Nev. Admin. Code § 639.742

Current through February 27, 2024
Section 639.742 - Dispensing of controlled substances or dangerous drugs: Application by practitioner for certificate of registration; application by facility required under certain circumstances; duties of dispensing practitioner and facility relating to drugs; authority of dispensing practitioner and technician
1. Except as otherwise provided in NAC 639.7423, a practitioner who wishes to dispense controlled substances or dangerous drugs, or both, for human consumption must apply to the Board on an application provided by the Board for a certificate of registration to dispense controlled substances or dangerous drugs. A practitioner must submit a separate application for each site of practice, including, without limitation, a telepharmacy, remote site or satellite consultation site, from which the practitioner wishes to dispense controlled substances or dangerous drugs, or both, for human consumption. A certificate of registration to dispense controlled substances or dangerous drugs, or both, for human consumption is a revocable privilege, and no holder of such a certificate of registration acquires any vested right therein or thereunder.
2. Except as otherwise provided in NAC 639.7423 and section 3 of LCB File No. R004-19, if a facility from which the practitioner intends to dispense dangerous drugs or controlled substances, or both, for human consumption is not wholly owned and operated by the practitioner, the owner or owners of the facility must also submit an application to the Board on a form provided by the Board.
3. Except as otherwise provided in this section and NRS 639.23277 and NAC 639.395, 639.648 and 639.7423 and section 1, the dispensing practitioner and, if applicable, the owner or owners of the facility and any federally-qualified health care center vehicle, shall ensure that:
(a) All drugs are ordered by the dispensing practitioner;
(b) All drugs are received and accounted for by the dispensing practitioner;
(c) All drugs are stored in a secure, locked room or cabinet to which the dispensing practitioner has the only key or lock combination;
(d) All drugs are dispensed in accordance with NAC 639.745;
(e) No prescription is dispensed to a patient unless the dispensing practitioner is on-site at the facility or federally-qualified health center vehicle, as applicable;
(f) All drugs are dispensed only to the patient personally at the facility or federally-qualified health center vehicle, as applicable;
(g) The price of each drug dispensed to a patient is separately itemized on any bill or statement provided to the patient;
(h) All drugs are dispensed only for medically necessary purposes and according to prevailing standards of care for practitioners practicing in the specialty claimed or practiced by the dispensing practitioner; and
(i) The certificate for each dispensing technician employed at the facility is displayed in the room or cabinet in which drugs are stored.
4. Except as otherwise provided in NAC 639.648 and 639.7423 and section 1, with regard to the filling and dispensing of a prescription at a facility, only the dispensing practitioner or a dispensing technician may:
(a) Enter the room or cabinet in which drugs are stored;
(b) Remove drugs from stock;
(c) Count, pour or reconstitute drugs;
(d) Place drugs into containers;
(e) Produce and affix appropriate labels to containers that contain or will contain drugs;
(f) Fill containers for later use in dispensing drugs; or
(g) Package or repackage drugs.
5. Except as otherwise provided in NAC 639.7423, a dispensing practitioner may compound drug products if he or she complies with the provisions of NAC 639.661 to 639.690, inclusive, as if:
(a) He or she were a pharmacist;
(b) His or her practice site was a pharmacy; and
(c) Any dispensing technician involved in the compounding was a pharmaceutical technician.
6. Except as otherwise provided in subsection 6 of section 1 of LCB File No. R007-21, the dispensing practitioners of an oncology group practice registered pursuant to section 1 of LCB File No. R007-21 are jointly responsible for ensuring that the requirements prescribed by subsection 3 are met.

Nev. Admin. Code § 639.742

Added to NAC by Bd. of Pharmacy by R034-02, eff. 5-30-2003; A by R035-06, 9-18-2008; R037-10, 10-15-2010; A by R098-13, eff. 3/28/2014; A by R146-17AP, eff. 5/16/2018; A by R004-19A, eff. 12/17/2019; A by R007-21A, eff. 6/13/2022; A by R181-22A, eff. 12/7/2022; A by R178-22A, eff. 12/16/2022; A by R180-22A, eff. 12/29/2022

NRS 639.070, 639.0727