SB337

Senate Bill No. 337–Senators Wiener, Rawson, Washington, Titus, Amodei, Care, Mathews and McGinness

CHAPTER..........

AN ACT relating to drugs; revising certain provisions relating to dispensing or distributing drugs via the Internet; prohibiting certain acts relating to filling or refilling a prescription via the Internet; clarifying that a person may fill or refill a prescription via the Internet within the time prescribed by law; providing penalties; and providing other matters properly relating thereto.

Whereas, The State of Nevada is committed to providing a safe and convenient method for its residents to fill prescriptions via the Internet; and

Whereas, The State of Nevada must protect its residents by ensuring the quality of drugs that are used to fill prescriptions via the Internet; and

Whereas, It is the policy of the State of Nevada to prevent prescriptions from being filled with drugs of questionable quality that are obtained from foreign countries and dispensed to the residents of this state via the Internet; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 453 of NRS is hereby amended by adding

thereto a new section to read as follows:

1. A person who is located within or outside this state shall

not, via the Internet, fill or refill a prescription drug if:

(a) The person has reasonable cause to believe that the

prescription is being filled or refilled for a person in this state; and

(b) The prescription drug has not been lawfully imported into

the United States.

2. A person who is located within or outside this state shall

not, via the Internet, fill or refill a prescription drug if:

(a) The person has reasonable cause to believe that the

prescription is being filled or refilled for a person in this state; and

(b) The prescription was not delivered to the person in

accordance with all applicable state and federal laws, regulations

and standards.

3. A person shall not knowingly aid another person in any act

or transaction that violates any provision of this section.

4. Except as otherwise provided in subsection 5, a person who

violates any provision of this section is guilty of a category C

felony and shall be punished as provided in NRS 193.130.

5. A person who violates any provision of this section is guilty

of a category B felony and shall be punished by imprisonment in

the state prison for a minimum term of not less than 3 years and a

maximum term of not more than 15 years, and may be further

punished by a fine of not more than $100,000, if the substance or

drug involved:

(a) Is classified in schedule I; or

(b) Proximately causes substantial bodily harm to or the death

of the intended recipient of the substance or drug or any other

person.

6. The court shall not grant probation to or suspend the

sentence of a person punished pursuant to subsection 5.

7. A person may be prosecuted, convicted and punished for a

violation of this section whether or not the person is prosecuted,

convicted or punished for violating any other specific statute based

upon the same act or transaction.

Sec. 2. NRS 453.146 is hereby amended to read as follows:

453.146 1. The Board shall administer the provisions of NRS

453.011 to 453.552, inclusive, and section 1 of this act and may add

substances to or delete or reschedule all substances enumerated in

schedules I, II, III, IV and V by regulation.

2. In making a determination regarding a substance, the Board

shall consider the following:

(a) The actual or relative potential for abuse;

(b) The scientific evidence of its pharmacological effect, if

known;

substance;

(d) The history and current pattern of abuse;

(e) The scope, duration and significance of abuse;

(f) The risk to the public health;

(g) The potential of the substance to produce psychic or

physiological dependence liability; and

(h) Whether the substance is an immediate precursor of a

controlled substance.

3. The Board may consider findings of the federal Food and

Drug Administration or the Drug Enforcement Administration as

prima facie evidence relating to one or more of the determinative

factors.

4. After considering the factors enumerated in subsection 2, the

Board shall make findings with respect thereto and adopt a

regulation controlling the substance if it finds the substance has a

potential for abuse.

5. The Board shall designate as a controlled substance a steroid

or other product which is used to enhance athletic performance,

muscle mass, strength or weight without medical necessity. The

Board may not designate as a controlled substance an anabolic

steroid which is:

(a) Expressly intended to be administered through an implant to

cattle, poultry or other animals; and

(b) Approved by the Food and Drug Administration for such

use.

Sec. 3. NRS 453.211 is hereby amended to read as follows:

453.211 1. The Board shall:

(a) Review the schedules annually and maintain a list of current

schedules.

(b) Upon the revision of a schedule, cause a copy of the revised

schedule to be sent to each district attorney, public defender and

judge in the State of Nevada.

members of the public upon request. The Board may charge a

reasonable fee for providing the copies.

2. Failure to publish revised schedules is not a defense in any

administrative or judicial proceeding under NRS 453.011 to

453.552, inclusive[.] , and section 1 of this act.

Sec. 4. NRS 453.2182 is hereby amended to read as follows:

453.2182 If a substance is designated, rescheduled or deleted

as a controlled substance pursuant to federal law, the Board shall

similarly treat the substance pursuant to the provisions of NRS

453.011 to 453.552, inclusive, and section 1 of this act after the

expiration of 60 days from publication in the Federal Register of a

final order designating a substance as a controlled substance or

rescheduling or deleting a substance or from the date of issuance of

an order of temporary scheduling under Section 508 of the federal

Dangerous Drug Diversion Control Act of 1984, 21 U.S.C. §

811(h), unless within the 60‑day period, the Board or an interested

party objects to the treatment of the substance. If no objection is

made, the Board shall adopt, without making the determinations or

findings required by subsections 1 to 4, inclusive, of NRS 453.146

or NRS 453.166, 453.176, 453.186, 453.196 or 453.206, a final

regulation treating the substance. If an objection is made, the Board

shall make a determination with respect to the treatment of the

substance as provided by subsections 1 to 4, inclusive, of NRS

453.146. Upon receipt of an objection to the treatment by the Board,

the Board shall publish notice of the receipt of the objection, and

action by the Board is stayed until the Board adopts a regulation as

provided by subsection 4 of NRS 453.146.

Sec. 5. NRS 453.219 is hereby amended to read as follows:

453.219 A controlled substance analog, to the extent intended

for human consumption, must be treated, for the purposes of NRS

453.011 to 453.552, inclusive, and section 1 of this act as a

substance included in schedule I. Within 30 days after the initiation

of prosecution with respect to a controlled substance analog by

indictment or information, the district attorney shall notify the

Board of information relevant to scheduling by extraordinary

regulation as provided for in NRS 453.2184. If the Board finally

determines that the controlled substance analog should not be

scheduled, no prosecution relating to that substance as a controlled

substance analog may be commenced or continued.

Sec. 6. NRS 453.233 is hereby amended to read as follows:

453.233 Upon the conviction of any person required to be

registered under the provisions of NRS 453.011 to 453.552,

inclusive, and section 1 of this act of a violation of any federal or

state law relating to any controlled substance, the prosecuting

attorney shall cause copies of the judgment of conviction to be sent

to the Board and to any other licensing agency by whom the

convicted person has been licensed or registered under the laws of

the State of Nevada to engage in the practice of his business or

profession.

Sec. 7. NRS 453.246 is hereby amended to read as follows:

453.246 Persons registered to dispense controlled substances

pursuant to the provisions of NRS 453.011 to 453.552, inclusive,

and section 1 of this act shall keep records and maintain inventories

in conformance with the recordkeeping and inventory requirements

of state and federal law and with any additional regulations the

Board issues.

Sec. 8. NRS 453.266 is hereby amended to read as follows:

453.266 1. Issuance and execution of an administrative

warrant for inspection [warrants shall] must be as follows:

(a) A magistrate, within his jurisdiction, and upon proper oath or

affirmation showing probable cause, may issue warrants for the

purpose of conducting administrative inspections authorized by the

provisions of NRS 453.011 to 453.552, inclusive, and section 1 of

this act or regulations of the Board or Division, and seizures of

property appropriate to the inspections. For purposes of the issuance

of administrative inspection warrants, probable cause exists upon

showing a valid public interest in the effective enforcement of the

provisions of NRS 453.011 to 453.552, inclusive, and section 1 of

this act or regulations of the Board or Division, sufficient to justify

administrative inspection of the area, premises, building or

conveyance in the circumstances specified in the application for the

warrant.

(b) A warrant [shall] must issue only upon an affidavit of an

officer or employee of the Board or Division having knowledge of

the facts alleged, sworn to before the magistrate and establishing the

grounds for issuing the warrant. If the magistrate is satisfied that

grounds for the application exist or that there is probable cause to

believe they exist, he shall issue a warrant identifying the area,

premises, building or conveyance to be inspected, the purpose of the

inspection, and, if appropriate, the type of property to be inspected,

if any.

2. The warrant [shall:] must:

(a) State the grounds for its issuance and the name of each

person whose affidavit has been taken in support thereof;

(b) Be directed to a person authorized to execute it;

inspection of the area, premises, building or conveyance identified

for the purpose specified and, if appropriate, direct the seizure of the

property specified;

(d) Identify the item or types of property to be seized, if any;

and

(e) Direct that it be served during normal business hours and

designate the magistrate to whom is shall be returned.

3. A warrant issued pursuant to this section [shall] must be

executed and returned within 10 days of its date of issuance unless,

upon a showing of a need for additional time, the magistrate orders

otherwise.

4. If property is seized pursuant to a warrant, a copy [shall]

must be given to the person from whom or from whose premises the

property is taken, together with a receipt for the property taken.

5. The return of the warrant [shall] must be made promptly,

accompanied by a written inventory of any property taken. The

inventory [shall] must be made in the presence of the person

executing the warrant and of the person from whose possession or

premises the property was taken, if present, or in the presence of at

least one credible person other than the person executing the

warrant. A copy of the inventory [shall] must be delivered to the

person from whom or from whose premises the property was taken

and to the applicant for the warrant.

6. The magistrate who has issued a warrant shall attach thereto

a copy of the return and all papers returnable in connection

therewith and file them with the clerk of the district court in the

county in which the inspection was made.

Sec. 9. NRS 453.271 is hereby amended to read as follows:

453.271 Any officer or employee of the Division designated by

his appointing authority may:

1. Carry firearms in the performance of his official duties;

2. Execute and serve search warrants, arrest warrants,

administrative [inspection warrants,] warrants for inspections,

subpoenas and summonses issued under the authority of this state;

3. Make arrests without warrant for any offense under the

provisions of NRS 453.011 to 453.552, inclusive, and section 1 of

this act committed in his presence, or if he has probable cause to

believe that the person to be arrested has committed or is

committing a violation of such sections which may constitute a

felony;

4. Make seizures of property pursuant to the provisions of NRS

453.011 to 453.552, inclusive[;] , and section 1 of this act; or

5. Perform other law enforcement duties as the Division

designates.

Sec. 10. NRS 453.281 is hereby amended to read as follows:

453.281 1. It is not necessary for the State to negate any

exemption or exception in the provisions of NRS 453.011 to

453.552, inclusive, and section 1 of this act in any complaint,

information, indictment or other pleading or in any trial, hearing or

other proceeding under such sections. The burden of proof of any

exemption or exception is upon the person claiming it.

2. In the absence of proof that a person is the duly authorized

holder of an appropriate registration or order form issued under the

provisions of NRS 453.011 to 453.552, inclusive[:] , and section 1

of this act:

(a) The person is presumed not to be the holder of the

registration or form; and

(b) The burden of proof is upon the person to rebut the

presumption.

3. No liability is imposed by the provisions of NRS 453.011 to

453.552, inclusive, and section 1 of this act upon any authorized

state, county or municipal officer engaged in the lawful performance

of his duties.

Sec. 11. NRS 453.286 is hereby amended to read as follows:

453.286 All final determinations, findings and conclusions of

the Board or Division under the provisions of NRS 453.011 to

453.552, inclusive, and section 1 of this act are final and conclusive

decisions of the matters involved. Any person aggrieved by the

decision is entitled to judicial review of the decision in the manner

provided by chapter 233B of NRS. Findings of fact by the Board or

Division, if supported by substantial evidence, are conclusive.

Sec. 12. NRS 453.301 is hereby amended to read as follows:

453.301 The following are subject to forfeiture pursuant to

NRS 179.1156 to 179.119, inclusive:

1. All controlled substances which have been manufactured,

distributed, dispensed or acquired in violation of the provisions of

NRS 453.011 to 453.552, inclusive, and section 1 of this act or a

law of any other jurisdiction which prohibits the same or similar

conduct.

2. All raw materials, products and equipment of any kind

which are used, or intended for use, in manufacturing,

compounding, processing, delivering, importing or exporting any

controlled substance in violation of the provisions of NRS 453.011

to 453.552, inclusive, and section 1 of this act or a law of any other

jurisdiction which prohibits the same or similar conduct.

3. All property which is used, or intended for use, as a

container for property described in subsections 1 and 2.

4. All books, records and research products and materials,

including formulas, microfilm, tapes and data, which are used, or

intended for use, in violation of the provisions of NRS 453.011 to

453.552, inclusive, and section 1 of this act or a law of any other

jurisdiction which prohibits the same or similar conduct.

5. All conveyances, including aircraft, vehicles or vessels,

which are used, or intended for use, to transport, or in any manner to

facilitate the transportation, concealment, manufacture or protection,

for the purpose of sale, possession for sale or receipt of property

described in subsection 1 or 2.

6. All drug paraphernalia as defined by NRS 453.554 which

are used in violation of NRS 453.560, 453.562 or 453.566 or a law

of any other jurisdiction which prohibits the same or similar

conduct, or of an injunction issued pursuant to NRS 453.558.

7. All imitation controlled substances which have been

manufactured, distributed or dispensed in violation of the provisions

of NRS 453.332 or 453.3611 to 453.3648, inclusive, and section 1

of this act or a law of any other jurisdiction which prohibits the

same or similar conduct.

8. All real property and mobile homes used or intended to be

used by any owner or tenant of the property or mobile home to

facilitate a violation of the provisions of NRS 453.011 to 453.552,

inclusive, and section 1 of this act, except NRS 453.336, or used or

intended to be used to facilitate a violation of a law of any other

jurisdiction which prohibits the same or similar conduct as

prohibited in NRS 453.011 to 453.552, inclusive, and section 1 of

this act, except NRS 453.336. As used in this subsection, “tenant”

means any person entitled, under a written or oral rental agreement,

to occupy real property or a mobile home to the exclusion of others.

9. Everything of value furnished or intended to be furnished in

exchange for a controlled substance in violation of the provisions of

NRS 453.011 to 453.552, inclusive, and section 1 of this act or a

law of any other jurisdiction which prohibits the same or similar

conduct, all proceeds traceable to such an exchange, and all other

property used or intended to be used to facilitate a violation of the

provisions of NRS 453.011 to 453.552, inclusive, and section 1 of

this act, except NRS 453.336, or used or intended to be used to

facilitate a violation of a law of any other jurisdiction which

prohibits the same or similar conduct as prohibited in NRS 453.011

to 453.552, inclusive, and section 1 of this act, except NRS

453.336. If an amount of cash which exceeds $300 is found in the

possession of a person who is arrested for a violation of NRS

453.337 or 453.338, then there is a rebuttable presumption that the

cash is traceable to an exchange for a controlled substance and is

subject to forfeiture pursuant to this subsection.

10. All firearms, as defined by NRS 202.253, which are in the

actual or constructive possession of a person who possesses or is

consuming, manufacturing, transporting, selling or under the

influence of any controlled substance in violation of the provisions

of NRS 453.011 to 453.552, inclusive, and section 1 of this act or a

law of any other jurisdiction which prohibits the same or similar

conduct.

11. All computer hardware, equipment, accessories, software

and programs that are in the actual or constructive possession of a

person who owns, operates, controls, profits from or is employed or

paid by an illegal Internet pharmacy and who violates the provisions

of NRS 453.3611 to 453.3648, inclusive, and section 1 of this act or

a law of any other jurisdiction which prohibits the same or similar

conduct.

Sec. 13. NRS 453.305 is hereby amended to read as follows:

453.305 1. Whenever a person is arrested for violating any of

the provisions of NRS 453.011 to 453.552, inclusive, and section 1

of this act, except NRS 453.336, and real property or a mobile home

occupied by him as a tenant has been used to facilitate the violation,

the prosecuting attorney responsible for the case shall cause to be

delivered to the owner of the property or mobile home a written

notice of the arrest.

2. Whenever a person is convicted of violating any of the

provisions of NRS 453.011 to 453.552, inclusive, and section 1 of

this act, except NRS 453.336, and real property or a mobile home

occupied by him as a tenant has been used to facilitate the violation,

the prosecuting attorney responsible for the case shall cause to be

delivered to the owner of the property or mobile home a written

notice of the conviction.

3. The notices required by this section must:

(a) Be written in language which is easily understood;

(b) Be sent by certified or registered mail, return receipt

requested, to the owner at his last known address;

conviction is entered against the tenant, as the case may be;

(d) Identify the tenant involved and the offense for which he has

been arrested or convicted; and

(e) Advise the owner that:

(1) The property or mobile home is subject to forfeiture

pursuant to NRS 179.1156 to 179.119, inclusive, and 453.301 unless

the tenant, if convicted, is evicted;

(2) Any similar violation by the same tenant in the future

may also result in the forfeiture of the property unless the tenant has

been evicted;

(3) In any proceeding for forfeiture based upon such a

violation he will, by reason of the notice, be deemed to have known

of and consented to the unlawful use of the property or mobile

home; and

(4) The provisions of NRS 40.2514 and 40.254 authorize the

supplemental remedy of summary eviction to facilitate his recovery

of the property or mobile home upon such a violation and provide

for the recovery of any reasonable attorney’s fees he incurs in doing

so.

4. Nothing in this section shall be deemed to preclude the

commencement of a proceeding for forfeiture or the forfeiture of the

property or mobile home, whether or not the notices required by this

section are given as required, if the proceeding and forfeiture are

otherwise authorized pursuant to NRS 179.1156 to 179.119,

inclusive, and 453.301.

5. As used in this section, “tenant” means any person entitled

under a written or oral rental agreement to occupy real property or a

mobile home to the exclusion of others.

Sec. 14. NRS 453.311 is hereby amended to read as follows:

453.311 1. Controlled substances listed in schedule I:

(a) That are possessed, transferred, sold or offered for sale in

violation of the provisions of NRS 453.011 to 453.552, inclusive,

and section 1 of this act are contraband and [shall] must be seized

and summarily forfeited to the State.

(b) Which are seized or come into the possession of the State,

the owners of which are unknown, are contraband and [shall] must

be summarily forfeited to the State.

2. Species of plants from which controlled substances in

schedules I and II may be derived which have been planted or

cultivated in violation of the provisions of NRS 453.011 to 453.552,

inclusive, and section 1 of this act or of which the owners or

cultivators are unknown, or which are wild growths, may be seized

and summarily forfeited to the State.

3. The failure, upon demand by the Division or other law

enforcement agency, or the authorized agent of either, of the person

in occupancy or in control of land or premises upon which the

species of plants are growing or being stored, to produce an

appropriate registration, or proof that he is the holder thereof,

constitutes authority for the seizure and forfeiture of the plants.

Sec. 15. NRS 453.326 is hereby amended to read as follows:

453.326 1. It is unlawful for a person:

(a) To refuse or fail to make, keep or furnish any record,

notification, order form, statement, invoice or information required

under the provisions of NRS 453.011 to 453.552, inclusive[;] , and

section 1 of this act;

(b) To refuse an entry into any premises for any inspection

authorized by the provisions of NRS 453.011 to 453.552, inclusive

[;] , and section 1 of this act; or

dwelling, building, vehicle, boat, aircraft or other structure or place

which is resorted to by persons using controlled substances in

violation of the provisions of NRS 453.011 to 453.552, inclusive,

and section 1 of this act for the purpose of using these substances,

or which is used for keeping or selling them in violation of those

sections.

2. A person who violates this section is guilty of a category C

felony and shall be punished as provided in NRS 193.130.

Sec. 16. NRS 453.3363 is hereby amended to read as follows:

453.3363 1. If a person who has not previously been

convicted of any offense pursuant to NRS 453.011 to 453.552,

inclusive, and section 1 of this act or pursuant to any statute of the

United States or of any state relating to narcotic drugs, marijuana, or

stimulant, depressant or hallucinogenic substances tenders a plea of

guilty, guilty but mentally ill, nolo contendere or similar plea to a

charge pursuant to subsection 2 or 3 of NRS 453.336, NRS 453.411

or 454.351, or is found guilty of one of those charges, the court,

without entering a judgment of conviction and with the consent of

the accused, may suspend further proceedings and place him on

probation upon terms and conditions that must include attendance

and successful completion of an educational program or, in the case

of a person dependent upon drugs, of a program of treatment and

rehabilitation pursuant to NRS 453.580.

2. Upon violation of a term or condition, the court may enter a

judgment of conviction and proceed as provided in the section

pursuant to which the accused was charged. Notwithstanding the

provisions of paragraph (e) of subsection 2 of NRS 193.130, upon

violation of a term or condition, the court may order the person to

the custody of the Department of Corrections.

3. Upon fulfillment of the terms and conditions, the court shall

discharge the accused and dismiss the proceedings against him. A

nonpublic record of the dismissal must be transmitted to and

retained by the Division of Parole and Probation of the Department

of Public Safety solely for the use of the courts in determining

whether, in later proceedings, the person qualifies under this section.

4. Except as otherwise provided in subsection 5, discharge and

dismissal under this section is without adjudication of guilt and is

not a conviction for purposes of this section or for purposes of

employment, civil rights or any statute or regulation or license or

questionnaire or for any other public or private purpose, but is a

conviction for the purpose of additional penalties imposed for

second or subsequent convictions or the setting of bail. Discharge

and dismissal restores the person discharged, in the contemplation

of the law, to the status occupied before the arrest, indictment or

information. He may not be held thereafter under any law to be

guilty of perjury or otherwise giving a false statement by reason of

failure to recite or acknowledge that arrest, indictment, information

or trial in response to an inquiry made of him for any purpose.

Discharge and dismissal under this section may occur only once

with respect to any person.

5. A professional licensing board may consider a proceeding

under this section in determining suitability for a license or liability

to discipline for misconduct. Such a board is entitled for those

purposes to a truthful answer from the applicant or licensee

concerning any such proceeding with respect to him.

Sec. 17. NRS 453.346 is hereby amended to read as follows:

453.346 1. If a violation of NRS 453.011 to 453.552,

inclusive, and section 1 of this act is a violation of a federal law or

the law of another state, a conviction or acquittal under federal law

or the law of another state for the same act is a bar to prosecution in

this state.

2. The provisions of subsection 1 do not prohibit any licensing

board within this state from proceeding administratively to suspend

or revoke any certificate, license or permit held by any person who

has been convicted of a violation of any federal or state controlled

substance law.

Sec. 18. NRS 453.3635 is hereby amended to read as follows:

453.3635 1. The provisions of NRS 453.3611 to 453.3648,

inclusive, and section 1 of this act do not apply to a person who is:

[1.] (a) A common or contract carrier or warehouseman, or an

employee thereof, unless the person is acting outside of the usual

course of his business or employment and knows or has reasonable

cause to believe that the act or transaction is unlawful.

2.] (b) The intended recipient of a substance or drug, unless the

intended recipient knows or has reasonable cause to believe that the

act or transaction is unlawful.

2. The provisions of NRS 453.3611 to 453.3648, inclusive,

and section 1 of this act do not prohibit a person from filling or

refilling a prescription for a prescription drug during the period in

which the prescription is valid pursuant to NRS 453.256 if the

person is otherwise authorized by the provisions of NRS 453.011

to 453.552, inclusive, and section 1 of this act to dispense or

distribute the prescription drug.

Sec. 19. NRS 453.3648 is hereby amended to read as follows:

453.3648 1. The Attorney General has concurrent jurisdiction

with the district attorneys of this state for the enforcement of the

provisions of NRS 453.3611 to 453.3648, inclusive[.] , and section

1 of this act.

2. The Attorney General may investigate and prosecute a

practitioner or any other person who violates the provisions of:

(a) NRS 453.3611 to 453.3648, inclusive[;] , and section 1 of

this act; and

(b) Any other statute if the violation is committed by the

practitioner or person in the course of committing a violation

described in paragraph (a).

3. When acting pursuant to this section, the Attorney General

may commence his investigation and file a criminal action without

leave of court, and the Attorney General has exclusive charge of the

conduct of the prosecution.

Sec. 20. NRS 453.381 is hereby amended to read as follows:

453.381 1. In addition to the limitations imposed by NRS

453.256 and 453.3611 to 453.3648, inclusive, and section 1 of this

act, a physician, physician assistant, dentist, advanced practitioner

of nursing or podiatric physician may prescribe or administer

controlled substances only for a legitimate medical purpose and in

the usual course of his professional practice, and he shall not

prescribe, administer or dispense a controlled substance listed in

schedule II for himself, his spouse or his children except in cases of

emergency.

2. A veterinarian, in the course of his professional practice

only, and not for use by a human being, may prescribe, possess and

administer controlled substances, and he may cause them to be

administered by a veterinary technician under his direction and

supervision.

3. A euthanasia technician, within the scope of his license, and

not for use by a human being, may possess and administer sodium

pentobarbital.

4. A pharmacist shall not fill an order which purports to be a

prescription if he has reason to believe that it was not issued in the

usual course of the professional practice of a physician, physician

assistant, dentist, advanced practitioner of nursing, podiatric

physician or veterinarian.

5. Any person who has obtained from a physician, physician

assistant, dentist, advanced practitioner of nursing, podiatric

physician or veterinarian any controlled substance for administration

to a patient during the absence of the physician, physician assistant,

dentist, advanced practitioner of nursing, podiatric physician or

veterinarian shall return to him any unused portion of the substance

when it is no longer required by the patient.

6. A manufacturer, wholesale supplier or other person legally

able to furnish or sell any controlled substance listed in schedule II

shall not provide samples of such a controlled substance to

registrants.

7. A salesman of any manufacturer or wholesaler of

pharmaceuticals shall not possess, transport or furnish any

controlled substance listed in schedule II.

8. A person shall not dispense a controlled substance in

violation of a regulation adopted by the Board.

Sec. 21. NRS 453.541 is hereby amended to read as follows:

453.541 The criminal sanction provided in NRS 453.011 to

453.552, inclusive, and section 1 of this act does not apply to that

plant of the genus Lophophora commonly known as peyote when

such drug is used as the sacrament in religious rites of any bona fide

religious organization.

Sec. 22. NRS 453.551 is hereby amended to read as follows:

453.551 All agents or inspectors of the Board or Division,

peace officers, and the Attorney General, district attorneys and their

deputies while investigating violations of the provisions of NRS

453.011 to 453.552, inclusive, and section 1 of this act in

performance of their official duties, and any person working under

their immediate direction, supervision or instruction are immune

from prosecution under the provisions of such sections for acts

which would otherwise be unlawful under such provisions but

which are reasonably necessary in the performance of their official

duties.

Sec. 23. NRS 453.552 is hereby amended to read as follows:

453.552 1. Any penalty imposed for violation of NRS

453.011 to 453.551, inclusive, and section 1 of this act is in

addition to, and not in lieu of, any civil or administrative penalty or

sanction otherwise authorized by law.

2. Any violation of the provisions of NRS 453.011 to 453.551,

inclusive, and section 1 of this act where no other penalty is

specifically provided, is a misdemeanor.

Sec. 24. NRS 453.553 is hereby amended to read as follows:

453.553 1. In addition to any criminal penalty imposed for a

violation of the provisions of NRS 453.011 to 453.552, inclusive,

and section 1 of this act, any person who unlawfully sells,

manufactures, delivers or brings into this state, possesses for sale or

participates in any way in a sale of a controlled substance listed in

schedule I, II or III or who engages in any act or transaction in

violation of the provisions of NRS 453.3611 to 453.3648, inclusive,

and section 1 of this act is subject to a civil penalty for each

violation. This penalty must be recovered in a civil action, brought

in the name of the State of Nevada by the Attorney General or by

any district attorney in a court of competent jurisdiction.

2. As used in this section and NRS 453.5531, 453.5532 and

453.5533:

(a) “Each violation” includes a continuous or repetitive violation

arising out of the same act.

(b) “Sell” includes exchange, barter, solicitation or receipt of an

order, transfer to another for sale or resale and any other transfer for

any consideration or a promise obtained directly or indirectly.

(1) Was manufactured by a person who at the time was not

currently registered with the Secretary of Health and Human

Services; and

(2) Is an imitation of or intended for use as a substitute for a

substance listed in schedule I, II or III.

Sec. 25. NRS 453.5531 is hereby amended to read as follows:

453.5531 1. The State of Nevada is entitled, in a civil action

brought pursuant to NRS 453.553 involving marijuana, to a civil

penalty in an amount:

(a) Not to exceed $350,000, if the quantity involved is 100

pounds or more, but less than 2,000 pounds.

(b) Not to exceed $700,000, if the quantity involved is 2,000

pounds or more, but less than 10,000 pounds.

pounds or more.

2. The State of Nevada is entitled, in a civil action brought

pursuant to NRS 453.553 involving a controlled substance, except

marijuana, which is listed in schedule I or a substitute therefor, to a

civil penalty in an amount:

(a) Not to exceed $350,000, if the quantity involved is 4 grams

or more, but less than 14 grams.

(b) Not to exceed $700,000, if the quantity involved is 14 grams

or more, but less than 28 grams.

grams or more.

3. The State of Nevada is entitled, in a civil action brought

pursuant to NRS 453.553 involving a controlled substance which is

listed in schedule II or III or a substitute therefor, to a civil penalty

in an amount:

(a) Not to exceed $350,000, if the quantity involved is 28 grams

or more, but less than 200 grams.

(b) Not to exceed $700,000, if the quantity involved is 200

grams or more, but less than 400 grams.

grams or more.

4. Unless a greater civil penalty is authorized by another

provision of this section, the State of Nevada is entitled, in a civil

action brought pursuant to NRS 453.553 involving any act or

transaction in violation of the provisions of NRS 453.3611 to

453.3648, inclusive, and section 1 of this act to a civil penalty in an

amount not to exceed $350,000.

Sec. 26. NRS 453.5533 is hereby amended to read as follows:

453.5533 1. A civil action brought pursuant to NRS 453.553

must be brought within 3 years after the conduct in violation of the

provisions of NRS 453.011 to 453.552, inclusive, and section 1 of

this act occurs.

2. Such a civil action is not barred by a prior acquittal of the

defendant in a criminal action arising out of the same act,

transaction or occurrence. A final judgment or decree rendered in

favor of the State in any criminal proceeding arising out of the same

act, transaction or occurrence estops the defendant in a subsequent

civil action from denying the essential allegations of the criminal

offense.

Sec. 27. NRS 453.570 is hereby amended to read as follows:

453.570 The amount of a controlled substance needed to

sustain a conviction of a person for an offense prohibited by the

provisions of NRS 453.011 to 453.552, inclusive, and section 1 of

this act is that amount necessary for identification as a controlled

substance by a witness qualified to make such identification.

Sec. 28. NRS 40.2514 is hereby amended to read as follows:

40.2514 A tenant of real property or a mobile home for a term

less than life is guilty of an unlawful detainer when he:

1. Assigns or sublets the leased premises contrary to the

covenants of the lease;

2. Commits or permits waste thereon;

3. Sets up or carries on therein or thereon any unlawful

business;

4. Suffers, permits or maintains on or about the premises any

nuisance; or

5. Violates any of the provisions of NRS 453.011 to 453.552,

inclusive, and section 1 of this act, except NRS 453.336, therein or

thereon,

and remains in possession after service upon him of 3 days’ notice

to quit.

Sec. 29. NRS 40.254 is hereby amended to read as follows:

40.254 Except as otherwise provided by specific statute, in

addition to the remedy provided in NRS 40.251 and in NRS 40.290

to 40.420, inclusive, when the tenant of a dwelling unit which is

subject to the provisions of chapter 118A of NRS, part of a low-rent

housing program operated by a public housing authority, a mobile

home or a recreational vehicle is guilty of an unlawful detainer, the

landlord is entitled to the summary procedures provided in NRS

40.253 except that:

1. Written notice to surrender the premises must:

(a) Be given to the tenant in accordance with the provisions of

NRS 40.280;

(b) Advise the tenant of the court that has jurisdiction over the

matter; and

within 5 days an affidavit with the court that has jurisdiction over

the matter that he is not guilty of an unlawful detainer.

2. The affidavit of the landlord or his agent submitted to the

justice’s court or the district court must contain:

(a) The date when the tenancy commenced, the term of the

tenancy, and, if any, a copy of the rental agreement.

(b) The date when the tenancy or rental agreement allegedly

terminated.

NRS 40.251 to 40.2516, inclusive, together with any supporting

facts.

(d) The date when the written notice was given, a copy of the

notice and a statement that notice was served in accordance with

NRS 40.280.

(e) A statement that the claim for relief was authorized by law.

3. If the tenant is found guilty of unlawful detainer as a result

of his violation of any of the provisions of NRS 453.011 to 453.552,

inclusive, and section 1 of this act, except NRS 453.336, the

landlord is entitled to be awarded any reasonable attorney’s fees

incurred by the landlord or his agent as a result of a hearing, if any,

held pursuant to subsection 6 of NRS 40.253 wherein the tenant

contested the eviction.

Sec. 30. NRS 179.1164 is hereby amended to read as follows:

179.1164 1. Except as otherwise provided in subsection 2,

the following property is subject to seizure and forfeiture in a

proceeding for forfeiture:

(a) Any proceeds attributable to the commission or attempted

commission of any felony.

(b) Any property or proceeds otherwise subject to forfeiture

pursuant to NRS 179.121, 200.760, 202.257, 453.301 or 501.3857.

2. Property may not, to the extent of the interest of any

claimant, be declared forfeited by reason of an act or omission

shown to have been committed or omitted without the knowledge,

consent or willful blindness of the claimant.

3. Unless the owner of real property or a mobile home:

(a) Has given the tenant notice to surrender the premises

pursuant to NRS 40.254 within 90 days after the owner receives

notice of a conviction pursuant to subsection 2 of NRS 453.305; or

(b) Shows the court that he had good cause not to evict the

tenant summarily pursuant to NRS 40.254,

the owner of real property or a mobile home used or intended for

use by a tenant to facilitate any violation of the provisions of NRS

453.011 to 453.552, inclusive, and section 1 of this act, except NRS

453.336, is disputably presumed to have known of and consented to

that use if the notices required by NRS 453.305 have been given in

connection with another such violation relating to the property or

mobile home. The holder of a lien or encumbrance on the property

or mobile home is disputably presumed to have acquired his interest

in the property for fair value and without knowledge or consent to

such use, regardless of when the act giving rise to the forfeiture

occurred.

Sec. 31. NRS 639.070 is hereby amended to read as follows:

639.070 1. The Board may:

(a) Adopt such regulations, not inconsistent with the laws of this

state, as are necessary for the protection of the public, appertaining

to the practice of pharmacy and the lawful performance of its duties.

(b) Adopt regulations requiring that prices charged by retail

pharmacies for drugs and medicines which are obtained by

prescription be posted in the pharmacies and be given on the

telephone to persons requesting such information.

state, authorizing the Secretary to issue certificates, licenses and

permits required by this chapter and chapters 453 and 454 of NRS.

(d) Adopt regulations governing the dispensing of poisons,

drugs, chemicals and medicines.

(e) Regulate the practice of pharmacy.

(f) Regulate the sale and dispensing of poisons, drugs, chemicals

and medicines.

(g) Regulate the means of recordkeeping and storage, handling,

sanitation and security of drugs, poisons, medicines, chemicals and

devices, including, but not limited to, requirements relating to:

(1) Pharmacies, institutional pharmacies and pharmacies in

correctional institutions;

(2) Drugs stored in hospitals; and

(3) Drugs stored for the purpose of wholesale distribution.

(h) Examine and register, upon application, pharmacists and

other persons who dispense or distribute medications whom it

deems qualified.

(i) Charge and collect necessary and reasonable fees for its

services, other than those specifically set forth in this chapter.

(j) Maintain offices in as many localities in the State as it finds

necessary to carry out the provisions of this chapter.

(k) Employ an attorney, inspectors, investigators and other

professional consultants and clerical personnel necessary to the

discharge of its duties.

(l) Enforce the provisions of NRS 453.011 to 453.552, inclusive,

and section 1 of this act and enforce the provisions of this chapter

and chapter 454 of NRS.

(m) Adopt regulations concerning the information required to be

submitted in connection with an application for any license,

certificate or permit required by this chapter or chapter 453 or 454

of NRS.

(n) Adopt regulations concerning the education, experience and

background of a person who is employed by the holder of a license

or permit issued pursuant to this chapter and who has access to

drugs and devices.

(o) Adopt regulations concerning the use of computerized

mechanical equipment for the filling of prescriptions.

(p) Participate in and expend money for programs that enhance

the practice of pharmacy.

2. This section does not authorize the Board to prohibit open-

market competition in the advertising and sale of prescription drugs

and pharmaceutical services.

Sec. 32. NRS 639.235 is hereby amended to read as follows:

639.235 1. No person other than a practitioner holding a

license to practice his profession in this state may prescribe or write

a prescription, except that a prescription written by a person not

licensed to practice in this state but 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[.] , and

section 1 of this act.

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, in his professional judgment, 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 each such prescription.

Sec. 33. This act becomes effective on July 1, 2003.

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