28-414 Controlled substance; prescription; transfer; destruction; requirements. - Nebraska Statutes

28-414. Controlled substance; prescription; transfer; destruction; requirements.(1)(a) Except as otherwise provided in this subsection orsection 28-412 or when administered directly by a practitioner to an ultimateuser, a controlled substance listed in Schedule II of section 28-405 shallnot be dispensed without the written prescription bearing the signature ofa practitioner authorized to prescribe. No prescription fora controlled substance listed in Schedule II of section 28-405 shall be filledmore than six months from the date of issuance. A prescription for a controlledsubstance listed in Schedule II of section 28-405 shall not be refilled.(b) In emergency situations as defined by rule and regulationof the department, a controlled substance listed in Schedule II of section 28-405 may be dispensed pursuant to a facsimile of a written, signed prescriptionbearing the word "emergency" or pursuant to an oral prescription reduced towriting in accordance with subdivision (3)(b) of this section, except forthe prescribing practitioner's signature, and bearing the word "emergency".(c) In nonemergency situations:(i) A controlled substance listed in Schedule II of section 28-405 may be dispensed pursuant to a facsimile of a written, signed prescriptionif the original written, signed prescription is presented to the pharmacistfor review before the controlled substance is dispensed, except as providedin subdivision (1)(c)(ii) or (1)(c)(iii) of this section;(ii) A narcotic drug listed in Schedule II of section 28-405may be dispensed pursuant to a facsimile of a written, signed prescription(A) to be compounded for direct parenteral administration to a patient forthe purpose of home infusion therapy or (B) for administration to a patient enrolled in a hospice care program and bearing the words "hospicepatient";(iii) A controlled substance listed in Schedule II of section 28-405 may be dispensed pursuant to a facsimile of a written, signed prescriptionfor administration to a resident of a long-term care facility; and(iv) For purposes of subdivisions (1)(c)(ii) and (1)(c)(iii)of this section, a facsimile of a written, signed prescription shall serveas the original written prescription and shall be maintained in accordancewith subdivision (3)(a) of this section.(d)(i) A prescription for a controlled substance listed inSchedule II of section 28-405 may be partially filled if the pharmacist doesnot supply the full quantity prescribed and he or she makes a notation ofthe quantity supplied on the face of the prescription. The remaining portionof the prescription may be filled within seventy-two hours of the first partialfilling. The pharmacist shall notify the prescribing practitioner if the remainingportion of the prescription is not or cannot be filled within such period.No further quantity may be supplied after such period without a new written,signed prescription.(ii) A prescription for a controlled substance listed in ScheduleII of section 28-405 written for a patient in a long-term care facility orfor a patient with a medical diagnosis documenting a terminal illness maybe partially filled. Such prescription shall bear the words "terminally ill"or "long-term care facility patient" on its face. If there is any questionwhether a patient may be classified as having a terminal illness, the pharmacistshall contact the prescribing practitioner prior to partially filling theprescription. Both the pharmacist and the prescribing practitioner have acorresponding responsibility to assure that the controlled substance is fora terminally ill patient. For each partial filling, the dispensing pharmacistshall record on the back of the prescription or on another appropriate record,uniformly maintained and readily retrievable, the date of the partial filling,quantity dispensed, remaining quantity authorized to be dispensed, and theidentification of the dispensing pharmacist. The total quantity of controlledsubstances listed in Schedule II which is dispensed in all partial fillingsshall not exceed the total quantity prescribed. A prescription for a ScheduleII controlled substance for a patient in a long-term care facility or a patientwith a medical diagnosis documenting a terminal illness is valid for sixtydays from the date of issuance or until discontinuance of the prescription,whichever occurs first.(2)(a) Except as otherwise provided in this subsection orwhen administered directly by a practitioner to an ultimate user, a controlledsubstance listed in Schedule III, IV, or V of section 28-405 shall not bedispensed without a written or oral medical order. Such medical order is validfor six months after the date of issuance. Authorization from a practitionerauthorized to prescribe is required to refill a prescription for a controlledsubstance listed in Schedule III, IV, or V of section 28-405. Such prescriptionsshall not be refilled more than five times within six months after the dateof issuance. Original prescription information for any controlled substancelisted in Schedule III, IV, or V of section 28-405 may be transferred betweenpharmacies for purposes of refill dispensing pursuant to section 38-2871.(b) A controlled substance listed in Schedule III, IV, orV of section 28-405 may be dispensed pursuant to a facsimile of a written,signed prescription. The facsimile of a written, signed prescription shallserve as the original written prescription for purposes of this subsectionand shall be maintained in accordance with the provisions of subdivision (3)(c)of this section.(c) A prescription for a controlled substance listed in ScheduleIII, IV, or V of section 28-405 may be partially filled if (i) each partialfilling is recorded in the same manner as a refilling, (ii) the total quantitydispensed in all partial fillings does not exceed the total quantity prescribed,and (iii) each partial filling is dispensed within six months after the prescriptionwas issued.(3)(a) Prescriptions for all controlled substances listedin Schedule II of section 28-405 shall be kept in a separate file by the dispensingpractitioner and shall be maintained for a minimum of five years. The practitionershall make all such files readily available to the department and law enforcementfor inspection without a search warrant.(b) All prescriptions for controlled substances listed inSchedule II of section 28-405 shall contain the name and address of the patient,the name and address of the prescribing practitioner, the Drug EnforcementAdministration number of the prescribing practitioner, the date of issuance,and the prescribing practitioner's signature. The practitioner filling suchprescription shall write the date of filling and his or her own signatureon the face of the prescription. If the prescription is for an animal, itshall also state the name and address of the owner of the animal and the speciesof the animal.(c) Prescriptions for all controlled substances listed inSchedule III, IV, or V of section 28-405 shall be maintainedeither separately from other prescriptions or in a form in which the information required is readilyretrievable from ordinary business records of the dispensing practitionerand shall be maintained for a minimum of five years. The practitioner shallmake all such records readily availableto the department and law enforcement for inspection without a search warrant.(d) All prescriptions for controlled substances listed inSchedule III, IV, or V of section 28-405 shall contain the name and addressof the patient, the name and address of the prescribing practitioner, theDrug Enforcement Administration number of the prescribing practitioner, thedate of issuance, and for written prescriptions, the prescribing practitioner'ssignature. If the prescription is for an animal, it shall also state the owner'sname and address and species of the animal.(e) A registrant who is the owner of a controlled substancemay transfer:(i) Any controlled substance listed in Schedule I or II ofsection 28-405 to another registrant as provided by law or by rule and regulationof the department; and(ii) Any controlled substance listed in Schedule III, IV,or V of section 28-405 to another registrant if such owner complies with subsection(4) of section 28-411.(f)(i) The owner of any stock of controlled substances maycause such controlled substances to be destroyed pursuant to this subdivisionwhen the need for such substances ceases. Complete records of controlled substancesdestruction pursuant to this subdivision shall be maintained by the registrantfor five years from the date of destruction.(ii) When the owner is a registrant:(A) Controlled substances listed in Schedule II, III, IV,or V of section 28-405 may be destroyed by a pharmacy inspector, by a reversedistributor, or by the federal Drug Enforcement Administration. Upon destruction,any forms required by the administration to document such destruction shallbe completed;(B) Liquid controlled substances in opened containers whichoriginally contained fifty milliliters or less or compounded liquid controlledsubstances within the facility where they were compounded may be destroyedif witnessed by two individualscredentialed under the Uniform Credentialing Act and designated by the facility andrecorded in accordance with subsection (4) of section 28-411; or(C) Solid controlled substances in opened unit-dose containersor which have been adulterated within a hospital where they were to be administeredto patients at such hospital may be destroyed if witnessed by two individuals credentialed under the UniformCredentialing Act and designated by the hospital and recordedin accordance with subsection (4) of section 28-411.(iii) When the owner is a patient, such owner may transferthe controlled substances to a pharmacy for immediate destruction by two individuals credentialed under the UniformCredentialing Act and designated by the pharmacy.(iv) When the owner is a resident of a long-term care facilityor hospital, a controlled substance listed in Schedule II, III, IV, or V of section 28-405 shall be destroyed by two individualscredentialed under the Uniform Credentialing Act and designated by the facilityor hospital.(g) Before dispensingany controlled substance listed in Schedule II, III, IV, or V of section 28-405,the dispensing practitioner shall affix a label to the container in whichthe controlled substance is dispensed. Such label shall bear the name andaddress of the pharmacy or dispensing practitioner, the name of the patient,the date of filling, the consecutive number of the prescription under whichit is recorded in the practitioner's prescription records, thename of the prescribing practitioner, and the directions for use of the controlledsubstance. Unless the prescribing practitioner writes "do not label" or wordsof similar import on the original written prescription or so designates inan oral prescription, such label shall also bear the name of the controlledsubstance. SourceLaws 1977, LB 38, § 74; Laws 1988, LB 273, § 5; Laws 1995, LB 406, § 7; Laws 1996, LB 1108, § 4; Laws 1997, LB 307, § 8; Laws 1999, LB 594, § 4; Laws 2000, LB 819, § 65; Laws 2001, LB 398, § 12; Laws 2004, LB 1005, § 2; Laws 2005, LB 382, § 3; Laws 2007, LB463, § 1122; Laws 2009, LB195, § 3. Cross ReferencesHealth Care Facility Licensure Act, see section 71-401.Uniform Credentialing Act, see section 38-101.