453.256 - Prescriptions; requirements for dispensing certain substances; penalty.
453.256 Prescriptions; requirements for dispensing certain substances; penalty.
1. Except as otherwise provided in subsection 2, a substance included in schedule II must not be dispensed without the written prescription of a practitioner.
2. A controlled substance included in schedule II may be dispensed without the written prescription of a practitioner only:
(a) In an emergency, as defined by regulation of the Board, upon oral prescription of a practitioner, reduced to writing promptly and in any case within 72 hours, signed by the practitioner and filed by the pharmacy.
(b) Upon the use of a facsimile machine to transmit the prescription for a substance included in schedule II by a practitioner or a practitioner’s agent to a pharmacy for:
(1) Direct administration to a patient by parenteral solution; or
(2) A resident of a facility for intermediate care or a facility for skilled nursing which is licensed as such by the Health Division of the Department.
Ê A prescription transmitted by a facsimile machine pursuant to this paragraph must be printed on paper which is capable of being retained for at least 2 years. For the purposes of this section, such a prescription constitutes a written prescription. The pharmacy shall keep prescriptions in conformity with the requirements of NRS 453.246. A prescription for a substance included in schedule II must not be refilled.
3. Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance included in schedule III or IV which is a dangerous drug as determined under NRS 454.201, must not be dispensed without a written or oral prescription of a practitioner. The prescription must not be filled or refilled more than 6 months after the date thereof or be refilled more than five times, unless renewed by the practitioner.
4. A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.
5. A practitioner may dispense or deliver a controlled substance to or for a person or animal only for medical treatment or authorized research in the ordinary course of his or her profession.
6. No civil or criminal liability or administrative sanction may be imposed on a pharmacist for action taken in good faith in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.
7. An individual practitioner may not dispense a substance included in schedule II, III or IV for the practitioner’s own personal use except in a medical emergency.
8. A person who violates this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.
9. As used in this section:
(a) “Facsimile machine” means a device which sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.
(b) “Medical treatment” includes dispensing or administering a narcotic drug for pain, whether or not intractable.
(c) “Parenteral solution” has the meaning ascribed to it in NRS 639.0105.
(Added to NRS by 1971, 2012; A 1973, 581; 1979, 1665; 1981, 1960; 1989, 1125; 1991, 1658; 1995, 299, 1280, 1329)
NRS 453.257 Filling second or subsequent prescriptions. A pharmacist shall not fill a second or subsequent prescription for a controlled substance listed in schedule II for the same patient unless the frequency of prescriptions is in conformity with the directions for use. The need for any increased amount shall be verified by the practitioner in writing or personally by telephone.
(Added to NRS by 1977, 668; A 1979, 1665)