639.0155 - “Wholesale distribution” defined. - Nevada Statutes

639.0155  “Wholesale distribution” defined.  “Wholesale distribution” means the distribution of drugs to persons other than consumers or patients, but does not include:

      1.  Sales within a company.

      2.  The purchase or other acquisition of a drug by a health care facility or a pharmacy that is a member of a purchasing organization.

      3.  The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug:

      (a) By a charitable organization, as defined by section 501(c)(3) of the Internal Revenue Code of 1954, 26 U.S.C. § 501(c)(3), to a nonprofit affiliate of the organization.

      (b) Between health care facilities or pharmacies that are under common control.

      (c) For emergency medical reasons.

      (d) Pursuant to a prescription.

      4.  A transfer of drugs, in an amount not to exceed 5 percent of the total annual sales, by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage.

      5.  The distribution of drug samples by a representative of the manufacturer or distributor.

      6.  The sale, purchase or exchange of blood or blood components for transfusions.

Ê As used in this section, “health care facility” has the meaning ascribed to it in NRS 162A.740.

      (Added to NRS by 1991, 1155; A 2009, 212)

      NRS 639.016  “Wholesaler” defined.  “Wholesaler” means a wholesale distributor as defined by 21 C.F.R. § 205.3(g) who supplies or distributes drugs, medicines or chemicals or devices or appliances that are restricted by federal law to sale by or on the order of a physician to a person other than the consumer or patient. The term includes a person who derives, produces, prepares or repackages drugs, medicines or chemicals or devices or appliances that are restricted by federal law to sale by or on the order of a physician on sales orders for resale. The term does not include a nonprofit cooperative agricultural organization which supplies or distributes veterinary drugs and medicines only to its own members.

      (Added to NRS by 1967, 1652; A 1991, 1157; 1993, 1220)