Prescriptions; requirements for dispensing certain substances; penalty.
1. Except as otherwise provided in subsection 2, a substance included in schedule II must not be dispensed without the written prescription of a practitioner.
2. A controlled substance included in schedule II may be dispensed without the written prescription of a practitioner only:
(a) In an emergency, as defined by regulation of the Board, upon oral prescription of a practitioner, reduced to writing promptly and in any case within 72 hours, signed by the practitioner and filed by the pharmacy.
(b) Upon the use of a facsimile machine to transmit the prescription for a substance included in schedule II by a practitioner or a practitioner’s agent to a pharmacy for:
(1) Direct administration to a patient by parenteral solution; or
(2) A resident of a facility for intermediate care or a facility for skilled nursing which is licensed as such by the Health Division of the Department of Human Resources.
Ê A prescription transmitted by a facsimile machine pursuant to this paragraph must be printed on paper which is capable of being retained for at least 2 years. For the purposes of this section, such a prescription constitutes a written prescription. The pharmacy shall keep prescriptions in conformity with the requirements of NRS 453.246. A prescription for a substance included in schedule II must not be refilled.
3. Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance included in schedule III or IV which is a dangerous drug as determined under NRS 454.201, must not be dispensed without a written or oral prescription of a practitioner. The prescription must not be filled or refilled more than 6 months after the date thereof or be refilled more than five times, unless renewed by the practitioner.
4. A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.
5. A practitioner may dispense or deliver a controlled substance to or for a person or animal only for medical treatment or authorized research in the ordinary course of his profession.
6. No civil or criminal liability or administrative sanction may be imposed on a pharmacist for action taken in good faith in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.
7. An individual practitioner may not dispense a substance included in schedule II, III or IV for his own personal use except in a medical emergency.
8. A person who violates this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.
9. As used in this section:
(a) “Facsimile machine” means a device which sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.
(b) “Medical treatment” includes dispensing or administering a narcotic drug for pain, whether or not intractable.
(c) “Parenteral solution” has the meaning ascribed to it in NRS 639.0105.
Last modified: February 26, 2006