Removal of DATA Waiver Requirement for Opioid Use Disorder Prescriptions

Removal of DATA Waiver Requirement for Opioid Use Disorder Prescriptions

ArrayRx

Nevada has joined other states to make the drug discount card program ArrayRx available to consumers: more info available at https://gov.nv.gov/News/Press/2022/2022-09-22_prescription-discount-card/  

ArrayRx FAQs: https://gov.nv.gov/uploadedFiles/govnewnvgov/Content/News/Press/2022attachments/ArrayRX_English.pdf

Electronic Prescribing Mandate for Controlled Substances

NRS 639.23535 requires that all controlled substance prescriptions MUST be transmitted to a pharmacy by electronic prescribing (“e-prescribing”). While NRS 639.23535 took effect January 1, 2021, the Nevada State Board of Pharmacy (Board) provided an exemption for practitioners by regulation; see https://www.leg.state.nv.us/Register/2020Register/R083-20AP.pdf. The Law mandated that this exemption expires on December 31, 2021.


Starting January 1, 2022, all controlled substance prescriptions MUST be transmitted to a pharmacy by electronic prescribing. The requirements do not apply to a prescription:


a) Issued by a veterinarian;
b) Issued under circumstances where:
    1. Electronic transmission is unavailable due to technologic or electronic failure; or
    2. The drug will be dispensed at a pharmacy located outside of this State;
c) Issued by a practitioner who will also dispense the drug;
d) For which electronic prescribing is prohibited by federal law;
e) Issued pursuant to a protocol for research; or
f) Issued under circumstances in which the practitioner determines that:
    1. The patient is unable to obtain the drug in a timely manner if the prescription is given by electronic transmission; and
    2. Delay will adversely affect the patient’s medical condition.

Pharmacists are NOT required to verify that a controlled substance prescription submitted by method other than e-prescribing meets one of the above exceptions. NRS 639.23535(4).

Pharmacists MAY NOT require a practitioner to verify that a controlled substance prescription submitted by a method other than e-prescribing meets one of the above exceptions. NRS 639.23535(4).


A practitioner MUST utilize an approved e-prescribing software listed at https://bop.nv.gov/resources/ALL/Approved_E-Prescribing_Systems/ to transmit controlled substance prescriptions to a pharmacy. E-prescribing software not on the approved list MUST be approved by the Board before a practitioner may utilize that software. See NAC 639.7102 and the application located at https://bop.nv.gov/Resources/FAQ/Electronic_Prescriptions_FAQ/.

Frequently asked questions about the e-prescribing mandate are answered at the following https://bop.nv.gov/uploadedFiles/bopnvgov/content/Resources/ALL/FREQUENTLY%20ASKED%20QUESTIONS%20E-PRESCRIBE.pdf.

COVID-19:

COVID-19 Response Efforts 

For more information on the state’s efforts to address coronavirus, visit www.nvhealthresponse.nv.gov.

The Nevada State Board of Pharmacy Mission Statement:

In regulating the practice of pharmacy, The Nevada State Board of Pharmacy has a duty to carry out and enforce the provisions of Nevada law to protect the health, safety and welfare of the public.

Attention:

The Reno Board Office has relocated to 985 Damonte Ranch Pkwy Ste 206, Reno, NV, 89521.

Certificates are being emailed as they are processed. We no longer mail physical certificates. If you renewed online you may log back into your dashboard to reprint your certificate. Below is a link to log into your dashboard.

https://online.nvbop.org/

Guidelines for the Safe Prescribing of a Controlled Substance for Pain

Current Nevada Law requires prescribers to obtain informed consent from patients regarding the potential risks of treatment using a controlled substance.  On September 23, 2014, the National Transportation Safety Board safety study, Drug Use Trends in Aviation: Assessing the Risk of Pilot Impairment, issued Safety Recommendation I-14-1 that prescribers of controlled substances for pain:

[D]iscuss with patients the effect their medical condition and medication use may have on their ability to safely operate a vehicle in any mode of transportation.

Prescribing practitioners should conform to Safety Recommendation I-14-1 when issuing prescriptions for controlled substances to Nevada patients in accordance with the provisions of NRS 639.23507 and 639.2391 to 639.23916, inclusive, and all applicable regulations.  See, e.g., NAC 630.187.

Funding

The Nevada State Board of Pharmacy is funded from license fees collected from our licensees. The Nevada State Board of Pharmacy does not receive funds from the State General Fund.