NRS: CHAPTER 454 - POISONS; DANGEROUS DRUGS AND HYPODERMICS

[Rev. 6/29/2024 4:11:15 PM--2023]

CHAPTER 454 - POISONS; DANGEROUS DRUGS AND HYPODERMICS

GENERAL PROVISIONS

NRS 454.001 Definitions.

NRS 454.0015 “Advanced practice registered nurse” defined.

NRS 454.002 “Authorized officers of the law” defined.

NRS 454.003 “Board” defined.

NRS 454.0041 “Chart order” defined.

NRS 454.005 “Chemical” defined.

NRS 454.0053 “Compound” and “compounding” defined.

NRS 454.0058 “Fill” defined.

NRS 454.006 “Furnish” defined.

NRS 454.007 “Hospital” defined.

NRS 454.009 “Hypodermics” defined.

NRS 454.00905 “Institutional pharmacy” defined.

NRS 454.00911 “Laboratory” defined.

NRS 454.0092 “Manufacturer” defined.

NRS 454.00922 “Medical intern” defined.

NRS 454.0094 “Pharmacy” defined.

NRS 454.00945 “Pharmacy in a correctional institution” defined.

NRS 454.0095 “Physician,” “dentist,” “podiatric physician,” “optometrist,” “veterinarian” and “pharmacist” defined.

NRS 454.00958 “Practitioner” defined.

NRS 454.00961 “Prescription” defined.

NRS 454.00973 “Public health program” defined.

NRS 454.00976 “Refill” defined.

NRS 454.00978 “Ultimate user” defined.

NRS 454.0098 “Wholesaler” defined.

NRS 454.0099 Inapplicability of chapter to certain veterinary biologic products.

POISONS

Definitions

NRS 454.010 “Poison” defined.

Regulation of Sale

NRS 454.020 Poisons enumerated in Schedules “A,” “B” and “C” in NRS 454.010 may not be sold unless warning label affixed to package.

NRS 454.030 Requirements for sale or delivery of poison listed in Schedule “A” or “B.”

NRS 454.040 Fictitious name or false representations to seller or dealer prohibited.

NRS 454.045 Sale or delivery of poison listed in Schedule “B” only by registered pharmacist.

NRS 454.050 Book of transactions concerning poison: Contents; when entry required; exceptions.

NRS 454.060 Book of transactions concerning poison: Form and preservation.

NRS 454.080 English language to be used in book and on label or package; additional entry in foreign language permissible.

NRS 454.090 Sale of poison listed in Schedule “A” exempt from registration.

Administration

NRS 454.110 Additional restrictions on sale of poison; adoption of regulations by Board.

NRS 454.130 Telephone number of poison control center to be available at pharmacies.

NRS 454.150 Agents for enforcement; access for inspection.

NRS 454.160 District attorney to conduct actions and prosecutions.

NRS 454.170 Penalty.

DANGEROUS DRUGS AND HYPODERMIC DEVICES

Dangerous Drugs

NRS 454.181 Application of definitions.

NRS 454.191 “Administer” defined.

NRS 454.201 “Dangerous drug” defined.

NRS 454.211 “Dispense” defined.

NRS 454.213 Persons authorized to possess and administer dangerous drug.

NRS 454.215 Authority to dispense dangerous drug.

NRS 454.217 Authority to inject neuromodulator derived from Clostridium botulinum.

NRS 454.221 Furnishing dangerous drug without prescription prohibited; penalty; exceptions.

NRS 454.223 Prescription to be written on prescription blank or chart of patient; contents; regulations.

NRS 454.231 Pharmacist to fill or refill prescription for use only by person to whom prescription originally issued.

NRS 454.286 Records: Maintenance; retention; inspection; penalty.

NRS 454.291 Stock of dangerous drugs and records open to inspection; penalty.

NRS 454.296 Immunity from prosecution of employees of Board and peace officers.

NRS 454.301 Conditions under which practitioner or veterinarian may furnish drugs without prescription.

NRS 454.303 Certain school employees authorized to administer auto-injectable epinephrine or opioid antagonist.

NRS 454.306 Use of minor as agent; unlawful furnishing of dangerous drug to minor; penalty.

NRS 454.311 Fraudulent possession of dangerous drug or prescription; false or altered prescription; penalty.

NRS 454.316 Possession of dangerous drug without prescription unlawful; penalties; exceptions.

NRS 454.321 Unlawful dispensing or furnishing of dangerous drug; penalty.

NRS 454.323 Sale or distribution of product containing toluene to person less than 18 years of age.

NRS 454.326 Misrepresentation by use of telephone to obtain dangerous drug; penalty.

NRS 454.341 Unlawful possession or sale of nasal inhaler; exception.

NRS 454.346 Use or possession with intent to use drug, chemical, poison or organic solvent to induce euphoria or hallucinations unlawful; exception.

NRS 454.351 Drugs which may not be introduced into interstate commerce; penalty; exemptions. [Effective through June 30, 2027.]

NRS 454.351 Drugs which may not be introduced into interstate commerce; penalty; exemptions. [Effective July 1, 2027.]

NRS 454.356 Penalty for violation.

NRS 454.358 Fee for analysis of dangerous drug included in sentence; distribution of money collected; limitations on use of money.

NRS 454.361 Conviction for violation of provision concerning dangerous drugs constitutes grounds for suspension or revocation of professional license.

NRS 454.366 Administration and enforcement by Board.

NRS 454.371 Limitations on furnishing dangerous drug; adoption of regulations by Board; penalties.

Hypodermic Devices

NRS 454.480 Requirements for sale with or without prescription.

NRS 454.500 Regulation of sale of hypodermic devices other than hypodermic needles or syringes.

NRS 454.510 Unlawful possession of hypodermic device.

NRS 454.530 Obtaining possession of hypodermic device by forged or fictitious name or fraudulent misrepresentation; penalty.

Enforcement

NRS 454.534 Burden of proving exception or exemption.

NRS 454.535 Amount of drug needed to sustain conviction for prohibited offense.

MISCELLANEOUS PROVISIONS

NRS 454.680 Applicability to certain products.

NRS 454.690 Availability of investigational drug, biological product or device or individualized investigational treatment, hotline for patients who develop adverse effects or symptoms; reports; prohibition on preventing access to investigational drug, biological product or device or individualized investigational treatment; no private cause of action created; immunity of heirs of patient who dies from liability for certain debt; civil and criminal penalties. [Effective through June 30, 2027.]

NRS 454.690 Availability of investigational drug, biological product or device; prohibition on preventing access to investigational drug, biological product or device; penalty. [Effective July 1, 2027.]

NRS 454.695 Prescriptions by advanced practice registered nurses.

NRS 454.710 Injunctions.

_________

GENERAL PROVISIONS

NRS 454.001 Definitions. As used in this chapter, the words and terms defined in NRS 454.0015 to 454.0098, inclusive, have the meanings ascribed to them in those sections, unless a different meaning clearly appears in the context.

(Added to NRS by 1967, 1635; A 1977, 187; 1979, 1674; 1987, 952, 1656; 1991, 794, 1955)

NRS 454.0015 “Advanced practice registered nurse” defined. “Advanced practice registered nurse” means a registered nurse who holds a valid license as an advanced practice registered nurse issued by the State Board of Nursing pursuant to NRS 632.237.

(Added to NRS by 1991, 794; A 2013, 2087)

NRS 454.002 “Authorized officers of the law” defined. “Authorized officers of the law” means:

1. Peace officers;

2. Members, investigators and inspectors of the Board;

3. Inspectors of the Food and Drug Administration; and

4. Commissioners and agents appointed as provided in chapter 585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act.

(Added to NRS by 1967, 1635)

NRS 454.003 “Board” defined. “Board” means the State Board of Pharmacy.

(Added to NRS by 1967, 1635)

NRS 454.0041 “Chart order” defined. “Chart order” means an order entered on the chart of a patient:

1. In a hospital, facility for intermediate care or facility for skilled nursing which is licensed as such by the Division of Public and Behavioral Health of the Department of Health and Human Services; or

2. Under emergency treatment in a hospital by a practitioner or on the written or oral order of a practitioner authorizing the administration of a drug to the patient.

(Added to NRS by 1973, 1196; A 1979, 1674; 1985, 1751)

NRS 454.005 “Chemical” defined. “Chemical” includes all chemicals intended, designed and labeled for use in the cure, treatment, mitigation or prevention of disease in humans or other animals.

(Added to NRS by 1967, 1635)

NRS 454.0053 “Compound” and “compounding” defined. “Compound” or “compounding” means to form or make up a composite product by combining two or more different ingredients.

(Added to NRS by 1979, 1681)

NRS 454.0058 “Fill” defined. “Fill” means the counting, measuring, compounding, pouring, packaging and labeling required to prepare a drug for either direct or indirect delivery to a patient.

(Added to NRS by 1979, 1681)

NRS 454.006 “Furnish” defined. “Furnish” means to supply by any means, by sale or otherwise.

(Added to NRS by 1967, 1635)

NRS 454.007 “Hospital” defined. “Hospital” means any institution, place, building or agency which is licensed by the Department of Health and Human Services as a hospital and which operates facilities for the care and treatment of human illness or other abnormal physical or mental conditions on an inpatient basis, including any such facility operated by this State or a political subdivision of this State.

(Added to NRS by 1967, 1635; A 1979, 1674; 1987, 952)

NRS 454.009 “Hypodermics” defined. “Hypodermics” means any syringe, needle, instrument, device or implement intended or capable of being adapted for the purpose of administering drugs by subcutaneous, intramuscular or intravenous injection.

(Added to NRS by 1967, 1635)

NRS 454.00905 “Institutional pharmacy” defined. “Institutional pharmacy” means a pharmacy or other storage place as defined by regulations adopted by the Board which is a part of or is operated in conjunction with a medical facility as that term is defined in NRS 449.0151. The term includes:

1. A pharmacy on the premises of the medical facility which provides a system of distributing and supplying medication to the facility, whether or not operated by the facility; and

2. A pharmacy off the premises of the medical facility which provides services only to the patients of the facility and provides a system of distributing medication based upon chart orders from the medical facility.

(Added to NRS by 1987, 1656; A 1993, 1990)

NRS 454.00911 “Laboratory” defined. “Laboratory” means a research, teaching or testing laboratory not engaged in the sale of drugs but using dangerous drugs for scientific or teaching purposes.

(Added to NRS by 1973, 1196)

NRS 454.0092 “Manufacturer” defined. “Manufacturer” means a person who:

1. Derives, produces, prepares, compounds, mixes, cultivates, grows or processes any drug;

2. Repackages any drug for the purpose of resale; or

3. Makes, produces or prepares any devices or appliances that are restricted by federal law to sale by or on the order of a physician.

(Added to NRS by 1967, 1635; A 1971, 2028; 1973, 1195; 1993, 636, 1223)

NRS 454.00922 “Medical intern” defined. “Medical intern” means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.

(Added to NRS by 1981, 746)

NRS 454.0094 “Pharmacy” defined.

1. “Pharmacy” means every store or shop licensed by the Board where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed.

2. “Pharmacy” includes pharmacies owned or operated by the State of Nevada and political subdivisions and municipal corporations therein.

(Added to NRS by 1967, 1636; A 1971, 2028; 1973, 1196; 1979, 1674)

NRS 454.00945 “Pharmacy in a correctional institution” defined. “Pharmacy in a correctional institution” means a pharmacy or other storage place for medicines, controlled substances and dangerous drugs which is a part of or is operated in conjunction with a correctional facility, including a jail and facility for the detention of juveniles.

(Added to NRS by 1987, 1656)

NRS 454.0095 “Physician,” “dentist,” “podiatric physician,” “optometrist,” “veterinarian” and “pharmacist” defined. “Physician,” “dentist,” “podiatric physician,” “optometrist,” “veterinarian” and “pharmacist” mean persons authorized by a currently valid license to practice their respective professions in this State.

(Added to NRS by 1967, 1636; A 1969, 347; 1977, 964; 1993, 2236; 1995, 1034)

NRS 454.00958 “Practitioner” defined. “Practitioner” means:

1. A physician, dentist, veterinarian or podiatric physician who holds a valid license to practice his or her profession in this State.

2. A pharmacy, hospital or other institution licensed or registered to distribute, dispense, conduct research with respect to or to administer a dangerous drug in the course of professional practice in this State.

3. When relating to the prescription of poisons, dangerous drugs and devices:

(a) An advanced practice registered nurse who holds a certificate from the State Board of Pharmacy permitting him or her so to prescribe; or

(b) A physician assistant who holds a license from the Board of Medical Examiners and a certificate from the State Board of Pharmacy permitting him or her so to prescribe.

4. An optometrist who is certified to prescribe and administer pharmaceutical agents pursuant to NRS 636.288 when the optometrist prescribes or administers dangerous drugs which are within the scope of his or her certification.

5. A dental hygienist who holds a valid license to practice dental hygiene in this State and:

(a) Is authorized to prescribe and dispense the dangerous drugs listed in NRS 631.3105 in accordance with the provisions of that section and the regulations adopted pursuant thereto; and

(b) Holds a certificate issued by the State Board of Pharmacy pursuant to NRS 639.1374 authorizing him or her to so prescribe.

6. A certified registered nurse anesthetist who orders, prescribes, possesses or administers poisons, dangerous drugs or devices in accordance with NRS 632.2397.

7. A pharmacist who is registered pursuant to NRS 639.28079 to prescribe and dispense drugs for medication-assisted treatment.

(Added to NRS by 1979, 1681; A 1983, 1220; 1989, 1995; 1991, 794; 1993, 2236; 1995, 1034; 2001, 788; 2013, 2088; 2019, 3657; 2023, 1452, 2361, 3435)

NRS 454.00961 “Prescription” defined.

1. “Prescription” means:

(a) An order given individually for the person for whom prescribed, directly from the practitioner, or the practitioner’s agent, to a pharmacist or indirectly by means of an order signed by the practitioner or an electronic transmission from the practitioner to a pharmacist.

(b) A chart order written for an inpatient specifying drugs which he or she is to take home upon discharge.

2. “Prescription” does not include a chart order written for an inpatient for use while he or she is an inpatient.

(Added to NRS by 1973, 1196; A 1979, 1675; 1983, 1515; 1987, 1657; 1991, 1956)

NRS 454.00973 “Public health program” defined. “Public health program” means a program of the government which is:

1. Administered by the officers and agents of:

(a) The Division of Public and Behavioral Health of the Department of Health and Human Services; or

(b) The local boards of health; and

2. Created to serve the health needs of an entire political subdivision by reducing the incidence and prevalence of a disease, subset of disease or a medical event.

(Added to NRS by 1991, 1955; A 1995, 556)

NRS 454.00976 “Refill” defined. “Refill” means to fill again.

(Added to NRS by 1979, 1681)

NRS 454.00978 “Ultimate user” defined. “Ultimate user” means a person who lawfully possesses a dangerous drug for the person’s own use or the use of a member of the person’s household or for administering to any animal owned by the person or by a member of the person’s household. The term includes the guardian of an ultimate user or any other person authorized in a durable power of attorney to act on the behalf of the ultimate user. The term does not include a patient in or an employee of a medical facility, as defined in NRS 449.0151, who is not statutorily authorized to administer drugs.

(Added to NRS by 1987, 952; A 1993, 1216; 1995, 556)

NRS 454.0098 “Wholesaler” defined. “Wholesaler” means a wholesale distributor as defined by 21 C.F.R. § 205.3(g) who supplies dangerous drugs or chemicals or devices or appliances that are restricted by federal law to sale by or on the order of a physician to a person other than the consumer or patient, except where authorized by NRS 639.573. The term does not include:

1. A person who derives, produces or prepares medicines, chemicals or devices on sales orders for resale.

2. A nonprofit cooperative agricultural organization which supplies or distributes veterinary drugs and medicines only to its own members.

(Added to NRS by 1967, 1636; A 1971, 2028; 1973, 1196; 1991, 1164; 1993, 1223; 2023, 314)

NRS 454.0099 Inapplicability of chapter to certain veterinary biologic products.

1. The provisions of this chapter and any regulations adopted pursuant thereto do not apply to a veterinary biologic product that is:

(a) Licensed for production under a product license; and

(b) Directly marketed by a manufacturing facility holding an establishment license for administration to livestock.

2. As used in this section:

(a) “Establishment license” means a U. S. Veterinary Biologics Establishment License issued by the Administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture pursuant to the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 to 159, inclusive, and any amendments to or replacements of the Act, and any regulations adopted pursuant to the Act.

(b) “Livestock” has the meaning ascribed to it in subsections 1 and 3 to 6, inclusive, of NRS 571.022.

(c) “Product license” means a U. S. Veterinary Biological Product License issued by the Administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture pursuant to the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 to 159, inclusive, and any amendments to or replacements of the Act, and any regulations adopted pursuant to the Act.

(d) “Veterinary biologic product” has the meaning ascribed to “biological product” in 9 C.F.R. § 101.2.

(Added to NRS by 2021, 725)

POISONS

Definitions

NRS 454.010 “Poison” defined. As used in NRS 454.010 to 454.170, inclusive, “poison” means any substance having an inherent deleterious property which when internally or externally applied to the body of a human or animal is capable of causing damage to the tissues, destroying the action of vital functions of the body or causing death, and includes the compositions of the following schedules:

Schedule “A”:

1. Aconite, belladonna, cantharadis and nux vomica.

2. Alkaloids and derivatives.

3. Antiseptic tablets containing corrosive sublimate.

4. Arsenic, its compounds and preparations.

5. Corrosive sublimate.

6. Cyanide of potassium.

7. Hydrocyanic acid.

8. Oils of croton.

9. Phosphorus and its poisonous derivatives or compounds.

10. Rue and tansy.

11. Sodium fluoracetate and preparations.

12. Strophanthus or its preparations.

13. Strychnine.

14. Zinc phosphide and preparations.

15. All compounds, preparations or products, other than cosmetics, which contain any of the following poisons as the primary solvent or in amounts capable of causing intoxication or harmful physical effects if inhaled, absorbed or ingested:

(a) Ethyl acetate.

(b) Isobutyl ketone.

(d) Methyl ethyl ketone.

(e) Trichlorethylene.

Schedule “B”:

1. Bromides.

2. Chloroform.

3. Cocculus indicus or its preparations.

4. Cowhage.

5. Creosote.

6. Ether.

7. Hydrochloric or muriatic acid.

8. Nitric acid.

9. Oils of savin and pennyroyal.

10. Oxalic acid.

11. Solution of formaldehyde or formalin.

12. Sugar of lead.

13. Sulfate of zinc.

14. Sulfuric acid.

15. Tartar emetic and other derivatives of antimony.

16. Veratrum.

17. Wood alcohol or methanol.

Schedule “C”:

1. Carbon tetrachloride or any preparation in which it is used as the primary solvent.

2. Any preparation or substance which contains any of the poisons listed in Schedule “A” or “B” in amounts capable of causing harmful physical effects if inhaled, absorbed or ingested, when such products or preparations are intended and designed for agricultural, commercial, economic, industrial or household use, and are labeled in compliance with the provisions of NRS 454.020 and 454.080.

[Part 7:207:1913; A 1921, 66; NCL § 5081]—(NRS A 1959, 66; 1967, 1627; 1993, 636)

Regulation of Sale

NRS 454.020 Poisons enumerated in Schedules “A,” “B” and “C” in NRS 454.010 may not be sold unless warning label affixed to package.

1. It is unlawful for any person to vend, sell, give away or furnish, either directly or indirectly, any poisons enumerated in Schedules “A,” “B” and “C” in NRS 454.010 without labeling the container, package, box, bottle or paper in which the poison is contained with:

(a) The name of the article.

(b) The word “poison,” which shall be printed in boldface type in capital letters not less than twice the size of other type on the label.

(d) The vignette representing the skull and crossbones.

(e) The first aid treatment or antidote approved by the Board or the American Chemical Manufacturers Association for such poison.

(f) Any supplemental warnings or cautions required by either state or federal law or by regulations of the Board.

2. The label shall be printed in type that can be clearly read, upon red paper in distinct white letters or in distinct red letters upon white paper.

[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A 1959, 67; 1967, 1628)

NRS 454.030 Requirements for sale or delivery of poison listed in Schedule “A” or “B.” It is unlawful to vend, sell, deliver or otherwise furnish any of the poisons named in Schedule “A” or “B” or any other dangerously poisonous drug, chemical or medical substance which may from time to time be designated by the Board, unless on inquiry it is found that the person desiring the same is 18 years of age or older and is aware of its poisonous character, and it satisfactorily appears that it is to be used for a legitimate purpose.

[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A 1967, 1629)

NRS 454.040 Fictitious name or false representations to seller or dealer prohibited. It is unlawful for any person to give a fictitious name or false address or make any false representations to the seller or dealer when buying any of the poisons enumerated in Schedule “A” or the additions thereto.

[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A 1967, 1629)

NRS 454.045 Sale or delivery of poison listed in Schedule “B” only by registered pharmacist. It is unlawful for any person, other than a registered pharmacist or an intern pharmacist acting under the direct and immediate supervision of a registered pharmacist, to vend, sell, furnish or deliver any poison enumerated in Schedule “B” of NRS 454.010.

(Added to NRS by 1967, 1636; A 1971, 682)

NRS 454.050 Book of transactions concerning poison: Contents; when entry required; exceptions.

1. It is unlawful to vend, sell, furnish or deliver any poison included in Schedule “A,” the additions thereto or those enumerated by regulation of the Board without making or causing to be made, at the time of the sale, an entry in a book kept solely for that purpose, stating:

(a) The date of sale.

(b) The name, complete residence or business address and signature of the purchaser.

(d) The statement by the purchaser of the purpose for which the poison is required.

(e) The signature of the dispenser, who must be a registered pharmacist or a registered intern pharmacist acting under the direct and immediate supervision of a registered pharmacist.

2. The provisions of this section do not apply when the poisons enumerated in Schedule “A” are used as solvents for glues and cements used in making of models, when sold in single units or containers simultaneously with or as a part of a kit to be used for the construction of model airplanes, boats, automobiles, trains or other similar models if such kits have been assembled by a recognized manufacturer of such kits and are advertised as such.

[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A 1967, 1629; 1971, 682; 1977, 74)

NRS 454.060 Book of transactions concerning poison: Form and preservation.

1. The poison book shall be in form substantially as follows:

Name of Kind and Purpose Signature of Signature of

Date Purchaser Residence Quantity of Use Pharmacist Purchaser

2. This book shall always be open for inspection by authorized officers of the law acting in their official capacity, and shall be preserved for at least 5 years after the date of the last entry therein.

[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A 1967, 1630)

NRS 454.080 English language to be used in book and on label or package; additional entry in foreign language permissible. The entries in the poison book and the printed or written matter required to be placed on the label or the package shall be in the English language, except that the vendor of the poison may enter the same in any foreign language the vendor may desire, in addition to the entry and label in English.

[Part 3:207:1913; 1919 RL p. 2883; NCL § 5077]

NRS 454.090 Sale of poison listed in Schedule “A” exempt from registration.

1. Dealers, manufacturers and pharmacists are exempted from the registration of the sale of any poison enumerated in Schedule “A” or the additions thereto when sold:

(a) To a registered pharmacist or a practitioner;

(b) To a manufacturer or wholesaler;

(d) To other established, legitimate users in chemical or technical arts.

2. The provisions of NRS 454.010 to 454.170, inclusive, shall not apply to the sale of any poison upon the prescriptions of practitioners.

[Part 5:207:1913; 1919 RL p. 2883; NCL § 5079]—(NRS A 1967, 1630; 1969, 902; 1979, 1675)

Administration

NRS 454.110 Additional restrictions on sale of poison; adoption of regulations by Board. When, in the opinion of the Board, it is in the interest of the public health, the Board is empowered to restrict or prohibit further the retail sale of any poison by regulations not inconsistent with the provisions of NRS 454.010 to 454.170, inclusive. Such regulations may be adopted by the Board and must be applicable to all persons alike.

[Part 4:207:1913; 1919 RL p. 2883; NCL § 5078]—(NRS A 1979, 1675)

NRS 454.130 Telephone number of poison control center to be available at pharmacies. Each pharmacy must have available for the information of the public the telephone number of the closest poison control center.

[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A 1981, 746)

NRS 454.150 Agents for enforcement; access for inspection. The Commissioner and agents appointed as provided in chapter 585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act are designated and constituted agents for the enforcement of NRS 454.010 to 454.170, inclusive, and shall cooperate with the Board in carrying out the provisions of NRS 454.010 to 454.170, inclusive. For this purpose, they shall have free access at all times during business hours to all places where drugs, medicines or poisons are offered for sale.

[9:207:1913; 1919 RL p. 2886; NCL § 5083]—(NRS A 1967, 1631)

NRS 454.160 District attorney to conduct actions and prosecutions. The district attorney of the county wherein any violation of NRS 454.010 to 454.170, inclusive, is committed shall conduct all actions and prosecutions for the same at the request of the Board.

[Part 6:207:1913; A 1915, 119; 1919 RL p. 2883; NCL § 5080]—(NRS A 1967, 1631)

NRS 454.170 Penalty. Any person violating any of the provisions of NRS 454.010 to 454.160, inclusive, shall be guilty of a misdemeanor.

[Part 7:207:1913; A 1921, 66; NCL § 5081]—(NRS A 1967, 586)

DANGEROUS DRUGS AND HYPODERMIC DEVICES

Dangerous Drugs

NRS 454.181 Application of definitions. Definitions of words and terms in NRS 454.00922, 454.191, 454.201 and 454.211 apply only to NRS 454.181 to 454.371, inclusive.

(Added to NRS by 1973, 1196; A 1981, 746; 1987, 1399; 2017, 1250)

NRS 454.191 “Administer” defined. “Administer” means the direct application of a drug or medicine referred to in NRS 454.181 to 454.371, inclusive, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject.

(Added to NRS by 1973, 1196; A 1977, 672, 964; 1979, 593, 1676; 2017, 1250)

NRS 454.201 “Dangerous drug” defined. “Dangerous drug” means any drug, other than a controlled substance, unsafe for self-medication or unsupervised use, and includes the following:

1. Any drug which has been approved by the Food and Drug Administration for general distribution and bears the legend “Rx only”;

2. Procaine hydrochloride with preservatives and stabilizers (Gerovital H3) in injectable doses and amygdalin (laetrile) which have been licensed by the State Board of Health for manufacture in this State but have not been approved as drugs by the Food and Drug Administration; or

3. Any drug which, pursuant to the Board’s regulations, may be sold only by prescription because the Board has found those drugs to be dangerous to public health or safety.

(Added to NRS by 1973, 1197; A 1977, 1645; 1983, 336; 1987, 1553; 2017, 1250)

NRS 454.211 “Dispense” defined.

1. “Dispense” means the furnishing of a dangerous drug in any amount greater than that which is necessary for the present and immediate needs of the ultimate user.

2. The term does not include the furnishing of a dangerous drug by a hospital pharmacy for inpatients.

(Added to NRS by 1973, 1197; A 1977, 673; 1979, 594, 1676; 1987, 1657)

NRS 454.213 Persons authorized to possess and administer dangerous drug.

1. Except as otherwise provided in NRS 454.217, a drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

(a) A practitioner.

(b) A physician assistant licensed pursuant to chapter 630 or 633 of NRS or an anesthesiologist assistant, at the direction of his or her supervising physician or supervising anesthesiologist or supervising osteopathic anesthesiologist, as applicable, or a licensed dental hygienist or expanded function dental assistant acting in the office of and under the supervision of a dentist.

(c) Except as otherwise provided in paragraph (d), a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician or advanced practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.

(d) In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

(1) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

(2) Acting under the direction of the medical director of that agency or facility who works in this State.

(e) A medication aide - certified at a designated facility under the supervision of an advanced practice registered nurse or registered nurse and in accordance with standard protocols developed by the State Board of Nursing. As used in this paragraph, “designated facility” has the meaning ascribed to it in NRS 632.0145.

(f) Except as otherwise provided in paragraph (g), an advanced emergency medical technician or a paramedic, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:

(1) The State Board of Health in a county whose population is less than 100,000;

(2) A county board of health in a county whose population is 100,000 or more; or

(3) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

(g) An advanced emergency medical technician or a paramedic who holds an endorsement issued pursuant to NRS 450B.1975, under the direct supervision of a local health officer or a designee of the local health officer pursuant to that section.

(h) A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

(i) A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

(j) A medical student or student nurse in the course of his or her studies at an accredited college of medicine or approved school of professional or practical nursing, at the direction of a physician and:

(1) In the presence of a physician or a registered nurse; or

(2) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

Ê A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

(k) Any person designated by the head of a correctional institution.

(l) An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

(m) A holder of a license to engage in radiation therapy and radiologic imaging issued pursuant to chapter 653 of NRS, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

(n) A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

(o) A physical therapist, but only if the drug or medicine is a topical drug which is:

(1) Used for cooling and stretching external tissue during therapeutic treatments; and

(2) Prescribed by a licensed physician for:

(I) Iontophoresis; or

(II) The transmission of drugs through the skin using ultrasound.

(p) In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

(q) A veterinary technician or a veterinary assistant at the direction of his or her supervising veterinarian.

(r) In accordance with applicable regulations of the Board, a registered pharmacist who:

(1) Is trained in and certified to carry out standards and practices for immunization programs;

(2) Is authorized to administer immunizations pursuant to written protocols from a physician; and

(3) Administers immunizations in compliance with the “Standards for Immunization Practices” recommended and approved by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

(s) A registered pharmacist pursuant to written guidelines and protocols developed pursuant to NRS 639.2629 or a collaborative practice agreement, as defined in NRS 639.0052.

(t) A person who is enrolled in a training program to become a physician assistant or anesthesiologist assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, physical therapist or veterinary technician or to obtain a license to engage in radiation therapy and radiologic imaging pursuant to chapter 653 of NRS if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant or anesthesiologist assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, physical therapist, veterinary technician or person licensed to engage in radiation therapy and radiologic imaging who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

(u) A medical assistant, in accordance with applicable regulations of the:

(1) Board of Medical Examiners, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

(2) State Board of Osteopathic Medicine, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

2. As used in this section, “accredited college of medicine” has the meaning ascribed to it in NRS 453.375.

(Added to NRS by 1979, 1682; A 1981, 60, 746; 1983, 1221, 1515, 1937; 1987, 952, 1657, 2215; 1989, 749; 1991, 1956; 1993, 1216, 2839; 1995, 725, 1691; 1999, 2720; 2001, 2, 789, 792; 2003, 2296; 2005, 2476; 2007, 1866; 2009, 1534; 2011, 1341, 2609, 3080; 2013, 949, 2088; 2015, 1533; 2017, 1250, 2523; 2019, 2705; 2021, 1665; 2023, 1597, 3435)

NRS 454.215 Authority to dispense dangerous drug. A dangerous drug may be dispensed by:

1. A registered pharmacist upon the legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge;

2. A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer;

3. A practitioner, or a physician assistant licensed pursuant to chapter 630 or 633 of NRS if authorized by the Board;

4. A registered nurse, when the nurse is engaged in the performance of any public health program approved by the Board;

5. A medical intern in the course of his or her internship;

6. An advanced practice registered nurse who holds a certificate from the State Board of Pharmacy permitting him or her to dispense dangerous drugs;

7. A registered nurse employed at an institution of the Department of Corrections to an offender in that institution;

8. A registered pharmacist from an institutional pharmacy pursuant to regulations adopted by the Board;

9. A manufacturer or wholesaler dispensing a dialysate drug pursuant to NRS 639.573; or

10. A registered nurse to a patient at a rural clinic that is designated as such pursuant to NRS 433.233 and that is operated by the Division of Public and Behavioral Health of the Department of Health and Human Services if the nurse is providing mental health services at the rural clinic,

Ê except that no person may dispense a dangerous drug in violation of a regulation adopted by the Board.

(Added to NRS by 1979, 1682; A 1981, 747; 1983, 1516; 1987, 807, 1583, 1658; 1989, 915; 1991, 794; 2001, 790; 2001 Special Session, 242; 2003, 1017; 2007, 1867; 2013, 2090; 2023, 314)

NRS 454.217 Authority to inject neuromodulator derived from Clostridium botulinum.

1. A person shall not inject a neuromodulator that is derived from Clostridium botulinum or is biosimilar to or the bioequivalent of such a neuromodulator:

(a) Unless the person is:

(1) A physician or physician assistant licensed pursuant to chapter 630 of NRS;

(2) A dentist who has successfully completed the training prescribed by the Board of Dental Examiners of Nevada pursuant to NRS 631.391;

(3) A registered nurse or advanced practice registered nurse;

(4) A physician or physician assistant licensed pursuant to chapter 633 of NRS; or

(5) A podiatric physician who has successfully completed the training prescribed by the State Board of Podiatry pursuant to NRS 635.086.

(b) Outside his or her scope of practice.

(c) At a location other than a medical facility, as defined in NRS 449.0151, or the office of a physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, advanced practice registered nurse or podiatric physician.

2. A person who is authorized by subsection 1 to inject a neuromodulator described in that subsection shall not delegate such injection to a person who is prohibited by subsection 1 from injecting such a neuromodulator.

(Added to NRS by 2017, 1249)

NRS 454.221 Furnishing dangerous drug without prescription prohibited; penalty; exceptions.

1. A person who furnishes any dangerous drug except upon the prescription of a practitioner is guilty of a category D felony and shall be punished as provided in NRS 193.130, unless the dangerous drug was obtained originally by a legal prescription.

2. The provisions of this section do not apply to the furnishing of any dangerous drug by:

(a) A practitioner to his or her patients;

(b) A physician assistant licensed pursuant to chapter 630 or 633 of NRS if authorized by the Board;

(c) A registered nurse while participating in a public health program approved by the Board, or an advanced practice registered nurse who holds a certificate from the State Board of Pharmacy permitting him or her to dispense dangerous drugs;

(d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under records of sales and purchases that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity;

(e) A hospital pharmacy or a pharmacy so designated by a county health officer in a county whose population is 100,000 or more, or by a district health officer in any county within its jurisdiction or, in the absence of either, by the Chief Medical Officer or the Chief Medical Officer’s designated Medical Director of Emergency Medical Services, to a person or agency described in subsection 4 of NRS 639.268 to stock ambulances or other authorized vehicles or replenish the stock; or

(f) A pharmacy in a correctional institution to a person designated by the Director of the Department of Corrections to administer a lethal injection to a person who has been sentenced to death.

(Added to NRS by 1973, 1197; A 1975, 354; 1977, 673, 938; 1979, 594, 1676; 1981, 747; 1983, 453, 1938; 1985, 887, 1701; 1987, 1658; 1989, 1126; 1991, 795; 1993, 451, 2841; 1995, 301, 1292, 1329; 2001, 791; 2001 Special Session, 242; 2007, 1868; 2013, 2091; 2023, 2090)

NRS 454.223 Prescription to be written on prescription blank or chart of patient; contents; regulations.

1. Except as otherwise provided in subsection 4, each prescription for a dangerous drug must be written on a prescription blank or as an order on the chart of a patient. A chart of a patient may be used to order multiple prescriptions for that patient.

2. A written prescription must contain:

(a) The name of the practitioner, the signature of the practitioner if the prescription was not transmitted orally and the address of the practitioner if not immediately available to the pharmacist;

(b) The classification of his or her license;

(d) The name, strength and quantity of the drug or drugs prescribed;

(e) The symptom or purpose for which the drug is prescribed, if included by the practitioner pursuant to NRS 639.2352;

(f) Directions for use; and

(g) The date of issue.

3. Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

4. The Board shall adopt regulations concerning the electronic transmission of a prescription for a dangerous drug, which must be consistent with federal law and the provisions of NRS 439.581 to 439.597, inclusive, and the regulations adopted pursuant thereto.

(Added to NRS by 1979, 1682; A 1981, 748; 1983, 1516; 1985, 887; 1987, 1659; 2007, 659; 2011, 1761)

NRS 454.231 Pharmacist to fill or refill prescription for use only by person to whom prescription originally issued. No pharmacist shall knowingly fill or refill any prescription for a dangerous drug for use by any person other than the one for whom the prescription was originally issued.

(Added to NRS by 1973, 1197)

NRS 454.286 Records: Maintenance; retention; inspection; penalty.

1. Every retail pharmacy, hospital or any practitioner who engages in the practice of dispensing or furnishing drugs to patients and every manufacturer or wholesaler that dispenses dialysate drugs to patients pursuant to NRS 639.573 shall maintain a complete and accurate record of all dangerous drugs purchased and those sold on prescription, dispensed, furnished or disposed of otherwise.

2. The records must be retained for a period of 2 years and must be open to inspection by members, inspectors or investigators of the Board or inspectors of the Food and Drug Administration.

3. Invoices showing all purchases of dangerous drugs constitute a complete record of all dangerous drugs received.

4. For the purpose of this section, the prescription files of a pharmacy constitute a record of the disposition of all dangerous drugs.

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

(Added to NRS by 1973, 1198; A 1979, 1678; 1981, 748; 1987, 1034; 1989, 1000, 1126; 1991, 1165; 1995, 302; 2023, 314)

NRS 454.291 Stock of dangerous drugs and records open to inspection; penalty.

1. All stock and records of purchase and disposition of any dangerous drug of a wholesaler, pharmacy, practitioner, hospital, laboratory or a nonprofit cooperative agriculture organization which supplies and distributes drugs and medicines only to its members are at all times, during business hours, open to inspection by agents, assistants, members and inspectors of the Board, inspectors of the Food and Drug Administration, and agents and commissioners appointed pursuant to chapter 585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act. The records must be preserved for at least 2 years after the date of making.

2. Any person who fails, neglects or refuses to maintain those records or who, when called upon by an authorized officer to produce those records, fails, neglects or refuses to produce them, or who willfully produces or furnishes records which are false, is guilty of a misdemeanor.

(Added to NRS by 1973, 1198; A 1979, 1678; 1981, 748; 1989, 1127; 1995, 302)

NRS 454.296 Immunity from prosecution of employees of Board and peace officers. All agents, assistants and inspectors of the Board and peace officers, while investigating violations of NRS 454.181 to 454.371, inclusive, in performance of their official duties, and any person working under their immediate direction, supervision or instruction are immune from prosecution under NRS 454.181 to 454.371, inclusive.

(Added to NRS by 1973, 1198)

NRS 454.301 Conditions under which practitioner or veterinarian may furnish drugs without prescription.

1. Except as otherwise provided in subsection 2, a practitioner who dispenses drugs and who personally furnishes his or her own patients with such drugs as are necessary in the treatment of the condition for which the practitioner attends a patient shall not do so without writing a prescription unless the drugs so furnished are:

(a) Not charged for, either separately or together with charges for other professional services, and the practitioner keeps accurate records, as required by NRS 454.286, of all drugs so furnished;

(b) Clearly labeled with the date, the name and address of the furnisher, the name of the patient, the directions for use, the name and strength and the expiration date of the effectiveness of the drug, if that information is required on the original label of the manufacturer of that drug; and

(1) By a nurse or attendant; or

(2) In violation of a regulation adopted by the Board.

2. A veterinarian may furnish multiple doses of drugs, necessary for the treatment of large animals, to ranchers or dealers in livestock for use solely in the treatment of livestock on the premises of the rancher or dealer, and when furnishing those drugs the veterinarian is not required to comply with the provisions of subsection 1, except for subparagraph (2) of paragraph (c).

(Added to NRS by 1973, 1199; A 1979, 1678; 1981, 749; 1987, 807; 1989, 1127)

NRS 454.303 Certain school employees authorized to administer auto-injectable epinephrine or opioid antagonist.

1. A school nurse or other employee of a public or private school who is authorized pursuant to NRS 386.870 or 394.1995 to administer auto-injectable epinephrine or an opioid antagonist may possess and administer auto-injectable epinephrine or an opioid antagonist, as applicable, maintained by the school if the school nurse or other employee has received training in the proper storage and administration of auto-injectable epinephrine or the opioid antagonist, as applicable, as required by NRS 386.870 or 394.1995.

2. As used in this section, “opioid antagonist” has the meaning ascribed to it in NRS 453C.040.

(Added to NRS by 2013, 1224; A 2021, 424)

NRS 454.306 Use of minor as agent; unlawful furnishing of dangerous drug to minor; penalty. A person who violates any provision of NRS 454.181 to 454.371, inclusive, by use of a minor as an agent or by unlawfully furnishing any dangerous drug to a minor is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, or by a fine of not more than $20,000, or by both fine and imprisonment.

(Added to NRS by 1973, 1200; A 1979, 1475; 1995, 1292; 2017, 1253)

NRS 454.311 Fraudulent possession of dangerous drug or prescription; false or altered prescription; penalty.

1. A person, other than a peace officer or inspector of the Board in the performance of his or her official duty, who knowingly or intentionally obtains or attempts to obtain possession of a dangerous drug or a prescription for a dangerous drug by misrepresentation, fraud, forgery, deception, subterfuge or alteration is guilty of a category E felony and shall be punished as provided in NRS 193.130.

2. A person who knowingly has in his or her possession any false, fictitious, forged or altered prescription for a dangerous drug is guilty of a category E felony and shall be punished as provided in NRS 193.130.

3. A person who knowingly:

(a) Receives any dangerous drug from, or has in his or her possession or under his or her control any dangerous drug obtained by, another person as a result of any forged, false, fictitious or altered prescription; or

(b) Fills a prescription which is not genuine,

Ê is guilty of a category E felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1973, 1200; A 1981, 1967; 1985, 153, 888; 1995, 1292)

NRS 454.316 Possession of dangerous drug without prescription unlawful; penalties; exceptions.

1. Except as otherwise provided in this section, a person who possesses a dangerous drug, except that furnished to the person by a pharmacist pursuant to a legal prescription, by a manufacturer or wholesaler pursuant to NRS 639.573 or by a practitioner, is guilty of a gross misdemeanor. A person who has been twice previously convicted of any offense:

(a) Described in this section; or

(b) Pursuant to any other law of the United States or this or any other state or district which if committed in this State would have been punishable as an offense under this section,

Ê is guilty of a category E felony and shall be punished as provided in NRS 193.130.

2. A prescription is not required for possession of a dangerous drug by a person authorized by NRS 454.213, any other person or class of persons approved by the Board pursuant to regulation, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this State to handle, possess and deal in dangerous drugs if the drugs are in stock containers properly labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses a dangerous drug in a reasonable amount for use solely in the treatment of livestock on his or her own premises.

(Added to NRS by 1973, 1200; A 1979, 953, 1679; 1987, 2216; 1991, 795, 1958; 1995, 1035, 1293, 1340; 2023, 315)

NRS 454.321 Unlawful dispensing or furnishing of dangerous drug; penalty. Any person who dispenses or furnishes or permits the dispensing or furnishing of any dangerous drug in violation of NRS 454.301 is guilty of a gross misdemeanor.

(Added to NRS by 1973, 1200; A 1985, 889)

NRS 454.323 Sale or distribution of product containing toluene to person less than 18 years of age.

1. Except as provided in subsection 3, any person who sells or gives aerosol paint, glue or cement containing toluene to a person who is less than 18 years of age is guilty of a gross misdemeanor.

2. The court shall suspend for a period of 1 year the state business license of a person who knowingly violates any provision of this section after having been previously convicted of a violation of this section unless the person can demonstrate that he or she attempted in good faith to comply with this section.

3. The provisions of this section do not apply to the sale of:

(a) Gasoline or other fuel for motor vehicles;

(b) Aerosol paint, glue or cement containing less than the minimum amount of toluene which is subject to the requirements for special labeling established pursuant to the Federal Hazardous Substances Act, 15 U.S.C. §§ 1261 et seq., as it exists on June 30, 1983; or

(c) Glue or cement which is included in a kit used for the construction of model airplanes, automobiles, boats or trains or which is used in connection with another hobby.

(Added to NRS by 1983, 242)

NRS 454.326 Misrepresentation by use of telephone to obtain dangerous drug; penalty. A person who, in order to obtain any dangerous drug, falsely represents himself or herself in a telephone conversation with a pharmacist to be a physician or other person who can lawfully prescribe such drugs or to be acting on behalf of a person who can lawfully prescribe drugs:

1. For the first offense, is guilty of a misdemeanor.

2. For any subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1973, 1201; A 1979, 1476; 1995, 1293)

NRS 454.341 Unlawful possession or sale of nasal inhaler; exception. It is unlawful for any person within this State to possess, sell, offer to sell or hold for the purpose of sale or resale any nasal inhaler which contains any drug capable of causing stimulation to the central nervous system unless:

1. The product contains a denaturant in sufficient quantity to render it unfit for internal use; and

2. The product is among such products listed as approved for sale without restriction by the Board in the regulations officially adopted by the Board.

(Added to NRS by 1973, 1201)

NRS 454.346 Use or possession with intent to use drug, chemical, poison or organic solvent to induce euphoria or hallucinations unlawful; exception.

1. Any person who inhales, ingests, applies or otherwise uses or possesses with the intent to inhale, ingest, apply or otherwise use any drug, chemical, poison or organic solvent, or any compound or combination of any drug, chemical, poison or organic solvent, in any manner contrary to the directions for use, cautions or warnings appearing on the label thereof, in order to create or induce a condition of intoxication, euphoria, hallucination or elation, or to change, distort or disturb his or her eyesight, thinking processes, balance or coordination or to affect his or her central nervous system is guilty of a misdemeanor.

2. The provisions of this section do not apply to a person who uses or intends to use any drug, chemical, poison or organic solvent for medicinal purposes under the supervision of a physician, when the drug, chemical, poison or organic solvent is used or intended for use in keeping with the directions for use as given by the physician.

(Added to NRS by 1973, 75; A 1983, 242)

NRS 454.351 Drugs which may not be introduced into interstate commerce; penalty; exemptions. [Effective through June 30, 2027.]

1. Any person within this State who possesses, procures, obtains, processes, produces, derives, manufactures, sells, offers for sale, gives away or otherwise furnishes any drug which may not be lawfully introduced into interstate commerce under the Federal Food, Drug and Cosmetic Act is guilty of a misdemeanor.

2. The provisions of this section do not apply:

(a) To physicians licensed to practice in this State who have been authorized by the United States Food and Drug Administration to possess experimental drugs for the purpose of conducting research to evaluate the effectiveness of such drugs and who maintain complete and accurate records of the use of such drugs and submit clinical reports as required by the United States Food and Drug Administration.

(b) To any substance which has been licensed by the State Board of Health for manufacture in this State but has not been approved as a drug by the United States Food and Drug Administration. The exemption granted in this paragraph does not grant authority to transport such a substance out of this State.

(c) To any person or governmental entity who possesses, procures, obtains, processes, produces, derives, manufactures, sells, offers for sale, gives away or otherwise furnishes an individualized investigational treatment or investigational drug or biological product when authorized pursuant to NRS 454.690.

(d) To any physician who prescribes or recommends an individualized investigational treatment or investigational drug or biological product pursuant to NRS 630.3735 or 633.6945.

3. As used in this section:

(a) “Biological product” has the meaning ascribed to it in NRS 454.690.

(b) “Individualized investigational treatment” has the meaning ascribed to it in NRS 454.690.

(1) Has successfully completed Phase 1 of a clinical trial;

(2) Has not been approved by the United States Food and Drug Administration; and

(3) Is currently being tested in a clinical trial that has been approved by the United States Food and Drug Administration.

(Added to NRS by 1973, 1201; A 1981, 749; 2015, 983; 2023, 2153)

NRS 454.351 Drugs which may not be introduced into interstate commerce; penalty; exemptions. [Effective July 1, 2027.]

2. The provisions of this section do not apply:

(c) To any person or governmental entity who possesses, procures, obtains, processes, produces, derives, manufactures, sells, offers for sale, gives away or otherwise furnishes an investigational drug or biological product when authorized pursuant to NRS 454.690.

(d) To any physician who prescribes or recommends an investigational drug or biological product pursuant to NRS 630.3735 or 633.6945.

3. As used in this section:

(a) “Biological product” has the meaning ascribed to it in NRS 454.690.

(b) “Investigational drug or biological product” means a drug or biological product that:

(1) Has successfully completed Phase 1 of a clinical trial;

(2) Has not been approved by the United States Food and Drug Administration; and

(3) Is currently being tested in a clinical trial that has been approved by the United States Food and Drug Administration.

(Added to NRS by 1973, 1201; A 1981, 749; 2015, 983; 2023, 2153, effective July 1, 2027)

NRS 454.356 Penalty for violation. Except as otherwise specifically provided, every person who violates any provision of NRS 454.181 to 454.371, inclusive, is guilty of a misdemeanor.

(Added to NRS by 1973, 1201; A 2017, 1253)

NRS 454.358 Fee for analysis of dangerous drug included in sentence; distribution of money collected; limitations on use of money.

1. When a defendant pleads guilty or guilty but mentally ill to, or is found guilty or guilty but mentally ill of, any violation of this chapter and an analysis of a dangerous drug was performed in relation to the defendant’s case, the justice or judge shall include in the sentence the sum of $50 as a fee for the analysis of the dangerous drug.

2. The money collected for such an analysis must not be deducted from the fine imposed by the justice or judge, but must be taxed against the defendant in addition to the fine. The money collected for such an analysis must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dropped, the money deposited with the court must be returned to the defendant.

3. The money collected pursuant to subsection 1 in municipal court must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.

4. The money collected pursuant to subsection 1 in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.

5. The board of county commissioners of each county shall by ordinance, before September 1, 1987, create in the county treasury a fund to be designated as the fund for forensic services. Upon receipt, the county treasurer shall deposit any fee for the analyses of dangerous drugs in the fund.

6. In counties which receive forensic services under a contract with the State, any money in the fund for forensic services must be paid monthly by the county treasurer to the State Treasurer for deposit in the State General Fund, after retaining 2 percent of the money to cover his or her administrative expenses.

7. In counties which do not receive forensic services under a contract with the State, money in the fund for forensic services must be expended, except as otherwise provided in this subsection:

(a) To pay for the analyses of dangerous drugs performed in connection with criminal investigations within the county;

(b) To purchase and maintain equipment to conduct these analyses; and

Ê Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the United States Department of Justice.

(Added to NRS by 1987, 1398; A 1995, 2469; 2003, 1488; 2007, 1448)

NRS 454.361 Conviction for violation of provision concerning dangerous drugs constitutes grounds for suspension or revocation of professional license. A conviction of the violation of any of the provisions of NRS 454.181 to 454.371, inclusive, constitutes grounds for the suspension or revocation of any license issued to such person pursuant to the provisions of chapters 630, 631, 633, 635, 636, 638, 639 or 653 of NRS.

(Added to NRS by 1973, 1201; A 1995, 1035; 2017, 1253; 2019, 2707)

NRS 454.366 Administration and enforcement by Board. The Board shall administer and enforce NRS 454.181 to 454.371, inclusive.

(Added to NRS by 1973, 1201; A 2017, 1253)

NRS 454.371 Limitations on furnishing dangerous drug; adoption of regulations by Board; penalties.

1. If the Board finds any drug to be dangerous to the public health or safety, it may adopt a regulation not inconsistent with NRS 454.181 to 454.371, inclusive, limiting or restricting the furnishing or dispensing of the drug.

2. A violation of such a regulation must be punished in the same manner as provided in NRS 454.306 to 454.356, inclusive.

(Added to NRS by 1973, 1201; A 1977, 74; 1987, 807)

Hypodermic Devices

NRS 454.480 Requirements for sale with or without prescription.

1. Hypodermic devices which are not restricted by federal law to sale by or on the order of a physician may be sold by a pharmacist, or by a person in a pharmacy under the direction of a pharmacist, on the prescription of a physician, dentist or veterinarian, or of an advanced practice registered nurse who is a practitioner. Those prescriptions must be filed as required by NRS 639.236, and may be refilled as authorized by the prescriber. Records of refilling must be maintained as required by NRS 639.2393 to 639.2397, inclusive.

2. Hypodermic devices which are not restricted by federal law to sale by or on the order of a physician may be sold or furnished without a prescription.

(Added to NRS by 1967, 1639; A 1971, 2028; 1973, 1202; 1983, 454, 1221; 1985, 1702; 1991, 796; 1993, 1223; 1995, 302; 2013, 2091, 3176)

NRS 454.500 Regulation of sale of hypodermic devices other than hypodermic needles or syringes. The Board shall establish, by regulation, the type of devices other than hypodermic needles and syringes that must be sold in compliance with the provisions of NRS 454.480 to 454.530, inclusive.

(Added to NRS by 1967, 1640; A 1977, 74; 1993, 1224)

NRS 454.510 Unlawful possession of hypodermic device. It is unlawful for any person to have in his or her possession or under his or her control any hypodermic device unless the person has acquired possession of such device in accordance with the provisions of NRS 454.480 to 454.530, inclusive.

(Added to NRS by 1967, 1640; A 1993, 1224)

NRS 454.530 Obtaining possession of hypodermic device by forged or fictitious name or fraudulent misrepresentation; penalty. Any person who obtains possession of any hypodermic device by a fraudulent representation, a forged or fictitious name, or in violation of the provisions of NRS 454.480 to 454.530, inclusive, is guilty of a gross misdemeanor.

(Added to NRS by 1967, 1640; A 1981, 1967; 1993, 1224)

Enforcement

NRS 454.534 Burden of proving exception or exemption. In any complaint, information or indictment and in any action or proceeding brought for the enforcement of any provision of NRS 454.181 to 454.530, inclusive, it is not necessary to negate any exception, excuse, proviso or exemption contained in NRS 454.181 to 454.530, inclusive, and the burden of proof of any such exception, excuse, proviso or exemption is upon the defendant.

(Added to NRS by 1969, 283; A 1971, 2029; 1973, 1202; 1983, 243)

NRS 454.535 Amount of drug needed to sustain conviction for prohibited offense. The amount of a drug needed to sustain a conviction of a person for an offense prohibited by NRS 454.181 to 454.371, inclusive, is that amount necessary for identification as such drug by a witness qualified to make such identification for the prosecution and a witness qualified to make such identification for the defense.

(Added to NRS by 1971, 359; A 1973, 1202)

MISCELLANEOUS PROVISIONS

NRS 454.680 Applicability to certain products. This chapter does not apply to:

1. Except as otherwise provided in NRS 454.323, products subject to the provisions of the Federal Hazardous Substances Act, 15 U.S.C. §§ 1261 et seq.; and

2. Products registered under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.,

Ê as the acts exist, respectively, on June 30, 1983.

(Added to NRS by 1967, 1631; A 1983, 243)

1. The manufacturer of an investigational drug, biological product or device may provide or make available the investigational drug, biological product or device to a patient in this State who has been diagnosed with a life-threatening or severely debilitating disease or condition if a physician has prescribed or recommended the investigational drug, biological product or device to the patient as authorized pursuant to NRS 630.3735 or 633.6945.

2. The manufacturer of an individualized investigational treatment may provide or make available the individualized investigational treatment to a patient in this State who has been diagnosed with a life-threatening or severely debilitating disease or condition if:

(a) The manufacturer operates within a health care institution that:

(1) Operates under a Federalwide Assurance for the protection of human subjects pursuant to 45 C.F.R. Part 46; and

(2) Is subject to all Federalwide Assurance regulations, policies and guidelines, including, without limitation, renewals and updates; and

(b) A physician has prescribed or recommended the individualized investigational treatment to the patient as authorized pursuant to NRS 630.3735 or 633.6945.

3. A manufacturer who provides or makes available an individualized investigational treatment or investigational drug, biological product or device, as applicable, to a patient pursuant to subsection 1 may:

(a) Provide the investigational drug, biological product or device to the patient without charge; or

(b) Charge the patient only for the costs associated with the manufacture of the individualized investigational treatment or investigational drug, biological product or device, as applicable.

4. A manufacturer that provides or makes available an individualized investigational treatment or investigational drug, biological product or device to a patient pursuant to subsection 1 or 2 shall:

(a) Establish a hotline that operates 24 hours a day, 7 days a week, including holidays, for patients who develop adverse effects or symptoms.

(b) On or before January 1, April 1, July 1 and October 1 of each year, or, if that date falls on a Saturday, Sunday or legal holiday, the next business day thereafter, submit to the Board of Medical Examiners and the State Board of Osteopathic Medicine a report summarizing information concerning the individualized investigational treatments or the investigational drugs, biological products or devices provided or made available to patients of physicians licensed by the board to which the report is submitted during the immediately preceding calendar quarter. The report must include, without limitation:

(1) The number of patients who received the individualized investigational treatment or the investigational drug, biological product or device;

(2) Where applicable, the average number of doses received by patients;

(3) The name of the individualized investigational treatment or the investigational drug, biological product or device and, where applicable, the investigational new drug number assigned by the United States Food and Drug Administration;

(4) The disease or condition that the individualized investigational treatment or the investigational drug, biological product or device is intended to treat;

(5) The uses for which the individualized investigational treatment or the investigational drug, biological product or device was provided or made available; and

(6) Any known adverse effects or symptoms associated with the administration of the individualized investigational treatment or the investigational drug, biological product or device.

5. An officer, employee or agent of this State shall not prevent or attempt to prevent a patient from accessing an individualized investigational treatment or investigational drug, biological product or device that is authorized to be provided or made available to a patient pursuant to this section. Counseling, advice or a recommendation from a physician consistent with medical standards of care is not a violation of this subsection.

6. This section does not create a private cause of action against the manufacturer of an individualized investigational treatment or investigational drug, biological product or device, or against any other person or entity involved in the care of a patient who uses an individualized investigational treatment or investigational drug, biological product or device for any harm done to the patient resulting from the individualized investigational treatment or investigational drug, biological product or device, if the manufacturer or other person or entity is complying in good faith with the provisions of this section and has exercised reasonable care.

7. Notwithstanding any provision of law to the contrary, if a patient dies while being treated with an individualized investigational treatment or investigational drug, biological product or device, the heir or heirs of the deceased patient must not be held personally liable for any outstanding debt related to such treatment.

8. A violation of any provision of this section, except for subsection 4, is a misdemeanor.

9. If a manufacturer fails to comply with the provisions of subsection 4 and such failure is not caused by excusable neglect, technical problems or other extenuating circumstances, the manufacturer is liable for a civil penalty to be recovered by the Attorney General in an amount of $5,000 for each day of such failure. The Attorney General shall deposit any civil penalties collected pursuant to this subsection with the State Treasurer for credit to the State General Fund.

10. As used in this section:

(a) “Biological product” has the meaning ascribed to it in 42 U.S.C. § 262.

(b) “Individualized investigational treatment” means a drug, biological product or device that is unique to and produced exclusively for use by an individual patient based on the genetic profile of the patient, including, without limitation, by an analysis of the genomic sequence of the patient, human chromosomes, deoxyribonucleic acid, ribonucleic acid, genes, gene products such as enzymes and other types of proteins or metabolites. The term includes, without limitation, individualized gene therapy, antisense oligonucleotides and individualized neoantigen vaccines.

(1) Has successfully completed Phase 1 of a clinical trial;

(2) Has not been approved by the United States Food and Drug Administration; and

(3) Is currently being tested in a clinical trial that has been approved by the United States Food and Drug Administration.

(d) “Life-threatening disease or condition” has the meaning ascribed to it in 21 C.F.R. § 312.81, as interpreted by any guidance of the United States Food and Drug Administration.

(e) “Severely debilitating disease or condition” has the meaning ascribed to it in 21 C.F.R. § 312.81, as interpreted by any guidance of the United States Food and Drug Administration.

(Added to NRS by 2015, 982; A 2023, 2153)

1. The manufacturer of an investigational drug, biological product or device may provide or make available the investigational drug, biological product or device to a patient in this State who has been diagnosed with a terminal condition if a physician has prescribed or recommended the investigational drug, biological product or device to the patient as authorized pursuant to NRS 630.3735 or 633.6945.

2. A manufacturer who provides or makes available an investigational drug, biological product or device to a patient pursuant to subsection 1 may:

(a) Provide the investigational drug, biological product or device to the patient without charge; or

(b) Charge the patient only for the costs associated with the manufacture of the investigational drug, biological product or device.

3. An officer, employee or agent of this State shall not prevent or attempt to prevent a patient from accessing an investigational drug, biological product or device that is authorized to be provided or made available to a patient pursuant to this section.

4. A violation of any provision of this section is a misdemeanor.

5. As used in this section:

(a) “Biological product” has the meaning ascribed to it in 42 U.S.C. § 262.

(b) “Investigational drug, biological product or device” means a drug, biological product or device that:

(1) Has successfully completed Phase 1 of a clinical trial;

(2) Has not been approved by the United States Food and Drug Administration; and

(3) Is currently being tested in a clinical trial that has been approved by the United States Food and Drug Administration.

(c) “Terminal condition” means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, result in death within 1 year.

(Added to NRS by 2015, 982; A 2023, 2153, effective July 1, 2027)

NRS 454.695 Prescriptions by advanced practice registered nurses. An advanced practice registered nurse may prescribe poisons, dangerous drugs and devices for legitimate medical purposes in accordance with the certificate he or she holds from the Board and the license issued by the State Board of Nursing.

(Added to NRS by 1983, 1220; A 1991, 797; 2013, 2092)

NRS 454.710 Injunctions. The Board may bring an action to enjoin any act which would be in violation of the provisions of this chapter. Such action must be commenced in the district court for the county in which the act is to occur and must be in conformity with Rule 65 of the Nevada Rules of Civil Procedure, except that the Board is not required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. The action must be brought in the name of the State of Nevada.

(Added to NRS by 1979, 1681)