639.268 - Purchase of controlled substances, poisons, dangerous drugs and devices by practitioner; sale of controlled substances or dangerous drugs to persons or agencies which provide emergency care;

639.268  Purchase of controlled substances, poisons, dangerous drugs and devices by practitioner; sale of controlled substances or dangerous drugs to persons or agencies which provide emergency care; records; regulations.

      1.  A practitioner may purchase supplies of controlled substances, poisons, dangerous drugs and devices from a pharmacy by:

      (a) Making an oral order to the pharmacy or transmitting an oral order through his or her agent, except an order for a controlled substance in schedule II; or

      (b) If the order is for a controlled substance, presenting to the pharmacy a written order signed by the practitioner which contains his or her registration number issued by the Drug Enforcement Administration.

      2.  A hospital pharmacy or a pharmacy designated for this purpose by a county health officer in a county whose population is 100,000 or more, or by a district health officer in any county within its jurisdiction or, in the absence of either, by the State Health Officer or his or her designated medical director of emergency medical services, may sell to a person or agency described in subsection 3 supplies of controlled substances to stock the ambulances or other authorized vehicles of such a person or agency or replenish the stock if:

      (a) The person or agency is registered with the Drug Enforcement Administration pursuant to 21 C.F.R. Part 1301;

      (b) The person in charge of the controlled substances is:

             (1) An advanced emergency medical technician appropriately certified by the health authority;

             (2) A registered nurse licensed by the State Board of Nursing; or

             (3) A person who holds equivalent certification or licensure issued by another state; and

      (c) Except as otherwise provided in this paragraph, the purchase order is countersigned by a physician or initiated by an oral order and may be made by the person or agency or transmitted by an agent of such a person or agency. An order for a controlled substance listed in schedule II must be made pursuant to NRS 453.251.

      3.  A pharmacy, institutional pharmacy or other person licensed by the Board to furnish controlled substances and dangerous drugs may sell to:

      (a) The holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210;

      (b) The holder of a permit issued by another state which is substantially similar to a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210; and

      (c) An agency of the Federal Government that provides emergency care or transportation and is registered with the Drug Enforcement Administration pursuant to 21 C.F.R. Part 1301.

      4.  A pharmacy, institutional pharmacy or other person licensed by the Board to furnish dangerous drugs who sells supplies pursuant to this section shall maintain a record of each sale which must contain:

      (a) The date of sale;

      (b) The name, address and signature of the purchaser or the person receiving the delivery;

      (c) The name of the dispensing pharmacist;

      (d) The name and address of the authorizing practitioner; and

      (e) The name, strength and quantity of each drug sold.

      5.  A pharmacy, institutional pharmacy or other person licensed by the Board to furnish dangerous drugs who supplies the initial stock for an ambulance or other emergency vehicle shall comply with any applicable regulations adopted by the State Board of Health, or a district board of health, pursuant to NRS 450B.120.

      6.  The Board shall adopt regulations regarding the records a pharmacist shall keep of any purchase made pursuant to this section.

      (Added to NRS by 1995, 287; A 2005, 2478)