Nevada Code § 630.323

Review and investigation of complaint relating to prescriptions for certain controlled substances; notice to licensee; formal complaint and hearing; referral or postponement of investigation; regulations; explanation or technical advisory bulletin for physicians and physician assistants regarding relevant law
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1. The Executive Director of the Board or
his or her designee shall review and evaluate any complaint or information
received from the Investigation Division of the Department of Public Safety or
the State Board of Pharmacy, including, without limitation, information
provided pursuant to NRS 453.164 , or
from a law enforcement agency, professional licensing board or any other source
indicating that:
(a) A licensee has issued a fraudulent, illegal,
unauthorized or otherwise inappropriate prescription for a controlled substance
listed in schedule II, III or IV;
(b) A pattern of prescriptions issued by a
licensee indicates that the licensee has issued prescriptions in the manner described
in paragraph (a); or
(c) A patient of a licensee has acquired, used or
possessed a controlled substance listed in schedule II, III or IV in a
fraudulent, illegal, unauthorized or otherwise inappropriate manner.
2. If the Executive Director of the Board
or his or her designee receives information described in subsection 1
concerning the licensee, the Executive Director or his or her designee must
notify the licensee as soon as practicable after receiving the information.
3. A review and evaluation conducted
pursuant to subsection 1 must include, without limitation:
(a) A review of relevant information contained in
the database of the program established pursuant to NRS 453.162 ; and
(b) A request for additional relevant information
from the licensee who is the subject of the review and evaluation.
4. If, after a review and evaluation
conducted pursuant to subsection 1, the Executive Director or his or her
designee determines that a licensee may have issued a fraudulent, illegal,
unauthorized or otherwise inappropriate prescription for a controlled substance
listed in schedule II, III or IV, the Board must proceed as if a written
complaint had been filed against the licensee. If, after conducting an
investigation and a hearing in accordance with the provisions of this chapter,
the Board determines that the licensee issued a fraudulent, illegal,
unauthorized or otherwise inappropriate prescription, the Board must impose
appropriate disciplinary action.
5. When deemed appropriate, the Executive
Director of the Board may:
(a) Refer information acquired during a review
and evaluation conducted pursuant to subsection 1 to another professional
licensing board, law enforcement agency or other appropriate governmental
entity for investigation and criminal or administrative proceedings.
(b) Postpone any notification, review or part of
such a review required by this section if he or she determines that it 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.
6. The Board shall:
(a) Adopt regulations providing for disciplinary
action against a licensee for inappropriately prescribing a controlled
substance listed in schedule II, III or IV or violating the provisions of NRS 639.2391 to 639.23916 , inclusive, and any regulations
adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary
action must include, without limitation, requiring the licensee to complete
additional continuing education concerning prescribing controlled substances
listed in schedules II, III and IV.
(b) Develop and disseminate to each physician and
physician assistant licensed pursuant to this chapter or make available on the
Internet website of the Board an explanation or a technical advisory bulletin
to inform those physicians and physician assistants of the requirements of this
section and NRS 639.23507 and 639.2391 to 639.23916 , inclusive, and any regulations
adopted pursuant thereto. The Board shall update the explanation or bulletin as
necessary to include any revisions to those provisions of law or regulations.
The explanation or bulletin must include, without limitation, an explanation of
the requirements that apply to specific controlled substances or categories of
controlled substances.

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