reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.287 - Requirement to furnish information concerning owners, partners, officers and employees; penalty.

1. When called upon by a member, inspector or investigator of the Board, the owner or manager of any premises on which drugs, medicines or poisons are sold at retail or a wholesaler or manufacturer of drugs shall furnish the member, inspector or investigator with the name of each owner, manager, partner, officer of the corporation and employee, together with a statement of the capacity in which each of those persons is employed or the extent to which each is engaged in the operation of the licensed establishment.
2. Any person who refuses to furnish that information or willfully furnishes false information is guilty of a misdemeanor.
(Added to NRS by 1967, 1665; A 1989, 1125)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.288 - Unlawful sales by wholesalers and manufacturers.

It is unlawful for any wholesaler or manufacturer to furnish, sell, offer for sale, or deliver any drugs, poisons, chemicals or devices, other than those referred to in NRS 639.270, to any person not authorized by the laws of this state to handle, sell, possess or deal in such drugs, poisons, chemicals or devices.
(Added to NRS by 1967, 1665)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.289 - Inspection of premises by Board.

A member or any agent of the Board may enter any premises in this State where a person who holds a license, certificate or permit issued pursuant to the provisions of this chapter practices pharmacy and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing pharmacy without the appropriate license, certificate or permit issued pursuant to the provisions of this chapter.
(Added to NRS by 2013, 2236)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2893 - Practicing or offering to practice without license: Reporting requirements of Board.

Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice pharmacy without the appropriate license, certificate or permit issued pursuant to the provisions of this chapter.
(Added to NRS by 2013, 2236)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.2895 - Practicing or offering to practice without license: Penalties.

In addition to any other penalty prescribed by law, if the Board determines that a person has violated subsection 1 of NRS 639.100, subsection 1 of NRS 639.2813 or NRS 639.284 or 639.285, the Board may:
1. Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license, certificate or permit or otherwise demonstrates that he or she is no longer in violation of subsection 1 of NRS 639.100, subsection 1 of NRS 639.2813 or NRS 639.284 or 639.285. An order to cease and desist must include a telephone number with which the person may contact the Board.
2. Issue a citation to the person. A citation issued pursuant to this subsection must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this subsection. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.
3. Assess against the person an administrative fine of not more than $5,000.
4. Impose any combination of the penalties set forth in subsections 1, 2 and 3.
(Added to NRS by 2013, 2237)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.300 - Recovery of penalties; conduct of actions and prosecutions by district attorney.

1. The several penalties prescribed in this chapter may be recovered in any court having jurisdictions, by a civil action instituted by the Board, in the name of the State of Nevada, or by criminal prosecution upon complaint being made.
2. The district attorney of the county wherein violations of the provisions of this chapter occur shall conduct all such actions and prosecutions at the request of the Board.
[21:286:1913; 1919 RL p. 3153; NCL § 5100]
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.310 - Criminal penalty.

Except as otherwise provided in NRS 639.23535 and 639.23916, unless a greater penalty is specified, any person who violates any of the provisions of this chapter is guilty of a misdemeanor.
[15:286:1913; A 1951, 290]—(NRS A 1965, 544; 1967, 642, 1650; 1987, 1313; 2015, 125; 2017, 4438; 2019, 2213)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.400 - "Product that is a precursor to methamphetamine" defined.

As used in NRS 639.400 to 639.450, inclusive, "product that is a precursor to methamphetamine" means a product which contains ephedrine, pseudoephedrine or phenylpropanolamine or the salts, optical isomers or salts of optical isomers of such chemicals and may be marketed or distributed lawfully in the United States under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq., as a nonprescription drug.
(Added to NRS by 2007, 3135; A 2013, 377)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.410 - Sales of products that are precursors to methamphetamine.

A person shall not sell or transfer to an ultimate user in the course of any business, or engage in the business of selling to ultimate users, a product that is a precursor to methamphetamine, unless the person is a pharmacy.
(Added to NRS by 2007, 3135)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.420 - Report of unusual or excessive loss or disappearance of products that are precursors to methamphetamine by pharmacy: Requirement; exception; contents.

1. Except as otherwise provided in subsection 2, if a pharmacy becomes aware of any unusual or excessive loss or disappearance of a product that is a precursor to methamphetamine while the product is under the control of the pharmacy, the pharmacy must:
(a) Make an oral report to the Department of Public Safety at the earliest practicable opportunity after the pharmacy becomes aware of the unusual or excessive loss or disappearance of the product that is a precursor to methamphetamine; and
(b) Submit a written report to the Department of Public Safety within 15 days after the pharmacy becomes aware of the unusual or excessive loss or disappearance of the product that is a precursor to methamphetamine.
2. If an unusual or excessive loss or disappearance of a product that is a precursor to methamphetamine occurs while the product is being transported to a pharmacy, the pharmacy is not required to comply with the provisions of subsection 1.
3. A report required by subsection 1 must include, without limitation, a description of the circumstances surrounding the loss or disappearance and may be in substantially the following form:
LOSS REPORT
License number:............................................................................................................
Name:..............................................................................................................................
Business address:..........................................................................................................
City:.................................................................................................................................
State:................................................................................................................................
Zip code:.........................................................................................................................
Business phone:.............................................................................................................
Date of loss:....................................................................................................................
Type of loss:...................................................................................................................
Description of circumstances:.....................................................................................
4. As used in this section, "unusual or excessive loss or disappearance" means a loss or disappearance for which a report would be required under 21 U.S.C. § 830(b)(1), and any regulations adopted pursuant thereto, if the pharmacy were subject to the requirements of 21 U.S.C. § 830(b)(1) and any regulations adopted pursuant thereto.
(Added to NRS by 2007, 3135)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.430 - Real-time, stop sale system: Conditions for approval; regulations.

1. The Board shall approve a real-time, stop sale system for use by pharmacies in this State if the Board determines that a real-time, stop sale system is available and appropriate for use by pharmacies in this State. The Board shall approve a real-time, stop sale system for use by pharmacies in this State only if the Board determines that the system:
(a) Will allow pharmacies in this State to electronically submit information to the system before the sale or transfer of a product that is a precursor to methamphetamine;
(b) Will determine whether the sale or transfer of the product would violate NRS 453.355 or any other law which prohibits the sale or transfer of a product that is a precursor to methamphetamine;
(c) Will send an alert to pharmacies to stop the sale or transfer of a product if the sale or transfer would violate NRS 453.355 or any other law which prohibits the sale or transfer of a product that is a precursor to methamphetamine;
(d) Will allow law enforcement agencies in this State to access from the system transaction records of any sale or transfer or attempted sale or transfer of a product that is a precursor to methamphetamine; and
(e) Is available for use by pharmacies and law enforcement agencies in this State free of charge.
2. Before approving a real-time, stop sale system, the Board must adopt regulations establishing the minimum requirements for the real-time, stop sale system. The Board shall also adopt regulations establishing the requirements for use of the real-time, stop sale system by the pharmacies and law enforcement agencies of this State.
(Added to NRS by 2013, 376)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.440 - Real-time, stop sale system: Notification of pharmacies; duties of pharmacy; civil immunity; penalty.

1. After the Board has approved a real-time, stop sale system pursuant to NRS 639.430 and adopted regulations establishing the requirements for the use of the system pursuant to that section, the Board must notify each pharmacy in this State of the real-time, stop sale system that has been approved, the manner in which to establish the system in the pharmacy and the content of the regulations.
2. Once a pharmacy receives notification pursuant to subsection 1, the pharmacy shall obtain the real-time, stop sale system and consult the system in the manner prescribed before completing any sale or transfer of a product that is a precursor to methamphetamine, except when the purchaser has a valid prescription for such a product. The pharmacy shall obtain any information necessary from the person seeking the purchase or transfer of the product to receive notice from the real-time, stop sale system.
3. Except as otherwise provided in this subsection, if a pharmacy receives an alert from the real-time, stop sale system that the sale or transfer of a product may violate NRS 453.355 or any other law which prohibits the sale or transfer of a product that is a precursor to methamphetamine, the pharmacy must not allow the sale or transfer to be completed. The Board shall provide by regulation for exceptions to allow for the completion of a sale or transfer:
(a) Despite such an alert if the pharmacist or an employee of the pharmacy has a reasonable fear of imminent bodily harm.
(b) If a pharmacy experiences a mechanical or electronic failure of the real-time, stop sale system.
4. A pharmacy that complies with the provisions of this section is not liable in any civil action for using the real-time, stop sale system or for any act or omission resulting from the use of the system which is not the result of the negligence, recklessness or deliberate misconduct of the pharmacy.
5. Failure of a person to use the real-time, stop sale system as required pursuant to this section is a misdemeanor punishable by a fine of not more than $1,000.
(Added to NRS by 2013, 377)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.450 - Real-time, stop sale system: Immunity of Board from liability for unauthorized access or misuse of information collected by or derived from system.

The failure of the real-time, stop sale system approved pursuant to NRS 639.430 to send an alert to a pharmacy to stop the sale or transfer of a product that is a precursor to methamphetamine in violation of NRS 453.355, or any other law which prohibits the sale or transfer of a product that is a precursor to methamphetamine, does not establish a basis for any cause of action against the Board. The Board is immune from any liability arising from or related to the unauthorized access or misuse of any information collected by or derived from the real-time, stop sale system approved pursuant to NRS 639.430.
(Added to NRS by 2013, 377)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.505 - Submission of updated information concerning certain persons associated with wholesaler; submission of additional fingerprints; prohibitions.

1. On an annual basis, each licensed wholesaler shall submit to the Board an updated list of each employee, agent, independent contractor, consultant, guardian, personal representative, lender or holder of indebtedness of the wholesaler who is employed by or otherwise contracts with the wholesaler for the provision of services in connection with the operation of the licensee as a wholesaler. Any changes to the list must be submitted to the Board not later than 30 days after the change is made.
2. If a person identified on an updated list of the wholesaler is employed by or otherwise contracts with the wholesaler after the wholesaler is issued a license and that person did not submit fingerprints pursuant to NRS 639.500, the Board may require that person to submit a complete set of fingerprints to the Board if the Board determines that the person has the power to exercise significant influence over the operation of the licensee as a wholesaler. The fingerprints must be submitted within 30 days after being requested to do so by the Board and must include written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The provisions of this subsection do not apply to a:
(a) Lender or holder of indebtedness of a wholesaler who is a commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, personal property broker, consumer finance lender, commercial finance lender or insurer, or any other person engaged in the business of extending credit, who is regulated by an officer or agency of the State or the Federal Government.
(b) Common motor carrier or other delivery service that delivers a drug at the direction of a manufacturer.
3. A wholesaler shall not allow a person who is required to submit fingerprints pursuant to subsection 2 to act in any capacity in which the person exercises significant influence over the operation of the wholesaler if the:
(a) Person does not submit a complete set of fingerprints in accordance with subsection 2; or
(b) Report of the criminal history of the person indicates that the person has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a felony or offense involving moral turpitude or related to qualifications, functions or duties of that person in connection with the operation of the wholesaler.
(Added to NRS by 2005, 1609; A 2007, 1473)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.510 - Protection of certain information obtained by Board.

The Board shall implement and maintain reasonable security measures to protect the information obtained by the Board pursuant to NRS 639.127, 639.1371 or 639.500 from unauthorized access, acquisition, destruction, use, modification or disclosure. The provisions of this section do not prohibit the Board from disclosing and providing such information to other state and federal agencies involved in the regulation of prescription drugs to the extent deemed necessary by the Board.
(Added to NRS by 2005, 1609; A 2021, 1021)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.515 - Bond or other form of security required; exceptions.

1. Except as otherwise provided in this subsection, before the Board issues a license to engage in the wholesale distribution of prescription drugs, the applicant shall file with the Board a bond in an amount not less than $25,000 and not more than $100,000, as determined by the Board, executed by the applicant as principal, and by a corporation qualified under the laws of this State as surety, payable to this State and conditioned upon the compliance with the requirements of this chapter applicable to wholesalers. An applicant that is a publicly traded corporation is not required to file a bond or other security pursuant to this section.
2. In lieu of the bond required pursuant to subsection 1, an applicant may deposit with the Board a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the Board.
3. The Board may, by agreement with a wholesaler who has been licensed with the Board for 5 consecutive years or more, allow a reduction in the amount of the bond or other security as provided in subsections 1 and 2, if the wholesaler has conducted business in accordance with the applicable provisions of this chapter for the immediately preceding 5 years, but no bond may be in an amount less than $5,000. The Board may at any time thereafter require the licensee to increase the amount of the bond or other security if evidence is presented to the Board supporting this requirement.
4. The purpose of the bond and other security required by this section is to secure payment of any fines imposed by the Board pursuant to NRS 639.255 and any costs incurred by the Board regarding the license of a wholesaler that are imposed pursuant to NRS 622.400 or 622.410 which the licensee fails to pay within 30 days after the fines or costs become due and payable. The Board may make a claim against a bond or other security pursuant to this subsection until 1 year after the license ceases to be valid or until 60 days after any administrative proceeding against the licensee conducted pursuant to NRS 639.241 to 639.2576, inclusive, is concluded.
5. Except as otherwise provided in this subsection, before renewing a license to engage in wholesale distribution, the Board shall require the licensee to file with the Board satisfactory evidence that the surety bond or other security is in full force. A licensee that is a publicly traded corporation is not required to maintain a bond or other security.
6. Failure of an applicant or licensee to file or maintain in full force the required bond or other security constitutes cause for the Board to deny, revoke, suspend or refuse to renew a license to engage in wholesale distribution.
7. All money received by the Board pursuant to this section must be deposited in accordance with NRS 639.081.
(Added to NRS by 2005, 1610)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.535 - Statement of prior sales" or "statement" defined.

As used in NRS 639.535 to 639.555, inclusive, unless the context otherwise requires, "statement of prior sales" or "statement":
1. Means a statement of prior sales that must be used in a transaction involving the purchase or sale of a prescription drug by a wholesaler, if required; and
2. Is synonymous with the term "Statement Identifying Prior Sales of Prescription Drugs by Wholesalers Required by the Prescription Drug Marketing Act."
(Added to NRS by 2005, 1611)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.540 - Duties of Board; requirements concerning use, form and contents of statement.

1. The Board shall ensure the safe and efficient operation of wholesalers and the integrity and propriety of transactions involving the purchase and sale of prescription drugs by wholesalers, including, without limitation, ensuring:
(a) The circumstances and conditions under which a wholesaler must prepare, deliver, acquire and maintain a statement of prior sales regarding a transaction involving the purchase or sale of a prescription drug;
(b) The form and contents of a statement of prior sales; and
(c) The process and procedures for verifying and certifying that the information contained in a statement of prior sales is complete and accurate.
2. In ensuring the circumstances and conditions under which a wholesaler must prepare, deliver, acquire and maintain a statement of prior sales regarding a transaction involving the purchase or sale of a prescription drug, the Board shall consider:
(a) The need for verification to ensure that the transaction is a bona fide transaction pursuant to NRS 639.595; and
(b) The level of risk the transaction poses to public health and safety, including, without limitation, the potential that the transaction may involve the sale or purchase of a prescription drug that is:
(1) Counterfeit;
(2) Deemed to be adulterated or misbranded in accordance with the provisions of chapter 585 of NRS;
(3) Mislabeled;
(4) Damaged or compromised by improper handling, storage or temperature control;
(5) From a foreign or unlawful source; or
(6) Manufactured, packaged, labeled or shipped in violation of any state or federal law relating to prescription drugs.
3. If a statement of prior sales is required for a transaction involving the purchase or sale of a prescription drug by a wholesaler, the statement:
(a) Must include the signature of the wholesaler or the wholesaler’s designated representative certifying that the information contained in the statement is complete and accurate; and
(b) Except as otherwise provided in subsection 4, must be:
(1) In written or electronic form, if the transaction occurs before January 1, 2007; and
(2) In electronic form, if the transaction occurs on or after January 1, 2007.
4. The Board may extend the date for compliance with the requirement that the statement of prior sales must be in electronic form if the Board determines that the technology to provide such a statement in electronic form is not reasonably available or that the licensed wholesalers in this State otherwise require additional time to carry out the requirements of an electronic form. If the Board extends the deadline pursuant to this subsection, the Board shall ensure that all licensed wholesalers in this State are provided adequate notice of the extension.
(Added to NRS by 2005, 1611)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.545 - Prohibited transactions.

If a statement of prior sales indicates that more than three prior sales of a prescription drug have occurred, including, without limitation, a sale involving an authorized distributor of record, a person who is licensed to engage in wholesale distribution pursuant to this chapter shall not sell that prescription drug to another wholesaler.
(Added to NRS by 2005, 1612)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.550 - Unlawful acts.

A person who is licensed to engage in wholesale distribution pursuant to this chapter is guilty of a category C felony and shall be punished as provided in NRS 193.130 if, with the intent to defraud or deceive, the person:
1. Fails to deliver to another person a complete and accurate statement of prior sales for a prescription drug, if such a statement is required, before selling or otherwise transferring the drug to that person.
2. Fails to acquire a complete and accurate statement of prior sales for a prescription drug, if such a statement is required, before obtaining the drug from another person.
3. Falsely swears or certifies that the information in a statement of prior sales is accurate and complete.
(Added to NRS by 2005, 1612)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.555 - Additional unlawful acts.

A person who is licensed to engage in wholesale distribution pursuant to this chapter is guilty of a category C felony and shall be punished as provided in NRS 193.130 if the person knowingly:
1. Destroys, alters, conceals or fails to maintain a complete and accurate statement of prior sales for each prescription drug in his or her possession for wholesale distribution if such a statement is required.
2. Fails to authenticate information contained in a statement of prior sales for a prescription drug, if such a statement is required, and distributes or attempts to distribute that prescription drug.
3. Forges, counterfeits or falsely creates a statement of prior sales.
4. Makes a false representation or assertion of any factual matter contained in a statement of prior sales.
5. Fails to record material information required to be recorded in a statement of prior sales.
(Added to NRS by 2005, 1612)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.573 - Conditions under which manufacturer or wholesaler is authorized to dispense dialysate drug or deliver device necessary to administer dialysis at residence; authority for use of third-party logistics provider for delivery.

1. Except as otherwise provided in subsection 4, a manufacturer or wholesaler may dispense a dialysate drug or deliver a device necessary to administer dialysis at a residence under the conditions prescribed by subsection 2 to:
(a) A patient with irreversible renal disease, or a designee of the patient, for the administration of dialysis at the residence of the patient;
(b) A provider of health care; or
(c) A hospital or facility for the treatment of irreversible renal disease.
2. A drug dispensed or a device delivered pursuant to subsection 1 must be:
(a) Approved by the United States Food and Drug Administration;
(b) Prescribed or ordered by a physician, physician assistant or advanced practice registered nurse; and
(c) Dispensed and delivered in the original, unopened packaging used by the manufacturer of the drug or device.
3. The provisions of NRS 454.223, 639.235 to 639.239, inclusive, and 639.2392 to 639.2397, inclusive, apply to a prescription provided to a manufacturer or wholesaler pursuant to this section to the same extent as if the prescription were provided to a pharmacist.
4. The provisions of this section do not authorize a manufacturer or wholesaler to dispense a dialysate drug that is a:
(a) Controlled substance to any person or entity; or
(b) Dangerous drug that is unsafe for self-administering directly to or unsupervised use directly by a patient or the designee of a patient.
5. A manufacturer or wholesaler may use a third-party logistics provider to deliver a dialysate drug or device necessary to administer dialysis at a residence pursuant to subsection 1.
6. As used in this section:
(a) "Dialysate drug" means a drug solely composed of fluids, electrolytes and sugars used for dialysis.
(b) "Dialysis" means the method by which a dissolved substance is removed from the body of a patient by diffusion, osmosis and convection from one fluid compartment to another fluid compartment across a semipermeable membrane.
(c) "Facility for the treatment of irreversible renal disease" has the meaning ascribed to it in NRS 449.0046.
(d) "Provider of health care" has the meaning ascribed to it in NRS 629.031.
(e) "Third-party logistics provider" means a person that transports, warehouses, packages, tracks or manages a drug or device.
(Added to NRS by 2023, 311)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.575 - Information regarding other wholesalers.

A person who is licensed to engage in wholesale distribution pursuant to this chapter shall maintain the following information, updated annually, concerning each wholesaler from whom the licensee purchases a prescription drug or to whom the licensee sells a prescription drug:
1. A list that identifies each state in which the wholesaler is domiciled and each state into which the wholesaler ships prescription drugs.
2. Copies of each state and federal regulatory license and registration held by the wholesaler, including, without limitation, the numbers accompanying each license and registration.
3. Copies of formation documents, business licenses and registrations and other documents related to the company of the wholesaler and its operations.
4. Copies of the wholesaler’s most recent site inspection report by state or federal agencies.
5. If the licensee receives a prescription drug from the wholesaler, a copy of the wholesaler’s product liability insurance policy that includes the licensee as an additional insured for at least $1,000,000.
6. A list that includes the name and address of:
(a) If the wholesaler is a partnership, limited-liability partnership or limited-liability corporation, the partners or shareholders, as applicable.
(b) If the wholesaler is a private corporation, the officers, directors and shareholders.
(c) If the wholesaler is a public corporation, the officers and directors.
7. Evidence of due diligence in accordance with NRS 639.580.
8. A copy of the wholesaler’s policy or procedure for internal operations, including, without limitation, the procedures related to handling counterfeit, misbranded or adulterated prescription drugs.
9. A listing of all manufacturers with whom the wholesaler claims status as an authorized distributor of record and the applicable account numbers.
(Added to NRS by 2005, 1613)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.580 - Evidence regarding due diligence; prohibited business relationships.

1. A person who is licensed to engage in wholesale distribution pursuant to this chapter shall maintain the following evidence regarding due diligence concerning each wholesaler with whom the licensee does business in accordance with any applicable requirements of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq.:
(a) A copy of the driver’s license of:
(1) If the wholesaler is a sole proprietor, the owner.
(2) If the wholesaler is a partnership, limited-liability partnership or limited-liability corporation, each partner or shareholder, as applicable.
(3) If the wholesaler is a private corporation, each officer and director.
(b) Proof that the licensee has checked to determine if civil or criminal litigation or both exists against the company, its owners, partners, officers or directors and whether any disciplinary action has been taken or is pending against the company, its owners, partners, officers or directors by a state or federal agency.
2. A person who is licensed to engage in wholesale distribution pursuant to this chapter shall not maintain a business relationship with any company if any of the owners, partners, officers or directors have been convicted of a felony related to the wholesale distribution of prescription drugs.
(Added to NRS by 2005, 1613)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.585 - On-site inspections; agreements with other wholesalers.

1. A person who is licensed to engage in wholesale distribution pursuant to this chapter shall, within 30 days after beginning a business relationship with another wholesaler, conduct an on-site inspection of each facility of the wholesaler to verify that the wholesaler complies with federal requirements for the storage of prescription drugs and the operation of the facilities where prescription drugs are stored.
2. After the date of the inspection pursuant to subsection 1, the licensee shall conduct an on-site inspection biannually.
3. Each on-site inspection conducted pursuant to this section must include:
(a) An assessment of the authority, training and experience of persons who are responsible for receiving, inspecting, storing, handling and shipping prescription drugs at the facility;
(b) An assessment of the operational conditions of each facility of the wholesaler, including, without limitation, security, climate control and cleanliness;
(c) An assessment of compliance with:
(1) The Federal Prescription Drug Marketing Act;
(2) Appropriate recordkeeping measures;
(3) The Drug Enforcement Administration recordkeeping requirements if the wholesaler maintains a federal controlled substance registration; and
(4) Temperature monitoring and documentation requirements; and
(d) An assessment of the procedures of the wholesaler for detecting adulterated, misbranded or counterfeit prescription drugs.
4. For each inspection pursuant to this section, the licensee shall obtain and maintain the signature of the appropriate representative of the wholesaler verifying the accuracy of the inspection.
5. Each licensee shall enter into an agreement with each wholesaler with whom the licensee enters into a business relationship providing that the wholesaler will comply with all applicable federal and state laws and regulations relating to the purchase and sale of prescription drugs and requiring the wholesaler to notify the licensee of any material change regarding the integrity or legal status of prescription drugs received by the licensee or any other material change regarding the legal status of the wholesaler.
(Added to NRS by 2005, 1614)
2023 Nevada Revised Statutes › Chapter 639 - Pharmacists and Pharmacy › NRS 639.590 - Certification regarding other wholesalers.

A person who is licensed to engage in wholesale distribution pursuant to this chapter shall certify a claim by another wholesaler that the wholesaler is an authorized distributor of record from whom the licensee purchases a prescription drug. Such certification includes a statement signed by a representative of the wholesaler certifying the claim that the wholesaler is an authorized distributor of record for a specified manufacturer and:
1. A copy of the written agreement currently in effect with the manufacturer;
2. A copy of a letter from the manufacturer endorsing the wholesaler as an authorized distributor of record;
3. Copies of applicable invoices from the manufacturer demonstrating the purchase by the wholesaler of at least 1,000 sales units of prescription drugs from the manufacturer within the 12 months immediately preceding the current month;
4. Copies of applicable invoices from the manufacturer from each of the previous 12 months;
5. Copies of applicable invoices from the manufacturer specific to the given transaction; or
6. Verification from the manufacturer’s website that the wholesaler is an authorized distributor of record.
(Added to NRS by 2005, 1614)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.011 - Definitions.

As used in this chapter, unless the context otherwise requires, the terms defined in NRS 640.013 to 640.026, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 1124; A 1981, 933; 1989, 1574; 1993, 2543; 2019, 1586)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.014 - "Dry needling" defined.

"Dry needling":
1. Means a skilled technique performed by a physical therapist using a single-use, single-insertion, sterile filiform needle, which is used to penetrate the skin or underlying tissue to effect change in body conditions, pain, movement, impairment and disability.
2. Does not include:
(a) The stimulation of an auricular point;
(b) The stimulation of sinus points or other nonlocal points to treat underlying organs;
(c) Needle retention; or
(d) The teaching or application of acupuncture.
(Added to NRS by 2019, 1585)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.016 - "Immediate supervision" defined.

"Immediate supervision" means that a person is present on-site and immediately available within the treatment area to give aid, direction and instruction to the person he or she is supervising.
(Added to NRS by 1993, 2543; A 2017, 1580)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.021 - "Physical therapist" defined.

"Physical therapist" means a person who is licensed as such in accordance with the provisions of this chapter.
(Added to NRS by 1971, 1124; A 1989, 1574; 2017, 1580)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.0213 - "Physical therapist assistant" defined.

"Physical therapist assistant" means a person who assists in the practice of physical therapy under the supervision of a licensed physical therapist and who is licensed under the provisions of this chapter.
(Added to NRS by 1981, 931; A 1989, 1574; 1993, 2543; 2017, 1580)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.0216 - "Physical therapist technician" defined.

"Physical therapist technician" means an unlicensed person who performs certain limited activities at the direction of the physical therapist.
(Added to NRS by 1993, 2543; A 2017, 1580)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.022 - "Physical therapy" defined.

"Physical therapy" means the specialty in the field of health which is concerned with prevention of disability and physical rehabilitation of persons having congenital or acquired disabilities.
(Added to NRS by 1971, 1124; A 1981, 933)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.024 - "Practice of physical therapy" defined.

"Practice of physical therapy":
1. Includes:
(a) The performing and interpreting of tests and measurements as an aid to evaluation or treatment;
(b) The planning of initial and subsequent programs of treatment on the basis of the results of tests;
(c) The administering of treatment through the use of therapeutic exercise and massage, the mobilization of joints by the use of therapeutic exercise without chiropractic adjustment, mechanical devices, and therapeutic agents which employ the properties of air, water, electricity, sound and radiant energy; and
(d) The performance of dry needling, if a physical therapist is qualified to do so pursuant to the regulations adopted in accordance with subsection 3 of NRS 640.050.
2. Does not include:
(a) The diagnosis of physical disabilities;
(b) The use of roentgenic rays or radium;
(c) The use of electricity for cauterization or surgery; or
(d) The occupation of a masseur who massages only the superficial soft tissues of the body.
(Added to NRS by 1981, 931; A 1985, 1411; 1993, 2543; 2019, 1586)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.026 - "Supervising physical therapist" defined.

"Supervising physical therapist" means a physical therapist who supervises a physical therapist assistant, a physical therapist technician, a student who is completing a program for physical therapists or physical therapist assistants or a graduate of such a program.
(Added to NRS by 1989, 1574; A 1993, 2544; 2017, 1580)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.029 - Applicability of chapter.

1. This chapter does not apply to:
(a) A provider of health care who:
(1) Is licensed to practice in this state;
(2) Practices within the scope of that license; and
(3) Does not use any letters, words or insignia listed in NRS 640.170 or 640.175 in connection with his or her name or otherwise represent that he or she is a physical therapist or physical therapist assistant, or that he or she practices physical therapy;
(b) A physical therapist who is temporarily exempt from licensure pursuant to NRS 640.135 and is practicing physical therapy within the scope of the exemption; or
(c) A physical therapist, physical therapist assistant or physical therapist technician of the Armed Forces of the United States or a physical therapist, physical therapist assistant or physical therapist technician of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.
2. As used in this section, "provider of health care" has the meaning ascribed to it in NRS 629.031.
(Added to NRS by 1991, 991; A 1993, 2544; 2003, 904; 2017, 1581, 3484; 2023, 423)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.030 - Creation; number, appointment, qualifications, terms and removal of members; quorum; civil liability; compliance with Open Meeting Law.

1. The Nevada Physical Therapy Board, consisting of five members appointed by the Governor, and any nonvoting advisory members appointed by the Board pursuant to NRS 640.055, is hereby created.
2. The Governor shall appoint:
(a) Three members who are licensed physical therapists in the State of Nevada.
(b) One member who is a licensed physical therapist assistant in the State of Nevada.
(c) One member who is a representative of the general public. This member must not be:
(1) A physical therapist or a physical therapist assistant; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a physical therapist or a physical therapist assistant.
3. No member of the Board may serve more than two consecutive terms.
4. The Governor may remove any voting member of the Board for incompetency, neglect of duty, gross immorality or malfeasance in office.
5. A majority of the voting members of the Board constitutes a quorum.
6. No member of the Board may be held liable in a civil action for any act which he or she has performed in good faith in the execution of his or her duties under this chapter.
7. The Board shall comply with the provisions of chapter 241 of NRS, and all meetings of the Board must be conducted in accordance with that chapter.
[Part 3:364:1955]—(NRS A 1957, 77; 1977, 1257; 1981, 933; 1989, 1574; 2003, 1196; 2017, 1581)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.035 - Election of officers.

At the first meeting of each fiscal year, the Board shall elect a Chair, a Vice Chair and a Secretary-Treasurer from among its members.
(Added to NRS by 2007, 1846; A 2017, 1581)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.045 - Salary of voting members; per diem allowance and travel expenses of voting members and employees.

1. Each voting member of the Board is entitled to receive:
(a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.
(Added to NRS by 1963, 157; A 1975, 305; 1981, 934, 1994; 1989, 1702; 2007, 2953; 2017, 1581)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.055 - Appointment of advisory members; term; duties.

The Board may, by majority vote, select any person, including, without limitation, a physical therapist or physical therapist assistant, to serve as an advisory member of the Board. The Board shall prescribe the term and duties of any advisory member it selects pursuant to this section. An advisory member may not vote on any matter before the Board. Advisory members serve without compensation.
(Added to NRS by 2017, 1579)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.060 - Approval of schools or program of physical therapy.

For the purposes of NRS 640.080 and 640.092, the Board shall approve any school or program of professional education for physical therapists and physical therapist assistants taught at a school if the school is accredited by an accrediting agency recognized by the Board.
[19:364:1955]—(NRS A 1981, 934; 1989, 1576; 2005, 695; 2017, 1583)
2023 Nevada Revised Statutes › Chapter 640 - Physical Therapists, Physical Therapist Assistants and Physical Therapist Technicians › NRS 640.070 - Deposit of fees; expenses; delegation of authority to take disciplinary action; deposit of fines imposed by Board; claims for attorney’s fees and costs of investigation.

1. All fees collected under this chapter must be deposited by the Board in banks, credit unions, savings and loan associations or savings banks in the State of Nevada.
2. All expenses incident to the operation of this chapter must be paid from the revenue derived therefrom.
3. In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter and impose and collect administrative fines therefor. If the Board so delegates its authority, the Board may deposit the money from the fines in banks, credit unions, savings and loan associations or savings banks in this State for the support of the Board. In addition, the hearing officer or panel may assess a licensee against whom disciplinary action is taken any costs and fees incurred by the Board as a result of the hearing. The money from the reimbursed costs and fees may also be deposited for use by the Board.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the Board shall deposit the money collected from the imposition of administrative fines in the State General Fund. The Board may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.
[13:364:1955]—(NRS A 1963, 158; 1983, 1541; 1993, 2545; 1999, 1535; 2005, 781; 2017, 1583)