Nebraska Statutes 38-2867. Pharmacy; scope of practice; prohibited acts; violation; penalty
(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 pharmacist intern, or a practitioner with a pharmacy license shall provide pharmaceutical care, compound and dispense drugs or devices, or dispense pursuant to a medical order. Notwithstanding any other provision of law to the contrary, a pharmacist or pharmacist intern may dispense drugs or devices pursuant to a medical order of a practitioner authorized to prescribe in another state if such practitioner could be authorized to prescribe such drugs or devices in this state.
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class III misdemeanor | up to 3 months | up to $500 |
Terms Used In Nebraska Statutes 38-2867
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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 certain dispensing functions authorized by the pharmacist or pharmacists under certain specified conditions and limitations. See Nebraska Statutes 38-2812
- Dispensing: includes (a) dispensing incident to practice, (b) dispensing pursuant to a delegated dispensing permit, (c) dispensing pursuant to a medical order, and (d) any transfer of a prescription drug or device to a patient or caregiver other than by administering. See Nebraska Statutes 38-2817
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Facility: means a health care facility as defined in section 71-413. See Nebraska Statutes 38-2822
- Medical order: means a prescription, a chart order, or an order for pharmaceutical care issued by a practitioner. See Nebraska Statutes 38-2828
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Pharmaceutical care: includes the process through which the pharmacist works in concert with the patient and his or her caregiver, physician, or other professionals in designing, implementing, and monitoring a therapeutic plan that will produce specific therapeutic outcomes for the patient. See Nebraska Statutes 38-2831
- Pharmacist: means any person who is licensed by the State of Nebraska to practice pharmacy. See Nebraska Statutes 38-2832
- Pharmacist intern: means a person who meets the requirements of section 38-2854. See Nebraska Statutes 38-2834
- Pharmacy technician: means an individual registered under sections 38-2890 to 38-2897. See Nebraska Statutes 38-2836
- Practitioner: means a certified registered nurse anesthetist, a certified nurse midwife, a dentist, an optometrist, a nurse practitioner, a physician assistant, a physician, a podiatrist, or a veterinarian. See Nebraska Statutes 38-2838
- Prescribe: means to issue a medical order. See Nebraska Statutes 38-2839
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) 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, it shall be unlawful for any person to permit or direct a person who is not a pharmacist intern, a licensed pharmacist, or a practitioner with a pharmacy license to provide pharmaceutical care, compound and dispense drugs or devices, or dispense pursuant to a medical order.
(3) It shall be unlawful for any person to coerce or attempt to coerce a pharmacist to enter into a delegated dispensing agreement or to supervise any pharmacy technician for any purpose or in any manner contrary to the professional judgment of the pharmacist. Violation of this subsection by a health care professional regulated pursuant to the Uniform Credentialing Act shall be considered an act of unprofessional conduct. A violation of this subsection by a facility shall be prima facie evidence in an action against the license of the facility pursuant to the Health Care Facility Licensure Act. Any pharmacist subjected to coercion or attempted coercion pursuant to this subsection has a cause of action against the person and may recover his or her damages and reasonable attorney‘s fees.
(4) Violation of this section by an unlicensed person shall be a Class III misdemeanor.
Source
- Laws 1927, c. 167, § 127, p. 493;
- C.S.1929, § 71-1808;
- R.S.1943, § 71-1,147;
- Laws 1961, c. 339, § 3, p. 1063;
- Laws 1971, LB 350, § 5;
- Laws 1983, LB 476, § 15;
- Laws 1993, LB 536, § 50;
- Laws 1994, LB 900, § 4;
- Laws 1996, LB 1108, § 16;
- Laws 1999, LB 594, § 44;
- Laws 2001, LB 398, § 34;
- R.S.1943, (2003), § 71-1,147;
- Laws 2007, LB236, § 30;
- Laws 2007, LB247, § 81;
- Laws 2007, LB463, § 963;
- Laws 2009, LB604, § 8;
- Laws 2010, LB849, § 11;
- Laws 2015, LB37, § 44.