2001 REGULAR SESSION (71st) A SB91 R1 699
Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of SB91 R1 (§ 27).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend sec. 59, page 27, line 13, by deleting:
“department of human resources.” and inserting “department.”.
Amend sec. 59, page 27, lines 15 and 16, by deleting:
“department of human resources.” and inserting “department.”.
Amend sec. 59, page 27, by deleting lines 19 and 20 and inserting:
“(a) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS;”.
Amend sec. 59, page 27, line 29, by deleting “A” and inserting “The”.
Amend the bill as a whole by renumbering sections 77.1 through 77.5 as sections 78 through 80.
Amend the bill as a whole by deleting sec. 78, renumbering sections 79 through 82 as sections 92 through 95, and adding new sections designated sections 81 through 91, following sec. 77.5, to read as follows:
“Sec. 81. Section 2 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 2. NRS 639.0125 is hereby amended to read as follows:
639.0125 “Practitioner” means:
1. A physician, dentist, veterinarian or podiatric physician who holds a [valid] license to practice his profession in this state;
2. A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state;
3. An advanced practitioner of nursing who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices; or
4. A physician assistant who:
(a) Holds a license issued by the board of medical examiners; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS.
5. An osteopathic physician’s assistant who:
(a) Holds a certificate issued by the state board of osteopathic medicine; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of an osteopathic physician as required by chapter 633 of NRS.
Sec. 82. Section 4 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 4. NRS 453.038 is hereby amended to read as follows:
453.038 “Chart order” means an order entered on the chart of a patient:
1. In a hospital, facility for intermediate care or facility for skilled nursing which is licensed as such by the health division of the department; or
2. Under emergency treatment in a hospital by a physician, advanced practitioner of nursing, dentist or podiatric physician, or on the written or oral order of a physician, physician assistant, advanced practitioner of nursing, dentist or podiatric physician authorizing the administration of a drug to the patient.
Sec. 83. Section 5 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 5. NRS 453.091 is hereby amended to read as follows:
453.091 1. “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.
2. “Manufacture” does not include the preparation or compounding of a substance by a person for his own use or the preparation, compounding, packaging or labeling of a substance by a physician, physician assistant, dentist, podiatric physician , advanced practitioner of nursing or veterinarian:
(a) As an incident to his administering or dispensing of a substance in the course of his professional practice; or
(b) By his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.
Sec. 84. Section 6 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 6. NRS 453.126 is hereby amended to read as follows:
453.126 “Practitioner” means:
1. A physician, dentist, veterinarian or podiatric physician who holds a license to practice his profession in this state and is registered pursuant to this chapter.
2. An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy authorizing him to dispense or to prescribe and dispense controlled substances.
3. A scientific investigator or a pharmacy, hospital or other institution licensed, registered or otherwise authorized in this state to distribute, dispense, conduct research with respect to, to administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.
4. A euthanasia technician who is licensed by the Nevada state board of veterinary medical examiners and registered pursuant to this chapter, while he possesses or administers sodium pentobarbital pursuant to his license and registration.
5. A physician assistant who:
(a) Holds a license from the board of medical examiners; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances under the supervision of a physician as required by chapter 630 of NRS.
6. An osteopathic physician’s assistant who:
(a) Holds a certificate from the state board of osteopathic medicine; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances under the supervision of an osteopathic physician as required by chapter 633 of NRS.
7. An optometrist who is certified by the Nevada state board of optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.
Sec. 85. Section 7 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 7. NRS 453.128 is hereby amended to read as follows:
453.128 1. “Prescription” means:
(a) An order given individually for the person for whom prescribed, directly from a physician, osteopathic physician’s assistant, physician assistant, dentist, podiatric physician, optometrist , advanced practitioner of nursing or veterinarian, or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner or an electronic transmission from the practitioner to a pharmacist; or
(b) A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.
2. The term does not include a chart order written for an inpatient for use while he is an inpatient.
Sec. 86. Section 8 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 8. NRS 453.226 is hereby amended to read as follows:
453.226 1. Every practitioner or other person who dispenses any controlled substance within this state or who proposes to engage in the dispensing of any controlled substance within this state shall obtain biennially a registration issued by the board in accordance with its regulations.
2. A person registered by the board in accordance with the provisions of NRS 453.011 to 453.552, inclusive, to dispense or conduct research with controlled substances may possess, dispense or conduct research with those substances to the extent authorized by the registration and in conformity with the other provisions of those sections.
3. The following persons are not required to register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive:
(a) An agent or employee of a registered dispenser of a controlled substance if he is acting in the usual course of his business or employment;
(b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;
(c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, osteopathic physician’s assistant, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian or in lawful possession of a schedule V substance; or
(d) A physician who:
(1) Holds a locum tenens license issued by the board of medical examiners or a temporary license issued by the state board of osteopathic medicine; and
(2) Is registered with the Drug Enforcement Administration at a location outside this state.
4. The board may waive the requirement for registration of certain dispensers if it finds it consistent with the public health and safety.
5. A separate registration is required at each principal place of business or professional practice where the applicant dispenses controlled substances.
6. The board may inspect the establishment of a registrant or applicant for registration in accordance with the board’s regulations.
Sec. 87. Section 9 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 9. NRS 453.336 is hereby amended to read as follows:
453.336 1. A person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, osteopathic physician’s assistant, physician assistant, dentist, podiatric physician, optometrist , advanced practitioner of nursing or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.
2. Except as otherwise provided in subsections 3, 4 and 5 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:
(a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.
(b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
(c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.
(d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.
3. Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided in NRS 212.160, a person who is less than 21 years of age and is convicted of the possession of less than 1 ounce of marijuana:
(a) For the first and second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(b) For a third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
5. Before sentencing under the provisions of subsection 4 for a first offense, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176A.200. After the report is received but before sentence is pronounced the court shall:
(a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and
(b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information.
6. As used in this section, “controlled substance” includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
Sec. 88. Section 10 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 10. NRS 453.371 is hereby amended to read as follows:
453.371 As used in NRS 453.371 to 453.552, inclusive:
1. “Advanced practitioner of nursing” means a person who holds a certificate of recognition granted pursuant to NRS 632.237 and is registered with the board.
2. “Medical intern” means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.
[2. “Physician,” “physician assistant,”]
3. “Pharmacist” means a person who holds a certificate of registration issued pursuant to NRS 639.127 and is registered with the board.
4. “Physician,” “dentist,” “podiatric physician,” [“veterinarian,” “pharmacist”] “veterinarian” and “euthanasia technician” mean persons authorized by a [valid] license to practice their respective professions in this state who are registered with the board.
5. “Physician assistant” means a person who is registered with the board and:
(a) Holds a license issued pursuant to NRS 630.273; or
(b) Holds a certificate issued pursuant to NRS 633.451.
Sec. 89. Section 12 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 12. NRS 453.381 is hereby amended to read as follows:
453.381 1. In addition to the limitations imposed by NRS 453.256, a physician, physician assistant, dentist , advanced practitioner of nursing or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.
2. A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and he may cause them to be administered by a veterinary technician under his direction and supervision.
3. A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.
4. A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian.
5. Any person who has obtained from a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.
6. A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.
7. A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.
8. A person shall not dispense a controlled substance in violation of a regulation adopted by the board.
Sec. 90. Section 13 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 13. NRS 453.391 is hereby amended to read as follows:
453.391 A person shall not:
1. Unlawfully take, obtain or attempt to take or obtain a controlled substance or a prescription for a controlled substance from a manufacturer, wholesaler, pharmacist, physician, physician assistant, dentist, advanced practitioner of nursing, veterinarian or any other person authorized to administer, dispense or possess controlled substances.
2. While undergoing treatment and being supplied with any controlled substance or a prescription for any controlled substance from one practitioner, knowingly obtain any controlled substance or a prescription for a controlled substance from another practitioner without disclosing this fact to the second practitioner.
Sec. 91. 1. NRS 630.272, 630.274, 640B.010, 640B.020, 640B.030, 640B.040, 640B.050, 640B.080, 640B.100, 640B.110 and 640B.150 are hereby repealed.
2. NRS 630.256 is hereby repealed.”.
Amend sec. 81, page 40, line 35, by deleting:
“80, inclusive, and 82” and inserting:
“90, inclusive, subsection 1 of section 91 and sections 92, 93 and 95”.
Amend sec. 81, page 40, line 39, after “3.” by inserting:
“Subsection 2 of section 91 of this act becomes effective at 12:01 a.m. on July 1, 2001.
4.”.