Standing orders under state law
Does Nebraska law let a medic push scheduled drugs on standing orders, the way the DEA rule assumes?
- Status
- Yes
- Citation
- Neb. Rev. Stat. § 38-1214; § 38-1217(9); § 28-401(21)
- Detail
- Nebraska defines a standing order in statute as a direct order from the physician medical director, directs the EMS board to provide for their use, and separately names an emergency medical service as a practitioner permitted to administer controlled substances.
Partly supported
Nebraska answers this more squarely than most states, across two acts. The Emergency Medical Services Practice Act defines standing orders at § 38-1214 and at § 38-1217(9) directs the board to 'Provide for the use of physician medical directors, qualified physician surrogates, model protocols, standing orders, operating procedures, and guidelines', which the physician medical director may modify for their own service. The controlled-substance half comes from the Uniform Controlled Substances Act, whose definition of practitioner at § 28-401(21) closes with 'or any other person licensed, registered, or otherwise permitted to distribute, dispense, prescribe, conduct research with respect to, or administer a controlled substance in the course of practice or research in this state, including an emergency medical service as defined in section 38-1207'. An EMS agency is thus a practitioner for controlled-substance purposes and its personnel act on the medical director's standing orders. quote_supports is partial only because the two halves sit in different statutes.
Source quotation
Standing order means a direct order from the physician medical director to perform certain tasks for a patient under a specific set of circumstances.
dhhs.ne.gov · State statute