Senate Bill No. 425–Committee on Commerce and Labor

 

(On Behalf of the Board of Pharmacy)

 

March 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes relating to pharmacy. (BDR 54‑530)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

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.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

 

 


2-1  Section 1. Chapter 639 of NRS is hereby amended by adding

2-2  thereto the provisions set forth as sections 2 to 3.7, inclusive, of this

2-3  act.

2-4  Sec. 2.  “Pharmaceutical technician” means a person who

2-5  performs technical services in a pharmacy under the direct

2-6  supervision of a pharmacist and is registered with the Board.

2-7  Sec. 3.  “Pharmaceutical technician in training” means a

2-8  person who is:

2-9  1.  Registered with the Board in order to obtain the training

2-10  and experience required to be a pharmaceutical technician; or

2-11      2.  Enrolled in a program of training for pharmaceutical

2-12  technicians that is approved by the Board.

2-13      Sec. 3.5. 1.  A wholesaler may sell a prescription drug only

2-14  to:

2-15      (a) A pharmacy or practitioner; or

2-16      (b) Another wholesaler if:

2-17          (1) The wholesaler who purchases the drug is licensed by

2-18  the Board or the board or other relevant authority of another

2-19  state; and

2-20          (2) The sale is a bona fide transaction.

2-21      2.  A wholesaler may purchase a prescription drug only from:

2-22      (a) A manufacturer; or

2-23      (b) Another wholesaler if:

2-24          (1) The wholesaler who sells the drug is licensed by the

2-25  Board or the board or other relevant authority of another state;

2-26  and

2-27          (2) The sale is a bona fide transaction.

2-28      3.  The Board shall not limit the quantity of prescription drugs

2-29  a wholesaler may purchase, sell, distribute or otherwise provide to

2-30  another wholesaler, distributor or manufacturer.

2-31      4.  For the purposes of this section:

2-32      (a) A purchase shall be deemed a bona fide transaction if:

2-33          (1) The wholesaler purchased the drug:

2-34             (I) Directly from the manufacturer of the drug; or

2-35             (II) With a reasonable belief that the drug was

2-36  originally purchased directly from the manufacturer of the drug;

2-37          (2) The circumstances of the purchase reasonably indicate

2-38  that the drug was not purchased from a source prohibited by law;

2-39          (3) Unless the drug is purchased by the wholesaler from the

2-40  manufacturer, before the wholesaler sells the drug to another

2-41  wholesaler, the wholesaler who sells the drug conducts a

2-42  reasonable visual examination of the drug to ensure that the drug

2-43  is not:

2-44              (I) Counterfeit;


3-1           (II) Deemed to be adulterated or misbranded in

3-2  accordance with the provisions of chapter 585 of NRS;

3-3           (III) Mislabeled;

3-4           (IV) Damaged or compromised by improper handling,

3-5  storage or temperature control;

3-6           (V) From a foreign or unlawful source; or

3-7           (VI) Manufactured, packaged, labeled or shipped in

3-8  violation of any state or federal law relating to prescription drugs;

3-9       (4) The drug is shipped directly from the wholesaler who

3-10  sells the drug to the wholesaler who purchases the drug; and

3-11          (5) The documents of the shipping company concerning the

3-12  shipping of the drug are attached to the invoice for the drug and

3-13  are maintained in the records of the wholesaler.

3-14      (b) A sale shall be deemed a bona fide transaction if there is a

3-15  reasonable assurance by the wholesaler that purchases the drug

3-16  that the wholesaler will sell the drug directly and only to a

3-17  pharmacy or practitioner.

3-18      (c) The purchase or sale of a prescription drug includes,

3-19  without limitation, the distribution, transfer, trading, bartering or

3-20  any other provision of a prescription drug to another person by a

3-21  wholesaler. A transfer of a prescription drug from a wholesale

3-22  facility of a wholesaler to another wholesale facility of the

3-23  wholesaler shall not be deemed a purchase or sale of a

3-24  prescription drug pursuant to this section if the wholesaler is a

3-25  corporation whose securities are publicly traded and regulated by

3-26  the Securities Exchange Act of 1934.

3-27      Sec. 3.7. 1.  A pharmacist shall not refuse to fill or refill a

3-28  prescription as written unless the pharmacist knows or has

3-29  reasonable cause to believe that the prescription is:

3-30      (a) Fraudulent;

3-31      (b) Issued contrary to law; or

3-32      (c) Contraindicated.

3-33      2.  If a pharmacist refuses to dispense a prescription pursuant

3-34  to paragraph (c) of subsection 1, the pharmacist shall consult with

3-35  the prescribing practitioner as soon as practicable.

3-36      3.  The provisions of this section do not:

3-37      (a) Require a pharmacist to stock a particular drug; or

3-38      (b) Prohibit a pharmacist from:

3-39          (1) Substituting a drug pursuant to NRS 639.2583; or

3-40          (2) Requiring payment for a drug in the normal course of

3-41  business.

3-42      Sec. 4.  NRS 639.001 is hereby amended to read as follows:

3-43      639.001  As used in this chapter, unless the context otherwise

3-44  requires, the words and terms defined in NRS 639.0015 to 639.016,


4-1  inclusive, and sections 2 and 3 of this act have the meanings

4-2  ascribed to them in those sections.

4-3  Sec. 5.  NRS 639.0124 is hereby amended to read as follows:

4-4  639.0124  “Practice of pharmacy” includes, but is not limited

4-5  to, the:

4-6  1.  Performance or supervision of activities associated with

4-7  manufacturing, compounding, labeling, dispensing and distributing

4-8  of a drug[.] , including the receipt, handling and storage of

4-9  prescriptions and other confidential information relating to

4-10  patients.

4-11      2.  Interpretation and evaluation of prescriptions or orders for

4-12  medicine.

4-13      3.  Participation in drug evaluation and drug research.

4-14      4.  Advising of the therapeutic value, reaction, drug interaction,

4-15  hazard and use of a drug.

4-16      5.  Selection of the source, storage and distribution of a drug.

4-17      6.  Maintenance of proper documentation of the source, storage

4-18  and distribution of a drug.

4-19      7.  Interpretation of clinical data contained in a person’s record

4-20  of medication.

4-21      8.  Development of written guidelines and protocols in

4-22  collaboration with a practitioner which are intended for a patient in a

4-23  licensed medical facility and authorize the implementation,

4-24  monitoring and modification of drug therapy. The written

4-25  guidelines and protocols may authorize a pharmacist to order and

4-26  use the findings of laboratory tests and examinations.

4-27      9.  Implementation and modification of drug therapy in

4-28  accordance with the authorization of the prescribing practitioner for

4-29  a patient in a pharmacy in which drugs, controlled substances,

4-30  poisons, medicines or chemicals are sold at retail.

4-31  The term does not include the changing of a prescription by a

4-32  pharmacist or practitioner without the consent of the prescribing

4-33  practitioner, except as otherwise provided in NRS 639.2583.

4-34      Sec. 6.  NRS 639.015 is hereby amended to read as follows:

4-35      639.015  “Registered pharmacist” means:

4-36      1.  A person registered in this state as such on July 1, 1947;

4-37      2.  A person registered in this state as such in compliance with

4-38  the provisions of paragraph (c) of section 3 of chapter 195, Statutes

4-39  of Nevada 1951; or

4-40      3.  A person who has complied with the provisions of NRS

4-41  639.120 [and 639.133] and whose name has been entered in the

4-42  registry of pharmacists of this state by the Executive Secretary of

4-43  the Board and to whom a valid certificate as a registered pharmacist

4-44  or valid renewal thereof has been issued by the Board.

4-45      Sec. 7.  (Deleted by amendment.)


5-1  Sec. 8.  NRS 639.040 is hereby amended to read as follows:

5-2  639.040  1.  The Board shall elect a President and a Treasurer

5-3  from among its members.

5-4  2.  The Board shall employ [a] an Executive Secretary, who

5-5  must not be a member of the Board. The Executive Secretary shall

5-6  keep a complete record of all proceedings of the Board and of all

5-7  certificates issued, and shall perform such other duties as the Board

5-8  may require, for which services he is entitled to receive a salary to

5-9  be determined by the Board.

5-10      Sec. 9.  NRS 639.070 is hereby amended to read as follows:

5-11      639.070  1.  The Board may:

5-12      (a) Adopt such regulations, not inconsistent with the laws of this

5-13  state, as are necessary for the protection of the public, appertaining

5-14  to the practice of pharmacy and the lawful performance of its duties.

5-15      (b) Adopt regulations requiring that prices charged by retail

5-16  pharmacies for drugs and medicines which are obtained by

5-17  prescription be posted in the pharmacies and be given on the

5-18  telephone to persons requesting such information.

5-19      (c) Adopt regulations, not inconsistent with the laws of this

5-20  state, authorizing the Executive Secretary of the Board to issue

5-21  certificates, licenses and permits required by this chapter and

5-22  chapters 453 and 454 of NRS.

5-23      (d) Adopt regulations governing the dispensing of poisons,

5-24  drugs, chemicals and medicines.

5-25      (e) Regulate the practice of pharmacy.

5-26      (f) Regulate the sale and dispensing of poisons, drugs, chemicals

5-27  and medicines.

5-28      (g) Regulate the means of recordkeeping and storage, handling,

5-29  sanitation and security of drugs, poisons, medicines, chemicals and

5-30  devices, including, but not limited to, requirements relating to:

5-31          (1) Pharmacies, institutional pharmacies and pharmacies in

5-32  correctional institutions;

5-33          (2) Drugs stored in hospitals; and

5-34          (3) Drugs stored for the purpose of wholesale distribution.

5-35      (h) Examine and register, upon application, pharmacists and

5-36  other persons who dispense or distribute medications whom it

5-37  deems qualified.

5-38      (i) Charge and collect necessary and reasonable fees for its

5-39  services, other than those specifically set forth in this chapter.

5-40      (j) Maintain offices in as many localities in the State as it finds

5-41  necessary to carry out the provisions of this chapter.

5-42      (k) Employ an attorney, inspectors, investigators and other

5-43  professional consultants and clerical personnel necessary to the

5-44  discharge of its duties.


6-1  (l) Enforce the provisions of NRS 453.011 to 453.552, inclusive,

6-2  and enforce the provisions of this chapter and chapter 454 of NRS.

6-3  (m) Adopt regulations concerning the information required to be

6-4  submitted in connection with an application for any license,

6-5  certificate or permit required by this chapter or chapter 453 or 454

6-6  of NRS.

6-7  (n) Adopt regulations concerning the education, experience and

6-8  background of a person who is employed by the holder of a license

6-9  or permit issued pursuant to this chapter and who has access to

6-10  drugs and devices.

6-11      (o) Adopt regulations concerning the use of computerized

6-12  mechanical equipment for the filling of prescriptions.

6-13      (p) Participate in and expend money for programs that enhance

6-14  the practice of pharmacy.

6-15      2.  This section does not authorize the Board to prohibit open-

6-16  market competition in the advertising and sale of prescription drugs

6-17  and pharmaceutical services.

6-18      Sec. 10.  NRS 639.081 is hereby amended to read as follows:

6-19      639.081  1.  Except as otherwise provided in subsection 3, all

6-20  money coming into the possession of the Board must be kept or

6-21  deposited by the Executive Secretary of the Board in banks, credit

6-22  unions or savings and loan associations in the State of Nevada, or

6-23  invested in United States treasury bills or notes, to be expended for

6-24  payment of compensation and expenses of members of the Board

6-25  and for other necessary or proper purposes in the administration of

6-26  this chapter.

6-27      2.  The Board may delegate to a hearing officer or panel its

6-28  authority to take any disciplinary action pursuant to this chapter,

6-29  impose and collect fines therefor and deposit the money therefrom

6-30  in banks, credit unions or savings and loan associations in this state.

6-31      3.  If a hearing officer or panel is not authorized to take

6-32  disciplinary action pursuant to subsection 2 and the Board deposits

6-33  the money collected from the imposition of fines with the State

6-34  Treasurer for credit to the State General Fund, it may present a

6-35  claim to the State Board of Examiners for recommendation to the

6-36  Interim Finance Committee if money is needed to pay attorney’s

6-37  fees or the costs of an investigation, or both.

6-38      Sec. 11.  NRS 639.120 is hereby amended to read as follows:

6-39      639.120  1.  An applicant to become a registered pharmacist in

6-40  this state must:

6-41      (a) Be of good moral character.

6-42      (b) Be a graduate of a college of pharmacy or department of

6-43  pharmacy of a university accredited by the American Council on

6-44  Pharmaceutical Education or Canadian Council for Accreditation

6-45  of Pharmacy Programs and approved by the Board or a graduate of


7-1  a foreign school who has passed an examination for foreign

7-2  graduates approved by the Board to demonstrate that his education

7-3  is equivalent.

7-4  (c) Pass an examination approved and given by the Board with a

7-5  grade of at least 75 on the examination as a whole and a grade of at

7-6  least 75 on the examination on law. An applicant for registration by

7-7  reciprocity must pass the examination on law with at least a grade

7-8  of 75.

7-9  (d) Complete not less than 1,500 hours of practical

7-10  pharmaceutical experience as an intern pharmacist under the direct

7-11  and immediate supervision of a registered pharmacist.

7-12      2.  The practical pharmaceutical experience required pursuant

7-13  to paragraph (d) of subsection 1 must relate primarily to the selling

7-14  of drugs, poisons and devices, the compounding and dispensing of

7-15  prescriptions, preparing prescriptions , and keeping records and

7-16  preparing reports required by state and federal statutes.

7-17      3.  The Board may accept evidence of compliance with the

7-18  requirements set forth in paragraph (d) of subsection 1 from boards

7-19  of pharmacy of other states in which the experience requirement is

7-20  equivalent to the requirements in this state.

7-21      Sec. 12.  NRS 639.127 is hereby amended to read as follows:

7-22      639.127  1.  An applicant for registration as a pharmacist in

7-23  this state must submit an application to the Executive Secretary of

7-24  the Board on a form furnished by the Board and must pay the fee

7-25  fixed by the Board. The fee must be paid at the time the application

7-26  is submitted and is compensation to the Board for the investigation

7-27  and the examination of the applicant. Under no circumstances may

7-28  the fee be refunded.

7-29      2.  Proof of the qualifications of any applicant must be made to

7-30  the satisfaction of the Board and must be substantiated by affidavits,

7-31  records or such other evidence as the Board may require.

7-32      3.  An application is only valid for 1 year after the date it is

7-33  received by the Board unless the Board extends its period of

7-34  validity.

7-35      4.  A certificate of registration as a pharmacist must be issued to

7-36  each person who the Board determines is qualified pursuant to the

7-37  provisions of NRS 639.120[, 639.133] and 639.134. The certificate

7-38  entitles the person to whom it is issued to practice pharmacy in this

7-39  state.

7-40      Sec. 13.  NRS 639.128 is hereby amended to read as follows:

7-41      639.128  The application of a natural person who applies for the

7-42  issuance of a certificate of registration as a pharmacist, [an]

7-43  intern pharmacist [or supportive personnel] , pharmaceutical

7-44  technician or pharmaceutical technician in training or a license


8-1  issued pursuant to NRS 639.233 must include the social security

8-2  number of the applicant.

8-3  Sec. 14.  NRS 639.129 is hereby amended to read as follows:

8-4  639.129  1.  A natural person who applies for the issuance or

8-5  renewal of a certificate of registration as a pharmacist, [an]

8-6  intern pharmacist [or supportive personnel] , pharmaceutical

8-7  technician or pharmaceutical technician in training or a license

8-8  issued pursuant to NRS 639.233 shall submit to the Board the

8-9  statement prescribed by the Welfare Division of the Department of

8-10  Human Resources pursuant to NRS 425.520. The statement must be

8-11  completed and signed by the applicant.

8-12      2.  The Board shall include the statement required pursuant to

8-13  subsection 1 in:

8-14      (a) The application or any other forms that must be submitted

8-15  for the issuance or renewal of the certificate or license; or

8-16      (b) A separate form prescribed by the Board.

8-17      3.  A certificate of registration as a pharmacist, [an]

8-18  intern pharmacist [or supportive personnel] , pharmaceutical

8-19  technician or pharmaceutical technician in training or a license

8-20  issued issued pursuant to NRS 639.233 may not be issued or

8-21  renewed by the Board if the applicant is a natural person who:

8-22      (a) Fails to submit the statement required pursuant to

8-23  subsection 1; or

8-24      (b) Indicates on the statement submitted pursuant to subsection

8-25  1 that he is subject to a court order for the support of a child and is

8-26  not in compliance with the order or a plan approved by the district

8-27  attorney or other public agency enforcing the order for the

8-28  repayment of the amount owed pursuant to the order.

8-29      4.  If an applicant indicates on the statement submitted pursuant

8-30  to subsection 1 that he is subject to a court order for the support of a

8-31  child and is not in compliance with the order or a plan approved by

8-32  the district attorney or other public agency enforcing the order for

8-33  the repayment of the amount owed pursuant to the order, the Board

8-34  shall advise the applicant to contact the district attorney or other

8-35  public agency enforcing the order to determine the actions that the

8-36  applicant may take to satisfy the arrearage.

8-37      Sec. 15.  NRS 639.137 is hereby amended to read as follows:

8-38      639.137  1.  Any person who is not a registered pharmacist,

8-39  but who is employed in this state for the purpose of fulfilling the

8-40  requirements of paragraph (d) of subsection 1 of NRS 639.120 to

8-41  become eligible for registration as a pharmacist, shall register with

8-42  the Board as an intern pharmacist. An applicant, to be eligible for

8-43  registration as an intern pharmacist, must be enrolled in a college of

8-44  pharmacy or a department of pharmacy of a university approved by

8-45  the Board or be a graduate of a foreign school and pass an


9-1  examination for foreign graduates approved by the Board. The

9-2  application must be made on a form furnished by the Board.

9-3  2.  The Executive Secretary of the Board, upon approval of the

9-4  application, shall issue a certificate of registration authorizing

9-5  the applicant to undergo practical pharmaceutical training under the

9-6  direct and immediate supervision of a registered pharmacist. The

9-7  period of validity of the certificate of registration, including any

9-8  renewal, must not exceed 4 years after the date of issue. The

9-9  certificate of registration authorizes the holder, if acting under the

9-10  direct and immediate supervision of a registered pharmacist, to

9-11  perform:

9-12      (a) The duties of a registered pharmacist as authorized by

9-13  regulation of the Board; and

9-14      (b) Other activities as authorized by regulation of the Board.

9-15      3.  The certificate of registration must be posted as required by

9-16  NRS 639.150.

9-17      4.  Any certificate of registration issued pursuant to the

9-18  provisions of this section may be suspended, terminated or revoked

9-19  by the Board for:

9-20      (a) Any reason set forth in this chapter as grounds for the

9-21  suspension or revocation of any certificate, license or permit; or

9-22      (b) The failure of the registered pharmacist whose name appears

9-23  on the certificate of registration to provide adequate training and

9-24  supervision for the intern pharmacist in compliance with regulations

9-25  adopted by the Board.

9-26      Sec. 16.  NRS 639.1371 is hereby amended to read as follows:

9-27      639.1371  1.  The ratio of [supportive personnel]

9-28  pharmaceutical technicians to pharmacists must not allow more

9-29  than one [supportive personnel] pharmaceutical technician to each

9-30  pharmacist unless the Board by regulation expands the ratio.

9-31      2.  The Board shall adopt regulations concerning[supportive

9-32  personnel,] pharmaceutical technicians, including requirements

9-33  for:

9-34      (a) The qualifications, registration and supervision of

9-35  [supportive personnel;] pharmaceutical technicians, and

9-36      (b) [Services] The services which may be performed by

9-37  [supportive personnel,] pharmaceutical technicians,

9-38  to ensure the protection and safety of the public in the provision of

9-39  pharmaceutical care.

9-40      3.  The regulations adopted by the Board pursuant to this

9-41  section which prescribe:

9-42      (a) The qualifications for [supportive personnel]

9-43  pharmaceutical technicians must include:


10-1          (1) [At least 1 year of education at a postsecondary school

10-2  which is directly related to the duties performed by supportive

10-3  personnel;

10-4          (2)] The successful completion of a program for [supportive

10-5  personnel] pharmaceutical technicians which is approved by the

10-6  Board;

10-7          [(3)] (2) The completion of at least 1,500 hours of experience

10-8  in carrying out the duties of [supportive personnel; or

10-9          (4)] a pharmaceutical technician; or

10-10         (3) Any other experience or education deemed equivalent by

10-11  the Board.

10-12     (b) An expanded ratio of [supportive personnel] pharmaceutical

10-13  technicians to pharmacists must [not allow more than two

10-14  supportive personnel for each pharmacist in] be appropriate and

10-15  necessary for a particular category of pharmacy at any time.

10-16     (c) The services which may be performed by [supportive

10-17  personnel] pharmaceutical technicians must include, without

10-18  limitation, the:

10-19         (1) Removal of drugs from stock;

10-20         (2) Counting, pouring or mixing of drugs;

10-21         (3) Placing of drugs in containers;

10-22         (4) Affixing of labels to containers; and

10-23         (5) Packaging and repackaging of drugs.

10-24     4.  For the purposes of this chapter, and chapters 453 and 454 of

10-25  NRS, [supportive personnel] pharmaceutical technicians may

10-26  perform acts required to be performed by pharmacists , but only to

10-27  the extent provided in regulations.

10-28     Sec. 17.  NRS 639.138 is hereby amended to read as follows:

10-29     639.138  If the Board, after an investigation, denies any

10-30  application for a certificate, license or permit, the Executive

10-31  Secretary of the Board shall notify the applicant, within 10 days

10-32  after the denial is approved by the Board and entered in the official

10-33  minutes, by registered or certified mail, of the denial of the

10-34  application and the reasons therefor. The notice must inform the

10-35  applicant of his right to petition the Board for reconsideration and

10-36  his right to submit evidence to controvert the alleged violations on

10-37  which the denial was based.

10-38     Sec. 18.  NRS 639.139 is hereby amended to read as follows:

10-39     639.139  1.  At any time within 30 days after receipt of the

10-40  notice of denial of his application, an applicant may petition the

10-41  Board for reconsideration of the application. The petition must set

10-42  forth a denial, in whole or in part, of the violations alleged and a

10-43  statement that the applicant is prepared to submit evidence in

10-44  support of his denial of the allegations.


11-1      2.  Within 30 days after the petition is received by the Board,

11-2  the Executive Secretary of the Board shall notify the petitioner, by

11-3  registered or certified mail, of the Board’s decision [either] to grant

11-4  or deny the petition for reconsideration. If the petition is granted, the

11-5  notice [shall] must include the time and place set for reconsideration

11-6  of the application by the Board.

11-7      Sec. 19.  NRS 639.160 is hereby amended to read as follows:

11-8      639.160  Every registered pharmacist shall, within 10 days after

11-9  changing his place of practice as designated on the books of the

11-10  Executive Secretary of the Board, notify the Executive Secretary [of

11-11  the Board of such] of the change and of his new place of practice.

11-12  Upon receipt of [such] the notification , the Executive Secretary

11-13  shall make the necessary change in his register.

11-14     Sec. 20.  NRS 639.170 is hereby amended to read as follows:

11-15     639.170  1.  The Board shall charge and collect not more than

11-16  the following fees for the following services:

 

11-17                                                                       Actual cost

11-18  For the examination of an applicant for registration of the

11-19  as a pharmacist........................ examination

11-20  For the investigation or registration of an

11-21  applicant as a registered pharmacist$200

11-22  For the investigation, examination or registration

11-23  of an applicant as a registered pharmacist by

11-24  reciprocity........................................... 300

11-25  For the investigation or issuance of an original

11-26  license to conduct a retail pharmacy. 600

11-27  For the biennial renewal of a license to conduct a

11-28  retail pharmacy................................... 500

11-29  For the investigation or issuance of an original

11-30  license to conduct an institutional pharmacy  600

11-31  For the biennial renewal of a license to conduct an

11-32  institutional pharmacy........................ 500

11-33  For the issuance of an original or duplicate

11-34  certificate of registration as a registered

11-35  pharmacist............................................ 50

11-36  For the biennial renewal of registration as a

11-37  registered pharmacist......................... 200

11-38  For the reinstatement of a lapsed registration (in

11-39  addition to the fees for renewal for the period of

11-40  lapse)................................................... 100

11-41  [For the initial registration of supportive personnel........................... 50

11-42  For the biennial renewal of registration of

11-43  supportive personnel.......................... 50]


12-1  For the initial registration of a pharmaceutical

12-2  technician or pharmaceutical technician in

12-3  training............................................... $50

12-4  For the biennial renewal of registration of a

12-5  pharmaceutical technician or pharmaceutical

12-6  technician in training........................ 50

12-7  For the investigation or registration of an intern

12-8  pharmacist............................................. 50

12-9  For the biennial renewal of registration as an

12-10  intern pharmacist................................. 40

12-11  For investigation or issuance of an original license

12-12  to a manufacturer or wholesaler........ 500

12-13  For the biennial renewal of a license for a

12-14  manufacturer or wholesaler.... [400] 500

12-15  For the reissuance of a license issued to a

12-16  pharmacy, when no change of ownership is

12-17  involved, but the license must be reissued because

12-18  of a change in the information required thereon100

12-19  [For the biennial renewal of registration issued to

12-20  a registered pharmacist placed on inactive status   100]

12-21  For authorization of a practitioner to dispense

12-22  controlled substances or dangerous drugs, or both300

12-23  For the biennial renewal of authorization of a

12-24  practitioner to dispense controlled substances or

12-25  dangerous drugs, or both................... 300

 

12-26     2.  If a person requests a special service from the Board or

12-27  requests the Board to convene a special meeting, he must pay the

12-28  actual costs to the Board as a condition precedent to the rendition of

12-29  the special service or the convening of the special meeting.

12-30     3.  All fees are payable in advance and are not refundable.

12-31     4.  The Board may, by regulation, set the penalty for failure to

12-32  pay the fee for renewal for any license, permit, authorization or

12-33  certificate within the statutory period, at an amount not to exceed

12-34  100 percent of the fee for renewal for each year of delinquency in

12-35  addition to the fees for renewal for each year of delinquency.

12-36     Sec. 21.  NRS 639.180 is hereby amended to read as follows:

12-37     639.180  1.  Except as otherwise provided in this subsection, a

12-38  certificate, license or permit issued by the Board pursuant to this

12-39  chapter expires on October 31 of each even‑numbered year. A

12-40  certificate of registration as a pharmacist expires on October 31 of

12-41  each odd‑numbered year.


13-1      2.  Except as otherwise provided by NRS 639.137, 639.230 and

13-2  639.2328, each person to whom a certificate, license or permit has

13-3  been issued may, if the certificate, license or permit has not been

13-4  revoked, renew the certificate, license or permit biennially by:

13-5      (a) Filing an application for renewal;

13-6      (b) Paying the fee for renewal;

13-7      (c) Complying with the requirement of continuing professional

13-8  education, if applicable; and

13-9      (d) If the applicant is a natural person who is applying for the

13-10  renewal of a certificate of registration as a pharmacist, [an]

13-11  intern pharmacist [or supportive personnel] , pharmaceutical

13-12  technician or pharmaceutical technician in training or a license

13-13  issued pursuant to NRS 639.233, submitting the statement required

13-14  pursuant to NRS 639.129.

13-15     3.  The application for renewal, together with the fee for

13-16  renewal and, if applicable, the statement, must be delivered to the

13-17  Executive Secretary of the Board on or before the expiration date of

13-18  the certificate, license or permit, or the current renewal receipt

13-19  thereof.

13-20     4.  If a certificate, license or permit is renewed, it must be

13-21  delivered to the applicant within a reasonable time after receipt of

13-22  the application for renewal and the fee for renewal.

13-23     5.  The Board may refuse to renew a certificate, license or

13-24  permit if the applicant has committed any act proscribed by

13-25  NRS 639.210.

13-26     6.  If the application for renewal and the fee for renewal and, if

13-27  applicable, the statement[,] are not postmarked on or before the

13-28  expiration date of the certificate, license or permit, or the current

13-29  renewal receipt thereof, the registration is automatically forfeited.

13-30     Sec. 22.  NRS 639.2174 is hereby amended to read as follows:

13-31     639.2174  The Board shall not[:

13-32     1.  Issue a certificate as a registered pharmacist to any person

13-33  pursuant to NRS 639.133; or

13-34     2.  Renew] renew the certificate of any registered pharmacist[,]

13-35  until the applicant has submitted proof to the Board of the receipt of

13-36  the required number of continuing education units, obtained through

13-37  the satisfactory completion of an accredited program of continuing

13-38  professional education during the period for which the certificate

13-39  was issued.

13-40     Sec. 23.  NRS 639.230 is hereby amended to read as follows:

13-41     639.230  1.  A [pharmacy or a] person operating [as a

13-42  pharmacy] a business in this state shall not use the letters “Rx” or

13-43  “RX” or the word “drug” or “drugs,” “prescription” or “pharmacy,”

13-44  or similar words or words of similar import, without first having

13-45  secured a license from the Board.


14-1      2.  Each license must be issued to a specific person and for a

14-2  specific location and is not transferable. The original license must be

14-3  displayed on the licensed premises as provided in NRS 639.150.

14-4  The original license and the fee required for reissuance of a license

14-5  must be submitted to the Board before the reissuance of the license.

14-6      3.  If the owner of a pharmacy is a partnership or corporation,

14-7  any change of partners or corporate officers must be reported to the

14-8  Board at such a time as is required by a regulation of the Board.

14-9      4.  In addition to the requirements for renewal set forth in NRS

14-10  639.180, every person holding a license to operate a pharmacy must

14-11  satisfy the Board that the pharmacy is conducted according to law.

14-12     5.  Any violation of any of the provisions of this chapter by a

14-13  managing pharmacist or by personnel of the pharmacy under the

14-14  supervision of the managing pharmacist is cause for the suspension

14-15  or revocation of the license of the pharmacy by the Board.

14-16     Sec. 24.  NRS 639.231 is hereby amended to read as follows:

14-17     639.231  1.  An application to conduct a pharmacy must be

14-18  made on a form furnished by the Board and must state the name,

14-19  address, usual occupation and professional qualifications, if any, of

14-20  the applicant. If the applicant is other than a natural person, the

14-21  application must state such information as to each person

14-22  beneficially interested therein.

14-23     2.  As used in subsection 1, and subject to the provisions of

14-24  subsection 3, the term “person beneficially interested” means:

14-25     (a) If the applicant is a partnership or other unincorporated

14-26  association, each partner or member.

14-27     (b) If the applicant is a corporation, each of its officers, directors

14-28  and stockholders, provided that no natural person shall be deemed to

14-29  be beneficially interested in a nonprofit corporation.

14-30     3.  If the applicant is a partnership, unincorporated association

14-31  or corporation and the number of partners, members or stockholders,

14-32  as the case may be, exceeds four, the application must so state, and

14-33  must list each of the four partners, members or stockholders who

14-34  own the four largest interests in the applicant entity and state their

14-35  percentages of interest. Upon request of the Executive Secretary of

14-36  the Board, the applicant shall furnish the Board with information as

14-37  to partners, members or stockholders not named in the application or

14-38  shall refer the Board to an appropriate source of such information.

14-39     4.  The completed application form must be returned to the

14-40  Board with the fee prescribed by the Board, which may not be

14-41  refunded. Any application which is not complete as required by the

14-42  provisions of this section may not be presented to the Board for

14-43  consideration.

14-44     5.  Upon compliance with all the provisions of this section and

14-45  upon approval of the application by the Board, the Executive


15-1  Secretary shall issue a license to the applicant to conduct a

15-2  pharmacy. Any other provision of law notwithstanding, such a

15-3  license authorizes the holder to conduct a pharmacy and to sell and

15-4  dispense drugs and poisons and devices and appliances that are

15-5  restricted by federal law to sale by or on the order of a physician.

15-6      Sec. 24.5.  NRS 639.233 is hereby amended to read as follows:

15-7      639.233  1.  Any person, including a wholesaler or

15-8  manufacturer, who engages in the business of wholesale distribution

15-9  or furnishing controlled substances, poisons, drugs, devices or

15-10  appliances that are restricted by federal law to sale by or on the

15-11  order of a physician to any person located within this state shall

15-12  obtain a license pursuant to the provisions of this chapter.

15-13     2.  [The provisions of subsection 1 do not apply to a wholesaler

15-14  or manufacturer whose principal place of business is located in

15-15  another state and who ships controlled substances, drugs, poisons or

15-16  restricted devices or appliances to a wholesaler or manufacturer

15-17  located within this state and licensed by the Board.

15-18     3.] For the purpose of this section, a person is “engaged in the

15-19  business of furnishing” if he:

15-20     (a) Solicits or accepts orders for drugs or devices whose sale in

15-21  this state is restricted by this chapter or chapter 453 or 454 of NRS;

15-22  or

15-23     (b) Receives, stores or ships such drugs or devices.

15-24     Sec. 25.  NRS 639.234 is hereby amended to read as follows:

15-25     639.234  1.  The acceptance of a license issued pursuant to

15-26  NRS 639.233 constitutes a consent by the licensee to the inspection

15-27  , copying and removal for copying of his records maintained inside

15-28  and outside this state by any authorized representative of the Board.

15-29     2.  If such a licensee is not a resident of this state and does not

15-30  maintain records within this state of his shipments of controlled

15-31  substances, poisons or drugs or devices or appliances that are

15-32  restricted by federal law to sale by or on the order of a physician to

15-33  persons in this state , he shall, on receipt of a written demand from

15-34  the Executive Secretary of the Board, furnish a true copy of the

15-35  records to the Board.

15-36     3.  The Board may authorize as its representative any member

15-37  or representative of the Board of pharmacy or similar agency of the

15-38  state in which the records are located.

15-39     4.  [Failure] The failure to furnish a true copy of the required

15-40  records or the refusal to permit their inspection is a ground for [the

15-41  revocation or] suspension of and disciplinary action relating to any

15-42  license issued pursuant to NRS 639.233.

15-43     Sec. 26.  NRS 639.235 is hereby amended to read as follows:

15-44     639.235  1.  No person other than a practitioner holding a

15-45  license to practice his profession in this state may prescribe or write


16-1  a prescription, except that a prescription written by a person who is

16-2  not licensed to practice in this state , but is authorized by the laws of

16-3  another state to prescribe , shall be deemed to be a legal prescription

16-4  unless the person prescribed or wrote the prescription in violation of

16-5  the provisions of NRS 453.3611 to 453.3648, inclusive.

16-6      2.  If a prescription that is prescribed by a person who is not

16-7  licensed to practice in this state, but is authorized by the laws of

16-8  another state to prescribe, calls for a controlled substance listed in:

16-9      (a) Schedule II, the registered pharmacist who is to fill the

16-10  prescription shall establish and document that the prescription is

16-11  authentic and that a bona fide relationship between the patient and

16-12  the person prescribing the controlled substance did exist when the

16-13  prescription was written.

16-14     (b) Schedule III or IV, the registered pharmacist who is to fill

16-15  the prescription shall establish[, in his professional judgment,] that

16-16  the prescription is authentic and that a bona fide relationship

16-17  between the patient and the person prescribing the controlled

16-18  substance did exist when the prescription was written. This

16-19  paragraph does not require the registered pharmacist to inquire into

16-20  such a relationship upon the receipt of [each such prescription.] a

16-21  similar prescription subsequently issued for that patient.

16-22     3.  A pharmacist who fills a prescription described in

16-23  subsection 2 shall record on the prescription or in the prescription

16-24  record in the pharmacy’s computer:

16-25     (a) The name of the person with whom he spoke concerning

16-26  the prescription;

16-27     (b) The date and time of the conversation; and

16-28     (c) The date and time the patient was physically examined by

16-29  the person prescribing the controlled substance for which the

16-30  prescription was issued.

16-31     4.  For the purposes of subsection 2, a bona fide relationship

16-32  between the patient and the person prescribing the controlled

16-33  substance shall be deemed to exist if the patient was physically

16-34  examined by the person prescribing the controlled substances

16-35  within the 6 months immediately preceding the date the

16-36  prescription was issued.

16-37     Sec. 27.  NRS 639.238 is hereby amended to read as follows:

16-38     639.238  1.  Prescriptions filled and on file in a pharmacy are

16-39  not a public record. A pharmacist shall not divulge the contents of

16-40  any prescription or provide a copy of any prescription, except to:

16-41     (a) The patient for whom the original prescription was issued;

16-42     (b) The practitioner who originally issued the prescription;

16-43     (c) A practitioner who is then treating the patient;


17-1      (d) A member, inspector or investigator of the Board or an

17-2  inspector of the Food and Drug Administration or an agent of the

17-3  Investigation Division of the Department of Public Safety;

17-4      (e) An agency of State Government charged with the

17-5  responsibility of providing medical care for the patient;

17-6      (f) An insurance carrier, on receipt of written authorization

17-7  signed by the patient or his legal guardian, authorizing the release of

17-8  such information;

17-9      (g) Any person authorized by an order of a district court;

17-10     (h) Any member, inspector or investigator of a professional

17-11  licensing board which licenses a practitioner who orders

17-12  prescriptions filled at the pharmacy; [or]

17-13     (i) Other registered pharmacists for the limited purpose of and to

17-14  the extent necessary for the exchange of information relating to

17-15  persons who are suspected of:

17-16         (1) Misusing prescriptions to obtain excessive amounts of

17-17  drugs[.] ; or

17-18         (2) Failing to use a drug in conformity with the directions for

17-19  its use or taking a drug in combination with other drugs in a manner

17-20  that could result in injury to that person[.] ; or

17-21     (j) A peace officer employed by a local government for the

17-22  limited purpose of and to the extent necessary:

17-23         (1) For the investigation of an alleged crime reported by an

17-24  employee of the pharmacy where the crime was committed; or

17-25         (2) To carry out a search warrant or subpoena issued

17-26  pursuant to a court order.

17-27     2.  Any copy of a prescription for a controlled substance or a

17-28  dangerous drug as defined in chapter 454 of NRS, issued to a person

17-29  authorized by this section to receive such a copy, must contain all of

17-30  the information appearing on the original prescription and be clearly

17-31  marked on its face[,] “Copy, Not Refillable—For Reference

17-32  Purposes Only.” The copy must bear the name or initials of the

17-33  registered pharmacist who prepared the copy.

17-34     3.  If a copy of a prescription for any controlled substance or a

17-35  dangerous drug as defined in chapter 454 of NRS is furnished to the

17-36  customer, the original prescription must be voided and notations

17-37  made thereon showing the date and the name of the person to whom

17-38  the copy was furnished.

17-39     4.  If, at the express request of a customer, a copy of a

17-40  prescription for any controlled substance or dangerous drug is

17-41  furnished to another pharmacist, the original prescription must be

17-42  voided and notations made thereon showing the date and the name

17-43  of the pharmacist to whom the copy was furnished. The pharmacist

17-44  receiving the copy shall call the prescribing practitioner for a new

17-45  prescription.


18-1      5.  As used in this section, “peace officer” does not include:

18-2      (a) A member of the Police Department of the University and

18-3  Community College System of Nevada.

18-4      (b) A school police officer who is appointed or employed

18-5  pursuant to NRS 391.100.

18-6      Sec. 28.  NRS 639.239 is hereby amended to read as follows:

18-7      639.239  Members, inspectors and investigators of the Board,

18-8  inspectors of the Food and Drug Administration , [and] agents of the

18-9  Investigation Division of the Department of Public Safety and peace

18-10  officers described in paragraph (j) of subsection 1 of NRS 639.238

18-11  may remove any record required to be retained by state or federal

18-12  law or regulation, including any prescription contained in the files of

18-13  a practitioner, if the record in question will be used as evidence in a

18-14  criminal action, civil action or an administrative proceeding, or

18-15  contemplated action or proceeding. The person who removes a

18-16  record pursuant to this section shall:

18-17     1.  Affix the name and address of the practitioner to the back of

18-18  the record;

18-19     2.  Affix his initials, cause an agent of the practitioner to affix

18-20  his initials and note the date of the removal of the record on the back

18-21  of the record;

18-22     3.  Affix the name of the agency for which he is removing the

18-23  record to the back of the record;

18-24     4.  Provide the practitioner with a receipt for the record; and

18-25     5.  Return a photostatic copy of both sides of the record to the

18-26  practitioner within 15 working days after the record is removed.

18-27     Sec. 29.  NRS 639.241 is hereby amended to read as follows:

18-28     639.241  1.  A hearing to determine whether the rights and

18-29  privileges granted by any certificate, certification, license or permit

18-30  issued by the Board should be revoked, suspended, limited or

18-31  conditioned must be initiated by the filing of an accusation by the

18-32  Board. The action must be entitled: The Nevada State Board of

18-33  Pharmacy v. (insert the name of the party whose certificate, license

18-34  or permit is involved), who must be designated “Respondent.”

18-35     2.  The accusation is a written statement of the charges alleged

18-36  and must set forth in ordinary and concise language the acts or

18-37  omissions with which the respondent is charged to the end that the

18-38  respondent will be able to prepare his defense. [It] The accusation

18-39  must specify the statutes and regulations which the respondent is

18-40  alleged to have violated, but must not consist merely of charges

18-41  phrased in language of the statute or regulation. The accusation must

18-42  be signed by the Executive Secretary of the Board acting in his

18-43  official capacity.

 

 


19-1      Sec. 30.  NRS 639.242 is hereby amended to read as follows:

19-2      639.242  1.  After filing the accusation, the Executive

19-3  Secretary of the Board shall cause a copy thereof, together with one

19-4  copy of the Statement to Respondent and three copies of the form of

19-5  the Notice of Defense, to be served on the respondent.

19-6      2.  Service may be [either] by personal service or by first-class

19-7  registered or certified mail addressed to the respondent at his last

19-8  address of record, or by mail to his attorney of record. Proof of

19-9  service [shall] must be retained and made a part of the case record.

19-10     Sec. 31.  NRS 639.244 is hereby amended to read as follows:

19-11     639.244  1.  The form for the Notice of Defense [shall] must

19-12  be prepared and furnished by the Board and [shall] permit the

19-13  respondent, by completing and signing the notice , to:

19-14     (a) [Request a hearing;

19-15     (b)] Object to the accusation as being incomplete and failing to

19-16  set forth clearly the charges; and

19-17     [(c)] (b) Deny or admit, in part or in whole, the violations

19-18  alleged.

19-19     2.  The Notice of Defense [shall] must be signed by the

19-20  respondent or [by] his attorney under penalty of perjury. Failure to

19-21  file a Notice of Defense [and request a hearing shall constitute]

19-22  constitutes a waiver of the respondent’s right to a hearing, but the

19-23  Board may[, in its discretion,] grant a hearing.

19-24     Sec. 32.  NRS 639.245 is hereby amended to read as follows:

19-25     639.245  Whenever a hearing has been granted by the Board,

19-26  the Executive Secretary of the Board shall serve notice on the

19-27  respondent of the time and place set for the hearing on the

19-28  accusation. If the Board receives a report pursuant to subsection 5 of

19-29  NRS 228.420, a hearing must be held within 30 days after receiving

19-30  the report. Service may be effected in the same manner as provided

19-31  in NRS 639.242.

19-32     Sec. 33.  NRS 639.246 is hereby amended to read as follows:

19-33     639.246  1.  The Executive Secretary of the Board shall issue

19-34  subpoenas for the production of witnesses, documents or papers, in

19-35  accordance with statutory provisions, at the request of any party to a

19-36  hearing or for purposes of an investigation or other matter under

19-37  inquiry by the Board.

19-38     2.  Witnesses appearing pursuant to a subpoena must receive

19-39  expenses and witness fees in the amounts and under the same

19-40  circumstances as prescribed by law for witnesses in civil actions.

19-41  The expenses and fees must be paid in full by the party at whose

19-42  request the witness is subpoenaed.

19-43     3.  Subpoenas must be served in the same manner as prescribed

19-44  by law for the service of subpoenas in civil actions. If any person

19-45  fails to comply with a subpoena within 10 days after its issuance, the


20-1  President of the Board, or the Executive Secretary of the Board at

20-2  the direction of the President, may petition the district court for an

20-3  order of the court compelling compliance with the subpoena.

20-4      4.  Upon such a petition, the court shall enter an order directing

20-5  the person subpoenaed to appear before the court at a time and place

20-6  to be fixed by the court in its order, the time to be not more than 10

20-7  days after the date of the order, and then and there to show cause

20-8  why he has not complied with the subpoena. A certified copy of the

20-9  order must be served upon the person.

20-10     5.  If it appears to the court that the subpoena was regularly

20-11  issued by the Board, the court shall enter an order compelling

20-12  compliance with the subpoena. Failure to obey the order constitutes

20-13  contempt of court.

20-14     Sec. 34.  NRS 639.247 is hereby amended to read as follows:

20-15     639.247  1.  Any hearing held for the purpose of suspending or

20-16  revoking any certificate, certification, license or permit must be

20-17  conducted publicly by the Board. The hearing must be presided over

20-18  by a member of the Board or his designee and three members

20-19  constitute a quorum. Any decision by the Board requires the

20-20  concurrence of at least three members. The proceedings of the

20-21  hearing must be reported or recorded by an electronic recording

20-22  device, an official court reporter or another qualified person.

20-23     2.  The member of the Board or his designee presiding at the

20-24  hearing or the Executive Secretary of the Board may administer

20-25  oaths or affirmations. Continuances and adjournments may be

20-26  ordered, or may be granted, by the member or his designee

20-27  presiding, for cause shown and by orally notifying those persons

20-28  present of the time and place at which the hearing will be continued.

20-29     Sec. 35.  NRS 639.252 is hereby amended to read as follows:

20-30     639.252  1.  If the respondent wishes to contest or appeal the

20-31  decision of the Board, the order or any part thereof, he may, [prior

20-32  to] not later than 10 days after the time the order becomes

20-33  effective, apply in writing to the Board for a rehearing. [Such

20-34  application shall] The application must set forth with particularity

20-35  the part or parts of the decision or order to which the respondent

20-36  objects and the basis of the objection.

20-37     2.  The Executive Secretary of the Board shall, within 10 days

20-38  after receipt of a written application for rehearing, notify the

20-39  respondent and his attorney of record in writing, by registered or

20-40  certified mail, of [its] his action, either granting or denying [such]

20-41  the application. If the application is granted, the notice [shall] must

20-42  contain the date, time and place of the rehearing . [, which date shall

20-43  not be less than 30 days after the date of the notice.] The rehearing

20-44  must be held at the next regularly scheduled meeting of the Board.

20-45  Granting of the application by the [Board shall serve] Executive


21-1  Secretary does not serve as an automatic stay of execution of the

21-2  order pending conclusion of the rehearing.

21-3      Sec. 36.  NRS 639.2555 is hereby amended to read as follows:

21-4      639.2555  1.  If the Board receives a copy of a court order

21-5  issued pursuant to NRS 425.540 that provides for the suspension of

21-6  all professional, occupational and recreational licenses, certificates

21-7  and permits issued to a person who is the holder of a certificate of

21-8  registration as a pharmacist, [an] intern pharmacist [or supportive

21-9  personnel] , pharmaceutical technician or pharmaceutical

21-10  technician in training or a license issued pursuant to NRS 639.223,

21-11  the Board shall deem the certificate of registration or license issued

21-12  to that person to be suspended at the end of the 30th day after the

21-13  date on which the court order was issued unless the Board receives a

21-14  letter issued to the holder of the certificate of registration or license

21-15  by the district attorney or other public agency pursuant to NRS

21-16  425.550 stating that the holder of the certificate of registration or

21-17  license has complied with the subpoena or warrant or has satisfied

21-18  the arrearage pursuant to NRS 425.560.

21-19     2.  The Board shall reinstate a certificate of registration as a

21-20  pharmacist, [an] intern pharmacist [or supportive personnel] ,

21-21  pharmaceutical technician or pharmaceutical technician in

21-22  training or a license issued pursuant to NRS 639.233 that has been

21-23  suspended by a district court pursuant to NRS 425.540 if the Board

21-24  receives a letter issued by the district attorney or other public agency

21-25  pursuant to NRS 425.550 to the person whose certificate of

21-26  registration or license was suspended stating that the person whose

21-27  certificate of registration or license was suspended has complied

21-28  with the subpoena or warrant or has satisfied the arrearage pursuant

21-29  to NRS 425.560.

21-30     Sec. 37.  NRS 639.256 is hereby amended to read as follows:

21-31     639.256  A certificate, license or permit which has been

21-32  suspended for a specified period of time [shall] must automatically

21-33  be restored to good standing on the first day following the period of

21-34  suspension. The Executive Secretary[,] of the Board, when

21-35  notifying the respondent of the penalty imposed by the Board, shall

21-36  inform the respondent of the date on which the certificate, license or

21-37  permit will be so restored.

21-38     Secs. 38 and 39.  (Deleted by amendment.)

21-39     Sec. 40.  NRS 453.1545 is hereby amended to read as follows:

21-40     453.1545  1.  The Board and the Division shall cooperatively

21-41  develop a computerized program to track each prescription for a

21-42  controlled substance listed in schedule II, III or IV that is filled by a

21-43  pharmacy that is registered with the Board[.] or that is dispensed by

21-44  a practitioner who is registered with the Board. The program must:

21-45     (a) Be designed to provide information regarding:


22-1          (1) The inappropriate use by a patient of controlled

22-2  substances listed in schedules II, III and IV to pharmacies,

22-3  practitioners and appropriate state agencies to prevent the improper

22-4  or illegal use of those controlled substances; and

22-5          (2) Statistical data relating to the use of those controlled

22-6  substances that is not specific to a particular patient.

22-7      (b) Be administered by the Board, the Division, the Health

22-8  Division of the Department of Human Resources and various

22-9  practitioners, representatives of professional associations for

22-10  practitioners, representatives of occupational licensing boards and

22-11  prosecuting attorneys selected by the Board and the Division.

22-12     (c) Not infringe on the legal use of a controlled substance for the

22-13  management of severe or intractable pain.

22-14     2.  The Board and the Division must have access to the program

22-15  established pursuant to subsection 1 to identify any suspected

22-16  fraudulent or illegal activity related to the dispensing of controlled

22-17  substances.

22-18     3.  The Board or the Division shall report any activity it

22-19  reasonably suspects may be fraudulent or illegal to the appropriate

22-20  law enforcement agency or occupational licensing board and

22-21  provide the law enforcement agency or occupational licensing board

22-22  with the relevant information obtained from the program for further

22-23  investigation.

22-24     4.  Information obtained from the program relating to a

22-25  practitioner or a patient is confidential and, except as otherwise

22-26  provided by this section, must not be disclosed to any person. That

22-27  information must be disclosed:

22-28     (a) Upon the request of a person about whom the information

22-29  requested concerns or upon the request on his behalf by his attorney;

22-30  or

22-31     (b) Upon the lawful order of a court of competent jurisdiction.

22-32     5.  The Board and the Division may apply for any available

22-33  grants and accept any gifts, grants or donations to assist in

22-34  developing and maintaining the program required by this section.

22-35     Sec. 40.5.  NRS 453.375 is hereby amended to read as follows:

22-36     453.375  A controlled substance may be possessed and

22-37  administered by the following persons:

22-38     1.  A practitioner.

22-39     2.  A registered nurse licensed to practice professional nursing

22-40  or licensed practical nurse, at the direction of a physician, physician

22-41  assistant, dentist, podiatric physician or advanced practitioner of

22-42  nursing, or pursuant to a chart order, for administration to a patient

22-43  at another location.

22-44     3.  An advanced emergency medical technician:

22-45     (a) As authorized by regulation of:


23-1          (1) The State Board of Health in a county whose population

23-2  is less than 100,000; or

23-3          (2) A county or district board of health in a county whose

23-4  population is 100,000 or more; and

23-5      (b) In accordance with any applicable regulations of:

23-6          (1) The State Board of Health in a county whose population

23-7  is less than 100,000;

23-8          (2) A county board of health in a county whose population is

23-9  100,000 or more; or

23-10         (3) A district board of health created pursuant to NRS

23-11  439.370 in any county.

23-12     4.  A respiratory therapist,at the direction of a physician or

23-13  physician assistant.

23-14     5.  A medical student, student in training to become a physician

23-15  assistant or student nurse in the course of his studies at an approved

23-16  college of medicine or school of professional or practical nursing, at

23-17  the direction of a physician or physician assistant and:

23-18     (a) In the presence of a physician, physician assistant or a

23-19  registered nurse; or

23-20     (b) Under the supervision of a physician, physician assistant or a

23-21  registered nurse if the student is authorized by the college or school

23-22  to administer the substance outside the presence of a physician,

23-23  physician assistant or nurse.

23-24  A medical student or student nurse may administer a controlled

23-25  substance in the presence or under the supervision of a registered

23-26  nurse alone only if the circumstances are such that the registered

23-27  nurse would be authorized to administer it personally.

23-28     6.  An ultimate user or any person whom the ultimate user

23-29  designates pursuant to a written agreement.

23-30     7.  Any person designated by the head of a correctional

23-31  institution.

23-32     8.  A veterinary technician at the direction of his supervising

23-33  veterinarian.

23-34     9.  In accordance with applicable regulations of the State Board

23-35  of Health, an employee of a residential facility for groups, as

23-36  defined in NRS 449.017, pursuant to a written agreement entered

23-37  into by the ultimate user.

23-38     10.  In accordance with applicable regulations of the State

23-39  Board of Pharmacy, an animal control officer, a wildlife biologist or

23-40  an employee designated by a federal, state or local governmental

23-41  agency whose duties include the control of domestic, wild and

23-42  predatory animals.

23-43     11.  A person who is enrolled in a training program to become

23-44  an advanced emergency medical technician, respiratory therapist

23-45  or veterinary technician if the person possesses and administers


24-1  the controlled substance in the same manner and under the same

24-2  conditions that apply, respectively, to an advanced emergency

24-3  medical technician, respiratory therapist or veterinary technician

24-4  who may possess and administer the controlled substance, and

24-5  under the direct supervision of a person licensed or registered to

24-6  perform the respective medical art or a supervisor of such a

24-7  person.

24-8      Sec. 41.  NRS 453.431 is hereby amended to read as follows:

24-9      453.431  1.  A pharmacist shall not knowingly fill or refill any

24-10  prescription for a controlled substance for use by a person other than

24-11  the person for whom the prescription was originally issued.

24-12     2.  A person shall not furnish a false name or address while

24-13  attempting to obtain a controlled substance or a prescription for a

24-14  controlled substance. A person prescribing, administering or

24-15  dispensing a controlled substance may request proper identification

24-16  from a person requesting controlled substances.

24-17     3.  A pharmacist shall not fill a prescription for a controlled

24-18  substance if the prescription shows evidence of alteration, erasure or

24-19  addition, unless he obtains approval of the practitioner who issued

24-20  the prescription.

24-21     4.  A pharmacist shall not fill a prescription for a controlled

24-22  substance classified in schedule II unless it is tendered on or before

24-23  the 14th day after the date of issue. This subsection does not

24-24  prohibit a practitioner from issuing a prescription on which he

24-25  indicates that the prescription may not be filled until the date

24-26  indicated on the prescription, which must not be later than 6

24-27  months after the date the prescription is issued.

24-28     5.  A person who violates this section is guilty of a category C

24-29  felony and shall be punished as provided in NRS 193.130.

24-30     Sec. 41.5.  NRS 454.213 is hereby amended to read as follows:

24-31     454.213  A drug or medicine referred to in NRS 454.181 to

24-32  454.371, inclusive, may be possessed and administered by:

24-33     1.  A practitioner.

24-34     2.  A physician assistant at the direction of his supervising

24-35  physician or a licensed dental hygienist acting in the office of and

24-36  under the supervision of a dentist.

24-37     3.  Except as otherwise provided in subsection 4, a registered

24-38  nurse licensed to practice professional nursing or licensed practical

24-39  nurse, at the direction of a prescribing physician, physician assistant,

24-40  dentist, podiatric physician or advanced practitioner of nursing, or

24-41  pursuant to a chart order, for administration to a patient at another

24-42  location.

24-43     4.  In accordance with applicable regulations of the Board, a

24-44  registered nurse licensed to practice professional nursing or licensed

24-45  practical nurse who is:


25-1      (a) Employed by a health care agency or health care facility that

25-2  is authorized to provide emergency care, or to respond to the

25-3  immediate needs of a patient, in the residence of the patient; and

25-4      (b) Acting under the direction of the medical director of that

25-5  agency or facility who works in this state.

25-6      5.  An intermediate emergency medical technician or an

25-7  advanced emergency medical technician, as authorized by

25-8  regulation of the State Board of Pharmacy and in accordance with

25-9  any applicable regulations of:

25-10     (a) The State Board of Health in a county whose population is

25-11  less than 100,000;

25-12     (b) A county board of health in a county whose population is

25-13  100,000 or more; or

25-14     (c) A district board of health created pursuant to NRS 439.370

25-15  in any county.

25-16     6.  A respiratory therapist employed in a health care facility.

25-17  The therapist may possess and administer respiratory products only

25-18  at the direction of a physician.

25-19     7.  A dialysis technician, under the direction or supervision of a

25-20  physician or registered nurse only if the drug or medicine is used for

25-21  the process of renal dialysis.

25-22     8.  A medical student or student nurse in the course of his

25-23  studies at an approved college of medicine or school of professional

25-24  or practical nursing, at the direction of a physician and:

25-25     (a) In the presence of a physician or a registered nurse; or

25-26     (b) Under the supervision of a physician or a registered nurse if

25-27  the student is authorized by the college or school to administer the

25-28  drug or medicine outside the presence of a physician or

25-29  nurse.

25-30  A medical student or student nurse may administer a dangerous drug

25-31  in the presence or under the supervision of a registered nurse alone

25-32  only if the circumstances are such that the registered nurse would be

25-33  authorized to administer it personally.

25-34     9.  Any person designated by the head of a correctional

25-35  institution.

25-36     10.  An ultimate user or any person designated by the ultimate

25-37  user pursuant to a written agreement.

25-38     11.  A nuclear medicine technologist, at the direction of a

25-39  physician and in accordance with any conditions established by

25-40  regulation of the Board.

25-41     12.  A radiologic technologist, at the direction of a physician

25-42  and in accordance with any conditions established by regulation of

25-43  the Board.


26-1      13.  A chiropractic physician, but only if the drug or medicine

26-2  is a topical drug used for cooling and stretching external tissue

26-3  during therapeutic treatments.

26-4      14.  A physical therapist, but only if the drug or medicine is a

26-5  topical drug which is:

26-6      (a) Used for cooling and stretching external tissue during

26-7  therapeutic treatments; and

26-8      (b) Prescribed by a licensed physician for:

26-9          (1) Iontophoresis; or

26-10         (2) The transmission of drugs through the skin using

26-11  ultrasound.

26-12     15.  In accordance with applicable regulations of the State

26-13  Board of Health, an employee of a residential facility for groups, as

26-14  defined in NRS 449.017, pursuant to a written agreement entered

26-15  into by the ultimate user.

26-16     16.  A veterinary technician at the direction of his supervising

26-17  veterinarian.

26-18     17.  In accordance with applicable regulations of the Board, a

26-19  registered pharmacist who:

26-20     (a) Is trained in and certified to carry out standards and practices

26-21  for immunization programs;

26-22     (b) Is authorized to administer immunizations pursuant to

26-23  written protocols from a physician; and

26-24     (c) Administers immunizations in compliance with the

26-25  “Standards of Immunization Practices” recommended and approved

26-26  by the United States Public Health Service Advisory Committee on

26-27  Immunization Practices.

26-28     18.  A person who is enrolled in a training program to become

26-29  a physician assistant, dental hygienist, intermediate emergency

26-30  medical technician, advanced emergency medical technician,

26-31  respiratory therapist, dialysis technician, nuclear medicine

26-32  technologist, radiologic technologist, physical therapist or

26-33  veterinary technician if the person possesses and administers the

26-34  drug or medicine in the same manner and under the same

26-35  conditions that apply, respectively, to a physician assistant, dental

26-36  hygienist, intermediate emergency medical technician, advanced

26-37  emergency medical technician, respiratory therapist, dialysis

26-38  technician, nuclear medicine technologist, radiologic technologist,

26-39  physical therapist or veterinary technician who may possess and

26-40  administer the drug or medicine, and under the direct supervision

26-41  of a person licensed or registered to perform the respective

26-42  medical art or a supervisor of such a person.

 

 


27-1      Sec. 42.  NRS 689A.04045 is hereby amended to read as

27-2  follows:

27-3      689A.04045  1.  Except as otherwise provided in this section,

27-4  a policy of health insurance which provides coverage for

27-5  prescription drugs must not limit or exclude coverage for a drug if

27-6  the drug:

27-7      (a) Had previously been approved for coverage by the insurer

27-8  for a medical condition of an insured and the insured’s provider of

27-9  health care determines, after conducting a reasonable investigation,

27-10  that none of the drugs which are otherwise currently approved for

27-11  coverage are medically appropriate for the insured; and

27-12     (b) Is appropriately prescribed and considered safe and effective

27-13  for treating the medical condition of the insured.

27-14     2.  The provisions of subsection 1 do not:

27-15     (a) Apply to coverage for any drug that is prescribed for a use

27-16  that is different from the use for which that drug has been approved

27-17  for marketing by the Food and Drug Administration;

27-18     (b) Prohibit:

27-19         (1) The insurer from charging a deductible, copayment or

27-20  coinsurance for the provision of benefits for prescription drugs to

27-21  the insured or from establishing, by contract, limitations on the

27-22  maximum coverage for prescription drugs;

27-23         (2) A provider of health care from prescribing another drug

27-24  covered by the policy that is medically appropriate for the insured;

27-25  or

27-26         (3) The substitution of another drug pursuant to NRS

27-27  639.23286 or 639.2583 to [639.2599,] 639.2597, inclusive; or

27-28     (c) Require any coverage for a drug after the term of the policy.

27-29     3.  Any provision of a policy subject to the provisions of this

27-30  chapter that is delivered, issued for delivery or renewed on or after

27-31  October 1, 2001, which is in conflict with this section is void.

27-32     Sec. 43.  NRS 689B.0368 is hereby amended to read as

27-33  follows:

27-34     689B.0368  1.  Except as otherwise provided in this section, a

27-35  policy of group health insurance which provides coverage for

27-36  prescription drugs must not limit or exclude coverage for a drug if

27-37  the drug:

27-38     (a) Had previously been approved for coverage by the insurer

27-39  for a medical condition of an insured and the insured’s provider of

27-40  health care determines, after conducting a reasonable investigation,

27-41  that none of the drugs which are otherwise currently approved for

27-42  coverage are medically appropriate for the insured; and

27-43     (b) Is appropriately prescribed and considered safe and effective

27-44  for treating the medical condition of the insured.

27-45     2.  The provisions of subsection 1 do not:


28-1      (a) Apply to coverage for any drug that is prescribed for a use

28-2  that is different from the use for which that drug has been approved

28-3  for marketing by the Food and Drug Administration;

28-4      (b) Prohibit:

28-5          (1) The insurer from charging a deductible, copayment or

28-6  coinsurance for the provision of benefits for prescription drugs to

28-7  the insured or from establishing, by contract, limitations on the

28-8  maximum coverage for prescription drugs;

28-9          (2) A provider of health care from prescribing another drug

28-10  covered by the policy that is medically appropriate for the insured;

28-11  or

28-12         (3) The substitution of another drug pursuant to NRS

28-13  639.23286 or 639.2583 to [639.2599,] 639.2597, inclusive; or

28-14     (c) Require any coverage for a drug after the term of the policy.

28-15     3.  Any provision of a policy subject to the provisions of this

28-16  chapter that is delivered, issued for delivery or renewed on or after

28-17  October 1, 2001, which is in conflict with this section is void.

28-18     Sec. 44.  NRS 689C.168 is hereby amended to read as follows:

28-19     689C.168  1.  Except as otherwise provided in this section, a

28-20  health benefit plan which provides coverage for prescription drugs

28-21  must not limit or exclude coverage for a drug if the drug:

28-22     (a) Had previously been approved for coverage by the carrier for

28-23  a medical condition of an insured and the insured’s provider of

28-24  health care determines, after conducting a reasonable investigation,

28-25  that none of the drugs which are otherwise currently approved for

28-26  coverage are medically appropriate for the insured; and

28-27     (b) Is appropriately prescribed and considered safe and effective

28-28  for treating the medical condition of the insured.

28-29     2.  The provisions of subsection 1 do not:

28-30     (a) Apply to coverage for any drug that is prescribed for a use

28-31  that is different from the use for which that drug has been approved

28-32  for marketing by the Food and Drug Administration;

28-33     (b) Prohibit:

28-34         (1) The carrier from charging a deductible, copayment or

28-35  coinsurance for the provision of benefits for prescription drugs to

28-36  the insured or from establishing, by contract, limitations on the

28-37  maximum coverage for prescription drugs;

28-38         (2) A provider of health care from prescribing another drug

28-39  covered by the plan that is medically appropriate for the insured; or

28-40         (3) The substitution of another drug pursuant to NRS

28-41  639.23286 or 639.2583 to [639.2599,] 639.2597, inclusive; or

28-42     (c) Require any coverage for a drug after the term of the plan.

28-43     3.  Any provision of a health benefit plan subject to the

28-44  provisions of this chapter that is delivered, issued for delivery or


29-1  renewed on or after October 1, 2001, which is in conflict with this

29-2  section is void.

29-3      Sec. 45.  NRS 695A.184 is hereby amended to read as follows:

29-4      695A.184  1.  Except as otherwise provided in this section, a

29-5  benefit contract which provides coverage for prescription drugs

29-6  must not limit or exclude coverage for a drug if the drug:

29-7      (a) Had previously been approved for coverage by the society

29-8  for a medical condition of an insured and the insured’s provider of

29-9  health care determines, after conducting a reasonable investigation,

29-10  that none of the drugs which are otherwise currently approved for

29-11  coverage are medically appropriate for the insured; and

29-12     (b) Is appropriately prescribed and considered safe and effective

29-13  for treating the medical condition of the insured.

29-14     2.  The provisions of subsection 1 do not:

29-15     (a) Apply to coverage for any drug that is prescribed for a use

29-16  that is different from the use for which that drug has been approved

29-17  for marketing by the Food and Drug Administration;

29-18     (b) Prohibit:

29-19         (1) The society from charging a deductible, copayment or

29-20  coinsurance for the provision of benefits for prescription drugs to

29-21  the insured or from establishing, by contract, limitations on the

29-22  maximum coverage for prescription drugs;

29-23         (2) A provider of health care from prescribing another drug

29-24  covered by the benefit contract that is medically appropriate for the

29-25  insured; or

29-26         (3) The substitution of another drug pursuant to NRS

29-27  639.23286 or 639.2583 to [639.2599,] 639.2597, inclusive; or

29-28     (c) Require any coverage for a drug after the term of the benefit

29-29  contract.

29-30     3.  Any provision of a benefit contract subject to the provisions

29-31  of this chapter that is delivered, issued for delivery or renewed on or

29-32  after October 1, 2001, which is in conflict with this section is void.

29-33     Sec. 46.  NRS 695B.1905 is hereby amended to read as

29-34  follows:

29-35     695B.1905  1.  Except as otherwise provided in this section, a

29-36  contract for hospital or medical services which provides coverage

29-37  for prescription drugs must not limit or exclude coverage for a drug

29-38  if the drug:

29-39     (a) Had previously been approved for coverage by the insurer

29-40  for a medical condition of an insured and the insured’s provider of

29-41  health care determines, after conducting a reasonable investigation,

29-42  that none of the drugs which are otherwise currently approved for

29-43  coverage are medically appropriate for the insured; and

29-44     (b) Is appropriately prescribed and considered safe and effective

29-45  for treating the medical condition of the insured.


30-1      2.  The provisions of subsection 1 do not:

30-2      (a) Apply to coverage for any drug that is prescribed for a use

30-3  that is different from the use for which that drug has been approved

30-4  for marketing by the Food and Drug Administration;

30-5      (b) Prohibit:

30-6          (1) The insurer from charging a deductible, copayment or

30-7  coinsurance for the provision of benefits for prescription drugs to

30-8  the insured or from establishing, by contract, limitations on the

30-9  maximum coverage for prescription drugs;

30-10         (2) A provider of health care from prescribing another drug

30-11  covered by the contract that is medically appropriate for the insured;

30-12  or

30-13         (3) The substitution of another drug pursuant to NRS

30-14  639.23286 or 639.2583 to [639.2599,] 639.2597, inclusive; or

30-15     (c) Require any coverage for a drug after the term of the

30-16  contract.

30-17     3.  Any provision of a contract for hospital or medical services

30-18  subject to the provisions of this chapter that is delivered, issued for

30-19  delivery or renewed on or after October 1, 2001, which is in conflict

30-20  with this section is void.

30-21     Sec. 47.  NRS 695C.1734 is hereby amended to read as

30-22  follows:

30-23     695C.1734  1.  Except as otherwise provided in this section,

30-24  evidence of coverage which provides coverage for prescription

30-25  drugs must not limit or exclude coverage for a drug if the drug:

30-26     (a) Had previously been approved for coverage by the health

30-27  maintenance organization or insurer for a medical condition of an

30-28  enrollee and the enrollee’s provider of health care determines, after

30-29  conducting a reasonable investigation, that none of the drugs which

30-30  are otherwise currently approved for coverage are medically

30-31  appropriate for the enrollee; and

30-32     (b) Is appropriately prescribed and considered safe and effective

30-33  for treating the medical condition of the enrollee.

30-34     2.  The provisions of subsection 1 do not:

30-35     (a) Apply to coverage for any drug that is prescribed for a use

30-36  that is different from the use for which that drug has been approved

30-37  for marketing by the Food and Drug Administration;

30-38     (b) Prohibit:

30-39         (1) The health maintenance organization or insurer from

30-40  charging a deductible, copayment or coinsurance for the provision

30-41  of benefits for prescription drugs to the enrollee or from

30-42  establishing, by contract, limitations on the maximum coverage for

30-43  prescription drugs;


31-1          (2) A provider of health care from prescribing another drug

31-2  covered by the evidence of coverage that is medically appropriate

31-3  for the enrollee; or

31-4          (3) The substitution of another drug pursuant to NRS

31-5  639.23286 or 639.2583 to [639.2599,] 639.2597, inclusive; or

31-6      (c) Require any coverage for a drug after the term of the

31-7  evidence of coverage.

31-8      3.  Any provision of an evidence of coverage subject to the

31-9  provisions of this chapter that is delivered, issued for delivery or

31-10  renewed on or after October 1, 2001, which is in conflict with this

31-11  section is void.

31-12     Sec. 48.  NRS 695F.156 is hereby amended to read as follows:

31-13     695F.156  1.  Except as otherwise provided in this section,

31-14  evidence of coverage which provides coverage for prescription

31-15  drugs must not limit or exclude coverage for a drug if the drug:

31-16     (a) Had previously been approved for coverage by the prepaid

31-17  limited health service organization for a medical condition of an

31-18  enrollee and the enrollee’s provider of health care determines, after

31-19  conducting a reasonable investigation, that none of the drugs which

31-20  are otherwise currently approved for coverage are medically

31-21  appropriate for the enrollee; and

31-22     (b) Is appropriately prescribed and considered safe and effective

31-23  for treating the medical condition of the enrollee.

31-24     2.  The provisions of subsection 1 do not:

31-25     (a) Apply to coverage for any drug that is prescribed for a use

31-26  that is different from the use for which that drug has been approved

31-27  for marketing by the Food and Drug Administration;

31-28     (b) Prohibit:

31-29         (1) The organization from charging a deductible, copayment

31-30  or coinsurance for the provision of benefits for prescription drugs to

31-31  the enrollee or from establishing, by contract, limitations on the

31-32  maximum coverage for prescription drugs;

31-33         (2) A provider of health care from prescribing another drug

31-34  covered by the evidence of coverage that is medically appropriate

31-35  for the enrollee; or

31-36         (3) The substitution of another drug pursuant to NRS

31-37  639.23286 or 639.2583 to [639.2599,] 639.2597, inclusive; or

31-38     (c) Require any coverage for a drug after the term of the

31-39  evidence of coverage.

31-40     3.  Any provision of an evidence of coverage subject to the

31-41  provisions of this chapter that is delivered, issued for delivery or

31-42  renewed on or after October 1, 2001, which is in conflict with this

31-43  section is void.

 

 


32-1      Sec. 49.  NRS 695G.166 is hereby amended to read as follows:

32-2      695G.166  1.  Except as otherwise provided in this section, a

32-3  health care plan which provides coverage for prescription drugs

32-4  must not limit or exclude coverage for a drug if the drug:

32-5      (a) Had previously been approved for coverage by the managed

32-6  care organization for a medical condition of an insured and the

32-7  insured’s provider of health care determines, after conducting a

32-8  reasonable investigation, that none of the drugs which are otherwise

32-9  currently approved for coverage are medically appropriate for the

32-10  insured; and

32-11     (b) Is appropriately prescribed and considered safe and effective

32-12  for treating the medical condition of the insured.

32-13     2.  The provisions of subsection 1 do not:

32-14     (a) Apply to coverage for any drug that is prescribed for a use

32-15  that is different from the use for which that drug has been approved

32-16  for marketing by the Food and Drug Administration;

32-17     (b) Prohibit:

32-18         (1) The organization from charging a deductible, copayment

32-19  or coinsurance for the provision of benefits for prescription drugs to

32-20  the insured or from establishing, by contract, limitations on the

32-21  maximum coverage for prescription drugs;

32-22         (2) A provider of health care from prescribing another drug

32-23  covered by the plan that is medically appropriate for the insured; or

32-24         (3) The substitution of another drug pursuant to NRS

32-25  639.23286 or 639.2583 to [639.2599,] 639.2597, inclusive; or

32-26     (c) Require any coverage for a drug after the term of the plan.

32-27     3.  Any provision of a health care plan subject to the provisions

32-28  of this chapter that is delivered, issued for delivery or renewed on or

32-29  after October 1, 2001, which is in conflict with this section is void.

32-30     Sec. 50.  NRS 639.0152, 639.133, 639.205, 639.2323 and

32-31  639.2599 are hereby repealed.

 

 

32-32  LEADLINES OF REPEALED SECTIONS

 

 

32-33     639.0152  “Supportive personnel” defined.

32-34     639.133  Registration of pharmacist not possessing formal

32-35  educational requirements.

32-36     639.205  Inactive status.

32-37     639.2323  Nuclear pharmacy: Publications required on

32-38  premises.

32-39     639.2599  Display of notice regarding substitution.

 

32-40  H