Nebraska Statutes 71-8922.01. Veterinary legend drug; deceased prescriber; effect on distribution; limitations
(1) Except as otherwise provided in this section, a veterinary drug distributor may refill and distribute a veterinary legend drug pursuant to a veterinary drug order issued on or after August 28, 2021, by a veterinarian licensed in this state pursuant to a bona fide veterinarian-client-patient relationship without the prescriber’s authorization if the prescriber is deceased and continuation of the veterinary legend drug is necessary for the animal’s health, safety, and welfare.
Terms Used In Nebraska Statutes 71-8922.01
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Veterinarian-client-patient relationship: means a relationship pursuant to which (1) a veterinarian has assumed the responsibility for making clinical judgments regarding the health of an animal and the need for medical treatment and the client has agreed to follow the veterinarian's instructions, (2) the veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal, meaning that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept, and (3) the veterinarian is readily available or has arranged for emergency coverage and for followup evaluation in the event of adverse reactions or the failure of the treatment regimen. See Nebraska Statutes 71-8908
- Veterinary drug distributor: means any person or entity that engages in the distribution of veterinary legend drugs in the State of Nebraska other than a pharmacy or a veterinarian licensed under the Uniform Credentialing Act acting within the scope of practice of veterinary medicine and surgery as defined in section 38-3312. See Nebraska Statutes 71-8909
- Veterinary drug order: means a lawful order or prescription of a veterinarian licensed to practice in this state issued pursuant to a bona fide veterinarian-client-patient relationship. See Nebraska Statutes 71-8910
- Veterinary legend drug: means a drug which under federal law is required, prior to being distributed, to be labeled with the following statement: "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian. See Nebraska Statutes 71-8911
(2) A refill under this section shall be limited in quantity to the amount sufficient to maintain the animal’s health, safety, and welfare until a bona fide veterinarian-client-patient relationship can be established with a licensed veterinarian, but in no event shall the quantity exceed a thirty-day supply.
(3) If a licensed veterinarian indicates on a veterinary drug order that no emergency refills are authorized, a veterinary drug distributor shall not dispense under this section pursuant to that veterinary drug order.
(4) This section does not apply to controlled substances.
(5) A veterinary drug distributor shall not be required to refill any veterinary drug order under this section and shall not be liable for any damages resulting from refilling a veterinary drug order issued by a licensed veterinarian under this section unless such damages are a result of the gross negligence of the veterinary drug distributor.