Title 40

NRS 454.010 “Poison” defined. As used in NRS 454.010 to 454.170, inclusive, “poison” means any substance having an inherent deleterious property which when internally or externally applied to the body of a human or animal is capable of causing damage to the tissues, destroying th…

NRS 454.020 Poisons enumerated in Schedules “A,” “B” and “C” in NRS 454.010 may not be sold unless warning label affixed to package. 1. It is unlawful for any person to vend, sell, give away or furnish, either directly or indirectly, any poisons enumerated in Schedules “A,” “B” a…

NRS 454.030 Requirements for sale or delivery of poison listed in Schedule “A” or “B.” It is unlawful to vend, sell, deliver or otherwise furnish any of the poisons named in Schedule “A” or “B” or any other dangerously poisonous drug, chemical or medical substance which may from …

NRS 454.040 Fictitious name or false representations to seller or dealer prohibited. It is unlawful for any person to give a fictitious name or false address or make any false representations to the seller or dealer when buying any of the poisons enumerated in Schedule “A” or the…

NRS 454.045 Sale or delivery of poison listed in Schedule “B” only by registered pharmacist. It is unlawful for any person, other than a registered pharmacist or an intern pharmacist acting under the direct and immediate supervision of a registered pharmacist, to vend, sell, furn…

NRS 454.050 Book of transactions concerning poison: Contents; when entry required; exceptions. 1. It is unlawful to vend, sell, furnish or deliver any poison included in Schedule “A,” the additions thereto or those enumerated by regulation of the Board without making or causing t…

NRS 454.060 Book of transactions concerning poison: Form and preservation. 1. The poison book shall be in form substantially as follows: Name of Kind and Purpose Signature of Signature of Date Purchaser Residence Quantity of Use Pharmacist Purchaser 2. This book shall always be o…

NRS 454.080 English language to be used in book and on label or package; additional entry in foreign language permissible. The entries in the poison book and the printed or written matter required to be placed on the label or the package shall be in the English language, except t…

NRS 454.090 Sale of poison listed in Schedule “A” exempt from registration. 1. Dealers, manufacturers and pharmacists are exempted from the registration of the sale of any poison enumerated in Schedule “A” or the additions thereto when sold: (a) To a registered pharmacist or a pr…

NRS 454.110 Additional restrictions on sale of poison; adoption of regulations by Board. When, in the opinion of the Board, it is in the interest of the public health, the Board is empowered to restrict or prohibit further the retail sale of any poison by regulations not inconsis…

NRS 454.130 Telephone number of poison control center to be available at pharmacies. Each pharmacy must have available for the information of the public the telephone number of the closest poison control center. [Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A 1981, 746)

NRS 454.150 Agents for enforcement; access for inspection. The Commissioner and agents appointed as provided in chapter 585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act are designated and constituted agents for the enforcement of NRS 454.010 to 454.170, in…

NRS 454.160 District attorney to conduct actions and prosecutions. The district attorney of the county wherein any violation of NRS 454.010 to 454.170, inclusive, is committed shall conduct all actions and prosecutions for the same at the request of the Board. [Part 6:207:1913; A…

NRS 454.170 Penalty. Any person violating any of the provisions of NRS 454.010 to 454.160, inclusive, shall be guilty of a misdemeanor. [Part 7:207:1913; A 1921, 66; NCL § 5081]—(NRS A 1967, 586) DANGEROUS DRUGS AND HYPODERMIC DEVICES Dangerous Drugs

NRS 454.181 Application of definitions. Definitions of words and terms in NRS 454.00922, 454.191, 454.201 and 454.211 apply only to NRS 454.181 to 454.371, inclusive. (Added to NRS by 1973, 1196; A 1981, 746; 1987, 1399; 2017, 1250)

NRS 454.191 “Administer” defined. “Administer” means the direct application of a drug or medicine referred to in NRS 454.181 to 454.371, inclusive, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject. (Added to NRS by 1973,…

NRS 454.201 “Dangerous drug” defined. “Dangerous drug” means any drug, other than a controlled substance, unsafe for self-medication or unsupervised use, and includes the following: 1. Any drug which has been approved by the Food and Drug Administration for general distribution a…

NRS 454.211 “Dispense” defined. 1. “Dispense” means the furnishing of a dangerous drug in any amount greater than that which is necessary for the present and immediate needs of the ultimate user. 2. The term does not include the furnishing of a dangerous drug by a hospital pharma…

NRS 454.213 Persons authorized to possess and administer dangerous drug. 1. Except as otherwise provided in NRS 454.217, a drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by: (a) A practitioner. (b) A physician assistant licens…

NRS 454.215 Authority to dispense dangerous drug. A dangerous drug may be dispensed by: 1. A registered pharmacist upon the legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge; 2. A…

NRS 454.217 Authority to inject neuromodulator derived from Clostridium botulinum. 1. A person shall not inject a neuromodulator that is derived from Clostridium botulinum or is biosimilar to or the bioequivalent of such a neuromodulator: (a) Unless the person is: (1) A physician…

NRS 454.221 Furnishing dangerous drug without prescription prohibited; penalty; exceptions. 1. A person who furnishes any dangerous drug except upon the prescription of a practitioner is guilty of a category D felony and shall be punished as provided in NRS 193.130, unless the da…

NRS 454.223 Prescription to be written on prescription blank or chart of patient; contents; regulations. 1. Except as otherwise provided in subsection 4, each prescription for a dangerous drug must be written on a prescription blank or as an order on the chart of a patient. A cha…

NRS 454.231 Pharmacist to fill or refill prescription for use only by person to whom prescription originally issued. No pharmacist shall knowingly fill or refill any prescription for a dangerous drug for use by any person other than the one for whom the prescription was originall…

NRS 454.286 Records: Maintenance; retention; inspection; penalty. 1. Every retail pharmacy, hospital or any practitioner who engages in the practice of dispensing or furnishing drugs to patients and every manufacturer or wholesaler that dispenses dialysate drugs to patients pursu…

NRS 454.291 Stock of dangerous drugs and records open to inspection; penalty. 1. All stock and records of purchase and disposition of any dangerous drug of a wholesaler, pharmacy, practitioner, hospital, laboratory or a nonprofit cooperative agriculture organization which supplie…

NRS 454.296 Immunity from prosecution of employees of Board and peace officers. All agents, assistants and inspectors of the Board and peace officers, while investigating violations of NRS 454.181 to 454.371, inclusive, in performance of their official duties, and any person work…

NRS 454.301 Conditions under which practitioner or veterinarian may furnish drugs without prescription. 1. Except as otherwise provided in subsection 2, a practitioner who dispenses drugs and who personally furnishes his or her own patients with such drugs as are necessary in the…

NRS 454.303 Certain school employees authorized to administer auto-injectable epinephrine or opioid antagonist. 1. A school nurse or other employee of a public or private school who is authorized pursuant to NRS 386.870 or 394.1995 to administer auto-injectable epinephrine or an …

NRS 454.306 Use of minor as agent; unlawful furnishing of dangerous drug to minor; penalty. A person who violates any provision of NRS 454.181 to 454.371, inclusive, by use of a minor as an agent or by unlawfully furnishing any dangerous drug to a minor is guilty of a category B …

NRS 454.311 Fraudulent possession of dangerous drug or prescription; false or altered prescription; penalty. 1. A person, other than a peace officer or inspector of the Board in the performance of his or her official duty, who knowingly or intentionally obtains or attempts to obt…

NRS 454.316 Possession of dangerous drug without prescription unlawful; penalties; exceptions. 1. Except as otherwise provided in this section, a person who possesses a dangerous drug, except that furnished to the person by a pharmacist pursuant to a legal prescription, by a manu…

NRS 454.321 Unlawful dispensing or furnishing of dangerous drug; penalty. Any person who dispenses or furnishes or permits the dispensing or furnishing of any dangerous drug in violation of NRS 454.301 is guilty of a gross misdemeanor. (Added to NRS by 1973, 1200; A 1985, 889)

NRS 454.323 Sale or distribution of product containing toluene to person less than 18 years of age. 1. Except as provided in subsection 3, any person who sells or gives aerosol paint, glue or cement containing toluene to a person who is less than 18 years of age is guilty of a gr…

NRS 454.326 Misrepresentation by use of telephone to obtain dangerous drug; penalty. A person who, in order to obtain any dangerous drug, falsely represents himself or herself in a telephone conversation with a pharmacist to be a physician or other person who can lawfully prescri…

NRS 454.341 Unlawful possession or sale of nasal inhaler; exception. It is unlawful for any person within this State to possess, sell, offer to sell or hold for the purpose of sale or resale any nasal inhaler which contains any drug capable of causing stimulation to the central n…

NRS 454.346 Use or possession with intent to use drug, chemical, poison or organic solvent to induce euphoria or hallucinations unlawful; exception. 1. Any person who inhales, ingests, applies or otherwise uses or possesses with the intent to inhale, ingest, apply or otherwise us…

NRS 454.351 Drugs which may not be introduced into interstate commerce; penalty; exemptions. [Effective through June 30, 2027.] 1. Any person within this State who possesses, procures, obtains, processes, produces, derives, manufactures, sells, offers for sale, gives away or othe…

NRS 454.356 Penalty for violation. Except as otherwise specifically provided, every person who violates any provision of NRS 454.181 to 454.371, inclusive, is guilty of a misdemeanor. (Added to NRS by 1973, 1201; A 2017, 1253)

NRS 454.358 Fee for analysis of dangerous drug included in sentence; distribution of money collected; limitations on use of money. 1. When a defendant pleads guilty or guilty but mentally ill to, or is found guilty or guilty but mentally ill of, any violation of this chapter and …

NRS 454.361 Conviction for violation of provision concerning dangerous drugs constitutes grounds for suspension or revocation of professional license. A conviction of the violation of any of the provisions of NRS 454.181 to 454.371, inclusive, constitutes grounds for the suspensi…

NRS 454.366 Administration and enforcement by Board. The Board shall administer and enforce NRS 454.181 to 454.371, inclusive. (Added to NRS by 1973, 1201; A 2017, 1253)

NRS 454.371 Limitations on furnishing dangerous drug; adoption of regulations by Board; penalties. 1. If the Board finds any drug to be dangerous to the public health or safety, it may adopt a regulation not inconsistent with NRS 454.181 to 454.371, inclusive, limiting or restric…

NRS 454.480 Requirements for sale with or without prescription. 1. Hypodermic devices which are not restricted by federal law to sale by or on the order of a physician may be sold by a pharmacist, or by a person in a pharmacy under the direction of a pharmacist, on the prescripti…

NRS 454.500 Regulation of sale of hypodermic devices other than hypodermic needles or syringes. The Board shall establish, by regulation, the type of devices other than hypodermic needles and syringes that must be sold in compliance with the provisions of NRS 454.480 to 454.530, …

NRS 454.510 Unlawful possession of hypodermic device. It is unlawful for any person to have in his or her possession or under his or her control any hypodermic device unless the person has acquired possession of such device in accordance with the provisions of NRS 454.480 to 454.…