LB458 LB458
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 458
Introduced by Ballard, 21.
Read first time January 13, 2023
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to Prescription Drug Safety Act; to amend
2 sections 71-2461.01 and 71-2479, Revised Statutes Cumulative
3 Supplement, 2022; to allow certain central fill pharmacies to
4 deliver to a patient; to change a labeling requirement; and to
5 repeal the original sections.
6 Be it enacted by the people of the State of Nebraska,
-1-
LB458 LB458
2023 2023
1 Section 1. Section 71-2461.01, Revised Statutes Cumulative
2 Supplement, 2022, is amended to read:
3 71-2461.01 (1) Central fill means the preparation, other than by
4 compounding, of a drug, device, or biological pursuant to a medical order
5 where the preparation occurs in a pharmacy other than the pharmacy
6 dispensing to the patient or caregiver as defined in section 38-2809.
7 (2) If the dispensing pharmacy and central fill pharmacy are under
8 common ownership, the central fill pharmacy may deliver such drug,
9 device, or biological to the patient or caregiver on behalf of the
10 dispensing pharmacy.
11 Sec. 2. Section 71-2479, Revised Statutes Cumulative Supplement,
12 2022, is amended to read:
13 71-2479 (1) Any prescription for a legend drug which is not a
14 controlled substance shall be kept by the pharmacy or the practitioner
15 who holds a pharmacy license in a readily retrievable format and shall be
16 maintained for a minimum of five years. The pharmacy or practitioner
17 shall make all such files readily available to the department and law
18 enforcement for inspection without a search warrant.
19 (2) Before dispensing a legend drug which is not a controlled
20 substance pursuant to a written, oral, or electronic prescription, a
21 label shall be affixed to the container in which the drug is dispensed.
22 Such label shall bear (a) the name, address, and telephone number of the
23 pharmacy or practitioner and the name and address of the central fill
24 pharmacy if central fill is used, (b) the name of the patient, (c) the
25 date of filling, (d) the serial number of the prescription under which it
26 is recorded in the practitioner's prescription records, (e) the name of
27 the prescribing practitioner, (f) the directions for use, (g) the name of
28 the drug, device, or biological unless instructed to omit by the
29 prescribing practitioner, (h) the strength of the drug or biological, if
30 applicable, (i) the quantity of the drug, device, or biological in the
31 container, except unit-dose containers, (j) the dosage form of the drug
-2-
LB458 LB458
2023 2023
1 or biological, and (k) any cautionary statements contained in the
2 prescription.
3 (3) For multidrug containers, more than one drug, device, or
4 biological may be dispensed in the same container when (a) such container
5 is prepackaged by the manufacturer, packager, or distributor and shipped
6 directly to the pharmacy in this manner or (b) the container does not
7 accommodate greater than a thirty-one-day supply of compatible dosage
8 units and is labeled to identify each drug or biological in the container
9 in addition to all other information required by law.
10 Sec. 3. Original sections 71-2461.01 and 71-2479, Revised Statutes
11 Cumulative Supplement, 2022, are repealed.
-3-


Statutes affected:
Introduced: 71-2461.01, 71-2479