reglab/housing_qa huggingface dataset:
NE Code § 38-2873 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2873 - Delegated dispensing permit; requirements.

38-2873.  Delegated dispensing permit; requirements.(1) Any person who has entered into a delegated dispensing agreement pursuant to section 38-2872 may apply to the department for a delegated dispensing permit. An applicant shall apply at least thirty days prior to the anticipated date for commencing delegated dispensing activities. Each applicant shall (a) file an application as prescribed by the department and a copy of the delegated dispensing agreement and (b) pay any fees required by the department. A hospital applying for a delegated dispensing permit shall not be required to pay an application fee if it has a pharmacy license under the Health Care Facility Licensure Act.(2) The department shall issue or renew a delegated dispensing permit to an applicant if the department, with the recommendation of the board, determines that:(a) The application and delegated dispensing agreement comply with the Pharmacy Practice Act;(b) The public health and welfare is protected and public convenience and necessity is promoted by the issuance of such permit. If the applicant is a hospital, public health clinic, or dialysis drug or device distributor, the department shall find that the public health and welfare is protected and public convenience and necessity is promoted. For any other applicant, the department may, in its discretion, require the submission of documentation to demonstrate that the public health and welfare is protected and public convenience and necessity is promoted by the issuance of the delegated dispensing permit; and(c) The applicant has complied with any inspection requirements pursuant to section 38-2874.(3) In addition to the requirements of subsection (2) of this section, a public health clinic (a) shall apply for a separate delegated dispensing permit for each clinic maintained on separate premises even though such clinic is operated under the same management as another clinic and (b) shall not apply for a separate delegated dispensing permit to operate an ancillary facility. For purposes of this subsection, ancillary facility means a delegated dispensing site which offers intermittent services, which is staffed by personnel from a public health clinic for which a delegated dispensing permit has been issued, and at which no legend drugs or devices are stored.(4) A delegated dispensing permit shall not be transferable. Such permit shall expire annually on July 1 unless renewed by the department. The department, with the recommendation of the board, may adopt and promulgate rules and regulations to reinstate expired permits upon payment of a late fee.Source  Laws 2001, LB 398, § 48;   R.S.1943, (2003), § 71-1,147.63;  Laws 2007, LB463, § 969;  Laws 2009, LB604, § 10. Cross References  Health Care Facility Licensure Act, see section 71-401.
NE Code § 38-2874 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2874 - Delegated dispensing site; inspection; requirements; fees.

38-2874.  Delegated dispensing site; inspection; requirements; fees.(1) Before a delegated dispensing permit may be issued by the department, with the recommendation of the board, a pharmacy inspector of the board shall conduct an onsite inspection of the delegated dispensing site. A hospital applying for a delegated dispensing permit shall not be subject to an initial inspection or inspection fees pursuant to this subsection if the delegated dispensing site was inspected by the department pursuant to licensure under the Health Care Facility Licensure Act.(2) Each permittee shall have the delegated dispensing site inspected at least once on an annual basis. Such inspection may be conducted by self-inspection or other compliance assurance modalities, when approved by the board, as authorized in the rules and regulations of the department. A hospital with a delegated dispensing permit shall not be subject to annual inspections or inspection fees pursuant to this subsection if the delegated dispensing site was inspected by the department pursuant to licensure under the Health Care Facility Licensure Act.(3) Any applicant or permittee who fails to meet the requirements of the board or department to dispense drugs or devices pursuant to a delegated dispensing permit shall, prior to dispensing (a) have the delegated dispensing site reinspected by a pharmacy inspector of the board and (b) pay any reinspection fees.(4) The department, with the recommendation of the board, shall set inspection fees by rule and regulation not to exceed the fees established for pharmacy inspections required to obtain a pharmacy license under the Health Care Facility Licensure Act. The department shall remit inspection fees to the State Treasurer for credit to the Professional and Occupational Credentialing Cash Fund.Source  Laws 2001, LB 398, § 49;  Laws 2003, LB 242, § 54;   R.S.1943, (2003), § 71-1,147.64;  Laws 2007, LB463, § 970. Cross References  Health Care Facility Licensure Act, see section 71-401.
NE Code § 38-2875 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2875 - Delegated dispensing permit; complaint; investigation; costs.

38-2875.  Delegated dispensing permit; complaint; investigation; costs.If a complaint is filed against a delegated dispensing permittee or any staff member, volunteer, or consultant in association with work performed under a delegated dispensing permit and if the complaint is found to be valid, the cost of investigating the complaint and any followup inspections shall be calculated by the board based upon the actual costs incurred and the cost shall be borne by the permittee being investigated. All costs collected by the department shall be remitted to the State Treasurer for credit to the Professional and Occupational Credentialing Cash Fund. If the complaint is not found to be valid, the cost of the investigation shall be paid from the fund.Source   Laws 1994, LB 900, § 12;   Laws 1998, LB 1073, § 67;  Laws 2001, LB 398, § 50;  Laws 2003, LB 242, § 53;   R.S.1943, (2003), § 71-1,147.42;  Laws 2007, LB463, § 971.
NE Code § 38-2876 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2876 - Delegated dispensing permit; disciplinary actions.

38-2876.  Delegated dispensing permit; disciplinary actions.The department, with the recommendation of the board, may deny an application for a delegated dispensing permit, revoke, limit, or suspend a delegated dispensing permit, or refuse renewal of a delegated dispensing permit for a violation of section 38-178 or 38-179 or for any violation of the Pharmacy Practice Act and any rules and regulations adopted and promulgated by the department, with the recommendation of the board, pursuant to the act.Source   Laws 1994, LB 900, § 13;   Laws 1998, LB 1073, § 68;  Laws 2001, LB 398, § 51;   R.S.1943, (2003), § 71-1,147.43;  Laws 2007, LB463, § 972.
NE Code § 38-2877 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2877 - Delegated dispensing permit; denial or disciplinary actions; notice; hearing; procedure.

38-2877.  Delegated dispensing permit; denial or disciplinary actions; notice; hearing; procedure.(1) If the department, with the recommendation of the board, determines to deny an application for a delegated dispensing permit or to revoke, limit, suspend, or refuse renewal of a delegated dispensing permit, the department shall send to the applicant or permittee, by certified mail, a notice setting forth the particular reasons for the determination. The denial, limitation, suspension, revocation, or refusal of renewal shall become final thirty days after the mailing of the notice unless the applicant or permittee, within such thirty-day period, requests a hearing in writing. The applicant or permittee shall be given a fair hearing before the department and may present such evidence as may be proper. On the basis of such evidence, the determination involved shall be affirmed or set aside, and a copy of such decision setting forth the finding of facts and the particular reasons upon which it is based shall be sent by certified mail to the applicant or permittee. The decision shall become final thirty days after a copy of such decision is mailed unless the applicant or permittee within such thirty-day period appeals the decision pursuant to section 38-2879.(2) The procedure governing hearings authorized by this section shall be in accordance with rules and regulations adopted and promulgated by the department. A full and complete record shall be kept of all proceedings. Witnesses may be subpoenaed by either party and shall be allowed a fee at a rate prescribed by the rules and regulations adopted and promulgated by the department. The proceedings shall be summary in nature and triable as equity actions. Affidavits may be received in evidence in the discretion of the director. The department shall have the power to administer oaths, to subpoena witnesses and compel their attendance, and to issue subpoenas duces tecum and require the production of books, accounts, and documents in the same manner and to the same extent as the district courts of the state. Depositions may be used by either party.Source   Laws 1994, LB 900, § 14;   Laws 1996, LB 1044, § 466;   Laws 1998, LB 1073, § 69;  Laws 2001, LB 398, § 52;   R.S.1943, (2003), § 71-1,147.44;  Laws 2007, LB296, § 350;  Laws 2007, LB463, § 973.
NE Code § 38-2878 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2878 - Delegated dispensing permit; orders authorized; civil penalty.

38-2878.  Delegated dispensing permit; orders authorized; civil penalty.(1) Upon the completion of any hearing pursuant to section 38-2877, the director shall have the authority through entry of an order to exercise in his or her discretion any or all of the following powers:(a) Issue a censure against the permittee;(b) Place the permittee on probation;(c) Place a limitation or limitations on the permit and upon the right of the permittee to dispense drugs or devices to the extent, scope, or type of operation, for such time, and under such conditions as the director finds necessary and proper. The director shall consult with the board in all instances prior to issuing an order of limitation;(d) Impose a civil penalty not to exceed twenty thousand dollars. The amount of the civil penalty, if any, shall be based on the severity of the violation. If any violation is a repeated or continuing violation, each violation or each day a violation continues shall constitute a separate violation for the purpose of computing the applicable civil penalty, if any;(e) Enter an order of suspension of the permit;(f) Enter an order of revocation of the permit; and(g) Dismiss the action.(2) The permittee shall not dispense drugs or devices after a permit is revoked or during the time for which the permit is suspended. If a permit is suspended, the suspension shall be for a definite period of time to be fixed by the director. The permit shall be automatically reinstated upon the expiration of such period if the current renewal fees have been paid. If the permit is revoked, the revocation shall be permanent, except that at any time after the expiration of two years, application may be made for reinstatement by any permittee whose permit has been revoked as provided in section 38-148.(3) Any civil penalty assessed and unpaid under this section shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of the county in which the violator resides or owns property. The department shall remit any collected civil penalty to the State Treasurer, within thirty days after receipt, for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.Source   Laws 1994, LB 900, § 15;   Laws 1998, LB 1073, § 70;  Laws 1999, LB 828, § 126;  Laws 2001, LB 398, § 53;   R.S.1943, (2003), § 71-1,147.45;  Laws 2007, LB296, § 351;  Laws 2007, LB463, § 974.
NE Code § 38-2879 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2879 - Delegated dispensing permit; revocation or suspension; procedure; appeal.

38-2879.  Delegated dispensing permit; revocation or suspension; procedure; appeal.(1) A petition for the revocation or suspension of a delegated dispensing permit may be filed by the Attorney General or by the county attorney in the county in which the permittee resides or is dispensing pursuant to a delegated dispensing permit. The petition shall be filed with the board and shall be entitled In the Matter of the Revocation (or suspension) of the Permit of (name of permittee) to dispense drugs and devices. It shall state the charges against the permittee with reasonable definiteness. Upon approval of such petition by the board, it shall be forwarded to the department which shall make an order fixing a time and place for hearing thereon, which shall not be less than ten days nor more than thirty days thereafter. Notice of the filing of such petition and of the time and place of hearing shall be served upon the permittee at least ten days before such hearing.(2) The notice of charges may be served by any sheriff or constable or by any person especially appointed by the department. The order of revocation or suspension of a permit shall be entered on record and the name of such permittee stricken from the roster of permittees, and the permittee shall not engage in the dispensing of drugs and devices after revocation of the permit or during the time for which it is suspended.(3) Any permittee shall have the right of appeal from an order of the department denying, revoking, suspending, or refusing renewal of a delegated dispensing permit. The appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1994, LB 900, § 16;   Laws 1998, LB 1073, § 71;  Laws 2001, LB 398, § 54;   R.S.1943, (2003), § 71-1,147.46;  Laws 2007, LB463, § 975. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 38-2880 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2880 - Delegated dispensing permit; criminal charges; when.

38-2880.  Delegated dispensing permit; criminal charges; when.When appropriate, the Attorney General, with the recommendation of the board, shall initiate criminal charges against pharmacists or other persons who knowingly permit individuals dispensing pursuant to a delegated dispensing permit to perform professional duties which require the expertise or professional judgment of a pharmacist.Source   Laws 1994, LB 900, § 17;  Laws 2001, LB 398, § 55;   R.S.1943, (2003), § 71-1,147.47;  Laws 2007, LB463, § 976.
NE Code § 38-2881 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2881 - Delegated dispensing permit; formularies.

38-2881.  Delegated dispensing permit; formularies.(1) With the recommendation of the board, the director shall approve a formulary to be used by individuals dispensing pursuant to a delegated dispensing permit. A formulary shall consist of a list of drugs or devices appropriate to delegated dispensing activities authorized by the delegated dispensing permit. Except as otherwise provided in this section, if the board finds that a formulary would be unnecessary to protect the public health and welfare and promote public convenience and necessity, the board shall recommend that no formulary be approved.(2)(a) With the recommendation of the board, the director shall approve the formulary to be used by public health clinics dispensing pursuant to a delegated dispensing permit.(b) The formulary for a public health clinic shall consist of a list of drugs and devices for contraception, sexually transmitted diseases, and vaginal infections which may be dispensed and stored, patient instruction requirements which shall include directions on the use of drugs and devices, potential side effects and drug interactions, criteria for contacting the on-call pharmacist, and accompanying written patient information.(c) In no event shall the director exclude any of the provisions for patient instruction approved by the board.(d) Drugs and devices with the following characteristics shall not be eligible to be included in the formulary:(i) Controlled substances;(ii) Drugs with significant dietary interactions;(iii) Drugs with significant drug-drug interactions; and(iv) Drugs or devices with complex counseling profiles.(3)(a) With the recommendation of the board, the director shall approve a formulary to be used by dialysis drug or device distributors.(b) The formulary for a dialysis drug or device distributor shall consist of a list of drugs, solutions, supplies, and devices for the treatment of chronic kidney failure which may be dispensed and stored.(c) In no event shall the director approve for inclusion in the formulary any drug or device not approved by the board.(d) Controlled substances shall not be eligible to be included in the formulary.Source   Laws 1994, LB 900, § 18;   Laws 1996, LB 1044, § 467;   Laws 1998, LB 1073, § 72;  Laws 2001, LB 398, § 56;   R.S.1943, (2003), § 71-1,147.48;  Laws 2007, LB296, § 352;  Laws 2007, LB463, § 977;  Laws 2009, LB154, § 4.
NE Code § 38-2882 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2882 - Delegated dispensing permit; delegating pharmacist; duties.

38-2882.  Delegated dispensing permit; delegating pharmacist; duties.(1) Each delegated dispensing permittee shall have an actively practicing Nebraska-licensed pharmacist listed as the delegating pharmacist in the delegated dispensing agreement. The delegating pharmacist shall be responsible for all activities set forth in his or her delegated dispensing agreement. The delegating pharmacist shall approve and maintain a policy and procedure manual governing those aspects of the practice of pharmacy covered by the delegated dispensing agreement.(2) The delegating pharmacist for a public health clinic or a dialysis drug or device distributor shall be physically in the clinic or distributor's facility at least once every thirty days. The delegating pharmacist shall conduct and document monthly inspections of all activities and responsibilities listed in subsection (3) of this section and under his or her delegated dispensing agreement.(3) The delegating pharmacist for a public health clinic shall be responsible for the security, environment, inventory, and record keeping of all drugs and devices received, stored, or dispensed by the public health clinic. The delegating pharmacist for a dialysis drug or device distributor shall be responsible for the distribution, record keeping, labeling, and delivery of all drugs and devices dispensed by the dialysis drug or device distributor.Source   Laws 1994, LB 900, § 20;   Laws 1998, LB 1073, § 74;  Laws 2001, LB 398, § 57;   R.S.1943, (2003), § 71-1,147.50;  Laws 2007, LB463, § 978.
NE Code § 38-2883 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2883 - Delegated dispensing permit; liability; when.

38-2883.  Delegated dispensing permit; liability; when.The delegating pharmacist or the on-call pharmacist shall not be held liable for acts or omissions on the part of an individual dispensing pursuant to the delegated dispensing permit.Source   Laws 1994, LB 900, § 22;  Laws 2001, LB 398, § 58;   R.S.1943, (2003), § 71-1,147.52;  Laws 2007, LB463, § 979.
NE Code § 38-2885 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2885 - Delegated dispensing permit; worker; qualifications.

38-2885.  Delegated dispensing permit; worker; qualifications.No person shall act as a public health clinic worker in a public health clinic or as a dialysis drug or device distributor worker for a dialysis drug or device distributor unless the person:(1) Is at least eighteen years of age;(2) Has earned a high school diploma or the equivalent;(3) Has completed approved training as provided in section 38-2886; and(4) Has demonstrated proficiency as provided in section 38-2887.Source   Laws 1994, LB 900, § 24;   Laws 1998, LB 1073, § 77;   R.S.1943, (2003), § 71-1,147.54;  Laws 2007, LB463, § 981.
NE Code § 38-2886 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2886 - Delegated dispensing permit; workers; training; requirements; documentation.

38-2886.  Delegated dispensing permit; workers; training; requirements; documentation.(1) A delegating pharmacist shall conduct the training of public health clinic workers. The training shall be approved in advance by the board.(2) A delegating pharmacist shall conduct training of dialysis drug or device distributor workers. The training shall be based upon the standards approved by the board.(3) The public health clinic, the dialysis drug or device distributor, and the delegating pharmacist shall be responsible to assure that approved training has occurred and is documented.Source   Laws 1994, LB 900, § 25;   Laws 1998, LB 1073, § 78;  Laws 2001, LB 398, § 60;   R.S.1943, (2003), § 71-1,147.55;  Laws 2007, LB463, § 982;  Laws 2009, LB154, § 5.
NE Code § 38-2887 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2887 - Delegated dispensing permit; worker; proficiency demonstration; supervision; liability.

38-2887.  Delegated dispensing permit; worker; proficiency demonstration; supervision; liability.(1) A public health clinic worker or dialysis drug or device distributor worker shall demonstrate proficiency to the delegating pharmacist, according to the standards approved by the board. The delegating pharmacist shall document proficiency for each worker. In addition, a public health clinic worker shall be supervised by a licensed health care professional specified in subdivision (1) of section 38-2884 for the first month that such worker is dispensing refills of contraceptives.(2) Following initial training and proficiency demonstration, the public health clinic worker or dialysis drug or device distributor worker shall demonstrate continued proficiency at least annually. A dialysis drug or device distributor worker shall attend annual training programs taught by a pharmacist. Documentation of such training shall be maintained in the worker's employee file.(3) The public health clinic or dialysis drug or device distributor for which a public health clinic worker or dialysis drug or device distributor worker is working shall be liable for acts or omissions on the part of such worker.Source   Laws 1994, LB 900, § 26;   Laws 1996, LB 1108, § 19;   Laws 1998, LB 1073, § 79;  Laws 2001, LB 398, § 61;   R.S.1943, (2003), § 71-1,147.56;  Laws 2007, LB463, § 983;  Laws 2015, LB37, § 50.
NE Code § 38-2888 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-2888 - Delegated dispensing permit; licensed health care professionals; training required.

38-2888.  Delegated dispensing permit; licensed health care professionals; training required.A delegating pharmacist shall conduct the training of all licensed health care professionals specified in subdivision (1) of section 38-2884 and who are dispensing pursuant to the delegated dispensing permit of a public health clinic. The training shall be approved in advance by the board.Source   Laws 1994, LB 900, § 27;   Laws 1996, LB 1108, § 20;   Laws 1998, LB 1073, § 80;  Laws 2000, LB 1115, § 20;  Laws 2001, LB 398, § 62;   R.S.1943, (2003), § 71-1,147.57;  Laws 2007, LB463, § 984;  Laws 2009, LB154, § 6.