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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 796
Introduced by DeKay, 40.
Read first time January 07, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to the Pharmacy Practice Act; to amend section1
38-2850, Reissue Revised Statutes of Nebraska; to change provisions2
relating to the practice of pharmacy; and to repeal the original3
section. 4
Be it enacted by the people of the State of Nebraska,5
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Section 1. Section 38-2850, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
38-2850 As authorized by the Uniform Credentialing Act, the practice3
of pharmacy may be engaged in by a pharmacist, a pharmacist intern, or a4
practitioner with a pharmacy license. The practice of pharmacy shall not5
be construed to include any of the following: 6
(1) Practitioners, other than veterinarians, certified nurse7
midwives, certified registered nurse anesthetists, nurse practitioners,8
and physician assistants, who dispense drugs or devices as an incident to9
the practice of their profession, except that if such practitioner10
engages in dispensing such drugs or devices to his or her patients for11
which such patients are charged, such practitioner shall obtain a12
pharmacy license; 13
(2) Persons who sell, offer, or expose for sale nonprescription14
drugs or proprietary medicines, the sale of which is not in itself a15
violation of the Nebraska Liquor Control Act; 16
(3) Medical representatives, detail persons, or persons known by17
some name of like import, but only to the extent of permitting the18
relating of pharmaceutical information to health care professionals;19
(4) Licensed veterinarians practicing within the scope of their20
profession; 21
(5) Certified nurse midwives, certified registered nurse22
anesthetists, nurse practitioners, and physician assistants who dispense23
sample medications which are provided by the manufacturer and are24
dispensed at no charge to the patient; 25
(6) Optometrists who prescribe or dispense eyeglasses or contact26
lenses to their own patients, including contact lenses that contain and27
deliver ocular pharmaceutical agents as authorized under the Optometry28
Practice Act, and ophthalmologists who prescribe or dispense eyeglasses29
or contact lenses to their own patients, including contact lenses that30
contain and deliver ocular pharmaceutical agents; 31
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(7) Registered nurses or licensed practical nurses employed by a1
hospital who administer pursuant to a chart order, or procure for such2
purpose, single doses of drugs or devices from original drug or device3
containers or properly labeled repackaged or prepackaged drug or device4
containers to persons registered as patients and within the confines of5
the hospital; 6
(8) Persons employed by a facility where dispensed drugs and devices7
are delivered from a pharmacy for pickup by a patient or caregiver and no8
dispensing or storage of drugs or devices occurs; 9
(9) Persons who sell or purchase medical products, compounds,10
vaccines, or serums used in the prevention or cure of animal diseases and11
maintenance of animal health if such medical products, compounds,12
vaccines, or serums are not sold or purchased under a direct, specific,13
written medical order of a licensed veterinarian; 14
(10) A person accredited by an accrediting body who, pursuant to a15
medical order, (a) administers, dispenses, or distributes medical gas or16
medical gas devices to patients or ultimate users or (b) purchases or17
receives medical gas or medical gas devices for administration,18
dispensing, or distribution to patients or ultimate users; and19
(11) A person accredited by an accrediting body who, pursuant to a20
medical order, (a) sells, delivers, or distributes devices described in21
subsection (2) of section 38-2841 to patients or ultimate users or (b)22
purchases or receives such devices with intent to sell, deliver, or23
distribute to patients or ultimate users. 24
Sec. 2. Original section 38-2850, Reissue Revised Statutes of25
Nebraska, is repealed. 26
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