Nevada Administrative Code › Chapter 639 - Pharmacists and Pharmacy › DISCIPLINARY ACTION › Section 639.955 - Imposition of fines; authority to take disciplinary action

Current through June 11, 2024
1. Except as otherwise provided in this
			 section, the Board may impose a fine against a pharmacist or pharmacy pursuant
			 to paragraph (f) of subsection 1 of
			 NRS
			 639.255 according to the following schedule:
(a) For failing to counsel a
						  patient.................................................................
$750
(b) For failing to maintain documentation of counseling
						  given to a patient..
750
(c) For an error in a prescription that resulted in a
						  negative outcome to the patient or discomfort to the patient, but did not
						  require intervention or treatment by a medical facility or a
						  physician.....................................................
500
(d) For an error in a prescription that resulted in a
						  significant negative outcome to the patient or required intervention or
						  treatment by a medical facility or a
						  physician...........................................................................................
1,000
(e) For an error in a prescription that resulted in or
						  contributed to a patient's
						  death.....................................................................................................
5,000
(f) Working as a pharmacist or employing a pharmacist to
						  work in a pharmacy without a certificate of
						  registration.....................................................
200 per day
(g) Working as a pharmaceutical technician or employing
						  a pharmaceutical technician to work in a pharmacy without a certificate of
						  registration...............
100 per day
(h) For failing to make or maintain a biennial inventory
						  of controlled
						  substances............................................................................................................
1,000
2. The
			 Board may impose a fine for a violation listed in subsection 1 that is less
			 than or greater than the amount set forth in that subsection for that violation
			 after giving consideration to any aggravating and mitigating factors that
			 relate to the violator's role in and responsibility for the conduct for which
			 the fine is being imposed, and the unique circumstances of each case.
3. If a pharmacy or pharmacist commits a
			 violation listed in subsection 1 more than once during any 36-month period, the
			 Board may impose a fine for any subsequent violation in an amount that is
			 greater than the amount set forth in subsection 1 for that violation.
4. If a pharmacy under common ownership with
			 one or more pharmacies commits a violation listed in subsection 1, and any
			 pharmacy under that common ownership thereafter commits the same violation
			 within any 36-month period, the Board may impose a fine for those subsequent
			 violations in an amount that is greater than the amount set forth in subsection
			 1 for that violation.
5. The Board
			 may, as it deems appropriate, impose a fine for a violation not listed in
			 subsection 1 that is commensurate with the severity of the violation.
6. No fine imposed by the Board will exceed
			 $10,000.
7. If, within an
			 accusation, a member of the Board's staff groups similar violations into one
			 cause of action, that grouping is for administrative convenience only and does
			 not affect the authority of the Board to take disciplinary action for each
			 separate violation.
8. This section
			 will be construed and applied so as to preserve the discretion of the Board to
			 take any disciplinary action authorized by
			 NRS
			 639.255.
Added to NAC by Bd. of
				Pharmacy by R119-02, eff. 10-24-2002
NRS
				  639.070,
				  639.255