SB397_EN

Senate Bill No. 397–Senators Wiener, Mathews, Neal, Rawson, Care, McGinness, Porter and Shaffer

CHAPTER..........

AN ACT relating to drugs; prohibiting certain acts related to drugs and Internet pharmacies; prohibiting practitioners and other persons from prescribing prescription drugs under certain circumstances; providing the attorney general with jurisdiction to prosecute certain acts related to drugs and Internet pharmacies; revising various provisions related to controlled substances and other substances and drugs; requiring the state board of pharmacy to adopt certain regulations related to Internet pharmacies; providing penalties; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 453 of NRS is hereby amended by adding thereto

the provisions set forth as sections 2 to 12, inclusive, of this act.

Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the

context otherwise requires, the words and terms defined in sections 3 to

7, inclusive, of this act have the meanings ascribed to them in those

sections.

Sec. 3. “Dangerous drug” has the meaning ascribed to it in

NRS 454.201.

Sec. 4. 1. “Illegal Internet pharmacy” means a person located

within or outside this state who is not licensed and certified by the board

pursuant to chapter 639 of NRS to engage in the practice of pharmacy

via the Internet and who knowingly:

(a) Uses or attempts to use the Internet, in whole or in part, to

communicate with or obtain information from another person; and

(b) Uses or attempts to use such communication or information, in

whole or in part, to:

(1) Fill or refill a prescription for a prescription drug for the other

person; or

(2) Deliver or cause, allow or aid in the delivery of a controlled

substance, imitation controlled substance, counterfeit substance or

prescription drug to the other person.

2. The term does not include a person who is authorized by the

provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12,

inclusive, of this act to dispense or distribute, unless the person is acting

outside of that authorization.

Sec. 5. “Imitation controlled substance” has the meaning ascribed

to it in NRS 453.332.

Sec. 6. 1. “Internet” means:

(a) The computer network commonly known as the Internet and any

other computer network that is similar to or is a predecessor or successor

of the Internet; and

(b) Any identifiable site on the Internet or such other computer

network.

2. The term includes, without limitation:

(a) A website or other similar site on the World Wide Web;

(b) A site that is identifiable through a Uniform Resource Location;

administered or controlled by a provider of Internet service;

(d) An electronic bulletin board;

(e) A list server;

(f) A newsgroup; or

(g) A chat room.

Sec. 7. “Prescription drug” means:

1. A controlled substance or dangerous drug that may be dispensed

to an ultimate user only pursuant to a lawful prescription; and

2. Any other substance or drug substituted for such a controlled

substance or dangerous drug.

Sec. 8. For the purposes of sections 2 to 12, inclusive, of this act, a

person has “reasonable cause to believe” if, in light of all the

surrounding facts and circumstances which are known or which

reasonably should be known to the person at the time, a reasonable

person would believe, under those facts and circumstances, that an act,

transaction, event, situation or condition exists, is occurring or has

occurred.

Sec. 9. The provisions of sections 2 to 12, inclusive, of this act do not

apply to a person who is:

1. A common or contract carrier or warehouseman, or an employee

thereof, unless the person is acting outside of the usual course of his

business or employment and knows or has reasonable cause to believe

that the act or transaction is unlawful.

2. The intended recipient of a substance or drug, unless the intended

recipient knows or has reasonable cause to believe that the act or

transaction is unlawful.

Sec. 10. 1. A person who is located within this state and who owns,

operates, controls, profits from or is employed or paid by an illegal

Internet pharmacy shall not:

(a) Fill or refill a prescription for a prescription drug for another

person located within or outside this state; or

(b) Deliver or cause, allow or aid in the delivery of a controlled

substance, imitation controlled substance, counterfeit substance or

prescription drug to another person located within or outside this state.

2. A person who is located outside this state, who owns, operates,

controls, profits from or is employed or paid by an illegal Internet

pharmacy and who knows or has reasonable cause to believe that

another person is located within this state shall not:

(a) Fill or refill a prescription for a prescription drug for the other

person; or

(b) Deliver or cause, allow or aid in the delivery of a controlled

substance, imitation controlled substance, counterfeit substance or

prescription drug to the other person.

3. A person shall not knowingly aid another person in any act or

transaction that violates the provisions of this section.

4. Except as otherwise provided in subsection 5, a person who

violates the provisions of this section is guilty of a category C felony and

shall be punished as provided in NRS 193.130.

5. A person who violates the provisions of this section 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 3 years and a maximum term

of not more than 15 years, and may be further punished by a fine of not

more than $100,000, if the substance or drug involved:

(a) Is classified in schedule I; or

(b) Proximately causes substantial bodily harm to or the death of the

intended recipient of the substance or drug or any other person.

6. The court shall not grant probation to or suspend the sentence of a

person punished pursuant to subsection 5.

7. A person may be prosecuted, convicted and punished for a

violation of this section whether or not the person is prosecuted,

convicted or punished for a violation of any other statute based upon the

same act or transaction.

Sec. 11. 1. A practitioner who is located within this state shall not

prescribe a prescription drug for another person located within or

outside this state if:

(a) The practitioner has not physically examined the other person

within the 6 months immediately preceding the date on which the

prescription is issued; and

(b) The practitioner knows or has reasonable cause to believe that an

illegal Internet pharmacy will fill the prescription or otherwise use the

prescription to deliver or cause, allow or aid in the delivery of the

prescription drug to the other person.

2. A practitioner who is located outside this state and who knows or

has reasonable cause to believe that another person is located within this

state shall not prescribe a prescription drug for the other person if:

(a) The practitioner has not physically examined the other person

within the 6 months immediately preceding the date on which the

prescription is issued; and

(b) The practitioner knows or has reasonable cause to believe that an

illegal Internet pharmacy will fill the prescription or otherwise use the

prescription to deliver or cause, allow or aid in the delivery of the

prescription drug to the other person.

3. A person who is located outside this state, who is licensed by

another jurisdiction to prescribe prescription drugs and who knows or

has reasonable cause to believe that another person is located within this

state shall not prescribe a prescription drug for the other person if:

(a) The person has not physically examined the other person within

the 6 months immediately preceding the date on which the prescription is

issued; and

(b) The person knows or has reasonable cause to believe that an

illegal Internet pharmacy will fill the prescription or otherwise use the

prescription to deliver or cause, allow or aid in the delivery of the

prescription drug to the other person.

4. A person shall not knowingly aid another person in any act or

transaction that violates the provisions of this section.

5. Except as otherwise provided in subsection 6, a practitioner or any

other person who violates the provisions of this section is guilty of a

category C felony and shall be punished as provided in NRS 193.130.

6. A practitioner or any other person who violates the provisions of

this section 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 3

years and a maximum term of not more than 15 years, and may be

further punished by a fine of not more than $100,000, if the substance or

drug involved:

(a) Is classified in schedule I; or

(b) Proximately causes substantial bodily harm to or the death of the

intended recipient of the substance or drug or any other person.

7. The court shall not grant probation to or suspend the sentence of a

practitioner or any other person punished pursuant to subsection 6.

8. A practitioner or any other person may be prosecuted, convicted

and punished for a violation of this section whether or not the

practitioner or person is prosecuted, convicted or punished for violating

any other specific statute based upon the same act or transaction.

Sec. 12. 1. The attorney general has concurrent jurisdiction with

the district attorneys of this state for the enforcement of the provisions of

sections 2 to 12, inclusive, of this act.

2. The attorney general may investigate and prosecute a practitioner

or any other person who violates the provisions of:

(a) Sections 2 to 12, inclusive, of this act; and

(b) Any other statute if the violation is committed by the practitioner

or person in the course of committing a violation described in

paragraph (a).

3. When acting pursuant to this section, the attorney general may

commence his investigation and file a criminal action without leave of

court, and the attorney general has exclusive charge of the conduct of

the prosecution.

Sec. 13. NRS 453.146 is hereby amended to read as follows:

453.146 1. The board shall administer the provisions of NRS

453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act

and may add substances to or delete or reschedule all substances

enumerated in schedules I, II, III, IV and V by regulation.

2. In making a determination regarding a substance, the board shall

consider the following:

(a) The actual or relative potential for abuse;

(b) The scientific evidence of its pharmacological effect, if known;

(d) The history and current pattern of abuse;

(e) The scope, duration and significance of abuse;

(f) The risk to the public health;

(g) The potential of the substance to produce psychic or physiological

dependence liability; and

(h) Whether the substance is an immediate precursor of a controlled

substance.

3. The board may consider findings of the federal Food and Drug

Administration or the Drug Enforcement Administration as prima facie

evidence relating to one or more of the determinative factors.

4. After considering the factors enumerated in subsection 2 , the board

shall make findings with respect thereto and adopt a regulation controlling

the substance if it finds the substance has a potential for abuse.

5. The board shall designate as a controlled substance a steroid or

other product which is used to enhance athletic performance, muscle mass,

strength or weight without medical necessity. The board may not designate

as a controlled substance an anabolic steroid which is:

(a) Expressly intended to be administered through an implant to cattle,

poultry or other animals; and

(b) Approved by the Food and Drug Administration for such use.

Sec. 14. NRS 453.211 is hereby amended to read as follows:

453.211 1. The board shall:

(a) Review the schedules annually and maintain a list of current

schedules.

(b) Upon the revision of a schedule, cause a copy of the revised

schedule to be sent to each district attorney, public defender and judge in

the State of Nevada.

the public upon request. The board may charge a reasonable fee for

providing the copies.

2. Failure to publish revised schedules is not a defense in any

administrative or judicial proceeding under NRS 453.011 to 453.552,

inclusive[.] , and sections 2 to 12, inclusive, of this act.

Sec. 15. NRS 453.2182 is hereby amended to read as follows:

453.2182 If a substance is designated, rescheduled or deleted as a

controlled substance pursuant to federal law, the board shall similarly treat

the substance pursuant to the provisions of NRS 453.011 to 453.552,

inclusive, and sections 2 to 12, inclusive, of this act after the expiration of

60 days from publication in the Federal Register of a final order

designating a substance as a controlled substance or rescheduling or

deleting a substance or from the date of issuance of an order of temporary

scheduling under Section 508 of the federal Dangerous Drug Diversion

Control Act of 1984 , [(]21 U.S.C. § 811(h) , [),] unless within the 60-day

period, the board or an interested party objects to the treatment of the

substance. If no objection is made, the board shall adopt, without making

the determinations or findings required by subsections 1 to 4, inclusive, of

NRS 453.146 or NRS 453.166, 453.176, 453.186, 453.196[, 453.206 or

subsections 1 to 4, inclusive, of NRS 453.146,] or 453.206, a final

regulation treating the substance. If an objection is made, the board shall

make a determination with respect to the treatment of the substance as

provided by subsections 1 to 4, inclusive, of NRS 453.146. Upon receipt of

an objection to the treatment by the board, the board shall publish notice of

the receipt of the objection, and action by the board is stayed until the

board adopts a regulation as provided by subsection 4 of NRS 453.146.

Sec. 16. NRS 453.219 is hereby amended to read as follows:

453.219 A controlled substance analog, to the extent intended for

human consumption, must be treated, for the purposes of NRS 453.011 to

453.552, inclusive, and sections 2 to 12, inclusive, of this act as a

substance included in schedule I. Within 30 days after the initiation of

prosecution with respect to a controlled substance analog by indictment or

information, the district attorney shall notify the board of information

relevant to scheduling by extraordinary regulation as provided for in NRS

453.2184. If the board finally determines, that the controlled substance

analog should not be scheduled, no prosecution relating to that substance as

a controlled substance analog may be commenced or continued.

Sec. 17. NRS 453.233 is hereby amended to read as follows:

453.233 Upon the conviction of any person required to be registered

under the provisions of NRS 453.011 to 453.552, inclusive, and sections 2

to 12, inclusive, of this act of violation of any federal or state law relating

to any controlled substance, the prosecuting attorney shall cause copies of

the judgment of conviction to be sent to the board and to any other

licensing agency by whom the convicted person has been licensed or

registered under the laws of the State of Nevada to engage in the practice

of his business or profession.

Sec. 18. NRS 453.246 is hereby amended to read as follows:

453.246 Persons registered to dispense controlled substances pursuant

to the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to

12, inclusive, of this act shall keep records and maintain inventories in

conformance with the recordkeeping and inventory requirements of state

and federal law and with any additional regulations the board issues.

Sec. 19. NRS 453.271 is hereby amended to read as follows:

453.271 Any officer or employee of the division designated by his

appointing authority may:

1. Carry firearms in the performance of his official duties;

2. Execute and serve search warrants, arrest warrants, administrative

inspection warrants, subpoenas and summonses issued under the authority

of this state;

3. Make arrests without warrant for any offense under the provisions

of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of

this act committed in his presence, or if he has probable cause to believe

that the person to be arrested has committed or is committing a violation of

such sections which may constitute a felony;

4. Make seizures of property pursuant to the provisions of NRS

453.011 to 453.552, inclusive [;] , and sections 2 to 12, inclusive, of this

act; or

5. Perform other law enforcement duties as the division designates.

Sec. 20. NRS 453.276 is hereby amended to read as follows:

453.276 The board or the attorney general may bring an action to

enjoin any act which would be in violation of the provisions of this chapter.

Such an action must be commenced in the district court for the county in

which the act is to occur and must be in conformity with Rule 65 of the

Nevada Rules of Civil Procedure, except that the board or the attorney

general is not required to allege facts necessary to show or tending to show

lack of adequate remedy at law or irreparable damage or loss. The action

must be brought in the name of the State of Nevada.

Sec. 21. NRS 453.281 is hereby amended to read as follows:

453.281 1. It is not necessary for the state to negate any exemption

or exception in the provisions of NRS 453.011 to 453.552, inclusive, and

sections 2 to 12, inclusive, of this act in any complaint, information,

indictment or other pleading or in any trial, hearing or other proceeding

under such sections. The burden of proof of any exemption or exception is

upon the person claiming it.

2. In the absence of proof that a person is the duly authorized holder of

an appropriate registration or order form issued under the provisions of

NRS 453.011 to 453.552, inclusive, [he] and sections 2 to 12, inclusive, of

this act:

(a) The person is presumed not to be the holder of the registration or

form[.] ; and

(b) The burden of proof is upon [him] the person to rebut the

presumption.

3. No liability is imposed by the provisions of NRS 453.011 to

453.552, inclusive, and sections 2 to 12, inclusive, of this act upon any

authorized state, county or municipal officer engaged in the lawful

performance of his duties.

Sec. 22. NRS 453.286 is hereby amended to read as follows:

453.286 All final determinations, findings and conclusions of the

board or division under the provisions of NRS 453.011 to 453.552,

inclusive, and sections 2 to 12, inclusive, of this act are final and

conclusive decisions of the matters involved. Any person aggrieved by the

decision is entitled to judicial review of the decision in the manner

provided by chapter 233B of NRS. Findings of fact by the board or

division, if supported by substantial evidence, are conclusive.

Sec. 23. NRS 453.301 is hereby amended to read as follows:

453.301 The following are subject to forfeiture pursuant to NRS

179.1156 to 179.119, inclusive:

1. All controlled substances which have been manufactured,

distributed, dispensed or acquired in violation of the provisions of NRS

453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act

or a law of any other jurisdiction which prohibits the same or similar

conduct.

2. All raw materials, products and equipment of any kind which are

used, or intended for use, in manufacturing, compounding, processing,

delivering, importing or exporting any controlled substance in violation of

the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12,

inclusive, of this act or a law of any other jurisdiction which prohibits the

same or similar conduct.

3. All property which is used, or intended for use, as a container for

property described in subsections 1 and 2.

4. All books, records and research products and materials, including

formulas, microfilm, tapes and data, which are used, or intended for use, in

violation of the provisions of NRS 453.011 to 453.552, inclusive, and

sections 2 to 12, inclusive, of this act or a law of any other jurisdiction

which prohibits the same or similar conduct.

5. All conveyances, including aircraft, vehicles or vessels, which are

used, or intended for use, to transport, or in any manner to facilitate the

transportation, concealment, manufacture or protection, for the purpose of

sale, possession for sale or receipt of property described in subsection 1

or 2.

6. All drug paraphernalia as defined by NRS 453.554 which are used

in violation of NRS 453.560, 453.562 or 453.566 or a law of any other

jurisdiction which prohibits the same or similar conduct, or of an injunction

issued pursuant to NRS 453.558.

7. All imitation controlled substances which have been manufactured,

distributed or dispensed in violation of the provisions of NRS 453.332 or

sections 2 to 12, inclusive, of this act or a law of any other jurisdiction

which prohibits the same or similar conduct.

8. All real property and mobile homes used or intended to be used by

any owner or tenant of the property or mobile home to facilitate a violation

of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to

12, inclusive, of this act, except NRS 453.336, or used or intended to be

used to facilitate a violation of a law of any other jurisdiction which

prohibits the same or similar conduct as prohibited in NRS 453.011 to

453.552, inclusive, and sections 2 to 12, inclusive, of this act, except NRS

453.336. As used in this subsection, “tenant” means any person entitled,

under a written or oral rental agreement, to occupy real property or a

mobile home to the exclusion of others.

9. Everything of value furnished or intended to be furnished in

exchange for a controlled substance in violation of the provisions of NRS

453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act

or a law of any other jurisdiction which prohibits the same or similar

conduct, all proceeds traceable to such an exchange, and all other property

used or intended to be used to facilitate a violation of the provisions of

NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this

act, except NRS 453.336, or used or intended to be used to facilitate a

violation of a law of any other jurisdiction which prohibits the same or

similar conduct as prohibited in NRS 453.011 to 453.552, inclusive, and

sections 2 to 12, inclusive, of this act, except NRS 453.336. If an amount

of cash which exceeds $300 is found in the possession of a person who is

arrested for a violation of NRS 453.337 or 453.338, then there is a

rebuttable presumption that the cash is traceable to an exchange for a

controlled substance and is subject to forfeiture pursuant to this subsection.

10. All firearms, as defined by NRS 202.253, which are in the actual

or constructive possession of a person who possesses or is consuming,

manufacturing, transporting, selling or under the influence of any

controlled substance in violation of the provisions of NRS 453.011 to

453.552, inclusive, and sections 2 to 12, inclusive, of this act or a law of

any other jurisdiction which prohibits the same or similar conduct.

11. All computer hardware, equipment, accessories, software and

programs that are in the actual or constructive possession of a person

who owns, operates, controls, profits from or is employed or paid by an

illegal Internet pharmacy and who violates the provisions of sections 2 to

12, inclusive, of this act or a law of any other jurisdiction which prohibits

the same or similar conduct.

Sec. 24. NRS 453.305 is hereby amended to read as follows:

453.305 1. Whenever a person is arrested for violating any of the

provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12,

inclusive, of this act, except NRS 453.336, and real property or a mobile

home occupied by him as a tenant has been used to facilitate the violation,

the prosecuting attorney responsible for the case shall cause to be delivered

to the owner of the property or mobile home a written notice of the arrest.

2. Whenever a person is convicted of violating any of the provisions of

NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this

act, except NRS 453.336, and real property or a mobile home occupied by

him as a tenant has been used to facilitate the violation, the prosecuting

attorney responsible for the case shall cause to be delivered to the owner of

the property or mobile home a written notice of the conviction.

3. The notices required by this section must:

(a) Be written in language which is easily understood;

(b) Be sent by certified or registered mail, return receipt requested, to

the owner at his last known address;

conviction is entered against the tenant, as the case may be;

(d) Identify the tenant involved and the offense for which he has been

arrested or convicted; and

(e) Advise the owner that:

(1) The property or mobile home is subject to forfeiture pursuant to

NRS [453.301 and] 179.1156 to 179.119, inclusive, and 453.301 unless the

tenant, if convicted, is evicted;

(2) Any similar violation by the same tenant in the future may also

result in the forfeiture of the property unless the tenant has been evicted;

(3) In any proceeding for forfeiture based upon such a violation he

will, by reason of the notice, be deemed to have known of and consented to

the unlawful use of the property or mobile home; and

(4) The provisions of NRS 40.2514 and 40.254 authorize the

supplemental remedy of summary eviction to facilitate his recovery of the

property or mobile home upon such a violation and provide for the

recovery of any reasonable attorney’s fees he incurs in doing so.

4. Nothing in this section shall be deemed to preclude the

commencement of a proceeding for forfeiture or the forfeiture of the

property or mobile home, whether or not the notices required by this

section are given as required, if the proceeding and forfeiture are otherwise

authorized pursuant to NRS [453.301 and] 179.1156 to 179.119, inclusive

[.] , and 453.301.

5. As used in this section, “tenant” means any person entitled under a

written or oral rental agreement to occupy real property or a mobile home

to the exclusion of others.

Sec. 25. NRS 453.311 is hereby amended to read as follows:

453.311 1. Controlled substances listed in schedule I:

(a) That are possessed, transferred, sold or offered for sale in violation

of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to

12, inclusive, of this act are contraband and shall be seized and summarily

forfeited to the state.

(b) Which are seized or come into the possession of the state, the

owners of which are unknown, are contraband and shall be summarily

forfeited to the state.

2. Species of plants from which controlled substances in schedules I

and II may be derived which have been planted or cultivated in violation of

the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12,

inclusive, of this act or of which the owners or cultivators are unknown, or

which are wild growths, may be seized and summarily forfeited to the

state.

3. The failure, upon demand by the division or other law enforcement

agency, or the authorized agent of either, of the person in occupancy or in

control of land or premises upon which the species of plants are growing or

being stored, to produce an appropriate registration, or proof that he is the

holder thereof, constitutes authority for the seizure and forfeiture of the

plants.

Sec. 26. NRS 453.326 is hereby amended to read as follows:

453.326 1. It is unlawful for a person:

(a) To refuse or fail to make, keep or furnish any record, notification,

order form, statement, invoice or information required under the provisions

of NRS 453.011 to 453.552, inclusive[;] , and sections 2 to 12, inclusive,

of this act;

(b) To refuse an entry into any premises for any inspection authorized

by the provisions of NRS 453.011 to 453.552, inclusive[;] , and sections 2

to 12, inclusive, of this act; or

dwelling, building, vehicle, boat, aircraft or other structure or place which

is resorted to by persons using controlled substances in violation of the

provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12,

inclusive, of this act for the purpose of using these substances, or which is

used for keeping or selling them in violation of those sections.

2. A person who violates this section is guilty of a category C felony

and shall be punished as provided in NRS 193.130.

Sec. 27. NRS 453.3363 is hereby amended to read as follows:

453.3363 1. If a person who has not previously been convicted of

any offense pursuant to NRS 453.011 to 453.552, inclusive, and sections 2

to 12, inclusive, of this act or pursuant to any statute of the United States

or of any state relating to narcotic drugs, marijuana, or stimulant,

depressant or hallucinogenic substances tenders a plea of guilty, guilty but

mentally ill, nolo contendere or similar plea to a charge pursuant to NRS

453.336, 453.411 or 454.351, or is found guilty of one of those charges, the

court, without entering a judgment of conviction and with the consent of

the accused, may suspend further proceedings and place him on probation

upon terms and conditions that must include attendance and successful

completion of an educational program or, in the case of a person dependent

upon drugs, of a program of treatment and rehabilitation pursuant to NRS

453.580.

2. Upon violation of a term or condition, the court may enter a

judgment of conviction and proceed as provided in the section pursuant to

which the accused was charged. Notwithstanding the provisions of

paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or

condition, the court may order the person to the custody of the department

of prisons.

3. Upon fulfillment of the terms and conditions, the court shall

discharge the accused and dismiss the proceedings against him. A

nonpublic record of the dismissal must be transmitted to and retained by

the division of parole and probation of the department of motor vehicles

and public safety solely for the use of the courts in determining whether, in

later proceedings, the person qualifies under this section.

4. Except as otherwise provided in subsection 5, discharge and

dismissal under this section is without adjudication of guilt and is not a

conviction for purposes of this section or for purposes of employment, civil

rights or any statute or regulation or license or questionnaire or for any

other public or private purpose, but is a conviction for the purpose of

additional penalties imposed for second or subsequent convictions or the

setting of bail. Discharge and dismissal restores the person discharged, in

the contemplation of the law, to the status occupied before the arrest,

indictment or information. He may not be held thereafter under any law to

be guilty of perjury or otherwise giving a false statement by reason of

failure to recite or acknowledge that arrest, indictment, information or trial

in response to an inquiry made of him for any purpose. Discharge and

dismissal under this section may occur only once with respect to any

person.

5. A professional licensing board may consider a proceeding under this

section in determining suitability for a license or liability to discipline for

misconduct. Such a board is entitled for those purposes to a truthful answer

from the applicant or licensee concerning any such proceeding with respect

to him.

Sec. 28. NRS 453.346 is hereby amended to read as follows:

453.346 1. If a violation of NRS 453.011 to 453.552, inclusive, and

sections 2 to 12, inclusive, of this act is a violation of a federal law or the

law of another state, a conviction or acquittal under federal law or the law

of another state for the same act is a bar to prosecution in this state.

2. The provisions of subsection 1 [shall not apply to] do not prohibit

any licensing board within this state from proceeding administratively to

suspend or revoke any certificate, license or permit held by any person who

has been convicted of a violation of any federal or state controlled

substance law.

Sec. 29. NRS 453.381 is hereby amended to read as follows:

453.381 1. In addition to the limitations imposed by NRS 453.256[,]

and sections 2 to 12, inclusive, of this act, a physician, physician assistant,

dentist 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, podiatric physician or veterinarian.

5. Any person who has obtained from a physician, physician assistant,

dentist, podiatric physician or veterinarian any controlled substance for

administration to a patient during the absence of the physician, physician

assistant, dentist, 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. 30. NRS 453.541 is hereby amended to read as follows:

453.541 The criminal sanction provided in NRS 453.011 to 453.552,

inclusive, and sections 2 to 12, inclusive, of this act does not apply to that

plant of the genus Lophophora commonly known as peyote when such

drug is used as the sacrament in religious rites of any bona fide religious

organization.

Sec. 31. NRS 453.551 is hereby amended to read as follows:

453.551 All agents or inspectors of the board or division, peace

officers, and the attorney general, district attorneys and their deputies

while investigating violations of the provisions of NRS 453.011 to

453.552, inclusive, and sections 2 to 12, inclusive, of this act in

performance of their official duties, and any person working under their

immediate direction, supervision or instruction are immune from

prosecution under the provisions of such sections for acts which would

otherwise be unlawful under such provisions but which are reasonably

necessary in the performance of their official duties.

Sec. 32. NRS 453.552 is hereby amended to read as follows:

453.552 1. Any penalty imposed for violation of NRS 453.011 to

453.551, inclusive, and sections 2 to 12, inclusive, of this act is in addition

to, and not in lieu of, any civil or administrative penalty or sanction

otherwise authorized by law.

2. Any violation of the provisions of NRS 453.011 to 453.551,

inclusive, and sections 2 to 12, inclusive, of this act, where no other

penalty is specifically provided, is a misdemeanor.

Sec. 33. NRS 453.553 is hereby amended to read as follows:

453.553 1. In addition to any criminal penalty imposed for a

violation of the provisions of NRS 453.011 to 453.552, inclusive, and

sections 2 to 12, inclusive, of this act, any person who unlawfully sells,

manufactures, delivers or brings into this state, possesses for sale or

participates in any way in a sale of a controlled substance listed in schedule

I, II or III or who engages in any act or transaction in violation of the

provisions of sections 2 to 12, inclusive, of this act is subject to a civil

penalty for each violation. This penalty must be recovered in a civil action,

brought in the name of the State of Nevada by the attorney general or by

any district attorney in a court of competent jurisdiction.

2. As used in this section and NRS 453.5531, 453.5532 and 453.5533:

(a) “Each violation” includes a continuous or repetitive violation arising

out of the same act.

(b) “Sell” includes exchange, barter, solicitation or receipt of an order,

transfer to another for sale or resale and any other transfer for any

consideration or a promise obtained directly or indirectly.

(1) Was manufactured by a person who at the time was not currently

registered with the Secretary of Health and Human Services; and

(2) Is an imitation of or intended for use as a substitute for a

substance listed in schedule I, II or III.

Sec. 34. NRS 453.5531 is hereby amended to read as follows:

453.5531 1. The State of Nevada is entitled , in a civil action brought

pursuant to NRS 453.553 involving marijuana, to a civil penalty in an

amount:

(a) Not to exceed $350,000, if the quantity involved is 100 pounds or

more, but less than 2,000 pounds.

(b) Not to exceed $700,000, if the quantity involved is 2,000 pounds or

more, but less than 10,000 pounds.

or more.

2. The State of Nevada is entitled, in a civil action brought pursuant to

NRS 453.553 involving a controlled substance, except marijuana, which is

listed in schedule I or a substitute therefor, to a civil penalty in an amount:

(a) Not to exceed $350,000, if the quantity involved is 4 grams or more,

but less than 14 grams.

(b) Not to exceed $700,000, if the quantity involved is 14 grams or

more, but less than 28 grams.

more.

3. The State of Nevada is entitled, in a civil action brought pursuant to

NRS 453.553 involving a controlled substance which is listed in schedule

II or III or a substitute therefor, to a civil penalty in an amount:

(a) Not to exceed $350,000, if the quantity involved is 28 grams or

more, but less than 200 grams.

(b) Not to exceed $700,000, if the quantity involved is 200 grams or

more, but less than 400 grams.

more.

4. Unless a greater civil penalty is authorized by another provision of

this section, the State of Nevada is entitled, in a civil action brought

pursuant to NRS 453.553 involving any act or transaction in violation of

the provisions of sections 2 to 12, inclusive, of this act, to a civil penalty

in an amount not to exceed $350,000.

Sec. 35. NRS 453.5533 is hereby amended to read as follows:

453.5533 1. A civil action brought pursuant to NRS 453.553 must be

brought within 3 years after the conduct in violation of the provisions of

NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this

act occurs.

2. Such a civil action is not barred by a prior acquittal of the defendant

in a criminal action arising out of the same act, transaction or occurrence.

A final judgment or decree rendered in favor of the state in any criminal

proceeding arising out of the same act, transaction or occurrence estops the

defendant in a subsequent civil action from denying the essential

allegations of the criminal offense.

Sec. 36. NRS 453.570 is hereby amended to read as follows:

453.570 The amount of a controlled substance needed to sustain a

conviction of a person for an offense prohibited by the provisions of NRS

453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act is

that amount necessary for identification as a controlled substance by a

witness qualified to make such identification.

Sec. 37. NRS 453.575 is hereby amended to read as follows:

453.575 1. If a defendant pleads guilty or guilty but mentally ill to,

or is found guilty of, any violation of this chapter and an analysis of a

controlled substance or other substance or drug was performed in relation

to his case, the [justice or judge] court shall include in the sentence an

order that the defendant pay the sum of $60 as a fee for the analysis of the

controlled substance[.] or other substance or drug.

2. Except as otherwise provided in this subsection, any money

collected for such an analysis must not be deducted from, and is in addition

to, any fine otherwise imposed by the [justice or judge] court and must be:

(a) Collected from the defendant before or at the same time that the fine

is collected.

(b) Stated separately in the judgment of the court or on the court’s

docket.

3. The money collected pursuant to subsection 1 in any district,

municipal or justice’s court must be paid by the clerk of the court to the

county or city treasurer, as appropriate, on or before the fifth day of each

month for the preceding month.

4. The board of county commissioners of each county shall by

ordinance create in the county treasury a fund to be designated as the fund

for forensic services. The governing body of each city shall create in the

city treasury a fund to be designated as the fund for forensic services. Upon

receipt, the county or city treasurer, as appropriate, shall deposit any fee for

the analyses of controlled substances or other substances or drugs in the

fund. The money from such deposits must be accounted for separately

within the fund.

5. Except as otherwise provided in subsection 6, each month the

treasurer shall, from the money credited to the fund pursuant to subsection

3, pay any amount owed for forensic services and deposit any remaining

money in the county or city general fund, as appropriate.

6. In counties which do not receive forensic services under a contract

with the state, the money deposited in the fund for forensic services

pursuant to subsection 4 must be expended, except as otherwise provided

in this subsection:

(a) To pay for the analyses of controlled substances or other substances

or drugs performed in connection with criminal investigations within the

county;

(b) To purchase and maintain equipment to conduct these analyses; and

conduct these analyses.

Money from the fund must not be expended to cover the costs of analyses

conducted by, equipment used by or training for employees of an analytical

laboratory not registered with the Drug Enforcement Administration of the

United States Department of Justice.

Sec. 38. NRS 40.2514 is hereby amended to read as follows:

40.2514 A tenant of real property or a mobile home for a term less

than life is guilty of an unlawful detainer when he:

1. Assigns or sublets the leased premises contrary to the covenants of

the lease;

2. Commits or permits waste thereon;

3. Sets up or carries on therein or thereon any unlawful business;

4. Suffers, permits or maintains on or about the premises any nuisance;

5. Violates any of the provisions of NRS 453.011 to 453.552,

inclusive, and sections 2 to 12, inclusive, of this act, except NRS 453.336,

therein or thereon,

and remains in possession after service upon him of 3 days’ notice to quit.

Sec. 39. NRS 40.254 is hereby amended to read as follows:

40.254 Except as otherwise provided by specific statute, in addition to

the remedy provided in NRS 40.251 and in NRS 40.290 to 40.420,

inclusive, when the tenant of a dwelling unit which is subject to the

provisions of chapter 118A of NRS, part of a low-rent housing program

operated by a public housing authority, a mobile home or a recreational

vehicle is guilty of an unlawful detainer, the landlord is entitled to the

summary procedures provided in NRS 40.253 except that:

1. Written notice to surrender the premises must:

(a) Be given to the tenant in accordance with the provisions of

NRS 40.280;

(b) Advise the tenant of the court that has jurisdiction over the matter;

and

days an affidavit with the court that has jurisdiction over the matter that he

is not guilty of an unlawful detainer.

2. The affidavit of the landlord or his agent submitted to the justice’s

court or the district court must contain:

(a) The date when the tenancy commenced, the term of the tenancy,

and, if any, a copy of the rental agreement.

(b) The date when the tenancy or rental agreement allegedly terminated.

40.251 to 40.2516, inclusive, together with any supporting facts.

(d) The date when the written notice was given, a copy of the notice and

a statement that notice was served in accordance with NRS 40.280.

(e) A statement that the claim for relief was authorized by law.

3. If the tenant is found guilty of unlawful detainer as a result of his

violation of any of the provisions of NRS 453.011 to 453.552, inclusive,

and sections 2 to 12, inclusive, of this act, except NRS 453.336, the

landlord is entitled to be awarded any reasonable attorney’s fees incurred

by the landlord or his agent as a result of a hearing, if any, held pursuant to

subsection 6 of NRS 40.253 wherein the tenant contested the eviction.

Sec. 40. NRS 179.1164 is hereby amended to read as follows:

179.1164 1. Except as otherwise provided in subsection 2, the

following property is subject to seizure and forfeiture in a proceeding for

forfeiture:

(a) Any proceeds attributable to the commission or attempted

commission of any felony.

(b) Any property or proceeds otherwise subject to forfeiture pursuant to

NRS 179.121, 200.760, 202.257, 453.301 or 501.3857.

2. Property may not, to the extent of the interest of any claimant, be

declared forfeited by reason of an act or omission shown to have been

committed or omitted without the knowledge, consent or willful blindness

of the claimant.

3. Unless the owner of real property or a mobile home:

(a) Has given the tenant notice to surrender the premises pursuant to

NRS 40.254 within 90 days after the owner receives notice of a conviction

pursuant to subsection 2 of NRS 453.305; or

(b) Shows the court that he had good cause not to evict the tenant

summarily pursuant to NRS 40.254,

the owner of real property or a mobile home used or intended for use by a

tenant to facilitate any violation of the provisions of NRS 453.011 to

453.552, inclusive, and sections 2 to 12, inclusive, of this act, except NRS

453.336, is disputably presumed to have known of and consented to that

use if the notices required by NRS 453.305 have been given in connection

with another such violation relating to the property or mobile home. The

holder of a lien or encumbrance on the property or mobile home is

disputably presumed to have acquired his interest in the property for fair

value and without knowledge or consent to such use, regardless of when

the act giving rise to the forfeiture occurred.

Sec. 41. Chapter 639 of NRS is hereby amended by adding thereto the

provisions set forth as sections 42 and 43 of this act.

Sec. 42. 1. “Internet pharmacy” means a person located within or

outside this state who knowingly:

(a) Uses or attempts to use the Internet, in whole or in part, to

communicate with or obtain information from another person; and

(b) Uses or attempts to use such communication or information, in

whole or in part, to fill or refill a prescription or otherwise engage in the

practice of pharmacy.

2. As used in this section, “Internet” has the meaning ascribed to it

in section 6 of this act.

Sec. 43. 1. In addition to the requirements set forth in this chapter

and any other specific statute, an Internet pharmacy located:

(a) Within this state, shall not fill or refill a prescription or otherwise

engage in the practice of pharmacy for a person located within or outside

this state unless the Internet pharmacy is certified by the board.

(b) Outside this state, shall not fill or refill a prescription or otherwise

engage in the practice of pharmacy for a person located within this state

unless the Internet pharmacy is certified by the board.

2. The board shall adopt regulations prescribing standards for

certifying an Internet pharmacy. The standards adopted by the board

may be based upon standards adopted by the National Association of

Boards of Pharmacy or some other association or organization that

provides standards for certifying an Internet pharmacy.

3. The board shall post on a website or other Internet site that is

operated or administered by or on behalf of the board:

(a) A list of Internet pharmacies certified by the board; and

(b) Any other information relating to Internet pharmacies that the

board deems relevant.

Sec. 44. NRS 639.001 is hereby amended to read as follows:

639.001 As used in this chapter, unless the context otherwise requires,

the words and terms defined in NRS 639.0015 to 639.016, inclusive, and

section 42 of this act have the meanings ascribed to them in those sections.

Sec. 45. NRS 639.012 is hereby amended to read as follows:

639.012 1. “Pharmacy” means every store or shop licensed by the

board where drugs, controlled substances, poisons, medicines or chemicals

are stored or possessed, or dispensed or sold at retail, or displayed for sale

at retail, or where prescriptions are compounded or dispensed.

2. “Pharmacy” includes:

(a) Pharmacies owned or operated by the State of Nevada and political

subdivisions and municipal corporations therein.

(b) Institutional pharmacies.

(d) Nuclear pharmacies.

(e) Internet pharmacies.

Sec. 46. NRS 639.070 is hereby amended to read as follows:

639.070 1. The board may:

(a) Adopt such regulations, not inconsistent with the laws of this state,

as are necessary for the protection of the public, appertaining to the

practice of pharmacy and the lawful performance of its duties.

(b) Adopt regulations requiring that prices charged by retail pharmacies

for drugs and medicines which are obtained by prescription be posted in

the pharmacies and be given on the telephone to persons requesting such

information.

authorizing the secretary to issue certificates, licenses and permits required

by this chapter and chapters 453 and 454 of NRS . [and this chapter.]

(d) Adopt regulations governing the dispensing of poisons, drugs,

chemicals and medicines.

(e) Regulate the practice of pharmacy.

(f) Regulate the sale and dispensing of poisons, drugs, chemicals and

medicines.

(g) Regulate the means of recordkeeping and storage, handling,

sanitation and security of drugs, poisons, medicines, chemicals and

devices, including, but not limited to, requirements relating to:

(1) Pharmacies, institutional pharmacies and pharmacies in

correctional institutions;

(2) Drugs stored in hospitals; and

(3) Drugs stored for the purpose of wholesale distribution.

(h) Examine and register, upon application, pharmacists and other

persons who dispense or distribute medications whom it deems qualified.

(i) Charge and collect necessary and reasonable fees for its services,

other than those specifically set forth in this chapter.

(j) Maintain offices in as many localities in the state as it finds

necessary to carry out the provisions of this chapter.

(k) Employ an attorney, inspectors, investigators and other professional

consultants and clerical personnel necessary to the discharge of its duties.

(l) Enforce the provisions of NRS 453.011 to 453.552, inclusive, and

sections 2 to 12, inclusive, of this act and enforce the provisions of this

chapter and chapter 454 of NRS . [and this chapter.]

(m) Adopt regulations concerning the information required to be

submitted in connection with an application for any license, certificate or

permit required by this chapter or chapter 453 or 454 of NRS.

(n) Adopt regulations concerning the education, experience and

background of a person who is employed by the holder of a license or

permit issued pursuant to this chapter and who has access to drugs and

devices.

(o) Adopt regulations concerning the use of computerized mechanical

equipment for the filling of prescriptions.

(p) Participate in and expend money for programs that enhance the

practice of pharmacy.

2. This section does not authorize the board to prohibit open-market

competition in the advertising and sale of prescription drugs and

pharmaceutical services.

Sec. 47. NRS 639.2328 is hereby amended to read as follows:

639.2328 1. Every pharmacy located outside Nevada that provides

mail order service to or solicits or advertises for orders for drugs available

with a prescription from a resident of Nevada must be licensed by the

board.

2. To be licensed or to renew a license, a pharmacy located outside

Nevada must:

(a) Be licensed by the state in which its dispensing facilities are located.

(b) Comply with all applicable federal laws, regulations and standards.

(d) Provide the following information to the board:

(1) The name and address of the owner;

(2) The location of the pharmacy;

(3) The name of the pharmacist who is the managing pharmacist; and

(4) Any other information the board deems necessary.

(e) Pay the fee required by regulation of the board.

(f) Submit evidence satisfactory to the board that the facility, records

and operation of the pharmacy comply with the laws and regulations of the

state in which the pharmacy is located.

(g) Submit certification satisfactory to the board that the pharmacy

complies with all lawful requests and directions from the regulatory board

or licensing authority of the state in which the pharmacy is located relating

to the shipment, mailing or delivery of drugs.

(h) Be certified by the board pursuant to section 43 of this act if the

pharmacy operates an Internet pharmacy.

3. In addition to the requirements of subsection 2, the board may

require that the pharmacy located outside of Nevada be inspected by the

board.

Sec. 48. NRS 639.235 is hereby amended to read as follows:

639.235 1. No person other than a practitioner holding a license to

practice his profession in this state may prescribe or write a prescription,

except that a prescription written by a person not licensed to practice in this

state but authorized by the laws of another state to prescribe shall be

deemed to be a legal prescription[.] unless the person prescribed or wrote

the prescription in violation of the provisions of sections 2 to 12,

inclusive, of this act.

2. If a prescription that is prescribed by a person who is not licensed to

practice in this state , but is authorized by the laws of another state to

prescribe, calls for a controlled substance listed in:

(a) Schedule II, the registered pharmacist who is to fill the prescription

shall establish and document that the prescription is authentic and that a

bona fide relationship between the patient and the person prescribing the

controlled substance did exist when the prescription was written.

(b) Schedule III or IV, the registered pharmacist who is to fill the

prescription shall establish, in his professional judgment, that the

prescription is authentic and that a bona fide relationship between the

patient and the person prescribing the controlled substance did exist when

the prescription was written. This paragraph does not require the registered

pharmacist to inquire into such a relationship upon the receipt of each such

prescription.

Sec. 49. 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 and sections 2 to 12, inclusive, of Senate Bill No. 397 of this

[act,] session, 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. 50. Section 89 of Senate Bill No. 91 of this session is hereby

repealed.

Sec. 51. The amendatory provisions of this act do not apply to

offenses committed before July 1, 2001.

Sec. 52. 1. This section and sections 1 to 28, inclusive, and 30 to 51,

inclusive, of this act become effective on July 1, 2001.

2. Section 29 of this act becomes effective at 12:01 a.m. on July 1,

2001.

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