Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-2859 Temporary educational permit; period valid; renewal.
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The duration of any temporary educational permit issued pursuant to the Pharmacy Practice Act shall be determined by the department but in no case shall it be in excess of one year. The permit may be renewed from time to time at the discretion of the department but in no case sha…
Neb. Rev. Stat. § 38-2860 Temporary educational permit.
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The department, with the recommendation of the board, may issue to all qualified graduates of accredited colleges of pharmacy, who are eligible for the examination provided for in section 38-2851, and who make application for such examination, a temporary educational permit. Such…
Neb. Rev. Stat. § 38-2861 Temporary educational permit; serve in approved program; application; contents.
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Before granting any temporary educational permit, the department shall ascertain by evidence satisfactory to the department, with the recommendation of the board, that an accredited hospital or clinic or an accredited school or college of pharmacy in the State of Nebraska has req…
Neb. Rev. Stat. § 38-2862 Temporary educational permit; recommendation for issuance; by whom.
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The recommendation of the board to the department for the issuance of any temporary educational permits shall be made at regular meetings of the board, but the chairperson or one other member of the board, as specifically selected by the members of the board, and its executive se…
Neb. Rev. Stat. § 38-2863 Temporary educational permit; fee.
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The recipient of a temporary educational permit shall pay the required fee.
Neb. Rev. Stat. § 38-2864 Temporary educational permit; disciplinary actions; appeal.
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Any temporary educational permit granted under the authority of the Pharmacy Practice Act may be suspended, limited, or revoked by the department, with the recommendation of the board, at any time upon a finding that the reasons for issuing such permit no longer exist or that the…
Neb. Rev. Stat. § 38-2865 Holder; temporary educational permit; receive license; when.
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The holder of a temporary educational permit shall not be entitled to a pharmacist license in the State of Nebraska unless and until such individual meets all of the requirements of law for issuing such pharmacist license.
Neb. Rev. Stat. § 38-2866 Pharmacist; powers.
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Unless specifically limited by the board or the department, a pharmacist may (1) engage in the practice of pharmacy and telepharmacy, (2) use automation in the practice of pharmacy and telepharmacy, (3) use the abbreviation R.P., RP, R.Ph., or RPh or the title licensed pharmacist…
Neb. Rev. Stat. § 38-2866.01 Pharmacist; supervision of pharmacy technicians and pharmacist interns.
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(1) A pharmacist may supervise any combination of pharmacy technicians and pharmacist interns at any time up to a total of four people. (2) A pharmacist intern shall be supervised at all times while performing the functions of a pharmacist intern which may include all aspects of …
Neb. Rev. Stat. § 38-2867 Pharmacy; scope of practice; prohibited acts; violation; penalty.
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(1) Except as provided for pharmacy technicians in sections 38-2890 to 38-2897, for persons described in subdivision (10) or (11) of section 38-2850, and for individuals authorized to dispense under a delegated dispensing permit, no person other than a licensed pharmacist, a phar…
Neb. Rev. Stat. § 38-2867.01 Authority to compound; standards; labeling; prohibited acts.
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(1) Any person authorized to compound shall compound in compliance with the standards of chapters 795 and 797 of The United States Pharmacopeia and The National Formulary, as such chapters existed on January 1, 2023, and shall compound (a) as the result of a practitioner's medica…
Neb. Rev. Stat. § 38-2867.02 Pharmacist in charge of hospital pharmacy; duties.
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(1) Beginning January 1, 2017, the pharmacist in charge of a hospital pharmacy shall develop and implement policies and procedures to ensure that a pharmacist reviews all medical orders prior to the first dose being administered to a patient in the hospital. The policies and proc…
Neb. Rev. Stat. § 38-2867.03 Pharmacist; practice agreement; notice; contents; form; pharmacist intern participation.
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(1) A pharmacist may enter into a practice agreement as provided in this section with (a) a licensed health care practitioner authorized to prescribe independently or (b) a physician assistant under a collaborative agreement pursuant to section 38-2055 to provide pharmaceutical c…
Neb. Rev. Stat. § 38-2868 Pharmacist; patient information; privileged.
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(1) Information with regard to a patient maintained by a pharmacist pursuant to the Pharmacy Practice Act shall be privileged and confidential and may be released only to (a) the patient or the caregiver of the patient or others authorized by the patient or his or her legal repre…
Neb. Rev. Stat. § 38-2869 Prospective drug utilization review; counseling; requirements.
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(1)(a) Prior to the dispensing or the delivery of a drug or device pursuant to a medical order to a patient or caregiver, a pharmacist shall in all care settings conduct a prospective drug utilization review. Such prospective drug utilization review shall involve monitoring the p…
Neb. Rev. Stat. § 38-2870 Prescriptions for controlled substances; requirements; medical order; duration; dispensing; transmission.
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(1) Beginning January 1, 2022, prescriptions for controlled substances listed in section 28-405 shall be subject to section 38-1,146, except that all such prescriptions issued by a practitioner who is a dentist shall be subject to section 38-1,146 beginning January 1, 2024. (2) A…
Neb. Rev. Stat. § 38-2871 Prescription information; transfer; requirements.
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(1) Original prescription information for any controlled substances listed in Schedule III, IV, or V of section 28-405 and other prescription drugs or devices not listed in section 28-405 may be transferred between pharmacies for the purpose of refill dispensing as set forth in t…
Neb. Rev. Stat. § 38-2872 Delegated dispensing agreements; authorized.
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A pharmacist may delegate certain specified dispensing tasks and functions under specified conditions and limitations to another person by entering into a delegated dispensing agreement which serves as the basis for a delegated dispensing permit. A delegated dispensing agreement …
Neb. Rev. Stat. § 38-2873 Delegated dispensing permit; requirements.
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(1) Any person who has entered into a delegated dispensing agreement pursuant to section 38-2872 may apply to the department for a delegated dispensing permit. An applicant shall apply at least thirty days prior to the anticipated date for commencing delegated dispensing activiti…
Neb. Rev. Stat. § 38-2874 Delegated dispensing site; inspection; requirements; fees.
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(1) Before a delegated dispensing permit may be issued by the department, with the recommendation of the board, a pharmacy inspector of the board shall conduct an onsite inspection of the delegated dispensing site. A hospital applying for a delegated dispensing permit shall not b…
Neb. Rev. Stat. § 38-2875 Delegated dispensing permit; complaint; investigation; costs.
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If a complaint is filed against a delegated dispensing permittee or any staff member, volunteer, or consultant in association with work performed under a delegated dispensing permit and if the complaint is found to be valid, the cost of investigating the complaint and any followu…
Neb. Rev. Stat. § 38-2876 Delegated dispensing permit; disciplinary actions.
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The department, with the recommendation of the board, may deny an application for a delegated dispensing permit, revoke, limit, or suspend a delegated dispensing permit, or refuse renewal of a delegated dispensing permit for a violation of section 38-178 or 38-179 or for any viol…
Neb. Rev. Stat. § 38-2877 Delegated dispensing permit; denial or disciplinary actions; notice; hearing; procedure.
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(1) If the department, with the recommendation of the board, determines to deny an application for a delegated dispensing permit or to revoke, limit, suspend, or refuse renewal of a delegated dispensing permit, the department shall send to the applicant or permittee, by certified…
Neb. Rev. Stat. § 38-2878 Delegated dispensing permit; orders authorized; civil penalty.
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(1) Upon the completion of any hearing pursuant to section 38-2877, the director shall have the authority through entry of an order to exercise in his or her discretion any or all of the following powers: (a) Issue a censure against the permittee; (b) Place the permittee on proba…
Neb. Rev. Stat. § 38-2879 Delegated dispensing permit; revocation or suspension; procedure; appeal.
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(1) A petition for the revocation or suspension of a delegated dispensing permit may be filed by the Attorney General or by the county attorney in the county in which the permittee resides or is dispensing pursuant to a delegated dispensing permit. The petition shall be filed wit…
Neb. Rev. Stat. § 38-2880 Delegated dispensing permit; criminal charges; when.
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When appropriate, the Attorney General, with the recommendation of the board, shall initiate criminal charges against pharmacists or other persons who knowingly permit individuals dispensing pursuant to a delegated dispensing permit to perform professional duties which require th…
Neb. Rev. Stat. § 38-2881 Delegated dispensing permit; formularies.
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(1) With the recommendation of the board, the director shall approve a formulary to be used by individuals dispensing pursuant to a delegated dispensing permit. A formulary shall consist of a list of drugs or devices appropriate to delegated dispensing activities authorized by th…
Neb. Rev. Stat. § 38-2882 Delegated dispensing permit; delegating pharmacist; duties.
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(1) Each delegated dispensing permittee shall have an actively practicing Nebraska-licensed pharmacist listed as the delegating pharmacist in the delegated dispensing agreement. The delegating pharmacist shall be responsible for all activities set forth in his or her delegated di…
Neb. Rev. Stat. § 38-2883 Delegated dispensing permit; liability; when.
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The delegating pharmacist or the on-call pharmacist shall not be held liable for acts or omissions on the part of an individual dispensing pursuant to the delegated dispensing permit.
Neb. Rev. Stat. § 38-2884 Delegated dispensing permit; public health clinic; dispensing requirements.
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Under a delegated dispensing permit for a public health clinic, approved formulary drugs and devices may be dispensed by a public health clinic worker or a health care professional licensed in Nebraska to practice medicine and surgery or licensed in Nebraska as a registered nurse…
Neb. Rev. Stat. § 38-2885 Delegated dispensing permit; worker; qualifications.
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No person shall act as a public health clinic worker in a public health clinic or as a dialysis drug or device distributor worker for a dialysis drug or device distributor unless the person: (1) Is at least eighteen years of age; (2) Has earned a high school diploma or the equiva…
Neb. Rev. Stat. § 38-2886 Delegated dispensing permit; workers; training; requirements; documentation.
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(1) A delegating pharmacist shall conduct the training of public health clinic workers. The training shall be approved in advance by the board. (2) A delegating pharmacist shall conduct training of dialysis drug or device distributor workers. The training shall be based upon the …
Neb. Rev. Stat. § 38-2887 Delegated dispensing permit; worker; proficiency demonstration; supervision; liability.
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(1) A public health clinic worker or dialysis drug or device distributor worker shall demonstrate proficiency to the delegating pharmacist, according to the standards approved by the board. The delegating pharmacist shall document proficiency for each worker. In addition, a publi…
Neb. Rev. Stat. § 38-2888 Delegated dispensing permit; licensed health care professionals; training required.
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A delegating pharmacist shall conduct the training of all licensed health care professionals specified in subdivision (1) of section 38-2884 and who are dispensing pursuant to the delegated dispensing permit of a public health clinic. The training shall be approved in advance by …
Neb. Rev. Stat. § 38-2889 Delegated dispensing permit; advisory committees; authorized.
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The board may appoint formulary advisory committees as deemed necessary for the determination of formularies for delegated dispensing permittees.
Neb. Rev. Stat. § 38-2890 Pharmacy technicians; registration; requirements; certification.
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(1) All pharmacy technicians employed by a health care facility licensed under the Health Care Facility Licensure Act shall be registered with the Pharmacy Technician Registry created in section 38-2893. In order to be employed as a pharmacy technician in such a health care facil…
Neb. Rev. Stat. § 38-2891 Pharmacy technicians; authorized functions and tasks.
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(1) A pharmacy technician shall only perform tasks which do not require the professional judgment of a pharmacist and which are subject to verification to assist a pharmacist in the practice of pharmacy. (2) A pharmacy technician may administer vaccines, and such administration s…
Neb. Rev. Stat. § 38-2891.01 Pharmacy technician; validate acts, tasks, and functions of pharmacy technician; policies and procedures.
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(1) A pharmacy technician may validate the acts, tasks, and functions of another pharmacy technician only if: (a) Both pharmacy technicians are certified by a state or national certifying body which is approved by the board; (b) Both certified pharmacy technicians are working wit…
Neb. Rev. Stat. § 38-2892 Pharmacy technicians; responsibility for supervision and performance.
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(1) The pharmacist in charge of a pharmacy, remote dispensing pharmacy, or hospital pharmacy employing pharmacy technicians shall be responsible for the supervision and performance of the pharmacy technicians. (2) Except as otherwise provided in the Automated Medication Systems A…
Neb. Rev. Stat. § 38-2893 Pharmacy Technician Registry; created; contents.
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(1) The Pharmacy Technician Registry is created. The department shall list each pharmacy technician registration in the registry. A listing in the registry shall be valid for the term of the registration and upon renewal unless such listing is refused renewal or is removed as pro…
Neb. Rev. Stat. § 38-2894 Pharmacy technician; registration; disciplinary measures; procedure; Licensee Assistance Program; participation.
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(1) A registration to practice as a pharmacy technician may be denied, refused renewal, removed, or suspended or have other disciplinary measures taken against it by the department, with the recommendation of the board, for failure to meet the requirements of or for violation of …
Neb. Rev. Stat. § 38-2895 Pharmacy technician; discipline against supervising pharmacist; enforcement orders.
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(1) If a pharmacy technician performs functions requiring professional judgment and licensure as a pharmacist or performs functions without supervision and verification and such acts are known to the pharmacist supervising the pharmacy technician or the pharmacist in charge or ar…
Neb. Rev. Stat. § 38-2896 Pharmacy technician; reapplication for registration; lifting of disciplinary sanction.
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A person whose registration has been denied, refused renewal, removed, or suspended from the Pharmacy Technician Registry may reapply for registration or for lifting of the disciplinary sanction at any time in accordance with the rules and regulations adopted and promulgated by t…
Neb. Rev. Stat. § 38-2897 Duty to report impaired practitioner; immunity.
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(1) The requirement to file a report under subsection (1) of section 38-1,125 shall not apply to pharmacist interns or pharmacy technicians, except that a pharmacy technician shall, within thirty days after having first-hand knowledge of facts giving him or her reason to believe …
Neb. Rev. Stat. § 38-2898 Fees.
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The department shall establish and collect fees for credentialing under the Pharmacy Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-2899 Rules and regulations.
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The department, with the recommendation of the board, shall adopt and promulgate rules and regulations as deemed necessary to implement the Mail Service Pharmacy Licensure Act, the Pharmacy Practice Act, and the Uniform Controlled Substances Act. The minimum standards and require…
Neb. Rev. Stat. § 38-2901 Act, how cited.
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Sections 38-2901 to 38-2929 shall be known and may be cited as the Physical Therapy Practice Act.
Neb. Rev. Stat. § 38-2902 Purpose of act.
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The purpose of the Physical Therapy Practice Act is to update and recodify statutes relating to the practice of physical therapy. Nothing in the act shall be construed to expand the scope of practice of physical therapy as it existed prior to July 14, 2006.
Neb. Rev. Stat. § 38-2903 Definitions, where found.
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For purposes of the Physical Therapy Practice Act, the definitions found in sections 38-2904 to 38-2918 apply.
Neb. Rev. Stat. § 38-2904 Approved educational program, defined.
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Approved educational program means a program for the education and training of physical therapists and physical therapist assistants approved by the board pursuant to section 38-2926.