Section 639.817 - Real-time, stop sale system: Duties of pharmacy; completion of sale or transfer despite an alert from or without first consulting the system authorized in certain circumstances1. Except as otherwise provided in NRS 639.440, on or before the 90th day after a pharmacy in this State receives notice from the Board that it has approved a real-time, stop sale system pursuant to NRS 639.430, the pharmacy shall: (a) Obtain access to and begin using the real-time, stop sale system to document the sale or transfer of each product that is a precursor to methamphetamine; (b) Verify that the pharmacy is submitting to the system the information required pursuant to paragraph (b) of subsection 1 of section 2 of this regulation in real time; (c) In accordance with NRS 639.440, obtain any information necessary from the person seeking the purchase or transfer of a product that is a precursor to methamphetamine to receive notice from the real-time, stop sale system; (d) Review the information provided by the real-time, stop sale system before completing any sale or transfer of a product that is a precursor to methamphetamine to verify that the sale or transfer of the product does not violate NRS 453.355 or any other state or federal law which prohibits the sale or transfer of a product that is a precursor to methamphetamine; and(e) Except as otherwise provided in subsection 2, not allow the sale or transfer of a product to be completed if the pharmacy receives an alert from the real-time, stop sale system that the sale or transfer of the product may violate NRS 453.355 or any other state or federal law which prohibits the sale or transfer of a product that is a precursor to methamphetamine. 2. A pharmacist or an employee of the pharmacy may complete a sale or transfer of a product despite an alert from the real-time, stop sale system that the sale or transfer of the product may violate NRS 453.355 or any other state or federal law which prohibits the sale or transfer of a product that is a precursor to methamphetamine if the pharmacist or employee of the pharmacy has a reasonable fear of imminent bodily harm if the sale or transfer is not completed. If a pharmacist or an employee of the pharmacy completes a sale or transfer pursuant to this subsection, the pharmacist or employee of the pharmacy shall report the sale or transfer to the Board and an appropriate law enforcement agency as soon as the pharmacist or the employee of the pharmacy reasonably believes that the imminent danger has subsided but not later than 24 hours after the sale or transfer. 3. A pharmacist or an employee of a pharmacy may complete a sale or transfer of a product that is a precursor to methamphetamine without first consulting a real-time, stop sale system approved by the Board pursuant to NRS 639.430 if the pharmacy: (a) Experiences a mechanical or electronic failure of the real-time, stop sale system or the real-time, stop sale system is otherwise unavailable; (b) Requests and is granted from the Executive Secretary a temporary waiver of the requirement of using the real-time, stop sale system; and(c) Maintains the information required to be submitted to the real-time, stop sale system pursuant to section 2 of this regulation on a written list or in another alternative format until the waiver is terminated.Nev. Admin. Code § 639.817
Added to NAC by Bd. of Pharmacy by R097-13, eff. 3/28/2014NRS 639.070, 639.430, 639.440