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2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2391 - Required documentation for prescription of certain controlled substances for treatment of pain; prohibition on issuing initial prescription for certain controlled substances in certain quantities and amounts.

1. If a practitioner, other than a veterinarian, prescribes or dispenses to a patient for the treatment of pain a quantity of controlled substance that exceeds the amount prescribed by this subsection, the practitioner must document in the medical record of the patient the reasons for prescribing that quantity. A practitioner shall document the information required by this subsection if the practitioner prescribes for or dispenses for the treatment of pain:
(a) In any period of 365 consecutive days, a larger quantity of a controlled substance listed in schedule II, III or IV than will be used in 365 days if the patient adheres to the dose prescribed; or
(b) At any one time, a larger quantity of a controlled substance listed in schedule II, III or IV than will be used in 90 days if the patient adheres to the dose prescribed.
2. Unless the practitioner determines that the prescription is medically necessary, a practitioner, other than a veterinarian, shall not issue an initial prescription of a controlled substance listed in schedule II, III or IV for the treatment of acute pain that prescribes:
(a) An amount of the controlled substance that is intended to be used for more than 14 days; and
(b) If the controlled substance is an opioid and a prescription for an opioid has never been issued to the patient or the most recent prescription issued to the patient for an opioid was issued more than 19 days before the date of the initial prescription for the treatment of acute pain, a dose of the controlled substance that exceeds 90 morphine milligram equivalents per day. For the purposes of this paragraph, the daily dose of a controlled substance must be calculated in accordance with the most recent guidelines prescribed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.
3. As used in this section, "acute pain" means pain that has an abrupt onset and is caused by injury or another cause that is not ongoing. The term does not include chronic pain or pain that is being treated as part of care for cancer, palliative care, hospice care or other end-of-life care.
(Added to NRS by 2017, 4430; A 2019, 2137)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.23911 - Initial prescription for certain controlled substances for treatment of pain: Requirements for issuance; condition on issuing additional prescriptions.

1. Before issuing an initial prescription for a controlled substance listed in schedule II, III or IV for the treatment of pain, a practitioner, other than a veterinarian, must:
(a) Have established a bona fide relationship, as described in subsection 4 of NRS 639.235, with the patient;
(b) Perform an evaluation and risk assessment of the patient that meets the requirements of subsection 1 of NRS 639.23912;
(c) Establish a preliminary diagnosis of the patient and a treatment plan tailored toward treating the pain of the patient and the cause of that pain;
(d) Document in the medical record of the patient the reasons for prescribing the controlled substance instead of an alternative treatment that does not require the use of a controlled substance; and
(e) Obtain informed consent to the use of the controlled substance that meets the requirements of subsection 2 of NRS 639.23912 from:
(1) The patient, if the patient is 18 years of age or older or legally emancipated and has the capacity to give such consent;
(2) The parent or guardian of a patient who is less than 18 years of age and not legally emancipated; or
(3) The legal guardian of a patient of any age who has been adjudicated mentally incapacitated.
2. If a practitioner, other than a veterinarian, prescribes a controlled substance listed in schedule II, III or IV for the treatment of pain, the practitioner shall not issue more than one additional prescription that increases the dose of the controlled substance unless the practitioner meets with the patient, in person or using telehealth, to reevaluate the treatment plan established pursuant to paragraph (c) of subsection 1.
(Added to NRS by 2017, 4431; A 2019, 2138)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.23913 - Requirements for prescribing certain controlled substances to patients who have used controlled substance for 90 consecutive days; revised treatment plan required for such prescription.

1. Before prescribing a controlled substance listed in schedule II, III or IV to continue the treatment of pain of a patient who has used the controlled substance for 90 consecutive days or more, a practitioner, other than a veterinarian, must:
(a) Require the patient to complete an assessment of the patient’s risk for abuse, dependency and addiction that has been validated through peer-reviewed scientific research;
(b) Conduct an investigation, including, without limitation, appropriate hematological and radiological studies, to determine an evidence-based diagnosis for the cause of the pain;
(c) Meet with the patient, in person or using telehealth, to review the treatment plan established pursuant to paragraph (c) of subsection 1 of NRS 639.23911 to determine whether continuation of treatment using the controlled substance is medically appropriate; and
(d) If the patient has been prescribed a dose of 90 morphine milligram equivalents or more of an opioid per day for 90 days or longer, consider referring the patient to a specialist.
2. If, after conducting a review of the treatment plan and considering referral of the patient to a specialist pursuant to paragraphs (c) and (d) of subsection 1, the practitioner decides to continue to prescribe a dose of 90 morphine milligram equivalents or more of the opioid per day, the practitioner must develop and document in the medical record of the patient a revised treatment plan, which must include, without limitation, an assessment of the increased risk for adverse outcomes.
3. For the purposes of this section, the daily dose of a controlled substance must be calculated in accordance with the most recent guidelines prescribed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.
(Added to NRS by 2017, 4432)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.23914 - Prescription medication agreement required for prescriptions for certain controlled substances issued for more than 30 days; contents.

1. If a practitioner, other than a veterinarian, intends to prescribe a controlled substance listed in schedule II, III or IV for more than 30 days for the treatment of pain, the practitioner must, not later than 30 days after issuing the initial prescription, enter into a prescription medication agreement with the patient, which must be:
(a) Documented in the record of the patient; and
(b) Updated at least once every 365 days while the patient is using the controlled substance or whenever a change is made to the treatment plan established pursuant to paragraph (c) of subsection 1 of NRS 639.23911.
2. A prescription medication agreement entered into pursuant to subsection 1 must include, without limitation:
(a) The goals of the treatment of the patient;
(b) Consent of the patient to testing to monitor drug use when deemed medically necessary by the practitioner;
(c) A requirement that the patient take the controlled substance only as prescribed;
(d) A prohibition on sharing medication with any other person;
(e) A requirement that the patient inform the practitioner:
(1) Of any other controlled substances prescribed to or taken by the patient;
(2) Whether the patient drinks alcohol or uses cannabis or any other cannabinoid compound while using the controlled substance;
(3) Whether the patient has been treated for side effects or complications relating to the use of the controlled substance, including, without limitation, whether the patient has experienced an overdose; and
(4) Each state in which the patient has previously resided or had a prescription for a controlled substance filled;
(f) Authorization for the practitioner to conduct random counts of the amount of the controlled substance in the possession of the patient;
(g) The reasons the practitioner may change or discontinue treatment of the patient using the controlled substance; and
(h) Any other requirements that the practitioner may impose.
(Added to NRS by 2017, 4433)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.239145 - Prescriptions for certain controlled substances for treatment of pain of patients diagnosed with cancer or sickle cell disease or receiving hospice care or palliative care.

1. Except as otherwise provided in this section, the provisions of NRS 639.2391 to 639.23914, inclusive, do not apply to any prescription for a controlled substance listed in schedule II, III or IV for the treatment of the pain of a patient who:
(a) Has been diagnosed with cancer or sickle cell disease or any of its variants; or
(b) Is receiving hospice care or palliative care.
2. Before issuing an initial prescription for a controlled substance listed in schedule II, III or IV for the treatment of the pain of a patient described in subsection 1, a practitioner must:
(a) Have established a bona fide relationship, as described in subsection 4 of NRS 639.235, with the patient; and
(b) Obtain informed consent to the use of the controlled substance that meets the requirements of subsection 2 of NRS 639.23912 or any applicable guidelines or standards for informed consent prescribed by:
(1) If the patient is receiving hospice or palliative care, the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services;
(2) If the patient has been diagnosed with cancer, the American Society of Clinical Oncology or its successor organization or, if that organization ceases to exist, a similar organization designated by regulation of the Board; or
(3) If the patient has been diagnosed with sickle cell disease or any of its variants, the National Heart, Lung and Blood Institute or its successor organization or, if that organization ceases to exist, a similar organization designated by regulation of the Board.
(Added to NRS by 2019, 2136)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.23916 - Regulations; explanation or technical advisory bulletin for certain professional licensing boards regarding relevant law; effect of violation of certain provisions.

1. The Board may adopt any regulations necessary or convenient to enforce the provisions of NRS 639.23507 and 639.2391 to 639.23916, inclusive. Such regulations may impose additional requirements concerning the prescription of a controlled substance listed in schedule II, III or IV by a practitioner, other than a veterinarian, for the treatment of pain.
2. The Board shall develop and disseminate to each professional licensing board that licenses a practitioner, other than a veterinarian, or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those professional licensing boards of the requirements of NRS 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto. The Board shall update the explanation or bulletin as necessary to include any revisions to those provisions of law or regulations. The explanation or bulletin must include, without limitation, an explanation of the requirements that apply to specific controlled substances or categories of controlled substances.
3. A practitioner who violates any provision of NRS 639.23507 and 639.2391 to 639.23916, inclusive, or any regulations adopted pursuant thereto is:
(a) Not guilty of a misdemeanor; and
(b) Subject to professional discipline.
(Added to NRS by 2017, 4434; A 2019, 2139)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2392 - Controlled substance or dangerous drug: Records.

1. A record of each refill of any prescription for a controlled substance or dangerous drug or any authorization to refill such a prescription must be kept:
(a) On the back of the original prescription;
(b) In a bound book or separate file; or
(c) In an electronic record that is readily retrievable.
2. The record must include:
(a) The date of each refill or authorization;
(b) The number of dosage units; and
(c) The signature or initials of the pharmacist who refilled the prescription or obtained the authorization to refill.
(Added to NRS by 1995, 288; A 2013, 2022)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2393 - Controlled substance or dangerous drug: Limitations.

1. Any prescription for a controlled substance, regardless of the authorization to refill given by the prescribing practitioner, must not be refilled more than five times or after 6 months have elapsed from the date it was originally issued and may be refilled only in keeping with the number of doses ordered and the directions for use.
2. Any prescription for a dangerous drug, regardless of the authorization to refill given by the prescribing practitioner, must not be refilled after 1 year has elapsed from the date it was originally issued and may be refilled only in keeping with the number of doses ordered and the directions for use.
3. If no authorization to refill is given by the prescribing practitioner, or if the prescription is refillable and has been refilled for the number of times or for the period set forth in subsection 1 or 2, the original prescription is invalid and a new prescription must be obtained and placed in the prescription file.
(Added to NRS by 1995, 289)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2394 - Controlled substance or dangerous drug: Exercise of judgment by pharmacist.

In the absence of specific authorization to refill, when the refilling of a prescription calling for a controlled substance or dangerous drug needed for the continuation of a treatment of a chronic or continuing illness is considered necessary and the pharmacist is unable to communicate with the prescribing practitioner, the pharmacist may, if in his or her professional judgment the pharmacist feels that the controlled substance or dangerous drug should be provided for the patient, furnish a sufficient supply of the medication to provide for the continuation of treatment until such time as he or she can communicate with the prescribing practitioner personally.
(Added to NRS by 1995, 289)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2395 - Early refills for topical ophthalmic products authorized under certain circumstances.

1. Except as otherwise provided in subsection 2, a pharmacist, upon the request of a patient having difficulty with inadvertent wastage of a topical ophthalmic product, and pursuant to a valid prescription which bears specific authorization to refill, shall dispense a refill of the product:
(a) After 21 days or more but before 30 days after the patient has received any 30-day supply of the product;
(b) After 42 days or more but before 60 days after the patient has received any 60-day supply of the product; or
(c) After 63 days or more but before 90 days after the patient has received any 90-day supply of the product.
2. The provisions of subsection 1 do not:
(a) Apply to any controlled substance; or
(b) Authorize any refills in excess of the number of refills indicated on the prescription by the prescribing practitioner.
3. As used in this section:
(a) "Inadvertent wastage" means loss of a topical ophthalmic product due to difficulty applying the product to the eye as directed.
(b) "Topical ophthalmic product" means a liquid prescription drug which is applied directly to the eye from a bottle or by means of a dropper.
(Added to NRS by 2015, 212)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2396 - Specific authorization; limitations.

1. Except as otherwise provided by subsection 2 and NRS 639.23965, a prescription which bears specific authorization to refill, given by the prescribing practitioner at the time he or she issued the original prescription, or a prescription which bears authorization permitting the pharmacist to refill the prescription as needed by the patient, may be refilled for the number of times authorized or for the period authorized if it was refilled in accordance with the number of doses ordered and the directions for use.
2. Except as otherwise provided in NRS 639.28075, a pharmacist may, in his or her professional judgment and pursuant to a valid prescription that specifies an initial amount of less than a 90-day supply of a drug other than a controlled substance followed by periodic refills of the initial amount of the drug, dispense not more than a 90-day supply of the drug if:
(a) The patient has used an initial 30-day supply of the drug or the drug has previously been prescribed to the patient in a 90-day supply;
(b) The total number of dosage units that are dispensed pursuant to the prescription does not exceed the total number of dosage units, including refills, that are authorized on the prescription by the prescribing practitioner; and
(c) The prescribing practitioner has not specified on the prescription that dispensing the prescription in an initial amount of less than a 90-day supply followed by periodic refills of the initial amount of the drug is medically necessary.
3. Nothing in this section shall be construed to alter the coverage provided under any contract or policy of health insurance, health plan or program or other agreement arrangement that provides health coverage.
(Added to NRS by 1995, 289; A 2013, 2023; 2017, 1804, 3931; 2021, 833)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.23965 - Dispensing of certain prescription drugs to patients who reside in area for which declared disaster or state of emergency is in effect: Conditions; requirements.

1. A pharmacist may, pursuant to a valid prescription that specifies an initial amount of less than a 30-day supply of a drug that is not a controlled substance listed in schedule II or periodic refills of an amount less than a 30-day supply of such a drug, dispense an amount of the drug that exceeds the amount authorized by the prescribing practitioner but does not exceed a 30-day supply of the drug if:
(a) The Governor or the Legislature has proclaimed the existence of a state of emergency or issues a declaration of disaster pursuant to NRS 414.070;
(b) The patient resides in the area to which the state of emergency or declaration of disaster applies; and
(c) In the professional judgment of the pharmacist:
(1) The drug is necessary for the maintenance of life or the continuation of therapy for a chronic condition; and
(2) Interruption of therapy using the drug may be detrimental to the health of the patient or produce physical or mental discomfort.
2. A pharmacist who dispenses a drug pursuant to subsection 1 shall:
(a) Issue and sign a written order for the dispensing of the drug that contains the information described in subsection 2 of NRS 639.2353. The order must be maintained in the same manner as a prescription and shall be deemed to be equivalent to a prescription.
(b) Notify the prescribing practitioner not later than 48 hours after issuing the prescription.
(Added to NRS by 2021, 832)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2397 - Rescission of authorization.

Any authorization to refill a prescription issued pursuant to the provisions of NRS 639.2393 to 639.2397, inclusive, may be rescinded at any time after that authorization is given, by the original practitioner or by another practitioner acting in his or her behalf or by another practitioner who is caring for the patient for whom the original prescription was issued, by notifying the pharmacy in which the prescription was filled orally or in writing.
(Added to NRS by 1995, 289; A 2015, 213)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.241 - Accusation: Form, contents and signature.

1. A hearing to determine whether the rights and privileges granted by any certificate, certification, license or permit issued by the Board should be revoked, suspended, limited or conditioned must be initiated by the filing of an accusation by the Board. The action must be entitled: The Nevada State Board of Pharmacy v. (insert the name of the party whose certificate, license or permit is involved), who must be designated "Respondent."
2. The accusation is a written statement of the charges alleged and must set forth in ordinary and concise language the acts or omissions with which the respondent is charged to the end that the respondent will be able to prepare a defense. The accusation must specify the statutes and regulations which the respondent is alleged to have violated, but must not consist merely of charges phrased in language of the statute or regulation. The accusation must be signed by the Executive Secretary of the Board acting in his or her official capacity.
(Added to NRS by 1967, 1658; A 1979, 1694; 2003, 2291)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.242 - Service on respondent of copies of accusation, statement and forms for Notice of Defense.

1. After filing the accusation, the Executive Secretary of the Board shall cause a copy thereof, together with one copy of the Statement to Respondent and three copies of the form of the Notice of Defense, to be served on the respondent.
2. Service may be by personal service or by first-class registered or certified mail addressed to the respondent at his or her last address of record, or by mail to his or her attorney of record. Proof of service must be retained and made a part of the case record.
(Added to NRS by 1967, 1658; A 2003, 2291)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.243 - Statement to Respondent: Contents.

The statement, entitled Statement to the Respondent, shall be worded so as to inform the respondent:
1. That an accusation has been filed.
2. Of the right to a hearing before the Board to answer to the alleged violations and to submit evidence in his or her own behalf if requested by the filing of two copies of the Notice of Defense within 20 days after receipt of the accusation.
(Added to NRS by 1967, 1658; A 2021, 1021)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.244 - Notice of Defense: Form; effect of failure to file.

1. The form for the Notice of Defense must be prepared and furnished by the Board and permit the respondent, by completing and signing the notice, to:
(a) Object to the accusation as being incomplete and failing to set forth clearly the charges; and
(b) Deny or admit, in part or in whole, the violations alleged.
2. The Notice of Defense must be signed by the respondent or his or her attorney under penalty of perjury. Failure to file a Notice of Defense constitutes a waiver of the respondent’s right to a hearing, but the Board may grant a hearing.
(Added to NRS by 1967, 1658; A 2003, 2292)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2445 - Physical or mental examination of holder of certificate believed to be incompetent; competency hearing; probation for use of alcohol or drugs.

1. Whenever the Board believes that a holder of a certificate is or has become incompetent to practice pharmacy by reason of any physical or mental injury, illness or disability or by reason of chronic or excessive use of alcohol or drugs, the Board may order that the holder of the certificate submit to a physical or psychiatric examination, or both, at the expense of the Board.
2. The Board shall designate a physician or a psychiatrist or both, as the case may be, to conduct the examination or examinations of the holder of the certificate and furnish the Board and the holder of the certificate with a report of the findings. If the holder of the certificate is dissatisfied with the findings, the holder of the certificate may obtain an independent examination and report at his or her own expense, not later than 10 days following receipt of the initial report.
3. Upon receipt of the findings the Board shall conduct a hearing to determine whether the holder of the certificate is competent to practice pharmacy. Except as provided in subsection 4, if the Board finds that the holder of the certificate is not competent to practice pharmacy, it shall order an immediate suspension of his or her right to practice pharmacy, and the suspension remains in effect until the Board determines that a certificate may be reinstated.
4. The Board may place on probation a holder of a certificate who is not competent to practice pharmacy by reason of chronic or excessive use of alcohol or drugs if the holder of the certificate voluntarily enters and completes a program of treatment approved by the Board and complies with any other conditions imposed by the Board.
(Added to NRS by 1975, 1306; A 1987, 949)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.245 - Notice of hearing.

Whenever a hearing has been granted by the Board, the Executive Secretary of the Board shall serve notice on the respondent of the time and place set for the hearing on the accusation. If the Board receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held within 30 days after receiving the report. Service may be effected in the same manner as provided in NRS 639.242.
(Added to NRS by 1967, 1659; A 1993, 794; 2003, 2292)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.246 - Subpoenas; payment of witness fees and expenses.

1. The Executive Secretary of the Board shall issue subpoenas for the production of witnesses, documents or papers, in accordance with statutory provisions, at the request of any party to a hearing or for purposes of an investigation or other matter under inquiry by the Board.
2. Witnesses appearing pursuant to a subpoena must receive expenses and witness fees in the amounts and under the same circumstances as prescribed by law for witnesses in civil actions. The expenses and fees must be paid in full by the party at whose request the witness is subpoenaed.
3. Subpoenas must be served in the same manner as prescribed by law for the service of subpoenas in civil actions. If any person fails to comply with a subpoena within 10 days after its issuance, the President of the Board, or the Executive Secretary of the Board at the direction of the President, may petition the district court for an order of the court compelling compliance with the subpoena.
4. Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there to show cause why the person has not complied with the subpoena. A certified copy of the order must be served upon the person.
5. If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena. Failure to obey the order constitutes contempt of court.
(Added to NRS by 1967, 1659; A 1993, 634; 2003, 2292)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.247 - Hearing: Procedure.

1. Any hearing held for the purpose of suspending or revoking any certificate, certification, license or permit must be conducted publicly by the Board. The hearing must be presided over by a member of the Board or his or her designee and three members constitute a quorum. Any decision by the Board requires the concurrence of at least three members. The proceedings of the hearing must be reported or recorded by an electronic recording device, an official court reporter or another qualified person.
2. The member of the Board or his or her designee presiding at the hearing or the Executive Secretary of the Board may administer oaths or affirmations. Continuances and adjournments may be ordered, or may be granted, by the member or the designee presiding, for cause shown and by orally notifying those persons present of the time and place at which the hearing will be continued.
(Added to NRS by 1967, 1659; A 1973, 782; 1977, 1282; 1981, 101; 1987, 950; 2003, 2292)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2485 - Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records; disclosure of certain information relating to dangerous drugs and controlled substances; duties of Board upon request or subpoena for records or information; retention of complaints.

1. Except as otherwise provided in this section and NRS 239.0115, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential.
2. The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.
3. The Board may disclose to a practitioner and a law enforcement agency information concerning a person who procures or attempts to procure any dangerous drug or controlled substance in violation of NRS 453.391 or 454.311.
4. If the Board receives a request or subpoena for records or information obtained during an investigation by the Board and the records or information is not made public pursuant to subsection 2, the Board shall notify the person regarding whom the investigation was made of the request or subpoena. If that person does not consent in writing to the release of the records or information, the Board may release the records or information only upon the order of a court of competent jurisdiction.
5. The Board shall retain all complaints or other documents filed by the Board to initiate disciplinary action for at least 10 years, including, without limitation, any complaints not acted upon.
(Added to NRS by 1989, 1568; A 1991, 1952; 1995, 294; 2003, 3454; 2007, 2141; 2009, 895)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.249 - Contempt.

If any person in proceedings before the Board disobeys or resists any lawful order or refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during a hearing or so near the place thereof as to obstruct the proceeding, the Board shall certify the facts to the district court of the county where the proceeding is being conducted. The court shall thereupon issue an order directing the person to appear before the court and show cause why he or she should not be punished as for contempt. The order and a copy of the certified statement shall be served on the person. Thereafter the court shall have jurisdiction of the matter. The same proceedings shall be had, the same penalties may be imposed and the person charged may purge himself or herself of the contempt in the same way, as in the case of a person who has committed a contempt in the trial of a civil action.
(Added to NRS by 1967, 1660)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.251 - Decision; order.

Upon conclusion of the hearing or as soon as practicable thereafter and, in any event, within 30 days, the Board shall make, enter and file its decision and shall make, enter and file its order based thereon. A copy of the order shall promptly be served on the respondent and the respondent’s attorney of record, either personally or by registered or certified mail. The order shall not become effective until at least 30 days after receipt by the respondent unless otherwise ordered by the Board.
(Added to NRS by 1967, 1660)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.252 - Rehearing.

1. If the respondent wishes to contest or appeal the decision of the Board, the order or any part thereof, the respondent may, not later than 15 days after the time the order becomes effective, apply in writing to the Board for a rehearing. The application must set forth with particularity the part or parts of the decision or order to which the respondent objects and the basis of the objection.
2. The Executive Secretary of the Board shall, within 10 days after receipt of a written application for rehearing, notify the respondent and the respondent’s attorney of record in writing, by registered or certified mail, of his or her action, either granting or denying the application. If the application is granted, the notice must contain the date, time and place of the rehearing. The rehearing must be held at the next regularly scheduled meeting of the Board. Granting of the application by the Executive Secretary does not serve as an automatic stay of execution of the order pending conclusion of the rehearing.
(Added to NRS by 1967, 1660; A 2003, 2293; 2017, 2850)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.253 - Order following rehearing.

1. On conclusion of the rehearing the Board may reaffirm the order previously adopted, or if new evidence is presented which controverts, in whole or in part, the allegations on which the accusation was based and if the Board considers that such action would be in the public interest, the Board may reset or reduce the penalty ordered at the conclusion of the original hearing.
2. The Board shall make, enter and file its order at the conclusion of the rehearing, or as soon thereafter as practicable, and cause a copy thereof to be served on the respondent and the respondent’s attorney of record within 30 days. The order shall not become effective until 30 days after receipt thereof by the respondent unless otherwise ordered by the Board.
(Added to NRS by 1967, 1660)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2535 - Judicial review.

1. Every order of the Board which limits the practice of pharmacy or any privileges extended by any certificate, permit, registration or license is effective until the date the order is modified or reversed by a final judgment of the reviewing court.
2. The district court shall give a petition for judicial review of the Board’s order priority over other civil matters which are not expressly given priority by law.
(Added to NRS by 1985, 875; A 1989, 1658)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.255 - Authorized disciplinary action; judicial review of such action; fines; private reprimands prohibited; orders imposing discipline deemed public records.

1. The holder of any certificate, license or permit issued by the Board, whose default has been entered or who has been heard by the Board and found guilty of the violations alleged in the accusation, may be disciplined by the Board by one or more of the following methods:
(a) Suspending judgment;
(b) Placing the certificate, license or permit holder on probation;
(c) Suspending the right of a certificate holder to practice, or the right to use any license or permit, for a period to be determined by the Board;
(d) Revoking the certificate, license or permit;
(e) Public reprimand; or
(f) Imposition of a fine for each count of the accusation, in accordance with the schedule of fines established pursuant to subsection 3.
2. Such action by the Board is final, except that the propriety of such action is subject to review upon questions of law by a court of competent jurisdiction.
3. The Board shall, by regulation, establish a schedule of fines that may be imposed pursuant to paragraph (f) of subsection 1. Each fine must be commensurate with the severity of the applicable violation, but must not exceed $10,000 for each violation.
4. The Board shall not issue a private reprimand.
5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
(Added to NRS by 1967, 1661; A 1973, 782; 1979, 1694; 1993, 888; 2001, 836, 1634; 2003, 3455)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2555 - Suspension of certificate or license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate or license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of registration as a pharmacist, intern pharmacist, pharmaceutical technician or pharmaceutical technician in training or a license issued pursuant to NRS 639.233, the Board shall deem the certificate of registration or license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the certificate of registration or license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate of registration or license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a certificate of registration as a pharmacist, intern pharmacist, pharmaceutical technician or pharmaceutical technician in training or a license issued pursuant to NRS 639.233 that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate of registration or license was suspended stating that the person whose certificate of registration or license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2148; A 2003, 2293; 2005, 2807)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.256 - Automatic restoration of certificate, license or permit suspended for a specified period.

A certificate, license or permit which has been suspended for a specified period of time must automatically be restored to good standing on the first day following the period of suspension. The Executive Secretary of the Board, when notifying the respondent of the penalty imposed by the Board, shall inform the respondent of the date on which the certificate, license or permit will be so restored.
(Added to NRS by 1967, 1661; A 2003, 2293)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2565 - Reinstatement of suspended certificate.

1. A person whose certificate has been suspended by the Board may petition the Board for reinstatement of the certificate.
2. After receipt of the petition, the Board shall conduct a hearing to determine whether the certificate should be reinstated.
3. If a hearing is held, the Board may consider the results of its own investigation and any evidence pertaining to the competence of the petitioner. An affirmative vote of a majority of Board members is necessary to reinstate a certificate. The Board may require, prior to reinstatement, that the petitioner pass an examination, either oral or written, to determine the petitioner’s present fitness to resume practice.
4. In any hearing conducted under this section, the Board may employ any expert witnesses considered necessary to determine the competency and ability of the petitioner.
5. If the Board orders restoration of such certificate, it may waive the requirements of NRS 639.180, 639.190 and 639.2174.
(Added to NRS by 1975, 1306)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.257 - Reinstatement of revoked certificate, license or permit.

1. A person whose certificate, license or permit has been revoked may petition the Board for reinstatement after a period of not less than 1 year has lapsed since the date of revocation.
2. The petition shall state such facts as may be required by the Board and shall be heard by the Board at its next regular meeting held not earlier than 30 days after the petition is filed. Such petition may be considered by the Board while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on probation or parole, only if the Board members, by a majority vote, find that the public interest would best be served by such reinstatement.
3. In considering reinstatement the Board may investigate and consider all activities of the petitioner since the time the original certificate, license or permit was issued and his or her ability, character and reputation. The affirmative vote of at least three members is necessary for reinstatement of a certificate, license or permit with or without terms, conditions and restrictions.
(Added to NRS by 1967, 1661)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2575 - Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; appeals.

1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 639.081 is subject to the same procedural requirements which apply to disciplinary actions taken by the Board, and the officer or panel has those powers and duties given to the Board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of a fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to place the holder of a certificate, license or permit on probation, reprimand him or her or revoke or suspend his or her certificate, license or permit may appeal that decision to the Board.
(Added to NRS by 1983, 1540)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2576 - Immunity from civil action for assisting administrative proceeding.

The Board or any other person who initiates or assists in any lawful investigation or administrative proceeding concerning the discipline of a pharmacist is immune from any civil action for that initiation or assistance or any consequential damages, if the person acted without malicious intent.
(Added to NRS by 1987, 948)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.258 - Filing of complaint.

Any person who becomes aware that a person practicing pharmacy in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action may file a complaint with the Board. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.
(Added to NRS by 2013, 2236)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2587 - Name of manufacturer, packer or distributor of generic drug or interchangeable biological product required to be noted on prescription; indication of substitution on label; exception.

If a generic drug or interchangeable biological product is substituted for a drug prescribed by brand name or biological product prescribed, the pharmacist or practitioner shall:
1. Note the name of the manufacturer, packer or distributor of the drug or biological product actually dispensed on the prescription; and
2. Indicate the substitution by writing or typing on the label the words "substituted for," or substantially similar language, following the generic name and preceding the brand name of the drug, or following the name of the interchangeable biological product and preceding the brand name of the prescribed biological product, as applicable, unless, at the time the initial substitution of the generic drug or interchangeable biological product for a drug prescribed by brand name or biological product prescribed is made, the person for whom the drug or interchangeable biological product is dispensed elects not to have such an indication written or typed on the label. An election to indicate or not to indicate a substitution on the label pursuant to this subsection applies to both the fill and each refill of the same prescription.
(Added to NRS by 1979, 1348; A 1985, 885; 1989, 1122; 1991, 1953; 2007, 658; 2013, 2899; 2017, 635)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2588 - Manufacturer’s product identification code to be on certain dispensed tablets and capsules.

A pharmacist or practitioner shall not dispense by prescription any tablet or capsule, except one which is hypodermic, sublingual or soluble, if it does not have the manufacturer’s product identification code imprinted on it.
(Added to NRS by 1987, 1649; A 1989, 1122)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2589 - Form for prescription required to contain line for practitioner’s signature; substitutions in filling prescriptions in certain facilities; substitutions in filling prescriptions ordered on patient’s chart in hospital.

1. The form used for any prescription which is issued or intended to be filled in this state must contain a line for the signature of the practitioner.
2. Substitutions may be made in filling prescriptions contained in the orders of a physician, or of an advanced practice registered nurse who is a practitioner, in a facility for skilled nursing or facility for intermediate care.
3. Substitutions may be made in filling prescriptions for drugs ordered on a patient’s chart in a hospital if the hospital’s medical staff has approved a formulary for specific generic substitutions.
4. Substitutions may be made in filling prescriptions for biological products ordered on a patient’s chart in a hospital if the hospital’s medical staff has approved a formulary for specific interchangeable biological products.
(Added to NRS by 1979, 1348; A 1981, 393; 1983, 1511; 1985, 1769, 2005; 1991, 793; 2003, 1215; 2013, 2079; 2017, 636)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.259 - Employer of pharmacist prohibited from requiring pharmacist to dispense specific generic drug or interchangeable biological product in certain circumstances.

No employer of a pharmacist may require the pharmacist to dispense any specific generic drug or interchangeable biological product in substitution for another drug or biological product if the:
1. Substitution is not permitted by the prescription as signed by a practitioner;
2. Substitution would be against the professional judgment of the pharmacist; or
3. Substitution would violate any provision of NRS 639.2583 to 639.2597, inclusive.
(Added to NRS by 1979, 1349; A 2003, 1215; 2017, 636)