AGO 97034.

CourtNebraska
Nebraska Attorney General Opinions 1997. AGO 97034. DATE: June 10, 1997SUBJECT: Neb. Rev. Stat. § 71-1721 (1996); Controlled Substance Prescribing Authority of Advanced Registered Nurse Practitioners REQUESTED BY: Deb Thomas, Director Department of Health and Human Services Regulation and LicensureWRITTEN BY: Don Stenberg, Attorney General James D. Smith, Assistant Attorney General QUESTIONS You have asked the following questions concerning Neb. Rev. Stat. § 71-1721: 1. Aside from the limitations in Schedule II, are Advanced Registered Nurse Practitioners ("ARNPs") authorized under Nebraska law to prescribe controlled substances in Schedules III, IV, and V? 2. Are ARNPs authorized under Nebraska law to dispense sample medications which are controlled substances? 3. If the answer to No. 2 is in the affirmative, which schedules of sample medications controlled are ARNPs authorized to dispense? CONCLUSIONS: 1. Yes, ARNPs are authorized under Nebraska law to prescribe Schedule III, IV, and V controlled substances provided the prescribing ARNP has a current controlled substance registration from the Department as required by Neb. Rev. Stat. § 28-407. 2. Yes, an ARNP with a current controlled substance registration may dispense, incident to practice only, sample controlled substances which are provided by the manufacturer and are provided at no charge to the patient. 3. Schedule III, IV, and V controlled substance samples may be dispensed. Dispensing of any Schedule II samples is permitted only for a maximum 72 hour supply for purposes of pain control. ANALYSIS: Neb. Rev. Stat. § 71-1721 provides in relevant part as follows: . . . . Advanced registered nurse practitioner practice shall mean health promotion, health supervision, illness prevention and diagnosis, treatment, and management of common health problems and chronic conditions, including: . . . (2) Dispensing, incident to practice only, sample medications which are provided by the manufacturer and are provided at no charge to the patient; and (3) Prescribing therapeutic measures and medications, except controlled substances listed in Schedule II of section 28-405 not otherwise provided for in this section, related to health conditions within the scope of practice. An advanced registered nurse practitioner may prescribe controlled substances listed in Schedule II of section...

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