Nevada 2019 Regular Session Status: Enacted

AB 310 — Revises provisions regarding the manner in which prescriptions are given to pharmacies. (BDR 54-885)

Last action — Chapter 355.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 18, 2019. Enacted.

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Advancing 50% · moderate confidence

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Odds of enactment

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Summary

AN ACT relating to prescriptions; requiring a prescription to be given to a pharmacy by electronic transmission in certain circumstances; providing certain exemptions; authorizing professional discipline and administrative penalties against a practitioner who violates that requirement; authorizing a written prescription to be given indirectly; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

798 added · 776 removed

798 line(s) added, 776 removed.

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(Reprinted with amendments adopted on May 20, 2019) SECOND REPRINT A.B.
Assembly Bill No.
310 ASSEMBLY BILLN O .
310–Assemblyman Frierson CHAPTER..........
310–ASSEMBLYMAN FRIERSON M ARCH 18, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions regarding the manner in which prescriptions are given to pharmacies.
(BDR 54-885) FISCAL NOTE:
EffecProvides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
substance to be given to a pharmacy by electronic transmission, except inolled circumstances prescribed by the State Board of Pharmacy by regulation and in certain other cases including:
(NRS 639.2353) Section 7 of this bill requires a prescription for a controlled substance to be given to a pharmacy by electronic transmission, except in circumstances prescribed by the State Board of Pharmacy by regulation and in situations where an electronic prescription is not practical or feasible or is certain prohibited by federal law;
(1) prescriptions issued by a veterinarian;
(2) certain situations where an electronic prescription is not practical or feasible or is prohibited by federal law;
practitioner who fails to comply with the requirements of section 7.
Sections 1-7 of this bill authorize professional discipline to be taken against a practitioner who fails to comply with the requirements of section 7.
Section 7t a additionally authorizes the imposition of administrative penalties against such a practitioner, and sections 7 and 9.5 of this bill provide that such a practitioner is subject only to those administrative penalties or professional discipline and is not subject to criminal penalties.
Section 7 additionally authorizes the imposition of administrative penalties against such a practitioner, and sections 7 and 9.5 of this bill provide that such a practitioner is subject only to those administrative penalties or professional discipline and is not Section 8 also generally authorizes a written prescription to be given indirectly.
Sections 8-11 of this bill make conforming changes.
when an electronic prescription is not required.
when an electronic prescription is not required.escription to be given indirectly - *AB310_R2* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(d) Failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061, if the licensee is the custodian of health care records with respect to those records.
80th Session (2019) – 2 – (d) Failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061, if the licensee is the custodian of health care records with respect to those records.
- *AB310_R2* – 3 – 5.
5.
or (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS;
or 80th Session (2019) – 3 – (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS;
Conviction of violating any of the provisions of NRS inclusive;616D.220, 616D.240 or 616D.300 to 616D.440, 10.
Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
Failure to comply with the provisions of NRS 453.163, and section 7 of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.
10.
Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507 and 639.2391 to 639.23916, inclusive, and section 7 of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.
- *AB310_R2* – 4 – Sec.
Sec.
(c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
80th Session (2019) – 4 – (c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
(f) Is a person with mental incompetence.
violation of chapter 630 of NRS, in which case the record ofe in conviction is conclusive evidence thereof.
(1) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.
The voluntary surrender of a license or certificate issued - *AB310_R2* – 5 – pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.
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 of this chapter.
(l) Has knowingly procured or administered 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:
80th Session (2019) – 5 – (l) Has knowingly procured or administered 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:
or (4) Is an investigational drug or biological product prescribed to (m) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing another state which would constitute a violation of this chapter.
or (4) Is an investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.
in (n) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.
(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) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.
(r) Is an advanced practice registered nurse who has failed to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.2391 to 639.23916, inclusive, and section 7 of this - *AB310_R2* – 6 – act and any regulations adopted by the State Board of Pharmacy pursuant thereto.
(r) Is an advanced practice registered nurse who has failed to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.2391 to 639.23916, inclusive, and section 7 of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.
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 conviction of an offense.
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 80th Session (2019) – 6 – conviction of an offense.
or practice as a physician assistant;actice of osteopathic medicine (3) A violation of any of the provisions of NRS 616D.200, 616D.2(4) Murder, voluntary manslaughter or mayhem;ve;
(2) A felony relating to the practice of osteopathic medicine or practice as a physician assistant;
(3) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
(4) Murder, voluntary manslaughter or mayhem;
- *AB310_R2* – 7 – (h) Failure to comply with the provisions of NRS 633.694.
(h) Failure to comply with the provisions of NRS 633.694.
This paragraph applies to an owner or other principal responsible for the operation of the facility.
80th Session (2019) – 7 – This paragraph applies to an owner or other principal responsible for the operation of the facility.
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(3) Is marijuana being used for medical purposes in accord(4) Is an investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.
(3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS;
or deception, to obtain or retain a patient or to discourage the use of a second opinion.
or (4) Is an investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.
(m) Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.
(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 State or any other state or by the Federal Government, a branch of - *AB310_R2* – 8 – the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
(q) Failure by a licensee or applicant to report in writing, within days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this 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.
(s) Failure to comply with the provisions of NRS 629.515.
80th Session (2019) – 8 – (s) Failure to comply with the provisions of NRS 629.515.
The Board, after notice and a hearing as required one or more of the following disciplinary actions:n 2, may take (a) Deny an application for a license or refuse to renew a lic(b) Suspend or revoke a license.
The Board, after notice and a hearing as required by law, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:
(a) Deny an application for a license or refuse to renew a license.
(b) Suspend or revoke a license.
- *AB310_R2* – 9 – (f) Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
80th Session (2019) – 9 – (f) Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
(p) 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(1) Was procured through a retail pharmacy licensedrug:
(p) 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:
pursuant to chapter 639 of NRS;
(1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
licensed pursuant to chapter 639 of NRS and which has beens recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(s) Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507 and 639.2391 to 639.23916, inclusive, and section 7 of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.
(s) Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507 and 639.2391 to 639.23916, inclusive, 80th Session (2019) – 10 – and section 7 of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.
- *AB310_R2* – 10 – (t) Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.
(t) Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.
Commission of fraud by or on behalf of the licensee in obtaining a license or a renewal thereof, or in practicing optometry the5.undHabitual drunkenness or addiction to any controlled substance.
Commission of fraud by or on behalf of the licensee in obtaining a license or a renewal thereof, or in practicing optometry thereunder.
5.
Habitual drunkenness or addiction to any controlled substance.
6.
Gross incompetency.
(a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
80th Session (2019) – 11 – (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
(b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been - *AB310_R2* – 11 – recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
Operation of a medical facility,as defined in NRS 449.0151, at any time during which:
Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
Chapter 639 of NRS is hereby amended by adding the1.to Except as otherwise provided in this subsection and except as otherwise provided by regulations adopted by the Board, a pharmacy by electronic transmission in accordance with the regulations adopted by the Board.
Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:
1.
Except as otherwise provided in this subsection and except as otherwise provided by regulations adopted by the Board, a prescription for a controlled substance must be given to a pharmacy by electronic transmission in accordance with the regulations adopted by the Board.
(d) That includes, without limitation, information that is not supported by the program for electronically transmitting prescriptions prescribed by the National Council for Prescription Drug Programs or its successor organization or, if that entity ceases to exist, a program designated by the Board;
80th Session (2019) – 12 – (d) That includes, without limitation, information that is not supported by the program for electronically transmitting prescriptions prescribed by the National Council for Prescription Drug Programs or its successor organization or, if that entity ceases to exist, a program designated by the Board;
- *AB310_R2* – 12 – (f) That is not issued for a specific patient;
(f) That is not issued for a specific patient;
(c) By an order transmitted orally by an agent of the pra(d) By transmission using a facsimile machine.
(c) By an order transmitted orally by an agent of the practitioner;
or (d) By transmission using a facsimile machine.
This section must not be construed to require a pharmacist to:(a) Verify that a prescription that is given by means other than electronic transmission meets the requirements of subsection 1;
This section must not be construed to require a pharmacist to:
(a) Verify that a prescription that is given by means other than electronic transmission meets the requirements of subsection 1;
5.
80th Session (2019) – 13 – 5.
Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be - *AB310_R2* – 13 – issued.
Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued.
or (d) [Except as otherwise provided in subsection 5, by] By electronic transmission or transmission by a facsimile machine, machine to another facsimile machine, a computer equipped with ale facsimile modem to a facsimile machine or a computer to another com2.terA written prescription must contain:
or (d) [Except as otherwise provided in subsection 5, by] By electronic transmission or transmission by a facsimile machine, including, without limitation, transmissions made from a facsimile machine to another facsimile machine, a computer equipped with a facsimile modem to a facsimile machine or a computer to another computer, pursuant to the regulations of the Board.
Board.
2.
(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;
A written prescription must contain:
(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 80th Session (2019) – 14 – address of the practitioner if that address is not immediately available to the pharmacist;
- *AB310_R2* – 14 – (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;
(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;
not required to contain the signature of the practitioner if:sion is (a) It contains a facsimile signature, security code or other mark tha(b) A voice recognition system, biometric identification technique or other security system approved by the Board is used to identify the practitioner;
6.] 5.
or (c) It complies with the provisions of NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.
A prescription that is given by electronic transmission is not required to contain the signature of the practitioner if:
(a) It contains a facsimile signature, security code or other mark that uniquely identifies the practitioner;
(b) A voice recognition system, biometric identification technique or other security system approved by the Board is used to identify the practitioner;
or 80th Session (2019) – 15 – (c) It complies with the provisions of NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.
- *AB310_R2* – 15 – (3) Has the same active ingredient or ingredients of the same strength, quantity and form of dosage as the drug prescribed by brand name;
(3) Has the same active ingredient or ingredients of the same strength, quantity and form of dosage as the drug prescribed by brand name;
pharmacist intends to dispense a drug or biological product ine substitution;
(a) Advise the person who presents the prescription that the pharmacist intends to dispense a drug or biological product in substitution;
and drug or biological product that the pharmacist intends to dispense in substitution, unless the pharmacist is being paid for the drug by a governmental agency.
and (b) Advise the person that he or she may refuse to accept the drug or biological product that the pharmacist intends to dispense in substitution, unless the pharmacist is being paid for the drug by a governmental agency.
4.
80th Session (2019) – 16 – 4.
(b) By handwriting the words “Dispense as Written” on the form used for the prescription, including, without limitation, any form - *AB310_R2* – 16 – used for transmitting the prescription from a facsimile machine to another facsimile machine.
(b) By handwriting the words “Dispense as Written” on the form used for the prescription, including, without limitation, any form used for transmitting the prescription from a facsimile machine to another facsimile machine.
(b) A prescription drug that is dispensed to any person by mail order or other common carrier by an Internet pharmacy which is provide service by mail order or other common carrier pursuant too the provisions of this chapter;
(b) A prescription drug that is dispensed to any person by mail order or other common carrier by an Internet pharmacy which is certified by the Board pursuant to NRS 639.23288 and authorized to provide service by mail order or other common carrier pursuant to the provisions of this chapter;
or any person by a pharmacist if the substitution:t that is dispensed to (1) Would violate the terms of a health care plan that maintains a mandatory, exclusive or closed formulary for its coverage for prescription drugs and biological products;
or (c) A prescription drug or biological product that is dispensed to any person by a pharmacist if the substitution:
80th Session (2019) – 17 – (1) Would violate the terms of a health care plan that maintains a mandatory, exclusive or closed formulary for its coverage for prescription drugs and biological products;
- *AB310_R2* – 17 – (a) In an emergency, as defined by regulation of the Board, upon oral prescription of a practitioner, reduced to writing promptly and in any case within 72 hours, signed by the practitioner and filed by the pharmacy.
(a) In an emergency, as defined by regulation of the Board, upon oral prescription of a practitioner, reduced to writing promptly and in any case within 72 hours, signed by the practitioner and filed by the pharmacy.
A prescription for[3.suExcept when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance included in schedule III must not be dispensed without a written or oral prescription of a practitioner.
A prescription for a substance included in schedule II must not be refilled.
[3.
Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance included in schedule III or IV which is a dangerous drug as determined under NRS 454.201, 80th Session (2019) – 18 – must not be dispensed without a written or oral prescription of a practitioner.
- *AB310_R2* – 18 – [7.] 5.
[7.] 5.
pharmacy.
(b) Transmitting a prescription for a controlled substance to a pharmacy.
The requirements may vary depending upon the scheduleo a of the controlled substance.
The requirements may vary depending upon the schedule of the controlled substance.
given for a patient in a medical facility and the requirements fore keeping records of such orders.
80th Session (2019) – 19 – (c) The form and contents of an order for a controlled substance given for a patient in a medical facility and the requirements for keeping records of such orders.
- *AB310_R2* – 19 – Sec.
Sec.
H - *AB310_R2*
~~~~~ 19 80th Session (2019)
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Amendments

2 amendments

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Action History

  1. Chapter 355.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Senate Amendment No. 737 concurred in. To enrollment.

  5. In Assembly.

  6. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  7. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 737.) To printer.

  9. In Senate. Read first time. Referred to Committee on Commerce and Labor. To committee.

  10. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 560.) To printer.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"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.

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Subjects

healthcare health-insurance
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Frequently asked questions

What does AB 310 do?
AN ACT relating to prescriptions; requiring a prescription to be given to a pharmacy by electronic transmission in certain circumstances; providing certain exemptions; authorizing professional discipline and administrative penalties against a practitioner who violates that requirement; authorizing a written prescription to be given indirectly; and providing other matters properly relating thereto.
Who sponsors AB 310?
AB 310 is sponsored by Jason Frierson.
What is the current status of AB 310?
This bill has been enacted into law. Introduced March 18, 2019. Enacted.
Where can I track AB 310?
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