reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2854 - Pharmacist intern; qualifications; registration; powers.

38-2854.
Pharmacist intern; qualifications; registration; powers.
(1) A pharmacist intern shall be (a) a student currently enrolled in an accredited pharmacy program, (b) a graduate of an accredited pharmacy program serving his or her internship, or (c) a graduate of a pharmacy program located outside the United States which is not accredited and who has successfully passed equivalency examinations approved by the board. Intern registration based on enrollment in or graduation from an accredited pharmacy program shall expire not later than fifteen months after the date of graduation or at the time of professional licensure, whichever comes first. Intern registration based on graduation from a pharmacy program located outside of the United States which is not accredited shall expire not later than fifteen months after the date of issuance of the registration or at the time of professional licensure, whichever comes first.
(2) A pharmacist intern may compound and dispense drugs or devices and fill prescriptions only in the presence of and under the immediate personal supervision of a licensed pharmacist. Such licensed pharmacist shall either be (a) the person to whom the pharmacy license is issued or a person in the actual employ of the pharmacy licensee or (b) the delegating pharmacist designated in a delegated dispensing agreement by a hospital with a delegated dispensing permit.
(3) Performance as a pharmacist intern under the supervision of a licensed pharmacist shall be predominantly related to the practice of pharmacy and shall include the keeping of records and the making of reports required under state and federal statutes. The department, with the recommendation of the board, shall adopt and promulgate rules and regulations as may be required to establish standards for internship.
Source
Laws 2004, LB 1005, § 14;
R.S.Supp.,2006, § 71-1,144;
Laws 2007, LB463, § 950;
Laws 2011, LB179, § 6.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2855 - Pharmacy; temporary educational permits; issuance.

38-2855.
Pharmacy; temporary educational permits; issuance.
The department, with the recommendation of the board, shall have authority to issue temporary educational permits to qualified applicants in accordance with the Pharmacy Practice Act.
Source
Laws 1978, LB 675, § 6;
Laws 1996, LB 1044, § 458;
Laws 1999, LB 828, § 119;
R.S.1943, (2003), § 71-1,147.22;
Laws 2007, LB463, § 951.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2856 - Temporary educational permit; practice pharmacy; conditions.

38-2856.
Temporary educational permit; practice pharmacy; conditions.
The holder of a temporary educational permit shall be entitled to practice pharmacy while serving in a supervised educational program or in an approved graduate pharmacy education program conducted by an accredited hospital or clinic in the State of Nebraska or by an accredited school or college of pharmacy in the State of Nebraska. The holder of a temporary educational permit shall not be qualified to engage in the practice of pharmacy outside of the assigned training program or outside the confines of the accredited hospital or clinic or the accredited school or college.
Source
Laws 1978, LB 675, § 7;
R.S.1943, (2003), § 71-1,147.23;
Laws 2007, LB463, § 952.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2857 - Temporary educational permit; issuance; when.

38-2857.
Temporary educational permit; issuance; when.
Before any temporary educational permit is issued pursuant to the Pharmacy Practice Act, the department, with the recommendation of the board, shall determine that the applicant for such permit has met all of the requirements of the act relating to issuing any such permit.
Source
Laws 1978, LB 675, § 8;
Laws 1996, LB 1044, § 459;
Laws 1999, LB 828, § 120;
R.S.1943, (2003), § 71-1,147.24;
Laws 2007, LB463, § 953.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2858 - Holder of temporary educational permit; rules and regulations; applicability.

38-2858.
Holder of temporary educational permit; rules and regulations; applicability.
Except as otherwise provided by law, the holder of any temporary educational permit shall be subject to all of the rules and regulations prescribed for pharmacists regularly licensed in the State of Nebraska and such other rules and regulations as may be adopted by the department, with the recommendation of the board, with respect to such permits in order to carry out the purposes of the Pharmacy Practice Act.
Source
Laws 1978, LB 675, § 9;
Laws 1996, LB 1044, § 460;
Laws 1999, LB 828, § 121;
R.S.1943, (2003), § 71-1,147.25;
Laws 2007, LB463, § 954.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2859 - Temporary educational permit; period valid; renewal.

38-2859.
Temporary educational permit; period valid; renewal.
The duration of any temporary educational permit issued pursuant to the Pharmacy Practice Act shall be determined by the department but in no case shall it be in excess of one year. The permit may be renewed from time to time at the discretion of the department but in no case shall it be renewed for more than five one-year periods.
Source
Laws 1978, LB 675, § 10;
Laws 1996, LB 1044, § 461;
R.S.1943, (2003), § 71-1,147.26;
Laws 2007, LB296, § 346;
Laws 2007, LB463, § 955.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2860 - Temporary educational permit.

38-2860.
Temporary educational permit.
The department, with the recommendation of the board, may issue to all qualified graduates of accredited colleges of pharmacy, who are eligible for the examination provided for in section 38-2851, and who make application for such examination, a temporary educational permit. Such permit shall be issued only for the duration of the time between the date of the examination and the date of licensure granted as a result of such examination.
Source
Laws 1978, LB 675, § 11;
Laws 2001, LB 398, § 40;
R.S.1943, (2003), § 71-1,147.27;
Laws 2007, LB463, § 956.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2861 - Temporary educational permit; serve in approved program; application; contents.

38-2861.
Temporary educational permit; serve in approved program; application; contents.
Before granting any temporary educational permit, the department shall ascertain by evidence satisfactory to the department, with the recommendation of the board, that an accredited hospital or clinic or an accredited school or college of pharmacy in the State of Nebraska has requested the issuance of a temporary educational permit for an applicant to serve as a graduate student in its approved program for the period involved. Any application for the issuance of such permit shall be signed by the applicant requesting that such permit be issued to him or her and shall designate the specified approved graduate pharmacy educational program with respect to which such permit shall apply.
Source
Laws 1978, LB 675, § 12;
Laws 1996, LB 1044, § 462;
R.S.1943, (2003), § 71-1,147.28;
Laws 2007, LB296, § 347;
Laws 2007, LB463, § 957.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2862 - Temporary educational permit; recommendation for issuance; by whom.

38-2862.
Temporary educational permit; recommendation for issuance; by whom.
The recommendation of the board to the department for the issuance of any temporary educational permits shall be made at regular meetings of the board, but the chairperson or one other member of the board, as specifically selected by the members of the board, and its executive secretary, jointly shall have the power to recommend to the department the issuance of such permits between the meetings of the board.
Source
Laws 1978, LB 675, § 13;
Laws 1999, LB 828, § 122;
R.S.1943, (2003), § 71-1,147.29;
Laws 2007, LB463, § 958.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2863 - Temporary educational permit; fee.

38-2863.
Temporary educational permit; fee.
The recipient of a temporary educational permit shall pay the required fee.
Source
Laws 1978, LB 675, § 14;
Laws 1996, LB 1044, § 463;
Laws 1999, LB 828, § 123;
Laws 2003, LB 242, § 52;
R.S.1943, (2003), § 71-1,147.30;
Laws 2007, LB463, § 959.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2864 - Temporary educational permit; disciplinary actions; appeal.

38-2864.
Temporary educational permit; disciplinary actions; appeal.
Any temporary educational permit granted under the authority of the Pharmacy Practice Act may be suspended, limited, or revoked by the department, with the recommendation of the board, at any time upon a finding that the reasons for issuing such permit no longer exist or that the person to whom such permit has been issued is no longer qualified to hold such permit or for any reason for which a pharmacist license could be suspended, limited, or revoked. A hearing on the suspension, limitation, or revocation of the temporary educational permit by the department shall be held in the same manner as for the denial of a pharmacist license. The final order of the director may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1978, LB 675, § 15;
Laws 1988, LB 352, § 119;
Laws 1996, LB 1044, § 464;
Laws 1999, LB 828, § 124;
Laws 2001, LB 398, § 41;
R.S.1943, (2003), § 71-1,147.31;
Laws 2007, LB296, § 348;
Laws 2007, LB463, § 960.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2865 - Holder; temporary educational permit; receive license; when.

38-2865.
Holder; temporary educational permit; receive license; when.
The holder of a temporary educational permit shall not be entitled to a pharmacist license in the State of Nebraska unless and until such individual meets all of the requirements of law for issuing such pharmacist license.
Source
Laws 1978, LB 675, § 16;
Laws 2001, LB 398, § 42;
R.S.1943, (2003), § 71-1,147.32;
Laws 2007, LB463, § 961.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2866 - Pharmacist; powers.

38-2866.
Pharmacist; powers.
Unless specifically limited by the board or the department, a pharmacist may (1) engage in the practice of pharmacy and telepharmacy, (2) use automation in the practice of pharmacy and telepharmacy, (3) use the abbreviation R.P., RP, R.Ph., or RPh or the title licensed pharmacist or pharmacist, (4) enter into delegated dispensing agreements, (5) supervise pharmacy technicians and pharmacist interns, and (6) possess, without dispensing, prescription drugs and devices, including controlled substances, for purposes of administration, repackaging, or educational use in an accredited pharmacy program. A pharmacy shall not be open for the practice of pharmacy unless a pharmacist is physically present.
Source
Laws 2001, LB 398, § 33;
R.S.1943, (2003), § 71-1,143.03;
Laws 2007, LB463, § 962;
Laws 2008, LB308, § 11;
Laws 2015, LB37, § 42.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2866.01 - Pharmacist; supervision of pharmacy technicians and pharmacist interns.

38-2866.01.
Pharmacist; supervision of pharmacy technicians and pharmacist interns.
A pharmacist may supervise any combination of pharmacy technicians and pharmacist interns at any time up to a total of three people. A pharmacist intern shall be supervised at all times while performing the functions of a pharmacist intern which may include all aspects of the practice of pharmacy unless otherwise restricted. This section does not apply to a pharmacist intern who is receiving experiential training directed by the accredited pharmacy program in which he or she is enrolled.
Source
Laws 2015, LB37, § 43;
Laws 2017, LB166, § 14.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2867 - Pharmacy; scope of practice; prohibited acts; violation; penalty.

38-2867.
Pharmacy; scope of practice; prohibited acts; violation; penalty.
(1) Except as provided for pharmacy technicians in sections 38-2890 to 38-2897, for persons described in subdivision (10) or (11) of section 38-2850, and for individuals authorized to dispense under a delegated dispensing permit, no person other than a licensed pharmacist, a pharmacist intern, or a practitioner with a pharmacy license shall provide pharmaceutical care, compound and dispense drugs or devices, or dispense pursuant to a medical order. Notwithstanding any other provision of law to the contrary, a pharmacist or pharmacist intern may dispense drugs or devices pursuant to a medical order of a practitioner authorized to prescribe in another state if such practitioner could be authorized to prescribe such drugs or devices in this state.
(2) Except as provided for pharmacy technicians in sections 38-2890 to 38-2897, for persons described in subdivision (10) or (11) of section 38-2850, and for individuals authorized to dispense under a delegated dispensing permit, it shall be unlawful for any person to permit or direct a person who is not a pharmacist intern, a licensed pharmacist, or a practitioner with a pharmacy license to provide pharmaceutical care, compound and dispense drugs or devices, or dispense pursuant to a medical order.
(3) It shall be unlawful for any person to coerce or attempt to coerce a pharmacist to enter into a delegated dispensing agreement or to supervise any pharmacy technician for any purpose or in any manner contrary to the professional judgment of the pharmacist. Violation of this subsection by a health care professional regulated pursuant to the Uniform Credentialing Act shall be considered an act of unprofessional conduct. A violation of this subsection by a facility shall be prima facie evidence in an action against the license of the facility pursuant to the Health Care Facility Licensure Act. Any pharmacist subjected to coercion or attempted coercion pursuant to this subsection has a cause of action against the person and may recover his or her damages and reasonable attorney's fees.
(4) Violation of this section by an unlicensed person shall be a Class III misdemeanor.
Source
Laws 1927, c. 167, § 127, p. 493;
C.S.1929, § 71-1808;
R.S.1943, § 71-1,147;
Laws 1961, c. 339, § 3, p. 1063;
Laws 1971, LB 350, § 5;
Laws 1983, LB 476, § 15;
Laws 1993, LB 536, § 50;
Laws 1994, LB 900, § 4;
Laws 1996, LB 1108, § 16;
Laws 1999, LB 594, § 44;
Laws 2001, LB 398, § 34;
R.S.1943, (2003), § 71-1,147;
Laws 2007, LB236, § 30;
Laws 2007, LB247, § 81;
Laws 2007, LB463, § 963;
Laws 2009, LB604, § 8;
Laws 2010, LB849, § 11;
Laws 2015, LB37, § 44.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2867.01 - Authority to compound; standards; labeling; prohibited acts.

38-2867.01.
Authority to compound; standards; labeling; prohibited acts.
(1) Any person authorized to compound shall compound in compliance with the standards of chapters 795 and 797 of The United States Pharmacopeia and The National Formulary, as such chapters existed on January 1, 2023, and shall compound (a) as the result of a practitioner's medical order or initiative occurring in the course of practice based upon the relationship between the practitioner, patient, and pharmacist, (b) for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing, or (c) for office use only and not for resale.
(2) Compounding in a hospital pharmacy may occur for any hospital which is part of the same health care system under common ownership or which is a member of or an affiliated member of a formal network or partnership agreement.
(3)(a) Any authorized person may reconstitute a commercially available drug product in accordance with directions contained in approved labeling provided by the product's manufacturer and other manufacturer directions consistent with labeling.
(b) Any authorized person using beyond-use dating must follow the approved product manufacturer's labeling or the standards of The United States Pharmacopeia and The National Formulary if the product manufacturer's labeling does not specify beyond-use dating.
(c) Any authorized person engaged in activities listed in this subsection is not engaged in compounding, except that any variance from the approved product manufacturer's labeling will result in the person being engaged in compounding.
(4) Any authorized person splitting a scored tablet along scored lines or adding flavoring to a commercially available drug product is not engaged in compounding.
(5) No person shall compound:
(a) A drug that has been identified by the federal Food and Drug Administration as withdrawn or removed from the market because the drug was found to be unsafe or ineffective;
(b) A drug that is essentially a copy of an approved drug unless there is a drug shortage as determined by the board or unless a patient has an allergic reaction to the approved drug; or
(c) A drug that has been identified by the federal Food and Drug Administration or the board as a product which may not be compounded.
Source
Laws 2015, LB37, § 45;
Laws 2023, LB227, § 55.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2867.02 - Pharmacist in charge of hospital pharmacy; duties.

38-2867.02.
Pharmacist in charge of hospital pharmacy; duties.
(1) Beginning January 1, 2017, the pharmacist in charge of a hospital pharmacy shall develop and implement policies and procedures to ensure that a pharmacist reviews all medical orders prior to the first dose being administered to a patient in the hospital. The policies and procedures may provide for either a pharmacist onsite or the use of telepharmacy to comply with this requirement.
(2) This section does not apply to the following situations:
(a) When the practitioner controls the ordering, dispensing, and administration of the drug, such as in the operating room, endoscopy suite, or emergency room; or
(b) When time does not permit the pharmacist's review, such as (i) a stat order meaning a medical order which indicates that the medication is to be given immediately and only once or (ii) when the clinical status of the patient would be significantly compromised by the delay resulting from the pharmacist's review of the order.
Source
Laws 2015, LB37, § 46.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2867.03 - Pharmacist; practice agreement; notice; contents; form; pharmacist intern participation.

38-2867.03.
Pharmacist; practice agreement; notice; contents; form; pharmacist intern participation.
(1) A pharmacist may enter into a practice agreement as provided in this section with a licensed health care practitioner authorized to prescribe independently to provide pharmaceutical care according to written protocols. The pharmacist shall notify the board of any practice agreement at the initiation of the agreement and at the time of any change in parties to the agreement or written protocols. The notice shall be given to both the Board of Pharmacy and the board which licensed the health care practitioner. The notice shall contain the name of each pharmacist participating in the agreement and each licensed health care practitioner authorized to prescribe independently participating in the agreement and a description of the therapy being monitored or initiated.
(2) A copy of the practice agreement and written protocols shall be available for review by a representative of the department. A copy of the practice agreement shall be sent to the Board of Pharmacy upon request by the board.
(3) A practice agreement shall be in writing. Each pharmacist participating in the agreement and each licensed health care practitioner authorized to prescribe independently participating in the agreement shall sign the agreement and the written protocols at the initiation of the agreement and shall review, sign, and date the documents every two years thereafter. A practice agreement is active after it is signed by all the parties listed in the agreement.
(4) A practice agreement and written protocols cease immediately upon (a) the death of either the pharmacist or the practitioner, (b) the loss of license to practice by either the pharmacist or the practitioner, (c) a disciplinary action limiting the ability of either the pharmacist or practitioner to enter into practice agreement, or (d) the individual decision of either the pharmacist or practitioner or mutual agreement by the parties to terminate the agreement.
(5) A pharmacist intern may participate in a practice agreement without expressly being mentioned in the agreement if the pharmacist intern is supervised by a pharmacist who is a party to the agreement.
Source
Laws 2017, LB166, § 15.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2868 - Pharmacist; patient information; privileged.

38-2868.
Pharmacist; patient information; privileged.
(1) Information with regard to a patient maintained by a pharmacist pursuant to the Pharmacy Practice Act shall be privileged and confidential and may be released only to (a) the patient or the caregiver of the patient or others authorized by the patient or his or her legal representative, (b) a physician treating the patient, (c) other physicians or pharmacists when, in the professional judgment of the pharmacist, such release is necessary to protect the patient's health or well-being, or (d) other persons or governmental agencies authorized by law to receive such information.
(2) Nothing in this section shall prohibit the release of confidential information to researchers conducting biomedical, pharmaco-epidemiologic, or pharmaco-economic research pursuant to health research approved by an institutional review board which is established in accordance with 21 C.F.R. parts 50 and 56 or 45 C.F.R. part 46, as such parts existed on April 1, 2006.
Source
Laws 1993, LB 536, § 56;
Laws 1994, LB 900, § 8;
Laws 2001, LB 398, § 46;
R.S.1943, (2003), § 71-1,147.36;
Laws 2007, LB463, § 964.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2871 - Prescription information; transfer; requirements.

38-2871.
Prescription information; transfer; requirements.
(1) Original prescription information for any controlled substances listed in Schedule III, IV, or V of section 28-405 and other prescription drugs or devices not listed in section 28-405 may be transferred between pharmacies for the purpose of refill dispensing on a one-time basis, except that pharmacies electronically sharing a real-time, online database may transfer up to the maximum refills permitted by law and as authorized by the prescribing practitioner on the prescription. Transfers are subject to the following:
(a) The transfer is communicated directly between two pharmacists or pharmacist interns except when the pharmacies can use a real-time, online database;
(b) The transferring pharmacist or pharmacist intern indicates void on the record of the prescription;
(c) The transferring pharmacist or pharmacist intern indicates on the record of the prescription the name, the address, and, if a controlled substance, the Drug Enforcement Administration number of the pharmacy to which the information was transferred, the name of the pharmacist or pharmacist intern receiving the information, the date of transfer, and the name of the transferring pharmacist or pharmacist intern;
(d) The receiving pharmacist or pharmacist intern indicates on the record of the transferred prescription that the prescription is transferred;
(e) The transferred prescription includes the following information:
(i) The date of issuance of the original prescription;
(ii) The original number of refills authorized;
(iii) The date of original dispensing;
(iv) The number of valid refills remaining;
(v) The date and location of last refill; and
(vi) The name, the address, and, if a controlled substance, the Drug Enforcement Administration number of the pharmacy from which the transfer was made, the name of the pharmacist or pharmacist intern transferring the information, the original prescription number, and the date of transfer; and
(f) Both the original and transferred prescriptions must be maintained by the transferring and receiving pharmacy for a period of five years from the date of transfer.
(2) Nothing in this section shall prevent a pharmacist from forwarding an original prescription for a noncontrolled substance to another pharmacy at the request of the patient or the patient’s caregiver. An original prescription for a controlled substance shall not be forwarded to another pharmacy unless permitted under 21 C.F.R. 1306.25.
Source
Laws 2001, LB 398, § 36;
R.S.1943, (2003), § 71-1,146.02;
Laws 2007, LB463, § 967;
Laws 2009, LB195, § 50;
Laws 2016, LB567, § 1.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2872 - Delegated dispensing agreements; authorized.

38-2872.
Delegated dispensing agreements; authorized.
A pharmacist may delegate certain specified dispensing tasks and functions under specified conditions and limitations to another person by entering into a delegated dispensing agreement which serves as the basis for a delegated dispensing permit. A delegated dispensing agreement shall include the address of the site where the dispensing will occur, the name and license number of each pharmacist who will assume the responsibilities of the delegating pharmacist, the name and signature of any individual who will be dispensing pursuant to such agreement, the manner in which inspections must be conducted and documented by the delegating pharmacist, and any other information required by the board. A delegated dispensing agreement shall not become effective until a delegated dispensing permit based upon such agreement is issued by the department, with the recommendation of the board, pursuant to section 38-2873.
Source
Laws 2001, LB 398, § 47;
R.S.1943, (2003), § 71-1,147.62;
Laws 2007, LB463, § 968.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.