Nebraska Statutes 71-8927. Order to cease distribution of drug; notice; hearing; powers of department
(1) If the department finds there is a reasonable probability that (a) a veterinary drug distributor has knowingly and intentionally falsified documents relevant to the purchase, sale, or distribution of veterinary legend drugs or has sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit veterinary legend drug and (b) such drug could cause serious, adverse health consequences or death, the department may issue an order to immediately cease distribution of such drug.
Terms Used In Nebraska Statutes 71-8927
- Department: means the Division of Public Health of the Department of Health and Human Services. See Nebraska Statutes 71-8905
- Distribution: means the act of receiving orders, possessing, warehousing, and record keeping related to the sale and delivery of veterinary legend drugs. See Nebraska Statutes 71-8906
- 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 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) Persons subject to any order issued by the department under this section shall be provided with notice and an opportunity for an informal hearing to be held not later than thirty days after the date the order was issued. If the department determines, after such hearing, that inadequate grounds exist to support the actions required by the order, the department shall vacate the order.