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Nevada officials are restricting access to malaria drugs that are being tested for their efficacy against COVID-19, but that have not been proven as a treatment. The drugs are in demand for routine use by lupus and arthritis patients.
Nevada officials are restricting access to malaria drugs that are being tested for their efficacy against COVID-19, but that have not been proven as a treatment. The drugs are in demand for routine use by lupus and arthritis patients.
Nevada officials are restricting access to malaria drugs that are being tested for their efficacy against COVID-19, but that have not been proven as a treatment. The drugs are in demand for routine use by lupus and arthritis patients.
‘SECRETARY OF STATE Fon EvERGENY
RUNG Ona REGULATIONS ONLY
For Fang Adina Reguations
‘Beco doa_sz3.2000
Slaton dae_ecagoo0
soe: Noa Sto ti
Board of Pharmacy feet
Ciasicaton:
PROPOSED ADOPTED BY AGENCY x EMERGENCY
Bit cesegton et acon:
“The proposed amendment
Authonyetaton other than 299% NAS 698.070
Nee Date: tren 29,2020 Dato of Adoption by Agonay: March 23,2020
He
ring Date: March 23,2020Nevada State Board of Pharmacy
Smee ae AO
mi do gl Wa Page pay go
Mareb 23,2020
‘VIA EMAIL AND HAND DELIVERY
‘The Honorable Steve Sislak, Governor
101 North Carson Street ~ Suite 1
Carson City, NV 89701
RE: Fmergeney regulation on prescribing and dispensing chloroquine and
hhydroxyeHloroquine during COVID-19 pandemic
Dear Governor Sisolak:
‘The Nevada State Board of Pharmacy (Board) has determined that an emergency exists
‘due tothe hoandng and stockpiling of chioroquine and hydroxychloroquine during the COVID-
19 pandemic and the resuling shortage of supplies ofthese drugs for legitimate medica
purposes.
‘Currently, hydroxychloroqune is under investiguion for use in the treatment of COVID-19, At
(his time, safety and effin-y have not been established!
‘The FDA has been working closely with other government agencies and academic
‘centers that are investigating the use of the drug ehloroguine, which is already
approved for weaing malaria, pus and cheumatcld arthritis, o determine whether
it ean be used to teat patents with mild-to-moderate COVID-19 to potential
feduce the duration of symptoms, aswell s viral shedding, which can help prevent
the spread of disesse. Studies are underway to determine the efficacy in using
chloroquine to rea! COVID-19.?
‘Therefore, pursuantto NRS 253B,0613, the Board respectfully requests an emergency
regulation in Chapter 639 cf the Nevada Administrative Code that reticts the preseibing and
dispensing ofehloroquine ad hydzoxychloroquine daring the COVID-19 outbreak. These
restrictions include prohibing the prescribing and dispensing of chloroquine and
hhydroxychloroquine fora COVED 19 dingnosis o any new diagnosis made ae the effextive
date of the regulation, and equiting an ICD-10 code and limit toa 30-day supply for any new
prescription for these drugs. The provisions of this emergency regulation do net apply tow chart
der for an inpatient in an institutional seing or oan existing couse of teatment fora‘The Honorable Steve Sislak, Governor
Mareh 23,2020
Page 2
iagnosis made before the effective date of the regulation. This emergency regulation is based
‘pon recommendations fom the Governor's COVID-19 Medical Advisory Team,
As this emergency regulation will ensute acces for Nevada patients to chloroquine and
‘nydroxyehloroquine fr legitimate medical purpose, your endorsement is requested. Thank you
fo your assistance ae consideration,
Sincerely, Endorsed:
7
David Woes, RPh Se
Bxocutive Secretary Go
Nevada State Board of Pharmacy
*Hydoxyeherquine. ost TW, ed, UpToDate. Waltham, MA: UpToDate Ine, hipsfwwwaptadte.com,
‘Ascsied March 20, 2020.
2 Coronas (COVID-18) Update: FDA Contines to Facilitate Developm of Testes 2020,
March 19. ps: gpvnews-evenis/press-anouncemensleoronan-covi-19-ypdate-fs-
tines facie developmen-ueuens Accessed March 20,2020EMERGENCY REGULATION OF THE.
STATE BOARD OF PHARMACY
Maret 23,2020
EXPLANATION Mater in italics is now; mater in brackets
oie rerio) Is teil Go be nie.
Fling ofan Emergency Administrative Regulation
AUTHORITY: NRS 639070.
‘A REGULATION relating to pharmacy; restricting the presribing and dispensing of
chloroquine and hydroxychloroquine during the COVID-19 outbreak
Explanation:
Existing law authorizes the State Board of Pharmacy to adopt regulations appertaining to
the practice of pharmacy. INRS 639.070) This emergency regulation probibits the prescribing
and dispensing of chloroquine and hydroxychloroguine for a COVID-19 diagnosis or any new
diagnosis made after the elective date of the regulation, and requires an ICD-10 code anda limit
10 430-day supply fr any prescription for these drugs. The provisions of this emergency
‘egulation do not apply to chart onder for an inpatient in an institutional setting orto an existing
course of treatment fora dagnosis made before the effective date of the regulation,
‘Chapter 639 of NACiis tereby amended by adding thereto the following provisions:
1. A prescription for chloroquine or hydraxychloroguine may not be issued filled or
dispensed tan outpatient
4) Fora COVID-I9 diagnosis; or
2) For any nev diagnosis made after the effective date of this regulation.
2._A prescription for chloroquine or hydroxychloroquine issued after the effective date of
‘this regulation:
4) Must contain a confirmed, writen ICD-10 diagnose code fom the prescribers
and
1b) Must be tiited to no more that a 30-day supply at anytime,
4. The provisions ofthis regulation do not apply:
1) To. chart rder for an inpatient in an instittlonal setting; ar
2) Toam existing cours of treatment fora diagnosis made before the effective
date ofthis regulation,)MATIONAL ‘OF ADOPTED REGULATIONS
-QUIRED BY NRS 2338,
‘The informational statement required by NRS 238.066 numerically conforms tothe
subsections of the statute as follows:
1. EXPLANATIONOF THE NEED FOR THE ADOPTED REGULATION
Pursuant to the Governor's Declaration of Emergency Issued March 12, 2020, the State
{sin an emergency statis due to the COVID-19 pandemic. This has resulted in the
hoarding and stockpiing of chloroquine and hydroxychloroquina during COVID-19
pandemic and the resuling shortage of supplies of these drugs fr legitimate medical
purposes. An emergency regulation is neoded to an emergency regulation In Chapter
6639 of the Nevada Administrative Code that restricts the prasorbing and dispensing of
chloroquine an hydraxychloroquine during the COVID-19 autbreek. These restrictions
Include prohibiting the greseibing and dispensing of chloroquine and
hyelroxychloroquine for COVID-19 diagnosis or any new diagnosis made after the
cffectvo date of the regulation, and requiring an ICD-10 code and a init to a 30-day
‘supply for any new prescription for these drugs.
6, THE ESTIMATED ECONOMIC EFFECT OF THE REGULATION ON THE
BUSINESS WHICH IT IS TO REGULATE AND ON THE PUBLIC. THESE
MUST BE STATED SEPARATELY, AND IN EACH CASE MUST INCLUDE:
A) BOTH ADVERSE AND BENEFICIAL EFFECTS,
‘The Board anticipates that there wil be no adverse or beneticlal economic impact from
this regulation on either the providers of pharmaceutical care that will be subject to the
ragulalion nor onthe publ.
1B) BOTH IMMEDIATE AND LONG-TERM EFFECTS.
‘The Board anticipates that there willbe no immediate or long-term economic effect on
either the providers of pharmaceutical cara that wll be subject tothe ragulation nor on
the publi, or that any such effects wil be negligible.
7, THE ESTIMATED COST TO THE AGENCY FOR ENFORCEMENT OF THE
PROPOSEN REGULATION,
There wil be no adtional or special costs incurred by the Board for enforcement of this
regulation,
8, ADESCRIPTIONOF ANY REGULATIONS OF OTHER STATE OR
GOVERNMENT AGENCIES WHIGH THE PROPOSED REGULATION
OVERLAPS OR LUPLICATES AND A STATEMENT EXPLAINING WHY THE
DUPLICATION OR OVERLAPPING IS NECESSARY, IF THE REGULATION
1OVERLAPS OR DUPLICATES A FEDERAL REGULATION, THE NAME OF
‘THE REGULATING FEDERAL AGENCY.
‘The Board of Pharmacy isnot aware of any similar regulations of other state or
‘government agencies thatthe proposed regulation overlaps or duplicates,
8. _ IE THE REGULATION INCLUDES PROVISIONS WHICH ARE MORE
STTINGCNT THAN A FEDERAL REGULATION WHICH REGULATES THE
‘SANE ACTIVITY, A SUMMARY OF SUCH PROVISIONS.
‘The Board of Pharmacy isnot aware of any similar regulations ofthe same activity in
which the federal regulation is more stringent.
10. _IF-THE REGULATION PROVIDES A NEW FEE OR INCREASES AN EXISTING
FEE, THE TOTA_ ANNUAL AMOUNT THE AGENCY EXPECTS TO COLLECT
‘AND THE MANNER IN WHICH THE MONEY WILL BE USED.
‘This regulation does not provide a new or ierease of fees,