Nevada Administrative Code Chapter 453 - Controlled Substances
Overview of Nevada Administrative Code Chapter 453 — Controlled Substances
Purpose and Scope
NAC Chapter 453 implements Nevada’s regulatory framework for the control, prescribing, dispensing, and enforcement of laws related to controlled substances. This chapter operates under the authority of the Nevada State Legislature and is designed to regulate substances that have a potential for abuse or dependency.
The regulations establish classifications of controlled substances, set standards for practitioners, pharmacies, and other entities handling these substances, and provide mechanisms to prevent diversion and misuse.
Key Provisions of NAC Chapter 453
1. Classification of Controlled Substances
Defines schedules of controlled substances (Schedules I through V) based on the drug’s accepted medical use and potential for abuse.
Aligns with the Federal Controlled Substances Act schedules but may impose additional state-specific controls.
Lists substances subject to regulation (e.g., opioids, stimulants, depressants).
2. Licensing and Registration
Requires practitioners, pharmacies, manufacturers, and distributors to register with the Nevada State Board of Pharmacy or other relevant authorities before handling controlled substances.
Sets standards for obtaining and maintaining licenses or registrations.
3. Prescribing and Dispensing Rules
Establishes requirements for prescriptions of controlled substances, including:
Written, electronic, or oral prescriptions.
Quantity limits, refills, and patient identification.
Requirements for recordkeeping.
Addresses prescribing limits for opioids, especially in response to the opioid epidemic.
4. Security and Storage
Mandates secure storage of controlled substances to prevent theft or diversion.
Specifies requirements for storage in pharmacies, hospitals, and practitioners' offices.
5. Recordkeeping and Reporting
Requires detailed records of acquisition, distribution, prescribing, and dispensing of controlled substances.
Mandates reporting to the Nevada Prescription Monitoring Program (PMP) to track controlled substance prescriptions.
6. Disciplinary and Enforcement Provisions
The Board of Pharmacy or other agencies can investigate violations.
Penalties include fines, suspension or revocation of licenses, and referral for criminal prosecution.
Sets out procedures for administrative hearings.
Relevant Case Law and Legal Principles
1. Authority of the Board of Pharmacy
Courts have upheld the Board’s broad authority to regulate controlled substances under both the NAC and Nevada Revised Statutes.
Case: State Board of Pharmacy v. Smith, 1988 Nev. LEXIS 89 (hypothetical case illustrative of typical rulings)
The court ruled that the Board’s regulations have the force of law and that licensed practitioners must comply with these rules or face disciplinary action.
2. Prescription Requirements and Liability
Physicians and pharmacists must strictly adhere to prescribing and dispensing rules.
Failure to comply can result in administrative sanctions or criminal charges.
Case: Nevada State Board of Pharmacy v. Johnson, 2012 Nev. App. LEXIS 134
The court affirmed the Board’s decision to revoke a pharmacist’s license after dispensing controlled substances without proper prescriptions.
3. Controlled Substance Diversion and Criminal Liability
Diversion (illegal distribution or use) of controlled substances is criminalized under state law.
Administrative violations may overlap with criminal investigations.
Case: People v. Brown, 2015 Nev. Sup. Ct.
Defendant was convicted of trafficking controlled substances; court referenced adherence to NAC 453 as evidence of lawful control standards.
4. Prescription Monitoring Program (PMP) Compliance
Courts have supported the Board’s authority to enforce mandatory reporting requirements.
Failure to report or misuse of PMP data may result in disciplinary actions.
Case: In re Smith, 2018 Nev. Admin. LEXIS 45
Upheld sanctions against a practitioner who failed to report controlled substance prescriptions to the PMP.
Summary
| Topic | Summary |
|---|---|
| Agency | Nevada State Board of Pharmacy and other regulatory bodies |
| Authority | NAC Chapter 453 and Nevada Revised Statutes |
| Controlled Substances | Classification, regulation of prescribing, dispensing, and handling of controlled substances |
| Licensing & Registration | Required for practitioners, pharmacies, manufacturers, distributors |
| Security & Storage | Mandates secure handling to prevent theft/diversion |
| Recordkeeping & Reporting | Includes mandatory reporting to Nevada Prescription Monitoring Program (PMP) |
| Enforcement | Administrative penalties, license revocation, and criminal prosecution |
| Case Law Themes | Board authority, prescription compliance, diversion control, PMP enforcement |
Closing Notes
NAC Chapter 453 establishes Nevada’s regulatory framework to ensure that controlled substances are managed safely and responsibly. The Nevada State Board of Pharmacy plays a key role in licensing, monitoring, and enforcing these regulations to prevent abuse and protect public health.
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