NAC639.633. Contracts authorizing receipt, storage and shipment of prescription drugs and goods.

     1. An authorized warehouse may receive, store and ship prescription drugs and goods only for a manufacturer, wholesaler, pharmacy or chain warehouse with whom it has a written contract. The written contract must include, but is not limited to:

     (a) The name and address of the main office of the manufacturer, wholesaler, pharmacy or chain warehouse;

     (b) The address of each location from which the manufacturer, wholesaler, pharmacy or chain warehouse may ship prescription drugs or goods to the authorized warehouse;

     (c) The number of the license or registration issued to the manufacturer, wholesaler, pharmacy or chain warehouse by each state from which prescription drugs or goods may be shipped to the authorized warehouse;

     (d) A specific acknowledgment that the authorized warehouse will receive, store and ship prescription drugs and goods as the agent and bailee of the manufacturer, wholesaler, pharmacy or chain warehouse and that ownership of the prescription drugs and goods does not transfer to the authorized warehouse;

     (e) A provision requiring the authorized warehouse to return to the manufacturer, wholesaler, pharmacy or chain warehouse any prescription drugs and goods received that are labeled or addressed to any person other than the manufacturer, wholesaler, pharmacy or chain warehouse;

     (f) A provision requiring the authorized warehouse to perform acts related to the receipt, storage and shipping of prescription drugs and goods in accordance with the instructions of the manufacturer, wholesaler, pharmacy or chain warehouse;

     (g) A provision limiting the payments required to be made by the manufacturer, wholesaler, pharmacy or chain warehouse to payments for the rental of space, equipment, personnel and other costs necessary to carry out the instructions of the manufacturer, wholesaler, pharmacy or chain warehouse;

     (h) A provision prohibiting the authorized warehouse from opening any containers received from the manufacturer, wholesaler, pharmacy or chain warehouse, except at the specific direction of the manufacturer, wholesaler, pharmacy or chain warehouse; and

     (i) A statement that any receipt issued by the authorized warehouse is not negotiable.

     2. An authorized warehouse shall furnish a copy of the written contract to the Board upon request. If the request is submitted in person, the copy must be provided immediately. If the request is not submitted in person, the copy must be provided within 2 business days.

     (Added to NAC by Bd. of Pharmacy, eff. 10-1-93)