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Nevada Seeks Formal AG Opinion Regarding Licensure for Out-of-State Pharmacists

Health & Life Sciences Roger N. Morris, Edward D. Rickert, Christopher T. Dang, Nicholas H. Meza

At its August 31, 2021 meeting, the Nevada Board of Pharmacy moved to seek a formal opinion from the Nevada Attorney General Office regarding the legality of the requirement of all non-resident pharmacists who dispense or compound prescription drugs into the state to obtain individual pharmacist licensure (regardless of whether the pharmacist performs such functions at a Nevada-licensed non-resident facility). In early August, the Nevada Board of Pharmacy announced this change after nearly 75 years of interpreting longstanding and unchanged law. The Board has now begun to require all out-of-state pharmacists who dispense and compound prescriptions in the state to obtain temporary licensure in the state.

The formal opinion from the Nevada Attorney General may take months to issue. Out-of-state pharmacists who work at pharmacies that have received notice of the Board’s decision to require registration may want to continue the temporary registration process with the Nevada Board in the interim. Absent a statutory change, and regardless of the outcome of the formal opinion, the Nevada Board of Pharmacy will have discretion on how to proceed.

For more information on the formal opinion from the Nevada Attorney General Office regarding Nevada’s new pharmacist registration requirements, please contact your Quarles & Brady attorney or: