Section 639.23535 - Electronic transmission of prescriptions for controlled substances to pharmacy required; exceptions; exemptions; alternative methods if excepted or exempted; construction of section; regulations; penalties1. 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. The requirements of this subsection do not apply to a prescription: (a) Issued by a veterinarian;(b) Issued under circumstances prescribed by regulation of the Board where:(1) Electronic transmission is unavailable due to technologic or electronic failure; or(2) The drug will be dispensed at a pharmacy located outside of this State;(c) Issued by a practitioner who will also dispense the drug;(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;(e) For which electronic prescribing is prohibited by federal law;(f) That is not issued for a specific patient;(g) Issued pursuant to a protocol for research;(h) Issued by a practitioner who has received a waiver from the Board pursuant to subsection 2; or(i) Issued under circumstances in which the practitioner determines that:(1) The patient is unable to obtain the drug in a timely manner if the prescription is given by electronic transmission; and(2) Delay will adversely affect the patient's medical condition.2. The Board may exempt a practitioner from the requirements of subsection 1 for not more than 1 year if the Board determines that the practitioner is unable to give a prescription to a pharmacy by electronic transmission because of economic hardship, technological limitations that are not within the control of the practitioner or other exceptional circumstances.3. A prescription for a controlled substance given to a pharmacy by a means other than electronic transmission under the conditions prescribed in subsection 1 or 2 must be given: (a) Directly from the practitioner to a pharmacist;(b) Indirectly by means of an order or written prescription signed by the practitioner;(c) By an order transmitted orally by an agent of the practitioner; or(d) By transmission using a facsimile machine.4. 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; or(b) Require a practitioner to indicate in a prescription for a controlled substance given to a pharmacy by means other than electronic transmission under the conditions prescribed in subsection 1 or 2 the circumstances authorizing the alternative means of delivery.5. If the Board determines that a person has violated any provision of this section or any regulations adopted pursuant thereto, the Board may: (a) Issue and serve on the person an order to cease and desist the conduct, which must include, without limitation, the telephone number to contact the Board.(b) Issue a citation to the person. A citation issued pursuant to this subsection must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this subsection. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.(c) Assess against the person an administrative fine of not more than $5,000.(d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).6. Violation of any provision of this section or any regulations adopted pursuant thereto is subject only to the administrative penalties described in subsection 5 and any professional discipline imposed by the Board.Added to NRS by 2019, 2208Added by 2019, Ch. 355,§7, eff. 1/1/2021.