38-2850 Pharmacy; practice; persons excepted. - Nebraska Statutes

38-2850. Pharmacy; practice;persons excepted.As authorized by the UniformCredentialing Act, the practice of pharmacy may be engaged in by a pharmacist,a pharmacist intern, or a practitioner with a pharmacy license. The practiceof pharmacy shall not be construed to include:(1) Persons who sell, offer, or expose for sale completelydenatured alcohol or concentrated lye, insecticides, and fungicides in originalpackages;(2) Practitioners, other than veterinarians, certified nursemidwives, certified registered nurse anesthetists, and nurse practitioners,who dispense drugs or devices as an incident to the practice of their profession,except that if such practitioner regularly engages in dispensing such drugsor devices to his or her patients for which such patients are charged, suchpractitioner shall obtain a pharmacy license;(3) Persons who sell, offer, or expose for sale nonprescriptiondrugs or proprietary medicines, the sale of which is not in itself a violationof the Nebraska Liquor Control Act;(4) Medical representatives, detail persons, or persons knownby some name of like import, but only to the extent of permitting the relatingof pharmaceutical information to health care professionals;(5) Licensed veterinarians practicing within the scope oftheir profession;(6) Certified nurse midwives, certified registered nurseanesthetists, and nurse practitioners who dispense sample medications whichare provided by the manufacturer and are dispensed at no charge to the patient;(7) Hospitals engaged in the compounding and dispensing ofdrugs and devices pursuant to chart orders for persons registered as patientsand within the confines of the hospital, except that if a hospital engagesin such compounding and dispensing for persons not registered as patientsand within the confines of the hospital, such hospital shall obtain a pharmacylicense or delegated dispensing permit;(8) Optometrists who prescribe or dispense eyeglasses orcontact lenses to their own patients,including contact lenses that contain and deliver ocular pharmaceutical agentsas authorized under the Optometry Practice Act, and ophthalmologists who prescribeor dispense eyeglasses or contact lenses to their own patients, includingcontact lenses that contain and deliver ocular pharmaceutical agents;(9) Registered nurses employed by a hospital who administerpursuant to a chart order, or procure for such purpose, single doses of drugsor devices from original drug or device containers or properly labeled prepackageddrug or device containers to persons registered as patients and within theconfines of the hospital;(10) Persons employed by a facility where dispensed drugsand devices are delivered from a pharmacy for pickup by a patient or caregiverand no dispensing or storage of drugs or devices occurs;(11) Persons who sell or purchase medical products, compounds,vaccines, or serums used in the prevention or cure of animal diseases andmaintenance of animal health if such medical products, compounds, vaccines,or serums are not sold or purchased under a direct, specific, written medicalorder of a licensed veterinarian;(12) A pharmacy or a person accredited by an accreditingbody which or who, pursuant to a medical order, (a) administers, dispenses,or distributes medical gas or medical gas devices to patients or ultimateusers or (b) purchases or receives medical gas or medical gas devices foradministration, dispensing, or distribution to patients or ultimate users; and(13) A businessor a person accredited by an accrediting body which or who, pursuant to amedical order, (a) sells, delivers, or distributes devices described in subsection(2) of section 38-2841 to patients or ultimate users or (b) purchases or receivessuch devices with intent to sell, deliver, or distribute to patients or ultimateusers. SourceLaws 1927, c. 167, § 121, p. 490; C.S.1929, § 71-1802; R.S.1943, § 71-1,143; Laws 1961, c. 339, § 2, p. 1062; Laws 1971, LB 350, § 2; Laws 1983, LB 476, § 7; Laws 1994, LB 900, § 3; Laws 1996, LB 414, § 7; Laws 1996, LB 1108, § 15; Laws 2000, LB 1115, § 18; Laws 2001, LB 398, § 29; Laws 2005, LB 256, § 30; R.S.Supp.,2006, § 71-1,143; Laws 2007, LB463, § 946; Laws 2009, LB604, § 7; Laws 2010, LB849, § 10.Operative Date: July 15, 2010 Cross ReferencesNebraska Liquor Control Act, see section 53-101.Optometry Practice Act, see section 38-2601.