Statutes Relating to Pharmacy Practice Act

2021

STATE OF NEBRASKA

STATUTES RELATING TO PHARMACY PRACTICE ACT

Department of Health and Human Services Division of Public Health Licensure Unit

301 Centennial Mall South, First Floor PO Box 94986

Lincoln, NE 68509-4986

28-401. 28-401.01. 28-401.02. 28-402. 28-403. 28-404. 28-405. 28-406. 28-407. 28-408. 28-409. 28-410. 28-411.

28-412. 28-413. 28-414. 28-414.01.

28-414.02. 28-414.03. 28-414.04. 28-414.05. 28-414.06. 28-414.07. 28-415. 28-416. 28-417. 28-418. 28-419. 28-420. 28-421. 28-422. 28-423. 28-424. 28-425. 28-426. 28-427. 28-428. 28-429.

28-430. 28-431.

28-432. 28-433. 28-434. 28-435. 28-435.01.

28-435.02. 28-435.03.

28-436. 28-437.

STATUTE INDEX

UNIFORM CONTROLLED SUBSTANCES ACT

Terms, defined. Act, how cited. Act; how construed. Repealed. Laws 2001, LB 398, ? 97. Administering secret medicine; penalty. Controlled substances; declaration. Controlled substances; schedules; enumerated. Registration; fees. Registration required; exceptions. Registration to manufacture or distribute controlled substances; factors considered. Registrant; disciplinary action; grounds; procedure. Records of registrants; inventory; violation; penalty; storage. Controlled substances; records; by whom kept; contents; compound controlled substances; duties. Narcotic drugs; administration to narcotic-dependent person; violation; penalty. Distribution to another registrant; manner. Controlled substance; Schedule II; prescription; contents. Controlled substance; Schedule III, IV, or V; medical order, required; prescription; contents; pharmacist; authority to adapt prescription; duties. Prescription created, signed, transmitted, and received electronically; records. Controlled substances; maintenance of records; label. Controlled substance; transfer. Controlled substance; destruction; records. Controlled substance; practitioner; provide information; limit on liability or penalty. Controlled substances; chemical analysis; admissible as evidence in preliminary hearing. Narcotic drugs; label; requirements. Prohibited acts; violations; penalties. Unlawful acts; violations; penalty. Intentional violations; penalty. Inhaling or drinking certain intoxicating substances; unlawful. Selling or offering for sale certain compounds; use; knowledge of seller; unlawful. Act, exceptions. Selling or offering for sale certain compounds; register; maintain for one year. Inducing or enticing; violation. Violations; penalty. Transferred to section 71-2510.01. Repealed. Laws 1978, LB 748, ? 61. Additional penalties. Controlled premises, defined; inspection; procedure. Division of Drug Control; established; personnel; powers and duties; Nebraska State Patrol Drug Control and Education Cash Fund; created; use; investment; report; contents. Department; enforce act; powers. Seized without warrant; subject to forfeitures; disposition; manner; when; accepted as evidence; court costs and expenses; report to Auditor of Public Accounts; contents. Complaint, pleading, or proceeding; burden of proof. Appeal; procedure. Education and research. Licensee; reporting and investigation duties. Health care facility; peer review organization or professional association; report required; contents; confidentiality; immunity; failure to report; civil penalty; disposition. Insurer; duty to report violations. Clerk of county or district court; report convictions and judgments; Attorney General or city or county prosecutor; provide information. Repealed. Laws 1993, LB 627, ? 26. Uniformity of interpretation.

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28-438. 28-439. 28-440. 28-441. 28-442. 28-443. 28-444. 28-445. 28-446. 28-447. 28-448. 28-449. 28-450.

28-451. 28-452. 28-453. 28-454. 28-455. 28-456. 28-456.01. 28-458. 28-459. 28-460. 28-461. 28-462. 28-463. 28-464.

28-465.

28-466. 28-467. 28-468. 28-469. 28-470.

28-471. 28-472. 28-473. 28-474. 28-475. 28-476.

38-611.

38-706 38-711.

Transferred to section 28-401.01. Drug paraphernalia, defined; enumerated. Drug paraphernalia; determination; factors considered. Drug paraphernalia; use or possession; unlawful; penalty. Drug paraphernalia; deliver or manufacture; unlawful; exception; penalty. Delivery of drug paraphernalia to a minor; penalty. Advertisement of drug paraphernalia; unlawful; penalty. Imitation controlled substance; prohibited acts; determination; penalties; seizure. Repealed. Laws 1992, LB 1019, ? 130. Repealed. Laws 1992, LB 1019, ? 130. Repealed. Laws 2009, LB 151, ? 5. Crystalline iodine; sale; requirements. Ephedrine, pseudoephedrine, or phenylpropanolamine; immediate precursor; prohibited acts; violation; penalty. Anhydrous ammonia; possession; penalty. Ephedrine, pseudoephedrine, or phenylpropanolamine; possession; penalty. Methamphetamine; retailer education program. Repealed. Laws 2009, LB 151, ? 5. Methamphetamine Awareness and Education Fund; created; use; investment. Phenylpropanolamine or pseudoephedrine; sold without a prescription; requirements; enforcement. Pseudoephedrine or phenylpropanolamine; limitation on acquisition; violation; penalty. Methamphetamine precursor; terms, defined. Methamphetamine precursor; seller; duties; waiver authorized. Methamphetamine precursor; access to exchange to law enforcement. Methamphetamine precursor; seller; immunity. Methamphetamine precursor; prohibited acts; penalty. Cannabidiol; terms, defined; legislative findings. Medical Cannabidiol Pilot Study; University of Nebraska and Nebraska Medicine; authority to produce or possess cannabidiol; patient; eligibility. Medical Cannabidiol Pilot Study; created; physician or pharmacist; duties; risks and benefits form; use; participant; document; contents. University of Nebraska Medical Center and Nebraska Medicine; duties; powers. Prosecution for unlawful possession of marijuana; defense; restrictions on certain actions. Report; contents. Termination. Naloxone; authorized activities; immunity from administrative action, criminal prosecution, or civil liability. Lookalike substance; prohibited acts; penalty. Drug overdose; exception from criminal liability; conditions. Transferred to section 38-1,144. Transferred to section 38-1,145. Opiates; receipt; identification required. Hemp; carry or transport; requirements; peace officer; powers; violation; penalty.

CERTIFIED NURSE MIDWIFERY PRACTICE ACT (Nurse Midwife prescribing controlled substances)

Certified nurse midwife; authorized activities. Title 172 Chapter 104 Practice of Certified Nurse Midwives Regulations (104-005.01(6))

CERTIFIED REGISTERED NURSE ANESTHETIST PRACTICE ACT (Nurse Anesthetist administration of controlled substances)

Practice of anesthesia, defined; activities not subject to act. Certified registered nurse anesthetist; performance of duties.

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38-2055.

38-2315.

38-2801. 38-2802. 38-2803. 38-2804. 38-2805. 38-2805.01 38-2806. 38-2807. 38-2807.01. 38-2807.02. 38-2807.03. 38-2808. 38-2808.01. 38-2809. 38-2810. 38-2810.01. 38-2811. 38-2812. 38-2813. 38-2814. 38-2815. 38-2816. 38-2817. 38-2818. 38-2818.01. 38-2818.02. 38-2818.03. 38-2819. 38-2820. 38-2821. 38-2821.01. 38-2822. 38-2823. 38-2823.01. 38-2824. 38-2825. 38-2825.01. 38-2825.02. 38-2826. 38-2826.01 38-2826.02 38-2826.03 38-2827. 38-2828. 38-2829. 38-2830. 38-2831.

MEDICINE AND SURGERY PRACTICE ACT (Physician Assistant prescribing of drugs and devices)

Physician assistants; prescribe drugs and devices; restrictions.

NURSE PRACTITIONER PRACTICE ACT (Nurse Practitioner prescribing controlled substances)

Nurse practitioner; functions; scope.

PHARMACY PRACTICE ACT

Act, how cited. Definitions, where found. Accredited hospital or clinic, defined. Accredited pharmacy program, defined. Accredited school or college of pharmacy, defined. Accrediting body, defined. Administer, defined. Administration, defined. Bioequivalent, defined. Biological product, defined. Brand name, defined. Board, defined. Calculated expiration date, defined. Caregiver, defined. Chart order, defined. Chemically equivalent, defined. Compounding, defined. Delegated dispensing, defined. Deliver or delivery, defined. Device, defined. Dialysis drug or device distributor, defined. Dialysis drug or device distributor worker, defined. Dispense or dispensing, defined. Distribute, defined. Drug sample or sample medication; defined. Drug product, defined. Drug product select, defined. Drugs, medicines, and medicinal substances, defined. Electronic signature, defined. Electronic transmission, defined. Equivalent, defined. Facility, defined. Facsimile, defined. Generic name, defined. Graduate pharmacy education or approved program, defined. Hospital, defined. Hospital pharmacy, defined. Interchangeable biological product, defined. Labeling, defined. Long-term care facility, defined. Medical gas, defined. Medical gas device, defined. Repealed. Laws 2009, LB 604, ? 12. Medical order, defined. Nonprescription drugs, defined. Patient counseling, defined. Pharmaceutical care, defined.

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38-2832. 38-2833. 38-2834. 38-2835. 38-2836. 38-2836.01. 38-2837. 38-2838. 38-2839. 38-2840. 38-2841. 38-2842. 38-2843. 38-2843.01. 38-2843.02. 38-2843.03. 38-2843.04. 38-2844. 38-2845. 38-2845.01. 38-2846. 38-2846.01. 38-2847. 38-2848. 38-2849. 38-2850. 38-2851. 38-2852. 38-2853. 38-2854. 38-2855. 38-2856. 38-2857. 38-2858. 38-2859. 38-2860. 38-2861. 38-2862. 38-2863. 38-2864. 38-2865. 38-2866. 38-2866.01. 38-2867. 38-2867.01. 38-2867.02. 38-2867.03. 38-2868. 38-2869. 38-2870. 38-2871. 38-2872. 38-2873. 38-2874. 38-2875. 38-2876. 38-2877. 38-2878. 38-2879.

Pharmacist, defined. Pharmacist in charge, defined. Pharmacist intern, defined. Pharmacy, defined. Pharmacy technician, defined. Practice agreement, defined. Practice of pharmacy, defined. Practitioner, defined. Prescribe, defined. Prescription, defined. Prescription drug or device or legend drug or device, defined. Public health clinic, defined. Public health clinic worker, defined. Repackage, defined. Remote dispensing, defined. Remote dispensing pharmacy, defined. Supervising pharmacy, defined. Signature, defined. Supervision, defined. Telepharmacy, defined. Temporary educational permit, defined. Validation, defined. Verification, defined. Written protocol, defined. Board; membership; qualifications. Pharmacy; practice; persons excepted. Pharmacist; license; requirements. Examination; grade. Repealed. Laws 2017, LB166, ? 27. Pharmacist intern; qualifications; registration; powers. Pharmacy; temporary educational permits; issuance. Temporary educational permit; practice pharmacy; conditions. Temporary educational permit; issuance; when. Holder of temporary educational permit; rules and regulations; applicability. Temporary educational permit; period valid; renewal. Temporary educational permit. Temporary educational permit; serve in approved program; application; contents. Temporary educational permit; recommendation for issuance; by whom. Temporary educational permit; fee. Temporary educational permit; disciplinary actions; appeal. Holder; temporary educational permit; receive license; when. Pharmacist; powers. Pharmacist; supervision of pharmacy technicians and pharmacist interns. Pharmacy; scope of practice; prohibited acts; violation; penalty. Authority to compound; standards; labeling; prohibited acts. Pharmacist in charge of hospital pharmacy; duties. Pharmacist; practice agreement; notice; contents; form; pharmacist intern participation. Pharmacist; patient information; privileged. Prospective drug utilization review; counseling; requirements. Medical order; duration; dispensing; transmission. Prescription information; transfer; requirements. Delegated dispensing agreements; authorized. Delegated dispensing permit; requirements. Delegated dispensing site; inspection; requirements; fees. Delegated dispensing permit; complaint; investigation; costs. Delegated dispensing permit; disciplinary actions. Delegated dispensing permit; denial or disciplinary actions; notice; hearing; procedure. Delegated dispensing permit; orders authorized; civil penalty. Delegated dispensing permit; revocation or suspension; procedure; appeal.

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