[Rev. 2/10/2015 5:35:46
PM--2014R2]
CHAPTER 454 - POISONS; DANGEROUS DRUGS AND
HYPODERMICS
GENERAL PROVISIONS
NRS 454.001 Definitions.
NRS 454.0015 “Advanced
practice registered nurse” defined.
NRS 454.002 “Authorized
officers of the law” defined.
NRS 454.003 “Board”
defined.
NRS 454.0041 “Chart
order” defined.
NRS 454.005 “Chemical”
defined.
NRS 454.0053 “Compound”
and “compounding” defined.
NRS 454.0058 “Fill”
defined.
NRS 454.006 “Furnish”
defined.
NRS 454.007 “Hospital”
defined.
NRS 454.009 “Hypodermics”
defined.
NRS 454.00905 “Institutional
pharmacy” defined.
NRS 454.00911 “Laboratory”
defined.
NRS 454.0092 “Manufacturer”
defined.
NRS 454.00922 “Medical
intern” defined.
NRS 454.0094 “Pharmacy”
defined.
NRS 454.00945 “Pharmacy
in a correctional institution” defined.
NRS 454.0095 “Physician,”
“dentist,” “podiatric physician,” “optometrist,” “veterinarian” and
“pharmacist” defined.
NRS 454.00958 “Practitioner”
defined.
NRS 454.00961 “Prescription”
defined.
NRS 454.00973 “Public
health program” defined.
NRS 454.00976 “Refill”
defined.
NRS 454.00978 “Ultimate
user” defined.
NRS 454.0098 “Wholesaler”
defined.
POISONS
Definitions
NRS 454.010 “Poison”
defined.
Regulation of Sale
NRS 454.020 Poisons
enumerated in Schedules “A,” “B” and “C” in NRS 454.010
may not be sold unless warning label affixed to package.
NRS 454.030 Requirements
for sale or delivery of poison listed in Schedule “A” or “B.”
NRS 454.040 Fictitious
name or false representations to seller or dealer prohibited.
NRS 454.045 Sale
or delivery of poison listed in Schedule “B” only by registered pharmacist.
NRS 454.050 Book
of transactions concerning poison: Contents; when entry required; exceptions.
NRS 454.060 Book
of transactions concerning poison: Form and preservation.
NRS 454.080 English
language to be used in book and on label or package; additional entry in
foreign language permissible.
NRS 454.090 Sale
of poison listed in Schedule “A” exempt from registration.
Administration
NRS 454.110 Additional
restrictions on sale of poison; adoption of regulations by Board.
NRS 454.130 Telephone
number of poison control center to be available at pharmacies.
NRS 454.150 Agents
for enforcement; access for inspection.
NRS 454.160 District
attorney to conduct actions and prosecutions.
NRS 454.170 Penalty.
DANGEROUS DRUGS AND HYPODERMIC DEVICES
Dangerous Drugs
NRS 454.181 Application
of definitions.
NRS 454.191 “Administer”
defined.
NRS 454.201 “Dangerous
drug” defined.
NRS 454.211 “Dispense”
defined.
NRS 454.213 Authority
to possess and administer dangerous drug.
NRS 454.215 Authority
to dispense dangerous drug.
NRS 454.221 Furnishing
dangerous drug without prescription prohibited; penalty; exceptions.
NRS 454.223 Prescription
to be written on prescription blank or chart of patient; contents; regulations.
NRS 454.231 Pharmacist
to fill or refill prescription for use only by person to whom prescription
originally issued.
NRS 454.286 Records:
Maintenance; retention; inspection; penalty.
NRS 454.291 Stock
of dangerous drugs and records open to inspection; penalty.
NRS 454.296 Immunity
from prosecution of employees of Board and peace officers.
NRS 454.301 Conditions
under which practitioner or veterinarian may furnish drugs without
prescription.
NRS 454.303 Certain
school employees authorized to administer auto-injectable epinephrine.
NRS 454.306 Use
of minor as agent; unlawful furnishing of dangerous drug to minor; penalty.
NRS 454.311 Fraudulent
possession of dangerous drug or prescription; false or altered prescription;
penalty.
NRS 454.316 Possession
of dangerous drug without prescription unlawful; penalties; exceptions.
NRS 454.321 Unlawful
dispensing or furnishing of dangerous drug; penalty.
NRS 454.323 Sale
or distribution of product containing toluene to person less than 18 years of
age.
NRS 454.326 Misrepresentation
by use of telephone to obtain dangerous drug; penalty.
NRS 454.341 Unlawful
possession or sale of nasal inhaler; exception.
NRS 454.346 Use
or possession with intent to use drug, chemical, poison or organic solvent to
induce euphoria or hallucinations unlawful; exception.
NRS 454.351 Drugs
which may not be introduced into interstate commerce; penalty; exemptions.
NRS 454.356 Penalty
for violation.
NRS 454.358 Fee
for analysis of dangerous drug included in sentence; distribution of money
collected; limitations on use of money.
NRS 454.361 Conviction
for violation of provision concerning dangerous drugs constitutes grounds for
suspension or revocation of professional license.
NRS 454.366 Administration
and enforcement by Board.
NRS 454.371 Limitations
on furnishing dangerous drug; adoption of regulations by Board; penalties.
Hypodermic Devices
NRS 454.480 Requirements
for sale with or without prescription.
NRS 454.500 Regulation
of sale of hypodermic devices other than hypodermic needles or syringes.
NRS 454.510 Unlawful
possession of hypodermic device.
NRS 454.520 Misuse
of hypodermic device; penalty. [Repealed.]
NRS 454.530 Obtaining
possession of hypodermic device by forged or fictitious name or fraudulent
misrepresentation; penalty.
Enforcement
NRS 454.534 Burden
of proving exception or exemption.
NRS 454.535 Amount
of drug needed to sustain conviction for prohibited offense.
MISCELLANEOUS PROVISIONS
NRS 454.680 Applicability
to certain products.
NRS 454.695 Prescriptions
by advanced practice registered nurses.
NRS 454.710 Injunctions.
_________
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GENERAL PROVISIONS
NRS 454.001 Definitions. As
used in this chapter, the words and terms defined in NRS
454.0015 to 454.0098, inclusive, have the
meanings ascribed to them in those sections, unless a different meaning clearly
appears in the context.
(Added to NRS by 1967, 1635; A 1977, 187; 1979, 1674; 1987, 952, 1656; 1991, 794, 1955)
NRS 454.0015 “Advanced practice registered nurse” defined. “Advanced practice registered nurse” means a
registered nurse who holds a valid license as an advanced practice registered
nurse issued by the State Board of Nursing pursuant to NRS 632.237.
(Added to NRS by 1991, 794; A 2013, 2087)
NRS 454.002 “Authorized officers of the law” defined. “Authorized officers of the law” means:
1. Peace officers;
2. Members, investigators and inspectors
of the Board;
3. Inspectors of the Food and Drug
Administration; and
4. Commissioners and agents appointed as
provided in chapter 585 of NRS for the
enforcement of the Nevada Food, Drug and Cosmetic Act.
(Added to NRS by 1967, 1635)
NRS 454.003 “Board” defined. “Board”
means the State Board of Pharmacy.
(Added to NRS by 1967, 1635)
NRS 454.0041 “Chart order” defined. “Chart
order” means an order entered on the chart of a patient:
1. In a hospital, facility for
intermediate care or facility for skilled nursing which is licensed as such by
the Division of Public and Behavioral Health of the Department of Health and
Human Services; or
2. Under emergency treatment in a hospital
by a practitioner or on the written or oral order of a practitioner authorizing
the administration of a drug to the patient.
(Added to NRS by 1973, 1196; A 1979, 1674; 1985, 1751)
NRS 454.005 “Chemical” defined. “Chemical”
includes all chemicals intended, designed and labeled for use in the cure,
treatment, mitigation or prevention of disease in humans or other animals.
(Added to NRS by 1967, 1635)
NRS 454.0053 “Compound” and “compounding” defined. “Compound”
or “compounding” means to form or make up a composite product by combining two
or more different ingredients.
(Added to NRS by 1979, 1681)
NRS 454.0058 “Fill” defined. “Fill”
means the counting, measuring, compounding, pouring, packaging and labeling
required to prepare a drug for either direct or indirect delivery to a patient.
(Added to NRS by 1979, 1681)
NRS 454.006 “Furnish” defined. “Furnish”
means to supply by any means, by sale or otherwise.
(Added to NRS by 1967, 1635)
NRS 454.007 “Hospital” defined. “Hospital”
means any institution, place, building or agency which is licensed by the
Department of Health and Human Services as a hospital and which operates
facilities for the care and treatment of human illness or other abnormal
physical or mental conditions on an inpatient basis, including any such
facility operated by this State or a political subdivision of this State.
(Added to NRS by 1967, 1635; A 1979, 1674; 1987, 952)
NRS 454.009 “Hypodermics” defined. “Hypodermics”
means any syringe, needle, instrument, device or implement intended or capable
of being adapted for the purpose of administering drugs by subcutaneous,
intramuscular or intravenous injection.
(Added to NRS by 1967, 1635)
NRS 454.00905 “Institutional pharmacy” defined. “Institutional
pharmacy” means a pharmacy or other storage place as defined by regulations
adopted by the Board which is a part of or is operated in conjunction with a
medical facility as that term is defined in NRS
449.0151. The term includes:
1. A pharmacy on the premises of the
medical facility which provides a system of distributing and supplying
medication to the facility, whether or not operated by the facility; and
2. A pharmacy off the premises of the
medical facility which provides services only to the patients of the facility
and provides a system of distributing medication based upon chart orders from
the medical facility.
(Added to NRS by 1987, 1656; A 1993, 1990)
NRS 454.00911 “Laboratory” defined. “Laboratory”
means a research, teaching or testing laboratory not engaged in the sale of
drugs but using dangerous drugs for scientific or teaching purposes.
(Added to NRS by 1973, 1196)
NRS 454.0092 “Manufacturer” defined. “Manufacturer”
means a person who:
1. Derives, produces, prepares, compounds,
mixes, cultivates, grows or processes any drug;
2. Repackages any drug for the purpose of
resale; or
3. Makes, produces or prepares any devices
or appliances that are restricted by federal law to sale by or on the order of
a physician.
(Added to NRS by 1967, 1635; A 1971, 2028; 1973,
1195; 1993, 636,
1223)
NRS 454.00922 “Medical intern” defined. “Medical
intern” means a medical graduate acting as an assistant in a hospital for the
purpose of clinical training.
(Added to NRS by 1981, 746)
NRS 454.0094 “Pharmacy” defined.
1. “Pharmacy” means every store or shop
licensed by the Board where drugs, controlled substances, poisons, medicines or
chemicals are stored or possessed, or dispensed or sold at retail, or displayed
for sale at retail, or where prescriptions are compounded or dispensed.
2. “Pharmacy” includes pharmacies owned or
operated by the State of Nevada and political subdivisions and municipal
corporations therein.
(Added to NRS by 1967, 1636; A 1971, 2028; 1973,
1196; 1979,
1674)
NRS 454.00945 “Pharmacy in a correctional institution” defined. “Pharmacy in a correctional institution” means
a pharmacy or other storage place for medicines, controlled substances and
dangerous drugs which is a part of or is operated in conjunction with a
correctional facility, including a jail and facility for the detention of
juveniles.
(Added to NRS by 1987, 1656)
NRS 454.0095 “Physician,” “dentist,” “podiatric physician,” “optometrist,”
“veterinarian” and “pharmacist” defined. “Physician,”
“dentist,” “podiatric physician,” “optometrist,” “veterinarian” and
“pharmacist” mean persons authorized by a currently valid license to practice
their respective professions in this State.
(Added to NRS by 1967, 1636; A 1969, 347; 1977, 964; 1993, 2236; 1995, 1034)
NRS 454.00958 “Practitioner” defined. “Practitioner”
means:
1. A physician, dentist, veterinarian or
podiatric physician who holds a valid license to practice his or her profession
in this State.
2. A pharmacy, hospital or other
institution licensed or registered to distribute, dispense, conduct research
with respect to or to administer a dangerous drug in the course of professional
practice in this State.
3. When relating to the prescription of
poisons, dangerous drugs and devices:
(a) An advanced practice registered nurse who
holds a certificate from the State Board of Pharmacy permitting him or her so
to prescribe; or
(b) A physician assistant who holds a license
from the Board of Medical Examiners and a certificate from the State Board of
Pharmacy permitting him or her so to prescribe.
4. An optometrist who is certified to
prescribe and administer dangerous drugs pursuant to NRS 636.288 when the optometrist
prescribes or administers dangerous drugs which are within the scope of his or
her certification.
(Added to NRS by 1979, 1681; A 1983, 1220; 1989, 1995; 1991, 794; 1993, 2236; 1995, 1034; 2001, 788; 2013, 2088)
NRS 454.00961 “Prescription” defined.
1. “Prescription” means:
(a) An order given individually for the person
for whom prescribed, directly from the practitioner, or the practitioner’s
agent, to a pharmacist or indirectly by means of an order signed by the practitioner
or an electronic transmission from the practitioner to a pharmacist.
(b) A chart order written for an inpatient
specifying drugs which he or she is to take home upon discharge.
2. “Prescription” does not include a chart
order written for an inpatient for use while he or she is an inpatient.
(Added to NRS by 1973, 1196; A 1979, 1675; 1983, 1515; 1987, 1657; 1991, 1956)
NRS 454.00973 “Public health program” defined. “Public
health program” means a program of the government which is:
1. Administered by the officers and agents
of:
(a) The Division of Public and Behavioral Health
of the Department of Health and Human Services; or
(b) The local boards of health; and
2. Created to serve the health needs of an
entire political subdivision by reducing the incidence and prevalence of a
disease, subset of disease or a medical event.
(Added to NRS by 1991, 1955; A 1995, 556)
NRS 454.00976 “Refill” defined. “Refill”
means to fill again.
(Added to NRS by 1979, 1681)
NRS 454.00978 “Ultimate user” defined. “Ultimate
user” means a person who lawfully possesses a dangerous drug for the person’s
own use or the use of a member of the person’s household or for administering
to any animal owned by the person or by a member of the person’s household. The
term includes the guardian of an ultimate user or any other person authorized
in a durable power of attorney to act on the behalf of the ultimate user. The
term does not include a patient in or an employee of a medical facility, as
defined in NRS 449.0151, who is not
statutorily authorized to administer drugs.
(Added to NRS by 1987, 952; A 1993, 1216; 1995, 556)
NRS 454.0098 “Wholesaler” defined. “Wholesaler”
means a wholesale distributor as defined by 21 C.F.R. § 205.3(g) who supplies
dangerous drugs or chemicals or devices or appliances that are restricted by
federal law to sale by or on the order of a physician to a person other than
the consumer or patient. The term does not include:
1. A person who derives, produces or
prepares medicines, chemicals or devices on sales orders for resale.
2. A nonprofit cooperative agricultural
organization which supplies or distributes veterinary drugs and medicines only
to its own members.
(Added to NRS by 1967, 1636; A 1971, 2028; 1973,
1196; 1991,
1164; 1993,
1223)
POISONS
Definitions
NRS 454.010 “Poison” defined. As
used in NRS 454.010 to 454.170,
inclusive, “poison” means any substance having an inherent deleterious property
which when internally or externally applied to the body of a human or animal is
capable of causing damage to the tissues, destroying the action of vital
functions of the body or causing death, and includes the compositions of the
following schedules:
Schedule “A”:
1. Aconite, belladonna, cantharadis and
nux vomica.
2. Alkaloids and derivatives.
3. Antiseptic tablets containing corrosive
sublimate.
4. Arsenic, its compounds and
preparations.
5. Corrosive sublimate.
6. Cyanide of potassium.
7. Hydrocyanic acid.
8. Oils of croton.
9. Phosphorus and its poisonous
derivatives or compounds.
10. Rue and tansy.
11. Sodium fluoracetate and preparations.
12. Strophanthus or its
preparations.
13. Strychnine.
14. Zinc phosphide and preparations.
15. All compounds, preparations or
products, other than cosmetics, which contain any of the following poisons as
the primary solvent or in amounts capable of causing intoxication or harmful
physical effects if inhaled, absorbed or ingested:
(a) Ethyl acetate.
(b) Isobutyl ketone.
(c) Methyl cellulose acetate.
(d) Methyl ethyl ketone.
(e) Trichlorethylene.
Schedule “B”:
1. Bromides.
2. Chloroform.
3. Cocculus indicus or its
preparations.
4. Cowhage.
5. Creosote.
6. Ether.
7. Hydrochloric or muriatic acid.
8. Nitric acid.
9. Oils of savin and pennyroyal.
10. Oxalic acid.
11. Solution of formaldehyde or formalin.
12. Sugar of lead.
13. Sulfate of zinc.
14. Sulfuric acid.
15. Tartar emetic and other derivatives of
antimony.
16. Veratrum.
17. Wood alcohol or methanol.
Schedule “C”:
1. Carbon tetrachloride or any preparation
in which it is used as the primary solvent.
2. Any preparation or substance which
contains any of the poisons listed in Schedule “A” or “B” in amounts capable of
causing harmful physical effects if inhaled, absorbed or ingested, when such
products or preparations are intended and designed for agricultural,
commercial, economic, industrial or household use, and are labeled in
compliance with the provisions of NRS 454.020 and 454.080.
[Part 7:207:1913; A 1921, 66; NCL § 5081]—(NRS A
1959, 66; 1967, 1627; 1993, 636)
Regulation of Sale
NRS 454.020 Poisons enumerated in Schedules “A,” “B” and “C” in NRS
454.010 may not be sold unless warning label affixed to package.
1. It is unlawful for any person to vend,
sell, give away or furnish, either directly or indirectly, any poisons
enumerated in Schedules “A,” “B” and “C” in NRS 454.010
without labeling the container, package, box, bottle or paper in which the
poison is contained with:
(a) The name of the article.
(b) The word “poison,” which shall be printed in
boldface type in capital letters not less than twice the size of other type on
the label.
(c) The name and place of business of the person
or firm manufacturing or selling the poison.
(d) The vignette representing the skull and
crossbones.
(e) The first aid treatment or antidote approved
by the Board or the American Chemical Manufacturers Association for such
poison.
(f) Any supplemental warnings or cautions
required by either state or federal law or by regulations of the Board.
2. The label shall be printed in type that
can be clearly read, upon red paper in distinct white letters or in distinct
red letters upon white paper.
[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A
1959, 67; 1967, 1628)
NRS 454.030 Requirements for sale or delivery of poison listed in Schedule
“A” or “B.” It is unlawful to
vend, sell, deliver or otherwise furnish any of the poisons named in Schedule
“A” or “B” or any other dangerously poisonous drug, chemical or medical
substance which may from time to time be designated by the Board, unless on
inquiry it is found that the person desiring the same is 18 years of age or
older and is aware of its poisonous character, and it satisfactorily appears
that it is to be used for a legitimate purpose.
[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A
1967, 1629)
NRS 454.040 Fictitious name or false representations to seller or dealer
prohibited. It is unlawful for any
person to give a fictitious name or false address or make any false
representations to the seller or dealer when buying any of the poisons
enumerated in Schedule “A” or the additions thereto.
[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A
1967, 1629)
NRS 454.045 Sale or delivery of poison listed in Schedule “B” only by
registered pharmacist. It is
unlawful for any person, other than a registered pharmacist or an intern
pharmacist acting under the direct and immediate supervision of a registered
pharmacist, to vend, sell, furnish or deliver any poison enumerated in Schedule
“B” of NRS 454.010.
(Added to NRS by 1967, 1636; A 1971, 682)
NRS 454.050 Book of transactions concerning poison: Contents; when entry
required; exceptions.
1. It is unlawful to vend, sell, furnish
or deliver any poison included in Schedule “A,” the additions thereto or those
enumerated by regulation of the Board without making or causing to be made, at
the time of the sale, an entry in a book kept solely for that purpose, stating:
(a) The date of sale.
(b) The name, complete residence or business
address and signature of the purchaser.
(c) The name and quantity of the poison sold.
(d) The statement by the purchaser of the purpose
for which the poison is required.
(e) The signature of the dispenser, who must be a
registered pharmacist or a registered intern pharmacist acting under the direct
and immediate supervision of a registered pharmacist.
2. The provisions of this section do not
apply when the poisons enumerated in Schedule “A” are used as solvents for
glues and cements used in making of models, when sold in single units or
containers simultaneously with or as a part of a kit to be used for the
construction of model airplanes, boats, automobiles, trains or other similar
models if such kits have been assembled by a recognized manufacturer of such
kits and are advertised as such.
[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A
1967, 1629; 1971, 682; 1977, 74)
NRS 454.060 Book of transactions concerning poison: Form and preservation.
1. The poison book shall be in form
substantially as follows:
Name of Kind
and Purpose Signature of Signature of
Date Purchaser Residence Quantity of
Use Pharmacist Purchaser
2. This book shall always be open for
inspection by authorized officers of the law acting in their official capacity,
and shall be preserved for at least 5 years after the date of the last entry
therein.
[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A
1967, 1630)
NRS 454.080 English language to be used in book and on label or package;
additional entry in foreign language permissible. The
entries in the poison book and the printed or written matter required to be
placed on the label or the package shall be in the English language, except
that the vendor of the poison may enter the same in any foreign language the
vendor may desire, in addition to the entry and label in English.
[Part 3:207:1913; 1919 RL p. 2883; NCL § 5077]
NRS 454.090 Sale of poison listed in Schedule “A” exempt from registration.
1. Dealers, manufacturers and pharmacists
are exempted from the registration of the sale of any poison enumerated in
Schedule “A” or the additions thereto when sold:
(a) To a registered pharmacist or a practitioner;
(b) To a manufacturer or wholesaler;
(c) To a research, teaching or testing
laboratory; or
(d) To other established, legitimate users in
chemical or technical arts.
2. The provisions of NRS 454.010 to 454.170,
inclusive, shall not apply to the sale of any poison upon the prescriptions of
practitioners.
[Part 5:207:1913; 1919 RL p. 2883; NCL § 5079]—(NRS A
1967, 1630; 1969, 902; 1979, 1675)
Administration
NRS 454.110 Additional restrictions on sale of poison; adoption of
regulations by Board. When, in the
opinion of the Board, it is in the interest of the public health, the Board is
empowered to restrict or prohibit further the retail sale of any poison by regulations
not inconsistent with the provisions of NRS 454.010
to 454.170, inclusive. Such regulations may be
adopted by the Board and must be applicable to all persons alike.
[Part 4:207:1913; 1919 RL p. 2883; NCL § 5078]—(NRS A
1979, 1675)
NRS 454.130 Telephone number of poison control center to be available at
pharmacies. Each pharmacy must
have available for the information of the public the telephone number of the
closest poison control center.
[Part 1:207:1913; 1919 RL p. 2882; NCL § 5075]—(NRS A
1981, 746)
NRS 454.150 Agents for enforcement; access for inspection. The Commissioner and agents appointed as
provided in chapter 585 of NRS for the
enforcement of the Nevada Food, Drug and Cosmetic Act are designated and
constituted agents for the enforcement of NRS 454.010
to 454.170, inclusive, and shall cooperate with the
Board in carrying out the provisions of NRS 454.010
to 454.170, inclusive. For this purpose, they shall
have free access at all times during business hours to all places where drugs,
medicines or poisons are offered for sale.
[9:207:1913; 1919 RL p. 2886; NCL § 5083]—(NRS A
1967, 1631)
NRS 454.160 District attorney to conduct actions and prosecutions. The district attorney of the county wherein
any violation of NRS 454.010 to 454.170, inclusive, is committed shall conduct all
actions and prosecutions for the same at the request of the Board.
[Part 6:207:1913; A 1915, 119; 1919 RL p. 2883; NCL §
5080]—(NRS A 1967, 1631)
NRS 454.170 Penalty. Any person
violating any of the provisions of NRS 454.010 to 454.160, inclusive, shall be guilty of a misdemeanor.
[Part 7:207:1913; A 1921, 66; NCL § 5081]—(NRS A
1967, 586)
DANGEROUS DRUGS AND HYPODERMIC DEVICES
Dangerous Drugs
NRS 454.181 Application of definitions. Definitions
of words and terms in NRS 454.00922, 454.191, 454.201 and 454.211 apply only to NRS
454.181 to 454.371, inclusive.
(Added to NRS by 1973, 1196; A 1981, 746; 1987, 1399)
NRS 454.191 “Administer” defined. “Administer”
means the direct application of a drug or medicine referred to in NRS 454.181 to 454.371,
inclusive, whether by injection, inhalation, ingestion or any other means, to
the body of a patient or research subject.
(Added to NRS by 1973, 1196; A 1977, 672, 964; 1979, 593, 1676)
NRS 454.201 “Dangerous drug” defined. “Dangerous
drug” means any drug, other than a controlled substance, unsafe for
self-medication or unsupervised use, and includes the following:
1. Any drug which has been approved by the
Food and Drug Administration for general distribution and bears the legend:
“Caution: Federal law prohibits dispensing without prescription”;
2. Procaine hydrochloride with
preservatives and stabilizers (Gerovital H3) in injectable doses and amygdalin
(laetrile) which have been licensed by the State Board of Health for
manufacture in this State but have not been approved as drugs by the Food and
Drug Administration; or
3. Any drug which, pursuant to the Board’s
regulations, may be sold only by prescription because the Board has found those
drugs to be dangerous to public health or safety.
(Added to NRS by 1973, 1197; A 1977, 1645; 1983, 336; 1987, 1553)
NRS 454.211 “Dispense” defined.
1. “Dispense” means the furnishing of a
dangerous drug in any amount greater than that which is necessary for the
present and immediate needs of the ultimate user.
2. The term does not include the furnishing
of a dangerous drug by a hospital pharmacy for inpatients.
(Added to NRS by 1973, 1197; A 1977, 673; 1979, 594, 1676; 1987, 1657)
NRS 454.213 Authority to possess and administer dangerous drug. A drug or medicine referred to in NRS 454.181 to 454.371,
inclusive, may be possessed and administered by:
1. A practitioner.
2. A physician assistant licensed pursuant
to chapter 630 or 633 of NRS, at the direction of his or her
supervising physician or a licensed dental hygienist acting in the office of
and under the supervision of a dentist.
3. Except as otherwise provided in
subsection 4, a registered nurse licensed to practice professional nursing or
licensed practical nurse, at the direction of a prescribing physician,
physician assistant licensed pursuant to chapter
630 or 633 of NRS, dentist, podiatric
physician or advanced practice registered nurse, or pursuant to a chart order,
for administration to a patient at another location.
4. In accordance with applicable
regulations of the Board, a registered nurse licensed to practice professional
nursing or licensed practical nurse who is:
(a) Employed by a health care agency or health
care facility that is authorized to provide emergency care, or to respond to
the immediate needs of a patient, in the residence of the patient; and
(b) Acting under the direction of the medical
director of that agency or facility who works in this State.
5. A medication aide - certified at a
designated facility under the supervision of an advanced practice registered
nurse or registered nurse and in accordance with standard protocols developed
by the State Board of Nursing. As used in this subsection, “designated
facility” has the meaning ascribed to it in NRS
632.0145.
6. Except as otherwise provided in
subsection 7, an advanced emergency medical technician or a paramedic, as
authorized by regulation of the State Board of Pharmacy and in accordance with
any applicable regulations of:
(a) The State Board of Health in a county whose
population is less than 100,000;
(b) A county board of health in a county whose
population is 100,000 or more; or
(c) A district board of health created pursuant
to NRS 439.362 or 439.370 in any county.
7. An advanced emergency medical
technician or a paramedic who holds an endorsement issued pursuant to NRS 450B.1975, under the direct
supervision of a local health officer or a designee of the local health officer
pursuant to that section.
8. A respiratory therapist employed in a
health care facility. The therapist may possess and administer respiratory
products only at the direction of a physician.
9. A dialysis technician, under the
direction or supervision of a physician or registered nurse only if the drug or
medicine is used for the process of renal dialysis.
10. A medical student or student nurse in
the course of his or her studies at an approved college of medicine or school
of professional or practical nursing, at the direction of a physician and:
(a) In the presence of a physician or a
registered nurse; or
(b) Under the supervision of a physician or a
registered nurse if the student is authorized by the college or school to
administer the drug or medicine outside the presence of a physician or nurse.
Ê A medical
student or student nurse may administer a dangerous drug in the presence or
under the supervision of a registered nurse alone only if the circumstances are
such that the registered nurse would be authorized to administer it personally.
11. Any person designated by the head of a
correctional institution.
12. An ultimate user or any person
designated by the ultimate user pursuant to a written agreement.
13. A nuclear medicine technologist, at
the direction of a physician and in accordance with any conditions established
by regulation of the Board.
14. A radiologic technologist, at the
direction of a physician and in accordance with any conditions established by
regulation of the Board.
15. A chiropractic physician, but only if
the drug or medicine is a topical drug used for cooling and stretching external
tissue during therapeutic treatments.
16. A physical therapist, but only if the
drug or medicine is a topical drug which is:
(a) Used for cooling and stretching external
tissue during therapeutic treatments; and
(b) Prescribed by a licensed physician for:
(1) Iontophoresis; or
(2) The transmission of drugs through the
skin using ultrasound.
17. In accordance with applicable
regulations of the State Board of Health, an employee of a residential facility
for groups, as defined in NRS 449.017,
pursuant to a written agreement entered into by the ultimate user.
18. A veterinary technician or a
veterinary assistant at the direction of his or her supervising veterinarian.
19. In accordance with applicable
regulations of the Board, a registered pharmacist who:
(a) Is trained in and certified to carry out
standards and practices for immunization programs;
(b) Is authorized to administer immunizations
pursuant to written protocols from a physician; and
(c) Administers immunizations in compliance with
the “Standards for Immunization Practices” recommended and approved by the
Advisory Committee on Immunization Practices of the Centers for Disease Control
and Prevention.
20. A registered pharmacist pursuant to
written guidelines and protocols developed and approved pursuant to NRS 639.2809.
21. A person who is enrolled in a training
program to become a physician assistant licensed pursuant to chapter 630 or 633
of NRS, dental hygienist, advanced emergency medical technician, paramedic,
respiratory therapist, dialysis technician, nuclear medicine technologist,
radiologic technologist, physical therapist or veterinary technician if the
person possesses and administers the drug or medicine in the same manner and
under the same conditions that apply, respectively, to a physician assistant
licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency
medical technician, paramedic, respiratory therapist, dialysis technician,
nuclear medicine technologist, radiologic technologist, physical therapist or
veterinary technician who may possess and administer the drug or medicine, and
under the direct supervision of a person licensed or registered to perform the
respective medical art or a supervisor of such a person.
22. A medical assistant, in accordance
with applicable regulations of the:
(a) Board of Medical Examiners, at the direction
of the prescribing physician and under the supervision of a physician or
physician assistant.
(b) State Board of Osteopathic Medicine, at the
direction of the prescribing physician and under the supervision of a physician
or physician assistant.
(Added to NRS by 1979, 1682; A 1981, 60, 746; 1983, 1221, 1515, 1937; 1987, 952, 1657, 2215; 1989, 749; 1991, 1956; 1993, 1216, 2839; 1995, 725, 1691; 1999, 2720; 2001, 2, 789, 792; 2003, 2296; 2005, 2476; 2007, 1866; 2009, 1534;
2011, 1341,
2609, 3080; 2013, 949, 2088)
NRS 454.215 Authority to dispense dangerous drug. A
dangerous drug may be dispensed by:
1. A registered pharmacist upon the legal
prescription from a practitioner or to a pharmacy in a correctional institution
upon the written order of the prescribing practitioner in charge;
2. A pharmacy in a correctional
institution, in case of emergency, upon a written order signed by the chief
medical officer;
3. A practitioner, or a physician
assistant licensed pursuant to chapter 630 or
633 of NRS if authorized by the Board;
4. A registered nurse, when the nurse is
engaged in the performance of any public health program approved by the Board;
5. A medical intern in the course of his
or her internship;
6. An advanced practice registered nurse
who holds a certificate from the State Board of Pharmacy permitting him or her
to dispense dangerous drugs;
7. A registered nurse employed at an institution
of the Department of Corrections to an offender in that institution;
8. A registered pharmacist from an
institutional pharmacy pursuant to regulations adopted by the Board; or
9. A registered nurse to a patient at a
rural clinic that is designated as such pursuant to NRS 433.233 and that is operated by the
Division of Public and Behavioral Health of the Department of Health and Human
Services if the nurse is providing mental health services at the rural clinic,
Ê except that
no person may dispense a dangerous drug in violation of a regulation adopted by
the Board.
(Added to NRS by 1979, 1682; A 1981, 747; 1983, 1516; 1987, 807, 1583, 1658; 1989, 915; 1991, 794; 2001, 790; 2001
Special Session, 242; 2003, 1017; 2007, 1867; 2013, 2090)
NRS 454.221 Furnishing dangerous drug without prescription prohibited;
penalty; exceptions.
1. A person who furnishes any dangerous
drug except upon the prescription of a practitioner is guilty of a category D
felony and shall be punished as provided in NRS
193.130, unless the dangerous drug was obtained originally by a legal
prescription.
2. The provisions of this section do not
apply to the furnishing of any dangerous drug by:
(a) A practitioner to his or her patients;
(b) A physician assistant licensed pursuant to chapter 630 or 633
of NRS if authorized by the Board;
(c) A registered nurse while participating in a
public health program approved by the Board, or an advanced practice registered
nurse who holds a certificate from the State Board of Pharmacy permitting him
or her to dispense dangerous drugs;
(d) A manufacturer or wholesaler or pharmacy to
each other or to a practitioner or to a laboratory under records of sales and
purchases that correctly give the date, the names and addresses of the supplier
and the buyer, the drug and its quantity;
(e) A hospital pharmacy or a pharmacy so
designated by a county health officer in a county whose population is 100,000
or more, or by a district health officer in any county within its jurisdiction
or, in the absence of either, by the Chief Medical Officer or the Chief Medical
Officer’s designated Medical Director of Emergency Medical Services, to a
person or agency described in subsection 3 of NRS 639.268 to stock ambulances or other
authorized vehicles or replenish the stock; or
(f) A pharmacy in a correctional institution to a
person designated by the Director of the Department of Corrections to
administer a lethal injection to a person who has been sentenced to death.
(Added to NRS by 1973, 1197; A 1975, 354; 1977, 673, 938; 1979, 594, 1676; 1981, 747; 1983, 453, 1938; 1985, 887, 1701; 1987, 1658; 1989, 1126; 1991, 795; 1993, 451, 2841; 1995, 301, 1292, 1329; 2001, 791; 2001
Special Session, 242; 2007, 1868; 2013, 2091)
NRS 454.223 Prescription to be written on prescription blank or chart of
patient; contents; regulations.
1. Except as otherwise provided in
subsection 4, each prescription for a dangerous drug must be written on a
prescription blank or as an order on the chart of a patient. A chart of a
patient may be used to order multiple prescriptions for that patient.
2. A written prescription must contain:
(a) The name of the practitioner, the signature
of the practitioner if the prescription was not transmitted orally and the
address of the practitioner if not immediately available to the pharmacist;
(b) The classification of his or her license;
(c) The name of the patient, and the address of
the patient if not immediately available to the pharmacist;
(d) The name, strength and quantity of the drug
or drugs prescribed;
(e) The symptom or purpose for which the drug is
prescribed, if included by the practitioner pursuant to NRS 639.2352;
(f) Directions for use; and
(g) The date of issue.
3. Directions for use must be specific in
that they must indicate the portion of the body to which the medication is to
be applied, or, if to be taken into the body by means other than orally, the
orifice or canal of the body into which the medication is to be inserted or
injected.
4. The Board shall adopt regulations
concerning the electronic transmission of a prescription for a dangerous drug,
which must be consistent with federal law and the provisions of NRS 439.581 to 439.595, inclusive, and the regulations
adopted pursuant thereto.
(Added to NRS by 1979, 1682; A 1981, 748; 1983, 1516; 1985, 887; 1987, 1659; 2007, 659; 2011, 1761)
NRS 454.231 Pharmacist to fill or refill prescription for use only by person
to whom prescription originally issued. No
pharmacist shall knowingly fill or refill any prescription for a dangerous drug
for use by any person other than the one for whom the prescription was originally
issued.
(Added to NRS by 1973, 1197)
NRS 454.286 Records: Maintenance; retention; inspection; penalty.
1. Every retail pharmacy, hospital or any
practitioner who engages in the practice of dispensing or furnishing drugs to
patients shall maintain a complete and accurate record of all dangerous drugs
purchased and those sold on prescription, dispensed, furnished or disposed of
otherwise.
2. The records must be retained for a
period of 2 years and must be open to inspection by members, inspectors or
investigators of the Board or inspectors of the Food and Drug Administration.
3. Invoices showing all purchases of
dangerous drugs constitute a complete record of all dangerous drugs received.
4. For the purpose of this section, the
prescription files of a pharmacy constitute a record of the disposition of all
dangerous drugs.
5. A person who violates any provision of
this section is guilty of a misdemeanor.
(Added to NRS by 1973, 1198; A 1979, 1678; 1981, 748; 1987, 1034; 1989, 1000, 1126; 1991, 1165; 1995, 302)
NRS 454.291 Stock of dangerous drugs and records open to inspection;
penalty.
1. All stock and records of purchase and
disposition of any dangerous drug of a wholesaler, pharmacy, practitioner,
hospital, laboratory or a nonprofit cooperative agriculture organization which
supplies and distributes drugs and medicines only to its members are at all
times, during business hours, open to inspection by agents, assistants, members
and inspectors of the Board, inspectors of the Food and Drug Administration,
and agents and commissioners appointed pursuant to chapter
585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act.
The records must be preserved for at least 2 years after the date of making.
2. Any person who fails, neglects or
refuses to maintain those records or who, when called upon by an authorized
officer to produce those records, fails, neglects or refuses to produce them,
or who willfully produces or furnishes records which are false, is guilty of a
misdemeanor.
(Added to NRS by 1973, 1198; A 1979, 1678; 1981, 748; 1989, 1127; 1995, 302)
NRS 454.296 Immunity from prosecution of employees of Board and peace
officers. All agents, assistants
and inspectors of the Board and peace officers, while investigating violations
of NRS 454.181 to 454.371,
inclusive, in performance of their official duties, and any person working
under their immediate direction, supervision or instruction are immune from
prosecution under NRS 454.181 to 454.371, inclusive.
(Added to NRS by 1973, 1198)
NRS 454.301 Conditions under which practitioner or veterinarian may furnish
drugs without prescription.
1. Except as otherwise provided in
subsection 2, a practitioner who dispenses drugs and who personally furnishes
his or her own patients with such drugs as are necessary in the treatment of
the condition for which the practitioner attends a patient shall not do so
without writing a prescription unless the drugs so furnished are:
(a) Not charged for, either separately or together
with charges for other professional services, and the practitioner keeps
accurate records, as required by NRS 454.286, of
all drugs so furnished;
(b) Clearly labeled with the date, the name and
address of the furnisher, the name of the patient, the directions for use, the
name and strength and the expiration date of the effectiveness of the drug, if
that information is required on the original label of the manufacturer of that
drug; and
(c) Not dispensed or furnished:
(1) By a nurse or attendant; or
(2) In violation of a regulation adopted
by the Board.
2. A veterinarian may furnish multiple
doses of drugs, necessary for the treatment of large animals, to ranchers or
dealers in livestock for use solely in the treatment of livestock on the
premises of the rancher or dealer, and when furnishing those drugs the
veterinarian is not required to comply with the provisions of subsection 1,
except for subparagraph (2) of paragraph (c).
(Added to NRS by 1973, 1199; A 1979, 1678; 1981, 749; 1987, 807; 1989, 1127)
NRS 454.303 Certain school employees authorized to administer
auto-injectable epinephrine. A
school nurse or other employee of a public or private school who is authorized
pursuant to NRS 388.424 or 394.1995 to administer auto-injectable
epinephrine may possess and administer auto-injectable epinephrine maintained
by the school if the school nurse or other employee has received training in
the proper storage and administration of auto-injectable epinephrine as
required by NRS 388.424 or 394.1995.
(Added to NRS by 2013, 1224)
NRS 454.306 Use of minor as agent; unlawful furnishing of dangerous drug to
minor; penalty. A person who
violates any provision of NRS 454.181 to 454.371, inclusive, by use of a minor as an agent or
by unlawfully furnishing any dangerous drug to a minor is guilty of a category
B felony and shall be punished by imprisonment in the state prison for a
minimum term of not less than 5 years and a maximum term of not more than 20
years, or by a fine of not more than $20,000, or by both fine and imprisonment.
(Added to NRS by 1973, 1200; A 1979, 1475; 1995, 1292)
NRS 454.311 Fraudulent possession of dangerous drug or prescription; false
or altered prescription; penalty.
1. A person, other than a peace officer or
inspector of the Board in the performance of his or her official duty, who
knowingly or intentionally obtains or attempts to obtain possession of a
dangerous drug or a prescription for a dangerous drug by misrepresentation,
fraud, forgery, deception, subterfuge or alteration is guilty of a category E
felony and shall be punished as provided in NRS
193.130.
2. A person who knowingly has in his or
her possession any false, fictitious, forged or altered prescription for a
dangerous drug is guilty of a category E felony and shall be punished as
provided in NRS 193.130.
3. A person who knowingly:
(a) Receives any dangerous drug from, or has in
his or her possession or under his or her control any dangerous drug obtained
by, another person as a result of any forged, false, fictitious or altered
prescription; or
(b) Fills a prescription which is not genuine,
Ê is guilty of
a category E felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1973, 1200; A 1981, 1967; 1985, 153, 888; 1995, 1292)
NRS 454.316 Possession of dangerous drug without prescription unlawful;
penalties; exceptions.
1. Except as otherwise provided in this
section, a person who possesses a dangerous drug, except that furnished to the
person by a pharmacist pursuant to a legal prescription or by a practitioner,
is guilty of a gross misdemeanor. A person who has been twice previously
convicted of any offense:
(a) Described in this section; or
(b) Pursuant to any other law of the United
States or this or any other state or district which if committed in this State
would have been punishable as an offense under this section,
Ê is guilty of
a category E felony and shall be punished as provided in NRS 193.130.
2. A prescription is not required for
possession of a dangerous drug by a person authorized by NRS
454.213, any other person or class of persons approved by the Board
pursuant to regulation, jobbers, wholesalers, manufacturers or laboratories
authorized by laws of this State to handle, possess and deal in dangerous drugs
if the drugs are in stock containers properly labeled and have been procured
from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses a
dangerous drug in a reasonable amount for use solely in the treatment of
livestock on his or her own premises.
(Added to NRS by 1973, 1200; A 1979, 953, 1679; 1987, 2216; 1991, 795, 1958; 1995, 1035, 1293, 1340)
NRS 454.321 Unlawful dispensing or furnishing of dangerous drug; penalty. Any person who dispenses or furnishes or permits
the dispensing or furnishing of any dangerous drug in violation of NRS 454.301 is guilty of a gross misdemeanor.
(Added to NRS by 1973, 1200; A 1985, 889)
NRS 454.323 Sale or distribution of product containing toluene to person
less than 18 years of age.
1. Except as provided in subsection 3, any
person who sells or gives aerosol paint, glue or cement containing toluene to a
person who is less than 18 years of age is guilty of a gross misdemeanor.
2. The court shall suspend for a period of
1 year the business license of a person who knowingly violates any provision of
this section after having been previously convicted of a violation of this
section unless the person can demonstrate that he or she attempted in good
faith to comply with this section.
3. The provisions of this section do not
apply to the sale of:
(a) Gasoline or other fuel for motor vehicles;
(b) Aerosol paint, glue or cement containing less
than the minimum amount of toluene which is subject to the requirements for
special labeling established pursuant to the Federal Hazardous Substances Act,
15 U.S.C. §§ 1261 et seq., as it exists on June 30, 1983; or
(c) Glue or cement which is included in a kit
used for the construction of model airplanes, automobiles, boats or trains or
which is used in connection with another hobby.
(Added to NRS by 1983, 242)
NRS 454.326 Misrepresentation by use of telephone to obtain dangerous drug;
penalty. A person who, in order to
obtain any dangerous drug, falsely represents himself or herself in a telephone
conversation with a pharmacist to be a physician or other person who can
lawfully prescribe such drugs or to be acting on behalf of a person who can
lawfully prescribe drugs:
1. For the first offense, is guilty of a
misdemeanor.
2. For any subsequent offense, is guilty
of a category E felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1973, 1201; A 1979, 1476; 1995, 1293)
NRS 454.341 Unlawful possession or sale of nasal inhaler; exception. It is unlawful for any person within this
State to possess, sell, offer to sell or hold for the purpose of sale or resale
any nasal inhaler which contains any drug capable of causing stimulation to the
central nervous system unless:
1. The product contains a denaturant in
sufficient quantity to render it unfit for internal use; and
2. The product is among such products
listed as approved for sale without restriction by the Board in the regulations
officially adopted by the Board.
(Added to NRS by 1973, 1201)
NRS 454.346 Use or possession with intent to use drug, chemical, poison or
organic solvent to induce euphoria or hallucinations unlawful; exception.
1. Any person who inhales, ingests,
applies or otherwise uses or possesses with the intent to inhale, ingest, apply
or otherwise use any drug, chemical, poison or organic solvent, or any compound
or combination of any drug, chemical, poison or organic solvent, in any manner
contrary to the directions for use, cautions or warnings appearing on the label
thereof, in order to create or induce a condition of intoxication, euphoria,
hallucination or elation, or to change, distort or disturb his or her eyesight,
thinking processes, balance or coordination or to affect his or her central
nervous system is guilty of a misdemeanor.
2. The provisions of this section do not
apply to a person who uses or intends to use any drug, chemical, poison or
organic solvent for medicinal purposes under the supervision of a physician,
when the drug, chemical, poison or organic solvent is used or intended for use
in keeping with the directions for use as given by the physician.
(Added to NRS by 1973, 75; A 1983, 242)
NRS 454.351 Drugs which may not be introduced into interstate commerce;
penalty; exemptions.
1. Any person within this State who
possesses, procures, obtains, processes, produces, derives, manufactures,
sells, offers for sale, gives away or otherwise furnishes any drug which may
not be lawfully introduced into interstate commerce under the Federal Food,
Drug and Cosmetic Act is guilty of a misdemeanor.
2. The provisions of this section do not
apply:
(a) To physicians licensed to practice in this
State who have been authorized by the Food and Drug Administration to possess
experimental drugs for the purpose of conducting research to evaluate the
effectiveness of such drugs and who maintain complete and accurate records of
the use of such drugs and submit clinical reports as required by the Food and
Drug Administration.
(b) To any substance which has been licensed by
the State Board of Health for manufacture in this State but has not been
approved as a drug by the Food and Drug Administration. The exemption granted
in this paragraph does not grant authority to transport such a substance out of
this State.
(Added to NRS by 1973, 1201; A 1981, 749)
NRS 454.356 Penalty for violation. Except
as otherwise specifically provided, every person who violates any provision of NRS 454.181 to 454.371,
inclusive, is guilty of a misdemeanor.
(Added to NRS by 1973, 1201)
NRS 454.358 Fee for analysis of dangerous drug included in sentence;
distribution of money collected; limitations on use of money.
1. When a defendant pleads guilty or
guilty but mentally ill to, or is found guilty or guilty but mentally ill of,
any violation of this chapter and an analysis of a dangerous drug was performed
in relation to the defendant’s case, the justice or judge shall include in the
sentence the sum of $50 as a fee for the analysis of the dangerous drug.
2. The money collected for such an
analysis must not be deducted from the fine imposed by the justice or judge,
but must be taxed against the defendant in addition to the fine. The money
collected for such an analysis must be stated separately on the court’s docket
and must be included in the amount posted for bail. If the defendant is found
not guilty or the charges are dropped, the money deposited with the court must
be returned to the defendant.
3. The money collected pursuant to
subsection 1 in municipal court must be paid by the clerk of the court to the
county treasurer on or before the fifth day of each month for the preceding
month.
4. The money collected pursuant to
subsection 1 in justice courts must be paid by the clerk of the court to the
county treasurer on or before the fifth day of each month for the preceding
month.
5. The board of county commissioners of
each county shall by ordinance, before September 1, 1987, create in the county
treasury a fund to be designated as the fund for forensic services. Upon
receipt, the county treasurer shall deposit any fee for the analyses of
dangerous drugs in the fund.
6. In counties which receive forensic
services under a contract with the State, any money in the fund for forensic
services must be paid monthly by the county treasurer to the State Treasurer
for deposit in the State General Fund, after retaining 2 percent of the money
to cover his or her administrative expenses.
7. In counties which do not receive
forensic services under a contract with the State, money in the fund for
forensic services must be expended, except as otherwise provided in this
subsection:
(a) To pay for the analyses of dangerous drugs
performed in connection with criminal investigations within the county;
(b) To purchase and maintain equipment to conduct
these analyses; and
(c) For the training and continuing education of
the employees who conduct these analyses.
Ê Money from
the fund must not be expended to cover the costs of analyses conducted by,
equipment used by or training for employees of an analytical laboratory not
registered with the Drug Enforcement Administration of the United States
Department of Justice.
(Added to NRS by 1987, 1398; A 1995, 2469; 2003, 1488; 2007, 1448)
NRS 454.361 Conviction for violation of provision concerning dangerous drugs
constitutes grounds for suspension or revocation of professional license. A conviction of the violation of any of the
provisions of NRS 454.181 to 454.371,
inclusive, constitutes grounds for the suspension or revocation of any license
issued to such person pursuant to the provisions of chapters 630, 631,
633, 635, 636, 638 or 639 of NRS.
(Added to NRS by 1973, 1201; A 1995, 1035)
NRS 454.366 Administration and enforcement by Board. The Board shall administer and enforce NRS 454.181 to 454.371,
inclusive.
(Added to NRS by 1973, 1201)
NRS 454.371 Limitations on furnishing dangerous drug; adoption of
regulations by Board; penalties.
1. If the Board finds any drug to be
dangerous to the public health or safety, it may adopt a regulation not
inconsistent with NRS 454.181 to 454.371, inclusive, limiting or restricting the
furnishing or dispensing of the drug.
2. A violation of such a regulation must
be punished in the same manner as provided in NRS
454.306 to 454.356, inclusive.
(Added to NRS by 1973, 1201; A 1977, 74; 1987, 807)
Hypodermic Devices
NRS 454.480 Requirements for sale with or without prescription.
1. Hypodermic devices which are not
restricted by federal law to sale by or on the order of a physician may be sold
by a pharmacist, or by a person in a pharmacy under the direction of a
pharmacist, on the prescription of a physician, dentist or veterinarian, or of
an advanced practice registered nurse who is a practitioner. Those
prescriptions must be filed as required by NRS
639.236, and may be refilled as authorized by the prescriber. Records of
refilling must be maintained as required by NRS
639.2393 to 639.2397, inclusive.
2. Hypodermic devices which are not restricted
by federal law to sale by or on the order of a physician may be sold or
furnished without a prescription.
(Added to NRS by 1967, 1639; A 1971, 2028; 1973,
1202; 1983, 454,
1221; 1985, 1702; 1991, 796; 1993, 1223; 1995, 302; 2013, 2091,
3176)
NRS 454.500 Regulation of sale of hypodermic devices other than hypodermic
needles or syringes. The Board
shall establish, by regulation, the type of devices other than hypodermic
needles and syringes that must be sold in compliance with the provisions of NRS 454.480 to 454.530,
inclusive.
(Added to NRS by 1967, 1640; A 1977, 74; 1993, 1224)
NRS 454.510 Unlawful possession of hypodermic device. It is unlawful for any person to have in his
or her possession or under his or her control any hypodermic device unless the
person has acquired possession of such device in accordance with the provisions
of NRS 454.480 to 454.530,
inclusive.
(Added to NRS by 1967, 1640; A 1993, 1224)
NRS 454.520 Misuse of hypodermic device; penalty. Repealed.
(See chapter 497, Statutes of Nevada 2013, at page 3176.)
NRS 454.530 Obtaining possession of hypodermic device by forged or
fictitious name or fraudulent misrepresentation; penalty. Any person who obtains possession of any
hypodermic device by a fraudulent representation, a forged or fictitious name,
or in violation of the provisions of NRS 454.480 to
454.530, inclusive, is guilty of a gross
misdemeanor.
(Added to NRS by 1967, 1640; A 1981, 1967; 1993, 1224)
Enforcement
NRS 454.534 Burden of proving exception or exemption. In any complaint, information or indictment
and in any action or proceeding brought for the enforcement of any provision of
NRS 454.181 to 454.530,
inclusive, it is not necessary to negate any exception, excuse, proviso or
exemption contained in NRS 454.181 to 454.530, inclusive, and the burden of proof of any
such exception, excuse, proviso or exemption is upon the defendant.
(Added to NRS by 1969, 283; A 1971, 2029; 1973, 1202;
1983, 243)
NRS 454.535 Amount of drug needed to sustain conviction for prohibited
offense. The amount of a drug
needed to sustain a conviction of a person for an offense prohibited by NRS 454.181 to 454.371,
inclusive, is that amount necessary for identification as such drug by a
witness qualified to make such identification for the prosecution and a witness
qualified to make such identification for the defense.
(Added to NRS by 1971, 359; A 1973, 1202)
MISCELLANEOUS PROVISIONS
NRS 454.680 Applicability to certain products. This
chapter does not apply to:
1. Except as otherwise provided in NRS 454.323, products subject to the provisions of the
Federal Hazardous Substances Act, 15 U.S.C. §§ 1261 et seq.; and
2. Products registered under the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.,
Ê as the acts
exist, respectively, on June 30, 1983.
(Added to NRS by 1967, 1631; A 1983, 243)
NRS 454.695 Prescriptions by advanced practice registered nurses. An advanced practice registered nurse may
prescribe poisons, dangerous drugs and devices for legitimate medical purposes
in accordance with the certificate he or she holds from the Board and the
license issued by the State Board of Nursing.
(Added to NRS by 1983, 1220; A 1991, 797; 2013, 2092)
NRS 454.710 Injunctions. The
Board may bring an action to enjoin any act which would be in violation of the
provisions of this chapter. Such action must be commenced in the district court
for the county in which the act is to occur and must be in conformity with Rule 65 of the Nevada Rules of
Civil Procedure, except that the Board is not required to allege facts
necessary to show or tending to show lack of adequate remedy at law or
irreparable damage or loss. The action must be brought in the name of the State
of Nevada.
(Added to NRS by 1979, 1681)
