172 Neb. Admin. Code, ch. 131, § 009

Current through June 17, 2024
Section 172-131-009 - GROUNDS ON WHICH THE DEPARTMENT MAY DENY, REFUSE RENEWAL OF, OR DISCIPLINE A WHOLESALE DRUG DISTRIBUTOR LICENSE

Grounds are set out in Neb. Rev. Stat. § 38-178, § 38-179, § 71-7461 and this chapter.

(A) Unprofessional conduct which includes:
(i) Misrepresentation or fraud in the conduct of a wholesale drug distribution facility; or
(ii) Knowingly purchasing or receiving prescription drugs from any source other than a person or entity licensed or exempt from licensure pursuant to the Wholesale Drug Distributor Licensing Act, except transfers for emergency medical reasons. This will not apply to returns or recalls, misshipments, misorders, or damaged goods;
(B) Failure of the licensee to maintain and make available to the Department or to Federal, State, or local law enforcement officials, records required by this chapter;
(C) Falsification of a pedigree;
(D) The purchase or receipt of a prescription drug from a person that is not licensed to wholesale distribute prescription drugs to that purchaser or recipient;
(E) The sale or transfer of a prescription drug to a person who is not legally authorized to receive a prescription drug;
(F) The failure to obtain, authenticate, or pass on a pedigree when required under these rules;
(G) The receipt of a prescription drug pursuant to a wholesale drug distribution without first receiving a pedigree, when required, that was attested to as accurate and complete by the wholesale drug distributor; or
(H) The distributing or wholesale drug distributing of a prescription drug that was previously dispensed by a pharmacy or distributed by a practitioner.

172 Neb. Admin. Code, ch. 131, § 009

Amended effective 9/20/2023