reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2616 - Optometry; approved schools; requirements.

38-2616.
Optometry; approved schools; requirements.
No school of optometry shall be approved by the board as an accredited school unless the school is accredited by an accrediting organization which is recognized by the United States Department of Education.
Source
Laws 1927, c. 167, § 114, p. 488;
C.S.1929, § 71-1604;
R.S.1943, § 71-1,136;
Laws 1965, c. 415, § 1, p. 1325;
Laws 1979, LB 9, § 8;
Laws 1994, LB 987, § 3;
Laws 1996, LB 1044, § 440;
R.S.1943, (2003), § 71-1,136;
Laws 2007, LB236, § 26;
Laws 2007, LB296, § 342;
Laws 2007, LB463, § 889;
Laws 2021, LB528, § 10.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2617 - Use of pharmaceutical agents or dispensing of contact lens containing ocular pharmaceutical agent by licensed optometrist; standard of care.

38-2617.
Use of pharmaceutical agents or dispensing of contact lens containing ocular pharmaceutical agent by licensed optometrist; standard of care.
(1) A licensed optometrist who administers or prescribes pharmaceutical agents for examination or for treatment shall provide the same standard of care to patients as that provided by a physician licensed in this state to practice medicine and surgery utilizing the same pharmaceutical agents for examination or treatment.
(2) An optometrist who dispenses a contact lens containing an ocular pharmaceutical agent which is classified by the federal Food and Drug Administration as a drug shall comply with the rules and regulations of the board relating to packaging, labeling, storage, drug utilization review, and record keeping. The board shall adopt and promulgate rules and regulations relating to packaging, labeling, storage, drug utilization review, and record keeping for such contact lenses.
Source
Laws 1993, LB 429, § 3;
Laws 1998, LB 369, § 8;
R.S.1943, (2003), § 71-1,135.06;
Laws 2007, LB236, § 25;
Laws 2007, LB463, § 890;
Laws 2010, LB849, § 7.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2618 - Optometric assistants; authorized.

38-2618.
Optometric assistants; authorized.
Any licensed optometrist may employ optometric assistants. Such assistants, under the supervision of a licensed optometrist, may perform such duties as are prescribed in accordance with rules and regulations adopted and promulgated by the department, with the recommendation of the board.
Source
Laws 2002, LB 1062, § 31;
R.S.1943, (2003), § 71-1,135.07;
Laws 2007, LB463, § 891.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2619 - Optometry; patient's freedom of choice.

38-2619.
Optometry; patient's freedom of choice.
No agencies of the state or its subdivisions administering relief, public assistance, public welfare assistance, or other health service under the laws of this state, including the public schools, shall in the performance of their duties, interfere with any patient's freedom of choice in the selection of practitioners licensed to perform examinations and provide treatment within the field for which their respective licenses entitle them to practice.
Source
Laws 1967, c. 431, § 1, p. 1319;
R.S.1943, (2003), § 71-1,136.04;
Laws 2007, LB236, § 28;
Laws 2007, LB463, § 892.
Cross References
Provisions for insuring cost of service of optometrist, see section 44-513.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2620 - Nebraska Optometry Education Assistance Contract Program; purpose.

38-2620.
Nebraska Optometry Education Assistance Contract Program; purpose.
There is hereby established the Nebraska Optometry Education Assistance Contract Program for the purpose of providing opportunities for citizens of this state desiring to pursue study in the field of optometry at accredited schools and colleges outside the state. Eligibility for the program shall be limited as provided in sections 38-2622 and 38-2623.
Source
Laws 1974, LB 911, § 1;
R.S.1943, (2003), § 71-1,136.05;
Laws 2007, LB463, § 893;
Laws 2011, LB334, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2621 - Program; Board of Regents; administer; rules and regulations; adopt; reports; conditions.

38-2621.
Program; Board of Regents; administer; rules and regulations; adopt; reports; conditions.
The program established by section 38-2620 shall be administered by the Board of Regents of the University of Nebraska. The Board of Regents shall adopt appropriate rules and regulations to carry out sections 38-2620 to 38-2623 and negotiate contract arrangements with accredited schools and colleges of optometry, as provided in section 38-2616, for the admission and education of qualified applicants who are citizens of Nebraska and who have demonstrated their interest, aptitude, and readiness for study in the field of optometry. The Board of Regents shall require reports each year from institutions receiving payments showing the progress and suitability of each student being aided and containing such other information as such board deems proper.
Source
Laws 1974, LB 911, § 2;
R.S.1943, (2003), § 71-1,136.06;
Laws 2007, LB463, § 894.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2622 - Program; financial assistance; number of students.

38-2622.
Program; financial assistance; number of students.
Annual financial payments made under sections 38-2620 to 38-2623 shall be limited to students who participated in or were accepted into the program in the academic year 2010-11 and shall continue for the remaining academic year or years that any such student is enrolled in an accredited school or college of optometry subject to the limitation provided in section 38-2623.
Source
Laws 1974, LB 911, § 3;
R.S.1943, (2003), § 71-1,136.07;
Laws 2007, LB463, § 895;
Laws 2011, LB334, § 4;
Laws 2011, LB637, § 23.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2623 - Program; financial assistance; limitation.

38-2623.
Program; financial assistance; limitation.
Financial assistance under sections 38-2620 to 38-2623 shall be continued not to exceed four years until the enrolled student has received a degree in optometry. Contracts with schools and colleges shall set forth terms and provisions for continuation of such payments.
Source
Laws 1974, LB 911, § 4;
R.S.1943, (2003), § 71-1,136.08;
Laws 2007, LB463, § 896.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2701 - Act, how cited.

38-2701.
Act, how cited.
Sections 38-2701 to 38-2711 shall be known and may be cited as the Perfusion Practice Act.
Source
Laws 2007, LB236, § 8;
R.S.Supp.,2007, § 71-1,390;
Laws 2007, LB247, § 76;
Laws 2017, LB644, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2702 - Legislative findings and declarations.

38-2702.
Legislative findings and declarations.
The Legislature finds and declares that the public interest requires the regulation of the practice of perfusion and the establishment of clear licensure standards for perfusionists and that the health and welfare of the residents of the State of Nebraska will be protected by identifying to the public those individuals who are qualified and legally authorized to practice perfusion.
Source
Laws 2007, LB236, § 9;
R.S.Supp.,2007, § 71-1,391.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2703 - Terms, defined.

38-2703.
Terms, defined.
For purposes of the Perfusion Practice Act:
(1) Board means the Board of Medicine and Surgery;
(2) Extracorporeal circulation means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart, lungs, kidney, liver, or other organs;
(3) Perfusion means the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory, and respiratory systems or other organs, or a combination of such activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under an order and under the supervision of a licensed physician, including:
(a) The use of extracorporeal circulation, long-term cardiopulmonary support techniques including extracorporeal carbon dioxide removal and extracorporeal membrane oxygenation, and associated therapeutic and diagnostic technologies;
(b) Counterpulsation, ventricular assistance, autotransfusion, blood conservation techniques, myocardial and organ preservation, extracorporeal life support, and isolated limb perfusion;
(c) The use of techniques involving blood management, advanced life support, and other related functions; and
(d) In the performance of the acts described in subdivisions (a) through (c) of this subdivision:
(i) The administration of:
(A) Pharmacological and therapeutic agents; and
(B) Blood products or anesthetic agents through the extracorporeal circuit or through an intravenous line as ordered by a physician;
(ii) The performance and use of:
(A) Anticoagulation monitoring and analysis;
(B) Physiologic monitoring and analysis;
(C) Blood gas and chemistry monitoring and analysis;
(D) Hematologic monitoring and analysis;
(E) Hypothermia and hyperthermia;
(F) Hemoconcentration and hemodilution; and
(G) Hemodialysis; and
(iii) The observation of signs and symptoms related to perfusion services, the determination of whether the signs and symptoms exhibit abnormal characteristics, and the implementation of appropriate reporting, clinical perfusion protocols, or changes in, or the initiation of, emergency procedures; and
(4) Perfusionist means a person who is licensed to practice perfusion pursuant to the Perfusion Practice Act.
Source
Laws 2007, LB236, § 10;
R.S.Supp.,2007, § 71-1,392;
Laws 2017, LB644, § 5.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2704 - License required; exceptions.

38-2704.
License required; exceptions.
After September 1, 2007, no person shall practice perfusion, whether or not compensation is received or expected, unless the person holds a license to practice perfusion under the Perfusion Practice Act, except that nothing in the act shall be construed to:
(1) Prohibit any person credentialed to practice under any other law from engaging in the practice for which he or she is credentialed;
(2) Prohibit any student enrolled in a bona fide perfusion training program recognized by the board from performing those duties which are necessary for the student's course of study, if the duties are performed under the supervision and direction of a perfusionist who is on duty and immediately available in the assigned patient care area; or
(3) Prohibit any person from practicing perfusion within the scope of his or her official duties when employed by an agency, bureau, or division of the federal government, serving in the armed forces or the Public Health Service of the United States, or employed by the Veterans Administration.
Source
Laws 2007, LB236, § 11;
R.S.Supp.,2007, § 71-1,393.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2705 - License requirements.

38-2705.
License requirements.
To be eligible to be licensed as a perfusionist, an applicant shall fulfill the following requirements:
(1) Submit evidence of successful completion of a perfusion education program with standards established by the Accreditation Committee for Perfusion Education and approved by the Commission on Accreditation of Allied Health Education Programs or a program with substantially equivalent education standards approved by the board; and
(2) Submit evidence of successful completion of the certification examinations offered by the American Board of Cardiovascular Perfusion, or its successor, or a substantially equivalent examination approved by the board.
Source
Laws 2007, LB236, § 12;
R.S.Supp.,2007, § 71-1,394;
Laws 2007, LB247, § 77.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2706 - Education and examination requirements; waiver.

38-2706.
Education and examination requirements; waiver.
The board may waive the education and examination requirements under section 38-2705 for an applicant who:
(1) Within one hundred eighty days after September 1, 2007, submits evidence satisfactory to the board that he or she has been operating cardiopulmonary bypass systems for cardiac surgical patients as his or her primary function in a licensed health care facility for at least two of the last ten years prior to September 1, 2007;
(2) Submits evidence of holding a current certificate as a Certified Clinical Perfusionist issued by the American Board of Cardiovascular Perfusion, or its successor; or
(3) Submits evidence of holding a credential as a perfusionist issued by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this state.
Source
Laws 2007, LB236, § 13;
R.S.Supp.,2007, § 71-1,395.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2707 - Temporary license.

38-2707.
Temporary license.
(1) The department shall issue a temporary license to a person who has applied for licensure pursuant to the Perfusion Practice Act and who, in the judgment of the department, with the recommendation of the board, is eligible for examination. An applicant with a temporary license issued under this subsection may practice only under the direct supervision of a perfusionist. The board may adopt and promulgate rules and regulations governing such direct supervision which do not require the immediate physical presence of the supervising perfusionist. A temporary license issued under this subsection shall expire one year after the date of issuance and may be renewed for a subsequent one-year period, subject to the rules and regulations adopted under the act. A temporary license issued under this subsection shall be surrendered to the department upon its expiration.
(2) An applicant for licensure pursuant to the act who is a military spouse may apply for a temporary license as provided in section 38-129.01.
Source
Laws 2007, LB236, § 14;
R.S.Supp.,2007, § 71-1,396;
Laws 2017, LB88, § 85.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2709 - Title and abbreviation; use.

38-2709.
Title and abbreviation; use.
No person shall use the title Perfusionist, the abbreviation LP, or any other title, designation, words, letters, abbreviations, or insignia indicating the practice of perfusion unless licensed to practice perfusion.
Source
Laws 2007, LB236, § 16;
R.S.Supp.,2007, § 71-1,398.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2710 - Rules and regulations.

38-2710.
Rules and regulations.
The department, with the recommendation of the board, shall adopt and promulgate rules and regulations to carry out the Perfusion Practice Act.
Source
Laws 2007, LB236, § 17;
R.S.Supp.,2007, § 71-1,399.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2711 - Code of ethics; record of licensees.

38-2711.
Code of ethics; record of licensees.
The board shall adopt and publish a code of ethics for perfusionists and maintain a record of every perfusionist licensed in this state which includes his or her place of business, place of residence, and license date and number.
Source
Laws 2007, LB236, § 18;
R.S.Supp.,2007, § 71-1,400.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2801 - Act, how cited.

38-2801.
Act, how cited.
Sections 38-2801 to 38-28,107 and the Nebraska Drug Product Selection Act shall be known and may be cited as the Pharmacy Practice Act.
Source
Laws 2007, LB247, § 79;
Laws 2007, LB463, § 897;
Laws 2009, LB195, § 47;
Laws 2009, LB604, § 1;
Laws 2011, LB179, § 2;
Laws 2015, LB37, § 29;
Laws 2017, LB166, § 9;
Laws 2017, LB481, § 1;
Laws 2018, LB731, § 67;
Laws 2019, LB74, § 1;
Laws 2023, LB227, § 52.
Operative Date: September 2, 2023
Cross References
Nebraska Drug Product Selection Act, see section 38-28,108.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2802 - Definitions, where found.

38-2802.
Definitions, where found.
For purposes of the Pharmacy Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2803 to 38-2848 apply.
Source
Laws 2007, LB463, § 898;
Laws 2009, LB195, § 48;
Laws 2009, LB604, § 2;
Laws 2011, LB179, § 3;
Laws 2015, LB37, § 30;
Laws 2017, LB166, § 10;
Laws 2017, LB481, § 2;
Laws 2018, LB731, § 68;
Laws 2019, LB74, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2803 - Accredited hospital or clinic, defined.

38-2803.
Accredited hospital or clinic, defined.
Accredited hospital or clinic means a hospital or clinic approved by the board.
Source
Laws 1978, LB 675, § 4;
Laws 1996, LB 1044, § 457;
Laws 1999, LB 828, § 117;
R.S.1943, (2003), § 71-1,147.20;
Laws 2007, LB463, § 899.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2804 - Accredited pharmacy program, defined.

38-2804.
Accredited pharmacy program, defined.
An accredited pharmacy program means one approved by the board upon the recommendation of the accrediting committee of the Accreditation Council for Pharmacy Education. It shall be a pharmacy program which maintains at least a three-year course in pharmacy, consisting of not less than thirty-two weeks of instruction each school year. Such pharmacy program shall require as a condition to enrollment therein two full years of college or university credit. The combined course shall consist of five years of college or university credit each year of which shall consist of not less than thirty-two weeks of instruction.
Source
Laws 1927, c. 167, § 125, p. 492;
C.S.1929, § 71-1806;
Laws 1939, c. 91, § 2, p. 393;
C.S.Supp.,1941, § 71-1806;
Laws 1943, c. 151, § 3, p. 553;
R.S.1943, § 71-1,146;
Laws 1971, LB 350, § 4;
Laws 1999, LB 828, § 111;
Laws 2004, LB 1005, § 16;
R.S.Supp.,2006, § 71-1,146;
Laws 2007, LB463, § 900.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2805 - Accredited school or college of pharmacy, defined.

38-2805.
Accredited school or college of pharmacy, defined.
Accredited school or college of pharmacy means a school or college of pharmacy or a department of pharmacy of a university approved by the board pursuant to section 38-2804.
Source
Laws 1978, LB 675, § 5;
Laws 1999, LB 828, § 118;
R.S.1943, (2003), § 71-1,147.21;
Laws 2007, LB463, § 901.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2805.01 - Accrediting body, defined.

38-2805.01.
Accrediting body, defined.
Accrediting body means an entity recognized by the Centers for Medicare and Medicaid Services to provide accrediting services for the Medicare Part B Home Medical Equipment Services Benefit.
Source
Laws 2009, LB604, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2806 - Administer, defined.

38-2806.
Administer, defined.
Administer means to directly apply a drug or device by injection, inhalation, ingestion, or other means to the body of a patient or research subject.
Source
Laws 2007, LB463, § 902.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2807 - Administration, defined.

38-2807.
Administration, defined.
Administration means the act of (1) administering, (2) keeping a record of such activity, and (3) observing, monitoring, reporting, and otherwise taking appropriate action regarding desired effect, side effect, interaction, and contraindication associated with administering the drug or device.
Source
Laws 2007, LB463, § 903.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2807.01 - Bioequivalent, defined.

38-2807.01.
Bioequivalent, defined.
Bioequivalent means drug products: (1) That are legally marketed under regulations promulgated by the federal Food and Drug Administration; (2) that are the same dosage form of the identical active ingredients in the identical amounts as the drug product prescribed; (3) that comply with compendial standards and are consistent from lot to lot with respect to (a) purity of ingredients, (b) weight variation, (c) uniformity of content, and (d) stability; and (4) for which the federal Food and Drug Administration has established bioequivalent standards or has determined that no bioequivalence problems exist.
Source
Laws 1977, LB 103, § 2;
Laws 1983, LB 476, § 21;
Laws 1989, LB 342, § 36;
Laws 1996, LB 1044, § 720;
Laws 1998, LB 1073, § 148;
Laws 2001, LB 398, § 76;
Laws 2003, LB 667, § 15;
Laws 2005, LB 382, § 11;
Laws 2007, LB296, § 622;
Laws 2007, LB463, § 1232;
R.S.1943, (2009), § 71-5402;
Laws 2015, LB37, § 61;
R.S.1943, (2016), § 38-28,110;
Laws 2017, LB481, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2807.02 - Biological product, defined.

38-2807.02.
Biological product, defined.
Biological product has the same meaning as in 42 U.S.C. 262, as such section existed on January 1, 2017.
Source
Laws 2017, LB481, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2807.03 - Brand name, defined.

38-2807.03.
Brand name, defined.
Brand name means the proprietary or trade name selected by the manufacturer, distributor, or packager for a drug product and placed upon the labeling of such product at the time of packaging.
Source
Laws 2017, LB481, § 5.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2808.01 - Calculated expiration date, defined.

38-2808.01.
Calculated expiration date, defined.
Calculated expiration date means the expiration date on the manufacturer's, packager's, or distributor's container or one year from the date the drug or device is repackaged, whichever is earlier.
Source
Laws 2015, LB37, § 31.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2810 - Chart order, defined.

38-2810.
Chart order, defined.
Chart order means an order for a drug or device issued by a practitioner for a patient who is in the hospital or long-term care facility where the chart is stored or for a patient receiving detoxification treatment or maintenance treatment pursuant to section 28-412. Chart order does not include a prescription and may not be used to authorize dispensing of a controlled substance to a patient in a long-term care facility.
Source
Laws 2007, LB463, § 906;
Laws 2015, LB37, § 32.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2810.01 - Chemically equivalent, defined.

38-2810.01.
Chemically equivalent, defined.
Chemically equivalent means drug products that contain amounts of the identical therapeutically active ingredients in the identical strength, quantity, and dosage form and that meet present compendial standards.
Source
Laws 2017, LB481, § 6.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2812 - Delegated dispensing, defined.

38-2812.
Delegated dispensing, defined.
Delegated dispensing means the practice of pharmacy by which one or more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or more persons pursuant to sections 38-2872 to 38-2889 under a protocol which provides that such person may perform certain dispensing functions authorized by the pharmacist or pharmacists under certain specified conditions and limitations.
Source
Laws 2007, LB463, § 908.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2814 - Device, defined.

38-2814.
Device, defined.
Device means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is prescribed by a practitioner and dispensed by a pharmacist or other person authorized by law to do so.
Source
Laws 2007, LB463, § 910.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2815 - Dialysis drug or device distributor, defined.

38-2815.
Dialysis drug or device distributor, defined.
Dialysis drug or device distributor means a manufacturer or wholesaler who provides dialysis drugs, solutions, supplies, or devices, to persons with chronic kidney failure for self-administration at the person's home or specified address, pursuant to a prescription.
Source
Laws 2007, LB463, § 911.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2816 - Dialysis drug or device distributor worker, defined.

38-2816.
Dialysis drug or device distributor worker, defined.
Dialysis drug or device distributor worker means a person working for a dialysis drug or device distributor with a delegated dispensing permit who has completed the approved training and has demonstrated proficiency to perform the task or tasks of assembling, labeling, or delivering drugs or devices pursuant to a prescription.
Source
Laws 2007, LB463, § 912.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2817 - Dispense or dispensing, defined.

38-2817.
Dispense or dispensing, defined.
(1) Dispense or dispensing means interpreting, evaluating, and implementing a medical order, including preparing and delivering a drug or device to a patient or caregiver in a suitable container appropriately labeled for subsequent administration to, or use by, a patient.
(2) Dispensing includes (a) dispensing incident to practice, (b) dispensing pursuant to a delegated dispensing permit, (c) dispensing pursuant to a medical order, and (d) any transfer of a prescription drug or device to a patient or caregiver other than by administering.
Source
Laws 2007, LB463, § 913.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2818.01 - Drug sample or sample medication; defined.

38-2818.01.
Drug sample or sample medication; defined.
Drug sample or sample medication means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug. Each sample unit shall bear a label that clearly denotes its status as a drug sample, which may include, but need not be limited to, the words sample, not for sale, or professional courtesy package.
Source
Laws 2011, LB179, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2818.03 - Drug product select, defined.

38-2818.03.
Drug product select, defined.
Drug product select means to dispense, without the practitioner's express authorization, an equivalent drug product or an interchangeable biological product in place of the brand-name drug or the biological product contained in a medical order of such practitioner.
Source
Laws 2017, LB481, § 8.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2819 - Drugs, medicines, and medicinal substances, defined.

38-2819.
Drugs, medicines, and medicinal substances, defined.
Drugs, medicines, and medicinal substances means (1) articles recognized in The United States Pharmacopeia and The National Formulary, the Homeopathic Pharmacopoeia of the United States, or any supplement to any of them, (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in humans or animals, (3) articles, except food, intended to affect the structure or any function of the body of a human or an animal, (4) articles intended for use as a component of any articles specified in subdivision (1), (2), or (3) of this section, except any device or its components, parts, or accessories, and (5) prescription drugs or devices.
Source
Laws 2007, LB463, § 915;
Laws 2015, LB37, § 34.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2823 - Facsimile, defined.

38-2823.
Facsimile, defined.
Facsimile means a copy generated by a system that encodes a document or photograph into electrical signals, transmits those signals over telecommunications lines, and reconstructs the signals to create an exact duplicate of the original document at the receiving end.
Source
Laws 2007, LB463, § 919.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2823.01 - Generic name, defined.

38-2823.01.
Generic name, defined.
Generic name means the official title of a drug or drug combination as determined by the United States Adopted Names Council and accepted by the federal Food and Drug Administration of those drug products having the same active chemical ingredients in the same strength and quantity.
Source
Laws 2017, LB481, § 10.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2824 - Graduate pharmacy education or approved program, defined.

38-2824.
Graduate pharmacy education or approved program, defined.
Graduate pharmacy education or approved program means a period of supervised educational training by a graduate of an accredited school or college of pharmacy, which training has been approved by the board.
Source
Laws 1978, LB 675, § 3;
Laws 1996, LB 1044, § 456;
Laws 1999, LB 828, § 116;
R.S.1943, (2003), § 71-1,147.19;
Laws 2007, LB463, § 920.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2825.01 - Hospital pharmacy, defined.

38-2825.01.
Hospital pharmacy, defined.
Hospital pharmacy means each facility licensed as a hospital in which the compounding, preparation for administration, or dispensing of drugs or devices pursuant to a chart order occurs for patients within the confines of the hospital with oversight by a pharmacist in charge.
Source
Laws 2015, LB37, § 35.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2825.02 - Interchangeable biological product, defined.

38-2825.02.
Interchangeable biological product, defined.
Interchangeable biological product means a biological product that the federal Food and Drug Administration:
(1) Has licensed and has determined meets the standards for interchangeability pursuant to 42 U.S.C. 262(k)(4), as such section existed on January 1, 2017, or as set forth in the Lists of Licensed Biological Products with Reference Product Exclusivity and Biosimilarity or Interchangeability Evaluations published by the federal Food and Drug Administration, as such publication existed on January 1, 2017; or
(2) Has determined is therapeutically equivalent as set forth in the Approved Drug Products with Therapeutic Equivalence Evaluations of the federal Food and Drug Administration, as such publication existed on January 1, 2017.
Source
Laws 2017, LB481, § 11.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2826 - Labeling, defined.

38-2826.
Labeling, defined.
Labeling means the process of preparing and affixing a label to any drug container or device container, exclusive of the labeling by a manufacturer, packager, or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all information required by federal and state law or regulation. Compliance with labeling requirements under federal law for devices described in subsection (2) of section 38-2841, medical gases, and medical gas devices constitutes compliance with state law and regulations for purposes of this section. Labeling does not include affixing an auxiliary sticker or other such notation to a container after a drug has been dispensed when the sticker or notation is affixed by a person credentialed under the Uniform Credentialing Act in a facility licensed under the Health Care Facility Licensure Act.
Source
Laws 2007, LB463, § 922;
Laws 2009, LB604, § 6;
Laws 2010, LB849, § 8;
Laws 2020, LB1052, § 2.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2826.01 - Long-term care facility, defined.

38-2826.01.
Long-term care facility, defined.
Long-term care facility means an intermediate care facility, an intermediate care facility for persons with developmental disabilities, a long-term care hospital, a mental health substance use treatment center, a nursing facility, or a skilled nursing facility, as such terms are defined in the Health Care Facility Licensure Act.
Source
Laws 2009, LB195, § 49;
Laws 2013, LB23, § 8;
Laws 2018, LB1034, § 43.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2829 - Nonprescription drugs, defined.

38-2829.
Nonprescription drugs, defined.
Nonprescription drugs means nonnarcotic medicines or drugs which may be sold without a medical order and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws and regulations of this state and the federal government.
Source
Laws 2007, LB463, § 925.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2830 - Patient counseling, defined.

38-2830.
Patient counseling, defined.
Patient counseling means the verbal communication by a pharmacist, pharmacist intern, or practitioner, in a manner reflecting dignity and the right of the patient to a reasonable degree of privacy, of information to the patient or caregiver in order to improve therapeutic outcomes by maximizing proper use of prescription drugs and devices and also includes the duties set out in section 38-2869.
Source
Laws 2007, LB463, § 926.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2831 - Pharmaceutical care, defined.

38-2831.
Pharmaceutical care, defined.
(1) Pharmaceutical care means the provision of drug therapy by a pharmacist for the purpose of achieving therapeutic outcomes that improve a patient's quality of life. Such outcomes include (a) the cure of disease, (b) the elimination or reduction of a patient's symptomatology, (c) the arrest or slowing of a disease process, or (d) the prevention of a disease or symptomatology.
(2) Pharmaceutical care includes the process through which the pharmacist works in concert with the patient and his or her caregiver, physician, or other professionals in designing, implementing, and monitoring a therapeutic plan that will produce specific therapeutic outcomes for the patient.
Source
Laws 2007, LB463, § 927;
Laws 2015, LB37, § 36.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2833 - Pharmacist in charge, defined.

38-2833.
Pharmacist in charge, defined.
Pharmacist in charge means a pharmacist who is designated on a pharmacy license or a remote dispensing pharmacy license or designated by a hospital as being responsible for the practice of pharmacy in the pharmacy for which a pharmacy license or a remote dispensing pharmacy license is issued or in a hospital pharmacy and who works within the physical confines of such pharmacy or hospital pharmacy, except that the pharmacist in charge is not required to work within the physical confines of a remote dispensing pharmacy unless otherwise required by law.
Source
Laws 2007, LB463, § 929;
Laws 2015, LB37, § 37;
Laws 2018, LB731, § 69.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2836 - Pharmacy technician, defined.

38-2836.
Pharmacy technician, defined.
Pharmacy technician means an individual registered under sections 38-2890 to 38-2897.
Source
Laws 2007, LB247, § 80;
Laws 2007, LB463, § 932.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2836.01 - Practice agreement, defined.

38-2836.01.
Practice agreement, defined.
Practice agreement means a document signed by a pharmacist and a practitioner with independent prescribing authority, in which the pharmacist agrees to design, implement, and monitor a therapeutic plan based on a written protocol.
Source
Laws 2017, LB166, § 11.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2837 - Practice of pharmacy, defined.

38-2837.
Practice of pharmacy, defined.
(1) Practice of pharmacy means (a) the interpretation, evaluation, and implementation of a medical order, (b) the dispensing of drugs and devices, (c) drug product selection, (d) the administration of drugs or devices, (e) drug utilization review, (f) patient counseling, (g) the provision of pharmaceutical care, (h) medication therapy management, and (i) the responsibility for compounding and labeling of dispensed or repackaged drugs and devices, proper and safe storage of drugs and devices, and maintenance of proper records.
(2) The active practice of pharmacy means the performance of the functions set out in this section by a pharmacist as his or her principal or ordinary occupation.
Source
Laws 2007, LB463, § 933;
Laws 2015, LB37, § 38.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2838 - Practitioner, defined.

38-2838.
Practitioner, defined.
Practitioner means a certified registered nurse anesthetist, a certified nurse midwife, a dentist, an optometrist, a nurse practitioner, a physician assistant, a physician, a podiatrist, or a veterinarian.
Source
Laws 2007, LB463, § 934.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2840 - Prescription, defined.

38-2840.
Prescription, defined.
Prescription means an order for a drug or device issued by a practitioner for a specific patient, for emergency use, or for use in immunizations. Prescription does not include a chart order.
Source
Laws 2007, LB463, § 936.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2841 - Prescription drug or device or legend drug or device, defined.

38-2841.
Prescription drug or device or legend drug or device, defined.
(1) Prescription drug or device or legend drug or device means:
(a) A drug or device which is required under federal law to be labeled with one of the following statements prior to being dispensed or delivered:
(i) Caution: Federal law prohibits dispensing without prescription;
(ii) Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian; or
(iii) "Rx Only"; or
(b) A drug or device which is required by any applicable federal or state law to be dispensed pursuant only to a prescription or chart order or which is restricted to use by practitioners only.
(2) Prescription drug or device or legend drug or device does not include a type of device, including supplies and device components, which carries the federal Food and Drug Administration legend "Caution: Federal law restricts this device to sale by or on the order of a licensed health care practitioner" or an alternative legend approved by the federal Food and Drug Administration which it recognizes, in published guidance, as conveying essentially the same message.
Source
Laws 2007, LB463, § 937;
Laws 2010, LB849, § 9.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2842 - Public health clinic, defined.

38-2842.
Public health clinic, defined.
Public health clinic means the department, any county, city-county, or multicounty health department, or any private not-for-profit family planning clinic licensed as a health clinic as defined in section 71-416.
Source
Laws 2007, LB463, § 938.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2843 - Public health clinic worker, defined.

38-2843.
Public health clinic worker, defined.
Public health clinic worker means a person in a public health clinic with a delegated dispensing permit who has completed the approved training and has demonstrated proficiency to perform the task of dispensing authorized refills of contraceptives pursuant to a written prescription.
Source
Laws 2007, LB463, § 939;
Laws 2015, LB37, § 39.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2843.01 - Repackage, defined.

38-2843.01.
Repackage, defined.
Repackage means the act of taking a drug product from the container in which it was distributed by the manufacturer and placing it into a different container without further manipulation of the drug. Repackaging also includes the act of placing the contents of multiple containers, such as vials, of the same finished drug product into one container so long as the container does not contain other ingredients or is not further manipulated to change the drug product in any way.
Source
Laws 2017, LB166, § 12.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2844 - Signature, defined.

38-2844.
Signature, defined.
Signature means the name, word, or mark of a person written in his or her own hand with the intent to authenticate a writing or other form of communication or a digital signature which complies with section 86-611 or an electronic signature.
Source
Laws 2007, LB463, § 940.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2845 - Supervision, defined.

38-2845.
Supervision, defined.
Supervision means the personal guidance and direction by a pharmacist of the performance by a pharmacy technician of authorized activities or functions subject to (1) verification by such pharmacist or (2) validation by a certified pharmacy technician subject to section 38-2891.01. Supervision of a pharmacy technician may occur by means of a real-time audiovisual communication system.
Source
Laws 2007, LB463, § 941;
Laws 2013, LB326, § 1;
Laws 2019, LB74, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2845.01 - Telepharmacy, defined.

38-2845.01.
Telepharmacy, defined.
Telepharmacy means the provision of pharmacist care, by a pharmacist located within the United States, using telecommunications, remote order entry, or other automations and technologies to deliver care to patients or their agents who are located at sites other than where the pharmacist is located.
Source
Laws 2015, LB37, § 40.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2846 - Temporary educational permit, defined.

38-2846.
Temporary educational permit, defined.
Temporary educational permit means a permit to practice pharmacy in a supervised educational program approved by the board.
Source
Laws 1978, LB 675, § 2;
Laws 1999, LB 828, § 115;
R.S.1943, (2003), § 71-1,147.18;
Laws 2007, LB463, § 942.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2846.01 - Validation, defined.

38-2846.01.
Validation, defined.
Validation means the action of a certified pharmacy technician checking the accuracy and completeness of the acts, tasks, or functions undertaken by another certified pharmacy technician as provided in section 38-2891.01.
Source
Laws 2019, LB74, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2847 - Verification, defined.

38-2847.
Verification, defined.
(1) Verification means the confirmation by a supervising pharmacist of the accuracy and completeness of the acts, tasks, or functions undertaken by a pharmacy technician to assist the pharmacist in the practice of pharmacy.
(2) Verification shall occur by a pharmacist on duty in the facility, except that verification may occur by means of a real-time audiovisual communication system if (a) a pharmacy technician performs authorized activities or functions to assist a pharmacist and the prescribed drugs or devices will be administered to persons who are patients or residents of a facility by a credentialed individual authorized to administer medications or (b) a pharmacy technician is engaged in remote dispensing in compliance with section 71-436.02.
Source
Laws 2007, LB463, § 943;
Laws 2013, LB326, § 2;
Laws 2018, LB731, § 73.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2848 - Written protocol, defined.

38-2848.
Written protocol, defined.
Written protocol means a written template, agreed to by pharmacists and practitioners with independent prescribing authority, working in concert, which directs how the pharmacists will implement and monitor a therapeutic plan.
Source
Laws 2017, LB166, § 13.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2849 - Board; membership; qualifications.

38-2849.
Board; membership; qualifications.
The board shall be composed of five members, including four actively practicing pharmacists, at least one of whom practices within the confines of a hospital, and one public member who is interested in the health of the people of Nebraska.
Source
Laws 2007, LB463, § 945.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2851 - Pharmacist; license; requirements.

38-2851.
Pharmacist; license; requirements.
(1) To be eligible to take the pharmacist licensure examination, every applicant must present proof of graduation from an accredited pharmacy program. A graduate of a pharmacy program located outside of the United States and which is not accredited shall be deemed to have satisfied the requirement of being a graduate of an accredited pharmacy program upon providing evidence satisfactory to the department, with the recommendation of the board, of graduation from such foreign pharmacy program and upon successfully passing an equivalency examination approved by the board.
(2) Every applicant for licensure as a pharmacist shall (a) pass a pharmacist licensure examination approved by the board, (b) have graduated from a pharmacy program pursuant to subsection (1) of this section, and (c) present proof satisfactory to the department, with the recommendation of the board, that he or she has met one of the following requirements to demonstrate his or her current competency: (i) Within the last three years, has passed a pharmacist licensure examination approved by the board; (ii) has been in the active practice of the profession of pharmacy in another state, territory, or the District of Columbia for at least one year within the three years immediately preceding the application for licensure; (iii) has become board certified in a specialty recognized by the Board of Pharmacy Specialties or its successor within the seven years immediately preceding the application for licensure; (iv) is duly licensed as a pharmacist in some other state, territory, or the District of Columbia in which, under like conditions, licensure as a pharmacist is granted in this state; or (v) has completed continuing competency in pharmacy that is approved by the Board of Pharmacy.
(3) Proof of the qualifications for licensure prescribed in this section shall be made to the satisfaction of the department, with the recommendation of the board. Graduation from an accredited pharmacy program shall be certified by the appropriate school, college, or university authority by the issuance of the degree granted to a graduate of such school, college, or university.
Source
Laws 1927, c. 167, § 123, p. 491;
C.S.1929, § 71-1804;
Laws 1939, c. 91, § 1, p. 393;
C.S.Supp.,1941, § 71-1804;
Laws 1943, c. 151, § 2, p. 552;
R.S.1943, § 71-1,145;
Laws 1971, LB 350, § 3;
Laws 1974, LB 811, § 14;
Laws 1983, LB 476, § 14;
Laws 1996, LB 1044, § 449;
Laws 1999, LB 828, § 110;
R.S.Supp.,2000, § 71-1,145;
Laws 2001, LB 398, § 30;
Laws 2003, LB 242, § 51;
Laws 2003, LB 245, § 13;
Laws 2004, LB 1005, § 15;
R.S.Supp.,2006, § 71-1,143.01;
Laws 2007, LB296, § 345;
Laws 2007, LB463, § 947;
Laws 2011, LB179, § 5.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2852 - Examinations; grade.

38-2852.
Examinations; grade.
Every applicant for licensure as a pharmacist shall be required to attain a grade to be determined by the board in an examination in pharmacy and in an examination in jurisprudence of pharmacy.
Source
Laws 2007, LB463, § 948;
Laws 2023, LB227, § 54.
Operative Date: September 2, 2023