Chapter 71 — PUBLIC HEALTH AND WELFARE

3,329 sections in this chapter.

3,329 sectionsFiltered byCh 71

Neb. Rev. Stat. § 71-7427 Act, how cited.
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Sections 71-7427 to 71-7463 shall be known and may be cited as the Wholesale Drug Distributor Licensing Act.
Neb. Rev. Stat. § 71-7428 Definitions, where found.
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For purposes of the Wholesale Drug Distributor Licensing Act, the definitions found in sections 71-7429 to 71-7446 apply.
Neb. Rev. Stat. § 71-7429 Blood, defined.
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Blood means whole blood collected from a single donor and processed either for transfusion or further manufacturing.
Neb. Rev. Stat. § 71-7430 Blood component, defined.
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Blood component means that part of blood separated by physical or mechanical means.
Neb. Rev. Stat. § 71-7431 Board, defined.
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Board means the Board of Pharmacy.
Neb. Rev. Stat. § 71-7432 Chain pharmacy warehouse, defined.
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Chain pharmacy warehouse means a facility utilized as a central warehouse for intracompany sales or transfers of prescription drugs or devices by two or more pharmacies operating under common ownership or common control.
Neb. Rev. Stat. § 71-7433 Common control, defined.
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Common control means that the power to direct or cause the direction of the management and policies of a person or an organization by ownership of stock or voting rights, by contract, or otherwise is held by the same person or persons.
Neb. Rev. Stat. § 71-7434 Department, defined.
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Department means the Department of Health and Human Services.
Neb. Rev. Stat. § 71-7435 Drug sample, defined.
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Drug sample means a unit of a prescription drug intended to promote the sale of the drug and not intended to be sold.
Neb. Rev. Stat. § 71-7436 Emergency medical reasons, defined.
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(1) Emergency medical reasons means the alleviation of a temporary shortage by transfers of prescription drugs between any of the following: (a) Holders of pharmacy licenses, (b) health care practitioner facilities as defined in section 71-414, (c) hospitals as defined in section…
Neb. Rev. Stat. § 71-7437 Facility, defined.
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Facility means a physical structure utilized by a wholesale drug distributor for the storage, handling, or repackaging of prescription drugs or the offering of prescription drugs for sale.
Neb. Rev. Stat. § 71-7438 Manufacturer, defined.
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Manufacturer means any entity engaged in manufacturing, preparing, propagating, processing, packaging, repackaging, or labeling a prescription drug.
Neb. Rev. Stat. § 71-7439 Normal distribution chain, defined.
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(1) Normal distribution chain means the transfer of a prescription drug or the co-licensed product of the original manufacturer of the finished form of a prescription drug along a chain of custody directly from the manufacturer or co-licensee of such drug to a patient or ultimate…
Neb. Rev. Stat. § 71-7440 Pedigree, defined.
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Pedigree means a written or electronic documentation of every transfer of a prescription drug as provided in sections 71-7455 and 71-7456.
Neb. Rev. Stat. § 71-7441 Prescription drug, defined.
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Prescription drug means any human drug required by federal law or regulation to be dispensed only by prescription, including finished dosage forms and active ingredients subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act, as such section existed on August 1, 20…
Neb. Rev. Stat. § 71-7442 Repackage, defined.
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Repackage means repackaging or otherwise changing the container, wrapper, or labeling of a prescription drug to facilitate the wholesale distribution of such drug.
Neb. Rev. Stat. § 71-7443 Repackager, defined.
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Repackager means a person who repackages.
Neb. Rev. Stat. § 71-7444 Wholesale drug distribution, defined.
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(1) Wholesale drug distribution means the distribution of prescription drugs to a person other than a consumer or patient. (2) Wholesale drug distribution does not include: (a) Intracompany sales of prescription drugs, including any transaction or transfer between any division, s…
Neb. Rev. Stat. § 71-7445 Wholesale drug distributor, defined.
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(1) Wholesale drug distributor means any person or entity engaged in wholesale drug distribution in this state, including manufacturers, repackagers, own-label distributors, jobbers, private-label distributors, brokers, warehouses including manufacturer and distributor warehouses…
Neb. Rev. Stat. § 71-7446 Wholesale medical gas distributor, defined.
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Wholesale medical gas distributor means any person engaged in the wholesale drug distribution of medical gases provided to suppliers or other entities licensed or otherwise authorized to use, administer, or distribute such gases.
Neb. Rev. Stat. § 71-7447 Wholesale drug distributor; licenses; requirements; exemptions.
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(1) No person or entity may act as a wholesale drug distributor in this state without first obtaining a wholesale drug distributor license from the department. The department shall issue a license to any applicant that satisfies the requirements for licensure under the Wholesale …
Neb. Rev. Stat. § 71-7448 License; application; contents; examination; criminal history record information check; waiver.
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(1) Every applicant for an initial or renewal license as a wholesale drug distributor shall file a written application with the department. The application shall be accompanied by the fee established by the department under section 71-7450 and proof of bond or other security requ…
Neb. Rev. Stat. § 71-7449 Designated representative; information required.
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Each designated representative named under subdivision (1)(e) of section 71-7448 shall provide the following information prior to the issuance of an initial or renewal license under such section: (1) The designated representative's places of residence for the immediately precedin…
Neb. Rev. Stat. § 71-7450 Fees.
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(1) Licensure activities under the Wholesale Drug Distributor Licensing Act shall be funded by license fees. An applicant for an initial or renewal license under the act shall pay a license fee as provided in this section. (2) License fees shall include (a) a base fee of fifty do…
Neb. Rev. Stat. § 71-7451 License; term; renewal.
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A wholesale drug distributor license shall expire on July 1 of each year and may be renewed. The license shall not be transferable. The department shall mail an application for renewal to each licensee not later than June 1 of each year. If an application for renewal is received …
Neb. Rev. Stat. § 71-7452 Bond or other security.
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An applicant for an initial or renewal license as a wholesale drug distributor shall submit to the department proof of a bond of not less than one hundred thousand dollars or other equivalent means of security acceptable to the department. The bond or other security shall be give…
Neb. Rev. Stat. § 71-7453 Department; inspections; procedures; fees.
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(1) Each wholesale drug distributor doing business in this state shall be inspected by the department or a nationally recognized accreditation program that is approved by the board and that is acting on behalf of the department prior to the issuance of an initial or renewal licen…
Neb. Rev. Stat. § 71-7454 Prescription drugs; restrictions on transfer; exceptions.
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(1) No wholesale drug distributor, manufacturer, or pharmacy shall knowingly purchase or receive any prescription drug from any source other than a person or entity licensed under the Wholesale Drug Distributor Licensing Act except transfers for emergency medical reasons and exce…
Neb. Rev. Stat. § 71-7455 Records; pedigree; requirements; state of emergency; prescription drugs and supplies; department; powers.
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(1) A wholesale drug distributor engaged in the wholesale distribution of prescription drugs in this state shall establish and maintain accurate records of all transactions regarding the receipt and distribution or other disposition of prescription drugs as provided in this secti…
Neb. Rev. Stat. § 71-7456 Pedigree; contents.
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(1) The pedigree required under section 71-7455 shall include all necessary identifying information concerning each sale or other transfer in the chain of distribution of the prescription drug from the manufacturer, through acquisition and sale by any wholesale drug distributor o…
Neb. Rev. Stat. § 71-7457 License; denied, refused renewal, suspended, limited, or revoked; grounds.
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(1) A wholesale drug distributor license may be denied, refused renewal, suspended, limited, or revoked by the department when the department finds that the applicant or licensee has violated any provisions of the Wholesale Drug Distributor Licensing Act or of the rules and regul…
Neb. Rev. Stat. § 71-7458 Enforcement of act.
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The department, the Attorney General, or any county attorney may institute an action in the name of the state for an injunction or other process against any person to restrain or prevent any violation of the Wholesale Drug Distributor Licensing Act or any rules and regulations ad…
Neb. Rev. Stat. § 71-7459 Department; fines; when.
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(1) The department, upon issuance of a final disciplinary action against a person who violates any provision of section 71-7454, shall assess a fine of one thousand dollars against such person. For each subsequent final disciplinary action for violation of such section issued by …
Neb. Rev. Stat. § 71-7460 Order to cease distribution.
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(1) If the department finds there is a reasonable probability that (a) a wholesale drug distributor has falsified a pedigree or has sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use and (b) such drug …
Neb. Rev. Stat. § 71-7460.01 Reporting and investigation duties.
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Every wholesale drug distributor licensed under the Wholesale Drug Distributor Licensing Act shall be subject to and comply with sections 38-1,124 to 38-1,126 relating to reporting and investigations.
Neb. Rev. Stat. § 71-7460.02 Health care facility; peer review organization, or professional association; duty to report; confidentiality; immunity; failure to report; civil penalty.
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(1) A health care facility licensed under the Health Care Facility Licensure Act or a peer review organization or professional association relating to a profession regulated under the Wholesale Drug Distributor Licensing Act shall report to the department, on a form and in the ma…
Neb. Rev. Stat. § 71-7460.03 Insurer; duty to report; contents.
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(1) Unless such knowledge or information is based on confidential medical records protected by the confidentiality provisions of the federal Public Health Services Act, 42 U.S.C. 290dd-2, and federal administrative rules and regulations, as such act and rules and regulations exis…
Neb. Rev. Stat. § 71-7460.04 Clerk of county or district court; duty to report conviction or judgment; Attorney General or city or county prosecutor; provide information.
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The clerk of any county or district court in this state shall report to the department the conviction of any person licensed by the department under the Wholesale Drug Distributor Licensing Act of any felony or of any misdemeanor involving the use, sale, distribution, administrat…
Neb. Rev. Stat. § 71-7461 Unlawful acts.
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It is unlawful for any person to commit or to permit, cause, aid, or abet the commission of any of the following acts in this state: (1) Any violation of the Wholesale Drug Distributor Licensing Act or rules and regulations adopted and promulgated under the act; (2) Providing the…
Neb. Rev. Stat. § 71-7462 Violations; penalty.
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Any person who knowingly and intentionally engages in wholesale drug distribution in this state in violation of the Wholesale Drug Distributor Licensing Act is guilty of a Class III felony.
Neb. Rev. Stat. § 71-7463 Rules and regulations.
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The department, upon the recommendation of the board, shall adopt and promulgate rules and regulations to carry out the Wholesale Drug Distributor Licensing Act.
Repealed. Laws 2001, LB 209, § 36.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 1, § 3; Laws 2001, LB 209, § 36.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 1, § 3; Laws 2001, LB 209, § 36.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 209, § 36.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 209, § 36.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 209, § 36.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 209, § 36.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 209, § 36.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 209, § 36.
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[Repealed or reserved.]