38-2841 Prescription drug or device or legend drug or device, defined. - Nebraska Statutes

38-2841. Prescriptiondrug or device or legend drug or device, defined.(1) Prescription drug or deviceor legend drug or device means:(a) A drug or device whichis required under federal law to be labeled with one of the following statementsprior to being dispensed or delivered:(i) Caution: Federal law prohibitsdispensing without prescription;(ii) Caution: Federal lawrestricts this drug to use by or on the order of a licensed veterinarian;or(iii) "Rx Only"; or(b) A drug or device whichis required by any applicable federal or state law to be dispensed pursuantonly to a prescription or chart order or which is restricted to use by practitionersonly.(2) Prescriptiondrug or device or legend drug or device does not include a type of device,including supplies and device components, which carries the federal Food andDrug Administration legend "Caution: Federal law restricts this device tosale by or on the order of a licensed health care practitioner" or an alternativelegend approved by the federal Food and Drug Administration which it recognizes,in published guidance, as conveying essentially the same message. SourceLaws 2007, LB463, § 937; Laws 2010, LB849, § 9.Operative Date: July 15, 2010