38-2850.01. Pharmacy; practice; persons excepted; delivery of drugs or devices; conditions; liability.
337 words·~2 min read·
/ne/chapter-38/38-2850-01A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Individuals employed by a facility where dispensed drugs and devices are delivered from a pharmacy to be picked up by a patient or caregiver, as requested by the patient, shall not be considered to be engaging in the practice of pharmacy if:
(a)The drug or device has been prepaid by the patient or caregiver;
(b)The dispensing pharmacist has offered patient counseling either prior to, or at the time of, dispensing;
(c)The drug or device is
(i)maintained in the packaging as received from the dispensing pharmacy and stored in accordance with the manufacturer's recommendations and
(ii)kept in a separate area from other drugs or devices held by the facility;
(d)The drug or device being delivered is not a controlled substance;
(e)A drug or device that is not picked up within thirty days after delivery is donated or destroyed by the facility or returned to the pharmacy and is not eligible for a refund of any amount paid;
(f)The facility has implemented a written policy relating to the donation or destruction of a drug or device that is not picked up by a patient or caregiver within thirty days after delivery to the facility; and
(g)The facility maintains documentation of the delivery of a drug or device under this subsection, including the date received, the name of the pharmacy, the name of the patient, the signature and printed name of the individual picking up the drug or device, the date it was picked up, and the date of donation, destruction, or return to a pharmacy.
(2)A facility other than a pharmacy, acting in accordance with subsection
(1)of this section, shall not be liable for the contents of a drug or device delivered to a patient.
(3)The decision to accept a drug or device for delivery to a patient rests solely with the receiving facility.
(4)The department, with the recommendation of the board, may adopt and promulgate rules and regulations for the administration of this section.