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1,943 sections in this chapter.
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…
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.
Neb. Rev. Stat. § 71-2480 Drugs; adulteration or misbranding; confiscation; destruction or sale; proceeds; disposition.
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Any drug which is adulterated or misbranded and which is sold, offered for sale, or delivered within this state shall be liable to be proceeded against where the same is found and seized for confiscation by a process of libel for condemnation. If such drug is condemned as being a…
Neb. Rev. Stat. § 71-2481 Drugs; manufacture or possession of adulterated or misbranded drugs; sale prohibited.
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No person shall, within this state, manufacture for sale therein or have in his or her possession with intent to sell, offer or expose for sale, or sell any remedies, medicines, or drugs which are adulterated or misbranded.
Neb. Rev. Stat. § 71-2482 Drugs; violations; penalties.
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Any person violating any of the provisions of section 71-2478, 71-2480, or 71-2481 is guilty of a Class III misdemeanor. Any person, for a second or subsequent violation of any of the provisions of section 71-2480 or 71-2481, is guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 71-2483 Communication authorized.
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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. § 71-2485 Opioid Prevention and Treatment Act, how cited.
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Sections 71-2485 to 71-2495 shall be known and may be cited as the Opioid Prevention and Treatment Act.
Neb. Rev. Stat. § 71-2485.01 Terms, defined.
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For purposes of the Opioid Prevention and Treatment Act: (1) Division means the Division of Behavioral Health of the Department of Health and Human Services; (2) Local public health department means a local public health department as defined in section 71-1626; (3) Opiate or opi…
Neb. Rev. Stat. § 71-2486 Act, purpose.
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The purpose of the Opioid Prevention and Treatment Act is to provide for the use of dedicated revenue for opioid-disorder-related treatment, prevention, and remediation and research regarding opioid treatment, prevention, and remediation, in accordance with the terms of any verdi…
Neb. Rev. Stat. § 71-2487 Legislative findings.
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The Legislature finds that: (1) There is an opioid epidemic occurring in the United States, and Nebraska has been impacted; (2) The opioid epidemic in Nebraska is a serious public health crisis stemming from the rapid increase in the use of prescription and nonprescription opioid…
Neb. Rev. Stat. § 71-2488 Funds appropriated or distributed; not considered entitlement or state obligation; conditions on expenditures; conflict; verdict, judgment, compromise, or settlement prevails.
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(1) Any funds appropriated from the Opioid Prevention and Treatment Cash Fund or the Opioid Treatment Infrastructure Cash Fund or distributed from the Nebraska Opioid Recovery Trust Fund under the Opioid Prevention and Treatment Act shall not be considered ongoing entitlements or…
Neb. Rev. Stat. § 71-2489 Funds appropriated and distributed; reports on use.
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The regional behavioral health authorities and local public health departments shall report on or before November 1 of each even-numbered year to the division regarding the use of funds distributed for purposes of the Opioid Prevention and Treatment Act and the outcomes achieved …
Neb. Rev. Stat. § 71-249 Mobile barber shop; license; requirements.
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In order to be licensed as a mobile barber shop by the board, an applicant shall, in addition to the requirements of the Barber Act, meet, and present to the board evidence of meeting, the following requirements: (1) The proposed barber shop is a self-contained, self-supporting, …
Neb. Rev. Stat. § 71-2490 Nebraska Opioid Recovery Trust Fund; created; use; investment.
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(1) The Nebraska Opioid Recovery Trust Fund is created. The fund shall include all recoveries received on behalf of the state by the Department of Justice pursuant to the Consumer Protection Act or the Uniform Deceptive Trade Practices Act related to the advertising of opioids. T…
Neb. Rev. Stat. § 71-2491 Opioid Prevention and Treatment Cash Fund; created; use; investment.
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(1) The Opioid Prevention and Treatment Cash Fund is created. The fund shall consist of transfers from the Nebraska Opioid Recovery Trust Fund. No more than the amounts specified in this section may be appropriated or transferred from the Opioid Prevention and Treatment Cash Fund…
Neb. Rev. Stat. § 71-2492 Opioid Treatment Infrastructure Cash Fund; created; use; investment.
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(1) The Opioid Treatment Infrastructure Cash Fund is created. The fund shall consist of transfers from the Nebraska Opioid Recovery Trust Fund. (2) The division shall use the Opioid Treatment Infrastructure Cash Fund as appropriated by the Legislature for local and state public-p…
Neb. Rev. Stat. § 71-2493 Local public health department; aid; distribution; use; contracts authorized; report.
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(1) The division shall equitably distribute aid as appropriated by the Legislature to local public health departments: (a) To facilitate prevention efforts, including training on the use of overdose response, syringe access and education, and drug-checking products; (b) For educa…
Neb. Rev. Stat. § 71-2494 Regional behavioral health authority; aid; use; report.
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(1) Each regional behavioral health authority shall use funds received pursuant to the Opioid Prevention and Treatment Act for: (a) Opioid treatment and response; (b) Data tracking related to the opioid epidemic; (c) Supporting individual recovery and rehabilitation related to th…