1. An owner of an animal may donate a drug that is dispensed for the animal, but will not be used by that animal, to a licensed veterinarian or a facility in which veterinary medicine is practiced if the licensed veterinarian or facility chooses to accept the drug.
2. Except as otherwise provided in subsection 9, a licensed veterinarian may reissue a drug accepted pursuant to this section to fill other prescriptions dispensed by the licensed veterinarian free of charge for an animal if:
(a) The licensed veterinarian determines that the owner of the animal is eligible for the reissuance of the drug based on economic need;
(b) The licensed veterinarian determines that the drug is suitable for that purpose;
(c) The drug was originally dispensed by a licensed veterinarian, a facility in which veterinary medicine is practiced which is licensed pursuant to NRS 638.132, a pharmacy licensed pursuant to chapter 639 of NRS or an Internet pharmacy that is accredited through the National Association of Boards of Pharmacy’s Veterinary-Verified Internet Pharmacy Practice Sites program or its successor;
(d) The drug is not a controlled substance;
(e) The drug is not a compounded drug;
(f) Except as otherwise provided in subsection 3, the drug does not require refrigeration;
(g) Except as otherwise provided in subsection 4, the drug is not in a liquid form;
(h) The usefulness of the drug has not expired;
(i) The packaging or bottle contains the expiration date of the usefulness of the drug; and
(j) The name of the animal and the name of the owner of the animal for which the drug was originally dispensed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the reissuance of the drug.
3. For the purposes of paragraph (f) of subsection 2, the drug may be donated if refrigeration of the drug is required only after opening and the drug is unopened when donated.
4. For the purposes of paragraph (g) of subsection 2, the drug may be donated if it is in a liquid form and is packaged in a single dose in an ampule or vial.
5. A licensed veterinarian or other person who, or a facility or agency in which veterinary medicine is practiced that, exercises reasonable care in the donation, acceptance, distribution or dispensation of a drug in accordance with the provisions of this section and any regulations adopted pursuant thereto is not subject to any civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the donation, acceptance, distribution or dispensation of the drug.
6. A manufacturer of a drug is not subject to civil or criminal liability for any claim or injury arising from the donation, acceptance, distribution or dispensation of the drug pursuant to this section and any regulations adopted pursuant thereto.
7. A licensed veterinarian shall not sell or resell any drug accepted pursuant to this section.
8. A licensed veterinarian shall:
(a) Identify and maintain separately from other stock any drug accepted pursuant to this section; and
(b) Make a record of each drug accepted pursuant to this section that includes, without limitation:
(1) The date on which the drug was donated;
(2) The name of the person who donated the drug;
(3) The expiration date of the drug; and
(4) If the drug expires while in the custody of the licensed veterinarian and the drug is destroyed, the date on which the drug was destroyed.
The record must be maintained for not less than 4 years.
9. A licensed veterinarian may not reissue a drug accepted pursuant to this section to fill other prescriptions dispensed by the licensed veterinarian for an animal if the animal is raised to produce food for human consumption or the animal is ordinarily consumed by animals that are raised to produce food for human consumption.
10. The Board may adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation:
(a) Requirements for reissuing drugs pursuant to this section, including, without limitation, requirements that provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted before being reissued.
(b) Requirements for accepting drugs donated to a licensed veterinarian or facility in which veterinary medicine is practiced pursuant to this section.
(c) Requirements for maintaining records relating to the acceptance and use of drugs to fill other prescriptions pursuant to this section.
11. As used in this section, "Internet pharmacy" has the meaning ascribed to it in NRS 639.00865.
(Added to NRS by 2011, 833)
Structure Nevada Revised Statutes
Chapter 638 - Veterinary Medicine; Euthanasia Technicians
NRS 638.0015 - "Agency" defined.
NRS 638.002 - "Animal" defined.
NRS 638.004 - "Board" defined.
NRS 638.005 - "Euthanasia technician" defined.
NRS 638.007 - "Licensed veterinarian" defined.
NRS 638.008 - "Practice of veterinary medicine" defined.
NRS 638.009 - "School of veterinary medicine" defined.
NRS 638.011 - "Veterinarian" defined.
NRS 638.012 - "Veterinary medicine" defined.
NRS 638.013 - "Veterinary technician" defined.
NRS 638.014 - "Veterinary telemedicine" defined.
NRS 638.015 - Applicability of chapter.
NRS 638.017 - Service of process: Methods; filing and recording of proof.
NRS 638.020 - Creation; number, appointment, qualifications and removal of members.
NRS 638.030 - Oaths of members.
NRS 638.060 - Meetings; quorum.
NRS 638.070 - Regulations; powers regarding employees, investigations and evidence and offices.
NRS 638.073 - Administration of oaths.
NRS 638.077 - Inspection of facilities.
NRS 638.080 - Duties of Executive Director; deposit, use and payment of Board’s money.
NRS 638.089 - Records: Additional provisions governing confidentiality and disclosure.
NRS 638.090 - Unlawful to practice without license.
NRS 638.110 - Examination for license to practice veterinary medicine; regulations.
NRS 638.116 - Euthanasia technician: Application for license; qualifications; fee.
NRS 638.117 - Euthanasia technician: Examination.
NRS 638.118 - Euthanasia technician: Duties upon cessation of qualified employment.
NRS 638.119 - Euthanasia technician: Regulations.
NRS 638.122 - Veterinary technician: Application for license; qualifications; fee.
NRS 638.123 - Veterinary technician: Examination; regulations.
NRS 638.124 - Veterinary technician: Regulations; responsibility of supervising veterinarian.
NRS 638.129 - Removal of limitation or suspension of license; reinstatement of revoked license.
NRS 638.132 - Regulations for licensure of facility in which veterinary medicine is practiced.
NRS 638.1402 - Fraudulent acts.
NRS 638.1416 - Physical examination of animal after filing of complaint concerning care of animal.
NRS 638.1419 - Conduct of investigation.
NRS 638.1429 - Procedure after investigation of complaint completed.
NRS 638.1445 - Search warrant.
NRS 638.145 - Evidentiary standard for refusing to issue license or taking disciplinary action.
NRS 638.148 - Judicial review.
NRS 638.151 - Legal representation of Board at hearing.
NRS 638.1515 - Requirements for proof.
NRS 638.152 - Immunity from civil action.
NRS 638.153 - Criminal prosecution not precluded by disciplinary or other action.
NRS 638.155 - Injunctive relief for violations of chapter.
NRS 638.1551 - Injunctive relief for unprofessional conduct.
NRS 638.1555 - Allegation necessary for injunction.
NRS 638.160 - Prosecution of violators by Attorney General or district attorneys.