reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7104 - Critical Incident Stress Management Program; created; duties.

71-7104.
Critical Incident Stress Management Program; created; duties.
There is hereby created the Critical Incident Stress Management Program. The focus of the program shall be to minimize the harmful effects of critical incident stress for emergency service personnel, with a high priority on confidentiality and respect for the individuals involved. The program shall:
(1) Provide a stress management session to emergency service personnel who appropriately request such assistance in an effort to address critical incident stress;
(2) Assist in providing the emotional and educational support necessary to ensure optimal functioning of emergency service personnel;
(3) Conduct preincident educational programs to acquaint emergency service personnel with stress management techniques;
(4) Promote interagency cooperation;
(5) Provide an organized statewide response to the emotional needs of emergency service personnel impacted by critical incidents;
(6) Develop guidelines for resilience training for first responders under section 48-101.01;
(7) Set reimbursement rates for mental health examinations and resilience training under section 48-101.01; and
(8) Set an annual limit on the hours or quantity of resilience training for which reimbursement is required under section 48-101.01.
Source
Laws 1991, LB 703, § 4;
Laws 1997, LB 184, § 4;
Laws 2020, LB963, § 3;
Laws 2023, LB191, § 18.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7105 - Critical Incident Stress Management Council; created; members; duties.

71-7105.
Critical Incident Stress Management Council; created; members; duties.
There is hereby created the Critical Incident Stress Management Council. The council shall be composed of two representatives of the Department of Health and Human Services, the State Fire Marshal, the Superintendent of Law Enforcement and Public Safety, and the Adjutant General as director of the Nebraska Emergency Management Agency. The council shall specify the organizational and operational goals for the program and shall provide overall policy direction for the program.
Source
Laws 1991, LB 703, § 5;
Laws 1996, LB 1044, § 773;
Laws 1997, LB 184, § 5;
Laws 2007, LB296, § 669.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7106 - Interagency Management Committee; created; members; duties.

71-7106.
Interagency Management Committee; created; members; duties.
There is hereby created the Interagency Management Committee. Each member of the council shall designate a representative of his or her agency to be a member of the committee. The committee shall be responsible for:
(1) Planning and budget development;
(2) Program development and evaluation;
(3) Coordination of program activities and emergency response;
(4) Providing a mechanism for quality assurance which may include certification of critical incident stress management team members;
(5) Identifying critical incident stress management regions;
(6) Developing regulations and standards;
(7) Arranging for and supporting training of critical incident stress management teams; and
(8) Providing backup to regional critical incident stress management teams.
Source
Laws 1991, LB 703, § 6;
Laws 1997, LB 184, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7107 - Department of Health and Human Services; duties.

71-7107.
Department of Health and Human Services; duties.
The Department of Health and Human Services shall be the lead agency for the program. The department shall:
(1) Provide office support to program activities;
(2) Provide necessary equipment for the program and participants;
(3) Provide staff support to the council;
(4) Adopt and promulgate rules and regulations to implement the program;
(5) Recruit hospital personnel and emergency medical workers to be trained as critical incident stress management peers;
(6) Participate in the training and continuing education of such peers and mental health professionals; and
(7) Appoint a director for the program who shall be an employee of the department and shall be the chairperson of the committee.
Source
Laws 1991, LB 703, § 7;
Laws 1996, LB 1044, § 774;
Laws 1997, LB 184, § 7;
Laws 2007, LB296, § 670.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7108 - Department of Health and Human Services; Nebraska State Patrol; State Fire Marshal; Nebraska Emergency Management Agency; duties.

71-7108.
Department of Health and Human Services; Nebraska State Patrol; State Fire Marshal; Nebraska Emergency Management Agency; duties.
(1) The Department of Health and Human Services shall participate in the council and committee, recruit mental health workers for each critical incident stress management region, and participate in the training and continuing education activities of critical incident stress management peers and mental health professionals.
(2) The Nebraska State Patrol shall participate in the council and committee, receive all initial requests for stress management sessions, coordinate transportation requirements for critical incident stress management team members, recruit members of the law enforcement profession in each region to be trained as critical incident stress management peers, participate in the training and continuing education activities of critical incident stress management peers and mental health professionals, and appoint a member of the patrol to each regional management committee.
(3) The State Fire Marshal shall participate in the council and committee, cooperate in providing transportation for critical incident stress management teams, recruit firefighters to be trained as critical incident stress management peers in each critical incident stress management region, participate in the training and continuing education activities of critical incident stress management peers and mental health professionals, and appoint an individual who is employed by the State Fire Marshal to be on each regional management committee.
(4) The Nebraska Emergency Management Agency shall participate in the council and committee, promote stress management planning as part of emergency management preparedness, promote preincident education programs to acquaint emergency service personnel with stress management techniques, and participate in the training and continuing education activities of critical incident stress management peers and mental health professionals.
Source
Laws 1991, LB 703, § 8;
Laws 1996, LB 1044, § 775;
Laws 1997, LB 184, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7109 - Statewide clinical director; appointment; duties.

71-7109.
Statewide clinical director; appointment; duties.
The council shall appoint a statewide clinical director. The statewide clinical director shall be a member of the committee and, working with the committee, shall supervise and evaluate the professional and peer support team members, including the regional clinical directors. The statewide clinical director may conduct critical incident stress management training and continuing education activities.
Source
Laws 1991, LB 703, § 9;
Laws 1997, LB 184, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7110 - Critical incident stress management region; regional management committee; membership; regional clinical director; duties.

71-7110.
Critical incident stress management region; regional management committee; membership; regional clinical director; duties.
Each critical incident stress management region shall have a regional management committee composed of representatives of the Department of Health and Human Services, the State Fire Marshal, and the Nebraska State Patrol and a regional clinical director. The regional clinical director shall have a graduate degree in a mental health discipline. The regional management committee shall be responsible for the implementation and coordination of the program in the region according to the specifications developed by the council and Interagency Management Committee. The regional management committee shall develop critical incident stress management teams to facilitate the stress management process.
Source
Laws 1991, LB 703, § 10;
Laws 1996, LB 1044, § 776;
Laws 1997, LB 184, § 10;
Laws 2007, LB296, § 671.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7111 - Statewide critical incident stress management team; members; immunity.

71-7111.
Statewide critical incident stress management team; members; immunity.
No individual who provides gratuitous assistance to emergency service personnel as a member of the statewide critical incident stress management team in accordance with the Critical Incident Stress Management Act and the rules and regulations shall be held liable for any civil damages as a result of any act of commission or omission arising out of and in the course of rendering such assistance in good faith or any act or failure to act to provide or arrange for mental health treatment or care for emergency service personnel.
Source
Laws 1991, LB 703, § 11;
Laws 1997, LB 184, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7112 - Confidentiality of information.

71-7112.
Confidentiality of information.
Any information acquired during a stress management session shall be confidential and shall not be disclosed except to the extent necessary to provide assistance pursuant to the stress management session. Information otherwise available from the original source shall not be immune from discovery or use in any civil or criminal action merely because the information was presented during a stress management session if the testimony sought is otherwise permissible and discoverable.
Source
Laws 1993, LB 536, § 108;
Laws 1997, LB 184, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7113 - State correctional employees; services provided.

71-7113.
State correctional employees; services provided.
All services available and provided to emergency service personnel under the Critical Incident Stress Management Act shall also be available and provided to state correctional employees for incidents which occur in the course of their duties or at their worksite.
Source
Laws 1997, LB 184, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7202 - Determination of death.

71-7202.
Determination of death.
Only an individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.
Source
Laws 1992, LB 906, § 2.
Annotations
The Uniform Determination of Death Act does not establish a rule of evidence requiring that in all cases involving an alleged decedent, the fact of death must be medically established. State v. Edwards, 278 Neb. 55, 767 N.W.2d 784 (2009).
The presence of an independent heartbeat and the existence of some brain stem activity means that an infant is alive for purposes of this section. In re Interest of Tabatha R., 252 Neb. 687, 564 N.W.2d 598 (1997).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7203 - Act, how construed.

71-7203.
Act, how construed.
The Uniform Determination of Death Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it.
Source
Laws 1992, LB 906, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7301 - Act, how cited.

71-7301.
Act, how cited.
Sections 71-7301 to 71-7307 shall be known and may be cited as the Let Them Grow Act.
Source
Laws 2023, LB574, § 14.
Operative Date: October 1, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7302 - Legislative findings.

71-7302.
Legislative findings.
The Legislature finds that:
(1) The state has a compelling government interest in protecting the health and safety of its citizens, especially vulnerable children;
(2) Genital and nongenital gender-altering surgeries are generally not recommended for children, although evidence indicates referral for children to have such surgeries are becoming more frequent; and
(3) Genital and nongenital gender-altering surgery includes several irreversible and invasive procedures for biological males and biological females and involves the alteration of biologically healthy and functional body parts.
Source
Laws 2023, LB574, § 15.
Operative Date: October 1, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7304 - Gender-altering procedures; prohibited, when; considered unprofessional conduct; applicability of section.

71-7304.
Gender-altering procedures; prohibited, when; considered unprofessional conduct; applicability of section.
(1) Except as provided in the Let Them Grow Act and the rules and regulations adopted and promulgated pursuant to the act, a health care practitioner shall not perform gender-altering procedures in this state for an individual younger than nineteen years of age.
(2) The intentional and knowing performance of gender-altering procedures by a health care practitioner for an individual younger than nineteen years of age in violation of subsection (1) of this section shall be considered unprofessional conduct as defined in section 38-179.
(3) This section does not apply to the continuation of treatment using puberty-blocking drugs, cross-sex hormones, or both when the course of treatment began before October 1, 2023.
(4) This section does not apply to nonsurgical gender-altering procedures when such procedures are provided in compliance with the rules and regulations adopted and promulgated pursuant to section 71-7305.
Source
Laws 2023, LB574, § 17.
Operative Date: October 1, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7305 - Nonsurgical gender-altering procedures; rules and regulations.

71-7305.
Nonsurgical gender-altering procedures; rules and regulations.
(1) The chief medical officer as designated in section 81-3115 shall adopt and promulgate such rules and regulations as are necessary to provide for nonsurgical gender-altering procedures for individuals younger than nineteen years of age, such as puberty-blocking drugs, cross-sex hormones, or both. Such rules and regulations shall be consistent with the Let Them Grow Act and, at a minimum, include the following:
(a) Specify that a health care practitioner may prescribe approved puberty-blocking drugs, cross-sex hormones, or both to an individual younger than nineteen years of age if such individual has a long-lasting and intense pattern of gender nonconformity or gender dysphoria which began or worsened at the start of puberty;
(b) Specific criteria, obligations, or conditions regulating the administration, prescribing, delivery, sale, or use of puberty-blocking drugs, cross-sex hormones, or both involving an individual younger than nineteen years of age in accordance with subdivision (1)(a) of this section, which shall, at a minimum, set forth the following:
(i) The minimum number of gender-identity-focused therapeutic hours required prior to an individual receiving puberty-blocking drugs, cross-sex hormones, or both;
(ii) Patient advisory requirements necessary for a health care practitioner to obtain informed patient consent;
(iii) Patient medical record documentation requirements to ensure compliance with the act; and
(iv) A minimum waiting period between the time the health care practitioner obtains informed patient consent and the administration, prescribing, or delivery of puberty-blocking drugs, cross-sex hormones, or both to such patient; and
(c) Specify that section 71-7304 does not apply to nonsurgical gender-altering procedures when such procedures are provided in compliance with the rules and regulations adopted and promulgated pursuant to this section.
(2) The Department of Health and Human Services may adopt and promulgate rules and regulations not inconsistent with the rules and regulations adopted and promulgated by the chief medical officer that are necessary to carry out the Let Them Grow Act.
Source
Laws 2023, LB574, § 18.
Operative Date: October 1, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7306 - Gender-altering procedures; state funds; use prohibited, when.

71-7306.
Gender-altering procedures; state funds; use prohibited, when.
State funds shall not be directly or indirectly used, granted, paid, or distributed to any entity, organization, or individual for providing gender-altering procedures to an individual younger than nineteen years of age in violation of the Let Them Grow Act and the rules and regulations adopted and promulgated pursuant to the act.
Source
Laws 2023, LB574, § 19.
Operative Date: October 1, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7307 - Civil action, authorized; attorney's fees.

71-7307.
Civil action, authorized; attorney's fees.
An individual that received a gender-altering procedure in violation of section 71-7304 after October 1, 2023, and while such individual was younger than nineteen years of age, or the parent or guardian of such an individual, may bring a civil action for appropriate relief against the health care practitioner who performed the gender-altering procedure. Appropriate relief in an action under this section includes actual damages and reasonable attorney's fees. An action under this section shall be brought within two years after discovery of damages.
Source
Laws 2023, LB574, § 20.
Operative Date: October 1, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7427 - Act, how cited.

71-7427.
Act, how cited.
Sections 71-7427 to 71-7463 shall be known and may be cited as the Wholesale Drug Distributor Licensing Act.
Source
Laws 1992, LB 1019, § 1;
R.S.1943, (2003), § 71-7401;
Laws 2006, LB 994, § 1;
Laws 2007, LB463, § 1293.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7428 - Definitions, where found.

71-7428.
Definitions, where found.
For purposes of the Wholesale Drug Distributor Licensing Act, the definitions found in sections 71-7429 to 71-7446 apply.
Source
Laws 1992, LB 1019, § 2;
R.S.1943, (2003), § 71-7402;
Laws 2006, LB 994, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7429 - Blood, defined.

71-7429.
Blood, defined.
Blood means whole blood collected from a single donor and processed either for transfusion or further manufacturing.
Source
Laws 1992, LB 1019, § 3;
R.S.1943, (2003), § 71-7403;
Laws 2006, LB 994, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7430 - Blood component, defined.

71-7430.
Blood component, defined.
Blood component means that part of blood separated by physical or mechanical means.
Source
Laws 1992, LB 1019, § 4;
R.S.1943, (2003), § 71-7404;
Laws 2006, LB 994, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7431 - Board, defined.

71-7431.
Board, defined.
Board means the Board of Pharmacy.
Source
Laws 1992, LB 1019, § 5;
Laws 1999, LB 828, § 176;
R.S.1943, (2003), § 71-7405;
Laws 2006, LB 994, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7432 - Chain pharmacy warehouse, defined.

71-7432.
Chain pharmacy warehouse, defined.
Chain pharmacy warehouse means a facility utilized as a central warehouse for intracompany sales or transfers of prescription drugs or devices by two or more pharmacies operating under common ownership or common control.
Source
Laws 2006, LB 994, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7433 - Common control, defined.

71-7433.
Common control, defined.
Common control means that the power to direct or cause the direction of the management and policies of a person or an organization by ownership of stock or voting rights, by contract, or otherwise is held by the same person or persons.
Source
Laws 1992, LB 1019, § 6;
R.S.1943, (2003), § 71-7406;
Laws 2006, LB 994, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7434 - Department, defined.

71-7434.
Department, defined.
Department means the Department of Health and Human Services.
Source
Laws 1992, LB 1019, § 7;
Laws 1996, LB 1044, § 778;
R.S.1943, (2003), § 71-7407;
Laws 2006, LB 994, § 8;
Laws 2007, LB296, § 672.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7435 - Drug sample, defined.

71-7435.
Drug sample, defined.
Drug sample means a unit of a prescription drug intended to promote the sale of the drug and not intended to be sold.
Source
Laws 1992, LB 1019, § 8;
R.S.1943, (2003), § 71-7408;
Laws 2006, LB 994, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7436 - Emergency medical reasons, defined.

71-7436.
Emergency medical reasons, defined.
(1) Emergency medical reasons means the alleviation of a temporary shortage by transfers of prescription drugs between any of the following: (a) Holders of pharmacy licenses, (b) health care practitioner facilities as defined in section 71-414, (c) hospitals as defined in section 71-419, and (d) emergency medical services as defined in section 38-1207.
(2) Emergency medical reasons does not include regular and systematic sales (a) of prescription drugs to emergency medical services as defined in section 38-1207 or (b) to practitioners as defined in section 38-2838 of prescription drugs that will be used for routine office procedures.
Source
Laws 1992, LB 1019, § 9;
Laws 1998, LB 1073, § 157;
Laws 2001, LB 398, § 82;
R.S.1943, (2003), § 71-7409;
Laws 2006, LB 994, § 10;
Laws 2007, LB463, § 1294;
Laws 2015, LB37, § 89;
Laws 2020, LB1002, § 47.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7438 - Manufacturer, defined.

71-7438.
Manufacturer, defined.
Manufacturer means any entity engaged in manufacturing, preparing, propagating, processing, packaging, repackaging, or labeling a prescription drug.
Source
Laws 1992, LB 1019, § 10;
R.S.1943, (2003), § 71-7410;
Laws 2006, LB 994, § 12;
Laws 2007, LB247, § 55.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7439 - Normal distribution chain, defined.

71-7439.
Normal distribution chain, defined.
(1) Normal distribution chain means the transfer of a prescription drug or the co-licensed product of the original manufacturer of the finished form of a prescription drug along a chain of custody directly from the manufacturer or co-licensee of such drug to a patient or ultimate consumer of such drug.
(2) Normal distribution chain includes transfers of a prescription drug or co-licensed product:
(a) From a manufacturer or co-licensee to a wholesale drug distributor, to a pharmacy, and then to a patient or a patient's agent;
(b) From a manufacturer or co-licensee to a wholesale drug distributor, to a pharmacy, to a health care practitioner, health care practitioner facility, or hospital, and then to a patient or a patient's agent;
(c) From a manufacturer or co-licensee to a wholesale drug distributor, to a chain pharmacy warehouse, to a pharmacy affiliated with the chain pharmacy warehouse, and then to a patient or a patient's agent;
(d) From a manufacturer or co-licensee to a chain pharmacy warehouse, to a pharmacy affiliated with the chain pharmacy warehouse, and then to a patient or a patient's agent; or
(e) Recognized in rules and regulations adopted and promulgated by the department.
(3) For purposes of this section, co-licensed products means prescription drugs that have been approved by the federal Food and Drug Administration and are the subject of an arrangement by which two or more parties have the right to engage in a business activity or occupation concerning such drugs.
Source
Laws 2006, LB 994, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7440 - Pedigree, defined.

71-7440.
Pedigree, defined.
Pedigree means a written or electronic documentation of every transfer of a prescription drug as provided in sections 71-7455 and 71-7456.
Source
Laws 2006, LB 994, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7441 - Prescription drug, defined.

71-7441.
Prescription drug, defined.
Prescription drug means any human drug required by federal law or regulation to be dispensed only by prescription, including finished dosage forms and active ingredients subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act, as such section existed on August 1, 2006.
Source
Laws 1992, LB 1019, § 11;
R.S.1943, (2003), § 71-7411;
Laws 2006, LB 994, § 15.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7444 - Wholesale drug distribution, defined.

71-7444.
Wholesale drug distribution, defined.
(1) Wholesale drug distribution means the distribution of prescription drugs to a person other than a consumer or patient.
(2) Wholesale drug distribution does not include:
(a) Intracompany sales of prescription drugs, including any transaction or transfer between any division, subsidiary, or parent company and an affiliated or related company under common ownership or common control;
(b) The sale, purchase, or trade of or an offer to sell, purchase, or trade a prescription drug by a charitable organization described in section 501(c)(3) of the Internal Revenue Code, a state, a political subdivision, or any other governmental agency to a nonprofit affiliate of the organization, to the extent otherwise permitted by law;
(c) The sale, purchase, or trade of or an offer to sell, purchase, or trade a prescription drug among hospitals or other health care entities operating under common ownership or common control;
(d) The sale, purchase, or trade of or an offer to sell, purchase, or trade a prescription drug for emergency medical reasons or for a practitioner to use for routine office procedures, not to exceed five percent of sales as provided in section 71-7454;
(e) The sale, purchase, or trade of, an offer to sell, purchase, or trade, or the dispensing of a prescription drug pursuant to a prescription;
(f) The distribution of drug samples by representatives of a manufacturer or of a wholesale drug distributor;
(g) The sale, purchase, or trade of blood and blood components intended for transfusion;
(h) The delivery of or the offer to deliver a prescription drug by a common carrier solely in the usual course of business of transporting such drugs as a common carrier if the common carrier does not store, warehouse, or take legal ownership of such drugs; or
(i) The restocking of prescription drugs by a hospital for an emergency medical service as defined in section 38-1207 if the emergency medical service transports a patient to the hospital and such drugs were used for the patient prior to or during transportation of such patient to such hospital.
(3) Except as provided in subdivision (2)(c) of this section, wholesale drug distribution includes (a) the restocking of prescription drugs by a hospital for an emergency medical service as defined in section 38-1207 if such prescription drugs were not used for a patient prior to or during transportation to such hospital or (b) the general stocking of prescription drugs for an emergency medical service as defined in section 38-1207.
Source
Laws 1992, LB 1019, § 12;
Laws 1995, LB 574, § 60;
R.S.1943, (2003), § 71-7412;
Laws 2006, LB 994, § 18;
Laws 2015, LB37, § 90;
Laws 2020, LB1002, § 48.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7445 - Wholesale drug distributor, defined.

71-7445.
Wholesale drug distributor, defined.
(1) Wholesale drug distributor means any person or entity engaged in wholesale drug distribution in this state, including manufacturers, repackagers, own-label distributors, jobbers, private-label distributors, brokers, warehouses including manufacturer and distributor warehouses, chain pharmacy warehouses, and wholesale drug warehouses, wholesale medical gas distributors, independent wholesale drug traders, and retail pharmacies that engage in wholesale drug distribution in this state.
(2) Wholesale drug distributor does not include a common carrier or other person or entity hired solely to transport prescription drugs if the common carrier, person, or entity does not store, warehouse, or take legal ownership of such drugs.
Source
Laws 1992, LB 1019, § 13;
R.S.1943, (2003), § 71-7413;
Laws 2006, LB 994, § 19.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7446 - Wholesale medical gas distributor, defined.

71-7446.
Wholesale medical gas distributor, defined.
Wholesale medical gas distributor means any person engaged in the wholesale drug distribution of medical gases provided to suppliers or other entities licensed or otherwise authorized to use, administer, or distribute such gases.
Source
Laws 2006, LB 994, § 20.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7447 - Wholesale drug distributor; licenses; requirements; exemptions.

71-7447.
Wholesale drug distributor; licenses; requirements; exemptions.
(1) No person or entity may act as a wholesale drug distributor in this state without first obtaining a wholesale drug distributor license from the department. The department shall issue a license to any applicant that satisfies the requirements for licensure under the Wholesale Drug Distributor Licensing Act. Manufacturers are exempt from any licensing and other requirements of the act to the extent not required by federal law or regulation except for those requirements deemed necessary and appropriate under rules and regulations adopted and promulgated by the department.
(2) Wholesale medical gas distributors shall be exempt from any licensing and other requirements of the Wholesale Drug Distributor Licensing Act to the extent not required under federal law but shall be licensed as wholesale drug distributors by the department for the limited purpose of engaging in the wholesale distribution of medical gases upon application to the department, payment of a licensure fee, and inspection of the applicant's facility by the department, except that the applicant may submit and the department may accept an inspection accepted in another state or an inspection conducted by a nationally recognized accreditation program approved by the board. For purposes of such licensure, wholesale medical gas distributors shall only be required to provide information required under subdivisions (1)(a) through (1)(c) of section 71-7448.
(3) The Wholesale Drug Distributor Licensing Act does not apply to:
(a) An agent or employee of a licensed wholesale drug distributor who possesses drug samples when such agent or employee is acting in the usual course of his or her business or employment; or
(b) Any person who (i) engages in a wholesale transaction relating to the manufacture, distribution, sale, transfer, or delivery of medical gases the gross dollar value of which does not exceed five percent of the total retail sales of medical gases by such person during the immediately preceding calendar year and (ii) has either a pharmacy permit or license or a delegated dispensing permit or is exempt from the practice of pharmacy under subdivision (10) of section 38-2850.
Source
Laws 1992, LB 1019, § 17;
Laws 1997, LB 752, § 198;
Laws 2001, LB 398, § 84;
Laws 2003, LB 242, § 148;
R.S.1943, (2003), § 71-7417;
Laws 2006, LB 994, § 21;
Laws 2010, LB849, § 27;
Laws 2015, LB37, § 91.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7449 - Designated representative; information required.

71-7449.
Designated representative; information required.
Each designated representative named under subdivision (1)(e) of section 71-7448 shall provide the following information prior to the issuance of an initial or renewal license under such section:
(1) The designated representative's places of residence for the immediately preceding seven years;
(2) The designated representative's date and place of birth;
(3) All occupations, positions of employment, and offices held by the designated representative during the immediately preceding seven years and the principal businesses and the addresses of any business, corporation, or other organization in which such occupations, positions, or offices were held;
(4) Whether the designated representative has been, at any time during the immediately preceding seven years, the subject of any proceeding for the revocation of any license and, if so, the nature of the proceeding and its disposition;
(5) Whether the designated representative has been, at any time during the immediately preceding seven years, either temporarily or permanently enjoined by a court of competent jurisdiction from violations of any federal or state law regulating the possession, control, or distribution of prescription drugs, and, if so, the details of such order;
(6) A description of any involvement by the designated representative during the immediately preceding seven years, other than the ownership of stock in a publicly traded company or mutual fund, with any business which manufactured, administered, distributed, or stored prescription drugs and any lawsuits in which such businesses were named as a party;
(7) Whether the designated representative has ever been convicted of any felony and details relating to such conviction; and
(8) A photograph of the designated representative taken within the immediately preceding thirty days.
Source
Laws 2006, LB 994, § 23.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7450 - Fees.

71-7450.
Fees.
(1) Licensure activities under the Wholesale Drug Distributor Licensing Act shall be funded by license fees. An applicant for an initial or renewal license under the act shall pay a license fee as provided in this section.
(2) License fees shall include (a) a base fee of fifty dollars and (b) an additional fee of not more than five hundred dollars based on variable costs to the department of inspections and of receiving and investigating complaints, other similar direct and indirect costs, and other relevant factors as determined by the department.
(3) If the licensure application is denied, the license fee shall be returned to the applicant, except that the department may retain up to twenty-five dollars as an administrative fee and may retain the entire license fee if an inspection has been completed prior to such denial.
(4) The department shall also collect a fee for reinstatement of a license that has lapsed or has been suspended or revoked. The department shall collect a fee of ten dollars for a duplicate original license.
(5) The department shall remit all license fees collected under this section to the State Treasurer for credit to the Health and Human Services Cash Fund. License fees collected under this section shall only be used for activities related to the licensure of wholesale drug distributors, except for the transfer of funds provided for under subsection (6) of this section.
(6) The State Treasurer shall transfer three million seven hundred thousand dollars from the Health and Human Services Cash Fund to the General Fund on or before June 30, 2018, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services. It is the intent of the Legislature that the transfer to the General Fund in this subsection be from funds credited to the Wholesale Drug Distributor Licensing subfund of the Health and Human Services Cash Fund.
Source
Laws 2006, LB 994, § 24;
Laws 2007, LB296, § 673;
Laws 2017, LB331, § 37.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7451 - License; term; renewal.

71-7451.
License; term; renewal.
A wholesale drug distributor license shall expire on July 1 of each year and may be renewed. The license shall not be transferable. The department shall mail an application for renewal to each licensee not later than June 1 of each year. If an application for renewal is received from the licensee after July 1, the department may impose a late fee and shall refuse to issue the license until such late fee and renewal fee are paid. Failure to receive an application for renewal shall not relieve the licensee from the late fee imposed by this section.
Source
Laws 1992, LB 1019, § 20;
Laws 2001, LB 398, § 85;
Laws 2003, LB 242, § 150;
R.S.1943, (2003), § 71-7420;
Laws 2006, LB 994, § 25.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7452 - Bond or other security.

71-7452.
Bond or other security.
An applicant for an initial or renewal license as a wholesale drug distributor shall submit to the department proof of a bond of not less than one hundred thousand dollars or other equivalent means of security acceptable to the department. The bond or other security shall be given for the purpose of securing payment of any fines or other penalties imposed by the department and any fees or costs incurred by the department relating to such applicant as authorized under the Wholesale Drug Distributor Licensing Act or rules and regulations adopted and promulgated under the act which remain unpaid by the applicant within thirty days after such fines, penalties, and costs become final. The department may make a claim against such bond or security until one year after the expiration of the license issued to the applicant under the act.
Source
Laws 2006, LB 994, § 26.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7453 - Department; inspections; procedures; fees.

71-7453.
Department; inspections; procedures; fees.
(1) Each wholesale drug distributor doing business in this state shall be inspected by the department or a nationally recognized accreditation program that is approved by the board and that is acting on behalf of the department prior to the issuance of an initial or renewal license by the department under section 71-7448.
(2) The department or such nationally recognized accreditation program may provide for the inspection of any wholesale drug distributor licensed to engage in wholesale drug distribution in this state in such manner and at such times as provided in rules and regulations adopted and promulgated by the department. As part of any such inspection, the department may require an analysis of suspected prescription drugs to determine authenticity.
(3) The department may accept an inspection accepted in another state in lieu of an inspection by the department or a nationally recognized accreditation program under this section.
(4) The department or such nationally recognized accreditation program may charge and collect fees for inspection activities conducted under this section.
(5) In addition to or in lieu of the authority to inspect for purposes of licensure and renewal, the department may adopt and promulgate rules and regulations which permit the use of alternative methods for assessing the compliance by a wholesale drug distributor with the Wholesale Drug Distributor Licensing Act and the rules and regulations adopted and promulgated under the act.
Source
Laws 1992, LB 1019, § 24;
R.S.1943, (2003), § 71-7424;
Laws 2006, LB 994, § 27.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7455 - Records; pedigree; requirements.

71-7455.
Records; pedigree; requirements.
(1) A wholesale drug distributor engaged in the wholesale distribution of prescription drugs in this state shall establish and maintain accurate records of all transactions regarding the receipt and distribution or other disposition of prescription drugs as provided in this section.
(2) The department shall adopt and promulgate rules and regulations to require that all prescription drugs that leave the normal distribution chain be accompanied by a paper or electronic pedigree as provided in section 71-7456. Such rules and regulations shall be adopted and promulgated no later than July 1, 2007.
(3) The department shall develop standards and requirements for electronic pedigrees in order to effectively authenticate, track, and trace prescription drugs. Prior to the development of such standards and requirements, the department shall consult with the federal Food and Drug Administration, manufacturers, wholesale drug distributors, pharmacies, and other interested parties regarding the feasibility and the ways, means, and practicality of requiring that all prescription drugs that leave the normal distribution chain be accompanied by an electronic pedigree. The standards and requirements may prescribe the information required to be included as part of the electronic pedigree. Such standards and requirements shall be developed no later than July 1, 2008. All prescription drugs that leave the normal distribution chain shall not be required to be accompanied solely by an electronic pedigree prior to such date.
(4) A retail pharmacy or chain pharmacy warehouse shall comply with the requirements of this section only if the pharmacy or chain pharmacy warehouse engages in the wholesale distribution of prescription drugs in this state.
(5) A wholesale drug distributor, other than the original manufacturer of the finished form of the prescription drug, shall verify all transactions listed on the pedigree before attempting to further distribute such drug.
Source
Laws 2006, LB 994, § 29.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7456 - Pedigree; contents.

71-7456.
Pedigree; contents.
(1) The pedigree required under section 71-7455 shall include all necessary identifying information concerning each sale or other transfer in the chain of distribution of the prescription drug from the manufacturer, through acquisition and sale by any wholesale drug distributor or repackager, until final sale to a pharmacy or other person dispensing or administering such drug, including, but not limited to:
(a) Name of the prescription drug;
(b) Dosage form and strength of the prescription drug;
(c) Size of the container;
(d) Number of containers;
(e) Lot number of the prescription drug;
(f) Name of the original manufacturer of the finished dosage form of the prescription drug;
(g) Name, address, telephone number, and if available, the email address of each owner of the prescription drug and each wholesale drug distributor who does not take title to the prescription drug;
(h) Name and address of each location from which the prescription drug was shipped if different from the owner's;
(i) Transaction dates;
(j) Certification that each recipient has authenticated the pedigree;
(k) Name of any repackager, if applicable; and
(l) Name and address of person certifying the delivery.
(2) Each paper or electronic pedigree shall be maintained by the purchaser and the wholesale drug distributor for three years from the date of sale or transfer and available for inspection or use upon request of law enforcement or an authorized agent of the department.
Source
Laws 2006, LB 994, § 30.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7457 - License; denied, refused renewal, suspended, limited, or revoked; grounds.

71-7457.
License; denied, refused renewal, suspended, limited, or revoked; grounds.
(1) A wholesale drug distributor license may be denied, refused renewal, suspended, limited, or revoked by the department when the department finds that the applicant or licensee has violated any provisions of the Wholesale Drug Distributor Licensing Act or of the rules and regulations adopted and promulgated under the act or has committed any acts or offenses set forth in section 38-178, 38-179, or 71-7459. All actions and proceedings shall be carried out as specified in sections 38-177 to 38-1,115.
(2) For purposes of this section, applicant or licensee includes, but is not limited to, the board of directors, chief executive officer, and other officers of the applicant or the entity to which the license is issued and the manager of each site if more than one site is located in this state.
Source
Laws 1992, LB 1019, § 23;
Laws 1994, LB 1223, § 79;
Laws 1996, LB 1044, § 779;
R.S.1943, (2003), § 71-7423;
Laws 2006, LB 994, § 31;
Laws 2007, LB296, § 674;
Laws 2007, LB463, § 1296.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7458 - Enforcement of act.

71-7458.
Enforcement of act.
The department, the Attorney General, or any county attorney may institute an action in the name of the state for an injunction or other process against any person to restrain or prevent any violation of the Wholesale Drug Distributor Licensing Act or any rules and regulations adopted and promulgated under the act.
Source
Laws 1992, LB 1019, § 25;
R.S.1943, (2003), § 71-7425;
Laws 2006, LB 994, § 32.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7459 - Department; fines; when.

71-7459.
Department; fines; when.
(1) The department, upon issuance of a final disciplinary action against a person who violates any provision of section 71-7454, shall assess a fine of one thousand dollars against such person. For each subsequent final disciplinary action for violation of such section issued by the department against such person, the department shall assess a fine of one thousand dollars plus one thousand dollars for each final disciplinary action for violation of such section previously issued against such person, not to exceed ten thousand dollars.
(2) The department, upon issuance of a final disciplinary action against a person who fails to provide an authorized person the right of entry provided in section 71-7453, shall assess a fine of five hundred dollars against such person. For each subsequent final disciplinary action for such failure issued against such person, the department shall assess a fine equal to one thousand dollars times the number of such disciplinary actions, not to exceed ten thousand dollars. All fines collected under this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 1992, LB 1019, § 26;
R.S.1943, (2003), § 71-7426;
Laws 2006, LB 994, § 33.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7460 - Order to cease distribution.

71-7460.
Order to cease distribution.
(1) If the department finds there is a reasonable probability that (a) a wholesale drug distributor has falsified a pedigree or has sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use and (b) such drug could cause serious, adverse health consequences or death, the department shall issue an order to immediately cease distribution of such drug.
(2) Persons subjected to any order issued by the department under this section shall be provided with notice and an opportunity for an informal hearing to be held not later than ten days after the date the order was issued. If the department determines, after such hearing, that inadequate grounds exist to support the actions required by the order, the department shall vacate the order.
Source
Laws 2006, LB 994, § 34.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7460.01 - Reporting and investigation duties.

71-7460.01.
Reporting and investigation duties.
Every wholesale drug distributor licensed under the Wholesale Drug Distributor Licensing Act shall be subject to and comply with sections 38-1,124 to 38-1,126 relating to reporting and investigations.
Source
Laws 2007, LB463, § 1297.