1. Members, inspectors and investigators of the Board, authorized representatives and investigators of state licensing boards established by this chapter or chapter 630, 631, 632, 633, 635 or 636 of NRS, inspectors of the Food and Drug Administration, agents of the Investigation Division of the Department of Public Safety and peace officers described in paragraph (j) of subsection 1 of NRS 639.238 may:
(a) Request, and a practitioner or pharmacist who receives such a request shall provide, a photocopy of any record required to be retained by state or federal law or regulation, including any prescription contained in the files of a practitioner or pharmacy, if the record in question will be used as evidence in a criminal action, civil action or an administrative proceeding, or contemplated action or proceeding.
(b) Remove an original record required to be retained by state or federal law or regulation, including any prescription contained in the files of a practitioner or pharmacy, if the record in question will be used as evidence in a criminal action, a civil action or an administrative proceeding, or contemplated action or proceeding and it is necessary to use the original record, rather than a photocopy of the record, for that purpose.
2. The person who removes an original record pursuant to paragraph (b) of subsection 1 shall:
(a) Affix the name and address of the practitioner or pharmacist to the back of the record;
(b) Affix his or her initials, cause an agent of the practitioner or pharmacist to affix his or her initials and note the date of the removal of the record on the back of the record;
(c) Affix to the back of the record his or her name and title and the name and address of the agency for which the person is removing the record; and
(d) Provide the practitioner or pharmacist with a photocopy of both sides of the record, or allow the practitioner or pharmacist to make such a photocopy, before removing the original record.
(Added to NRS by 1967, 1663; A 1971, 2043; 1973, 782; 1981, 2015; 1985, 1999; 1995, 294; 2001, 2634; 2003, 2291; 2017, 4437)
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