639.2676 - Reissuance of unused drugs transferred to nonprofit pharmacy; immunity from civil and criminal liability; restriction; written procedures for accepting and issuing such drugs; regulations.
639.2676 Reissuance of unused drugs transferred to nonprofit pharmacy; immunity from civil and criminal liability; restriction; written procedures for accepting and issuing such drugs; regulations.
1. A nonprofit pharmacy designated by the Board in accordance with the regulations adopted pursuant to subsection 6 to which a drug is transferred pursuant to NRS 433.801, 449.2485 or 639.2675 may reissue the drug to fill other prescriptions in the same pharmacy free of charge if the registered pharmacist of the nonprofit pharmacy determines that the drug is suitable for that purpose in accordance with the requirements adopted by the Board pursuant to subsection 6 and if:
(a) The drug is not a controlled substance;
(b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle that is sealed by the manufacturer of the drug;
(c) The drug is unopened and sealed in the original manufacturer’s packaging or bottle;
(d) The usefulness of the drug has not expired;
(e) The packaging or bottle contains the expiration date of the usefulness of the drug; and
(f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the reissuance of the drug.
2. A person, pharmacy or facility who exercises reasonable care in the transfer, acceptance, distribution or dispensation of a drug in accordance with the provisions of this section and NRS 433.801, 449.2485 and 639.2675 and the regulations adopted pursuant thereto is not subject to any civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the transfer, acceptance, distribution or dispensation of the drug.
3. A manufacturer of a drug is not subject to civil or criminal liability for any claim or injury arising from the transfer, acceptance, distribution or dispensation of the drug pursuant to this section and NRS 433.801, 449.2485 and 639.2675 and the regulations adopted pursuant thereto.
4. No drug that is transferred to a nonprofit pharmacy pursuant to this section may be used to fill other prescriptions more than one time.
5. A nonprofit pharmacy shall adopt written procedures for accepting and reissuing drugs pursuant to this section. The procedures must:
(a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted before being reissued.
(b) Require the maintenance and retention of records relating to the acceptance and use of the drugs and any other records as are required by the Board.
(c) Be approved by the Board.
6. The Board shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation:
(a) Requirements for reissuing drugs pursuant to this section.
(b) Requirements for accepting drugs transferred to a nonprofit pharmacy pursuant to the provisions of this section and NRS 433.801, 449.2485 and 639.2675.
(c) Requirements for maintaining records relating to the acceptance and use of drugs to fill other prescriptions pursuant to this section.
(d) The criteria and procedure for obtaining a designation as a nonprofit pharmacy for the purposes of this section, including, without limitation, provisions for a pharmacy, registered pharmacist or practitioner who is registered with the Board to be designated as a nonprofit pharmacy.
(Added to NRS by 2009, 1088)