NAC639.5935. Representative of wholesaler: 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 operate as a wholesaler shall designate at least one natural person to serve as the representative of the wholesaler. The Board will not issue or renew a license of an applicant or licensee that is required to designate a representative of a wholesaler pursuant to this section unless the Executive Secretary 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 wholesaler. The requirement to designate a representative set forth in this subsection does not apply to:

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

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

          (1) Licensed by the Board;

          (2) A resident of this State; and

          (3) Not an owner of any interest in a pharmacy licensed by the Board.

     2. Except as otherwise provided in subsection 3, the Board will approve a natural person as the representative of a wholesaler if the applicant for a license to operate as a wholesaler or the licensee presents proof satisfactory to the Executive Secretary 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 wholesaler 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 wholesaler, regardless of whether the person is otherwise qualified.

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

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

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

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

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

     5. A wholesaler that is required to designate a natural person as its representative pursuant to this section shall not open or operate a facility unless that representative is actually employed full-time in the operation of the wholesaler and is physically present at the facility of the wholesaler 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 wholesaler leaves the employ of the wholesaler, thus leaving the wholesaler without a representative in violation of this section, the wholesaler shall:

     (a) Immediately cease conducting business until another qualified natural person is approved by the Board to serve as the representative of the wholesaler; 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 wholesaler has left the employ of the wholesaler.

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

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

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

     7. A wholesaler 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 Executive Secretary may take such action as deemed necessary to secure the facility of the wholesaler and to ensure that the wholesaler does not conduct business during the period of the suspension.

     (Added to NAC by Bd. of Pharmacy by R013-01, eff. 11-1-2001)