38-2881 Delegated dispensing permit; formularies. - Nebraska Statutes

38-2881. Delegated dispensing permit; formularies.(1) With the recommendation of the board, the director shall approvea formulary to be used by individuals dispensing pursuant to a delegated dispensingpermit. A formulary shall consist of a list of drugs or devices appropriateto delegated dispensing activities authorized by the delegated dispensingpermit. Except as otherwise provided in this section, if the board finds thata formulary would be unnecessary to protect the public health and welfareand promote public convenience and necessity, the board shall recommend thatno formulary be approved.(2)(a) With the recommendation of the board, the director shallapprove the formulary to be used by public health clinics dispensing pursuantto a delegated dispensing permit.(b) The formulary for a public health clinic shall consist of a listof drugs and devices for contraception, sexually transmitted diseases, andvaginal infections which may be dispensed and stored, patient instructionrequirements which shall include directions on the use of drugs and devices,potential side effects and drug interactions, criteria for contacting theon-call pharmacist, and accompanying written patient information.(c) In no event shall the director exclude any of the provisions for patient instruction approvedby the board.(d) Drugs and devices with the following characteristics shall not beeligible to be included in the formulary:(i) Controlled substances;(ii) Drugs with significant dietary interactions;(iii) Drugs with significant drug-drug interactions; and(iv) Drugs or devices with complex counseling profiles.(3)(a) With the recommendation of the board, the director shall approvea formulary to be used by dialysis drug or device distributors.(b) The formulary for a dialysis drug or device distributor shall consistof a list of drugs, solutions, supplies, and devices for the treatment ofchronic kidney failure which may be dispensed and stored.(c) In no event shall the director approve for inclusion in the formularyany drug or device not approved by the board.(d) Controlled substances shall not be eligible to be included in theformulary. SourceLaws 1994, LB 900, § 18; Laws 1996, LB 1044, § 467; Laws 1998, LB 1073, § 72; Laws 2001, LB 398, § 56; R.S.1943, (2003), § 71-1,147.48; Laws 2007, LB296, § 352; Laws 2007, LB463, § 977; Laws 2009, LB154, § 4.