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Nebraska Legislative Response

Addresses prescription opioid abuse by adopting and strengthening an electronic prescription drug monitoring program; relaxing rules for administering life-saving, overdose reversing drugs; and granting immunity from prosecution for drug crimes related to individuals who call for help during an apparent overdose.

THE OPIOID EPIDEMIC: Nebraska’s response to a national crisis | A Legislative Research Office Backgrounder

LB 237, Laws 2011

  • Initiated a prescription drug monitoring program.

LB 1072, Laws 2014

  • Created the Prescription Drug Monitoring Fund and allowed DHHS to receive state funds, grants, and gifts to establish and operate a monitoring program.

LB 390, Laws 2015

  • Provides immunity from administrative and criminal liability for specific groups of persons using naloxone on individuals who are or appear to be overdosing on opioids, thereby allowing naloxone to be used by persons outside of a hospital, clinic, or other emergency setting.
  • Removes the threat of administrative action or criminal liability from health professionals when prescribing, administering, or dispensing naloxone to (1) a person who is apparently experiencing or who is likely to experience an opioid-related overdose or (2) a family member, friend, or other person in a position to assist a person who is apparently experiencing or who is likely to experience an opioid-related overdose.
  • Protects family members, friends, or others who administer naloxone obtained from a health professional provided the person administering it acts in good faith.
  • Exempts emergency responders and peace officers from administrative action and criminal prosecution, when acting in good faith, they obtain naloxone from their respective agencies and administer it to overdose victims.

LB 471, Laws 2016

  • Provided structure for Nebraska’s drug monitoring program.
  • January 2017, bill required every dispensed prescription for a controlled substance to be reported by the dispenser or the dispenser’s designee to the drug monitoring program.
  • January 2018, bill required all prescription information to be reported.

LB 223, Laws 2017

  • Established training requirements for users of the monitoring program.
  • July 1, 2018, prescribing veterinarians are required to enter controlled substance prescriptions dispensed from their offices.

LB 487, Laws 2017

  • Extends limited legal immunity from prosecution under criminal drug laws to individuals who call for help when they or another person overdose. The call must be made in good faith and as soon as the drug overdose is apparent. When emergency medical assistance is requested for another, the caller must remain on the scene until help arrives and cooperate with the emergency medical responders and law enforcement personnel.

LB 931, Laws 2018

  • Creates a seven-day duration cap on a prescription for an opiate issued to a person under the age of 19.
  • Directs physicians to discuss the risk of addiction with patients who are receiving opiates.
  • Requires photo ID for persons receiving dispensed opiates.