LB887 LB887
2020 2020
LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 887
Introduced by Arch, 14.
Read first time January 09, 2020
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to prescription drugs; to amend section
2 71-2478, Reissue Revised Statutes of Nebraska, and section
3 28-414.01, Revised Statutes Cumulative Supplement, 2018; to
4 authorize pharmacists to adapt prescriptions as prescribed; and to
5 repeal the original sections.
6 Be it enacted by the people of the State of Nebraska,
-1-
LB887 LB887
2020 2020
1 Section 1. Section 28-414.01, Revised Statutes Cumulative
2 Supplement, 2018, is amended to read:
3 28-414.01 (1) Except as otherwise provided in this section or when
4 administered directly by a practitioner to an ultimate user, a controlled
5 substance listed in Schedule III, IV, or V of section 28-405 shall not be
6 dispensed without a written, oral, or electronic medical order. Such
7 medical order is valid for six months after the date of issuance.
8 Original prescription information for any controlled substance listed in
9 Schedule III, IV, or V of section 28-405 may be transferred between
10 pharmacies for purposes of refill dispensing pursuant to section 38-2871.
11 (2) A prescription for controlled substances listed in Schedule III,
12 IV, or V of section 28-405 must contain the following information prior
13 to being filled by a pharmacist or dispensing practitioner: (a) Patient's
14 name and address, (b) name of the drug, device, or biological, (c)
15 strength of the drug or biological, if applicable, (d) dosage form of the
16 drug or biological, (e) quantity of the drug, device, or biological
17 prescribed, (f) directions for use, (g) date of issuance, (h) number of
18 refills, including pro re nata or PRN refills, not to exceed five refills
19 within six months after the date of issuance, (i) prescribing
20 practitioner's name and address, and (j) Drug Enforcement Administration
21 number of the prescribing practitioner. If the prescription is a written
22 paper prescription, the paper prescription must contain the prescribing
23 practitioner's manual signature. If the prescription is an electronic
24 prescription, the electronic prescription must contain all of the
25 elements in subdivisions (a) through (j) of this subsection, must be
26 digitally signed, and must be transmitted to and received by the pharmacy
27 electronically to meet all of the requirements of 21 C.F.R. 1311, as the
28 regulation existed on January 1, 2014, pertaining to electronic
29 prescribing of controlled substances.
30 (3)(a) A pharmacist who is acting in good faith and exercising
31 reasonable care and who has obtained patient consent may do the
-2-
LB887 LB887
2020 2020
1 following:
2 (i) Change the quantity of a drug prescribed if:
3 (A) The prescribed quantity or package size is not commercially
4 available; or
5 (B) The change in quantity is related to a change in dosage form;
6 (ii) Change the dosage form of the prescription if it is in the best
7 interest of patient care and if the directions for use are also modified
8 to equate to an equivalent amount of drug dispensed as prescribed;
9 (iii) Extend a one-time refill for the quantity prescribed in the
10 most recent fill or a thirty-day supply, whichever is less, if in the
11 professional judgment of the pharmacist the drug is essential to sustain
12 the life of the patient or continue therapy for a chronic condition of
13 the patient and failure to dispense the drug to the patient could result
14 in harm to the health of the patient;
15 (iv) Dispense multiple months' supply of a drug if a prescription is
16 written with sufficient refills; and
17 (v) Substitute any drug that has the same active ingredient and
18 dose.
19 (b) A pharmacist who adapts a prescription in accordance with this
20 subsection shall document the adaptation in the patient's pharmacy
21 record.
22 (4) (3) A controlled substance listed in Schedule III, IV, or V of
23 section 28-405 may be dispensed pursuant to a facsimile of a written,
24 signed paper prescription. The facsimile of a written, signed paper
25 prescription shall serve as the original written prescription for
26 purposes of this subsection and shall be maintained in accordance with
27 subsection (2) of section 28-414.03.
28 (5) (4) A prescription for a controlled substance listed in Schedule
29 III, IV, or V of section 28-405 may be partially filled if (a) each
30 partial filling is recorded in the same manner as a refilling, (b) the
31 total quantity dispensed in all partial fillings does not exceed the
-3-
LB887 LB887
2020 2020
1 total quantity prescribed, and (c) each partial filling is dispensed
2 within six months after the prescription was issued.
3 Sec. 2. Section 71-2478, Reissue Revised Statutes of Nebraska, is
4 amended to read:
5 71-2478 (1) Except as otherwise provided in this section or the
6 Uniform Controlled Substances Act or except when administered directly by
7 a practitioner to an ultimate user, a legend drug which is not a
8 controlled substance shall not be dispensed without a written, oral, or
9 electronic prescription. Such prescription shall be valid for twelve
10 months after the date of issuance.
11 (2) A prescription for a legend drug which is not a controlled
12 substance shall contain the following information prior to being filled
13 by a pharmacist or practitioner who holds a pharmacy license under
14 subdivision (1) of section 38-2850: (a) Patient's name, (b) name of the
15 drug, device, or biological, (c) strength of the drug or biological, if
16 applicable, (d) dosage form of the drug or biological, (e) quantity of
17 the drug, device, or biological prescribed, (f) directions for use, (g)
18 date of issuance, (h) number of authorized refills, including pro re nata
19 or PRN refills, (i) prescribing practitioner's name, and (j) if the
20 prescription is written, prescribing practitioner's signature.
21 Prescriptions for controlled substances must meet the requirements of
22 sections 28-414 and 28-414.01.
23 (3)(a) A pharmacist who is acting in good faith and exercising
24 reasonable care and who has obtained patient consent may do the
25 following:
26 (i) Change the quantity of a drug prescribed if:
27 (A) The prescribed quantity or package size is not commercially
28 available; or
29 (B) The change in quantity is related to a change in dosage form;
30 (ii) Change the dosage form of the prescription if it is in the best
31 interest of patient care and if the directions for use are also modified
-4-
LB887 LB887
2020 2020
1 to equate to an equivalent amount of drug dispensed as prescribed;
2 (iii) Extend a one-time refill for the quantity prescribed in the
3 most recent fill or a thirty-day supply, whichever is less, if in the
4 professional judgment of the pharmacist the drug is essential to sustain
5 the life of the patient or continue therapy for a chronic condition of
6 the patient and failure to dispense the drug to the patient could result
7 in harm to the health of the patient;
8 (iv) Dispense multiple months' supply of a drug if a prescription is
9 written with sufficient refills; and
10 (v) Substitute any drug that has the same active ingredient and
11 dose.
12 (b) A pharmacist who adapts a prescription in accordance with this
13 subsection shall document the adaptation in the patient's pharmacy
14 record.
15 (4) (3) A written, signed paper prescription may be transmitted to
16 the pharmacy via facsimile which shall serve as the original written
17 prescription. An electronic prescription may be electronically or
18 digitally signed and transmitted to the pharmacy and may serve as the
19 original prescription.
20 (5) (4) It shall be unlawful for any person knowingly or
21 intentionally to possess or to acquire or obtain or to attempt to acquire
22 or obtain, by means of misrepresentation, fraud, forgery, deception, or
23 subterfuge, possession of any drug substance not classified as a
24 controlled substance under the Uniform Controlled Substances Act which
25 can only be lawfully dispensed, under federal statutes in effect on
26 January 1, 2015, upon the written or oral prescription of a practitioner
27 authorized to prescribe such substances.
28 Sec. 3. Original section 71-2478, Reissue Revised Statutes of
29 Nebraska, and section 28-414.01, Revised Statutes Cumulative Supplement,
30 2018, are repealed.
-5-
Statutes affected: Introduced: 28-414.01, 71-2478