§ 38-2884 — Delegated dispensing permit; public health clinic; dispensing requirements

Under a delegated dispensing permit for a public health clinic, approved formulary drugs and devices may be dispensed by a public health clinic worker or a health care professional licensed in Nebraska to practice medicine and surgery or licensed in Nebraska as a registered nurse, licensed practical nurse, or physician assistant without the onsite services of a pharmacist if:
(1) The initial dispensing of all prescriptions for approved formulary drugs and devices is conducted by a health care professional licensed in Nebraska to practice medicine and surgery or pharmacy or licensed in Nebraska as a registered nurse, licensed practical nurse, or physician assistant;
(2) The drug or device is dispensed pursuant to a prescription written onsite by a practitioner or by a practitioner licensed in Nebraska working in affiliation with a public health clinic pursuant to a delegated dispensing permit;
(3) The only prescriptions to be refilled under the delegated dispensing permit are prescriptions for contraceptives;
(4) Prescriptions are accompanied by patient instructions and written information approved by the director;
(5) The dispensing of authorized refills of contraceptives is done by a licensed health care professional listed in subdivision (1) of this section or by a public health clinic worker;
(6) All drugs or devices are prepackaged by the manufacturer or at a public health clinic by a pharmacist into the quantity to be prescribed and dispensed at the public health clinic;
(7) All drugs and devices stored, received, or dispensed under the authority of public health clinics are properly labeled at all times. For purposes of this subdivision, properly labeled means that the label affixed to the container prior to dispensing contains the following information:
(a) The name of the manufacturer;
(b) The lot number and expiration date from the manufacturer or, if repackaged by a pharmacist, the lot number and calculated expiration date;
(c) Directions for patient use;
(d) The quantity of drug in the container;
(e) The name, strength, and dosage form of the drug; and
(f) Auxiliary labels as needed for proper adherence to any prescription;
(8) The following additional information is added to the label of each container when the drug or device is dispensed:
(a) The patient's name;
(b) The name of the prescribing health care professional;
(c) The prescription number;
(d) The date dispensed; and
(e) The name and address of the public health clinic;
(9) The only drugs and devices allowed to be dispensed or stored by public health clinics appear on the formulary approved pursuant to section 38-2881 ; and
(10) At any time that dispensing is occurring from a public health clinic, the delegating pharmacist for the public health clinic or on-call pharmacist in Nebraska is available, either in person or by telephone, to answer questions from clients, staff, public health clinic workers, or volunteers. This availability shall be confirmed and documented at the beginning of each day that dispensing will occur. The delegating pharmacist or on-call pharmacist shall inform the public health clinic if he or she will not be available during the time that his or her availability is required. If a pharmacist is unavailable, no dispensing shall occur.

Legislative History

Source: Laws 1994, LB 900, § 23; Laws 1996, LB 1044, § 468; Laws 1996, LB 1108, § 18; Laws 1998, LB 1073, § 76; Laws 2001, LB 398, § 59; Laws 2002, LB 1062, § 34; R.S.1943, (2003), § 71-1,147.53; Laws 2007, LB296, § 353; Laws 2007, LB463, § 980; Laws 2015, LB37, § 49; Laws 2025, LB332, § 34. Operative Date: September 3, 2025