71-2421 Return of dispensed drugs and devices; conditions.
71-2421. Return of dispensed drugs and devices; conditions.(1) To protect the public safety, dispensed drugs or devices may be returned to the dispensing pharmacy only under the following conditions:(a) For immediate destruction by a pharmacist, except that drugs and devices dispensed to residents of a long-term care facility shall be destroyed on the site of the long-term care facility;(b) In response to a recall by the manufacturer, packager, or distributor;(c) If a device is defective or malfunctioning; or(d) Return from a long-term care facility for credit, except that:(i) No controlled substance may be returned;(ii) The decision to accept the return of the dispensed drug or device shall rest solely with the pharmacist;(iii) The dispensed drug or device shall have been in the control of the long-term care facility at all times;(iv) The dispensed drug or device shall be in the original and unopened labeled container with a tamper-evident seal intact, as dispensed by the pharmacy. Such container shall bear the expiration date or calculated expiration date and lot number; and(v) Tablets or capsules shall have been dispensed in a unit dose with a tamper-evident container which is impermeable to moisture and approved by the Board of Pharmacy.(2) Returned dispensed drugs or devices shall not be retained in inventory nor made available for subsequent dispensing, except as provided in subdivision (1)(d) of this section.(3) For purposes of this section:(a) Calculated expiration date means an expiration date on the prepackaged product which is not greater than twenty-five percent of the time between the date of repackaging and the expiration date of the bulk container nor greater than six months from the date of repackaging;(b) Dispense, drugs, and devices are defined in the Pharmacy Practice Act; and(c) Long-term care facility does not include an assisted-living facility as defined in section 71-406. SourceLaws 1999, LB 333, § 1; Laws 2001, LB 398, § 74; Laws 2002, LB 1062, § 53; Laws 2007, LB247, § 51; Laws 2007, LB463, § 1199. Cross ReferencesPharmacy Practice Act, see section 38-2801.