§ 71-2451 — Long-term care facility; annual license; application; contents; inspection; pharmacist; duties; dispensing of drugs; labeling requirements; assisted-living facility; permitted use, when

(1) In order for an automated medication system to be operated in a long-term care facility, a pharmacist in charge of a pharmacy licensed under the Health Care Facility Licensure Act and located in Nebraska shall annually license the long-term care automated pharmacy in which the automated medication system is located.
(2) The pharmacist in charge of a licensed pharmacy shall submit an application for licensure or renewal of licensure to the Division of Public Health of the Department of Health and Human Services with a fee in the amount of the fee the pharmacy pays for licensure or renewal. The application shall include:
(a) The name and location of the licensed pharmacy;
(b) If controlled substances are stored in the automated medication system, the federal Drug Enforcement Administration registration number of the licensed pharmacy. After the long-term care automated pharmacy is registered with the federal Drug Enforcement Administration, the pharmacist in charge of the licensed pharmacy shall provide the federal Drug Enforcement Administration registration number of the long-term care automated pharmacy to the division and any application for renewal shall include such registration number;
(c) The location of the long-term care automated pharmacy; and
(d) The name of the pharmacist in charge of the licensed pharmacy.
(3) As part of the application process, the division shall conduct an inspection by a pharmacy inspector as provided in section 38-28,101 of the long-term care automated pharmacy. The division shall also conduct inspections of the operation of the long-term care automated pharmacy as necessary.
(4) The division shall license a long-term care automated pharmacy which meets the licensure requirements of the Automated Medication Systems Act.
(5) A pharmacist in charge of a licensed pharmacy shall apply for a separate license for each location at which it operates one or more long-term care automated pharmacies. The licensed pharmacy shall be the provider pharmacy for the long-term care automated pharmacy.
(6) The pharmacist in charge of the licensed pharmacy operating a long-term care automated pharmacy shall:
(a) Identify a pharmacist responsible for the operation, supervision, policies, and procedures of the long-term care automated pharmacy;
(b) Implement the policies and procedures developed to comply with section 71-2447 ;
(c) Assure compliance with the drug storage and record-keeping requirements of the Pharmacy Practice Act;
(d) Assure compliance with the labeling requirements of subsection (8) of this section;
(e) Develop and implement policies for the verification of drugs by a pharmacist prior to being loaded into the automated medication system or for the verification of drugs by a pharmacist prior to being released for administration to a resident;
(f) Develop and implement policies for inventory, security, and accountability for controlled substances; and
(g) Assure that each medical order is reviewed by a pharmacist prior to the release of the drugs by the automated medication system. Emergency doses may be taken from an automated medication system prior to review by a pharmacist if the licensed pharmacy develops and implements policies for emergency doses. Emergency doses may not be taken from an automated medication system prior to review by a pharmacist for residents of an assisted-living facility co-located with a long-term care facility.
(7) Supervision by a pharmacist is sufficient for compliance with the requirement of subdivision (6)(a) of this section if the pharmacist in the licensed pharmacy monitors the automated medication system electronically and keeps records of compliance with such requirement for five years.
(8) Each drug dispensed from a long-term care automated pharmacy shall be in a package with a label containing the following information:
(a) The name and address of the long-term care automated pharmacy;
(b) The prescription number;
(c) The name, strength, and dosage form of the drug;
(d) The name of the resident;
(e) The name of the practitioner who prescribed the drug;
(f) The date of filling; and
(g) Directions for use.
(9) A prescription is required for any controlled substance dispensed from a long-term care automated pharmacy and for any medication dispensed for a resident of an assisted-living facility co-located with a long-term care facility.
(10) An assisted-living facility co-located with a long-term care facility which has a long-term care automated pharmacy may obtain drugs dispensed from an automated medication distribution machine by the long-term care automated pharmacy for residents of the assisted-living facility as long as the procedures of the Automated Medication Systems Act are followed with regard to dispensing the drugs.
(11) The inventory which is transferred to a long-term care automated pharmacy shall be excluded from the percent of total prescription drug sales revenue described in section 71-7454 .

Legislative History

Source: Laws 2013, LB326, § 9; Laws 2022, LB592, § 2. Cross References: Health Care Facility Licensure Act, see section 71-401. Pharmacy Practice Act, see section 38-2801.