Sec. 2.
1. A practitioner whose electronic health records are integrated with the records of patients in the database of the computerized program established pursuant to NRS 453.162 shall:
(a) Maintain the electronic health records in conformance with all applicable federal and state laws;
(b) Maintain a record of access to the database of the computerized program and the retrieval of patient utilization reports from that database; and
(c) Retain the records described in paragraph (b) as a health care record in accordance with NRS 629.051 to 629.069, inclusive, in a manner that is easily retrievable upon the request of the Board or a representative thereof.
2. A person designated as a delegate pursuant to NAC 453.070 or 453.074 or section 2 of LCB File No. R035-19 is not authorized to access the database of the computerized program established pursuant to NRS 453.162 using electronic health records.
3. As used in this section, "electronic health record" has the meaning ascribed to it in NRS 453.162.
Sec. 3.
The Board will provide Internet access to the database of the computerized program established pursuant to NRS 453.162 for the purpose of obtaining patient utilization reports to:
1. Employees of the United States Department of Veterans Affairs who are authorized to access such reports under the provisions of 38 U.S.C. § 1730B;
2. Persons who are authorized to access such a report under Medicaid pursuant to 42 U.S.C. § 1396r-8(g) or 1396w-3a; and
3. Persons who are authorized to access reports under the provisions of a written agreement entered into pursuant to subsection 2 of NRS 453.163.
Sec. 4.
1. The PMP AWARxE Requestor User Support Manual: Nevada Prescription Monitoring Program, published by Appriss Health, is hereby adopted by reference. A copy of the publication is available, free of charge, from the Board at the Internet address https://bop.nv.gov/uploadedFiles/bopnvgov/content/Links/NV%20Requestor%20User%20Sup port%20Manual_v2.1_020921_FINAL.pdf.
2. The Board will periodically review the publication adopted by reference in subsection 1 and determine, within 120 days after the review, whether any change made to the publication is appropriate for application in this State. If the Board does not disapprove a change to the publication within 120 days after the review, the change is deemed to be approved by the Board.
3. Each person required or authorized to receive Internet access to the database of the computerized program pursuant to NRS 453.164, 453.1645 or 453.165:
(a) Must read the publication adopted by reference in subsection 1 before the Board will provide the person with Internet access to the database. Compliance with this paragraph satisfies the requirement prescribed by subsection 5 of NRS 453.164 to complete a course of training developed by the Board and the Division.
(b) Shall comply with the publication adopted by reference in subsection 1 when using the database.
453.065 1. A practitioner or other person who is required to register with the Board pursuant to subsection 1 of NRS 453.226 to dispense controlled substances must also enroll with the Board pursuant to this section for Internet access to the database of the computerized program established pursuant to NRS 453.162.
2. An employee of a law enforcement agency who intends to regularly access the database of the computerized program established pursuant to NRS 453.162 for the purposes described in NRS 453.165 may enroll with the Board pursuant to this section.
3. To enroll pursuant to this section for Internet access to the database ,of the computerized program established pursuant to NRS 453.162, the practitioner or other person or employee of a law enforcement agency must apply to the Board on an application provided by the Board. For purposes of subsection 1 of NRS 453.226, the Board will deem such enrollment as proof that the practitioner or other person is authorized to access the database. An application submitted by an employee of a law enforcement agency pursuant to this subsection must be accompanied by the certification required by subsection 2 of NRS 453.165.
3.
4. An employee of a law enforcement agency who is not enrolled pursuant to this section may obtain a patient utilization report pursuant to NRS 639.23507 or a summary of a practitioner's prescribing history from the database of the computerized program established pursuant to NRS 453.162 for use in an investigation if he or she submits the certification required by subsection 2 of NRS 453.165.
5. Access to the database of the computerized program established pursuant to NRS 453.162 is a revocable privilege, and no holder of such access to the database of the program acquires any vested right therein or thereunder.