REQUIRES TWO-THIRDS MAJORITY VOTE
(§§ 5.1, 5.5, 5.9 & NRS 453.221, 453.226 and 639.170)
(Reprinted with amendments adopted on May 24, 2023)
SECOND REPRINT S.B. 336
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SENATE BILL NO. 336–SENATORS OHRENSCHALL AND STONE
MARCH 20, 2023
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to the regulation of
certain healing arts. (BDR 54-886)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to health care; exempting certain conduct of
certain practitioners of healing arts practicing within their
authorized scope of authority from provisions governing
certain practitioners of other healing arts; enacting
provisions governing the certification and regulation of
certified registered nurse anesthetists; authorizing a
certified registered nurse anesthetist to order, prescribe,
possess and administer controlled substances, poisons,
dangerous drugs and devices under certain circumstances;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a physician, physician assistant, dentist, advanced 1
practice registered nurse, podiatric physician or optometrist to prescribe and 2
dispense controlled substances and dangerous drugs under certain circumstances. 3
(NRS 453.226, 454.215, 639.235) Existing law provides that provisions of existing 4
law governing the practice of physicians, physician assistants, perfusionists and 5
practitioners of respiratory care do not apply to any person permitted to practice 6
any other healing art under title 54 of NRS who does so within the scope of that 7
authority. (NRS 630.047) Sections 1, 2.2 and 3-5 of this bill provide similar 8
exemptions from provisions governing dentists, nurses, osteopathic physicians and 9
physician assistants, podiatrists and optometrists for practitioners of healing arts 10
who are acting within the scope of their authority. Section 6 of this bill provides 11
that the provisions of sections 1, 2.2 and 3-5 apply to any conduct by a practitioner 12
of a healing art before, on or after the effective date of this bill which has not been 13
the subject of a final order from the Board of Dental Examiners of Nevada, the 14
State Board of Nursing, the State Board of Osteopathic Medicine, the State Board 15
of Podiatry or the Nevada State Board of Optometry. Section 6 also requires those 16
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boards to terminate any investigation or disciplinary proceedings for conduct that is 17
outside the scope of those boards. 18
Existing law: (1) provides for the certification of certified registered nurse 19
anesthetists by the State Board of Nursing; and (2) authorizes a certified registered 20
nurse anesthetist to administer anesthetic agents to a person under the care of a 21
licensed physician, dentist or podiatric physician. (NRS 632.014) Section 2.4 of 22
this bill requires the State Board of Nursing to issue a certificate of registration to 23
practice as a certified registered nurse anesthetist to a registered nurse who meets 24
the requirements prescribed by existing law for such certification and any 25
additional requirements prescribed by the Board. Section 2.4 also requires the 26
Board to adopt regulations governing certified registered nurse anesthetists. 27
Existing law authorizes a registered nurse to possess and administer controlled 28
substances and dangerous drugs under certain circumstances. (NRS 453.375, 29
454.213) Sections 2.6, 5.1, 5.5 and 5.9 of this bill additionally authorize a certified 30
registered nurse anesthetist working under the supervision of a physician licensed 31
to practice medicine or osteopathic medicine in this State to order, prescribe, 32
possess and administer controlled substances, poisons, dangerous drugs and devices 33
to treat a person under the care of a licensed physician in a critical access hospital 34
before, during and after surgery or childbirth. Sections 5.2-5.4 and 5.6-5.85 of this 35
bill make additional changes necessary to authorize a certified registered nurse 36
anesthetist to order, prescribe, possess and administer controlled substances, 37
poisons, dangerous drugs and devices in such circumstances. A certified registered 38
nurse anesthetist who unlawfully possesses, prescribes or administers a controlled 39
substance, dangerous drug or poison would be subject to discipline and criminal 40
and civil penalties to the same extent as other practitioners who unlawfully possess, 41
prescribe or administer such drugs. (NRS 453.236, 453.305, 453.326, 453.3363, 42
453.553, 454.170, 454.356) 43
Section 2.8 of this bill makes a conforming change to remove a provision now 44
duplicated in section 2.4. 45
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 631.115 is hereby amended to read as follows: 1
631.115 1. Except as otherwise provided in subsection 2 of 2
NRS 631.317, this chapter does not apply to: 3
[1.] (a) A legally qualified physician or surgeon unless he or 4
she practices dentistry as a specialty. 5
[2.] (b) A dentist, dental hygienist or dental therapist of the 6
United States Army, Navy, Air Force, Public Health Service, Coast 7
Guard or Department of Veterans Affairs in the discharge of his or 8
her official duties, including, without limitation, providing medical 9
care in a hospital in accordance with an agreement entered into 10
pursuant to NRS 449.2455. 11
(c) Any person permitted to practice any other healing art 12
under this title who does so within the scope of that authority. 13
2. As used in this section, “healing art” has the meaning 14
ascribed to it in NRS 630.0122. 15
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Sec. 2. Chapter 632 of NRS is hereby amended by adding 1
thereto the provisions set forth as section 2.2, 2.4 and 2.6 of this act. 2
Sec. 2.2. 1. Except as otherwise provided in NRS 632.472, 3
this chapter does not apply to any person permitted to practice any 4
other healing art under this title who does so within the scope of 5
that authority. 6
2. As used in this section, “healing art” has the meaning 7
ascribed to it in NRS 630.0122. 8
Sec. 2.4. 1. The Board shall issue a certificate of 9
registration to practice as a certified registered nurse anesthetist to 10
an applicant who: 11
(a) Has successfully completed a nationally accredited 12
program in the science of anesthesia; and 13
(b) Meets any additional requirements prescribed by the Board 14
pursuant to subsection 2. 15
2. The Board shall adopt regulations to carry out the 16
provisions of this section and section 2.6 of this act, including, 17
without limitation, regulations: 18
(a) Specifying any additional training, education and 19
experience necessary for certification as a certified registered 20
nurse anesthetist; 21
(b) Delineating the authorized scope of practice of a certified 22
registered nurse anesthetist; and 23
(c) Establishing the procedure to apply for certification as a 24
certified registered nurse anesthetist. 25
Sec. 2.6. 1. A certified registered nurse anesthetist may: 26
(a) Under the supervision of a physician licensed pursuant to 27
chapter 630 or 633 of NRS, order, prescribe, possess and 28
administer controlled substances, poisons, dangerous drugs and 29
devices to treat a patient under the care of a licensed physician in 30
a critical access hospital in preparation for surgery or childbirth, 31
during surgery or childbirth and while a patient recovers from 32
surgery or childbirth. 33
(b) Possess and administer controlled substances, poisons, 34
dangerous drugs and devices in other circumstances under which 35
a registered nurse is authorized to possess and administer 36
controlled substances, poisons, dangerous drugs and devices. 37
2. A certified registered nurse anesthetist shall not order or 38
prescribe a controlled substance, poison, dangerous drug or device 39
except as authorized by paragraph (a) of subsection 1. 40
3. As used in this section, “critical access hospital” means a 41
hospital which has been certified as a critical access hospital by 42
the Secretary of Health and Human Services pursuant to 42 43
U.S.C. 1395i-4(e). 44
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Sec. 2.8. NRS 632.014 is hereby amended to read as follows: 1
632.014 “Certified registered nurse anesthetist” means a 2
registered nurse who [: 3
1. Has completed a nationally accredited program in the 4
science of anesthesia; and 5
2. Is] is certified by the Board pursuant to section 2.4 of this 6
act to administer anesthetic agents to a person under the care of a 7
licensed physician, a licensed dentist or a licensed podiatric 8
physician. 9
Sec. 3. NRS 633.171 is hereby amended to read as follows: 10
633.171 1. This chapter does not apply to: 11
(a) The practice of medicine or perfusion pursuant to chapter 12
630 of NRS, dentistry, chiropractic, podiatry, optometry, respiratory 13
care, faith or Christian Science healing, nursing, veterinary medicine 14
or fitting hearing aids. 15
(b) A medical officer of the Armed Forces or a medical officer 16
of any division or department of the United States in the discharge 17
of his or her official duties, including, without limitation, providing 18
medical care in a hospital in accordance with an agreement entered 19
into pursuant to NRS 449.2455. 20
(c) Osteopathic physicians who are called into this State, other 21
than on a regular basis, for consultation or assistance to a physician 22
licensed in this State, and who are legally qualified to practice in the 23
state where they reside. 24
(d) Osteopathic physicians who are temporarily exempt from 25
licensure pursuant to NRS 633.420 and are practicing osteopathic 26
medicine within the scope of the exemption. 27
(e) The performance of medical services by a student enrolled in 28
an educational program for a physician assistant which is accredited 29
by the Accreditation Review Commission on Education for the 30
Physician Assistant, Inc., or its successor organization, as part of 31
such a program. 32
(f) A physician assistant of any division or department of the 33
United States in the discharge of his or her official duties unless 34
licensure by a state is required by the division or department of the 35
United States. 36
(g) Any person permitted to practice any other healing art 37
under this title who does so within the scope of that authority. 38
2. This chapter does not repeal or affect any law of this State 39
regulating or affecting any other healing art. 40
3. This chapter does not prohibit: 41
(a) Gratuitous services of a person in cases of emergency. 42
(b) The domestic administration of family remedies. 43
Sec. 4. NRS 635.015 is hereby amended to read as follows: 44
635.015 1. This chapter does not apply: 45
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(a) To commissioned surgeons of the United States Army, Navy 1
or Marine Hospital Service in the actual performance of their 2
official duties, including, without limitation, providing medical care 3
in a hospital in accordance with an agreement entered into pursuant 4
to NRS 449.2455. 5
(b) To physicians licensed in the State of Nevada. 6
(c) To any person permitted to practice any other healing art 7
under this title who does so within the scope of that authority. 8
2. This chapter does not prohibit the manufacture, 9
recommendation, advertisement, demonstration or sale of arch-10
support shoes, foot appliances or remedies by retail dealers. 11
3. As used in this section, “healing art” has the meaning 12
ascribed to it in NRS 630.0122. 13
Sec. 5. NRS 636.027 is hereby amended to read as follows: 14
636.027 This chapter: 15
1. Applies to any person who is licensed to practice optometry 16
pursuant to this chapter and any other person engaged in the practice 17
of optometry in this State. 18
2. Must not be construed to apply to [physicians] : 19
(a) Physicians and surgeons duly licensed to practice in this 20
State. 21
(b) Any person permitted to practice any other healing art 22
under this title who does so within the scope of that authority. 23
3. As used in this section, “healing art” has the meaning 24
ascribed to it in NRS 630.0122. 25
Sec. 5.1. NRS 639.0125 is hereby amended to read as follows: 26
639.0125 “Practitioner” means: 27
1. A physician, dentist, veterinarian or podiatric physician who 28
holds a license to practice his or her profession in this State; 29
2. A hospital, pharmacy or other institution licensed, registered 30
or otherwise permitted to distribute, dispense, conduct research with 31
respect to or administer drugs in the course of professional practice 32
or research in this State; 33
3. An advanced practice registered nurse who has been 34
authorized to prescribe controlled substances, poisons, dangerous 35
drugs and devices; 36
4. A physician assistant who: 37
(a) Holds a license issued by the Board of Medical Examiners; 38
and 39
(b) Is authorized by the Board to possess, administer, prescribe 40
or dispense controlled substances, poisons, dangerous drugs or 41
devices under the supervision of a physician as required by chapter 42
630 of NRS; 43
5. A physician assistant who: 44
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(a) Holds a license issued by the State Board of Osteopathic 1
Medicine; and 2
(b) Is authorized by the Board to possess, administer, prescribe 3
or dispense controlled substances, poisons, dangerous drugs or 4
devices under the supervision of an osteopathic physician as 5
required by chapter 633 of NRS; or 6
6. An optometrist who is certified by the Nevada State Board 7
of Optometry to prescribe and administer pharmaceutical agents 8
pursuant to NRS 636.288, when the optometrist prescribes or 9
administers pharmaceutical agents within the scope of his or her 10
certification. 11
7. A certified registered nurse anesthetist who orders, 12
prescribes, possesses or administers controlled substances, 13
poisons, dangerous drugs or devices in accordance with section 14
2.6 of this act. 15
Sec. 5.2. Chapter 453 of NRS is hereby amended by adding 16
thereto a new section to read as follows: 17
“Certified registered nurse anesthetist” has the meaning 18
ascribed to it in NRS 632.014. 19
Sec. 5.25. NRS 453.016 is hereby amended to read as follows: 20
453.016 As used in this chapter, the words and terms defined 21
in NRS 453.021 to 453.141, inclusive, and section 5.2 of this act 22
have the meanings ascribed to them in those sections except in 23
instances where the context clearly indicates a different meaning. 24
Sec. 5.3. NRS 453.038 is hereby amended to read as follows: 25
453.038 “Chart order” means an order entered on the chart of a 26
patient: 27
1. In a hospital, facility for intermediate care or facility for 28
skilled nursing which is licensed as such by the Division of Public 29
and Behavioral Health of the Department; or 30
2. Under emergency treatment in a hospital by a physician, 31
advanced practice registered nurse, certified registered nurse 32
anesthetist, dentist or podiatric physician, or on the written or oral 33
order of a physician, physician assistant licensed pursuant to chapter 34
630 or 633 of NRS, advanced practice registered nurse, certified 35
registered nurse anesthetist, dentist or podiatric physician 36
authorizing the administration of a drug to the patient. 37
Sec. 5.4. NRS 453.091 is hereby amended to read as follows: 38
453.091 1. “Manufacture” means the production, preparation, 39
propagation, compounding, conversion or processing of a substance, 40
either directly or indirectly by extraction from substances of natural 41
origin, or independently by means of chemical synthesis, or by a 42
combination of extraction and chemical synthesis, and includes any 43
packaging or repackaging of the substance or labeling or relabeling 44
of its container. 45
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2. “Manufacture” does not include the preparation, 1
compounding, packaging or labeling of a substance by a pharmacist, 2
physician, physician assistant licensed pursuant to chapter 630 or 3
633 of NRS, dentist, podiatric physician, advanced practice 4
registered nurse , certified registered nurse anesthetist or 5
veterinarian: 6
(a) As an incident to the administering or dispensing of a 7
substance in the course of his or her professional practice; or 8
(b) By an authorized agent under his or her supervision, for the 9
purpose of, or as an incident to, research, teaching or chemical 10
analysis and not for sale. 11
Sec. 5.5. NRS 453.126 is hereby amended to read as follows: 12
453.126 “Practitioner” means: 13
1. A physician, dentist, veterinarian or podiatric physician who 14
holds a license to practice his or her profession in this State and is 15
registered pursuant to this chapter. 16
2. An advanced practice registered nurse who holds a 17
certificate from the State Board of Pharmacy authorizing him or her 18
to dispense or to prescribe and dispense controlled substances. 19
3. A scientific investigator or a pharmacy, hospital or other 20
institution licensed, registered or otherwise authorized in this State 21
to distribute, dispense, conduct research with respect to, to 22
administer, or use in teaching or chemical analysis, a controlled 23
substance in the course of professional practice or research. 24
4. A euthanasia technician who is licensed by the Nevada State 25
Board of Veterinary Medical Examiners and registered pursuant to 26
this chapter, while he or she possesses or administers sodium 27
pentobarbital pursuant to his or her license and registration. 28
5. A physician assistant who: 29
(a) Holds a license from the Board of Medical Examiners; and 30
(b) Is authorized by the Board to possess, administer, prescribe 31
or dispense controlled substances under the supervision of a 32
physician as required by chapter 630 of NRS. 33
6. A physician assistant who: 34
(a) Holds a license from the State Board of Osteopathic 35
Medicine; and 36
(b) Is authorized by the Board to possess, administer, prescribe 37
or dispense controlled substances under the supervision of an 38
osteopathic physician as required by chapter 633 of NRS. 39
7. An optometrist who is certified by the Nevada State Board 40
of Optometry to prescribe and administer pharmaceutical agents 41
pursuant to NRS 636.288, when the optometrist prescribes or 42
administers pharmaceutical agents within the scope of his or her 43
certification. 44
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8. A certified registered nurse anesthetist who orders, 1
prescribes, possesses or administers controlled substances in 2
accordance with section 2.6 of this act. 3
Sec. 5.6. NRS 453.128 is hereby amended to read as follows: 4
453.128 1. “Prescription” means: 5
(a) An order given individually for the person for whom 6
prescribed, directly from a physician, physician assistant licensed 7
pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, 8
optometrist, advanced practice registered nurse , certified registered 9
nurse anesthetist or veterinarian, or his or her agent, to a pharmacist 10
or indirectly by means of an order signed by the practitioner or an 11
electronic transmission from the practitioner to a pharmacist; or 12
(b) A chart order written for an inpatient specifying drugs which 13
he or she is to take home upon his or her discharge. 14
2. The term does not include a chart order written for an 15
inpatient for use while he or she is an inpatient. 16
Sec. 5.7. NRS 453.226 is hereby amended to read as follows: 17
453.226 1. Every practitioner or other person who dispenses 18
any controlled substance within this State or who proposes to 19
engage in the dispensing of any controlled substance within this 20
State shall obtain biennially a registration issued by the Board in 21
accordance with its regulations. A person must present proof that he 22
or she is authorized to access the database of the program 23
established pursuant to NRS 453.162 before the Board may issue or 24
renew a registration. 25
2. A person registered by the Board in accordance with the 26
provisions of NRS 453.011 to 453.552, inclusive, and section 5.2 of 27
this act to dispense or conduct research with controlled substances 28
may possess, dispense or conduct research with those substances to 29
the extent authorized by the registration and in conformity with the 30
other provisions of those sections. 31
3. The following persons are not required to register and may 32
lawfully possess and distribute controlled substances pursuant to the 33
provisions of NRS 453.011 to 453.552, inclusive [:] , and section 34
5.2 of this act: 35
(a) An agent or employee of a registered dispenser of a 36
controlled substance if he or she is acting in the usual course of his 37
or her business or employment; 38
(b) A common or contract carrier or warehouseman, or an 39
employee thereof, whose possession of any controlled substance is 40
in the usual course of business or employment; 41
(c) An ultimate user or a person in possession of any controlled 42
substance pursuant to a lawful order of a physician, physician 43
assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, 44
advanced practice registered nurse, certified registered nurse 45
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anesthetist, podiatric physician or veterinarian or in lawful 1
possession of a schedule V substance; or 2
(d) A physician who: 3
(1) Holds a locum tenens license issued by the Board of 4
Medical Examiners or a temporary license issued by the State Board 5
of Osteopathic Medicine; and 6
(2) Is registered with the Drug Enforcement Administration 7
at a location outside this State. 8
4. The Board may waive the requirement for registration of 9
certain dispensers if it finds it consistent with the public health and 10
safety. 11
5. A separate registration is required at each principal place of 12
business or professional practice where the applicant dispenses 13
controlled substances. 14
6. The Board may inspect the establishment of a registrant or 15
applicant for registration in accordance with the Board’s regulations. 16
Sec. 5.75. NRS 453.336 is hereby amended to read as follows: 17
453.336 1. Except as otherwise provided in subsection 6, a 18
person shall not knowingly or intentionally possess a controlled 19
substance, unless the substance was obtained directly from, or 20
pursuant to, a prescription or order of a physician, physician 21
assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, 22
podiatric physician, optometrist, advanced practice registered nurse , 23
certified registered nurse anesthetist or veterinarian while acting in 24
the course of his or her professional practice, or except as otherwise 25
authorized by the provisions of NRS 453.005 to 453.552, inclusive 26
[.] , and section 5.2 of this act. 27
2. Except as otherwise provided in subsections 3, 4 and 5 and 28
in NRS 453.3363, and unless a greater penalty is provided in NRS 29
212.160, 453.3385 or 453.339, a person who violates this section: 30
(a) For a first or second offense, if the controlled substance is 31
listed in schedule I or II and the quantity possessed is less than 14 32
grams, or if the controlled substance is listed in schedule III, IV or V 33
and the quantity possessed is less than 28 grams, is guilty of 34
possession of a controlled substance and shall be punished for a 35
category E felony as provided in NRS 193.130. In accordance with 36
NRS 176.211, the court shall defer judgment upon the consent of the 37
person. 38
(b) For a third or subsequent offense, if the controlled substance 39
is listed in schedule I or II and the quantity possessed is less than 14 40
grams, or if the controlled substance is listed in schedule III, IV or V 41
and the quantity possessed is less than 28 grams, or if the offender 42
has previously been convicted two or more times in the aggregate of 43
any violation of the law of the United States or of any state, territory 44
or district relating to a controlled substance, is guilty of possession 45
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of a controlled substance and shall be punished for a category D 1
felony as provided in NRS 193.130, and may be further punished by 2
a fine of not more than $20,000. 3
(c) If the controlled substance is listed in schedule I or II and the 4
quantity possessed is 14 grams or more, but less than 28 grams, or if 5
the controlled substance is listed in schedule III, IV or V and the 6
quantity possessed is 28 grams or more, but less than 200 grams, is 7
guilty of low-level possession of a controlled substance and shall be 8
punished for a category C felony as provided in NRS 193.130. 9
(d) If the controlled substance is listed in schedule I or II and the 10
quantity possessed is 28 grams or more, but less than 42 grams, or if 11
the controlled substance is listed in schedule III, IV or V and the 12
quantity possessed is 200 grams or more, is guilty of mid-level 13
possession of a controlled substance and shall be punished for a 14
category B felony by imprisonment in the state prison for a 15
minimum term of not less than 1 year and a maximum term of not 16
more than 10 years and by a fine of not more than $50,000. 17
(e) If the controlled substance is listed in schedule I or II and the 18
quantity possessed is 42 grams or more, but less than 100 grams, is 19
guilty of high-level possession of a controlled substance and shall be 20
punished for a category B felony by imprisonment in the state prison 21
for a minimum term of not less than 2 years and a maximum term of 22
not more than 15 years and by a fine of not more than $50,000. 23
3. Unless a greater penalty is provided in NRS 212.160, 24
453.337 or 453.3385, a person who is convicted of the possession of 25
flunitrazepam or gamma-hydroxybutyrate, or any substance for 26
which flunitrazepam or gamma-hydroxybutyrate is an immediate 27
precursor, is guilty of a category B felony and shall be punished by 28
imprisonment in the state prison for a minimum term of not less 29
than 1 year and a maximum term of not more than 6 years. 30
4. Unless a greater penalty is provided pursuant to NRS 31
212.160, a person who is convicted of the possession of 1 ounce or 32
less of marijuana is guilty of a misdemeanor and shall be punished 33
by: 34
(a) Performing not more than 24 hours of community service; 35
(b) Attending the live meeting described in paragraph (a) of 36
subsection 2 of NRS 484C.530 and complying with any other 37
requirements set forth in that section; or 38
(c) Being required to undergo an evaluation in accordance with 39
subsection 1 of NRS 484C.350, 40
or any combination thereof. 41
5. Unless a greater penalty is provided pursuant to NRS 42
212.160, a person who is convicted of the possession of more than 1 43
ounce, but less than 50 pounds, of marijuana or more than one-44
eighth of an ounce, but less than one pound, of concentrated 45
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cannabis is guilty of a category E felony and shall be punished as 1
provided in NRS 193.130. 2
6. It is not a violation of this section if a person possesses a 3
trace amount of a controlled substance and that trace amount is in or 4
on a hypodermic device obtained from a sterile hypodermic device 5
program pursuant to NRS 439.985 to 439.994, inclusive. 6
7. The court may grant probation to or suspend the sentence of 7
a person convicted of violating this section. 8
8. If a person fulfills the terms and conditions imposed for a 9
violation of subsection 4, the court shall, without a hearing, order 10
sealed all documents, papers and exhibits in that person’s record, 11
minute book entries and entries on dockets, and other documents 12
relating to the case in the custody of such other agencies and 13
officers as are named in the court’s order. The court shall cause a 14
copy of the order to be sent to each agency or officer named in the 15
order. Each such agency or officer shall notify the court in writing 16
of its compliance with the order. 17
9. As used in this section: 18
(a) “Controlled substance” includes flunitrazepam, gamma-19
hydroxybutyrate and each substance for which flunitrazepam or 20
gamma-hydroxybutyrate is an immediate precursor. 21
(b) “Marijuana” does not include concentrated cannabis. 22
(c) “Sterile hypodermic device program” has the meaning 23
ascribed to it in NRS 439.986. 24
Sec. 5.8. NRS 453.381 is hereby amended to read as follows: 25
453.381 1. In addition to the limitations imposed by NRS 26
453.256 and 453.3611 to 453.3648, inclusive, a physician, physician 27
assistant, dentist, advanced practice registered nurse , certified 28
registered nurse anesthetist or podiatric physician may prescribe or 29
administer controlled substances only for a legitimate medical 30
purpose and in the usual course of his or her professional practice, 31
and he or she shall not prescribe, administer or dispense a controlled 32
substance listed in schedule II for himself or herself, his or her 33
spouse or his or her children except in cases of emergency. 34
2. A veterinarian, in the course of his or her professional 35
practice only, and not for use by a human being, may prescribe, 36
possess and administer controlled substances, and the veterinarian 37
may cause them to be administered by a veterinary technician under 38
the direction and supervision of the veterinarian. 39
3. A euthanasia technician, within the scope of his or her 40
license, and not for use by a human being, may possess and 41
administer sodium pentobarbital. 42
4. A pharmacist shall not fill an order which purports to be a 43
prescription if the pharmacist has reason to believe that it was not 44
issued in the usual course of the professional practice of a physician, 45
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physician assistant, dentist, advanced practice registered nurse, 1
certified registered nurse anesthetist, podiatric physician or 2
veterinarian. 3
5. Any person who has obtained from a physician, physician 4
assistant, dentist, advanced practice registered nurse, certified 5
registered nurse anesthetist, podiatric physician or veterinarian any 6
controlled substance for administration to a patient during the 7
absence of the physician, physician assistant, dentist, advanced 8
practice registered nurse, certified registered nurse anesthetist, 9
podiatric physician or veterinarian shall return to him or her any 10
unused portion of the substance when it is no longer required by the 11
patient. 12
6. A manufacturer, wholesale supplier or other person legally 13
able to furnish or sell any controlled substance listed in schedule II 14
shall not provide samples of such a controlled substance to 15
registrants. 16
7. A salesperson of any manufacturer or wholesaler of 17
pharmaceuticals shall not possess, transport or furnish any 18
controlled substance listed in schedule II. 19
8. A person shall not dispense a controlled substance in 20
violation of a regulation adopted by the Board. 21
Sec. 5.85. NRS 453.391 is hereby amended to read as follows: 22
453.391 A person shall not: 23
1. Unlawfully take, obtain or attempt to take or obtain a 24
controlled substance or a prescription for a controlled substance 25
from a manufacturer, wholesaler, pharmacist, physician, physician 26
assistant, dentist, advanced practice registered nurse, certified 27
registered nurse anesthetist, veterinarian or any other person 28
authorized to administer, dispense or possess controlled substances. 29
2. While undergoing treatment and being supplied with any 30
controlled substance or a prescription for any controlled substance 31
from one practitioner, knowingly obtain any controlled substance or 32
a prescription for a controlled substance from another practitioner 33
without disclosing this fact to the second practitioner. 34
Sec. 5.9. NRS 454.00958 is hereby amended to read as 35
follows: 36
454.00958 “Practitioner” means: 37
1. A physician, dentist, veterinarian or podiatric physician who 38
holds a valid license to practice his or her profession in this State. 39
2. A pharmacy, hospital or other institution licensed or 40
registered to distribute, dispense, conduct research with respect to or 41
to administer a dangerous drug in the course of professional practice 42
in this State. 43
3. When relating to the prescription of poisons, dangerous 44
drugs and devices: 45
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(a) An advanced practice registered nurse who holds a certificate 1
from the State Board of Pharmacy permitting him or her so to 2
prescribe; or 3
(b) A physician assistant who holds a license from the Board of 4
Medical Examiners and a certificate from the State Board of 5
Pharmacy permitting him or her so to prescribe. 6
4. An optometrist who is certified to prescribe and administer 7
pharmaceutical agents pursuant to NRS 636.288 when the 8
optometrist prescribes or administers dangerous drugs which are 9
within the scope of his or her certification. 10
5. A certified registered nurse anesthetist who orders, 11
prescribes, possesses or administers poisons, dangerous drugs or 12
devices in accordance with section 2.6 of this act. 13
Sec. 6. 1. The provisions of NRS 631.115, 633.171, 635.015 14
and 636.027, as amended by sections 1, 3, 4 and 5 of this act, 15
respectively, and section 2.2 of this act apply to any conduct that: 16
(a) Occurred before, on or after the effective date of this section; 17
and 18
(b) Has not been the subject of a final order of a regulatory 19
body. 20
2. A regulatory body shall terminate any investigation or 21
disciplinary proceedings: 22
(a) Against a person permitted to practice any healing art under 23
title 54 of NRS for conduct outside the scope of the regulatory body; 24
or 25
(b) Which are otherwise inconsistent with the amendatory 26
provisions of this act. 27
3. As used in this section: 28
(a) “Healing art” has the meaning ascribed to it in 29
NRS 630.0122. 30
(b) “Regulatory body” means the Board of Dental Examiners of 31
Nevada, the State Board of Nursing, the State Board of Osteopathic 32
Medicine, the State Board of Podiatry and the Nevada State Board 33
of Optometry. 34
Sec. 7. 1. This section and sections 1, 2, 2.2, 3, 4, 5 and 6 of 35
this act become effective upon passage and approval. 36
2. Sections 2.4, 2.6, 2.8 and 5.1 to 5.9, inclusive, of this act 37
become effective: 38
(a) Upon passage and approval for the purpose of adopting any 39
regulations and performing any other preparatory administrative 40
tasks that are necessary to carry out the provisions of this act; and 41
(b) On January 1, 2024, for all other purposes. 42
H