NAC639.709. Persons to whom pharmacy may furnish certain restricted products.

     1. A pharmacy may furnish drugs, controlled substances, poisons, chemicals, devices or appliances restricted by federal law to sale by or on the order of a physician only to:

     (a) The ultimate user;

     (b) A licensed practitioner;

     (c) Another pharmacy to alleviate a temporary shortage; or

     (d) A wholesaler only for the purposes of, and subject to the conditions set forth in, NAC 639.5975.

     2. Drugs, controlled substances, poisons, chemicals, devices or appliances that are returned by a person for credit, in an amount equal to or less than the actual purchase price, to a wholesaler or manufacturer pursuant to subsections 2, 3 and 4 of NAC 639.5975 are not subject to the provisions of this section.

     3. As used in this section, “ultimate user” means a person who lawfully possesses a drug, controlled substance, poison, chemical, device or appliance restricted by federal law to sale by or on the order of a physician for his or her own use, the use of a member of the person’s household or the use of any person for whom he or she is caring, or for administering to any animal owned by the person or by a member of his or her household.

     (Added to NAC by Bd. of Pharmacy, eff. 10-1-93; A 5-22-96; R118-98, 9-10-98; R049-04, 2-28-2005)