Nevada § 453.162 - Development; functions and requirements; Board and Division immune from liability for activities related to program; gifts, grants and donations

§ 453.162. Development; functions and requirements; Board and Division immune from liability for activities related to program; gifts, grants and donations

1. The Board and the Division shall cooperatively develop a computerized program to

track each prescription for a controlled substance listed in schedule II, III, IV

or V that is filled by a pharmacy that is registered with the Board or that is dispensed

by a practitioner who is registered with the Board. The program must: (a) Be designed to provide information regarding: (1) The inappropriate use by a patient of controlled substances listed in schedules

II, III, IV or V to pharmacies, practitioners and appropriate state and local governmental

agencies, including, without limitation, law enforcement agencies and occupational

licensing boards, to prevent the improper or illegal use of those controlled substances;

and (2) Statistical data relating to the use of those controlled substances that is not

specific to a particular patient. (b) Be administered by the Board, the Investigation Division, the Division of Public

and Behavioral Health of the Department and various practitioners, representatives

of professional associations for practitioners, representatives of occupational licensing

boards and prosecuting attorneys selected by the Board and the Investigation Division. (c) Not infringe on the legal use of a controlled substance for the management of

severe or intractable pain. (d) Include the contact information of each person who is required to access the database

of the program pursuant to subsection 7 of NRS 453.164 , including, without limitation: (1) The name of the person; (2) The physical address of the person; (3) The telephone number of the person; and (4) If the person maintains an electronic mail address, the electronic mail address

of the person. (e) Include, for each prescription of a controlled substance listed in schedule II,

III, IV or V: (1) The fewest number of days necessary to consume the quantity of the controlled

substance dispensed to the patient if the patient consumes the maximum dose of the

controlled substance authorized by the prescribing practitioner; (2) Each state in which the patient to whom the controlled substance was prescribed

has previously resided or filled a prescription for a controlled substance listed

in schedule II, III, IV or V; and (3) The code established in the International Classification of Diseases, Tenth Revision, Clinical Modification , adopted by the National Center for Health Statistics and the Centers for Medicare

and Medicaid Services, or the code used in any successor classification system adopted

by the National Center for Health Statistics and the Centers for Medicare and Medicaid

Services, that corresponds to the diagnosis for which the controlled substance was

prescribed. (f) To the extent that money is available, include: (1) A means by which a practitioner may designate in the database of the program that

he or she suspects that a patient is seeking a prescription for a controlled substance

for an improper or illegal purpose. If the Board reviews the designation and determines that such a designation is warranted,

the Board shall inform pharmacies, practitioners and appropriate state agencies that

the patient is seeking a prescription for a controlled substance for an improper or

illegal purpose as described in subparagraph (1) of paragraph (a). (2) The ability to integrate the records of patients in the database of the program

with the electronic health records of practitioners. (3) The ability for the Chief Medical Officer to upload information relating to drug

overdoses which is required to be reported pursuant to NRS 441A.150 . 2. If the Board includes in the program the ability to integrate the records of patients

in the database of the program with the electronic health records of practitioners: (a) The Board may adopt any regulations necessary to carry out the integration; and (b) Any person or entity that provides a system for the maintenance of electronic

health records to a practitioner must ensure that the system includes, as a function

of the system, the ability to integrate the records of patients in the database of

the program into the electronic health records of the practitioner. 3. The Board, the Division and each employee thereof are immune from civil and criminal

liability for any action relating to the collection, maintenance and transmission

of information pursuant to NRS 453.162 to 453.1645 , inclusive, if a good faith effort is made to comply with applicable laws and regulations. 4. The Board and the Division may apply for any available grants and accept any gifts,

grants or donations to assist in developing and maintaining the program required by

this section. 5. As used in this section, “electronic health record” has the meaning ascribed to

it in 42 U.S.C. § 17921 .