Nebraska Statutes 38-2870. Prescriptions for controlled substances; requirements; medical order; duration; dispensing; transmission
(1) Beginning January 1, 2022, prescriptions for controlled substances listed in section 28-405 shall be subject to section 38-1,146, except that all such prescriptions issued by a practitioner who is a dentist shall be subject to section 38-1,146 beginning January 1, 2024.
Terms Used In Nebraska Statutes 38-2870
- Administer: means to directly apply a drug or device by injection, inhalation, ingestion, or other means to the body of a patient or research subject. See Nebraska Statutes 38-2806
- Administration: means the act of (1) administering, (2) keeping a record of such activity, and (3) observing, monitoring, reporting, and otherwise taking appropriate action regarding desired effect, side effect, interaction, and contraindication associated with administering the drug or device. See Nebraska Statutes 38-2807
- Delegated dispensing: means the practice of pharmacy by which one or more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or more persons pursuant to sections Nebraska Statutes 38-2812
- Device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is prescribed by a practitioner and dispensed by a pharmacist or other person authorized by law to do so. See Nebraska Statutes 38-2814
- Dispensing: includes (a) dispensing incident to practice, (b) dispensing pursuant to a delegated dispensing permit, (c) dispensing pursuant to a medical order, and (d) any transfer of a prescription drug or device to a patient or caregiver other than by administering. See Nebraska Statutes 38-2817
- Electronic transmission: means transmission of information in electronic form. See Nebraska Statutes 38-2821
- Facility: means a health care facility as defined in section Nebraska Statutes 38-2822
- Facsimile: means a copy generated by a system that encodes a document or photograph into electrical signals, transmits those signals over telecommunications lines, and reconstructs the signals to create an exact duplicate of the original document at the receiving end. See Nebraska Statutes 38-2823
- Medical order: means a prescription, a chart order, or an order for pharmaceutical care issued by a practitioner. See Nebraska Statutes 38-2828
- 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
- Pharmaceutical care: includes the process through which the pharmacist works in concert with the patient and his or her caregiver, physician, or other professionals in designing, implementing, and monitoring a therapeutic plan that will produce specific therapeutic outcomes for the patient. See Nebraska Statutes 38-2831
- Pharmacist: means any person who is licensed by the State of Nebraska to practice pharmacy. See Nebraska Statutes 38-2832
- Pharmacist intern: means a person who meets the requirements of section Nebraska Statutes 38-2834
- Pharmacy technician: means an individual registered under sections Nebraska Statutes 38-2836
- Practitioner: means a certified registered nurse anesthetist, a certified nurse midwife, a dentist, an optometrist, a nurse practitioner, a physician assistant, a physician, a podiatrist, or a veterinarian. See Nebraska Statutes 38-2838
- 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 38-2840
- Signature: means the name, word, or mark of a person written in his or her own hand with the intent to authenticate a writing or other form of communication or a digital signature which complies with section Nebraska Statutes 38-2844
(2) All medical orders shall be written, oral, or electronic and shall be valid for the period stated in the medical order, except that (a) if the medical order is for a controlled substance listed in section 28-405, such period shall not exceed six months from the date of issuance at which time the medical order shall expire and (b) if the medical order is for a drug or device which is not a controlled substance listed in section 28-405 or is an order issued by a practitioner for pharmaceutical care, such period shall not exceed twelve months from the date of issuance at which time the medical order shall expire.
(3) Prescription drugs or devices may only be dispensed by a pharmacist or pharmacist intern pursuant to a medical order, by an individual dispensing pursuant to a delegated dispensing permit, or as otherwise provided in section 38-2850. Notwithstanding any other provision of law to the contrary, a pharmacist or a pharmacist intern may dispense drugs or devices pursuant to a medical order or an individual dispensing pursuant to a delegated dispensing permit may dispense drugs or devices pursuant to a medical order. The Pharmacy Practice Act shall not be construed to require any pharmacist or pharmacist intern to dispense, compound, administer, or prepare for administration any drug or device pursuant to any medical order. A pharmacist or pharmacist intern shall retain the professional right to refuse to dispense.
(4) Except as otherwise provided in sections 28-414 and 28-414.01, a practitioner or the practitioner’s agent may transmit a medical order to a pharmacist or pharmacist intern and an authorized refill to a pharmacist, pharmacist intern, or pharmacy technician by the following means: (a) In writing, (b) orally, (c) by facsimile transmission of a written medical order or electronic transmission of a medical order signed by the practitioner, or (d) by facsimile transmission of a written medical order or electronic transmission of a medical order which is not signed by the practitioner. Such an unsigned medical order shall be verified with the practitioner.
(5)(a) Except as otherwise provided in sections 28-414 and 28-414.01, any medical order transmitted by facsimile or electronic transmission shall:
(i) Be transmitted by the practitioner or the practitioner’s agent directly to a pharmacist or pharmacist intern in a licensed pharmacy of the patient’s choice; and any authorized refill transmitted by facsimile or electronic transmission shall be transmitted by the practitioner or the practitioner’s agent directly to a pharmacist, pharmacist intern, or pharmacy technician. No intervening person shall be permitted access to the medical order to alter such order or the licensed pharmacy chosen by the patient. Such medical order may be transmitted through a third-party intermediary who shall facilitate the transmission of the order from the practitioner or practitioner’s agent to the pharmacy;
(ii) Identify the transmitter’s telephone number or other suitable information necessary to contact the transmitter for written or oral confirmation, the time and date of the transmission, the identity of the pharmacy intended to receive the transmission, and other information as required by law; and
(iii) Serve as the original medical order if all other requirements of this subsection are satisfied.
(b) Medical orders transmitted by electronic transmission shall be signed by the practitioner either with an electronic signature for legend drugs which are not controlled substances or a digital signature for legend drugs which are controlled substances.
(6) The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of any medical order transmitted by facsimile or electronic transmission.
(7) The quantity of drug indicated in a medical order for a resident of a long-term care facility shall be sixty days unless otherwise limited by the prescribing practitioner.