“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.
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)
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