1. Except as otherwise provided in NRS 433.801, 435.700, 449.2485, 638.200, 639.267, 639.2675 and 639.2676, it is unlawful for any person to have in his or her possession, or under his or her control, for the purpose of resale, or to sell or offer to sell or dispense or give away, any pharmaceutical preparation, drug or chemical which:
(a) Has been dispensed pursuant to a prescription or chart order and has left the control of a registered pharmacist or practitioner;
(b) Has been damaged or subjected to damage by heat, smoke, fire or water, or other cause which might reasonably render it unfit for human or animal use;
(c) Has been obtained through bankruptcy or foreclosure proceedings, or other court action, auction or other legal or administrative proceedings, except when the pharmaceutical preparation, drug or chemical is in the original sealed container;
(d) Is no longer safe or effective for use, as indicated by the expiration date appearing on its label; or
(e) Has not been properly stored or refrigerated as required by its label.
2. The provisions of subsection 1 do not apply if the person in whose possession the pharmaceutical preparation, drug or chemical is found also has in his or her possession a valid and acceptable certification of analysis attesting to the purity and strength of the pharmaceutical preparation, drug or chemical and attesting to the fact that it can be safely and effectively used by humans or animals. The preparation, drug or chemical must not be sold or otherwise disposed of until the certification required by this subsection has been presented to and approved by the Board.
3. In the absence of conclusive proof that the preparation, drug or chemical can be used safely and effectively by humans or animals, it must be destroyed under the direct supervision of a member or an inspector of the Board, or two persons designated as agents by the Board who include an inspector of a health care board, a licensed practitioner of a health care board or a peace officer of an agency that enforces the provisions of chapters 453 and 454 of NRS.
4. As used in this section, "health care board" includes the State Board of Pharmacy, the State Board of Nursing, the Board of Medical Examiners and the Nevada State Board of Veterinary Medical Examiners.
(Added to NRS by 1967, 1664; A 1979, 982; 1989, 1124, 1450; 2003, 1374; 2009, 1091; 2011, 835; 2013, 3070)
Structure Nevada Revised Statutes
Chapter 639 - Pharmacists and Pharmacy
NRS 639.0015 - "Advanced practice registered nurse" defined.
NRS 639.0017 - "Biological product" defined.
NRS 639.002 - "Board" defined.
NRS 639.003 - "Certificate" defined.
NRS 639.004 - "Chart order" defined.
NRS 639.005 - "Chemical" defined.
NRS 639.0051 - "Collaborative drug therapy management" defined.
NRS 639.0052 - "Collaborative practice agreement" defined.
NRS 639.00525 - "Collaborative practice of pharmacy" defined.
NRS 639.0053 - "Compound" and "compounding" defined.
NRS 639.006 - "Conviction" defined.
NRS 639.0061 - "Course of treatment" defined.
NRS 639.0065 - "Dispense" defined.
NRS 639.007 - "Drug" and "medicine" defined.
NRS 639.0071 - "Drug sample" defined.
NRS 639.0073 - "Fill" defined.
NRS 639.0074 - "Hospital" defined.
NRS 639.008 - "Hypodermics" defined.
NRS 639.0082 - "Initial prescription" defined.
NRS 639.0085 - "Institutional pharmacy" defined.
NRS 639.00855 - "Interchangeable biological product" defined.
NRS 639.0086 - "Intern pharmacist" defined.
NRS 639.00865 - "Internet pharmacy" defined.
NRS 639.0087 - "Managing pharmacist" defined.
NRS 639.009 - "Manufacturer" defined.
NRS 639.0095 - "Nuclear pharmacist" defined.
NRS 639.0097 - "Nuclear pharmacy" defined.
NRS 639.0105 - "Parenteral solutions" and "parenterals" defined.
NRS 639.0113 - "Pharmaceutical technician" defined.
NRS 639.0115 - "Pharmaceutical technician in training" defined.
NRS 639.012 - "Pharmacy" defined.
NRS 639.0123 - "Pharmacy in a correctional institution" defined.
NRS 639.0125 - "Practitioner" defined.
NRS 639.013 - "Prescription" defined.
NRS 639.0143 - "Radiopharmaceutical" defined.
NRS 639.0144 - "Recovery center" defined.
NRS 639.0145 - "Refill" defined.
NRS 639.015 - "Registered pharmacist" defined.
NRS 639.0151 - "Remote site" defined.
NRS 639.0153 - "Satellite consultation site" defined.
NRS 639.01531 - "Self-administered hormonal contraceptive" defined. [Effective January 1, 2022.]
NRS 639.01535 - "Telehealth" defined.
NRS 639.0154 - "Telepharmacy" defined.
NRS 639.0155 - "Wholesale distribution" defined.
NRS 639.016 - "Wholesaler" defined.
NRS 639.018 - Inapplicability of chapter to certain veterinary biologic products.
NRS 639.020 - Creation; number and appointment of members.
NRS 639.030 - Qualification and terms of members; oath; vacancies; grounds for removal from office.
NRS 639.060 - Biennial report to Governor.
NRS 639.065 - Annual report concerning immunizations administered by pharmacists.
NRS 639.067 - Posting of information relating to pharmaceutical manufacturers on website.
NRS 639.070 - General powers; regulations.
NRS 639.071 - Regulations: Institutional pharmacies.
NRS 639.072 - Regulations: Pharmacies in correctional institutions.
NRS 639.0725 - Regulations: Internet pharmacies.
NRS 639.0747 - Regulations: Registered pharmacists collecting specimens.
NRS 639.090 - Enforcement of chapter; inspections.
NRS 639.093 - Communication with other public agencies; immunity.
NRS 639.095 - Board to furnish free copies of law and regulations to applicants and registrants.
NRS 639.097 - Injunctive relief.
NRS 639.120 - Qualifications of applicants to become registered pharmacists.
NRS 639.134 - Registration of pharmacist without examination; reciprocity.
NRS 639.138 - Denial of application: Notice.
NRS 639.139 - Denial of application: Procedure for reconsideration.
NRS 639.150 - Display of certificates, licenses and permits; regulations.
NRS 639.160 - Notice of new place of practice.
NRS 639.170 - Fees; costs of special meetings; regulations.
NRS 639.190 - Issuance of certificate of registration as pharmacist after forfeiture.
NRS 639.200 - Issuance of duplicate certificates and receipts for renewal.
NRS 639.211 - Mental illness: Immediate suspension of right to practice.
NRS 639.213 - Legislative declaration.
NRS 639.2171 - Legislative findings and declaration.
NRS 639.2177 - License; regulations.
NRS 639.231 - Application for and issuance of license.
NRS 639.232 - Limitations on issuance of licenses.
NRS 639.2324 - Institutional pharmacies: Requirements for operation.
NRS 639.2327 - Maintenance of stocks of drugs by certain facilities.
NRS 639.23277 - Remote sites and satellite consultation sites: Location; operation; regulations.
NRS 639.23286 - Pharmacy located outside Nevada: Substitution of drug; toll-free telephone service.
NRS 639.233 - License required.
NRS 639.2345 - Sale of veterinary drugs: Permit required; regulations; exemption.
NRS 639.2355 - Practitioner liable for prescription orally transmitted by agent.
NRS 639.236 - Numbering, filing and retention of prescriptions; inspection of files; regulations.
NRS 639.2392 - Controlled substance or dangerous drug: Records.
NRS 639.2393 - Controlled substance or dangerous drug: Limitations.
NRS 639.2394 - Controlled substance or dangerous drug: Exercise of judgment by pharmacist.
NRS 639.2395 - Early refills for topical ophthalmic products authorized under certain circumstances.
NRS 639.2396 - Specific authorization; limitations.
NRS 639.2397 - Rescission of authorization.
NRS 639.241 - Accusation: Form, contents and signature.
NRS 639.243 - Statement to Respondent: Contents.
NRS 639.244 - Notice of Defense: Form; effect of failure to file.
NRS 639.245 - Notice of hearing.
NRS 639.246 - Subpoenas; payment of witness fees and expenses.
NRS 639.247 - Hearing: Procedure.
NRS 639.248 - Hearing: Use of hearsay evidence.
NRS 639.251 - Decision; order.
NRS 639.253 - Order following rehearing.
NRS 639.2535 - Judicial review.
NRS 639.2565 - Reinstatement of suspended certificate.
NRS 639.257 - Reinstatement of revoked certificate, license or permit.
NRS 639.2576 - Immunity from civil action for assisting administrative proceeding.
NRS 639.258 - Filing of complaint.
NRS 639.2583 - General requirements governing substitution; procedure; limitations; exceptions.
NRS 639.2595 - Liability of pharmacist or practitioner.
NRS 639.2597 - Use of list of biologically equivalent drugs or interchangeable biological products.
NRS 639.263 - False or misleading advertising.
NRS 639.264 - Prohibition against unearned rebate, refund or other consideration for referrals.
NRS 639.265 - Pharmacists may trade or exchange drugs if necessary for business.
NRS 639.266 - Communication of information to patient or person caring for patient.
NRS 639.275 - Computer or other electronic device provided to practitioner by pharmacy or insurer.
NRS 639.2801 - Requirements for labeling containers for prescribed drugs.
NRS 639.2802 - Availability of information concerning prices of prescriptions.
NRS 639.2803 - Dispensing specific drugs when choice of drugs available.
NRS 639.2804 - Filling prescriptions for amygdalin and procaine hydrochloride.
NRS 639.2806 - Parenteral solutions: Limitation on sale and dispensing.
NRS 639.2807 - Parenteral solutions: Compounding, packaging and labeling; regulations.
NRS 639.281 - False representations.
NRS 639.2815 - Fraudulent or excessive charge or claim under program of public assistance; penalty.
NRS 639.2825 - Unlawful to sell, furnish or fit contact lens; exception.
NRS 639.284 - Unlawful dispensing and sales; penalties.
NRS 639.2845 - Selling or dispensing of procaine hydrochloride.
NRS 639.285 - Unlawful sales by unlicensed persons; penalties.
NRS 639.286 - Violation of Board’s regulations.
NRS 639.288 - Unlawful sales by wholesalers and manufacturers.
NRS 639.289 - Inspection of premises by Board.
NRS 639.2893 - Practicing or offering to practice without license: Reporting requirements of Board.
NRS 639.2895 - Practicing or offering to practice without license: Penalties.
NRS 639.300 - Recovery of penalties; conduct of actions and prosecutions by district attorney.
NRS 639.310 - Criminal penalty.
NRS 639.400 - "Product that is a precursor to methamphetamine" defined.
NRS 639.410 - Sales of products that are precursors to methamphetamine.
NRS 639.430 - Real-time, stop sale system: Conditions for approval; regulations.
NRS 639.510 - Protection of certain information obtained by Board.
NRS 639.515 - Bond or other form of security required; exceptions.
NRS 639.535 - Statement of prior sales" or "statement" defined.
NRS 639.540 - Duties of Board; requirements concerning use, form and contents of statement.
NRS 639.545 - Prohibited transactions.
NRS 639.555 - Additional unlawful acts.
NRS 639.575 - Information regarding other wholesalers.
NRS 639.580 - Evidence regarding due diligence; prohibited business relationships.
NRS 639.585 - On-site inspections; agreements with other wholesalers.