NAC639.556. Meal periods and rest periods for employees of pharmacy.

     1. Except as otherwise provided in this section and NRS 639.220:

     (a) The owner of a pharmacy shall permit each employee of the pharmacy to take meal periods and rest periods as required by NRS 608.019 or any applicable collective bargaining agreement; and

     (b) A pharmacy may schedule a regular time during which a pharmacist employed by the pharmacy may take a meal period.

     2. If there is more than one pharmacist on duty at the time that a pharmacist takes a meal period, the pharmacist who is taking the meal period may, at his or her discretion, remain on the premises of the pharmacy or leave the premises of the pharmacy.

     3. Except as otherwise provided in NRS 639.220, if a pharmacist is the only pharmacist on duty at the time he or she takes a meal period, the pharmacist may, at his or her discretion, remain on the premises of the pharmacy or leave the premises of the pharmacy. If the pharmacist chooses to remain on the premises of the pharmacy, the pharmacist may not be interrupted or disturbed to conduct his or her work as a pharmacist, unless the pharmacist has agreed to such an interruption. If the pharmacist chooses to leave the premises of the pharmacy, the pharmacist shall:

     (a) Close and secure the pharmacy pursuant to NAC 639.520; and

     (b) Post a sign that is visible to the public stating the time the pharmacist will return from the meal break.

     4. A pharmacy that is closed and secured during the meal period of a pharmacist pursuant to subsection 3 may accept a prescription during the meal period if:

     (a) The prescription is placed by the patient or the patient’s agent or representative in a secure container or receptacle that ensures that the prescription cannot be seen, removed or damaged until it is retrieved by a pharmacist or other authorized employee of the pharmacy; or

     (b) An authorized employee of the pharmacy personally accepts and secures the prescription from the patient or the patient’s agent or representative outside the closed and secured premises of the pharmacy.

     5. A pharmacy may require a pharmacist to remain on the premises of the pharmacy during a rest period, but may not require the pharmacist to serve the public during the rest period. The pharmacist may, at the discretion of the pharmacist, agree to have his or her rest period interrupted.

     6. The provisions of this section do not affect any other provision of law regarding the practice of pharmacy.

     (Added to NAC by Bd. of Pharmacy by R152-05, eff. 12-29-2005)