Nevada Legislature Rejects Board of Pharmacy’s Licensing Requirement for Out-of-State Pharmacists

Quarles & Brady LLP

On May 31, 2023, the Nevada Legislature enacted Assembly Bill 107, which reversed the Nevada Board of Pharmacy’s (the “Board”) interpretation that required Nevada pharmacist licensure for out-of-state pharmacists who dispense or compound prescriptions for Nevada patients.

Prior to July 2021, the Board permitted pharmacists to work under the umbrella of a non-resident pharmacy permit without the need for individual licensure. However, in late July 2021, the Board changed its interpretation and began requiring all out-of-state pharmacists who dispense and compound prescriptions into the state to obtain a Nevada pharmacist license. Shortly after this change, the Board created a Temporary Pharmacist Registration Request Application in response to the influx of applications. The Board then sought a formal opinion on the issue from the Nevada Attorney General.

Assembly Bill 107 clarifies that Nevada does not require Nevada licensure for every out-of-state pharmacist who dispenses or compounds a prescription to a patient located in Nevada. The legislation now requires a non-resident pharmacy to submit to the Board “[t]he name of at least one registered pharmacist who practices at the pharmacy, who may be the managing pharmacist or another pharmacist.” This pharmacist will be responsible for any prescription dispensed to a patient located in Nevada and will be responsible for any acts or omissions of pharmacy personnel who are not registered with the Board. In effect, the legislation provides clarity on the individual pharmacist licensure requirement and nullifies the Board’s broad interpretation requiring licensure for out-of-state pharmacists who dispense or compound a prescription for a Nevada patient. The legislation will become effective on October 1, 2023.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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