Makes various changes relating to drug overdoses and prescribing and using drugs. (BDR 40-1102)
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AB 474 — Makes various changes relating to drug overdoses and prescribing and using drugs. (BDR 40-1102)
Last action — Approved by the Governor. Chapter 605.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 27, 2017. Enacted.
Prognosis
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Enacted
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Bill Text
What changed in the latest version
2167 added · 2267 removed2167 line(s) added, 2267 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on April 24, 2017) FIRST REPRINT A.B.
474474–Committee ASSEMBLYon BHealth ILLNand O.Human Services CHAPTER..........
474–C OMMITTEE ON H EALTH AND H UMAN SERVICES (ON BEHALF OF THE O FFICE OF THEG OVERNOR ) M ARCH 27, 2017 ____________ Referred to Committee on Health and Human Services SUMMARY—Makes various changes relating to drug overdoses and prescribing and using drugs.
(BDR 40-1102) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law requires certain providers of health care to report to the local (NRShealth 441A.150)authority Eachif healtha authorityperson has or is requiredsuspected toof makehaving a weeklycommunicable reportdisease. to these.
(NRS 441A.150) Each health authority is required to make a weekly report to the Chief Medical Officer of all cases or suspected cases of communicable diseases reported to the health authority.
(NRS 441A.170) Sections 1, 3, 5 and 6 of this bill require similar reports to be made directly to the Chief Medical Officer concerning -provider *AB474_R1*of –health 2care –to caseswillfully fail, neglect or suspectedrefuse casesto ofmake drugsuch overdose.a report.
Section 6 makes it a misdemeanor for a provider of health care to willfully fail, neglect or refuse to make such a report.
(NRS 453.162) Section 7 of this bill requires that program to include certain information relating to each prescription of such a controlled substance.subsExisting law requires any practitioner or person who dispenses a controlled substance or proposes to engage in such dispensing to obtain a registration from the State Board of Pharmacy.
(NRS 453.226) Existing law requires anyeach practitionerregistered or person whoto dispensesupload certain information to the database of the computerized program after dispensing a controlled Statesubstance Boardlisted ofin Pharmacy.schedule II, III or IV.
(NRS 453.226)453.163) ExistingSections law8 requiresand each9 registeredfromof thethis personbill toclarify uploadthat certainthe informationrequirement to theupload databasesuch ofdispensed thefor computerizedhuman programconsumption. after dispensing a controlled substance listed in schedule II, III or IV.
(NRSSection 453.163)9 Sectionsalso 8authorizes andcertain 9occupationalthat ofis thislicensing billboards clarifyto thataccess the requirementdatabase to uploadinvestigate suchthe informationfraudulent, appliesillegal, tounauthorized aor controlledotherwise substanceinappropriate listedprescribing, indispensing schedule II, III or IVuse thatof isa dispensedcontrolled forsubstance. human consumption.
Section 911 alsoof authorizesthis certainbill occupationalrequires licensinga boardsperson to present proof that he or she has access to the database toof investigate the fraudulent,program illegal,before unauthorizedthe orBoard otherwisemay inappropriateissue prescribing,or dispensingrenew ora useregistration ofto prescribe a controlled substance.
Section- 1179th ofSession this(2017) bill– requires2 a– person to present proof that renew a registration to prescribe a controlled substance.e the Board may issue or Sections 13 and 62 of this bill revise provisions governing the accessibility of health care records in certain investigations.
Sections 15, 22, 28, 33, 40 and 45 of this bill require certain occupational licensing boards that receive a complaint or information that indicates the fraudulent, illegal, unauthorized or inappropriate prescribing or use of a controlled substance listed in schedule II, III or IV to take certain measures to review and evaluate the information and impose disciplinary action upon a licensee if it determines that a violation has occurred.
Sections 20, 26, 38 and 49 of this bill Sectionsclarify 16,that 23, 29, 34, 41 and 46 of this bill establish procedures by which such occupationalmeasures licensingmust boardsbe maytaken summarilybefore suspend a licensee’sformal authorityinvestigation tocommences. prescribe, administer or dispense a controlled substance listed in schedule II, III or IV.
Sections 16, 23, 29, 34, 41 and 46 of this bill establish procedures by which such occupational licensing boards may summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV.
(1) increase the required that requirement training relating specifically to the2 prescribinghours; of opioids oro satisfy addiction.
Sectionand 52(2) ofadd this bill requires a practitioner, other than a veterinarian, who intends to prescribethe orlist dispense more than certain quantities of aauthorized controlledtopics substancefor listedtraining into schedulesatisfy II,that IIIrequirement ortraining IVrelating forspecifically the treatment of pain to document in the medicalprescribing record of theopioids patient the reasons for prescribing or dispensingaddiction. that quantity.
Section 5352 of this bill requires a practitioner, other than a veterinarian, towho haveintends establishedto aprescribe bonaor fidedispense relationshipmore withthan a patient and to take certain actions,quantities and obtaining the informed written consent of the patient, before initiating alan prescription for a controlled substance listed in schedule II, III or IV for the treatment of pain forto document in the patient.Section 53 of this bill requires a practitioner, other than a veterinarian, to havety.
established a bona fide relationship with a patient and to take certain actions, including performing an evaluation and risk assessment, creating a treatment plan and obtaining the informed written consent of the patient, before initiating a prescription for a controlled substance listed in schedule II, III or IV for the treatment of pain for the patient.
- *AB474_R1* – 3 – Section 55 of this bill requires a practitioner, other than a veterinarian, to take certain actions before issuing a prescription for a controlled substance listed in schedule II, III or IV to continue the treatment of pain of a patient who has used the controlled substance for 90 consecutive days or longer.
Section 56 of this bill requires a practitioner, other than a veterinarian, who intends to prescribe a controlled substance listed in schedule II, III or IV for more than 30 days for the treatment of pain to enter into a prescription medication agreement with the patient.
Section 57 of this bill requires a practitioner, other than a veterinarian, to consider certainIV.tain factors before prescribing a controlled substance listed in schedule II, III or IV.Section 58 of this bill authorizes the State Board of Pharmacy to adopt any regulations necessary to enforce the provisions of this bill concerning the prescription of a controlled substance listed in schedule II, III or IV for the treatment of pain.
Section 58 ofalso thisprovides billthat authorizesa theperson Statewho Boardviolates ofthose Pharmacyprovisions toor adopt any regulations necessaryis tonot enforceguilty the provisions of thisa billmisdemeanor concerningbut theis treatmentsubject ofto pain.professional discipline.
SectionSections 5815, also22, provides28, 33, 40 and 45 require an occupational licensing board that alicenses personpractitioners who violatesprescribe thosethecontrolled provisionssubstances listed in schedule II, III or IV to adopt regulations isestablishing notdisciplinary guiltyaction for prescribing such a controlled substance inappropriately or in violation of the provisions of this bill concerning the prescribing of such a misdemeanorcontrolled butsubstance isfor subject- to79th professionalSession discipline.(2017) – 3 – the treatment of pain.
Sections 15,18, 22,25, 28,31, 33,36, 4043 and 4548 requireof anthis occupationalbill licensingauthorize boardthe thatimpExisting licenseslaw practitionersrequires whoa prescribepractitioner controlledto substancesobtain listeda inpatient scheduleutilization II,report IIIfrom orthe IVcomputerized toprogram adoptestablished regulationsby establishingthe disciplinaryBoard actionand forthe prescribingInvestigation suchDivision before initiating a prescription for a controlled substance inappropriatelylisted or in violationschedule ofII, theIII theor treatmentIV. of pain.
Sections 18, 25, 31, 36, 43 and 48 of this bill authorize ther imposition of disciplinary action in such circumstances.
Existing law requires a practitioner to obtain a patient utilization report from the computerized program established by the Board and the Investigation Division before initiating a prescription for a controlled substance listed in schedule II, III or IV.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(d) For each communicable disease, the procedures for testing, treating, isolating and quarantining a person or group of persons - *AB474_R1* – 4 – who have been exposed to or have or are suspected of having the disease.
- 79th Session (2017) – 4 – (a) In a district in which there is a district health officer, the district health officer or the district health officer’s designee;
2.
Show all 301 changed lines (261 more)
(Deleted by amendment.) Sec.
A laboratory director shall, in the manner prescribed by the Board, notify the health authority of the identification by his or her medical laboratory of the presence of any communicable disease in the jurisdiction of that health authority.
The health authority shall - *AB474_R1* – 5 – not presume a diagnosis of a communicable disease on the basis of the notification received from the laboratory director.
441A.220 All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease [,] or drug overdose, or by any person who has a communicable disease [,] or has suffered a drug - 79th Session (2017) – 5 – overdose, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpoena, search warrant or discovery proceeding, except:
1.
As otherwise provided in NRS 439.538.
The information must be disclosed in the manner prescribedpre11.ibeIf the disclosure is authorized or required by theNRS Board.239.0115 or another specific statute.
11.Sec.
If the disclosure is authorized or required by NRS 239.0115 or another specific statute.
- *AB474_R1* – 6 – Sec.
The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled - 79th Session (2017) – 6 – by a pharmacy that is registered with the Board or that is dispensed bymust:practitioner a practitioner who is registered with the Board.
The program must:(a) Be designed to provide information regarding:
(a) Be designed to provide information regarding:
(c) Not infringe on the legal use of a controlled substance for the managementman(d) Include the contact information of severeeach orperson intractablewho pain.is required to access the database of the program pursuant to NRS 453.164, including, without limitation:
(d) Include the contact information of each person who is required to access the database of the program pursuant to NRS 453.164, including, without limitation:
(1) The fewest number of days necessary to consume the quantity of the controlled substance dispensed to the patient if the - *AB474_R1* – 7 – patient consumes the maximum dose of the controlled substance authorized by the prescribing practitioner;
andand(3) (3) The code established in the International Classification of Diseases, Tenth Revision, Clinical Modification, adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services, or the code used in any successor classification system adopted by the National Center for Health - 79th Session (2017) – 7 – Statistics and the Centers for Medicare and Medicaid Services, that corresponds to the diagnosis for which the controlled substance was prescribed.
(1) A means by which a practitioner may designate in the database of the program that he or she suspects that a patient is seeking a prescription for a controlled substance for an improper or illegal purpose.
Except as otherwise provided in this subsection, each person registered pursuant to this chapter to dispense a controlled substance listed in schedule II, III or IV for human consumption shall, not later than the end of the next business day after dispensing a controlled substance, upload to the database of the program established pursuant to NRS 453.162 the information described in paragraph (d) of subsection 1 of NRS 453.162.
The requirements of this subsection do not apply if the controlled substance is administered directly by a practitioner to a patient - *AB474_R1* – 8 – in a health care facility, as defined in NRS 439.960, a child who is a resident in a child care facility, as defined in NRS 432A.024, or a prisoner, as defined in NRS 208.085.
The Board and the Division may cooperatively enter into a written agreement with an agency of any other state to provide, receive or exchange information obtained by the program with a program established in that state which is substantially similar to the - 79th Session (2017) – 8 – program established pursuant to NRS 453.162, including, without limitation, providing such state access to the database of the program or transmitting information to and receiving information from such state.
Any information provided, received or exchanged as part of an agreement made pursuant to this section may only be used in accordance with the provisions of this chapter.chapter.ay only be 3.
3.
The Board and the Division must have access to the program established pursuant to NRS 453.162 to identify any suspected fraudulent , [or] illegal , unauthorized or otherwise inappropriate activity related to the prescribing, dispensing or use of controlled substances.
(a) [Be] Indicate fraudulent , [or] illegal , unauthorized or otherwise inappropriate activity related to the prescribing, - *AB474_R1* – 9 – dispensing or use of a controlled substance to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.
(b) Indicate the inappropriate use by a patient of a controlled substance to the occupational licensing board of each practitioner - 79th Session (2017) – 9 – who has prescribed the controlled substance to the patient.
The occupational licensing board may use this information for any purpose it deems necessary, including, without limitation, alerting a practitioner that a patient may be fraudulently obtaining a controlled substance or determining whether a practitioner is engaged in unlawful or unprofessional conduct.
The Board shall provide Internet access to the databasethe tocourse eachof suchinstruction.titioner practitioner or other person who completes the[6.] course7. of instruction.
[6.] 7.
(a) Review the information concerning the practitioner that is listed in the database , including, without limitation, information - *AB474_R1* – 10 – concerning prescriptions issued by the practitioner, and notify the Board if any such information is not correct;
Information obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise - 79th Session (2017) – 10 – provided by this section and NRS 239.0115, 453.162 and 453.163, must not be disclosed to any person.
(a) Upon the request of a person about whom the information requested concerns or upon the request on behalf of that person by his or her attorney;
ororpon the request on behalf of that person by (b) Upon the lawful order of a court of competent jurisdiction.
2.database pursuant to subsection 1, the employer of the officer must certify to the Board that the law enforcement officer has been approved to be given such access and meets the requirements of subsection 1.
Before a law enforcement officer may be given access to the database pursuant to subsection 1, the employer of the officer must certify to the Board that the law enforcement officer has been approved to be given such access and meets the requirements of subsection 1.
- *AB474_R1* – 11 – 4.
- 79th Session (2017) – 11 – 5.
The employer of a law enforcement officer who is provided access to the database of the computerized program pursuant to this section shall monitor the use of the database by the law enforcement officer and establish appropriate disciplinary action to take against an 6.ficThe Board or the Division may suspend or terminate access to the database of the computerized program pursuant to this section if a law enforcement officer whoor his or her employer violates theany provisionsprovision of this section.
6.
The Board or the Division may suspend or terminate access to the database of the computerized program pursuant to this section if a law enforcement officer or his or her employer violates any provision of this section.
The following persons are not required to register and may lawfullyprovisions possessof andNRS distribute453.011 controlledto substances453.552, inclusive:ances pursuant to the provisions(a) An agent or employee of NRSa 453.011registered todispenser 453.552,of inclusive:a controlled substance if he or she is acting in the usual course of his or her business or employment;
(a) An agent or employee of a registered dispenser of a controlled substance if he or she is acting in the usual course of his or her business or employment;
or - *AB474_R1* – 12 – (d) A physician who:
- 79th Session (2017) – 12 – (1) Holds a locum tenens license issued by the Board of Medical Examiners or a temporary license issued by the State Board of Osteopathic Medicine;
and (2) Is registered with the Drug Enforcement Administration at a4.locThe locationBoard outsidemay thiswaive State.the requirement for registration of certain dispensers if it finds it consistent with the public health and safety.
4.
The Board may waive the requirement for registration of certain dispensers if it finds it consistent with the public health and safety.
(f) An investigator for the Attorney General investigating an alleged violation of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive, or any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of benefits for industrial insurance;
- *AB474_R1*79th Session (2017) – 13 – (b) Outside this State, the provider shall make any records requested pursuant to this section available in this State for inspection within 20 working days after the request.
If the records described in subsection 1 are requested pursuant to paragraph (e), (f) or (g) of subsection 1 and the investigator, grand jury or authorized representative, as applicable, declares that exigent circumstances exist which require the immediate production of the records, the provider shall make any records which are located:
§§ 301 et seq., or under any federal or state financial needs-based benefit program, without charge, to a patient, or a representative with written authorization from the patient, who requests it, if the request is accompanied by documentation of the claim or appeal.
A copyingcopyingt is fee, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes, may be charged by the provider of health care for furnishing a second copy of the records to support the same claim or appeal.
- 79th Session (2017) – 14 – 6.
- *AB474_R1* – 14 – (a) The patient or a representative with written authorization fromfro(b) The personal representative of the estate of a deceased patient;
(b) The personal representative of the estate of a deceased patient;
8.
Subsection 7 does not prohibit:
- 79th Session (2017) – 15 – 10.
-person:“Living *AB474_R1* – 15 – (b) “Living trust” means an inter vivos trust created by a natural person:(1) Which was revocable by the person during the lifetime of the person;
(1) Which was revocable by the person during the lifetime of the person;
(b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph(c) (a);A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.
or (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.
A review and evaluation conducted pursuant to subsection 1 must include, without limitation:
- 79th Session (2017) – 16 – (b) A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the requirements of NRS 639.23507 and sections 52, 53 and 57 of this act, as applicable;
- *AB474_R1* – 16 – 4.
If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee.
If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, - 79th Session (2017) – 17 – administered, dispensed or used a controlled substance, the Board may summarily suspend the licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pending a determination upon the conclusion of a hearingorder toof considersummary asuspension formalmay complaintbe againstissued only by the licensee.Board, the President of the Board, the presiding officer of the investigative committee of the Board that conducted the investigation or the member of the Board who conducted the investigation.
An order of summary suspension may be issued only by the Board, the President of the Board, the presiding officer of the investigative - *AB474_R1* – 17 – committee of the Board that conducted the investigation or the member of the Board who conducted the investigation.
630.2535 The Board [may,] shall, by regulation, require each physician or physician assistant who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least [1 hour] 2 hours of training relating specifically to the misuse and abuse of controlled substances , the prescribing of opioids or addiction during each period of licensure.
Making or filing a report which the licensee knows to be false, failing to file a record or report as required by law or - 79th Session (2017) – 18 – knowingly or willfully obstructing or inducing another to obstruct such filing.
5.
Failure to comply with the requirements of NRS 630.3068.
Failure to report any person the licensee knows, or hashas. reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.
-reason *AB474_R1*to –know, 18is –in 7.violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.
7.
2.of chapter 453A of NRS.
Engaging in any activity in accordance with the provisions ofSec. chapter 453A of NRS.
Sec.
If, after conducting an investigation, the committee determines that there is a reasonable basis for the complaint and that - 79th Session (2017) – 19 – a violation of any provision of this chapter has occurred, the committee may file a formal complaint with the Board.
Within 20 days after the conclusion of each meeting of the committee, the Board shall publish a summary setting forth the proceedings andande Board determinations of the committee.
- *AB474_R1* – 19 – Sec.
2.designeef treceivestivinformationof described orinis subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.
If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.
A review and evaluation conducted pursuant to subsection 1 must include, without limitation:
- 79th Session (2017) – 20 – 4.
If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board mustmus5.imWhen imposedeemed appropriateappropriate, disciplinarythe action.Executive Director of the Board may:
- *AB474_R1* – 20 – 5.
When deemed appropriate, the Executive Director of the Board may:
An order of summary suspension may be issued only by the Board, the - 79th Session (2017) – 21 – President of the Board, the presiding officer of an investigative committee convened by the Board to conduct the investigation or the member, employee, investigator or other agent of the Board who conducted the investigation.
2.prescribe, administer or dispense a controlled substance listed in schedule II, III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member, employee, investigator or other agent of the Board, that person shall not participate in any further proceedings of the Board relating to the order.
If an order to summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member, employee, investigator or other agent of the Board, that person shall not participate in any further proceedings of the Board relating to the order.
If the Board, the presiding officer of an investigative committee of the Board or a member, employee, investigator or - *AB474_R1* – 21 – other agent of the Board issues an order summarily suspending a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pursuant to subsection 1, the Board must hold a hearing to consider the formal complaint against the licensee.
Any such holder of a license may use such training to satisfy [1 hour] 2 hours of any continuing education requirement established by the Board.Board.of any Sec.
Sec.
- 79th Session (2017) – 22 – 5.
Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration,Administration,t unless the unapproved controlled substance or dangerous drug:
- *AB474_R1* – 22 – 7.
Failure to comply with the provisions of NRS 453.163 , [or] 453.164 [;] , 453.226 and 639.23507 and sections 52 to 58, inclusive, of this act and any regulations adopted by the State BoardBoa11.of ofFraudulent,rsuanillegal,o. Pharmacy pursuant thereto.
11.unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV;
Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV;
- 79th Session (2017) – 23 – Sec.
[The] Except as otherwise provided in section 22 of this act, the Board may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for initiating disciplinary action, investigate the actions of any person who practices dentistry ororaction, dental hygiene in this State.
The Board shall, before initiating disciplinary action, at least 10 days before the date set for the hearing, notify the accused person in writing of any charges made.
If the Board receives a report pursuant - *AB474_R1* – 23 – to subsection 5 of NRS 228.420, a hearing must be held within 30 days after receiving the report.
5.upon a showing that the warrant is needed for an investigation or hearing being conducted by the Board and that reasonable cause exists to issue the warrant.
The Board may obtain a search warrant from a magistrate upon a showing that the warrant is needed for an investigation or hearing being conducted by the Board and that reasonable cause exists to issue the warrant.
The Executive Director of the Board or his or her designee shall review and evaluate any complaint or - 79th Session (2017) – 24 – information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensinglic(a) boardA licensee has issued a fraudulent, illegal, unauthorized or anyotherwise otherinappropriate sourceprescription indicatingfor that:a controlled substance listed in schedule II, III or IV;
(a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;
- *AB474_R1* – 24 – 3.
A review and evaluation conducted pursuant to subsection 1 must include, without limitation:
and (c) A request for additional relevant information from the licensee who is the subject of the review and evaluation.
the 4.
- 79th Session (2017) – 25 – (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.
(b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlledcon6.ollThesubBoarde. substance.
6.shall adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.
The Board shall adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.
If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any - *AB474_R1* – 25 – patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, administered, dispensed or used a controlled substance, the Board may summarily suspend the licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee.
If the Board, the presiding officer of an investigative committee of the Board or a member of the Board issues an order summarily suspending a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, - 79th Session (2017) – 26 – III or IV pursuant to subsection 1, the Board must hold a hearing to consider the formal complaint against the licensee.
The Board must hold the hearing and render a decision concerning the formal complaint within 60 days after the date on which the order islonger issued,period.ess unless the Board and the licensee mutually agree to a longerSec. period.
Sec.
or - *AB474_R1* – 26 – (2) Related to the qualifications, functions or duties of a licensee or holder of a certificate, ¬ in which case the record of conviction is conclusive evidence thereof.
(c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,616D.440,ons of inclusive.
- 79th Session (2017) – 27 – (1) Conviction of practicing medicine without a license in violationconviction ofis chapterconclusive 630evidence thereof.case the record of NRS,(2) Impersonating any applicant or acting as proxy for an applicant in whichany caseexamination required pursuant to this chapter for the recordissuance of convictiona islicense conclusiveor evidencecertificate. thereof.
(2) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.
The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation ofofr this chapter.
- *AB474_R1* – 27 – (k) Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommendedsubsection by4 theof StateNRS Board639.2328;d of Pharmacy pursuant to subsection(3) 4Is ofmarijuana NRSbeing 639.2328;used for medical purposes in accordance with chapter 453A of NRS;
(3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS;
- 79th Session (2017) – 28 – (m) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or medication aide - certified, or has committed an act in another state which would constitute a violation of this chapter.
(n)endanger Hasa engagedpatient inor conductthe likelygeneral topublic.eceive, deceive, defraud or endanger(o) Has willfully failed to comply with a patientregulation, subpoena or theorder generalof public.the Board.
(o) Has willfully failed to comply with a regulation, subpoena or order of the Board.
For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a - *AB474_R1* – 28 – conviction of an offense.
The Board may take disciplinary action pendingpen3.ng theA appeallicensee ofor certificate holder is not subject to disciplinary action solely for administering auto-injectable epinephrine pursuant to a conviction.valid order issued pursuant to NRS 630.374 or 633.707.
3.
A licensee or certificate holder is not subject to disciplinary action solely for administering auto-injectable epinephrine pursuant to a valid order issued pursuant to NRS 630.374 or 633.707.
- 79th Session (2017) – 29 – (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;
(b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a);
orors issued prescriptions in the manner described (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.
A review and evaluation conducted pursuant to subsection 1 must include, without limitation:
If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a - *AB474_R1* – 29 – controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee.
- 79th Session (2017) – 30 – (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized orcontrolled otherwisesubstance.riate inappropriate prescribing, dispensing or use of a controlled6. substance.
6.
2.prescribe, administer or dispense a controlled substance listed in schedule II, III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member of the Board, that person shall not participate in any further proceedings of the Board relating to the order.
If an order to summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV is issued pursuant to subsection 1 by the - *AB474_R1* – 30 – presiding officer of an investigative committee of the Board or a member of the Board, that person shall not participate in any further proceedings of the Board relating to the order.
The Board must hold the hearing and render a decision concerning the formal complaint within 180 days after the date on which the - 79th Session (2017) – 31 – order is issued, unless the Board and the licensee mutually agree to a longer period.
633.473 The Board [may,] shall, by regulation, require each osteopathic physician or physician assistant who is registered to dispense controlled substances pursuant to NRS 453.231 totoistered complete at least [1 hour] 2 hours of training relating specifically to the misuse and abuse of controlled substances , the prescribing of opioids or addiction during each period of licensure.
(7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;
- *AB474_R1* – 31 – (c) The suspension of a license to practice osteopathic medicine or to practice as a physician assistant by any other jurisdiction.
- 79th Session (2017) – 32 – (i) Operation of a medical facility, as defined in NRS 449.0151, at any time(1) duringThe which:license of the facility is suspended or revoked;
(1) The license of the facility is suspended or revoked;
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommendedsubsection by4 theof StateNRS Board639.2328;d of Pharmacy pursuant to subsection(3) 4Is ofmarijuana NRSbeing 639.2328;used for medical purposes in accordance with chapter 453A of NRS;
(3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS;
- *AB474_R1* – 32 – (p) Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date thetheter or licensee knows or has reason to know of the violation.
(q) Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this - 79th Session (2017) – 33 – State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
(r) Engaging in any act that is unsafe in accordance with regulationsreg(s) adoptedFailure byto comply with the Board.provisions of NRS 629.515.
(s) Failure to comply with the provisions of NRS 629.515.
(b) Procaine hydrochloride with preservatives and stabilizers (Gerovital(Ge(c) H3).A controlled substance which is listed in schedule II, III, IV or V by the State Board of Pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with the provisions of NRS 639.23507, sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto and the accepted standards for the practice of osteopathic medicine.
(c)2. A controlled substance which is listed in schedule II, III, IV or V by the State Board of Pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with the provisions of NRS 639.23507, sections 52 to 58, inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto and the accepted standards for the practice of osteopathic medicine.
- *AB474_R1* – 33 – 2.
[When] Except as otherwise provided in section 33 of this act, when a complaint is filed with the Board, the Board shall designate a member of the Board to review the complaint.
- 79th Session (2017) – 34 – 2.
In performing the investigation, the member of the Board may request the assistance of the Attorney General or contract with a private investigator designated by the Executive Director of thetheh Board who is licensed pursuant to chapter 648 of NRS or any other person designated by the Executive Director of the Board.
(b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph(c) (a);A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.
or (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.
A review and evaluation conducted pursuant to subsection 1 must include, without limitation:
- *AB474_R1* – 34 – (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162;
(b) A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the - 79th Session (2017) – 35 – requirements of NRS 639.23507 and sections 52, 53 and 57 of this act, as applicable;
If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.
If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, - *AB474_R1* – 35 – administered, dispensed or used a controlled substance, the Board may summarily suspend the licensee’s authority to prescribe, - 79th Session (2017) – 36 – administer or dispense a controlled substance listed in schedule II, III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee.
An order of summary suspension may be issued only by the Board, the President of the Board, the presiding officer of an investigative committee convened by the Board to conduct the investigation ororve the member of the Board who conducted the investigation.
635.116 The Board [may,] shall, by regulation, require each holder of a license to practice podiatry who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least [1 hour] 2 hours of training relating specifically to the misuse and abuse of controlled substances , the prescribing of opioids or addiction during each period of licensure.
- *AB474_R1*79th Session (2017) – 3637 – (a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure pursuant to the provisions of this chapter.
(b) Lending the use of the holder’s name to an unlicensed person.per(c) If the holder is a podiatric physician, permitting an unlicensed person in his or her employ to practice as a podiatry hygienist.
(c) If the holder is a podiatric physician, permitting an unlicensed person in his or her employ to practice as a podiatry hygienist.
(m) Failure to comply with the requirements of subsection 1 of NRSNRS(n) 635.118.Willful or repeated violations of this chapter or regulations adopted by the Board.
(n) Willful or repeated violations of this chapter or regulations adopted by the Board.
or - 79th Session (2017) – 38 – (3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.
- *AB474_R1* – 37 – (q) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(1)(2) TheAn licenseact or omission occurs which results in the suspension or revocation of the facilitylicense ispursuant suspendedto orNRS revoked;449.160.
or (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
(a) A licensee has issued a fraudulent, illegal, unauthorized or otherwiselisted inappropriatein prescriptionschedule II, III or IV;ion for a controlled substance listed(b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in schedulethe II,manner IIIdescribed orin IV;paragraph (a);
(b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a);
- 79th Session (2017) – 39 – 3.
A review and evaluation conducted pursuant to subsection 1 must include, without limitation:
- *AB474_R1* – 38 – (b) A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the requirements of NRS 639.23507 and sections 52, 53 and 57 of this act, as applicable;
4.subsection 1, the Executive Director or his or her designee to determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee.
If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee.
- 79th Session (2017) – 40 – Sec.
If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, administered, dispensed or used a controlled substance, the Board may summarily suspend the licensee’s authority to prescribe,prescribe,Board - *AB474_R1* – 39 – administer or dispense a controlled substance listed in schedule II, III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee.
The Board must hold the hearing and render a decision concerning the formal complaint within 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longerlonSec. period.
Sec.47.od.NRS 636.2881 is hereby amended to read as follows:
47.
NRS 636.2881 is hereby amended to read as follows:
636.295 The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, - 79th Session (2017) – 41 – omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:
2.practice of optometry or a gross misdemeanor involving moralhe turpitude of which the licensee has been convicted and from which he or she has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.
Commission by the licensee of a felony relating to the practice of optometry or a gross misdemeanor involving moral turpitude of which the licensee has been convicted and from which he or she has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been - *AB474_R1* – 40 – reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.
11.substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
- 79th Session (2017) – 42 – 13.
or (b) An act or omission occurs which results in the suspension or revocation¬ ofThis thesubsection licenseapplies pursuant to NRSan 449.160.owner or other principal responsible for the operation of the facility.
¬ This subsection applies to an owner or other principal responsible for the operation of the facility.
Failure to comply with the provisions of NRS 453.163 , [or] 453.164 [.] , 453.226 and 639.23507 and sections 52 to 58, - *AB474_R1* – 41 – inclusive, of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.
After reviewing the complaint, the Board shall dismiss the complaintcharge oris filefiled, athe formalExecutive Director shall prepare the charge againstin accordance with the Board’s regulations and send a copy to the licensee.
If a formal charge is filed, the Executive Director shall prepare the charge in accordance with the Board’s regulations and send a copy to the licensee.
- 79th Session (2017) – 43 – Sec.
“Initial prescription” means a prescription originated for a new patient of a practitioner, other than a veterinarian, or a new prescription to begin a new course of treatment for an existing patient of a practitioner, other than a veterinarian.
If a practitioner, other than a veterinarian, prescribes or dispenses to a patient for the treatment of pain a quantity of controlled substance that exceeds the amount prescribed by this subsection, the practitioner must document in the medical record of the patient the reasons for prescribing that - *AB474_R1* – 42 – quantity.
(a) An amount of the controlled substance that is intended to be used for more than 14 days;
and substance that is intended to (b) If the controlled substance is an opioid and a prescription for an opioid has never been issued to the patient or the most recent prescription issued to the patient for an opioid was issued more than 19 days before the date of the initial prescription for the treatment of acute pain, a dose of the controlled substance that exceeds 90 morphine milligram equivalents per day.
- 79th Session (2017) – 44 – Sec.
(a) Have established a bona fide relationship, as described in subsectionsub(b) 4Perform an evaluation and risk assessment of NRSthe 639.235,patient withthat meets the patient;requirements of subsection 1 of section 54 of this act;
(b) Perform an evaluation and risk assessment of the patient that meets the requirements of subsection 1 of section 54 of this act;
- *AB474_R1* – 43 – (2) The parent or guardian of a patient who is less than 18 years of age and not legally emancipated;
If a practitioner, other than a veterinarian, prescribes a controlled substance listed in schedule II, III or IV for the treatment of pain, the practitioner shall not issue more than one additional prescription that increases the dose of the controlled substance unless the practitioner meets with the patient, in person or using telehealth, to reevaluate the treatment plan establishedestablishedon pursuant to paragraph (c) of subsection 1.
- 79th Session (2017) – 45 – (d) Assessing the mental health and risk of abuse, dependency and addiction of the patient using methods supported by peer- reviewed scientific research and validated by a nationally recognized organization.
2.paragraph (e) of subsection 1 of section 53 of this act must include, without limitation, information concerning:
The informed written consent obtained pursuant to paragraph (e) of subsection 1 of section 53 of this act must include, without limitation, information concerning:
(d) The important provisions of the treatment plan established for the patient pursuant to paragraph (c) of subsection 1 of section 53 of this act in a clear and simple manner;
(g) The manner in which the practitioner will address requests for refills of the prescription, including, without limitation, an - *AB474_R1* – 44 – explanation of the provisions of section 55 of this act, if applicable;
(h) If the patient is a woman between 15 and 45 years of age, the risk to a fetus of chronic exposure to controlled substances during pregnancy, including, without limitation, the risks of fetal dependencysyndrome;y on the controlled substance and neonatal abstinence syndrome;(i) If the controlled substance is an opioid, the availability of an opioid antagonist, as defined in NRS 453C.040, without a prescription;
(i) If the controlled substance is an opioid, the availability of an opioid antagonist, as defined in NRS 453C.040, without a prescription;
- 79th Session (2017) – 46 – (a) Require the patient to complete an assessment of the patient’s risk for abuse, dependency and addiction that has been validated through peer-reviewed scientific research;
(b) Conduct an investigation, including, without limitation, appropriate hematological and radiological studies, to determine an evidence-based diagnosis for the cause of the pain;
determine (c) Meet with the patient, in person or using telehealth, to review the treatment plan established pursuant to paragraph (c) of subsection 1 of section 53 of this act to determine whether continuation of treatment using the controlled substance is medically appropriate;
- *AB474_R1* – 45 – Sec.
If a practitioner, other than a veterinarian, intends to prescribe a controlled substance listed in schedule II, III or IV for more than 30 days for the treatment of pain, the II, practitioner must, not later than 30 days after issuing the initial prescription, enter into a prescription medication agreement with the patient, which must be:
- 79th Session (2017) – 47 – (c) A requirement that the patient take the controlled substance only as prescribed;
(e) A(1) requirementOf thatany theother patientcontrolled informsubstances prescribed to or taken by the practitioner:patient;
(1) Of any other controlled substances prescribed to or taken by the patient;
-effect *AB474_R1*on –the 46symptoms –of 2.the patient.ce has had the expected 3.
Whether the controlled substance has had the expected effect on the symptoms of the patient.
3.
Information from the database of the program established pursuant to NRS 453.162 that is irregular or inconsistent or - 79th Session (2017) – 48 – indicates that the patient is inappropriately using a controlled substance.
8.than those authorized under the treatment plan establishedes, other pursuant to paragraph (c) of subsection 1 of section 53 of this act, are not present in the body of the patient.
The necessity of verifying that controlled substances, other than those authorized under the treatment plan established pursuant to paragraph (c) of subsection 1 of section 53 of this act, are not present in the body of the patient.
Any other evidence that the patient is chronically using opioids, misusing, abusing, illegally using or addicted to any drug or failing to comply with the instructions of the practitioner con16.ninAny other factor that the practitioner determines is necessary to make an informed professional judgment concerning the usemedical appropriateness of the controlledprescription. substance.
- *AB474_R1* – 47 – 16.
Any other factor that the practitioner determines is necessary to make an informed professional judgment concerning the medical appropriateness of the prescription.
- 79th Session (2017) – 49 – Sec.
639.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 639.0015 to 639.016, inclusive, and section 51 of this act have the meanings ascribed to themtheSec. in those sections.
Sec.60.se NRS 639.23507 is hereby amended to read as follows:
60.
NRS 639.23507 is hereby amended to read as follows:
If the practitioner determines from the patient utilization report or from any other source that the patient has been issued such a prescription, the practitioner shall not prescribe the controlled substance.sub2.ancIf a practitioner who attempts to obtain a patient utilization report as required by subsection 1 fails to do so because the computerized program is unresponsive or otherwise unavailable, the practitioner:
2.
If a practitioner who attempts to obtain a patient utilization report as required by subsection 1 fails to do so because the - *AB474_R1* – 48 – computerized program is unresponsive or otherwise unavailable, the practitioner:
The regulations must include, without limitation, provisions that allow a hospital to designate members of hospital staff to act as delegates for the purposes of accessing the database of the computerized - 79th Session (2017) – 50 – program and obtaining patient utilization reports from the computerized program on behalf of such a physician.
(b) May be subject to professional discipline if the appropriate professional licensing board determines that the practitioner’spractitioner’siate violation was intentional.
(a) Except as otherwise provided in this section, the name and signature of the practitioner, the registration number issued to the practitioner by the Drug Enforcement Administration and the address of the practitioner if that address is not immediately available to the pharmacist;
- *AB474_R1* – 49 – (b) The classification of his or her license;
- 79th Session (2017) – 51 – (f) Directions for use [;] , including, without limitation, the dose of the drug prescribed, the route of administration and the number of refills authorized, if applicable;
(g) The code established in the International Classification of Diseases, Tenth Revision, Clinical Modification, adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services, or the code used in any successor classification system adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services, that corresponds to the diagnosis for which the controlled substance was prescribed;
(a)that Ituniquely containsidentifies athe facsimilepractitioner;security signature, security code or other mark that(b) uniquelyA identifiesvoice recognition system, biometric identification technique or other security system approved by the Board is used to identify the practitioner;
(b) A voice recognition system, biometric identification technique or other security system approved by the Board is used to identify the practitioner;
- *AB474_R1* – 50 – Sec.
- 79th Session (2017) – 52 – (a) Request, and a practitioner or pharmacist who receives such a request shall provide, a photocopy of any record required to be retained by state or federal law or regulation, including any prescription contained in the files of a practitioner [,] or pharmacy, if the record in question will be used as evidence in a criminal action, civil action or an administrative proceeding, or contemplated action or proceeding.
(b) Remove an original record required to be retained by state or federal law or regulation, including any prescription contained in the files of a practitioner or pharmacy, if the record in question will be used as evidence in a criminal action, a civil action or an administrative proceeding, or contemplated action or proceedingproceedingr an and it is necessary to use the original record, rather than a photocopy of the record, for that purpose.
-Sec. *AB474_R1* – 51 – for the purpose of adopting regulations and performing any otheral administrative tasks that are necessary to carry out the provisions of this act and on January 1, 2018, for all other purposes.
H64. - *AB474_R1*
This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act and on January 1, 2018, for all other purposes.
17 ~~~~~ - 79th Session (2017)
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Action History
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Approved by the Governor. Chapter 605.
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Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.
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Read second time.
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Placed on Second Reading File.
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From committee: Do pass.
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Read first time. Referred to Committee on Health and Human Services. To committee.
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In Senate.
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Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.
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From committee: Do pass, as amended.
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From printer. To engrossment. Engrossed. First reprint . To committee.
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Read second time. Amended. (Amend. No. 277.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.
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Placed on Second Reading File.
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From committee: Amend, and do pass as amended.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Health and Human Services. To printer.
Sponsors
- Health and Human Services · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Health and Human Services
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
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- AB 474 is sponsored by Health and Human Services.
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- This bill has been enacted into law. Introduced March 27, 2017. Enacted.
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