NRS 453.1635
Law enforcement agency to upload to database certain information obtained during investigation

  • limitation on access to database
  • immunity from liability for transmission of information.

1.

If a law enforcement officer, while acting in his or her official capacity and in the regular course of an investigation:

(a)

Encounters a situation in which the law enforcement officer has probable cause to believe that a violation of this chapter involving a prescription for a controlled substance is occurring or has occurred; or

(b)

Receives a report of a stolen prescription for a controlled substance,
Ê the law enforcement officer shall report to his or her employer the information required by subsection 3.

2.

A coroner, medical examiner or deputy thereof who, as the result of an investigation into the cause of a death determines that a person died as the result of using a prescribed controlled substance, shall:

(a)

If the coroner, medical examiner or deputy thereof has access to the database of the computerized program developed pursuant to NRS 453.162, upload the information required by subsection 3 as soon as practicable; or

(b)

If the coroner, medical examiner or deputy thereof does not have access to the database of the computerized program developed pursuant to NRS 453.162, report the information to a coroner, medical examiner or deputy thereof who has such access.

3.

A law enforcement officer or a coroner, medical examiner or deputy thereof who is required to report or upload, as applicable, information pursuant to subsection 1 or 2 shall report or upload, as applicable, the following information, to the extent such information is available and applicable:

(a)

The name of the person who:

(1)

Is believed to have violated this chapter;

(2)

Died as a result of using a prescribed controlled substance; or

(3)

Filed the report of a stolen prescription for a controlled substance.

(b)

The name of the person to whom the controlled substance involved in an event described in subsection 1 or 2 is or was prescribed.

(c)

If a prescription container for the controlled substance is found in the vicinity of the location of an event described in paragraph (a) of subsection 1 or subsection 2 or if a prescription for a controlled substance is reported stolen:

(1)

The name of the prescribing practitioner;

(2)

The prescription number; and

(3)

The name of the controlled substance as it appears on the prescription container or prescription order.

4.

Except as otherwise provided in subsection 5, an employer of a law enforcement officer or a coroner, medical examiner or deputy thereof who receives a report pursuant to subsection 1 or 2 shall, as soon as practicable after receiving that report, upload to the database of the program established pursuant to NRS 453.162 notice of the occurrence of an event described in subsection 1 or 2, as applicable, and the information received pursuant to subsection 3. The employer of a law enforcement officer or a coroner, medical examiner or deputy thereof shall ensure that only a person who is authorized to access the database of the program pursuant to NRS 453.1645 or 453.165 uploads such information.

5.

If an employer of a law enforcement officer determines that uploading any information to the database of the program pursuant to subsection 4 will interfere with an active criminal investigation, the employer may postpone uploading such information until after the conclusion of the investigation.

6.

Each law enforcement officer or employer of a law enforcement officer and each coroner, medical examiner and deputy thereof who makes a good faith effort to comply with this section, or a regulation adopted pursuant thereto, is immune from civil and criminal liability for any act or omission relating to the transmission of information pursuant to this section.

7.

As used in this section, “law enforcement officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

Source: Section 453.1635 — Law enforcement agency to upload to database certain information obtained during investigation; limitation on access to database; immunity from liability for transmission of information., https://www.­leg.­state.­nv.­us/NRS/NRS-453.­html#NRS453Sec1635.

Last Updated

Jun. 24, 2021

§ 453.1635’s source at nv​.us