Title 54

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 …

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 for…

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 submi…

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 s…

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…

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 2…

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…

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 mem…

NRS 639.248 Hearing: Use of hearsay evidence. Hearsay evidence may be admitted for the purpose of supplementing or explaining any direct evidence but is not sufficient in itself to support a finding. (Added to NRS by 1967, 1659; A 1977, 91)

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…

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 …

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 serv…

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 …

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 …

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.…

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 b…

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…

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 …

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…

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 st…

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…

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 init…

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 file…

NRS 639.2583 General requirements governing substitution; procedure; limitations; exceptions. 1. Except as otherwise provided in this section, if a practitioner has prescribed a: (a) Drug by brand name and the practitioner has not indicated, by a method set forth in subsection 5,…

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 p…

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 manufactu…

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 is…

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 interchangeabl…

NRS 639.2592 Dispensing pharmacist required to make record of dispensed biological product; recordation options; record deemed notice to prescriber; alternative types of notice; exceptions. 1. Except as otherwise provided in subsections 3 and 4, within 3 business days after dispe…

NRS 639.2595 Liability of pharmacist or practitioner. A pharmacist or practitioner who selects a drug or interchangeable biological product for substitution assumes no greater civil liability than he or she assumes by filling the prescription with the drug under its brand name or…

NRS 639.2596 Board required to maintain link on Internet website to certain list of licensed biological products. The Board shall maintain a link on its Internet website to the Purple Book: Lists of Licensed Biological Products with Reference Product Exclusivity and Biosimilarity…

NRS 639.2597 Use of list of biologically equivalent drugs or interchangeable biological products. A pharmacist or practitioner who proposes to make any substitution must have made use of a list of biologically equivalent drugs or interchangeable biological products approved by th…

NRS 639.2623 Authority; requirements to enter into collaborative practice agreement; duties of pharmacist; patient consent required; conditions and limitations. 1. A pharmacist who has entered into a valid collaborative practice agreement may engage in the collaborative practice …

NRS 639.2627 Requirements for contents of and submission of collaborative practice agreement; expiration and renewal of agreement. 1. A collaborative practice agreement must be signed by each practitioner and pharmacist who enter into the agreement and submitted to the Board in w…

NRS 639.2629 Written guidelines and protocols authorizing collaborative drug therapy management: Required provisions; regulations. 1. Written guidelines and protocols developed by a registered pharmacist in collaboration with a practitioner which authorize collaborative drug ther…

NRS 639.263 False or misleading advertising. No registered pharmacist or owner of any pharmacy licensed under the provisions of this chapter may make, disseminate or cause to be made or disseminated before the public in this state, in any newspaper or other publication, or any ad…

NRS 639.264 Prohibition against unearned rebate, refund or other consideration for referrals. 1. No registered pharmacist, or owner of any pharmacy licensed under the provisions of this chapter, may offer, deliver or pay any unearned rebate, refund, commission, preference, patron…

NRS 639.265 Pharmacists may trade or exchange drugs if necessary for business. A registered pharmacist may trade or exchange drugs with another such pharmacist when any such trade or exchange is necessary to the business of either such pharmacist. (Added to NRS by 1969, 627)

NRS 639.2655 Use of computerized mechanical equipment to perform act required to be performed by pharmacist. For the purposes of this chapter and chapters 453 and 454 of NRS, any act which is required to be performed by a pharmacist may be performed with the use of computerized m…

NRS 639.266 Communication of information to patient or person caring for patient. 1. Upon receipt of a prescription and after review of the patient’s record, a pharmacist shall communicate matters which will enhance therapy through drugs with the patient or a person caring for th…

NRS 639.2665 Required posting or provision of written instructions relating to safe disposal of unused drugs by retail community pharmacy; penalties. 1. Each retail community pharmacy in this State shall post in a conspicuous place on the premises of the pharmacy or provide, upon…

NRS 639.267 Return, reissuance or transfer of unused drugs: Drugs packaged in unit doses generally; regulations. 1. As used in this section, “unit dose” means that quantity of a drug which is packaged as a single dose. 2. A pharmacist who provides a regimen of drugs in unit doses…

NRS 639.2675 Return, reissuance or transfer of unused drugs: Drugs dispensed by pharmacy to offender in correctional institution; written procedures for returning; regulations. 1. A prescription drug that is dispensed by a pharmacy to an offender incarcerated in a correctional in…

NRS 639.2676 Unused drugs transferred to nonprofit pharmacy: Authority to reissue; immunity from civil and criminal liability and disciplinary action; written procedures for accepting and reissuing; regulations. 1. A nonprofit pharmacy designated by the Board in accordance with t…

NRS 639.2677 Collection and destruction of home-generated pharmaceutical waste; secure take-back bins; rights and duties of collectors. 1. A collector that maintains a secure drug take-back bin for the collection and destruction of home-generated pharmaceutical waste shall: (a) C…

NRS 639.268 Purchase of controlled substances, poisons, dangerous drugs and devices by practitioner; acquisition of controlled substances and dangerous drugs directly from outsourcing facility; sale of controlled substances or dangerous drugs to persons or agencies which provide …