Nevada 2023 Regular Session Status: Passed Senate Bipartisan · 2 R · 1 D cosponsors

SB 352 — Revises provisions relating to prescription drugs. (BDR 57-134)

Last action — (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

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

This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1414 added · 1575 removed

1414 line(s) added, 1575 removed.

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(Reprinted with amendments adopted on April 25, 2023) SECOND REPRINT S.B.
(Reprinted with amendments adopted on April 19, 2023) FIRST REPRINT S.B.
authorizing certain persons and entities to acquire controlled substances and dangerous drugs directly from an outsourcing facility;
(NRS 683A.178) Section 1 of this bill clarifies that a pharmacy benefit manager that same provisions of the Nevada Insurance Code as are applicable to the insurer.he Existing law authorizes the Department of Health and Human Services to enter into a contract with a pharmacy benefit manager or a health maintenance organization to manage, direct and coordinate all payments and rebates for prescription drugs and all other services and payments relating to the provision of prescription drugs under the State Plan for Medicaid and the Children’s Health Insurance Program.
(NRS manages prescription drug benefits for an insurer is required to comply with the same provisions of the Nevada Insurance Code as are applicable to the insurer.
(NRS 422.4053) Section 14 of this bill requires such a contract to require the pharmacy benefit manager or health maintenance organization to under the State Plan for Medicaid and the Children’s Health Insurance Program.drugs - *SB352_R2* – 2 – Existing law requires public and private policies of insurance regulated under drugs.
Existing law authorizes the Department of Health and Human Services to enter into a contract with a pharmacy benefit manager or a health maintenance organization to manage, direct and coordinate all payments and rebates for prescription drugs and all other services and payments relating to the provision of prescription drugs under the State Plan for Medicaid and the Children’s Health to require the pharmacy benefit manager or health maintenance organization totract comply with certain provisions of law regarding the provision of prescription drugs under the State Plan for Medicaid and the Children’s Health Insurance Program.
(NRS 287.010, 287.04335, 422.27172, 689A.0418, 689B.0378, 689C.1676, 695A.1865, 695B.1919, 695C.1696, 695G.1715) Sections 3 and 6-13 of this bill prohibit an insurer from requiring an insured to obtain prior authorization before receiving a contraceptive drug.
Existing law requires public and private policies of insurance regulated under Nevada law to include coverage for up to a 12-month supply of contraceptive drugs.
(NRS 287.010, 287.04335, 422.27172, 689A.0418, 689B.0378, 689C.1676, - *SB352_R1* – 2 – 695A.1865, 695B.1919, 695C.1696, 695G.1715) Sections 3 and 6-13 of this bill prohibit an insurer from requiring an insured to obtain prior authorization before receiving a contraceptive drug.
(1) cover certain contraceptive services when provided by a pharmacist to the same extent as if the services were provided by another provider of health care;
(1) cover certain contraceptive services when provided by a pharmacist;
and (2) reimburse a pharmacist for providing such services at a rate that is not less than the rate provided to a physician, physician assistant or advanced practice registered nurse.
and (2) reimburse a pharmacist for providing such services at a rate that is not less than the rate Sections 6-13 additionally prescribe certain limitations on the imposition of arse.
Sections 6-13 additionally prescribe certain limitations on the imposition of a copayment or coinsurance for a drug for contraception.
copayment or coinsurance for a drug for contraception.
(1) demonstrate the capacity to adequately deliver family covered persons of pharmacists and pharmacies who are available to provide family planning services to covered persons through the network of the insurer.
(1) demonstrate the capacity to adequately deliver family planning services provided by pharmacists to covered persons;
Sections 4 and 5 of this bill make conforming changes to indicate the proper placement of section 2 in the Nevada Revised Statutes.
and (2) notify covered persons of pharmacists and pharmacies who are available to provide family planning services to covered persons through the network of the insurer.
Existing law imposes certain requirements governing the purchase and sale of controlled substances and dangerous drugs.
Sections 4 and 5 of this bill make conforming changes to indicate the proper placement of secExisting law requires a pharmacist to dispense up to a 12-month supply of contraceptives or therapeutic equivalent or any amount which covers the remainder of the plan year, whichever is less, pursuant to a valid prescription or order if:
(NRS 639.268) Existing regulations prescribe certain requirements concerning the operation of outsourcing facilities, which are federally registered facilities that engage in the compounding of drugs.
(NAC 639.691-639.6916) Those requirements include requirements that an outsourcing facility:
(1) be licensed by the State Board of Pharmacy as a manufacturers.
(NAC 639.6915) Section 14.8 of this bill authorizes a person or entity authorized to dispense controlled substances and dangerous drugs to purchase or otherwise acquire controlled substances and dangerous drugs compounded or repackaged by an outsourcing facility directly from the outsourcing facility.
Section 14.2 of this bill makes a conforming change to update an internal reference changed by section 14.8.
Existing law requires a pharmacist to dispense up to a 12-month supply of contraceptives or therapeutic equivalent or any amount which covers the remainder of the plan year, whichever is less, pursuant to a valid prescription or order if:
(2) the patient has previously received a 9-month supply of the same drug or a supply of prescribed or ordered, whichever is less;
(2) the patient has previously received a 9-month supply of the same drug or a supply of the same drug for the balance of the plan year in which the 3-month supply was prescribed or ordered, whichever is less;
(3) the patient is insured by the same health insurance plan;
(3) the patient is insured by the same prescription or order that a different supply of the drug is necessary.
and (4) a provider of health care has not specified in the prescription or order that a different supply of the drug is necessary.
(NRSn the 639.28075) If a patient is not currently using a contraceptive or therapeutic equivalent, section 15 of this bill requires a pharmacist to dispense a full 3-month supply or the amount designated by the prescription or order, whichever is less, pursuant to a valid prescription or order unless the patient is unable or unwilling to pay the applicable charge, copayment or coinsurance.
(NRS 639.28075) If a patient is not currently using a contraceptive or therapeutic equivalent, section 15 of this bill requires a pharmacist to dispense a full 3-month supply or the amount designated by the prescription or order, whichever is less, pursuant to a valid prescription or order unless the patient is unable or unwilling to pay the applicable charge, copayment or coinsurance.
If the patient is currently to dispense a full 9-month supply or a full 12-month supply, as applicable, anycist amount designated by the prescription or order or any amount which covers the remainder of the plan year, whichever is less, pursuant to a valid prescription or order unless the patient is unable or unwilling to pay the applicable charge, copayment or coinsurance.
If the patient is currently using the contraceptive or therapeutic equivalent, section 15 requires a pharmacist to dispense a full 9-month supply or a full 12-month supply, as applicable, any remainder of the plan year, whichever is less, pursuant to a valid prescription or order unless the patient is unable or unwilling to pay the applicable charge, copayment or coinsurance.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- *SB352_R2* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
A pharmacy benefit manager shall notify a third party with which it has entered into a contract in writing of any activity, policy or practice of the pharmacy benefit manager that presents a conflict of interest that interferes with the obligations imposed by subsection 1.
A pharmacy benefit manager shall notify a third party with which it has entered into a contract in writing of any activity, policy or practice of the pharmacy benefit manager that presents a conflict - *SB352_R1* – 3 – of interest that interferes with the obligations imposed by subsection 1.
(b) Shall provide to each covered person in this State a notice that meets the requirements prescribed by the regulations adopted pursuant to subsection 2 of each pharmacist and pharmacy that has entered into a provider network contract with the carrier to provide family planning services to covered persons who par2.ciThe Commissioner shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations prescribing requirements for:
(b) Shall provide to each covered person in this State a notice that meets the requirements prescribed by the regulations adopted pursuant to subsection 2 of each pharmacist and pharmacy that has entered into a provider network contract with the carrier to provide family planning services to covered persons who participate in the relevant network plan.
2.
The Commissioner shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations prescribing requirements for:
- *SB352_R2* – 4 – Sec.
Sec.
(a) File its procedure for obtaining approval of care pursuant to this section for approval by the Commissioner;
- *SB352_R1* – 4 – (a) File its procedure for obtaining approval of care pursuant to this section for approval by the Commissioner;
- *SB352_R2* – 5 – (a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:
(a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:
(e) Education and counseling relating to the initiation of the use of contraception and any necessary follow-up after initiating such use;
- *SB352_R1* – 5 – (e) Education and counseling relating to the initiation of the use of contraception and any necessary follow-up after initiating such use;
An insurer shall provide coverage for any services listed in subsection 1 which are within the authorized scope of practice of a pharmacist when such services are provided by a pharmacist who is employed by or serves as an independent contractor of an in- network pharmacy.
An insured is entitled to reimbursement for services listed in subsection 1 which are within the authorized scope of practice of a pharmacist when such services are provided by a pharmacist who is employed by or serves as an independent contractor of an in-network pharmacy.
Such coverage must be provided to the same extent as if the services were provided by another provider of health care.
- *SB352_R2* – 6 – [4.] 5.
[4.] 5.
or (f) Impose any other restrictions or delays on the access of an insured any such benefit.
or - *SB352_R1* – 6 – (f) Impose any other restrictions or delays on the access of an insured any such benefit.
For each of the 18 methods of contraception listed in subsection [10] 11 that have been approved by the Food and Drug Administration, a policy of health insurance must include at least one drug or device for contraception within each method for which no deductible, copayment or coinsurance may be charged to the - *SB352_R2* – 7 – insured, but the insurer may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.
For each of the 18 methods of contraception listed in subsection [10] 11 that have been approved by the Food and Drug Administration, a policy of health insurance must include at least one drug or device for contraception within each method for which no deductible, copayment or coinsurance may be charged to the insured, but the insurer may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.
(j) Estrogen- and progestin-based patches;
- *SB352_R1* – 7 – (j) Estrogen- and progestin-based patches;
An insurer must provide an accessible, transparent and expedited process which is not unduly burdensome by which an - *SB352_R2* – 8 – insured, or the authorized representative of the insured, may request an exception relating to any medical management technique used by the insurer to obtain any benefit required by this section without a higher deductible, copayment or coinsurance.
An insurer must provide an accessible, transparent and expedited process which is not unduly burdensome by which an insured, or the authorized representative of the insured, may request an exception relating to any medical management technique used by the insurer to obtain any benefit required by this section without a higher deductible, copayment or coinsurance.
[(c)] (d) “Provider of health care” has the meaning ascribed to it in NRS 629.031.
- *SB352_R1* – 8 – [(c)] (d) “Provider of health care” has the meaning ascribed to it in NRS 629.031.
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- *SB352_R2* – 9 – (c) Self-administered hormonal contraceptives dispensed by a pharmacist pursuant to NRS 639.28078;
(c) Self-administered hormonal contraceptives dispensed by a pharmacist pursuant to NRS 639.28078;
An insurer shall provide coverage for any services listed in subsection 1 which are within the authorized scope of practice of a pharmacist when such services are provided by a pharmacist who is employed by or serves as an independent contractor of an in- network pharmacy.
An insured is entitled to reimbursement for services listed in subsection 1 which are within the authorized scope of practice of a pharmacist when such services are provided by a pharmacist who is employed by or serves as an independent contractor of an in-network pharmacy.
Such coverage must be provided to the same extent as if the services were provided by another provider of health care.
(b) Reimbursement for services listed in subsection 1 and provided by such a pharmacist to an amount less than the amount reimbursed for similar services provided by a physician, physician assistant or advanced practice registered nurse.
- *SB352_R1* – 9 – (b) Reimbursement for services listed in subsection 1 and provided by such a pharmacist to an amount less than the amount reimbursed for similar services provided by a physician, physician assistant or advanced practice registered nurse.
- *SB352_R2* – 10 – (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;
(c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;
Such an insurer shall, before the issuance of a policy of group health insurance and before the renewal of such a policy, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection.
Such an insurer shall, before - *SB352_R1* – 10 – the issuance of a policy of group health insurance and before the renewal of such a policy, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection.
- *SB352_R2* – 11 – (a) Once for the entire amount of the drug dispensed for the plan year;
(a) Once for the entire amount of the drug dispensed for the plan year;
and (r) Ulipristal acetate for emergency contraception.
and - *SB352_R1* – 11 – (r) Ulipristal acetate for emergency contraception.
- *SB352_R2* – 12 – (a) “In-network pharmacy” means a pharmacy that has entered into a contract with an insurer to provide services to insureds through a network plan offered or issued by the insurer.
(a) “In-network pharmacy” means a pharmacy that has entered into a contract with an insurer to provide services to insureds through a network plan offered or issued by the insurer.
and (3) Meets any other criteria required by the Food and Drug Administration for classification as a therapeutic equivalent.
and - *SB352_R1* – 12 – (3) Meets any other criteria required by the Food and Drug Administration for classification as a therapeutic equivalent.
- *SB352_R2* – 13 – (e) Education and counseling relating to the initiation of the use of contraception and any necessary follow-up after initiating such use;
(e) Education and counseling relating to the initiation of the use of contraception and any necessary follow-up after initiating such use;
A carrier shall provide coverage for any services listed in subsection 1 which are within the authorized scope of practice of a pharmacist when such services are provided by a pharmacist who is employed by or serves as an independent contractor of an in- network pharmacy.
An insured is entitled to reimbursement for services listed in subsection 1 which are within the authorized scope of practice of a pharmacist when such services are provided by a pharmacist who is employed by or serves as an independent contractor of an in-network pharmacy.
Such coverage must be provided to the same extent as if the services were provided by another provider of health care.
If a covered therapeutic equivalent listed in subsection 1 is not available or a provider of health care deems a covered therapeutic equivalent to be medically inappropriate, an alternate therapeutic equivalent prescribed by a provider of health care must be covered by the carrier.
If a covered therapeutic equivalent listed in subsection 1 is not available or a provider of health care deems a covered - *SB352_R1* – 13 – therapeutic equivalent to be medically inappropriate, an alternate therapeutic equivalent prescribed by a provider of health care must be covered by the carrier.
- *SB352_R2* – 14 – (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured;
(e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured;
For each of the 18 methods of contraception listed in subsection [10] 11 that have been approved by the Food and Drug Administration, a health benefit plan must include at least one drug or device for contraception within each method for which no deductible, copayment or coinsurance may be charged to the insured, but the carrier may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.
For each of the 18 methods of contraception listed in subsection [10] 11 that have been approved by the Food and Drug Administration, a health benefit plan must include at least one drug - *SB352_R1* – 14 – or device for contraception within each method for which no deductible, copayment or coinsurance may be charged to the insured, but the carrier may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.
- *SB352_R2* – 15 – (h) Progestin-based drugs;
(h) Progestin-based drugs;
14.
- *SB352_R1* – 15 – 14.
[(b)] (c) “Network plan” means a health benefit plan offered by a carrier under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract - *SB352_R2* – 16 – with the carrier.
[(b)] (c) “Network plan” means a health benefit plan offered by a carrier under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the carrier.
(2) Approved by the Food and Drug Administration;
- *SB352_R1* – 16 – (2) Approved by the Food and Drug Administration;
A society shall provide coverage for any services listed in subsection 1 which are within the authorized scope of practice of a pharmacist when such services are provided by a pharmacist who is employed by or serves as an independent contractor of an in- network pharmacy or a pharmacy operated by the society.
An insured is entitled to reimbursement for services listed in subsection 1 which are within the authorized scope of practice of a pharmacist when such services are provided by a pharmacist who is employed by or serves as an independent contractor of an in-network pharmacy or a pharmacy operated by the society.
Such coverage must be provided to the same extent as if the services - *SB352_R2* – 17 – were provided by another provider of health care.
(c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;
- *SB352_R1* – 17 – (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;
Except as otherwise provided in subsection [7,] 8, a benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2022,] 2024, has the legal effect of including the coverage required - *SB352_R2* – 18 – by subsection 1, and any provision of the contract or the renewal which is in conflict with this section is void.
Except as otherwise provided in subsection [7,] 8, a benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2022,] 2024, has the legal effect of including the coverage required by subsection 1, and any provision of the contract or the renewal which is in conflict with this section is void.
(b) Surgical sterilization implants for women;
- *SB352_R1* – 18 – (b) Surgical sterilization implants for women;
- *SB352_R2* – 19 – (q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception;
(q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception;
The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.
The term includes, without limitation, the use - *SB352_R1* – 19 – of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.
- *SB352_R2* – 20 – (2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug;
(2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug;
2.
- *SB352_R1* – 20 – 2.
An insurer shall provide coverage for any services listed in subsection 1 which are within the authorized scope of practice of a pharmacist when such services are provided by a pharmacist who is employed by or serves as an independent contractor of an in- network pharmacy or a pharmacy operated by the insurer.
An insured is entitled to reimbursement for services listed in subsection 1 which are within the authorized scope of practice of a pharmacist when such services are provided by a pharmacist who is employed by or serves as an independent contractor of an in-network pharmacy or a pharmacy operated by the insurer.
Such coverage must be provided to the same extent as if the services were provided by another provider of health care.
(b) Reimbursement for services listed in subsection 1 and provided by such a pharmacist to an amount less than the amount - *SB352_R2* – 21 – reimbursed for similar services provided by a physician, physician assistant or advanced practice registered nurse.
(b) Reimbursement for services listed in subsection 1 and provided by such a pharmacist to an amount less than the amount reimbursed for similar services provided by a physician, physician assistant or advanced practice registered nurse.
[5.] 6.
- *SB352_R1* – 21 – [5.] 6.
Such an insurer shall, - *SB352_R2* – 22 – before the issuance of a contract for hospital or medical service and before the renewal of such a contract, provide to the prospective insured written notice of the coverage that the insurer refuses to provide pursuant to this subsection.
Such an insurer shall, before the issuance of a contract for hospital or medical service and before the renewal of such a contract, provide to the prospective insured written notice of the coverage that the insurer refuses to provide pursuant to this subsection.
(g) Combined estrogen- and progestin-based drugs;
- *SB352_R1* – 22 – (g) Combined estrogen- and progestin-based drugs;
- *SB352_R2* – 23 – (q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception;
(q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception;
[(b)] (c) “Network plan” means a contract for hospital or medical service offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer.
[(b)] (c) “Network plan” means a contract for hospital or medical service offered by an insurer under which the financing and - *SB352_R1* – 23 – delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer.
- *SB352_R2* – 24 – (2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug;
(2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug;
A health maintenance organization shall provide coverage for any services listed in subsection 1 which are within the authorized scope of practice of a pharmacist when such services are provided by a pharmacist who is employed by or serves as an independent contractor of an in-network pharmacy or a pharmacy operated by the health maintenance organization.
An enrollee is entitled to reimbursement for services listed in subsection 1 which are within the authorized scope of practice of a pharmacist when such services are provided by a pharmacist who is employed by or serves as an independent contractor of an in-network pharmacy or a pharmacy operated by the health - *SB352_R1* – 24 – maintenance organization.
Such coverage must be provided to the same extent as if the services were provided by another provider of health care.
(b) Reimbursement for services listed in subsection 1 and provided by such a pharmacist to an amount less than the amount - *SB352_R2* – 25 – reimbursed for similar services provided by a physician, physician assistant or advanced practice registered nurse.
(b) Reimbursement for services listed in subsection 1 and provided by such a pharmacist to an amount less than the amount reimbursed for similar services provided by a physician, physician assistant or advanced practice registered nurse.
Except as otherwise provided in subsection [7,] 8, a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2022,] 2024, has the legal effect of including the coverage required by subsection 1, and any provision of the plan or the renewal which is in conflict with this section is void.
Except as otherwise provided in subsection [7,] 8, a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, - *SB352_R1* – 25 – [2022,] 2024, has the legal effect of including the coverage required by subsection 1, and any provision of the plan or the renewal which is in conflict with this section is void.
Such an organization shall, before the issuance of - *SB352_R2* – 26 – a health care plan and before the renewal of such a plan, provide to the prospective enrollee written notice of the coverage that the health maintenance organization refuses to provide pursuant to this subsection.
Such an organization shall, before the issuance of a health care plan and before the renewal of such a plan, provide to the prospective enrollee written notice of the coverage that the health maintenance organization refuses to provide pursuant to this subsection.
(i) Extended- or continuous-regimen drugs;
- *SB352_R1* – 26 – (i) Extended- or continuous-regimen drugs;
- *SB352_R2* – 27 – (q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception;
(q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception;
[(b)] (c) “Network plan” means a health care plan offered by a health maintenance organization under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the health maintenance organization.
[(b)] (c) “Network plan” means a health care plan offered by a health maintenance organization under which the financing and delivery of medical care, including items and services paid for as - *SB352_R1* – 27 – medical care, are provided, in whole or in part, through a defined set of providers under contract with the health maintenance organization.
- *SB352_R2* – 28 – (1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;
(1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;
A managed care organization shall provide coverage for any services listed in subsection 1 which are within the authorized scope of practice of a pharmacist when such services are provided by a pharmacist who is employed by or serves as an independent contractor of an in-network pharmacy or a pharmacy operated by the managed care organization.
An insured is entitled to reimbursement for services listed in subsection 1 which are within the authorized scope of practice of a pharmacist when such services are provided by a pharmacist who is employed by or serves as an independent contractor of an in-network pharmacy or a pharmacy operated by the managed - *SB352_R1* – 28 – care organization.
Such coverage must be provided to the same extent as if the services were provided by another provider of health care.
(a) Coverage for services listed in subsection 1 and provided by such a pharmacist to a number of occasions less than the coverage - *SB352_R2* – 29 – for such services when provided by another provider of health care.
(a) Coverage for services listed in subsection 1 and provided by such a pharmacist to a number of occasions less than the coverage for such services when provided by another provider of health care.
Except as otherwise provided in subsection [7,] 8, a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2022,] 2024, has the legal effect of including the coverage required by subsection 1, and any provision of the plan or the renewal which is in conflict with this section is void.
Except as otherwise provided in subsection [7,] 8, a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, - *SB352_R1* – 29 – [2022,] 2024, has the legal effect of including the coverage required by subsection 1, and any provision of the plan or the renewal which is in conflict with this section is void.
- *SB352_R2* – 30 – [7.] 8.
[7.] 8.
(o) Female condoms;
- *SB352_R1* – 30 – (o) Female condoms;
- *SB352_R2* – 31 – (q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception;
(q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception;
[(d)] (e) “Therapeutic equivalent” means a drug which:
- *SB352_R1* – 31 – [(d)] (e) “Therapeutic equivalent” means a drug which:
- *SB352_R2* – 32 – (1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;
(1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;
5.
- *SB352_R1* – 32 – 5.
For each method of contraception which is approved by the Food and Drug Administration, the Plan must include at least one - *SB352_R2* – 33 – contraceptive drug or device for which no deductible, copayment or coinsurance may be charged to the person enrolled in Medicaid, but the Plan may charge a deductible, copayment or coinsurance for any other contraceptive drug or device that provides the same method of contraception.
For each method of contraception which is approved by the Food and Drug Administration, the Plan must include at least one contraceptive drug or device for which no deductible, copayment or coinsurance may be charged to the person enrolled in Medicaid, but the Plan may charge a deductible, copayment or coinsurance for any other contraceptive drug or device that provides the same method of contraception.
The Plan must provide for the reimbursement of a pharmacist for providing services described in subsection 1 that are within the scope of practice of the pharmacist to the same extent as if the services were provided by another provider of health care.
The Plan must provide for the reimbursement of a pharmacist for providing services described in subsection 1 that are within the scope of practice of the pharmacist.
(b) “Provider of health care” has the meaning ascribed to it in NRS 629.031.
(b) “Therapeutic equivalent” means a drug which:
(c) “Therapeutic equivalent” means a drug which:
Except as otherwise provided in subsection 2, the Department shall directly manage, direct and coordinate all payments and rebates for prescription drugs and all other services and payments relating to the provision of prescription drugs under - *SB352_R2* – 34 – the State Plan for Medicaid and the Children’s Health Insurance Program.
Except as otherwise provided in subsection 2, the Department shall directly manage, direct and coordinate all payments and rebates for prescription drugs and all other services and payments relating to the provision of prescription drugs under - *SB352_R1* – 33 – the State Plan for Medicaid and the Children’s Health Insurance Program.
- *SB352_R2* – 35 – Sec.
- *SB352_R1* – 34 – Sec.
14.2.
NRS 454.221 is hereby amended to read as follows:
454.221 1.
A person who furnishes any dangerous drug except upon the prescription of a practitioner is guilty of a category D felony and shall be punished as provided in NRS 193.130, unless the dangerous drug was obtained originally by a legal prescription.
2.
The provisions of this section do not apply to the furnishing of any dangerous drug by:
(a) A practitioner to his or her patients;
(b) A physician assistant licensed pursuant to chapter 630 or 633 of NRS if authorized by the Board;
(c) A registered nurse while participating in a public health program approved by the Board, or an advanced practice registered nurse who holds a certificate from the State Board of Pharmacy permitting him or her to dispense dangerous drugs;
(d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under records of sales and purchases that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity;
(e) A hospital pharmacy or a pharmacy so designated by a county health officer in a county whose population is 100,000 or more, or by a district health officer in any county within its jurisdiction or, in the absence of either, by the Chief Medical Officer or the Chief Medical Officer’s designated Medical Director of Emergency Medical Services, to a person or agency described in subsection [3] 4 of NRS 639.268 to stock ambulances or other authorized vehicles or replenish the stock;
or (f) A pharmacy in a correctional institution to a person designated by the Director of the Department of Corrections to administer a lethal injection to a person who has been sentenced to death.
Sec.
14.8.
NRS 639.268 is hereby amended to read as follows:
639.268 1.
A practitioner may purchase supplies of controlled substances, poisons, dangerous drugs and devices from a pharmacy by:
(a) Making an oral order to the pharmacy or transmitting an oral order through his or her agent, except an order for a controlled substance in schedule II;
or (b) If the order is for a controlled substance, presenting to the pharmacy a written order signed by the practitioner which contains his or her registration number issued by the Drug Enforcement Administration.
2.
Any person or entity authorized to dispense controlled substances and dangerous drugs, including, without limitation, a pharmacy, institutional pharmacy or practitioner, may:
- *SB352_R2* – 36 – (a) Purchase or otherwise acquire controlled substances and dangerous drugs compounded or repackaged by an outsourcing facility directly from the outsourcing facility without an order from a practitioner other than, where applicable, the practitioner purchasing or acquiring the controlled substance or dangerous drug;
and (b) Administer and dispense controlled substances and dangerous drugs purchased or acquired pursuant to paragraph (a) to the same extent as controlled substances and dangerous drugs acquired through other authorized means.
3.
A hospital pharmacy or a pharmacy designated for this purpose by a county health officer in a county whose population is 100,000 or more, or by a district health officer in any county within its jurisdiction or, in the absence of either, by the Chief Medical Officer or his or her designated medical director of emergency medical services, may sell to a person or agency described in subsection [3] 4 supplies of controlled substances to stock the ambulances or other authorized vehicles of such a person or agency or replenish the stock if:
(a) The person or agency is registered with the Drug Enforcement Administration pursuant to 21 C.F.R.
Part 1301;
(b) The person in charge of the controlled substances is:
(1) A paramedic appropriately certified by the health authority;
(2) A registered nurse licensed by the State Board of Nursing;
or (3) A person who holds equivalent certification or licensure issued by another state;
and (c) Except as otherwise provided in this paragraph, the purchase order is countersigned by a physician or initiated by an oral order and may be made by the person or agency or transmitted by an agent of such a person or agency.
An order for a controlled substance listed in schedule II must be made pursuant to NRS 453.251.
[3.] 4.
A pharmacy, institutional pharmacy or other person licensed by the Board to furnish controlled substances and dangerous drugs may sell to:
(a) The holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210;
(b) The holder of a permit issued by another state which is substantially similar to a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210;
and (c) An agency of the Federal Government that provides emergency care or transportation and is registered with the Drug Enforcement Administration pursuant to 21 C.F.R.
Part 1301.
- *SB352_R2* – 37 – [4.] 5.
A pharmacy, institutional pharmacy , outsourcing facility or other person licensed by the Board to furnish dangerous drugs who sells supplies pursuant to this section shall maintain a record of each sale which must contain:
(a) The date of sale;
(b) The name, address and signature of the purchaser or the person receiving the delivery;
(c) The name of the dispensing pharmacist [;] , where applicable;
(d) The name and address of the authorizing practitioner [;] , where applicable;
and (e) The name, strength and quantity of each drug sold.
[5.] 6.
A pharmacy, institutional pharmacy or other person licensed by the Board to furnish dangerous drugs who supplies the initial stock for an ambulance or other emergency vehicle shall comply with any applicable regulations adopted by the State Board of Health, or a district board of health, pursuant to NRS 450B.120.
[6.] 7.
The Board shall adopt regulations regarding the records a pharmacist shall keep of any purchase made pursuant to this section.
8.
As used in this section:
(a) “Compounding” includes, without limitation, the combining, admixing, mixing, pooling, reconstituting or other altering of a drug or bulk drug substance, as defined in 21 C.F.R.
§ 207.3, to create a drug.
(b) “Outsourcing facility” means a manufacturer at one geographic location or address that:
(1) Is engaged in the compounding of sterile or nonsterile drugs for use by humans;
and (2) Has registered with the Secretary of Health and Human Services as an outsourcing facility pursuant to 21 U.S.C.
§ 353b.
Sec.
Except as otherwise provided in [subsections] subsection 2 , [and 3,] pursuant to a valid prescription or order for a drug to be used for contraception or its therapeutic equivalent which has been approved by the Food and Drug Administration , a pharmacist shall:
Except as otherwise provided in [subsections] subsection 2 , [and 3,] pursuant to a valid prescription or order for a drug to be used for contraception or its therapeutic equivalent which has been approved by the Food and Drug Administration , a pharmacist shall :
(b) [The second time dispensing] If the drug or therapeutic equivalent has only been dispensed to the patient [,] once pursuant - *SB352_R2* – 38 – to paragraph (a), dispense [up to] a 9-month supply of the drug or therapeutic equivalent, any amount designated by the prescription or order or any amount which covers the remainder of the plan year if the patient is covered by a health care plan, whichever is less.
(b) [The second time dispensing] If the drug or therapeutic equivalent has only been dispensed to the patient [,] once pursuant to paragraph (a), dispense [up to] a 9-month supply of the drug or therapeutic equivalent, any amount designated by the prescription or order or any amount which covers the remainder of the plan year if the patient is covered by a health care plan, whichever is less.
(a) “Health care plan” means a policy, contract, certificate or agreement offered or issued by an insurer, including without limitation, the State Plan for Medicaid, to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.
(a) “Health care plan” means a policy, contract, certificate or agreement offered or issued by an insurer, including without - *SB352_R1* – 35 – limitation, the State Plan for Medicaid, to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.
- *SB352_R2* – 39 – Sec.
Sec.
additional expenses of a local government that are related to the provisions of this act.
17.
The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec.
This section and sections 14.2 and 14.8 of this act become effective upon passage and approval.
This section becomes effective upon passage and approval.
Sections 1 to 14, inclusive, 15, 16 and 17 of this act become effective:
Sections 1 to 17, inclusive, of this act become effective:
H - *SB352_R2*
H - *SB352_R1*
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How this bill changes current law

3 changes Share ↗

Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill expands insurance coverage requirements for contraceptive drugs and services while making changes to the management of prescription drugs by pharmacy benefit managers.

  • NRS 289.010

    Local governmental agency may adopt system of group insurance; payment of costs of premiums or contributions; provision of group insurance to members of board of trustees of school district and to officers and employees of legal services organization. → Must provide coverage for any prescription drug for contraception without prior authorization.

    Changes requirements for insurance to ensure contraceptive drugs are available without prior authorization.

  • NRS 422.4053

    Authority to manage payments and rebates for prescription drugs; contract for provision of certain services. → Requires pharmacy benefit managers to comply with insurance obligations when managing prescription drug benefits.

    Clarifies and expands the responsibilities of pharmacy benefit managers under existing law.

  • NRS 639.268

    Purchase of controlled substances, poisons, dangerous drugs and devices by practitioner; acquisition of controlled substances and dangerous drugs directly from outsourcing facility; sale of controlled substances or dangerous drugs to persons or agencies which provide emergency care; records; regulations. → Authorizes entities to acquire controlled substances directly from outsourcing facilities, improving access.

    Facilitates the purchasing process for certain drugs, streamlining regulations around outsourcing facilities.

Amendments

3 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

  2. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.

  3. Taken from Secretary's desk. Placed on General File. Read third time. Amended. (Amend. Nos. 503 and 529.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To printer.

  4. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on Secretary's desk.

  5. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 245.) To printer.

  6. From printer. To committee.

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

Sponsors

Sponsorship breakdown

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2 sponsors · 2 co-sponsors · 63 not signed on

Sponsors (2)

Co-sponsors (2)

Not signed on (63)

63 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 352?
SB 352 is sponsored by Scheible, Melanie (Democratic), Buck, Carrie Ann (Republican), Heidi Seevers O'Gara, and Stone, Jeff (Republican).
What is the current status of SB 352?
This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 352?
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