NAC639.5005. Representative of pharmacy: General requirements; exceptions; approval; enforcement.

      1. Except as otherwise provided in this subsection, an applicant for a license, or a licensee with a license, to conduct a pharmacy shall designate at least one natural person who will be the representative of the pharmacy. The Board will not issue a license to an applicant or renew the license of a licensee that is required to designate a representative of a pharmacy pursuant to this section unless the Board determines that the designated natural person meets the qualifications set forth in subsection 2 and approves that natural person to be the designated representative of the pharmacy. The requirement to designate a representative set forth in this subsection does not apply to:

     (a) An applicant or a licensee that is a publicly traded corporation;

     (b) An applicant or licensee whose pharmacy is determined by the Board to be located within a large retail store, including, without limitation, a grocery store, variety store or department store under common ownership; or

     (c) An applicant or licensee in which a majority interest of the applicant or licensee is owned by a pharmacist who is:

          (1) Licensed by the Board; and

          (2) A resident of this State.

     2. Except as otherwise provided in subsection 3, the Board will approve a natural person to be a representative of a pharmacy if the applicant for a license to conduct a pharmacy or the licensee presents proof satisfactory to the Board that the natural person:

     (a) Has been employed for at least 6,000 hours in a pharmacy or with a wholesaler in a capacity related to the dispensing and distribution of, and recordkeeping relating to, prescription drugs;

     (b) Has received a score of at least 75 percent on an examination given by the Board regarding federal and state laws and pharmacy practices; and

     (c) Is at least 21 years of age.

     3. The Board may, based upon any of the grounds set forth in NRS 639.210, refuse to approve a natural person for service as the representative of a pharmacy, regardless of whether the person is otherwise qualified.

     4. A representative of a pharmacy designated pursuant to this section:

     (a) Must be actively involved in and aware of the actual daily operation of the pharmacy;

     (b) Must be employed full-time in a managerial level position in the pharmacy;

     (c) Must be physically present at the site of the pharmacy during regular business hours, except when the absence of the representative is authorized, including sick leaves, vacation leaves and other authorized absences; and

     (d) May serve in this representative capacity for only one pharmacy at a time.

     5. A pharmacy that is required to designate a natural person as its representative pursuant to this section shall not open or operate the pharmacy unless that representative is actually employed full-time in the operation of the pharmacy and is physically present at the site of the pharmacy during regular working hours, not including sick leave, vacation leave and other authorized absences from work. If the natural person designated as the representative of a pharmacy leaves the employ of the pharmacy, thus leaving the pharmacy without a representative in violation of this section, the pharmacy shall:

     (a) Immediately cease conducting business until another qualified natural person is approved by the Board to serve as the representative of the pharmacy; and

     (b) Not later than 48 hours after that person leaves its employ, notify the Board that the person designated as the representative of the pharmacy has left the employ of the pharmacy.

     6. Before a pharmacy that is in violation of this section because the natural person designated as the representative of the pharmacy left the employ of the pharmacy may continue conducting business:

     (a) The pharmacy must designate, on a form provided by the Board, a new natural person to serve as the representative of the pharmacy; and

     (b) The Board must approve the natural person so designated.

     7. A pharmacy that operates without a representative in violation of this section is subject to the immediate suspension of its license until it employs a qualified natural person to be its representative. The Board will consider such a suspension to be an involuntary closure subject to the provisions of NAC 639.570, entitling the staff of the Board to close the pharmacy until it designates and employs a qualified natural person as its representative.

     (Added to NAC by Bd. of Pharmacy by R076-00, eff. 9-5-2000; A by R010-11, 11-1-2001)