reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2407 - Mail service pharmacy license; requirements; fee.

71-2407.
Mail service pharmacy license; requirements; fee.
(1) Any person operating a mail service pharmacy outside of the State of Nebraska shall obtain a mail service pharmacy license prior to shipping, mailing, or in any manner delivering dispensed prescription drugs as defined in section 38-2841 into the State of Nebraska.
(2) To be qualified to hold a mail service pharmacy license, a person shall:
(a) Hold a pharmacy license or permit issued by and valid in the state in which the person is located and from which such prescription drugs will be shipped, mailed, or otherwise delivered;
(b) Be located and operating in a state in which the requirements and qualifications for obtaining and maintaining a pharmacy license or permit are considered by the Department of Health and Human Services, with the approval of the Board of Pharmacy, to be substantially equivalent to the requirements of the Health Care Facility Licensure Act;
(c) Designate the Secretary of State as his, her, or its agent for service of process in this state; and
(d) Employ on a full-time basis at least one pharmacist who holds a current unrestricted pharmacist license issued under the Uniform Credentialing Act who shall be responsible for compliance by the mail service pharmacy with the Mail Service Pharmacy Licensure Act. The mail service pharmacy shall notify the department when such pharmacist is no longer employed by such pharmacy.
(3) To obtain a mail service pharmacy license, a person shall:
(a) File an application on a form developed by the department; and
(b) Pay a fee equivalent to the fee for a pharmacy license in the State of Nebraska pursuant to section 71-434.
(4) This section does not apply to prescription drugs mailed, shipped, or otherwise delivered by a pharmaceutical company to a laboratory for the purpose of conducting clinical research.
Source
Laws 1988, LB 350, § 2;
Laws 1993, LB 536, § 81;
Laws 1996, LB 1044, § 622;
Laws 1999, LB 594, § 58;
Laws 1999, LB 828, § 163;
Laws 2001, LB 398, § 69;
Laws 2003, LB 667, § 8;
Laws 2007, LB296, § 537;
Laws 2007, LB463, § 1193.
Cross References
Health Care Facility Licensure Act, see section 71-401.
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2408 - Department of Health and Human Services; disciplinary actions; violations; Attorney General; duties.

71-2408.
Department of Health and Human Services; disciplinary actions; violations; Attorney General; duties.
(1) The Department of Health and Human Services, after notice and an opportunity for a hearing, may deny, refuse renewal of, revoke, or otherwise discipline or restrict the license of a mail service pharmacy for (a) any discipline of the pharmacy license held by such pharmacy in another state pursuant to subdivision (2)(a) of section 71-2407, (b) any violation of the Mail Service Pharmacy Licensure Act or rules and regulations adopted and promulgated under the act, or (c) conduct by such pharmacy which in this state presents a threat to the public health and safety or a danger of death or physical harm.
(2) The department, upon the recommendation of the Board of Pharmacy, shall notify the Attorney General of any possible violations of the Mail Service Pharmacy Licensure Act. If the Attorney General has reason to believe that an out-of-state person is operating in violation of the act, he or she shall commence an action in the district court of Lancaster County to enjoin any such person from further mailing, shipping, or otherwise delivering prescription drugs into the State of Nebraska.
Source
Laws 1988, LB 350, § 3;
Laws 1996, LB 1044, § 623;
Laws 1999, LB 828, § 164;
Laws 2003, LB 667, § 9;
Laws 2007, LB296, § 538.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2409 - Rules and regulations.

71-2409.
Rules and regulations.
The Department of Health and Human Services shall, upon the recommendation of the Board of Pharmacy, adopt and promulgate rules and regulations necessary to carry out the Mail Service Pharmacy Licensure Act.
Source
Laws 1988, LB 350, § 4;
Laws 1996, LB 1044, § 624;
Laws 1999, LB 828, § 165;
Laws 2003, LB 667, § 10;
Laws 2007, LB296, § 539.
Cross References
Minimum standards for rules and regulations, see section 38-2899.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2410 - Emergency Box Drug Act; act, how cited.

71-2410.
Emergency Box Drug Act; act, how cited.
Sections 71-2410 to 71-2417 shall be known and may be cited as the Emergency Box Drug Act.
Source
Laws 1994, LB 1210, § 182.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2411 - Terms, defined.

71-2411.
Terms, defined.
For purposes of the Emergency Box Drug Act:
(1) Authorized personnel means any medical doctor, doctor of osteopathy, registered nurse, licensed practical nurse, nurse practitioner, pharmacist, or physician assistant;
(2) Calculated expiration date has the same meaning as in section 38-2808.01;
(3) Department means the Department of Health and Human Services;
(4) Drug means any prescription drug or device or legend drug or device defined under section 38-2841, any nonprescription drug as defined under section 38-2829, any controlled substance as defined under section 28-405, or any device as defined under section 38-2814;
(5) Emergency box drugs means drugs required to meet the immediate therapeutic needs of patients when the drugs are not available from any other authorized source in time to sufficiently prevent risk of harm to such patients by the delay resulting from obtaining such drugs from such other authorized source;
(6) 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;
(7) Multiple dose vial means any bottle in which more than one dose of a liquid drug is stored or contained;
(8) NDC means the National Drug Code published by the United States Food and Drug Administration;
(9) Pharmacist means a pharmacist as defined in section 38-2832 who is employed by a supplying pharmacy or who has contracted with a long-term care facility to provide consulting services; and
(10) Supplying pharmacy means a pharmacy that supplies drugs for an emergency box located in a long-term care facility. Drugs in the emergency box are owned by the supplying pharmacy.
Source
Laws 1994, LB 1210, § 183;
Laws 1996, LB 1044, § 625;
Laws 1997, LB 608, § 16;
Laws 2000, LB 819, § 106;
Laws 2001, LB 398, § 70;
Laws 2007, LB296, § 540;
Laws 2007, LB463, § 1194;
Laws 2009, LB195, § 69;
Laws 2013, LB23, § 34;
Laws 2018, LB1034, § 63;
Laws 2020, LB1052, § 9.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2412 - Long-term care facility; emergency boxes; use; conditions.

71-2412.
Long-term care facility; emergency boxes; use; conditions.
(1) Drugs may be administered to residents of a long-term care facility by authorized personnel of the long-term care facility from the contents of emergency boxes located within such long-term care facility if such drugs and boxes meet the requirements of this section.
(2) When electronic or automated emergency boxes are in use in a long-term care facility, the supplying pharmacy shall have policies and procedures to ensure proper utilization of the drugs in the emergency boxes. Policies and procedures shall include who is allowed to retrieve drugs from the emergency boxes, security for the location of the emergency boxes within the long-term care facility, and other necessary provisions as determined by the pharmacist-in-charge of the supplying pharmacy.
(3) For emergency boxes that are not electronic or automated:
(a) All emergency box drugs shall be provided by and all emergency boxes containing such drugs shall be sealed by a supplying pharmacy with the seal on such emergency box to be of such a nature that it can be easily identified if it has been broken;
(b) Emergency boxes shall be stored in a medication room or other secured area within the long-term care facility. Only authorized personnel of the long-term care facility or the supplying pharmacy shall obtain access to such room or secured area, by key or combination, in order to prevent unauthorized access and to ensure a proper environment for preservation of the emergency box drugs;
(c) The exterior of each emergency box shall be labeled so as to clearly indicate that it is an emergency box for use in emergencies only. The label shall contain a listing of the drugs contained in the box, including the name, strength, route of administration, quantity, and expiration date of each drug, and the name, address, and telephone number of the supplying pharmacy; and
(d) Emergency boxes shall be inspected by a pharmacist designated by the supplying pharmacy at least once a month or after a reported usage of any drug to determine the expiration date and quantity of the drugs in the box. Every inspection shall be documented and the record retained by the long-term care facility for a period of five years.
(4) All drugs in emergency boxes shall be in the original manufacturer's or distributor's containers or shall be repackaged by the supplying pharmacy in a tight, light-resistant container and shall include the manufacturer's or distributor's name, lot number, drug name, strength, dosage form, NDC number, route of administration, and expiration date on a typewritten label. Any drug which is repackaged shall contain on the label the calculated expiration date.
Source
Laws 1994, LB 1210, § 184;
Laws 2002, LB 1062, § 52;
Laws 2007, LB463, § 1195;
Laws 2009, LB195, § 70;
Laws 2017, LB166, § 21;
Laws 2020, LB1052, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2414 - Department; powers; grounds for disciplinary action.

71-2414.
Department; powers; grounds for disciplinary action.
The department shall have (1) the authority to inspect any emergency box and (2) access to the records of the supplying pharmacy and the long-term care facility for inspection. Refusal to allow the department to inspect an emergency box or to have access to records shall be grounds for a disciplinary action against the supplying pharmacy or the license of the long-term care facility.
Source
Laws 1994, LB 1210, § 186;
Laws 2009, LB195, § 72.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2417 - Controlled substance; exemption.

71-2417.
Controlled substance; exemption.
Any emergency box containing a controlled substance listed in section 28-405 and maintained at a long-term care facility shall be exempt from subsection (3) of section 28-414.03.
Source
Laws 1994, LB 1210, § 189;
Laws 1995, LB 406, § 38;
Laws 1999, LB 594, § 59;
Laws 2001, LB 398, § 72;
Laws 2009, LB195, § 74;
Laws 2014, LB811, § 27.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2418 - Legislative findings.

71-2418.
Legislative findings.
(1) The Legislature finds that many controlled substances have useful and legitimate medical and scientific purposes and are necessary to maintain the health and general welfare of the people of Nebraska. Principles of quality medical practice dictate that the people of Nebraska have access to appropriate and effective pain relief.
(2) The Legislature finds that the appropriate application of up-to-date knowledge and treatment modalities can serve to improve the quality of life for those patients who suffer from pain. The Legislature therefor encourages physicians to view effective pain management as a part of quality medical practice for all patients with pain, acute or chronic, including those patients who experience pain as a result of terminal illness.
(3) The Legislature finds that a physician should be able to prescribe, dispense, or administer a controlled substance in excess of the recommended dosage for the treatment of pain so long as such dosage is not administered for the purpose of causing, or the purpose of assisting in causing, death for any reason and so long as it conforms to policies and guidelines for the treatment of pain adopted by the Board of Medicine and Surgery.
(4) The Legislature finds that a health care facility, hospice, or third-party payor should not forbid or restrict the use of controlled substances appropriately administered for the treatment of pain.
Source
Laws 1999, LB 226, § 1;
Laws 2007, LB463, § 1196.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2419 - Physician, nurse, or pharmacist; disciplinary action or criminal prosecution; limitation.

71-2419.
Physician, nurse, or pharmacist; disciplinary action or criminal prosecution; limitation.
A physician licensed under the Medicine and Surgery Practice Act who prescribes, dispenses, or administers or a nurse licensed under the Nurse Practice Act or pharmacist licensed under the Pharmacy Practice Act who administers or dispenses a controlled substance in excess of the recommended dosage for the treatment of pain shall not be subject to discipline under the Uniform Credentialing Act or criminal prosecution under the Uniform Controlled Substances Act when: (1) In the judgment of the physician, appropriate pain management warrants such dosage; (2) the controlled substance is not administered for the purpose of causing, or the purpose of assisting in causing, death for any reason; and (3) the administration of the controlled substance conforms to policies and guidelines for the treatment of pain adopted by the Board of Medicine and Surgery.
Source
Laws 1999, LB 226, § 2;
Laws 2001, LB 398, § 73;
Laws 2007, LB463, § 1197.
Cross References
Medicine and Surgery Practice Act, see section 38-2001.
Nurse Practice Act, see section 38-2201.
Pharmacy Practice Act, see section 38-2801.
Uniform Controlled Substances Act, see section 28-401.01.
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2420 - Board of Medicine and Surgery; duties.

71-2420.
Board of Medicine and Surgery; duties.
The Board of Medicine and Surgery shall adopt policies and guidelines for the treatment of pain to ensure that physicians who are engaged in the appropriate treatment of pain are not subject to disciplinary action, and the board shall consider policies and guidelines developed by national organizations with expertise in pain management for this purpose.
Source
Laws 1999, LB 226, § 3;
Laws 2007, LB463, § 1198.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2422 - Cancer Drug Repository Program Act; act, how cited.

71-2422.
Cancer Drug Repository Program Act; act, how cited.
Sections 71-2422 to 71-2430 shall be known and may be cited as the Cancer Drug Repository Program Act.
Source
Laws 2003, LB 756, § 1;
Laws 2005, LB 331, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2423 - Terms, defined.

71-2423.
Terms, defined.
For purposes of the Cancer Drug Repository Program Act:
(1) Cancer drug means a prescription drug used to treat (a) cancer or its side effects or (b) the side effects of a prescription drug used to treat cancer or its side effects;
(2) Department means the Department of Health and Human Services;
(3) Health care facility has the definition found in section 71-413;
(4) Health clinic has the definition found in section 71-416;
(5) Hospital has the definition found in section 71-419;
(6) Participant means a physician's office, pharmacy, hospital, or health clinic that has elected to voluntarily participate in the program and that accepts donated cancer drugs under the rules and regulations adopted and promulgated by the department for the program;
(7) Pharmacy has the definition found in section 71-425;
(8) Physician's office means the office of a person licensed to practice medicine and surgery or osteopathic medicine and surgery;
(9) Prescribing practitioner means a health care practitioner licensed under the Uniform Credentialing Act who is authorized to prescribe cancer drugs;
(10) Prescription drug has the definition found in section 38-2841; and
(11) Program means the cancer drug repository program established pursuant to section 71-2424.
Source
Laws 2003, LB 756, § 2;
Laws 2005, LB 331, § 2;
Laws 2007, LB296, § 541;
Laws 2007, LB463, § 1200.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2425 - Cancer drug donation.

71-2425.
Cancer drug donation.
Any person or entity, including, but not limited to, a cancer drug manufacturer or health care facility, may donate cancer drugs to the program. Cancer drugs may be donated to a participant.
Source
Laws 2003, LB 756, § 4;
Laws 2005, LB 331, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2426 - Cancer drug; accepted or dispensed; conditions.

71-2426.
Cancer drug; accepted or dispensed; conditions.
(1) A cancer drug shall only be accepted or dispensed under the program if such drug is in its original, unopened, sealed, and tamper-evident packaging. A cancer drug packaged in single unit doses may be accepted and dispensed if the outside packaging is opened but the single-unit-dose packaging is unopened. There shall be no limitation on the number of doses that can be donated to the program as long as the donated drugs meet the requirements of this section. An injectable cancer drug may be accepted if it does not have temperature requirements other than controlled room temperature.
(2) A cancer drug shall not be accepted or dispensed under the program if (a) such drug bears an expiration date prior to the date of donation, (b) such drug is adulterated or misbranded as defined in section 71-2461 or 71-2470, (c) such drug has expired while in the repository, or (d) such drug has restricted distribution by the federal Food and Drug Administration.
(3) Subject to limitations provided in this section, unused cancer drugs dispensed under the medical assistance program established pursuant to the Medical Assistance Act may be accepted and dispensed under the program.
Source
Laws 2003, LB 756, § 5;
Laws 2005, LB 331, § 4;
Laws 2006, LB 1116, § 1;
Laws 2006, LB 1248, § 77;
Laws 2015, LB37, § 74.
Cross References
Medical Assistance Act, see section 68-901.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2427 - Participant; duties; fee authorized.

71-2427.
Participant; duties; fee authorized.
(1) A participant shall comply with all applicable provisions of state and federal law relating to the storage, distribution, and dispensing of donated cancer drugs and shall inspect all such drugs prior to dispensing to determine if they are adulterated or misbranded as defined in section 71-2461 or 71-2470. Such drugs shall only be dispensed pursuant to a prescription issued by a prescribing practitioner. Such drugs may be distributed to another participant for dispensing.
(2) A participant may charge a handling fee for distributing or dispensing cancer drugs under the program. Such fee shall be established in rules and regulations adopted and promulgated by the department. Cancer drugs donated under the program shall not be resold.
Source
Laws 2003, LB 756, § 6;
Laws 2005, LB 331, § 5;
Laws 2015, LB37, § 75.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2428 - Immunity.

71-2428.
Immunity.
(1) Any person or entity, including a cancer drug manufacturer, which exercises reasonable care in donating, accepting, distributing, or dispensing cancer drugs under the Cancer Drug Repository Program Act or rules and regulations adopted and promulgated under the act shall be immune from civil or criminal liability or professional disciplinary action of any kind for any injury, death, or loss to person or property relating to such activities.
(2) Notwithstanding subsection (1) of this section, the donation of a cancer drug by a cancer drug manufacturer does not absolve the manufacturer of any criminal or civil liability that would have existed but for the donation, nor shall such donation increase the liability of such cancer drug manufacturer that would have existed but for the donation.
Source
Laws 2003, LB 756, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2429 - Rules and regulations.

71-2429.
Rules and regulations.
The department, upon the recommendation of the Board of Pharmacy, shall adopt and promulgate rules and regulations to carry out the Cancer Drug Repository Program Act. Such rules and regulations shall include, but not be limited to:
(1) Eligibility criteria and other standards and procedures for participants that accept and distribute or dispense donated cancer drugs;
(2) Necessary forms for administration of the program, including, but not limited to, forms for use by persons or entities that donate, accept, distribute, or dispense cancer drugs under the program. The forms shall include the name of the person to whom the drug was originally prescribed;
(3) The maximum handling fee that may be charged by participants that accept and distribute or dispense donated cancer drugs;
(4)(a) Categories of cancer drugs that the program will accept for dispensing and (b) categories of cancer drugs that the program will not accept for dispensing and the reason that such drugs will not be accepted; and
(5) Maintenance and distribution of the participant registry established in section 71-2430.
Source
Laws 2003, LB 756, § 8;
Laws 2005, LB 331, § 6;
Laws 2006, LB 1116, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2430 - Participant registry.

71-2430.
Participant registry.
The department shall establish and maintain a participant registry for the program. The participant registry shall include the participant's name, address, and telephone number and shall identify whether the participant is a physician's office, a pharmacy, a hospital, or a health clinic. The department shall make the participant registry available to any person or entity wishing to donate cancer drugs to the program.
Source
Laws 2005, LB 331, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2431 - Community health center; relabeling and redispensing prescription drugs; requirements.

71-2431.
Community health center; relabeling and redispensing prescription drugs; requirements.
(1) Prescription drugs or devices which have been delivered to a community health center for dispensing to a patient of such health center pursuant to a valid prescription, but which are not dispensed or administered to such patient, may be delivered to a pharmacist or pharmacy under contract with the community health center for relabeling and redispensing to another patient of such health center pursuant to a valid prescription if:
(a) The decision to accept delivery of the drug or device for relabeling and redispensing rests solely with the contracting pharmacist or pharmacy;
(b) The drug or device has been in the control of the community health center at all times;
(c) The drug or device is in the original and unopened labeled container with a tamper-evident seal intact. Such container shall bear the expiration date or calculated expiration date and lot number; and
(d) The relabeling and redispensing is not otherwise prohibited by law.
(2) For purposes of this section:
(a) Administer has the definition found in section 38-2806;
(b) Calculated expiration date has the definition found in section 38-2884;
(c) Community health center means a community health center established pursuant to the Health Centers Consolidation Act of 1996, 42 U.S.C. 201 et seq., as such act existed on May 7, 2005;
(d) Deliver or delivery has the definition found in section 38-2813;
(e) Dispense or dispensing has the definition found in section 38-2817;
(f) Prescription has the definition found in section 38-2840; and
(g) Prescription drug or device has the definition found in section 38-2841.
(3) The Department of Health and Human Services, in consultation with the Board of Pharmacy, may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2005, LB 382, § 14;
Laws 2007, LB296, § 542;
Laws 2007, LB463, § 1201.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2432 - Terms, defined.

71-2432.
Terms, defined.
For purposes of sections 71-2432 to 71-2435:
(1) Clandestine drug lab means any area where glassware, heating devices, or other equipment or precursors, solvents, or related articles or reagents are used to unlawfully manufacture methamphetamine;
(2) Contaminated property means an enclosed area of any property or portion thereof intended for human habitation or use which has been contaminated by chemicals, chemical residue, methamphetamine, methamphetamine residue, or other substances from a clandestine drug lab;
(3) Department means the Department of Health and Human Services;
(4) Law enforcement agency has the meaning found in section 81-1401;
(5) Local public health department has the meaning found in section 71-1626;
(6) Methamphetamine means methamphetamine, its salts, optical isomers, and salts of its isomers; and
(7) Rehabilitate or rehabilitation means all actions necessary to ensure that contaminated property is safe for human habitation or use.
Source
Laws 2006, LB 915, § 1;
Laws 2007, LB296, § 543.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2433 - Property owner; law enforcement agency; Nebraska State Patrol; duties.

71-2433.
Property owner; law enforcement agency; Nebraska State Patrol; duties.
A property owner with knowledge of a clandestine drug lab on his or her property shall report such knowledge and location as soon as practicable to the local law enforcement agency or to the Nebraska State Patrol. A law enforcement agency that discovers a clandestine drug lab in the State of Nebraska shall report the location of such lab to the Nebraska State Patrol within thirty days after making such discovery. Such report shall include the date of discovery of such lab, the county where the property containing such lab is located, and a legal description of the property or other description or address of such property sufficient to clearly establish its location. As soon as practicable after such discovery, the appropriate law enforcement agency shall provide the Nebraska State Patrol with a complete list of the chemicals, including methamphetamine, its precursors, solvents, and related reagents, found at or removed from the location of such lab. Upon receipt, the Nebraska State Patrol shall promptly forward a copy of such report and list to the department, the Department of Environment and Energy, the municipality or county where the lab is located, the director of the local public health department serving such municipality or county, and the property owner or owners.
Source
Laws 2006, LB 915, § 2;
Laws 2019, LB302, § 88.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2434 - Local public health department; powers and duties; fees; release of property for human habitation; civil penalty.

71-2434.
Local public health department; powers and duties; fees; release of property for human habitation; civil penalty.
(1) The local public health department serving the municipality or county where a clandestine drug lab has been discovered shall monitor the rehabilitation of any contaminated property at such location in accordance with standards and procedures established or approved by the department. The department shall adopt and promulgate rules and regulations to establish such standards and procedures no later than July 15, 2007. Such procedures shall include deadlines for completion of the various stages of rehabilitation and proper disposal of the contaminated property.
(2) A local public health department may charge and collect fees from the owner or owners of contaminated property to cover the costs directly associated with monitoring the rehabilitation of such property under this section as provided in rules and regulations of the department. A local public health department may contract with other local public health departments or other appropriate entities to assist in the monitoring of such rehabilitation. Upon the completion of such rehabilitation, the local public health department shall release the property for human habitation and commercial or other use in a timely manner.
(3) The owner or owners of contaminated property shall not permit the human habitation or use of such property until the rehabilitation of such property has been completed and the property has been released for such habitation or use under this section. An owner who knowingly violates this subsection may be subject to a civil penalty not to exceed one thousand dollars. The department shall enforce this subsection.
Source
Laws 2006, LB 915, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2435 - Leased property; termination of lease; notice.

71-2435.
Leased property; termination of lease; notice.
Notwithstanding any other provision of law, if leased property contains a clandestine drug lab, an owner may terminate the lease agreement upon three days' written notice for the purpose of rehabilitating the contaminated property in accordance with the rules and regulations adopted and promulgated pursuant to section 71-2434.
Source
Laws 2006, LB 915, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2436 - Immunosuppressant Drug Repository Program Act; act, how cited.

71-2436.
Immunosuppressant Drug Repository Program Act; act, how cited.
Sections 71-2436 to 71-2443 shall be known and may be cited as the Immunosuppressant Drug Repository Program Act.
Source
Laws 2006, LB 994, § 42.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2437 - Terms, defined.

71-2437.
Terms, defined.
For purposes of the Immunosuppressant Drug Repository Program Act:
(1) Department means the Department of Health and Human Services;
(2) Immunosuppressant drug means anti-rejection drugs that are used to reduce the body's immune system response to foreign material and inhibit a transplant recipient's immune system from rejecting a transplanted organ. Immunosuppressant drugs are available only as prescription drugs and come in tablet, capsule, and liquid forms. The recommended dosage depends on the type and form of immunosuppressant drug and the purpose for which it is being used. Immunosuppressant drug does not include drugs prescribed for inpatient use;
(3) Participant means a transplant center that has elected to voluntarily participate in the program, that has submitted written notification to the department of its intent to participate in the program, and that accepts donated immunosuppressant drugs under the rules and regulations adopted and promulgated by the department for the program;
(4) Prescribing practitioner means a health care practitioner licensed under the Uniform Credentialing Act who is authorized to prescribe immunosuppressant drugs;
(5) Prescription drug has the definition found in section 38-2841;
(6) Program means the immunosuppressant drug repository program established pursuant to section 71-2438;
(7) Transplant center means a hospital that operates an organ transplant program, including qualifying patients for transplant, registering patients on the national waiting list, performing transplant surgery, and providing care before and after transplant; and
(8) Transplant program means the organ-specific facility within a transplant center. A transplant center may have transplant programs for the transplantation of hearts, lungs, livers, kidneys, pancreata, or intestines.
Source
Laws 2006, LB 994, § 43;
Laws 2007, LB296, § 544;
Laws 2007, LB463, § 1202.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2438 - Immunosuppressant drug repository program; established.

71-2438.
Immunosuppressant drug repository program; established.
The department shall establish an immunosuppressant drug repository program for accepting donated immunosuppressant drugs and dispensing such drugs. Participation in the program shall be voluntary.
Source
Laws 2006, LB 994, § 44.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2439 - Immunosuppressant drug donation.

71-2439.
Immunosuppressant drug donation.
Any person or entity, including, but not limited to, an immunosuppressant drug manufacturer or transplant center, may donate immunosuppressant drugs to a participant or return previously prescribed immunosuppressant drugs to the transplant center where they were originally prescribed.
Source
Laws 2006, LB 994, § 45.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2440 - Immunosuppressant drug; accepted or dispensed; conditions.

71-2440.
Immunosuppressant drug; accepted or dispensed; conditions.
(1) An immunosuppressant drug shall only be accepted or dispensed under the program if such drug is in its original, unopened, sealed, and tamper-evident packaging. An immunosuppressant drug packaged in single unit doses may be accepted and dispensed if the outside packaging is opened but the single-unit-dose packaging is unopened. There shall be no limitation on the number of doses that can be donated to the program as long as the donated drugs meet the requirements of this section.
(2) An immunosuppressant drug shall not be accepted or dispensed under the program if (a) such drug bears an expiration date prior to the date of donation, (b) such drug is adulterated or misbranded as defined in section 71-2461 or 71-2470, or (c) such drug has restricted distribution by the federal Food and Drug Administration.
(3) Subject to limitations provided in this section, unused immunosuppressant drugs dispensed under the medical assistance program may be accepted and dispensed under the immunosuppressant drug repository program.
Source
Laws 2006, LB 994, § 46;
Laws 2015, LB37, § 76.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2441 - Participant; duties; resale prohibited.

71-2441.
Participant; duties; resale prohibited.
(1) A participant shall comply with all applicable provisions of state and federal law relating to the storage, distribution, and dispensing of donated immunosuppressant drugs and shall inspect all such drugs prior to dispensing to determine if the drugs are adulterated or misbranded as defined in section 71-2461 or 71-2470 or if the drugs bear an expiration date prior to the date of dispensing. Such drugs shall only be dispensed pursuant to a prescription issued by a prescribing practitioner. Such drugs may be distributed to another participant for dispensing.
(2) Immunosuppressant drugs donated under the program shall not be resold.
Source
Laws 2006, LB 994, § 47;
Laws 2015, LB37, § 77.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2442 - Rules and regulations.

71-2442.
Rules and regulations.
The department, upon the recommendation of the Board of Pharmacy, shall adopt and promulgate rules and regulations to carry out the Immunosuppressant Drug Repository Program Act. Such rules and regulations shall include, but not be limited to:
(1) Eligibility criteria and other standards and procedures for participants that accept and distribute or dispense donated immunosuppressant drugs;
(2) Necessary forms for administration of the program, including, but not limited to, forms for use by persons or entities that donate, accept, distribute, or dispense immunosuppressant drugs under the program. The forms shall include the name of the person to whom the drug was originally prescribed; and
(3)(a) Categories of immunosuppressant drugs that may be donated or returned under the program and (b) categories of immunosuppressant drugs that cannot be donated or returned under the program and the reason that such drugs cannot be donated or returned.
Source
Laws 2006, LB 994, § 48.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2443 - Immunity.

71-2443.
Immunity.
(1) Any person or entity, including an immunosuppressant drug manufacturer, which exercises reasonable care in donating, accepting, distributing, or dispensing immunosuppressant drugs under the Immunosuppressant Drug Repository Program Act or rules and regulations adopted and promulgated under the act shall be immune from civil or criminal liability or professional disciplinary action of any kind for any injury, death, or loss to person or property relating to such activities.
(2) Notwithstanding subsection (1) of this section, the donation of an immunosuppressant drug by a drug manufacturer does not absolve the manufacturer of any criminal or civil liability that would have existed but for the donation, nor shall such donation increase the liability of such drug manufacturer that would have existed but for the donation.
Source
Laws 2006, LB 994, § 49.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2444 - Automated Medication Systems Act; act, how cited.

71-2444.
Automated Medication Systems Act; act, how cited.
Sections 71-2444 to 71-2452 shall be known and may be cited as the Automated Medication Systems Act.
Source
Laws 2008, LB308, § 1;
Laws 2013, LB326, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2446 - Automated machine prohibited.

71-2446.
Automated machine prohibited.
Any automated machine that dispenses, delivers, or makes available, other than by administration, prescription medication directly to a patient or caregiver without the provision of pharmacist care is prohibited.
Source
Laws 2008, LB308, § 3;
Laws 2013, LB326, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2447 - Hospital, long-term care facility, or pharmacy; use of automated medication system; policies and procedures required.

71-2447.
Hospital, long-term care facility, or pharmacy; use of automated medication system; policies and procedures required.
Any hospital, long-term care facility, or pharmacy that uses an automated medication system shall develop, maintain, and comply with policies and procedures developed in consultation with the pharmacist responsible for pharmacist care for that hospital, long-term care facility, or pharmacy. At a minimum, the policies and procedures shall address the following:
(1) The description and location within the hospital, long-term care facility, or pharmacy of the automated medication system or equipment being used;
(2) The name of the pharmacist responsible for implementation of and compliance with the policies and procedures;
(3) Medication access and information access procedures;
(4) Security of inventory and confidentiality of records in compliance with state and federal laws, rules, and regulations;
(5) A description of the process used by a pharmacist or pharmacy technician for filling an automated medication system;
(6) A description of how and by whom the automated medication system is being utilized, including processes for verifying, dispensing, and distributing medications;
(7) Staff education and training;
(8) Quality assurance and quality improvement programs and processes;
(9) Inoperability or emergency downtime procedures;
(10) Periodic system maintenance; and
(11) Medication security and controls.
Source
Laws 2008, LB308, § 4;
Laws 2009, LB195, § 76;
Laws 2013, LB326, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2448 - Prescription medication distribution machine; requirements; location.

71-2448.
Prescription medication distribution machine; requirements; location.
A prescription medication distribution machine:
(1) Is subject to the requirements of section 71-2447 and, if it is in a long-term care automated pharmacy, is subject to section 71-2451; and
(2) May be operated only (a) in a licensed pharmacy where a pharmacist dispenses medications to patients for self-administration pursuant to a prescription, (b) in a remote dispensing pharmacy as described in section 71-436.02, or (c) in a long-term care automated pharmacy subject to section 71-2451.
Source
Laws 2008, LB308, § 5;
Laws 2013, LB326, § 7;
Laws 2018, LB731, § 99.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2449 - Automated medication distribution machine; requirements; drugs; limitations; inventory; how treated.

71-2449.
Automated medication distribution machine; requirements; drugs; limitations; inventory; how treated.
(1) An automated medication distribution machine:
(a) Is subject to the requirements of section 71-2447 and, if it is in a long-term care automated pharmacy, is subject to section 71-2451; and
(b) Subject to section 71-2451, may be operated or used in a hospital, long-term care facility, or assisted-living facility for medication administration pursuant to a chart order or prescription by a licensed health care professional.
(2) Drugs placed in an automated medication distribution machine shall be in the manufacturer's original packaging or in containers repackaged in compliance with state and federal laws, rules, and regulations relating to repackaging, labeling, and record keeping.
(3) The inventory which is transferred to an automated medication distribution machine in a hospital shall be excluded from the percent of total prescription drug sales revenue described in section 71-7454.
Source
Laws 2008, LB308, § 6;
Laws 2009, LB195, § 77;
Laws 2013, LB326, § 8;
Laws 2022, LB592, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2450 - Pharmacist providing pharmacist remote order entry; requirements.

71-2450.
Pharmacist providing pharmacist remote order entry; requirements.
A pharmacist providing pharmacist remote order entry shall:
(1) Be located within the United States;
(2) Maintain adequate security and privacy in accordance with state and federal laws, rules, and regulations;
(3) Be linked to one or more hospitals, long-term care facilities, or pharmacies for which services are provided via computer link, video link, audio link, or facsimile transmission;
(4) Have access to each patient's medical information necessary to perform via computer link, video link, or facsimile transmission a prospective drug utilization review as specified in section 38-2869; and
(5) Be employed by or have a contractual agreement to provide such services with the hospital, long-term care facility, or pharmacy where the patient is located.
Source
Laws 2008, LB308, § 7;
Laws 2009, LB195, § 78.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2451.01 - Management of long-term care facility; prohibited acts.

71-2451.01.
Management of long-term care facility; prohibited acts.
Unless otherwise allowed by state or federal law or regulation, the management of a long-term care facility at which an automated medication system is located shall not require a resident of the facility to obtain medication through the automated medication system and shall not restrict or impair the ability of a resident of the facility to obtain medications from the pharmacy of the resident's choice.
Source
Laws 2013, LB326, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2452 - Violations; disciplinary action.

71-2452.
Violations; disciplinary action.
Any person who violates the Automated Medication Systems Act may be subject to disciplinary action by the Division of Public Health of the Department of Health and Human Services under the Health Care Facility Licensure Act or the Uniform Credentialing Act.
Source
Laws 2008, LB308, § 8;
Laws 2013, LB326, § 11.
Cross References
Health Care Facility Licensure Act, see section 71-401.
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2454.01 - Veterinary Prescription Monitoring Program Task Force; created; duties; members; meeting; report.

71-2454.01.
Veterinary Prescription Monitoring Program Task Force; created; duties; members; meeting; report.
(1) The Veterinary Prescription Monitoring Program Task Force is created. The task force shall conduct a study to develop recommendations of which controlled substances shall be reported by a veterinarian to the prescription drug monitoring program created under section 71-2454 when dispensing drugs from a veterinarian’s office or an animal shelter. The study shall include appropriate methods and procedures of reporting by the veterinarians with the necessary database field information. The task force shall utilize nationally available resources afforded by the American Association of Veterinary State Boards and the Department of State Legislative and Regulatory Affairs of the American Veterinary Medical Association in development of the recommendations.
(2) The task force shall consist of at least ten members appointed by the chairperson of the Health and Human Services Committee of the Legislature as follows: One member of the Health and Human Services Committee; two at-large members of the Legislature; three members selected from a list of six veterinarians provided by the Board of Veterinary Medicine and Surgery, one of whom is employed by or provides services at an animal shelter; one pharmacist nominated by the Nebraska Pharmacists Association or its successor organization; and two members nominated by the Nebraska Veterinary Medical Association or its successor organization. The task force shall also include a representative of the prescription drug monitoring program who shall be a nonvoting member and serve in an advisory capacity only.
(3) The members of the task force shall be appointed within one hundred twenty days after February 25, 2016. The initial meeting of the task force shall be convened within one hundred eighty days after February 25, 2016. The task force shall elect a chairperson and may elect any additional officers from among its members. All task force members shall serve without compensation.
(4) The task force shall report its findings and recommendations to the Health and Human Services Committee of the Legislature on or before December 1, 2016.
(5) For purposes of this section, animal shelter has the definition found in section 54-626.
Source
Laws 2016, LB471, § 2.