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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 887
Introduced by Hallstrom, 1; Riepe, 12.
Read first time January 08, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to public health and welfare; to amend1
sections 38-2871, 81-6,101, 81-6,106, and 81-6,107, Reissue Revised2
Statutes of Nebraska, section 38-2852, Revised Statutes Cumulative3
Supplement, 2024, and section 38-2866.01, Revised Statutes4
Supplement, 2025; to change requirements relating to licensure5
examinations for pharmacists, supervision of pharmacy technicians6
and pharmacist interns, and transfer of prescriptions between7
pharmacies; to eliminate a report under the Parkinson's Disease8
Registry Act; to harmonize provisions; to repeal the original9
sections; and to outright repeal section 81-6,103, Reissue Revised10
Statutes of Nebraska. 11
Be it enacted by the people of the State of Nebraska,12
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Section 1. Section 38-2852, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
38-2852 Every applicant for licensure as a pharmacist shall be3
required to attain a passing grade to be determined by the board in an4
examination in pharmacy and in an examination in jurisprudence of5
pharmacy. The jurisprudence examination may occur at a time, before or6
after graduation, as determined by the accredited pharmacy program7
attended by the applicant. 8
Sec. 2. Section 38-2866.01, Revised Statutes Supplement, 2025, is9
amended to read: 10
38-2866.01 (1) A pharmacist may supervise any combination of11
pharmacy technicians and pharmacist interns at any time up to a total of12
four people. 13
(2) A pharmacist intern shall be supervised at all times while14
performing the functions of a pharmacist intern which may include all15
aspects of the practice of pharmacy unless otherwise restricted. This16
subsection does not apply to a pharmacist intern who is receiving17
experiential training directed by the accredited pharmacy program in18
which he or she is enrolled. 19
(3) For any pharmacist supervising four pharmacy technicians or20
pharmacist interns, at least one individual person shall be a certified21
pharmacy technician pursuant to section 38-2890. 22
Sec. 3. Section 38-2871, Reissue Revised Statutes of Nebraska, is23
amended to read: 24
38-2871 (1) Original prescription information for any controlled25
substances listed in Schedule III, IV, or V of section 28-405 and other26
prescription drugs or devices not listed in section 28-405 may be27
transferred between pharmacies for the purpose of refill dispensing on a28
one-time basis, except that pharmacies electronically sharing a real-29
time, online database may transfer up to the maximum refills permitted by30
law and as authorized by the prescribing practitioner on the31
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prescription. Transfers are subject to the following:1
(a) The transfer is communicated directly between two pharmacists or2
pharmacist interns except when the pharmacies can use a real-time, online3
database; 4
(b) The transferring pharmacist or pharmacist intern indicates void5
on the record of the prescription; 6
(c) The transferring pharmacist or pharmacist intern indicates on7
the record of the prescription the name, the address, and, if a8
controlled substance, the Drug Enforcement Administration number of the9
pharmacy to which the information was transferred, the name of the10
pharmacist or pharmacist intern receiving the information, the date of11
transfer, and the name of the transferring pharmacist or pharmacist12
intern; 13
(d) The receiving pharmacist or pharmacist intern indicates on the14
record of the transferred prescription that the prescription is15
transferred; 16
(e) The transferred prescription includes the following information:17
(i) The date of issuance of the original prescription;18
(ii) The original number of refills authorized;19
(iii) The date of original dispensing; 20
(iv) The number of valid refills remaining; 21
(v) The date and location of last refill; and22
(vi) The name, the address, and, if a controlled substance, the Drug23
Enforcement Administration number of the pharmacy from which the transfer24
was made, the name of the pharmacist or pharmacist intern transferring25
the information, the original prescription number, and the date of26
transfer; and 27
(f) Both the original and transferred prescriptions must be28
maintained by the transferring and receiving pharmacy for a period of29
five years from the date of transfer. 30
(2) Prescription drugs or devices not listed in section 28-405 may31
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be transferred between pharmacies for the purpose of refill dispensing if1
(a) the number of transfers does not exceed the number of originally2
authorized refills and (b) the original prescription is still valid.3
(3) (2) Nothing in this section shall prevent a pharmacist from4
forwarding an original prescription for a noncontrolled substance to5
another pharmacy at the request of the patient or the patient’s6
caregiver. An original prescription for a controlled substance shall not7
be forwarded to another pharmacy unless permitted under 21 C.F.R.8
1306.25. 9
Sec. 4. Section 81-6,101, Reissue Revised Statutes of Nebraska, is10
amended to read: 11
81-6,101 The department shall: 12
(1) Adopt and promulgate rules and regulations, including a uniform13
system of classification of Parkinson's disease which is consistent with14
medically and clinically accepted standards and definitions for use in15
reporting by medical personnel treating the disease;16
(2) Execute any contracts that the department deems necessary to17
carry out the Parkinson's Disease Registry Act; 18
(3) Receive and record the data obtained from a report reports filed19
under section sections 81-6,102 and 81-6,103; and 20
(4) Comply with all necessary requirements to obtain funds or21
grants. 22
Sec. 5. Section 81-6,106, Reissue Revised Statutes of Nebraska, is23
amended to read: 24
81-6,106 Nothing in the Parkinson's Disease Registry Act requires a25
physician or pharmacist to deny medical treatment or services to an26
individual who refuses to provide the information necessary to make a27
complete report as reports required under section 81-6,102 or 81-6,103.28
Sec. 6. Section 81-6,107, Reissue Revised Statutes of Nebraska, is29
amended to read: 30
81-6,107 Any physician or pharmacist required to make a report31
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reports under section 81-6,102 or 81-6,103 is immune from liability,1
civil, criminal, or otherwise, for filing an incomplete report as a2
result of the failure of an individual to provide the information3
necessary to make such report. 4
Sec. 7. Original sections 38-2871, 81-6,101, 81-6,106, and5
81-6,107, Reissue Revised Statutes of Nebraska, section 38-2852, Revised6
Statutes Cumulative Supplement, 2024, and section 38-2866.01, Revised7
Statutes Supplement, 2025, are repealed. 8
Sec. 8. The following section is outright repealed: Section9
81-6,103, Reissue Revised Statutes of Nebraska. 10
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