1. The following acts or practices by a
holder of any license, certificate or registration issued by the Board or any
employee of any business holding any such license, certificate or registration
are declared to be, specifically but not by way of limitation, unprofessional
conduct and conduct contrary to the public interest:
(a) Manufacturing, compounding, selling,
dispensing or permitting to be manufactured, compounded, sold or dispensed
substandard drugs or preparations.
(b) Except as otherwise provided in
NRS
639.2583 to
639.2808,
inclusive, for substitutions of generic drugs, dispensing or causing to be
dispensed a different drug or brand of drug in place of the drug or brand of
drug ordered or prescribed, unless the express permission of the orderer or
prescriber is obtained and, in the case of a written prescription, unless the
following information is recorded on the prescription by the person obtaining
permission:
(1) The date on which the
permission was granted;
(2) The
name of the practitioner granting the permission;
(3) The name of the person obtaining the
permission;
(4) The name of the
drug dispensed; and
(5) The name of
the manufacturer or distributor of the drug.
(c) Using secret formulas.
(d) Except as otherwise provided by
subsection 2 of
NRS
639.2396, failing strictly to follow the
instructions of the person writing, making or ordering a prescription or chart
order as to its filling or refilling, the content of the label of the
prescription or giving a copy of the prescription or chart order to any person
except as permitted by law.
(e)
Failing to confer with the person writing, making or ordering a prescription or
chart order if there is an error or omission in it which should be
questioned.
(f) Operating a
pharmacy at a location other than the location at which the pharmacy is
licensed to operate.
(g) Supplying
or diverting drugs, biologicals, medicines, substances or devices which are
legally sold in pharmacies or by wholesalers, so that unqualified persons can
circumvent any law pertaining to the legal sale of such articles.
(h) Performing or in any way being a party to
any fraudulent or deceitful practice or transaction.
(i) Performing any of his or her duties as
the holder of a license, certificate or registration issued by the Board, or as
the owner of a business or an entity licensed by the Board, in an incompetent,
unskillful or negligent manner.
(j)
Aiding or abetting a person not licensed to practice pharmacy in the State of
Nevada.
(k) Performing any act,
task or operation for which licensure, certification or registration is
required without the required license, certificate or registration.
(l) Violating any term or condition of a
subpoena or order issued by the Board or the staff of the Board.
(m) Failing to provide any document, data or
information that is required to be made and maintained pursuant to chapters
453, 454, 585 and 639 of NRS and chapters 453, 454, 585 and 639 of NAC to a
member of the Board or a member of the staff of the Board upon his or her
request.
(n) Except as otherwise
provided in subsection 2:
(1) Dispensing a
drug as a dispensing practitioner to a patient or animal or owner of an animal
with whom the dispensing practitioner does not have a bona fide therapeutic
relationship; or
(2) Prescribing a
drug as a prescribing practitioner to a patient with whom the prescribing
practitioner does not have a bona fide therapeutic relationship.
(o) Failure by a pharmacist to
comply with the provisions of chapter 441A of NRS and chapter 441A of NAC
concerning the reporting of cases of communicable diseases, drug overdoses and
attempted suicides.
2. It
is not unprofessional conduct or conduct contrary to the public interest for a
practitioner to prescribe or dispense a drug under the circumstances described
in paragraph (n) of subsection 1 if the drug is prescribed or dispensed in
accordance with either publication adopted by reference in section 1 of LCB
File No. R008-20.
3. The owner of
any business or facility licensed, certified or registered by the Board is
responsible for the acts of all personnel in his or her employ.
4. For the purposes of this section, a bona
fide therapeutic relationship between the patient and practitioner shall be
deemed to exist if the patient was examined in person, electronically,
telephonically or by fiber optics within or outside of this State or the United
States by the practitioner within the 6 months immediately preceding the date
the practitioner dispenses or prescribes a drug to the patient and, as a result
of the examination, the practitioner diagnosed a condition for which a given
drug therapy is prescribed.
Bd. of
Pharmacy, § 639.165, eff. 6-26-80-NAC A 6-16-86; R012-99, 11-3-99;
R014-01, 11-1-2001; R156-04, 10-22-2004; R219-05, 5-4-2006; R212-09, 8-13-2010;
A by
R098-13,
eff. 3/28/2014; A by
R004-19A,
eff. 12/17/2019; A
by
R008-20A,
eff. 11/2/2020; A by
R039-21A,
eff. 4/11/2022
