28-1437 Legend drugs; unlawful acts; definition; prescription by facsimile or electronic transmission. - Nebraska Statutes

28-1437. Legend drugs; unlawful acts; definition; prescription by facsimile or electronic transmission.(1) It shall be unlawful for any person knowingly or intentionally to possess or to acquire or obtain or to attempt to acquire or obtain by means of misrepresentation, fraud, forgery, deception, or subterfuge possession of any drug substance not classified as a controlled substance under the Uniform Controlled Substances Act, but which can only be lawfully distributed, under federal statutes in effect on April 16, 1996, upon the written or oral order of a practitioner authorized to prescribe such substances.(2) Such substances as referred to in subsection (1) of this section shall be known as legend drug substances, which shall be defined as including all drug substances not classified as controlled substances under the Uniform Controlled Substances Act, but which require a written or oral prescription from a practitioner authorized to prescribe such substances and which may only be lawfully dispensed by a duly licensed pharmacist, in accordance with the provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 to 392, in effect on April 16, 1996.(3) A prescription for a legend drug may be transmitted by the practitioner or the practitioner's agent to a pharmacy by facsimile or electronic transmission. Except as otherwise provided in section 28-414 for prescriptions for Schedule II, III, IV, or V controlled substances, the facsimile or electronic transmission shall serve as the original prescription for purposes of this subsection. SourceLaws 1976, LB 485, § 1; R.R.S.1943, § 28-476.01, (1975); Laws 1988, LB 1100, § 1; Laws 1996, LB 1108, § 5; Laws 2005, LB 382, § 4. Cross ReferencesUniform Controlled Substances Act, see section 28-401.01.