Nevada § 454.351 - Drugs which may not be introduced into interstate commerce; penalty; exemptions

derives, manufactures, sells, offers for sale, gives away or otherwise furnishes any

drug which may not be lawfully introduced into interstate commerce under the Federal

Food, Drug and Cosmetic Act 1 is guilty of a misdemeanor. 2. The provisions of this section do not apply: (a) To physicians licensed to practice in this State who have been authorized by the

United States Food and Drug Administration to possess experimental drugs for the purpose

of conducting research to evaluate the effectiveness of such drugs and who maintain

complete and accurate records of the use of such drugs and submit clinical reports

as required by the United States Food and Drug Administration. (b) To any substance which has been licensed by the State Board of Health for manufacture

in this State but has not been approved as a drug by the United States Food and Drug

Administration. The exemption granted in this paragraph does not grant authority to transport such

a substance out of this State. (c) To any person or governmental entity who possesses, procures, obtains, processes,

produces, derives, manufactures, sells, offers for sale, gives away or otherwise furnishes

an individualized investigational treatment or investigational drug or biological

product when authorized pursuant to NRS 454.690 . (d) To any physician who prescribes or recommends an individualized investigational

treatment or investigational drug or biological product pursuant to NRS 630.3735 or 633.6945 . 3. As used in this section: (a) “ Biological product ” has the meaning ascribed to it in NRS 454.690 . (b) “ Individualized investigational treatment ” has the meaning ascribed to it in NRS 454.690 . (c) “ Investigational drug or biological product ” means a drug or biological product that: (1) Has successfully completed Phase 1 of a clinical trial; (2) Has not been approved by the United States Food and Drug Administration; and (3) Is currently being tested in a clinical trial that has been approved by the United

States Food and Drug Administration. 1

21 U.S.C.A. § 301 et seq.