Nevada Regulations
Board of Pharmacy
Vol. 286, Nevada Register of Administrative Regulations 2021-12-26
PUBLICATION DATE: 12/26/2021
ACTION DATE: 12/22/2021
EFFECTIVE DATE: 12/22/2021
PUBLICATION TYPE: Centralized Repository
REGISTER SOURCE: Vol. 286, Nevada Register of Administrative Regulations 2021-12-06
PARTIAL ACTION: NAC 453.010
PUBLICATION DATE: 12/06/2021
ACTION DATE: 12/01/2021
PUBLICATION TYPE: Centralized Repository
REGISTER SOURCE: Vol. 282, Nevada Register of Administrative Regulations 2021-08-17
PUBLICATION DATE: 08/17/2021
ACTION DATE: 08/17/2021
PUBLICATION TYPE: Centralized Repository
REGISTER SOURCE: Vol. 281, Nevada Register of Administrative Regulations 2021-07-13
PUBLICATION DATE: 07/13/2021
ACTION DATE: 07/13/2021
PUBLICATION TYPE: Centralized Repository
REGISTER SOURCE: Vol. 278, Nevada Register of Administrative Regulations 2021-03-29
PUBLICATION DATE: 03/29/2021
ACTION DATE: 03/12/2021
PUBLICATION TYPE: Centralized Repository

APPROVED REGULATION OF THE

STATE BOARD OF PHARMACY

LCB File No. R008-21

Filed December 22, 2021

AUTHORITY: Sections 1-4, NRS 453.162, 639.070, as amended by section 3 of Senate Bill No. 408, chapter 218, Statutes of Nevada 2021, at page 1016, and NRS 639.23916; § 5, NRS 453.162, 453.165 and 639.070, as amended by section 3 of Senate Bill No. 408, chapter 218, Statutes of Nevada 2021, at page 1016, and NRS 639.23916.

A REGULATION relating to pharmacy; prescribing requirements governing the integration of electronic health records with the records of patients in the database of the computerized program to track prescriptions for controlled substances; providing that certain persons and agencies have Internet access to that database; requiring a person to read the user support manual for the database before he or she is granted access to the database and comply with the manual when using the database; prescribing the procedures for an employee of a law enforcement agency to obtain access to the database; and providing other matters properly relating thereto.

Legislative Counsel's Digest:

Existing law requires the State Board of Pharmacy and the Investigation Division of the Department of Public Safety to cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III, IV or V. Existing law requires the computerized program to include, to the extent that money is available, the ability to integrate the records of patients in the database of the computerized program with the electronic health records of practitioners. If that ability is included, existing law requires any person or entity that provides a system for the maintenance of electronic health records to a practitioner to ensure that the system includes, as a function of the system, the ability to integrate the records of patients in the database of the computerized program into the electronic health records of the practitioner. (NRS 453.162) Section 2 of this regulation: (1) requires a practitioner whose electronic health records are integrated with the records in the database of the computerized program to maintain certain records; and (2) prohibits certain persons designated to access the database of the computerized program from accessing that database through electronic health records. Section 3 of this regulation provides that the Board will provide Internet access to the database of the computerized program to: (1) certain persons authorized to access such a database under federal law; and (2) certain agencies of other states with which the Board and the Division have entered into an information-sharing agreement.

Existing law requires persons who are required to access the database of the computerized program to complete a course of training developed by the Board and the Division. (NRS 453.164) Section 4 of this regulation adopts by reference a user support manual for the database, requires such a person to read and comply with that user support manual and provides that reading the manual satisfies the training requirement.

Existing law requires the Board to allow an employee of a law enforcement agency to access the database of the computerized program if the employer certifies that the employee has been approved for such access and has completed the required course of training. Such an employee of a law enforcement agency is authorized to access the database only to: (1) investigate a crime related to prescription drugs; or (2) upload certain information obtained during an investigation to the database. (NRS 453.165) Section 5 of this regulation authorizes an employee of a law enforcement agency who meets the requirements for access to the database to: (1) enroll with the Board to have ongoing access; or (2) access the database without enrolling to obtain a patient utilization report or a summary of a practitioner's prescribing history for use in a particular investigation.

Section 1. Chapter 453 of NAC is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this regulation.

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.

Sec. 5. NAC 453.065 is hereby amended to read as follows:

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.