Current through November 8, 2024
Section 639.752 - Restrictions on filling or dispensing certain prescriptions1. Except as otherwise provided in this section and NRS 639.235, a pharmacist shall not fill a prescription for, or dispense, a dangerous drug or a controlled substance if the prescription is: (a) Written by a practitioner who is not licensed to practice in this State, but is authorized by the laws of another state to prescribe;(b) For a patient who resides in a state other than the state in which the prescribing practitioner's practice is located;(c) Requested to be furnished in a manner other than by dispensing directly to the patient, or an agent of the patient, in person; and(d) To be paid for in full, in cash or cash equivalent, at the time the prescription is dispensed, unless the pharmacist first verifies the prescription as set forth in subsection 2. 2. A pharmacist who verifies a prescription pursuant to this section must: (a) Speak with the patient or the prescribing practitioner;(b) Establish that: (1) The prescription is authentic; and(2) A bona fide relationship between the patient and the prescribing practitioner did exist when the prescription was written; and(c) Record on the prescription or in the prescription record in the pharmacy's computer: (1) The name of the person with whom the pharmacist spoke concerning the prescription;(2) The date and time of the conversation; and(3) The date and time the patient was examined by the prescribing practitioner.3. Subsection 1 does not apply to a pharmacist who refills a prescription he or she has previously filled if the pharmacist verified the prescription before filling it the first time.4. For the purposes of this section, a bona fide relationship between the patient and the prescribing practitioner shall be deemed to exist if the patient was examined d in person, electronically, telephonically or by fiber optics within or outside of this State or the United States by the practitioner within the 6 months immediately preceding the date the prescription was issued. 5. As used in this section, "Cash equivalent" includes, without limitation: (d) An electronic funds transfer; and(e) A prescription drug discount card or other device obtained pursuant to the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, or any regulations adopted pursuant thereto.Nev. Admin. Code § 639.752
Added to NAC by Bd. of Pharmacy by R112-99, eff. 11-3-99; A by R156-04, 10-22-2004; R212-09, 8-13-2010; A by R098-13, eff. 3/28/2014