(1) Every practitioner who is authorized to administer or professionally use controlled substances shall keep a record of such controlled substances received by him or her and a record of all such controlled substances administered or professionally used by him or her, other than by medical order issued by a practitioner authorized to prescribe, in accordance with subsection (4) of this section.
(2) Manufacturers, wholesalers, distributors, and reverse distributors shall keep records of all controlled substances compounded, mixed, cultivated, grown, or by any other process produced or prepared and of all controlled substances received and disposed of by them, in accordance with subsection (4) of this section.
(3) Pharmacies shall keep records of all controlled substances received and disposed of by them, in accordance with subsection (4) of this section.
(4)(a) The record of controlled substances received shall in every case show (i) the date of receipt, (ii) the name, address, and Drug Enforcement Administration number of the person receiving the controlled substances, (iii) the name, address, and Drug Enforcement Administration number of the person from whom received, (iv) the kind and quantity of controlled substances received, (v) the kind and quantity of controlled substances produced or removed from process of manufacture, and (vi) the date of such production or removal from process of manufacture.
(b) The record shall in every case show the proportion of morphine, cocaine, or ecgonine contained in or producible from crude opium or coca leaves received or produced. The record of all controlled substances sold, administered, dispensed, or otherwise disposed of shall show the date of selling, administering, or dispensing, the name and address of the person to whom or for whose use or the owner and species of animal for which the controlled substances were sold, administered, or dispensed, and the kind and quantity of controlled substances. For any lost, destroyed, or stolen controlled substances, the record shall list the kind and quantity of such controlled substances and the discovery date of such loss, destruction, or theft.
(c) Every such record shall be kept for a period of five years from the date of the transaction recorded.
(5) Any person authorized to compound controlled substances shall comply with section 38-2867.01.
Notes of Decisions
Cited in
15
cases, 1936–2013 · leading case:
State v. Levell, 149 N.W.2d 46 (Neb. 1967).
State v. Levell, 149 N.W.2d 46 (Neb. 1967).
· cites it 18× “Defendant was charged and convicted by a jury of a violation of subsection (2), section 28-411, R. S. Supp., 1965. He was sentenced to a period of 3 years in the Nebraska Penal and Correctional Complex, from which he appeals.”
State v. Wiedeman, 835 N.W.2d 698 (Neb. 2013).
· cites it 2× “A legitimate request for prescription information or records by a public official responsible for safeguarding public health and safety, subject to safeguards against further dissemination of those records, does not impermissibly invade any 14th Amendment right to privacy.”
State v. Cowan, 285 N.W.2d 113 (Neb. 1979).
· cites it 2× “Defendant Cowan was found guilty in the county *709 court of Box Butte County of having, on September 10, 1978, in violation of section 28-411, R. R. S. 1943, committed an assault upon one Dusty Roebuck and was sentenced to a term of 14 days in the county jail.”
Schleif v. State, 270 N.W. 510 (Neb. 1936).
· cites it 2× “In the district court for Thayer county, Ed Sehleif hereinafter called defendant, was convicted under the provisions of section 28-411, Comp. St. 1929. From the order of the trial court overruling his motion for a new trial, he prosecutes error to this court.”
State v. Cardin, 231 N.W.2d 328 (Neb. 1975).
· cites it 4× “Bojanski, were all charged in the county court of Cass County, Nebraska, with committing the misdemeanor offense of assault and battery in violation of section 28-411, R. S. Supp., 1974. The judge of that court found the codefendants not guilty, but found defendant, Lloyd A.”
Kirkendall v. State, 42 N.W.2d 374 (Neb. 1950).
· cites it 2× “In that connection, the penalty provided by section 28-411, R. R. S. 1943, upon conviction for- assault and battery, is a fine not exceeding $100, or imprisonment in the county jail not exceeding three months.”
State v. Wright, 243 N.W.2d 66 (Neb. 1976).
· cites it 2× “Section 28-411, R. S. Supp., 1974, authorizes imprisonment in the county jail “not exceeding six months” on the charge involved here.”
State v. Brauner, 223 N.W.2d 152 (Neb. 1974).
· cites it 2× “Defendant was charged under section 28-411, R. S. Supp., 1972, which provides: “* * * whoever unlawfully assaults or threatens another in a menacing manner, or unlawfully strikes or wounds another shall, upon conviction thereof, be fined in any sum not exceeding five hundred…”
Jurgenson v. State, 88 N.W.2d 129 (Neb. 1958).
· cites it 2× “This constituted an assault within the contemplation of section 28-411, R. R. S. 1943. In Turpit v.”
Sanders v. Sanders, 96 N.W.2d 218 (Neb. 1959).
“§ 28-411, R. R. S. 1943. It is true,' as appellant asserts, that there are many things specified in the' Juvenile Court Act which constitute child delinquency within the meaning of that act "and that a proper complaint thereunder must set forth facts showing that the accused…”
State v. Holland, 161 N.W.2d 862 (Neb. 1968).
“” § 28-411, R. S. Supp., 1967. Regarding the subsection, defendant asserts unreasonable classification, special legislation, and deprivation of equal protection and due process in violation of the Fourteenth Amendment to the Constitution of the United States, and Article I,…”
Wolff v. State, 108 N.W.2d 410 (Neb. 1961).
“§ 28-411, R. R. S. 1943. The defendant’s first two assignments of error are without merit.”
— Neb. Rev. Stat. § 28-411(2) — 1 case
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