Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Neb. Rev. Stat. § 71-2439 Immunosuppressant drug donation.
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Any person or entity, including, but not limited to, an immunosuppressant drug manufacturer or transplant center, may donate immunosuppressant drugs to a participant or return previously prescribed immunosuppressant drugs to the transplant center where they were originally prescr…
Neb. Rev. Stat. § 71-244 License granted under reciprocal agreement; when.
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The Board of Barber Examiners shall, upon presentation of a certification of licensure to practice barbering as a registered barber or instructor by the duly constituted authority of another state or country, with which this state has established reciprocal relations as authorize…
Neb. Rev. Stat. § 71-2440 Immunosuppressant drug; accepted or dispensed; conditions.
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(1) An immunosuppressant drug shall only be accepted or dispensed under the program if such drug is in its original, unopened, sealed, and tamper-evident packaging. An immunosuppressant drug packaged in single unit doses may be accepted and dispensed if the outside packaging is o…
Neb. Rev. Stat. § 71-2441 Participant; duties; resale prohibited.
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(1) A participant shall comply with all applicable provisions of state and federal law relating to the storage, distribution, and dispensing of donated immunosuppressant drugs and shall inspect all such drugs prior to dispensing to determine if the drugs are adulterated or misbra…
Neb. Rev. Stat. § 71-2442 Rules and regulations.
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The department, upon the recommendation of the Board of Pharmacy, shall adopt and promulgate rules and regulations to carry out the Immunosuppressant Drug Repository Program Act. Such rules and regulations shall include, but not be limited to: (1) Eligibility criteria and other s…
Neb. Rev. Stat. § 71-2443 Immunity.
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(1) Any person or entity, including an immunosuppressant drug manufacturer, which exercises reasonable care in donating, accepting, distributing, or dispensing immunosuppressant drugs under the Immunosuppressant Drug Repository Program Act or rules and regulations adopted and pro…
Neb. Rev. Stat. § 71-2444 Automated Medication Systems Act, how cited.
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Sections 71-2444 to 71-2452 shall be known and may be cited as the Automated Medication Systems Act.
Neb. Rev. Stat. § 71-2445 Terms, defined.
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For purposes of the Automated Medication Systems Act: (1) Automated medication distribution machine means a type of automated medication system that stores medication to be administered to a patient by a person credentialed under the Uniform Credentialing Act; (2) Automated medic…
Neb. Rev. Stat. § 71-2446 Automated machine prohibited.
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Any automated machine that dispenses, delivers, or makes available, other than by administration, prescription medication directly to a patient or caregiver without the provision of pharmacist care is prohibited.
Neb. Rev. Stat. § 71-2447 Health care facility; use of automated medication system or automated pickup kiosk; policies and procedures required.
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Any health care facility authorized to use an automated medication system or an automated pickup kiosk shall develop, maintain, and comply with policies and procedures developed in consultation with the pharmacist responsible for pharmacist care for that facility. At a minimum, t…
Neb. Rev. Stat. § 71-2447.01 Automated pickup kiosk; license; required; procedure; use; pharmacist in charge; duties; applicability of section.
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(1) In order for an automated pickup kiosk to be operated by, or under the authority of, a pharmacy located in Nebraska and licensed under the Health Care Facility Licensure Act, the pharmacist in charge of the licensed pharmacy shall annually license the automated pickup kiosk. …
Neb. Rev. Stat. § 71-2448 Prescription medication distribution machine; requirements; location.
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A prescription medication distribution machine: (1) Is subject to the requirements of section 71-2447 and, if it is in a long-term care automated pharmacy, is subject to section 71-2451; and (2) May be operated only (a) in a licensed pharmacy where a pharmacist dispenses medicati…
Neb. Rev. Stat. § 71-2449 Automated medication distribution machine; requirements; drugs; limitations; inventory; how treated.
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(1) An automated medication distribution machine: (a) Is subject to the requirements of section 71-2447 and, if it is in a long-term care automated pharmacy, is subject to section 71-2451; and (b) Subject to section 71-2451, may be operated or used in a hospital, long-term care f…
Neb. Rev. Stat. § 71-245 Reciprocal license; provisions applicable.
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The provisions of the Barber Act, relating to applications, transmittal of the names of eligible candidates, certification of successful applicants, and issuance of licenses thereto, in the case of regular examinations, apply as far as applicable to applicants for a reciprocal li…
Neb. Rev. Stat. § 71-2450 Pharmacist providing pharmacist remote order entry; requirements.
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A pharmacist providing pharmacist remote order entry shall: (1) Be located within the United States; (2) Maintain adequate security and privacy in accordance with state and federal laws, rules, and regulations; (3) Be linked to one or more hospitals, long-term care facilities, or…
Neb. Rev. Stat. § 71-2451 Long-term care facility; annual license; application; contents; inspection; pharmacist; duties; dispensing of drugs; labeling requirements; assisted-living facility; permitted use, when.
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(1) In order for an automated medication system to be operated in a long-term care facility, a pharmacist in charge of a pharmacy licensed under the Health Care Facility Licensure Act and located in Nebraska shall annually license the long-term care automated pharmacy in which th…
Neb. Rev. Stat. § 71-2451.01 Management of long-term care facility; prohibited acts.
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Unless otherwise allowed by state or federal law or regulation, the management of a long-term care facility at which an automated medication system is located shall not require a resident of the facility to obtain medication through the automated medication system and shall not r…
Neb. Rev. Stat. § 71-2452 Violations; disciplinary action.
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Any person who violates the Automated Medication Systems Act may be subject to disciplinary action by the Division of Public Health of the Department of Health and Human Services under the Health Care Facility Licensure Act or the Uniform Credentialing Act.
Neb. Rev. Stat. § 71-2453 Department of Correctional Services facilities, detention facilities, or jails; prescription drug or device; return for credit or relabeling and redispensing; requirements; liability; professional disciplinary action.
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(1) Prescription drugs or devices which have been dispensed pursuant to a valid prescription and delivered to a Department of Correctional Services facility, a criminal detention facility, a juvenile detention facility, or a jail for administration to a prisoner or detainee held …
Neb. Rev. Stat. § 71-2454 Prescription drug monitoring; system established; provisions included; not public records.
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(1) An entity described in section 71-2455 shall establish a system of prescription drug monitoring for the purposes of (a) preventing the misuse of controlled substances that are prescribed, (b) allowing prescribers and dispensers to monitor the care and treatment of patients fo…
Repealed. Laws 2026, LB905, § 69.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-2455 Prescription drug monitoring; Department of Health and Human Services; powers and duties; Health Information Technology Board; administration.
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Subject to sections 81-6,127 and 81-6,128, the Department of Health and Human Services, in collaboration with the Nebraska Health Information Initiative or any successor public-private statewide health information exchange, shall enhance or establish technology for prescription d…
Neb. Rev. Stat. § 71-2456 Prescription Drug Monitoring Program Fund; created; investment.
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The Prescription Drug Monitoring Program Fund is created. The Department of Health and Human Services shall administer the fund which shall include any state funds, grants, or gifts received by the department for the purposes of carrying out the purposes of sections 71-2454 and 7…
Neb. Rev. Stat. § 71-2457 Prescription Drug Safety Act; act, how cited.
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Sections 71-2457 to 71-2483 shall be known and may be cited as the Prescription Drug Safety Act.
Neb. Rev. Stat. § 71-2458 Definitions, where found.
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For purposes of the Prescription Drug Safety Act, the definitions found in sections 71-2459 to 71-2476 apply.
Neb. Rev. Stat. § 71-2459 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. § 71-246 Reciprocal requirements and disabilities; applicable; when.
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When the laws or the rules of the authorities of a state or country place any requirement or disability upon any person holding a diploma or certificate from any school or college of barbering in this state in which barbering is taught, which affects the right of such person to b…
Neb. Rev. Stat. § 71-2460 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. § 71-2461 Adulterated drug, defined.
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Adulterated drug means an article (1) if, when a drug is sold under or by the name recognized in The United States Pharmacopeia and The National Formulary, it differs from the standard of strength, quality, or purity as determined by the test laid down in The United States Pharma…
Neb. Rev. Stat. § 71-2461.01 Central fill, defined; central fill pharmacy; delivery authorized.
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(1) Central fill means the preparation, other than by compounding, of a drug, device, or biological pursuant to a medical order where the preparation occurs in a pharmacy other than the pharmacy dispensing to the patient or caregiver as defined in section 38-2809. (2) If the disp…
Neb. Rev. Stat. § 71-2462 Chart order, defined.
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Chart order has the definition found in section 38-2810.
Neb. Rev. Stat. § 71-2463 Compounding, defined.
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Compounding means the preparation of components into a drug product.
Neb. Rev. Stat. § 71-2464 Controlled substance, defined.
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Controlled substance has the definition found in section 28-401.
Neb. Rev. Stat. § 71-2465 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 as defined in section 38-2809 in a suitable container appropriately labeled for subsequent administration to,…
Neb. Rev. Stat. § 71-2466 Distribute, defined.
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Distribute means to deliver a drug or device, other than by administering or dispensing.
Neb. Rev. Stat. § 71-2467 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. § 71-2468 Labeling, defined.
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Labeling means the process of preparing and affixing a label to any drug container or device container, exclusive of the labeling by a manufacturer, packager, or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all…
Neb. Rev. Stat. § 71-2469 Medical order, defined.
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Medical order means a prescription, a chart order, or an order for pharmaceutical care issued by a practitioner.
Neb. Rev. Stat. § 71-247 Reciprocity; board; establish rules.
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The Board of Barber Examiners shall have the power to establish the necessary rules for carrying out the reciprocal relations with other states or countries which are authorized by sections 71-238 to 71-246.
Neb. Rev. Stat. § 71-2470 Misbranded drug, defined.
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(1) Misbranded drug means a drug, the package or label of which bears any statement, design, or device regarding a drug, or the ingredients of substances contained therein, which is false or misleading in any particular, or any drug product which is falsely labeled with the name …
Neb. Rev. Stat. § 71-2471 Pharmacist, defined.
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Pharmacist means any person who is licensed by the State of Nebraska to practice pharmacy as defined in section 38-2837.
Neb. Rev. Stat. § 71-2472 Pharmacy, defined.
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Pharmacy has the same meaning as in section 71-425.
Neb. Rev. Stat. § 71-2473 Practitioner, defined.
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Practitioner means a certified registered nurse anesthetist, a certified nurse midwife, a dentist, an optometrist, a nurse practitioner, a pharmacist, a physician assistant, a physician, or a podiatrist credentialed under the Uniform Credentialing Act.
Neb. Rev. Stat. § 71-2474 Prescribe, defined.
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Prescribe means to issue a medical order.
Neb. Rev. Stat. § 71-2475 Prescription, defined.
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Prescription means an order for a drug or device issued by a practitioner for a specific patient, for emergency use, or for use in immunizations. Prescription does not include a chart order.
Neb. Rev. Stat. § 71-2476 Prescription drug or device or legend drug or device, defined.
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(1) Prescription drug or device or legend drug or device means a drug or device: (a) Which is required under federal law to be labeled with one of the following statements prior to being dispensed or delivered: (i) Caution: Federal law prohibits dispensing without prescription; (…
Neb. Rev. Stat. § 71-2477 Act; how construed; practitioner; duties; compound or reconstitute drug; duties.
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(1) Nothing in the Prescription Drug Safety Act shall be construed as authority for a practitioner to perform any activity he or she is not otherwise authorized to perform by another law of this state. (2) A practitioner that stores, dispenses, compounds, administers, or otherwis…
Neb. Rev. Stat. § 71-2478 Legend drug not a controlled substance; written, oral, or electronic prescription; information required; controlled substance; requirements; pharmacist; authority to adapt prescription; duties; prohibited acts.
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(1) Except as otherwise provided in this section or the Uniform Controlled Substances Act or except when administered directly by a practitioner to an ultimate user, a legend drug which is not a controlled substance shall not be dispensed without a written, oral, or electronic pr…
Neb. Rev. Stat. § 71-2479 Legend drug not a controlled substance; prescription; retention; label; contents.
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(1) Any prescription for a legend drug which is not a controlled substance shall be kept by the pharmacy or the practitioner who holds a pharmacy license in a readily retrievable format and shall be maintained for a minimum of five years. The pharmacy or practitioner shall make a…
Neb. Rev. Stat. § 71-248 Licensee; change of residence; certified statement.
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Any licensee who desires to change his or her residence to that of another state or country shall, upon application to the Board of Barber Examiners and payment of the legal fee, receive a certified statement that he or she is a duly licensed practitioner in this state.