Nebraska Statutes 71-2478. Legend drug not a controlled substance; written, oral, or electronic prescription; information required; controlled substance; requirements; pharmacist; authority to adapt prescription; duties; prohibited acts
(1) Except as otherwise provided in this section or the Uniform Controlled Substances Act or except when administered directly by a practitioner to an ultimate user, a legend drug which is not a controlled substance shall not be dispensed without a written, oral, or electronic prescription. Such prescription shall be valid for twelve months after the date of issuance.
Terms Used In Nebraska Statutes 71-2478
- Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- 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
- Pharmacist: means any person who is licensed by the State of Nebraska to practice pharmacy as defined in section Nebraska Statutes 71-2471
- Practitioner: means a certified registered nurse anesthetist, a certified nurse midwife, a dentist, an optometrist, a nurse practitioner, a pharmacist, a physician assistant, a physician, or a podiatrist credentialed under the Uniform Credentialing Act. See Nebraska Statutes 71-2473
- Prescribe: means to issue a medical order. See Nebraska Statutes 71-2474
- Prescription: means an order for a drug or device issued by a practitioner for a specific patient, for emergency use, or for use in immunizations. See Nebraska Statutes 71-2475
(2) A prescription for a legend drug which is not a controlled substance shall contain the following information prior to being filled by a pharmacist or practitioner who holds a pharmacy license under subdivision (1) of section 38-2850 : (a) Patient’s name, or if not issued for a specific patient, the words, “for emergency use” or “for use in immunizations”, (b) name of the drug, device, or biological, (c) strength of the drug or biological, if applicable, (d) dosage form of the drug or biological, (e) quantity of the drug, device, or biological prescribed, (f) directions for use, (g) date of issuance, (h) number of authorized refills, including pro re nata or PRN refills, (i) prescribing practitioner’s name, and (j) if the prescription is written, prescribing practitioner’s signature. Prescriptions for controlled substances must meet the requirements of sections 28-414 and 28-414.01.
(3)(a) A pharmacist who is exercising reasonable care and who has obtained patient consent may do the following:
(i) Change the quantity of a drug prescribed if:
(A) The prescribed quantity or package size is not commercially available; or
(B) The change in quantity is related to a change in dosage form;
(ii) Change the dosage form of the prescription if it is in the best interest of the patient and if the directions for use are also modified to equate to an equivalent amount of drug dispensed as prescribed;
(iii) Dispense multiple months’ supply of a drug if a prescription is written with sufficient refills; and
(iv) Substitute any chemically equivalent drug product for a prescribed drug to comply with a drug formulary which is covered by the patient’s health insurance plan unless the prescribing practitioner specifies “no substitution”, “dispense as written”, or “D.A.W.” to indicate that substitution is not permitted. If a pharmacist substitutes any chemically equivalent drug product as permitted under this subdivision, the pharmacist shall provide notice to the prescribing practitioner or the prescribing practitioner’s designee. If drug product selection occurs involving a generic substitution, the drug product selection shall comply with section 38-28,111.
(b) A pharmacist who adapts a prescription in accordance with this subsection shall document the adaptation in the patient’s pharmacy record.
(4) A written, signed paper prescription may be transmitted to the pharmacy via facsimile which shall serve as the original written prescription. An electronic prescription may be electronically or digitally signed and transmitted to the pharmacy and may serve as the original prescription.
(5) It shall be unlawful for any person knowingly or intentionally to possess or to acquire or obtain or to attempt to acquire or obtain, by means of misrepresentation, fraud, forgery, deception, or subterfuge, possession of any drug substance not classified as a controlled substance under the Uniform Controlled Substances Act which can only be lawfully dispensed, under federal statutes in effect on January 1, 2015, upon the written or oral prescription of a practitioner authorized to prescribe such substances.