(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTS.B. 397
Senate Bill No. 397–Senators Wiener, Mathews, Neal, Rawson, Care, McGinness, Porter and Shaffer
March 19, 2001
____________
Referred to Committee on Human Resources and Facilities
SUMMARY—Prohibits certain acts related to drugs and Internet pharmacies. (BDR 40‑102)
FISCAL NOTE: Effect on Local Government: No.
~
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 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:
1-1 Section 1. Chapter 453 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 to 12, inclusive, of this act.
1-3 Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the
1-4 context otherwise requires, the words and terms defined in sections 3 to
1-5 7, inclusive, of this act have the meanings ascribed to them in those
1-6 sections.
1-7 Sec. 3. “Dangerous drug” has the meaning ascribed to it in NRS
1-8 454.201.
1-9 Sec. 4. 1. “Illegal Internet pharmacy” means a person located
1-10 within or outside this state who is not licensed and certified by the board
1-11 pursuant to chapter 639 of NRS to engage in the practice of pharmacy
1-12 via the Internet and who knowingly:
1-13 (a) Uses or attempts to use the Internet, in whole or in part, to
1-14 communicate with or obtain information from another person; and
1-15 (b) Uses or attempts to use such communication or information, in
1-16 whole or in part, to:
1-17 (1) Fill or refill a prescription for a prescription drug for the other
1-18 person; or
2-1 (2) Deliver or cause, allow or aid in the delivery of a controlled
2-2 substance, imitation controlled substance, counterfeit substance or
2-3 prescription drug to the other person.
2-4 2. The term does not include a person who is authorized by the
2-5 provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12,
2-6 inclusive, of this act to dispense or distribute, unless the person is acting
2-7 outside of that authorization.
2-8 Sec. 5. “Imitation controlled substance” has the meaning ascribed
2-9 to it in NRS 453.332.
2-10 Sec. 6. 1. “Internet” means:
2-11 (a) The computer network commonly known as the Internet and any
2-12 other computer network that is similar to or is a predecessor or successor
2-13 of the Internet; and
2-14 (b) Any identifiable site on the Internet or such other computer
2-15 network.
2-16 2. The term includes, without limitation:
2-17 (a) A website or other similar site on the World Wide Web;
2-18 (b) A site that is identifiable through a Uniform Resource Location;
2-19 (c) A site on a computer network that is owned, operated,
2-20 administered or controlled by a provider of Internet service;
2-21 (d) An electronic bulletin board;
2-22 (e) A list server;
2-23 (f) A newsgroup; or
2-24 (g) A chat room.
2-25 Sec. 7. “Prescription drug” means:
2-26 1. A controlled substance or dangerous drug that may be dispensed
2-27 to an ultimate user only pursuant to a lawful prescription; and
2-28 2. Any other substance or drug substituted for such a controlled
2-29 substance or dangerous drug.
2-30 Sec. 8. For the purposes of sections 2 to 12, inclusive, of this act, a
2-31 person has “reasonable cause to believe” if, in light of all the
2-32 surrounding facts and circumstances which are known or which
2-33 reasonably should be known to the person at the time, a reasonable
2-34 person would believe, under those facts and circumstances, that an act,
2-35 transaction, event, situation or condition exists, is occurring or has
2-36 occurred.
2-37 Sec. 9. The provisions of sections 2 to 12, inclusive, of this act do not
2-38 apply to a person who is:
2-39 1. A common or contract carrier or warehouseman, or an employee
2-40 thereof, unless the person is acting outside of the usual course of his
2-41 business or employment and knows or has reasonable cause to believe
2-42 that the act or transaction is unlawful.
2-43 2. The intended recipient of a substance or drug, unless the intended
2-44 recipient knows or has reasonable cause to believe that the act or
2-45 transaction is unlawful.
2-46 Sec. 10. 1. A person who is located within this state and who owns,
2-47 operates, controls, profits from or is employed or paid by an illegal
2-48 Internet pharmacy shall not:
3-1 (a) Fill or refill a prescription for a prescription drug for another
3-2 person located within or outside this state; or
3-3 (b) Deliver or cause, allow or aid in the delivery of a controlled
3-4 substance, imitation controlled substance, counterfeit substance or
3-5 prescription drug to another person located within or outside this state.
3-6 2. A person who is located outside this state, who owns, operates,
3-7 controls, profits from or is employed or paid by an illegal Internet
3-8 pharmacy and who knows or has reasonable cause to believe that
3-9 another person is located within this state shall not:
3-10 (a) Fill or refill a prescription for a prescription drug for the other
3-11 person; or
3-12 (b) Deliver or cause, allow or aid in the delivery of a controlled
3-13 substance, imitation controlled substance, counterfeit substance or
3-14 prescription drug to the other person.
3-15 3. A person shall not knowingly aid another person in any act or
3-16 transaction that violates the provisions of this section.
3-17 4. Except as otherwise provided in subsection 5, a person who
3-18 violates the provisions of this section is guilty of a category C felony and
3-19 shall be punished as provided in NRS 193.130.
3-20 5. A person who violates the provisions of this section is guilty of a
3-21 category B felony and shall be punished by imprisonment in the state
3-22 prison for a minimum term of not less than 3 years and a maximum term
3-23 of not more than 15 years, and may be further punished by a fine of not
3-24 more than $100,000, if the substance or drug involved:
3-25 (a) Is classified in schedule I; or
3-26 (b) Proximately causes substantial bodily harm to or the death of the
3-27 intended recipient of the substance or drug or any other person.
3-28 6. The court shall not grant probation to or suspend the sentence of a
3-29 person punished pursuant to subsection 5.
3-30 7. A person may be prosecuted, convicted and punished for a
3-31 violation of this section whether or not the person is prosecuted,
3-32 convicted or punished for a violation of any other statute based upon the
3-33 same act or transaction.
3-34 Sec. 11. 1. A practitioner who is located within this state shall not
3-35 prescribe a prescription drug for another person located within or
3-36 outside this state if:
3-37 (a) The practitioner has not physically examined the other person
3-38 within the 6 months immediately preceding the date on which the
3-39 prescription is issued; and
3-40 (b) The practitioner knows or has reasonable cause to believe that an
3-41 illegal Internet pharmacy will fill the prescription or otherwise use the
3-42 prescription to deliver or cause, allow or aid in the delivery of the
3-43 prescription drug to the other person.
3-44 2. A practitioner who is located outside this state and who knows or
3-45 has reasonable cause to believe that another person is located within this
3-46 state shall not prescribe a prescription drug for the other person if:
3-47 (a) The practitioner has not physically examined the other person
3-48 within the 6 months immediately preceding the date on which the
3-49 prescription is issued; and
4-1 (b) The practitioner knows or has reasonable cause to believe that an
4-2 illegal Internet pharmacy will fill the prescription or otherwise use the
4-3 prescription to deliver or cause, allow or aid in the delivery of the
4-4 prescription drug to the other person.
4-5 3. A person who is located outside this state, who is licensed by
4-6 another jurisdiction to prescribe prescription drugs and who knows or
4-7 has reasonable cause to believe that another person is located within this
4-8 state shall not prescribe a prescription drug for the other person if:
4-9 (a) The person has not physically examined the other person within
4-10 the 6 months immediately preceding the date on which the prescription is
4-11 issued; and
4-12 (b) The person knows or has reasonable cause to believe that an
4-13 illegal Internet pharmacy will fill the prescription or otherwise use the
4-14 prescription to deliver or cause, allow or aid in the delivery of the
4-15 prescription drug to the other person.
4-16 4. A person shall not knowingly aid another person in any act or
4-17 transaction that violates the provisions of this section.
4-18 5. Except as otherwise provided in subsection 6, a practitioner or any
4-19 other person who violates the provisions of this section is guilty of a
4-20 category C felony and shall be punished as provided in NRS 193.130.
4-21 6. A practitioner or any other person who violates the provisions of
4-22 this section is guilty of a category B felony and shall be punished by
4-23 imprisonment in the state prison for a minimum term of not less than 3
4-24 years and a maximum term of not more than 15 years, and may be
4-25 further punished by a fine of not more than $100,000, if the substance or
4-26 drug involved:
4-27 (a) Is classified in schedule I; or
4-28 (b) Proximately causes substantial bodily harm to or the death of the
4-29 intended recipient of the substance or drug or any other person.
4-30 7. The court shall not grant probation to or suspend the sentence of a
4-31 practitioner or any other person punished pursuant to subsection 6.
4-32 8. A practitioner or any other person may be prosecuted, convicted
4-33 and punished for a violation of this section whether or not the
4-34 practitioner or person is prosecuted, convicted or punished for violating
4-35 any other specific statute based upon the same act or transaction.
4-36 Sec. 12. 1. The attorney general has concurrent jurisdiction with
4-37 the district attorneys of this state for the enforcement of the provisions of
4-38 sections 2 to 12, inclusive, of this act.
4-39 2. The attorney general may investigate and prosecute a practitioner
4-40 or any other person who violates the provisions of:
4-41 (a) Sections 2 to 12, inclusive, of this act; and
4-42 (b) Any other statute if the violation is committed by the practitioner
4-43 or person in the course of committing a violation described in
4-44 paragraph (a).
4-45 3. When acting pursuant to this section, the attorney general may
4-46 commence his investigation and file a criminal action without leave of
4-47 court, and the attorney general has exclusive charge of the conduct of
4-48 the prosecution.
5-1 Sec. 13. NRS 453.146 is hereby amended to read as follows:
5-2 453.146 1. The board shall administer the provisions of NRS
5-3 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act
5-4 and may add substances to or delete or reschedule all substances
5-5 enumerated in schedules I, II, III, IV and V by regulation.
5-6 2. In making a determination regarding a substance, the board shall
5-7 consider the following:
5-8 (a) The actual or relative potential for abuse;
5-9 (b) The scientific evidence of its pharmacological effect, if known;
5-10 (c) The state of current scientific knowledge regarding the substance;
5-11 (d) The history and current pattern of abuse;
5-12 (e) The scope, duration and significance of abuse;
5-13 (f) The risk to the public health;
5-14 (g) The potential of the substance to produce psychic or physiological
5-15 dependence liability; and
5-16 (h) Whether the substance is an immediate precursor of a controlled
5-17 substance.
5-18 3. The board may consider findings of the federal Food and Drug
5-19 Administration or the Drug Enforcement Administration as prima facie
5-20 evidence relating to one or more of the determinative factors.
5-21 4. After considering the factors enumerated in subsection 2 , the board
5-22 shall make findings with respect thereto and adopt a regulation controlling
5-23 the substance if it finds the substance has a potential for abuse.
5-24 5. The board shall designate as a controlled substance a steroid or
5-25 other product which is used to enhance athletic performance, muscle mass,
5-26 strength or weight without medical necessity. The board may not designate
5-27 as a controlled substance an anabolic steroid which is:
5-28 (a) Expressly intended to be administered through an implant to cattle,
5-29 poultry or other animals; and
5-30 (b) Approved by the Food and Drug Administration for such use.
5-31 Sec. 14. NRS 453.211 is hereby amended to read as follows:
5-32 453.211 1. The board shall:
5-33 (a) Review the schedules annually and maintain a list of current
5-34 schedules.
5-35 (b) Upon the revision of a schedule, cause a copy of the revised
5-36 schedule to be sent to each district attorney, public defender and judge in
5-37 the State of Nevada.
5-38 (c) Make copies of the list of current schedules available to members of
5-39 the public upon request. The board may charge a reasonable fee for
5-40 providing the copies.
5-41 2. Failure to publish revised schedules is not a defense in any
5-42 administrative or judicial proceeding under NRS 453.011 to 453.552,
5-43 inclusive[.] , and sections 2 to 12, inclusive, of this act.
5-44 Sec. 15. NRS 453.2182 is hereby amended to read as follows:
5-45 453.2182 If a substance is designated, rescheduled or deleted as a
5-46 controlled substance pursuant to federal law, the board shall similarly treat
5-47 the substance pursuant to the provisions of NRS 453.011 to 453.552,
5-48 inclusive, and sections 2 to 12, inclusive, of this act after the expiration of
5-49 60 days from publication in the Federal Register of a final order
6-1 designating a substance as a controlled substance or rescheduling or
6-2 deleting a substance or from the date of issuance of an order of temporary
6-3 scheduling under Section 508 of the federal Dangerous Drug Diversion
6-4 Control Act of 1984 , [(]21 U.S.C. § 811(h) , [),] unless within the 60-day
6-5 period, the board or an interested party objects to the treatment of the
6-6 substance. If no objection is made, the board shall adopt, without making
6-7 the determinations or findings required by subsections 1 to 4, inclusive, of
6-8 NRS 453.146 or NRS 453.166, 453.176, 453.186, 453.196[, 453.206 or
6-9 subsections 1 to 4, inclusive, of NRS 453.146,] or 453.206, a final
6-10 regulation treating the substance. If an objection is made, the board shall
6-11 make a determination with respect to the treatment of the substance as
6-12 provided by subsections 1 to 4, inclusive, of NRS 453.146. Upon receipt of
6-13 an objection to the treatment by the board, the board shall publish notice of
6-14 the receipt of the objection, and action by the board is stayed until the
6-15 board adopts a regulation as provided by subsection 4 of NRS 453.146.
6-16 Sec. 16. NRS 453.219 is hereby amended to read as follows:
6-17 453.219 A controlled substance analog, to the extent intended for
6-18 human consumption, must be treated, for the purposes of NRS 453.011 to
6-19 453.552, inclusive, and sections 2 to 12, inclusive, of this act as a
6-20 substance included in schedule I. Within 30 days after the initiation of
6-21 prosecution with respect to a controlled substance analog by indictment or
6-22 information, the district attorney shall notify the board of information
6-23 relevant to scheduling by extraordinary regulation as provided for in NRS
6-24 453.2184. If the board finally determines, that the controlled substance
6-25 analog should not be scheduled, no prosecution relating to that substance as
6-26 a controlled substance analog may be commenced or continued.
6-27 Sec. 17. NRS 453.233 is hereby amended to read as follows:
6-28 453.233 Upon the conviction of any person required to be registered
6-29 under the provisions of NRS 453.011 to 453.552, inclusive, and sections 2
6-30 to 12, inclusive, of this act of violation of any federal or state law relating
6-31 to any controlled substance, the prosecuting attorney shall cause copies of
6-32 the judgment of conviction to be sent to the board and to any other
6-33 licensing agency by whom the convicted person has been licensed or
6-34 registered under the laws of the State of Nevada to engage in the practice
6-35 of his business or profession.
6-36 Sec. 18. NRS 453.246 is hereby amended to read as follows:
6-37 453.246 Persons registered to dispense controlled substances pursuant
6-38 to the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to
6-39 12, inclusive, of this act shall keep records and maintain inventories in
6-40 conformance with the recordkeeping and inventory requirements of state
6-41 and federal law and with any additional regulations the board issues.
6-42 Sec. 19. NRS 453.271 is hereby amended to read as follows:
6-43 453.271 Any officer or employee of the division designated by his
6-44 appointing authority may:
6-45 1. Carry firearms in the performance of his official duties;
6-46 2. Execute and serve search warrants, arrest warrants, administrative
6-47 inspection warrants, subpoenas and summonses issued under the authority
6-48 of this state;
7-1 3. Make arrests without warrant for any offense under the provisions
7-2 of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of
7-3 this act committed in his presence, or if he has probable cause to believe
7-4 that the person to be arrested has committed or is committing a violation of
7-5 such sections which may constitute a felony;
7-6 4. Make seizures of property pursuant to the provisions of NRS
7-7 453.011 to 453.552, inclusive [;] , and sections 2 to 12, inclusive, of this
7-8 act; or
7-9 5. Perform other law enforcement duties as the division designates.
7-10 Sec. 20. NRS 453.276 is hereby amended to read as follows:
7-11 453.276 The board or the attorney general may bring an action to
7-12 enjoin any act which would be in violation of the provisions of this chapter.
7-13 Such an action must be commenced in the district court for the county in
7-14 which the act is to occur and must be in conformity with Rule 65 of the
7-15 Nevada Rules of Civil Procedure, except that the board or the attorney
7-16 general is not required to allege facts necessary to show or tending to show
7-17 lack of adequate remedy at law or irreparable damage or loss. The action
7-18 must be brought in the name of the State of Nevada.
7-19 Sec. 21. NRS 453.281 is hereby amended to read as follows:
7-20 453.281 1. It is not necessary for the state to negate any exemption
7-21 or exception in the provisions of NRS 453.011 to 453.552, inclusive, and
7-22 sections 2 to 12, inclusive, of this act in any complaint, information,
7-23 indictment or other pleading or in any trial, hearing or other proceeding
7-24 under such sections. The burden of proof of any exemption or exception is
7-25 upon the person claiming it.
7-26 2. In the absence of proof that a person is the duly authorized holder of
7-27 an appropriate registration or order form issued under the provisions of
7-28 NRS 453.011 to 453.552, inclusive, [he] and sections 2 to 12, inclusive, of
7-29 this act:
7-30 (a) The person is presumed not to be the holder of the registration or
7-31 form[.] ; and
7-32 (b) The burden of proof is upon [him] the person to rebut the
7-33 presumption.
7-34 3. No liability is imposed by the provisions of NRS 453.011 to
7-35 453.552, inclusive, and sections 2 to 12, inclusive, of this act upon any
7-36 authorized state, county or municipal officer engaged in the lawful
7-37 performance of his duties.
7-38 Sec. 22. NRS 453.286 is hereby amended to read as follows:
7-39 453.286 All final determinations, findings and conclusions of the
7-40 board or division under the provisions of NRS 453.011 to 453.552,
7-41 inclusive, and sections 2 to 12, inclusive, of this act are final and
7-42 conclusive decisions of the matters involved. Any person aggrieved by the
7-43 decision is entitled to judicial review of the decision in the manner
7-44 provided by chapter 233B of NRS. Findings of fact by the board or
7-45 division, if supported by substantial evidence, are conclusive.
7-46 Sec. 23. NRS 453.301 is hereby amended to read as follows:
7-47 453.301 The following are subject to forfeiture pursuant to NRS
7-48 179.1156 to 179.119, inclusive:
8-1 1. All controlled substances which have been manufactured,
8-2 distributed, dispensed or acquired in violation of the provisions of NRS
8-3 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act
8-4 or a law of any other jurisdiction which prohibits the same or similar
8-5 conduct.
8-6 2. All raw materials, products and equipment of any kind which are
8-7 used, or intended for use, in manufacturing, compounding, processing,
8-8 delivering, importing or exporting any controlled substance in violation of
8-9 the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12,
8-10 inclusive, of this act or a law of any other jurisdiction which prohibits the
8-11 same or similar conduct.
8-12 3. All property which is used, or intended for use, as a container for
8-13 property described in subsections 1 and 2.
8-14 4. All books, records and research products and materials, including
8-15 formulas, microfilm, tapes and data, which are used, or intended for use, in
8-16 violation of the provisions of NRS 453.011 to 453.552, inclusive, and
8-17 sections 2 to 12, inclusive, of this act or a law of any other jurisdiction
8-18 which prohibits the same or similar conduct.
8-19 5. All conveyances, including aircraft, vehicles or vessels, which are
8-20 used, or intended for use, to transport, or in any manner to facilitate the
8-21 transportation, concealment, manufacture or protection, for the purpose of
8-22 sale, possession for sale or receipt of property described in subsection 1
8-23 or 2.
8-24 6. All drug paraphernalia as defined by NRS 453.554 which are used
8-25 in violation of NRS 453.560, 453.562 or 453.566 or a law of any other
8-26 jurisdiction which prohibits the same or similar conduct, or of an injunction
8-27 issued pursuant to NRS 453.558.
8-28 7. All imitation controlled substances which have been manufactured,
8-29 distributed or dispensed in violation of the provisions of NRS 453.332 or
8-30 sections 2 to 12, inclusive, of this act or a law of any other jurisdiction
8-31 which prohibits the same or similar conduct.
8-32 8. All real property and mobile homes used or intended to be used by
8-33 any owner or tenant of the property or mobile home to facilitate a violation
8-34 of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to
8-35 12, inclusive, of this act, except NRS 453.336, or used or intended to be
8-36 used to facilitate a violation of a law of any other jurisdiction which
8-37 prohibits the same or similar conduct as prohibited in NRS 453.011 to
8-38 453.552, inclusive, and sections 2 to 12, inclusive, of this act, except NRS
8-39 453.336. As used in this subsection, “tenant” means any person entitled,
8-40 under a written or oral rental agreement, to occupy real property or a
8-41 mobile home to the exclusion of others.
8-42 9. Everything of value furnished or intended to be furnished in
8-43 exchange for a controlled substance in violation of the provisions of NRS
8-44 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act
8-45 or a law of any other jurisdiction which prohibits the same or similar
8-46 conduct, all proceeds traceable to such an exchange, and all other property
8-47 used or intended to be used to facilitate a violation of the provisions of
8-48 NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this
8-49 act, except NRS 453.336, or used or intended to be used to facilitate a
9-1 violation of a law of any other jurisdiction which prohibits the same or
9-2 similar conduct as prohibited in NRS 453.011 to 453.552, inclusive, and
9-3 sections 2 to 12, inclusive, of this act, except NRS 453.336. If an amount
9-4 of cash which exceeds $300 is found in the possession of a person who is
9-5 arrested for a violation of NRS 453.337 or 453.338, then there is a
9-6 rebuttable presumption that the cash is traceable to an exchange for a
9-7 controlled substance and is subject to forfeiture pursuant to this subsection.
9-8 10. All firearms, as defined by NRS 202.253, which are in the actual
9-9 or constructive possession of a person who possesses or is consuming,
9-10 manufacturing, transporting, selling or under the influence of any
9-11 controlled substance in violation of the provisions of NRS 453.011 to
9-12 453.552, inclusive, and sections 2 to 12, inclusive, of this act or a law of
9-13 any other jurisdiction which prohibits the same or similar conduct.
9-14 11. All computer hardware, equipment, accessories, software and
9-15 programs that are in the actual or constructive possession of a person
9-16 who owns, operates, controls, profits from or is employed or paid by an
9-17 illegal Internet pharmacy and who violates the provisions of sections 2 to
9-18 12, inclusive, of this act or a law of any other jurisdiction which prohibits
9-19 the same or similar conduct.
9-20 Sec. 24. NRS 453.305 is hereby amended to read as follows:
9-21 453.305 1. Whenever a person is arrested for violating any of the
9-22 provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12,
9-23 inclusive, of this act, except NRS 453.336, and real property or a mobile
9-24 home occupied by him as a tenant has been used to facilitate the violation,
9-25 the prosecuting attorney responsible for the case shall cause to be delivered
9-26 to the owner of the property or mobile home a written notice of the arrest.
9-27 2. Whenever a person is convicted of violating any of the provisions of
9-28 NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this
9-29 act, except NRS 453.336, and real property or a mobile home occupied by
9-30 him as a tenant has been used to facilitate the violation, the prosecuting
9-31 attorney responsible for the case shall cause to be delivered to the owner of
9-32 the property or mobile home a written notice of the conviction.
9-33 3. The notices required by this section must:
9-34 (a) Be written in language which is easily understood;
9-35 (b) Be sent by certified or registered mail, return receipt requested, to
9-36 the owner at his last known address;
9-37 (c) Be sent within 15 days after the arrest occurs or judgment of
9-38 conviction is entered against the tenant, as the case may be;
9-39 (d) Identify the tenant involved and the offense for which he has been
9-40 arrested or convicted; and
9-41 (e) Advise the owner that:
9-42 (1) The property or mobile home is subject to forfeiture pursuant to
9-43 NRS [453.301 and] 179.1156 to 179.119, inclusive, and 453.301 unless the
9-44 tenant, if convicted, is evicted;
9-45 (2) Any similar violation by the same tenant in the future may also
9-46 result in the forfeiture of the property unless the tenant has been evicted;
9-47 (3) In any proceeding for forfeiture based upon such a violation he
9-48 will, by reason of the notice, be deemed to have known of and consented to
9-49 the unlawful use of the property or mobile home; and
10-1 (4) The provisions of NRS 40.2514 and 40.254 authorize the
10-2 supplemental remedy of summary eviction to facilitate his recovery of the
10-3 property or mobile home upon such a violation and provide for the
10-4 recovery of any reasonable attorney’s fees he incurs in doing so.
10-5 4. Nothing in this section shall be deemed to preclude the
10-6 commencement of a proceeding for forfeiture or the forfeiture of the
10-7 property or mobile home, whether or not the notices required by this
10-8 section are given as required, if the proceeding and forfeiture are otherwise
10-9 authorized pursuant to NRS [453.301 and] 179.1156 to 179.119, inclusive
10-10 [.] , and 453.301.
10-11 5. As used in this section, “tenant” means any person entitled under a
10-12 written or oral rental agreement to occupy real property or a mobile home
10-13 to the exclusion of others.
10-14 Sec. 25. NRS 453.311 is hereby amended to read as follows:
10-15 453.311 1. Controlled substances listed in schedule I:
10-16 (a) That are possessed, transferred, sold or offered for sale in violation
10-17 of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to
10-18 12, inclusive, of this act are contraband and shall be seized and summarily
10-19 forfeited to the state.
10-20 (b) Which are seized or come into the possession of the state, the
10-21 owners of which are unknown, are contraband and shall be summarily
10-22 forfeited to the state.
10-23 2. Species of plants from which controlled substances in schedules I
10-24 and II may be derived which have been planted or cultivated in violation of
10-25 the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12,
10-26 inclusive, of this act or of which the owners or cultivators are unknown, or
10-27 which are wild growths, may be seized and summarily forfeited to the
10-28 state.
10-29 3. The failure, upon demand by the division or other law enforcement
10-30 agency, or the authorized agent of either, of the person in occupancy or in
10-31 control of land or premises upon which the species of plants are growing or
10-32 being stored, to produce an appropriate registration, or proof that he is the
10-33 holder thereof, constitutes authority for the seizure and forfeiture of the
10-34 plants.
10-35 Sec. 26. NRS 453.326 is hereby amended to read as follows:
10-36 453.326 1. It is unlawful for a person:
10-37 (a) To refuse or fail to make, keep or furnish any record, notification,
10-38 order form, statement, invoice or information required under the provisions
10-39 of NRS 453.011 to 453.552, inclusive[;] , and sections 2 to 12, inclusive,
10-40 of this act;
10-41 (b) To refuse an entry into any premises for any inspection authorized
10-42 by the provisions of NRS 453.011 to 453.552, inclusive[;] , and sections 2
10-43 to 12, inclusive, of this act; or
10-44 (c) Knowingly to keep or maintain any store, shop, warehouse,
10-45 dwelling, building, vehicle, boat, aircraft or other structure or place which
10-46 is resorted to by persons using controlled substances in violation of the
10-47 provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12,
10-48 inclusive, of this act for the purpose of using these substances, or which is
10-49 used for keeping or selling them in violation of those sections.
11-1 2. A person who violates this section is guilty of a category C felony
11-2 and shall be punished as provided in NRS 193.130.
11-3 Sec. 27. NRS 453.3363 is hereby amended to read as follows:
11-4 453.3363 1. If a person who has not previously been convicted of
11-5 any offense pursuant to NRS 453.011 to 453.552, inclusive, and sections 2
11-6 to 12, inclusive, of this act or pursuant to any statute of the United States
11-7 or of any state relating to narcotic drugs, marijuana, or stimulant,
11-8 depressant or hallucinogenic substances tenders a plea of guilty, guilty but
11-9 mentally ill, nolo contendere or similar plea to a charge pursuant to NRS
11-10 453.336, 453.411 or 454.351, or is found guilty of one of those charges, the
11-11 court, without entering a judgment of conviction and with the consent of
11-12 the accused, may suspend further proceedings and place him on probation
11-13 upon terms and conditions that must include attendance and successful
11-14 completion of an educational program or, in the case of a person dependent
11-15 upon drugs, of a program of treatment and rehabilitation pursuant to NRS
11-16 453.580.
11-17 2. Upon violation of a term or condition, the court may enter a
11-18 judgment of conviction and proceed as provided in the section pursuant to
11-19 which the accused was charged. Notwithstanding the provisions of
11-20 paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or
11-21 condition, the court may order the person to the custody of the department
11-22 of prisons.
11-23 3. Upon fulfillment of the terms and conditions, the court shall
11-24 discharge the accused and dismiss the proceedings against him. A
11-25 nonpublic record of the dismissal must be transmitted to and retained by
11-26 the division of parole and probation of the department of motor vehicles
11-27 and public safety solely for the use of the courts in determining whether, in
11-28 later proceedings, the person qualifies under this section.
11-29 4. Except as otherwise provided in subsection 5, discharge and
11-30 dismissal under this section is without adjudication of guilt and is not a
11-31 conviction for purposes of this section or for purposes of employment, civil
11-32 rights or any statute or regulation or license or questionnaire or for any
11-33 other public or private purpose, but is a conviction for the purpose of
11-34 additional penalties imposed for second or subsequent convictions or the
11-35 setting of bail. Discharge and dismissal restores the person discharged, in
11-36 the contemplation of the law, to the status occupied before the arrest,
11-37 indictment or information. He may not be held thereafter under any law to
11-38 be guilty of perjury or otherwise giving a false statement by reason of
11-39 failure to recite or acknowledge that arrest, indictment, information or trial
11-40 in response to an inquiry made of him for any purpose. Discharge and
11-41 dismissal under this section may occur only once with respect to any
11-42 person.
11-43 5. A professional licensing board may consider a proceeding under this
11-44 section in determining suitability for a license or liability to discipline for
11-45 misconduct. Such a board is entitled for those purposes to a truthful answer
11-46 from the applicant or licensee concerning any such proceeding with respect
11-47 to him.
12-1 Sec. 28. NRS 453.346 is hereby amended to read as follows:
12-2 453.346 1. If a violation of NRS 453.011 to 453.552, inclusive, and
12-3 sections 2 to 12, inclusive, of this act is a violation of a federal law or the
12-4 law of another state, a conviction or acquittal under federal law or the law
12-5 of another state for the same act is a bar to prosecution in this state.
12-6 2. The provisions of subsection 1 [shall not apply to] do not prohibit
12-7 any licensing board within this state from proceeding administratively to
12-8 suspend or revoke any certificate, license or permit held by any person who
12-9 has been convicted of a violation of any federal or state controlled
12-10 substance law.
12-11 Sec. 29. NRS 453.381 is hereby amended to read as follows:
12-12 453.381 1. In addition to the limitations imposed by NRS 453.256[,]
12-13 and sections 2 to 12, inclusive, of this act, a physician, physician’s
12-14 assistant, dentist or podiatric physician may prescribe or administer
12-15 controlled substances only for a legitimate medical purpose and in the
12-16 usual course of his professional practice, and he shall not prescribe,
12-17 administer or dispense a controlled substance listed in schedule II for
12-18 himself, his spouse or his children except in cases of emergency.
12-19 2. A veterinarian, in the course of his professional practice only, and
12-20 not for use by a human being, may prescribe, possess and administer
12-21 controlled substances, and he may cause them to be administered by a
12-22 veterinary technician under his direction and supervision.
12-23 3. A euthanasia technician, within the scope of his license, and not for
12-24 use by a human being, may possess and administer sodium pentobarbital.
12-25 4. A pharmacist shall not fill an order which purports to be a
12-26 prescription if he has reason to believe that it was not issued in the usual
12-27 course of the professional practice of a physician, physician’s assistant,
12-28 dentist, podiatric physician or veterinarian.
12-29 5. Any person who has obtained from a physician, physician’s
12-30 assistant, dentist, podiatric physician or veterinarian any controlled
12-31 substance for administration to a patient during the absence of the
12-32 physician, physician’s assistant, dentist, podiatric physician or veterinarian
12-33 shall return to him any unused portion of the substance when it is no longer
12-34 required by the patient.
12-35 6. A manufacturer, wholesale supplier or other person legally able to
12-36 furnish or sell any controlled substance listed in schedule II shall not
12-37 provide samples of such a controlled substance to registrants.
12-38 7. A salesman of any manufacturer or wholesaler of pharmaceuticals
12-39 shall not possess, transport or furnish any controlled substance listed in
12-40 schedule II.
12-41 8. A person shall not dispense a controlled substance in violation of a
12-42 regulation adopted by the board.
12-43 Sec. 30. NRS 453.541 is hereby amended to read as follows:
12-44 453.541 The criminal sanction provided in NRS 453.011 to 453.552,
12-45 inclusive, and sections 2 to 12, inclusive, of this act does not apply to that
12-46 plant of the genus Lophophora commonly known as peyote when such
12-47 drug is used as the sacrament in religious rites of any bona fide religious
12-48 organization.
13-1 Sec. 31. NRS 453.551 is hereby amended to read as follows:
13-2 453.551 All agents or inspectors of the board or division, peace
13-3 officers, and the attorney general, district attorneys and their deputies
13-4 while investigating violations of the provisions of NRS 453.011 to
13-5 453.552, inclusive, and sections 2 to 12, inclusive, of this act in
13-6 performance of their official duties, and any person working under their
13-7 immediate direction, supervision or instruction are immune from
13-8 prosecution under the provisions of such sections for acts which would
13-9 otherwise be unlawful under such provisions but which are reasonably
13-10 necessary in the performance of their official duties.
13-11 Sec. 32. NRS 453.552 is hereby amended to read as follows:
13-12 453.552 1. Any penalty imposed for violation of NRS 453.011 to
13-13 453.551, inclusive, and sections 2 to 12, inclusive, of this act is in addition
13-14 to, and not in lieu of, any civil or administrative penalty or sanction
13-15 otherwise authorized by law.
13-16 2. Any violation of the provisions of NRS 453.011 to 453.551,
13-17 inclusive, and sections 2 to 12, inclusive, of this act, where no other
13-18 penalty is specifically provided, is a misdemeanor.
13-19 Sec. 33. NRS 453.553 is hereby amended to read as follows:
13-20 453.553 1. In addition to any criminal penalty imposed for a
13-21 violation of the provisions of NRS 453.011 to 453.552, inclusive, and
13-22 sections 2 to 12, inclusive, of this act, any person who unlawfully sells,
13-23 manufactures, delivers or brings into this state, possesses for sale or
13-24 participates in any way in a sale of a controlled substance listed in schedule
13-25 I, II or III or who engages in any act or transaction in violation of the
13-26 provisions of sections 2 to 12, inclusive, of this act is subject to a civil
13-27 penalty for each violation. This penalty must be recovered in a civil action,
13-28 brought in the name of the State of Nevada by the attorney general or by
13-29 any district attorney in a court of competent jurisdiction.
13-30 2. As used in this section and NRS 453.5531, 453.5532 and 453.5533:
13-31 (a) “Each violation” includes a continuous or repetitive violation arising
13-32 out of the same act.
13-33 (b) “Sell” includes exchange, barter, solicitation or receipt of an order,
13-34 transfer to another for sale or resale and any other transfer for any
13-35 consideration or a promise obtained directly or indirectly.
13-36 (c) “Substitute” means a substance which:
13-37 (1) Was manufactured by a person who at the time was not currently
13-38 registered with the Secretary of Health and Human Services; and
13-39 (2) Is an imitation of or intended for use as a substitute for a
13-40 substance listed in schedule I, II or III.
13-41 Sec. 34. NRS 453.5531 is hereby amended to read as follows:
13-42 453.5531 1. The State of Nevada is entitled , in a civil action brought
13-43 pursuant to NRS 453.553 involving marijuana, to a civil penalty in an
13-44 amount:
13-45 (a) Not to exceed $350,000, if the quantity involved is 100 pounds or
13-46 more, but less than 2,000 pounds.
13-47 (b) Not to exceed $700,000, if the quantity involved is 2,000 pounds or
13-48 more, but less than 10,000 pounds.
14-1 (c) Not to exceed $1,000,000, if the quantity involved is 10,000 pounds
14-2 or more.
14-3 2. The State of Nevada is entitled, in a civil action brought pursuant to
14-4 NRS 453.553 involving a controlled substance, except marijuana, which is
14-5 listed in schedule I or a substitute therefor, to a civil penalty in an amount:
14-6 (a) Not to exceed $350,000, if the quantity involved is 4 grams or more,
14-7 but less than 14 grams.
14-8 (b) Not to exceed $700,000, if the quantity involved is 14 grams or
14-9 more, but less than 28 grams.
14-10 (c) Not to exceed $1,000,000, if the quantity involved is 28 grams or
14-11 more.
14-12 3. The State of Nevada is entitled, in a civil action brought pursuant to
14-13 NRS 453.553 involving a controlled substance which is listed in schedule
14-14 II or III or a substitute therefor, to a civil penalty in an amount:
14-15 (a) Not to exceed $350,000, if the quantity involved is 28 grams or
14-16 more, but less than 200 grams.
14-17 (b) Not to exceed $700,000, if the quantity involved is 200 grams or
14-18 more, but less than 400 grams.
14-19 (c) Not to exceed $1,000,000, if the quantity involved is 400 grams or
14-20 more.
14-21 4. Unless a greater civil penalty is authorized by another provision of
14-22 this section, the State of Nevada is entitled, in a civil action brought
14-23 pursuant to NRS 453.553 involving any act or transaction in violation of
14-24 the provisions of sections 2 to 12, inclusive, of this act, to a civil penalty
14-25 in an amount not to exceed $350,000.
14-26 Sec. 35. NRS 453.5533 is hereby amended to read as follows:
14-27 453.5533 1. A civil action brought pursuant to NRS 453.553 must be
14-28 brought within 3 years after the conduct in violation of the provisions of
14-29 NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this
14-30 act occurs.
14-31 2. Such a civil action is not barred by a prior acquittal of the defendant
14-32 in a criminal action arising out of the same act, transaction or occurrence.
14-33 A final judgment or decree rendered in favor of the state in any criminal
14-34 proceeding arising out of the same act, transaction or occurrence estops the
14-35 defendant in a subsequent civil action from denying the essential
14-36 allegations of the criminal offense.
14-37 Sec. 36. NRS 453.570 is hereby amended to read as follows:
14-38 453.570 The amount of a controlled substance needed to sustain a
14-39 conviction of a person for an offense prohibited by the provisions of NRS
14-40 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act is
14-41 that amount necessary for identification as a controlled substance by a
14-42 witness qualified to make such identification.
14-43 Sec. 37. NRS 453.575 is hereby amended to read as follows:
14-44 453.575 1. If a defendant pleads guilty or guilty but mentally ill to,
14-45 or is found guilty of, any violation of this chapter and an analysis of a
14-46 controlled substance or other substance or drug was performed in relation
14-47 to his case, the [justice or judge] court shall include in the sentence an
14-48 order that the defendant pay the sum of $60 as a fee for the analysis of the
14-49 controlled substance[.] or other substance or drug.
15-1 2. Except as otherwise provided in this subsection, any money
15-2 collected for such an analysis must not be deducted from, and is in addition
15-3 to, any fine otherwise imposed by the [justice or judge] court and must be:
15-4 (a) Collected from the defendant before or at the same time that the fine
15-5 is collected.
15-6 (b) Stated separately in the judgment of the court or on the court’s
15-7 docket.
15-8 3. The money collected pursuant to subsection 1 in any district,
15-9 municipal or justice’s court must be paid by the clerk of the court to the
15-10 county or city treasurer, as appropriate, on or before the fifth day of each
15-11 month for the preceding month.
15-12 4. The board of county commissioners of each county shall by
15-13 ordinance create in the county treasury a fund to be designated as the fund
15-14 for forensic services. The governing body of each city shall create in the
15-15 city treasury a fund to be designated as the fund for forensic services. Upon
15-16 receipt, the county or city treasurer, as appropriate, shall deposit any fee for
15-17 the analyses of controlled substances or other substances or drugs in the
15-18 fund. The money from such deposits must be accounted for separately
15-19 within the fund.
15-20 5. Except as otherwise provided in subsection 6, each month the
15-21 treasurer shall, from the money credited to the fund pursuant to subsection
15-22 3, pay any amount owed for forensic services and deposit any remaining
15-23 money in the county or city general fund, as appropriate.
15-24 6. In counties which do not receive forensic services under a contract
15-25 with the state, the money deposited in the fund for forensic services
15-26 pursuant to subsection 4 must be expended, except as otherwise provided
15-27 in this subsection:
15-28 (a) To pay for the analyses of controlled substances or other substances
15-29 or drugs performed in connection with criminal investigations within the
15-30 county;
15-31 (b) To purchase and maintain equipment to conduct these analyses; and
15-32 (c) For the training and continuing education of the employees who
15-33 conduct these analyses.
15-34 Money from the fund must not be expended to cover the costs of analyses
15-35 conducted by, equipment used by or training for employees of an analytical
15-36 laboratory not registered with the Drug Enforcement Administration of the
15-37 United States Department of Justice.
15-38 Sec. 38. NRS 40.2514 is hereby amended to read as follows:
15-39 40.2514 A tenant of real property or a mobile home for a term less
15-40 than life is guilty of an unlawful detainer when he:
15-41 1. Assigns or sublets the leased premises contrary to the covenants of
15-42 the lease;
15-43 2. Commits or permits waste thereon;
15-44 3. Sets up or carries on therein or thereon any unlawful business;
15-45 4. Suffers, permits or maintains on or about the premises any nuisance;
15-46 or
16-1 5. Violates any of the provisions of NRS 453.011 to 453.552,
16-2 inclusive, and sections 2 to 12, inclusive, of this act, except NRS 453.336,
16-3 therein or thereon,
16-4 and remains in possession after service upon him of 3 days’ notice to quit.
16-5 Sec. 39. NRS 40.254 is hereby amended to read as follows:
16-6 40.254 Except as otherwise provided by specific statute, in addition to
16-7 the remedy provided in NRS 40.251 and in NRS 40.290 to 40.420,
16-8 inclusive, when the tenant of a dwelling unit which is subject to the
16-9 provisions of chapter 118A of NRS, part of a low-rent housing program
16-10 operated by a public housing authority, a mobile home or a recreational
16-11 vehicle is guilty of an unlawful detainer, the landlord is entitled to the
16-12 summary procedures provided in NRS 40.253 except that:
16-13 1. Written notice to surrender the premises must:
16-14 (a) Be given to the tenant in accordance with the provisions of NRS
16-15 40.280;
16-16 (b) Advise the tenant of the court that has jurisdiction over the matter;
16-17 and
16-18 (c) Advise the tenant of his right to contest the notice by filing within 5
16-19 days an affidavit with the court that has jurisdiction over the matter that he
16-20 is not guilty of an unlawful detainer.
16-21 2. The affidavit of the landlord or his agent submitted to the justice’s
16-22 court or the district court must contain:
16-23 (a) The date when the tenancy commenced, the term of the tenancy,
16-24 and, if any, a copy of the rental agreement.
16-25 (b) The date when the tenancy or rental agreement allegedly terminated.
16-26 (c) The date when the tenant became subject to the provisions of NRS
16-27 40.251 to 40.2516, inclusive, together with any supporting facts.
16-28 (d) The date when the written notice was given, a copy of the notice and
16-29 a statement that notice was served in accordance with NRS 40.280.
16-30 (e) A statement that the claim for relief was authorized by law.
16-31 3. If the tenant is found guilty of unlawful detainer as a result of his
16-32 violation of any of the provisions of NRS 453.011 to 453.552, inclusive,
16-33 and sections 2 to 12, inclusive, of this act, except NRS 453.336, the
16-34 landlord is entitled to be awarded any reasonable attorney’s fees incurred
16-35 by the landlord or his agent as a result of a hearing, if any, held pursuant to
16-36 subsection 6 of NRS 40.253 wherein the tenant contested the eviction.
16-37 Sec. 40. NRS 179.1164 is hereby amended to read as follows:
16-38 179.1164 1. Except as otherwise provided in subsection 2, the
16-39 following property is subject to seizure and forfeiture in a proceeding for
16-40 forfeiture:
16-41 (a) Any proceeds attributable to the commission or attempted
16-42 commission of any felony.
16-43 (b) Any property or proceeds otherwise subject to forfeiture pursuant to
16-44 NRS 179.121, 200.760, 202.257, 453.301 or 501.3857.
16-45 2. Property may not, to the extent of the interest of any claimant, be
16-46 declared forfeited by reason of an act or omission shown to have been
16-47 committed or omitted without the knowledge, consent or willful blindness
16-48 of the claimant.
16-49 3. Unless the owner of real property or a mobile home:
17-1 (a) Has given the tenant notice to surrender the premises pursuant to
17-2 NRS 40.254 within 90 days after the owner receives notice of a conviction
17-3 pursuant to subsection 2 of NRS 453.305; or
17-4 (b) Shows the court that he had good cause not to evict the tenant
17-5 summarily pursuant to NRS 40.254,
17-6 the owner of real property or a mobile home used or intended for use by a
17-7 tenant to facilitate any violation of the provisions of NRS 453.011 to
17-8 453.552, inclusive, and sections 2 to 12, inclusive, of this act, except NRS
17-9 453.336, is disputably presumed to have known of and consented to that
17-10 use if the notices required by NRS 453.305 have been given in connection
17-11 with another such violation relating to the property or mobile home. The
17-12 holder of a lien or encumbrance on the property or mobile home is
17-13 disputably presumed to have acquired his interest in the property for fair
17-14 value and without knowledge or consent to such use, regardless of when
17-15 the act giving rise to the forfeiture occurred.
17-16 Sec. 41. Chapter 639 of NRS is hereby amended by adding thereto the
17-17 provisions set forth as sections 42 and 43 of this act.
17-18 Sec. 42. 1. “Internet pharmacy” means a person located within or
17-19 outside this state who knowingly:
17-20 (a) Uses or attempts to use the Internet, in whole or in part, to
17-21 communicate with or obtain information from another person; and
17-22 (b) Uses or attempts to use such communication or information, in
17-23 whole or in part, to fill or refill a prescription or otherwise engage in the
17-24 practice of pharmacy.
17-25 2. As used in this section, “Internet” has the meaning ascribed to it
17-26 in section 6 of this act.
17-27 Sec. 43. 1. In addition to the requirements set forth in this chapter
17-28 and any other specific statute, an Internet pharmacy located:
17-29 (a) Within this state, shall not fill or refill a prescription or otherwise
17-30 engage in the practice of pharmacy for a person located within or outside
17-31 this state unless the Internet pharmacy is certified by the board.
17-32 (b) Outside this state, shall not fill or refill a prescription or otherwise
17-33 engage in the practice of pharmacy for a person located within this state
17-34 unless the Internet pharmacy is certified by the board.
17-35 2. The board shall adopt regulations prescribing standards for
17-36 certifying an Internet pharmacy. The standards adopted by the board
17-37 may be based upon standards adopted by the National Association of
17-38 Boards of Pharmacy or some other association or organization that
17-39 provides standards for certifying an Internet pharmacy.
17-40 3. The board shall post on a website or other Internet site that is
17-41 operated or administered by or on behalf of the board:
17-42 (a) A list of Internet pharmacies certified by the board; and
17-43 (b) Any other information relating to Internet pharmacies that the
17-44 board deems relevant.
17-45 Sec. 44. NRS 639.001 is hereby amended to read as follows:
17-46 639.001 As used in this chapter, unless the context otherwise requires,
17-47 the words and terms defined in NRS 639.0015 to 639.016, inclusive, and
17-48 section 42 of this act have the meanings ascribed to them in those sections.
18-1 Sec. 45. NRS 639.012 is hereby amended to read as follows:
18-2 639.012 1. “Pharmacy” means every store or shop licensed by the
18-3 board where drugs, controlled substances, poisons, medicines or chemicals
18-4 are stored or possessed, or dispensed or sold at retail, or displayed for sale
18-5 at retail, or where prescriptions are compounded or dispensed.
18-6 2. “Pharmacy” includes:
18-7 (a) Pharmacies owned or operated by the State of Nevada and political
18-8 subdivisions and municipal corporations therein.
18-9 (b) Institutional pharmacies.
18-10 (c) Pharmacies in correctional institutions.
18-11 (d) Nuclear pharmacies.
18-12 (e) Internet pharmacies.
18-13 Sec. 46. NRS 639.070 is hereby amended to read as follows:
18-14 639.070 1. The board may:
18-15 (a) Adopt such regulations, not inconsistent with the laws of this state,
18-16 as are necessary for the protection of the public, appertaining to the
18-17 practice of pharmacy and the lawful performance of its duties.
18-18 (b) Adopt regulations requiring that prices charged by retail pharmacies
18-19 for drugs and medicines which are obtained by prescription be posted in
18-20 the pharmacies and be given on the telephone to persons requesting such
18-21 information.
18-22 (c) Adopt regulations, not inconsistent with the laws of this state,
18-23 authorizing the secretary to issue certificates, licenses and permits required
18-24 by this chapter and chapters 453 and 454 of NRS . [and this chapter.]
18-25 (d) Adopt regulations governing the dispensing of poisons, drugs,
18-26 chemicals and medicines.
18-27 (e) Regulate the practice of pharmacy.
18-28 (f) Regulate the sale and dispensing of poisons, drugs, chemicals and
18-29 medicines.
18-30 (g) Regulate the means of recordkeeping and storage, handling,
18-31 sanitation and security of drugs, poisons, medicines, chemicals and
18-32 devices, including, but not limited to, requirements relating to:
18-33 (1) Pharmacies, institutional pharmacies and pharmacies in
18-34 correctional institutions;
18-35 (2) Drugs stored in hospitals; and
18-36 (3) Drugs stored for the purpose of wholesale distribution.
18-37 (h) Examine and register, upon application, pharmacists and other
18-38 persons who dispense or distribute medications whom it deems qualified.
18-39 (i) Charge and collect necessary and reasonable fees for its services,
18-40 other than those specifically set forth in this chapter.
18-41 (j) Maintain offices in as many localities in the state as it finds
18-42 necessary to carry out the provisions of this chapter.
18-43 (k) Employ an attorney, inspectors, investigators and other professional
18-44 consultants and clerical personnel necessary to the discharge of its duties.
18-45 (l) Enforce the provisions of NRS 453.011 to 453.552, inclusive, and
18-46 sections 2 to 12, inclusive, of this act and enforce the provisions of this
18-47 chapter and chapter 454 of NRS . [and this chapter.]
19-1 (m) Adopt regulations concerning the information required to be
19-2 submitted in connection with an application for any license, certificate or
19-3 permit required by this chapter or chapter 453 or 454 of NRS.
19-4 (n) Adopt regulations concerning the education, experience and
19-5 background of a person who is employed by the holder of a license or
19-6 permit issued pursuant to this chapter and who has access to drugs and
19-7 devices.
19-8 (o) Adopt regulations concerning the use of computerized mechanical
19-9 equipment for the filling of prescriptions.
19-10 (p) Participate in and expend money for programs that enhance the
19-11 practice of pharmacy.
19-12 2. This section does not authorize the board to prohibit open-market
19-13 competition in the advertising and sale of prescription drugs and
19-14 pharmaceutical services.
19-15 Sec. 47. NRS 639.2328 is hereby amended to read as follows:
19-16 639.2328 1. Every pharmacy located outside Nevada that provides
19-17 mail order service to or solicits or advertises for orders for drugs available
19-18 with a prescription from a resident of Nevada must be licensed by the
19-19 board.
19-20 2. To be licensed or to renew a license, a pharmacy located outside
19-21 Nevada must:
19-22 (a) Be licensed by the state in which its dispensing facilities are located.
19-23 (b) Comply with all applicable federal laws, regulations and standards.
19-24 (c) Submit an application in the form furnished by the board.
19-25 (d) Provide the following information to the board:
19-26 (1) The name and address of the owner;
19-27 (2) The location of the pharmacy;
19-28 (3) The name of the pharmacist who is the managing pharmacist; and
19-29 (4) Any other information the board deems necessary.
19-30 (e) Pay the fee required by regulation of the board.
19-31 (f) Submit evidence satisfactory to the board that the facility, records
19-32 and operation of the pharmacy comply with the laws and regulations of the
19-33 state in which the pharmacy is located.
19-34 (g) Submit certification satisfactory to the board that the pharmacy
19-35 complies with all lawful requests and directions from the regulatory board
19-36 or licensing authority of the state in which the pharmacy is located relating
19-37 to the shipment, mailing or delivery of drugs.
19-38 (h) Be certified by the board pursuant to section 43 of this act if the
19-39 pharmacy operates an Internet pharmacy.
19-40 3. In addition to the requirements of subsection 2, the board may
19-41 require that the pharmacy located outside of Nevada be inspected by the
19-42 board.
19-43 Sec. 48. NRS 639.235 is hereby amended to read as follows:
19-44 639.235 1. No person other than a practitioner holding a license to
19-45 practice his profession in this state may prescribe or write a prescription,
19-46 except that a prescription written by a person not licensed to practice in this
19-47 state but authorized by the laws of another state to prescribe shall be
19-48 deemed to be a legal prescription[.] unless the person prescribed or wrote
20-1 the prescription in violation of the provisions of sections 2 to 12,
20-2 inclusive, of this act.
20-3 2. If a prescription that is prescribed by a person who is not licensed to
20-4 practice in this state , but is authorized by the laws of another state to
20-5 prescribe, calls for a controlled substance listed in:
20-6 (a) Schedule II, the registered pharmacist who is to fill the prescription
20-7 shall establish and document that the prescription is authentic and that a
20-8 bona fide relationship between the patient and the person prescribing the
20-9 controlled substance did exist when the prescription was written.
20-10 (b) Schedule III or IV, the registered pharmacist who is to fill the
20-11 prescription shall establish, in his professional judgment, that the
20-12 prescription is authentic and that a bona fide relationship between the
20-13 patient and the person prescribing the controlled substance did exist when
20-14 the prescription was written. This paragraph does not require the registered
20-15 pharmacist to inquire into such a relationship upon the receipt of each such
20-16 prescription.
20-17 Sec. 49. The amendatory provisions of this act do not apply to
20-18 offenses committed before July 1, 2001.
20-19 Sec. 50. This act becomes effective on July 1, 2001.
20-20 H