§ 38-2873 — Delegated dispensing permit; requirements

(1) Any person who has entered
into a delegated dispensing agreement pursuant to section 38-2872 may apply
to the department for a delegated dispensing permit. An applicant shall apply
at least thirty days prior to the anticipated date for commencing delegated
dispensing activities. Each applicant shall (a) file an application as prescribed
by the department and a copy of the delegated dispensing agreement and (b)
pay any fees required by the department. A hospital applying for a delegated
dispensing permit shall not be required to pay an application fee if it has
a pharmacy license under the Health Care Facility Licensure Act.
(2) The department shall issue or renew a delegated dispensing
permit to an applicant if the department, with the recommendation of the board,
determines that:
(a) The application and delegated dispensing agreement comply
with the Pharmacy Practice Act;
(b) The public health and welfare is protected and public
convenience and necessity is promoted by the issuance of such permit. If the
applicant is a hospital, public health clinic, or dialysis drug or device distributor, the
department shall find that the public health and welfare is protected and
public convenience and necessity is promoted. For any other applicant, the
department may, in its discretion, require the submission of documentation
to demonstrate that the public health and welfare is protected and public
convenience and necessity is promoted by the issuance of the delegated dispensing
permit; and
(c) The applicant has complied with any inspection requirements
pursuant to section 38-2874 .
(3) In addition to the requirements of subsection (2) of
this section, a public health clinic (a) shall apply for a separate delegated
dispensing permit for each clinic maintained on separate premises even though
such clinic is operated under the same management as another clinic and (b)
shall not apply for a separate delegated dispensing permit to operate an ancillary
facility. For purposes of this subsection, ancillary facility means a delegated
dispensing site which offers intermittent services, which is staffed by personnel
from a public health clinic for which a delegated dispensing permit has been
issued, 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 promulgate
rules and regulations to reinstate expired permits upon payment of a late
fee.

Legislative History

Source: Laws 2001, LB 398, § 48; R.S.1943, (2003), § 71-1,147.63; Laws 2007, LB463, § 969; Laws 2009, LB604, § 10. Cross References: Health Care Facility Licensure Act, see section 71-401.