Neb. Rev. Stat. § 71-4202 — NE Code / Chapter 71 / Section 71-4202
View Statute 71-4202
Status: in_force

The Legislature finds that:

(1) Stroke is the fifth leading cause of death and the leading cause of disability according to the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services;

(2) Forecasting by the American Heart Association predicts stroke prevalence to increase by twenty-four and nine-tenths percent between 2010 and 2030;

(3) The cost of stroke continues to increase as total hospital charges for stroke in Nebraska increased by more than fifty-four million dollars between 2001 and 2010, from fifty-four million dollars to one hundred eight million dollars, with the average charge per stroke hospitalization at thirty-one thousand dollars in 2010 according to the 2011 Nebraska Heart Disease and Stroke Prevention Program and Data Summary by the Nebraska Department of Health and Human Services;

(4) The rapid identification, diagnosis, and treatment of stroke can save the lives of stroke patients and in some cases reverse neurological damage such as paralysis and speech and language impairments;

(5) An effective system is needed in Nebraska communities in order to treat stroke patients in a timely manner and to improve the overall outcomes of stroke patients; and

(6) Creation and enhancement of stroke systems of care provide patients the highest quality care while ensuring seamless transitions along the care continuum.

Laws 2016, LB722, § 2.
Neb. Rev. Stat. § 71-6309 — NE Code / Chapter 71 / Section 71-6309
View Statute 71-6309
Status: in_force

(1) In the event of an emergency in which, in the opinion of the department, there is created a situation of present and severe danger which poses an immediate threat to the public health, safety, and welfare, the department may waive the requirement for licensure of an individual or business entity upon application and payment of the fee prescribed by the department. Such emergency waiver shall be limited to the time required to take protective measures.

(2) The department may, on a case-by-case basis, approve an alternative to a specific worker protection requirement for an asbestos project if the business entity submits a written description of the alternative procedure and demonstrates to the department's satisfaction that the proposed alternative procedure provides equivalent protection to the health, safety, and welfare of all classes of asbestos occupations and the general public.

(3) If the business entity is not primarily engaged in asbestos projects, the department may waive the requirement for a license upon application and payment of the fee prescribed by the department if worker protection requirements are met or an alternative procedure is approved pursuant to subsection (2) of this section and the health, safety, and welfare of the general public is protected.

Laws 1986, LB 1051, § 9;

Laws 1988, LB 1073, § 8;

Laws 2007, LB296, § 656;

Laws 2007, LB463, § 1249.
Neb. Rev. Stat. § 71-8501 — NE Code / Chapter 71 / Section 71-8501
View Statute 71-8501
Status: in_force

Sections 71-8501 to 71-8508 shall be known and may be cited as the Nebraska Telehealth Act.

Laws 1999, LB 559, § 1.
Neb. Rev. Stat. § 71-6601 — NE Code / Chapter 71 / Section 71-6601
View Statute 71-6601
Status: in_force

It is the intent of the Legislature that quality health care be provided to all citizens of the state who receive home health aide services through a licensed home health agency. A method of accomplishing quality health care is to ensure adequate training of unlicensed personnel who provide home health aide services by establishing minimum standards for training, evaluation, and supervision. The purpose of sections 71-6601 to 71-6615 is to establish requirements for the provision of home health aide services.

Laws 1988, LB 1100, § 116;

Laws 1991, LB 703, § 53.
Neb. Rev. Stat. § 71-6039.03 — NE Code / Chapter 71 / Section 71-6039.03
View Statute 71-6039.03
Status: in_force

(1) The department may prescribe a curriculum for training paid dining assistants and may adopt and promulgate rules and regulations for such courses of training. Such courses shall be no less than eight hours in duration. The department may approve courses of training for paid dining assistants that meet the requirements of this section. Nursing homes may carry out approved courses of training and competency evaluation programs at the nursing home. Training of paid dining assistants shall be administered by a licensed registered nurse.

(2) Courses of training and competency evaluation programs for paid dining assistants shall include:

(a) Feeding techniques;

(b) Assistance with feeding and hydration;

(c) Communication and interpersonal skills;

(d) Appropriate responses to resident behavior;

(e) Safety and emergency procedures, including the abdominal thrust maneuver;

(f) Infection control;

(g) Resident rights;

(h) Recognizing changes in residents that are inconsistent with their normal behavior and the importance of reporting those changes to the supervisory nurse;

(i) Special needs; and

(j) Abuse and neglect, including the responsibility to report suspected abuse or neglect pursuant to sections 28-372 and 28-711 .

(3) This section shall not prohibit any facility from exceeding the minimum hourly or training requirements.

Laws 2004, LB 1005, § 117.
Neb. Rev. Stat. § 71-5304.01 — NE Code / Chapter 71 / Section 71-5304.01
View Statute 71-5304.01
Status: in_force

(1) Whenever the director has reason to believe that a violation of any provision of the Nebraska Safe Drinking Water Act, any rule or regulation adopted and promulgated under such act, or any term of a variance or exemption issued pursuant to section 71-5310 has occurred, he or she may cause an administrative order to be served upon the permittee or permittees alleged to be in violation. Such order shall specify the violation and the facts alleged to constitute a violation and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any such order shall become final unless the permittee or permittees named in the order request in writing a hearing before the director no later than thirty days after the date such order is served. In lieu of such order, the director may require that the permittee or permittees appear before the director at a time and place specified in the notice and answer the charges. The notice shall be served on the permittee or permittees alleged to be in violation not less than thirty days before the time set for the hearing.

(2) Whenever the director finds that an emergency exists requiring immediate action to protect the public health and welfare concerning a material which is determined by the director to be harmful or potentially harmful to human health, the director may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the director deems necessary to meet the emergency. Such order shall be effective immediately. Any person to whom such order is directed shall comply immediately and, on written application to the director, shall be afforded a hearing as soon as possible and not later than ten days after receipt of such application by such affected person. On the basis of such hearing, the director shall continue such order in effect, revoke it, or modify it.

(3) The director shall afford to the alleged violator an opportunity for a fair hearing before the director under the Administrative Procedure Act.

(4) In addition to any other remedy provided by law, the director may issue an order assessing an administrative penalty upon a violator.

(5) The range of administrative penalties assessed under this section for a public water system serving ten thousand or more persons shall be not less than one thousand dollars per day or part thereof for each violation, not to exceed twenty-five thousand dollars in the aggregate. Administrative penalties for a public water system serving fewer than ten thousand persons shall be not more than five hundred dollars per day or part thereof for each violation, not to exceed five thousand dollars in the aggregate. In determining the amount of the administrative penalty, the department shall take into consideration all relevant circumstances, including, but not limited to, the harm or potential harm which the violation causes or may cause, the violator's previous compliance record, the nature and persistence of the violation, any corrective actions taken, and any other factors which the department may reasonably deem relevant. The administrative penalty assessment shall state specific amounts to be paid for each violation identified in the order.

but not limited to, the harm or potential harm which the violation causes or may cause, the violator's previous compliance record, the nature and persistence of the violation, any corrective actions taken, and any other factors which the department may reasonably deem relevant. The administrative penalty assessment shall state specific amounts to be paid for each violation identified in the order.

(6) An administrative penalty shall be paid within sixty days after the date of issuance of the order assessing the penalty. Any person who fails to pay an administrative penalty by the final due date shall be liable to the state for the penalty amount plus any statutory interest rate applicable to judgments. An order under this section imposing an administrative penalty may be appealed to the director in the manner provided for in subsection (1) of this section. Any administrative penalty paid pursuant to this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. An action may be brought in the appropriate court to collect any unpaid administrative penalty and for attorney's fees and costs incurred directly in the collection of the penalty.

Laws 1988, LB 383, § 5;

Laws 1996, LB 1044, § 714;

Laws 1997, LB 517, § 19;

Laws 2001, LB 667, § 33;

Laws 2007, LB296, § 611;

Laws 2012, LB723, § 2.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 71-8909 — NE Code / Chapter 71 / Section 71-8909
View Statute 71-8909
Status: in_force

Veterinary drug distributor means any person or entity that engages in the distribution of veterinary legend drugs in the State of Nebraska other than a pharmacy or a veterinarian licensed under the Uniform Credentialing Act acting within the scope of practice of veterinary medicine and surgery as defined in section 38-3312 .

Laws 2008, LB1022, § 9;

Laws 2009, LB463, § 12.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-6833 — NE Code / Chapter 71 / Section 71-6833
View Statute 71-6833
Status: in_force

Except as provided under section 81-2010 , all forensic DNA laboratories performing work on behalf of the state or a political subdivision shall be accredited by the American Society of Crime Laboratory Directors-LAB-Laboratory Accreditation Board or the National Forensic Science Technology Center or by any other national accrediting body or public agency which has requirements that are substantially equivalent to or more comprehensive than those of the society or center.

Laws 2001, LB 432, § 5.
Neb. Rev. Stat. § 71-5719 — NE Code / Chapter 71 / Section 71-5719
View Statute 71-5719
Status: in_force

Employed means hired, contracted, subcontracted, or otherwise engaged to furnish goods or services.

Laws 2008, LB395, § 4.
Neb. Rev. Stat. § 71-8212 — NE Code / Chapter 71 / Section 71-8212
View Statute 71-8212
Status: in_force

Designated rehabilitation centers means advanced, intermediate, or general level rehabilitation centers.

Laws 1997, LB 626, § 12;

Laws 2015, LB46, § 4.
Neb. Rev. Stat. § 71-6201 — NE Code / Chapter 71 / Section 71-6201
View Statute 71-6201
Status: in_force

Sections 71-6201 to 71-6229 shall be known and may be cited as the Nebraska Regulation of Health Professions Act.

Laws 1985, LB 407, § 1;

Laws 1988, LB 384, § 1;

Laws 1993, LB 536, § 102;

Laws 2012, LB834, § 3.
Neb. Rev. Stat. § 71-6319.32 — NE Code / Chapter 71 / Section 71-6319.32
View Statute 71-6319.32
Status: in_force

Person means any natural or judicial person, including any individual, corporation, partnership, or association, any state, or political subdivision thereof, any interstate body, and any department, agency, or instrumentality of the United States Government.

Laws 1999, LB 863, § 34.
Neb. Rev. Stat. § 71-7444 — NE Code / Chapter 71 / Section 71-7444
71-7444
Status: in_force

(1) Wholesale drug distribution means the distribution of prescription drugs to a person other than a consumer or patient.

(2) Wholesale drug distribution does not include:

(a) Intracompany sales of prescription drugs, including any transaction or transfer between any division, subsidiary, or parent company and an affiliated or related company under common ownership or common control;

(b) The sale, purchase, or trade of or an offer to sell, purchase, or trade a prescription drug by a charitable organization described in section 501(c)(3) of the Internal Revenue Code, a state, a political subdivision, or any other governmental agency to a nonprofit affiliate of the organization, to the extent otherwise permitted by law;

(c) The sale, purchase, or trade of or an offer to sell, purchase, or trade a prescription drug among hospitals or other health care entities operating under common ownership or common control;

(d) The sale, purchase, or trade of or an offer to sell, purchase, or trade a prescription drug for emergency medical reasons or for a practitioner to use for routine office procedures, not to exceed five percent of sales as provided in section 71-7454 ;

(e) The sale, purchase, or trade of, an offer to sell, purchase, or trade, or the dispensing of a prescription drug pursuant to a prescription;

(f) The distribution of drug samples by representatives of a manufacturer or of a wholesale drug distributor;

(g) The sale, purchase, or trade of blood and blood components intended for transfusion;

(h) The delivery of or the offer to deliver a prescription drug by a common carrier solely in the usual course of business of transporting such drugs as a common carrier if the common carrier does not store, warehouse, or take legal ownership of such drugs; or

(i) The restocking of prescription drugs by a hospital for an emergency medical service as defined in section 38-1207 if the emergency medical service transports a patient to the hospital and such drugs were used for the patient prior to or during transportation of such patient to such hospital.

(3) Except as provided in subdivision (2)(c) of this section, wholesale drug distribution includes (a) the restocking of prescription drugs by a hospital for an emergency medical service as defined in section 38-1207 if such prescription drugs were not used for a patient prior to or during transportation to such hospital or (b) the general stocking of prescription drugs for an emergency medical service as defined in section 38-1207 .

Laws 1992, LB 1019, § 12;

Laws 1995, LB 574, § 60;

R.S.1943, (2003), § 71-7412;

Laws 2006, LB 994, § 18;

Laws 2015, LB37, § 90;

Laws 2020, LB1002, § 48.
Neb. Rev. Stat. § 71-6326 — NE Code / Chapter 71 / Section 71-6326
View Statute 71-6326
Status: in_force

(1) An individual shall not be eligible to work on an abatement project unless the individual holds a license issued by the department.

(2) The department shall issue the following classes of licenses: Worker, supervisor, inspector, risk assessor, visual lead-hazard advisor, elevated blood-lead level inspector, and project designer. To qualify for a license of a particular class, an individual shall have (a) successfully completed a training course approved or administered by the department, (b) passed an examination approved or administered by the department with at least the minimum score prescribed by the department, and (c) for the classes of worker and supervisor, been examined by a physician within the preceding year and declared by the physician to be physically capable of working while wearing a respirator.

(3) An individual holding such a certificate on December 1, 2008, shall be deemed to be holding a license under the Residential Lead-Based Paint Professions Practice Act and the Uniform Credentialing Act on such date. The certificate holder may continue to practice under such certificate as a license in accordance with such acts until the certificate would have expired under its terms.

Laws 1994, LB 1210, § 174;

Laws 1997, LB 752, § 196;

Laws 1999, LB 863, § 47;

Laws 2007, LB463, § 1277.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-9003 — NE Code / Chapter 71 / Section 71-9003
View Statute 71-9003
Status: in_force

For purposes of the Domestic Violence and Sex Trafficking Survivor Assistance Act:

(1) Department means the Department of Health and Human Services;

(2) Housing-related assistance includes rental payments, utility payments, security and utility deposits, and other related costs and payments;

(3) Qualified third party means an organization that:

(a) Is a nonprofit organization organized under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or a federally recognized Indian tribe with a governmental body in this state; and

(b) Has an affiliation agreement with the Department of Health and Human Services to provide services to victims of domestic violence and sexual assault under the Protection from Domestic Abuse Act, or provides direct services to victims of trafficking;

(4) Sex trafficking survivor means a person subjected to sex trafficking as defined in section 28-830 or sex trafficking of a minor as defined in section 28-830 ; and

(5) Victim of domestic violence means a victim of any of the following:

(a) Abuse as defined in section 42-903 ;

(b) Domestic assault under section 28-323 ;

(c) Sexual assault and sexual assault of a child under sections 28-319 to 28-320.01 ; and

(d) Stalking under section 28-311.03 .

Laws 2025, LB78, § 2.

Protection from Domestic Abuse Act, see section 42-901 .
Neb. Rev. Stat. § 71-8247 — NE Code / Chapter 71 / Section 71-8247
View Statute 71-8247
Status: in_force

The board shall establish a committee for each trauma region to maintain a trauma system quality assurance program established and maintained by the health care facilities designated as advanced, basic, comprehensive, and general level trauma centers. The quality assurance program shall evaluate trauma data quality, trauma care delivery, patient care outcomes, and compliance with the Statewide Trauma System Act. The regional medical director shall participate in the program and all health care providers and facilities which provide trauma care services within the region shall be invited to participate in the quality assurance program.

Laws 1997, LB 626, § 47;

Laws 2009, LB195, § 107;

Laws 2023, LB227, § 116.
Neb. Rev. Stat. § 71-5664 — NE Code / Chapter 71 / Section 71-5664
View Statute 71-5664
Status: in_force

In screening applicants for financial incentives, the commission shall consider the following factors:

(1) Motivation to practice in a health profession shortage area in Nebraska;

(2) Motivation and preference toward an approved specialty; and

(3) Other factors that would influence a choice to practice in a health profession shortage area in Nebraska.

The commission shall select recipients who are most likely to practice in a health profession shortage area in Nebraska.

Laws 1991, LB 400, § 15;

Laws 1994, LB 1223, § 61;

Laws 1996, LB 1155, § 52.
Neb. Rev. Stat. § 71-5324 — NE Code / Chapter 71 / Section 71-5324
View Statute 71-5324
Status: in_force

(1) All loans made under the Drinking Water State Revolving Fund Act shall be made only to owners of public water systems that:

(a) Meet the requirements of financial, technical, and managerial capability set by the department;

(b) Pledge sufficient revenue sources for the repayment of the loan if such revenue may by law be pledged for that purpose;

(c) In the case of a privately owned public water system, pledge sufficient revenue, collateral, or other security for the repayment of the loan;

(d) Agree to maintain financial records according to generally accepted government accounting principles and to conduct an audit of the financial records according to generally accepted government auditing standards; and

(e) Provide a written assurance, signed by an attorney holding an active license to practice in the State of Nebraska, that the recipient has proper title, easements, and rights-of-way to the property on or through which the safe drinking water project is to be constructed or extended.

(2) Loans made for the construction of a safe drinking water project shall be made only to owners of public water systems which meet the conditions of subsection (1) of this section and, in addition, that:

(a) Require the contractor of the project to post separate performance and payment bonds or other security approved by the department in the amount of the bid;

(b) Provide a written notice of completion and start of operation of the safe drinking water project;

(c) Employ a registered professional engineer to provide and be responsible for engineering services on the project such as an engineering report, construction contract documents, observation of construction, and startup services; and

(d) Agree to operate and maintain the safe drinking water project so that it will function properly over the structural and material design life.

Laws 1997, LB 517, § 13;

Laws 2001, LB 667, § 48.
Neb. Rev. Stat. § 71-5311.01 — NE Code / Chapter 71 / Section 71-5311.01
View Statute 71-5311.01
Status: in_force

The failure or inability of any public water system to receive funds under the Drinking Water State Revolving Fund Act or any other loan or grant program or any delay in obtaining the funds shall not alter the obligation of the system to comply in a timely manner with the Nebraska Safe Drinking Water Act and rules and regulations adopted and promulgated under the act.

Laws 1997, LB 517, § 22;

Laws 2001, LB 667, § 43.

Drinking Water State Revolving Fund Act, see section 71-5314 .
Neb. Rev. Stat. § 71-8233 — NE Code / Chapter 71 / Section 71-8233
View Statute 71-8233
Status: in_force

Trauma care regions means geographic areas established by the department under section 71-8250 .

Laws 1997, LB 626, § 33.
Neb. Rev. Stat. § 71-8711 — NE Code / Chapter 71 / Section 71-8711
View Statute 71-8711
Status: in_force

No person shall disclose the actions, decisions, proceedings, discussions, or deliberations occurring at a meeting of a patient safety organization except to the extent necessary to carry out one or more of the purposes of a patient safety organization. The proceedings and records of a patient safety organization shall not be subject to discovery or introduction into evidence in any civil action against a provider arising out of the matter or matters that are the subject of consideration by a patient safety organization. Information, documents, or records otherwise available from original sources shall not be immune from discovery or use in any civil action merely because they were presented during proceedings of a patient safety organization. This section shall not be construed to prevent a person from testifying to or reporting information obtained independently of the activities of a patient safety organization or which is public information. A person who knowingly violates this section shall be guilty of a Class IV misdemeanor.

Laws 2005, LB 361, § 11.
Neb. Rev. Stat. § 71-6319.01 — NE Code / Chapter 71 / Section 71-6319.01
View Statute 71-6319.01
Status: in_force

For purposes of the Residential Lead-Based Paint Professions Practice Act, the definitions found in sections 71-6319.02 to 71-6319.40 apply.

Laws 1999, LB 863, § 3;

Laws 2007, LB463, § 1262.
Neb. Rev. Stat. § 71-5212 — NE Code / Chapter 71 / Section 71-5212
View Statute 71-5212
Status: in_force

The University of Nebraska Medical Center and the Creighton University Medical Center shall each develop a separate plan to increase the number of graduates from its medical center who enter a primary care postgraduate residency training program. Each report shall include numerical goals and timeframes for such increases. Each medical center shall request input from the Nebraska Rural Health Advisory Commission in the formation of the plans.

Laws 1994, LB 1223, § 71;

Laws 1996, LB 1155, § 44.
Neb. Rev. Stat. § 71-7607 — NE Code / Chapter 71 / Section 71-7607
View Statute 71-7607
Status: in_force

(1) The Nebraska Medicaid Intergovernmental Trust Fund is created. The fund shall include revenue received from governmental nursing facilities receiving payments for nursing facility services under the medical assistance program established pursuant to the Medical Assistance Act. The Department of Health and Human Services shall remit such revenue to the State Treasurer for credit to the fund. The department shall adopt and promulgate rules and regulations to establish procedures for participation by governmental nursing facilities and for the receipt of such revenue under this section. Money from the Nebraska Medicaid Intergovernmental Trust Fund shall be transferred to the Nebraska Health Care Cash Fund as provided in section 71-7611 .

(2) The department may use revenue in the Nebraska Medicaid Intergovernmental Trust Fund to offset any unanticipated reductions in medicaid funds received under this section.

(3) Any money in the Nebraska Medicaid Intergovernmental Trust Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Laws 1998, LB 1070, § 3;

Laws 2000, LB 1427, § 5;

Laws 2001, LB 541, § 4;

Laws 2001, LB 692, § 15;

Laws 2001, Spec. Sess., LB 3, § 3;

Laws 2003, LB 412, § 5;

Laws 2004, LB 1091, § 5;

Laws 2006, LB 1061, § 10;

Laws 2006, LB 1248, § 79;

Laws 2007, LB296, § 677.

Medical Assistance Act, see section 68-901 .

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-7441 — NE Code / Chapter 71 / Section 71-7441
71-7441
Status: in_force

Prescription drug means any human drug required by federal law or regulation to be dispensed only by prescription, including finished dosage forms and active ingredients subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act, as such section existed on August 1, 2006.

Laws 1992, LB 1019, § 11;

R.S.1943, (2003), § 71-7411;

Laws 2006, LB 994, § 15.
Neb. Rev. Stat. § 71-7704 — NE Code / Chapter 71 / Section 71-7704
View Statute 71-7704
Status: in_force

(1) Within five working days after receipt of an application for a certificate of public advantage, the department shall publish notice of the application through public channels and shall notify health care facilities providing similar services in the area affected by the proposal and any person who has requested such notice. The notice shall state that an application has been received, describe the proposal, and state the date by which a person may submit written comments about the application to the department.

(2) The department shall, within fifteen days after the date an application is received, determine if the application is complete for the purposes of review. The department may find that an application is incomplete when a question on the application form has not been answered in whole or in part or has been answered in a manner that does not fairly meet the question addressed or when the application does not include attachments of supporting documents necessary to complete the answer. If the department determines that an application is incomplete, it shall notify the applicant within fifteen days after the date the application was received, stating the reasons for its determination of incompleteness with reference to the particular questions for which a deficiency is noted.

(3) The department may, during the course of its review, hold a public meeting at which any person may introduce testimony and exhibits in connection with an application. The department decision to hold a public meeting shall be made within fifteen days after the department's dissemination of notice pursuant to subsection (1) of this section. The meeting shall be held no later than thirty days after the department's decision to hold a public meeting and upon five days' notice, not including days the application is deemed to be incomplete.

(4) The department shall review the application in accordance with the standards set forth in section 71-7706 and may hold a public hearing in accordance with rules and regulations of the department. Persons may intervene if any legal rights, duties, privileges, or other legal interests may be substantially affected by the application. The department may adopt and promulgate rules and regulations for such intervention. The department shall consult with the Attorney General regarding his or her evaluation of any potential reduction in competition resulting from a cooperative agreement.

Laws 1994, LB 1223, § 114.
Neb. Rev. Stat. § 71-8237 — NE Code / Chapter 71 / Section 71-8237
View Statute 71-8237
Status: in_force

The State Trauma Advisory Board shall:

(1) Advise the department regarding trauma care needs throughout the state;

(2) Advise the Board of Emergency Medical Services regarding trauma care to be provided throughout the state by emergency medical services;

(3) Review proposed departmental rules and regulations for trauma care; and

(4) Recommend modifications in rules regarding trauma care.

Laws 1997, LB 626, § 37;

Laws 2009, LB195, § 99;

Laws 2020, LB1002, § 52;

Laws 2023, LB227, § 108.
Neb. Rev. Stat. § 71-8913 — NE Code / Chapter 71 / Section 71-8913
View Statute 71-8913
Status: in_force

(1) Any person or entity that acts as a veterinary drug distributor in this state shall obtain a veterinary drug distributor license from the department prior to engaging in distribution of veterinary legend drugs in or into this state.

(2) An applicant for an initial or renewal license as a veterinary drug distributor shall file a written application with the department. The application shall be accompanied by the fee established by the department pursuant to section 71-8918 and shall include the following information:

(a) The applicant's name, business address, type of business entity, and telephone number. If the applicant is a partnership, the application shall include the name of each partner and the name of the partnership. If the applicant is a corporation, the application shall include the name and title of each corporate officer and director, all corporate names of the applicant, and the applicant's state of incorporation. If the applicant is a sole proprietorship, the application shall include the name of the sole proprietor, the name of the proprietorship, and the proprietor's social security number. The social security number shall not be a public record and may only be used by the department for administrative purposes;

(b) All trade or business names used by the applicant;

(c) The addresses and telephone numbers of all facilities to be used by the applicant for the storage, handling, and distribution of veterinary legend drugs and the names of persons to be in charge of such facilities. A separate license shall be obtained for each such facility;

(d) A listing of all licenses, permits, or other similar documentation issued to the applicant in any other state authorizing the applicant to purchase, possess, and distribute veterinary legend drugs;

(e) The names and addresses of the owner of the applicant's veterinary legend drug distribution facilities, a designated representative at each such facility, and all managerial employees at each such facility; and

(f) Other information as required by the department, including affirmative evidence of the applicant's ability to comply with the Veterinary Drug Distribution Licensing Act and the rules and regulations adopted under the act.

(3) The application shall be signed by:

(a) The owner, if the applicant is an individual or partnership;

(b) The member, if the applicant is a limited liability company with only one member, or two of its members, if the applicant is a limited liability company with two or more members; or

(c) Two of its officers, if the applicant is a corporation.

(4) A veterinary drug distributor holding a valid license issued pursuant to the Veterinary Drug Distribution Licensing Act shall have the authority to purchase, possess, or otherwise acquire veterinary legend drugs.

Laws 2008, LB1022, § 13.
Neb. Rev. Stat. § 71-8704 — NE Code / Chapter 71 / Section 71-8704
View Statute 71-8704
Status: in_force

For purposes of the Patient Safety Improvement Act, unless the context otherwise requires, the definitions found in sections 71-8705 to 71-8709 apply.

Laws 2005, LB 361, § 4.
Neb. Rev. Stat. § 71-7103 — NE Code / Chapter 71 / Section 71-7103
View Statute 71-7103
Status: in_force

The Legislature finds that emergency service personnel are potentially placed in a high-risk situation every time they are called upon to respond to an emergency since the extent of the emergency cannot be anticipated and the eventual outcome cannot be predicted. Since the services of emergency service personnel affect the public health, safety, and welfare, the Legislature declares that a critical incident stress management program designed to reduce critical incident stress experienced by such personnel would be in the public interest and would assist such personnel with the demands which occur in their work.

Laws 1991, LB 703, § 3;

Laws 1997, LB 184, § 3.
Neb. Rev. Stat. § 71-5731 — NE Code / Chapter 71 / Section 71-5731
View Statute 71-5731
Status: in_force

A proprietor of a place of employment or public place where smoking is prohibited under the Nebraska Clean Indoor Air Act shall take necessary and appropriate steps to ensure compliance with the act at such place.

Laws 2008, LB395, § 16.
Neb. Rev. Stat. § 71-8923 — NE Code / Chapter 71 / Section 71-8923
View Statute 71-8923
Status: in_force

A veterinary drug distributor shall not:

(1) Operate from a place of residence;

(2) Possess, sell, purchase, trade, or otherwise furnish controlled substances; and

(3) Possess, sell, purchase, trade, or otherwise furnish human legend drugs.

Laws 2008, LB1022, § 23.
Neb. Rev. Stat. § 71-5316 — NE Code / Chapter 71 / Section 71-5316
View Statute 71-5316
Status: in_force

For purposes of the Drinking Water State Revolving Fund Act, unless the context otherwise requires:

(1) Safe Drinking Water Act means the federal Safe Drinking Water Act, as the act existed on October 23, 2018;

(2) Construction means any of the following: Preliminary planning to determine the feasibility of a safe drinking water project for a public water system; engineering, architectural, legal, fiscal, or economic investigations or studies; surveys, designs, plans, working drawings, specifications, procedures, or other necessary preliminary actions; erection, building, acquisition, alteration, remodeling, improvement, or extension of public water systems; or the inspection or supervision of any of such items;

(3) Council means the Environmental Quality Council;

(4) Department means the Department of Water, Energy, and Environment;

(5) Director means the Director of Water, Energy, and Environment;

(6) Operate and maintain means all necessary activities, including the normal replacement of equipment or appurtenances, to assure the dependable and economical function of a public water system in accordance with its intended purpose;

(7) Owner means any person owning or operating a public water system;

(8) Public water system has the definition found in section 71-5301 ; and

(9) Safe drinking water project means the structures, equipment, surroundings, and processes required to establish and operate a public water system.

Laws 1997, LB 517, § 5;

Laws 2001, LB 667, § 45;

Laws 2019, LB302, § 91;

Laws 2019, LB307, § 1;

Laws 2025, LB317, § 380.
Neb. Rev. Stat. § 71-6801 — NE Code / Chapter 71 / Section 71-6801
View Statute 71-6801
Status: in_force

For purposes of sections 71-6801 to 71-6804 :

(1) Business means any:

(a) Sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability business, including a wholly owned subsidiary, majority-owned subsidiary, parent business, or affiliate of those entities or business associations that exists to make a profit; and

(b) Nonprofit organization;

(2) Domicile means the country where:

(a) A business is registered and headquartered;

(b) A business primarily completes its affairs; and

(c) The majority stake of ownership of a business is located;

(3) Foreign adversary means any foreign government specified in federal code 15 C.F.R. 791.4, as such regulation existed on April 1, 2025;

(4) Genetic sequencer means any device or platform used to conduct genetic sequencing, resequencing, isolation, or other genetic research;

(5) Genetic sequencing means any method used to determine the identity and order of nucleotide bases in the human genome;

(6) Human genome means deoxyribonucleic acid or ribonucleic acid found in human cells;

(7) Medical facility means a facility that provides any health service and:

(a) Receives any money from the State of Nebraska or the United States Government;

(b) Is registered with the State of Nebraska to provide any health care service; or

(c) Conducts research or testing on, with, or relating to genetic sequencing or the human genome;

(8) Operational and research software means any computer program used for any operation, control, analysis, or other necessary function of genetic sequencing or genetic sequencers;

(9) Research facility means a facility that conducts research on, with, or relating to genetic sequencing or the human genome; and

(10) Software means any program, routine, or set of one or more programs or routines that is used or intended for use to cause the performance of a task or set of tasks relating to genetic sequencing or genetic sequencers by any computer, computer-related peripheral equipment, or combination thereof.

Laws 2025, LB644, § 32.
Neb. Rev. Stat. § 71-7618 — NE Code / Chapter 71 / Section 71-7618
View Statute 71-7618
Status: in_force

During each fiscal year, the Department of Health and Human Services shall contract with the health clinics of Nebraska's federally recognized Native American tribes as approved by the tribal councils, Indian health organizations, or other public health organizations that have a substantial Native American clientele to provide educational and public health services pursuant to section 71-7617 . The department shall fund all eligible contracts until the appropriation to this program is depleted, but shall give priority to contracts which meet the following criteria:

(1) Programs or activities that directly impact the health and well-being of children;

(2) Programs or activities which serve the greater number of people over the longest period of time;

(3) Programs or activities that are part of a larger plan for strategic public health planning and implementation;

(4) Current programs or activities that have demonstrated success in improving public health or new programs or activities modeled on successful programs and activities; and

(5) Programs or activities that focus on primary prevention and show promise in reducing future health care expenditures.

Laws 1998, LB 1070, § 14;

Laws 2005, LB 301, § 58;

Laws 2007, LB296, § 681.
Neb. Rev. Stat. § 71-4824 — NE Code / Chapter 71 / Section 71-4824
View Statute 71-4824
Status: in_force

Sections 71-4824 to 71-4845 shall be known and may be cited as the Revised Uniform Anatomical Gift Act.

Laws 2010, LB1036, § 1.
Neb. Rev. Stat. § 71-8314 — NE Code / Chapter 71 / Section 71-8314
View Statute 71-8314
Status: in_force

Nothing in sections 71-8301 to 71-8314 is intended to authorize any certificate of need activities for facilities or to authorize the licensure of private practice health care services offices.

Laws 1998, LB 1073, § 120.
Neb. Rev. Stat. § 71-6215 — NE Code / Chapter 71 / Section 71-6215
View Statute 71-6215
Status: in_force

Practitioner shall mean an individual who has achieved knowledge and skill by the practice of a specified health profession and is actively engaged in such profession.

Laws 1985, LB 407, § 15.
Neb. Rev. Stat. § 71-5312.01 — NE Code / Chapter 71 / Section 71-5312.01
View Statute 71-5312.01
Status: in_force

(1) All rules and regulations adopted prior to July 1, 2021, under the Nebraska Safe Drinking Water Act shall continue to be effective to the extent not in conflict with the changes made by Laws 2021, LB148.

(2) All licenses, certificates, or other forms of approval issued prior to July 1, 2021, in accordance with the Nebraska Safe Drinking Water Act shall remain valid as issued for purposes of the changes made by Laws 2021, LB148, unless revoked or otherwise terminated by law.

(3) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to July 1, 2021, under the Nebraska Safe Drinking Water Act shall be subject to the provisions of the act as they existed prior to July 1, 2021.

Laws 2007, LB463, § 1230;

Laws 2021, LB148, § 80.
Neb. Rev. Stat. § 71-4601 — NE Code / Chapter 71 / Section 71-4601
View Statute 71-4601
Status: in_force

Sections 71-4601 to 71-4620.01 shall be known and may be cited as the Uniform Standard Code for Manufactured Homes and Recreational Vehicles.

Laws 1969, c. 557, § 1, p. 2272;

Laws 1975, LB 300, § 1;

Laws 1985, LB 313, § 5;

Laws 1998, LB 1073, § 127.
Neb. Rev. Stat. § 38-1232 — NE Code / Chapter 71 / Section 38-1232
38-1232
Status: in_force

(1) No emergency care provider, physician assistant, registered nurse, or licensed practical nurse who provides public emergency care shall be liable in any civil action to respond in damages as a result of his or her acts of commission or omission arising out of and in the course of his or her rendering in good faith any such care. Nothing in this subsection shall be deemed to grant any such immunity for liability arising out of the operation of any motor vehicle, aircraft, or boat or while such person was impaired by alcoholic liquor or any controlled substance enumerated in section 28-405 in connection with such care, nor shall immunity apply to any person causing damage or injury by his or her willful, wanton, or grossly negligent act of commission or omission.

(2) No qualified physician or qualified physician surrogate who gives orders, either orally or by communication equipment, to any emergency care provider at the scene of an emergency, no emergency care provider following such orders within the limits of his or her licensure, and no emergency care provider trainee in an approved training program following such orders, shall be liable civilly or criminally by reason of having issued or followed such orders but shall be subject to the rules of law applicable to negligence.

(3) No physician medical director shall incur any liability by reason of his or her use of any unmodified protocol, standing order, operating procedure, or guideline provided by the board pursuant to subdivision (9) of section 38-1217 .

Laws 1997, LB 138, § 23;

R.S.1943, (2003), § 71-5194;

Laws 2007, LB463, § 516;

Laws 2009, LB195, § 18;

Laws 2018, LB1034, § 28;

Laws 2020, LB1002, § 37.
Neb. Rev. Stat. § 71-6608.02 — NE Code / Chapter 71 / Section 71-6608.02
View Statute 71-6608.02
Status: in_force

If a competency evaluation is required by section 71-6603 , the home health agency shall be responsible for ensuring that the individuals who furnish home health aide services on its behalf meet the competency evaluation requirements of this section. A home health aide competency evaluation shall address each of the subjects listed in subdivisions (1)(b) through (1)(m) of section 71-6608.01 . The competency evaluation may be offered by any organization except as specified in subdivision (4) of such section. The competency evaluation shall be performed by a registered nurse. The subject areas listed in subdivisions (1)(c) and (1)(i) through (1)(k) of such section shall be evaluated after observation of the aide's performance of the tasks with a patient or other individual. The other subject areas in subdivision (1) of such section shall be evaluated through written examination or oral examination or after observation of a home health aide with a patient or other individual. A home health aide shall not be considered competent in any task for which he or she is evaluated as unsatisfactory, and the home health aide shall not perform that task without direct supervision by a Nebraska-licensed nurse until after he or she receives training in the task for which he or she was evaluated as unsatisfactory and subsequently is evaluated as satisfactory. A home health aide shall not be considered to have successfully passed a competency evaluation if the aide has been evaluated as unsatisfactory in more than one of the required areas. The home health agency shall maintain documentation which demonstrates that the requirements of this section are met.

Laws 1991, LB 703, § 60.
Neb. Rev. Stat. § 71-9501 — NE Code / Chapter 71 / Section 71-9501
View Statute 71-9501
Status: in_force

Sections 71-9501 to 71-9511 shall be known and may be cited as the Direct Primary Care Agreement Act.

Laws 2016, LB817, § 1.
Neb. Rev. Stat. § 71-8002 — NE Code / Chapter 71 / Section 71-8002
View Statute 71-8002
Status: in_force

It is the intent of the Legislature to provide legal recognition to the professional practice of industrial hygiene so as to provide assurance to government, business, private entities, and the public that a person who represents himself or herself as a certified industrial hygienist or a person who or an entity which represents that he, she, or it provides industrial hygiene services by or under the direction and supervision of a certified industrial hygienist is actually such individual or directly employs such individuals having the qualifications stated in the Certified Industrial Hygienist Title Protection Act.

Laws 1997, LB 558, § 2.
Neb. Rev. Stat. § 71-8304 — NE Code / Chapter 71 / Section 71-8304
View Statute 71-8304
Status: in_force

Facility means any organization which provides health care services or human services to members of the general public.

Laws 1998, LB 1073, § 110.
Neb. Rev. Stat. § 71-4827 — NE Code / Chapter 71 / Section 71-4827
View Statute 71-4827
Status: in_force

Subject to section 71-4831 , an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 71-4828 by:

(1) The donor, if the donor is an adult or if the donor is a minor and is:

(A) Emancipated; or

(B) Authorized under state law to apply for a driver's license and the donor is at least sixteen years of age;

(2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;

(3) A parent of the donor, if the donor is an unemancipated minor; or

(4) The donor's guardian.

Laws 2010, LB1036, § 4.
Neb. Rev. Stat. § 71-5307 — NE Code / Chapter 71 / Section 71-5307
View Statute 71-5307
Status: in_force

No public water system shall be issued or otherwise hold a permit to operate a public water system, granted by the department, unless its operator possesses a license issued by the department.

Laws 1976, LB 821, § 7;

Laws 2001, LB 667, § 38;

Laws 2007, LB463, § 1226.
Neb. Rev. Stat. § 71-7461 — NE Code / Chapter 71 / Section 71-7461
View Statute 71-7461
Status: in_force

It is unlawful for any person to commit or to permit, cause, aid, or abet the commission of any of the following acts in this state:

(1) Any violation of the Wholesale Drug Distributor Licensing Act or rules and regulations adopted and promulgated under the act;

(2) Providing the department, any of its representatives, or any federal official with false or fraudulent records or making false or fraudulent statements regarding any matter under the act;

(3) Obtaining or attempting to obtain a prescription drug by fraud, deceit, or misrepresentation or engaging in misrepresentation or fraud in the distribution of a prescription drug;

(4) Except for the wholesale distribution by manufacturers of a prescription drug that has been delivered into commerce pursuant to an application approved under federal law by the federal Food and Drug Administration, the manufacture, repackaging, sale, transfer, delivery, holding, or offering for sale of any prescription drug that is adulterated, misbranded, counterfeit, suspected of being counterfeit, or otherwise rendered unfit for distribution;

(5) Except for the wholesale distribution by manufacturers of a prescription drug that has been delivered into commerce pursuant to an application approved under federal law by the federal Food and Drug Administration, the adulteration, misbranding, or counterfeiting of any prescription drug;

(6) The receipt of any prescription drug that is adulterated, misbranded, stolen, obtained by fraud or deceit, counterfeit, or suspected of being counterfeit, and the delivery or proffered delivery of such drug for pay or otherwise; and

(7) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of a prescription drug or the commission of any other act with respect to a prescription drug that results in the prescription drug being misbranded.

Laws 2006, LB 994, § 35.
Neb. Rev. Stat. § 71-6723 — NE Code / Chapter 71 / Section 71-6723
View Statute 71-6723
Status: in_force

(1) A medication aide, a person licensed to operate a child care facility or a staff member of a child care facility, or a staff member of a school may provide routine medications by the following routes: (a) Oral; (b) inhalation; (c) topical; and (d) instillation into the eyes, ears, and nose.

(2) A medication aide, a person licensed to operate a child care facility or a staff member of a child care facility, or staff member of a school may provide medication by additional routes not listed in subsection (1) of this section, provide PRN medication, or participate in observing and reporting for monitoring medications only under the following conditions:

(a) A determination has been made by a competent individual, a caretaker, or a licensed health care professional and placed in writing that the medication aide, person licensed to operate a child care facility or staff member of a child care facility, or staff member of a school is competent to perform these activities; and

(b) It has been determined by a licensed health care professional and placed in writing that these activities can be done safely for a specified recipient.

Direction for additional routes not listed in subsection (1) of this section must be for recipient-specific procedures and must be in writing. Direction for PRN medication must be in writing and include the parameters for provision of the PRN medication. Direction for observing and reporting for monitoring medication must be in writing and include the parameters for the observation and reporting. A medication aide, a person licensed to operate a child care facility or a staff member of a child care facility, or a staff member of a school acting under this subsection shall comply with the written directions. Subdivision (b) of this subsection does not apply to nonprescription drugs when direction and monitoring is done by a competent individual for himself or herself or by a caretaker.

Laws 1998, LB 1354, § 13.
Neb. Rev. Stat. § 71-6730 — NE Code / Chapter 71 / Section 71-6730
View Statute 71-6730
Status: in_force

(1) The department may deny registration or refuse renewal of or remove a registration from the Medication Aide Registry for failure to meet the standards in section 71-6725 or for violation of the Medication Aide Act or the rules and regulations.

(2) If the department proposes to deny, refuse renewal of, or remove a registration, it shall send the applicant or registrant a notice setting forth the action to be taken and the reasons for the determination. The denial, refusal to renew, or removal shall become final thirty days after mailing the notice unless the applicant or registrant gives written notice to the department of his or her desire for an informal conference or for a formal hearing.

(3) Notice may be served by any method specified in section 25-505.01 , or the department may permit substitute or constructive service as provided in section 25-517.02 when service cannot be made with reasonable diligence by any of the methods specified in section 25-505.01 .

Laws 1998, LB 1354, § 20.
Neb. Rev. Stat. § 71-7617 — NE Code / Chapter 71 / Section 71-7617
View Statute 71-7617
Status: in_force

The Department of Health and Human Services shall contract with the health clinics of Nebraska's federally recognized Native American tribes, Indian health organizations, or other public health organizations that have a substantial Native American clientele to provide educational and public health services targeted to Native American populations. The following educational and public health services may be considered by the department for such contracts:

(1) Identification and enrollment of children in state and federal programs providing access to health insurance or health care;

(2) Efforts to educate children and adults about the health risks associated with smoking and tobacco use, alcohol abuse, and other substances that threaten health and well-being and other activities designed to reduce the rate of substance abuse;

(3) Prenatal care education for women and notification of programs that improve prenatal care;

(4) Education focusing on proper diet and the importance of physical activity to good health;

(5) Blood pressure and cholesterol screenings;

(6) Support of efforts to identify children and adults at risk for depression and other mental health conditions and provide mental health counseling to prevent suicide;

(7) Parenting classes and the promotion of such programs;

(8) Efforts to discourage drinking and driving and to encourage the use of seat belts;

(9) Tests and education for acquired immunodeficiency syndrome and other sexually transmitted diseases;

(10) Tests for pregnancy and referrals to prenatal care when directed;

(11) Educational efforts aimed at reducing teen pregnancies and other unintended pregnancies;

(12) Case management for pregnant women, children, or adults with special health care needs;

(13) Efforts to make health care prevention services more affordable or accessible;

(14) Matching funds for state and federal programs designed to address public health needs;

(15) Staffing needs for public health services or education including the recruitment and training of Native American providers;

(16) Cervical and breast cancer detection services and other prevention components of comprehensive women's health services;

(17) Education to prevent and reduce the occurrence of diabetes; and

(18) Other prevention or educational activities or programs that address the health, safety, or self-sufficiency of Native American persons.

Laws 1998, LB 1070, § 13;

Laws 2005, LB 301, § 57;

Laws 2007, LB296, § 680.
Neb. Rev. Stat. § 71-6016 — NE Code / Chapter 71 / Section 71-6016
View Statute 71-6016
Status: in_force

License shall mean a license to operate a nursing home issued under the Health Care Facility Licensure Act.

Laws 1983, LB 235, § 9;

Laws 2000, LB 819, § 123.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 71-8505 — NE Code / Chapter 71 / Section 71-8505
View Statute 71-8505
Status: in_force

(1) Prior to an initial telehealth consultation under section 71-8506 , a health care practitioner who delivers a health care service to a patient through telehealth shall ensure that the following written information is provided to the patient:

(a) A statement that the patient retains the option to refuse the telehealth consultation at any time without affecting the patient's right to future care or treatment and without risking the loss or withdrawal of any program benefits to which the patient would otherwise be entitled;

(b) A statement that all existing confidentiality protections shall apply to the telehealth consultation;

(c) A statement that the patient shall have access to all medical information resulting from the telehealth consultation as provided by law for patient access to his or her medical records; and

(d) A statement that dissemination of any patient identifiable images or information from the telehealth consultation to researchers or other entities shall not occur without the written consent of the patient.

(2) The patient shall sign a statement prior to or during an initial telehealth consultation, or give verbal consent during the telehealth consultation, indicating that the patient understands the written information provided pursuant to subsection (1) of this section and that this information has been discussed with the health care practitioner or the practitioner's designee.

(3) If the patient is a minor or is incapacitated or mentally incompetent such that he or she is unable to sign the statement or give verbal consent as required by subsection (2) of this section, such statement shall be signed, or such verbal consent given, by the patient's legally authorized representative.

(4) This section shall not apply in an emergency situation in which the patient is unable to sign the statement or give verbal consent as required by subsection (2) of this section and the patient's legally authorized representative is unavailable.

Laws 1999, LB 559, § 5;

Laws 2021, LB400, § 4;

Laws 2024, LB1215, § 38.
Neb. Rev. Stat. § 71-6319.09 — NE Code / Chapter 71 / Section 71-6319.09
View Statute 71-6319.09
Status: in_force

Licensed supervisor means an individual who has been trained by an accredited training program and licensed by the department to supervise and conduct abatement projects and to prepare occupant protection plans and abatement reports.

Laws 1999, LB 863, § 11;

Laws 2007, LB463, § 1269.
Neb. Rev. Stat. § 71-9602 — NE Code / Chapter 71 / Section 71-9602
View Statute 71-9602
Status: in_force

For purposes of the Investigational Drug Use Act:

(1) Advanced illness means any progressive disease or medical or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with administration of federally approved and available treatments, and that, without life-sustaining procedures, would likely result in death within six months;

(2) Eligible patient means a person who meets the requirements of section 71-9603 ;

(3) Health care provider has the same meaning as in section 71-7907 ;

(4) Investigational drug, biological product, or device means any drug, biological product, or device that has successfully completed phase one of a clinical trial but has not yet been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial approved by the United States Food and Drug Administration;

(5) Physician means any person who is licensed to practice medicine and surgery pursuant to the Medicine and Surgery Practice Act; and

(6) Written, informed consent means a writing which conforms to section 71-9604 .

Laws 2018, LB117, § 2.

Medicine and Surgery Practice Act, see section 38-2001 .
Neb. Rev. Stat. § 71-6725 — NE Code / Chapter 71 / Section 71-6725
View Statute 71-6725
Status: in_force

(1) The minimum competencies for a medication aide, a person licensed to operate a child care facility or a staff member of a child care facility, or a staff member of a school shall include (a) maintaining confidentiality, (b) complying with a recipient's right to refuse to take medication, (c) maintaining hygiene and current accepted standards for infection control, (d) documenting accurately and completely, (e) providing medications according to the five rights, (f) having the ability to understand and follow instructions, (g) practicing safety in application of medication procedures, (h) complying with limitations and conditions under which a medication aide may provide medications, and (i) having an awareness of abuse and neglect reporting requirements and any other areas as shall be determined by rules or regulations.

(2) The Department of Health and Human Services shall adopt and promulgate rules and regulations setting minimum standards for competencies listed in subsection (1) of this section and methods for competency assessment of medication aides. The Department of Health and Human Services shall adopt and promulgate rules and regulations setting methods for competency assessment of the person licensed to operate a child care facility or staff of child care facilities. The State Department of Education shall adopt and promulgate rules and regulations setting methods for competency assessment of the school staff member.

(3) A medication aide, except one who is employed by a nursing home, an intermediate care facility for persons with developmental disabilities, or an assisted-living facility, a person licensed to operate a child care facility or a staff member of a child care facility, or a staff member of a school shall not be required to take a course. The medication aide shall be assessed to determine that the medication aide has the competencies listed in subsection (1) of this section.

(4) A medication aide providing services in an assisted-living facility as defined in section 71-5903 , a nursing home, or an intermediate care facility for persons with developmental disabilities shall be required to have completed a forty-hour course on the competencies listed in subsection (1) of this section and competency standards established through rules and regulations as provided for in subsection (2) of this section, except that a medication aide who has, prior to January 1, 2003, completed a twenty-hour course and passed an examination developed and administered by the Department of Health and Human Services may complete a second twenty-hour course supplemental to the first twenty-hour course in lieu of completing the forty-hour course. The department shall adopt and promulgate rules and regulations regarding the procedures and criteria for curriculum. Competency assessment shall include passing an examination developed and administered by the department. Criteria for establishing a passing standard for the examination shall be established in rules and regulations.

(5) Medication aides providing services in nursing homes or intermediate care facilities for persons with developmental disabilities shall also meet the requirements set forth in section 71-6039 .

Laws 1998, LB 1354, § 15;

Laws 2000, LB 819, § 139;

Laws 2002, LB 1021, § 103;

Laws 2007, LB296, § 665;

Laws 2013, LB23, § 40;

Laws 2018, LB439, § 8.
Neb. Rev. Stat. § 71-8307 — NE Code / Chapter 71 / Section 71-8307
View Statute 71-8307
Status: in_force

Licensure means the permission granted by the state to provide health care services or human services to the public which would otherwise be unlawful without such permission and which is granted to facilities which meet prerequisite qualifications pertinent to public health, safety, and welfare.

Laws 1998, LB 1073, § 113.
Neb. Rev. Stat. § 71-8504 — NE Code / Chapter 71 / Section 71-8504
View Statute 71-8504
Status: in_force

The Nebraska Telehealth Act does not: (1) Alter the scope of practice of any health care practitioner; (2) authorize the delivery of health care services in a setting or manner not otherwise authorized by law; or (3) limit a patient's right to choose in-person contact with a health care practitioner for the delivery of health care services for which telehealth is available.

Laws 1999, LB 559, § 4.
Neb. Rev. Stat. § 71-5668 — NE Code / Chapter 71 / Section 71-5668
View Statute 71-5668
Status: in_force

Each loan repayment recipient shall execute an agreement with the department and a local entity. Such agreement shall be exempt from the requirements of the State Procurement Act and shall include, at a minimum, the following terms:

(1) The loan repayment recipient agrees to practice his or her profession, and a physician, psychiatrist, dentist, nurse practitioner, nurse anesthetist, dietitian nutritionist, or physician assistant also agrees to practice an approved specialty, in a designated health profession shortage area for at least three years, or the period required by subdivision (4)(c) of section 71-5663 , and to accept medicaid patients in his or her practice;

(2) In consideration of the agreement by the recipient, the State of Nebraska and a local entity within the designated health profession shortage area will provide equal funding for the repayment of the recipient's qualified educational debts except as provided in subdivision (5) of this section, in amounts up to thirty thousand dollars per year per recipient for physicians, psychiatrists, dentists, and psychologists and up to fifteen thousand dollars per year per recipient for physician assistants, nurse practitioners, nurse anesthetists, pharmacists, physical therapists, occupational therapists, dietitian nutritionists, and mental health practitioners toward qualified educational debts for up to three years or a longer period as required by subdivision (4)(c) of section 71-5663 . The department shall make payments directly to the recipient;

(3) If the loan repayment recipient discontinues practice in the shortage area prior to completion of the three-year requirement or the period required by subdivision (4)(c) of section 71-5663 , as applicable, the recipient shall repay to the state one hundred fifty percent of the total amount of funds provided to the recipient for loan repayment with interest at a rate of eight percent simple interest per year from the date of default. Upon repayment by the recipient to the department, the department shall reimburse the local entity its share of the funds which shall not be more than the local entity's share paid to the loan repayment recipient;

(4) Any practice or payment obligation incurred by the loan repayment recipient under the loan repayment program is canceled in the event of the loan repayment recipient's total and permanent disability or death;

(5) For a loan repayment recipient seeking benefits under subdivision (4)(c) of section 71-5663 , the recipient agrees to such other terms as the department deems appropriate; and

(6) Beginning on July 1, 2022, any agreements entered into by December 31, 2024, shall first use federal funds from the federal American Rescue Plan Act of 2021 for the purposes of repaying qualified educational debts prior to using any state or local funds. Agreements using federal funds from the federal American Rescue Plan Act of 2021 shall not require equal funding from a local entity. Any federal funds from the act committed to agreements during this time period shall be used by December 31, 2026.

Laws 1991, LB 400, § 19;

Laws 1993, LB 536, § 101;

Laws 1994, LB 1223, § 64;

Laws 1996, LB 1155, § 56;

Laws 1997, LB 577, § 5;

Laws 2000, LB 1115, § 84;

Laws 2001, LB 214, § 5;

Laws 2004, LB 1005, § 108;

Laws 2006, LB 962, § 3;

Laws 2008, LB797, § 22;

Laws 2009, LB196, § 3;

Laws 2012, LB858, § 3;

Laws 2015, LB196, § 9;

Laws 2022, LB1007, § 1;

Laws 2023, LB50, § 41;

Laws 2024, LB461, § 28;

Laws 2025, LB312, § 4.

State Procurement Act, see section 73-801 .
Neb. Rev. Stat. § 71-4845 — NE Code / Chapter 71 / Section 71-4845
View Statute 71-4845
Status: in_force

The Revised Uniform Anatomical Gift Act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(a) of that act, 15 U.S.C. 7001, or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).

Laws 2010, LB1036, § 22.
Neb. Rev. Stat. § 71-5654 — NE Code / Chapter 71 / Section 71-5654
View Statute 71-5654
Status: in_force

The Nebraska Rural Health Advisory Commission is hereby created as the direct and only successor to the Commission on Rural Health Manpower. The Nebraska Rural Health Advisory Commission shall consist of thirteen members as follows:

(1) The Director of Public Health of the Division of Public Health or his or her designee and another representative of the Department of Health and Human Services; and

(2) Eleven members to be appointed by the Governor with the advice and consent of the Legislature as follows:

(a) One representative of each medical school located in the state involved in training family physicians and one physician in family practice residency training; and

(b) From rural areas one physician, one consumer representative, one hospital administrator, one nursing home administrator, one nurse, one physician assistant, one mental health practitioner or psychologist licensed under the requirements of section 38-3114 or the equivalent thereof, and one dentist.

Members shall serve for terms of three years. When a vacancy occurs, appointment to fill the vacancy shall be made for the balance of the term. All appointed members shall be citizens and residents of Nebraska. The appointed membership of the commission shall, to the extent possible, represent the three congressional districts equally.

Laws 1991, LB 400, § 5;

Laws 1996, LB 1044, § 728;

Laws 1996, LB 1155, § 49;

Laws 1997, LB 577, § 1;

Laws 2001, LB 411, § 1;

Laws 2004, LB 1005, § 102;

Laws 2007, LB296, § 626;

Laws 2007, LB463, § 1233.
Neb. Rev. Stat. § 71-8916 — NE Code / Chapter 71 / Section 71-8916
View Statute 71-8916
Status: in_force

The department may waive requirements under sections 71-8912 to 71-8915 upon proof satisfactory to the department that such requirements are duplicative of other requirements of Nebraska laws, rules, or regulations and that the granting of such waiver will not endanger the public safety.

Laws 2008, LB1022, § 16.
Neb. Rev. Stat. § 71-6902.01 — NE Code / Chapter 71 / Section 71-6902.01
View Statute 71-6902.01
Status: in_force

If the pregnant woman declares in a signed written statement that she is a victim of abuse as defined in section 28-351 , sexual abuse as defined in section 28-367 , or child abuse or neglect as defined in section 28-710 by either of her parents or her legal guardians, then the attending physician shall obtain the notarized written consent required by section 71-6902 from a grandparent specified by the pregnant woman. The physician who intends to perform the abortion shall certify in the pregnant woman's medical record that he or she has received the written declaration of abuse or neglect. Any physician relying in good faith on a written statement under this section shall not be civilly or criminally liable under sections 71-6901 to 71-6911 for failure to obtain consent. If such a declaration is made, the attending physician or his or her agent shall inform the pregnant woman of his or her duty to notify the proper authorities pursuant to sections 28-372 and 28-711 .

Laws 2011, LB690, § 5.
Neb. Rev. Stat. § 71-5728 — NE Code / Chapter 71 / Section 71-5728
View Statute 71-5728
Status: in_force

Tobacco retail outlet means a store that sells only tobacco and products directly related to tobacco. Products directly related to tobacco do not include alcohol, coffee, soft drinks, candy, groceries, or gasoline.

Laws 2008, LB395, § 13.
Neb. Rev. Stat. § 71-8610.02 — NE Code / Chapter 71 / Section 71-8610.02
View Statute 71-8610.02
Status: in_force

(1) No person shall engage in vocational rehabilitation counseling for the blind or hold himself or herself out as a certified vocational rehabilitation counselor for the blind in the state unless he or she is certified for such purpose by the commission.

(2) A certified vocational rehabilitation counselor for the blind is not a mental health practitioner.

(3) Except as otherwise provided in subsection (5) of this section, a certified vocational rehabilitation counselor for the blind shall have the following qualifications:

(a) A bachelor's degree from an appropriate educational program approved by the executive director of the commission;

(b) Six hundred hours of intensive training under sleep shades at the commission's orientation training center; and

(c) Completion of appropriate training as approved by the executive director.

(4) Each certified vocational rehabilitation counselor for the blind shall, in the period since his or her certificate was issued or last renewed, complete continuing competency requirements as set forth by the commission under the executive director's approval.

(5) The commission may waive some or all of the requirements of subsection (3) of this section for any person engaged in rehabilitation counseling for the blind on or before September 1, 2007.

Laws 2007, LB445, § 4.
Neb. Rev. Stat. § 71-4828 — NE Code / Chapter 71 / Section 71-4828
View Statute 71-4828
Status: in_force

(a) A donor may make an anatomical gift:

(1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;

(2) In a will;

(3) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or

(4) As provided in subsection (b) of this section.

(b) A donor or other person authorized to make an anatomical gift under section 71-4827 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:

(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) State that it has been signed and witnessed as provided in subdivision (1) of this subsection.

(c) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(d) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.

Laws 2010, LB1036, § 5.
Neb. Rev. Stat. § 71-5830.01 — NE Code / Chapter 71 / Section 71-5830.01
View Statute 71-5830.01
Status: in_force

Notwithstanding any other provisions of the Nebraska Health Care Certificate of Need Act, a certificate of need is not required for:

(1) A change in classification between an intermediate care facility, a nursing facility, or a skilled nursing facility;

(2) A project of a county in which is located a city of the metropolitan class for which a bond issue has been approved by the electorate of such county on or after January 1, 1994;

(3) A project of a federally recognized Indian tribe to be located on tribal lands within the exterior boundaries of the State of Nebraska where (a) a determination has been made by the tribe's governing body that the cultural needs of the tribe's members cannot be adequately met by existing facilities if such project has been approved by the tribe's governing body and (b) the tribe has a self-determination agreement in place with the Indian Health Service of the United States Department of Health and Human Services so that payment for enrolled members of a federally recognized Indian tribe who are served at such facility will be made with one hundred percent federal reimbursement; and

(4) A transfer or relocation of long-term care beds from one facility to another entity in the same health planning region or any other health planning region. The receiving entity shall obtain a license for the transferred or relocated beds within two years after the transfer or relocation. The department shall grant an extension of such time if the receiving entity is making progress toward the licensure of such beds.

Laws 1982, LB 378, § 56;

Laws 1989, LB 429, § 16;

Laws 1997, LB 798, § 26;

Laws 1999, LB 594, § 60;

Laws 2008, LB928, § 31;

Laws 2009, LB195, § 86.
Neb. Rev. Stat. § 71-5680 — NE Code / Chapter 71 / Section 71-5680
View Statute 71-5680
Status: in_force

Sections 71-5680 to 71-5683 shall be known and may be cited as the Rural Behavioral Health Training and Placement Program Act.

Laws 2006, LB 994, § 38.
Neb. Rev. Stat. § 71-8239 — NE Code / Chapter 71 / Section 71-8239
View Statute 71-8239
Status: in_force

(1) The department, in consultation with and having solicited the advice of the State Trauma Advisory Board, shall maintain the statewide trauma system.

(2) The department, with the advice of the board, shall adopt and promulgate rules and regulations and develop injury prevention strategies to carry out the Statewide Trauma System Act.

(3) The Director of Public Health or his or her designee shall appoint the state trauma medical director and the regional medical directors.

(4) The department, with the advice of the board, shall identify the state and regional activities that create, operate, maintain, and enhance the statewide trauma system.

Laws 1997, LB 626, § 39;

Laws 2007, LB296, § 692;

Laws 2009, LB195, § 100;

Laws 2023, LB227, § 109.
Neb. Rev. Stat. § 71-6010 — NE Code / Chapter 71 / Section 71-6010
View Statute 71-6010
Status: in_force

Department shall mean the Department of Health and Human Services.

Laws 1983, LB 235, § 3;

Laws 1996, LB 1044, § 745;

Laws 2007, LB296, § 638.
Neb. Rev. Stat. § 71-6605 — NE Code / Chapter 71 / Section 71-6605
View Statute 71-6605
Status: in_force

Home health aides may perform only personal care, assistance with the activities of daily living, and basic therapeutic care. A home health aide may provide medication only in compliance with the Medication Aide Act. Home health aides may not perform acts which require the exercise of nursing or medical judgment.

Laws 1988, LB 1100, § 120;

Laws 1991, LB 703, § 56;

Laws 1998, LB 1354, § 42.

Medication Aide Act, see section 71-6718 .
Neb. Rev. Stat. § 71-6310.03 — NE Code / Chapter 71 / Section 71-6310.03
View Statute 71-6310.03
Status: in_force

If a project designer or a project monitor is selected by the structure's owner or operator for an asbestos project, the project designer and project monitor shall be responsible for the following:

(1) Project designers shall prepare plans and specifications for business entities conducting asbestos projects. The plans and specifications shall be consistent with the criteria, requirements, and best interests of the structure's owner or operator and the requirements of the Asbestos Control Act. The project designer shall represent the owner or operator and ensure that these objectives are achieved by the business entity conducting the project throughout the project;

(2) Prior to preparing plans and specifications for any renovation project, a project designer shall ensure that any equipment items and any structural items of a structure affected by the renovation were inspected and assessed by a licensed inspector. Prior to preparing plans and specifications for any demolition, a project designer shall ensure that the entire structure was inspected and assessed by a licensed inspector. No dismantling or salvage operation shall begin before the inspection and assessment is completed;

(3) If a project designer or project monitor is selected by the owner or operator of the structure on or in which the asbestos project is conducted, he or she shall be independent of the business entity selected to perform the asbestos project. A private or public business entity which uses its own trained and licensed employees to perform asbestos projects may also use its own employees who are trained and licensed as project designers or project monitors to design and monitor projects conducted on or in its own structures; and

(4) If a project designer or project monitor is selected by the structure's owner or operator for an asbestos project, the project designer or project monitor shall oversee the activities of a business entity conducting an asbestos project to ensure that the requirements of the Asbestos Control Act and the rules and regulations adopted and promulgated pursuant to the act are met. Prior to allowing an asbestos project site to be returned to normal occupancy or function, a project designer or project monitor shall ensure that all waste, debris, and residue have been removed from the site in compliance with the act and the rules and regulations adopted and promulgated pursuant to the act.

Laws 1995, LB 406, § 78;

Laws 2007, LB463, § 1253.
Neb. Rev. Stat. § 71-5829.03 — NE Code / Chapter 71 / Section 71-5829.03
View Statute 71-5829.03
Status: in_force

Except as provided in section 71-5830.01 , no person, including persons acting for or on behalf of a health care facility, shall engage in any of the following activities without having first applied for and received the necessary certificate of need:

(1) The initial establishment of long-term care beds or rehabilitation beds except as permitted under subdivisions (4) and (5) of this section;

(2) An increase in the long-term care beds of a health care facility by more than ten long-term care beds or more than ten percent of the total long-term care bed capacity of such facility, whichever is less, over a two-year period;

(3) An increase in the rehabilitation beds of a health care facility by more than ten rehabilitation beds or more than ten percent of the total rehabilitation bed capacity of such facility, whichever is less, over a two-year period;

(4) Any initial establishment of long-term care beds through conversion by a hospital of any type of hospital beds to long-term care beds if the total beds converted by the hospital are more than ten beds or more than ten percent of the total bed capacity of such hospital, whichever is less, over a two-year period;

(5) Any initial establishment of rehabilitation beds through conversion by a hospital of any type of hospital beds to rehabilitation beds if the total beds converted by the hospital are more than ten beds or more than ten percent of the total bed capacity of such hospital, whichever is less, over a two-year period; or

(6) Any relocation of rehabilitation beds in Nebraska from one health care facility to another health care facility, except that no certificate of need is required for relocation or transfer of rehabilitation beds from a health care facility to another health care facility owned and operated by the same entity.

Laws 1997, LB 798, § 22;

Laws 2008, LB765, § 1;

Laws 2009, LB195, § 84;

Laws 2013, LB487, § 1.
Neb. Rev. Stat. § 71-6042 — NE Code / Chapter 71 / Section 71-6042
View Statute 71-6042
Status: in_force

The chief medical officer as designated in section 81-3115 shall have the authority to enforce sections 71-6038 to 71-6042 and rules and regulations adopted under section 71-6041 by any of the following means: Denial, suspension, restriction, or revocation of a nursing home's license, refusal of the renewal of a nursing home's license, restriction of a nursing home's admissions, or any other enforcement provision granted to the department.

Laws 1983, LB 273, § 5;

Laws 2004, LB 1005, § 114;

Laws 2007, LB296, § 643;

Laws 2007, LB463, § 1239.
Neb. Rev. Stat. § 71-6319.33 — NE Code / Chapter 71 / Section 71-6319.33
View Statute 71-6319.33
Status: in_force

Principal instructor means the individual who has the primary responsibility for organizing and teaching a particular course.

Laws 1999, LB 863, § 35.
Neb. Rev. Stat. § 71-7807 — NE Code / Chapter 71 / Section 71-7807
View Statute 71-7807
Status: in_force

On or before November 1, 2023, and on or before each November 1 until November 1, 2028, the Primary Care Investment Council shall prepare and the department shall electronically submit a report to the Executive Board of the Legislative Council and the Governor which contains, at a minimum, the Primary Care Investment Council's findings under section 71-7805 and any additional findings from the council regarding health care spending and health outcomes.

Laws 2022, LB863, § 17.
Neb. Rev. Stat. § 71-6207.02 — NE Code / Chapter 71 / Section 71-6207.02
View Statute 71-6207.02
Status: in_force

Directed review shall mean a review conducted pursuant to section 71-6223.02 in which (1) there is no applicant group or application, (2) the duty of the committee is to formulate an initial proposal on the issues subject to review, and (3) the duty of the board and the director is to evaluate the proposal using the appropriate criteria and to make recommendations to the Legislature.

Laws 1993, LB 536, § 105;

Laws 2015, LB90, § 1.
Neb. Rev. Stat. § 38-1202 — NE Code / Chapter 71 / Section 38-1202
38-1202
Status: in_force

It is the intent of the Legislature in enacting the Emergency Medical Services Practice Act to (1) effectuate the delivery of quality emergency medical care in the state, (2) provide for the appropriate licensure of persons providing emergency medical care and licensure of organizations providing emergency medical services, (3) provide for the establishment of educational requirements and permitted practices for persons providing emergency medical care, (4) provide a system for regulation of emergency medical care which encourages emergency care providers and emergency medical services to provide the highest degree of care which they are capable of providing, and (5) provide a flexible system for the regulation of emergency care providers and emergency medical services that protects public health and safety.

The act shall be liberally construed to effect the purposes of, carry out the intent of, and discharge the responsibilities prescribed in the act.

Laws 1997, LB 138, § 2;

R.S.1943, (2003), § 71-5173;

Laws 2007, LB463, § 486;

Laws 2020, LB1002, § 12.
Neb. Rev. Stat. § 71-9406 — NE Code / Chapter 71 / Section 71-9406
View Statute 71-9406
Status: in_force

(1) As soon as possible after designation of a caregiver and prior to the patient’s discharge, the hospital shall attempt to consult with the patient or the patient’s legal guardian and the caregiver and shall issue a discharge plan that describes the patient’s aftercare needs. The discharge plan shall include, but need not be limited to:

(a) The name and contact information of the caregiver, as provided by him or her; and

(b) A description of the aftercare tasks necessary to maintain the patient’s ability to reside in his or her residence.

(2) The hospital shall provide the caregiver with instructions concerning all aftercare tasks described in the discharge plan. The instructions shall include, but need not be limited to:

(a) A live demonstration of or instruction in the aftercare tasks, as performed by a hospital employee or other authorized individual in a culturally competent manner;

(b) An opportunity for the caregiver and the patient or the patient’s guardian to ask questions about aftercare; and

(c) Answers to the caregiver’s, patient’s, and patient’s legal guardian’s questions in a culturally competent manner.

(3) The hospital shall document the instructions in the patient’s medical record, including the date, time, and contents of the instructions and whether the caregiver accepted or refused the offer of instruction.

Laws 2016, LB698, § 12.
Neb. Rev. Stat. § 71-7611 — NE Code / Chapter 71 / Section 71-7611
View Statute 71-7611
Status: in_force

(1) The Nebraska Health Care Cash Fund is created. The State Treasurer shall transfer (a) sixty million three hundred thousand dollars on or before July 15, 2014, (b) sixty million three hundred fifty thousand dollars on or before July 15, 2015, (c) sixty million three hundred fifty thousand dollars on or before July 15, 2016, (d) sixty million seven hundred thousand dollars on or before July 15, 2017, (e) five hundred thousand dollars on or before May 15, 2018, (f) sixty-one million six hundred thousand dollars on or before July 15, 2018, (g) sixty-two million dollars on or before July 15, 2019, (h) sixty-one million four hundred fifty thousand dollars on or before July 15, 2020, (i) sixty-six million two hundred thousand dollars on or before July 15, 2022, (j) fifty-six million seven hundred thousand dollars on or before July 15, 2023, (k) fifty-four million dollars on or before July 15, 2024, (l) fifty-nine million one hundred fifty thousand dollars on or before July 1, 2025, and (m) sixty million one hundred fifty thousand dollars on or before every July 15 thereafter from the Nebraska Medicaid Intergovernmental Trust Fund and the Nebraska Tobacco Settlement Trust Fund to the Nebraska Health Care Cash Fund, except that such amount shall be reduced by the amount of the unobligated balance in the Nebraska Health Care Cash Fund at the time the transfer is made. The state investment officer shall advise the State Treasurer on the amounts to be transferred first from the Nebraska Medicaid Intergovernmental Trust Fund until the fund balance is depleted and from the Nebraska Tobacco Settlement Trust Fund thereafter in order to sustain such transfers in perpetuity. The state investment officer shall report electronically to the Legislature on or before October 1 of every even-numbered year on the sustainability of such transfers. The Nebraska Health Care Cash Fund shall also include money received pursuant to section 77-2602 . Except as otherwise provided by law, no more than the amounts specified in this subsection may be appropriated or transferred from the Nebraska Health Care Cash Fund in any fiscal year.

Except as otherwise provided in subsections (5) and (6) of this section, it is the intent of the Legislature that no additional programs are funded through the Nebraska Health Care Cash Fund until funding for all programs with an appropriation from the fund during FY2012-13 are restored to their FY2012-13 levels.

(2) Any money in the Nebraska Health Care Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

(3) The University of Nebraska and postsecondary educational institutions having colleges of medicine in Nebraska and their affiliated research hospitals in Nebraska, as a condition of receiving any funds appropriated or transferred from the Nebraska Health Care Cash Fund, shall not discriminate against any person on the basis of sexual orientation.

ct and the Nebraska State Funds Investment Act.

(3) The University of Nebraska and postsecondary educational institutions having colleges of medicine in Nebraska and their affiliated research hospitals in Nebraska, as a condition of receiving any funds appropriated or transferred from the Nebraska Health Care Cash Fund, shall not discriminate against any person on the basis of sexual orientation.

(4) The State Treasurer shall transfer fifteen million dollars from the Nebraska Health Care Cash Fund on or after July 1, 2022, but before June 30, 2023, to the Board of Regents of the University of Nebraska for the University of Nebraska Medical Center for pancreatic cancer research at the University of Nebraska Medical Center. Transfers from the Nebraska Health Care Cash Fund in this subsection shall be contingent upon receipt of any matching funds from private or other sources, up to fifteen million dollars, certified by the budget administrator of the budget division of the Department of Administrative Services. Upon receipt of any matching funds certified by the budget administrator, the State Treasurer shall transfer an equal amount of funds to the Board of Regents of the University of Nebraska.

Laws 1998, LB 1070, § 7;

Laws 2000, LB 1427, § 9;

Laws 2001, LB 692, § 18;

Laws 2003, LB 412, § 8;

Laws 2004, LB 1091, § 7;

Laws 2005, LB 426, § 12;

Laws 2007, LB322, § 19;

Laws 2007, LB482, § 6;

Laws 2008, LB480, § 2;

Laws 2008, LB830, § 9;

Laws 2008, LB961, § 5;

Laws 2009, LB27, § 7;

Laws 2009, LB316, § 19;

Laws 2012, LB782, § 125;

Laws 2012, LB969, § 9;

Laws 2013, LB199, § 29;

Laws 2014, LB906, § 18;

Laws 2015, LB390, § 12;

Laws 2015, LB661, § 32;

Laws 2017, LB331, § 38;

Laws 2018, LB439, § 9;

Laws 2018, LB793, § 10;

Laws 2018, LB945, § 17;

Laws 2019, LB298, § 17;

Laws 2019, LB481, § 7;

Laws 2019, LB570, § 1;

Laws 2019, LB600, § 19;

Laws 2019, LB641, § 2;

Laws 2021, LB384, § 12;

Laws 2022, LB1012, § 11;

Laws 2023, LB818, § 15;

Laws 2024, LB1413, § 46;

Laws 2025, LB264, § 152.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-9408 — NE Code / Chapter 71 / Section 71-9408
View Statute 71-9408
Status: in_force

The Department of Health and Human Services may adopt and promulgate rules and regulations to carry out the Assisting Caregiver Transitions Act.

Laws 2016, LB698, § 14.
Neb. Rev. Stat. § 71-6319.08 — NE Code / Chapter 71 / Section 71-6319.08
View Statute 71-6319.08
Status: in_force

Licensed risk assessor means an individual who has been trained by an accredited training program and licensed by the department to conduct risk assessments and to sample for the presence of lead in dust and soil for the purposes of abatement clearance testing.

Laws 1999, LB 863, § 10;

Laws 2007, LB463, § 1268.
Neb. Rev. Stat. § 71-4408 — NE Code / Chapter 71 / Section 71-4408
View Statute 71-4408
Status: in_force

(1) The rabies control authority may authorize an animal pound or pounds or may enter into a cooperative agreement with a licensed veterinarian for the establishment and operation of a pound.

(2) Any dog or hybrid of the family Canidae found outside the owner's premises whose owner does not possess a valid certificate of rabies vaccination and valid rabies vaccination tag for such dog or hybrid of the family Canidae shall be impounded. The rabies control authority may require the impoundment of domestic or hybrid animals other than dogs or hybrids of the family Canidae. All impounded domestic or hybrid animals shall be given proper care, treatment, and maintenance. Each impounded domestic or hybrid animal shall be kept and maintained at the pound for a period of not less than seventy-two hours unless reclaimed earlier by the owner.

(3) Notice of impoundment of all animals, including any significant marks of identification, shall be posted at the pound as public notification of impoundment. Any unvaccinated domestic or hybrid animal may be reclaimed by its owner during the period of impoundment by payment of prescribed pound fees and by complying with the rabies vaccination requirement of sections 71-4401 to 71-4412 within seventy-two hours of release. Any vaccinated domestic or hybrid animal impounded because its owner has not presented a valid certificate of rabies vaccination and a valid rabies vaccination tag for such domestic or hybrid animal may be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all impoundment fees prior to release.

(4) At the expiration of impoundment, a domestic or hybrid animal may be claimed by payment of established pound fees and by compliance with the rabies vaccination requirement of sections 71-4401 to 71-4412 within seventy-two hours of release. If the domestic or hybrid animal is unclaimed at the end of five days, the authorities may dispose of the domestic or hybrid animal in accordance with applicable laws or rules and regulations.

Laws 1969, c. 445, § 8, p. 1487;

Laws 1987, LB 104, § 8;

Laws 2007, LB25, § 10.
Neb. Rev. Stat. § 71-6728 — NE Code / Chapter 71 / Section 71-6728
View Statute 71-6728
Status: in_force

Registration as a medication aide shall be renewed biennially based upon competency. The department may prescribe by rule and regulation how a medication aide can show competency for purposes of renewal. Payment of the applicable fee shall be a condition of renewal. After September 1, 2007, any registration that is renewed shall expire two years after the date the registration would have expired if it had not been renewed. A medication aide who provides medication aide services prior to registration or after the date the registration expires shall be subject to the civil penalty prescribed in section 38-198 .

Laws 1998, LB 1354, § 18;

Laws 2007, LB283, § 2;

Laws 2007, LB463, § 1289.
Neb. Rev. Stat. § 71-6731 — NE Code / Chapter 71 / Section 71-6731
View Statute 71-6731
Status: in_force

If an informal conference is requested, the department shall assign a representative of the department to hold an informal conference with the applicant or registrant within fifteen working days after receipt of a request. Within seven working days after the conclusion of such conference, the representative shall affirm, modify, or dismiss the action. The representative shall state in writing the specific reasons for affirming, modifying, or dismissing the action and shall immediately transmit copies of the statement to the department and to the applicant or the registrant. If the representative affirms or modifies the action, it shall become final unless the applicant or registrant, within ten working days after receipt of the written notice, requests in writing a formal hearing to contest the action.

Laws 1998, LB 1354, § 21.
Neb. Rev. Stat. § 71-6203 — NE Code / Chapter 71 / Section 71-6203
View Statute 71-6203
Status: in_force

For purposes of the Nebraska Regulation of Health Professions Act, unless the context otherwise requires, the definitions found in sections 71-6204 to 71-6220.01 shall be used.

Laws 1985, LB 407, § 3;

Laws 1988, LB 384, § 2;

Laws 1993, LB 536, § 103;

Laws 2012, LB834, § 5.
Neb. Rev. Stat. § 71-4614 — NE Code / Chapter 71 / Section 71-4614
View Statute 71-4614
Status: in_force

The commission may require the manufacturer to give notification of performance and technical data to:

(1) Each prospective purchaser before the first sale for purposes other than resale at each location where any such manufacturer's manufactured homes or recreational vehicles are offered for sale by a person with whom such manufacturer has a contractual, proprietary, or other legal relationship and in a manner determined by the commission to be appropriate, which notification may include, but need not be limited to, printed matter that is both available for retention by such prospective purchaser and sent by mail to such prospective purchaser upon his or her request; and

(2) The first person who purchases a manufactured home or recreational vehicle for purposes other than resale, at the time of such purchase or in printed matter placed in the manufactured home or recreational vehicle.

Laws 1975, LB 300, § 13;

Laws 1985, LB 313, § 17;

Laws 1993, LB 536, § 95;

Laws 1998, LB 1073, § 138.
Neb. Rev. Stat. § 71-8231 — NE Code / Chapter 71 / Section 71-8231
View Statute 71-8231
Status: in_force

State trauma medical director means a physician licensed under the Uniform Credentialing Act who advises the department and carries out duties under the Statewide Trauma System Act.

Laws 1997, LB 626, § 31;

Laws 1999, LB 594, § 63;

Laws 2007, LB296, § 690;

Laws 2007, LB463, § 1304;

Laws 2023, LB227, § 104.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-4605 — NE Code / Chapter 71 / Section 71-4605
View Statute 71-4605
Status: in_force

Except as provided in section 71-4606 , no dealer shall sell, offer for sale, or lease in this state any new or used manufactured home or recreational vehicle manufactured more than four months after May 27, 1975, unless such manufactured home or recreational vehicle meets or exceeds the standards with respect to body and frame design and construction and plumbing, heating, and electrical systems established under the Uniform Standard Code for Manufactured Homes and Recreational Vehicles.

Laws 1969, c. 557, § 5, p. 2273;

Laws 1971, LB 654, § 2;

Laws 1975, LB 300, § 6;

Laws 1985, LB 313, § 10.
Neb. Rev. Stat. § 71-6319.25 — NE Code / Chapter 71 / Section 71-6319.25
View Statute 71-6319.25
Status: in_force

Interim controls means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.

Laws 1999, LB 863, § 27.
Neb. Rev. Stat. § 71-7905 — NE Code / Chapter 71 / Section 71-7905
View Statute 71-7905
Status: in_force

The purposes of the Health Care Quality Improvement Act are to provide protection for those individuals who participate in peer review activities which evaluate the quality and efficiency of health care providers and to protect the confidentiality of peer review records.

Laws 2011, LB431, § 2.
Neb. Rev. Stat. § 38-1231 — NE Code / Chapter 71 / Section 38-1231
38-1231
Status: in_force

The Emergency Medical Services Practice Act or the rules or regulations shall not be construed to authorize or require giving any medical treatment to a person who objects to such treatment on religious or other grounds or to authorize the transportation of such person to a medical facility.

Laws 1997, LB 138, § 22;

R.S.1943, (2003), § 71-5193;

Laws 2007, LB463, § 515.
Neb. Rev. Stat. § 71-9606 — NE Code / Chapter 71 / Section 71-9606
View Statute 71-9606
Status: in_force

A manufacturer may provide an investigational drug, biological product, or device to an eligible patient without receiving compensation.

Laws 2018, LB117, § 6.
Neb. Rev. Stat. § 71-6319.12 — NE Code / Chapter 71 / Section 71-6319.12
View Statute 71-6319.12
Status: in_force

Common area means a portion of a building that is generally accessible to all occupants and may include, but is not limited to, a hallway, stairway, laundry or recreational room, playground, community center, garage, or boundary fence.

Laws 1999, LB 863, § 14.
Neb. Rev. Stat. § 71-7446 — NE Code / Chapter 71 / Section 71-7446
View Statute 71-7446
Status: in_force

Wholesale medical gas distributor means any person engaged in the wholesale drug distribution of medical gases provided to suppliers or other entities licensed or otherwise authorized to use, administer, or distribute such gases.

Laws 2006, LB 994, § 20.
Neb. Rev. Stat. § 71-9103 — NE Code / Chapter 71 / Section 71-9103
View Statute 71-9103
Status: in_force

For purposes of the Concussion Awareness Act:

(1) Chief medical officer means the chief medical officer as designated in section 81-3115 ; and

(2) Licensed health care professional means a physician or licensed practitioner under the direct supervision of a physician, a certified athletic trainer, a neuropsychologist, or some other qualified individual who (a) is registered, licensed, certified, or otherwise statutorily recognized by the State of Nebraska to provide health care services and (b) is trained in the evaluation and management of traumatic brain injuries among a pediatric population.

Laws 2011, LB260, § 3.
Neb. Rev. Stat. § 71-8719 — NE Code / Chapter 71 / Section 71-8719
View Statute 71-8719
Status: in_force

A patient safety organization may disclose nonidentifiable information, including nonidentifiable aggregate trend data and educational material developed as a result of the patient safety work product reported to it.

Laws 2005, LB 361, § 19.
Neb. Rev. Stat. § 71-7440 — NE Code / Chapter 71 / Section 71-7440
View Statute 71-7440
Status: in_force

Pedigree means a written or electronic documentation of every transfer of a prescription drug as provided in sections 71-7455 and 71-7456 .

Laws 2006, LB 994, § 14.
Neb. Rev. Stat. § 71-4736 — NE Code / Chapter 71 / Section 71-4736
View Statute 71-4736
Status: in_force

For purposes of the Infant Hearing Act:

(1) Birth admission means the time after birth that the newborn remains in the hospital or other health care facility prior to discharge;

(2) Birthing facility means a hospital or other health care facility in this state which provides birthing and newborn care services;

(3) Confirmatory testing facility means a hospital or other health care facility in this state which provides followup hearing tests;

(4) Infant means a child from thirty days through twelve months old;

(5) Newborn means a child from birth through twenty-nine days old; and

(6) Parent means a natural parent, stepparent, adoptive parent, legal guardian, or other legal custodian of a child.

Laws 2000, LB 950, § 3.
Neb. Rev. Stat. § 71-7445 — NE Code / Chapter 71 / Section 71-7445
71-7445
Status: in_force

(1) Wholesale drug distributor means any person or entity engaged in wholesale drug distribution in this state, including manufacturers, repackagers, own-label distributors, jobbers, private-label distributors, brokers, warehouses including manufacturer and distributor warehouses, chain pharmacy warehouses, and wholesale drug warehouses, wholesale medical gas distributors, independent wholesale drug traders, and retail pharmacies that engage in wholesale drug distribution in this state.

(2) Wholesale drug distributor does not include a common carrier or other person or entity hired solely to transport prescription drugs if the common carrier, person, or entity does not store, warehouse, or take legal ownership of such drugs.

Laws 1992, LB 1019, § 13;

R.S.1943, (2003), § 71-7413;

Laws 2006, LB 994, § 19.
Neb. Rev. Stat. § 71-3811 — NE Code / Chapter 71 / Section 71-3811
View Statute 71-3811
Status: in_force

(1) A processor or retailer aggrieved by a notice of denial of an application issued under section 71-3807 or a notice of violation issued under section 71-3810 may request a hearing.

(2) Such request shall be made within twenty days after the receipt of any such notice.

(3) At such hearing the Tax Commissioner, or any officer or employee of the Tax Commissioner designated in writing, may examine any books, papers, memoranda, or other evidence bearing upon the matter at issue and require the attendance of any officer or employee of the processor or retailer or any person having knowledge pertinent to such hearing. The Tax Commissioner or the Tax Commissioner's designee may administer oaths to persons testifying at such hearing.

(4) During the hearing, the Tax Commissioner or the Tax Commissioner's designee shall not be bound by the technical rules of evidence, and no informality in any proceeding or in the manner of taking testimony shall invalidate any order or decision made or approved by the Tax Commissioner.

(5) Within a reasonable time after the hearing the Tax Commissioner shall make a final decision or final determination and notify the processor or retailer by mail of such decision or determination.

(6) If it is determined that a processor intentionally and materially falsified any information contained in an application under the Kratom Consumer Protection Act, the processor shall be ineligible to obtain a certification of registration for a period of twelve months after the date of such determination.

(7) A processor or retailer may appeal the decision of the Tax Commissioner, and the appeal shall be in accordance with the Administrative Procedure Act.

Laws 2025, LB230, § 11.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 71-5302 — NE Code / Chapter 71 / Section 71-5302
View Statute 71-5302
Status: in_force

(1) The director shall adopt and promulgate necessary minimum drinking water standards, in the form of rules and regulations, to insure that drinking water supplied to consumers through all public water systems shall not contain amounts of chemical, radiological, physical, or bacteriological material determined by the director to be harmful to human health.

(2) The director may adopt and promulgate rules and regulations to require the monitoring of drinking water supplied to consumers through public water systems for chemical, radiological, physical, or bacteriological material determined by the director to be potentially harmful to human health.

(3) In determining what materials are harmful or potentially harmful to human health and in setting maximum levels for such harmful materials, the director shall be guided by:

(a) General knowledge of the medical profession and related scientific fields as to materials and substances which are harmful to humans if ingested through drinking water; and

(b) General knowledge of the medical profession and related scientific fields as to the maximum amounts of such harmful materials which may be ingested by human beings, over varying lengths of time, without resultant adverse effects on health.

(4) Subject to section 71-5310 , state drinking water standards shall apply to each public water system in the state, except that such standards shall not apply to a public water system:

(a) Which consists only of distribution and storage facilities and does not have any collection and treatment facilities;

(b) Which obtains all of its water from, but is not owned or operated by, a public water system to which such standards apply;

(c) Which does not sell water to any person; and

(d) Which is not a carrier which conveys passengers in interstate commerce.

(5) The director may adopt alternative monitoring requirements for public water systems in accordance with section 1418 of the federal Safe Drinking Water Act.

(6) The director may adopt a system for the ranking of safe drinking water projects with known needs or for which loan applications have been received by the director. In establishing the ranking system the director shall consider, among other things, the risk to human health, compliance with the federal Safe Drinking Water Act, and assistance to systems most in need based upon affordability criteria adopted by the director. This priority system shall be reviewed annually by the director.

Laws 1976, LB 821, § 2;

Laws 1988, LB 383, § 3;

Laws 1997, LB 517, § 18;

Laws 2001, LB 667, § 30;

Laws 2007, LB296, § 609;

Laws 2019, LB302, § 90;

Laws 2021, LB148, § 74.

Drinking water, standards for pesticide levels, see section 2-2626 .
Neb. Rev. Stat. § 71-6327 — NE Code / Chapter 71 / Section 71-6327
View Statute 71-6327
Status: in_force

(1) An applicant for a license in any of the lead-based paint professions prescribed in the Residential Lead-Based Paint Professions Practice Act shall be made as provided in the Uniform Credentialing Act. An individual shall be credentialed in the same manner as an individual under subsection (1) of section 38-121 and shall be subject to the disciplinary provisions of the Uniform Credentialing Act as provided in section 71-6331 . The department shall establish and collect license and renewal fees as provided in sections 38-151 to 38-157 .

(2) The department shall adopt and promulgate rules and regulations to establish the continuing competency requirements pursuant to the Uniform Credentialing Act. Continuing education is sufficient to meet continuing competency requirements. The requirements may also include, but not be limited to, one or more of the continuing competency activities listed in section 38-145 which a licensee may select as an alternative to continuing education.

Laws 1994, LB 1210, § 175;

Laws 1999, LB 863, § 48;

Laws 2002, LB 1021, § 102;

Laws 2007, LB463, § 1278.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-7605 — NE Code / Chapter 71 / Section 71-7605
View Statute 71-7605
Status: in_force

Sections 71-7605 to 71-7611 shall be known and may be cited as the Nebraska Health Care Funding Act.

Laws 1998, LB 1070, § 1;

Laws 1999, LB 324, § 1;

Laws 2000, LB 1427, § 2;

Laws 2001, LB 692, § 13;

Laws 2002, LB 1148, § 2;

Laws 2008, LB480, § 1.
Neb. Rev. Stat. § 71-8703 — NE Code / Chapter 71 / Section 71-8703
View Statute 71-8703
Status: in_force

The purposes of the Patient Safety Improvement Act are to (1) encourage a culture of safety and quality by providing for legal protection of information reported for the purposes of quality improvement and patient safety, (2) provide for the reporting of aggregate information about occurrences, and (3) provide for the reporting and sharing of information designed to improve health care delivery systems and reduce the incidence of adverse health events and near misses. The ultimate goal of the act is to ensure the safety of all individuals who seek health care in Nebraska's health care facilities or from Nebraska's health care professionals.

Laws 2005, LB 361, § 3.
Neb. Rev. Stat. § 71-5716 — NE Code / Chapter 71 / Section 71-5716
View Statute 71-5716
Status: in_force

Sections 71-5716 to 71-5735 shall be known and may be cited as the Nebraska Clean Indoor Air Act.

Laws 2008, LB395, § 1;

Laws 2015, LB118, § 8;

Laws 2020, LB840, § 1.
Neb. Rev. Stat. § 71-6211 — NE Code / Chapter 71 / Section 71-6211
View Statute 71-6211
Status: in_force

Health professional group not previously regulated shall mean those persons or groups who are not currently licensed or otherwise regulated under the Uniform Credentialing Act, who are determined by the director to be qualified by training, education, or experience to perform the functions prescribed in this section, and whose principal functions, customarily performed for remuneration, are to render services directly or indirectly to individuals for the purpose of:

(1) Preventing physical, mental, or emotional injury or illness, excluding persons acting in their capacity as clergy;

(2) Facilitating recovery from injury or illness;

(3) Providing rehabilitative or continuing care following injury or illness; or

(4) Providing any other health service, health-related service, or environmental service which may be subject to regulation by the division.

Laws 1985, LB 407, § 11;

Laws 2007, LB463, § 1241;

Laws 2012, LB834, § 11.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-7101 — NE Code / Chapter 71 / Section 71-7101
View Statute 71-7101
Status: in_force

Sections 71-7101 to 71-7113 shall be known and may be cited as the Critical Incident Stress Management Act.

Laws 1991, LB 703, § 1;

Laws 1993, LB 536, § 107;

Laws 1997, LB 184, § 1.
Neb. Rev. Stat. § 71-9306 — NE Code / Chapter 71 / Section 71-9306
View Statute 71-9306
Status: in_force

Any home care consumer who suffers a loss or harm as a result of a violation of the Home Care Consumer Bill of Rights Act may file a civil action to recover actual damages, attorney’s fees, court costs, and any other remedies provided by law.

Laws 2016, LB698, § 6.
Neb. Rev. Stat. § 71-5670.01 — NE Code / Chapter 71 / Section 71-5670.01
View Statute 71-5670.01
Status: in_force

On and after August 28, 1999, any money remaining in the Rural Health Opportunities Loan Pool Fund and any money remitted to the State Treasurer for credit to such fund shall be credited by the State Treasurer to the Rural Health Professional Incentive Fund created under section 71-5661 and used to carry out the purposes of the Rural Health Systems and Professional Incentive Act.

Laws 1999, LB 242, § 2.

Rural Health Systems and Professional Incentive Act, see section 71-5650 .
Neb. Rev. Stat. § 71-6718 — NE Code / Chapter 71 / Section 71-6718
View Statute 71-6718
Status: in_force

Sections 71-6718 to 71-6742 shall be known and may be cited as the Medication Aide Act.

Laws 1998, LB 1354, § 8.
Neb. Rev. Stat. § 71-4820 — NE Code / Chapter 71 / Section 71-4820
View Statute 71-4820
Status: in_force

An employer shall be encouraged to grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow.

Laws 1992, LB 1099, § 2.
Neb. Rev. Stat. § 71-7108 — NE Code / Chapter 71 / Section 71-7108
View Statute 71-7108
Status: in_force

(1) The Department of Health and Human Services shall recruit mental health workers for each critical incident stress management region and participate in the training and continuing education activities of critical incident stress management peers and mental health professionals.

(2) The Nebraska State Patrol shall receive all initial requests for stress management sessions, coordinate transportation requirements for critical incident stress management team members, recruit members of the law enforcement profession in each region to be trained as critical incident stress management peers, participate in the training and continuing education activities of critical incident stress management peers and mental health professionals, and appoint a member of the patrol to each regional management committee.

(3) The State Fire Marshal shall cooperate in providing transportation for critical incident stress management teams, recruit firefighters to be trained as critical incident stress management peers in each critical incident stress management region, participate in the training and continuing education activities of critical incident stress management peers and mental health professionals, and appoint an individual who is employed by the State Fire Marshal to be on each regional management committee.

(4) The Nebraska Emergency Management Agency shall promote stress management planning as part of emergency management preparedness, promote preincident education programs to acquaint emergency service personnel with stress management techniques, and participate in the training and continuing education activities of critical incident stress management peers and mental health professionals.

(5) Until July 1, 2026, the department, patrol, State Fire Marshal, and agency shall participate in the Critical Incident Stress Management Council and the Interagency Management Committee.

Laws 1991, LB 703, § 8;

Laws 1996, LB 1044, § 775;

Laws 1997, LB 184, § 8;

Laws 2025, LB346, § 44.
Neb. Rev. Stat. § 71-5803.05 — NE Code / Chapter 71 / Section 71-5803.05
View Statute 71-5803.05
Status: in_force

Assisted-living facility has the same meaning as in section 71-5903 .

Laws 1989, LB 429, § 7;

Laws 1997, LB 608, § 18;

R.S.1943, (1996), § 71-5809.01;

Laws 1997, LB 798, § 9;

Laws 2000, LB 819, § 114;

Laws 2018, LB439, § 2.
Neb. Rev. Stat. § 71-7010 — NE Code / Chapter 71 / Section 71-7010
View Statute 71-7010
Status: in_force

The Breast and Cervical Cancer Cash Fund is created. The fund shall consist of any money appropriated to it by the Legislature, any money received by the department for the program, including federal and other public and private funds, and funds credited under section 71-7003.01 . Money in the fund may be used to reimburse expenses of members of the Breast and Cervical Cancer Advisory Committee, expenses of the program for early detection of breast and cervical cancer funded through a grant from the United States Department of Health and Human Services, and funds received under section 71-7003.01 . Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Laws 1991, LB 256, § 10;

Laws 1994, LB 1066, § 71;

Laws 1995, LB 68, § 9;

Laws 2008, LB797, § 24.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-8210 — NE Code / Chapter 71 / Section 71-8210
View Statute 71-8210
Status: in_force

Comprehensive level trauma center means a trauma center which (1) provides the highest level of definitive, comprehensive care for patients with complex traumatic injury, (2) provides an emergency trauma team available within fifteen minutes, twenty-four hours per day, including inhouse, immediately available personnel who can initiate surgery and appropriate equipment for pediatric trauma patients in the emergency department, intensive care unit, and operating room, and (3) is responsible for research, education, and outreach programs for trauma.

Laws 1997, LB 626, § 10;

Laws 2009, LB195, § 91.
Neb. Rev. Stat. § 71-8213 — NE Code / Chapter 71 / Section 71-8213
View Statute 71-8213
Status: in_force

Designated trauma centers means advanced, basic, comprehensive, general, and specialty level trauma centers.

Laws 1997, LB 626, § 13.
Neb. Rev. Stat. § 71-8615 — NE Code / Chapter 71 / Section 71-8615
View Statute 71-8615
Status: in_force

The commission shall adopt and promulgate rules and regulations as necessary to implement the purposes of the Commission for the Blind and Visually Impaired Act.

Laws 2000, LB 352, § 15.
Neb. Rev. Stat. § 38-1226 — NE Code / Chapter 71 / Section 38-1226
38-1226
Status: in_force

No ambulance shall transport any patient upon any street, road, highway, airspace, or public way in the State of Nebraska unless such ambulance, when so transporting patients, is occupied by at least one licensed emergency care provider. Such requirement shall be met if any of the individuals providing the service is a licensed physician, registered nurse, or licensed physician assistant functioning within the scope of practice of his or her license.

Laws 1997, LB 138, § 15;

R.S.1943, (2003), § 71-5186;

Laws 2007, LB463, § 510;

Laws 2020, LB1002, § 35.
Neb. Rev. Stat. § 38-1234 — NE Code / Chapter 71 / Section 38-1234
38-1234
Status: in_force

No act of commission or omission of any emergency care provider while rendering emergency medical care within the limits of his or her licensure or status as a trainee to a person who is deemed by the provider to be in immediate danger of injury or loss of life shall impose any liability on any other person, and this section shall not relieve the emergency care provider from personal liability, if any.

Laws 1997, LB 138, § 25;

R.S.1943, (2003), § 71-5196;

Laws 2007, LB463, § 518;

Laws 2020, LB1002, § 39.
Neb. Rev. Stat. § 71-5308 — NE Code / Chapter 71 / Section 71-5308
View Statute 71-5308
Status: in_force

(1) An applicant shall submit an application and the applicable fees for a license to act as a licensed operator of a public water system to the department.

(2) The director shall adopt and promulgate rules and regulations to establish and collect fees to cover all reasonable and necessary costs of licensing activities, including a reasonable reserve. If an application for a license is denied or withdrawn, the department may retain a portion of the fee to cover the costs of the application process. The fees shall be waived for initial licenses for low-income individuals, military families, and young workers as those terms are defined in the Uniform Credentialing Act.

(3) The director shall remit fees collected under the Nebraska Safe Drinking Water Act to the State Treasurer for credit to the Safe Drinking Water Act Cash Fund.

(4) A license shall expire on December 31 of odd-numbered years. The director may renew a license upon application by the licensee, payment of the applicable fees, and a determination by the director that the licensee has complied with the act and the rules and regulations adopted and promulgated under the act.

Laws 1976, LB 821, § 8;

Laws 1997, LB 752, § 190;

Laws 2001, LB 667, § 39;

Laws 2002, LB 1021, § 90;

Laws 2003, LB 242, § 131;

Laws 2007, LB463, § 1227;

Laws 2021, LB148, § 77.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-6319.04 — NE Code / Chapter 71 / Section 71-6319.04
View Statute 71-6319.04
Status: in_force

Licensed abatement worker means an individual who has been trained by an accredited training program and licensed by the department to perform abatement projects.

Laws 1999, LB 863, § 6;

Laws 2007, LB463, § 1264.
Neb. Rev. Stat. § 71-6401 — NE Code / Chapter 71 / Section 71-6401
View Statute 71-6401
Status: in_force

Sections 71-6401 to 71-6408 shall be known and may be cited as the Building Construction Act.

Laws 1987, LB 227, § 1;

Laws 2023, LB531, § 26.
Neb. Rev. Stat. § 71-8707 — NE Code / Chapter 71 / Section 71-8707
View Statute 71-8707
Status: in_force

Patient safety organization means an organization described in section 71-8714 that contracts with one or more providers subject to the Patient Safety Improvement Act and that performs the following activities:

(1) The conduct, as the organization's primary activity, of efforts to improve patient safety and the quality of health care delivery;

(2) The collection and analysis of patient safety work product that is submitted by providers;

(3) The development and dissemination of evidence-based information to providers with respect to improving patient safety, such as recommendations, protocols, or information regarding best practices;

(4) The utilization of patient safety work product to carry out activities limited to those described under this section and for the purposes of encouraging a culture of safety and of providing direct feedback and assistance to providers to effectively minimize patient risk;

(5) The maintenance of confidentiality with respect to identifiable information;

(6) The provision of appropriate security measures with respect to patient safety work product; and

(7) The possible submission, if authorized by federal law, of nonidentifiable information to a national patient safety database.

Laws 2005, LB 361, § 7.
Neb. Rev. Stat. § 71-5311 — NE Code / Chapter 71 / Section 71-5311
View Statute 71-5311
Status: in_force

(1) There is hereby established the Advisory Council on Public Water Supply which shall advise and assist the department in administering the Nebraska Safe Drinking Water Act. The council terminates on July 1, 2026.

(2) The council shall be composed of seven members appointed by the Governor, (a) one of whom shall be a professional engineer, (b) one of whom shall be a licensed physician, (c) two of whom shall be consumers of a public water system, (d) two of whom shall be operators of a public water system who possess a license issued by the department to operate a public water system. One such operator shall represent a system serving a population of five thousand or less, and one such operator shall represent a system serving a population of more than five thousand, and (e) one of whom shall be, at the time of appointment, (i) an individual who owns a public water system, (ii) a member of the governing board of a public or private corporation which owns a public water system, or (iii) in the case of a political subdivision which owns a public water system, a member of the subdivision's governing board or board of public works or similar board which oversees the operation of a public water system.

(3) All members shall be appointed for three-year terms. No member shall serve more than three consecutive three-year terms. Each member shall hold office until the expiration of his or her term or until a successor has been appointed. Any vacancy occurring in council membership, other than by expiration of term, shall be filled within sixty days by the Governor by appointment from the appropriate category for the unexpired term.

(4) The council shall meet not less than once each year. Special meetings of the council may be called by the director or upon the written request of any two members of the council explaining the reason for such meeting. The place of the meeting shall be set by the director. Such officers as the council deems necessary shall be elected every three years beginning with the first meeting in the year 1990. A majority of the members of the council shall constitute a quorum for the transaction of business. Representatives of the department shall attend each meeting. Every act of the majority of the members of the council shall be deemed to be the act of the council.

(5) No member of the council shall receive any compensation, but each member shall be entitled, while serving on the business of the council, to receive his or her travel and other necessary expenses while so serving away from his or her place of residence as provided in sections 81-1174 to 81-1177 .

(6) This section terminates on July 1, 2026.

Laws 1976, LB 821, § 11;

Laws 1989, LB 344, § 32;

Laws 1996, LB 1044, § 719;

Laws 1997, LB 622, § 110;

Laws 2001, LB 667, § 42;

Laws 2007, LB296, § 618;

Laws 2007, LB463, § 1229;

Laws 2025, LB346, § 40.
Neb. Rev. Stat. § 71-8912 — NE Code / Chapter 71 / Section 71-8912
View Statute 71-8912
Status: in_force

No person or entity shall distribute, sell, or offer for sale any veterinary legend drug in this state without first obtaining a license issued by the department under the Veterinary Drug Distribution Licensing Act, except that a veterinarian licensed under the Veterinary Medicine and Surgery Practice Act acting within the scope of practice of his or her profession shall not be required to be licensed under the Veterinary Drug Distribution Licensing Act.

Laws 2008, LB1022, § 12.

Veterinary Medicine and Surgery Practice Act, see section 38-3301 .
Neb. Rev. Stat. § 71-4728.05 — NE Code / Chapter 71 / Section 71-4728.05
View Statute 71-4728.05
Status: in_force

(1) The commission shall appoint the Interpreter Review Board as required in section 20-156 .

(2) Members of the Interpreter Review Board shall be as follows:

(a) A representative of the Department of Health and Human Services and the executive director of the commission or his or her designee, both of whom shall serve continuously and without limitation;

(b) One qualified interpreter, appointed for a term to expire on June 30, 2008;

(c) One representative of local government, appointed for a term to expire on June 30, 2008;

(d) One deaf or hard of hearing person, appointed for a term to expire on June 30, 2009;

(e) One qualified interpreter, appointed for a term to expire on June 30, 2009;

(f) One deaf or hard of hearing person, appointed for a term to expire on June 30, 2010; and

(g) One representative of local government, appointed for a term to expire on June 30, 2010.

(3) Upon the expiration of the terms described in subsection (2) of this section, members other than those identified in subdivision (2)(a) of this section shall be appointed for terms of three years. No such member may serve more than two consecutive three-year terms beginning June 30, 2007, except that members whose terms have expired shall continue to serve until their successors have been appointed and qualified.

(4) The commission may remove a member of the board for inefficiency, neglect of duty, or misconduct in office after delivering to such member a copy of the charges and a public hearing in accordance with the Administrative Procedure Act. If a vacancy occurs on the board, the commission shall appoint another member with the same qualifications as the vacating member to serve the remainder of the term. The members of the board shall receive no compensation but shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177 in attending meetings of the commission and in carrying out their official duties as provided in this section and section 20-156 .

(5) The board shall establish policies, standards, and procedures for evaluating and licensing interpreters, including, but not limited to, testing, training, issuance, renewal, and denial of licenses, continuing education and continuing competency assessment, investigation of complaints, and disciplinary actions against a license pursuant to section 20-156 .

Laws 2002, LB 22, § 17;

Laws 2006, LB 87, § 5;

Laws 2007, LB296, § 590;

Laws 2020, LB381, § 67.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 71-8214 — NE Code / Chapter 71 / Section 71-8214
View Statute 71-8214
Status: in_force

Designation means a formal determination by the department that a hospital or health care facility is capable of providing designated trauma care or rehabilitative services as authorized in the Statewide Trauma System Act.

Laws 1997, LB 626, § 14.
Neb. Rev. Stat. § 71-8007 — NE Code / Chapter 71 / Section 71-8007
View Statute 71-8007
Status: in_force

The Certified Industrial Hygienist Title Protection Act does not regulate or otherwise limit the activity of any individual or entity that does not represent or advertise himself, herself, or itself as a certified industrial hygienist, CIH, or C.I.H. or as a provider of services to be performed by a certified industrial hygienist.

Laws 1997, LB 558, § 7.
Neb. Rev. Stat. § 71-4612 — NE Code / Chapter 71 / Section 71-4612
View Statute 71-4612
Status: in_force

Any district court of this state in which any action is instituted in the case of any willful or negligent refusal to obey a subpoena or order of the commission issued pursuant to section 71-4611 , may issue an order requiring compliance therewith. Any person who fails to obey such order of the court shall be guilty of contempt of court and may be punished by such court accordingly.

Laws 1975, LB 300, § 11;

Laws 1998, LB 1073, § 136.
Neb. Rev. Stat. § 71-8918 — NE Code / Chapter 71 / Section 71-8918
View Statute 71-8918
Status: in_force

(1) An applicant for an initial or renewal license under the Veterinary Drug Distribution Licensing Act shall pay a license fee as provided in this section.

(2) License fees shall include (a) a base fee of fifty dollars and (b) an additional fee of not more than five hundred dollars based on variable costs to the department of inspections and of receiving and investigating complaints, other similar direct and indirect costs, and other costs of administering the act as determined by the department. If an application under the act is denied, the license fee shall be returned to the applicant, except that the department may retain up to twenty-five dollars as an administrative fee and may retain the entire license fee if an inspection has been completed prior to such denial.

(3) The department shall also collect a fee established by the department, not to exceed the actual cost to the department, for reinstatement of a license that has lapsed or has been suspended or revoked. The department shall collect a fee of ten dollars for a duplicate original license.

(4) The department shall remit all license fees collected under the act to the State Treasurer for credit to the Health and Human Services Cash Fund. License fees collected under this section shall only be used for activities related to the licensure of veterinary drug distributors.

Laws 2008, LB1022, § 18.
Neb. Rev. Stat. § 71-5207 — NE Code / Chapter 71 / Section 71-5207
View Statute 71-5207
Status: in_force

There is hereby created a program for the recruitment and training of physicians for rural communities, which shall be included as a program in the general budget of the University of Nebraska Medical Center. The purpose of such program shall be to coordinate, train, and recruit physicians to meet the medical service needs of rural communities.

Laws 1975, LB 571, § 7.
Neb. Rev. Stat. § 71-9401 — NE Code / Chapter 71 / Section 71-9401
View Statute 71-9401
Status: in_force

Sections 71-9401 to 71-9408 shall be known and may be cited as the Assisting Caregiver Transitions Act.

Laws 2016, LB698, § 7.
Neb. Rev. Stat. § 71-6039.04 — NE Code / Chapter 71 / Section 71-6039.04
View Statute 71-6039.04
Status: in_force

The department shall maintain a paid dining assistant registry and shall include in the registry individuals who have successfully completed a paid dining assistant course of training and a competency evaluation program.

Laws 2004, LB 1005, § 118.
Neb. Rev. Stat. § 71-3813 — NE Code / Chapter 71 / Section 71-3813
View Statute 71-3813
Status: in_force

(1) If a registered processor has been convicted by any court of a violation of the Kratom Consumer Protection Act, the processor may, in addition to the penalties for such offense, incur a forfeiture of the certificate of registration for its kratom products and all money that had been paid for such certificate of registration.

(2) If any materially false statement is made in any part of an application submitted under section 71-3807 , the applicant shall be subject to prosecution for perjury and if convicted may, in addition to the penalties for such offense, incur a forfeiture of any certificate of registration that was issued for the applicant's kratom products and all money that had been paid for such certificate of registration.

Laws 2025, LB230, § 13.
Neb. Rev. Stat. § 71-8403 — NE Code / Chapter 71 / Section 71-8403
View Statute 71-8403
Status: in_force

(1) A patient may request a copy of the patient's medical records or may request to examine such records. Access to such records shall be provided upon request pursuant to sections 71-8401 to 71-8407 , except that mental health medical records may be withheld if any treating physician, psychologist, or mental health practitioner determines in his or her professional opinion that release of the records would not be in the best interest of the patient unless the release is required by court order. The request and any authorization shall be in writing. If an authorization does not contain an expiration date or specify an event the occurrence of which causes the authorization to expire, the authorization shall expire twelve months after the date the authorization was executed by the patient.

(2) Upon receiving a written request for a copy of the patient's medical records under subsection (1) of this section, the provider shall furnish the person making the request a copy of such records not later than thirty days after the written request is received.

(3) Upon receiving a written request to examine the patient's medical records under subsection (1) of this section, the provider shall, as promptly as required under the circumstances but no later than ten days after receiving the request: (a) Make the medical records available for examination during regular business hours; (b) inform the patient if the records do not exist or cannot be found; (c) if the provider does not maintain the records, inform the patient of the name and address of the provider who maintains such records, if known; or (d) if unusual circumstances have delayed handling the request, inform the patient in writing of the reasons for the delay and the earliest date, not later than twenty-one days after receiving the request, when the records will be available for examination. The provider shall furnish a copy of medical records to the patient as provided in subsection (2) of this section if requested.

(4) This section does not require the retention of records or impose liability for the destruction of records in the ordinary course of business prior to receipt of a request made under subsection (1) of this section. A provider shall not be required to disclose confidential information in any medical record concerning another patient or family member who has not consented to the release of the record.

Laws 1999, LB 17, § 3;

Laws 2010, LB849, § 28.
Neb. Rev. Stat. § 71-6319.22 — NE Code / Chapter 71 / Section 71-6319.22
View Statute 71-6319.22
Status: in_force

Firm means a company, partnership, corporation, sole proprietorship, association, or other business entity that conducts lead-based paint abatement or abatement projects.

Laws 1999, LB 863, § 24.
Neb. Rev. Stat. § 71-8302 — NE Code / Chapter 71 / Section 71-8302
View Statute 71-8302
Status: in_force

For purposes of sections 71-8301 to 71-8314 , the definitions found in sections 71-8303 to 71-8307 are used.

Laws 1998, LB 1073, § 108.
Neb. Rev. Stat. § 71-5314 — NE Code / Chapter 71 / Section 71-5314
View Statute 71-5314
Status: in_force

Sections 71-5314 to 71-5327 shall be known and may be cited as the Drinking Water State Revolving Fund Act.

Laws 1997, LB 517, § 3.
Neb. Rev. Stat. § 71-5718.02 — NE Code / Chapter 71 / Section 71-5718.02
View Statute 71-5718.02
Status: in_force

(1) Electronic smoking device retail outlet means a store that:

(a) Is licensed as provided under sections 28-1421 and 28-1422 ;

(b) Sells electronic smoking devices and products directly related to electronic smoking devices;

(c) Does not sell alcohol or gasoline;

(d) Derives no more than twenty percent of its revenue from the sale of food and food ingredients as defined in section 77-2704.24 ; and

(e) Prohibits persons under twenty-one years of age from entering the store in accordance with subsection (2) of this section.

(2)(a) Prior to January 1, 2022, an electronic smoking device retail outlet shall not allow a person under twenty-one years of age to enter the store but may allow an employee who is under twenty-one years of age to work in the store.

(b) On and after January 1, 2022, an electronic smoking device retail outlet shall not allow a person under twenty-one years of age to enter the store and shall not allow an employee who is under twenty-one years of age to work in the store.

Laws 2020, LB840, § 5.
Neb. Rev. Stat. § 71-6319.28 — NE Code / Chapter 71 / Section 71-6319.28
View Statute 71-6319.28
Status: in_force

Lead-based paint hazard means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated paint or is present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the department.

Laws 1999, LB 863, § 30;

Laws 2007, LB296, § 658.
Neb. Rev. Stat. § 71-5662 — NE Code / Chapter 71 / Section 71-5662
View Statute 71-5662
Status: in_force

(1) To be eligible for a student loan under the Rural Health Systems and Professional Incentive Act, an applicant or a recipient shall be enrolled or accepted for enrollment in any of the following accredited programs in Nebraska:

(a) Medical or dental education program;

(b) Physician assistant education program;

(c) Nurse anesthesia practice program;

(d) Dietitian nutritionist program; or

(e) Approved mental health practice program in Nebraska.

(2) To be eligible for the medical resident incentive under the act, an applicant or a recipient shall be enrolled or accepted for enrollment in an approved medical specialty residency program in Nebraska.

(3) To be eligible for loan repayment under the act, an applicant or a recipient shall:

(a) Be one of the following:

(i) A pharmacist;

(ii) A dentist;

(iii) A physical therapist;

(iv) An occupational therapist;

(v) A mental health practitioner;

(vi) A psychologist licensed under the requirements of section 38-3114 or the equivalent thereof;

(vii) A nurse practitioner;

(viii) A nurse anesthetist;

(ix) A physician assistant;

(x) A dietitian nutritionist licensed under section 38-1813 ;

(xi) A psychiatrist; or

(xii) A physician in an approved specialty;

(b) Be licensed to practice in Nebraska;

(c) Not be enrolled in a residency program;

(d) Not be practicing under a provisional or temporary license; and

(e) Enter practice in a designated health profession shortage area in Nebraska.

Laws 1991, LB 400, § 13;

Laws 1994, LB 1223, § 59;

Laws 1996, LB 1155, § 51;

Laws 1997, LB 577, § 2;

Laws 2000, LB 1115, § 81;

Laws 2004, LB 1005, § 104;

Laws 2007, LB463, § 1234;

Laws 2008, LB797, § 19;

Laws 2015, LB196, § 5;

Laws 2023, LB50, § 37;

Laws 2025, LB312, § 1.
Neb. Rev. Stat. § 71-5724 — NE Code / Chapter 71 / Section 71-5724
View Statute 71-5724
Status: in_force

Place of employment means an indoor area under the control of a proprietor that an employee accesses as part of his or her employment without regard to whether the employee is present or work is occurring at any given time. The indoor area includes, but is not limited to, any work area, employee breakroom, restroom, conference room, meeting room, classroom, employee cafeteria, and hallway. A private residence is a place of employment when such residence is being used as a licensed child care program and one or more children who are not occupants of such residence are present.

Laws 2008, LB395, § 9.
Neb. Rev. Stat. § 71-4728.04 — NE Code / Chapter 71 / Section 71-4728.04
View Statute 71-4728.04
Status: in_force

(1) The commission may establish a telehealth system to provide access for deaf and hard of hearing persons in remote locations to mental health, alcoholism, and drug abuse services. The telehealth system may (a) provide access for deaf or hard of hearing persons to counselors who communicate in sign language and are knowledgeable in deafness and hearing loss issues, (b) promote access for hard of hearing persons through contacts with counselors in which hard of hearing persons receive both visual cues, or reading lips, and auditory cues, (c) offer remote interpreter services for deaf or hard of hearing persons to interact with counselors who are not fluent in sign language, and (d) promote participation in educational programs.

(2) The commission shall set and charge a fee between the range of twenty and one hundred fifty dollars per hour for the use of the telehealth system. The commission shall remit all fees collected pursuant to this section to the State Treasurer for credit to the Telehealth System Fund.

(3) For purposes of this section, telehealth has the same meaning as in section 71-8503 .

Laws 2001, LB 334, § 1;

Laws 2002, Second Spec. Sess., LB 49, § 1.
Neb. Rev. Stat. § 71-8917 — NE Code / Chapter 71 / Section 71-8917
View Statute 71-8917
Status: in_force

(1) A veterinary drug distributor license may be denied, refused renewal, suspended, limited, or revoked by the Director of Public Health if he or she finds that the applicant or licensee; the designated representative; the owner if a sole proprietorship; or any person having an interest in the applicant or licensee of more than ten percent has been found to have committed any of the following acts or offenses:

(a) Violation of the Veterinary Drug Distribution Licensing Act or the rules and regulations adopted and promulgated under the act;

(b) Conviction of a misdemeanor or felony under state law, federal law, or the law of another jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony under state law and which has a rational connection with the person's capacity to distribute veterinary legend drugs;

(c) Unprofessional conduct under the Uniform Credentialing Act;

(d) Active addiction as defined in section 38-106 ;

(e) Permitting, aiding, or abetting veterinary drug distribution or the performance of activities requiring a license under the Veterinary Drug Distribution Licensing Act by a person not licensed under the Veterinary Drug Distribution Licensing Act;

(f) Having had his or her credential denied, refused renewal, limited, suspended, or revoked or having had such credential disciplined in any other manner by another jurisdiction relating to the performance of veterinary drug distribution;

(g) Performing veterinary drug distribution without a valid license or in contravention of any limitation placed upon the license; or

(h) Fraud, forgery, or misrepresentation of material facts in procuring or attempting to procure a license under the Veterinary Drug Distribution Licensing Act.

(2) The department shall issue or renew a license to any applicant that satisfies the requirements for licensure or license renewal under the Veterinary Drug Distribution Licensing Act.

Laws 2008, LB1022, § 17.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-4746 — NE Code / Chapter 71 / Section 71-4746
View Statute 71-4746
Status: in_force

(1) The State Department of Education, in collaboration with the Commission for the Deaf and Hard of Hearing, shall establish and coordinate a language assessment program for children who are deaf or hard of hearing. The program shall assess, monitor, and track the language developmental milestones for children from birth through five years of age who are deaf or hard of hearing. The scope of the program shall include children who use one or more communication modes in American Sign Language, English literacy, and, if applicable, spoken English and visual supplements.

(2) Language assessments shall be given as needed to each child who is deaf or hard of hearing and who is less than six years of age in compliance with the Special Education Act and the federal Individuals with Disabilities Education Act, as such act existed on January 1, 2020. Such language assessments shall be provided in accordance with the provisions of this section and any recommendations adopted pursuant to this section.

(3) On or before December 31, 2022, and on or before each December 31 thereafter, the State Department of Education and the Commission for the Deaf and Hard of Hearing shall publish a joint report that is specific to language and literacy developmental milestones for each age from birth through five years of age of children who are deaf or hard of hearing, including children who are deaf or hard of hearing and have another disability, relative to such children's peers who are not deaf or hard of hearing. Such report shall be based on existing data annually reported by the State Department of Education in compliance with the federally required state performance plan on pupils with disabilities. The State Department of Education and the Commission for the Deaf and Hard of Hearing shall each publish the report on their respective websites. The report shall be electronically submitted to the Education Committee of the Legislature and the Clerk of the Legislature.

Laws 2020, LB965, § 5.

Special Education Act, see section 79-1110 .
Neb. Rev. Stat. § 71-7608 — NE Code / Chapter 71 / Section 71-7608
View Statute 71-7608
Status: in_force

(1) The Nebraska Tobacco Settlement Trust Fund is created. The fund shall include any settlement payments or other revenue received by the State of Nebraska in connection with any tobacco-related litigation to which the State of Nebraska is a party. The Department of Health and Human Services shall remit such revenue to the State Treasurer for credit to the fund.

(2) Subject to the terms and conditions of such litigation, money from the Nebraska Tobacco Settlement Trust Fund shall be transferred to the Nebraska Health Care Cash Fund as provided in section 71-7611 or, until June 30, 2027, to the Nebraska Transformational Project Fund.

(3) Any money in the Nebraska Tobacco Settlement Trust Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Laws 1998, LB 1070, § 4;

Laws 1999, LB 324, § 3;

Laws 2000, LB 1427, § 6;

Laws 2000, LB 1436, § 1;

Laws 2001, LB 692, § 16;

Laws 2003, LB 412, § 6;

Laws 2004, LB 1091, § 6;

Laws 2007, LB296, § 678;

Laws 2008, LB606, § 7;

Laws 2008, LB928, § 32;

Laws 2008, LB961, § 4;

Laws 2009, LB316, § 18;

Laws 2025, LB264, § 151.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-8008 — NE Code / Chapter 71 / Section 71-8008
View Statute 71-8008
Status: in_force

The Department of Health and Human Services may adopt and promulgate rules and regulations to implement the Certified Industrial Hygienist Title Protection Act and to further regulate the use of the term certified industrial hygienist.

Laws 1997, LB 558, § 8;

Laws 2007, LB296, § 687.
Neb. Rev. Stat. § 38-1223 — NE Code / Chapter 71 / Section 38-1223
38-1223
Status: in_force

Each licensed emergency medical service shall have a physician medical director.

Laws 1997, LB 138, § 12;

R.S.1943, (2003), § 71-5183;

Laws 2007, LB463, § 507.
Neb. Rev. Stat. § 71-6218 — NE Code / Chapter 71 / Section 71-6218
View Statute 71-6218
Status: in_force

Regulated health professions shall mean those persons or groups who are currently licensed or otherwise regulated under the Uniform Credentialing Act, who are qualified by training, education, or experience to perform the functions prescribed in this section, and whose principal functions, customarily performed for remuneration, are to render services directly or indirectly to individuals for the purpose of:

(1) Preventing physical, mental, or emotional injury or illness;

(2) Facilitating recovery from injury or illness;

(3) Providing rehabilitative or continuing care following injury or illness; or

(4) Providing any other health service, health-related service, or environmental service which may be subject to regulation by the division.

Laws 1985, LB 407, § 18;

Laws 2007, LB463, § 1242;

Laws 2012, LB834, § 15.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-6018.01 — NE Code / Chapter 71 / Section 71-6018.01
View Statute 71-6018.01
Status: in_force

(1) Unless a waiver is granted pursuant to subsection (2) of this section, a nursing facility shall use the services of (a) a licensed registered nurse for at least eight consecutive hours per day, seven days per week and (b) a licensed registered nurse or licensed practical nurse on a twenty-four-hour basis seven days per week. Except when waived under subsection (2) of this section, a nursing facility shall designate a licensed registered nurse or licensed practical nurse to serve as a charge nurse on each tour of duty. The Director of Nursing Services shall be a licensed registered nurse, and this requirement shall not be waived. The Director of Nursing Services may serve as a charge nurse only when the nursing facility has an average daily occupancy of sixty or fewer residents.

(2) The department may waive either the requirement that a nursing facility or long-term care hospital certified under Title XIX of the federal Social Security Act, as amended, use the services of a licensed registered nurse for at least eight consecutive hours per day, seven days per week, or the requirement that a nursing facility or long-term care hospital certified under Title XIX of the federal Social Security Act, as amended, use the services of a licensed registered nurse or licensed practical nurse on a twenty-four-hour basis seven days per week, including the requirement for a charge nurse on each tour of duty, if:

(a)(i) The facility or hospital demonstrates to the satisfaction of the department that it has been unable, despite diligent efforts, including offering wages at the community prevailing rate for the facilities or hospitals, to recruit appropriate personnel;

(ii) The department determines that a waiver of the requirement will not endanger the health or safety of individuals staying in the facility or hospital; and

(iii) The department finds that, for any periods in which licensed nursing services are not available, a licensed registered nurse or physician is obligated to respond immediately to telephone calls from the facility or hospital; or

(b) The department has been granted any waiver by the federal government of staffing standards for certification under Title XIX of the federal Social Security Act, as amended, and the requirements of subdivisions (a)(ii) and (iii) of this subsection have been met.

(3) The department shall apply for such a waiver from the federal government to carry out subdivision (1)(b) of this section.

(4) A waiver granted under this section shall be subject to annual review by the department. As a condition of granting or renewing a waiver, a facility or hospital may be required to employ other qualified licensed personnel. The department may grant a waiver under this section if it determines that the waiver will not cause the State of Nebraska to fail to comply with any of the applicable requirements of medicaid so as to make the state ineligible for the receipt of all funds to which it might otherwise be entitled.

(5) The department shall provide notice of the granting of a waiver to the office of the state long-term care ombudsman and to the Nebraska Advocacy Services or any successor designated for the protection of and advocacy for persons with mental illness or an intellectual disability. A nursing facility granted a waiver shall provide written notification to each resident of the facility or, if appropriate, to the guardian, legal representative, or immediate family of the resident.

Laws 2000, LB 819, § 126;

Laws 2007, LB296, § 639;

Laws 2013, LB23, § 37.
Neb. Rev. Stat. § 71-7454 — NE Code / Chapter 71 / Section 71-7454
71-7454
Status: in_force

(1) No wholesale drug distributor, manufacturer, or pharmacy shall knowingly purchase or receive any prescription drug from any source other than a person or entity licensed under the Wholesale Drug Distributor Licensing Act except transfers for emergency medical reasons and except as provided in subsection (3) of section 71-2449 , the gross dollar value of which shall not exceed five percent of the total prescription drug sales revenue of the transferor or transferee holder of a pharmacy license or practitioner as defined in section 38-2838 during the immediately preceding calendar year, and except as otherwise provided in the act.

(2) A wholesale drug distributor may receive returns or exchanges of prescription drugs from a pharmacy, chain pharmacy warehouse, health care practitioner facility as defined in section 71-414 , or hospital as defined in section 71-419 pursuant to the terms and conditions agreed upon between such wholesale drug distributor and such pharmacy, chain pharmacy warehouse, health care practitioner facility, or hospital. Such returns and exchanges shall not be subject to sections 71-7455 to 71-7457 . A wholesale drug distributor shall not receive from a pharmacy, chain pharmacy warehouse, health care practitioner facility, or hospital an amount or quantity of a prescription drug greater than the amount or quantity that was originally sold by the wholesale drug distributor to such pharmacy, chain pharmacy warehouse, health care practitioner facility, or hospital.

(3) A manufacturer or wholesale drug distributor shall furnish prescription drugs only to persons licensed by the department and shall verify such licensure before furnishing prescription drugs to a person not known to the manufacturer or wholesale drug distributor.

(4) Prescription drugs furnished by a manufacturer or wholesale drug distributor shall be delivered only to the premises listed on the license, except that a manufacturer or wholesale drug distributor may furnish prescription drugs to a person licensed by the department or his or her agent at the premises of the manufacturer or wholesale drug distributor if:

(a) The identity and authorization of the recipient is properly established; and

(b) This method of receipt is employed only to meet the prescription drug needs of a particular patient of the person licensed by the department.

(5) Prescription drugs may be furnished to a hospital pharmacy receiving area. Receipt of such drugs shall be acknowledged by written receipt signed by a pharmacist or other authorized personnel. The receipt shall contain the time of delivery and the type and quantity of the prescription drug received. Any discrepancy between the signed receipt and the type and quantity of prescription drug actually received shall be reported by the receiving authorized pharmacy personnel to the delivering manufacturer or wholesale drug distributor by the next business day after the delivery to the pharmacy receiving area.

(6) A manufacturer or wholesale drug distributor shall only accept payment or allow the use of credit to establish an account for the purchase of prescription drugs from the owner or owners of record, the chief executive officer, or the chief financial officer listed on the license of a person or entity legally authorized to receive prescription drugs. Any account established for the purchase of prescription drugs shall bear the name of such licensee.

Laws 1992, LB 1019, § 16;

Laws 1998, LB 1073, § 158;

Laws 2001, LB 398, § 83;

R.S.1943, (2003), § 71-7416;

Laws 2006, LB 994, § 28;

Laws 2007, LB463, § 1295;

Laws 2008, LB308, § 13.
Neb. Rev. Stat. § 71-8234 — NE Code / Chapter 71 / Section 71-8234
View Statute 71-8234
Status: in_force

Trauma team means a team of physicians, nurses, medical technicians, and other personnel compiled to respond to an acutely injured patient upon the patient's arrival at the hospital.

Laws 1997, LB 626, § 34;

Laws 2009, LB195, § 97;

Laws 2023, LB227, § 105.
Neb. Rev. Stat. § 71-8407 — NE Code / Chapter 71 / Section 71-8407
View Statute 71-8407
Status: in_force

Sections 71-8401 to 71-8407 do not apply to the release of medical records under the Nebraska Workers' Compensation Act.

Laws 1999, LB 17, § 7.

Nebraska Workers' Compensation Act, see section 48-1,110 .
Neb. Rev. Stat. § 71-5305.01 — NE Code / Chapter 71 / Section 71-5305.01
View Statute 71-5305.01
Status: in_force

All new community water systems and new nontransient noncommunity water systems commencing operation after October 1, 1999, shall demonstrate technical, managerial, and financial capacity to operate under the Nebraska Safe Drinking Water Act.

The director may adopt and promulgate rules and regulations to determine demonstration requirements for technical, managerial, and financial capacity of community water systems and nontransient noncommunity water systems.

Laws 1997, LB 517, § 20;

Laws 2007, LB296, § 613.
Neb. Rev. Stat. § 38-1510 — NE Code / Chapter 71 / Section 38-1510
38-1510
Status: in_force

(1) A licensed hearing instrument specialist shall only provide services to an individual who is eighteen years of age or older unless prohibited by federal law.

(2) The Hearing Instrument Specialists Practice Act does not change the scope of practice of a licensed audiologist.

(3) The Hearing Instrument Specialists Practice Act is not intended to prevent any person from engaging in the practice of measuring human hearing for the purpose of selection of hearing instruments if such person or organization employing such person does not sell hearing instruments or the accessories thereto.

(4) The Hearing Instrument Specialists Practice Act does not apply to a person who is a physician or audiologist licensed to practice in this state, except that such physician or audiologist shall not delegate the authority to fit and dispense hearing instruments unless the person to whom the authority is delegated is licensed as a hearing instrument specialist under the act.

Laws 1969, c. 767, § 4, p. 2905;

Laws 1986, LB 701, § 4;

Laws 1988, LB 1100, § 150;

R.S.1943, (2003), § 71-4704;

Laws 2007, LB463, § 574;

Laws 2009, LB195, § 28;

Laws 2025, LB332, § 18.
Neb. Rev. Stat. § 71-8218 — NE Code / Chapter 71 / Section 71-8218
View Statute 71-8218
Status: in_force

General level trauma center means a trauma center that (1) provides initial evaluation and stabilization, including surgical stabilization if appropriate, and general medical and surgical inpatient services to patients who can be maintained in a stable or improving condition without specialized care, (2) prepares for transfer and transfers patients meeting predetermined criteria pursuant to the rules and regulations adopted under the Statewide Trauma System Act to higher level trauma centers, (3) is physician directed within a formally organized trauma team, (4) provides trauma-trained physicians and nurses to the emergency department within thirty minutes of notification, (5) has personnel available who can initiate surgery, (6) has appropriate diagnostic capabilities and equipment, and (7) maintains appropriate equipment for pediatric trauma patients in the emergency department, intensive care unit, and operating room.

Laws 1997, LB 626, § 18;

Laws 2009, LB195, § 93.
Neb. Rev. Stat. § 71-6307 — NE Code / Chapter 71 / Section 71-6307
View Statute 71-6307
Status: in_force

The licensee or a business entity, whether excepted from the requirements for licensure by section 71-6302 or whether operating under a waiver, shall keep a record of each asbestos project and shall make the record available to the department at any reasonable time. All such records shall be kept for at least thirty years. Each record shall include:

(1) The name, address, and license number of the individual who supervised the asbestos project and of each employee or agent who worked on the project;

(2) The location and description of the project and the amount of asbestos material that was removed;

(3) The starting and completion dates of each instance of asbestos encapsulation, demolition, dismantling, maintenance, or removal;

(4) A summary of the procedures that were used to comply with all applicable standards;

(5) The name and address of each asbestos disposal site where the waste containing asbestos was deposited; and

(6) Such other information as the department may deem necessary for the efficient administration and enforcement of the Asbestos Control Act and for the protection of the health, safety, and welfare of all classes of asbestos occupations and the general public.

Laws 1986, LB 1051, § 7;

Laws 1988, LB 1073, § 7;

Laws 2007, LB463, § 1248.
Neb. Rev. Stat. § 71-8508 — NE Code / Chapter 71 / Section 71-8508
View Statute 71-8508
Status: in_force

The department shall adopt and promulgate rules and regulations to carry out the Nebraska Telehealth Act, including, but not limited to, rules and regulations to: (1) Ensure the provision of appropriate care to patients; (2) prevent fraud and abuse; and (3) establish necessary methods and procedures.

Laws 1999, LB 559, § 8;

Laws 2014, LB1076, § 3.
Neb. Rev. Stat. § 71-6736 — NE Code / Chapter 71 / Section 71-6736
View Statute 71-6736
Status: in_force

(1) Any facility or person using the services of a medication aide shall report to the department, in the manner specified by the department by rule and regulation, any facts known to him, her, or it, including, but not limited to, the identity of the medication aide and the recipient, when it takes action adversely affecting a medication aide due to alleged incompetence. The report shall be made within thirty days after the date of the action or event.

(2) Any person may report to the department any facts known to him or her concerning any alleged incompetence of a medication aide.

(3) A report made to the department under this section shall be confidential. The facility, organization, association, or person making such report shall be immune from criminal or civil liability of any nature, whether direct or derivative, for filing a report or for disclosure of documents, records, or other information to the department under this section. The reports and information shall be subject to the investigatory and enforcement provisions of the regulatory provisions listed in the Medication Aide Act. This subsection does not require production of records protected by the Health Care Quality Improvement Act or section 25-12,123 or patient safety work product under the Patient Safety Improvement Act except as otherwise provided in either of such acts or such section.

Laws 1998, LB 1354, § 26;

Laws 2005, LB 361, § 34;

Laws 2011, LB431, § 14.

Health Care Quality Improvement Act, see section 71-7904 .

Patient Safety Improvement Act, see section 71-8701 .
Neb. Rev. Stat. § 71-7463 — NE Code / Chapter 71 / Section 71-7463
71-7463
Status: in_force

The department, upon the recommendation of the board, shall adopt and promulgate rules and regulations to carry out the Wholesale Drug Distributor Licensing Act.

Laws 1992, LB 1019, § 22;

R.S.1943, (2003), § 71-7422;

Laws 2006, LB 994, § 37.
Neb. Rev. Stat. § 71-6229 — NE Code / Chapter 71 / Section 71-6229
View Statute 71-6229
Status: in_force

Nothing in the Nebraska Regulation of Health Professions Act shall apply to the practice of the religious tenets of any recognized church or religious denomination which includes healing solely by spiritual means through prayer.

Laws 1985, LB 407, § 29.
Neb. Rev. Stat. § 71-8232 — NE Code / Chapter 71 / Section 71-8232
View Statute 71-8232
Status: in_force

Trauma means a single-system or multisystem injury requiring immediate medical or surgical intervention or treatment to prevent death or permanent disability.

Laws 1997, LB 626, § 32;

Laws 2009, LB195, § 96.
Neb. Rev. Stat. § 71-9604 — NE Code / Chapter 71 / Section 71-9604
View Statute 71-9604
Status: in_force

To be acceptable under the Investigational Drug Use Act, a written, informed consent shall consist of a signed writing executed by an eligible patient, or his or her parent or legal guardian if the eligible patient is a minor, and attested to by the eligible patient's treating physician, that:

(1) Explains the approved products and treatments available at that time for the disease or condition from which the patient suffers;

(2) Attests to the fact that the patient concurs with his or her treating physician that no treatment then approved by the United States Food and Drug Administration would likely prolong the patient’s life;

(3) Clearly identifies the specific proposed investigational drug, biological product, or device that the patient is seeking to use;

(4) Describes the potential outcomes, if known, of using the investigational drug, biological product, or device. The description shall include any possibility of worsening symptoms and death hastened by the treatment;

(5) Contains a statement that the patient's health insurance carrier is not obligated to pay for the investigational drug, biological product, or device; and

(6) Makes clear that the patient understands that he or she is liable for all expenses of the investigational drug, biological product, or device.

Laws 2018, LB117, § 4.
Neb. Rev. Stat. § 71-5649 — NE Code / Chapter 71 / Section 71-5649
View Statute 71-5649
Status: in_force

The Legislature shall appropriate sufficient funds to the Department of Health and Human Services to enable the Office of Rural Health to carry out its duties pursuant to section 71-5647 .

Laws 1990, LB 994, § 4;

Laws 1991, LB 400, § 24;

Laws 1996, LB 1044, § 726;

Laws 1998, LB 1073, § 152;

Laws 2005, LB 301, § 53;

Laws 2007, LB296, § 624.
Neb. Rev. Stat. § 71-9509 — NE Code / Chapter 71 / Section 71-9509
View Statute 71-9509
Status: in_force

A direct agreement shall not be sold or transferred by either party without the written consent of the other party to the direct agreement.

Laws 2016, LB817, § 9.
Neb. Rev. Stat. § 71-4616 — NE Code / Chapter 71 / Section 71-4616
View Statute 71-4616
Status: in_force

(1) Every manufacturer shall furnish notification of any failure to conform in any manufactured home or recreational vehicle produced by such manufacturer which the manufacturer determines, in good faith, violates a standard adopted by the commission or which constitutes an imminent safety hazard or serious defect in a single manufactured home or recreational vehicle or noncompliance determined to be in a class of manufactured homes or recreational vehicles to the purchaser of such manufactured home or recreational vehicle, within a reasonable time after such manufacturer has discovered the failure to conform.

(2) The notification required by this section shall be accomplished:

(a) By certified mail to the first purchaser, not including any dealer or distributor of such manufacturer, of the manufactured home or recreational vehicle containing the failure to conform and to any subsequent purchaser to whom any warranty on such manufactured home or recreational vehicle has been transferred;

(b) By certified mail to any other person who is a registered owner of such manufactured home or recreational vehicle and whose name and address has been ascertained pursuant to procedures established under section 71-4619 ; and

(c) By certified mail or other more expeditious means to the dealer or dealers of such manufacturer to whom such manufactured home or recreational vehicle was delivered.

(3) The notification required by subsection (1) of this section shall contain a clear description of such failure to conform, an evaluation of the risk to occupant safety reasonably related to such failure to conform, and a statement of the measures needed to repair the failure to conform. The notification shall also inform the owner whether the failure to conform is a construction or safety failure to conform which the manufacturer will have corrected at no cost to the owner of the manufactured home or recreational vehicle or a failure to conform which must be corrected at the expense of the owner.

Laws 1975, LB 300, § 15;

Laws 1985, LB 313, § 19;

Laws 1993, LB 536, § 96;

Laws 1998, LB 1073, § 140.
Neb. Rev. Stat. § 71-5319 — NE Code / Chapter 71 / Section 71-5319
View Statute 71-5319
Status: in_force

If funds are loaned to or otherwise credited to the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund with an obligation to repay such loan or credit, the obligation to repay the amount of the loan or credit and the interest thereon shall, upon authorization by the council and execution and delivery by the department of an agreement to repay the loan or credit, be a valid and binding obligation of such funds or either fund or portions thereof and payable in accordance with the terms of the agreement executed by the department.

Laws 1997, LB 517, § 8.
Neb. Rev. Stat. § 71-6217 — NE Code / Chapter 71 / Section 71-6217
View Statute 71-6217
Status: in_force

Registration shall mean the formal notification which, prior to rendering services, a practitioner submits to a state agency setting forth the name and address of the practitioner, the location, nature, and operation of the health activity to be practiced, and such other information which is required by the regulatory entity. A registered practitioner may be subject to discipline and standards of professional conduct established by the regulatory entity and may be required to meet any test of education, experience, or training in order to render services.

Laws 1985, LB 407, § 17;

Laws 1988, LB 384, § 5;

Laws 2012, LB834, § 14.
Neb. Rev. Stat. § 71-4825 — NE Code / Chapter 71 / Section 71-4825
View Statute 71-4825
Status: in_force

For purposes of the Revised Uniform Anatomical Gift Act:

(1) Adult means an individual who is at least eighteen years of age;

(2) Agent means an individual:

(A) Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

(B) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal;

(3) Anatomical gift means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education;

(4) Decedent means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than the Revised Uniform Anatomical Gift Act, a fetus. The term decedent does not include a blastocyst, embryo, or fetus that is the subject of an induced abortion;

(5) Disinterested witness means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under section 71-4834 ;

(6) Document of gift means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry;

(7) Donor means an individual whose body or part is the subject of an anatomical gift;

(8) Donor registry means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts;

(9) Driver's license means a license or permit issued by the Department of Motor Vehicles to operate a vehicle, whether or not conditions are attached to the license or permit;

(10) Eye bank means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes;

(11) Guardian means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem;

(12) Hospital means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state;

(13) Identification card means a state identification card issued by the Department of Motor Vehicles;

(14) Know means to have actual knowledge;

(15) Minor means an individual who is under eighteen years of age;

(16) Organ procurement organization means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization;

(17) Parent means a parent whose parental rights have not been terminated;

(18) Part means an organ, an eye, or tissue of a human being. The term does not include the whole body;

(19) Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;

(20) Physician means an individual authorized to practice medicine or osteopathy under the law of any state;

(21) Procurement organization means an eye bank, organ procurement organization, or tissue bank;

(22) Prospective donor means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal;

f any state;

(21) Procurement organization means an eye bank, organ procurement organization, or tissue bank;

(22) Prospective donor means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal;

(23) Reasonably available means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift;

(24) Recipient means an individual into whose body a decedent's part has been or is intended to be transplanted;

(25) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(26) Refusal means a record created under section 71-4830 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part;

(27) Sign means, with the present intent to authenticate or adopt a record:

(A) To execute or adopt a tangible symbol; or

(B) To attach to or logically associate with the record an electronic symbol, sound, or process;

(28) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;

(29) Technician means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator;

(30) Tissue means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education;

(31) Tissue bank means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue; and

(32) Transplant hospital means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.

Laws 2010, LB1036, § 2.
Neb. Rev. Stat. § 71-8613 — NE Code / Chapter 71 / Section 71-8613
View Statute 71-8613
Status: in_force

The commission shall file an annual report with the Governor and the Clerk of the Legislature, prior to each regular session of the Legislature, which details the activities and expenditures of the commission and shall include separately information related to the activities and expenditures of the vending facility program as well as estimates of anticipated expenditures and anticipated revenue available to the vending facility program from all sources. The report submitted to the Clerk of the Legislature shall be submitted electronically.

Laws 2000, LB 352, § 13;

Laws 2012, LB782, § 127.
Neb. Rev. Stat. § 71-5311.02 — NE Code / Chapter 71 / Section 71-5311.02
View Statute 71-5311.02
Status: in_force

The director shall make every effort to obtain voluntary compliance through warning, conference, or any other appropriate means prior to initiating enforcement proceedings, except that such requirement shall not be construed to alter enforcement duties or requirements of the director and the department.

Laws 1997, LB 517, § 23;

Laws 2007, LB296, § 619.
Neb. Rev. Stat. § 71-8928 — NE Code / Chapter 71 / Section 71-8928
View Statute 71-8928
Status: in_force

The department may adopt and promulgate rules and regulations to carry out the Veterinary Drug Distribution Licensing Act.

Laws 2008, LB1022, § 28.
Neb. Rev. Stat. § 71-7709 — NE Code / Chapter 71 / Section 71-7709
View Statute 71-7709
Status: in_force

(1) Any party to a cooperative agreement which has been approved in whole or in part by the department pursuant to the Health Care Facility-Provider Cooperation Act shall be immune from any civil or criminal antitrust action if such action is based upon the cooperative agreement or arises from conduct or activity reasonably necessary and reasonably foreseeable to implement such agreement or any decision or order issued by the department.

(2) Any part to a cooperative agreement that has been filed with the department pursuant to the act shall be immune from any civil or criminal antitrust action if such action is based upon or arises from the negotiation of or entering into the cooperative agreement.

(3) All persons who participate in community planning, discussions, or negotiations intended in good faith to culminate in a cooperative agreement to be filed with the department pursuant to the provisions of the act shall be immune from any civil or criminal antitrust action if such action is based upon or arises from such conduct.

(4)(a) The immunity provided in this section shall apply only to community planning, discussions, and negotiations that occur after notice of such activities has been sent to the department in accordance with the requirements of subdivision (b) of this subsection.

(b) The notice to the department required by subdivision (a) of this subsection shall include a description of the proposed purpose of the agreement, the potential parties, and the potential nature and scope of the cooperation and joint activities contemplated. The persons filing such notice shall also notify the department if negotiations have terminated, or if negotiations are continuing they shall notify the department of progress of negotiation at least once every six months. The department may request additional information from the potential parties and may communicate with and monitor the parties in any manner the department deems necessary but shall not hinder or interfere with negotiations.

(5) The submission of a cooperative agreement for department approval pursuant to the act shall be voluntary, and the failure of the parties to any such agreement to seek approval shall not be admissible in any civil or criminal antitrust action if such action is based upon the cooperative agreement or arises from conduct or activity reasonably necessary and reasonably foreseeable to implement the cooperative agreement.

(6) Nothing in the act shall be construed to limit the application of any other statute concerning the licensure of facilities, services, or professions, and any activities undertaken pursuant to a cooperative agreement shall comply with applicable law.

Laws 1994, LB 1223, § 119.
Neb. Rev. Stat. § 71-6802 — NE Code / Chapter 71 / Section 71-6802
View Statute 71-6802
Status: in_force

No medical facility or research facility shall use any genetic sequencer or operational and research software for genetic sequencing if such genetic sequencer or operational and research software is produced in or by any:

(1) Foreign adversary;

(2) State-owned enterprise of any foreign adversary;

(3) Business domiciled in any foreign adversary; or

(4) Subsidiary or affiliate of a business domiciled in any foreign adversary.

Laws 2025, LB644, § 33.
Neb. Rev. Stat. § 71-6319.34 — NE Code / Chapter 71 / Section 71-6319.34
View Statute 71-6319.34
Status: in_force

Reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.

Laws 1999, LB 863, § 36.
Neb. Rev. Stat. § 71-9502 — NE Code / Chapter 71 / Section 71-9502
View Statute 71-9502
Status: in_force

(1) It is the intent of the Legislature to promote personal responsibility for health care and cost-effective delivery of health care by enabling the innovative use of direct primary care practice agreements for primary medical care in order to improve access to medical care, reduce the use of emergency departments for primary care, and allow emergency departments to treat emergencies more effectively and reduce costs.

(2) The purpose of the Direct Primary Care Agreement Act is to confirm that direct primary care agreements that meet the requirements of the act do not constitute insurance or function as a qualified health plan pursuant to any federal mandates.

Laws 2016, LB817, § 2.
Neb. Rev. Stat. § 71-6319.27 — NE Code / Chapter 71 / Section 71-6319.27
View Statute 71-6319.27
Status: in_force

Lead-based paint activities means, in the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement.

Laws 1999, LB 863, § 29.
Neb. Rev. Stat. § 71-6606 — NE Code / Chapter 71 / Section 71-6606
View Statute 71-6606
Status: in_force

After January 1, 1989, home health agencies shall employ only home health aides qualified to provide home health care pursuant to sections 71-6601 to 71-6615 . The department shall prescribe procedures for verification by home health agencies of successful completion of the requirements of section 71-6603 . Home health agencies shall provide direction and supervision of home health aides. Home health agencies shall provide or make available to their home health aides four one-hour inservice programs per year on subjects relevant to home health care and shall verify such programs in a manner and method prescribed by the department.

Laws 1988, LB 1100, § 121;

Laws 1991, LB 703, § 57.
Neb. Rev. Stat. § 71-6312 — NE Code / Chapter 71 / Section 71-6312
View Statute 71-6312
Status: in_force

(1) An individual or business entity which engages in an asbestos project without a valid license, except as otherwise provided in the Asbestos Control Act, shall be assessed a civil penalty of not less than five thousand dollars nor more than twenty-five thousand dollars for the first offense and not less than twenty-five thousand dollars nor more than one hundred thousand dollars for a second or subsequent offense. Each day a violation continues shall constitute a separate offense.

(2) An individual who engages in an asbestos occupation without a valid license, except as otherwise provided in the act, shall be assessed a civil penalty of not less than five hundred dollars nor more than five thousand dollars for the first offense and not less than one thousand dollars nor more than fifteen thousand dollars for the second or subsequent offense. Each day a violation continues shall constitute a separate offense.

(3) Any business entity which knowingly engages in an asbestos project but which uses employees who do not hold a license shall be assessed a civil penalty of not less than five hundred dollars nor more than five thousand dollars for the first offense and not less than five thousand dollars nor more than ten thousand dollars for a second or subsequent offense. Each day a violation continues shall constitute a separate offense.

(4) The civil penalties prescribed in subsections (1), (2), and (3) of this section shall be assessed in a civil action brought for such purpose by the Attorney General in the district court of the county in which the violation occurred.

(5) An individual or business entity which has been assessed a civil penalty under this section and subsequently engages in an asbestos project or an asbestos occupation without a valid license or using employees who do not hold a license, except as otherwise provided in the Asbestos Control Act:

(a) For a first offense, shall be guilty of a Class I misdemeanor; and

(b) For a second or subsequent offense, shall be guilty of a Class IV felony.

Laws 1986, LB 1051, § 12;

Laws 1988, LB 1073, § 10;

Laws 1990, LB 923, § 3;

Laws 2007, LB463, § 1255.
Neb. Rev. Stat. § 71-7437 — NE Code / Chapter 71 / Section 71-7437
View Statute 71-7437
Status: in_force

Facility means a physical structure utilized by a wholesale drug distributor for the storage, handling, or repackaging of prescription drugs or the offering of prescription drugs for sale.

Laws 2006, LB 994, § 11.
Neb. Rev. Stat. § 71-6319.19 — NE Code / Chapter 71 / Section 71-6319.19
View Statute 71-6319.19
Status: in_force

Encapsulant means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating, with or without reinforcement materials, or an adhesively bonded covering material.

Laws 1999, LB 863, § 21.
Neb. Rev. Stat. § 71-4729 — NE Code / Chapter 71 / Section 71-4729
View Statute 71-4729
Status: in_force

The commission shall in fulfilling its responsibilities enumerated in section 71-4728 cooperate with any state agency having authority related to the problems of deaf or hard of hearing persons. Such agencies shall also cooperate with the commission. Avoidance of unnecessary duplication of state-delivered services to deaf or hard of hearing persons shall be a primary objective of such cooperation.

Laws 1979, LB 101, § 10;

Laws 1981, LB 250, § 6;

Laws 1995, LB 25, § 7;

Laws 1997, LB 851, § 22.
Neb. Rev. Stat. § 71-8406 — NE Code / Chapter 71 / Section 71-8406
View Statute 71-8406
Status: in_force

A provider who transfers or submits information in good faith to a patient's medical record shall not be liable in damages to the patient or any other person for the disclosure of such medical records as provided in sections 71-8401 to 71-8407 .

Laws 1999, LB 17, § 6.
Neb. Rev. Stat. § 71-8902 — NE Code / Chapter 71 / Section 71-8902
View Statute 71-8902
Status: in_force

The purpose of the Veterinary Drug Distribution Licensing Act is to protect the public health, safety, and welfare by providing for the authorization and licensure of veterinary drug distributors in the State of Nebraska and for the development, establishment, and enforcement of basic standards for such distributors.

Laws 2008, LB1022, § 2.
Neb. Rev. Stat. § 71-4735 — NE Code / Chapter 71 / Section 71-4735
View Statute 71-4735
Status: in_force

(1) The Legislature finds that:

(a) Hearing loss occurs in newborns more frequently than any other health condition for which newborn screening is required;

(b) Early detection of hearing loss in a child and early intervention and treatment before six months of age has been demonstrated to be highly effective in facilitating a child's language, communication, and educational development;

(c) Children of all ages can receive reliable and valid screening for hearing loss in a cost-effective manner; and

(d) Appropriate screening and identification of newborns and infants with hearing loss will facilitate early intervention and treatment in the critical time period for language development and may serve the public purposes of promoting the healthy development of children and reducing public expenditure for health care, special education, and related services.

(2) The purpose of the Infant Hearing Act is:

(a) To provide early detection of hearing loss in newborns at the birthing facility, or as soon after birth as possible for those children born outside of a birthing facility, to enable these children and their families and other caregivers to obtain needed multidisciplinary evaluation, treatment, and intervention services at the earliest opportunity and to prevent or mitigate the developmental delays and academic failures associated with late detection of hearing loss; and

(b) To provide the state with the information necessary to effectively plan, establish, and evaluate a comprehensive system for the identification of newborns and infants who have a hearing loss.

Laws 2000, LB 950, § 2.
Neb. Rev. Stat. § 71-4606 — NE Code / Chapter 71 / Section 71-4606
View Statute 71-4606
Status: in_force

If any other state has plumbing, heating, electrical, or body and frame design and construction codes for recreational vehicles at least equal to those established under the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, the commission, upon determining that such standards are being enforced by such other state, shall place such other state on a reciprocity list, which list shall be available to any interested person. Any recreational vehicle which bears the seal of any state which has been placed on the reciprocity list shall not be required to bear the seal issued by this state. A manufactured home manufactured more than four months after May 27, 1975, which does not bear the federal manufactured-home label issued by this state or by a state which has been placed on the reciprocity list shall not be permitted to be manufactured, offered for sale, sold, or leased by a manufacturer, dealer, or any other person anywhere within this state nor delivered from this state into any other state or jurisdiction unless destined for sale outside the United States. A recreational vehicle manufactured in this state, which is offered for sale, sold, or leased by a manufacturer, dealer, or other person anywhere outside this state, shall not be required to bear the seal issued by this state. If a recreational vehicle has a certificate of title or other certification from a state on the reciprocity list, a dealer may sell it unless he or she has actual knowledge that the recreational vehicle does not meet the standards of the state which has issued a certificate of title or other certification for it, so long as it bears the seal issued by this state or a state on the reciprocity list. No dealer or distributor shall sell a manufactured home or recreational vehicle if it contains a defect, a serious defect, or an imminent safety hazard.

Laws 1969, c. 557, § 6, p. 2273;

Laws 1971, LB 654, § 3;

Laws 1975, LB 300, § 7;

Laws 1985, LB 313, § 11;

Laws 1993, LB 536, § 89;

Laws 1996, LB 1155, § 34;

Laws 1998, LB 1073, § 131.
Neb. Rev. Stat. § 71-7606 — NE Code / Chapter 71 / Section 71-7606
View Statute 71-7606
Status: in_force

(1) The purpose of the Nebraska Health Care Funding Act is to provide for the use of dedicated revenue for health-care-related expenditures and administration and enforcement of the Master Settlement Agreement as defined in section 69-2702 .

(2) Any funds appropriated or distributed under the act shall not be considered ongoing entitlements or obligations on the part of the State of Nebraska and shall not be used to replace existing funding for existing programs.

(3) No funds appropriated or distributed under the act shall be used for abortion, abortion counseling, referral for abortion, or research or activity of any kind involving the use of human fetal tissue obtained in connection with the performance of an induced abortion or involving the use of human embryonic stem cells or for the purpose of obtaining other funding for such use.

(4) The Department of Health and Human Services shall report annually to the Legislature and the Governor regarding the use of funds appropriated under the act and the outcomes achieved from such use. The report submitted to the Legislature shall be submitted electronically.

Laws 1998, LB 1070, § 2;

Laws 2000, LB 1427, § 3;

Laws 2001, LB 692, § 14;

Laws 2003, LB 412, § 4;

Laws 2007, LB296, § 676;

Laws 2008, LB469, § 1;

Laws 2011, LB590, § 18;

Laws 2012, LB782, § 124.
Neb. Rev. Stat. § 71-7909 — NE Code / Chapter 71 / Section 71-7909
View Statute 71-7909
Status: in_force

Peer review means the procedure by which health care providers evaluate the quality and efficiency of services ordered or performed by other health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, root cause analysis, claims review, underwriting assistance, and the compliance of a hospital, nursing home, or other health care facility operated by a health care provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations.

Laws 2011, LB431, § 6.