NAC639.432. Restrictions on dispensing drugs.

     1. A Canadian pharmacy licensed to provide mail order service pursuant to NRS 639.2328 may dispense under those provisions only a drug that:

     (a) Appears in:

          (1) The Orange Book; and

          (2) The HC-DPD;

     (b) Has been manufactured in accordance with standards established by:

          (1) The Food and Drug Administration of the United States Department of Health and Human Services; or

          (2) The Therapeutic Products Directorate of Health Canada;

     (c) Is in a strength that appears in both the Orange Book and the HC-DPD; and

     (d) Is drawn from the inventory of the pharmacy that is maintained at the pharmacy.

     2. A Canadian pharmacy licensed to provide mail order service pursuant to NRS 639.2328 may not dispense under those provisions:

     (a) A drug that is in any of the following forms:

          (1) A liquid form, except for ophthalmic solutions;

          (2) An intravenous form; or

          (3) A form that requires refrigeration or other special handling for shipment;

     (b) A generic version of a drug, unless the generic version of the drug is “A-rated” in the Orange Book; or

     (c) A drug that has been approved for sale without a prescription in Canada but for which a prescription is required in the United States, unless the patient has provided a prescription for the drug to the pharmacy.

     3. As used in this section:

     (a) “HC-DPD” means the Drug Product Database, copyright Her Majesty the Queen in Right of Canada, as amended, that is managed by Health Canada. Access to the database may be obtained on the Internet at the Internet address http://www.hc-sc.gc.ca/dhp-mps/prodpharma/databasdon/index_e.html.

     (b) “Orange Book” means the list of “Approved Drug Products with Therapeutic Equivalence Evaluations,” as amended, that is published by the Center for Drug Evaluation and Research of the Food and Drug Administration of the United States Department of Health and Human Services. A copy of the list may be obtained on the Internet at the Internet address http://www.fda.gov/cder/orange/obannual.pdf.

     (Added to NAC by Bd. of Pharmacy by R040-06, eff. 5-4-2006)