Nevada Revised Statutes 639.573 – Conditions under which manufacturer or wholesaler is authorized to dispense dialysate drug or deliver device necessary to administer dialysis at residence; authority for use of third-party logistics provider for delivery
1. Except as otherwise provided in subsection 4, a manufacturer or wholesaler may dispense a dialysate drug or deliver a device necessary to administer dialysis at a residence under the conditions prescribed by subsection 2 to:
Terms Used In Nevada Revised Statutes 639.573
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
(a) A patient with irreversible renal disease, or a designee of the patient, for the administration of dialysis at the residence of the patient;
(b) A provider of health care; or
(c) A hospital or facility for the treatment of irreversible renal disease.
2. A drug dispensed or a device delivered pursuant to subsection 1 must be:
(a) Approved by the United States Food and Drug Administration;
(b) Prescribed or ordered by a physician, physician assistant or advanced practice registered nurse; and
(c) Dispensed and delivered in the original, unopened packaging used by the manufacturer of the drug or device.
3. The provisions of NRS 454.223, 639.235 to 639.239, inclusive, and 639.2392 to 639.2397, inclusive, apply to a prescription provided to a manufacturer or wholesaler pursuant to this section to the same extent as if the prescription were provided to a pharmacist.
4. The provisions of this section do not authorize a manufacturer or wholesaler to dispense a dialysate drug that is a:
(a) Controlled substance to any person or entity; or
(b) Dangerous drug that is unsafe for self-administering directly to or unsupervised use directly by a patient or the designee of a patient.
5. A manufacturer or wholesaler may use a third-party logistics provider to deliver a dialysate drug or device necessary to administer dialysis at a residence pursuant to subsection 1.
6. As used in this section:
(a) ’Dialysate drug’ means a drug solely composed of fluids, electrolytes and sugars used for dialysis.
(b) ’Dialysis’ means the method by which a dissolved substance is removed from the body of a patient by diffusion, osmosis and convection from one fluid compartment to another fluid compartment across a semipermeable membrane.
(c) ’Facility for the treatment of irreversible renal disease’ has the meaning ascribed to it in NRS 449.0046.
(d) ’Provider of health care’ has the meaning ascribed to it in NRS 629.031.
(e) ’Third-party logistics provider’ means a person that transports, warehouses, packages, tracks or manages a drug or device.