Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-2619 Optometry; patient's freedom of choice.
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No agencies of the state or its subdivisions administering relief, public assistance, public welfare assistance, or other health service under the laws of this state, including the public schools, shall in the performance of their duties, interfere with any patient's freedom of c…
Neb. Rev. Stat. § 38-2620 Nebraska Optometry Education Assistance Contract Program; purpose.
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There is hereby established the Nebraska Optometry Education Assistance Contract Program for the purpose of providing opportunities for citizens of this state desiring to pursue study in the field of optometry at accredited schools and colleges outside the state. Eligibility for …
Neb. Rev. Stat. § 38-2621 Program; Board of Regents; administer; rules and regulations; adopt; reports; conditions.
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The program established by section 38-2620 shall be administered by the Board of Regents of the University of Nebraska. The Board of Regents shall adopt appropriate rules and regulations to carry out sections 38-2620 to 38-2623 and negotiate contract arrangements with accredited …
Neb. Rev. Stat. § 38-2622 Program; financial assistance; number of students.
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Annual financial payments made under sections 38-2620 to 38-2623 shall be limited to students who participated in or were accepted into the program in the academic year 2010-11 and shall continue for the remaining academic year or years that any such student is enrolled in an acc…
Neb. Rev. Stat. § 38-2623 Program; financial assistance; limitation.
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Financial assistance under sections 38-2620 to 38-2623 shall be continued not to exceed four years until the enrolled student has received a degree in optometry. Contracts with schools and colleges shall set forth terms and provisions for continuation of such payments.
Neb. Rev. Stat. § 38-2701 Act, how cited.
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Sections 38-2701 to 38-2711 shall be known and may be cited as the Perfusion Practice Act.
Neb. Rev. Stat. § 38-2702 Legislative findings and declarations.
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The Legislature finds and declares that the public interest requires the regulation of the practice of perfusion and the establishment of clear licensure standards for perfusionists and that the health and welfare of the residents of the State of Nebraska will be protected by ide…
Neb. Rev. Stat. § 38-2703 Terms, defined.
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For purposes of the Perfusion Practice Act: (1) Board means the Board of Medicine and Surgery; (2) Extracorporeal circulation means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart, lungs, kidney…
Neb. Rev. Stat. § 38-2704 License required; exceptions.
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After September 1, 2007, no person shall practice perfusion, whether or not compensation is received or expected, unless the person holds a license to practice perfusion under the Perfusion Practice Act, except that nothing in the act shall be construed to: (1) Prohibit any perso…
Neb. Rev. Stat. § 38-2705 License requirements.
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To be eligible to be licensed as a perfusionist, an applicant shall fulfill the following requirements: (1) Submit evidence of successful completion of a perfusion education program with standards established by the Accreditation Committee for Perfusion Education and approved by …
Neb. Rev. Stat. § 38-2706 Education and examination requirements; waiver.
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The board may waive the education and examination requirements under section 38-2705 for an applicant who: (1) Within one hundred eighty days after September 1, 2007, submits evidence satisfactory to the board that he or she has been operating cardiopulmonary bypass systems for c…
Neb. Rev. Stat. § 38-2707 Temporary license.
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(1) The department shall issue a temporary license to a person who has applied for licensure pursuant to the Perfusion Practice Act and who, in the judgment of the department, with the recommendation of the board, is eligible for examination. An applicant with a temporary license…
Neb. Rev. Stat. § 38-2708 Fees.
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The department shall establish and collect fees for initial licensure and renewal under the Perfusion Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-2709 Title and abbreviation; use.
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No person shall use the title Perfusionist, the abbreviation LP, or any other title, designation, words, letters, abbreviations, or insignia indicating the practice of perfusion unless licensed to practice perfusion.
Neb. Rev. Stat. § 38-2710 Rules and regulations.
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The department, with the recommendation of the board, shall adopt and promulgate rules and regulations to carry out the Perfusion Practice Act.
Neb. Rev. Stat. § 38-2711 Code of ethics; record of licensees.
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The board shall adopt and publish a code of ethics for perfusionists and maintain a record of every perfusionist licensed in this state which includes his or her place of business, place of residence, and license date and number.
Repealed. Laws 2017, LB644, § 21.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-28 Department; drugs and devices; powers; appeal.
Neb. Rev. Stat. § 38-2801 Act, how cited.
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Sections 38-2801 to 38-28,117 and the Nebraska Drug Product Selection Act shall be known and may be cited as the Pharmacy Practice Act.
Neb. Rev. Stat. § 38-2802 Definitions, where found.
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For purposes of the Pharmacy Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2803 to 38-2848 apply.
Neb. Rev. Stat. § 38-2803 Accredited hospital or clinic, defined.
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Accredited hospital or clinic means a hospital or clinic approved by the board.
Neb. Rev. Stat. § 38-2804 Accredited pharmacy program, defined.
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An accredited pharmacy program means one approved by the board upon the recommendation of the accrediting committee of the Accreditation Council for Pharmacy Education. It shall be a pharmacy program which maintains at least a three-year course in pharmacy, consisting of not less…
Neb. Rev. Stat. § 38-2805 Accredited school or college of pharmacy, defined.
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Accredited school or college of pharmacy means a school or college of pharmacy or a department of pharmacy of a university approved by the board pursuant to section 38-2804.
Neb. Rev. Stat. § 38-2805.01 Accrediting body, defined.
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Accrediting body means an entity recognized by the Centers for Medicare and Medicaid Services to provide accrediting services for the Medicare Part B Home Medical Equipment Services Benefit.
Neb. Rev. Stat. § 38-2806 Administer, defined.
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Administer means to directly apply a drug or device by injection, inhalation, ingestion, or other means to the body of a patient or research subject.
Neb. Rev. Stat. § 38-2807 Administration, defined.
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Administration means the act of (1) administering, (2) keeping a record of such activity, and (3) observing, monitoring, reporting, and otherwise taking appropriate action regarding desired effect, side effect, interaction, and contraindication associated with administering the d…
Neb. Rev. Stat. § 38-2807.01 Bioequivalent, defined.
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Bioequivalent means drug products: (1) That are legally marketed under regulations promulgated by the federal Food and Drug Administration; (2) that are the same dosage form of the identical active ingredients in the identical amounts as the drug product prescribed; (3) that comp…
Neb. Rev. Stat. § 38-2807.02 Biological product, defined.
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Biological product has the same meaning as in 42 U.S.C. 262, as such section existed on January 1, 2017.
Neb. Rev. Stat. § 38-2807.03 Brand name, defined.
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Brand name means the proprietary or trade name selected by the manufacturer, distributor, or packager for a drug product and placed upon the labeling of such product at the time of packaging.
Neb. Rev. Stat. § 38-2808 Board, defined.
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Board means the Board of Pharmacy.
Neb. Rev. Stat. § 38-2808.01 Calculated expiration date, defined.
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Calculated expiration date means the expiration date on the manufacturer's, packager's, or distributor's container or one year from the date the drug or device is repackaged, whichever is earlier.
Neb. Rev. Stat. § 38-2809 Caregiver, defined.
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Caregiver means any person acting as an agent on behalf of a patient or any person aiding and assisting a patient.
Neb. Rev. Stat. § 38-2810 Chart order, defined.
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Chart order means an order for a drug or device issued by a practitioner for a patient who is in the hospital or long-term care facility where the chart is stored or for a patient receiving detoxification treatment or maintenance treatment pursuant to section 28-412. Chart order …
Neb. Rev. Stat. § 38-2810.01 Chemically equivalent, defined.
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Chemically equivalent means drug products that contain amounts of the identical therapeutically active ingredients in the identical strength, quantity, and dosage form and that meet present compendial standards.
Neb. Rev. Stat. § 38-2811 Compounding, defined.
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Compounding means the preparation of components into a drug product.
Neb. Rev. Stat. § 38-2812 Delegated dispensing, defined.
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Delegated dispensing means the practice of pharmacy by which one or more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or more persons pursuant to sections 38-2872 to 38-2889 under a protocol which provides that such person may perform cer…
Neb. Rev. Stat. § 38-2813 Deliver or delivery, defined.
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Deliver or delivery means to actually, constructively, or attempt to transfer a drug or device from one person to another, whether or not for consideration.
Neb. Rev. Stat. § 38-2814 Device, defined.
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Device means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is prescribed by a practitioner and dispensed by a pharmacist or other person authorized by l…
Neb. Rev. Stat. § 38-2815 Dialysis drug or device distributor, defined.
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Dialysis drug or device distributor means a manufacturer or wholesaler who provides dialysis drugs, solutions, supplies, or devices, to persons with chronic kidney failure for self-administration at the person's home or specified address, pursuant to a prescription.
Neb. Rev. Stat. § 38-2816 Dialysis drug or device distributor worker, defined.
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Dialysis drug or device distributor worker means a person working for a dialysis drug or device distributor with a delegated dispensing permit who has completed the approved training and has demonstrated proficiency to perform the task or tasks of assembling, labeling, or deliver…
Neb. Rev. Stat. § 38-2817 Dispense or dispensing, defined.
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(1) Dispense or dispensing means interpreting, evaluating, and implementing a medical order, including preparing and delivering a drug or device to a patient or caregiver in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. (2) Dis…
Neb. Rev. Stat. § 38-2818 Distribute, defined.
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Distribute means to deliver a drug or device, other than by administering or dispensing.
Neb. Rev. Stat. § 38-2818.01 Drug sample or sample medication; defined.
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Drug sample or sample medication means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug. Each sample unit shall bear a label that clearly denotes its status as a drug sample, which may include, but need not be limited t…
Neb. Rev. Stat. § 38-2818.02 Drug product, defined.
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Drug product means any drug or device as defined in section 38-2841.
Neb. Rev. Stat. § 38-2818.03 Drug product select, defined.
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Drug product select means to dispense, without the practitioner's express authorization, an equivalent drug product or an interchangeable biological product in place of the brand-name drug or the biological product contained in a medical order of such practitioner.
Neb. Rev. Stat. § 38-2819 Drugs, medicines, and medicinal substances, defined.
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Drugs, medicines, and medicinal substances means (1) articles recognized in The United States Pharmacopeia and The National Formulary, the Homeopathic Pharmacopoeia of the United States, or any supplement to any of them, (2) articles intended for use in the diagnosis, cure, mitig…
Neb. Rev. Stat. § 38-2820 Electronic signature, defined.
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Electronic signature has the same meaning as in section 86-621.
Neb. Rev. Stat. § 38-2821 Electronic transmission, defined.
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Electronic transmission means transmission of information in electronic form. Electronic transmission may include computer-to-computer transmission or computer-to-facsimile transmission.
Neb. Rev. Stat. § 38-2821.01 Equivalent, defined.
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Equivalent means drug products that are both chemically equivalent and bioequivalent.
Neb. Rev. Stat. § 38-2822 Facility, defined.
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Facility means a health care facility as defined in section 71-413.