Existing law authorizes, under certain conditions, a pharmacist to dispense a self-administered hormonal contraceptive without a prescription and prescribe and dispense a drug for the medication-assisted treatment of opioid use disorder. (NRS 639.28078, 639.28079) Section 1 of this bill authorizes a registered pharmacist to prescribe and dispense drugs and devices for the treatment of health conditions that: (1) have been previously diagnosed; (2) are self-limiting; (3) are diagnosed after the performance of certain tests; or (4) threaten the health of the patient. Section 1 additionally prohibits a registered pharmacist from prescribing drugs and devices not approved by the United States Food and Drug Administration. Section 1 also authorizes the State Board of Pharmacy to adopt regulations establishing: (1) the scope of the ability of a registered pharmacist to prescribe drugs and devices; (2) the standard of care required of a registered pharmacist who prescribes drugs and devices; and (3) the requirements for adequate liability insurance for registered pharmacists who engage in such activities. Section 2 of this bill provides that prescribing and dispensing drugs and devices pursuant to section 1 constitutes the practice of pharmacy. Sections 3, 10-13 and 15 of this bill make additional changes necessary to authorize a registered pharmacist to prescribe and dispense drugs and devices pursuant to section 1. The Board would be authorized to suspend or revoke the registration of a pharmacist who prescribes or dispenses a drug or device without complying with the provisions of section 1 or the regulations adopted pursuant thereto. (NRS 639.210)
Existing law includes within the practice of pharmacy the performance or supervision of activities associated with manufacturing, compounding, labeling, dispensing and distributing a drug. (NRS 629.0124) Section 2 additionally includes the performance or supervision of activities associated with administering a drug, thereby authorizing a registered pharmacist to perform or supervise such activities. Sections 14, 16 and 17 of this bill accordingly provide general authorization for a registered pharmacist to possess and administer controlled substances and dangerous drugs.
Existing law requires the Board to adopt regulations governing the manipulation of a person for the collection of specimens by a registered pharmacist that: (1) require the pharmacist to use only a fingerstick or oral or nasal swab to collect the specimens; and (2) set forth the procedures and requirements the pharmacist is required to follow when manipulating a person for the collection of a specimen. (NRS 639.0747) Section 4 of this bill removes the requirement that a pharmacist use only a fingerstick or oral or nasal swab to collect a specimen, thereby authorizing a pharmacist to collect a specimen using any method available for the collection of the specimen.
Existing law authorizes a registered pharmacist or a registered intern pharmacist to: (1) perform a home blood glucose test; and (2) order and perform laboratory tests that are necessary for therapy that uses a drug approved by the United States Food and Drug Administration for preventing the acquisition of human immunodeficiency virus. (NRS 639.2808, 639.28085) Section 5 of this bill additionally authorizes a registered pharmacist to: (1) order laboratory tests that are necessary for any drug therapy or that otherwise facilitate the care of a patient within the authorized scope of practice of the pharmacist; and (2) perform certain other laboratory tests determined by the Federal Government to be simple laboratory examinations and procedures that have an insignificant risk of an erroneous result. (42 U.S.C. 263a(d)(3); 42 C.F.R. Part 493, Subpart A) Section 5 also authorizes the State Board of Pharmacy to adopt regulations to authorize registered intern pharmacists to order and perform such laboratory tests. Section 2 provides that ordering and performing such laboratory tests constitutes the practice of pharmacy. Sections 2 and 6 of this bill remove duplicative provisions from existing law. Sections 8, 9 and 18-24 of this bill make conforming changes so that requirements for insurance coverage of certain services performed by registered pharmacists are not changed by this bill.
Existing law requires the State Board of Health to adopt regulations for the certification and licensure of laboratory directors. (NRS 652.125) Existing regulations define an exempt laboratory to be a laboratory that: (1) conducts only certain microscopy tests and tests determined by the Federal Government to be simple laboratory examinations and procedures that have an insignificant risk of an erroneous result; and (2) does not perform only tests for human immunodeficiency virus. (42 U.S.C. 263a(d)(3); 42 C.F.R. Part 493, Subpart A; NAC 652.072) Section 7 of this bill requires regulations of the Board to authorize a registered pharmacist to serve as the laboratory director of an exempt laboratory.
Statutes affected: As Introduced: 639.0124, 639.0125, 639.0747, 639.2808, 639.28085, 652.125, 287.0271, 422.27235, 453.126, 453.128, 453.226, 453.336, 453.375, 453.381, 454.00958, 454.213, 689A.0437, 689B.0312, 689C.1671, 695A.1843, 695B.1924, 695C.1743, 695G.1705
BDR: 639.0124, 639.0125, 639.0747, 639.2808, 639.28085, 652.125, 287.0271, 422.27235, 453.126, 453.128, 453.226, 453.336, 453.375, 453.381, 454.00958, 454.213, 689A.0437, 689B.0312, 689C.1671, 695A.1843, 695B.1924, 695C.1743, 695G.1705