NAC639.5975. Prescription drugs: Restrictions on purchase and receipt; disposal of certain drugs.

     1. Except as otherwise provided in this section, a wholesaler shall not purchase or otherwise receive a prescription drug from:

     (a) Any person who is not a wholesaler or manufacturer; or

     (b) A wholesaler if any previous seller of the drug was not a wholesaler or a manufacturer.

     2. A wholesaler may receive a prescription drug from a person who is not a wholesaler or manufacturer if the prescription drug was originally purchased by that person from the wholesaler.

     3. A wholesaler that was not the original wholesaler which sold prescription drugs to a person who is not a wholesaler or manufacturer may receive the prescription drugs if:

     (a) The person no longer does business with the original wholesaler;

     (b) The original wholesaler no longer does business with the person; or

     (c) The original wholesaler refuses to allow the return of the prescription drugs.

     4. A wholesaler shall not:

     (a) Receive from a person who is not a wholesaler or manufacturer an amount or quantity of a prescription drug larger than the amount or quantity that was originally sold by the original wholesaler to that person;

     (b) Pay that person an amount, either in cash or credit, that is more than:

          (1) The amount the person originally paid to the original wholesaler for the prescription drug; or

          (2) The price the receiving wholesaler would have charged that person for the prescription drug at the time of the return; or

     (c) Purchase a contraband drug or a counterfeit drug.

     5. A wholesaler that receives a prescription drug from a person who is not a wholesaler or manufacturer pursuant to this section may dispose of the prescription drug by:

     (a) Destroying the prescription drug;

     (b) Selling the prescription drug to another person who is not a wholesaler or manufacturer;

     (c) Selling the prescription drug to another wholesaler; or

     (d) Providing the prescription drug to another wholesaler or the manufacturer of the prescription drug solely for the purposes of destruction or disposal.

     6. If a wholesaler:

     (a) Sells a prescription drug to another person who is not a wholesaler or manufacturer pursuant to paragraph (b) of subsection 5, the wholesaler is not required to provide a “Statement Identifying Prior Sales of Prescription Drugs by Wholesalers Required by the Prescription Drug Marketing Act” described in NAC 639.603.

     (b) Sells or provides a prescription drug to another wholesaler or the manufacturer of the prescription drug pursuant to paragraph (c) or (d) of subsection 5, the wholesaler must provide a “Statement Identifying Prior Sales of Prescription Drugs by Wholesalers Required by the Prescription Drug Marketing Act” as described in NAC 639.603 for that sale and must indicate on the statement that the prescription drug was received from the person from whom the wholesaler accepted the prescription drug.

     (Added to NAC by Bd. of Pharmacy by R013-01, eff. 11-1-2001; A by R049-04, 2-28-2005)