Current through December 12, 2024
1. Except as otherwise provided in this
section, one or more dispensing practitioners practicing at a reproductive
healthcare center may use an automated drug dispensing system and maintain a
shared inventory in the automated drug dispensing system to dispense a
prescription drug to a patient if the reproductive healthcare center obtains a
license from the Board for the automated drug dispensing system pursuant to
subsection 2.
2. The Board will
provide an application for a license for an automated drug dispensing system to
a reproductive healthcare center upon request. The Board will issue a license
for an automated drug dispensing system if the Board determines that the system
dispenses prescription drugs accurately and otherwise meets the requirements of
this section and the fee prescribed by NAC
639.220 is paid. A license must
be:
(a) Issued for each automated drug
dispensing system at a reproductive healthcare center; and
(b) Posted on the system so that the license
is visible to the public.
3. The automated drug dispensing system must
conform to all the following provisions:
(a)
Except as otherwise provided in subsection 8, the system must contain only
dangerous drugs, excluding compound drug products, for treatment in
reproductive health care:
(1) Approved for
use in the system by a dispensing practitioner; and
(2) For which the prescription has been
processed, verified and completed in the same manner as a prescription for
drugs that are delivered manually by a dispensing practitioner pursuant to NAC
639.742 and
639.745, except that the
requirements of paragraph (e) of subsection 3 of NAC
639.742 do not
apply.
(b) The system
must:
(1) Control and track access to the
system for stocking, cleaning, maintenance or any other purpose to ensure that
access to the system can be obtained only by a dispensing practitioner
practicing at the reproductive healthcare center.
(2) Be secure from unauthorized access to and
removal of prescription drugs.
(3)
Be owned or leased by the reproductive healthcare center that obtained the
license for the system and operated under the supervision and control of that
reproductive healthcare center.
(4)
Monitor the temperature of the system or be able to have a device installed to
monitor the temperature of the system. Such monitoring must include, without
limitation, an alarm that records when the temperature of the system reaches a
level outside the range compatible with the proper storage of a prescription
drug and a method to notify the reproductive healthcare center of the
temperature change.
(5) Create and
maintain a complete, accurate and readily retrievable record of all
transactions. The record must include, without limitation:
(I) The name, strength, quantity and form of
dosage of each prescription drug stocked, inventoried, removed or dispensed
from the system;
(II) Each day and
time the system is accessed;
(III)
An inventory of the prescription drugs stored in the system; and
(IV) The identity of each person who accesses
the system.
(6) Authorize
access only to patients who have previously indicated to the dispensing
practitioner who prescribed the drug their desire to have their prescription
drugs dispensed by the system.
(7)
Provide a method to identify the patient and dispense a prescription drug only
to the patient or to an authorized agent of the patient.
(8) Dispense one, any combination or all of
the prescription drugs available to a patient at the option of the patient at
the time that the patient removes the prescription drugs from the
system.
(9) Record the date and time
that the patient removes the prescription drugs from the system.
(10) Inform a patient:
(I) If the patient is using the system at the
time that the reproductive healthcare center is open, that the patient may
discuss questions and concerns regarding the prescription drug with the
dispensing practitioner in person, if available, or through user-based access
technology described in subparagraph (13).
(II) If the patient is using the system at
the time that the reproductive healthcare center is closed, that the patient
may discuss questions and concerns regarding the prescription drug through the
user-based access technology described in subparagraph (13).
(III) That the patient may choose not to
purchase the prescription drug from the system at any time before the system
dispenses the prescription drug.
(11) Dispense all prescription drugs in
containers labeled in conformance with
NRS
639.2801.
(12) Be installed in such a place and manner
that a person is unable to remove the system from its location or obtain access
to the system without authorization. The system must be monitored by real-time
audio-visual technology or audio-visual recording technology.
(13) Be equipped with user-based access
technology that includes, without limitation, an audio-visual function that
allows the patient to communicate, in real time, with a dispensing practitioner
who has access to any patient record necessary for counseling the patient in
compliance with NAC
639.707 and
639.708.
4. A reproductive healthcare center that
dispenses prescription drugs by an automated drug dispensing system pursuant to
this section shall maintain a written policy that sets forth:
(a) The duties of all persons who are
authorized to access the system; and
(b) The procedures for:
(1) Maintaining the security of the
prescription drugs stored in the system during the maintenance and repair of
the system;
(2) The preparation of
an inventory of the prescription drugs stored in the system; and
(3) Stocking the system with prescription
drugs.
5. A
dispensing practitioner practicing at a reproductive healthcare center that
dispenses prescription drugs through an automated drug dispensing system
pursuant to this section shall comply with all applicable federal and state
recordkeeping requirements and shall maintain those records in a readily
retrievable manner separate from other medical records.
6. Prescription drugs stored in an automated
drug dispensing system pursuant to this section shall be deemed part of the
inventory and the responsibility of each dispensing practitioner that uses the
automated drug dispensing system at the reproductive healthcare center that
holds the license for the system. Prescription drugs dispensed from the system
shall be deemed to have been dispensed by that dispensing practitioner or those
dispensing practitioners, as applicable.
7. The Board may prohibit a reproductive
healthcare center from using an automated drug dispensing system to furnish a
prescription drug to a patient if the Board determines that the system, or one
or more dispensing practitioners' use of the system, does not comply with this
section.
8. The provisions of this
section do not prohibit the use of an automated drug dispensing system to
furnish a drug or device that is approved by the Food and Drug Administration
for sale over the counter without a prescription if the reproductive healthcare
center using the system is otherwise authorized to use the system pursuant to
this section.
9. As used in this
section, "reproductive healthcare center" means a health care facility that is:
(a) Owned and operated by a nonprofit
corporation or a public health center, as defined in subsection 8 of
NRS
449.260; and
(b) Principally engaged in providing family
planning services and reproductive health care, including, without limitation,
the testing, diagnosis and treatment of, or providing of medication to prevent
sexually transmitted infections or other infections of the urogenital
system.
Added
to NAC by Bd. of Pharmacy by
R180-22A,
eff. 12/29/2022
NRS
639.070
