Neb. Rev. Stat. § 71-6223.02 — NE Code / Chapter 71 / Section 71-6223.02
View Statute 71-6223.02
Status: in_force

At any time the director and the chairperson may initiate a directed review or the chairperson in consultation with the members of the Health and Human Services Committee of the Legislature may initiate a directed review. The purpose of a directed review is to determine the advisability of credentialing a health professional group not previously regulated, of changing the scope of practice of a regulated health profession, or of other issues regarding the regulation of health professions. Before initiating a directed review, the director and the chairperson, or the chairperson in consultation with the Health and Human Services Committee, shall determine that no appropriate applicant group exists. No letter of intent, applicant group, application, or application fee shall be required in a directed review. The duty of the technical committee in a directed review shall be to investigate the issues that are the subject of the review, to hold a public hearing to receive information from the public on the issues, to develop a specific proposal to address the issues investigated taking into account the appropriate criteria as set forth in section 71-6221 , and to prepare a final report containing the technical committee's proposal, other options considered, and other relevant information.

Laws 1993, LB 536, § 106;

Laws 2015, LB90, § 2.
Neb. Rev. Stat. § 71-4732.01 — NE Code / Chapter 71 / Section 71-4732.01
View Statute 71-4732.01
Status: in_force

The Telehealth System Fund is created. The fund shall be used for any expenses related to the operation and maintenance of the telehealth system established in section 71-4728.04 . 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 2001, LB 334, § 2.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-8914 — NE Code / Chapter 71 / Section 71-8914
View Statute 71-8914
Status: in_force

A veterinary drug distributor shall establish, maintain, and adhere to written policies and procedures for the receipt, storage, security, inventory, and distribution of veterinary legend drugs, including policies and procedures for identifying, recording, and reporting destruction, losses, or thefts of veterinary legend drugs and for correcting all errors and inaccuracies in inventories. The policies shall contain a provision for annual review at which time the policies shall be updated as necessary. A record documenting the review shall be kept with the policies and procedures and shall indicate the date of the review and the signature of the designated representative of the veterinary drug distributor.

Laws 2008, LB1022, § 14.
Neb. Rev. Stat. § 71-4201 — NE Code / Chapter 71 / Section 71-4201
View Statute 71-4201
Status: in_force

Sections 71-4201 to 71-4210 shall be known and may be cited as the Stroke System of Care Act.

Laws 2016, LB722, § 1;

Laws 2021, LB476, § 1.
Neb. Rev. Stat. § 71-7112 — NE Code / Chapter 71 / Section 71-7112
View Statute 71-7112
Status: in_force

Any information acquired during a stress management session shall be confidential and shall not be disclosed except to the extent necessary to provide assistance pursuant to the stress management session. Information otherwise available from the original source shall not be immune from discovery or use in any civil or criminal action merely because the information was presented during a stress management session if the testimony sought is otherwise permissible and discoverable.

Laws 1993, LB 536, § 108;

Laws 1997, LB 184, § 12.
Neb. Rev. Stat. § 71-7436 — NE Code / Chapter 71 / Section 71-7436
71-7436
Status: in_force

(1) Emergency medical reasons means the alleviation of a temporary shortage by transfers of prescription drugs between any of the following: (a) Holders of pharmacy licenses, (b) health care practitioner facilities as defined in section 71-414 , (c) hospitals as defined in section 71-419 , and (d) emergency medical services as defined in section 38-1207 .

(2) Emergency medical reasons does not include regular and systematic sales (a) of prescription drugs to emergency medical services as defined in section 38-1207 or (b) to practitioners as defined in section 38-2838 of prescription drugs that will be used for routine office procedures.

Laws 1992, LB 1019, § 9;

Laws 1998, LB 1073, § 157;

Laws 2001, LB 398, § 82;

R.S.1943, (2003), § 71-7409;

Laws 2006, LB 994, § 10;

Laws 2007, LB463, § 1294;

Laws 2015, LB37, § 89;

Laws 2020, LB1002, § 47.
Neb. Rev. Stat. § 71-5004 — NE Code / Chapter 71 / Section 71-5004
View Statute 71-5004
Status: in_force

(1) The department shall create and organize geographically a list of perinatal hospice programs available in Nebraska and nationally. The department shall post such information on its website and shall include an information support sheet in English and Spanish on the website that can be printed and delivered by physicians and nurse practitioners to the pregnant woman as provided in section 71-5003 . The website and information support sheet shall be completed and available within ninety days after August 24, 2017. The website and information support sheet shall include:

(a) A statement indicating that perinatal hospice is an innovative and compassionate model of support for the pregnant woman who finds out that her baby has a life-limiting condition and who chooses to continue her pregnancy;

(b) A general description of the health care services available from perinatal hospice programs; and

(c) Pertinent contact information that includes any twenty-four-hour perinatal hospice services available.

(2) A perinatal hospice program may request that the department include the program's informational material and contact information on the website. The department may add the information to the website upon request.

Laws 2017, LB506, § 4.
Neb. Rev. Stat. § 71-8607 — NE Code / Chapter 71 / Section 71-8607
View Statute 71-8607
Status: in_force

(1) The commission shall:

(a) Apply for, receive, and administer money from any state or federal agency to be used for purposes relating to blindness, including federal funds relating to vocational rehabilitation of blind persons as provided in subsection (1) of section 71-8610 ;

(b) Receive on behalf of the state any gifts, donations, or bequests from any source to be used in carrying out the purposes of the Commission for the Blind and Visually Impaired Act;

(c) Promote self-support of blind persons as provided in sections 71-8608 , 71-8609 , and 71-8611 ;

(d) Provide itinerant training of alternative skills of blindness, including, but not limited to, braille, the long white cane for independent travel, adaptive technology, and lifestyle maintenance;

(e) Establish, equip, and maintain a residential training center with qualified instructors for comprehensive prevocational training of eligible blind persons. The center shall also provide comprehensive independent living training as well as orientation and adjustment counseling for blind persons;

(f) Administer and operate a vending facility program in the state, in its capacity as the designated licensing agency pursuant to the federal Randolph-Sheppard Act, as the act existed on January 1, 2019, 20 U.S.C. 107 et seq., for the benefit of blind persons;

(g) Contract for the purchase of information services for blind persons; and

(h) Perform other duties necessary to fulfill the purposes of the Commission for the Blind and Visually Impaired Act.

(2) The commission may perform educational services relating to blindness and may cooperate and consult with other public and private agencies relating to educational issues.

Laws 2000, LB 352, § 7;

Laws 2019, LB220, § 1.
Neb. Rev. Stat. § 71-6739 — NE Code / Chapter 71 / Section 71-6739
View Statute 71-6739
Status: in_force

On and after July 1, 1999, no person, facility, or school shall use or employ any individual to provide medications to a recipient unless the individual is a medication aide registered under the Medication Aide Act or is otherwise authorized to administer or provide medication, except that a child care facility may use or employ an individual licensed to operate a child care facility or a staff member of a child care facility or a school may use or employ a staff member of a school determined to be competent under the act. On and after July 1, 1999, no individual shall provide medication to a recipient unless the individual is a medication aide registered under the act or is otherwise authorized to administer or provide medication. Nothing in the act shall be construed to require any school to employ or use a school nurse or medication aide in order to be in compliance with the act.

Laws 1998, LB 1354, § 29.
Neb. Rev. Stat. § 71-6803 — NE Code / Chapter 71 / Section 71-6803
View Statute 71-6803
Status: in_force

Any medical facility or research facility that is in possession of any genetic sequencer or operational and research software that is described in section 71-6802 shall:

(1) Permanently disable such genetic sequencer or operational and research software; or

(2) Remove such genetic sequencer or operational and research software from any facility associated with such medical facility or research facility.

Laws 2025, LB644, § 34.
Neb. Rev. Stat. § 71-8922 — NE Code / Chapter 71 / Section 71-8922
View Statute 71-8922
Status: in_force

A veterinary drug distributor may distribute veterinary legend drugs to:

(1) A licensed veterinarian or to another veterinary drug distributor subject to the requirements of section 71-8921 ; and

(2) A layperson responsible for the control of an animal if:

(a) A licensed veterinarian has issued, prior to such distribution, a veterinary drug order for the veterinary legend drug in the course of an existing, valid veterinarian-client-patient relationship and the veterinary drug order is in compliance with all federal laws and regulations;

(b) At the time the veterinary legend drug leaves the licensed location of the veterinary drug distributor, those in the employ of the veterinary drug distributor possess a copy of the veterinary drug order for the veterinary legend drug issued according to subdivision (a) of this subdivision and deliver a copy to the layperson responsible for the control of the animal at the time of the distribution;

(c) The original veterinary drug order issued according to subdivision (a) of this subdivision is retained on the premises of the veterinary drug distributor or an authorized central location for three years after the date of the last transaction affecting the veterinary drug order;

(d) All veterinary legend drugs distributed on the veterinary drug order issued according to subdivision (a) of this subdivision are sold in the original, unbroken manufacturer's containers; and

(e) The veterinary legend drugs, once distributed, are not returned to the veterinary drug distributor for resale or redistribution.

Nothing contained in Nebraska statutes governing the practice of pharmacy shall be construed to prohibit a veterinary drug distributor from selling or otherwise distributing a veterinary legend drug pursuant to a veterinary drug order by a veterinarian licensed in this state and, when a valid veterinarian-client-patient relationship exists, to the layperson responsible for the control of the animal.

(3) If all federal labeling requirements are met, labeling provisions of Nebraska laws governing the practice of pharmacy shall not apply to veterinary legend drugs distributed pursuant to the Veterinary Drug Distribution Licensing Act.

Laws 2008, LB1022, § 22;

Laws 2009, LB463, § 14.
Neb. Rev. Stat. § 71-6212 — NE Code / Chapter 71 / Section 71-6212
View Statute 71-6212
Status: in_force

Inspection shall mean the periodic examination of practitioners by a state agency in order to ascertain whether the practitioner's occupation is being carried out in a manner consistent with the public health, safety, and welfare.

Laws 1985, LB 407, § 12.
Neb. Rev. Stat. § 71-9106 — NE Code / Chapter 71 / Section 71-9106
View Statute 71-9106
Status: in_force

Nothing in the Concussion Awareness Act shall be construed to create liability for or modify the liability or immunity of a school, school district, city, village, business, or nonprofit organization or the officers, employees, or volunteers of any such school, school district, city, village, business, or nonprofit organization.

Laws 2011, LB260, § 6.
Neb. Rev. Stat. § 71-4204 — NE Code / Chapter 71 / Section 71-4204
View Statute 71-4204
Status: in_force

The department shall designate hospitals as comprehensive stroke centers, thrombectomy-capable stroke centers, primary stroke centers, or acute stroke-ready hospitals based on certification from the American Heart Association, the Joint Commission on Accreditation of Healthcare Organizations, or another nationally recognized, guidelines-based organization that provides certification for stroke care, as such certification existed on July 19, 2018. The department shall compile and maintain a list of such hospitals and post the list on the department’s website. Before June 1 of each year, the department shall send the list to the physician medical director of each emergency medical service licensed pursuant to the Emergency Medical Services Practice Act.

Laws 2016, LB722, § 4;

Laws 2018, LB1034, § 66.

Emergency Medical Services Practice Act, see section 38-1201 .
Neb. Rev. Stat. § 71-5803.04 — NE Code / Chapter 71 / Section 71-5803.04
View Statute 71-5803.04
Status: in_force

Department means the Department of Health and Human Services.

Laws 1979, LB 172, § 8;

Laws 1996, LB 1044, § 736;

R.S.1943, (1996), § 71-5808;

Laws 1997, LB 798, § 8;

Laws 2007, LB296, § 634.
Neb. Rev. Stat. § 71-4739 — NE Code / Chapter 71 / Section 71-4739
View Statute 71-4739
Status: in_force

(1) Every birthing facility shall annually report to the Department of Health and Human Services the number of:

(a) Newborns born;

(b) Newborns and infants recommended for a hearing screening test;

(c) Newborns who received a hearing screening test during birth admission;

(d) Newborns who passed a hearing screening test during birth admission if administered;

(e) Newborns who did not pass a hearing screening test during birth admission if administered; and

(f) Newborns recommended for monitoring, intervention, and followup care.

(2) Every confirmatory testing facility shall annually report to the Department of Health and Human Services the number of:

(a) Newborns and infants who return for a followup hearing test;

(b) Newborns and infants who do not have a hearing loss based upon the followup hearing test; and

(c) Newborns and infants who are shown to have a hearing loss based upon the followup hearing test.

Laws 2000, LB 950, § 6;

Laws 2005, LB 301, § 46;

Laws 2007, LB296, § 593.
Neb. Rev. Stat. § 71-5204 — NE Code / Chapter 71 / Section 71-5204
View Statute 71-5204
Status: in_force

Funding provided by section 71-5203 shall be sufficient to provide for the following minimal residency enrollments:

(1) During fiscal year 1975-76, funding shall be provided for two hundred eighty-three residencies, including forty-three in the family practice residency program;

(2) During fiscal year 1976-77, funding shall be provided for three hundred seven residencies, including fifty-five in the family practice residency program;

(3) During fiscal year 1977-78, funding shall be provided for three hundred seventeen residencies, including fifty-seven in the family practice residency program;

(4) During fiscal year 1978-79, and each year thereafter, funding shall be provided for three hundred twenty residencies, including sixty in the family practice residency program;

(5) During fiscal year 1975-76 and each year thereafter, funding shall be provided for thirty additional family practice residencies in the State of Nebraska through associated residency programs; and

(6) Any residencies which may be funded, in addition to those provided in this section, shall be family practice residencies. Beginning July 1, 1976, any expansion of residencies, other than family practice residencies, shall be initiated only when the demand for such specialties is shown by patient numbers and need in the State of Nebraska.

Laws 1975, LB 571, § 4.
Neb. Rev. Stat. § 71-6222 — NE Code / Chapter 71 / Section 71-6222
View Statute 71-6222
Status: in_force

After evaluating the criteria in sections 71-6221 to 71-6223 and considering governmental and societal costs and benefits, if the Legislature finds that it is necessary to regulate a health profession not previously regulated by law, the least restrictive alternative method of regulation shall be implemented, consistent with the public interest and this section, as follows:

(1) When the threat to the public health, safety, welfare, or economic well-being is relatively small, regulation shall be by means other than direct credentialing of the health profession. Such regulation may include, but shall not be limited to:

(a) Inspection requirements;

(b) Enabling an appropriate state agency to bring an end to a harmful practice by injunctive relief in court;

(c) Regulating the business activity or entity providing the service rather than the employees of the business or entity; or

(d) Regulating or modifying the regulation of the health profession supervising or responsible for the service being performed;

(2) When there exists a diversity of approaches, methods, and theories by which services may be rendered and when the right of the consumer to choose freely among such options is considered to be of equal importance with the need to protect the public from harm, the regulation shall implement a system of registration;

(3) When the consumer may have a substantial basis for relying on the services of a practitioner, the regulation shall implement a system of certification; or

(4) When it is apparent that adequate regulation cannot be achieved by means other than licensing, the regulation shall implement a system of licensing.

Laws 1985, LB 407, § 22;

Laws 1988, LB 384, § 8.
Neb. Rev. Stat. § 71-5733 — NE Code / Chapter 71 / Section 71-5733
View Statute 71-5733
Status: in_force

(1) A person who smokes in a place of employment or a public place in violation of the Nebraska Clean Indoor Air Act is guilty of a Class V misdemeanor for the first offense and a Class IV misdemeanor for the second and any subsequent offenses. A person charged with such offense may voluntarily participate, at his or her own expense, in a smoking cessation program approved by the Department of Health and Human Services, and such charge shall be dismissed upon successful completion of the program.

(2) A proprietor who fails, neglects, or refuses to perform a duty under the Nebraska Clean Indoor Air Act is guilty of a Class V misdemeanor for the first offense and a Class IV misdemeanor for the second and any subsequent offenses.

(3) Each day that a violation continues to exist shall constitute a separate and distinct violation.

(4) Every act or omission constituting a violation of the Nebraska Clean Indoor Air Act by an employee or agent of a proprietor is deemed to be the act or omission of such proprietor, and such proprietor shall be subject to the same penalty as if the act or omission had been committed by such proprietor.

Laws 2008, LB395, § 18.
Neb. Rev. Stat. § 71-5720 — NE Code / Chapter 71 / Section 71-5720
View Statute 71-5720
Status: in_force

Employee means a person who is employed by an employer in consideration for direct or indirect monetary wages, profit, or other remuneration.

Laws 2008, LB395, § 5.
Neb. Rev. Stat. § 71-5801 — NE Code / Chapter 71 / Section 71-5801
View Statute 71-5801
Status: in_force

Sections 71-5801 to 71-5870 shall be known and may be cited as the Nebraska Health Care Certificate of Need Act.

Laws 1979, LB 172, § 1;

Laws 1982, LB 378, § 1;

Laws 1989, LB 429, § 2;

Laws 1991, LB 244, § 9;

Laws 1993, LB 9, § 1;

Laws 1996, LB 1155, § 58;

Laws 1997, LB 798, § 3.

Consideration of a certificate of need application under the Nebraska Health Care Certificate of Need Act is governed by three authorities: (1) The act, (2) department regulations promulgated under the act, and (3) the state health plan. Gramercy Hill Enters. v. State of Nebraska, Department of Health, 255 Neb. 717, 587 N.W.2d 378 (1998).

Consideration of a certificate of need application under the Nebraska Health Care Certificate of Need Act is governed by three authorities: (1) The act, (2) department regulations promulgated under the act, and (3) the state health plan. Gramercy Hill Enters. v. State of Nebraska, Department of Health, 255 Neb. 717, 587 N.W.2d 378 (1998).

Under the Nebraska Health Care Certificate of Need Act, need for nursing beds is not synonymous with demand. Need focuses on long-range plans for services to an entire population, while demand connotes an immediate preference on the part of an individual to live in a particular nursing facility. Beatrice Manor v. Department of Health, 219 Neb. 141, 362 N.W.2d 45 (1985).

Under the Nebraska Health Care Certificate of Need Act, need for nursing beds is not synonymous with demand. Need focuses on long-range plans for services to an entire population, while demand connotes an immediate preference on the part of an individual to live in a particular nursing facility. Beatrice Manor v. Department of Health, 219 Neb. 141, 362 N.W.2d 45 (1985).
Neb. Rev. Stat. § 71-8702 — NE Code / Chapter 71 / Section 71-8702
View Statute 71-8702
Status: in_force

(1) The Legislature finds that:

(a) In 1999, the Institute of Medicine released a report entitled "To Err is Human" that described medical errors as the eighth leading cause of death in the United States;

(b) To address these errors, the health care system must be able to create a learning environment in which health care providers and facilities will feel safe reporting adverse health events and near misses in order to improve patient safety;

(c) To facilitate the learning environment, health care providers and facilities must have legal protections that will allow them to review protected health information so that they may collaborate in the development and implementation of patient safety improvement strategies;

(d) To carry out a program to promote patient safety, a policy should be established which provides for and promotes patient safety organizations; and

(e) There are advantages to having private nonprofit corporations act as patient safety organizations rather than a state agency, including the enhanced ability to obtain grants and donations to carry out patient safety improvement programs.

(2) It is the intent of the Legislature to encourage the establishment of broad-based patient safety organizations.

Laws 2005, LB 361, § 2.
Neb. Rev. Stat. § 71-8706 — NE Code / Chapter 71 / Section 71-8706
View Statute 71-8706
Status: in_force

Nonidentifiable information means information presented in a form and manner that prevents the identification of any provider, patient, or reporter of patient safety work product. With respect to patients, such information must be de-identified consistent with the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as such regulations existed on April 28, 2005.

Laws 2005, LB 361, § 6.
Neb. Rev. Stat. § 71-7012 — NE Code / Chapter 71 / Section 71-7012
View Statute 71-7012
Status: in_force

The Breast and Cervical Cancer Advisory Committee is established. The committee terminates on July 1, 2026. The committee consists of the members of the Mammography Screening Committee serving immediately prior to September 9, 1995, and eight additional members appointed by the chief executive officer of the department or his or her designee who have expertise or a personal interest in cervical cancer. The committee shall consist of not more than twenty-four volunteer members, at least eight of whom are women, appointed by the chief executive officer or his or her designee. Members of the committee shall be persons interested in health care, the promotion of breast cancer screening, and cervical cancer and shall be drawn from both the private sector and the public sector. At least one member shall be a person who has or who has had breast cancer.

Of the initial members of the committee, four shall be appointed for terms of one year and four shall be appointed for terms of two years. Thereafter all appointments shall be for terms of two years. All members shall serve until their successors are appointed. No member shall serve more than two successive two-year terms. Vacancies in the membership of the committee for any cause shall be filled by appointment by the chief executive officer or his or her designee for the unexpired term.

Duties of the committee shall include, but not be limited to, encouraging payment of public and private funds to the Breast and Cervical Cancer Cash Fund, researching and recommending to the department reimbursement limits, planning and implementing outreach and educational programs to Nebraska women, advising the department on its operation of the early detection of breast and cervical cancer grant from the United States Department of Health and Human Services, and encouraging payment of public and private funds to the fund. Members of the committee shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177 .

This section terminates on July 1, 2026.

Laws 1991, LB 256, § 12;

Laws 1995, LB 68, § 10;

Laws 1995, LB 406, § 84;

Laws 1996, LB 1044, § 772;

Laws 2007, LB296, § 668;

Laws 2008, LB797, § 25;

Laws 2020, LB381, § 72;

Laws 2025, LB346, § 41.
Neb. Rev. Stat. § 71-9403 — NE Code / Chapter 71 / Section 71-9403
View Statute 71-9403
Status: in_force

(1) A hospital shall give each patient or patient’s legal guardian the opportunity to designate at least one caregiver as soon as practicable and prior to the patient’s release.

(2) If a patient is unconscious or incapacitated upon his or her admission to the hospital, the hospital shall give the patient or the patient's legal guardian the opportunity to designate a caregiver as soon as possible after the patient’s recovery of consciousness or capacity.

(3) A patient or his or her legal guardian is not required to designate a caregiver at any time. If a patient or a patient's legal guardian declines to designate a caregiver, the hospital shall document this fact in the patient’s medical record.

Laws 2016, LB698, § 9.
Neb. Rev. Stat. § 71-4615 — NE Code / Chapter 71 / Section 71-4615
View Statute 71-4615
Status: in_force

All information reported to or otherwise obtained by the commission or its duly authorized representatives pursuant to the Uniform Standard Code for Manufactured Homes and Recreational Vehicles which contains or relates to a trade secret, or which, if disclosed, would put the person furnishing such information at a substantial competitive disadvantage, shall be considered confidential, except that such information may be disclosed to other officers or employees concerned with carrying out the code or, when relevant, in any proceeding under the code.

Laws 1975, LB 300, § 14;

Laws 1985, LB 313, § 18;

Laws 1998, LB 1073, § 139.
Neb. Rev. Stat. § 71-5803.11 — NE Code / Chapter 71 / Section 71-5803.11
View Statute 71-5803.11
Status: in_force

Nursing facility has the same meaning as in section 71-424 .

Laws 1991, LB 244, § 11;

R.S.1943, (1996), § 71-5809.02;

Laws 1997, LB 798, § 15;

Laws 2000, LB 819, § 118.
Neb. Rev. Stat. § 71-5682 — NE Code / Chapter 71 / Section 71-5682
View Statute 71-5682
Status: in_force

The Rural Behavioral Health Training and Placement Program is created and shall be administered by the Munroe-Meyer Institute at the University of Nebraska Medical Center. The program shall address behavioral health professional shortages in rural areas by:

(1) Offering service learning opportunities for behavioral health professionals to provide integrated mental health services in rural areas;

(2) Educating physicians to integrate behavioral health into primary care practice;

(3) Providing outreach clinical training opportunities in rural areas for interns, fellows, and graduate students from public and private universities and colleges in Nebraska that offer behavioral health graduate education; and

(4) Placing program graduates in primary care practices for the purpose of providing behavioral health patient visits.

Laws 2006, LB 994, § 40.
Neb. Rev. Stat. § 71-8510 — NE Code / Chapter 71 / Section 71-8510
View Statute 71-8510
Status: in_force

It is the intent of the Legislature that behavioral health screenings be offered by physicians at the time of childhood physicals. The physician shall explain that such screening is optional. The results of behavioral health screenings and any related documents shall not be included in the child's school record and shall not be provided to the child's school or to any other person or entity without the express consent of the child's parent or legal guardian.

Laws 2013, LB556, § 2.
Neb. Rev. Stat. § 71-6313 — NE Code / Chapter 71 / Section 71-6313
View Statute 71-6313
Status: in_force

The Attorney General may institute an action in the name of the state for an injunction or other process against any business entity or individual to restrain or prevent any violation of the Asbestos Control Act or of any rules and regulations adopted and promulgated pursuant to such act.

Laws 1986, LB 1051, § 13;

Laws 1988, LB 1073, § 11;

Laws 2007, LB463, § 1256.
Neb. Rev. Stat. § 71-8244 — NE Code / Chapter 71 / Section 71-8244
View Statute 71-8244
Status: in_force

(1) Any hospital, facility, rehabilitation center, or specialty level burn or pediatric trauma center that desires to be a designated center shall request designation from the department whereby each agrees to maintain a level of commitment and resources sufficient to meet responsibilities and standards required by the statewide trauma system. The department shall determine by rule and regulation the manner and form of such requests.

(2) Upon receiving a request, the department shall review the request to determine whether there is compliance with standards for the trauma care level for which designation is desired or whether the appropriate verification or accreditation documentation has been submitted. Any hospital, facility, rehabilitation center, or specialty level burn or pediatric trauma center which submits verification or accreditation documentation from a recognized independent verification or accreditation body or public agency with standards that are at least as stringent as those of the State of Nebraska for the trauma care level for which designation is desired, as determined by the State Trauma Advisory Board, shall be designated by the department and shall be included in the trauma system or plan established under the Statewide Trauma System Act. Any medical facility that is currently verified or accredited shall be designated by the department at the corresponding level of designation for the same time period in Nebraska without the necessity of an onsite review by the department.

(3) Any medical facility applying for designation may appeal its designation. The appeal shall be in accordance with the Administrative Procedure Act.

(4) Except as otherwise provided in subsection (2) of this section, designation is valid for a period of four years and is renewable upon receipt of a request from the medical facility for renewal prior to expiration.

(5) The department may revoke or suspend a designation if it determines that the medical facility is substantially out of compliance with the standards and has refused or been unable to comply after a reasonable period of time has elapsed. The department shall promptly notify the regional trauma medical director of designation suspensions and revocations. Any rehabilitation or trauma center may request an administrative hearing to review a revocation or suspension action of the department.

Laws 1997, LB 626, § 44;

Laws 2009, LB195, § 104;

Laws 2015, LB46, § 10;

Laws 2023, LB227, § 114.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 71-8929 — NE Code / Chapter 71 / Section 71-8929
View Statute 71-8929
Status: in_force

Any person who knowingly and intentionally engages in distribution of veterinary legend drugs in this state in violation of the Veterinary Drug Distribution Licensing Act is guilty of a Class III felony.

Laws 2008, LB1022, § 29.
Neb. Rev. Stat. § 71-6602 — NE Code / Chapter 71 / Section 71-6602
View Statute 71-6602
Status: in_force

As used in sections 71-6601 to 71-6615 , unless the context otherwise requires:

(1) Activities of daily living means assistance with ambulation, bathing, toileting, feeding, and similar activities;

(2) Basic therapeutic care means basic health care procedures, including, but not limited to, measuring vital signs, applying hot and cold applications and nonsterile dressings, and assisting with, but not administering, internal and external medications which are normally self-administered. Basic therapeutic care does not include health care procedures which require the exercise of nursing or medical judgment;

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

(4) Home health agency means a home health agency as defined in section 71-417 ;

(5) Home health aide means a person who is employed by a home health agency to provide personal care, assistance with the activities of daily living, and basic therapeutic care to patients of the home health agency;

(6) Personal care means hair care, nail care, shaving, dressing, oral care, and similar activities;

(7) Supervised practical training means training in a laboratory or other setting in which the trainee demonstrates knowledge while performing tasks on an individual under the direct supervision of a registered nurse or licensed practical nurse; and

(8) Vital signs means temperature, pulse, respiration, and blood pressure.

Laws 1988, LB 1100, § 117;

Laws 1991, LB 703, § 54;

Laws 1996, LB 1044, § 765;

Laws 1998, LB 1354, § 41;

Laws 2000, LB 819, § 136;

Laws 2007, LB296, § 662;

Laws 2022, LB824, § 2.
Neb. Rev. Stat. § 71-6023.01 — NE Code / Chapter 71 / Section 71-6023.01
View Statute 71-6023.01
Status: in_force

A nursing home seeking or renewing a license shall be required to retain a resident whose economic status changes so that such resident receives medicaid or becomes eligible for medicaid if such resident has resided in the nursing home for a period of at least one year after July 17, 1986, unless ten percent of such nursing home's residents are receiving medicaid or are eligible for medicaid. Such requirement shall constitute a condition of licensure. The department shall notify the nursing home of such requirement ninety days prior to the renewal of a license or upon application for a license. For purposes of this section, nursing homes shall include long-term care hospitals, including long-term care units of a hospital. This section shall not apply to the Nebraska veterans homes established pursuant to Chapter 80, article 3.

Laws 1986, LB 782, § 2;

Laws 1990, LB 1064, § 30.
Neb. Rev. Stat. § 71-5684 — NE Code / Chapter 71 / Section 71-5684
View Statute 71-5684
Status: in_force

(1) For purposes of this section, program means the Rural Health Opportunity Program that encourages students from rural communities to pursue health care professions and return to practice in those rural communities.

(2)(a) The Board of Trustees of the Nebraska State Colleges and the Board of Regents of the University of Nebraska shall enter into a memorandum of understanding to administer the program, including a joint application and interview process to select students to participate in the program and be provisionally admitted into one of the eligible health care programs at the University of Nebraska Medical Center.

(b) To be eligible, students shall:

(i) Attend, or be a graduate of, an approved or accredited high school in Nebraska or receive an equivalent of a diploma of high school equivalency in Nebraska; and

(ii) Have lived in, or been a resident of, a rural area of Nebraska as determined by the Board of Trustees of the Nebraska State Colleges and the Board of Regents of the University of Nebraska.

(3) A student who participates in the program is entitled to a waiver of one hundred percent of the cost of tuition and fees per academic year for up to four years at a state college for the purpose of completing the established health care program coursework at such state college that is required for early admission and transfer to an eligible health care program at the University of Nebraska Medical Center.

(4) It is the intent of the Legislature to consider continued funding for the program in an appropriate amount equal to or more than one-half of the cost of the tuition waivers or fees granted pursuant to this section as part of the biennial budget process.

Laws 2025, LB332, § 37.
Neb. Rev. Stat. § 71-4822 — NE Code / Chapter 71 / Section 71-4822
View Statute 71-4822
Status: in_force

(1) The federally designated organ procurement organization for Nebraska shall use the information received from the Department of Motor Vehicles under section 60-494 and the Game and Parks Commission under section 37-406.01 to establish and maintain the Donor Registry of Nebraska. A procurement organization located outside of Nebraska may obtain information from the Donor Registry of Nebraska when a Nebraska resident is listed as a donor on the registry and is not located in Nebraska immediately preceding or at the time of his or her death. The federally designated organ procurement organization for Nebraska may receive donor information from sources other than the Department of Motor Vehicles and shall pay all costs associated with creating and maintaining the Donor Registry of Nebraska.

(2) It is the intent of the Legislature that the Donor Registry of Nebraska facilitate organ and tissue donations and not inhibit such donations. A person does not need to be listed on the Donor Registry of Nebraska to be an organ and tissue donor.

(3) No person shall obtain information from the Donor Registry of Nebraska for the purpose of fundraising or other commercial use. Information obtained from the Donor Registry of Nebraska may only be used to facilitate the donation process at the time of the donor's death. General statistical information may be provided upon request to the federally designated organ procurement organization for Nebraska.

Laws 2004, LB 559, § 7;

Laws 2010, LB1036, § 39;

Laws 2022, LB1082, § 3.
Neb. Rev. Stat. § 71-7434 — NE Code / Chapter 71 / Section 71-7434
71-7434
Status: in_force

Department means the Department of Health and Human Services.

Laws 1992, LB 1019, § 7;

Laws 1996, LB 1044, § 778;

R.S.1943, (2003), § 71-7407;

Laws 2006, LB 994, § 8;

Laws 2007, LB296, § 672.
Neb. Rev. Stat. § 38-1502 — NE Code / Chapter 71 / Section 38-1502
38-1502
Status: in_force

For purposes of the Hearing Instrument Specialists Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1503 to 38-1507 apply.

Laws 1969, c. 767, § 1, p. 2903;

Laws 1986, LB 701, § 1;

Laws 1987, LB 473, § 50;

Laws 1988, LB 1100, § 148;

Laws 1996, LB 1044, § 681;

R.S.1943, (2003), § 71-4701;

Laws 2007, LB296, § 589;

Laws 2007, LB463, § 566;

Laws 2009, LB195, § 20;

Laws 2025, LB332, § 12.
Neb. Rev. Stat. § 71-8708 — NE Code / Chapter 71 / Section 71-8708
View Statute 71-8708
Status: in_force

(1) Patient safety work product means any data, reports, records, memoranda, analyses, deliberative work, statements, root cause analyses, or quality improvement processes that are:

(a) Created or developed by a provider solely for the purposes of reporting to a patient safety organization;

(b) Reported to a patient safety organization for patient safety or quality improvement processes;

(c) Requested by a patient safety organization, including the contents of such request;

(d) Reported to a provider by a patient safety organization;

(e) Created by a provider to evaluate corrective actions following a report by or to a patient safety organization;

(f) Created or developed by a patient safety organization; or

(g) Reported among patient safety organizations after obtaining authorization.

(2) Patient safety work product does not include information, documents, or records otherwise available from original sources merely because they were collected for or submitted to a patient safety organization. Patient safety work product also does not include documents, investigations, records, or reports otherwise required by law.

(3) Patient safety work product does not include reports and information disclosed pursuant to sections 71-8719 and 71-8720 .

Laws 2005, LB 361, § 8.
Neb. Rev. Stat. § 71-7110 — NE Code / Chapter 71 / Section 71-7110
View Statute 71-7110
Status: in_force

Each critical incident stress management region shall have a regional management committee composed of representatives of the Department of Health and Human Services, the State Fire Marshal, and the Nebraska State Patrol and a regional clinical director. The regional clinical director shall have a graduate degree in a mental health discipline. The regional management committee shall be responsible for the implementation and coordination of the program in the region according to the specifications developed by the Critical Incident Stress Management Council and Interagency Management Committee prior to July 1, 2026, and developed by the department on and after July 1, 2026. The regional management committee shall develop critical incident stress management teams to facilitate the stress management process.

Laws 1991, LB 703, § 10;

Laws 1996, LB 1044, § 776;

Laws 1997, LB 184, § 10;

Laws 2007, LB296, § 671;

Laws 2025, LB346, § 46.
Neb. Rev. Stat. § 71-6902.02 — NE Code / Chapter 71 / Section 71-6902.02
View Statute 71-6902.02
Status: in_force

No parent, guardian, or any other person shall coerce a pregnant woman to obtain an abortion. If a pregnant woman is denied financial support by her parents, guardians, or custodians due to her refusal to obtain an abortion, the pregnant woman shall be deemed emancipated for purposes of eligibility for public assistance benefits, except that such benefits may not be used to obtain an abortion.

Laws 2011, LB690, § 6.
Neb. Rev. Stat. § 71-8006 — NE Code / Chapter 71 / Section 71-8006
View Statute 71-8006
Status: in_force

An individual or business enterprise who violates section 71-8004 or 71-8005 commits an unfair trade practice. Any person or entity injured by such a violation shall have a right of action against the violator for damages for each occurrence when any person or entity suffered or suffers loss.

An individual or business enterprise that violates the Certified Industrial Hygienist Title Protection Act shall be subject to a civil penalty of not more than two thousand dollars. The Attorney General or the county attorney of the county in which such violation occurs shall, when he or she has knowledge of such violation, institute an action in such county to collect the penalty imposed by this section. Money collected pursuant to such action shall be remitted to the State Treasurer for credit to the permanent school fund.

Laws 1997, LB 558, § 6.
Neb. Rev. Stat. § 71-4620 — NE Code / Chapter 71 / Section 71-4620
View Statute 71-4620
Status: in_force

(1) A manufacturer required to furnish notification of a failure to conform under section 71-4616 or 71-4618 shall also bring the manufactured home or recreational vehicle into compliance with applicable commission standards and correct the failure to conform or have the failure to conform corrected within a reasonable period of time at no expense to the owner if the failure to conform presents an unreasonable risk of injury or death to occupants and the failure to conform can be related to an error by the manufacturer in design or assembly.

(2) The commission may direct the manufacturer to make such corrections after providing an opportunity for oral and written presentation of views by interested persons. Nothing in this section shall limit the rights of the purchaser or any other person under any contract or applicable law.

(3) The manufacturer shall submit a remedy plan for repairing such failure to conform to the commission for its approval, or the manufacturer shall notify the commission of the corrective action the manufacturer has taken and request state approval. Whenever a manufacturer is required to correct a failure to conform, the commission shall approve with or without modification, after consultation with the manufacturer, the manufacturer's remedy plan, including the date when and the method by which the notification and remedy required pursuant to this section shall be effectuated. Such date shall be the earliest practicable one but shall not be more than sixty days after the date of discovery or determination of the failure to conform, unless the commission grants an extension of such period for good cause shown. The manufacturer shall implement any remedy plan approved by the commission.

(4) When a failure to conform cannot be adequately repaired within sixty days from the date of discovery or determination of the failure to conform, the commission may require that the manufactured home or recreational vehicle be replaced with a new or equivalent manufactured home or recreational vehicle without charge or that the purchase price be refunded in full, less a reasonable allowance for depreciation based on actual use if the manufactured home or recreational vehicle has been in the possession of the owner for more than one year.

Laws 1975, LB 300, § 19;

Laws 1985, LB 313, § 23;

Laws 1993, LB 536, § 100;

Laws 1998, LB 1073, § 144.
Neb. Rev. Stat. § 71-8919 — NE Code / Chapter 71 / Section 71-8919
View Statute 71-8919
Status: in_force

A veterinary drug distributor license shall expire on July 1 of each odd-numbered year and may be renewed. The license shall not be transferable. The department shall mail an application for renewal to each licensee not later than May 15 of the year the license expires. If an application for renewal is received from the licensee after July 1, the department may impose a late fee and shall refuse to issue the license until such late fee and renewal fee are paid. Failure to receive an application for renewal shall not relieve the licensee from the late fee imposed by this section.

Laws 2008, LB1022, § 19.
Neb. Rev. Stat. § 71-8806 — NE Code / Chapter 71 / Section 71-8806
View Statute 71-8806
Status: in_force

No state facilities, no state funds, fees, or charges, and no investment income on state funds shall be used to destroy human embryos for the purpose of research. In no case shall state facilities, state funds, fees, or charges, or investment income on state funds be used to create a human embryo by somatic cell nuclear transfer for any purpose.

Laws 2008, LB606, § 6.
Neb. Rev. Stat. § 71-6743 — NE Code / Chapter 71 / Section 71-6743
View Statute 71-6743
Status: in_force

The Department of Health and Human Services may adopt and promulgate rules and regulations which shall ensure proper storage, handling, and disposal of medication in facilities and schools as defined in section 71-6721 .

Laws 1998, LB 1354, § 37;

Laws 2007, LB296, § 667.
Neb. Rev. Stat. § 71-5714 — NE Code / Chapter 71 / Section 71-5714
View Statute 71-5714
Status: in_force

The Tobacco Prevention and Control Program is created as a comprehensive statewide tobacco-related public health program administered by the Department of Health and Human Services. The program includes, but is not limited to (1) community programs to reduce tobacco use, (2) chronic disease programs, (3) school programs, (4) statewide programs, (5) enforcement, (6) counter marketing, (7) cessation programs, (8) surveillance and evaluation, and (9) administration.

The State Treasurer shall transfer, on July 1, 2016, the unobligated balance in the Tobacco Prevention and Control Cash Fund to the Nebraska Health Care Cash Fund.

Laws 2000, LB 1436, § 3;

Laws 2002, LB 1310, § 8;

Laws 2003, LB 412, § 3;

Laws 2005, LB 301, § 56;

Laws 2007, LB296, § 633;

Laws 2009, First Spec. Sess., LB2, § 2;

Laws 2009, First Spec. Sess., LB3, § 47;

Laws 2016, LB957, § 5.
Neb. Rev. Stat. § 71-6319.23 — NE Code / Chapter 71 / Section 71-6319.23
View Statute 71-6319.23
Status: in_force

Guest instructor means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.

Laws 1999, LB 863, § 25.
Neb. Rev. Stat. § 71-9104 — NE Code / Chapter 71 / Section 71-9104
View Statute 71-9104
Status: in_force

(1) Each approved or accredited public, private, denominational, or parochial school shall:

(a) Make available training approved by the chief medical officer on how to recognize the symptoms of a concussion or brain injury and how to seek proper medical treatment for a concussion or brain injury to all coaches of school athletic teams;

(b) Require that concussion and brain injury information be provided on an annual basis to students and the students' parents or guardians prior to such students initiating practice or competition. The information provided to students and the students' parents or guardians shall include, but need not be limited to:

(i) The signs and symptoms of a concussion;

(ii) The risks posed by sustaining a concussion; and

(iii) The actions a student should take in response to sustaining a concussion, including the notification of his or her coaches; and

(c) Establish a return to learn protocol for students that have sustained a concussion. The return to learn protocol shall recognize that students who have sustained a concussion and returned to school may need informal or formal accommodations, modifications of curriculum, and monitoring by medical or academic staff until the student is fully recovered.

(2)(a) A student who participates on a school athletic team shall be removed from a practice or game when he or she is reasonably suspected of having sustained a concussion or brain injury in such practice or game after observation by a coach or a licensed health care professional who is professionally affiliated with or contracted by the school. Such student shall not be permitted to participate in any school supervised team athletic activities involving physical exertion, including, but not limited to, practices or games, until the student (i) has been evaluated by a licensed health care professional, (ii) has received written and signed clearance to resume participation in athletic activities from the licensed health care professional, and (iii) has submitted the written and signed clearance to resume participation in athletic activities to the school accompanied by written permission to resume participation from the student's parent or guardian.

(b) If a student is reasonably suspected after observation of having sustained a concussion or brain injury and is removed from an athletic activity under subdivision (2)(a) of this section, the parent or guardian of the student shall be notified by the school of the date and approximate time of the injury suffered by the student, the signs and symptoms of a concussion or brain injury that were observed, and any actions taken to treat the student.

(c) Nothing in this subsection shall be construed to require any school to provide for the presence of a licensed health care professional at any practice or game.

(d) The signature of an individual who represents that he or she is a licensed health care professional on a written clearance to resume participation that is provided to a school shall be deemed to be conclusive and reliable evidence that the individual who signed the clearance is a licensed health care professional. The school shall not be required to determine or verify the individual's qualifications.

Laws 2011, LB260, § 4;

Laws 2014, LB923, § 5.
Neb. Rev. Stat. § 71-8906 — NE Code / Chapter 71 / Section 71-8906
View Statute 71-8906
Status: in_force

(1) Distribution means the act of receiving orders, possessing, warehousing, and record keeping related to the sale and delivery of veterinary legend drugs.

(2) Distribution does not include (a) intracompany sales of veterinary legend 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 or (b) the delivery of or the offer to deliver veterinary legend drugs 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.

Laws 2008, LB1022, § 6.
Neb. Rev. Stat. § 71-6742 — NE Code / Chapter 71 / Section 71-6742
View Statute 71-6742
Status: in_force

Medication aides are eligible to participate in the Licensee Assistance Program as prescribed by section 38-175 .

Laws 1998, LB 1354, § 32;

Laws 2007, LB463, § 1291.
Neb. Rev. Stat. § 71-8312 — NE Code / Chapter 71 / Section 71-8312
View Statute 71-8312
Status: in_force

The Department of Health and Human Services shall periodically examine and reexamine the regulations, processes, and results of the facility regulation system. Changes in the facility regulation system should occur whenever the department finds that:

(1) A program or procedure is not needed to ensure the protection of the public health, safety, or welfare or a program or procedure is not providing adequate protection of the public health, safety, or welfare;

(2) A program or procedure has been more detrimental than beneficial to the fulfillment of the department's regulatory responsibilities as defined by law or has diminished the supply of qualified providers or the public's access to needed services; or

(3) There are alternatives to a program or procedure that would more cost effectively fulfill the department's duties and responsibilities.

Laws 1998, LB 1073, § 118;

Laws 2007, LB296, § 693.
Neb. Rev. Stat. § 71-8301 — NE Code / Chapter 71 / Section 71-8301
View Statute 71-8301
Status: in_force

It is the intent of the Legislature that quality health care services and human services be provided to all citizens of the state, that basic standards be developed to promote safe and adequate care of individuals in health care services facilities and human services facilities, that categories of facilities be regulated by the state solely for the purpose of protecting the public from unreasonable harm or danger, and that categories of facilities be regulated by the state only when it is demonstrated that regulation is in the best interest of the public.

The purposes of sections 71-8301 to 71-8314 are to establish criteria that provide for the determination of what categories of facilities should be regulated, to develop a quality improvement mechanism which would periodically examine and reexamine the laws, regulations, processes, and results of the facility regulation system, to establish a facility regulation system based on meaningful results, including quality indicators, and to assure that the development, application, and implementation of the facility regulation system is consistent and uniform.

Laws 1998, LB 1073, § 107.
Neb. Rev. Stat. § 71-5869 — NE Code / Chapter 71 / Section 71-5869
View Statute 71-5869
Status: in_force

(1) A license or permit which has been issued by the department under the Health Care Facility Licensure Act or any other state statute to a health care facility which engaged in an activity identified as requiring a certificate of need under the Nebraska Health Care Certificate of Need Act without having first obtained a certificate of need or which engaged in an activity prohibited under the act is subject to revocation or suspension. Nothing contained in this section shall limit the rights of appeal of a health care facility from such decision as provided in the Health Care Facility Licensure Act.

(2) No license or permit may be issued or renewed by the department under the Health Care Facility Licensure Act or any other state statute, nor may any type of approval be granted to any health care facility which engaged in an activity identified as requiring a certificate of need under the Nebraska Health Care Certificate of Need Act without having first obtained a certificate of need or which engaged in an activity prohibited under the act.

Laws 1979, LB 172, § 69;

Laws 1997, LB 798, § 35;

Laws 2000, LB 819, § 121.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 71-6022 — NE Code / Chapter 71 / Section 71-6022
View Statute 71-6022
Status: in_force

(1) A nursing home shall not transfer or discharge a resident except (a) upon his or her consent, (b) for medical reasons, (c) for the resident's safety or the safety of other residents or nursing home employees, (d) when rehabilitation is such that movement to a less restrictive setting is possible, or (e) for nonpayment for the resident's stay, except as prohibited by section 71-6023.01 or by Title XVIII or XIX of the Social Security Act as amended.

(2) Involuntary transfer from a nursing home or discharge of a resident shall be preceded by a minimum written notice of thirty days, except when subdivision (d) of subsection (1) of this section applies, five days written notice shall be given to the resident or his or her representative and when subdivision (e) of subsection (1) of this section applies, a resident shall be given ten days' written notice if his or her charges are five days or more in arrears. This subsection shall not apply when (a) an emergency transfer or discharge is mandated by the resident's health care needs and is in accord with the written orders and medical justification of the attending physician or (b) the transfer is mandated by the physical safety of other residents or nursing home employees, as documented in the nursing home records.

Laws 1983, LB 235, § 15;

Laws 1986, LB 782, § 5.
Neb. Rev. Stat. § 71-8602 — NE Code / Chapter 71 / Section 71-8602
View Statute 71-8602
Status: in_force

The purposes of the Commission for the Blind and Visually Impaired Act are to assist blind persons in gaining remunerative employment, to enlarge economic opportunities for blind persons, to increase the available occupational range and diversity for blind persons, and to stimulate other efforts that aid blind persons in becoming self-supporting.

Laws 2000, LB 352, § 2.
Neb. Rev. Stat. § 71-5304 — NE Code / Chapter 71 / Section 71-5304
View Statute 71-5304
Status: in_force

(1) The director shall adopt and promulgate, as necessary, minimum rules and regulations governing the siting, design, construction, alteration, classification, and operation of public water systems to insure that such public water systems shall not contain amounts of chemical, radiological, physical, or bacteriological materials which are determined by the director, pursuant to section 71-5302 , to be harmful to the physical health of human beings. In adopting such rules and regulations, the director shall attempt to meet the following objectives:

(a) Insure that facilities are physically separated, to the greatest extent possible, from water or land areas which contain high levels of materials which are harmful to humans;

(b) Insure that such facilities, and all parts thereof, are physically sealed so that leakage of harmful materials into the public water system itself from sources outside the system shall not occur;

(c) Insure that all materials which are used in the construction of a system shall not place harmful materials into the public water system;

(d) Insure that all chemicals or other substances used to treat and purify water are free from harmful materials; and

(e) Insure, to the greatest extent possible, that such rules and regulations will allow uninterrupted and efficient operation of public water systems.

(2) The rules and regulations may contain differences and distinctions based on one or more of the following: Physical size of the facilities, number of persons served, system classification, source of water, treatment technique and purpose, and distribution complexity, so long as the objectives of this section are met.

Laws 1976, LB 821, § 4;

Laws 2001, LB 667, § 32;

Laws 2003, LB 31, § 5;

Laws 2021, LB148, § 75.
Neb. Rev. Stat. § 71-4742 — NE Code / Chapter 71 / Section 71-4742
View Statute 71-4742
Status: in_force

(1) Each birthing facility shall include a hearing screening test as part of its standard of care for newborns and shall establish a mechanism for compliance review. A hearing screening test shall be conducted on no fewer than ninety-five percent of the newborns born in this state.

(2) If the number of newborns receiving a hearing screening test does not equal or exceed ninety-five percent of the total number of newborns born in this state on or before December 1, 2003, or falls below ninety-five percent at any time thereafter, the Department of Health and Human Services shall immediately adopt and promulgate rules and regulations implementing a hearing screening program. The hearing screening program shall provide for a hearing screening test that every newborn born in this state shall undergo and shall provide that the hearing screening test be completed during birth admission or, if that is not possible, no later than three months after birth. Notwithstanding this section, it is the goal of this state to achieve a one-hundred-percent screening rate.

Laws 2000, LB 950, § 9;

Laws 2005, LB 301, § 49;

Laws 2007, LB296, § 596.
Neb. Rev. Stat. § 71-9304 — NE Code / Chapter 71 / Section 71-9304
View Statute 71-9304
Status: in_force

In addition to any other rights recognized under state or federal law, a home care consumer has the following rights:

(1) The right to confidentiality of all personal, financial, and medical information which is disclosed to a provider of home care services. A home care consumer also has the right of access to his or her own records and all written information from those records;

(2) The right to receive disclosure from the provider of home care services in writing and in plain language (a) whether the provider of home care services is an employer, a joint employer, an employee leasing company, or a contractor, as applicable, and (b) that the home care consumer (i) may be considered an employer under law and, if the home care consumer is so considered, may be held responsible for the payment of federal and state taxes, including, but not limited to, federal and state income taxes, taxes under the Federal Insurance Contributions Act for purposes of social security and medicare, contributions under the Federal Unemployment Tax Act and the Employment Security Law, payment of overtime pay and minimum wage, workers’ compensation insurance, and any other applicable payments required under state or federal law and (ii) should consult a tax professional if the home care consumer is uncertain about his or her responsibility for such payments;

(3) The right to be informed of the home care consumer’s rights under the Home Care Consumer Bill of Rights Act by a provider of home care services prior to receiving home care services. The provider of home care services shall provide a copy of the rights guaranteed by the Home Care Consumer Bill of Rights Act in the format accessible to the consumer which may include paper, electronic, audio, large print, or braille;

(4) The right to be informed of the contact information for the entities the home care consumer may contact if the home care consumer’s rights are violated, including the Consumer Protection Division of the Office of the Attorney General, in order to have grievances addressed in an appropriate and timely manner and without retaliation;

(5) The right to participate in the planning of his or her home care services, including, but not limited to, the right to make choices about aspects of the home care services that are important to him or her, choosing providers and schedules to the extent practicable, receiving reasonable accommodation of his or her needs and preferences, and involving anyone he or she chooses to participate with him or her in that planning;

(6) The right to receive sufficient information to make informed decisions, to be fully informed in advance about any proposed changes in home care services, and to be involved in the decisionmaking process regarding those changes;

(7) The right to refuse home care services;

(8) The right to be informed of the cost of home care services prior to receiving those services, whether the cost of home care services is covered under health insurance, long-term care insurance, or other private or public programs, and any charges the home care consumer will be expected to pay for such home care services. A home care consumer has the right to thirty days' advance notice of any changes to such costs or services;

(9) The right to receive care and services provided in a way that promotes his or her dignity and individuality; and

(10) The right to (a) express grievances about the quality of the home care services, the number of hours of home care services, and any violations of the home care consumer’s rights under the Home Care Consumer Bill of Rights Act and (b) assert the rights under the act without retaliation.

Laws 2016, LB698, § 4.

Employment Security Law, see section 48-601 .
Neb. Rev. Stat. § 71-6603 — NE Code / Chapter 71 / Section 71-6603
View Statute 71-6603
Status: in_force

On and after September 6, 1991, no person shall act as a home health aide unless such person:

(1) Is at least eighteen years of age;

(2) Is of good moral character;

(3) Has not been convicted of a crime under the laws of this state or another jurisdiction, the penalty for which is imprisonment for a period of more than one year and which is rationally related to the person's fitness or capacity to act as a home health aide;

(4) Is able to speak and understand the English language or the language of the home health agency patient and the home health agency staff member who acts as the home health aide's supervisor;

(5) Meets one of the following qualifications:

(a) Has successfully completed a home health aide training course which meets the standards described in section 71-6608.01 ;

(b) Is a graduate of a school of nursing;

(c) Has been employed by a licensed home health agency as a home health aide II prior to September 6, 1991;

(d) Has successfully completed a course in a school of nursing which included practical clinical experience in fundamental nursing skills and has completed a competency evaluation as described in section 71-6608.02 ;

(e) Has successfully completed a basic course of training approved by the department for nurse aides as required by section 71-6039 and has completed a competency evaluation as described in section 71-6608.02 ;

(f) Has been employed by a licensed home health agency as a home health aide I prior to September 6, 1991, and has completed a competency evaluation as described in section 71-6608.02 ; or

(g) Has met the qualifications equal to one of those contained in subdivisions (a) through (f) of this subdivision in another state or territory of the United States; and

(6) Has provided to the employing licensed home health agency proof of meeting the requirements of this section.

Laws 1988, LB 1100, § 118;

Laws 1991, LB 703, § 55;

Laws 2002, LB 1062, § 63;

Laws 2017, LB417, § 16.
Neb. Rev. Stat. § 71-5848 — NE Code / Chapter 71 / Section 71-5848
View Statute 71-5848
Status: in_force

The department shall, when it approves or rejects an application, provide in writing to the applicant the decision and the findings and conclusions on which it based the decision.

Laws 1979, LB 172, § 48;

Laws 1982, LB 378, § 39;

Laws 1989, LB 429, § 28;

Laws 1997, LB 798, § 30.
Neb. Rev. Stat. § 71-4604.01 — NE Code / Chapter 71 / Section 71-4604.01
View Statute 71-4604.01
Status: in_force

(1)(a) Every manufactured home or recreational vehicle manufactured, sold, offered for sale, or leased in this state more than four months after May 27, 1975, and before May 1, 1998, shall comply with the seal requirements of the state agency responsible for regulation of manufactured homes or recreational vehicles as such requirements existed on the date of manufacture.

(b) Every manufactured home or recreational vehicle manufactured, sold, offered for sale, or leased in this state on or after May 1, 1998, shall bear a seal issued by the commission certifying that the body and frame design and construction and the plumbing, heating, and electrical systems of such manufactured home or recreational vehicle have been installed in compliance with the standards adopted by the commission, applicable at the time of manufacture. Manufactured homes destined for sale outside the United States shall be exempt from displaying the seal issued by the state if sufficient proof of such delivery is submitted to the commission for review. Recreational vehicles destined for sale or lease outside this state or the United States shall be exempt from displaying the seal issued by the state if sufficient proof of such delivery is submitted to the commission for review. The commission shall issue the recreational-vehicle seal upon an inspection of the plans and specifications for the recreational vehicle or upon an actual inspection of the recreational vehicle during or after construction if the recreational vehicle is in compliance with state standards. The commission shall issue the manufactured-home seal in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as such act existed on January 1, 2005. Each seal issued by the state shall remain the property of the commission and may be revoked by the commission in the event of a violation of the conditions of issuance.

(2) The commission shall charge a fee in an amount determined annually by the commission after published notice and a hearing, for seals issued by the commission. A seal shall be placed on each manufactured home. The commission shall assess any costs of inspections conducted outside of Nebraska to the manufacturer in control of the inspected facility or to a manufacturer requesting such inspection. Such costs shall include, but not be limited to, actual travel, personnel, and inspection expenses and shall be paid prior to any issuance of seals.

(3) The commission shall adopt and promulgate rules and regulations governing the submission of plans and specifications of manufactured homes and recreational vehicles. A person who submits recreational-vehicle plans and specifications to the commission for review and approval shall be assessed an hourly rate by the commission for performing the review of the plans and specifications and related functions. The hourly rate shall be not less than fifteen dollars per hour and not more than seventy-five dollars per hour as determined annually by the commission after published notice and hearing based on the number of hours of review time as follows:

(a) New model, one hour;

(b) Quality control manual, two hours;

(c) Typicals, one-half hour;

(d) Revisions, three-fourths hour;

(e) Engineering calculations, three-fourths hour;

(f) Initial package, fifteen hours; and

not more than seventy-five dollars per hour as determined annually by the commission after published notice and hearing based on the number of hours of review time as follows:

(a) New model, one hour;

(b) Quality control manual, two hours;

(c) Typicals, one-half hour;

(d) Revisions, three-fourths hour;

(e) Engineering calculations, three-fourths hour;

(f) Initial package, fifteen hours; and

(g) Yearly renewal, two hours plus the three-fourths hour for revisions.

(4) The commission shall charge each manufacturer an inspection fee of two hundred fifty dollars for each inspection of any new recreational vehicle manufactured by such manufacturer and not bearing a seal issued by the State of Nebraska or some reciprocal state.

(5) All fees collected pursuant to the Uniform Standard Code for Manufactured Homes and Recreational Vehicles shall be remitted to the State Treasurer for credit to the Public Service Commission Housing and Recreational Vehicle Cash Fund.

Laws 1975, LB 300, § 5;

Laws 1983, LB 617, § 24;

Laws 1985, LB 313, § 9;

Laws 1991, LB 703, § 50;

Laws 1993, LB 536, § 88;

Laws 1996, LB 1044, § 677;

Laws 1996, LB 1155, § 33;

Laws 1998, LB 1073, § 130;

Laws 2003, LB 241, § 2;

Laws 2005, LB 319, § 1;

Laws 2008, LB797, § 15;

Laws 2010, LB849, § 26.
Neb. Rev. Stat. § 71-5208 — NE Code / Chapter 71 / Section 71-5208
View Statute 71-5208
Status: in_force

There is hereby established a statewide dental education program in comprehensive dentistry for the purpose of training dentists in the clinic of the College of Dentistry during the senior year of dental training. The Dean of the College of Dentistry of the University of Nebraska shall be responsible for implementing the comprehensive dentistry program.

Laws 1975, LB 571, § 8.
Neb. Rev. Stat. § 38-2422 — NE Code / Chapter 71 / Section 38-2422
38-2422
Status: in_force

Any person desiring to take the examination for a nursing home administrator license may request to take the examination any time after receiving notification of registration as an administrator-in-training or a person in a mentoring program, but the license shall not be issued until the board receives documentation of completion of the administrator-in-training or mentoring program and completion of all licensure requirements.

Laws 1988, LB 693, § 7;

R.S.Supp.,1988, § 71-2041.06;

Laws 1992, LB 1019, § 86;

Laws 1999, LB 411, § 5;

R.S.1943, (2003), § 71-6058;

Laws 2007, LB463, § 837.
Neb. Rev. Stat. § 71-6315 — NE Code / Chapter 71 / Section 71-6315
View Statute 71-6315
Status: in_force

(1) All rules and regulations adopted prior to December 1, 2008, under the Asbestos Control Act shall continue to be effective to the extent not in conflict with the changes made by Laws 2007, LB 463.

(2) All licenses, certificates, or other forms of approval issued prior to December 1, 2008, in accordance with the Asbestos Control Act shall remain valid as issued for purposes of the changes made by Laws 2007, LB 463, unless revoked or otherwise terminated by law.

(3) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to December 1, 2008, under the Asbestos Control Act shall be subject to the provisions of the act as they existed prior to December 1, 2008.

Laws 2007, LB463, § 1258.
Neb. Rev. Stat. § 38-1513 — NE Code / Chapter 71 / Section 38-1513
38-1513
Status: in_force

(1) The department, with the recommendation of the board, shall issue a temporary training license to any person who has met the requirements for licensure as a hearing instrument specialist pursuant to subdivisions (1)(a) and (b) of section 38-1512 . Previous experience or a waiting period shall not be required to obtain a temporary training license.

(2) Any person who desires a temporary training license shall make application to the department. The temporary training license shall be issued for a period of one year. A person holding a valid license as a hearing instrument specialist or an audiologist shall be responsible for the supervision and training of such applicant and shall maintain adequate personal contact with him or her.

(3) If a person who holds a temporary training license under this section has not successfully passed the licensing examination within twelve months of the date of issuance of the temporary training license, the temporary training license may be renewed or reissued for a twelve-month period. In no case may a temporary training license be renewed or reissued more than once. A renewal or reissuance may take place any time after the expiration of the first twelve-month period.

Laws 1969, c. 767, § 8, p. 2907;

Laws 1973, LB 515, § 22;

Laws 1986, LB 701, § 7;

Laws 1987, LB 473, § 55;

Laws 1988, LB 1100, § 154;

Laws 1991, LB 456, § 36;

Laws 1997, LB 752, § 185;

Laws 2003, LB 242, § 125;

R.S.1943, (2003), § 71-4708;

Laws 2007, LB463, § 577;

Laws 2009, LB195, § 31;

Laws 2017, LB88, § 55;

Laws 2025, LB332, § 21.
Neb. Rev. Stat. § 71-4813 — NE Code / Chapter 71 / Section 71-4813
View Statute 71-4813
Status: in_force

(1) When an autopsy is performed by the physician authorized by the county coroner to perform such autopsy, the physician or an appropriately qualified designee with training in ophthalmologic techniques, as provided for in subsection (2) of this section, may remove eye tissue of the decedent for the purpose of transplantation. The physician may also remove the pituitary gland for the purpose of research and treatment of hypopituitary dwarfism and of other growth disorders. Removal of the eye tissue or the pituitary gland shall only take place if the:

(a) Autopsy was authorized by the county coroner;

(b) County coroner receives permission from the person having control of the disposition of the decedent's remains pursuant to section 30-2223 ; and

(c) Removal of eye tissue or of the pituitary gland will not interfere with the course of any subsequent investigation or alter the decedent's post mortem facial appearance.

(2) An appropriately qualified designee of a physician with training in ophthalmologic techniques or a funeral director and embalmer licensed pursuant to the Funeral Directing and Embalming Practice Act upon (a) successfully completing a course in eye enucleation and (b) receiving a certificate of competence from the Department of Ophthalmology of the University of Nebraska Medical Center may enucleate the eyes of the donor.

(3) The removed eye tissue or pituitary gland shall be transported to the Department of Health and Human Services or any desired institution or health facility as prescribed by section 38-1427 .

Laws 1983, LB 60, § 1;

Laws 1985, LB 130, § 2;

Laws 1996, LB 1044, § 683;

Laws 2007, LB296, § 599;

Laws 2007, LB463, § 1220;

Laws 2010, LB1036, § 36;

Laws 2014, LB998, § 17.

Funeral Directing and Embalming Practice Act, see section 38-1401 .
Neb. Rev. Stat. § 71-6319.11 — NE Code / Chapter 71 / Section 71-6319.11
View Statute 71-6319.11
Status: in_force

Child-occupied facility means a building or portion of a building, constructed prior to 1978, visited regularly by the same child six years of age or under, on at least two different days within any seven-day period running from Sunday through Saturday, if each daily visit lasts at least three hours, the combined weekly visits last at least six hours, and the combined annual visits last at least sixty hours. Child-occupied facility may include, but is not limited to, a day-care center, a preschool, or a kindergarten classroom.

Laws 1999, LB 863, § 13.
Neb. Rev. Stat. § 71-7435 — NE Code / Chapter 71 / Section 71-7435
71-7435
Status: in_force

Drug sample means a unit of a prescription drug intended to promote the sale of the drug and not intended to be sold.

Laws 1992, LB 1019, § 8;

R.S.1943, (2003), § 71-7408;

Laws 2006, LB 994, § 9.
Neb. Rev. Stat. § 71-7102 — NE Code / Chapter 71 / Section 71-7102
View Statute 71-7102
Status: in_force

For purposes of the Critical Incident Stress Management Act:

(1) Critical incident means a traumatic or crisis situation;

(2) Critical incident stress means a strong emotional, cognitive, or physical reaction which has the potential to interfere with normal functioning, including physical and emotional illness, loss of interest in the job, personality changes, marital discord, and loss of ability to function;

(3) Emergency service agency means any law enforcement agency, fire department, emergency medical service, dispatcher, rescue service, hospital as defined in section 71-419 , or other entity which provides emergency response services;

(4) Emergency service personnel includes law enforcement personnel, firefighters, emergency medical services personnel, and hospital personnel; and

(5) Program means the Critical Incident Stress Management Program.

Laws 1991, LB 703, § 2;

Laws 1997, LB 138, § 53;

Laws 1997, LB 184, § 2;

Laws 2000, LB 819, § 142;

Laws 2025, LB346, § 42.
Neb. Rev. Stat. § 71-6721 — NE Code / Chapter 71 / Section 71-6721
View Statute 71-6721
Status: in_force

For purposes of the Medication Aide Act:

(1) Ability to take medications independently means the individual is physically capable of (a) the act of taking or applying a dose of a medication, (b) taking or applying the medication according to a specific prescription or recommended protocol, and (c) observing and monitoring himself or herself for desired effect, side effects, interactions, and contraindications of the medication and taking appropriate actions based upon those observations;

(2) Administration of medication includes, but is not limited to (a) providing medications for another person according to the five rights, (b) recording medication provision, and (c) observing, monitoring, reporting, and otherwise taking appropriate actions regarding desired effects, side effects, interactions, and contraindications associated with the medication;

(3) Caretaker means a parent, foster parent, family member, friend, or legal guardian who provides care for an individual;

(4) Child care facility means an entity or a person licensed under the Child Care Licensing Act;

(5) Competent individual means an adult who is the ultimate recipient of medication and who has the capability and capacity to make an informed decision about taking medications;

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

(7) Direction and monitoring means the acceptance of responsibility for observing and taking appropriate action regarding any desired effects, side effects, interactions, and contraindications associated with the medication by a (a) competent individual for himself or herself, (b) caretaker, or (c) licensed health care professional;

(8) Facility means a health care facility or health care service as defined in section 71-413 or 71-415 or an entity or person certified by the department to provide home and community-based services;

(9) Five rights means getting the right drug to the right recipient in the right dosage by the right route at the right time;

(10) Health care professional means an individual for whom administration of medication is included in the scope of practice;

(11) Home means the residence of an individual but does not include any facility or school;

(12) Intermediate care facility for persons with developmental disabilities has the definition found in section 71-421 ;

(13) Informed decision means a decision made knowingly, based upon capacity to process information about choices and consequences, and made voluntarily;

(14) Medication means any prescription or nonprescription drug intended for treatment or prevention of disease or to affect body function in humans;

(15) Medication aide means an individual who is listed on the medication aide registry operated by the department;

(16) Nonprescription drug has the definition found in section 38-2829 ;

(17) Nursing home means any facility or a distinct part of any facility that provides care as defined in sections 71-420 , 71-422 , 71-424 , and 71-429 ;

(18) Prescription drug has the definition of prescription drug or device as found in section 38-2841 ;

(19) Provision of medication means the component of the administration of medication that includes giving or applying a dose of a medication to an individual and includes helping an individual in giving or applying such medication to himself or herself;

(20) PRN means an administration scheme in which a medication is not routine, is taken as needed, and requires assessment for need and effectiveness;

(21) Recipient means a person who is receiving medication;

(22) Routine, with reference to medication, means the frequency of administration, amount, strength, and method are specifically fixed; and

applying such medication to himself or herself;

(20) PRN means an administration scheme in which a medication is not routine, is taken as needed, and requires assessment for need and effectiveness;

(21) Recipient means a person who is receiving medication;

(22) Routine, with reference to medication, means the frequency of administration, amount, strength, and method are specifically fixed; and

(23) School means an entity or person meeting the requirements for a school set by Chapter 79.

Laws 1998, LB 1354, § 11;

Laws 2000, LB 819, § 138;

Laws 2001, LB 398, § 81;

Laws 2004, LB 1005, § 132;

Laws 2007, LB296, § 663;

Laws 2007, LB463, § 1286;

Laws 2013, LB23, § 39.

Child Care Licensing Act, see section 71-1908 .
Neb. Rev. Stat. § 71-5210 — NE Code / Chapter 71 / Section 71-5210
View Statute 71-5210
Status: in_force

Sections 71-5210 to 71-5212 shall be known and may be cited as the Primary Care Provider Act.

Laws 1994, LB 1223, § 69;

Laws 2012, LB782, § 121.
Neb. Rev. Stat. § 71-5002 — NE Code / Chapter 71 / Section 71-5002
View Statute 71-5002
Status: in_force

For purposes of the Compassion and Care for Medically Challenging Pregnancies Act:

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

(2) Lethal fetal anomaly means a fetal condition diagnosed before birth that will, with reasonable certainty, result in the death of the unborn child within three months after birth;

(3) Nurse practitioner means any person licensed to practice as a nurse practitioner in this state;

(4) Perinatal hospice means comprehensive support to the pregnant woman and her family that includes support from the time of diagnosis, through the time of birth and the death of the infant, and through the postpartum period. Supportive care may include, but is not limited to, counseling and medical care by maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, clergy, social workers, and specialty nurses focused on alleviating fear and ensuring that the woman and her family experience the life and death of their child in a comfortable and supportive environment; and

(5) Physician means any person licensed to practice medicine and surgery in this state and includes osteopathic physicians.

Laws 2017, LB506, § 2.
Neb. Rev. Stat. § 71-9302 — NE Code / Chapter 71 / Section 71-9302
View Statute 71-9302
Status: in_force

For purposes of the Home Care Consumer Bill of Rights Act:

(1) Home care consumer means any person who receives home care services and who is (a) sixty years of age or older or (b) a person with disabilities and is younger than sixty years of age. Home care consumer shall also include the parent or guardian of the home care consumer when the consumer is a minor child;

(2) Home care services means home and community-based services the purposes of which are to promote independence and reduce the necessity for residence in a long-term care facility, including, but not limited to, personal care services designed to assist an individual in the activities of daily living such as bathing, exercising, personal grooming, and getting in and out of bed, and which are provided under the medicare program under Title XVIII of the federal Social Security Act, as amended, the medicaid program under Title XIX of the federal Social Security Act, as amended, or any other public or private program providing home care services; and

(3) Provider of home care services means a public or private organization that provides home care services or arranges for the provision of home care services by an independent contractor.

Laws 2016, LB698, § 2.
Neb. Rev. Stat. § 71-8001 — NE Code / Chapter 71 / Section 71-8001
View Statute 71-8001
Status: in_force

Sections 71-8001 to 71-8008 shall be known and may be cited as the Certified Industrial Hygienist Title Protection Act.

Laws 1997, LB 558, § 1.
Neb. Rev. Stat. § 71-6204 — NE Code / Chapter 71 / Section 71-6204
View Statute 71-6204
Status: in_force

Applicant group shall mean any health professional group or organization, any individual, or any other interested party which proposes that any health professional group not previously regulated be regulated by the division or which proposes to change the scope of practice of a regulated health profession.

Laws 1985, LB 407, § 4;

Laws 2012, LB834, § 6.
Neb. Rev. Stat. § 71-7913 — NE Code / Chapter 71 / Section 71-7913
View Statute 71-7913
Status: in_force

(1) An incident report or risk management report and the contents of an incident report or risk management report are not subject to discovery in, and are not admissible in evidence in the trial of, a civil action for damages for injury, death, or loss to a patient of a health care provider. A person who prepares or has knowledge of the contents of an incident report or risk management report shall not testify and shall not be required to testify in any civil action as to the contents of the report.

(2) A health care provider or individual claiming the privileges under this section has the burden of proving that the communications and documents are protected.

Laws 2011, LB431, § 10;

Laws 2019, LB119, § 8.
Neb. Rev. Stat. § 71-4610 — NE Code / Chapter 71 / Section 71-4610
View Statute 71-4610
Status: in_force

(1) The commission may conduct inspections and investigations as may be necessary to enforce the standards adopted under the Uniform Standard Code for Manufactured Homes and Recreational Vehicles or to carry out its duties pursuant to the code. The commission shall furnish the appropriate state and county officials any information obtained indicating noncompliance with such standards for appropriate action.

(2) For purposes of enforcement of the code and the rules, regulations, and standards adopted and promulgated by the commission pursuant to the code, persons duly designated by the commission, upon presenting appropriate credentials to the owner, operator, or agent in charge, may:

(a) Enter, at reasonable times and without advance notice, any factory, warehouse, or other establishment or place in which manufactured homes or recreational vehicles are manufactured, stored, offered for sale, or held for lease or sale; and

(b) Inspect, at reasonable times and within reasonable limits and in a reasonable manner, any such factory, warehouse, or other establishment or place and inspect such books, papers, records, and documents as are set forth in section 71-4611 . Each such inspection shall be commenced and completed with reasonable promptness.

Laws 1975, LB 300, § 9;

Laws 1985, LB 313, § 14;

Laws 1993, LB 536, § 92;

Laws 1998, LB 1073, § 134.
Neb. Rev. Stat. § 71-8311 — NE Code / Chapter 71 / Section 71-8311
View Statute 71-8311
Status: in_force

If the Legislature finds that it is necessary for the protection of the public to make changes in the statutes regulating categories of facilities after reviewing the criteria in section 71-8310 and considering governmental and societal costs and benefits, it is the intent of the Legislature that changes be implemented which are the least restrictive regulatory provisions consistent with protecting the public health, safety, and welfare.

Laws 1998, LB 1073, § 117.
Neb. Rev. Stat. § 71-9004 — NE Code / Chapter 71 / Section 71-9004
View Statute 71-9004
Status: in_force

(1) The department shall encourage and facilitate housing stability for victims of domestic violence and trafficking, including:

(a) The provision of grants, loans, and other assistance for such purpose; and

(b) Reimbursement to providers of services to victims of domestic violence or sex trafficking survivors.

(2)(a) The department shall provide housing-related assistance for victims of domestic violence and sex trafficking survivors, except that if the department determines that all housing-related assistance obligations under this section have been fully satisfied, the department may distribute any excess, up to twenty percent of the cost of such assistance, to certified organizations serving victims of domestic violence or sex trafficking survivors for acquisition or rehabilitation of housing to assist such persons.

(b) The department shall manage and distribute such assistance based upon a formula established by the department, in consultation with domestic violence and trafficking organizations, in a manner consistent with and reasonably calculated to promote the purposes of housing stability for victims of domestic violence and sex trafficking survivors.

(c) The department may contract with qualified third party organizations for the provision of such assistance.

Laws 2025, LB78, § 3.
Neb. Rev. Stat. § 71-4603 — NE Code / Chapter 71 / Section 71-4603
View Statute 71-4603
Status: in_force

For purposes of the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, unless the context otherwise requires:

(1) Camping trailer means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use;

(2) Commission means the Public Service Commission;

(3) Dealer means a person licensed by the state pursuant to the Motor Vehicle Industry Regulation Act as a dealer in manufactured homes or recreational vehicles or any other person, other than a manufacturer, who sells, offers to sell, distributes, or leases manufactured homes or recreational vehicles primarily to persons who in good faith purchase or lease a manufactured home or recreational vehicle for purposes other than resale;

(4) Defect means a failure to conform to an applicable construction standard that renders the manufactured home or recreational vehicle or any component of the manufactured home or recreational vehicle not fit for the ordinary use for which it was intended but does not result in an unreasonable risk of injury or death to occupants;

(5) Distributor means any person engaged in the sale and distribution of manufactured homes or recreational vehicles for resale;

(6) Failure to conform means a defect, a serious defect, noncompliance, or an imminent safety hazard related to the code;

(7) Fifth-wheel trailer means a unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of such size or weight as not to require a special highway movement permit, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle;

(8) Gross trailer area means the total plan area measured on the exterior to the maximum horizontal projections of exterior wall in the setup mode and includes all siding, corner trims, moldings, storage spaces, expandable room sections regardless of height, and areas enclosed by windows but does not include roof overhangs. Storage lofts contained within the basic unit shall have ceiling heights less than five feet and shall not constitute additional square footage. Appurtenances, as defined in subdivision (2)(k) of section 60-6,288 , shall not be considered in calculating the gross trailer area as provided in such subdivision;

(9) Imminent safety hazard means a hazard that presents an imminent and unreasonable risk of death or severe personal injury;

(10) Manufactured home means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or forty body feet or more in length or when erected on site is three hundred twenty or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure, except that manufactured home includes any structure that meets all of the requirements of this subdivision other than the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, as such act existed on September 1, 2001, 42 U.S.C. 5401 et seq.;

(11) Manufactured-home construction means all activities relating to the assembly and manufacture of a manufactured home, including, but not limited to, activities relating to durability, quality, and safety;

mplies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, as such act existed on September 1, 2001, 42 U.S.C. 5401 et seq.;

(11) Manufactured-home construction means all activities relating to the assembly and manufacture of a manufactured home, including, but not limited to, activities relating to durability, quality, and safety;

(12) Manufactured-home safety means the performance of a manufactured home in such a manner that the public is protected against any unreasonable risk of the occurrence of accidents due to the design or construction of such manufactured home or any unreasonable risk of death or injury to the user or to the public if such accidents do occur;

(13) Manufacturer means any person engaged in manufacturing, assembling, or completing manufactured homes or recreational vehicles;

(14) Motor home means a vehicular unit primarily designed to provide temporary living quarters which are built into an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van, containing permanently installed independent life-support systems that meet the state standard for recreational vehicles and providing at least four of the following facilities: Cooking; refrigeration or ice box; self-contained toilet; heating, air conditioning, or both; a potable water supply system including a faucet and sink; separate one-hundred-twenty-nominal-volt electrical power supply; or LP gas supply;

(15) Noncompliance means a failure to comply with an applicable construction standard that does not constitute a defect, a serious defect, or an imminent safety hazard;

(16) Park model recreational vehicle means a vehicular unit which meets the following criteria:

(a) Is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use;

(b) Is not permanently affixed to real property for use as a permanent dwelling;

(c) Is built on a single chassis mounted on wheels with a gross trailer area not exceeding four hundred square feet in the set up mode; and

(d) Is certified by the manufacturer as complying with the ANSI A119.5 Park Model Recreational Vehicle Standard of the American National Standards Institute, 2020 edition;

(17) Person means any individual, partnership, limited liability company, company, corporation, or association engaged in manufacturing, selling, offering to sell, or leasing manufactured homes or recreational vehicles;

(18) Purchaser means the first person purchasing a manufactured home or recreational vehicle in good faith for purposes other than resale;

(19) Recreational vehicle means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which unit either has its own motive power or is mounted on or towed by another vehicle. Recreational vehicle includes, but is not limited to, travel trailer, park model recreational vehicle, camping trailer, truck camper, motor home, and van conversion;

(20) Seal means a device or insignia issued by the Department of Health and Human Services Regulation and Licensure prior to May 1, 1998, or by the Public Service Commission on or after May 1, 1998, to be displayed on the exterior of a manufactured home or recreational vehicle to evidence compliance with state standards. The federal manufactured-home label shall be recognized as a seal;

(21) Serious defect means a failure to conform to an applicable construction standard that renders the manufactured home or recreational vehicle or any component of the manufactured home or recreational vehicle not fit for the ordinary use for which it was intended and which results in an unreasonable risk of injury or death to the occupants;

manufactured-home label shall be recognized as a seal;

(21) Serious defect means a failure to conform to an applicable construction standard that renders the manufactured home or recreational vehicle or any component of the manufactured home or recreational vehicle not fit for the ordinary use for which it was intended and which results in an unreasonable risk of injury or death to the occupants;

(22) Travel trailer means a vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use of such size or weight as not to require special highway movement permits when towed by a motorized vehicle;

(23) Truck camper means a portable unit constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof, floor, and sides and designed to be loaded onto and unloaded from the bed of a pickup truck; and

(24) Van conversion means a completed vehicle permanently altered cosmetically, structurally, or both which has been recertified by the state as a multipurpose passenger vehicle but which does not conform to or otherwise meet the definition of a motor home in this section and which contains at least one plumbing, heating, or one-hundred-twenty-nominal-volt electrical component subject to the provisions of the state standard for recreational vehicles. Van conversion does not include any such vehicle that lacks any plumbing, heating, or one-hundred-twenty-nominal-volt electrical system but contains an extension of the low-voltage automotive circuitry.

Laws 1969, c. 557, § 3, p. 2272;

Laws 1975, LB 300, § 3;

Laws 1985, LB 313, § 7;

Laws 1993, LB 121, § 435;

Laws 1993, LB 536, § 86;

Laws 1996, LB 1044, § 675;

Laws 1998, LB 1073, § 128;

Laws 2001, LB 376, § 6;

Laws 2008, LB797, § 13;

Laws 2010, LB816, § 90;

Laws 2012, LB751, § 48;

Laws 2022, LB1147, § 1.

Motor Vehicle Industry Regulation Act, see section 60-1401 .
Neb. Rev. Stat. § 38-1225 — NE Code / Chapter 71 / Section 38-1225
38-1225
Status: in_force

(1) No patient data received or recorded by an emergency medical service or an emergency care provider shall be divulged, made public, or released by an emergency medical service or an emergency care provider, except that patient data may be released (a) for purposes of treatment, payment, and other health care operations as defined and permitted under the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2024, (b) as required by section 38-1238 , or (c) as otherwise permitted by law. Such data shall be provided to the department for public health purposes pursuant to rules and regulations of the department. For purposes of this section, patient data means any data received or recorded as part of the records maintenance requirements of the Emergency Medical Services Practice Act.

(2) Patient data received by the department shall be confidential with release only (a) in aggregate data reports created by the department on a periodic basis or at the request of an individual, (b) as case-specific data to approved researchers for specific research projects, (c) as protected health information to a public health authority, as such terms are defined under the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2024, and (d) as protected health information, as defined under the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2024, to an emergency medical service, to an emergency care provider, or to a licensed health care facility for purposes of treatment. A record may be shared with the emergency medical service or emergency care provider that reported that specific record. Approved researchers shall maintain the confidentiality of the data, and researchers shall be approved in the same manner as described in section 81-666 . Aggregate reports shall be public documents.

(3) No civil or criminal liability of any kind or character for damages or other relief or penalty shall arise or be enforced against any person or organization by reason of having provided patient data pursuant to this section.

Laws 1997, LB 138, § 14;

Laws 2003, LB 667, § 11;

R.S.1943, (2003), § 71-5185;

Laws 2007, LB185, § 42;

Laws 2007, LB463, § 509;

Laws 2018, LB1034, § 26;

Laws 2020, LB1002, § 34;

Laws 2024, LB1355, § 2.
Neb. Rev. Stat. § 71-6020 — NE Code / Chapter 71 / Section 71-6020
View Statute 71-6020
Status: in_force

Any person entering a nursing home pursuant to section 71-6019 shall first notify appropriate nursing home personnel of his or her presence. He or she shall, upon request, produce identification to establish his or her identity. No such person shall enter the immediate living area of any resident without first identifying himself or herself and then receiving permission from the resident to enter. The rights of other residents present in the room shall be respected.

Laws 1983, LB 235, § 13.
Neb. Rev. Stat. § 71-8405 — NE Code / Chapter 71 / Section 71-8405
View Statute 71-8405
Status: in_force

(1) A provider shall not charge a fee for medical records requested by a patient for use in supporting an application for disability or other benefits or assistance or an appeal relating to the denial of such benefits or assistance under:

(a) Sections 43-501 to 43-536 regarding assistance for certain children;

(b) The Medical Assistance Act relating to the medical assistance program;

(c) Title II of the federal Social Security Act, as amended, 42 U.S.C. 401 et seq.;

(d) Title XVI of the federal Social Security Act, as amended, 42 U.S.C. 1382 et seq.; or

(e) Title XVIII of the federal Social Security Act, as amended, 42 U.S.C. 1395 et seq.

(2) Unless otherwise provided by law, a provider may charge a fee as provided in section 71-8404 for the medical records of a patient requested by a state or federal agency in relation to the patient's application for benefits or assistance or an appeal relating to denial of such benefits or assistance under subsection (1) of this section.

(3) A request for medical records under this section shall include a statement or document from the department or agency that administers the issuance of the assistance or benefits which confirms the application or appeal.

Laws 1999, LB 17, § 5;

Laws 2006, LB 1248, § 81.

Medical Assistance Act, see section 68-901 .
Neb. Rev. Stat. § 71-6319.20 — NE Code / Chapter 71 / Section 71-6319.20
View Statute 71-6319.20
Status: in_force

Encapsulation means the application of an encapsulant.

Laws 1999, LB 863, § 22.
Neb. Rev. Stat. § 71-8511 — NE Code / Chapter 71 / Section 71-8511
View Statute 71-8511
Status: in_force

The Behavioral Health Education Center created pursuant to section 71-830 shall provide education and training for educators on children's behavioral health in the areas of the state served by the Behavioral Health Screening and Referral Pilot Program created pursuant to section 71-8512 .

Laws 2013, LB556, § 3.
Neb. Rev. Stat. § 71-5328 — NE Code / Chapter 71 / Section 71-5328
View Statute 71-5328
Status: in_force

(1) For purposes of this section:

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

(b) Metropolitan utilities district means a district created pursuant to section 14-2101 ; and

(c) Qualified labor training organization means any job training service provider headquartered in the State of Nebraska with a demonstrated history of providing workforce training relevant to the skilled labor necessary for the removal and replacement of lead service lines.

(2) The Lead Service Line Cash Fund is created. The fund shall be administered by the department. The fund shall consist of funds transferred by the Legislature. The fund shall be used for grants under subsection (3) of this section. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Lead Service Line 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 department shall utilize all money in the Lead Service Line Cash Fund for the purpose of providing grants to metropolitan utilities districts for the following:

(a) Removing and replacing lead service lines;

(b) Repaying debt incurred for any loan received by the metropolitan utilities district for the purpose of replacing lead service lines, including any loan or loans under the federal Drinking Water State Revolving Fund or any other loan incurred specifically for the purpose of removing lead service lines;

(c) Providing information to residents on the benefits of removing lead service lines;

(d) Performing necessary construction, assessment, mapping, or any other labor, management, or contracted services required for and associated with removing and replacing lead service lines; or

(e) Acquiring any equipment, materials, or supplies necessary to replace lead service lines.

(4) The department may adopt and promulgate rules and regulations to carry out this section.

Laws 2023, LB818, § 40;

Laws 2024, LB1413, § 45;

Laws 2025, LB264, § 150;

Laws 2025, LB317, § 381.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-7003.01 — NE Code / Chapter 71 / Section 71-7003.01
View Statute 71-7003.01
Status: in_force

The department may apply for, receive, and administer funds received from private sources to pay for definitive diagnostic procedures for women enrolled in the breast and cervical cancer program authorized under sections 71-7001.01 to 71-7013 and funded through a grant from the United States Department of Health and Human Services.

This section does not create an entitlement for enrollees in the programs. Payments may be made to the extent funds are available in the order requests are received by the department.

The funds obtained for definitive diagnostic procedures shall be remitted to the State Treasurer for credit to the Breast and Cervical Cancer Cash Fund. Money credited to the fund for purposes of this section shall be used to reimburse the costs of definitive diagnostic procedures as provided in this section.

Laws 1995, LB 68, § 6;

Laws 2008, LB797, § 23.
Neb. Rev. Stat. § 71-6041 — NE Code / Chapter 71 / Section 71-6041
View Statute 71-6041
Status: in_force

To protect the health, safety, and welfare of nursing home residents and the public, the department shall adopt and promulgate such rules and regulations as are necessary for the effective administration of sections 71-6038 to 71-6042 . Such rules and regulations shall be consistent with federal requirements developed by the United States Department of Health and Human Services.

Laws 1983, LB 273, § 4;

Laws 1994, LB 1210, § 150;

Laws 1996, LB 1044, § 751;

Laws 2004, LB 1005, § 113;

Laws 2007, LB463, § 1238.
Neb. Rev. Stat. § 71-6908 — NE Code / Chapter 71 / Section 71-6908
View Statute 71-6908
Status: in_force

The Legislature recognizes and hereby declares that some teenage pregnancies are a direct or indirect result of family or foster family abuse, neglect, or sexual assault. The Legislature further recognizes that the actions of abuse, neglect, or sexual assault are crimes regardless of whether they are committed by strangers, acquaintances, or family members. The Legislature further recognizes the need for a parental consent bypass system as set out in section 71-6903 due to the number of unhealthy family environments in which some pregnant women reside. The Legislature encourages county attorneys to prosecute persons accused of committing acts of abuse, incest, neglect, or sexual assault pursuant to sections 28-319 , 28-319.01 , 28-320 , 28-320.01 , 28-703 , and 28-707 even if the alleged crime is committed by a biological or adoptive parent, foster parent, or other biological, adoptive, or foster family member.

Laws 1991, LB 425, § 8;

Laws 2006, LB 1199, § 56;

Laws 2011, LB690, § 13.
Neb. Rev. Stat. § 71-8242 — NE Code / Chapter 71 / Section 71-8242
View Statute 71-8242
Status: in_force

The department shall:

(1) Maintain the statewide trauma registry pursuant to section 71-8248 to assess the effectiveness of trauma delivery and modify standards and other requirements of the statewide trauma system to improve the provision of emergency medical services and trauma care;

(2) Develop patient outcome measures to assess the effectiveness of trauma care in the system;

(3) Develop standards for regional trauma care quality assurance programs; and

(4) Coordinate and develop trauma prevention and education programs.

The department shall administer funding allocated to the department for the purpose of creating, maintaining, or enhancing the statewide trauma system.

Laws 1997, LB 626, § 42;

Laws 2009, LB195, § 102;

Laws 2023, LB227, § 112.
Neb. Rev. Stat. § 71-4901 — NE Code / Chapter 71 / Section 71-4901
View Statute 71-4901
Status: in_force

The Department of Health and Human Services shall establish a program for the care and treatment of persons suffering from chronic renal diseases. This program shall assist persons suffering from chronic renal diseases who require life-saving care and treatment for such renal disease, but who are unable to pay for such services on a continuing basis. For the purposes of sections 71-4901 to 71-4905 , chronic renal disease is defined as that stage of renal function in which the kidney is no longer able to maintain the integrity of the internal environment of the organism which condition is of a permanent and deteriorating state. Such condition shall include but not be limited to the following: (1) Chronic glomerulonephritis; (2) chronic pyelonephritis; (3) nephrotic syndrome; (4) polycystic kidney disease; (5) Kimmelstiel-Wilson disease; or (6) progressive focal glomemlites such as lupus nephritis. For the purposes of sections 71-4901 to 71-4905 , life-saving care and treatment is that care and treatment which requires constant medical attention and frequent hospitalization capable of restoring life or extending life beyond that normal for a person suffering from chronic renal disease.

Laws 1972, LB 1270, § 1;

Laws 1996, LB 1044, § 686.
Neb. Rev. Stat. § 71-5803.03 — NE Code / Chapter 71 / Section 71-5803.03
View Statute 71-5803.03
Status: in_force

Certificate of need means a written authorization by the department for a person to implement the project under review.

Laws 1979, LB 172, § 6;

R.S.1943, (1996), § 71-5806;

Laws 1997, LB 798, § 7.
Neb. Rev. Stat. § 71-8225 — NE Code / Chapter 71 / Section 71-8225
View Statute 71-8225
Status: in_force

Pediatric trauma patient means a trauma patient known or estimated to be less than sixteen years of age.

Laws 1997, LB 626, § 25.
Neb. Rev. Stat. § 71-5723 — NE Code / Chapter 71 / Section 71-5723
View Statute 71-5723
Status: in_force

Indoor area means an area enclosed by a floor, a ceiling, and walls on all sides that are continuous and solid except for closeable entry and exit doors and windows and in which less than twenty percent of the total wall area is permanently open to the outdoors. For walls in excess of eight feet in height, only the first eight feet shall be used in determining such percentage.

Laws 2008, LB395, § 8.
Neb. Rev. Stat. § 71-6737 — NE Code / Chapter 71 / Section 71-6737
View Statute 71-6737
Status: in_force

Complaints, investigational records, reports, and investigational files of any kind of the department shall not be public record, shall not be subject to subpoena or discovery, and shall be inadmissible in evidence in any legal proceeding of any kind or character except an informal conference or formal hearing before the department. Such complaints, investigational records, reports, and investigational files shall be a public record if made part of the record of a formal hearing before the department. No person, including, but not limited to, department employees, having access to complaints, investigational records, reports, or investigational files, shall disclose such records or information except as required for investigation of the alleged violation or for purposes of a hearing before the department. Such information, files, and records may be disclosed to other law enforcement agencies by the department, and such disclosure shall not make the information, files, or records public records.

Laws 1998, LB 1354, § 27.
Neb. Rev. Stat. § 71-5829.05 — NE Code / Chapter 71 / Section 71-5829.05
View Statute 71-5829.05
Status: in_force

If two or more applications are submitted within thirty days after the receipt of the first application for the same health planning region and the approval of all the applications would result in long-term care beds in the health planning region in excess of the long-term care bed need established in section 71-5829.04 , the department shall grant the application and issue a certificate of need, subject to any reduction in beds required by section 71-5846 to the applicant which is better able to: (1) Provide quality care; (2) operate a long-term care facility in a cost-effective manner based on annual cost reports submitted to the department; (3) accumulate financial resources to complete the project; and (4) serve medicare, medicaid, and medically indigent long-term care patients in the area. The department shall show a preference to an application filed by an applicant with facilities in Nebraska. Information to make these determinations shall be limited to the application and data currently collected by the state. If the applicant does not have a facility in Nebraska, the department may request information from other states in which the applicant is offering services to make its determination.

Laws 1997, LB 798, § 24;

Laws 2007, LB296, § 635.
Neb. Rev. Stat. § 71-7708 — NE Code / Chapter 71 / Section 71-7708
View Statute 71-7708
Status: in_force

(1) The department shall require the parties to a cooperative agreement for which a certificate of public advantage has been issued to report annually on the functioning of the cooperative agreement for the preceding year. The report shall be in such form and contain such information as the department in its discretion deems necessary to make the determination required by section 71-7707 .

(2) Any interested person may petition the department to determine that the likely benefits resulting from a certified cooperative agreement no longer outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement. In such case, the department may initiate proceedings to terminate the certificate of public advantage in accordance with the Administrative Procedure Act.

(3) It shall be unlawful for an employer to take any adverse job action against any employee because such employee has petitioned, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under the Health Care Facility-Provider Cooperation Act.

Laws 1994, LB 1223, § 118.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 71-8722 — NE Code / Chapter 71 / Section 71-8722
View Statute 71-8722
Status: in_force

The Patient Safety Cash Fund is created. The Patient Safety Cash Fund shall only be used to support the activities of a patient safety organization. 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 2019, LB25, § 3.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-6904 — NE Code / Chapter 71 / Section 71-6904
View Statute 71-6904
Status: in_force

(1) An appeal to the Supreme Court shall be available to any pregnant woman for whom a court denies an order authorizing an abortion without consent. An order authorizing an abortion without consent shall not be subject to appeal.

(2) An adverse ruling by the court may be appealed to the Supreme Court.

(3) A pregnant woman may file a notice of appeal of any final order to the Supreme Court. The State Court Administrator shall develop the form for notice of appeal and accompanying instructions on the procedure for an appeal. A sufficient number of forms for notice of appeal and instructions shall be made available in each courthouse in such place that members of the general public can obtain a form and instructions without requesting such form and instructions from the clerk of the court or other court personnel.

(4) The clerk of the court shall cause the court transcript and bill of exceptions to be filed with the Supreme Court within four business days, but in no event later than seven calendar days, from the date of the filing of the notice of appeal.

(5) In all appeals under this section the pregnant woman shall have the right of a confidential and expedited appeal and the right to counsel at the appellate level if not already represented. Such counsel shall be appointed by the court and shall receive a fee to be fixed by the court and to be paid out of the treasury of the county in which the proceeding was held. The pregnant woman shall not be required to appear.

(6) The Supreme Court shall hear the appeal de novo on the record and issue a written decision which shall be provided immediately to the pregnant woman, the pregnant woman's guardian ad litem, the pregnant woman's attorney, or any other person designated by the pregnant woman to receive the order.

(7) The Supreme Court shall rule within seven calendar days from the time of the docketing of the appeal in the Supreme Court.

(8) The Supreme Court shall adopt and promulgate rules to ensure that proceedings under this section are handled in a confidential and expeditious manner.

Laws 1991, LB 425, § 4;

Laws 2011, LB690, § 8.

A petition for waiver of parental consent-which seeks authorization from the court to have an abortion without the notarized written consent of a parent or guardian of the petitioner-is limited in scope. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).

A petition for waiver of parental consent-which seeks authorization from the court to have an abortion without the notarized written consent of a parent or guardian of the petitioner-is limited in scope. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).

In an appeal brought under the provisions of section 71-6901 et seq., this section provides that the Nebraska Supreme Court reappraises the evidence as presented by the record and reaches its own independent conclusions with respect to the matters at issue; however, it considers, and may give weight to, the fact that the judge below heard and observed the witnesses. In re Petition of Anonymous I, 251 Neb. 424, 558 N.W.2d 784 (1997).

In an appeal brought under the provisions of section 71-6901 et seq., this section provides that the Nebraska Supreme Court reappraises the evidence as presented by the record and reaches its own independent conclusions with respect to the matters at issue; however, it considers, and may give weight to, the fact that the judge below heard and observed the witnesses. In re Petition of Anonymous I, 251 Neb. 424, 558 N.W.2d 784 (1997).
Neb. Rev. Stat. § 71-6102 — NE Code / Chapter 71 / Section 71-6102
View Statute 71-6102
Status: in_force

In order to safeguard life, health, and property, to promote the public welfare, and to recognize the need for design professionals to obtain government-issued permits or approval that may only be obtained with a construction document stamp, the profession of interior design is declared to be subject to regulation in the public interest. On and after January 1, 2025, it shall be unlawful for any person to hold oneself out to be a registered interior designer unless the person is registered under the Interior Design Voluntary Registration Act.

Laws 2024, LB16, § 15.
Neb. Rev. Stat. § 71-3904 — NE Code / Chapter 71 / Section 71-3904
View Statute 71-3904
Status: in_force

The Indoor Tanning Facility Act does not apply to:

(1) A physician licensed under the Uniform Credentialing Act who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emits ultraviolet radiation; or

(2) Any individual who owns tanning equipment exclusively for personal, noncommercial use.

Laws 2014, LB132, § 4.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 38-1230 — NE Code / Chapter 71 / Section 38-1230
38-1230
Status: in_force

A license issued under the Emergency Medical Services Practice Act shall not be sold, transferred, or assigned by the holder. Any change of ownership of an emergency medical service requires a new application and a new license.

Laws 1997, LB 138, § 19;

R.S.1943, (2003), § 71-5190;

Laws 2007, LB463, § 514.
Neb. Rev. Stat. § 71-4728.03 — NE Code / Chapter 71 / Section 71-4728.03
View Statute 71-4728.03
Status: in_force

The commission shall implement section 71-4728.02 with the advice of a special advisory committee appointed by the commission. The committee shall consist of five members as follows: Three counselors familiar with mental health, alcoholism, and drug abuse disorders in deaf or hard of hearing persons and two human services professionals. The Department of Health and Human Services and the commission shall each have a representative who serves on the committee in a nonvoting technical capacity.

Laws 1995, LB 25, § 6;

Laws 1996, LB 1044, § 682;

Laws 1997, LB 851, § 21.
Neb. Rev. Stat. § 71-4720 — NE Code / Chapter 71 / Section 71-4720
View Statute 71-4720
Status: in_force

There is hereby created the Commission for the Deaf and Hard of Hearing which shall consist of nine members to be appointed by the Governor subject to approval by the Legislature. The commission members shall include three deaf persons, three hard of hearing persons, and three persons who have an interest in and knowledge of deafness and hearing loss issues. A majority of the commission members who are deaf or hard of hearing shall be able to express themselves through sign language. Employees of any state agency other than employees of the commission shall be eligible to serve on the commission. When appointing members to the commission, the Governor shall consider recommendations from individuals, organizations, and the public.

Laws 1979, LB 101, § 1;

Laws 1981, LB 250, § 1;

Laws 1987, LB 376, § 16;

Laws 1995, LB 25, § 1;

Laws 1997, LB 851, § 12;

Laws 2019, LB248, § 6.
Neb. Rev. Stat. § 71-6615 — NE Code / Chapter 71 / Section 71-6615
View Statute 71-6615
Status: in_force

Sections 71-6601 to 71-6612 shall not apply to any volunteers working on behalf of a hospice licensed under the Health Care Facility Licensure Act who, as part of their volunteer duties, provide home health care.

Laws 1988, LB 1100, § 130;

Laws 1991, LB 703, § 64;

Laws 1996, LB 1155, § 66;

Laws 2000, LB 819, § 137.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 71-6103 — NE Code / Chapter 71 / Section 71-6103
View Statute 71-6103
Status: in_force

For purposes of the Interior Design Voluntary Registration Act:

(1) Design means the preparation of schematics, layouts, plans, drawings, specifications, calculations, and other diagnostic documents which show the features of a registered interior design project;

(2) Direct supervision means having full professional knowledge over work that constitutes the practice of registered interior design;

(3) Good ethical character means such character that will enable a person to discharge the fiduciary duties of a registered interior designer to such person's client and to the public for the protection of the public health, safety, and welfare;

(4) Interior alteration or construction project means a project for an interior space or area within a proposed or existing building or structure, including construction, modification, renovation, rehabilitation, or historic preservation that involves changing or altering:

(a) The design function or layout of rooms; or

(b) The state of permanent fixtures or equipment;

(5) Interior nonstructural element means an element or component of a building that does not require structural bracing, is not load-bearing, and is not essential to the structural or seismic integrity of the building;

(6)(a) Practice of registered interior design means the design of interior spaces as part of an interior alteration or construction project in conformity with public health, safety, and welfare requirements, including the preparation of any document relating to a building code description, any project egress plan that does not require additional exits in the space affected, any space planning, any finish material, any furnishing, any fixture, any equipment, and the preparation of any document and technical submission relating to interior construction; and

(b) Services that are not in the scope of the practice of registered interior design include:

(i) Services that constitute:

(A) The practice of professional engineering; or

(B) The practice of professional architecture, except as specifically provided for within the Engineers and Architects Regulation Act;

(ii) The construction or alteration of:

(A) The structural system of a building, including changing the building's live or dead load on the structural system;

(B) The building envelope, including an exterior wall, wall covering, or wall opening, an exterior window, an exterior door, any architectural trim, a balcony or similar projection, a bay, an oriel window, any roof assembly and rooftop structure, and any glass and glazing for exterior use in both vertical and sloped applications;

(C) Any mechanical, plumbing, heating, air conditioning, ventilation, electrical, vertical transportation, fire sprinkler, or fire alarm system;

(D) An egress system beyond the exit access component of such system; and

(E) Any life safety system such as a fire safety or fire protection of structural elements and smoke evacuation and compartmentalization system or a fire-rated vertical shaft in multistory structures;

(iii) Changes to an occupancy classification of greater hazard as determined by the International Building Code; and

(iv) Changes to the construction classification of the building or structure according to the International Building Code;

(7) Project means one or more related activities that require the practice of registered interior design for completion; and

(8) Registered interior designer or registrant means a person who is listed on the registry of interior designers under the Interior Design Voluntary Registration Act.

Laws 2024, LB16, § 16.

Engineers and Architects Regulation Act, see section 81-3401 .
Neb. Rev. Stat. § 71-7803 — NE Code / Chapter 71 / Section 71-7803
View Statute 71-7803
Status: in_force

For purposes of the Primary Care Investment Act:

(1) Department means the Department of Insurance; and

(2) Primary care physician means a physician licensed under the Uniform Credentialing Act and practicing in the area of family medicine, pediatrics, internal medicine, geriatrics, obstetrics and gynecology, or general medicine.

Laws 2022, LB863, § 13.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-4402 — NE Code / Chapter 71 / Section 71-4402
View Statute 71-4402
Status: in_force

(1) Every domestic animal in the State of Nebraska shall be vaccinated against rabies with a licensed vaccine and revaccinated at intervals specified by rules and regulations adopted and promulgated by the department. Young domestic animals shall be initially vaccinated at the age specified in such rules and regulations. Unvaccinated domestic animals acquired or moved into the State of Nebraska shall be vaccinated within thirty days after purchase or arrival unless under the age for initial vaccination.

(2) The rabies vaccine used to vaccinate domestic animals pursuant to this section shall be sold only to licensed veterinarians.

Laws 1969, c. 445, § 2, p. 1485;

Laws 1987, LB 104, § 2;

Laws 1990, LB 888, § 1;

Laws 2007, LB25, § 2.
Neb. Rev. Stat. § 71-8610 — NE Code / Chapter 71 / Section 71-8610
View Statute 71-8610
Status: in_force

(1) The commission is authorized to accept the provisions of the federal Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq., and to cooperate with the United States Government in any way necessary to enable the commission to receive federal funds for the vocational rehabilitation of blind persons as provided in such act and the provisions of Titles II and XVI of the federal Social Security Act, as amended, 42 U.S.C. 301 et seq.

(2) The commission shall provide vocational rehabilitation services for blind persons, including, but not limited to, prevocational training, maintenance during training, transportation, occupational tools and equipment, vocational training, medical and surgical care and hospitalization, and prosthetic appliances.

Laws 1947, c. 332, § 2, p. 1050;

Laws 1976, LB 674, § 2;

Laws 1979, LB 124, § 1;

Laws 1981, LB 336, § 1;

Laws 1996, LB 1044, § 928;

R.S.1943, (1999), § 83-210.02;

Laws 2000, LB 352, § 10.
Neb. Rev. Stat. § 71-5729 — NE Code / Chapter 71 / Section 71-5729
View Statute 71-5729
Status: in_force

Except as otherwise provided in section 71-5730 , it is unlawful for any person to smoke in a place of employment or a public place.

Laws 2008, LB395, § 14.
Neb. Rev. Stat. § 71-7910 — NE Code / Chapter 71 / Section 71-7910
View Statute 71-7910
Status: in_force

(1) Peer review committee means a utilization review committee, quality assessment committee, performance improvement committee, tissue committee, credentialing committee, or other committee established by a professional health care service entity or by the governing board of a facility which is a health care provider that does either of the following:

(a) Conducts professional credentialing or quality review activities involving the competence of, professional conduct of, or quality of care provided by a health care provider, including both an individual who provides health care and an entity that provides health care; or

(b) Conducts any other attendant hearing process initiated as a result of a peer review committee's recommendations or actions.

(2) To conduct peer review pursuant to the Health Care Quality Improvement Act, a professional health care service entity shall adopt and adhere to written policies and procedures governing the peer review committee of the professional health care service entity.

Laws 2011, LB431, § 7;

Laws 2019, LB119, § 5.
Neb. Rev. Stat. § 71-8904 — NE Code / Chapter 71 / Section 71-8904
View Statute 71-8904
Status: in_force

Controlled substance has the definition found in section 28-401 .

Laws 2008, LB1022, § 4.
Neb. Rev. Stat. § 71-9505 — NE Code / Chapter 71 / Section 71-9505
View Statute 71-9505
Status: in_force

A direct provider shall provide a written disclaimer on or accompanying each application for primary care services under a direct agreement with the direct provider and any guidelines distributed by or on behalf of the direct provider that informs a patient of his or her financial rights and responsibilities and that states that the direct provider will not bill a health insurance carrier for services covered under the direct agreement. The disclaimer shall also include a notice that reads substantially as follows:

NOTICE: This direct primary care agreement does not constitute insurance and is not a medical plan that provides health insurance coverage for purposes of any federal mandates. This direct primary care agreement only provides for the primary care services described in the agreement. It is recommended that insurance be obtained to cover medical services not provided for under this direct primary care agreement. You are always personally responsible for the payment of any additional medical expenses you may incur.

Laws 2016, LB817, § 5.
Neb. Rev. Stat. § 71-7438 — NE Code / Chapter 71 / Section 71-7438
71-7438
Status: in_force

Manufacturer means any entity engaged in manufacturing, preparing, propagating, processing, packaging, repackaging, or labeling a prescription drug.

Laws 1992, LB 1019, § 10;

R.S.1943, (2003), § 71-7410;

Laws 2006, LB 994, § 12;

Laws 2007, LB247, § 55.
Neb. Rev. Stat. § 71-5718 — NE Code / Chapter 71 / Section 71-5718
View Statute 71-5718
Status: in_force

For purposes of the Nebraska Clean Indoor Air Act, the definitions found in sections 71-5718.01 to 71-5728 apply.

Laws 2008, LB395, § 3;

Laws 2020, LB840, § 3.
Neb. Rev. Stat. § 71-6209 — NE Code / Chapter 71 / Section 71-6209
View Statute 71-6209
Status: in_force

Grandfather clause shall mean a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.

Laws 1985, LB 407, § 9.
Neb. Rev. Stat. § 71-7456 — NE Code / Chapter 71 / Section 71-7456
View Statute 71-7456
Status: in_force

(1) The pedigree required under section 71-7455 shall include all necessary identifying information concerning each sale or other transfer in the chain of distribution of the prescription drug from the manufacturer, through acquisition and sale by any wholesale drug distributor or repackager, until final sale to a pharmacy or other person dispensing or administering such drug, including, but not limited to:

(a) Name of the prescription drug;

(b) Dosage form and strength of the prescription drug;

(c) Size of the container;

(d) Number of containers;

(e) Lot number of the prescription drug;

(f) Name of the original manufacturer of the finished dosage form of the prescription drug;

(g) Name, address, telephone number, and if available, the email address of each owner of the prescription drug and each wholesale drug distributor who does not take title to the prescription drug;

(h) Name and address of each location from which the prescription drug was shipped if different from the owner's;

(i) Transaction dates;

(j) Certification that each recipient has authenticated the pedigree;

(k) Name of any repackager, if applicable; and

(l) Name and address of person certifying the delivery.

(2) Each paper or electronic pedigree shall be maintained by the purchaser and the wholesale drug distributor for three years from the date of sale or transfer and available for inspection or use upon request of law enforcement or an authorized agent of the department.

Laws 2006, LB 994, § 30.
Neb. Rev. Stat. § 71-5727 — NE Code / Chapter 71 / Section 71-5727
View Statute 71-5727
Status: in_force

Smoke or smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. The term includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form.

Laws 2008, LB395, § 12;

Laws 2020, LB840, § 6.
Neb. Rev. Stat. § 71-5323 — NE Code / Chapter 71 / Section 71-5323
View Statute 71-5323
Status: in_force

Loans shall be made only to owners of eligible systems for eligible projects pursuant to the Safe Drinking Water Act.

Laws 1997, LB 517, § 12.
Neb. Rev. Stat. § 71-6319.18 — NE Code / Chapter 71 / Section 71-6319.18
View Statute 71-6319.18
Status: in_force

Elevated blood-lead level means a confirmed concentration of lead in whole blood of twenty micrograms of lead per deciliter of whole blood for a single venous test or of fifteen to nineteen micrograms of lead per deciliter of whole blood in two consecutive tests taken three to four months apart.

Laws 1999, LB 863, § 20.
Neb. Rev. Stat. § 71-5870 — NE Code / Chapter 71 / Section 71-5870
View Statute 71-5870
Status: in_force

Any person who violates the Nebraska Health Care Certificate of Need Act by engaging in any activity which requires a certificate of need without first obtaining a certificate of need as required by the act or by engaging in an activity prohibited under the act is guilty of a Class IV misdemeanor. Each day of violation constitutes a separate offense. The magnitude of the violation is the primary consideration in establishing the amount of the fine.

Laws 1979, LB 172, § 70;

Laws 1982, LB 378, § 55;

Laws 1989, LB 429, § 39;

Laws 1997, LB 798, § 36.
Neb. Rev. Stat. § 71-4609 — NE Code / Chapter 71 / Section 71-4609
View Statute 71-4609
Status: in_force

(1) The commission shall administer the Uniform Standard Code for Manufactured Homes and Recreational Vehicles. The commission may adopt and promulgate, amend, alter, or repeal general rules and regulations of procedure for (a) administering the provisions of the code, (b) issuing seals, (c) obtaining statistical data respecting the manufacture and sale of manufactured homes and recreational vehicles, and (d) prescribing means, methods, and practices to make effective such provisions.

(2) The commission shall refuse to issue a seal to any manufacturer or other person for any manufactured home or recreational vehicle found to be not in compliance with its standards governing body and frame design and construction or plumbing, heating, or electrical systems for manufactured homes or recreational vehicles or for which fees have not been paid. Except in case of failure to pay the required fees, any such manufacturer or other person may request a hearing before the commission on the issue of such refusal. Procedures for notice and opportunity for a hearing before the commission shall be pursuant to the Administrative Procedure Act. The refusal by the commission may be appealed, and the appeal shall be in accordance with section 75-136 .

(3) The issuance of seals may be suspended or revoked as to any manufacturer or other person who has not complied with any provision of the code or with any rule, regulation, or standard adopted and promulgated under the code or who is convicted of violating section 71-4608 , and issuance of the seals shall not be resumed until such manufacturer or other person submits sufficient proof that the conditions which caused the lack of compliance or the violation have been remedied. Any manufacturer or other person may request a hearing before the commission on the issue of such suspension or revocation. Procedures for notice and opportunity for a hearing before the commission shall be pursuant to the Administrative Procedure Act. The suspension or revocation by the commission may be appealed, and the appeal shall be in accordance with section 75-136 .

(4) The commission may conduct hearings and presentations of views consistent with the regulations adopted by the United States Department of Housing and Urban Development and adopt and promulgate such rules and regulations as are necessary to carry out this function.

(5) The commission shall establish a monitoring inspection fee in an amount approved by the United States Secretary of Housing and Urban Development, which fee shall be an amount paid to the commission by the manufacturer for each manufactured-home seal issued in the state. An additional monitoring inspection fee established by the United States Secretary of Housing and Urban Development shall be paid by the manufacturer to the secretary who shall distribute the fees collected from all manufactured-home manufacturers based on provisions developed and approved by the secretary.

Laws 1969, c. 557, § 9, p. 2274;

Laws 1975, LB 300, § 21;

Laws 1981, LB 545, § 25;

Laws 1985, LB 313, § 13;

Laws 1988, LB 352, § 134;

Laws 1993, LB 536, § 91;

Laws 1998, LB 1073, § 133;

Laws 2002, LB 93, § 16;

Laws 2013, LB545, § 3.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 38-2423 — NE Code / Chapter 71 / Section 38-2423
38-2423
Status: in_force

(1) A person selected to apply for a provisional license in nursing home administration to serve as the administrator of such facility shall apply to the department. Such license, if issued, shall be valid for no more than one hundred eighty calendar days and may be issued to an individual not otherwise qualified for licensure as a nursing home administrator in order to maintain the daily operations of the facility and may not be renewed. The department may grant an extension not to exceed ninety days if the person seeking the provisional license is in a mentoring program.

(2) The department may issue a provisional license to an individual who has applied for a mentoring program. Such provisional license will allow the applicant to serve as administrator in the specified facility for one hundred eighty calendar days and may not be renewed. The board may grant an extension not to exceed ninety days if the person seeking the provisional license is in a mentoring program.

(3) An applicant for a provisional license under this section shall: (a) Be at least twenty-one years of age; (b) be employed on a full-time basis of not less than forty hours per week to perform the duties of the nursing home administrator; and (c) have no history of unprofessional conduct or denial or disciplinary action against a nursing home administrator license or a license to practice any other profession by any lawful licensing authority.

Laws 1972, LB 1040, § 12;

Laws 1980, LB 686, § 9;

R.S.1943, (1986), § 71-2045.08;

Laws 1992, LB 1019, § 89;

Laws 1999, LB 411, § 8;

Laws 2003, LB 242, § 137;

R.S.1943, (2003), § 71-6063;

Laws 2007, LB463, § 838.
Neb. Rev. Stat. § 38-2417 — NE Code / Chapter 71 / Section 38-2417
38-2417
Status: in_force

(1) The board shall consist of seven professional members and two public members appointed pursuant to section 38-158 . The members shall meet the requirements of sections 38-164 and 38-165 .

(2) The professional members shall consist of: (a) Two members who hold active licenses and are currently employed in the management, operation, or ownership of proprietary homes for the aged or infirm or nursing homes that serve the aged or infirm in Nebraska; (b) two members who hold active licenses and are currently employed in the management or operation of a nonprofit home for the aged or infirm or nursing home or hospital caring for chronically ill or infirm, aged patients; (c) one member who is a member of the faculty of a college or university located in the state who is actively engaged in a teaching program relating to business administration, social work, gerontology, or some other aspect of the administration of health care facilities; (d) one member who is a licensed physician and surgeon with a demonstrated interest in long-term care; and (e) one member who is a licensed registered nurse.

Laws 1972, LB 1040, § 5;

Laws 1980, LB 686, § 3;

Laws 1988, LB 693, § 10;

Laws 1989, LB 344, § 20;

R.S.Supp.,1989, § 71-2045.01;

Laws 1994, LB 1223, § 76;

Laws 1996, LB 1044, § 755;

Laws 1999, LB 411, § 9;

Laws 2002, LB 1062, § 61;

R.S.1943, (2003), § 71-6065;

Laws 2007, LB296, § 649;

Laws 2007, LB463, § 832.
Neb. Rev. Stat. § 71-4205 — NE Code / Chapter 71 / Section 71-4205
View Statute 71-4205
Status: in_force

A hospital that is designated as a comprehensive stroke center, a thrombectomy-capable stroke center, or a primary stroke center may enter into a coordinating stroke care agreement with an acute stroke-ready hospital to provide appropriate access to care for acute stroke patients. The agreement shall be in writing and shall include, at a minimum:

(1) A transfer agreement for the transport and acceptance of any stroke patient seen by the acute stroke-ready hospital for stroke treatment therapies which the acute stroke-ready hospital is not capable of providing; and

(2) Communication criteria and protocol with the acute stroke-ready hospital.

Laws 2016, LB722, § 5;

Laws 2018, LB1034, § 67.
Neb. Rev. Stat. § 71-8701 — NE Code / Chapter 71 / Section 71-8701
View Statute 71-8701
Status: in_force

Sections 71-8701 to 71-8722 shall be known and may be cited as the Patient Safety Improvement Act.

Laws 2005, LB 361, § 1;

Laws 2019, LB25, § 2.
Neb. Rev. Stat. § 71-7111 — NE Code / Chapter 71 / Section 71-7111
View Statute 71-7111
Status: in_force

No individual who provides gratuitous assistance to emergency service personnel as a member of the statewide critical incident stress management team in accordance with the Critical Incident Stress Management Act and the rules and regulations shall be held liable for any civil damages as a result of any act of commission or omission arising out of and in the course of rendering such assistance in good faith or any act or failure to act to provide or arrange for mental health treatment or care for emergency service personnel.

Laws 1991, LB 703, § 11;

Laws 1997, LB 184, § 11.
Neb. Rev. Stat. § 71-8721 — NE Code / Chapter 71 / Section 71-8721
View Statute 71-8721
Status: in_force

Any person who receives or releases information in the form and manner prescribed by the Patient Safety Improvement Act and the procedures established by a patient safety organization shall not be civilly or criminally liable for such receipt or release unless the receipt or release is done with actual malice, fraudulent intent, or bad faith. A patient safety organization shall not be liable civilly for the release of nonidentifiable aggregate trend data identifying the number and types of patient safety events that occur. Because the candid and conscientious evaluation of patient safety events is essential to the improvement of medical care and to encourage improvements in patient safety, any provider furnishing services to a patient safety organization shall not be liable for civil damages as a result of such acts, omissions, decisions, or other such conduct in connection with the duties on behalf of a patient safety organization if done pursuant to the Patient Safety Improvement Act except for acts done with actual malice, fraudulent intent, or bad faith.

Laws 2005, LB 361, § 21.
Neb. Rev. Stat. § 71-7912 — NE Code / Chapter 71 / Section 71-7912
View Statute 71-7912
Status: in_force

(1) The proceedings, records, minutes, and reports of a peer review committee shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action. No person who attends a meeting of a peer review committee, works for or on behalf of a peer review committee, provides information to a peer review committee, or participates in a peer review activity as an officer, director, employee, or member of a professional health care service entity or an officer, director, employee, or member of the governing board of a facility which is a health care provider shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings or activities of the peer review committee or as to any findings, recommendations, evaluations, opinions, or other actions of the peer review committee or any members thereof.

(2) Nothing in this section shall be construed to prevent discovery or use in any civil action of medical records, documents, or information otherwise available from original sources and kept with respect to any patient in the ordinary course of business, but the records, documents, or information shall be available only from the original sources and cannot be obtained from the peer review committee's proceedings or records.

(3) A health care provider or individual claiming the privileges under this section has the burden of proving that the communications and documents are protected.

Laws 2011, LB431, § 9;

Laws 2019, LB119, § 7.
Neb. Rev. Stat. § 38-1236 — NE Code / Chapter 71 / Section 38-1236
38-1236
Status: in_force

The provisions of the Emergency Medical Services Practice Act shall not be construed to supersede, limit, or otherwise affect the state emergency management laws or any interstate civil defense compact participated in by the State of Nebraska dealing with the licenses for professional, mechanical, or other skills of persons performing emergency management functions.

Laws 1997, LB 138, § 27;

R.S.1943, (2003), § 71-5198;

Laws 2007, LB463, § 520.
Neb. Rev. Stat. § 71-5909 — NE Code / Chapter 71 / Section 71-5909
View Statute 71-5909
Status: in_force

(1) For purposes of this section:

(a) Grievance means a written expression of dissatisfaction that may or may not be the result of an unresolved complaint; and

(b) Grievance procedure means the written policy of an assisted-living facility for addressing a grievance from an individual including an employee or resident.

(2) Each assisted-living facility shall, on or before January 1, 2020, provide to the department the grievance procedure provided to an applicant for admission to the assisted-living facility. When such grievance procedure is modified, updated, or otherwise changed, the new grievance procedure shall be provided to the department within seven business days after such new grievance procedure takes effect. The department shall make such grievance procedure available to the deputy public counsel for institutions.

Laws 2019, LB571, § 2.
Neb. Rev. Stat. § 71-5683 — NE Code / Chapter 71 / Section 71-5683
View Statute 71-5683
Status: in_force

Funding under the Rural Behavioral Health Training and Placement Program Act shall support:

(1) Faculty clinical training activities;

(2) Internship stipends for behavioral health interns and postdoctoral fellows; and

(3) Training and service provision expenses, including, but not limited to, travel to rural clinic sites, equipment, clinic space, patient-record management, scheduling, and telehealth supervision.

Laws 2006, LB 994, § 41.
Neb. Rev. Stat. § 71-9001 — NE Code / Chapter 71 / Section 71-9001
View Statute 71-9001
Status: in_force

A physician, his or her agent, or a mental health professional as defined in section 71-906 , upon consultation with a patient who is eighteen years of age, shall, with the consent of the patient, make or cause to be made a diagnostic examination for physical or mental injuries associated with sexual assault or domestic violence and prescribe for and treat such person for injuries associated with sexual assault or domestic violence. All such examinations and treatment may be performed without the consent of or notification to the parent, parents, guardian, or any other person having custody of the patient.

Laws 2011, LB479, § 2.
Neb. Rev. Stat. § 71-6608 — NE Code / Chapter 71 / Section 71-6608
View Statute 71-6608
Status: in_force

After January 1, 1989, any home health aide not acting as such for a period of three years shall demonstrate competency in the tasks and duties which are the subject of home health aide training courses. The home health agency shall determine and verify competency of the home health aide in the manner and method prescribed by the department.

Laws 1988, LB 1100, § 123.
Neb. Rev. Stat. § 71-8601 — NE Code / Chapter 71 / Section 71-8601
View Statute 71-8601
Status: in_force

Sections 71-8601 to 71-8616 shall be known and may be cited as the Commission for the Blind and Visually Impaired Act.

Laws 2000, LB 352, § 1;

Laws 2007, LB445, § 1.
Neb. Rev. Stat. § 71-7911 — NE Code / Chapter 71 / Section 71-7911
View Statute 71-7911
Status: in_force

(1) A health care provider or an individual (a) serving as a member or employee of a peer review committee, working on behalf of a peer review committee, furnishing counsel or services to a peer review committee, or participating in a peer review activity as an officer, director, employee, or member of a professional health care service entity or an officer, director, employee, or member of the governing board of a facility which is a health care provider and (b) acting without malice shall not be held liable in damages to any person for any acts, omissions, decisions, or other conduct within the scope of the functions of a peer review committee.

(2) A person who makes a report or provides information to a peer review committee shall not be subject to suit as a result of providing such information if such person acts without malice.

Laws 2011, LB431, § 8;

Laws 2019, LB119, § 6.
Neb. Rev. Stat. § 71-7462 — NE Code / Chapter 71 / Section 71-7462
View Statute 71-7462
Status: in_force

Any person who knowingly and intentionally engages in wholesale drug distribution in this state in violation of the Wholesale Drug Distributor Licensing Act is guilty of a Class III felony.

Laws 2006, LB 994, § 36.
Neb. Rev. Stat. § 71-8404 — NE Code / Chapter 71 / Section 71-8404
View Statute 71-8404
Status: in_force

Except as provided in sections 71-8405 and 71-8407 , for medical records provided under section 71-8403 or under subpoena by a patient or his or her authorized representative a provider may charge no more than twenty dollars as a handling fee and may charge no more than fifty cents per page as a copying fee. A provider may charge for the reasonable cost of all duplications of medical records which cannot routinely be copied or duplicated on a standard photocopy machine. A provider may charge an amount necessary to cover the cost of labor and materials for furnishing a copy of an X-ray or similar special medical record. If the provider does not have the ability to reproduce X-rays or other records requested, the person making the request may arrange, at his or her expense, for the reproduction of such records.

Laws 1999, LB 17, § 4.
Neb. Rev. Stat. § 71-8715 — NE Code / Chapter 71 / Section 71-8715
View Statute 71-8715
Status: in_force

The board of directors of a patient safety organization shall include at least one representative each from a statewide association of Nebraska hospitals, Nebraska physicians and surgeons, Nebraska nurses, Nebraska pharmacists, and Nebraska physician assistants as recommended by such associations. At least one consumer shall be a member of the board. The board shall consist of at least twelve but no more than fifteen members as established at the discretion of the board.

Laws 2005, LB 361, § 15.
Neb. Rev. Stat. § 71-9503 — NE Code / Chapter 71 / Section 71-9503
View Statute 71-9503
Status: in_force

For purposes of the Direct Primary Care Agreement Act:

(1) Direct agreement means a direct primary care agreement entered into on or after July 21, 2016, meeting the requirements of section 71-9504 ;

(2) Direct patient means an individual or family that is party to a direct agreement and is entitled to receive primary care services under the direct agreement from the direct provider;

(3) Direct provider means (a) a physician or nurse practitioner who is licensed under the Uniform Credentialing Act, who specializes or is board-certified in general practice, family medicine, internal medicine, or pediatrics, and who provides primary care services through a direct agreement, (b) a group of physicians or nurse practitioners who are licensed under the Uniform Credentialing Act, who specialize or are board-certified in general practice, family medicine, internal medicine, or pediatrics, and who provide primary care services as a group through a direct agreement, or (c) an entity that sponsors, employs, or is otherwise affiliated with a group of physicians or nurse practitioners, which physicians or nurse practitioners are licensed under the Uniform Credentialing Act, specialize or are board-certified in general practice, family medicine, internal medicine, or pediatrics, and provide only primary care services as a group through a direct agreement if (i) the entity is wholly owned by the group of physicians or nurse practitioners or is a nonprofit corporation exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 and (ii) the entity is not otherwise regulated as a health care service contractor, health maintenance organization, or disability insurer. Such an entity is not prohibited from sponsoring, employing, or being otherwise affiliated with other types of health care providers not engaged in a direct agreement;

(4) Direct service charge means a charge for primary care services provided by, or to be provided by, the direct provider to the direct patient. Direct service charge includes a charge in any form, including a periodic retainer, membership fee, subscription fee, or other charge paid under a direct agreement;

(5) Patient’s representative means a guardian or other person holding a power of attorney for health care; and

(6) Primary care means general health care services of the type provided at the time a patient seeks preventive care or first seeks health care services for a specific health concern. Primary care may include, but not be limited to:

(a) Care which promotes and maintains mental and physical health and wellness;

(b) Care which prevents disease;

(c) Screening, diagnosing, and treating acute or chronic conditions caused by disease, injury, or illness;

(d) Providing patient counseling and education; and

(e) Providing a broad spectrum of preventive and curative health care over a period of time.

Laws 2016, LB817, § 3.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-6039.02 — NE Code / Chapter 71 / Section 71-6039.02
View Statute 71-6039.02
Status: in_force

A paid dining assistant shall:

(1) Only feed residents who have no complicated feeding problems as selected by the nursing home based on the resident's latest assessment and plan of care and a determination by the charge nurse that the resident's condition at the time of such feeding meets that plan of care;

(2) Work under the supervision of a licensed registered or practical nurse who is in the nursing home and immediately available; and

(3) Call a supervisor for help in an emergency.

Laws 2004, LB 1005, § 116.
Neb. Rev. Stat. § 71-6319.06 — NE Code / Chapter 71 / Section 71-6319.06
View Statute 71-6319.06
Status: in_force

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

Laws 1999, LB 863, § 8;

Laws 2007, LB463, § 1266.
Neb. Rev. Stat. § 71-9507 — NE Code / Chapter 71 / Section 71-9507
View Statute 71-9507
Status: in_force

(1) A direct agreement is not insurance and is not subject to Chapter 44.

(2) Neither a direct provider nor an agent of a direct provider is required to obtain a certificate of authority or license under Chapter 44 to market, sell, or offer to sell a direct agreement.

(3) A direct provider shall not bill an insurer for services provided under a direct agreement. A patient may submit a request for reimbursement to an insurer if permitted under a policy of insurance. This subsection does not prohibit a direct provider from billing insurance for services not provided under a direct agreement.

Laws 2016, LB817, § 7.
Neb. Rev. Stat. § 71-7443 — NE Code / Chapter 71 / Section 71-7443
View Statute 71-7443
Status: in_force

Repackager means a person who repackages.

Laws 2006, LB 994, § 17.
Neb. Rev. Stat. § 71-4723 — NE Code / Chapter 71 / Section 71-4723
View Statute 71-4723
Status: in_force

The members of the commission shall receive no compensation for their services as such but shall be reimbursed for expenses in attending meetings of the commission and in carrying out their official duties as provided in sections 81-1174 to 81-1177 .

Laws 1979, LB 101, § 4;

Laws 1981, LB 204, § 131;

Laws 2020, LB381, § 66.
Neb. Rev. Stat. § 71-8705 — NE Code / Chapter 71 / Section 71-8705
View Statute 71-8705
Status: in_force

Identifiable information means information that is presented in a form and manner that allows the identification of any provider, patient, or reporter of patient safety work product. With respect to patients, such information includes any individually identifiable health information as that term is defined in the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as such regulations existed on April 28, 2005.

Laws 2005, LB 361, § 5.
Neb. Rev. Stat. § 71-7301 — NE Code / Chapter 71 / Section 71-7301
View Statute 71-7301
Status: in_force

Sections 71-7301 to 71-7307 shall be known and may be cited as the Let Them Grow Act.

Laws 2023, LB574, § 14.
Neb. Rev. Stat. § 71-4721 — NE Code / Chapter 71 / Section 71-4721
View Statute 71-4721
Status: in_force

Members of the commission shall serve for terms of three years and may not serve more than two consecutive three-year terms. A former member who has served two consecutive terms may be reappointed to the commission after at least one year of nonservice. The terms of the members shall expire on January 31 of the final year of their appointed term. As the terms of the appointees expire, succeeding appointees shall be representatives of the same segment of the public as the previous appointee, and such successors shall be appointed to three-year terms, except appointees to vacancies occurring from unexpired terms, in which case the successor shall serve out the term of his or her predecessor. Members whose terms have expired shall continue to serve until their successors have been appointed.

Laws 1979, LB 101, § 2;

Laws 1987, LB 376, § 17;

Laws 1997, LB 851, § 14.
Neb. Rev. Stat. § 71-8243 — NE Code / Chapter 71 / Section 71-8243
View Statute 71-8243
Status: in_force

Designated trauma centers and rehabilitation centers that receive trauma patients shall be categorized according to designation under the Statewide Trauma System Act.

Laws 1997, LB 626, § 43;

Laws 1999, LB 594, § 65;

Laws 2009, LB195, § 103;

Laws 2023, LB227, § 113.
Neb. Rev. Stat. § 71-8922.01 — NE Code / Chapter 71 / Section 71-8922.01
View Statute 71-8922.01
Status: in_force

(1) Except as otherwise provided in this section, a veterinary drug distributor may refill and distribute a veterinary legend drug pursuant to a veterinary drug order issued on or after August 28, 2021, by a veterinarian licensed in this state pursuant to a bona fide veterinarian-client-patient relationship without the prescriber's authorization if the prescriber is deceased and continuation of the veterinary legend drug is necessary for the animal's health, safety, and welfare.

(2) A refill under this section shall be limited in quantity to the amount sufficient to maintain the animal's health, safety, and welfare until a bona fide veterinarian-client-patient relationship can be established with a licensed veterinarian, but in no event shall the quantity exceed a thirty-day supply.

(3) If a licensed veterinarian indicates on a veterinary drug order that no emergency refills are authorized, a veterinary drug distributor shall not dispense under this section pursuant to that veterinary drug order.

(4) This section does not apply to controlled substances.

(5) A veterinary drug distributor shall not be required to refill any veterinary drug order under this section and shall not be liable for any damages resulting from refilling a veterinary drug order issued by a licensed veterinarian under this section unless such damages are a result of the gross negligence of the veterinary drug distributor.

Laws 2021, LB252, § 2.
Neb. Rev. Stat. § 71-7001 — NE Code / Chapter 71 / Section 71-7001
View Statute 71-7001
Status: in_force

(1) All health care facilities that perform mammography shall include in the summary of the mammography report to be provided to a patient information that identifies the patient's individual breast tissue classification based on the Breast Imaging Reporting and Data System established by the American College of Radiology. If a facility determines that a patient has heterogeneously dense or extremely dense breast tissue, the summary of the mammography report shall also include a notice substantially similar to the following:

Your mammogram indicates that you have dense breast tissue. Dense breast tissue is a normal finding that is present in about forty percent of women. Dense breast tissue can make it more difficult to detect cancer on a mammogram and may be associated with a slightly increased risk for breast cancer. This information is provided to raise your awareness of the impact of breast density on cancer detection and to encourage you to discuss this issue, as well as other breast cancer risk factors, with your health care provider as you decide together which screening options may be right for you.

(2) A facility that performs mammography may update the language in the notice to reflect advances in science and technology, as long as it continues to notify patients about the frequency of dense breast tissue and its effect on the accuracy of mammograms and encourage patients to discuss the issue with their health care provider.

(3) This section does not create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this section.

Laws 2017, LB195, § 1.
Neb. Rev. Stat. § 71-6019 — NE Code / Chapter 71 / Section 71-6019
View Statute 71-6019
Status: in_force

Any employee, representative, or agent of the department, the office of the state long-term care ombudsman, a law enforcement agency, or the local county attorney shall be permitted access at any hour to any resident of any nursing home. Friends and relatives of a resident shall have access during normal visiting and business hours of the facility. Representatives of community legal services programs, volunteers, and members of community organizations shall have access, after making arrangements with proper personnel of the home, during regular visiting and business hours if the purpose of such access is to:

(1) Visit, talk with, and make personal, social, and legal services available to all residents;

(2) Inform residents of their rights and entitlements and their corresponding obligations under federal and state laws by means of educational materials and discussions in groups and with individual residents;

(3) Assist residents in asserting their legal rights regarding claims for public assistance, medical assistance, and social security benefits, as well as in all other matters in which residents are aggrieved. Assistance may include counseling and litigation; or

(4) Engage in other methods of asserting, advising, and representing residents so as to extend to them full enjoyment of their rights.

Laws 1983, LB 235, § 12;

Laws 1992, LB 677, § 32;

Laws 1996, LB 1044, § 747;

Laws 2007, LB296, § 640.
Neb. Rev. Stat. § 71-6319.10 — NE Code / Chapter 71 / Section 71-6319.10
View Statute 71-6319.10
Status: in_force

Licensed visual lead-hazard advisor means an individual who has been trained by an accredited training program and licensed by the department to conduct a visual lead-hazard screen.

Laws 1999, LB 863, § 12;

Laws 2007, LB463, § 1270.
Neb. Rev. Stat. § 71-6017.01 — NE Code / Chapter 71 / Section 71-6017.01
View Statute 71-6017.01
Status: in_force

Medicaid means the medical assistance program established pursuant to the Medical Assistance Act.

Laws 1986, LB 782, § 1;

Laws 2006, LB 1248, § 78.

Medical Assistance Act, see section 68-901 .
Neb. Rev. Stat. § 71-7910.01 — NE Code / Chapter 71 / Section 71-7910.01
View Statute 71-7910.01
Status: in_force

Professional health care service entity means an entity which is organized under the Nebraska Nonprofit Corporation Act, the Nebraska Professional Corporation Act, the Nebraska Uniform Limited Liability Company Act, or the Uniform Partnership Act of 1998 and which renders health care services through individuals credentialed under the Uniform Credentialing Act.

Laws 2019, LB119, § 4;

Laws 2020, LB783, § 3.

Nebraska Nonprofit Corporation Act, see section 21-1901 .

Nebraska Professional Corporation Act, see section 21-2201 .

Nebraska Uniform Limited Liability Company Act, see section 21-101 .

Uniform Credentialing Act, see section 38-101 .

Uniform Partnership Act of 1998, see section 67-401 .
Neb. Rev. Stat. § 71-5829.04 — NE Code / Chapter 71 / Section 71-5829.04
View Statute 71-5829.04
Status: in_force

(1) All long-term care beds which require a certificate of need under section 71-5829.03 are subject to a moratorium unless one of the following exceptions applies:

(a) An exception to the moratorium may be granted if the department establishes that the needs of individuals whose medical and nursing needs are complex or intensive and are above the level of capabilities of staff and above the services ordinarily provided in a long-term care bed are not currently being met by the long-term care beds licensed in the health planning region; or

(b) If the average occupancy for all licensed long-term care beds located in a twenty-five-mile radius of the proposed site has exceeded ninety percent occupancy during the most recent three consecutive calendar quarters as reported at the time of the application filing and there is a long-term care bed need as determined under this section, the department may grant an exception to the moratorium and issue a certificate of need. If the department determines average occupancy for all licensed long-term care beds located in a twenty-five-mile radius of the proposed site has not exceeded ninety percent occupancy during the most recent three consecutive calendar quarters as reported at the time of the application filing, the department shall deny the application unless the department determines that all long-term care beds in a licensed facility located in a city of the second class or village have been sold or transferred to another facility or facilities located outside of the twenty-five-mile radius of the city or village resulting in no licensed long-term care beds within the corporate limits of the city of the second class or village. In such case, the department shall waive the certificate of need limitations of this subdivision for development and licensure of a long-term care facility by a political subdivision or a nonprofit organization in such a city of the second class or village if the political subdivision or nonprofit organization agrees not to sell long-term care beds licensed under such waiver or increase the number of long-term care beds as allowed under subdivision (2) of section 71-5829.03 until five years have passed after such beds are first occupied. The number of licensed long-term care beds in the facility shall be limited to the number of long-term care beds sold or transferred as described in this subdivision.

(2) The department shall review applications which require a certificate of need under section 71-5829.03 and determine if there is a need for additional long-term care beds as provided in this section. No such application shall be approved if the current supply of licensed long-term care beds in the health planning region of the proposed site exceeds the long-term care bed need for that health planning region. For purposes of this section:

(a) Long-term care bed need is equal to the population of the health planning region, multiplied by the utilization rate of long-term care beds within the health planning region, and the result divided by the minimum occupancy rate of long-term care beds within the health planning region;

(b) Population is the most recent projection of population for the health planning region for the year which is closest to the fifth year immediately following the date of the application. The applicant shall provide such projection as part of the application using data from the University of Nebraska-Lincoln Bureau of Business Research or other source approved by the department;

(c) The utilization rate is the number of people using long-term care beds living in the health planning region in which the proposed project is located divided by the population of the health planning region; and

icant shall provide such projection as part of the application using data from the University of Nebraska-Lincoln Bureau of Business Research or other source approved by the department;

(c) The utilization rate is the number of people using long-term care beds living in the health planning region in which the proposed project is located divided by the population of the health planning region; and

(d) The minimum occupancy rate is ninety-five percent for health planning regions which are part of or contain a Metropolitan Statistical Area as defined by the United States Bureau of the Census. For all other health planning regions in the state, the minimum occupancy rate is ninety percent.

(3) To facilitate the review and determination required by this section, each health care facility with long-term care beds shall report on a quarterly basis to the department the number of residents at such facility on the last day of the immediately preceding quarter on a form provided by the department. Such report shall be provided to the department no later than ninety days after the last day of the immediately preceding quarter. The department shall provide the occupancy data collected from such reports upon request. Any facility failing to timely report such information shall be ineligible for any exception to the requirement for a certificate of need under section 71-5830.01 and any exception to the moratorium imposed under this section and may not receive, transfer, or relocate long-term care beds.

Laws 1997, LB 798, § 23;

Laws 2009, LB195, § 85;

Laws 2013, LB344, § 1.
Neb. Rev. Stat. § 71-6328.02 — NE Code / Chapter 71 / Section 71-6328.02
View Statute 71-6328.02
Status: in_force

(1) All rules and regulations adopted prior to December 1, 2008, under the Residential Lead-Based Paint Professions Certification Act shall continue to be effective under the Residential Lead-Based Paint Professions Practice Act to the extent not in conflict with the changes made by Laws 2007, LB 463.

(2) All licenses, certificates, or other forms of approval issued prior to December 1, 2008, in accordance with the Residential Lead-Based Paint Professions Certification Act shall remain valid as issued for purposes of the changes made by Laws 2007, LB 463, in the Residential Lead-Based Paint Professions Practice Act unless revoked or otherwise terminated by law.

(3) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to December 1, 2008, under the Residential Lead-Based Paint Professions Certification Act shall be subject to the provisions of the act as they existed prior to December 1, 2008.

Laws 2007, LB463, § 1285.
Neb. Rev. Stat. § 71-5001 — NE Code / Chapter 71 / Section 71-5001
View Statute 71-5001
Status: in_force

Sections 71-5001 to 71-5004 shall be known and may be cited as the Compassion and Care for Medically Challenging Pregnancies Act.

Laws 2017, LB506, § 1.
Neb. Rev. Stat. § 71-5803.07 — NE Code / Chapter 71 / Section 71-5803.07
View Statute 71-5803.07
Status: in_force

Health planning region means one of the twenty-six health planning regions established in the Nebraska State Health Plan, 1986-1991.

Laws 1997, LB 798, § 11.
Neb. Rev. Stat. § 71-6916 — NE Code / Chapter 71 / Section 71-6916
View Statute 71-6916
Status: in_force

(1) If a physician performs or induces an abortion because of a medical emergency pursuant to subdivision (3)(a) of section 71-6915 , the physician shall certify in writing that a medical emergency existed and explain the medical emergency in the written certification. The physician shall keep the written certification in the woman's medical record.

(2) If a physician performs or induces an abortion in the case of sexual assault or incest pursuant to subdivision (3)(b) or (c) of section 71-6915 , the physician shall certify in writing that the abortion was performed because of sexual assault or incest and that the physician complied with all applicable duties imposed by section 28-902 . The physician shall keep the written certification in the woman's medical record.

Laws 2023, LB574, § 5.
Neb. Rev. Stat. § 71-5661 — NE Code / Chapter 71 / Section 71-5661
View Statute 71-5661
Status: in_force

(1) The financial incentives provided by the Rural Health Systems and Professional Incentive Act shall consist of (a) student loans to eligible students for attendance at an eligible school as determined pursuant to section 71-5662 , (b) the repayment of qualified educational debts owed by physicians and psychiatrists in an approved medical specialty residency program in Nebraska as determined pursuant to section 71-5662 , and (c) the repayment of qualified educational debts owed by eligible health professionals as determined pursuant to section 71-5662 . Funds for such incentives shall be appropriated from the General Fund to the department for such purposes.

(2) The Rural Health Professional Incentive Fund is created. The fund shall be used to carry out the purposes of the act, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Money credited pursuant to section 71-5670.01 and payments received pursuant to sections 71-5666 , 71-5668 , and 71-5669.01 shall be remitted to the State Treasurer for credit to the Rural Health Professional Incentive Fund. 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 400, § 12;

Laws 1994, LB 1223, § 58;

Laws 1995, LB 7, § 79;

Laws 1996, LB 1155, § 50;

Laws 1999, LB 242, § 1;

Laws 2001, LB 214, § 3;

Laws 2004, LB 1005, § 103;

Laws 2009, First Spec. Sess., LB3, § 46;

Laws 2015, LB196, § 4;

Laws 2023, LB50, § 36.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-6733 — NE Code / Chapter 71 / Section 71-6733
View Statute 71-6733
Status: in_force

A person whose registration has been denied, refused renewal, or removed from the Medication Aide Registry may reapply for registration or for lifting of the disciplinary sanction at any time after one year has elapsed since the date such registration was denied, refused renewal, or removed from the registry, in accordance with the rules and regulations.

Laws 1998, LB 1354, § 23;

Laws 2007, LB185, § 45.
Neb. Rev. Stat. § 71-9611 — NE Code / Chapter 71 / Section 71-9611
View Statute 71-9611
Status: in_force

The Investigational Drug Use Act does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against another person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to the eligible patient resulting from treatment if the manufacturer or other person or entity has complied in good faith with the terms of the act.

Laws 2018, LB117, § 11.
Neb. Rev. Stat. § 71-3909 — NE Code / Chapter 71 / Section 71-3909
View Statute 71-3909
Status: in_force

Upon receipt of a complaint regarding a tanning facility, the department, with the recommendation of the board, may inspect any tanning facility during the hours of operation of the tanning facility to ensure compliance with the Indoor Tanning Facility Act.

Laws 2014, LB132, § 9.
Neb. Rev. Stat. § 71-4207 — NE Code / Chapter 71 / Section 71-4207
View Statute 71-4207
Status: in_force

The department shall adopt and distribute a nationally recognized, standardized stroke triage assessment tool. The department shall post the stroke triage assessment tool on the department's website and provide a copy of the assessment tool to each emergency medical service licensed pursuant to the Emergency Medical Services Practice Act.

Laws 2016, LB722, § 7.

Emergency Medical Services Practice Act, see section 38-1201 .
Neb. Rev. Stat. § 71-8205 — NE Code / Chapter 71 / Section 71-8205
View Statute 71-8205
Status: in_force

Advanced level trauma center means a trauma center which, in addition to providing all of the services provided by basic level and general level trauma centers, also provides definitive care for complex and severe trauma, an emergency trauma team available within fifteen minutes, twenty-four hours per day, inhouse operating room personnel who initiate surgery, a neurosurgeon available who provides neurological assessment and stabilization, a broad range of specialists available for consultation or care, comprehensive diagnostic capabilities and support equipment, and appropriate equipment for pediatric trauma patients in the emergency department, intensive care unit, and operating room.

Laws 1997, LB 626, § 5;

Laws 2009, LB195, § 88.
Neb. Rev. Stat. § 71-4722 — NE Code / Chapter 71 / Section 71-4722
View Statute 71-4722
Status: in_force

Members may be removed by the Governor for inefficiency, neglect of duty, or misconduct in office, but only after delivering to the member a copy of the charges and affording such member an opportunity to be publicly heard in person, or by counsel, in his or her own defense, upon not less than ten days' notice.

Laws 1979, LB 101, § 3.
Neb. Rev. Stat. § 71-6907 — NE Code / Chapter 71 / Section 71-6907
View Statute 71-6907
Status: in_force

(1) Any physician or attending physician who knowingly and intentionally or with reckless disregard performs an abortion in violation of sections 71-6901 to 71-6906 and 71-6909 to 71-6911 shall be guilty of a Class III misdemeanor.

(2) Performance of an abortion in violation of such sections shall be grounds for a civil action by a person wrongfully denied the right and opportunity to consent.

(3) A person shall be immune from liability under such sections (a) if he or she establishes by written evidence that he or she relied upon evidence sufficient to convince a careful and prudent person that the representations of the pregnant woman regarding information necessary to comply with such sections are bona fide and true or (b) if the person has performed an abortion authorized by a court order issued pursuant to section 71-6903 or 71-6904 .

(4) Any person not authorized to provide consent under sections 71-6901 to 71-6911 who provides consent is guilty of a Class III misdemeanor.

(5) Any person who coerces a pregnant woman to have an abortion is guilty of a Class III misdemeanor.

Laws 1991, LB 425, § 7;

Laws 2011, LB690, § 11.
Neb. Rev. Stat. § 71-6318 — NE Code / Chapter 71 / Section 71-6318
View Statute 71-6318
Status: in_force

Sections 71-6318 to 71-6331.01 shall be known and may be cited as the Residential Lead-Based Paint Professions Practice Act.

Laws 1994, LB 1210, § 166;

Laws 1995, LB 147, § 1;

Laws 1999, LB 863, § 1;

Laws 2007, LB463, § 1260.

Lead-based paint removal, credentialing provisions, see sections 38-1,119 to 38-1,123 .
Neb. Rev. Stat. § 71-6303 — NE Code / Chapter 71 / Section 71-6303
View Statute 71-6303
Status: in_force

(1) The department shall administer the Asbestos Control Act.

(2) The department shall adopt and promulgate rules and regulations necessary to carry out the act. The department shall adopt state standards governing asbestos projects and may adopt or incorporate part or all of any federal standards in the state standards so long as state standards are no less stringent than federal standards.

(3)(a) The department shall prescribe fees based upon the following schedule:

(i) For a business entity license or license renewal, not less than two thousand dollars or more than five thousand dollars;

(ii) For waiver on an emergency basis of a business entity license, not less than two thousand dollars or more than five thousand dollars;

(iii) For waiver of a license for a business entity not primarily engaged in asbestos projects, not less than two thousand dollars or more than five thousand dollars;

(iv) For approval of an initial training course, not less than one thousand dollars or more than two thousand five hundred dollars, which fee shall include one onsite inspection if the inspection is required by the department;

(v) For approval of a review course or a four-hour course on Nebraska law, rules, and regulations, not less than five hundred dollars or more than one thousand dollars, which fee shall include one onsite inspection if the inspection is required by the department;

(vi) For an onsite inspection of an asbestos project other than an initial inspection, not less than one hundred fifty dollars or more than two hundred fifty dollars. Such fees shall not be assessed for more than three onsite inspections per year during the period an actual asbestos project is in progress; and

(vii) For a project review of each asbestos project of a licensed business entity which is equal to or greater than two hundred sixty linear feet or any combination which is equal to or greater than one hundred sixty square feet and linear feet, including any initial onsite inspection, not less than two hundred dollars or more than five hundred dollars.

(b) Any business applicant whose application is rejected shall be allowed the return of the application fee, except that an administrative charge of three hundred dollars for a license and one hundred dollars for approval of a training course shall be retained by the department.

(c) All fees shall be based on the costs of administering the Asbestos Control Act. In addition to the fees prescribed in this section, the department may charge and receive reimbursement for board, room, and travel by employees in excess of three hundred dollars, which reimbursement shall not exceed the amounts allowable in sections 81-1174 to 81-1177 . All such fees collected by the department shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund. Money credited to the fund pursuant to this section shall be used by the department for the purpose of administering the act.

(4) At least once a year during the continuation of an asbestos project, the department shall conduct an onsite inspection of each licensed business entity's procedures for performing asbestos projects.

(5) The department may enter into agreements or contracts with public agencies to conduct any inspections required under the act.

(6) The department shall adopt and promulgate rules and regulations defining work practices for asbestos projects. The department may provide for alternatives to specific work practices when the health, safety, and welfare of all classes of asbestos occupations and the general public are adequately protected.

nts or contracts with public agencies to conduct any inspections required under the act.

(6) The department shall adopt and promulgate rules and regulations defining work practices for asbestos projects. The department may provide for alternatives to specific work practices when the health, safety, and welfare of all classes of asbestos occupations and the general public are adequately protected.

(7) The department may apply for and receive funds from the federal government and any other public or private entity for the purposes of administering the act.

Laws 1986, LB 1051, § 3;

Laws 1988, LB 1073, § 3;

Laws 1991, LB 703, § 52;

Laws 1995, LB 406, § 74;

Laws 1996, LB 1044, § 762;

Laws 2002, LB 1021, § 99;

Laws 2003, LB 242, § 144;

Laws 2007, LB296, § 655;

Laws 2007, LB463, § 1244;

Laws 2020, LB381, § 70.
Neb. Rev. Stat. § 71-8211 — NE Code / Chapter 71 / Section 71-8211
View Statute 71-8211
Status: in_force

Department means the Division of Public Health of the Department of Health and Human Services.

Laws 1997, LB 626, § 11;

Laws 2007, LB296, § 688.
Neb. Rev. Stat. § 71-3908 — NE Code / Chapter 71 / Section 71-3908
View Statute 71-3908
Status: in_force

An operator, an owner of a tanning facility, or a lessee of a tanning facility shall ensure that the tanning facility complies with all applicable federal laws and regulations and the Indoor Tanning Facility Act.

Laws 2014, LB132, § 8.
Neb. Rev. Stat. § 71-5317 — NE Code / Chapter 71 / Section 71-5317
View Statute 71-5317
Status: in_force

The director may obligate and administer federal grants for construction of safe drinking water projects pursuant to the Safe Drinking Water Act.

Laws 1997, LB 517, § 6.
Neb. Rev. Stat. § 71-7711 — NE Code / Chapter 71 / Section 71-7711
View Statute 71-7711
Status: in_force

The department shall maintain on file a copy of all cooperative agreements for which certificates of public advantage remain in effect. Any party to a cooperative agreement who terminates the agreement shall file a notice of termination with the department within thirty days after termination.

Laws 1994, LB 1223, § 121.
Neb. Rev. Stat. § 71-6911 — NE Code / Chapter 71 / Section 71-6911
View Statute 71-6911
Status: in_force

A declaration under sections 71-6901 to 71-6911 shall be confidential except as would be required in any court proceedings under such sections.

Laws 2011, LB690, § 15.
Neb. Rev. Stat. § 71-7442 — NE Code / Chapter 71 / Section 71-7442
View Statute 71-7442
Status: in_force

Repackage means repackaging or otherwise changing the container, wrapper, or labeling of a prescription drug to facilitate the wholesale distribution of such drug.

Laws 2006, LB 994, § 16.
Neb. Rev. Stat. § 71-5303 — NE Code / Chapter 71 / Section 71-5303
View Statute 71-5303
Status: in_force

(1) No person shall operate or maintain a public water system without first obtaining a permit to operate such system from the director. No fee shall be charged for the issuance of such permit.

(2) The director shall inspect public water systems and report findings to the owner, publish a list of those systems not in compliance, and promote the training of operators. The director may deny or revoke a permit, issue administrative orders scheduling action to be taken, take emergency action as provided in section 71-5304.01 , and seek a temporary or permanent injunction or such other legal process as is deemed necessary to obtain compliance with the Nebraska Safe Drinking Water Act.

(3) A permit may be denied or revoked for noncompliance with the act, the rules and regulations adopted and promulgated under the act, or the terms of a variance or exemption issued pursuant to section 71-5310 .

(4) Any person shall be granted, upon request, an opportunity for a hearing before the department under the Administrative Procedure Act prior to the denial or revocation of a permit. The denial or revocation may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.

Laws 1976, LB 821, § 3;

Laws 1988, LB 383, § 4;

Laws 1988, LB 352, § 139;

Laws 1996, LB 1044, § 713;

Laws 2000, LB 1115, § 77;

Laws 2001, LB 667, § 31;

Laws 2003, LB 31, § 4;

Laws 2007, LB296, § 610;

Laws 2007, LB463, § 1224.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 71-4819 — NE Code / Chapter 71 / Section 71-4819
View Statute 71-4819
Status: in_force

(1) The Department of Health and Human Services shall educate residents of the state about:

(a) The need for bone marrow donors;

(b) Patient populations benefiting from bone marrow donations;

(c) How to acquire a free buccal swab kit from a bone marrow registry;

(d) The procedures required to become registered as a potential bone marrow donor, including the procedures for determining tissue type; and

(e) The medical procedures a donor must undergo to donate bone marrow and the attendant risks of the procedures.

(2) The department shall provide information and educational materials to the public regarding bone marrow donation. The department shall seek assistance from the national marrow donor program to establish a system to distribute materials, ensure that the materials are updated periodically, and fully disclose the risks involved in donating bone marrow. The department shall make special efforts to educate and recruit persons of racial and ethnic minorities to volunteer as potential bone marrow donors.

(3) The department may use the press, radio, and television and may place educational materials in appropriate health care facilities, blood banks, and state and local agencies. The department, in conjunction with the Director of Motor Vehicles, shall make educational materials available at all places where motor vehicle operators' licenses are issued or renewed.

Laws 1992, LB 1099, § 1;

Laws 1996, LB 1044, § 685;

Laws 2007, LB296, § 601;

Laws 2020, LB541, § 1.
Neb. Rev. Stat. § 71-6319.35 — NE Code / Chapter 71 / Section 71-6319.35
View Statute 71-6319.35
Status: in_force

Residential dwelling means a detached single-family dwelling unit, including attached structures such as porches and stoops, or a single-family dwelling unit in a structure that contains more than one separate residential dwelling unit which is used or occupied or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.

Laws 1999, LB 863, § 37.
Neb. Rev. Stat. § 71-4743 — NE Code / Chapter 71 / Section 71-4743
View Statute 71-4743
Status: in_force

The Department of Health and Human Services and the State Department of Education shall establish guidelines for when a referral shall be made for early intervention services under the Early Intervention Act. The guidelines shall include a request for an individual evaluation of a child suspected of being deaf or hard of hearing as defined in section 79-1118.01 .

Laws 2000, LB 950, § 10;

Laws 2005, LB 301, § 50;

Laws 2007, LB296, § 597.

Early Intervention Act, see section 43-2501 .
Neb. Rev. Stat. § 71-8901 — NE Code / Chapter 71 / Section 71-8901
View Statute 71-8901
Status: in_force

Sections 71-8901 to 71-8929 shall be known and may be cited as the Veterinary Drug Distribution Licensing Act.

Laws 2008, LB1022, § 1;

Laws 2021, LB252, § 1.