NAC639.6945. Waiver of license fee.

     1. The Board may waive the license fee, or any part thereof, for a medical products provider that:

     (a) Is a tax-exempt charitable organization pursuant to 26 U.S.C. § 501(c);

     (b) Provides medical products to a majority of the consumers served by the medical products provider at no charge; and

     (c) Verifies to the satisfaction of the Board that at least 75 percent of the money of the medical products provider is used for bona fide charitable purposes.

     2. A medical products provider that the Board has determined satisfies the requirements for a waiver of the license fee pursuant to subsection 1:

     (a) May:

          (1) Accept donations of medical products and food products;

          (2) Except as otherwise provided in paragraph (b), dispense donated medical equipment in an “as is” condition if:

               (I) The medical equipment does not require an order from a practitioner to be dispensed; and

               (II) The consumer or his or her caregiver or agent signs a waiver acknowledging that the consumer understands that the equipment is in an “as is” condition; and

          (3) Dispense a donated food product, other than a product for which an enteral or parenteral pump is required, if the food product is not adulterated and the medical products provider dispenses the food product before the expiration date set forth on the packaging of the food product.

     (b) May not dispense a donated medical product that bears an indication that the product was provided by or originated with another medical products provider unless it obtains the consent of the original medical products provider.

     (Added to NAC by Bd. of Pharmacy by R008-01, eff. 11-1-2001; A by R012-02, 5-31-2002; R033-07, 8-26-2008)