2006 Nebraska Revised Statutes - § 71-1,151 — Permit and licensure provisions; transition from prior law.

Section 71-1,151
Permit and licensure provisions; transition from prior law.

(1) For purposes of sections 71-1,142, 71-1,143, and 71-1,147, the use of the term license as it relates to a pharmacy shall be construed to mean (a) any permit to operate a pharmacy issued by the department prior to January 1, 2002, pursuant to sections 71-1,147.01 to 71-1,147.12 as such sections existed on December 31, 2001, and (b) any license to operate a pharmacy issued by the department on and after January 1, 2002, pursuant to the Health Care Facility Licensure Act.

(2) With respect to the operation and regulation of pharmacies on and after January 1, 2002:

(a) A permit to operate a pharmacy issued prior to January 1, 2002, under sections 71-1,142 to 71-1,147.59 as such sections existed on December 31, 2001, shall be valid and effective for the term of the permit unless revoked or its effectiveness is otherwise terminated as provided by law and shall be deemed a license issued under the Health Care Facility Licensure Act;

(b) All rules, regulations, and orders of the department adopted prior to January 1, 2002, under sections 71-1,142 to 71-1,147.59 as such sections existed on December 31, 2001, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law; and

(c) No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to January 1, 2002, under sections 71-1,142 to 71-1,147.59 as such sections existed on December 31, 2001, shall abate by reason of the change in regulation of pharmacies due to the enactment of the Health Care Facility Licensure Act.

(3) With respect to the operation and regulation of persons dispensing pursuant to a drug dispensing permit on and after May 1, 2001:

(a) A drug dispensing permit for a public health clinic or a dialysis drug or device distributor issued prior to such date under sections 71-1,147.39 to 71-1,147.61, as such sections existed prior to May 1, 2001, shall be valid and effective for the term of the permit unless revoked or its effectiveness is otherwise terminated as provided by law and shall be deemed to be a delegated dispensing permit;

(b) All rules, regulations, and orders adopted by the department concerning drug dispensing permits prior to May 1, 2001, under sections 71-1,142 to 71-1,147.61, as such sections existed prior to May 1, 2001, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law; and

(c) No suit, action, or other proceeding, judicial or administrative, concerning drug dispensing permits which was lawfully commenced prior to May 1, 2001, under sections 71-1,142 to 71-1,147.61, as such sections existed prior to May 1, 2001, shall abate by reason of the enactment of Laws 2001, LB 398.

(4) This section terminates on January 1, 2003.

Source:

Laws 2001, LB 398, § 64

Termination date January 1, 2003

Cross References:

Health Care Facility Licensure Act,see section 71-401.

~Reissue Revised Statutes of Nebraska