“Wholesale distribution” defined. “Wholesale distribution” means the distribution of drugs to persons other than consumers or patients, but does not include:
1. Sales within a company.
2. The purchase or other acquisition of a drug by a health care facility or a pharmacy that is a member of a purchasing organization.
3. The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug:
(a) By a charitable organization, as defined by section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)(3)), to a nonprofit affiliate of the organization.
(b) Between health care facilities or pharmacies that are under common control.
(c) For emergency medical reasons.
(d) Pursuant to a prescription.
4. A transfer of drugs, in an amount not to exceed 5 percent of the total annual sales, by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage.
5. The distribution of drug samples by a representative of the manufacturer or distributor.
6. The sale, purchase or exchange of blood or blood components for transfusions.
Ê As used in this section, “health care facility” has the meaning ascribed to it in NRS 449.800.
Last modified: February 27, 2006