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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public health; authorizing certain persons to possess and administer controlled substances and dangerous drugs; and providing other matters properly relating thereto.

 

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:

1-2 453.126 "Practitioner" means:

1-3 1. A physician, dentist, veterinarian or podiatric physician who holds a

1-4 valid license to practice his profession in this state and is registered

1-5 pursuant to this chapter.

1-6 2. An advanced practitioner of nursing who holds a certificate from the

1-7 state board of nursing and a certificate from the state board of pharmacy

1-8 permitting him to dispense controlled substances.

1-9 3. A scientific investigator or a pharmacy, hospital or other institution

1-10 licensed, registered or otherwise permitted by this state to distribute,

1-11 dispense, conduct research with respect to, to administer, or use in teaching

1-12 or chemical analysis, a controlled substance in the course of professional

1-13 practice or research.

1-14 4. A euthanasia technician who is licensed by the Nevada state board

1-15 of veterinary medical examiners and registered pursuant to this chapter,

2-1 when he possesses or administers [sodium pentobarbital] a controlled

2-2 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 certificate

2-5 from the state board of osteopathic medicine; and

2-6 (b) Is authorized by the board to possess, administer, prescribe or

2-7 dispense controlled substances under the supervision of a physician or

2-8 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:

2-10 453.375 A controlled substance may be possessed and administered by

2-11 the following persons:

2-12 1. A practitioner.

2-13 2. A registered nurse licensed to practice professional nursing or

2-14 licensed practical nurse, at the direction of a physician, physician’s

2-15 assistant, dentist, podiatric physician or advanced practitioner of nursing, or

2-16 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 than

2-20 100,000; or

2-21 (2) A county or district board of health in a county whose population

2-22 is 100,000 or more; and

2-23 (b) In accordance with any applicable regulations of:

2-24 (1) The state board of health in a county whose population is less than

2-25 100,000;

2-26 (2) A county board of health in a county whose population is 100,000

2-27 or more; or

2-28 (3) A district board of health created pursuant to NRS 439.370 in any

2-29 county.

2-30 4. A respiratory therapist, at the direction of a physician or physician’s

2-31 assistant.

2-32 5. A medical student, student in training to become a physician’s

2-33 assistant or student nurse in the course of his studies at an approved college

2-34 of medicine or school of professional or practical nursing, at the direction

2-35 of a physician or physician’s assistant and:

2-36 (a) In the presence of a physician, physician’s assistant or a registered

2-37 nurse; or

2-38 (b) Under the supervision of a physician, physician’s assistant or a

2-39 registered nurse if the student is authorized by the college or school to

2-40 administer the substance outside the presence of a physician, physician’s

2-41 assistant or nurse.

2-42 A medical student or student nurse may administer a controlled substance

2-43 in the presence or under the supervision of a registered nurse alone only if

3-1 the circumstances are such that the registered nurse would be authorized to

3-2 administer it personally.

3-3 6. An ultimate user or any person whom the ultimate user designates

3-4 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 supervising

3-7 veterinarian.

3-8 9. In accordance with applicable regulations of the state board of

3-9 health, an employee of a residential facility for groups, as defined in NRS

3-10 449.017, pursuant to a written agreement entered into by the ultimate user.

3-11 10. In accordance with applicable regulations of the state board of

3-12 pharmacy, an animal control officer, a wildlife biologist or an employee

3-13 designated by a federal, state or local governmental agency whose duties

3-14 include the control of domestic, wild and predatory animals.

3-15 Sec. 3. NRS 453.381 is hereby amended to read as follows:

3-16 453.381 1. In addition to the limitations imposed by NRS 453.256, a

3-17 physician, physician’s assistant, dentist or podiatric physician may

3-18 prescribe or administer controlled substances only for a legitimate medical

3-19 purpose and in the usual course of his professional practice, and he shall

3-20 not prescribe, administer or dispense a controlled substance listed in

3-21 schedule II for himself, his spouse or his children except in cases of

3-22 emergency.

3-23 2. A veterinarian, in the course of his professional practice only, and

3-24 not for use by a human being, may prescribe, possess and administer

3-25 controlled substances, and he may cause them to be administered by a

3-26 veterinary technician under his direction and supervision.

3-27 3. A euthanasia technician, within the scope of his license, and not for

3-28 use by a human being, may possess and administer [sodium pentobarbital.]

3-29 a controlled substance.

3-30 4. A pharmacist shall not fill an order which purports to be a

3-31 prescription if he has reason to believe that it was not issued in the usual

3-32 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’s

3-35 assistant, dentist, podiatric physician or veterinarian any controlled

3-36 substance for administration to a patient during the absence of the

3-37 physician, physician’s assistant, dentist, podiatric physician or veterinarian

3-38 shall return to him any unused portion of the substance when it is no longer

3-39 required by the patient.

3-40 6. A manufacturer, wholesale supplier or other person legally able to

3-41 furnish or sell any controlled substance listed in schedule II shall not

3-42 provide samples of such a controlled substance to registrants.

4-1 7. A salesman of any manufacturer or wholesaler of pharmaceuticals

4-2 shall not possess, transport or furnish any controlled substance listed in

4-3 schedule II.

4-4 8. A person shall not dispense a controlled substance in violation of a

4-5 regulation adopted by the board.

4-6 Sec. 4. NRS 454.213 is hereby amended to read as follows:

4-7 454.213 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 physician

4-11 or a licensed dental hygienist acting in the office of and under the

4-12 supervision of a dentist.

4-13 3. [A] Except as otherwise provided in subsection 4, a registered

4-14 nurse licensed to practice professional nursing or licensed practical nurse,

4-15 at the direction of a prescribing physician, dentist, podiatric physician or

4-16 advanced practitioner of nursing, or pursuant to a chart order, for

4-17 administration to a patient at another location.

4-18 4. In accordance with applicable regulations of the board, a

4-19 registered nurse licensed to practice professional nursing or licensed

4-20 practical nurse who is:

4-21 (a) Employed by a health care agency or health care facility that is

4-22 authorized to provide emergency care, or to respond to the immediate

4-23 needs of a patient, in the residence of the patient; and

4-24 (b) Acting under the direction of the medical director of that agency

4-25 or facility who works in this state.

4-26 5. An intermediate emergency medical technician or an advanced

4-27 emergency medical technician, as authorized by regulation of the state

4-28 board of pharmacy and in accordance with any applicable regulations of:

4-29 (a) The state board of health in a county whose population is less than

4-30 100,000;

4-31 (b) A county board of health in a county whose population is 100,000 or

4-32 more; or

4-33 (c) A district board of health created pursuant to NRS 439.370 in any

4-34 county.

4-35 [5.] 6. A respiratory therapist employed in a health care facility. The

4-36 therapist may possess and administer respiratory products only at the

4-37 direction of a physician.

4-38 [6.] 7. A dialysis technician, under the direction or supervision of a

4-39 physician or registered nurse only if the drug or medicine is used for the

4-40 process of renal dialysis.

4-41 [7.] 8. A medical student or student nurse in the course of his studies

4-42 at an approved college of medicine or school of professional or practical

4-43 nursing, at the direction of a physician and:

5-1 (a) In the presence of a physician or a registered nurse; or

5-2 (b) Under the supervision of a physician or a registered nurse if the

5-3 student is authorized by the college or school to administer the drug or

5-4 medicine outside the presence of a physician or nurse.

5-5 A medical student or student nurse may administer a dangerous drug in the

5-6 presence or under the supervision of a registered nurse alone only if the

5-7 circumstances are such that the registered nurse would be authorized to

5-8 administer it personally.

5-9 [8.] 9. Any person designated by the head of a correctional institution.

5-10 [9.] 10. An ultimate user or any person designated by the ultimate user

5-11 pursuant to a written agreement.

5-12 [10.] 11. A nuclear medicine technologist, at the direction of a

5-13 physician and in accordance with any conditions established by regulation

5-14 of the board.

5-15 [11.] 12. A radiologic technologist, at the direction of a physician and

5-16 in accordance with any conditions established by regulation of the board.

5-17 [12.] 13. A chiropractic physician, but only if the drug or medicine is a

5-18 topical drug used for cooling and stretching external tissue during

5-19 therapeutic treatments.

5-20 [13.] 14. A physical therapist, but only if the drug or medicine is a

5-21 topical drug which is:

5-22 (a) Used for cooling and stretching external tissue during therapeutic

5-23 treatments; and

5-24 (b) Prescribed by a licensed physician for:

5-25 (1) Iontophoresis; or

5-26 (2) The transmission of drugs through the skin using ultrasound.

5-27 [14.] 15. In accordance with applicable regulations of the state board

5-28 of health, an employee of a residential facility for groups, as defined in

5-29 NRS 449.017, pursuant to a written agreement entered into by the ultimate

5-30 user.

5-31 [15.] 16. A veterinary technician at the direction of his supervising

5-32 veterinarian.

5-33 17. In accordance with applicable regulations of the board, a

5-34 registered pharmacist who:

5-35 (a) Is trained in and certified to carry out standards and practices for

5-36 immunization programs;

5-37 (b) Is authorized to administer immunizations to persons who are 18

5-38 years of age or older pursuant to written protocols from a physician who

5-39 is licensed to practice medicine in this state; and

5-40 (c) Administers immunizations to persons who are 18 years of age or

5-41 older in compliance with the "Standards of Immunization Practices"

5-42 recommended and approved by the United States Public Health Service

5-43 Advisory Committee on Immunization Practices.

6-1 Sec. 5. NRS 638.005 is hereby amended to read as follows:

6-2 638.005 "Euthanasia technician" means an employee of a law

6-3 enforcement agency, an animal control agency, or of a society for the

6-4 prevention of cruelty to animals that is in compliance with the provisions of

6-5 chapter 574 of NRS, who is licensed by the board and trained to administer

6-6 [sodium pentobarbital] controlled substances to euthanize injured, sick,

6-7 homeless or unwanted domestic pets and other animals.

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