SB337

S.B. 337

Senate Bill No. 337–Senators Wiener, Rawson, Washington, Titus, Amodei, Care, Mathews and McGinness

March 17, 2003

____________

Referred to Committee on Human Resources and Facilities

SUMMARY—Revises certain provisions relating to dispensing or distributing drugs via the Internet. (BDR 40‑590)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: Yes.

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; revising certain provisions relating to dispensing or distributing drugs via the Internet; prohibiting certain acts relating to filling or refilling a prescription via the Internet; clarifying that a person may fill or refill a prescription via the Internet within the time prescribed by law; providing penalties; and providing other matters properly relating thereto.

Whereas, The State of Nevada is committed to providing a safe and convenient method for its residents to fill prescriptions via the Internet; and

Whereas, The State of Nevada must protect its residents by ensuring the quality of drugs that are used to fill prescriptions via the Internet; and

Whereas, It is the policy of the State of Nevada to prevent prescriptions from being filled with drugs of questionable quality that are obtained from foreign countries and dispensed to the residents of this state via the Internet; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

2-1 Section 1. Chapter 453 of NRS is hereby amended by adding

2-2 thereto a new section to read as follows:

2-3 1. A person who is located within or outside this state shall

2-4 not, via the Internet, fill or refill a prescription drug if:

2-5 (a) The person has reasonable cause to believe that the

2-6 prescription is being filled or refilled for a person in this state; and

2-7 (b) The prescription drug has not been lawfully imported into

2-8 the United States.

2-9 2. A person who is located within or outside this state shall

2-10 not, via the Internet, fill or refill a prescription drug if:

2-11 (a) The person has reasonable cause to believe that the

2-12 prescription is being filled or refilled for a person in this state; and

2-13 (b) The prescription was not delivered to the person in

2-14 accordance with all applicable state and federal laws, regulations

2-15 and standards.

2-16 3. A person shall not knowingly aid another person in any act

2-17 or transaction that violates any provision of this section.

2-18 4. Except as otherwise provided in subsection 5, a person who

2-19 violates any provision of this section is guilty of a category C

2-20 felony and shall be punished as provided in NRS 193.130.

2-21 5. A person who violates any provision of this section is guilty

2-22 of a category B felony and shall be punished by imprisonment in

2-23 the state prison for a minimum term of not less than 3 years and a

2-24 maximum term of not more than 15 years, and may be further

2-25 punished by a fine of not more than $100,000, if the substance or

2-26 drug involved:

2-27 (a) Is classified in schedule I; or

2-28 (b) Proximately causes substantial bodily harm to or the death

2-29 of the intended recipient of the substance or drug or any other

2-30 person.

2-31 6. The court shall not grant probation to or suspend the

2-32 sentence of a person punished pursuant to subsection 5.

2-33 7. A person may be prosecuted, convicted and punished for a

2-34 violation of this section whether or not the person is prosecuted,

2-35 convicted or punished for violating any other specific statute based

2-36 upon the same act or transaction.

2-37 Sec. 2. NRS 453.146 is hereby amended to read as follows:

2-38 453.146 1. The Board shall administer the provisions of NRS

2-39 453.011 to 453.552, inclusive, and section 1 of this act and may add

2-40 substances to or delete or reschedule all substances enumerated in

2-41 schedules I, II, III, IV and V by regulation.

2-42 2. In making a determination regarding a substance, the Board

2-43 shall consider the following:

2-44 (a) The actual or relative potential for abuse;

3-1 (b) The scientific evidence of its pharmacological effect, if

3-2 known;

3-3 (c) The state of current scientific knowledge regarding the

3-4 substance;

3-5 (d) The history and current pattern of abuse;

3-6 (e) The scope, duration and significance of abuse;

3-7 (f) The risk to the public health;

3-8 (g) The potential of the substance to produce psychic or

3-9 physiological dependence liability; and

3-10 (h) Whether the substance is an immediate precursor of a

3-11 controlled substance.

3-12 3. The Board may consider findings of the federal Food and

3-13 Drug Administration or the Drug Enforcement Administration as

3-14 prima facie evidence relating to one or more of the determinative

3-15 factors.

3-16 4. After considering the factors enumerated in subsection 2, the

3-17 Board shall make findings with respect thereto and adopt a

3-18 regulation controlling the substance if it finds the substance has a

3-19 potential for abuse.

3-20 5. The Board shall designate as a controlled substance a steroid

3-21 or other product which is used to enhance athletic performance,

3-22 muscle mass, strength or weight without medical necessity. The

3-23 Board may not designate as a controlled substance an anabolic

3-24 steroid which is:

3-25 (a) Expressly intended to be administered through an implant to

3-26 cattle, poultry or other animals; and

3-27 (b) Approved by the Food and Drug Administration for such

3-28 use.

3-29 Sec. 3. NRS 453.211 is hereby amended to read as follows:

3-30 453.211 1. The Board shall:

3-31 (a) Review the schedules annually and maintain a list of current

3-32 schedules.

3-33 (b) Upon the revision of a schedule, cause a copy of the revised

3-34 schedule to be sent to each district attorney, public defender and

3-35 judge in the State of Nevada.

3-36 (c) Make copies of the list of current schedules available to

3-37 members of the public upon request. The Board may charge a

3-38 reasonable fee for providing the copies.

3-39 2. Failure to publish revised schedules is not a defense in any

3-40 administrative or judicial proceeding under NRS 453.011 to

3-41 453.552, inclusive[.] , and section 1 of this act.

3-42 Sec. 4. NRS 453.2182 is hereby amended to read as follows:

3-43 453.2182 If a substance is designated, rescheduled or deleted

3-44 as a controlled substance pursuant to federal law, the Board shall

3-45 similarly treat the substance pursuant to the provisions of NRS

4-1 453.011 to 453.552, inclusive, and section 1 of this act after the

4-2 expiration of 60 days from publication in the Federal Register of a

4-3 final order designating a substance as a controlled substance or

4-4 rescheduling or deleting a substance or from the date of issuance of

4-5 an order of temporary scheduling under Section 508 of the federal

4-6 Dangerous Drug Diversion Control Act of 1984, 21 U.S.C. §

4-7 811(h), unless within the 60‑day period, the Board or an interested

4-8 party objects to the treatment of the substance. If no objection is

4-9 made, the Board shall adopt, without making the determinations or

4-10 findings required by subsections 1 to 4, inclusive, of NRS 453.146

4-11 or NRS 453.166, 453.176, 453.186, 453.196 or 453.206, a final

4-12 regulation treating the substance. If an objection is made, the Board

4-13 shall make a determination with respect to the treatment of the

4-14 substance as provided by subsections 1 to 4, inclusive, of NRS

4-15 453.146. Upon receipt of an objection to the treatment by the Board,

4-16 the Board shall publish notice of the receipt of the objection, and

4-17 action by the Board is stayed until the Board adopts a regulation as

4-18 provided by subsection 4 of NRS 453.146.

4-19 Sec. 5. NRS 453.219 is hereby amended to read as follows:

4-20 453.219 A controlled substance analog, to the extent intended

4-21 for human consumption, must be treated, for the purposes of NRS

4-22 453.011 to 453.552, inclusive, and section 1 of this act as a

4-23 substance included in schedule I. Within 30 days after the initiation

4-24 of prosecution with respect to a controlled substance analog by

4-25 indictment or information, the district attorney shall notify the

4-26 Board of information relevant to scheduling by extraordinary

4-27 regulation as provided for in NRS 453.2184. If the Board finally

4-28 determines that the controlled substance analog should not be

4-29 scheduled, no prosecution relating to that substance as a controlled

4-30 substance analog may be commenced or continued.

4-31 Sec. 6. NRS 453.233 is hereby amended to read as follows:

4-32 453.233 Upon the conviction of any person required to be

4-33 registered under the provisions of NRS 453.011 to 453.552,

4-34 inclusive, and section 1 of this act of a violation of any federal or

4-35 state law relating to any controlled substance, the prosecuting

4-36 attorney shall cause copies of the judgment of conviction to be sent

4-37 to the Board and to any other licensing agency by whom the

4-38 convicted person has been licensed or registered under the laws of

4-39 the State of Nevada to engage in the practice of his business or

4-40 profession.

4-41 Sec. 7. NRS 453.246 is hereby amended to read as follows:

4-42 453.246 Persons registered to dispense controlled substances

4-43 pursuant to the provisions of NRS 453.011 to 453.552, inclusive,

4-44 and section 1 of this act shall keep records and maintain inventories

4-45 in conformance with the recordkeeping and inventory requirements

5-1 of state and federal law and with any additional regulations the

5-2 Board issues.

5-3 Sec. 8. NRS 453.266 is hereby amended to read as follows:

5-4 453.266 1. Issuance and execution of an administrative

5-5 warrant for inspection [warrants shall] must be as follows:

5-6 (a) A magistrate, within his jurisdiction, and upon proper oath or

5-7 affirmation showing probable cause, may issue warrants for the

5-8 purpose of conducting administrative inspections authorized by the

5-9 provisions of NRS 453.011 to 453.552, inclusive, and section 1 of

5-10 this act or regulations of the Board or Division, and seizures of

5-11 property appropriate to the inspections. For purposes of the issuance

5-12 of administrative inspection warrants, probable cause exists upon

5-13 showing a valid public interest in the effective enforcement of the

5-14 provisions of NRS 453.011 to 453.552, inclusive, and section 1 of

5-15 this act or regulations of the Board or Division, sufficient to justify

5-16 administrative inspection of the area, premises, building or

5-17 conveyance in the circumstances specified in the application for the

5-18 warrant.

5-19 (b) A warrant [shall] must issue only upon an affidavit of an

5-20 officer or employee of the Board or Division having knowledge of

5-21 the facts alleged, sworn to before the magistrate and establishing the

5-22 grounds for issuing the warrant. If the magistrate is satisfied that

5-23 grounds for the application exist or that there is probable cause to

5-24 believe they exist, he shall issue a warrant identifying the area,

5-25 premises, building or conveyance to be inspected, the purpose of the

5-26 inspection, and, if appropriate, the type of property to be inspected,

5-27 if any.

5-28 2. The warrant [shall:] must:

5-29 (a) State the grounds for its issuance and the name of each

5-30 person whose affidavit has been taken in support thereof;

5-31 (b) Be directed to a person authorized to execute it;

5-32 (c) Command the person to whom it is directed to permit the

5-33 inspection of the area, premises, building or conveyance identified

5-34 for the purpose specified and, if appropriate, direct the seizure of the

5-35 property specified;

5-36 (d) Identify the item or types of property to be seized, if any;

5-37 and

5-38 (e) Direct that it be served during normal business hours and

5-39 designate the magistrate to whom is shall be returned.

5-40 3. A warrant issued pursuant to this section [shall] must be

5-41 executed and returned within 10 days of its date of issuance unless,

5-42 upon a showing of a need for additional time, the magistrate orders

5-43 otherwise.

6-1 4. If property is seized pursuant to a warrant, a copy [shall]

6-2 must be given to the person from whom or from whose premises the

6-3 property is taken, together with a receipt for the property taken.

6-4 5. The return of the warrant [shall] must be made promptly,

6-5 accompanied by a written inventory of any property taken. The

6-6 inventory [shall] must be made in the presence of the person

6-7 executing the warrant and of the person from whose possession or

6-8 premises the property was taken, if present, or in the presence of at

6-9 least one credible person other than the person executing the

6-10 warrant. A copy of the inventory [shall] must be delivered to the

6-11 person from whom or from whose premises the property was taken

6-12 and to the applicant for the warrant.

6-13 6. The magistrate who has issued a warrant shall attach thereto

6-14 a copy of the return and all papers returnable in connection

6-15 therewith and file them with the clerk of the district court in the

6-16 county in which the inspection was made.

6-17 Sec. 9. NRS 453.271 is hereby amended to read as follows:

6-18 453.271 Any officer or employee of the Division designated by

6-19 his appointing authority may:

6-20 1. Carry firearms in the performance of his official duties;

6-21 2. Execute and serve search warrants, arrest warrants,

6-22 administrative [inspection warrants,] warrants for inspections,

6-23 subpoenas and summonses issued under the authority of this state;

6-24 3. Make arrests without warrant for any offense under the

6-25 provisions of NRS 453.011 to 453.552, inclusive, and section 1 of

6-26 this act committed in his presence, or if he has probable cause to

6-27 believe that the person to be arrested has committed or is

6-28 committing a violation of such sections which may constitute a

6-29 felony;

6-30 4. Make seizures of property pursuant to the provisions of NRS

6-31 453.011 to 453.552, inclusive[;] , and section 1 of this act; or

6-32 5. Perform other law enforcement duties as the Division

6-33 designates.

6-34 Sec. 10. NRS 453.281 is hereby amended to read as follows:

6-35 453.281 1. It is not necessary for the State to negate any

6-36 exemption or exception in the provisions of NRS 453.011 to

6-37 453.552, inclusive, and section 1 of this act in any complaint,

6-38 information, indictment or other pleading or in any trial, hearing or

6-39 other proceeding under such sections. The burden of proof of any

6-40 exemption or exception is upon the person claiming it.

6-41 2. In the absence of proof that a person is the duly authorized

6-42 holder of an appropriate registration or order form issued under the

6-43 provisions of NRS 453.011 to 453.552, inclusive[:] , and section 1

6-44 of this act:

7-1 (a) The person is presumed not to be the holder of the

7-2 registration or form; and

7-3 (b) The burden of proof is upon the person to rebut the

7-4 presumption.

7-5 3. No liability is imposed by the provisions of NRS 453.011 to

7-6 453.552, inclusive, and section 1 of this act upon any authorized

7-7 state, county or municipal officer engaged in the lawful performance

7-8 of his duties.

7-9 Sec. 11. NRS 453.286 is hereby amended to read as follows:

7-10 453.286 All final determinations, findings and conclusions of

7-11 the Board or Division under the provisions of NRS 453.011 to

7-12 453.552, inclusive, and section 1 of this act are final and conclusive

7-13 decisions of the matters involved. Any person aggrieved by the

7-14 decision is entitled to judicial review of the decision in the manner

7-15 provided by chapter 233B of NRS. Findings of fact by the Board or

7-16 Division, if supported by substantial evidence, are conclusive.

7-17 Sec. 12. NRS 453.301 is hereby amended to read as follows:

7-18 453.301 The following are subject to forfeiture pursuant to

7-19 NRS 179.1156 to 179.119, inclusive:

7-20 1. All controlled substances which have been manufactured,

7-21 distributed, dispensed or acquired in violation of the provisions of

7-22 NRS 453.011 to 453.552, inclusive, and section 1 of this act or a

7-23 law of any other jurisdiction which prohibits the same or similar

7-24 conduct.

7-25 2. All raw materials, products and equipment of any kind

7-26 which are used, or intended for use, in manufacturing,

7-27 compounding, processing, delivering, importing or exporting any

7-28 controlled substance in violation of the provisions of NRS 453.011

7-29 to 453.552, inclusive, and section 1 of this act or a law of any other

7-30 jurisdiction which prohibits the same or similar conduct.

7-31 3. All property which is used, or intended for use, as a

7-32 container for property described in subsections 1 and 2.

7-33 4. All books, records and research products and materials,

7-34 including formulas, microfilm, tapes and data, which are used, or

7-35 intended for use, in violation of the provisions of NRS 453.011 to

7-36 453.552, inclusive, and section 1 of this act or a law of any other

7-37 jurisdiction which prohibits the same or similar conduct.

7-38 5. All conveyances, including aircraft, vehicles or vessels,

7-39 which are used, or intended for use, to transport, or in any manner to

7-40 facilitate the transportation, concealment, manufacture or protection,

7-41 for the purpose of sale, possession for sale or receipt of property

7-42 described in subsection 1 or 2.

7-43 6. All drug paraphernalia as defined by NRS 453.554 which

7-44 are used in violation of NRS 453.560, 453.562 or 453.566 or a law

8-1 of any other jurisdiction which prohibits the same or similar

8-2 conduct, or of an injunction issued pursuant to NRS 453.558.

8-3 7. All imitation controlled substances which have been

8-4 manufactured, distributed or dispensed in violation of the provisions

8-5 of NRS 453.332 or 453.3611 to 453.3648, inclusive, and section 1

8-6 of this act or a law of any other jurisdiction which prohibits the

8-7 same or similar conduct.

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

8-9 used by any owner or tenant of the property or mobile home to

8-10 facilitate a violation of the provisions of NRS 453.011 to 453.552,

8-11 inclusive, and section 1 of this act, except NRS 453.336, or used or

8-12 intended to be used to facilitate a violation of a law of any other

8-13 jurisdiction which prohibits the same or similar conduct as

8-14 prohibited in NRS 453.011 to 453.552, inclusive, and section 1 of

8-15 this act, except NRS 453.336. As used in this subsection, “tenant”

8-16 means any person entitled, under a written or oral rental agreement,

8-17 to occupy real property or a mobile home to the exclusion of others.

8-18 9. Everything of value furnished or intended to be furnished in

8-19 exchange for a controlled substance in violation of the provisions of

8-20 NRS 453.011 to 453.552, inclusive, and section 1 of this act or a

8-21 law of any other jurisdiction which prohibits the same or similar

8-22 conduct, all proceeds traceable to such an exchange, and all other

8-23 property used or intended to be used to facilitate a violation of the

8-24 provisions of NRS 453.011 to 453.552, inclusive, and section 1 of

8-25 this act, except NRS 453.336, or used or intended to be used to

8-26 facilitate a violation of a law of any other jurisdiction which

8-27 prohibits the same or similar conduct as prohibited in NRS 453.011

8-28 to 453.552, inclusive, and section 1 of this act, except NRS

8-29 453.336. If an amount of cash which exceeds $300 is found in the

8-30 possession of a person who is arrested for a violation of NRS

8-31 453.337 or 453.338, then there is a rebuttable presumption that the

8-32 cash is traceable to an exchange for a controlled substance and is

8-33 subject to forfeiture pursuant to this subsection.

8-34 10. All firearms, as defined by NRS 202.253, which are in the

8-35 actual or constructive possession of a person who possesses or is

8-36 consuming, manufacturing, transporting, selling or under the

8-37 influence of any controlled substance in violation of the provisions

8-38 of NRS 453.011 to 453.552, inclusive, and section 1 of this act or a

8-39 law of any other jurisdiction which prohibits the same or similar

8-40 conduct.

8-41 11. All computer hardware, equipment, accessories, software

8-42 and programs that are in the actual or constructive possession of a

8-43 person who owns, operates, controls, profits from or is employed or

8-44 paid by an illegal Internet pharmacy and who violates the provisions

8-45 of NRS 453.3611 to 453.3648, inclusive, and section 1 of this act or

9-1 a law of any other jurisdiction which prohibits the same or similar

9-2 conduct.

9-3 Sec. 13. NRS 453.305 is hereby amended to read as follows:

9-4 453.305 1. Whenever a person is arrested for violating any of

9-5 the provisions of NRS 453.011 to 453.552, inclusive, and section 1

9-6 of this act, except NRS 453.336, and real property or a mobile home

9-7 occupied by him as a tenant has been used to facilitate the violation,

9-8 the prosecuting attorney responsible for the case shall cause to be

9-9 delivered to the owner of the property or mobile home a written

9-10 notice of the arrest.

9-11 2. Whenever a person is convicted of violating any of the

9-12 provisions of NRS 453.011 to 453.552, inclusive, and section 1 of

9-13 this act, except NRS 453.336, and real property or a mobile home

9-14 occupied by him as a tenant has been used to facilitate the violation,

9-15 the prosecuting attorney responsible for the case shall cause to be

9-16 delivered to the owner of the property or mobile home a written

9-17 notice of the conviction.

9-18 3. The notices required by this section must:

9-19 (a) Be written in language which is easily understood;

9-20 (b) Be sent by certified or registered mail, return receipt

9-21 requested, to the owner at his last known address;

9-22 (c) Be sent within 15 days after the arrest occurs or judgment of

9-23 conviction is entered against the tenant, as the case may be;

9-24 (d) Identify the tenant involved and the offense for which he has

9-25 been arrested or convicted; and

9-26 (e) Advise the owner that:

9-27 (1) The property or mobile home is subject to forfeiture

9-28 pursuant to NRS 179.1156 to 179.119, inclusive, and 453.301 unless

9-29 the tenant, if convicted, is evicted;

9-30 (2) Any similar violation by the same tenant in the future

9-31 may also result in the forfeiture of the property unless the tenant has

9-32 been evicted;

9-33 (3) In any proceeding for forfeiture based upon such a

9-34 violation he will, by reason of the notice, be deemed to have known

9-35 of and consented to the unlawful use of the property or mobile

9-36 home; and

9-37 (4) The provisions of NRS 40.2514 and 40.254 authorize the

9-38 supplemental remedy of summary eviction to facilitate his recovery

9-39 of the property or mobile home upon such a violation and provide

9-40 for the recovery of any reasonable attorney’s fees he incurs in doing

9-41 so.

9-42 4. Nothing in this section shall be deemed to preclude the

9-43 commencement of a proceeding for forfeiture or the forfeiture of the

9-44 property or mobile home, whether or not the notices required by this

9-45 section are given as required, if the proceeding and forfeiture are

10-1 otherwise authorized pursuant to NRS 179.1156 to 179.119,

10-2 inclusive, and 453.301.

10-3 5. As used in this section, “tenant” means any person entitled

10-4 under a written or oral rental agreement to occupy real property or a

10-5 mobile home to the exclusion of others.

10-6 Sec. 14. NRS 453.311 is hereby amended to read as follows:

10-7 453.311 1. Controlled substances listed in schedule I:

10-8 (a) That are possessed, transferred, sold or offered for sale in

10-9 violation of the provisions of NRS 453.011 to 453.552, inclusive,

10-10 and section 1 of this act are contraband and [shall] must be seized

10-11 and summarily forfeited to the State.

10-12 (b) Which are seized or come into the possession of the State,

10-13 the owners of which are unknown, are contraband and [shall] must

10-14 be summarily forfeited to the State.

10-15 2. Species of plants from which controlled substances in

10-16 schedules I and II may be derived which have been planted or

10-17 cultivated in violation of the provisions of NRS 453.011 to 453.552,

10-18 inclusive, and section 1 of this act or of which the owners or

10-19 cultivators are unknown, or which are wild growths, may be seized

10-20 and summarily forfeited to the State.

10-21 3. The failure, upon demand by the Division or other law

10-22 enforcement agency, or the authorized agent of either, of the person

10-23 in occupancy or in control of land or premises upon which the

10-24 species of plants are growing or being stored, to produce an

10-25 appropriate registration, or proof that he is the holder thereof,

10-26 constitutes authority for the seizure and forfeiture of the plants.

10-27 Sec. 15. NRS 453.326 is hereby amended to read as follows:

10-28 453.326 1. It is unlawful for a person:

10-29 (a) To refuse or fail to make, keep or furnish any record,

10-30 notification, order form, statement, invoice or information required

10-31 under the provisions of NRS 453.011 to 453.552, inclusive[;] , and

10-32 section 1 of this act;

10-33 (b) To refuse an entry into any premises for any inspection

10-34 authorized by the provisions of NRS 453.011 to 453.552, inclusive

10-35 [;] , and section 1 of this act; or

10-36 (c) Knowingly to keep or maintain any store, shop, warehouse,

10-37 dwelling, building, vehicle, boat, aircraft or other structure or place

10-38 which is resorted to by persons using controlled substances in

10-39 violation of the provisions of NRS 453.011 to 453.552, inclusive,

10-40 and section 1 of this act for the purpose of using these substances,

10-41 or which is used for keeping or selling them in violation of those

10-42 sections.

10-43 2. A person who violates this section is guilty of a category C

10-44 felony and shall be punished as provided in NRS 193.130.

11-1 Sec. 16. NRS 453.3363 is hereby amended to read as follows:

11-2 453.3363 1. If a person who has not previously been

11-3 convicted of any offense pursuant to NRS 453.011 to 453.552,

11-4 inclusive, and section 1 of this act or pursuant to any statute of the

11-5 United States or of any state relating to narcotic drugs, marijuana, or

11-6 stimulant, depressant or hallucinogenic substances tenders a plea of

11-7 guilty, guilty but mentally ill, nolo contendere or similar plea to a

11-8 charge pursuant to subsection 2 or 3 of NRS 453.336, NRS 453.411

11-9 or 454.351, or is found guilty of one of those charges, the court,

11-10 without entering a judgment of conviction and with the consent of

11-11 the accused, may suspend further proceedings and place him on

11-12 probation upon terms and conditions that must include attendance

11-13 and successful completion of an educational program or, in the case

11-14 of a person dependent upon drugs, of a program of treatment and

11-15 rehabilitation pursuant to NRS 453.580.

11-16 2. Upon violation of a term or condition, the court may enter a

11-17 judgment of conviction and proceed as provided in the section

11-18 pursuant to which the accused was charged. Notwithstanding the

11-19 provisions of paragraph (e) of subsection 2 of NRS 193.130, upon

11-20 violation of a term or condition, the court may order the person to

11-21 the custody of the Department of Corrections.

11-22 3. Upon fulfillment of the terms and conditions, the court shall

11-23 discharge the accused and dismiss the proceedings against him. A

11-24 nonpublic record of the dismissal must be transmitted to and

11-25 retained by the Division of Parole and Probation of the Department

11-26 of Public Safety solely for the use of the courts in determining

11-27 whether, in later proceedings, the person qualifies under this section.

11-28 4. Except as otherwise provided in subsection 5, discharge and

11-29 dismissal under this section is without adjudication of guilt and is

11-30 not a conviction for purposes of this section or for purposes of

11-31 employment, civil rights or any statute or regulation or license or

11-32 questionnaire or for any other public or private purpose, but is a

11-33 conviction for the purpose of additional penalties imposed for

11-34 second or subsequent convictions or the setting of bail. Discharge

11-35 and dismissal restores the person discharged, in the contemplation

11-36 of the law, to the status occupied before the arrest, indictment or

11-37 information. He may not be held thereafter under any law to be

11-38 guilty of perjury or otherwise giving a false statement by reason of

11-39 failure to recite or acknowledge that arrest, indictment, information

11-40 or trial in response to an inquiry made of him for any purpose.

11-41 Discharge and dismissal under this section may occur only once

11-42 with respect to any person.

11-43 5. A professional licensing board may consider a proceeding

11-44 under this section in determining suitability for a license or liability

11-45 to discipline for misconduct. Such a board is entitled for those

12-1 purposes to a truthful answer from the applicant or licensee

12-2 concerning any such proceeding with respect to him.

12-3 Sec. 17. NRS 453.346 is hereby amended to read as follows:

12-4 453.346 1. If a violation of NRS 453.011 to 453.552,

12-5 inclusive, and section 1 of this act is a violation of a federal law or

12-6 the law of another state, a conviction or acquittal under federal law

12-7 or the law of another state for the same act is a bar to prosecution in

12-8 this state.

12-9 2. The provisions of subsection 1 do not prohibit any licensing

12-10 board within this state from proceeding administratively to suspend

12-11 or revoke any certificate, license or permit held by any person who

12-12 has been convicted of a violation of any federal or state controlled

12-13 substance law.

12-14 Sec. 18. NRS 453.3635 is hereby amended to read as follows:

12-15 453.3635 1. The provisions of NRS 453.3611 to 453.3648,

12-16 inclusive, and section 1 of this act do not apply to a person who is:

12-17 [1.] (a) A common or contract carrier or warehouseman, or an

12-18 employee thereof, unless the person is acting outside of the usual

12-19 course of his business or employment and knows or has reasonable

12-20 cause to believe that the act or transaction is unlawful.

12-21 2.] (b) The intended recipient of a substance or drug, unless the

12-22 intended recipient knows or has reasonable cause to believe that the

12-23 act or transaction is unlawful.

12-24 2. The provisions of NRS 453.3611 to 453.3648, inclusive,

12-25 and section 1 of this act do not prohibit a person from filling or

12-26 refilling a prescription for a prescription drug during the period in

12-27 which the prescription is valid pursuant to NRS 453.256 if the

12-28 person is otherwise authorized by the provisions of NRS 453.011

12-29 to 453.552, inclusive, and section 1 of this act to dispense or

12-30 distribute the prescription drug.

12-31 Sec. 19. NRS 453.3648 is hereby amended to read as follows:

12-32 453.3648 1. The Attorney General has concurrent jurisdiction

12-33 with the district attorneys of this state for the enforcement of the

12-34 provisions of NRS 453.3611 to 453.3648, inclusive[.] , and section

12-35 1 of this act.

12-36 2. The Attorney General may investigate and prosecute a

12-37 practitioner or any other person who violates the provisions of:

12-38 (a) NRS 453.3611 to 453.3648, inclusive[;] , and section 1 of

12-39 this act; and

12-40 (b) Any other statute if the violation is committed by the

12-41 practitioner or person in the course of committing a violation

12-42 described in paragraph (a).

12-43 3. When acting pursuant to this section, the Attorney General

12-44 may commence his investigation and file a criminal action without

13-1 leave of court, and the Attorney General has exclusive charge of the

13-2 conduct of the prosecution.

13-3 Sec. 20. NRS 453.381 is hereby amended to read as follows:

13-4 453.381 1. In addition to the limitations imposed by NRS

13-5 453.256 and 453.3611 to 453.3648, inclusive, and section 1 of this

13-6 act, a physician, physician assistant, dentist, advanced practitioner

13-7 of nursing or podiatric physician may prescribe or administer

13-8 controlled substances only for a legitimate medical purpose and in

13-9 the usual course of his professional practice, and he shall not

13-10 prescribe, administer or dispense a controlled substance listed in

13-11 schedule II for himself, his spouse or his children except in cases of

13-12 emergency.

13-13 2. A veterinarian, in the course of his professional practice

13-14 only, and not for use by a human being, may prescribe, possess and

13-15 administer controlled substances, and he may cause them to be

13-16 administered by a veterinary technician under his direction and

13-17 supervision.

13-18 3. A euthanasia technician, within the scope of his license, and

13-19 not for use by a human being, may possess and administer sodium

13-20 pentobarbital.

13-21 4. A pharmacist shall not fill an order which purports to be a

13-22 prescription if he has reason to believe that it was not issued in the

13-23 usual course of the professional practice of a physician, physician

13-24 assistant, dentist, advanced practitioner of nursing, podiatric

13-25 physician or veterinarian.

13-26 5. Any person who has obtained from a physician, physician

13-27 assistant, dentist, advanced practitioner of nursing, podiatric

13-28 physician or veterinarian any controlled substance for administration

13-29 to a patient during the absence of the physician, physician assistant,

13-30 dentist, advanced practitioner of nursing, podiatric physician or

13-31 veterinarian shall return to him any unused portion of the substance

13-32 when it is no longer required by the patient.

13-33 6. A manufacturer, wholesale supplier or other person legally

13-34 able to furnish or sell any controlled substance listed in schedule II

13-35 shall not provide samples of such a controlled substance to

13-36 registrants.

13-37 7. A salesman of any manufacturer or wholesaler of

13-38 pharmaceuticals shall not possess, transport or furnish any

13-39 controlled substance listed in schedule II.

13-40 8. A person shall not dispense a controlled substance in

13-41 violation of a regulation adopted by the Board.

13-42 Sec. 21. NRS 453.541 is hereby amended to read as follows:

13-43 453.541 The criminal sanction provided in NRS 453.011 to

13-44 453.552, inclusive, and section 1 of this act does not apply to that

13-45 plant of the genus Lophophora commonly known as peyote when

14-1 such drug is used as the sacrament in religious rites of any bona fide

14-2 religious organization.

14-3 Sec. 22. NRS 453.551 is hereby amended to read as follows:

14-4 453.551 All agents or inspectors of the Board or Division,

14-5 peace officers, and the Attorney General, district attorneys and their

14-6 deputies while investigating violations of the provisions of NRS

14-7 453.011 to 453.552, inclusive, and section 1 of this act in

14-8 performance of their official duties, and any person working under

14-9 their immediate direction, supervision or instruction are immune

14-10 from prosecution under the provisions of such sections for acts

14-11 which would otherwise be unlawful under such provisions but

14-12 which are reasonably necessary in the performance of their official

14-13 duties.

14-14 Sec. 23. NRS 453.552 is hereby amended to read as follows:

14-15 453.552 1. Any penalty imposed for violation of NRS

14-16 453.011 to 453.551, inclusive, and section 1 of this act is in

14-17 addition to, and not in lieu of, any civil or administrative penalty or

14-18 sanction otherwise authorized by law.

14-19 2. Any violation of the provisions of NRS 453.011 to 453.551,

14-20 inclusive, and section 1 of this act where no other penalty is

14-21 specifically provided, is a misdemeanor.

14-22 Sec. 24. NRS 453.553 is hereby amended to read as follows:

14-23 453.553 1. In addition to any criminal penalty imposed for a

14-24 violation of the provisions of NRS 453.011 to 453.552, inclusive,

14-25 and section 1 of this act, any person who unlawfully sells,

14-26 manufactures, delivers or brings into this state, possesses for sale or

14-27 participates in any way in a sale of a controlled substance listed in

14-28 schedule I, II or III or who engages in any act or transaction in

14-29 violation of the provisions of NRS 453.3611 to 453.3648, inclusive,

14-30 and section 1 of this act is subject to a civil penalty for each

14-31 violation. This penalty must be recovered in a civil action, brought

14-32 in the name of the State of Nevada by the Attorney General or by

14-33 any district attorney in a court of competent jurisdiction.

14-34 2. As used in this section and NRS 453.5531, 453.5532 and

14-35 453.5533:

14-36 (a) “Each violation” includes a continuous or repetitive violation

14-37 arising out of the same act.

14-38 (b) “Sell” includes exchange, barter, solicitation or receipt of an

14-39 order, transfer to another for sale or resale and any other transfer for

14-40 any consideration or a promise obtained directly or indirectly.

14-41 (c) “Substitute” means a substance which:

14-42 (1) Was manufactured by a person who at the time was not

14-43 currently registered with the Secretary of Health and Human

14-44 Services; and

15-1 (2) Is an imitation of or intended for use as a substitute for a

15-2 substance listed in schedule I, II or III.

15-3 Sec. 25. NRS 453.5531 is hereby amended to read as follows:

15-4 453.5531 1. The State of Nevada is entitled, in a civil action

15-5 brought pursuant to NRS 453.553 involving marijuana, to a civil

15-6 penalty in an amount:

15-7 (a) Not to exceed $350,000, if the quantity involved is 100

15-8 pounds or more, but less than 2,000 pounds.

15-9 (b) Not to exceed $700,000, if the quantity involved is 2,000

15-10 pounds or more, but less than 10,000 pounds.

15-11 (c) Not to exceed $1,000,000, if the quantity involved is 10,000

15-12 pounds or more.

15-13 2. The State of Nevada is entitled, in a civil action brought

15-14 pursuant to NRS 453.553 involving a controlled substance, except

15-15 marijuana, which is listed in schedule I or a substitute therefor, to a

15-16 civil penalty in an amount:

15-17 (a) Not to exceed $350,000, if the quantity involved is 4 grams

15-18 or more, but less than 14 grams.

15-19 (b) Not to exceed $700,000, if the quantity involved is 14 grams

15-20 or more, but less than 28 grams.

15-21 (c) Not to exceed $1,000,000, if the quantity involved is 28

15-22 grams or more.

15-23 3. The State of Nevada is entitled, in a civil action brought

15-24 pursuant to NRS 453.553 involving a controlled substance which is

15-25 listed in schedule II or III or a substitute therefor, to a civil penalty

15-26 in an amount:

15-27 (a) Not to exceed $350,000, if the quantity involved is 28 grams

15-28 or more, but less than 200 grams.

15-29 (b) Not to exceed $700,000, if the quantity involved is 200

15-30 grams or more, but less than 400 grams.

15-31 (c) Not to exceed $1,000,000, if the quantity involved is 400

15-32 grams or more.

15-33 4. Unless a greater civil penalty is authorized by another

15-34 provision of this section, the State of Nevada is entitled, in a civil

15-35 action brought pursuant to NRS 453.553 involving any act or

15-36 transaction in violation of the provisions of NRS 453.3611 to

15-37 453.3648, inclusive, and section 1 of this act to a civil penalty in an

15-38 amount not to exceed $350,000.

15-39 Sec. 26. NRS 453.5533 is hereby amended to read as follows:

15-40 453.5533 1. A civil action brought pursuant to NRS 453.553

15-41 must be brought within 3 years after the conduct in violation of the

15-42 provisions of NRS 453.011 to 453.552, inclusive, and section 1 of

15-43 this act occurs.

15-44 2. Such a civil action is not barred by a prior acquittal of the

15-45 defendant in a criminal action arising out of the same act,

16-1 transaction or occurrence. A final judgment or decree rendered in

16-2 favor of the State in any criminal proceeding arising out of the same

16-3 act, transaction or occurrence estops the defendant in a subsequent

16-4 civil action from denying the essential allegations of the criminal

16-5 offense.

16-6 Sec. 27. NRS 453.570 is hereby amended to read as follows:

16-7 453.570 The amount of a controlled substance needed to

16-8 sustain a conviction of a person for an offense prohibited by the

16-9 provisions of NRS 453.011 to 453.552, inclusive, and section 1 of

16-10 this act is that amount necessary for identification as a controlled

16-11 substance by a witness qualified to make such identification.

16-12 Sec. 28. NRS 40.2514 is hereby amended to read as follows:

16-13 40.2514 A tenant of real property or a mobile home for a term

16-14 less than life is guilty of an unlawful detainer when he:

16-15 1. Assigns or sublets the leased premises contrary to the

16-16 covenants of the lease;

16-17 2. Commits or permits waste thereon;

16-18 3. Sets up or carries on therein or thereon any unlawful

16-19 business;

16-20 4. Suffers, permits or maintains on or about the premises any

16-21 nuisance; or

16-22 5. Violates any of the provisions of NRS 453.011 to 453.552,

16-23 inclusive, and section 1 of this act, except NRS 453.336, therein or

16-24 thereon,

16-25 and remains in possession after service upon him of 3 days’ notice

16-26 to quit.

16-27 Sec. 29. NRS 40.254 is hereby amended to read as follows:

16-28 40.254 Except as otherwise provided by specific statute, in

16-29 addition to the remedy provided in NRS 40.251 and in NRS 40.290

16-30 to 40.420, inclusive, when the tenant of a dwelling unit which is

16-31 subject to the provisions of chapter 118A of NRS, part of a low-rent

16-32 housing program operated by a public housing authority, a mobile

16-33 home or a recreational vehicle is guilty of an unlawful detainer, the

16-34 landlord is entitled to the summary procedures provided in NRS

16-35 40.253 except that:

16-36 1. Written notice to surrender the premises must:

16-37 (a) Be given to the tenant in accordance with the provisions of

16-38 NRS 40.280;

16-39 (b) Advise the tenant of the court that has jurisdiction over the

16-40 matter; and

16-41 (c) Advise the tenant of his right to contest the notice by filing

16-42 within 5 days an affidavit with the court that has jurisdiction over

16-43 the matter that he is not guilty of an unlawful detainer.

16-44 2. The affidavit of the landlord or his agent submitted to the

16-45 justice’s court or the district court must contain:

17-1 (a) The date when the tenancy commenced, the term of the

17-2 tenancy, and, if any, a copy of the rental agreement.

17-3 (b) The date when the tenancy or rental agreement allegedly

17-4 terminated.

17-5 (c) The date when the tenant became subject to the provisions of

17-6 NRS 40.251 to 40.2516, inclusive, together with any supporting

17-7 facts.

17-8 (d) The date when the written notice was given, a copy of the

17-9 notice and a statement that notice was served in accordance with

17-10 NRS 40.280.

17-11 (e) A statement that the claim for relief was authorized by law.

17-12 3. If the tenant is found guilty of unlawful detainer as a result

17-13 of his violation of any of the provisions of NRS 453.011 to 453.552,

17-14 inclusive, and section 1 of this act, except NRS 453.336, the

17-15 landlord is entitled to be awarded any reasonable attorney’s fees

17-16 incurred by the landlord or his agent as a result of a hearing, if any,

17-17 held pursuant to subsection 6 of NRS 40.253 wherein the tenant

17-18 contested the eviction.

17-19 Sec. 30. NRS 179.1164 is hereby amended to read as follows:

17-20 179.1164 1. Except as otherwise provided in subsection 2,

17-21 the following property is subject to seizure and forfeiture in a

17-22 proceeding for forfeiture:

17-23 (a) Any proceeds attributable to the commission or attempted

17-24 commission of any felony.

17-25 (b) Any property or proceeds otherwise subject to forfeiture

17-26 pursuant to NRS 179.121, 200.760, 202.257, 453.301 or 501.3857.

17-27 2. Property may not, to the extent of the interest of any

17-28 claimant, be declared forfeited by reason of an act or omission

17-29 shown to have been committed or omitted without the knowledge,

17-30 consent or willful blindness of the claimant.

17-31 3. Unless the owner of real property or a mobile home:

17-32 (a) Has given the tenant notice to surrender the premises

17-33 pursuant to NRS 40.254 within 90 days after the owner receives

17-34 notice of a conviction pursuant to subsection 2 of NRS 453.305; or

17-35 (b) Shows the court that he had good cause not to evict the

17-36 tenant summarily pursuant to NRS 40.254,

17-37 the owner of real property or a mobile home used or intended for

17-38 use by a tenant to facilitate any violation of the provisions of NRS

17-39 453.011 to 453.552, inclusive, and section 1 of this act, except NRS

17-40 453.336, is disputably presumed to have known of and consented to

17-41 that use if the notices required by NRS 453.305 have been given in

17-42 connection with another such violation relating to the property or

17-43 mobile home. The holder of a lien or encumbrance on the property

17-44 or mobile home is disputably presumed to have acquired his interest

17-45 in the property for fair value and without knowledge or consent to

18-1 such use, regardless of when the act giving rise to the forfeiture

18-2 occurred.

18-3 Sec. 31. NRS 639.070 is hereby amended to read as follows:

18-4 639.070 1. The Board may:

18-5 (a) Adopt such regulations, not inconsistent with the laws of this

18-6 state, as are necessary for the protection of the public, appertaining

18-7 to the practice of pharmacy and the lawful performance of its duties.

18-8 (b) Adopt regulations requiring that prices charged by retail

18-9 pharmacies for drugs and medicines which are obtained by

18-10 prescription be posted in the pharmacies and be given on the

18-11 telephone to persons requesting such information.

18-12 (c) Adopt regulations, not inconsistent with the laws of this

18-13 state, authorizing the Secretary to issue certificates, licenses and

18-14 permits required by this chapter and chapters 453 and 454 of NRS.

18-15 (d) Adopt regulations governing the dispensing of poisons,

18-16 drugs, chemicals and medicines.

18-17 (e) Regulate the practice of pharmacy.

18-18 (f) Regulate the sale and dispensing of poisons, drugs, chemicals

18-19 and medicines.

18-20 (g) Regulate the means of recordkeeping and storage, handling,

18-21 sanitation and security of drugs, poisons, medicines, chemicals and

18-22 devices, including, but not limited to, requirements relating to:

18-23 (1) Pharmacies, institutional pharmacies and pharmacies in

18-24 correctional institutions;

18-25 (2) Drugs stored in hospitals; and

18-26 (3) Drugs stored for the purpose of wholesale distribution.

18-27 (h) Examine and register, upon application, pharmacists and

18-28 other persons who dispense or distribute medications whom it

18-29 deems qualified.

18-30 (i) Charge and collect necessary and reasonable fees for its

18-31 services, other than those specifically set forth in this chapter.

18-32 (j) Maintain offices in as many localities in the State as it finds

18-33 necessary to carry out the provisions of this chapter.

18-34 (k) Employ an attorney, inspectors, investigators and other

18-35 professional consultants and clerical personnel necessary to the

18-36 discharge of its duties.

18-37 (l) Enforce the provisions of NRS 453.011 to 453.552, inclusive,

18-38 and section 1 of this act and enforce the provisions of this chapter

18-39 and chapter 454 of NRS.

18-40 (m) Adopt regulations concerning the information required to be

18-41 submitted in connection with an application for any license,

18-42 certificate or permit required by this chapter or chapter 453 or 454

18-43 of NRS.

18-44 (n) Adopt regulations concerning the education, experience and

18-45 background of a person who is employed by the holder of a license

19-1 or permit issued pursuant to this chapter and who has access to

19-2 drugs and devices.

19-3 (o) Adopt regulations concerning the use of computerized

19-4 mechanical equipment for the filling of prescriptions.

19-5 (p) Participate in and expend money for programs that enhance

19-6 the practice of pharmacy.

19-7 2. This section does not authorize the Board to prohibit open-

19-8 market competition in the advertising and sale of prescription drugs

19-9 and pharmaceutical services.

19-10 Sec. 32. NRS 639.235 is hereby amended to read as follows:

19-11 639.235 1. No person other than a practitioner holding a

19-12 license to practice his profession in this state may prescribe or write

19-13 a prescription, except that a prescription written by a person not

19-14 licensed to practice in this state but authorized by the laws of

19-15 another state to prescribe shall be deemed to be a legal prescription

19-16 unless the person prescribed or wrote the prescription in violation of

19-17 the provisions of NRS 453.3611 to 453.3648, inclusive[.] , and

19-18 section 1 of this act.

19-19 2. If a prescription that is prescribed by a person who is not

19-20 licensed to practice in this state, but is authorized by the laws of

19-21 another state to prescribe, calls for a controlled substance listed in:

19-22 (a) Schedule II, the registered pharmacist who is to fill the

19-23 prescription shall establish and document that the prescription is

19-24 authentic and that a bona fide relationship between the patient and

19-25 the person prescribing the controlled substance did exist when the

19-26 prescription was written.

19-27 (b) Schedule III or IV, the registered pharmacist who is to fill

19-28 the prescription shall establish, in his professional judgment, that the

19-29 prescription is authentic and that a bona fide relationship between

19-30 the patient and the person prescribing the controlled substance did

19-31 exist when the prescription was written. This paragraph does not

19-32 require the registered pharmacist to inquire into such a relationship

19-33 upon the receipt of each such prescription.

19-34 Sec. 33. This act becomes effective on July 1, 2003.

19-35 H