NAC639.752. Restrictions on filling or dispensing certain prescriptions.

     1. Except as otherwise provided in this section and NRS 639.235, a pharmacist shall not fill a prescription for, or dispense, a dangerous drug or a controlled substance if the prescription is:

     (a) Written by a practitioner who is not licensed to practice in this State, but is authorized by the laws of another state to prescribe;

     (b) For a patient who resides in a state other than the state in which the prescribing practitioner’s practice is located;

     (c) Requested to be furnished in a manner other than by dispensing directly to the patient, or an agent of the patient, in person; and

     (d) To be paid for in full, in cash or cash equivalent, at the time the prescription is dispensed,

Ê unless the pharmacist first verifies the prescription as set forth in subsection 2.

     2. A pharmacist who verifies a prescription pursuant to this section must:

     (a) Speak with the patient or the prescribing practitioner;

     (b) Establish that:

          (1) The prescription is authentic; and

          (2) A bona fide relationship between the patient and the prescribing practitioner did exist when the prescription was written; and

     (c) Record on the prescription or in the prescription record in the pharmacy’s computer:

          (1) The name of the person with whom the pharmacist spoke concerning the prescription;

          (2) The date and time of the conversation; and

          (3) The date and time the patient was examined by the prescribing practitioner.

     3. Subsection 1 does not apply to a pharmacist who refills a prescription he or she has previously filled if the pharmacist verified the prescription before filling it the first time.

     4. For the purposes of this section, a bona fide relationship between the patient and the prescribing practitioner shall be deemed to exist:

     (a) If the patient was physically examined by the practitioner within the 6 months immediately preceding the date the prescription was issued; or

     (b) If the patient is incarcerated in a local correctional institution or a facility or institution operated by the Department of Corrections and was examined through the use of a telephone or a videoconferencing system by a practitioner who is a physician licensed pursuant to chapter 630 or 633 of NRS and:

          (1) The medical history of the patient is available to the physician;

          (2) A nurse or an advanced practitioner of nursing licensed pursuant to chapter 632 of NRS or a physician assistant licensed pursuant to chapter 630 or 633 of NRS is physically present with the patient when the physician examines the patient and that nurse, advanced practitioner of nursing or physician assistant is trained in the use of the telephone or videoconferencing system; and

          (3) The physician enters the results of the examination into the medical chart of the patient that is maintained by the local correctional institution or the facility or institution operated by the Department of Corrections.

     5. As used in this section:

     (a) “Cash equivalent” includes, without limitation:

          (1) A check;

          (2) A credit card;

          (3) A draft;

          (4) An electronic funds transfer; and

          (5) A prescription drug discount card or other device obtained pursuant to the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, or any regulations adopted pursuant thereto.

     (b) “Local correctional institution” has the meaning ascribed to it in NAC 211.070.

     (Added to NAC by Bd. of Pharmacy by R112-99, eff. 11-3-99; A by R156-04, 10-22-2004; R212-09, 8-13-2010)