Section 639.7423 - Dispensing of controlled substances or dangerous drugs: Application by veterinarian for certificate of registration; duties of veterinarian and veterinary facility; maintenance of records; exemption from certain regulations1. A licensed veterinarian who wishes to dispense controlled substances or dangerous drugs, or both, not 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, or both, not for human consumption. A certificate of registration issued pursuant to this section:(a) Entitles the licensed veterinarian to dispense controlled substances or dangerous drugs, or both, not for human consumption from any veterinary facility at which he or she engages in the practice of veterinary medicine.(b) Must be renewed at the same time and in the same manner as certificates of registration by other practitioners.(c) Is a revocable privilege, and no holder of such a certificate of registration acquires any vested right therein or thereunder.2. A veterinary facility at which controlled substances or dangerous drugs are possessed, administered, prescribed or dispensed:(a) Shall ensure that at least one veterinarian who practices at that veterinary facility registers and maintains a registration with the Drug Enforcement Administration of the United States Department of Justice and the Board.(b) Except as otherwise provided in paragraph (c), may allow only veterinarians, veterinary technicians or veterinary technicians in training at that veterinary facility to prepare a prescription drug for dispensing.(c) May allow veterinary assistants at that facility to prepare a prescription drug, other than a controlled substance or dangerous drug, for dispensing.(d) Shall ensure that a prescription drug which is new for an animal is not dispensed unless a veterinarian or veterinary technician is at the veterinary facility or is otherwise available at the time the prescription drug is dispensed.(e) Shall ensure that a notation is made in the medical record of the animal that contains: (1) The name, strength and quantity of the prescription drug.(2) The date the prescription drug was prescribed and dispensed.(3) The directions for use.(4) The name, signature or initials of the veterinarian who prescribed the prescription drug.(5) The name, signature or initials of the veterinarian, veterinary technician or veterinary technician in training who prepared the prescription drug for dispensing.(6) The name, signature or initials of the veterinarian or veterinary technician who verified the prescription drug before the prescription drug was dispensed.(f) Shall ensure that each vial or container which contains a prescription drug has affixed to the vial or container a label that contains:(1) Except as otherwise provided in subsection 3, the name or unique identifier of the animal and the name of the owner of the animal for which the prescription drug is prescribed.(2) The name, strength and quantity of the prescription drug.(3) The date the prescription drug was dispensed.(4) The name of the veterinarian who prescribed the prescription drug.(5) The expiration date of the prescription drug.(6) A unique number identifying the prescription.(7) The directions for use.(g) Shall maintain a stock of prescription drugs necessary to serve the foreseeable needs of the veterinary practice.(h) Shall ensure that drugs which are inappropriate or unlawful to the practice of veterinary medicine are not ordered or maintained in the stock of prescription drugs of the veterinary facility.3. A label affixed to a vial or container that contains a prescription drug may contain a generic identifier for a group of animals of the same species in place of the name or unique identifier of one animal if:(a) The group of animals identified on the label is owned by the same person;(b) The prescription drug is dispensed for more than one of the animals in the group; and(c) The directions for use of the prescription drug are the same for each animal in the group for which the prescription drug is dispensed.4. The authorization to possess a prescription drug is not transferrable upon the sale or other transfer of the animal or animals for which the prescription drug was dispensed.5. A veterinary facility which maintains a stock of controlled substances or dangerous drugs for administration or dispensing shall:(a) Secure the stock of controlled substances or dangerous drugs in a locked container that is: (1) Affixed to the structure and located within a locked room; or(2) Located within a second locked container which is affixed to the structure.(b) Ensure that only a veterinarian or a veterinary technician designated by the veterinarian has the keys or combination to unlock the two separate locks at the start of a business day or beginning of a shift, if the veterinary facility has veterinarians on successive shifts.(c) Restrict access to the controlled substances or dangerous drugs to veterinarians or veterinary technicians only.(d) Ensure that each veterinarian or veterinary technician who accesses the secure container which stores the controlled substances or dangerous drugs records in a log: (1) The name of the veterinarian or veterinary technician who accessed the secure container and the date that he or she accessed the secure container.(2) The name, strength and quantity of the controlled substance or dangerous drug removed from or placed into the secure container and the total amount of all quantities of that particular controlled substance or dangerous drug remaining inside the secure container.(e) Ensure that a veterinarian who intends to destroy an unused portion of a controlled substance or dangerous drug records in a log the name and quantity of the controlled substance or dangerous drug that will be destroyed and the date and time that the controlled substance or dangerous drug will be destroyed. An entry made pursuant to this paragraph must be verified by an employee of the veterinary facility.(f) Ensure that the purchasing, storage and recordkeeping of controlled substances or dangerous drugs comply with all applicable state and federal laws.(g) Ensure that any controlled substance or dangerous drug is purchased by a veterinarian or with the knowledge of a veterinarian and that all controlled substances and dangerous drugs received by the veterinary facility are verified by a veterinarian or with the knowledge of the veterinarian.(h) Maintain separate files for the records of the purchase of each controlled substance listed in schedule II of controlled substances in NAC 453.520 and records of the dispensing of each controlled substance listed in schedule II of controlled substances in NAC 453.520.6. Any record made pursuant to subsections 2 to 5, inclusive, must be maintained for at least 4 years and must be available for inspection by the Board or its representative or any authorized federal, state or local regulatory agency or law enforcement agency.7. A licensed veterinarian with a certificate of registration issued by the Board pursuant to subsection 1 and a veterinary facility at which controlled substances or dangerous drugs may be dispensed pursuant to this section are exempt from the provisions of NAC 639.7425 to 639.745, inclusive, and section 1.8. As used in this section: (a) "Prescription drug" has the meaning ascribed to it in NAC 638.0135.(b) "Veterinary facility" has the meaning ascribed to it in NAC 638.018.Nev. Admin. Code § 639.7423
Added to NAC by Bd. of Pharmacy by R015-18, eff. 5-16-2018; A by R004-19A, eff. 12/17/2019; A by R178-22A, eff. 12/16/2022