for any person to

have in his possession, or under his control, for the purpose of

resale, or to sell or offer to sell or dispense or give away, any

pharmaceutical preparation, drug or chemical which:

(a) Has been dispensed pursuant to a prescription or chart order

and has left the control of a registered pharmacist or practitioner;

(b) Has been damaged or subjected to damage by heat, smoke,

fire or water, or other cause which might reasonably render it unfit

for human or animal use;

proceedings, or other court action, auction or other legal or

administrative proceedings, except when the pharmaceutical

preparation, drug or chemical is in the original sealed container;

(d) Is no longer safe or effective for use, as indicated by the

expiration date appearing on its label; or

(e) Has not been properly stored or refrigerated as required by

its label.

2. The provisions of subsection 1 do not apply if the person in

whose possession the pharmaceutical preparation, drug or chemical

is found also has in his possession a valid and acceptable

certification of analysis attesting to the purity and strength of the

pharmaceutical preparation, drug or chemical and attesting to the

fact that it can be safely and effectively used by humans or animals.

The preparation, drug or chemical must not be sold or otherwise

disposed of until the certification required by this subsection has

been presented to and approved by the Board.

3. In the absence of conclusive proof that the preparation, drug

or chemical can be used safely and effectively by humans or

animals, it must be destroyed under the direct supervision of a

member or an inspector of the Board, or two persons designated as

agents by the Board who include an inspector of a health care board,

a licensed practitioner of a health care board or a peace officer of an

agency that enforces the provisions of chapters 453 and 454 of NRS.

4. As used in this section, “health care board” includes the

State Board of Pharmacy, the State Board of Nursing, the Board of

Medical Examiners and the Nevada State Board of Veterinary

Medical Examiners.

Sec. 8. This act becomes effective on July 1, 2003, for the

purpose of adopting policies and regulations necessary to carry out

the provisions of this act, and on October 1, 2003, for all other

purposes.

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