Senate Bill No. 519–Committee on Human Resources
and Facilities
(on Behalf of Board of Pharmacy)
March 22, 1999
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Referred to Committee on Human Resources and Facilities
SUMMARY—Authorizes certain persons to possess and administer controlled substances and dangerous drugs. (BDR 40-456)
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:
1-1
Section 1. NRS 453.126 is hereby amended to read as follows: 453.126 "Practitioner" means:1-3
1. A physician, dentist, veterinarian or podiatric physician who holds a1-4
valid license to practice his profession in this state and is registered1-5
pursuant to this chapter.1-6
2. An advanced practitioner of nursing who holds a certificate from the1-7
state board of nursing and a certificate from the state board of pharmacy1-8
permitting him to dispense controlled substances.1-9
3. A scientific investigator or a pharmacy, hospital or other institution1-10
licensed, registered or otherwise permitted by this state to distribute,1-11
dispense, conduct research with respect to, to administer, or use in teaching1-12
or chemical analysis, a controlled substance in the course of professional1-13
practice or research.1-14
4. A euthanasia technician who is licensed by the Nevada state board1-15
of veterinary medical examiners and registered pursuant to this chapter,2-1
when he possesses or administers2-2
substance pursuant to his license and registration.2-3
5. A physician’s assistant who:2-4
(a) Holds a license from the board of medical examiners or a certificate2-5
from the state board of osteopathic medicine; and2-6
(b) Is authorized by the board to possess, administer, prescribe or2-7
dispense controlled substances under the supervision of a physician or2-8
osteopathic physician as required by chapter 630 or 633 of NRS.2-9
Sec. 2. NRS 453.375 is hereby amended to read as follows: 453.375 A controlled substance may be possessed and administered by2-11
the following persons:2-12
1. A practitioner.2-13
2. A registered nurse licensed to practice professional nursing or2-14
licensed practical nurse, at the direction of a physician, physician’s2-15
assistant, dentist, podiatric physician or advanced practitioner of nursing, or2-16
pursuant to a chart order, for administration to a patient at another location.2-17
3. An advanced emergency medical technician:2-18
(a) As authorized by regulation of:2-19
(1) The state board of health in a county whose population is less than2-20
100,000; or2-21
(2) A county or district board of health in a county whose population2-22
is 100,000 or more; and2-23
(b) In accordance with any applicable regulations of:2-24
(1) The state board of health in a county whose population is less than2-25
100,000;2-26
(2) A county board of health in a county whose population is 100,0002-27
or more; or2-28
(3) A district board of health created pursuant to NRS 439.370 in any2-29
county.2-30
4. A respiratory therapist, at the direction of a physician or physician’s2-31
assistant.2-32
5. A medical student, student in training to become a physician’s2-33
assistant or student nurse in the course of his studies at an approved college2-34
of medicine or school of professional or practical nursing, at the direction2-35
of a physician or physician’s assistant and:2-36
(a) In the presence of a physician, physician’s assistant or a registered2-37
nurse; or2-38
(b) Under the supervision of a physician, physician’s assistant or a2-39
registered nurse if the student is authorized by the college or school to2-40
administer the substance outside the presence of a physician, physician’s2-41
assistant or nurse.2-42
A medical student or student nurse may administer a controlled substance2-43
in the presence or under the supervision of a registered nurse alone only if3-1
the circumstances are such that the registered nurse would be authorized to3-2
administer it personally.3-3
6. An ultimate user or any person whom the ultimate user designates3-4
pursuant to a written agreement.3-5
7. Any person designated by the head of a correctional institution.3-6
8. A veterinary technician at the direction of his supervising3-7
veterinarian.3-8
9. In accordance with applicable regulations of the state board of3-9
health, an employee of a residential facility for groups, as defined in NRS3-10
449.017, pursuant to a written agreement entered into by the ultimate user.3-11
10. In accordance with applicable regulations of the state board of3-12
pharmacy, an animal control officer, a wildlife biologist or an employee3-13
designated by a federal, state or local governmental agency whose duties3-14
include the control of domestic, wild and predatory animals.3-15
Sec. 3. NRS 453.381 is hereby amended to read as follows: 453.381 1. In addition to the limitations imposed by NRS 453.256, a3-17
physician, physician’s assistant, dentist or podiatric physician may3-18
prescribe or administer controlled substances only for a legitimate medical3-19
purpose and in the usual course of his professional practice, and he shall3-20
not prescribe, administer or dispense a controlled substance listed in3-21
schedule II for himself, his spouse or his children except in cases of3-22
emergency.3-23
2. A veterinarian, in the course of his professional practice only, and3-24
not for use by a human being, may prescribe, possess and administer3-25
controlled substances, and he may cause them to be administered by a3-26
veterinary technician under his direction and supervision.3-27
3. A euthanasia technician, within the scope of his license, and not for3-28
use by a human being, may possess and administer3-29
a controlled substance.3-30
4. A pharmacist shall not fill an order which purports to be a3-31
prescription if he has reason to believe that it was not issued in the usual3-32
course of the professional practice of a physician, physician’s assistant,3-33
dentist, podiatric physician or veterinarian.3-34
5. Any person who has obtained from a physician, physician’s3-35
assistant, dentist, podiatric physician or veterinarian any controlled3-36
substance for administration to a patient during the absence of the3-37
physician, physician’s assistant, dentist, podiatric physician or veterinarian3-38
shall return to him any unused portion of the substance when it is no longer3-39
required by the patient.3-40
6. A manufacturer, wholesale supplier or other person legally able to3-41
furnish or sell any controlled substance listed in schedule II shall not3-42
provide samples of such a controlled substance to registrants.4-1
7. A salesman of any manufacturer or wholesaler of pharmaceuticals4-2
shall not possess, transport or furnish any controlled substance listed in4-3
schedule II.4-4
8. A person shall not dispense a controlled substance in violation of a4-5
regulation adopted by the board.4-6
Sec. 4. NRS 454.213 is hereby amended to read as follows: 454.213 A drug or medicine referred to in NRS 454.181 to 454.371,4-8
inclusive, may be possessed and administered by:4-9
1. A practitioner.4-10
2. A physician’s assistant at the direction of his supervising physician4-11
or a licensed dental hygienist acting in the office of and under the4-12
supervision of a dentist.4-13
3.4-14
nurse licensed to practice professional nursing or licensed practical nurse,4-15
at the direction of a prescribing physician, dentist, podiatric physician or4-16
advanced practitioner of nursing, or pursuant to a chart order, for4-17
administration to a patient at another location.4-18
4. In accordance with applicable regulations of the board, a4-19
registered nurse licensed to practice professional nursing or licensed4-20
practical nurse who is employed by a health care agency or health care4-21
facility that is authorized to provide emergency care, or to respond to the4-22
immediate needs of a patient, in the residence of the patient.4-23
5. An intermediate emergency medical technician or an advanced4-24
emergency medical technician, as authorized by regulation of the state4-25
board of pharmacy and in accordance with any applicable regulations of:4-26
(a) The state board of health in a county whose population is less than4-27
100,000;4-28
(b) A county board of health in a county whose population is 100,000 or4-29
more; or4-30
(c) A district board of health created pursuant to NRS 439.370 in any4-31
county.4-32
4-33
therapist may possess and administer respiratory products only at the4-34
direction of a physician.4-35
4-36
physician or registered nurse only if the drug or medicine is used for the4-37
process of renal dialysis.4-38
4-39
at an approved college of medicine or school of professional or practical4-40
nursing, at the direction of a physician and:4-41
(a) In the presence of a physician or a registered nurse; or5-1
(b) Under the supervision of a physician or a registered nurse if the5-2
student is authorized by the college or school to administer the drug or5-3
medicine outside the presence of a physician or nurse.5-4
A medical student or student nurse may administer a dangerous drug in the5-5
presence or under the supervision of a registered nurse alone only if the5-6
circumstances are such that the registered nurse would be authorized to5-7
administer it personally.5-8
5-9
5-10
pursuant to a written agreement.5-11
5-12
physician and in accordance with any conditions established by regulation5-13
of the board.5-14
5-15
in accordance with any conditions established by regulation of the board.5-16
5-17
topical drug used for cooling and stretching external tissue during5-18
therapeutic treatments.5-19
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topical drug which is:5-21
(a) Used for cooling and stretching external tissue during therapeutic5-22
treatments; and5-23
(b) Prescribed by a licensed physician for:5-24
(1) Iontophoresis; or5-25
(2) The transmission of drugs through the skin using ultrasound.5-26
5-27
of health, an employee of a residential facility for groups, as defined in5-28
NRS 449.017, pursuant to a written agreement entered into by the ultimate5-29
user.5-30
5-31
veterinarian.5-32
17. In accordance with applicable regulations of the board, a5-33
registered pharmacist who:5-34
(a) Is trained in and certified to carry out standards and practices for5-35
immunization programs;5-36
(b) Is authorized to administer immunizations pursuant to written5-37
protocols from a physician; and5-38
(c) Administers immunizations in compliance with the "Standards of5-39
Immunization Practices" recommended and approved by the United5-40
States Public Health Service Advisory Committee on Immunization5-41
Practices.6-1
Sec. 5. NRS 638.005 is hereby amended to read as follows: 638.005 "Euthanasia technician" means an employee of a law6-3
enforcement agency, an animal control agency, or of a society for the6-4
prevention of cruelty to animals that is in compliance with the provisions of6-5
chapter 574 of NRS, who is licensed by the board and trained to administer6-6
6-7
homeless or unwanted domestic pets and other animals.~