AB 198 — Revises provisions governing health care. (BDR 54-446)

REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 5, 10, 16 & NRS 453.221, 453.226, 639.170) (Reprinted with amendments adopted on MayApril 25,24, 2023) SECONDFIRST REPRINT A.B.

(NRS 453.375, 454.213) Sections 3, 5, 10 and 16 of this bill additionally authorize a certified registered nurse anesthetist,anesthetist underto theorder, supervisionprescribe, ofpossess a physician licensed to and administer controlled substances, poisons, dangerous drugs and devices to treatss a personlicensed underphysician, the care of a licensed physiciandentist inor a criticallicensed accesspodiatric hospitalphysician before,before,of during and after surgery or childbirth.

Sections 6-9 and 11-15 of this bill make additional changes necessary to authorize a certified registered nurse anesthetist to order, prescribe, possess and administer controlled substances, poisons, dangerous - *AB198_R2* – 2 – drugs and devices in such circumstances.

A certified registered nurse anesthetist - *AB198_R1* – 2 – who unlawfully possesses, prescribes or administers a controlled substance, penaltiesdangerous todrug theor samepoison extentwould asbe othersubject practitionersto whodiscipline unlawfullyand possess,vilcriminal and civil prescribe or administer such drugs.

1.

(a)1. Under the supervision of a physician licensed pursuant to chapter 630 or 633 of NRS, order, prescribe, possess and administer controlled substances, poisons, dangerous drugs and devices to treat a patient under the care of a licensed physician in a critical access hospital in preparation for surgery or childbirth, during surgery or childbirth and while a patient recovers from surgery or childbirth.

(b)Order, Possessprescribe, possess and administer controlled substances, poisons, dangerous drugs and devices into othertreat circumstancesa patient under whichthe care of a registeredlicensed nursephysician, isa authorizedlicensed todentist possessor anda administerlicensed controlledpodiatric substances,physician poisons,in dangerouspreparation drugsfor surgery or childbirth, during surgery or childbirth and devices.while a patient recovers from surgery or childbirth.

APossess certifiedand registeredadminister nursecontrolled anesthetistsubstances, shallpoisons, notdangerous orderdrugs orand prescribedevices ain controlledother substance,circumstances poison,under dangerouswhich druga orregistered devicenurse exceptis as authorized byto paragraphpossess (a)and ofadminister subsectioncontrolled 1.substances, poisons, dangerous drugs and devices.

- *AB198_R2* – 3 – 3.

As used in this section, “critical access hospital” means a hospital which has been certified as a critical access hospital by the Secretary of Health and Human Services pursuant to 42 U.S.C.

1395i-4(e).

- *AB198_R1* – 3 – 1.

A certified registered nurse anesthetist who orders, prescribes, possesses or administers controlled substances, - *AB198_R2* – 4 – poisons, dangerous drugs or devices in accordance with section 3 of this act.

- *AB198_R1* – 4 – Sec.

- *AB198_R2* – 5 – 1.

- *AB198_R1* – 5 – 3.

- *AB198_R2* – 6 – 2.

Every practitioner or other person who dispenses any controlled substance within this State or who proposes to engage in the dispensing of any controlled substance within this - *AB198_R1* – 6 – State shall obtain biennially a registration issued by the Board in accordance with its regulations.

- *AB198_R2* – 7 – 6.

Except as otherwise provided in subsection 6, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or - *AB198_R1* – 7 – pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse , certified registered nurse anesthetist or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive [.] and section 6 of this act.

(d) If the controlled substance is listed in schedule I or II and the quantity possessed is 28 grams or more, but less than 42 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is 200 grams or more, is guilty of mid-level possession of a controlled substance and shall be punished for a - *AB198_R2* – 8 – category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and by a fine of not more than $50,000.

(e) If the controlled substance is listed in schedule I or II and the quantity possessed is 42 grams or more, but less than 100 grams, is guilty of high-level possession of a controlled substance and shall be - *AB198_R1* – 8 – punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not more than $50,000.

The court shall cause a - *AB198_R2* – 9 – copy of the order to be sent to each agency or officer named in the order.

- *AB198_R1* – 9 – (a) “Controlled substance” includes flunitrazepam, gamma- hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II - *AB198_R2* – 10 – shall not provide samples of such a controlled substance to registrants.

- *AB198_R1* – 10 – 7.

- *AB198_R2* – 11 – Sec.

(a)- Upon*AB198_R1* passage– and11 approval– forregulations theand purposeperforming ofany adoptingother anypreparatory administrativey tasks that are necessary to carry out the provisions of this act;

H - *AB198_R2**AB198_R1*