reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 114 - LICENSURE OF OCCUPATIONAL THERAPY › Section 172-114-006 - SUPERVISION OF AIDES IN OCCUPATIONAL THERAPY

Current through June 17, 2024
An aide, as used in occupational therapy practice, is an
				  individual who provides supportive services to the occupational therapist and
				  the occupational therapy assistant. Aides are not primary service providers of
				  occupational therapy in any practice setting. Aides do not provide skilled
				  occupational therapy services. An aide is trained by an occupational therapist
				  or an occupational therapy assistant to perform specifically delegated tasks.
				  The occupational therapist is responsible for the overall use and actions of
				  the aide. An aide first must demonstrate competency to be able to perform the
				  assigned, delegated client and non-client-related tasks.
(A) The occupational therapist must oversee
				the development, documentation, and implementation of a plan to supervise and
				routinely assess the ability of the occupational therapy aide to carry out
				client and non-client-related tasks. The occupational therapy assistant may
				contribute to the development and documentation of this plan.
(B) The occupational therapy assistant may
				supervise the aide.
(C)
				Non-client-related tasks include clerical and maintenance activities and
				preparation of the work area or equipment.
(D) Client-related tasks are routine tasks
				during which the aide may interact with the client but does not act as a
				primary service provider of occupational therapy services. Onsite supervision
				of an aide is required by an occupational therapist or an occupational therapy
				assistant when an aide is performing all client-related tasks. Onsite
				supervision of an aide means that the occupational therapist or occupational
				therapy assistant must be physically present at the practice site to direct all
				actions when occupational therapy services are being provided.
006.01
DELEGATION
				FACTORS.
The following factors must be present when an
				occupational therapist or occupational therapy assistant delegates a selected
				client-related task to the aide:
(A) The
				outcome anticipated for the delegated task is predictable;
(B) The situation of the client and the
				environment is stable and will not require that judgment, interpretations, or
				adaptations be made by the aide;
(C) The aide has demonstrated some previous
				performance ability in executing the task; and
(D) The task routine and process have been
				clearly established.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 114 - LICENSURE OF OCCUPATIONAL THERAPY › Section 172-114-007 - RENEWAL WAIVER OF CONTINUING EDUCATION, AND INACTIVE STATUS

Current through June 17, 2024
The applicant must meet the requirements set out in Neb. Rev.
				  Stat. §
									38-2521
				  and 172 NAC 10. All occupational therapist and occupational therapy assistant
				  licenses expire on August 1st of each even-numbered
				  year.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 114 - LICENSURE OF OCCUPATIONAL THERAPY › Section 172-114-009 - UNPROFESSIONAL CONDUCT

Current through June 17, 2024
Unprofessional conduct is set out in Neb. Rev. Stat. §
									38-179
				  and this chapter and includes
009.01
REPRESENTATION.
Failing to accurately represent the
				licensee's skills to a patient or client;
009.02
DELEGATION.
Delegating to other personnel those patient or client related services when the
				clinical skills and expertise of an occupational therapist is
				required;
009.03
PROVIDE SERVICES.
Declining to provide occupational
				therapy services that have been requested when such services are believed to be
				contraindicated or unjustified;
009.04
SAFETY.
Committing any act which endangers patient or client safety or
				welfare;
009.05
POLICIES AND PROCEDURES.
Failing to follow policies or
				procedures implemented in the practice situation to safeguard patient
				care;
009.06
PATIENT
				DIGNITY.
Failing to safeguard the patient's dignity and right to
				privacy; violating the confidentiality of information or knowledge concerning
				the patient;
009.07
RECORDS.
Failing to accurately record and report
				information or falsification or unauthorized destruction of patient
				records;
009.08
SUPPLIES.
Misappropriating supplies or personal items
				of a patient or client or agency;
009.09
SUPERVISION.
Failing to exercise appropriate supervision over persons who are authorized to
				practice only under the supervision of the licensed professional;
009.10
ABUSE.
Verbally or physically abusing patients;
009.11
SEXUAL
				RELATIONSHIP.
Engaging in sexual relationships, whether consensual
				or nonconsensual, with any patient while a physical therapist or physical
				therapist assistant -patient relationship exists.
009.12
SEXUAL
				HARASSMENT.
Engaging in sexual harassment of patients. Sexual
				harassment includes making unwelcome sexual advances, requesting sexual favors,
				and engaging in other verbal or physical conduct of a sexual nature as a
				condition of: The provision or denial of occupational therapy to a patient; or
(A) For the purpose or effect of creating an
				intimidating, hostile, or offensive environment for the patient or unreasonably
				interfering with a patient's ability to recover.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 120 - LICENSURE OF OPTOMETRISTS › Section 172-120-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the licensure of optometrists under
				  the Optometry Practice Act, Nebraska Revised Statute (Neb. Rev. Stat.)
				  §§
									38-2601
				  to
				  38-2623
				  and the Uniform Credentialing Act (UCA).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 120 - LICENSURE OF OPTOMETRISTS › Section 172-120-003 - INITIAL CREDENTIAL

Current through June 17, 2024
To obtain a license, an individual must submit a complete
				  application provided by the Department and provide documentation demonstrating
				  that the individual meets the requirements of Neb. Rev. Stat. §§
									38-2608,
				  38-131,
				  172 NAC 10, and this chapter.
003.01
LICENSURE BY EXAMINATION.
Qualifications: Individuals
				applying for licensure by examination must:
(A) Request that an official transcript from
				an accredited school or college of optometry which shows the date the degree
				was conferred be sent directly to the Department by the issuing
				institution;
(B) Request that a
				detailed score report showing successful passage of Part I, Part II and Part
				III of the examination given by the National Board of Examiners in Optometry
				(NBEO) be sent directly to the Department by the issuing institution;
				and
(C) Pass a jurisprudence
				examination that relates to the statutes and regulations that govern optometry
				with a minimum score of 60 or above.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 120 - LICENSURE OF OPTOMETRISTS › Section 172-120-004 - RENEWAL, WAIVER OF CONTINUING EDUCATION AND INACTIVE STATUS

Current through June 17, 2024
The applicant must meet the requirements set out in 172 NAC
				  10. All optometrist licenses expire on August 1 of each even-numbered
				  year.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 120 - LICENSURE OF OPTOMETRISTS › Section 172-120-005 - CONTINUING COMPETENCY

Current through June 17, 2024
During the 24 months prior to the license renewal date, each
				  licensed optometrist must complete 44 hours of approved continuing education.
				  Each credentialed individual is responsible for maintaining certificates or
				  records of continuing competency activities. Subject matter acceptable for
				  continuing education credit is described as follows.
005.01
STATE AND NATIONAL
				MEETINGS.
For attendance at state and national meetings, such as
				meetings of the Nebraska Optometric Association or the American Optometric
				Association, licensees may earn credit for only the portion of the meeting
				which meets the definition of continuing education can be accepted for
				credit.
005.02
FORMAL
				EDUCATION.
For attendance at formal education courses which relate
				directly to the practice of optometry, licensees may earn credit for each hour
				of attendance.
005.03
OPTOMETRIC COLLEGE-SPONSORED COURSES.
For attendance
				at optometric college-sponsored courses in continuing education in optometry,
				licensees may earn credit for each hour of attendance.
005.04
HOME STUDY.
For completion of home study continuing education with a testing mechanism,
				licensees may earn credit with a maximum of 8 hours of continuing education by
				home study during the 24-month renewal period. If there is not a testing
				mechanism or certificate of completion, the licensee must submit an abstract or
				summary of the material covered to the Board. Such abstract or summary must be
				written by only the licensee and will be reviewed by members of the Board.
005.04(A)
EXAMPLES OF HOME
				STUDY.
Examples of home study courses include, but are not limited
				to, professional journal articles, profession related Internet courses, online
				web courses, or other digital media.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 120 - LICENSURE OF OPTOMETRISTS › Section 172-120-006 - UNPROFESSIONAL CONDUCT

Current through June 17, 2024
Unprofessional Conduct: Unprofessional conduct is set out in
				  Neb. Rev. Stat. §
									38-179,
				  and this chapter :
(A) Making a false
				or misleading statement regarding his/her skill as an optometrist or the
				efficacy or value of the medicine, device, treatment, or remedy prescribed by
				him/her or used at his/her direction in the practice of optometry;
(B) Prescribing, selling, administering, or
				distributing, any drug legally classified as a prescription drug, other than
				with proper certification ;
(C)
				Knowingly giving to a n addict any drug legally classified as a controlled
				substance or recognized as an addictive or dangerous drug;
(D) Failure to furnish the Department , its
				investigators or representatives, information requested by the Department ;
				Neb. Rev. Stat.
(E) To advertise
				in a manner that deceives, misleads, or defrauds the public. The following
				advertising practices will be considered to be deceptive:
(i) To advertise or promote any optometric
				service as free or below the advertiser's or promoter's own cost without
				revealing in the advertising or promotion the minimum expenditure the consumer
				must incur in order to receive the service. If the consumer need not incur any
				expense to obtain the service, then the advertising or promotion must state
				that there is no minimum purchase required;
(ii) To fail to advertise the names of all
				licensed optometrists who are providing optometric service who are addressed by
				the advertisement; and
(iii) i To
				advertise or promote any optometric service with statements that cannot be
				verified, substantiated or measured .
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 120 - LICENSURE OF OPTOMETRISTS › Section 172-120-007 - CERTIFICATION TO USE PHARMACEUTICAL AGENTS

Current through June 17, 2024
In order to use pharmaceutical agents for diagnostic or
				  therapeutic purposes, a licensee must be certified by the Department. The
				  criteria for issuance of certification to use pharmaceutical agents for
				  diagnostic or therapeutic purposes and the documentation required by the
				  Department and the Board are set forth below.
007.01 CERTIFICATION TO USE PHARMACEUTICAL
				AGENTS FOR DIAGNOSTIC PURPOSES. Applicants for certification to use
				pharmaceutical agents for diagnostic purposes must submit a completed
				application provided by the Department, have a current Nebraska license to
				practice optometry, and meet the following:
(A) Satisfactorily complete an approved
				course in pharmacology provided by an accredited school or college of
				optometry;
(i) An approved course in
				pharmacology for a certification to use pharmaceutical agents for diagnostic
				purposes must meet the following criteria:
(1) Include a study of ocular anesthetics,
				mydriatics, cycloplegics, ocular toxicity of pharmaceutical agents, ocular
				allergies of ocular agents, and pharmacologic effects of ocular drug
				substances;
(2) Include the
				consideration of the mechanism of action of anesthetics, cycloplegics, and
				mydriatics in human beings and the uses of the substances in the diagnosis of
				occurring ocular disorders; and
(3)
				Correlate the utilization of pharmaceutical agents and optical instrumentation
				and procedures; and
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 120 - LICENSURE OF OPTOMETRISTS › Section 172-120-008 - PRESCRIBING AND APPLICATION OF CONTACT LENSES

Current through June 17, 2024
Optometrists and persons licensed to practice medicine and
				  surgery are authorized to prescribe and apply and fit contact lenses as set out
				  in Neb. Rev. Stat. §§
									38-2601
				  and
				  38-2607.
				  Each contact lens prescription is valid for the duration of the prescription as
				  indicated by the optometrist or physician or for a period of twelve months from
				  the date of issuance, whichever period expires first. Merchants or dealers may
				  sell contact lenses from a prescription but are not authorized to prescribe,
				  apply or fit the lenses. The prescribing and application or fitting of contact
				  lenses includes, but is not limited to, the following:
(A) Assessment of the eyes to assure their
				suitability for contact lens wear ;
(B) Evaluation and measurement of the
				physical characteristics of the eye and lid ;
(C) Selection, application, and assessment of
				diagnostic trial lenses ;
(D)
				Determination of a preliminary contact lens prescription including all the
				parameters needed to describe the lens so that it can be correctly provided to
				the patient and can be precisely duplicated in the future. These parameters can
				include lens material, power, base curve, overall diameter, color,
				manufacturer, series, optical zone, peripheral curve radii, widths and blends
				and edge treatment ;
(E) Patient
				instruction in care and usage of the lenses ;
(F) Monitoring of the patient during
				adaptation to contact lens wear ; and
(G) Determination of the final contact lens
				prescription.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 120 - LICENSURE OF OPTOMETRISTS › Section 172-120-009 - DISPENSING MEDICATED CONTACT LENSES

Current through June 17, 2024
Prior to dispensing a contact lens containing a
				  pharmaceutical agent, the optometrist must assure that a legible prescription
				  label is affixed to the container. Such prescription label shall contain the
				  following information:
(A) Name,
				address, and telephone number of the doctor's office;
(B) Serial number of the
				prescription;
(C) Name of the
				pharmaceutical agent contained in the contact lens;
(D) Strength of the pharmaceutical agent
				contained in the contact lens, if applicable;
(E) Directions for use;
(F) Quantity of contact lens containing a
				pharmaceutical agent in the container;
(G) Any cautionary statements contained in
				the prescription;
(H) Name of the
				patient;
(I) Name of the
				prescriber; and
(J) Dosage form of
				the pharmaceutical agent.
009.01
STORAGE OF CONTACT LENSES WITH A PHARMACEUTICAL AGENT.
The optometrist shall provide equipment for the storage of contact lenses
				containing a pharmaceutical agent in a manner that meets the manufacturer's
				labeled requirements or in the absence of manufacturer's requirements in
				accordance with those listed in this chapter .
(A) Those requiring a freezer must be stored
				between -4 and +14 degrees Fahrenheit ;
(B) Those requiring refrigeration must be
				stored between 36 and 46 degrees Fahrenheit ;
(C) Those requiring storage in a cool place
				must be stored between 46 and 59 degrees Fahrenheit, or under refrigeration,
				between 36 and 46 degrees Fahrenheit, unless otherwise specified and;
(i) For drugs, devices, or biologicals
				requiring a storage temp under -4 degrees Fahrenheit the temperature of the
				storage location must be within plus or minus 10 degrees;
(D) Those requiring storage at controlled
				room temperature must be stored between 59 and 86 degrees Fahrenheit
				;
(E) Other labeled storage
				instruction for contact lenses containing a pharmaceutical agent must be
				followed.
(F) Contact lenses
				containing a pharmaceutical agent stored in refrigerator must be kept in a
				compartment separate from staff food or beverages.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 120 - LICENSURE OF OPTOMETRISTS › Section 172-120-010 - RECORDKEEPING AND INVENTORY

Current through June 17, 2024
Drugs and devices including medicated contact lenses
				  inventories which require a dispensing practitioner license must meet
				  recordkeeping requirements as set out in this chapter.
010.01
INVENTORY.
The prescription inventory and prescription records must be maintained in a
				secure location when there is no optometrist on the premises. Loss of
				prescription inventory or prescription records due to theft or any other cause
				resulting from failure to secure the inventory or records are grounds for
				disciplinary action.
010.02
INVENTORY SECURITY.
The optometrist must not have in
				his or her dispensable inventory any contact lenses containing a pharmaceutical
				agent which are misbranded or adulterated.
010.03
DRUG UTILIZATION REVIEW
				(DUR).
The prescribing optometrist shall choose and implement a
				systematic approach for DUR. The DUR is part of the optometrist's record
				keeping duties.
010.04
MEDICATED CONTACT LENSES.
The prescribing optometrist
				shall make notation of the prescription for medicated contact lenses in the
				patient record which is a part of the optometrist's record keeping
				duties.
010.05
MEDICATED CONTACT LENS PRESCRIPTIONS.
A prescription
				for medicated contact lenses shall contain the following information:
(A) Patient's name;
(B) Date of the order;
(C) Name of the pharmaceutical agent
				contained in the contact lens;
(D)
				Strength of the pharmaceutical agent contained in the contact lens, if
				applicable,
(E) Directions for
				administration to the patient, including the dose to be given, and the number
				of authorized refills; and
(F)
				Prescriber's name.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 120 - LICENSURE OF OPTOMETRISTS › Section 172-120-011 - DELEGATION TO OPTOMETRIC ASSISTANTS

Current through June 17, 2024
Under Neb. Rev. Stat. §§
									38-2607
				  and
				  38-2618,
				  any licensed optometrist may employ optometric assistants and may delegate the
				  performance of certain duties to optometric assistants under supervision. A
				  licensed optometrist who chooses to delegate duties to optometric assistants
				  must:
(A) Ensure that optometric
				assistants have received the appropriate level of training necessary to
				satisfactorily complete the delegated duties;
(B) Conduct the qualitative assessment of the
				data collected by the optometric assistant and make any appropriate
				diagnosis;
(C) Accept legal
				responsibility and liability for the accuracy of the results, as well as any
				consequences of the testing procedure; and
(D) Authenticate and direct, by full
				signature, the entire examination and treatment provided to the patient.
011.01
AUTHORIZED
				DUTIES.
Optometric assistants, under the supervision or direct
				supervision of a licensed optometrist, may perform the following duties:
011.01(A)
UNDER
				SUPERVISION.
These services can be done under supervision of a
				licensed optometrist:
(i) Gather clinical
				information, which includes subjective and objective data (example - initial
				refraction and visual field testing); and
(ii) Provide educational information as
				instructed by the supervising optometrist.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 128 - PRACTICE OF PHARMACY BY CREDENTIALED PHARMACY PERSONNEL › Section 172-128-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the credentialing of pharmacists,
				  pharmacist interns, pharmacy technicians, and the practice of pharmacy under
				  the Pharmacy Practice Act, Nebraska Revised Statute (Neb. Rev. Stat.)
				  §§
									38-2801
				  to
				  38-28,107
				  and the Nebraska Drug Product Selection Act; the Uniform Controlled Substances
				  Act, Neb. Rev. Stat. §§
									28-1437 to
				  28-1439.01;
				  71-1,142 to 71-1,151;
				  71-2401 to
				  71-2405;
				  and the Uniform Credentialing Act (UCA), Neb. Rev. Stat. §§
									38-101
				  to
				  38-1,142.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 128 - PRACTICE OF PHARMACY BY CREDENTIALED PHARMACY PERSONNEL › Section 172-128-002 - DEFINITIONS

Current through June 17, 2024
Definitions set out in the Pharmacy Practice Act, the
				  Uniform Controlled Substances Act, the Uniform Credentialing Act, and 172
				  Nebraska Administrative Code (NAC) 10 apply to this chapter
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 128 - PRACTICE OF PHARMACY BY CREDENTIALED PHARMACY PERSONNEL › Section 172-128-003 - LICENSE REQUIREMENTS

Current through June 17, 2024
To obtain a license, an individual must submit a complete
				  application provided by the Department and provide documentation demonstrating
				  that the applicant meets the statutory requirements, the requirements in 172
				  NAC 10, and the requirements in this chapter.
003.01
PHARMACIST
				LICENSURE.
To obtain a pharmacist license an applicant must meet
				the requirements of Neb. Rev. Stat. §
									38-2851
				and this chapter.
003.01(A)
EDUCATION.
Applicants must have sent to the Department
				directly from the issuing institution an official transcript showing graduation
				from an accredited pharmacy program; or the Foreign Pharmacy Graduate
				Examination Committee (FPGEC) Certification given by the National Association
				of Boards of Pharmacy (NABP).
003.01(B)
EXAMINATION.
Applicants must have sent to the
				Department directly from the issuing institution a detailed score report
				showing successful completion of the following:
(i) Pass the North American Pharmacist
				Licensure Examination (NAPLEX) or its predecessor exam given by the National
				Association of Boards of Pharmacy (NABP) with a score of 75 or above;
				and
(ii) Pass the Multistate
				Pharmacy Jurisprudence Examination (MPJE) given by National Association of
				Boards of Pharmacy (NABP) with a score of 75 or above.
003.01(C)
RECIPROCITY.
Applicants must submit to the Department
				proof of having met one of the following requirements to demonstrate his or her
				current competency:
(i) Has been in the
				active practice of the profession of pharmacy in another state, territory, or
				the District of Columbia for at least 1 year within the 3 years immediately
				preceding the application for licensure;
(ii) Has become board certified in a
				specialty recognized by the Board of Pharmacy Specialties or its successor
				within 7 years immediately preceding the application for licensure; or
(iii) Is licensed as a pharmacist
				in some other state, territory, or the District of Columbia and has completed
				continuing competency in pharmacy that is approved by the Board of
				Pharmacy.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 128 - PRACTICE OF PHARMACY BY CREDENTIALED PHARMACY PERSONNEL › Section 172-128-004 - RENEWAL, WAIVER OF CONTINUING EDUCATION, AND INACTIVE STATUS

Current through June 17, 2024
The individual must meet the requirements set out in 172 NAC
				  10 and this chapter
004.01
CREDENTIAL EXPIRATION DATES.
All pharmacist licenses
				issued by the Department expire on January 1 of each even-numbered year. All
				pharmacy technician registrations issued by the Department expire on January 1
				of each odd-numbered year. Pharmacist intern registrations are not renewable
				and expire as set out in Neb. Rev. Stat. §
									38-2854.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 128 - PRACTICE OF PHARMACY BY CREDENTIALED PHARMACY PERSONNEL › Section 172-128-005 - CONTINUING COMPETENCY

Current through June 17, 2024
During the 24 months prior to the license renewal date,
				  individuals holding active licenses must complete 30 of continuing education
				  hours from an approved continuing education provider
005.01
APPROVED CONTINUING
				EDUCATION PROVIDERS.
The following are approved continuing
				education providers:
(A) The Accreditation
				Council for Pharmacy Education (ACPE);
(B) The Nebraska Council for Continuing
				Pharmacy Education (NCCPE);
(C) The
				Accreditation Council for Continuing Medical Education (ACCME) Category 1
				continuing education; or
(D) Other
				providers demonstrating the same quality continuing education standards as
				those established in the Criteria for Quality of Accreditation Council for
				Pharmacy Education (ACPE) and approved by the Board of Pharmacy.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 128 - PRACTICE OF PHARMACY BY CREDENTIALED PHARMACY PERSONNEL › Section 172-128-006 - IDENTIFICATION REQUIREMENTS

Current through June 17, 2024
Each individual must be properly identified as set out in
				  Neb. Rev. Stat. §
									38-124,
				  and this chapter.
006.01
PHARMACIST.
Each pharmacist must be identified as a
				pharmacist while performing the duties of a pharmacist within a facility
				licensed under the Health Care Facility Licensure Act.
006.02
PHARMACIST
				INTERN.
Each pharmacist intern must be identified as a pharmacist
				intern while performing the duties of a pharmacist intern.
006.03
PHARMACY
				TECHNICIAN.
Each pharmacy technician must be identified as a
				pharmacy technician while performing the duties of a pharmacy technician.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 128 - PRACTICE OF PHARMACY BY CREDENTIALED PHARMACY PERSONNEL › Section 172-128-007 - SUPERVISION OF PHARMACIST INTERN

Current through June 17, 2024
A pharmacist intern must be supervised as set out in Neb.
				  Rev. Stat. §
									38-2866.01.
				  This supervision must be provided by a pharmacist who possesses a Nebraska
				  pharmacist license which is free from disciplinary measures at the time of
				  supervision
007.01
ONE OR
				MORE SUPERVISORS.
Nothing in this chapter will be construed to
				prohibit 1 pharmacist intern or 1 pharmacy technician from being supervised by
				more than 1 pharmacist at any time.
007.02
PHARMACIST
				INTERN.
A pharmacist intern must not supervise another pharmacist
				intern nor a pharmacy technician.
007.03
COMPLIANCE.
In the case of a pharmacist intern, the result of failure to comply with any of
				these standards may be loss of accumulated pharmacist internship hours and
				revocation of any credential issued on the basis of such pharmacist
				internship.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 128 - PRACTICE OF PHARMACY BY CREDENTIALED PHARMACY PERSONNEL › Section 172-128-008 - UNPROFESSIONAL CONDUCT

Current through June 17, 2024
Unprofessional conduct includes those acts set out in Neb.
				  Rev. Stat. §
									38-179
				  and this chapter.
(A) Refusal to
				cooperate or furnish requested information during a licensing or discipline
				investigation by the Department ;
(B) Any departure from or failure to conform
				to the ethics of the pharmacy profession, which code of ethics were adopted by
				the membership of the American Pharmacists Association on October 27,
				1994;
(C) Misrepresenting one's
				credentials in an application submitted to a healthcare facility, insurance
				company, or prospective employer;
(D) Refusal to provide professional service
				to a person because of such person's race, color, religion, sex, ancestry, age,
				familial status, disability, or national origin;
(E) Refusal to undergo a competency
				evaluation as required by the Board of Pharmacy;
(F) Failure to ensure a verbal offer to
				counsel is made, unless specifically exempt as provided in Neb. Rev. Stat.
				§
									38-2869(2)(e);
(G) Willfully or negligently violating the
				confidentiality between a pharmacist and a patient, except as allowed by
				law;
(H) Except as otherwise
				permitted by law, dispensing, selling, administering, distributing, ordering,
				or giving to a person, known by the pharmacist to be an addict or any person
				previously drug dependent, any drug legally classified as a controlled
				substance;
(I) Exercising influence
				on the patient in such a manner as to exploit the patient for the financial
				gain of the pharmacist or of a third party, which includes, but is not limited
				to, the promotion or sale of services, goods, drugs, devices, or
				biologicals;
(J) Refusal to allow
				access to the records appropriate to practice pharmacy in a facility and
				required to be kept as set out in 175 NAC 8;
(K) Return of dispensed drugs or devices to
				saleable stock, unless specifically allowed by law;
(L) Dispensing, selling, or administering
				anabolic steroids to a person for other than therapeutic purposes;
(M) Practicing pharmacy under a false or
				assumed name;
(N) Lack of
				appropriate direction, collaboration, or supervision of any person employed by,
				supervised by or assigned to the pharmacist;
(O) Claiming credit for any continuing
				competency activities not actually participated in and earned;
(P) Any false or misleading statement on a
				pharmacy self-inspection form.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 130 - MAIL SERVICE PHARMACY LICENSURE › Section 172-130-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the credentialing of mail service
				  pharmacies and the practice of pharmacy under the Mail Service Pharmacy
				  Licensure Act, Nebraska Revised Statute (Neb. Rev. Stat.) §§
									71-2406
				  to
				  71-2409;
				  the Pharmacy Practice Act Neb. Rev. Stat. §§
									38-2801
				  to
				  38-28,116;
				  the Health Care Facility Licensure Act Neb. Rev. Stat. §§
									71-401
				  to
				  71-475;
				  and the Uniform Controlled Substances Act Neb. Rev. Stat. §§
									28-401
				  to
				  28-456.01
				  and
				  28-458
				  to
				  28-475.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 130 - MAIL SERVICE PHARMACY LICENSURE › Section 172-130-002 - DEFINITIONS

Current through June 17, 2024
Definitions set out in the Pharmacy Practice Act, the Health
				  Care Facility Licensure Act, the Uniform Controlled Substances Act, the Uniform
				  Credentialing Act, and 175 Nebraska Administrative Code (NAC) 8 apply to this
				  chapter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 130 - MAIL SERVICE PHARMACY LICENSURE › Section 172-130-003 - MAIL SERVICE PHARMACY LICENSE REQUIREMENTS

Current through June 17, 2024
To receive a license, an applicant must submit a complete
				  application provided by the Department, meet the requirements of Neb. Rev.
				  Stat. §
									71-2407,
				  175 NAC 8-005 and 175 NAC 8-006, and provide the following:
(A) A copy of the current active pharmacy
				license, including all disciplinary action taken on that license;
(B) A copy of all disciplinary action taken
				against the pharmacy in any other jurisdiction in which the pharmacy is
				licensed;
(C) A copy of the current
				active pharmacist license of the Pharmacist in Charge;
(D) A declaration that designates the
				Secretary of State as the Agent for Service of Process in this state;
(E) The name and license number of at least
				one designated pharmacist who holds a current unrestricted Nebraska pharmacist
				license; and
(F) A copy of the two
				most recent inspection reports.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 130 - MAIL SERVICE PHARMACY LICENSURE › Section 172-130-004 - RENEWAL

Current through June 17, 2024
All mail service pharmacy licenses expire annually on July 1.
				  To renew, a licensee must submit a completed application provided by the
				  Department and provide documentation demonstrating that the licensee continues
				  to meet the requirements of 172 NAC
				  130-003.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 130 - MAIL SERVICE PHARMACY LICENSURE › Section 172-130-005 - REINSTATEMENT

Current through June 17, 2024
An applicant requesting reinstatement of an expired license
				  must submit a complete application provided by the Department and provide
				  documentation demonstrating that the applicant meets the requirements of 172
				  NAC
				  130-003.
005.01
REINSTATEMENT FROM
				DISCIPLINE.
An applicant requesting reinstatement after discipline
				must submit a complete application provided by the Department and the
				following:
(A) The reinstatement fee listed
				in 172 NAC 130-006.02;
(B) An
				explanation of the events the led to discipline;
(C) Documentation that the issues that
				resulted in disciplinary action have been addressed;
(D) A copy of all inspections since the
				discipline and all correspondence from the appropriate jurisdiction addressing
				such issues; and
(E) Documents
				showing the applicant meets the requirements set out in 172 NAC
				130-005.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 130 - MAIL SERVICE PHARMACY LICENSURE › Section 172-130-006 - FEES

Current through June 17, 2024
Fees are set out in this chapter
006.01
INITIAL AND RENEWAL
				FEE.
The initial and renewal fees are set at $ 625.00.
006.02
REINSTATEMENT
				FEE.
The reinstatement fee is set at $ 35.00 plus the renewal
				fee.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 131 - WHOLESALE DRUG DISTRIBUTORS › Section 172-131-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the licensure of wholesale drug
				  distributors under Nebraska Revised Statutes (Neb. Rev. Stat.) §§
									71-7427 to
				  71-7463 of the Wholesale Drug
				  Distributor Licensing Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 131 - WHOLESALE DRUG DISTRIBUTORS › Section 172-131-002 - DEFINITIONS

Current through June 17, 2024
Definitions set out in the Wholesale Drug Distributor
				  Licensing Act, 21 Code of Federal Regulations (CFR) Part 205, and the following
				  apply to this chapter.
002.01
ATTEST OR ATTESTATION.
An affirmation that the
				individual declares that all statements on the application are true and
				complete.
002.02
AUTHENTICATE.
To affirmatively verify that each
				transaction listed on the pedigree and any other accompanying documentation has
				occurred.
002.03
CO-LICENSEE.
A pharmaceutical manufacturer that has
				entered into an agreement with another pharmaceutical manufacturer to engage in
				a business activity or occupation related to the manufacture or distribution of
				a prescription drug.
002.04
COMMON CARRIER.
An entity that provides transportation
				or delivery of prescription drugs without storing, warehousing, or taking legal
				ownership of such drugs.
002.05
DESIGNATED REPRESENTATIVE.
An individual designated by
				the wholesale drug distributor who will serve as the responsible individual of
				the daily operations of the wholesale drug distributor.
002.06
DROP
				SHIPMENT.
The sale, by a manufacturer, that manufacturer's
				co-licensee, that manufacturer's third party logistics provider, or that
				manufacturer's exclusive distributor of the manufacturer's prescription drug,
				to a wholesale drug distributor whereby the wholesale drug distributor takes
				title to but not possession of such prescription drug and the wholesale drug
				distributor invoices the pharmacy, the chain pharmacy warehouse, or other
				designated persons authorized by law to dispense, administer or distribute such
				drug and the pharmacy, chain pharmacy warehouse, or other designated persons
				authorized by law to dispense, administer or distribute such drug, receives
				delivery of the prescription drug directly from the manufacturer, that
				manufacturer's co-licensee, that manufacturer's third party logistics provider,
				or that manufacturer's exclusive distributor, of such prescription drug. Drop
				shipments must be part of the "normal distribution chain".
002.07
EXCLUSIVE
				DISTRIBUTOR.
An entity that:
(A)
				Contracts with a manufacturer to provide or coordinate warehousing, wholesale
				drug distribution, or other services on behalf of a manufacturer and who takes
				title to that manufacturer's prescription drug, but who does not have general
				responsibility to direct the sale or disposition of the manufacturer's
				prescription drug; and
(B) Is
				licensed as a wholesale drug distributor under this chapter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 131 - WHOLESALE DRUG DISTRIBUTORS › Section 172-131-003 - LICENSE REQUIREMENTS

Current through June 17, 2024
To obtain a license, an applicant must submit a complete
				  application provided by the Department and provide documentation demonstrating
				  that the applicant meets the licensing requirements of Neb. Rev. Stat.
				  §§
									71-7448,
				  71-7452, and this chapter.
003.01
APPLICATION.
All applications submitted to the Department must contain the information
				required by 21 CFR §
										205.5, Neb. Rev. Stat. §
									71-7448, and the following:
(A) Drug Enforcement Administration (DEA)
				Controlled Substances Registration number, if applicable; and
(B) Business hours.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 131 - WHOLESALE DRUG DISTRIBUTORS › Section 172-131-004 - INSPECTIONS

Current through June 17, 2024
Inspections must meet the requirements set out in Neb. Rev.
				  Stat. §§
									71-7453 to
				  71-7456, and this chapter.
004.01
TRIENNIAL
				INSPECTION.
On a triennial basis after initial licensure, all
				wholesale drug distributor facilities must be inspected. The licensee must
				ensure that:
(1) The designated representative
				is present at the facility at the time of inspection;
(2) All records which describe the wholesale
				drug distribution activities for the triennium are accessible during the
				inspection, including drug analysis; and
(3) Any required fees for conducting the
				inspection are paid.
004.01(A)
INSPECTION BY OTHER ENTITY.
If the inspection is
				performed by a nationally recognized accreditation program approved by the
				Board or by another state or federal regulatory agency approved by the Board,
				the inspection must meet the requirements in this chapter, including standards
				for:
(i) Personnel;
(ii) Facility;
(iii) Pedigrees;
(iv) Policies and procedures; and
(v) Records.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 131 - WHOLESALE DRUG DISTRIBUTORS › Section 172-131-005 - STANDARDS FOR ENGAGING IN WHOLESALE DRUG DISTRIBUTION

Current through June 17, 2024
All wholesale drug distributors must meet the requirements in
				  21 CFR Part 205 and the following standards for engaging in wholesale drug
				  distribution.
005.01
PERSONNEL.
A wholesale drug distributor must employ
				staff to operate the wholesale drug distribution facility under this chapter
				and must designate a representative to be in charge of wholesale drug
				distribution and the storage and handling of all drugs. Such designated
				representative must:
(A) Have knowledge of
				federal and state statutes applicable to wholesale drug distribution;
(B) Have had no convictions under any
				federal, state, or local laws relating to drug samples, wholesale or retail
				drug distribution, or distribution of controlled substances;
(C) Have a minimum of 2 years of verifiable
				full-time managerial or supervisory experience in a pharmacy or wholesale drug
				distributor licensed in this state or another state, where the designated
				representative's responsibilities included but were not limited to
				recordkeeping, storage, and shipment of prescription drugs; and
(D) Be actively involved in and aware of the
				actual daily operations of the wholesale drug distributor, including the
				following:
(i) Employed full-time in a
				managerial position by the wholesale drug distributor;
(ii) Physically present at the wholesale drug
				distributor during normal business hours, except for time periods when absent
				due to illness, family illness or death, scheduled vacation, or other
				authorized absence; and
(iii) Aware
				of, and knowledgeable about, all policies and procedures pertaining to the
				operations of the wholesale drug distributor.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 131 - WHOLESALE DRUG DISTRIBUTORS › Section 172-131-006 - AMENDING A WHOLESALE DRUG DISTRIBUTOR APPLICATION OR LICENSE

Current through June 17, 2024
A license is issued only for the premises and persons named
				  in the application and is not transferable or assignable. Change of ownership
				  or change of premises terminates the license. The owner or owners must apply
				  for a new wholesale drug distributor license.
006.01
AMENDMENT.
An
				applicant or licensee must notify the Department when there is a change in the
				designated representative or the information required by
				21 CFR §
										205.5(a). The applicant or
				licensee is responsible for meeting the requirements of this chapter and may
				amend the wholesale drug distributor application or license by submitting the
				required information to the Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 131 - WHOLESALE DRUG DISTRIBUTORS › Section 172-131-007 - RENEWAL

Current through June 17, 2024
To renew a license, applicants must meet the requirements of
				  Neb. Rev. Stat. §
									71-7448, §§
									71-7451 to
				  71-7453, and this chapter,
				  including the following:
(A) Respond
				whether, since initial license or renewal, has any license of the facility in
				another state been revoked, suspended, limited or disciplined in any
				manner;
(B) Pass any inspection
				that has been conducted prior to the renewal of the license;
(C) If any misdemeanor or felony convictions
				of the designated representative, the supervisor of the designated
				representative and each owner of the licensee or any disciplinary action was
				taken against the licensee by another state, submit to the Department an
				official copy of the disciplinary action or court records, including charges
				and disposition; and
(D) Attest
				that the information provided is true and correct to the best of their
				knowledge.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 131 - WHOLESALE DRUG DISTRIBUTORS › Section 172-131-008 - REINSTATEMENT

Current through June 17, 2024
To reinstate a license, applicants must submit an application
				  provided by the Department that contains the information in 172 NAC 131-003 and
				  the following:
(A) The license
				number;
(B) The expiration
				date;
(C) The renewal fee and the
				reinstatement fee as set out in 172 NAC 131-010; and
(D) The licensee's last known address of
				record.
008.01
REINSTATEMENT AFTER EXPIRATION.
If more than 30 days
				has passed since a license expired an applicant must apply to reinstate the
				license.
008.01(A)
NOTICE OF
				DISCIPLINE OR ACTION TAKEN IN ANOTHER JURISDICTION.
All applicants
				for reinstatement after expiration must include the following related to the
				time period since the last renewal or since the initial issuance of the license
				if the applicant has not previously renewed:
(i) Submit to the Department an official copy
				of the disciplinary action or court records if the designated representative of
				the licensee been convicted of a misdemeanor or felony; and
(ii) Submit to the Department an official
				copy of the disciplinary action if any license of the designated representative
				of the licensee or any other license held by the licensee in any profession in
				another state has been revoked, suspended, limited or disciplined in any
				manner.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 131 - WHOLESALE DRUG DISTRIBUTORS › Section 172-131-009 - GROUNDS ON WHICH THE DEPARTMENT MAY DENY, REFUSE RENEWAL OF, OR DISCIPLINE A WHOLESALE DRUG DISTRIBUTOR LICENSE

Current through June 17, 2024
Grounds are set out in Neb. Rev. Stat. §
									38-178, §
									38-179, §
									71-7461 and this chapter.
(A) Unprofessional conduct which includes:
(i) Misrepresentation or fraud in the conduct
				of a wholesale drug distribution facility; or
(ii) Knowingly purchasing or receiving
				prescription drugs from any source other than a person or entity licensed or
				exempt from licensure pursuant to the Wholesale Drug Distributor Licensing Act,
				except transfers for emergency medical reasons. This will not apply to returns
				or recalls, misshipments, misorders, or damaged goods;