General requirements for wholesaler to sell or purchase prescription drug; Board prohibited from limiting quantities in certain transactions involving wholesaler.
1. A wholesaler may sell a prescription drug only to:
(a) A pharmacy or practitioner; or
(b) Another wholesaler if:
(1) The wholesaler who purchases the drug is licensed by the Board or the board or other relevant authority of another state; and
(2) The sale is a bona fide transaction.
2. A wholesaler may purchase a prescription drug only from:
(a) A manufacturer; or
(b) Another wholesaler if:
(1) The wholesaler who sells the drug is licensed by the Board; and
(2) The sale is a bona fide transaction.
3. The Board shall not limit the quantity of prescription drugs a wholesaler may purchase, sell, distribute or otherwise provide to another wholesaler, distributor or manufacturer.
4. For the purposes of this section:
(a) A purchase shall be deemed a bona fide transaction if:
(1) The wholesaler purchased the drug:
(I) Directly from the manufacturer of the drug; or
(II) With a reasonable belief that the drug was originally purchased directly from the manufacturer of the drug;
(2) The circumstances of the purchase reasonably indicate that the drug was not purchased from a source prohibited by law;
(3) Unless the drug is purchased by the wholesaler from the manufacturer, before the wholesaler sells the drug to another wholesaler, the wholesaler who sells the drug conducts a reasonable visual examination of the drug to ensure that the drug is not:
(I) Counterfeit;
(II) Deemed to be adulterated or misbranded in accordance with the provisions of chapter 585 of NRS;
(III) Mislabeled;
(IV) Damaged or compromised by improper handling, storage or temperature control;
(V) From a foreign or unlawful source; or
(VI) Manufactured, packaged, labeled or shipped in violation of any state or federal law relating to prescription drugs;
(4) The drug is shipped directly from the wholesaler who sells the drug to the wholesaler who purchases the drug; and
(5) The documents of the shipping company concerning the shipping of the drug are attached to the invoice for the drug and are maintained in the records of the wholesaler.
(b) A sale shall be deemed a bona fide transaction if there is a reasonable assurance by the wholesaler that purchases the drug that the wholesaler will sell the drug directly and only to a pharmacy or practitioner.
(c) The purchase or sale of a prescription drug includes, without limitation, the distribution, transfer, trading, bartering or any other provision of a prescription drug to another person by a wholesaler. A transfer of a prescription drug from a wholesale facility of a wholesaler to another wholesale facility of the wholesaler shall not be deemed a purchase or sale of a prescription drug pursuant to this section if the wholesaler is a corporation whose securities are publicly traded and regulated by the Securities Exchange Act of 1934.
Last modified: February 27, 2006