Current through February 27, 2024
1. Each
applicant for a license to engage in the wholesale distribution of prescription
drugs must submit an application to the Board. The application must be made on
a form furnished by the Board. The application must include:
(a) The name, business address and telephone
number of the applicant and the address of the facility, if different from the
address of the applicant;
(b) All
trade or business names used by the applicant;
(c) The address, telephone number and name of
the person who manages the facility;
(d) The type of ownership or operation of the
facility;
(e) Except as otherwise
provided in subsection 6:
(1) A complete set
of fingerprints from each person required to submit fingerprints pursuant to
subsection 1 of
NRS
639.500;
(2) A complete set of fingerprints from any
person contained on the list provided by the applicant pursuant to subsection 2
of
NRS
639.500, if the person qualifies as a person
who exercises significant influence over the operations of the applicant;
and
(3) Written permission from
each person who is required to submit fingerprints pursuant to subparagraphs
(1) or (2), authorizing the Board to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation for its report; and
(f) If the applicant is a:
(1) Natural person, the name of the
person.
(2) Partnership, the name
of the partnership and the name of each partner.
(3) Corporation :
(I) The name and title of each officer and
director of the corporation documented with the registration entity in the
state of domicile;
(II) The
corporate name and the state of incorporation ; and
(III) The name of the parent company, if
any.
(4) Sole
proprietorship, the name of the sole proprietor and the name of the business
entity.
2. If
a wholesaler distributes prescription drugs from more than one facility, the
wholesaler must obtain a license for each facility.
3. The Board will not consider the sale or
distribution of a prescription drug to be a wholesale transaction if the sale,
distribution or other transaction involving the prescription drug is a sale,
distribution or other transaction in which:
(a) A wholesaler licensed by the Board or the
relevant authority of another state sells, distributes or otherwise provides a
prescription drug to a wholesaler or pharmacy licensed by the Board;
(b) Both the transferring wholesaler and the
transferee are wholly owned by a common owner; and
(c) The common owner is a publicly traded
corporation.
For the purposes of this subsection, a wholesaler whose
transaction does not comply with the provisions of paragraphs (a), (b) and (c)
may apply to the Board to consider the transaction of the wholesaler not to be
a wholesale transaction if the wholesaler provides proof that is satisfactory
to the Board that the proposed transaction will not endanger the public and is
not proposed for the purpose of evading the provisions of this chapter and
chapter 639 of NRS. The Board will consider such a transaction to be a
wholesale transaction until the Board approves the application of the
wholesaler.
4. An
applicant shall submit to the Board any change in the information required by
this section within 30 days after the change occurs. The applicant shall submit
a new application to the Board if the change is a change in
ownership.
5. A license issued by
the Board is not transferable.
6.
Unless the Board otherwise requires, a wholesaler is not required to submit
fingerprints pursuant to subparagraph (2) of paragraph (e) of subsection 1 or
section 3 of this regulation if:
(a) The
wholesaler's securities are publicly traded and regulated by the Securities
Exchange Act of 1934, as amended,
15
U.S.C. §§
78a et seq.;
(b) The wholesaler is owned by a corporation
whose securities are publicly traded and regulated by the Act;
(c) The wholesaler is accredited by the
National Association of Boards of Pharmacy under the Drug Distributor
Accreditation program, formerly the Verified-Accredited Wholesale Distributors
program;
(d) The wholesaler is a
manufacturer of prescription drugs; or
(e) The wholesaler is a facility that
distributes prescription drugs manufactured by a single manufacturer.
Added to NAC by Bd. of
Pharmacy, eff. 7-16-92; A by R013-01, 11-1-2001; R049-04, 2-28-2005; R218-05,
5-4-2006; R051-07, 12-4-2007; A by
R040-20A,
eff. 8/26/2020
NRS
639.070
