Senate Bill No. 101–Committee on Commerce and Labor
(On Behalf of Board of Pharmacy)
February 4, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes to provisions governing pharmacy. (BDR 54-414)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 639.0086 is hereby amended to read as follows: 639.0086 "Intern pharmacist" means a person registered with and1-3
1-4
pharmacist pursuant to NRS 639.137.1-5
Sec. 2. NRS 639.040 is hereby amended to read as follows: 639.040 1. The board shall elect a president and a treasurer from1-7
among its members.1-8
2. The board shall employ a secretary, who must not be a member of1-9
the board. The secretary shall keep a complete record of all proceedings of1-10
the board and of all certificates issued, and shall perform such other duties1-11
as the board may1-12
entitled to receive a salary to be determined by the board.2-1
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Sec. 3. NRS 639.100 is hereby amended to read as follows: 639.100 1. Except as otherwise provided in this chapter, it is2-8
unlawful for any person to manufacture, engage in wholesale distribution,2-9
compound, sell or dispense, or permit to be manufactured, distributed at2-10
wholesale, compounded, sold or dispensed, any drug, poison, medicine or2-11
chemical, or to dispense or compound, or permit to be dispensed or2-12
compounded, any prescription of a practitioner, unless he:2-13
(a) Is a prescribing practitioner, a person licensed to engage in2-14
wholesale distribution, a technologist in radiology or nuclear medicine2-15
under the supervision of the prescribing practitioner, a registered2-16
pharmacist, or a registered nurse certified in oncology under the2-17
supervision of the prescribing practitioner; and2-18
(b) Complies with the regulations adopted by the board.2-19
2. Sales representatives, manufacturers or wholesalers selling only in2-20
wholesale lots and not to the general public and compounders or sellers of2-21
medical gases need not be registered pharmacists. A person shall not act as2-22
a manufacturer or wholesaler unless he has obtained a license from the2-23
board.2-24
3. Any nonprofit cooperative organization or any manufacturer or2-25
wholesaler who furnishes, sells, offers to sell or delivers a controlled2-26
substance which is intended, designed and labeled "For Veterinary Use2-27
Only" is subject to the provisions of this chapter, and shall not furnish, sell2-28
or offer to sell such a substance until he has obtained a license from the2-29
board.2-30
4. Each application for such a license must be made on a form2-31
furnished by the board and an application must not be considered by the2-32
board until all the information required thereon has been completed. Upon2-33
approval of the application by the board and the payment of the required2-34
fee, the board shall issue a license to the applicant. Each license must be2-35
issued to a specific person for a specific location .2-36
2-37
Sec. 4. NRS 639.120 is hereby amended to read as follows: 639.120 1. An applicant to become a registered pharmacist in this2-39
state must:2-40
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2-42
pharmacy of a university accredited by the American Council on2-43
Pharmaceutical Education and approved by the board or a graduate of a3-1
foreign school who has passed an examination for foreign graduates3-2
approved by the board to demonstrate that his education is equivalent.3-3
3-4
grade of at least 75 on the examination as a whole and a grade of at least 753-5
on the examination on law. An applicant for registration by reciprocity3-6
must pass the examination on law with at least a grade of 75.3-7
3-8
(d) Complete not less than 1,500 hours of practical pharmaceutical3-9
experience3-10
supervision of a registered pharmacist.3-11
2. The practical pharmaceutical experience required pursuant to3-12
paragraph (d) of subsection 1 must relate primarily to the selling of3-13
drugs, poisons and devices, the compounding and dispensing of3-14
prescriptions, preparing prescriptions and keeping records and preparing3-15
reports required by state and federal statutes.3-16
3. The board may accept evidence of compliance with the3-17
requirements set forth in paragraph (d) of subsection 1 from boards of3-18
pharmacy of other states in which the experience requirement is3-19
equivalent to the requirements in this state.3-20
Sec. 5. NRS 639.127 is hereby amended to read as follows: 639.127 1. An applicant for registration as a pharmacist in this state3-22
must submit an application to the secretary of the board on a form furnished3-23
by the board and must pay the fee fixed by the board. The fee must be paid3-24
at the time the application is submitted and is compensation to the board for3-25
the investigation and the examination of the applicant. Under no3-26
circumstances may the fee be refunded.3-27
2. Proof of the qualifications of any applicant must be made to the3-28
satisfaction of the board and must be substantiated by affidavits, records or3-29
such other evidence as the board may require.3-30
3. An application is only valid for 1 year3-31
received by the board unless the board extends its period of validity.3-32
4. A certificate of registration as a pharmacist must be issued to each3-33
person who the board determines is qualified pursuant to the provisions3-34
of NRS 639.120, 639.133 and 639.134. The certificate entitles the person3-35
to whom it is issued to practice pharmacy in this state.3-36
Sec. 6. NRS 639.134 is hereby amended to read as follows: 639.134 1. The board may, without an examination, register as a3-38
pharmacist any person who:3-39
(a) Is registered as a pharmacist in another jurisdiction if he was3-40
required to pass an examination in order to be registered in that3-41
jurisdiction;3-42
(b) Produces evidence satisfactory to the board that he has the required3-43
secondary and professional education and training and, if a graduate of a4-1
foreign school, produces evidence that, before taking the examination for4-2
registration in that jurisdiction, he passed an examination for foreign4-3
graduates offered in that jurisdiction which is comparable to the4-4
examination required4-5
subsection 1 of NRS 639.120; and4-6
(c) Is of good moral character.4-7
2. The provisions of this section apply only if pharmacists registered in4-8
this state are granted similar privileges by the state in which the applicant is4-9
registered.4-10
Sec. 7. NRS 639.137 is hereby amended to read as follows: 639.137 1. Any person who is not a registered pharmacist, but who is4-12
employed in this state for the purpose of fulfilling the requirements of4-13
4-14
eligible for registration as a pharmacist, shall register with the board as an4-15
intern pharmacist. An applicant, to be eligible for registration as an intern4-16
pharmacist, must have completed a minimum of 1 year in a college of4-17
pharmacy or a department of pharmacy of a university approved by the4-18
board or be a graduate of a foreign school and pass an examination for4-19
foreign graduates approved by the board. The application must be made on4-20
a form furnished by the board.4-21
2. The secretary of the board, upon approval of the application, shall4-22
issue a certificate of registration authorizing the applicant to undergo4-23
practical pharmaceutical training under the direct and immediate4-24
supervision of a registered pharmacist. The certificate of registration4-25
authorizes the holder, if acting under the direct and immediate supervision4-26
of a registered pharmacist, to perform the duties of a registered pharmacist4-27
and to perform other activities as authorized by regulation of the board.4-28
The period of validity of the certificate of registration, including any4-29
renewal, must not4-30
date of issue.4-31
3. The certificate of registration must be posted as required by NRS4-32
639.150.4-33
4. Any certificate of registration issued pursuant to the provisions of4-34
this section may be suspended, terminated or revoked by the board for:4-35
(a) Any reason set forth in this chapter as grounds for the suspension or4-36
revocation of any certificate, license or permit; or4-37
(b) The failure of the registered pharmacist whose name appears on the4-38
certificate of registration to provide adequate training and supervision for4-39
the intern pharmacist in compliance with regulations adopted by the board.4-40
Sec. 8. NRS 639.1371 is hereby amended to read as follows: 639.1371 1.4-42
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more than one supportive personnel to each pharmacist unless the board by5-3
regulation expands the ratio.5-4
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personnel, including requirements for:5-6
(a) The qualifications, registration and supervision of supportive5-7
personnel; and5-8
(b) Services which may be performed by supportive personnel,5-9
to ensure the protection and safety of the public in the provision of5-10
pharmaceutical care.5-11
5-12
which prescribe:5-13
(a) The qualifications for supportive personnel must include:5-14
(1) At least 1 year of education at a postsecondary school which is5-15
directly related to the duties performed by supportive personnel;5-16
(2) The successful completion of a program for supportive personnel5-17
which is approved by the board;5-18
(3) The completion of at least 1,500 hours of experience in carrying5-19
out the duties of supportive personnel; or5-20
(4) Any other experience or education deemed equivalent by the5-21
board.5-22
(b) An expanded ratio of supportive personnel to pharmacists must not5-23
allow more than two supportive personnel for each pharmacist in a5-24
particular category of pharmacy at any time.5-25
(c) The services which may be performed by supportive personnel must5-26
include, without limitation, the:5-27
(1) Removal of drugs from stock;5-28
(2) Counting, pouring or mixing of drugs;5-29
(3) Placing of drugs in containers;5-30
(4) Affixing of labels to containers; and5-31
(5) Packaging and repackaging of drugs.5-32
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NRS, supportive personnel may perform acts required to be performed by5-34
pharmacists but only to the extent provided in regulations.5-35
Sec. 9. NRS 639.150 is hereby amended to read as follows: 639.150 1. The holder of a certificate of registration ,5-37
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provisions of this chapter shall display the certificate, license or permit, and5-39
the current renewal receipt thereof, in the pharmacy conducted by him or in5-40
which he is employed in a place where it may be clearly read by the public.5-41
2. A registered pharmacist who is employed or who practices in more5-42
than one pharmacy shall post his original certificate of registration and the5-43
current renewal receipt in the pharmacy in which he is primarily employed,6-1
in compliance with the provisions of subsection 1, and shall post an 8-inch6-2
by 10-inch photocopy of his certificate of registration and the current6-3
renewal receipt in every other pharmacy in which he practices on either a6-4
part-time or temporary basis.6-5
3. An institutional pharmacy that serves a majority of inpatients shall6-6
display certificates, licenses and permits in accordance with regulations6-7
adopted by the board.6-8
Sec. 10. NRS 639.180 is hereby amended to read as follows: 639.180 1.6-10
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certificate, license or permit issued by the board pursuant to this chapter6-15
expires on October 31 of each even-numbered year. A certificate of6-16
registration as a pharmacist expires on October 31 of each6-17
odd-numbered year.6-18
2. Except as otherwise provided by NRS 639.137, 639.230 and6-19
639.2328, each person to whom a certificate , license or permit has been6-20
issued may, if6-21
renew6-22
6-23
(a) Filing an application for renewal;6-24
(b) Paying the fee for renewal6-25
(c) Complying with the requirement of continuing professional6-26
education, if applicable6-27
(d) If the applicant is a natural person6-28
renewal of a certificate of registration as a pharmacist, an intern6-29
pharmacist or supportive personnel or a license issued pursuant to NRS6-30
639.233, submitting the statement required pursuant to NRS 639.129.6-31
3. The application for6-32
with the fee for renewal and , if applicable, the statement , must be6-33
delivered to the secretary of the board on or before the expiration date of6-34
6-35
renewal receipt6-36
4. If a certificate , license or permit is renewed, it must be delivered to6-37
the applicant within a reasonable time after receipt of the6-38
application for renewal and the fee6-39
5. The board may refuse to renew a certificate , license or permit if the6-40
applicant has committed any act proscribed by NRS 639.210.6-41
6.6-42
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renewal and, if applicable, the statement, are not postmarked on or7-1
before the expiration date of the certificate, license or permit, or the7-2
current renewal receipt thereof, the registration is automatically7-3
forfeited.7-4
Sec. 11. NRS 639.190 is hereby amended to read as follows: 639.1907-6
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7-8
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forfeited by a person as provided in7-10
may, within 5 years thereafter, issue7-11
the person if the board determines that he:7-12
7-13
the failure to renew his7-14
application for renewal or the fee for renewal7-15
7-16
2. Is capable and qualified by education or experience, or both, to7-17
practice the profession of pharmacy in this state.7-18
Sec. 12. NRS 639.230 is hereby amended to read as follows: 639.230 1. A pharmacy or a person operating as a pharmacy shall not7-20
use the word "drug" or "drugs," "prescription" or "pharmacy," or similar7-21
words or words of similar import, without first having secured a license7-22
from the board.7-23
2. Each license must be issued to a specific person and for a specific7-24
location and is not transferable. The original license must show the name of7-25
the owner and the name of the managing pharmacist and be displayed on7-26
the licensed premises as provided in NRS 639.150. If the owner is a7-27
partnership or corporation, the names of the partners or officers must also7-28
be shown. Any change of partners or corporate officers must be7-29
immediately reported to the board. The original license and the fee required7-30
for reissuance of a license must be submitted to the board before the7-31
reissuance of the license.7-32
3.7-33
NRS 639.180, every person holding a license to operate a pharmacy7-34
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according to law.7-36
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managing pharmacist or by personnel of the pharmacy under the8-6
supervision of the managing pharmacist is cause for the suspension or8-7
revocation of the license of the pharmacy by the board.8-8
Sec. 13. NRS 639.23505 is hereby amended to read as follows: 639.235058-10
consumption any controlled substance or dangerous drug if he charges a8-11
patient for that substance or drug, either separately or together with charges8-12
for other professional services:8-13
8-14
1. Unless the practitioner first applies for and obtains a certificate8-15
from the board and pays the required fee; and8-16
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8-18
8-19
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8-21
8-22
Sec. 14. NRS 639.2825 is hereby amended to read as follows: 639.2825 1. Except as otherwise provided in subsection 2, it is8-24
unlawful for the holder of a certificate of registration as a pharmacist, a8-25
certificate of registration as an intern pharmacist, a license or a permit8-26
granted pursuant to this chapter to sell, furnish or fit a contact lens.8-27
2. A registered pharmacist may, pursuant to a prescription, sell or8-28
furnish a prepackaged contact lens that does not require any adjustment,8-29
modification or fitting, if:8-30
(a) The prescription includes an expiration date and sets forth the8-31
number of refills that the person for whom the contact lens is prescribed8-32
may receive; and8-33
(b) The contact lens is not sold or furnished with the intent that the8-34
initial use of the contact lens will occur after the expiration date of the8-35
prescription.8-36
3. As used in this section, "contact lens" includes, without limitation,8-37
any cosmetic or therapeutic contact lens or any contact lens that is used to8-38
improve visual acuity.8-39
Sec. 15. NRS 453.1545 is hereby amended to read as follows: 453.1545 1. The board and the division shall cooperatively develop a8-41
computerized program to track each prescription for a controlled substance8-42
listed in schedule II, III or IV that is filled by a pharmacy8-43
registered with the board. The program must:9-1
(a) Be designed to provide information regarding9-2
(1) The inappropriate use by a patient of controlled substances listed9-3
in schedules II, III and IV to pharmacies, practitioners and appropriate state9-4
agencies in order to prevent the improper or illegal use of such controlled9-5
substances9-6
(2) Statistical data relating to the use of such controlled substances9-7
that is not specific to a particular patient.9-8
(b) Be administered by the board, the division, the bureau of alcohol and9-9
drug abuse of the rehabilitation division of the department of employment,9-10
training and rehabilitation and various practitioners, representatives of9-11
professional associations for practitioners, representatives of occupational9-12
licensing boards and prosecuting attorneys selected by the board and the9-13
division.9-14
(c) Not infringe on the legal use of a controlled substance for the9-15
management of severe or intractable pain.9-16
2. The board and division must have access to the program established9-17
pursuant to subsection 1 for the purpose of identifying any suspected9-18
fraudulent or illegal activity related to the dispensing of controlled9-19
substances.9-20
3. The board and division shall report any activity it reasonably9-21
suspects may be fraudulent or illegal to the appropriate law enforcement9-22
agency or occupational licensing board and provide the law enforcement9-23
agency or occupational licensing board with the relevant information9-24
obtained from the program for further investigation.9-25
4. Information obtained from the program relating to a practitioner or9-26
a patient is confidential and, except as otherwise provided by this section,9-27
must not be disclosed to any person.9-28
9-29
(a) Upon the request of a person about whom the information requested9-30
concerns or upon the request on his behalf by his attorney; or9-31
(b) Upon the lawful order of a court of competent jurisdiction.9-32
5. The board and the division may apply for any available grants and9-33
accept any gifts, grants or donations to assist in developing and maintaining9-34
the program required by this section.9-35
Sec. 16. NRS 453.385 is hereby amended to read as follows: 453.385 1. Each prescription for a controlled substance listed in9-37
schedule II must be written on a separate prescription blank or as an order9-38
on the chart of a patient. The chart of a patient may be used to order9-39
multiple prescriptions for that patient.9-40
2. A prescription for a controlled substance must contain:9-41
(a) The name of the practitioner, his signature if the prescription was not9-42
transmitted orally and his address if not immediately available to the9-43
pharmacist;10-1
(b) The classification of his license;10-2
(c) His registration number from the Drug Enforcement Administration10-3
if it is not immediately available to the pharmacist;10-4
(d) The name of the patient, and his address if not immediately available10-5
to the pharmacist;10-6
(e) The name, strength and quantity of the drug or drugs prescribed;10-7
(f) Directions for use; and10-8
(g) The date of issue.10-9
3. A prescription for a controlled substance listed in:10-10
(a) Schedule III, IV or V must be signed by the practitioner pursuant to10-11
the regulations of the board and may be preprinted or written by an agent of10-12
the practitioner, or may be transmitted electronically or by a facsimile10-13
machine from the practitioner to a pharmacy pursuant to the regulations of10-14
the board.10-15
(b) Schedule II must be written and signed entirely by hand by the10-16
practitioner who issued it, except that:10-17
(1) The addresses of the patient and the practitioner may be added by10-18
the pharmacist.10-19
(2) The name of the practitioner, his address10-20
of his license10-21
10-22
(3) The registration number of the practitioner assigned by the10-23
Drug Enforcement Administration may be preprinted on the prescription10-24
form.10-25
(4) The prescription may be transmitted by the practitioner or an10-26
agent of the practitioner to a pharmacy by a facsimile machine if the10-27
original written prescription is presented to the pharmacist for review10-28
before the dispensing of the controlled substance, except that:10-29
(I) If the controlled substance is to be compounded for the direct10-30
administration to a patient by parenteral, intravenous, intramuscular,10-31
subcutaneous or intraspinal infusion, the transmission from the facsimile10-32
machine shall be deemed to be the original written prescription.10-33
(II) If the controlled substance is prescribed for a resident of a10-34
facility for long-term care, the transmission from the facsimile machine10-35
shall be deemed to be the original written prescription and must be10-36
maintained in accordance with 21 C.F.R. § 1304.04(h).10-37
4. Directions for use must be specific in that they must indicate the10-38
portion of the body to which the medication is to be applied, or, if to be10-39
taken into the body by means other than orally, the orifice or canal of the10-40
body into which the medication is to be inserted or injected.10-41
Sec. 17. NRS 639.125 is hereby repealed.11-1
Sec. 18. Notwithstanding the amendatory provisions of NRS 639.180,11-2
any existing certificate, license or permit issued by the state board of11-3
pharmacy pursuant to chapter 639 of NRS is valid until the expiration date11-4
of the certificate, license or permit and all renewals made after that date11-5
expire on October 31 of each even-numbered year or on October 31 of each11-6
odd-numbered year as provided by the amendatory provisions of NRS11-7
639.180.
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TEXT OF REPEALED SECTION11-9
NRS 639.125 "Year of practical pharmaceutical experience"11-10
defined.11-11
1. For the purpose of subsection 4 of NRS 639.120, a year of practical11-12
pharmaceutical experience must consist of not less than 1,500 hours, of11-13
which not more than 500 hours may be obtained in a structured clinical11-14
program of an accredited college of pharmacy and not less than 1,000 hours11-15
are performed in a pharmacy under the direct and immediate supervision of11-16
a pharmacist.11-17
2. Such experience may not be accepted unless the applicant has11-18
completed sufficient educational requirements as established by the board.11-19
3. Such experience must relate primarily to the selling of drugs,11-20
poisons and devices, the compounding and dispensing of prescriptions,11-21
preparing prescriptions and keeping records and preparing reports required11-22
by state and federal statutes.11-23
4. The board may, in its discretion, accept evidence of compliance with11-24
the requirements of subsection 4 of NRS 639.120 from boards of pharmacy11-25
of other states in which the experience requirement is equivalent to the11-26
requirements in this state.~