Bill > SB101

Introduced Session

Legislative Counsel's Digest: Existing law authorizes a medical assistant who is directed and supervised by a physician or physician assistant or a licensed dental hygienist who is directed and supervised by a dentist to possess and administer dangerous drugs under certain circumstances. (NRS 454.213) Existing law further requires the Board of Medical Examiners to adopt regulations governing the administration of botulinum toxin, commonly known as Botox, by a medical assistant or any person under the jurisdiction of the Board. (NRS 630.047, 630.138) This bill: (1) replaces the term botulinum toxin with references to neuromodulators derived from Clostridium botulinum or that are biosimilar to or the bioequivalent of such neuromodulators; and (2) revises provisions governing the injection of such neuromodulators and dermal or soft tissue fillers. Section 2 of this bill removes the requirement for the Board of Medical Examiners to adopt regulations governing the administration of botulinum toxin by a medical assistant. Instead, sections 1 and 1.8 of this bill prohibit: (1) any person other than a physician, physician assistant, dentist, registered nurse, advanced practice registered nurse or podiatric physician who has received training prescribed by his or her licensing board from injecting a neuromodulator derived from Clostridium botulinum, a neuromodulator that is biosimilar to or the bioequivalent of such a neuromodulator or dermal or soft tissue fillers; (2) such persons from delegating such injection to an unauthorized person; and (3) any person from injecting a neuromodulator derived from Clostridium botulinum, a neuromodulator that is biosimilar to or the bioequivalent of such a neuromodulator or dermal or soft tissue fillers outside his or her scope of practice or in a location other than a medical facility or the office of an authorized medical professional. Sections 1.3, 4 and 6.6 of this bill make conforming changes to clarify that unauthorized medical professionals are prohibited from injecting such neuromodulators and dermal or soft tissue fillers. Sections 1.9, 3.3, 6.4, 6.9 and 7.2 of this bill require the Board of Medical Examiners, Board of Dental Examiners of Nevada, State Board of Nursing, State Board of Osteopathic Medicine and State Board of Podiatry, respectively, to prescribe training for physicians and physician assistants, dentists, registered nurses, advanced practice registered nurses, osteopathic physicians and physician assistants and podiatric physicians, as applicable, who wish to inject such neuromodulators or dermal or soft tissue fillers. Existing law generally provides that a violation of the provisions of law governing dangerous drugs is a misdemeanor and grounds for the suspension or revocation of certain professional licenses. (NRS 454.356, 454.361) Existing law further provides that a person who violates a provision of law governing dangerous drugs by using a minor as an agent or who illegally provides a dangerous drug to a minor is guilty of a category B felony. (NRS 454.306) Sections 1.4-1.6 of this bill make these provisions applicable to the unauthorized injection of or delegation of the injection of a neuromodulator derived from Clostridium botulinum or a neuromodulator that is biosimilar to or the bioequivalent of such a neuromodulator.

Joe Hardy (R)*, 

Approved by the Governor. Chapter 238. (on 05/31/2017)

Official Document