NAC639.718. Mechanical devices: Use by pharmacy to furnish prescription drugs to patients.

     1. Except as otherwise provided in this section, a pharmacy may use a mechanical device to furnish a prescription drug to a patient. The device must conform to all of the following provisions:

     (a) The device must contain only prescription drugs:

          (1) For which counseling is not required pursuant to NAC 639.707; and

          (2) For which the prescriptions have been processed, verified and completed in the same manner as prescriptions for drugs that are delivered manually by the pharmacy, including the provision of printed medication guides and any other information required pursuant to NAC 639.707.

     (b) The device must not contain controlled substances included in schedule II.

     (c) The device must be designed to ensure that the device:

          (1) Is located such that access to the device:

               (I) For stocking, cleaning, maintenance or any other purpose can be obtained only by a pharmacist or a member of the staff of the pharmacy from within a secured area of the pharmacy; and

               (II) Is secure from unauthorized access to and removal of prescription drugs from the device.

          (2) Records the name of each person at the pharmacy who authorizes access to the device.

          (3) Cannot be used by a patient:

               (I) Outside the physical location of the pharmacy.

               (II) Unless the patient previously has indicated to the pharmacy that the patient desires that his or her prescription drugs be furnished by the mechanical device.

          (4) Provides a method to identify the patient and furnishes a prescription drug only to the patient or to an authorized agent of the patient.

          (5) Can furnish one, any combination or all of the prescription drugs available to a patient at the option of the patient at the time that the patient removes the prescription drugs from the device.

          (6) Records the date and time that the patient removes the prescription drugs from the device.

          (7) Informs a patient:

               (I) That a prescription drug is not available to be furnished by the device if the pharmacist wishes to counsel the patient regarding the prescription drug.

               (II) If the patient is using the device at the time that the pharmacy is open, that the patient may discuss questions and concerns regarding the prescription drug with a pharmacist at the pharmacy.

               (III) If the patient is using the device at the time that the pharmacy is closed, that the patient may discuss questions and concerns regarding the prescription drug using a toll-free telephone number at which a pharmacist at a pharmacy licensed by the Board will respond at all hours when the pharmacy at which the device is located is closed. A pharmacist who responds to questions or concerns pursuant to this sub-subparagraph must have access by computer to the same information regarding the patient that a pharmacist would have using the computer system of the pharmacy at which the device is located.

     2. A pharmacy shall not use a mechanical device to furnish a prescription drug to a patient until the pharmacy has notified the Board in writing of:

     (a) The type of device that will be used; and

     (b) The anticipated date that the device will first be used.

     3. The Board may prohibit a pharmacy from using a mechanical device to furnish a prescription drug to a patient if the Board determines that the device or the pharmacy’s use of the device does not comply with this section.

     4. The provisions of this section do not prohibit the use of a mechanical device to furnish a drug or device that is approved by the Food and Drug Administration for sale over the counter without a prescription if the pharmacy using the mechanical device is otherwise authorized to use the mechanical device pursuant to this section.

     (Added to NAC by Bd. of Pharmacy by R038-07, eff. 10-31-2007)