Nevada Administrative Code › Chapter 639 - Pharmacists and Pharmacy › DISCIPLINARY ACTION › Section 639.945 - Unprofessional conduct; owner responsible for acts of employees

Current through June 11, 2024
1. The following acts or practices by a
			 holder of any license, certificate or registration issued by the Board or any
			 employee of any business holding any such license, certificate or registration
			 are declared to be, specifically but not by way of limitation, unprofessional
			 conduct and conduct contrary to the public interest:
(a) Manufacturing, compounding, selling,
			 dispensing or permitting to be manufactured, compounded, sold or dispensed
			 substandard drugs or preparations.
(b) Except as otherwise provided in
			 NRS
			 639.2583 to
			 639.2808,
			 inclusive, for substitutions of generic drugs, dispensing or causing to be
			 dispensed a different drug or brand of drug in place of the drug or brand of
			 drug ordered or prescribed, unless the express permission of the orderer or
			 prescriber is obtained and, in the case of a written prescription, unless the
			 following information is recorded on the prescription by the person obtaining
			 permission:
(1) The date on which the
			 permission was granted;
(2) The
			 name of the practitioner granting the permission;
(3) The name of the person obtaining the
			 permission;
(4) The name of the
			 drug dispensed; and
(5) The name of
			 the manufacturer or distributor of the drug.
(c) Using secret formulas.
(d) Except as otherwise provided by
			 subsection 2 of
			 NRS
			 639.2396, failing strictly to follow the
			 instructions of the person writing, making or ordering a prescription or chart
			 order as to its filling or refilling, the content of the label of the
			 prescription or giving a copy of the prescription or chart order to any person
			 except as permitted by law.
(e)
			 Failing to confer with the person writing, making or ordering a prescription or
			 chart order if there is an error or omission in it which should be
			 questioned.
(f) Operating a
			 pharmacy at a location other than the location at which the pharmacy is
			 licensed to operate.
(g) Supplying
			 or diverting drugs, biologicals, medicines, substances or devices which are
			 legally sold in pharmacies or by wholesalers, so that unqualified persons can
			 circumvent any law pertaining to the legal sale of such articles.
(h) Performing or in any way being a party to
			 any fraudulent or deceitful practice or transaction.
(i) Performing any of his or her duties as
			 the holder of a license, certificate or registration issued by the Board, or as
			 the owner of a business or an entity licensed by the Board, in an incompetent,
			 unskillful or negligent manner.
(j)
			 Aiding or abetting a person not licensed to practice pharmacy in the State of
			 Nevada.
(k) Performing any act,
			 task or operation for which licensure, certification or registration is
			 required without the required license, certificate or registration.
(l) Violating any term or condition of a
			 subpoena or order issued by the Board or the staff of the Board.
(m) Failing to provide any document, data or
			 information that is required to be made and maintained pursuant to chapters
			 453, 454, 585 and 639 of NRS and chapters 453, 454, 585 and 639 of NAC to a
			 member of the Board or a member of the staff of the Board upon his or her
			 request.
(n) Except as otherwise
			 provided in subsection 2:
(1) Dispensing a
			 drug as a dispensing practitioner to a patient or animal or owner of an animal
			 with whom the dispensing practitioner does not have a bona fide therapeutic
			 relationship; or
(2) Prescribing a
			 drug as a prescribing practitioner to a patient with whom the prescribing
			 practitioner does not have a bona fide therapeutic relationship.
(o) Failure by a pharmacist to
			 comply with the provisions of chapter 441A of NRS and chapter 441A of NAC
			 concerning the reporting of cases of communicable diseases, drug overdoses and
			 attempted suicides.