NAC638.0628. Controlled substances: Requirements for registration; limitations on possession, administration, prescribing and dispensing; maintenance of stock; recordkeeping; maintenance and inspection of records.

     1. A veterinary facility at which controlled substances are possessed, administered, prescribed or dispensed shall ensure that one or more veterinarians who practice at that veterinary facility register and maintain a registration with the Drug Enforcement Administration of the United States Department of Justice and the State Board of Pharmacy. The certificates of registration with each agency must be available for inspection at the veterinary facility.

     2. A veterinarian who is not registered with the Drug Enforcement Administration of the United States Department of Justice and the State Board of Pharmacy as described in subsection 1 may possess, administer, prescribe or dispense a controlled substance at a veterinary facility if the veterinarian:

     (a) Is an employee or agent of the veterinarian who is registered pursuant to subsection 1;    (b) Practices in the same veterinary facility as the veterinarian who is registered pursuant to subsection 1;

     (c) Possesses, administers, prescribes or dispenses the controlled substance in the normal course of his or her employment; and

     (d) Complies with all the requirements and duties prescribed by law relating to the possession, administration, prescribing and dispensing of a prescription drug.

     3. A veterinary facility which maintains a stock of controlled substances for administration or dispensing shall:

     (a) Secure the stock of controlled substances in a locked container that is:

          (1) Affixed to the structure and located within a locked room; or

          (2) Located within a second locked container which is affixed to the structure.

     (b) Ensure that only a veterinarian or a veterinary technician designated by the veterinarian has the keys or combination to unlock the two separate locks at the start of a business day or beginning of a shift, if the veterinary facility has veterinarians on successive shifts.

     (c) Restrict access to the controlled substances to veterinarians or veterinary technicians only.

     (d) Ensure that each veterinarian or veterinary technician who accesses the secure container which stores controlled substances records in a log:

          (1) The name of the veterinarian or veterinary technician who accessed the secure container and the date that he or she accessed the secure container.

          (2) The name, strength and quantity of the controlled substance removed from or placed into the secure container and the total amount of all quantities of that particular controlled substance remaining inside the secure container.

     (e) Ensure that a veterinarian who intends to destroy an unused portion of a controlled substance records in a log the name and quantity of the controlled substance that will be destroyed and the date and time that the controlled substance will be destroyed. An entry made pursuant to this paragraph must be verified by an employee of the veterinary facility.

     (f) Ensure that the purchasing, storage and recordkeeping of controlled substances comply with all applicable state and federal laws.

     (g) Ensure that any controlled substance is purchased by a veterinarian or with the knowledge of a veterinarian and that all controlled substances received by the veterinary facility are verified by a veterinarian or with the knowledge of a veterinarian.

     (h) Maintain separate files for the records of the purchase of each controlled substance listed in schedule II of controlled substances in NAC 453.520 and records of the dispensing of each controlled substance listed in schedule II of controlled substances in NAC 453.520.

     4. Any record made pursuant to this section must be maintained for at least 4 years and must be available for inspection by the Board or its representative, the State Board of Pharmacy or its representative or any authorized federal, state or local regulatory agency or law enforcement agency.

     (Added to NAC by Bd. of Veterinary Med. Exam’rs by R116-10, 12-30-2011, eff. 1-1-2012)