Nevada Code § 453.164

Access to database for certain persons, occupational licensing boards, Board and Division; reporting of illegal activity or inappropriate use of controlled substance; exception to avoid interfering with investigation; practitioner required to notify Board of incorrect information in database; confidentiality of information obtained from program; notice of improper access
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1. Except as otherwise provided in this
subsection, the Board shall provide Internet access to the database of the
program established pursuant to NRS 453.162 to an occupational licensing board that licenses any practitioner who is
authorized to write prescriptions for human consumption of controlled
substances listed in schedule II, III, IV or V. An occupational licensing board
that is provided access to the database pursuant to this section may access the
database to investigate a complaint, report or other information that indicates
fraudulent, illegal, unauthorized or otherwise inappropriate activity related
to the prescribing, dispensing or use of a controlled substance. The Board may
terminate the access of an occupational licensing board that accesses the
database for any other purpose.
2. The Board and the Division must have
access to the program established pursuant to NRS
453.162 to identify any suspected fraudulent, illegal, unauthorized or
otherwise inappropriate activity related to the prescribing, dispensing or use
of controlled substances.
3. Except as otherwise provided in
subsection 4, the Board or the Division shall report any activity it reasonably
suspects may:
(a) Indicate fraudulent, illegal, unauthorized or
otherwise inappropriate activity related to the prescribing, dispensing or use
of a controlled substance to the appropriate law enforcement agency or occupational
licensing board and provide the law enforcement agency or occupational
licensing board with the relevant information obtained from the program for
further investigation.
(b) Indicate the inappropriate use by a patient
of a controlled substance to the occupational licensing board of each
practitioner who has prescribed the controlled substance to the patient. Except
as otherwise provided in subsection 1, the occupational licensing board may
access the database of the program established pursuant to NRS 453.162 to determine which
practitioners are prescribing the controlled substance to the patient. The
occupational licensing board may use this information for any purpose it deems necessary,
including, without limitation, alerting a practitioner that a patient may be
fraudulently obtaining a controlled substance or determining whether a
practitioner is engaged in unlawful or unprofessional conduct.
4. The Board or Division may withhold any
report required by subsection 3 if the Board determines that doing so is
necessary to avoid interfering with any pending administrative or criminal
investigation into the suspected fraudulent, illegal, unauthorized or otherwise
inappropriate prescribing, dispensing or use of a controlled substance.
5. The Board and the Division shall
cooperatively develop a course of training for persons who are required or
authorized to receive access to the database of the program pursuant to
subsection 7 or NRS 453.1645 and 453.165 and require each such person to
complete the course of training before the person is provided with Internet
access to the database.
6. Each practitioner who is authorized to
write prescriptions for and each person who is authorized to dispense
controlled substances listed in schedule II, III, IV or V for human consumption
shall complete the course of instruction described in subsection 5. The Board
shall provide Internet access to the database to each such practitioner or
other person who completes the course of instruction.
7. Each practitioner who is authorized to
write prescriptions for human consumption of controlled substances listed in
schedule II, III, IV or V shall, to the extent the program allows, access the
database of the program established pursuant to NRS 453.162 at least once each 6 months to:
(a) Review the information concerning the
practitioner that is listed in the database, including, without limitation,
information concerning prescriptions issued by the practitioner, and notify the
Board if any such information is not correct; and
(b) Verify to the Board that he or she continues
to have access to and has accessed the database as required by this subsection.
8. Information obtained from the program
relating to a practitioner or a patient is confidential and, except as
otherwise provided by this section and NRS
239.0115 , 453.162 and 453.163 , must not be disclosed to any
person. That information must be disclosed:
(a) Upon a request made on a notarized form
prescribed by the Board by a person about whom the information requested
concerns or upon such a request on behalf of that person by his or her
attorney; or
(b) Upon the lawful order of a court of competent
jurisdiction.
9. If the Board, the Division or a law
enforcement agency determines that the database of the program has been
intentionally accessed by a person or for a purpose not authorized pursuant to NRS 453.162 to 453.165 , inclusive, the Board, Division or
law enforcement agency, as applicable, must notify any person whose information
was accessed by an unauthorized person or for an unauthorized purpose.

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