71-7447 Wholesale drug distributor; licenses; requirements; exemptions.
71-7447. Wholesale drugdistributor; licenses; requirements; exemptions.(1)No person or entity may act as a wholesale drug distributor in this statewithout first obtaining a wholesale drug distributor license from the department.The department shall issue a license to any applicant that satisfies the requirementsfor licensure under the Wholesale Drug Distributor Licensing Act. Manufacturersare exempt from any licensing and other requirements of the act to the extentnot required by federal law or regulation except for those requirements deemednecessary and appropriate under rules and regulations adopted and promulgatedby the department.(2) Wholesale medical gas distributors shall be exempt fromany licensing and other requirements of the Wholesale Drug Distributor LicensingAct to the extent not required under federal law but shall be licensed aswholesale drug distributors by the department for the limited purpose of engagingin the wholesale distribution of medical gases upon application to the department,payment of a licensure fee, and inspection of the applicant's facility bythe department, except that the applicant may submit and the department mayaccept an inspection accepted in another state or an inspection conductedby a nationally recognized accreditation program approved by the board. Forpurposes of such licensure, wholesale medical gas distributors shall onlybe required to provide information required under subdivisions (1)(a) through(1)(c) of section 71-7448.(3) The Wholesale Drug Distributor Licensing Act does notapply to:(a) An agent or employee of a licensed wholesale drug distributorwho possesses drug samples when such agent or employee is acting in the usualcourse of his or her business or employment; or(b) Any person who (i) engages in a wholesale transactionrelating to the manufacture, distribution, sale, transfer, or delivery ofmedical gases the gross dollar value of which does not exceed five percentof the total retail sales of medical gases by such person during the immediatelypreceding calendar year and (ii) has either a pharmacy permit or license or a delegated dispensing permit or is exempt from the practice of pharmacyunder subdivision (12) of section 38-2850. SourceLaws 1992, LB 1019, § 17; Laws 1997, LB 752, § 198; Laws 2001, LB 398, § 84; Laws 2003, LB 242, § 148; R.S.1943, (2003), § 71-7417; Laws 2006, LB 994, § 21; Laws 2010, LB849, § 27.Operative Date: July 15, 2010