71-2447.01.

Automated pickup kiosk; license; required; procedure; use; pharmacist in charge; duties; applicability of section.

(1) In order for an automated pickup kiosk to be operated by, or under the authority of, a pharmacy located in Nebraska and licensed under the Health Care Facility Licensure Act, the pharmacist in charge of the licensed pharmacy shall annually license the automated pickup kiosk. An automated pickup kiosk may be operated in connection with a licensed pharmacy if it is located on property owned or leased by the pharmacy or a hospital, a facility operated by a hospital, a health clinic as defined in section 71-416, a health care practitioner facility as defined in section 71-414, or a rural emergency hospital as defined in section 71-428.01 within which the licensed pharmacy operates, whether placed within the interior of the building or affixed to, or situated on, the exterior of the building or property.

(2) The pharmacist in charge of a licensed pharmacy shall submit an application for licensure or renewal of licensure to the Division of Public Health of the Department of Health and Human Services with a fee in an amount determined by the Board of Pharmacy, not to exceed two hundred dollars for initial licensure or fifty dollars for a renewal of licensure. The application shall include:

(a) The name and location of the licensed pharmacy;

(b) The physical location of the automated pickup kiosk; and

(c) The name of the pharmacist in charge of the licensed pharmacy.

(3) As part of the application process, the division shall conduct an inspection of the automated pickup kiosk by a pharmacy inspector as provided in section 38-28,101. The division shall also conduct inspections of the operation of the automated pickup kiosk as necessary.

(4) The division shall license an automated pickup kiosk which meets the licensure requirements of this section.

(5) A pharmacist in charge of a licensed pharmacy shall apply for a separate license for each location at which it operates one or more automated pickup kiosks. The licensed pharmacy shall be the provider pharmacy for the automated pickup kiosk.

(6) The pharmacist in charge of the licensed pharmacy operating an automated pickup kiosk shall:

(a) Identify a pharmacist responsible for the operation, supervision, and development of policies and procedures for the automated pickup kiosk. Compliance with this subdivision shall be sufficient if the pharmacist monitors the automated pickup kiosk electronically and keeps records of compliance with this requirement for a period of five years;

(b) Implement the policies and procedures developed to comply with section 71-2447;

(c) Assure compliance with the prescription drug storage and record-keeping requirements of the Pharmacy Practice Act;

(d) Assure compliance with the labeling requirements described in subsection (7) of this section;

(e) Develop and implement policies for the verification of a prescription drug by a pharmacist prior to being loaded into an automated pickup kiosk or for the verification of a prescription drug by a pharmacist prior to being released to a patient or caregiver; and

(f) Assure that each prescription drug is reviewed by a pharmacist prior to the release of a drug by an automated pickup kiosk.

(7) Each prescription drug dispensed from an automated pickup kiosk shall meet the labeling requirements applicable to prescription drugs dispensed by a licensed pharmacist pursuant to section 71-2479.

(8) An automated pickup kiosk shall not dispense or make available prescription medication to a patient or caregiver unless pharmacist care has been offered and made available in a manner consistent with section 38-2869.

(9) An automated pickup kiosk that is located outside a fully enclosed building shall not be placed in a manner that exposes medications to adverse environmental conditions or to security risks, unless the Board of Pharmacy determines, through rule or case-specific approval, that the automated pickup kiosk employs environmental controls and physical security measures sufficient to protect medication integrity and prevent diversion.

(10) An automated pickup kiosk operated in accordance with this section shall not store, dispense, or otherwise make available a controlled substance as defined in section 28-401 or federal law except an automated pickup kiosk operated by, or under the authority of, a hospital pharmacy as defined in section 71-419.01 and that is located in the hospital or facility operated by a hospital.

(11) This section does not apply to a long-term care automated pharmacy or an automated medication system operated in a long-term care facility under section 71-2451.