State Codes and Statutes

Statutes > Nebraska > Chapter38 > 38-2867

38-2867. Pharmacy; scopeof practice; prohibited acts; violation; penalty.(1)Except as provided for pharmacy technicians in sections 38-2890 to 38-2897,for persons described in subdivision (12) or(13) of section 38-2850, and for individuals authorized to dispenseunder a delegated dispensing permit, no person other than a licensed pharmacist,a pharmacist intern, or a practitioner with a pharmacy license shall providepharmaceutical care, compound and dispense drugs or devices, or dispense pursuantto a medical order. Notwithstanding any other provision of law to the contrary,a pharmacist or pharmacist intern may dispense drugs or devices pursuant toa medical order of a practitioner authorized to prescribe in another stateif such practitioner could be authorized to prescribe such drugs or devicesin this state.(2) Except as provided for pharmacy technicians in sections 38-2890 to 38-2897, for persons described in subdivision (12) or (13) of section 38-2850, and for individualsauthorized to dispense under a delegated dispensing permit, it shall be unlawfulfor 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 providepharmaceutical care, compound and dispense drugs or devices, or dispense pursuantto a medical order.(3) It shall be unlawful for any person to coerce or attemptto coerce a pharmacist to enter into a delegated dispensing agreement or tosupervise any pharmacy technician for any purpose or in any manner contraryto the professional judgment of the pharmacist. Violation of this subsectionby a health care professional regulated pursuant to the Uniform CredentialingAct shall be considered an act of unprofessional conduct. A violation of thissubsection by a facility shall be prima facie evidence in an action againstthe license of the facility pursuant to the Health Care Facility LicensureAct. Any pharmacist subjected to coercion or attempted coercion pursuant tothis subsection has a cause of action against the person and may recover hisor her damages and reasonable attorney's fees.(4) Violation of this section by an unlicensed person shallbe a Class III misdemeanor. SourceLaws 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.Operative Date: July 15, 2010 Cross ReferencesHealth Care Facility Licensure Act, see section 71-401.

State Codes and Statutes

Statutes > Nebraska > Chapter38 > 38-2867

38-2867. Pharmacy; scopeof practice; prohibited acts; violation; penalty.(1)Except as provided for pharmacy technicians in sections 38-2890 to 38-2897,for persons described in subdivision (12) or(13) of section 38-2850, and for individuals authorized to dispenseunder a delegated dispensing permit, no person other than a licensed pharmacist,a pharmacist intern, or a practitioner with a pharmacy license shall providepharmaceutical care, compound and dispense drugs or devices, or dispense pursuantto a medical order. Notwithstanding any other provision of law to the contrary,a pharmacist or pharmacist intern may dispense drugs or devices pursuant toa medical order of a practitioner authorized to prescribe in another stateif such practitioner could be authorized to prescribe such drugs or devicesin this state.(2) Except as provided for pharmacy technicians in sections 38-2890 to 38-2897, for persons described in subdivision (12) or (13) of section 38-2850, and for individualsauthorized to dispense under a delegated dispensing permit, it shall be unlawfulfor 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 providepharmaceutical care, compound and dispense drugs or devices, or dispense pursuantto a medical order.(3) It shall be unlawful for any person to coerce or attemptto coerce a pharmacist to enter into a delegated dispensing agreement or tosupervise any pharmacy technician for any purpose or in any manner contraryto the professional judgment of the pharmacist. Violation of this subsectionby a health care professional regulated pursuant to the Uniform CredentialingAct shall be considered an act of unprofessional conduct. A violation of thissubsection by a facility shall be prima facie evidence in an action againstthe license of the facility pursuant to the Health Care Facility LicensureAct. Any pharmacist subjected to coercion or attempted coercion pursuant tothis subsection has a cause of action against the person and may recover hisor her damages and reasonable attorney's fees.(4) Violation of this section by an unlicensed person shallbe a Class III misdemeanor. SourceLaws 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.Operative Date: July 15, 2010 Cross ReferencesHealth Care Facility Licensure Act, see section 71-401.

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter38 > 38-2867

38-2867. Pharmacy; scopeof practice; prohibited acts; violation; penalty.(1)Except as provided for pharmacy technicians in sections 38-2890 to 38-2897,for persons described in subdivision (12) or(13) of section 38-2850, and for individuals authorized to dispenseunder a delegated dispensing permit, no person other than a licensed pharmacist,a pharmacist intern, or a practitioner with a pharmacy license shall providepharmaceutical care, compound and dispense drugs or devices, or dispense pursuantto a medical order. Notwithstanding any other provision of law to the contrary,a pharmacist or pharmacist intern may dispense drugs or devices pursuant toa medical order of a practitioner authorized to prescribe in another stateif such practitioner could be authorized to prescribe such drugs or devicesin this state.(2) Except as provided for pharmacy technicians in sections 38-2890 to 38-2897, for persons described in subdivision (12) or (13) of section 38-2850, and for individualsauthorized to dispense under a delegated dispensing permit, it shall be unlawfulfor 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 providepharmaceutical care, compound and dispense drugs or devices, or dispense pursuantto a medical order.(3) It shall be unlawful for any person to coerce or attemptto coerce a pharmacist to enter into a delegated dispensing agreement or tosupervise any pharmacy technician for any purpose or in any manner contraryto the professional judgment of the pharmacist. Violation of this subsectionby a health care professional regulated pursuant to the Uniform CredentialingAct shall be considered an act of unprofessional conduct. A violation of thissubsection by a facility shall be prima facie evidence in an action againstthe license of the facility pursuant to the Health Care Facility LicensureAct. Any pharmacist subjected to coercion or attempted coercion pursuant tothis subsection has a cause of action against the person and may recover hisor her damages and reasonable attorney's fees.(4) Violation of this section by an unlicensed person shallbe a Class III misdemeanor. SourceLaws 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.Operative Date: July 15, 2010 Cross ReferencesHealth Care Facility Licensure Act, see section 71-401.