State Codes and Statutes

Statutes > Nebraska > Chapter38 > 38-2873

38-2873. Delegated dispensingpermit; requirements.(1) Any person who has enteredinto a delegated dispensing agreement pursuant to section 38-2872 may applyto the department for a delegated dispensing permit. An applicant shall applyat least thirty days prior to the anticipated date for commencing delegateddispensing activities. Each applicant shall (a) file an application as prescribedby the department and a copy of the delegated dispensing agreement and (b)pay any fees required by the department. A hospital applying for a delegateddispensing permit shall not be required to pay an application fee if it hasa pharmacy license under the Health Care Facility Licensure Act.(2) The department shall issue or renew a delegated dispensingpermit to an applicant if the department, with the recommendation of the board,determines that:(a) The application and delegated dispensing agreement complywith the Pharmacy Practice Act;(b) The public health and welfare is protected and publicconvenience and necessity is promoted by the issuance of such permit. If theapplicant is a hospital, public health clinic, or dialysis drug or device distributor, thedepartment shall find that the public health and welfare is protected andpublic convenience and necessity is promoted. For any other applicant, thedepartment may, in its discretion, require the submission of documentationto demonstrate that the public health and welfare is protected and publicconvenience and necessity is promoted by the issuance of the delegated dispensingpermit; and(c) The applicant has complied with any inspection requirementspursuant to section 38-2874.(3) In addition to the requirements of subsection (2) ofthis section, a public health clinic (a) shall apply for a separate delegateddispensing permit for each clinic maintained on separate premises even thoughsuch clinic is operated under the same management as another clinic and (b)shall not apply for a separate delegated dispensing permit to operate an ancillaryfacility. For purposes of this subsection, ancillary facility means a delegateddispensing site which offers intermittent services, which is staffed by personnelfrom a public health clinic for which a delegated dispensing permit has beenissued, and at which no legend drugs or devices are stored.(4) A delegated dispensing permit shall not be transferable.Such permit shall expire annually on July 1 unless renewed by the department.The department, with the recommendation of the board, may adopt and promulgaterules and regulations to reinstate expired permits upon payment of a latefee. SourceLaws 2001, LB 398, § 48; R.S.1943, (2003), § 71-1,147.63; Laws 2007, LB463, § 969; Laws 2009, LB604, § 10. Cross ReferencesHealth Care Facility Licensure Act, see section 71-401.