- 82nd Session (2023)
Senate Bill No. 336–Senators Ohrenschall and Stone
CHAPTER..........
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
practice registered nurse, podiatric physician or optometrist to prescribe and
dispense controlled substances and dangerous drugs under certain circumstances.
(NRS 453.226, 454.215, 639.235) Existing law provides that provisions of existing
law governing the practice of physicians, physician assistants, perfusionists and
practitioners of respiratory care do not apply to any person permitted to practice
any other healing art under title 54 of NRS who does so within the scope of that
authority. (NRS 630.047) Sections 1, 2.2 and 3-5 of this bill provide similar
exemptions from provisions governing dentists, nurses, osteopathic physicians and
physician assistants, podiatrists and optometrists for practitioners of healing arts
who are acting within the scope of their authority. Section 6 of this bill provides
that the provisions of sections 1, 2.2 and 3-5 apply to any conduct by a practitioner
of a healing art before, on or after the effective date of this bill which has not been
the subject of a final order from the Board of Dental Examiners of Nevada, the
State Board of Nursing, the State Board of Osteopathic Medicine, the State Board
of Podiatry or the Nevada State Board of Optometry. Section 6 also requires those
boards to terminate any investigation or disciplinary proceedings for conduct that is
outside the scope of those boards.
Existing law: (1) provides for the certification of certified registered nurse
anesthetists by the State Board of Nursing; and (2) authorizes a certified registered
nurse anesthetist to administer anesthetic agents to a person under the care of a
licensed physician, dentist or podiatric physician. (NRS 632.014) Section 2.4 of
this bill requires the State Board of Nursing to issue a certificate of registration to
practice as a certified registered nurse anesthetist to a registered nurse who meets
the requirements prescribed by existing law for such certification and any
additional requirements prescribed by the Board. Section 2.4 also requires the
Board to adopt regulations governing certified registered nurse anesthetists.
Existing law authorizes a registered nurse to possess and administer controlled
substances and dangerous drugs under certain circumstances. (NRS 453.375,
454.213) Sections 2.6, 5.1, 5.5 and 5.9 of this bill additionally authorize a certified
registered nurse anesthetist working under the supervision of a physician licensed
to practice medicine or osteopathic medicine in this State to order, prescribe,
possess and administer controlled substances, poisons, dangerous drugs and devices
to treat a person under the care of a licensed physician in a critical access hospital
before, during and after surgery or childbirth. Sections 5.2-5.4 and 5.6-5.85 of this
bill make additional changes necessary to authorize a certified registered nurse
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anesthetist to order, prescribe, possess and administer controlled substances,
poisons, dangerous drugs and devices in such circumstances. A certified registered
nurse anesthetist who unlawfully possesses, prescribes or administers a controlled
substance, dangerous drug or poison would be subject to discipline and criminal
and civil penalties to the same extent as other practitioners who unlawfully possess,
prescribe or administer such drugs. (NRS 453.236, 453.305, 453.326, 453.3363,
453.553, 454.170, 454.356)
Section 2.8 of this bill makes a conforming change to remove a provision now
duplicated in section 2.4.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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:
631.115 1. Except as otherwise provided in subsection 2 of
NRS 631.317, this chapter does not apply to:
[1.] (a) A legally qualified physician or surgeon unless he or
she practices dentistry as a specialty.
[2.] (b) A dentist, dental hygienist or dental therapist of the
United States Army, Navy, Air Force, Public Health Service, Coast
Guard or Department of Veterans Affairs in the discharge of his or
her official duties, including, without limitation, providing medical
care in a hospital in accordance with an agreement entered into
pursuant to NRS 449.2455.
(c) Any person permitted to practice any other healing art
under this title who does so within the scope of that authority.
2. As used in this section, “healing art” has the meaning
ascribed to it in NRS 630.0122.
Sec. 2. Chapter 632 of NRS is hereby amended by adding
thereto the provisions set forth as section 2.2, 2.4 and 2.6 of this act.
Sec. 2.2. 1. Except as otherwise provided in NRS 632.472,
this chapter does not apply to any person permitted to practice any
other healing art under this title who does so within the scope of
that authority.
2. As used in this section, “healing art” has the meaning
ascribed to it in NRS 630.0122.
Sec. 2.4. 1. The Board shall issue a certificate of
registration to practice as a certified registered nurse anesthetist to
an applicant who:
(a) Has successfully completed a nationally accredited
program in the science of anesthesia; and
(b) Meets any additional requirements prescribed by the Board
pursuant to subsection 2.
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2. The Board shall adopt regulations to carry out the
provisions of this section and section 2.6 of this act, including,
without limitation, regulations:
(a) Specifying any additional training, education and
experience necessary for certification as a certified registered
nurse anesthetist;
(b) Delineating the authorized scope of practice of a certified
registered nurse anesthetist; and
(c) Establishing the procedure to apply for certification as a
certified registered nurse anesthetist.
Sec. 2.6. 1. A certified registered nurse anesthetist may:
(a) Under the supervision of a physician licensed pursuant to
chapter 630 or 633 of NRS, order, prescribe, possess and
administer controlled substances, poisons, dangerous drugs and
devices to treat a patient under the care of a licensed physician in
a critical access hospital in preparation for surgery or childbirth,
during surgery or childbirth and while a patient recovers from
surgery or childbirth.
(b) Possess and administer controlled substances, poisons,
dangerous drugs and devices in other circumstances under which
a registered nurse is authorized to possess and administer
controlled substances, poisons, dangerous drugs and devices.
2. A certified registered nurse anesthetist shall not order or
prescribe a controlled substance, poison, dangerous drug or device
except as authorized by paragraph (a) of subsection 1.
3. As used in this section, “critical access hospital” means a
hospital which has been certified as a critical access hospital by
the Secretary of Health and Human Services pursuant to 42
U.S.C. 1395i-4(e).
Sec. 2.8. NRS 632.014 is hereby amended to read as follows:
632.014 “Certified registered nurse anesthetist” means a
registered nurse who [:
1. Has completed a nationally accredited program in the
science of anesthesia; and
2. Is] is certified by the Board pursuant to section 2.4 of this
act to administer anesthetic agents to a person under the care of a
licensed physician, a licensed dentist or a licensed podiatric
physician.
Sec. 3. NRS 633.171 is hereby amended to read as follows:
633.171 1. This chapter does not apply to:
(a) The practice of medicine or perfusion pursuant to chapter
630 of NRS, dentistry, chiropractic, podiatry, optometry, respiratory
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care, faith or Christian Science healing, nursing, veterinary medicine
or fitting hearing aids.
(b) A medical officer of the Armed Forces or a medical officer
of any division or department of the United States in the discharge
of his or her official duties, including, without limitation, providing
medical care in a hospital in accordance with an agreement entered
into pursuant to NRS 449.2455.
(c) Osteopathic physicians who are called into this State, other
than on a regular basis, for consultation or assistance to a physician
licensed in this State, and who are legally qualified to practice in the
state where they reside.
(d) Osteopathic physicians who are temporarily exempt from
licensure pursuant to NRS 633.420 and are practicing osteopathic
medicine within the scope of the exemption.
(e) The performance of medical services by a student enrolled in
an educational program for a physician assistant which is accredited
by the Accreditation Review Commission on Education for the
Physician Assistant, Inc., or its successor organization, as part of
such a program.
(f) A physician assistant of any division or department of the
United States in the discharge of his or her official duties unless
licensure by a state is required by the division or department of the
United States.
(g) Any person permitted to practice any other healing art
under this title who does so within the scope of that authority.
2. This chapter does not repeal or affect any law of this State
regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in cases of emergency.
(b) The domestic administration of family remedies.
Sec. 4. NRS 635.015 is hereby amended to read as follows:
635.015 1. This chapter does not apply:
(a) To commissioned surgeons of the United States Army, Navy
or Marine Hospital Service in the actual performance of their
official duties, including, without limitation, providing medical care
in a hospital in accordance with an agreement entered into pursuant
to NRS 449.2455.
(b) To physicians licensed in the State of Nevada.
(c) To any person permitted to practice any other healing art
under this title who does so within the scope of that authority.
2. This chapter does not prohibit the manufacture,
recommendation, advertisement, demonstration or sale of arch-
support shoes, foot appliances or remedies by retail dealers.
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3. As used in this section, “healing art” has the meaning
ascribed to it in NRS 630.0122.
Sec. 5. NRS 636.027 is hereby amended to read as follows:
636.027 This chapter:
1. Applies to any person who is licensed to practice optometry
pursuant to this chapter and any other person engaged in the practice
of optometry in this State.
2. Must not be construed to apply to [physicians] :
(a) Physicians and surgeons duly licensed to practice in this
State.
(b) Any person permitted to practice any other healing art
under this title who does so within the scope of that authority.
3. As used in this section, “healing art” has the meaning
ascribed to it in NRS 630.0122.
Sec. 5.1. NRS 639.0125 is hereby amended to read as follows:
639.0125 “Practitioner” means:
1. A physician, dentist, veterinarian or podiatric physician who
holds a license to practice his or her profession in this State;
2. A hospital, pharmacy or other institution licensed, registered
or otherwise permitted to distribute, dispense, conduct research with
respect to or administer drugs in the course of professional practice
or research in this State;
3. An advanced practice registered nurse who has been
authorized to prescribe controlled substances, poisons, dangerous
drugs and devices;
4. A physician assistant who:
(a) Holds a license issued by the Board of Medical Examiners;
and
(b) Is authorized by the Board to possess, administer, prescribe
or dispense controlled substances, poisons, dangerous drugs or
devices under the supervision of a physician as required by chapter
630 of NRS;
5. A physician assistant who:
(a) Holds a license issued by the State Board of Osteopathic
Medicine; and
(b) Is authorized by the Board to possess, administer, prescribe
or dispense controlled substances, poisons, dangerous drugs or
devices under the supervision of an osteopathic physician as
required by chapter 633 of NRS; or
6. An optometrist who is certified by the Nevada State Board
of Optometry to prescribe and administer pharmaceutical agents
pursuant to NRS 636.288, when the optometrist prescribes or
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administers pharmaceutical agents within the scope of his or her
certification.
7. A certified registered nurse anesthetist who orders,
prescribes, possesses or administers controlled substances,
poisons, dangerous drugs or devices in accordance with section
2.6 of this act.
Sec. 5.2. Chapter 453 of NRS is hereby amended by adding
thereto a new section to read as follows:
“Certified registered nurse anesthetist” has the meaning
ascribed to it in NRS 632.014.
Sec. 5.25. NRS 453.016 is hereby amended to read as follows:
453.016 As used in this chapter, the words and terms defined
in NRS 453.021 to 453.141, inclusive, and section 5.2 of this act
have the meanings ascribed to them in those sections except in
instances where the context clearly indicates a different meaning.
Sec. 5.3. NRS 453.038 is hereby amended to read as follows:
453.038 “Chart order” means an order entered on the chart of a
patient:
1. In a hospital, facility for intermediate care or facility for
skilled nursing which is licensed as such by the Division of Public
and Behavioral Health of the Department; or
2. Under emergency treatment in a hospital by a physician,
advanced practice registered nurse, certified registered nurse
anesthetist, dentist or podiatric physician, or on the written or oral
order of a physician, physician assistant licensed pursuant to chapter
630 or 633 of NRS, advanced practice registered nurse, certified
registered nurse anesthetist, dentist or podiatric physician
authorizing the administration of a drug to the patient.
Sec. 5.4. NRS 453.091 is hereby amended to read as follows:
453.091 1. “Manufacture” means the production, preparation,
propagation, compounding, conversion or processing of a substance,
either directly or indirectly by extraction from substances of natural
origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and includes any
packaging or repackaging of the substance or labeling or relabeling
of its container.
2. “Manufacture” does not include the preparation,
compounding, packaging or labeling of a substance by a pharmacist,
physician, physician assistant licensed pursuant to chapter 630 or
633 of NRS, dentist, podiatric physician, advanced practice
registered nurse , certified registered nurse anesthetist or
veterinarian:
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(a) As an incident to the administering or dispensing of a
substance in the course of his or her professional practice; or
(b) By an authorized agent under his or her supervision, for the
purpose of, or as an incident to, research, teaching or chemical
analysis and not for sale.
Sec. 5.5. NRS 453.126 is hereby amended to read as follows:
453.126 “Practitioner” means:
1. A physician, dentist, veterinarian or podiatric physician who
holds a license to practice his or her profession in this State and is
registered pursuant to this chapter.
2. An advanced practice registered nurse who holds a
certificate from the State Board of Pharmacy authorizing him or her
to dispense or to prescribe and dispense controlled substances.
3. A scientific investigator or a pharmacy, hospital or other
institution licensed, registered or otherwise authorized in this State
to distribute, dispense, conduct research with respect to, to
administer, or use in teaching or chemical analysis, a controlled
substance in the course of professional practice or research.
4. A euthanasia technician who is licensed by the Nevada State
Board of Veterinary Medical Examiners and registered pursuant to
this chapter, while he or she possesses or administers sodium
pentobarbital pursuant to his or her license and registration.
5. A physician assistant who:
(a) Holds a license from the Board of Medical Examiners; and
(b) Is authorized by the Board to possess, administer, prescribe
or dispense controlled substances under the supervision of a
physician as required by chapter 630 of NRS.
6. A physician assistant who:
(a) Holds a license from the State Board of Osteopathic
Medicine; and
(b) Is authorized by the Board to possess, administer, prescribe
or dispense controlled substances under the supervision of an
osteopathic physician as required by chapter 633 of NRS.
7. An optometrist who is certified by the Nevada State Board
of Optometry to prescribe and administer pharmaceutical agents
pursuant to NRS 636.288, when the optometrist prescribes or
administers pharmaceutical agents within the scope of his or her
certification.
8. A certified registered nurse anesthetist who orders,
prescribes, possesses or administers controlled substances in
accordance with section 2.6 of this act.
Sec. 5.6. NRS 453.128 is hereby amended to read as follows:
453.128 1. “Prescription” means:
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(a) An order given individually for the person for whom
prescribed, directly from a physician, physician assistant licensed
pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician,
optometrist, advanced practice registered nurse , certified registered
nurse anesthetist or veterinarian, or his or her agent, to a pharmacist
or indirectly by means of an order signed by the practitioner or an
electronic transmission from the practitioner to a pharmacist; or
(b) A chart order written for an inpatient specifying drugs which
he or she is to take home upon his or her discharge.
2. The term does not include a chart order written for an
inpatient for use while he or she is an inpatient.
Sec. 5.7. NRS 453.226 is hereby amended to read as follows:
453.226 1. Every practitioner or other person who dispenses
any controlled substance within this State or who proposes to
engage in the dispensing of any controlled substance within this
State shall obtain biennially a registration issued by the Board in
accordance with its regulations. A person must present proof that he
or she is authorized to access the database of the program
established pursuant to NRS 453.162 before the Board may issue or
renew a registration.
2. A person registered by the Board in accordance with the
provisions of NRS 453.011 to 453.552, inclusive, and section 5.2 of
this act to dispense or conduct research with controlled substances
may possess, dispense or conduct research with those substances to
the extent authorized by the registration and in conformity with the
other provisions of those sections.
3. The following persons are not required to register and may
lawfully possess and distribute controlled substances pursuant to the
provisions of NRS 453.011 to 453.552, inclusive [:] , and section
5.2 of this act:
(a) An agent or employee of a registered dispenser of a
controlled substance if he or she is acting in the usual course of his
or her business or employment;
(b) A common or contract carrier or warehouseman, or an
employee thereof, whose possession of any controlled substance is
in the usual course of business or employment;
(c) An ultimate user or a person in possession of any controlled
substance pursuant to a lawful order of a physician, physician
assistant licensed pursuant to chapter 630 or 633 of NRS, dentist,
advanced practice registered nurse, certified registered nurse
anesthetist, podiatric physician or veterinarian or in lawful
possession of a schedule V substance; or
(d) A physician who:
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(1) Holds a locum tenens license issued by the Board of
Medical Examiners or a temporary license issued by the State Board
of Osteopathic Medicine; and
(2) Is registered with the Drug Enforcement Administration
at a location outside this State.
4. The Board may waive the requirement for registration of
certain dispensers if it finds it consistent with the public health and
safety.
5. A separate registration is required at each principal place of
business or professional practice where the applicant dispenses
controlled substances.
6. The Board may inspect the establishment of a registrant or
applicant for registration in accordance with the Board’s regulations.
Sec. 5.75. NRS 453.336 is hereby amended to read as follows:
453.336 1. Except as otherwise provided in subsection 6, a
person shall not knowingly or intentionally possess a controlled
substance, unless the substance was obtained directly from, or
pursuant to, a prescription or order of a physician, physician
assistant licensed pursuant to chapter 630 or 633 of NRS, dentist,
podiatric physician, optometrist, advanced practice registered nurse ,
certified registered nurse anesthetist or veterinarian while acting in
the course of his or her professional practice, or except as otherwise
authorized by the provisions of NRS 453.005 to 453.552, inclusive
[.] , and section 5.2 of this act.
2. Except as otherwise provided in subsections 3, 4 and 5 and
in NRS 453.3363, and unless a greater penalty is provided in NRS
212.160, 453.3385 or 453.339, a person who violates this section:
(a) For a first or second offense, if the controlled substance is
listed in schedule I or II and the quantity possessed is less than 14
grams, or if the controlled substance is listed in schedule III, IV or V
and the quantity possessed is less than 28 grams, is guilty of
possession of a controlled substance and shall be punished for a
category E felony as provided in NRS 193.130. In accordance with
NRS 176.211, the court shall defer judgment upon the consent of the
person.
(b) For a third or subsequent offense, if the controlled substance
is listed in schedule I or II and the quantity possessed is less than 14
grams, or if the controlled substance is listed in schedule III, IV or V
and the quantity possessed is less than 28 grams, or if the offender
has previously been convicted two or more times in the aggregate of
any violation of the law of the United States or of any state, territory
or district relating to a controlled substance, is guilty of possession
of a controlled substance and shall be punished for a category D
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felony as provided in NRS 193.130, and may be further punished by
a fine of not more than $20,000.
(c) If the controlled substance is listed in schedule I or II and the
quantity possessed is 14 grams or more, but less than 28 grams, or if
the controlled substance is listed in schedule III, IV or V and the
quantity possessed is 28 grams or more, but less than 200 grams, is
guilty of low-level possession of a controlled substance and shall be
punished for a category C felony as provided in NRS 193.130.
(d) If the controlled substance is listed in schedule I or II and the
quantity possessed is 28 grams or more, but less than 42 grams, or if
the controlled substance is listed in schedule III, IV or V and the
quantity possessed is 200 grams or more, is guilty of mid-level
possession of a controlled substance and shall be punished for a
category B felony by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not
more than 10 years and by a fine of not more than $50,000.
(e) If the controlled substance is listed in schedule I or II and the
quantity possessed is 42 grams or more, but less than 100 grams, is
guilty of high-level possession of a controlled substance and shall be
punished for a category B felony by imprisonment in the state prison
for a minimum term of not less than 2 years and a maximum term of
not more than 15 years and by a fine of not more than $50,000.
3. Unless a greater penalty is provided in NRS 212.160,
453.337 or 453.3385, a person who is convicted of the possession of
flunitrazepam or gamma-hydroxybutyrate, or any substance for
which flunitrazepam or gamma-hydroxybutyrate is an immediate
precursor, is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided pursuant to NRS
212.160, a person who is convicted of the possession of 1 ounce or
less of marijuana is guilty of a misdemeanor and shall be punished
by:
(a) Performing not more than 24 hours of community service;
(b) Attending the live meeting described in paragraph (a) of
subsection 2 of NRS 484C.530 and complying with any other
requirements set forth in that section; or
(c) Being required to undergo an evaluation in accordance with
subsection 1 of NRS 484C.350,
or any combination thereof.
5. Unless a greater penalty is provided pursuant to NRS
212.160, a person who is convicted of the possession of more than 1
ounce, but less than 50 pounds, of marijuana or more than
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one-eighth of an ounce, but less than one pound, of concentrated
cannabis is guilty of a category E felony and shall be punished as
provided in NRS 193.130.
6. It is not a violation of this section if a person possesses a
trace amount of a controlled substance and that trace amount is in or
on a hypodermic device obtained from a sterile hypodermic device
program pursuant to NRS 439.985 to 439.994, inclusive.
7. The court may grant probation to or suspend the sentence of
a person convicted of violating this section.
8. If a person fulfills the terms and conditions imposed for a
violation of subsection 4, the court shall, without a hearing, order
sealed all documents, papers and exhibits in that person’s record,
minute book entries and entries on dockets, and other documents
relating to the case in the custody of such other agencies and
officers as are named in the court’s order. The court shall cause a
copy of the order to be sent to each agency or officer named in the
order. Each such agency or officer shall notify the court in writing
of its compliance with the order.
9. As used in this section:
(a) “Controlled substance” includes flunitrazepam, gamma-
hydroxybutyrate and each substance for which flunitrazepam or
gamma-hydroxybutyrate is an immediate precursor.
(b) “Marijuana” does not include concentrated cannabis.
(c) “Sterile hypodermic device program” has the meaning
ascribed to it in NRS 439.986.
Sec. 5.8. NRS 453.381 is hereby amended to read as follows:
453.381 1. In addition to the limitations imposed by NRS
453.256 and 453.3611 to 453.3648, inclusive, a physician, physician
assistant, dentist, advanced practice registered nurse , certified
registered nurse anesthetist or podiatric physician may prescribe or
administer controlled substances only for a legitimate medical
purpose and in the usual course of his or her professional practice,
and he or she shall not prescribe, administer or dispense a controlled
substance listed in schedule II for himself or herself, his or her
spouse or his or her children except in cases of emergency.
2. A veterinarian, in the course of his or her professional
practice only, and not for use by a human being, may prescribe,
possess and administer controlled substances, and the veterinarian
may cause them to be administered by a veterinary technician under
the direction and supervision of the veterinarian.
3. A euthanasia technician, within the scope of his or her
license, and not for use by a human being, may possess and
administer sodium pentobarbital.
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4. A pharmacist shall not fill an order which purports to be a
prescription if the pharmacist has reason to believe that it was not
issued in the usual course of the professional practice of a physician,
physician assistant, dentist, advanced practice registered nurse,
certified registered nurse anesthetist, podiatric physician or
veterinarian.
5. Any person who has obtained from a physician, physician
assistant, dentist, advanced practice registered nurse, certified
registered nurse anesthetist, podiatric physician or veterinarian any
controlled substance for administration to a patient during the
absence of the physician, physician assistant, dentist, advanced
practice registered nurse, certified registered nurse anesthetist,
podiatric physician or veterinarian shall return to him or her any
unused portion of the substance when it is no longer required by the
patient.
6. A manufacturer, wholesale supplier or other person legally
able to furnish or sell any controlled substance listed in schedule II
shall not provide samples of such a controlled substance to
registrants.
7. A salesperson of any manufacturer or wholesaler of
pharmaceuticals shall not possess, transport or furnish any
controlled substance listed in schedule II.
8. A person shall not dispense a controlled substance in
violation of a regulation adopted by the Board.
Sec. 5.85. NRS 453.391 is hereby amended to read as follows:
453.391 A person shall not:
1. Unlawfully take, obtain or attempt to take or obtain a
controlled substance or a prescription for a controlled substance
from a manufacturer, wholesaler, pharmacist, physician, physician
assistant, dentist, advanced practice registered nurse, certified
registered nurse anesthetist, veterinarian or any other person
authorized to administer, dispense or possess controlled substances.
2. While undergoing treatment and being supplied with any
controlled substance or a prescription for any controlled substance
from one practitioner, knowingly obtain any controlled substance or
a prescription for a controlled substance from another practitioner
without disclosing this fact to the second practitioner.
Sec. 5.9. NRS 454.00958 is hereby amended to read as
follows:
454.00958 “Practitioner” means:
1. A physician, dentist, veterinarian or podiatric physician who
holds a valid license to practice his or her profession in this State.
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2. A pharmacy, hospital or other institution licensed or
registered to distribute, dispense, conduct research with respect to or
to administer a dangerous drug in the course of professional practice
in this State.
3. When relating to the prescription of poisons, dangerous
drugs and devices:
(a) An advanced practice registered nurse who holds a certificate
from the State Board of Pharmacy permitting him or her so to
prescribe; or
(b) A physician assistant who holds a license from the Board of
Medical Examiners and a certificate from the State Board of
Pharmacy permitting him or her so to prescribe.
4. An optometrist who is certified to prescribe and administer
pharmaceutical agents pursuant to NRS 636.288 when the
optometrist prescribes or administers dangerous drugs which are
within the scope of his or her certification.
5. A certified registered nurse anesthetist who orders,
prescribes, possesses or administers poisons, dangerous drugs or
devices in accordance with section 2.6 of this act.
Sec. 6. 1. The provisions of NRS 631.115, 633.171, 635.015
and 636.027, as amended by sections 1, 3, 4 and 5 of this act,
respectively, and section 2.2 of this act apply to any conduct that:
(a) Occurred before, on or after the effective date of this section;
and
(b) Has not been the subject of a final order of a regulatory
body.
2. A regulatory body shall terminate any investigation or
disciplinary proceedings:
(a) Against a person permitted to practice any healing art under
title 54 of NRS for conduct outside the scope of the regulatory body;
or
(b) Which are otherwise inconsistent with the amendatory
provisions of this act.
3. As used in this section:
(a) “Healing art” has the meaning ascribed to it in
NRS 630.0122.
(b) “Regulatory body” means the Board of Dental Examiners of
Nevada, the State Board of Nursing, the State Board of Osteopathic
Medicine, the State Board of Podiatry and the Nevada State Board
of Optometry.
Sec. 7. 1. This section and sections 1, 2, 2.2, 3, 4, 5 and 6 of
this act become effective upon passage and approval.
– 14 –
- 82nd Session (2023)
2. Sections 2.4, 2.6, 2.8 and 5.1 to 5.9, inclusive, of this act
become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
20 ~~~~~ 23