Amendment No. 872

 

Assembly Amendment to Senate Bill No. 425  Third Reprint                                               (BDR 54‑530)

Proposed by: Committee on Commerce and Labor

Amendment Box: Resolves conflict with S.B. 387. Makes substantive changes.

Resolves Conflicts with: SB387

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of SB425 R3 (§ 20).

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                       

       Receded        Not                                               |         Receded        Not                                           

 

     Amend the bill as a whole by adding an enacting clause, following the title, to read as follows:

“THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:”.

     Amend section 1, page 1, line 2, by deleting:

“2, 3 and 3.5” and inserting:

“2 to 3.7, inclusive,”.

     Amend sec. 3.5, page 2, line 10, by deleting “Board;” and inserting:

Board or the board or other relevant authority of another state;”.

     Amend sec. 3.5, page 2, line 16, by deleting “Board;” and inserting:

Board or the board or other relevant authority of another state;”.

     Amend the bill as a whole by adding a new section designated as sec. 3.7, following sec. 3.5, to read as follows:

     “Sec. 3.7. 1.  A pharmacist shall not refuse to fill or refill a prescription as written unless the pharmacist knows or has reasonable cause to believe that the prescription is:

     (a) Fraudulent;

     (b) Issued contrary to law; or

     (c) Contraindicated.

     2.  If a pharmacist refuses to dispense a prescription pursuant to paragraph (c) of subsection 1, the pharmacist shall consult with the prescribing practitioner as soon as practicable.

     3.  The provisions of this section do not:

     (a) Require a pharmacist to stock a particular drug; or

     (b) Prohibit a pharmacist from:

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

          (2) Requiring payment for a drug in the normal course of business.”.

     Amend the bill as a whole by deleting sec. 7 and adding:

     “Sec. 7.  (Deleted by amendment.)”.

     Amend sec. 13, page 7, by deleting lines 27 and 28 and inserting:

“intern pharmacist [or supportive personnel] , pharmaceutical technician or pharmaceutical technician in training or a license issued”.

     Amend sec. 14, page 7, by deleting lines 34 and 35 and inserting:

“intern pharmacist [or supportive personnel] , pharmaceutical technician or pharmaceutical technician in training or a license issued”.

     Amend sec. 14, page 8, by deleting lines 2 and 3 and inserting:

“intern pharmacist [or supportive personnel] , pharmaceutical technician or pharmaceutical technician in training or a license issued”.

     Amend sec. 16, page 9, by deleting line 16 and inserting:

[supportive personnel,] pharmaceutical technicians, including”.

     Amend sec. 16, page 9, by deleting line 19 and inserting:

[supportive personnel;] pharmaceutical technicians; and”.

     Amend sec. 16, page 9, by deleting line 21 and inserting:

[supportive personnel,] pharmaceutical technicians,”.

     Amend sec. 20, page 11, between lines 24 and 25, by inserting:

[For the initial registration of supportive personnel....................................................................... 50

For the biennial renewal of registration of supportive personnel................................................. 50]”.

     Amend sec. 20, page 11, by deleting lines 31 through 33.

     Amend sec. 21, page 12, by deleting lines 42 and 43 and inserting:

“intern pharmacist [or supportive personnel] , pharmaceutical technician or pharmaceutical technician in training or a license issued”.

     Amend sec. 25, page 15, lines 27 and 28, by deleting “intentional”.

     Amend sec. 25, page 15, line 29, by deleting “summary”.

     Amend sec. 27, page 17, between lines 33 and 34, by inserting:

     “5.  As used in this section, “peace officer” does not include:

     (a) A member of the Police Department of the University and Community College System of Nevada.

     (b) A school police officer who is appointed or employed pursuant to NRS 391.100.”.

     Amend sec. 36, page 20, by deleting lines 35 through 37 and inserting:

“registration as a pharmacist, [an] intern pharmacist [or supportive personnel] , pharmaceutical technician or pharmaceutical technician in training or a license issued pursuant to NRS 639.223, the Board”.

     Amend sec. 36, page 21, by deleting lines 2 and 3 and inserting:

“pharmacist, [an] intern pharmacist [or supportive personnel] , pharmaceutical technician or pharmaceutical technician in training or a”.

     Amend the bill as a whole by deleting sections 38 and 39 and adding:

     “Secs. 38 and 39.  (Deleted by amendment.)”.

     Amend sec. 50, page 32, line 43, before “639.133,” by inserting “639.0152,”

     Amend the leadlines of repealed sections by adding the leadline of NRS 639.0152.

     Amend the title of the bill to read as follows:

AN ACT relating to pharmacy; prohibiting a pharmacist from refusing to fill or refill a prescription under certain circumstances; eliminating the provisions relating to the regulation of supportive personnel; increasing the fee for the biennial renewal of a license for a manufacturer or wholesaler; abolishing inactive licenses; revising provisions governing the sale and purchase of prescription drugs by a wholesaler; revising provisions governing a rehearing of the State Board of Pharmacy concerning a contest or appeal of a decision of the Board; repealing the requirement that a notice concerning the substitution of certain drugs be displayed in a pharmacy; authorizing persons enrolled in certain training programs to administer controlled substances and certain drugs and medicines; and providing other matters properly relating thereto.”.