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1,388 sections in this chapter.
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.
Neb. Rev. Stat. § 38-28,100 Department; drugs and devices; powers; appeal.
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The department may place under seal all drugs or devices that are owned by or in the possession, custody, or control of a licensee or permittee under the Pharmacy Practice Act at the time his or her license or permit is suspended or revoked or at the time the board or department …
Neb. Rev. Stat. § 38-28,101 Pharmacy inspector.
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Only a licensed pharmacist who is or who has been engaged in the active practice of pharmacy shall be appointed by the department to serve as a pharmacy inspector with the consent and approval of the board.
Neb. Rev. Stat. § 38-28,102 Prescribing practitioner; loss of ability to prescribe; effect on validity of prescription; pharmacist; use professional judgment; applicability.
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A prescription that is valid when written remains valid for the period stated in the medical order notwithstanding the prescribing practitioner's subsequent death or retirement or the suspension or revocation of the prescribing practitioner's credential by the appropriate board, …
Neb. Rev. Stat. § 38-28,103 Violation; penalty.
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Any person who does or commits any of the acts or things prohibited by the Pharmacy Practice Act or otherwise violates any of the provisions thereof shall be guilty of a Class II misdemeanor except as otherwise specifically provided.
Neb. Rev. Stat. § 38-28,104 Prescription; contents; refill; pharmacist dispense, when; conditions; liability or disciplinary action.
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(1) A prescription for a legend drug which is not a controlled substance must contain the following information prior to being filled by a pharmacist or a practitioner who holds a pharmacy license under subdivision (1) of section 38-2850: Patient's name, or if not issued for a sp…
Neb. Rev. Stat. § 38-28,105 Chart order; contents.
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A chart order must contain the following information: Patient's name; date of the order; name of the drug, device, or biological; strength of the drug or biological, if applicable; directions for administration to the patient, including the dose to be given; and prescribing pract…
Neb. Rev. Stat. § 38-28,106 Communication of prescription, chart order, or refill authorization; limitation.
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An employee or agent of a prescribing practitioner may communicate a prescription, chart order, or refill authorization issued by the prescribing practitioner to a pharmacist or a pharmacist intern except for an emergency oral authorization for a controlled substance listed in Sc…
Neb. Rev. Stat. § 38-28,107 Collection or return of dispensed drugs and devices; conditions; fee; liability; professional disciplinary action.
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(1) To protect the public safety, dispensed drugs or devices: (a) May be collected in a pharmacy for disposal; (b) May be returned to a pharmacy in response to a recall by the manufacturer, packager, or distributor or if a device is defective or malfunctioning; (c) Shall not be r…
Neb. Rev. Stat. § 38-28,108 Nebraska Drug Product Selection Act; act, how cited.
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Sections 38-28,108 to 38-28,116 shall be known and may be cited as the Nebraska Drug Product Selection Act.
Neb. Rev. Stat. § 38-28,109 Drug product selection; purposes of act.
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The purposes of the Nebraska Drug Product Selection Act are to provide for the drug product selection of equivalent drug products or interchangeable biological products and to promote the greatest possible use of such products.
Neb. Rev. Stat. § 38-28,111 Drug product selection; when; pharmacist; duty.
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(1) A pharmacist may drug product select except when: (a) A practitioner designates that drug product selection is not permitted by specifying in the written, oral, or electronic prescription that there shall be no drug product selection. For written or electronic prescriptions, …
Neb. Rev. Stat. § 38-28,112 Pharmacist; drug product selection; effect on reimbursement; label; price.
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(1) Whenever a drug product has been prescribed with the notation that no drug product selection is permitted for a patient who has a contract whereunder he or she is reimbursed for the cost of health care, directly or indirectly, the party that has contracted to reimburse the pa…
Neb. Rev. Stat. § 38-28,113 Drug product selection; pharmacist; practitioner; negligence; what constitutes.
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(1) Drug product selection by a pharmacist pursuant to the Nebraska Drug Product Selection Act shall not constitute the practice of medicine. (2) Drug product selection by a pharmacist pursuant to the act or any rules and regulations adopted and promulgated under the act shall no…
Neb. Rev. Stat. § 38-28,114 Drug; labeling; contents; violation; embargo; effect.
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(1) The manufacturer, packager, or distributor of any legend drug sold, delivered, or offered for sale for human use in the State of Nebraska shall have the name and address of the manufacturer of the finished dosage form of the drug printed on the label on the container of such …
Neb. Rev. Stat. § 38-28,115 Drug product selection; violations; penalty.
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(1) In addition to any other penalties provided by law, any person who violates any provision of the Nebraska Drug Product Selection Act or any rule or regulation adopted and promulgated under the act is guilty of a Class IV misdemeanor for each violation. (2) It is unlawful for …
Neb. Rev. Stat. § 38-28,116 Drug product selection; rules and regulations; department; duty.
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(1) The department may adopt and promulgate rules and regulations necessary to implement the Nebraska Drug Product Selection Act upon the joint recommendation of the Board of Medicine and Surgery and the Board of Pharmacy. (2) The department shall maintain a link on its website t…
Neb. Rev. Stat. § 38-28,117 Pharmacy; hospital pharmacy; inspection; requirements.
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Effective January 1, 2025, any self-inspection of a pharmacy or a hospital pharmacy shall be made using a form authorized by the board. The board shall authorize the form for use beginning January 1, 2025, on or before November 1, 2024, and such form shall remain in effect for a …
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.