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.