28-407 Registration required; exceptions. - Nebraska Statutes

28-407. Registration required;exceptions.(1) Except as otherwise provided inthis section, every person who manufactures, prescribes, distributes, administers,or dispenses any controlled substance within this state or who proposes toengage in the manufacture, prescribing, administering, distribution, or dispensingof any controlled substance within this state shall obtain a registrationissued by the department, except that on and after January 1, 2000, healthcare providers credentialed by the department and facilities licensed by thedepartment shall not be required to obtain a separate Nebraska controlledsubstances registration upon providing proof of a Federal Controlled SubstancesRegistration to the department. Federal Controlled Substances Registrationnumbers obtained under this section shall not be public information but maybe shared by the department for investigative and regulatory purposes if necessaryand only under appropriate circumstances to ensure against any unauthorizedaccess to such information.(2) The following persons shall not be required to registerand may lawfully possess controlled substances under the provisions of theUniform Controlled Substances Act:(a) An agent, or an employee thereof, of any practitioner,registered manufacturer, distributor, or dispenser of any controlled substanceif such agent is acting in the usual course of his or her business or employment;(b) A common or contract carrier or warehouse keeper, or anemployee thereof, whose possession of any controlled substance is in the usualcourse of his or her business or employment; and(c) An ultimate user or a person in possession of any controlledsubstance pursuant to a medical order issued by a practitioner authorizedto prescribe.(3) A separate registration shall be required at each principalplace of business of professional practice where the applicant manufactures,distributes, or dispenses controlled substances, except that no registrationshall be required in connection with the placement of an emergency box within a long-term care facility pursuantto the provisions of the Emergency Box Drug Act.(4) The department is authorized to inspect the establishmentof a registrant or applicant for registration in accordance with the rulesand regulations promulgated. SourceLaws 1977, LB 38, § 67; Laws 1994, LB 1210, § 4; Laws 1997, LB 307, § 5; Laws 1997, LB 550, § 2; Laws 1999, LB 828, § 1; Laws 2001, LB 398, § 5; Laws 2009, LB195, § 2. Cross ReferencesEmergency Box Drug Act, see section 71-2410.