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 HERE 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 .