§ 639.238 — Prescriptions not public records; pharmacists not to divulge contents; exceptions; procedure for providing copy of prescription to authorized persons and other pharmacists

Nevada § 639.238

• Jurisdiction: Nevada
• Title 54: PROFESSIONS, OCCUPATIONS AND BUSINESSES
• Ch. 639: Pharmacists

Text

1. Prescriptions filled and on file in a pharmacy are not a public record. Except as otherwise provided in NRS 439.597 and 639.2357 , a pharmacist shall not divulge the contents of any prescription or provide a copy of any prescription, except to:
(a) The patient for whom the original prescription was issued;
(b) The practitioner who originally issued the prescription;
(c) A practitioner who is then treating the patient;
(d) A member, inspector or investigator of the Board or an inspector of the Food and Drug Administration or an agent of the Investigation Division of the Department of Public Safety;
(e) An agency of state government charged with the responsibility of providing medical care for the patient;
(f) An insurance carrier, on receipt of written authorization signed by the patient or his or her legal guardian, authorizing the release of such information;
(g) Any person authorized by an order of a district court;
(h) Any member, inspector or investigator of a professional licensing board which licenses a practitioner who orders prescriptions filled at the pharmacy;
(i) Other registered pharmacists for the limited purpose of and to the extent necessary for the exchange of information relating to persons who are suspected of:
(1) Misusing prescriptions to obtain excessive amounts of drugs; or
(2) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person;
(j) A peace officer employed by a local government for the limited purpose of and to the extent necessary:
(1) For the investigation of an alleged crime reported by an employee of the pharmacy where the crime was committed; or
(2) To carry out a search warrant or subpoena issued pursuant to a court order; or
(k) A county coroner, medical examiner or investigator employed by an office of a county coroner for the purpose of:
(1) Identifying a deceased person;
(2) Determining a cause of death; or
(3) Performing other duties authorized by law.
2. Any copy of a prescription for a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is issued to a county coroner, medical examiner or investigator employed by an office of a county coroner must be limited to a copy of the prescription filled or on file for:
(a) The person whose name is on the container of the controlled substance or dangerous drug that is found on or near the body of a deceased person; or
(b) The deceased person whose cause of death is being determined.
3. Except as otherwise provided in NRS 639.2357 , any copy of a prescription for a controlled substance or a dangerous drug as defined in chapter 454 of NRS, issued to a person authorized by this section to receive such a copy, must contain all of the information appearing on the original prescription and be clearly marked on its face “Copy, Not Refillable—For Reference Purposes Only.” The copy must bear the name or initials of the registered pharmacist who prepared the copy.
4. If a copy of a prescription for any controlled substance or a dangerous drug as defined in chapter 454 of NRS is furnished to the customer, the original prescription must be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.
5. As used in this section, “peace officer” does not include:
(a) A member of the Police Department of the Nevada System of Higher Education.
(b) A school police officer who is appointed or employed pursuant to NRS 391.281 .

Legislative History

(Added to NRS by 1967, 1662 ; A 1971, 2043 ; 1973, 781 ; 1977, 1281 ; 1979, 1693 ; 1981, 2015 ; 1985, 1998 ; 1987, 1568 ; 1993, 493 ; 1995, 293 ; 2001, 2633 ; 2003, 2290 ; 2005, 181 , 1064 , 2750 ; 2007, 1982 )