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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1211
Introduced by Riepe, 12.
Read first time January 21, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to the Automated Medication Systems Act; to1
amend section 71-2444, Reissue Revised Statutes of Nebraska, and2
section 71-2449, Revised Statutes Cumulative Supplement, 2024; to3
provide requirements for automated medication systems operated by4
certain pharmacies; to harmonize provisions; and to repeal the5
original sections. 6
Be it enacted by the people of the State of Nebraska,7
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Section 1. Section 71-2444, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
71-2444 Sections 71-2444 to 71-2452 and section 3 of this act shall3
be known and may be cited as the Automated Medication Systems Act.4
Sec. 2. Section 71-2449, Revised Statutes Cumulative Supplement,5
2024, is amended to read: 6
71-2449 (1) An automated medication distribution machine:7
(a) Is subject to the requirements of section 71-2447 and, if it is8
in a long-term care automated pharmacy, is subject to section 71-2451;9
and 10
(b) Subject to section 71-2451, may be operated or used in a11
hospital, long-term care facility, or assisted-living facility for12
medication administration pursuant to a chart order or prescription by a13
licensed health care professional; and . 14
(c) Subject to section 71-2447 and section 3 of this act, may be15
operated in connection with a pharmacy located on property owned or16
leased by the licensed pharmacy, whether within the interior of the17
pharmacy building or affixed to, or situated on, the exterior of the18
building. 19
(2) Drugs placed in an automated medication distribution machine20
shall be in the manufacturer's original packaging or in containers21
repackaged in compliance with state and federal laws, rules, and22
regulations relating to repackaging, labeling, and record keeping.23
(3) The inventory which is transferred to an automated medication24
distribution machine in a hospital shall be excluded from the percent of25
total prescription drug sales revenue described in section 71-7454.26
Sec. 3. (1) In order for an automated medication system to be27
operated by, or under the authority of, a pharmacy licensed under the28
Health Care Facility Licensure Act and located in Nebraska, the29
pharmacist in charge of the licensed pharmacy shall annually license the30
automated medication system when such system is located on property owned31
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or leased by the licensed pharmacy, whether within the interior of the1
pharmacy building or affixed to, or situated on, the exterior of the2
building. 3
(2) The pharmacist in charge of a licensed pharmacy shall submit an4
application for licensure or renewal of licensure to the Division of5
Public Health of the Department of Health and Human Services with a fee6
in an amount determined by the Board of Pharmacy, not to exceed fifty7
dollars. The application shall include: 8
(a) The name and location of the licensed pharmacy;9
(b) The physical location of the automated medication system,10
affirming that it is located on property owned or leased by the licensed11
pharmacy, whether within the interior of the pharmacy building or affixed12
to, or situated on, the exterior of the building; and13
(c) The name of the pharmacist in charge of the licensed pharmacy.14
(3) As part of the application process, the division shall conduct15
an inspection of the automated medication system by a pharmacy inspector16
as provided in section 38-28,101. The division shall also conduct17
inspections of the operation of the automated medication system as18
necessary. 19
(4) The division shall license an automated medication system which20
meets the licensure requirements of this section. 21
(5) A pharmacist in charge of a licensed pharmacy shall apply for a22
separate license for each location at which it operates one or more23
automated medication systems. The licensed pharmacy shall be the provider24
pharmacy for the automated medication system. 25
(6) The pharmacist in charge of the licensed pharmacy operating an26
automated medication system shall: 27
(a) Identify a pharmacist responsible for the operation,28
supervision, and development of policies and procedures of the automated29
medication system. Compliance with this subdivision shall be sufficient30
if the pharmacist monitors the automated medication system electronically31
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and keeps records of compliance with this requirement for a period of1
five years; 2
(b) Implement the policies and procedures developed to comply with3
section 71-2447; 4
(c) Assure compliance with the prescription drug storage and record5
keeping requirements of the Pharmacy Practice Act; 6
(d) Assure compliance with the labeling requirements described in7
subsection (7) of this section; 8
(e) Develop and implement policies for the verification of a9
prescription drug by a pharmacist prior to being loaded into an automated10
medication system or for the verification of a prescription drug by a11
pharmacist prior to being released to a patient or caregiver; and12
(f) Assure that each prescription drug is reviewed by a pharmacist13
prior to the release of a drug by an automated medication system;14
(7) Each prescription drug dispensed from an automated medication15
system shall meet the labeling requirements applicable to prescription16
drugs dispensed by a licensed pharmacist pursuant to section 71-2479.17
(8) An automated medication system shall not dispense or make18
available prescription medication to a patient or caregiver unless19
pharmacist care has been offered and made available in a manner20
consistent with section 38-2869. 21
(9) An automated medication system that is located outside a fully22
enclosed building shall not be placed in a manner that exposes23
medications to adverse environmental conditions or to security risks,24
unless the Board of Pharmacy determines, through rule or case-specific25
approval, that the automated medication system employs environmental26
controls and physical security measures sufficient to protect medication27
integrity and prevent diversion. 28
(10) An automated medication system operated in accordance with this29
section shall not store, dispense, or otherwise make available a30
controlled substance as defined under state or federal law.31
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(11) This section does not apply to a long-term care automated1
pharmacy or an automated medication system operated in a long-term care2
facility under section 71-2451. 3
Sec. 4. Original section 71-2444, Reissue Revised Statutes of4
Nebraska, and section 71-2449, Revised Statutes Cumulative Supplement,5
2024, are repealed. 6
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