§ 38-2891 — Pharmacy technicians; authorized functions and tasks

(1) A pharmacy technician shall only perform tasks which do not require the professional judgment of a pharmacist and which are subject to verification to assist a pharmacist in the practice of pharmacy.
(2) A pharmacy technician may administer vaccines, and such administration shall not be considered to be performing a task requiring the professional judgment of a pharmacist, when:
(a) The vaccines are verified by the pharmacist responsible for the supervision and verification of the activities of the pharmacy technician prior to administration;
(b) Administration is limited to intra-muscular in the deltoid muscle or subcutaneous on the arm to a person three years of age or older;
(c) The pharmacy technician is certified as required by section 38-2890 ;
(d) The pharmacy technician has completed certificate training in vaccine administration that includes, at a minimum, vaccine administration, blood-borne pathogen exposure, safety measures during administration, and biohazard handling;
(e) The pharmacy technician is currently certified in basic life-support skills for health care providers as determined by the board; and
(f) The pharmacist responsible for the supervision and verification of the activities of the pharmacy technician is on site.
(3) The functions and tasks which shall not be performed by pharmacy technicians include, but are not limited to:
(a) Receiving oral medical orders from a practitioner or his or her agent except as otherwise provided in subsection (4) of section 38-2870 ;
(b) Providing patient counseling;
(c) Performing any evaluation or necessary clarification of a medical order or performing any functions other than strictly clerical functions involving a medical order;
(d) Supervising or verifying the tasks and functions of pharmacy technicians;
(e) Interpreting or evaluating the data contained in a patient's record maintained pursuant to section 38-2869 ;
(f) Releasing any confidential information maintained by the pharmacy;
(g) Performing any professional consultations; and
(h) Drug product selection, with regard to an individual medical order, in accordance with the Nebraska Drug Product Selection Act.
(4) The director shall, with the recommendation of the board, waive any of the limitations in subsection (2) of this section for purposes of a scientific study of the role of pharmacy technicians approved by the board. Such study shall be based upon providing improved patient care or enhanced pharmaceutical care. Any such waiver shall state the length of the study and shall require that all study data and results be made available to the board upon the completion of the study. Nothing in this subsection requires the board to approve any study proposed under this subsection.

Legislative History

Source: Laws 2007, LB236, § 32; R.S.Supp.,2007, § 71-1,147.66; Laws 2007, LB247, § 82; Laws 2018, LB731, § 75; Laws 2021, LB583, § 6; Laws 2023, LB227, § 56. Cross References: Nebraska Drug Product Selection Act, see section 38-28,108.