Nevada Public Health and Safety

Sec. § 453.162
Development; functions and requirements; Board and Division immune from liability for activities related to program; gifts, grants and donations.


1.

The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III, IV or V that is filled by a pharmacy that is registered with the Board or that is dispensed by a practitioner who is registered with the Board. The program must:

(a)

Be designed to provide information regarding:

(1)

The inappropriate use by a patient of controlled substances listed in schedules II, III, IV or V to pharmacies, practitioners and appropriate state and local governmental agencies, including, without limitation, law enforcement agencies and occupational licensing boards, to prevent the improper or illegal use of those controlled substances; and

(2)

Statistical data relating to the use of those controlled substances that is not specific to a particular patient.

(b)

Be administered by the Board, the Investigation Division, the Division of Public and Behavioral Health of the Department and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the Board and the Investigation Division.

(c)

Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.

(d)

Include the contact information of each person who is required to access the database of the program pursuant to NRS 453.164, including, without limitation:

(1)

The name of the person;

(2)

The physical address of the person;

(3)

The telephone number of the person; and

(4)

If the person maintains an electronic mail address, the electronic mail address of the person.

(e)

Include, for each prescription of a controlled substance listed in schedule II, III, IV or V:

(1)

The fewest number of days necessary to consume the quantity of the controlled substance dispensed to the patient if the patient consumes the maximum dose of the controlled substance authorized by the prescribing practitioner;

(2)

Each state in which the patient to whom the controlled substance was prescribed has previously resided or filled a prescription for a controlled substance listed in schedule II, III, IV or V; and

(3)

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.

(f)

To the extent that money is available, include:

(1)

A means by which a practitioner may designate in the database of the program that he or she suspects that a patient is seeking a prescription for a controlled substance for an improper or illegal purpose. If the Board reviews the designation and determines that such a designation is warranted, the Board shall inform pharmacies, practitioners and appropriate state agencies that the patient is seeking a prescription for a controlled substance for an improper or illegal purpose as described in subparagraph (1) of paragraph (a).

(2)

The ability to integrate the records of patients in the database of the program with the electronic health records of practitioners.

2.

If the Board includes in the program the ability to integrate the records of patients in the database of the program with the electronic health records of practitioners:

(a)

The Board may adopt any regulations necessary to carry out the integration; and

(b)

Any person or entity that provides a system for the maintenance of electronic health records to a practitioner must ensure that the system includes, as a function of the system, the ability to integrate the records of patients in the database of the program into the electronic health records of the practitioner.

3.

The Board, the Division and each employee thereof are immune from civil and criminal liability for any action relating to the collection, maintenance and transmission of information pursuant to NRS 453.162 to 453.1645, inclusive, if a good faith effort is made to comply with applicable laws and regulations.

4.

The Board and the Division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

5.

As used in this section, “electronic health record” has the meaning ascribed to it in 42 U.S.C. § 17921.
Source

Last accessed
Feb. 5, 2021