71-5403 Drug product selection; when.
71-5403. Drug product selection; when.(1) A pharmacist may drug product select except when:(a) A practitioner designates that drug product selection is not permitted by specifying on the prescription or by telephonic, facsimile, or electronic transmission that there shall be no drug product selection. For written prescriptions, the practitioner shall specify in his or her own handwriting on the prescription the phrase "no drug product selection", "dispense as written", "brand medically necessary", or "no generic substitution" or the notation "N.D.P.S.", "D.A.W.", or "B.M.N." or words or notations of similar import to indicate that drug product selection is not permitted. The pharmacist shall note "N.D.P.S.", "D.A.W.", "B.M.N.", "no drug product selection", "dispense as written", "brand medically necessary", "no generic substitution", or words or notations of similar import on the prescription to indicate that drug product selection is not permitted if such is communicated orally by the prescribing practitioner; or(b) A patient or designated representative or caregiver of such patient instructs otherwise.(2) A pharmacist shall not drug product select a drug product unless:(a) The drug product, if it is in solid dosage form, has been marked with an identification code or monogram directly on the dosage unit;(b) The drug product has been labeled with an expiration date;(c) The manufacturer, distributor, or packager of the drug product provides reasonable services, as determined by the board, to accept the return of drug products that have reached their expiration date; and(d) The manufacturer, distributor, or packager maintains procedures for the recall of unsafe or defective drug products. SourceLaws 1977, LB 103, § 3; Laws 1978, LB 689, § 2; Laws 1983, LB 476, § 22; Laws 1989, LB 353, § 1; Laws 1991, LB 363, § 1; Laws 1998, LB 1073, § 149; Laws 1999, LB 828, § 174; Laws 2003, LB 667, § 16; Laws 2005, LB 382, § 12; Laws 2007, LB247, § 54; Laws 2009, LB195, § 83.Effective Date: August 30, 2009