§ 38-2841 — Prescription drug or device or legend drug or device, defined

(1) Prescription drug or device
or legend drug or device means:
(a) A drug or device which
is required under federal law to be labeled with one of the following statements
prior to being dispensed or delivered:
(i) Caution: Federal law prohibits
dispensing without prescription;
(ii) Caution: Federal law
restricts this drug to use by or on the order of a licensed veterinarian;
or
(iii) "Rx Only"; or
(b) A drug or device which
is required by any applicable federal or state law to be dispensed pursuant
only to a prescription or chart order or which is restricted to use by practitioners
only.
(2) Prescription
drug or device or legend drug or device does not include a type of device,
including supplies and device components, which carries the federal Food and
Drug Administration legend "Caution: Federal law restricts this device to
sale by or on the order of a licensed health care practitioner" or an alternative
legend approved by the federal Food and Drug Administration which it recognizes,
in published guidance, as conveying essentially the same message.

Legislative History

Source: Laws 2007, LB463, § 937; Laws 2010, LB849, § 9.