Neb. Rev. Stat. § 71-7202 — NE Code / Chapter 71 / Section 71-7202
View Statute 71-7202
Status: in_force

Only an individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.

Laws 1992, LB 906, § 2.

The Uniform Determination of Death Act does not establish a rule of evidence requiring that in all cases involving an alleged decedent, the fact of death must be medically established. State v. Edwards, 278 Neb. 55, 767 N.W.2d 784 (2009).

The Uniform Determination of Death Act does not establish a rule of evidence requiring that in all cases involving an alleged decedent, the fact of death must be medically established. State v. Edwards, 278 Neb. 55, 767 N.W.2d 784 (2009).

The presence of an independent heartbeat and the existence of some brain stem activity means that an infant is alive for purposes of this section. In re Interest of Tabatha R., 252 Neb. 687, 564 N.W.2d 598 (1997).

The presence of an independent heartbeat and the existence of some brain stem activity means that an infant is alive for purposes of this section. In re Interest of Tabatha R., 252 Neb. 687, 564 N.W.2d 598 (1997).
Neb. Rev. Stat. § 71-5305.02 — NE Code / Chapter 71 / Section 71-5305.02
View Statute 71-5305.02
Status: in_force

The department shall develop a capacity development strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity pursuant to section 71-5305.01 . The department shall consider and solicit public comment on:

(1) The methods or criteria the department will use to identify and prioritize the public water systems most in need of improving technical, managerial, and financial capacity;

(2) A description of the institutional, regulatory, financial, tax, or legal factors at the federal, state, or local level that encourage or impair capacity development;

(3) A description of how the department will:

(a) Assist public water systems in complying with the Nebraska Safe Drinking Water Act;

(b) Encourage the development of partnerships between public water systems to enhance the technical, managerial, and financial capacity of the systems; and

(c) Assist public water systems in the training and licensure of operators; and

(4) A description of how the department will establish a baseline and measure improvements in capacity with respect to the act.

Laws 1997, LB 517, § 21;

Laws 2001, LB 667, § 36;

Laws 2007, LB296, § 614;

Laws 2007, LB463, § 1225.
Neb. Rev. Stat. § 71-6319.07 — NE Code / Chapter 71 / Section 71-6319.07
View Statute 71-6319.07
Status: in_force

Licensed project designer means an individual who has been trained by an accredited training program and licensed by the department to prepare abatement project designs, occupant protection plans, and abatement reports.

Laws 1999, LB 863, § 9;

Laws 2007, LB463, § 1267.
Neb. Rev. Stat. § 71-6329 — NE Code / Chapter 71 / Section 71-6329
View Statute 71-6329
Status: in_force

(1) A firm which engages in an abatement project without a valid license as provided in the Residential Lead-Based Paint Professions Practice Act shall be assessed a civil penalty of not less than five thousand dollars nor more than twenty-five thousand dollars for the first offense and not less than twenty-five thousand dollars nor more than one hundred thousand dollars for a second or subsequent offense. Each day a violation continues shall constitute a separate offense.

(2) An individual who engages in a lead-based paint profession without a valid license shall be assessed a civil penalty of not less than five hundred dollars nor more than five thousand dollars for the first offense and not less than one thousand dollars nor more than fifteen thousand dollars for the second or subsequent offense. Each day a violation continues shall constitute a separate offense.

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

(4) Any firm conducting an accredited training program which knowingly engages in issuing fraudulent licenses or fails to conduct its training program in accordance with its accreditation shall, in addition to having its accreditation revoked, pay a civil penalty of not less than five thousand dollars nor more than twenty-five thousand dollars.

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

(6) An individual or firm which has been assessed a civil penalty under this section and subsequently engages in an abatement project or a lead-based paint profession without a valid license or using employees who do not hold licenses, conducts training programs without being accredited by the department, or issues fraudulent licenses, except as otherwise provided in the act:

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

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

Laws 1994, LB 1210, § 177;

Laws 1999, LB 863, § 50;

Laws 2007, LB463, § 1281.
Neb. Rev. Stat. § 71-4835 — NE Code / Chapter 71 / Section 71-4835
View Statute 71-4835
Status: in_force

(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:

(1) A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and

(2) If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.

(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subdivision (a)(1) of this section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.

(c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.

Laws 2010, LB1036, § 12.
Neb. Rev. Stat. § 71-7430 — NE Code / Chapter 71 / Section 71-7430
71-7430
Status: in_force

Blood component means that part of blood separated by physical or mechanical means.

Laws 1992, LB 1019, § 4;

R.S.1943, (2003), § 71-7404;

Laws 2006, LB 994, § 4.
Neb. Rev. Stat. § 71-9601 — NE Code / Chapter 71 / Section 71-9601
View Statute 71-9601
Status: in_force

Sections 71-9601 to 71-9611 shall be known and may be cited as the Investigational Drug Use Act.

Laws 2018, LB117, § 1.
Neb. Rev. Stat. § 71-5803.10 — NE Code / Chapter 71 / Section 71-5803.10
View Statute 71-5803.10
Status: in_force

Long-term care bed means a bed in a health care facility that is or will be licensed under the Health Care Facility Licensure Act as a skilled nursing facility, intermediate care facility, nursing facility, or long-term care hospital. Long-term care beds do not include residential care beds, domiciliary beds, or swing beds. For purposes of this section, swing beds means beds which may be used by a hospital for acute or long-term care in a facility located in an area which is not designated as urban by the United States Bureau of the Census and which has up to one hundred beds, excluding beds for newborns and intensive-care-type inpatient units.

Laws 1997, LB 798, § 14;

Laws 2000, LB 819, § 117.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 71-8805 — NE Code / Chapter 71 / Section 71-8805
View Statute 71-8805
Status: in_force

(1) The Stem Cell Research Program is created.

(2) Any money appropriated by the Legislature for the Stem Cell Research Program shall be used to provide a dollar-for-dollar match, up to five hundred thousand dollars per fiscal year, of funds received by institutions or researchers from sources other than funds provided by the State of Nebraska for nonembryonic stem cell research. Such matching funds shall be awarded through the grant process established pursuant to section 71-8804 . No single institution or researcher shall receive more than seventy percent of the funds available for distribution under this section on an annual basis.

(3) Up to three percent of any annual appropriation for the Stem Cell Research Program shall be available to the Division of Public Health of the Department of Health and Human Services for administrative costs, including stipends and reimbursements pursuant to section 71-8803 .

(4) The State Treasurer shall transfer, on July 1, 2016, the unobligated balance in the Stem Cell Research Cash Fund to the Nebraska Health Care Cash Fund.

Laws 2008, LB606, § 5;

Laws 2009, LB316, § 20;

Laws 2012, LB969, § 10;

Laws 2016, LB957, § 6.
Neb. Rev. Stat. § 71-4727 — NE Code / Chapter 71 / Section 71-4727
View Statute 71-4727
Status: in_force

The commission may employ any employees, including interpreters, it considers necessary to carry out the purposes of sections 71-4720 to 71-4732.01 .

Laws 1979, LB 101, § 8;

Laws 1995, LB 25, § 2;

Laws 1999, LB 359, § 1;

Laws 2001, LB 334, § 4;

Laws 2002, LB 22, § 15.
Neb. Rev. Stat. § 71-5206 — NE Code / Chapter 71 / Section 71-5206
View Statute 71-5206
Status: in_force

If the College of Medicine of the University of Nebraska is unable to train the number of family practice residents provided for in section 71-5204 , the college may, with the approval of the Board of Regents of the University of Nebraska, contract with other associated programs which:

(1) Comply with the essentials for residency training in family practice as specified by the American Medical Association;

(2) Are approved or eligible for approval by the Accreditation Council for Graduate Medical Education;

(3) Are affiliated with an accredited medical school; and

(4) Are not receiving funds pursuant to section 71-5206.01 .

Laws 1975, LB 571, § 6;

Laws 1993, LB 152, § 3;

Laws 1999, LB 241, § 1.
Neb. Rev. Stat. § 38-1518 — NE Code / Chapter 71 / Section 38-1518
38-1518
Status: in_force

The department shall establish and collect fees for credentialing activities under the Hearing Instrument Specialists Practice Act as provided in sections 38-151 to 38-157 .

Laws 1988, LB 1100, § 159;

Laws 1992, LB 1019, § 80;

Laws 2003, LB 242, § 127;

R.S.1943, (2003), § 71-4714.01;

Laws 2007, LB463, § 582;

Laws 2009, LB195, § 36.
Neb. Rev. Stat. § 71-6106 — NE Code / Chapter 71 / Section 71-6106
View Statute 71-6106
Status: in_force

(1) Each registered interior designer shall obtain a seal. The design of the seal shall be determined by the State Treasurer. The following information shall be on the seal: State of Nebraska; registrant's name; registrant's business city; and the words Registered Interior Designer.

(2) Whenever the seal is applied, the registrant's signature shall be across the seal. The seal and date of its placement shall be on all technical submissions and calculations whenever presented to a client or any public or governmental agency. It shall be unlawful for a registrant to affix such registrant's seal or to permit such seal to be affixed to any document after the expiration of the registration or for the purpose of aiding or abetting any other person to evade or attempt to evade the Interior Design Voluntary Registration Act.

(3) The seal and date shall be placed on all originals, copies, tracings, or other reproducible drawing and the first and last pages of specifications, reports, and studies in such a manner that the seal, signature, and date will be reproduced and be in compliance with the Interior Design Voluntary Registration Act. The application of the registrant's seal shall constitute certification that the work was done by the registrant or under the registrant's control.

(4) A registered interior designer shall not affix such registered interior designer's seal and signature to technical submissions that are subject to the Engineers and Architects Regulation Act unless the technical submissions were:

(a) Prepared entirely by the registered interior designer; or

(b) Prepared entirely under the direct supervision of the registered interior designer.

(5) A registered interior designer may affix such registered interior designer's seal to technical submissions not subject to the Engineers and Architects Regulation Act if the registered interior designer has reviewed or adapted in whole or in part such submissions and integrated them into such registered interior designer's work.

Laws 2024, LB16, § 19.

Engineers and Architects Regulation Act, see section 81-3401 .
Neb. Rev. Stat. § 71-8720 — NE Code / Chapter 71 / Section 71-8720
View Statute 71-8720
Status: in_force

A patient safety organization shall release to the public nonidentifiable aggregate trend data identifying the number and types of patient safety events that occur. A patient safety organization shall publish educational and evidence-based information from the summary reports, which shall be available to the public, that can be used by all providers to improve the care they provide.

Laws 2005, LB 361, § 20.
Neb. Rev. Stat. § 71-5836 — NE Code / Chapter 71 / Section 71-5836
View Statute 71-5836
Status: in_force

The department, after consulting with appropriate governmental agencies and affected persons, shall:

(1) Prescribe the form to be used in applying for certificates of need and for applying for renewal of such certificates. The application shall contain (a) the name and address of the sponsor, (b) the anticipated date for placing the beds in service, (c) the location, (d) the number of new beds, (e) a concise, narrative description of the project showing the type and description of proposed acute care beds, rehabilitation beds, or long-term care beds, and (f) the certification and telephone number of a responsible officer; and

(2) By rule and regulation describe and clarify the procedures to be followed in the review of an application. Such procedures shall be issued with each application form.

Laws 1979, LB 172, § 36;

Laws 1982, LB 378, § 25;

Laws 1989, LB 429, § 22;

Laws 1997, LB 798, § 27.
Neb. Rev. Stat. § 71-4738 — NE Code / Chapter 71 / Section 71-4738
View Statute 71-4738
Status: in_force

The Department of Health and Human Services shall apply for all available federal funding to implement the Infant Hearing Act.

Laws 2000, LB 950, § 5;

Laws 2005, LB 301, § 45;

Laws 2007, LB296, § 592.
Neb. Rev. Stat. § 71-4002 — NE Code / Chapter 71 / Section 71-4002
View Statute 71-4002
Status: in_force

Any individual of sound mind and eighteen years of age or more may consent to donate plasma without the permission of a parent or guardian. The consent is not subject to later disaffirmance because of minority.

Laws 2016, LB813, § 1.
Neb. Rev. Stat. § 71-7805 — NE Code / Chapter 71 / Section 71-7805
View Statute 71-7805
Status: in_force

The Primary Care Investment Council shall:

(1) Develop an appropriate definition for primary care investment;

(2) Measure the current level of primary care investment, measured as a part of overall health care spending, by public and private payors in Nebraska;

(3) Conduct a comparison of spending on primary care services and health outcomes in Nebraska with surrounding states and nationally;

(4) Develop an appropriate target level of primary care investment by public and private payors in Nebraska;

(5) Recommend strategies to achieve the target level of primary care investment through alternative payment models;

(6) Identify the public health benefits and estimated cost savings that would result from meeting the target level of primary care investment through alternative payment models; and

(7) Identify solutions to barriers for Nebraska residents from accessing primary care and for health payors and medical providers from investing in primary care.

Laws 2022, LB863, § 15.
Neb. Rev. Stat. § 71-4834 — NE Code / Chapter 71 / Section 71-4834
View Statute 71-4834
Status: in_force

(a) An anatomical gift may be made to the following persons named in the document of gift:

(1) A hospital; the State Anatomical Board; an accredited medical school, dental school, college, or university; an organ procurement organization; or any other appropriate person, for research or education;

(2) Subject to subsection (b) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part; or

(3) An eye bank or tissue bank.

(b) If an anatomical gift to an individual under subdivision (a)(2) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (g) of this section in the absence of an express, contrary indication by the person making the anatomical gift.

(c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) of this section but identifies the purpose for which an anatomical gift may be used, the following rules apply:

(1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank;

(2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank;

(3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ;

(4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization; and

(5) If the gift is any part other than an organ, an eye, or tissue, or the gift is all parts, and the gift is for the purpose of research or education, the gift passes to the State Anatomical Board.

(d) For the purpose of subsection (c) of this section, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.

(e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this section.

(f) If a document of gift specifies only a general intent to make an anatomical gift by words such as donor, organ donor, or body donor, or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this section.

(g) For purposes of subsections (b), (e), and (f) of this section the following rules apply:

(1) If the part is an eye, the gift passes to the appropriate eye bank;

(2) If the part is tissue, the gift passes to the appropriate tissue bank; and

(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subdivision (a)(2) of this section, passes to the organ procurement organization as custodian of the organ.

(i) If an anatomical gift does not pass pursuant to subsections (a) through (h) of this section or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.

subdivision (a)(2) of this section, passes to the organ procurement organization as custodian of the organ.

(i) If an anatomical gift does not pass pursuant to subsections (a) through (h) of this section or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.

(j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under section 71-4828 or 71-4833 or if the person knows that the decedent made a refusal under section 71-4830 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.

(k) Except as otherwise provided in subdivision (a)(2) of this section, nothing in the Revised Uniform Anatomical Gift Act affects the allocation of organs for transplantation or therapy.

Laws 2010, LB1036, § 11.
Neb. Rev. Stat. § 38-1514 — NE Code / Chapter 71 / Section 38-1514
38-1514
Status: in_force

(1) The examination required by section 38-1512 for licensure as a hearing instrument specialist shall be comprised of:

(a) A written or computer-based, psychometrically valid, competency examination approved by the board that tests the examinee for knowledge fundamental to the practice of ordering the use and fitting of hearing instruments;

(b) A practical examination approved by the board that requires the examinee to demonstrate competence in the practice of ordering the use and fitting of hearing instruments; and

(c) A jurisprudence examination approved by the board.

(2)(a) If an examinee fails more than one portion of the practical examination, the examinee shall retake the entire practical examination upon payment of the examination fee.

(b) If an examinee fails only one portion of the practical examination, the examinee may retake that portion of the examination without payment of a fee.

(c) If an examinee fails the jurisprudence examination or competency examination, the examinee shall retake the entire examination upon payment of the examination fee.

(d) If an examinee fails either the practical or competency component of the examination and fails two subsequent reexaminations, the examinee shall be disqualified from retaking the examination a fourth time until the examinee meets with the board, presents an acceptable written training plan to the board for passing the components of the examination, and successfully completes that plan.

(3) The qualifying examination provided in section 38-1512 shall be designed to demonstrate the applicant's adequate technical qualifications by:

(a) Tests of knowledge in the following areas as they pertain to the practice of ordering the use and fitting of hearing instruments:

(i) Basic physics of sound;

(ii) The anatomy and physiology of the ear; and

(iii) The function of hearing instruments; and

(b) Practical tests of proficiency in the following techniques as they pertain to the fitting of hearing instruments:

(i) Pure tone audiometry, including air conduction testing and bone conduction testing;

(ii) Live voice or recorded voice speech audiometry;

(iii) Masking when indicated;

(iv) Recording and evaluation of audiograms and speech audiometry to determine proper selection and adaptation of a hearing instrument; and

(v) Taking earmold impressions.

Laws 1969, c. 767, § 9, p. 2908;

Laws 1986, LB 701, § 8;

R.S.1943, (2003), § 71-4709;

Laws 2007, LB463, § 578;

Laws 2009, LB195, § 32;

Laws 2025, LB332, § 22.
Neb. Rev. Stat. § 71-7460.04 — NE Code / Chapter 71 / Section 71-7460.04
View Statute 71-7460.04
Status: in_force

The clerk of any county or district court in this state shall report to the department the conviction of any person licensed by the department under the Wholesale Drug Distributor Licensing Act of any felony or of any misdemeanor involving the use, sale, distribution, administration, or dispensing of a controlled substance, alcohol or chemical impairment, or substance abuse and shall also report a judgment against any such licensee arising out of a claim of professional liability. The Attorney General or city or county prosecutor prosecuting any such criminal action and plaintiff in any such civil action shall provide the court with information concerning the license of the defendant or party. Notice to the department shall be filed within thirty days after the date of conviction or judgment in a manner agreed to by the Director of Public Health of the Division of Public Health and the State Court Administrator.

Laws 2007, LB463, § 1300.
Neb. Rev. Stat. § 71-6311 — NE Code / Chapter 71 / Section 71-6311
View Statute 71-6311
Status: in_force

No state agency, county, city, village, school district, or other political subdivision shall accept a bid in connection with any asbestos project which is two hundred sixty or more linear feet or one hundred sixty or more square feet and linear feet in any combination from a business entity which does not hold a license from the department at the time the bid is submitted.

Laws 1986, LB 1051, § 11;

Laws 1995, LB 406, § 77.
Neb. Rev. Stat. § 71-8303 — NE Code / Chapter 71 / Section 71-8303
View Statute 71-8303
Status: in_force

Credentialing means the totality of the licensure processes associated with obtaining a license or changing aspects of an existing license.

Laws 1998, LB 1073, § 109.
Neb. Rev. Stat. § 71-9506 — NE Code / Chapter 71 / Section 71-9506
View Statute 71-9506
Status: in_force

(1) A direct provider shall not refuse to accept a new direct patient or discontinue care to an existing direct patient solely because of the patient’s health status.

(2) A direct provider shall provide at least sixty days’ advance notice to an existing direct patient of any change to the direct service charge applicable to the patient.

(3) A direct provider shall not pay for health care services covered by an agreement rendered to patients by direct providers other than the direct providers in the same direct primary care practice or their employees.

Laws 2016, LB817, § 6.
Neb. Rev. Stat. § 71-5721 — NE Code / Chapter 71 / Section 71-5721
View Statute 71-5721
Status: in_force

Employer means a person, nonprofit entity, sole proprietorship, partnership, joint venture, corporation, limited partnership, limited liability company, cooperative, firm, trust, association, organization, or other business entity, including retail establishments where goods or services are sold, who or which employs one or more employees.

Laws 2008, LB395, § 6.
Neb. Rev. Stat. § 71-5318 — NE Code / Chapter 71 / Section 71-5318
View Statute 71-5318
Status: in_force

(1) The Drinking Water Facilities Loan Fund is created. The fund shall be held as a trust fund for the purposes and uses described in the Drinking Water State Revolving Fund Act.

The fund shall consist of federal capitalization grants, state matching appropriations, proceeds of state match bond issues credited to the fund, repayments of principal and interest on loans, transfers made pursuant to section 71-5327 , and other money designated for the fund. The director may make loans from the fund pursuant to the Drinking Water State Revolving Fund Act and may conduct activities related to financial administration of the fund, administration or provision of technical assistance through public water system source water assessment programs, and implementation of a source water petition program under the Safe Drinking Water Act. The state investment officer shall invest any money in the fund available for investment pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act, except that any bond proceeds in the fund shall be invested in accordance with the terms of the documents under which the bonds are issued. The state investment officer may direct that the bond proceeds shall be deposited with the bond trustee for investment. Investment earnings shall be credited to the fund.

The department may create or direct the creation of accounts within the fund as the department determines to be appropriate and useful in administering the fund and in providing for the security, investment, and repayment of bonds.

The fund and the assets thereof may be used, to the extent permitted by the Safe Drinking Water Act and the regulations adopted and promulgated pursuant to such act, to (a) pay or to secure the payment of bonds and the interest thereon, except that amounts deposited into the fund from state appropriations and the earnings on such appropriations may not be used to pay or to secure the payment of bonds or the interest thereon, and (b) buy or refinance the debt obligation of any municipality for a public water supply system if the debt was incurred and construction began after July 1, 1993.

The director may transfer any money in the Drinking Water Facilities Loan Fund to the Wastewater Treatment Facilities Construction Loan Fund to meet the purposes of section 71-5327 . The director shall identify any such transfer in the intended use plan presented to the council for annual review and adoption pursuant to section 71-5321 .

(2) The Land Acquisition and Source Water Loan Fund is created. The fund shall be held as a trust for the purposes and uses described in the Drinking Water State Revolving Fund Act.

The fund shall consist of federal capitalization grants, state matching appropriations, proceeds of state match bond issues credited to the fund, repayments of principal and interest on loans, and other money designated for the fund. The director may make loans from the fund pursuant to the Drinking Water State Revolving Fund Act and may conduct activities other than the making of loans permitted under section 1452(k) of the Safe Drinking Water Act. The state investment officer shall invest any money in the fund available for investment pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act, except that any bond proceeds in the fund shall be invested in accordance with the terms of the documents under which the bonds are issued. The state investment officer may direct that the bond proceeds shall be deposited with the bond trustee for investment. Investment earnings shall be credited to the fund.

The department may create or direct the creation of accounts within the fund as the department determines to be appropriate and useful in administering the fund and in providing for security, investment, and repayment of bonds.

The state investment officer may direct that the bond proceeds shall be deposited with the bond trustee for investment. Investment earnings shall be credited to the fund.

The department may create or direct the creation of accounts within the fund as the department determines to be appropriate and useful in administering the fund and in providing for security, investment, and repayment of bonds.

The fund and assets thereof may be used, to the extent permitted by the Safe Drinking Water Act and the regulations adopted and promulgated pursuant to such act, to pay or secure the payment of bonds and the interest thereon, except that amounts credited to the fund from state appropriations and the earnings on such appropriations may not be used to pay or to secure the payment of bonds or the interest thereon.

The director may transfer any money in the Land Acquisition and Source Water Loan Fund to the Drinking Water Facilities Loan Fund.

(3) There is hereby created the Drinking Water Administration Fund. Any funds available for administering loans or fees collected pursuant to the Drinking Water State Revolving Fund Act shall be remitted to the State Treasurer for credit to such fund. The fund shall be administered by the department for the purposes of the act. The state investment officer shall invest any money in the fund available for investment pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Investment earnings shall be credited to the fund.

The fund and assets thereof may be used, to the extent permitted by the Safe Drinking Water Act and the regulations adopted and promulgated pursuant to such act, to fund subdivisions (9), (11), and (12) of section 71-5322 . The annual obligation of the state pursuant to subdivisions (9) and (12) of section 71-5322 shall not exceed sixty-five percent of the revenue from administrative fees collected pursuant to section 71-5321 in the prior fiscal year.

The director may transfer any money in the Drinking Water Administration Fund to the Drinking Water Facilities Loan Fund to meet the state matching appropriation requirements of any applicable federal capitalization grants or to meet the purposes of subdivision (9) of section 71-5322 .

Laws 1997, LB 517, § 7;

Laws 2001, LB 667, § 46;

Laws 2007, LB80, § 1;

Laws 2007, LB296, § 620;

Laws 2019, LB307, § 2;

Laws 2022, LB809, § 2;

Laws 2024, LB880, § 1.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-5846 — NE Code / Chapter 71 / Section 71-5846
View Statute 71-5846
Status: in_force

The department shall make a decision in writing to (1) approve the application and issue a certificate of need, (2) disapprove the application and deny a certificate of need, or (3) if the application is for more long-term care beds than allowed under section 71-5829.04 , approve the application but issue a certificate of need only for the reduced number of beds that section 71-5829.04 allows. The department shall make its decision within sixty days after the date the application was received.

Laws 1979, LB 172, § 46;

Laws 1982, LB 378, § 37;

Laws 1989, LB 429, § 27;

Laws 1996, LB 1155, § 65;

Laws 1997, LB 798, § 29.
Neb. Rev. Stat. § 71-6310 — NE Code / Chapter 71 / Section 71-6310
View Statute 71-6310
Status: in_force

(1) An individual shall not be eligible to work on an asbestos project unless the individual holds the appropriate class of license issued by the department. Application for a license shall be made as provided in the Uniform Credentialing Act. An individual shall be credentialed in the same manner as an individual under subsection (1) of section 38-121 and shall be subject to the disciplinary provisions of the act as provided in section 71-6314 .

(2) The department shall issue the following classes of licenses: Worker; supervisor; inspector; management planner; project monitor; and project designer. To qualify for a license of a particular class, an individual shall have (a) successfully completed a training course approved or administered by the department, (b) been examined by a physician within the preceding year and declared by the physician to be physically capable of working while wearing a respirator, and (c) passed an examination approved or administered by the department with at least the minimum score prescribed by the department. An individual holding such a certificate on December 1, 2008, shall be deemed to be holding a license under the Uniform Credentialing Act and the Asbestos Control Act on such date. The certificate holder may continue to practice under such certificate as a license in accordance with such acts until the certificate would have expired under its terms.

(3) As an alternative to the qualifications in subdivision (2)(a) of this section, an individual shall have completed a fully accredited United States Environmental Protection Agency Asbestos Hazard Emergency Response Act of 1986 training program or the individual shall be currently accredited by a United States Environmental Protection Agency fully accredited state asbestos model accreditation plan adopted pursuant to 40 C.F.R. 763. In addition to the alternative qualifications, the individual shall successfully complete a four-hour course approved by the department on Nebraska law, rules, and regulations and shall pass an examination thereon which shall be approved and may be administered by the department.

(4) The department may issue a limited license to a project designer or management planner who does not intend to enter any management plan, project design, or asbestos project worksite. An applicant for a limited license under this subsection shall not be required to comply with the requirements of subdivision (2)(b) of this section. A holder of a limited license shall not enter any management plan, project design, or asbestos project worksite. The limitation shall be endorsed upon the license. Violation of the limitation shall be grounds for disciplinary action against the license pursuant to section 71-6314 . An individual holding a limited certificate on December 1, 2008, shall be deemed to be holding a limited license under the Uniform Credentialing Act and the Asbestos Control Act on such date. The certificate holder may continue to practice under such limited certificate as a limited license in accordance with such acts until the limited certificate would have expired under its terms.

(5) The department shall approve instructors of training courses. To qualify for approval, an individual shall have (a) graduated from high school or obtained a general educational development certificate or equivalent document as determined by the department, (b) successfully completed an approved four-hour course on Nebraska law, rules, and regulations, and (c) at least one year of actual work experience in the asbestos industry.

Laws 1986, LB 1051, § 10;

Laws 1988, LB 352, § 144;

Laws 1988, LB 1073, § 9;

Laws 1995, LB 406, § 75;

Laws 1997, LB 752, § 195;

Laws 2007, LB463, § 1250.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-4620.01 — NE Code / Chapter 71 / Section 71-4620.01
View Statute 71-4620.01
Status: repealed

All rules, regulations, and orders of the Department of Health and Human Services Regulation and Licensure or its predecessor agency adopted prior to May 1, 1998, in connection with the powers, duties, and functions transferred to the Public Service Commission under the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.

No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to May 1, 1998, or which could have been commenced prior to that date, by or against such department or agency, or the director or employee thereof in such director's or employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from such department or agency to the commission.

On and after May 1, 1998, unless otherwise specified, whenever any provision of law refers to such department or agency in connection with duties and functions transferred to the commission, the law shall be construed as referring to the commission.

Any costs incurred by the department and associated with the transfer of powers, duties, and functions to the commission under the code shall be borne by the commission.

Laws 1998, LB 1073, § 145.
Neb. Rev. Stat. § 71-6319.05 — NE Code / Chapter 71 / Section 71-6319.05
View Statute 71-6319.05
Status: in_force

Licensed firm means a firm to which the department has issued a license.

Laws 1999, LB 863, § 7;

Laws 2007, LB463, § 1265.
Neb. Rev. Stat. § 71-6724 — NE Code / Chapter 71 / Section 71-6724
View Statute 71-6724
Status: in_force

A medication aide, a facility using a medication aide, a child care facility using the services of a person licensed to operate a child care facility or a staff member of a child care facility, or a school using the services of a staff member of the school shall keep and maintain accurate medication administration records. The medication administration records shall be available to the Department of Health and Human Services and the State Department of Education for inspection and copying. The medication administration records shall include information and data the departments require by rules and regulations adopted under the Medication Aide Act.

Laws 1998, LB 1354, § 14;

Laws 2007, LB296, § 664.
Neb. Rev. Stat. § 71-6310.02 — NE Code / Chapter 71 / Section 71-6310.02
View Statute 71-6310.02
Status: in_force

(1) Any individual licensed in any of the asbestos occupations prescribed in section 71-6310 , as a condition for license renewal, shall complete continuing competency activities as required by the department and shall be examined and approved by a physician as prescribed for initial applicants in section 71-6310 . The licensee shall submit evidence as required by the department of satisfaction of the requirements of this section.

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

Laws 1988, LB 1073, § 13;

Laws 2002, LB 1021, § 100;

Laws 2007, LB463, § 1252.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-7302 — NE Code / Chapter 71 / Section 71-7302
View Statute 71-7302
Status: in_force

The Legislature finds that:

(1) The state has a compelling government interest in protecting the health and safety of its citizens, especially vulnerable children;

(2) Genital and nongenital gender-altering surgeries are generally not recommended for children, although evidence indicates referral for children to have such surgeries are becoming more frequent; and

(3) Genital and nongenital gender-altering surgery includes several irreversible and invasive procedures for biological males and biological females and involves the alteration of biologically healthy and functional body parts.

Laws 2023, LB574, § 15.
Neb. Rev. Stat. § 71-8915 — NE Code / Chapter 71 / Section 71-8915
View Statute 71-8915
Status: in_force

To enable the establishment of distribution of veterinary legend drugs in this state, the department may issue a provisional license on or before July 1, 2009, to any applicant who meets the following conditions:

(1) The applicant has not been found to have committed any of the acts or offenses described in section 71-8917 ;

(2) The applicant has established written policies and procedures as required by section 71-8914 ; and

(3) The applicant has paid a fee of five hundred dollars.

Laws 2008, LB1022, § 15.
Neb. Rev. Stat. § 71-5848.01 — NE Code / Chapter 71 / Section 71-5848.01
View Statute 71-5848.01
Status: in_force

A new or modified certificate of need shall be valid for a period of one year from the date of issuance and may be renewed at the expiration of such period for up to one year if the holder of the certificate establishes that the holder is meeting the timetable or making a good faith effort to meet it. The department shall give written notice to an applicant for a renewal certificate of its decision within thirty days after receipt of an application. Such decision shall be considered a final decision of the department for purposes of appeal. If the decision is not appealed, it shall be final as of the date issued.

Laws 1979, LB 172, § 67;

Laws 1982, LB 378, § 53;

R.S.1943, (1986), § 71-5867;

Laws 1989, LB 429, § 29;

Laws 1997, LB 798, § 31.
Neb. Rev. Stat. § 71-7453 — NE Code / Chapter 71 / Section 71-7453
71-7453
Status: in_force

(1) Each wholesale drug distributor doing business in this state shall be inspected by the department or a nationally recognized accreditation program that is approved by the board and that is acting on behalf of the department prior to the issuance of an initial or renewal license by the department under section 71-7448 .

(2) The department or such nationally recognized accreditation program may provide for the inspection of any wholesale drug distributor licensed to engage in wholesale drug distribution in this state in such manner and at such times as provided in rules and regulations adopted and promulgated by the department. As part of any such inspection, the department may require an analysis of suspected prescription drugs to determine authenticity.

(3) The department may accept an inspection accepted in another state in lieu of an inspection by the department or a nationally recognized accreditation program under this section.

(4) The department or such nationally recognized accreditation program may charge and collect fees for inspection activities conducted under this section.

(5) In addition to or in lieu of the authority to inspect for purposes of licensure and renewal, the department may adopt and promulgate rules and regulations which permit the use of alternative methods for assessing the compliance by a wholesale drug distributor with the Wholesale Drug Distributor Licensing Act and the rules and regulations adopted and promulgated under the act.

Laws 1992, LB 1019, § 24;

R.S.1943, (2003), § 71-7424;

Laws 2006, LB 994, § 27.
Neb. Rev. Stat. § 38-1517 — NE Code / Chapter 71 / Section 38-1517
38-1517
Status: in_force

In addition to the grounds for disciplinary action found in sections 38-178 and 38-179 , a credential issued under the Hearing Instrument Specialists Practice Act may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or credential holder is found guilty of any of the following acts or offenses:

(1) Fitting and selling a hearing instrument to a child under the age of sixteen who has not been examined and cleared for hearing instrument use within a six-month period by an otolaryngologist without a signed waiver by the legal guardian. This subdivision shall not apply to the replacement with an identical model of any hearing instrument within one year of its purchase;

(2) Any other condition or acts which violate the Trade Practice Rules for the Hearing Aid Industry of the Federal Trade Commission or the Food and Drug Administration; or

(3) Violation of any provision of the Hearing Instrument Specialists Practice Act.

Laws 1969, c. 767, § 12, p. 2909;

Laws 1986, LB 701, § 10;

Laws 1988, LB 1100, § 157;

Laws 1991, LB 456, § 37;

Laws 1994, LB 1223, § 51;

R.S.1943, (2003), § 71-4712;

Laws 2007, LB463, § 581;

Laws 2009, LB195, § 35.
Neb. Rev. Stat. § 38-1233 — NE Code / Chapter 71 / Section 38-1233
38-1233
Status: in_force

No emergency care provider shall be subject to civil liability based solely upon failure to obtain consent in rendering emergency medical, surgical, hospital, or health services to any individual regardless of age when the patient is unable to give his or her consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care.

Laws 1997, LB 138, § 24;

R.S.1943, (2003), § 71-5195;

Laws 2007, LB463, § 517;

Laws 2020, LB1002, § 38.
Neb. Rev. Stat. § 71-4842 — NE Code / Chapter 71 / Section 71-4842
View Statute 71-4842
Status: in_force

(a) A document of gift is valid if executed in accordance with:

(1) The Revised Uniform Anatomical Gift Act;

(2) The laws of the state or country where it was executed; or

(3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.

(b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.

(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

(d) The age restrictions of the Revised Uniform Anatomical Gift Act do not nullify any designation of gift made on a driver's license or state identification card prior to January 1, 2011, by a person younger than sixteen years of age which was valid when made. Such person shall be considered a donor under the act, and if such a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.

Laws 2010, LB1036, § 19.
Neb. Rev. Stat. § 71-6216 — NE Code / Chapter 71 / Section 71-6216
View Statute 71-6216
Status: in_force

Public member shall mean an individual who is not, and never was, a member of the health profession being regulated, the spouse of a member, or an individual who does not have and never has had a material financial interest in the health profession being regulated or an activity directly related to the health profession being regulated.

Laws 1985, LB 407, § 16;

Laws 2012, LB834, § 13.
Neb. Rev. Stat. § 38-1201 — NE Code / Chapter 71 / Section 38-1201
38-1201
Status: in_force

Sections 38-1201 to 38-1239 shall be known and may be cited as the Emergency Medical Services Practice Act.

Laws 1997, LB 138, § 1;

Laws 2003, LB 242, § 128;

R.S.1943, (2003), § 71-5172;

Laws 2007, LB463, § 485;

Laws 2018, LB1034, § 8;

Laws 2020, LB1002, § 11;

Laws 2024, LB910, § 1;

Laws 2024, LB1355, § 1.
Neb. Rev. Stat. § 71-4839 — NE Code / Chapter 71 / Section 71-4839
View Statute 71-4839
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, a person that for valuable consideration, knowingly purchases or sells a part for transplantation, therapy, research, or education if removal of a part from an individual is intended to occur after the individual's death commits a Class IIIA felony.

(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.

Laws 2010, LB1036, § 16.
Neb. Rev. Stat. § 71-6013 — NE Code / Chapter 71 / Section 71-6013
View Statute 71-6013
Status: in_force

Resident shall mean any person domiciled, residing, or receiving care and treatment, for a period in excess of twenty-four hours, in a nursing home.

Laws 1983, LB 235, § 6.
Neb. Rev. Stat. § 71-8509 — NE Code / Chapter 71 / Section 71-8509
View Statute 71-8509
Status: in_force

(1) The Department of Health and Human Services shall adopt and promulgate rules and regulations providing for telehealth services for children's behavioral health. Such rules and regulations relate specifically to children's behavioral health and are in addition to the Nebraska Telehealth Act.

For purposes of sections 71-8509 to 71-8512 , child means a person under nineteen years of age.

(2) The rules and regulations required pursuant to subsection (1) of this section shall include, but not be limited to:

(a) An appropriately trained staff member or employee familiar with the child's treatment plan or familiar with the child shall be immediately available in person to the child receiving a telehealth behavioral health service in order to attend to any urgent situation or emergency that may occur during provision of such service. This requirement may be waived by the child's parent or legal guardian; and

(b) In cases in which there is a threat that the child may harm himself or herself or others, before an initial telehealth service the health care practitioner shall work with the child and his or her parent or guardian to develop a safety plan. Such plan shall document actions the child, the health care practitioner, and the parent or guardian will take in the event of an emergency or urgent situation occurring during or after the telehealth session. Such plan may include having a staff member or employee familiar with the child's treatment plan immediately available in person to the child, if such measures are deemed necessary by the team developing the safety plan.

Laws 2013, LB556, § 1;

Laws 2017, LB92, § 2.

Nebraska Telehealth Act, see section 71-8501 .
Neb. Rev. Stat. § 71-7705 — NE Code / Chapter 71 / Section 71-7705
View Statute 71-7705
Status: in_force

(1) The department shall grant or deny an application for a certificate of public advantage within ninety days after the date of filing of the application, not including days the application is deemed to be incomplete. The decision shall be in writing and set forth the basis for the decision. The department shall furnish a copy of the decision to the applicants, the Attorney General, and any intervenor.

(2) If the department grants the application, the parties shall have forty-five days after the date of receipt of the department's decision to submit an executed written copy of the cooperative agreement which shall be in accordance with the terms and conditions set out in the letter of intent and the application. The department shall review the executed written copy of the cooperative agreement and, if it is in accordance with the terms and conditions set out in the letter of intent and the application, the department shall issue a certificate of public advantage for the cooperative agreement.

(3) If the applicants desire to contest the denial or the intervenors desire to contest the granting of an application, they shall, within ten days after receipt of the notice of denial or within ten days after the granting of an application, send a written request to the department for a hearing under sections 84-913 and 84-915 .

(4) A denial or granting by the department of an application or a termination of a certificate of public advantage under section 71-7707 may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.

Laws 1994, LB 1210, § 181;

Laws 1994, LB 1223, § 115.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 71-6219 — NE Code / Chapter 71 / Section 71-6219
View Statute 71-6219
Status: in_force

Regulatory entity shall mean any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.

Laws 1985, LB 407, § 19.
Neb. Rev. Stat. § 38-1509 — NE Code / Chapter 71 / Section 38-1509
38-1509
Status: in_force

(1)(a) Except as otherwise provided in this section, it shall be unlawful for any person to engage in the practice of ordering the use and fitting of hearing instruments or display a sign or in any other way advertise or represent that the person is engaged in the practice of ordering the use and fitting of hearing instruments unless such person holds a current, unsuspended, and unrevoked hearing instrument specialist license issued by the department as provided in the Hearing Instrument Specialists Practice Act.

(b) A hearing instrument specialist license shall confer upon the holder the right to select, fit, and sell hearing instruments.

(2) A licensed audiologist shall be exempt from the requirement to be licensed as a hearing instrument specialist.

(3) A hearing instrument specialist or audiologist may order the use of devices pursuant to 21 C.F.R. 801.109, as such regulation existed on January 1, 2025.

(4)(a) Nothing in the Hearing Instrument Specialists Practice Act shall prohibit a corporation, partnership, limited liability company, trust, association, or other like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing instruments at retail without a license if it employs only properly licensed natural persons in the direct sale and fitting of such products.

(b) Each such organization shall file annually with the department, on a form provided by the department, a list of the licensed hearing instrument specialists employed by the organization. The department may adopt and promulgate rules and regulations as necessary to carry out this section.

Laws 1969, c. 767, § 2, p. 2904;

Laws 1986, LB 701, § 2;

Laws 1988, LB 1100, § 149;

Laws 1992, LB 1019, § 79;

Laws 1993, LB 121, § 438;

R.S.1943, (2003), § 71-4702;

Laws 2007, LB247, § 52;

Laws 2007, LB247, § 70;

Laws 2007, LB463, § 573;

Laws 2009, LB195, § 27;

Laws 2017, LB88, § 53;

Laws 2021, LB14, § 5;

Laws 2025, LB332, § 17.

Audiology and Speech-Language Pathology Interstate Compact, see section 38-4101 .
Neb. Rev. Stat. § 71-5315 — NE Code / Chapter 71 / Section 71-5315
View Statute 71-5315
Status: in_force

The Legislature finds that safe drinking water is essential to the protection of public health. The Legislature further finds that the construction, rehabilitation, operation, and maintenance of modern and efficient public water systems and safe drinking water projects are essential to protecting and improving the quality of the state's drinking water, that protecting water quality is an issue of concern to all citizens of the state, and that adequate public water systems and safe drinking water projects are essential to public health and to economic growth and development. Systems need to have adequate technical, managerial, and financial capacities to assure that the public is protected. Needed assistance can be provided to systems through the funds created by the Drinking Water State Revolving Fund Act. The Legislature finds and determines that the funds should be available in perpetuity for providing financial assistance to such systems and for such projects.

The Legislature finds and determines that these funds will consist of both state money and federal grant funds. In addition, the funds can be increased and additional needed safe drinking water projects for owners of public water systems can be undertaken more expeditiously through the issuance of revenue bonds by the Nebraska Investment Finance Authority and the deposit of the proceeds thereof into the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund.

The Legislature finds and determines that the issuance of revenue bonds for financing the funds serves a public purpose by assisting public water systems in providing and improving safe drinking water projects and thereby providing safe drinking water to the citizens of the state, promoting the health and well-being of the citizens, and assisting in the economic growth and development of the state. The full faith and credit and the taxing power of the state are not pledged to the payment of such bonds or the interest thereon.

Laws 1997, LB 517, § 4;

Laws 2001, LB 667, § 44.
Neb. Rev. Stat. § 71-6734 — NE Code / Chapter 71 / Section 71-6734
View Statute 71-6734
Status: in_force

The department shall establish and collect fees for credentialing activities under the Medication Aide Act as provided in sections 38-151 to 38-157 .

Laws 1998, LB 1354, § 24;

Laws 2002, LB 1021, § 104;

Laws 2003, LB 242, § 147;

Laws 2007, LB463, § 1290.
Neb. Rev. Stat. § 71-4726 — NE Code / Chapter 71 / Section 71-4726
View Statute 71-4726
Status: in_force

The commission shall appoint a qualified person to serve as executive director who shall serve with the advice and consent of the commission. When appointing an executive director preference may be given to a deaf or hard of hearing person.

Laws 1979, LB 101, § 7;

Laws 1981, LB 250, § 4;

Laws 1997, LB 851, § 17.
Neb. Rev. Stat. § 71-5717 — NE Code / Chapter 71 / Section 71-5717
View Statute 71-5717
Status: in_force

The purpose of the Nebraska Clean Indoor Air Act is to protect the public health and welfare by prohibiting smoking in public places and places of employment with limited exceptions for guestrooms and suites, research, tobacco retail outlets, electronic smoking device retail outlets, and cigar shops. The limited exceptions permit smoking in public places where the public would reasonably expect to find persons smoking, including guestrooms and suites which are subject to expectations of privacy like private residences, institutions engaged in research related to smoking, and tobacco retail outlets, electronic smoking device retail outlets, and cigar shops which provide the public legal retail outlets to sample, use, and purchase tobacco products and products related to smoking. The act shall not be construed to prohibit or otherwise restrict smoking in outdoor areas. The act shall not be construed to permit smoking where it is prohibited or otherwise restricted by other applicable law, ordinance, or resolution. The act shall be liberally construed to further its purpose.

Laws 2008, LB395, § 2;

Laws 2015, LB118, § 9;

Laws 2020, LB840, § 2.
Neb. Rev. Stat. § 71-5660 — NE Code / Chapter 71 / Section 71-5660
View Statute 71-5660
Status: in_force

The Rural Health Systems and Professional Incentive Act shall be administered by the office with the advice and consultation of the commission.

Laws 1991, LB 400, § 11.
Neb. Rev. Stat. § 71-6319.37 — NE Code / Chapter 71 / Section 71-6319.37
View Statute 71-6319.37
Status: in_force

Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities unless one or more children six years of age or under resides or is expected to reside in such housing for the elderly or persons with disabilities or any zero-bedroom dwelling.

Laws 1999, LB 863, § 39.
Neb. Rev. Stat. § 71-6224 — NE Code / Chapter 71 / Section 71-6224
View Statute 71-6224
Status: in_force

(1) The director with the advice of the board shall appoint an appropriate technical committee to examine and investigate each application. The committee shall consist of six appointed members and one member of the board designated by the board who shall serve as chairperson of the committee. The chairperson of the committee shall not be a member of the applicant group, any health profession sought to be regulated by the application, or any health profession which is directly or indirectly affected by the application. The director shall ensure that the total composition of the committee is fair, impartial, and equitable. In no event shall more than one member of the same regulated health profession, the applicant group, or the health profession sought to be regulated by an application serve on a technical committee.

(2) As soon as possible after its appointment, the committee shall meet and review the application assigned to it. The committee shall serve as a factfinding body and undertake such investigation as it deems necessary to address the issues identified in the application. As part of its investigation, each committee shall consider available scientific evidence and conduct public factfinding hearings. Each committee shall comply with the Open Meetings Act.

(3) An applicant group shall have the burden of producing evidence to support its application.

(4) Each committee shall detail its findings in a report and file the report with the board and the director. Each committee shall evaluate the application presented to it on the basis of the appropriate criteria as established in sections 71-6221 to 71-6223 , shall make written findings on all criteria, and shall make a recommendation for approval or denial. Whether it recommends approval or denial of an application, the committee may make additional recommendations regarding changes to the proposal or other solutions to problems identified during the review and may comment on the anticipated benefits to the health, safety, and welfare of the public. If the committee recommends approval of an application for regulation of a health profession not currently regulated, it shall also recommend the least restrictive method of regulation to be implemented consistent with the cost-effective protection of the public and with section 71-6222 . The committee may recommend a specific method of regulation not listed in section 71-6222 if it finds that such method is the best alternative method of regulation.

Laws 1985, LB 407, § 24;

Laws 1988, LB 384, § 10;

Laws 2004, LB 821, § 20;

Laws 2012, LB834, § 19.

Open Meetings Act, see section 84-1407 .
Neb. Rev. Stat. § 71-8308 — NE Code / Chapter 71 / Section 71-8308
View Statute 71-8308
Status: in_force

Credentialing of categories of facilities not previously licensed should occur only when:

(1) Credentialing is necessary to prevent harm or endangerment to the public health, safety, or welfare and the potential for the harm or endangerment is easily recognizable and not remote or dependent upon tenuous argument;

(2) Credentialing would not significantly diminish the supply of qualified providers or would not otherwise diminish the public's access to needed services; and

(3) There is no more cost-effective means of protecting the public from harm than credentialing.

Laws 1998, LB 1073, § 114.
Neb. Rev. Stat. § 71-5803.13 — NE Code / Chapter 71 / Section 71-5803.13
View Statute 71-5803.13
Status: in_force

Rehabilitation bed means a bed in a health care facility that is or will be licensed under the Health Care Facility Licensure Act if the bed is in an inpatient facility which is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of medical and other services which are provided under professional supervision and if the bed is part of a hospital or unit of a hospital that is excluded from the prospective payment system under Title XVIII of the federal Social Security Act as a rehabilitation hospital or rehabilitation unit.

Laws 1982, LB 378, § 9;

R.S.1943, (1996), § 71-5818.01;

Laws 1997, LB 798, § 17;

Laws 2000, LB 819, § 119.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 71-4409 — NE Code / Chapter 71 / Section 71-4409
View Statute 71-4409
Status: in_force

The rabies control authority shall enforce sections 71-4401 to 71-4412 .

In the event that the health and law enforcement officials of a county, township, city, or village fail to act with sufficient promptness in enforcing sections 71-4401 to 71-4412 , the department may take all actions necessary for the proper administration and enforcement of such sections relating to vaccination and impoundment of domestic or hybrid animals. In such a case no authorized representatives of the department or any law enforcement officials enforcing such sections shall be responsible for any accident or disease of a domestic or hybrid animal resulting from the enforcement of such sections.

Laws 1969, c. 445, § 9, p. 1488;

Laws 1987, LB 104, § 9;

Laws 2007, LB25, § 11.
Neb. Rev. Stat. § 71-5203 — NE Code / Chapter 71 / Section 71-5203
View Statute 71-5203
Status: in_force

The Legislature shall provide funding for residency programs as provided in sections 71-5201 to 71-5209 . Such funding shall be in addition to all other funding of the University of Nebraska, including current sources of funding house officer education and training. The funding for the residency programs shall not be used to supplant funds for other programs under the administration of the College of Medicine or the University of Nebraska Medical Center.

Residency program funding shall include, but not be limited to:

(1) Stipends for the residents in training;

(2) Salaries of appropriate faculty and auxiliary support personnel and operational budget items; and

(3) Initial construction costs and costs to remodel existing facilities to serve as model ambulatory practice units within a residency program.

Laws 1975, LB 571, § 3;

Laws 1993, LB 152, § 2.
Neb. Rev. Stat. § 71-7105 — NE Code / Chapter 71 / Section 71-7105
View Statute 71-7105
Status: in_force

There is hereby created the Critical Incident Stress Management Council. The council shall be composed of two representatives of the Department of Health and Human Services, the State Fire Marshal, the Superintendent of Law Enforcement and Public Safety, and the Adjutant General as director of the Nebraska Emergency Management Agency. The council shall specify the organizational and operational goals for the program and shall provide overall policy direction for the program.

Laws 1991, LB 703, § 5;

Laws 1996, LB 1044, § 773;

Laws 1997, LB 184, § 5;

Laws 2007, LB296, § 669.
Neb. Rev. Stat. § 71-6915 — NE Code / Chapter 71 / Section 71-6915
View Statute 71-6915
Status: in_force

(1) Except as provided in subsection (3) of this section, a physician, before performing or inducing an abortion, shall first:

(a) Determine, using standard medical practice, the gestational age of the preborn child; and

(b) Record in the pregnant woman's medical record:

(i) The method used to determine the gestational age of the preborn child; and

(ii) The date, time, and results of such determination.

(2) Except as provided in subsection (3) of this section, it shall be unlawful for any physician to perform or induce an abortion:

(a) Before fulfilling the requirements of subsection (1) of this section; or

(b) If the probable gestational age of the preborn child has been determined to be twelve or more weeks.

(3) It shall not be a violation of subsection (1) or (2) of this section for a physician to perform or induce an abortion in the case of:

(a) Medical emergency;

(b) Pregnancy resulting from sexual assault as defined in section 28-319 or 28-319.01 ; or

(c) Pregnancy resulting from incest as defined in section 28-703 .

Laws 2023, LB574, § 4.
Neb. Rev. Stat. § 71-8003 — NE Code / Chapter 71 / Section 71-8003
View Statute 71-8003
Status: in_force

For purposes of the Certified Industrial Hygienist Title Protection Act, industrial hygiene means the science and practice devoted to the anticipation, recognition, evaluation, and specification of controls of environmental factors, stressors, physical hazards, and chemical exposures associated with work and work operations that may cause sickness, impaired health and well-being, or significant discomfort among workers and the general community.

Laws 1997, LB 558, § 3.
Neb. Rev. Stat. § 71-7306 — NE Code / Chapter 71 / Section 71-7306
View Statute 71-7306
Status: in_force

State funds shall not be directly or indirectly used, granted, paid, or distributed to any entity, organization, or individual for providing gender-altering procedures to an individual younger than nineteen years of age in violation of the Let Them Grow Act and the rules and regulations adopted and promulgated pursuant to the act.

Laws 2023, LB574, § 19.
Neb. Rev. Stat. § 71-6037 — NE Code / Chapter 71 / Section 71-6037
View Statute 71-6037
Status: in_force

Sections 71-6008 to 71-6037 shall be known and may be cited as the Nebraska Nursing Home Act.

Laws 1983, LB 235, § 30;

Laws 1986, LB 782, § 6;

Laws 2000, LB 819, § 128.
Neb. Rev. Stat. § 71-6913 — NE Code / Chapter 71 / Section 71-6913
View Statute 71-6913
Status: in_force

The Preborn Child Protection Act only applies to intrauterine pregnancies.

Laws 2023, LB574, § 2.
Neb. Rev. Stat. § 71-8910 — NE Code / Chapter 71 / Section 71-8910
View Statute 71-8910
Status: in_force

Veterinary drug order means a lawful order or prescription of a veterinarian licensed to practice in this state issued pursuant to a bona fide veterinarian-client-patient relationship. For purposes of the Veterinary Drug Distribution Licensing Act, a veterinary drug order expires and becomes void one hundred eighty days after the date of issue.

Laws 2008, LB1022, § 10;

Laws 2009, LB463, § 13.
Neb. Rev. Stat. § 71-6719 — NE Code / Chapter 71 / Section 71-6719
View Statute 71-6719
Status: in_force

The Legislature finds that the administration of medications by persons other than oneself or one's caretaker should be a regulated act and there is a need to define a system to safely assist individuals to take medications who do not have the ability to take medications independently. The Medication Aide Act sets forth provisions of such a system.

Laws 1998, LB 1354, § 9.
Neb. Rev. Stat. § 71-6017 — NE Code / Chapter 71 / Section 71-6017
View Statute 71-6017
Status: in_force

Licensee shall mean the holder of a license.

Laws 1983, LB 235, § 10.
Neb. Rev. Stat. § 71-7622 — NE Code / Chapter 71 / Section 71-7622
View Statute 71-7622
Status: in_force

The Department of Health and Human Services shall adopt and promulgate rules and regulations to carry out the Native American Public Health Act and shall adhere to already established or adopted and promulgated rules and regulations for contracted services under the act.

Laws 1998, LB 1070, § 18;

Laws 2005, LB 301, § 62;

Laws 2007, LB296, § 685.
Neb. Rev. Stat. § 71-8603 — NE Code / Chapter 71 / Section 71-8603
View Statute 71-8603
Status: in_force

For purposes of the Commission for the Blind and Visually Impaired Act:

(1) Blind person means:

(a) A person having sight which is so defective as to seriously limit his or her ability to engage in the ordinary vocations and activities of life; or

(b) A person, to be eligible and licensed as a blind vending facility operator under section 71-8611 :

(i) Having no greater than 20/200 central visual acuity in the better eye after correction; or

(ii) Having an equally disabling loss of the visual field in which the widest diameter of the visual field subtends an angle no greater than twenty degrees;

(2) Board means the governing board of the commission;

(3) Certified vocational rehabilitation counselor for the blind means a person who is certified to practice vocational rehabilitation counseling for blind persons and holds a certificate issued by the commission;

(4) Commission means the Commission for the Blind and Visually Impaired;

(5) Committee of Blind Vendors means the committee created pursuant to 20 U.S.C. 107b-1;

(6) State workforce investment board means the board authorized by the federal Workforce Investment Act of 1998 and established in Nebraska;

(7) Vending facility means:

(a) Cafeterias, snackbars, cart services, shelters, counters, shelving, display and wall cases, refrigerating apparatus, and other appropriate auxiliary equipment necessary for the vending of articles approved by the office, agency, or person having control of the property on which the vending facility is located; and

(b) Manual or coin-operated vending machines or similar devices for vending articles approved by the office, agency, or person having control of the property on which the vending facility is located;

(8) Vending facility program means the program established and maintained pursuant to section 71-8611 ; and

(9) Vocational rehabilitation counseling for the blind means the process implemented by a person who operates a comprehensive and coordinated program designed to assist blind persons to gain 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, § 3;

Laws 2005, LB 55, § 1;

Laws 2007, LB445, § 2.
Neb. Rev. Stat. § 71-6407 — NE Code / Chapter 71 / Section 71-6407
View Statute 71-6407
Status: in_force

Nothing in the Building Construction Act shall be construed to authorize any state agency or political subdivision to regulate the construction of farm buildings or other buildings or structures when such regulation is otherwise prohibited by law. Nothing in the act shall be construed to authorize any state agency or political subdivision to have any authority either to establish or to continue in effect, with respect to any manufactured home built pursuant to the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401 to 5426, any standard regarding construction or safety which is not identical to standards promulgated by the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401 to 5426, and the regulations promulgated by the United States Department of Housing and Urban Development under the federal law when there is in effect a standard of the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401 to 5426, or the regulations applicable to the same aspect of performance of such manufactured home.

Laws 1987, LB 227, § 7;

Laws 1994, LB 511, § 7.
Neb. Rev. Stat. § 38-1511 — NE Code / Chapter 71 / Section 38-1511
38-1511
Status: in_force

(1) A licensed hearing instrument specialist shall enter into a written contract for each sale of a hearing instrument which states the terms of the sale.

(2)(a) A licensed hearing instrument specialist shall, at the time of delivery of the hearing instrument, provide the patient with a receipt containing (i) the signature, regular business address, and license number of the licensee, (ii) the brand, model, manufacturer or manufacturer identification code, and serial number of the hearing instrument, and (iii) the amount charged for the hearing instrument.

(b) The receipt shall indicate that the hearing device is classified as programmed with one of the following:

(i) Locked software - this device utilizes locked software that is available to limited providers. The purchase of this device will require the user to have the device programmed by a provider or chain store that has been granted proprietary access to the software. In addition, the availability of any part or service for this device is limited to the provider or chain store that has such proprietary access; or

(ii) Unlocked software - this device utilizes unlocked software that is readily available to any provider or location licensed to provide hearing health care.

(c) The receipt shall also specify (i) whether the hearing instrument is new, used, or rebuilt, as provided in 21 C.F.R. 801.422, as such regulation existed on January 1, 2025, (ii) the length of time and other terms of the guarantee, and (iii) by whom the hearing instrument is guaranteed.

(3) No hearing instrument may be sold to any person unless both the packaging containing the hearing instrument and the itemized receipt are in compliance with all applicable state and federal laws and regulations.

(4) Upon delivery of the hearing instrument to any person, the licensed hearing instrument specialist shall confirm the physical and operational performance of the hearing instrument. If a patient purchases a hearing instrument from a licensed hearing instrument specialist outside of the licensee's regular place of business and the regular place of business is not within a reasonable distance, as determined by the board, the licensed hearing instrument specialist shall provide the patient with the address of an affiliate location with which the licensee is associated that is within a reasonable distance, at which a licensed hearing instrument specialist or audiologist is available for fitting services.

(5) Any seller offering for sale or selling a hearing instrument in this state or to a resident of this state shall make available in this state an in-person fitting of the hearing instrument by a licensed hearing instrument specialist in this state prior to the sale.

(6) A receipt provided pursuant to this section shall bear in no smaller type than the largest used in the body copy portion the following: The purchaser has been advised at the outset of the relationship with the hearing instrument specialist that any examination or representation made by a licensed hearing instrument specialist in connection with the fitting and selling of this hearing instrument is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefor must not be regarded as medical opinion or advice.

Laws 1969, c. 767, § 3, p. 2905;

Laws 1986, LB 701, § 3;

R.S.1943, (2003), § 71-4703;

Laws 2007, LB463, § 575;

Laws 2009, LB195, § 29;

Laws 2025, LB332, § 19.
Neb. Rev. Stat. § 71-7455 — NE Code / Chapter 71 / Section 71-7455
View Statute 71-7455
Status: in_force

(1) A wholesale drug distributor engaged in the wholesale distribution of prescription drugs in this state shall establish and maintain accurate records of all transactions regarding the receipt and distribution or other disposition of prescription drugs as provided in this section.

(2) The department shall adopt and promulgate rules and regulations to require that all prescription drugs that leave the normal distribution chain be accompanied by a paper or electronic pedigree as provided in section 71-7456 . Such rules and regulations shall be adopted and promulgated no later than July 1, 2007.

(3) A wholesale drug distributor engaged in the wholesale distribution of prescription drugs as part of the Prescription Drug Donation Program Act shall not be required to maintain a paper or electronic pedigree pursuant to section 71-7456 .

(4) The department shall develop standards and requirements for electronic pedigrees in order to effectively authenticate, track, and trace prescription drugs. Prior to the development of such standards and requirements, the department shall consult with the federal Food and Drug Administration, manufacturers, wholesale drug distributors, pharmacies, and other interested parties regarding the feasibility and the ways, means, and practicality of requiring that all prescription drugs that leave the normal distribution chain be accompanied by an electronic pedigree. The standards and requirements may prescribe the information required to be included as part of the electronic pedigree. Such standards and requirements shall be developed no later than July 1, 2008. All prescription drugs that leave the normal distribution chain shall not be required to be accompanied solely by an electronic pedigree prior to such date.

(5) A retail pharmacy or chain pharmacy warehouse shall comply with the requirements of this section only if the pharmacy or chain pharmacy warehouse engages in the wholesale distribution of prescription drugs in this state.

(6) A wholesale drug distributor, other than the original manufacturer of the finished form of the prescription drug, shall verify all transactions listed on the pedigree before attempting to further distribute such drug.

(7)(a) The department may receive prescription drugs and supplies directly under the Prescription Drug Donation Program Act and dispense such prescription drugs and supplies through licensed personnel during, or in preparation for, a state of emergency declared by the Governor.

(b) The department may receive and distribute prescription drugs and supplies to any individual who is impacted as a result of a state of emergency declared by the Governor.

Laws 2006, LB 994, § 29;

Laws 2025, LB10, § 1.

Prescription Drug Donation Program Act, see section 71-2496 .
Neb. Rev. Stat. § 71-8924 — NE Code / Chapter 71 / Section 71-8924
View Statute 71-8924
Status: in_force

The department, the Attorney General, or any county attorney may institute an action in the name of the state for an injunction or other process against any person to restrain or prevent any violation of the Veterinary Drug Distribution Licensing Act or any rules and regulations adopted and promulgated under the act.

Laws 2008, LB1022, § 24.
Neb. Rev. Stat. § 71-5301 — NE Code / Chapter 71 / Section 71-5301
View Statute 71-5301
Status: in_force

For purposes of the Nebraska Safe Drinking Water Act, unless the context otherwise requires:

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

(2) Director means the Director of Water, Energy, and Environment or his or her authorized representative;

(3) Designated agent means any political subdivision or corporate entity having the demonstrated capability and authority to carry out in whole or in part the Nebraska Safe Drinking Water Act and with which the director has consummated a legal and binding contract covering specifically delegated responsibilities;

(4) Major construction, extension, or alteration means those structural changes that affect the source of supply, treatment processes, or transmission of water to service areas but does not include the extension of service mains within established service areas;

(5) Operator means the individual or individuals responsible for the continued performance of the water supply system or any part of such system during assigned duty hours;

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

(7) Person means any individual, corporation, firm, partnership, limited liability company, association, company, trust, estate, public or private institution, group, agency, political subdivision, or other entity or any legal successor, representative, agent, or agency of any of such entities;

(8) Water supply system means all sources of water and their surroundings under the control of one owner and includes all structures, conduits, and appurtenances by means of which such water is collected, treated, stored, or delivered except service pipes between street mains and buildings and the plumbing within or in connection with the buildings served;

(9)(a) Public water system means a system for providing the public with water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days per year. Public water system includes (i) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system and (ii) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Public water system does not include a special irrigation district. A public water system is either a community water system or a noncommunity water system.

(b) Service connection does not include a connection to a system that delivers water by a constructed conveyance other than a pipe if (i) the water is used exclusively for purposes other than residential uses, consisting of drinking, bathing, cooking, and other similar uses, (ii) the department determines that alternative water to achieve the equivalent level of public health protection provided by the Nebraska Safe Drinking Water Act and rules and regulations under the act is provided for residential or similar uses for drinking and cooking, or (iii) the department determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the Nebraska Safe Drinking Water Act and the rules and regulations under the act.

es for drinking and cooking, or (iii) the department determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the Nebraska Safe Drinking Water Act and the rules and regulations under the act.

(c) Special irrigation district means an irrigation district in existence prior to May 18, 1994, that provides primarily agricultural service through a piped water system with only incidental residential or similar use if the system or the residential or similar users of the system comply with exclusion provisions of subdivision (b)(ii) or (iii) of this subdivision;

(10) Drinking water standards means rules and regulations adopted and promulgated pursuant to section 71-5302 which (a) establish maximum levels for harmful materials which, in the judgment of the director, may have an adverse effect on the health of persons and (b) apply only to public water systems;

(11) Lead free means (a) not containing more than two-tenths percent lead when used with respect to solder and flux and (b) not containing more than a weighted average of twenty-five hundredths percent lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures;

(12) Community water system means a public water system that (a) serves at least fifteen service connections used by year-round residents of the area served by the system or (b) regularly serves at least twenty-five year-round residents;

(13) Noncommunity water system means a public water system that is not a community water system;

(14) Nontransient noncommunity water system means a public water system that is not a community water system and that regularly serves at least twenty-five of the same individuals over six months per year; and

(15) Federal Safe Drinking Water Act means the federal Safe Drinking Water Act, 42 U.S.C. 300f et seq., as the act existed on January 1, 2021.

Laws 1976, LB 821, § 1;

Laws 1988, LB 383, § 1;

Laws 1993, LB 121, § 441;

Laws 1996, LB 1044, § 712;

Laws 1997, LB 517, § 17;

Laws 2001, LB 667, § 28;

Laws 2003, LB 31, § 3;

Laws 2004, LB 1005, § 98;

Laws 2007, LB296, § 608;

Laws 2007, LB463, § 1223;

Laws 2012, LB723, § 1;

Laws 2016, LB899, § 1;

Laws 2021, LB148, § 72;

Laws 2025, LB317, § 379;

Laws 2025, LB346, § 38.
Neb. Rev. Stat. § 71-4830 — NE Code / Chapter 71 / Section 71-4830
View Statute 71-4830
Status: in_force

(a) An individual may refuse to make an anatomical gift of the individual's body or part by:

(1) A record signed by:

(A) The individual; or

(B) Subject to subsection (b) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;

(2) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or

(3) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

(b) A record signed pursuant to subdivision (a)(1)(B) of this section must:

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

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

(c) An individual who has made a refusal may amend or revoke the refusal:

(1) In the manner provided in subsection (a) of this section for making a refusal;

(2) By subsequently making an anatomical gift pursuant to section 71-4828 that is inconsistent with the refusal; or

(3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

(d) Except as otherwise provided in subsection (h) of section 71-4831 , in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.

Laws 2010, LB1036, § 7.
Neb. Rev. Stat. § 38-1220 — NE Code / Chapter 71 / Section 38-1220
38-1220
Status: in_force

The following are exempt from the licensing requirements of the Emergency Medical Services Practice Act:

(1) The occasional use of a vehicle or aircraft not designated as an ambulance and not ordinarily used in transporting patients or operating emergency care, rescue, or resuscitation services;

(2) Vehicles or aircraft rendering services as an ambulance in case of a major catastrophe or emergency when licensed ambulances based in the localities of the catastrophe or emergency are incapable of rendering the services required;

(3) Ambulances from another state which are operated from a location or headquarters outside of this state in order to transport patients across state lines, but no such ambulance shall be used to pick up patients within this state for transportation to locations within this state except in case of an emergency;

(4) Ambulances or emergency vehicles owned and operated by an agency of the United States Government and the personnel of such agency;

(5) Except for the provisions of section 38-1232 , physicians, physician assistants, registered nurses, or advanced practice registered nurses, who hold current Nebraska licenses and are exclusively engaged in the practice of their respective professions;

(6) Persons authorized to perform emergency care in other states when incidentally working in Nebraska in response to an emergency situation; and

(7) Students under the supervision of (a) a licensed emergency care provider performing emergency medical services that are an integral part of the training provided by an approved training agency or (b) an organization accredited by the Commission on Accreditation of Allied Health Education Programs for the level of training the student is completing.

Laws 1997, LB 138, § 20;

Laws 2000, LB 1115, § 76;

Laws 2005, LB 256, § 94;

R.S.Supp.,2006, § 71-5191;

Laws 2007, LB463, § 504;

Laws 2019, LB135, § 1;

Laws 2020, LB1002, § 32.
Neb. Rev. Stat. § 71-6331.01 — NE Code / Chapter 71 / Section 71-6331.01
View Statute 71-6331.01
Status: in_force

Sections 25-21,254 to 25-21,264 do not apply to the Residential Lead-Based Paint Professions Practice Act.

Laws 1999, LB 863, § 54;

Laws 2007, LB463, § 1284.
Neb. Rev. Stat. § 71-5301.01 — NE Code / Chapter 71 / Section 71-5301.01
View Statute 71-5301.01
Status: in_force

The director may adopt and promulgate rules and regulations regarding the use of lead-free materials in public water systems in compliance with standards established in accordance with the federal Safe Drinking Water Act.

Laws 1988, LB 383, § 2;

Laws 2001, LB 667, § 29;

Laws 2016, LB899, § 2;

Laws 2021, LB148, § 73.
Neb. Rev. Stat. § 71-7621 — NE Code / Chapter 71 / Section 71-7621
View Statute 71-7621
Status: in_force

If the Department of Health and Human Services determines that services are not being delivered in accordance with the contract, the department may seek to recapture all or a portion of funds expended.

Laws 1998, LB 1070, § 17;

Laws 2005, LB 301, § 61;

Laws 2007, LB296, § 684.
Neb. Rev. Stat. § 71-6319.36 — NE Code / Chapter 71 / Section 71-6319.36
View Statute 71-6319.36
Status: in_force

Risk assessment means an onsite investigation to determine the existence, nature, severity, and location of lead-based paint hazards and the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.

Laws 1999, LB 863, § 38.
Neb. Rev. Stat. § 71-7432 — NE Code / Chapter 71 / Section 71-7432
View Statute 71-7432
Status: in_force

Chain pharmacy warehouse means a facility utilized as a central warehouse for intracompany sales or transfers of prescription drugs or devices by two or more pharmacies operating under common ownership or common control.

Laws 2006, LB 994, § 6.
Neb. Rev. Stat. § 71-7460.03 — NE Code / Chapter 71 / Section 71-7460.03
View Statute 71-7460.03
Status: in_force

(1) Unless such knowledge or information is based on confidential medical records protected by the confidentiality provisions of the federal Public Health Services Act, 42 U.S.C. 290dd-2, and federal administrative rules and regulations, as such act and rules and regulations existed on January 1, 2007:

(a) Any insurer having knowledge of any violation of any provision of the Wholesale Drug Distributor Licensing Act governing the profession of the person being reported whether or not such person is licensed shall report the facts of such violation as known to such insurer to the department; and

(b) All insurers shall cooperate with the department and provide such information as requested by the department concerning any possible violations by any person required to be licensed whether or not such person is licensed.

(2) Such reporting shall be done on a form and in the manner specified pursuant to sections 38-1,130 and 38-1,131 . Such reports shall be subject to sections 38-1,132 to 38-1,136 .

Laws 2007, LB463, § 1299.
Neb. Rev. Stat. § 71-7109 — NE Code / Chapter 71 / Section 71-7109
View Statute 71-7109
Status: in_force

The statewide clinical director shall be appointed by the Critical Incident Stress Management Council until July 1, 2026, and by the Department of Health and Human Services on and after July 1, 2026. The statewide clinical director shall supervise and evaluate the professional and peer support team members, including the regional clinical directors, and until July 1, 2026, shall be a member of and work with the Interagency Management Committee for such purpose. The statewide clinical director may conduct critical incident stress management training and continuing education activities.

Laws 1991, LB 703, § 9;

Laws 1997, LB 184, § 9;

Laws 2025, LB346, § 45.
Neb. Rev. Stat. § 71-8250 — NE Code / Chapter 71 / Section 71-8250
View Statute 71-8250
Status: in_force

The department shall designate trauma care regions so that all parts of the state are within such a region.

Laws 1997, LB 626, § 50;

Laws 2003, LB 467, § 2.
Neb. Rev. Stat. § 71-6804 — NE Code / Chapter 71 / Section 71-6804
View Statute 71-6804
Status: in_force

(1) Any genetic sequencing data that is utilized in the State of Nebraska shall not be stored within any foreign adversary country.

(2) No person shall remotely access genetic sequencing data that is stored in the State of Nebraska from a foreign adversary country.

Laws 2025, LB644, § 35.
Neb. Rev. Stat. § 71-9303 — NE Code / Chapter 71 / Section 71-9303
View Statute 71-9303
Status: in_force

(1) A home care consumer who is a minor child shall be represented by his or her parent or guardian. Such parent or guardian shall act on behalf of the minor child in securing the minor child’s rights under the Home Care Consumer Bill of Rights Act.

(2) A home care consumer who has been found by a court to be an incapacitated person shall be represented by a guardian. Such guardian shall act on behalf of the incapacitated person in securing the incapacitated person’s rights under the Home Care Consumer Bill of Rights Act.

(3) A home care consumer or an incapacitated person who is not a minor child has the right to the assistance of an agent, an attorney, an individual designated pursuant to a power of attorney, or an individual otherwise designated in writing by the home care consumer to act on behalf of the home care consumer in securing his or her rights under the act.

Laws 2016, LB698, § 3.
Neb. Rev. Stat. § 71-4617 — NE Code / Chapter 71 / Section 71-4617
View Statute 71-4617
Status: in_force

Every manufacturer shall furnish to the commission a true or representative copy of all notices, bulletins, and other communications sent to the dealers of the manufacturer or to purchasers of manufactured homes or recreational vehicles of the manufacturer regarding any imminent safety hazard or serious defect in a single manufactured home or recreational vehicle or a noncompliance determined to be in a class of manufactured homes or recreational vehicles produced by the manufacturer. The commission shall disclose to the public so much of the information contained in such notices or other information obtained pursuant to the Uniform Standard Code for Manufactured Homes and Recreational Vehicles as it deems will assist in carrying out the purposes of the code, but it shall not disclose any information which contains or relates to a trade secret or which, if disclosed, would put the manufacturer at a substantial competitive disadvantage, unless the commission determines that such disclosure is necessary to carry out the purposes of the code.

Laws 1975, LB 300, § 16;

Laws 1985, LB 313, § 20;

Laws 1993, LB 536, § 97;

Laws 1998, LB 1073, § 141.
Neb. Rev. Stat. § 38-1203 — NE Code / Chapter 71 / Section 38-1203
38-1203
Status: in_force

The Legislature finds:

(1) That emergency medical care is a primary and essential health care service and that the presence of an adequately equipped ambulance and trained emergency care providers may be the difference between life and death or permanent disability to those persons in Nebraska making use of such services in an emergency;

(2) That effective delivery of emergency medical care may be assisted by a program of training and licensure of emergency care providers and licensure of emergency medical services in accordance with rules and regulations adopted by the board;

(3) That the Emergency Medical Services Practice Act is essential to aid in advancing the quality of care being provided by emergency care providers and by emergency medical services and the provision of effective, practical, and economical delivery of emergency medical care in the State of Nebraska;

(4) That the services to be delivered by emergency care providers are complex and demanding and that training and other requirements appropriate for delivery of the services must be constantly reviewed and updated; and

(5) That the enactment of a regulatory system that can respond to changing needs of patients and emergency care providers and emergency medical services is in the best interests of the residents of Nebraska.

Laws 1997, LB 138, § 3;

R.S.1943, (2003), § 71-5174;

Laws 2007, LB463, § 487;

Laws 2020, LB1002, § 13.
Neb. Rev. Stat. § 71-9610 — NE Code / Chapter 71 / Section 71-9610
View Statute 71-9610
Status: in_force

No official, employee, or agent of this state may block or attempt to block an eligible patient's access to an investigational drug, biological product, or device. Counseling, advice, or recommendations consistent with medical standards of care from a licensed health care provider is not a violation of this section.

Laws 2018, LB117, § 10.
Neb. Rev. Stat. § 71-6738 — NE Code / Chapter 71 / Section 71-6738
View Statute 71-6738
Status: in_force

On and after July 1, 1999, the clerk of any county court or district court in this state shall report to the department the conviction in such court of any medication aide of any felony or any misdemeanor. The Attorney General or the city prosecutor or county attorney prosecuting any such criminal action shall provide the court with information concerning the registration of the defendant. Notice to the department shall be filed within thirty days after the conviction in a manner agreed to by the department and the State Court Administrator.

Laws 1998, LB 1354, § 28.
Neb. Rev. Stat. § 71-8224 — NE Code / Chapter 71 / Section 71-8224
View Statute 71-8224
Status: in_force

Patient care protocols means the written procedures adopted by the medical staff of a trauma center, specialty level burn or pediatric trauma center, or rehabilitation center that direct the care of the patient, based upon the assessment of the patient's medical needs. Patient care protocols shall follow minimum statewide standards for trauma care services.

Laws 1997, LB 626, § 24.
Neb. Rev. Stat. § 71-6018.02 — NE Code / Chapter 71 / Section 71-6018.02
View Statute 71-6018.02
Status: in_force

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

(2) The department may waive the evening and night staffing requirements for skilled nursing facilities or for long-term care hospitals certified under Title XVIII of the federal Social Security Act, as amended, except the requirement that the Director of Nursing Services be a licensed registered nurse, if:

(a) The facility or hospital demonstrates to the satisfaction of the department that it has been unable, despite diligent efforts, to hire enough licensed registered nurses and licensed practical nurses to fulfill such requirements. For purposes of this subdivision, diligent efforts include, but are not limited to, offering wages equal to or greater than the community prevailing wage rate being paid such nurses at nursing facilities;

(b) The department determines that a waiver of the requirement will not endanger the health or safety of residents of the facility or hospital; and

(c) The department finds that, for any period in which staffing requirements cannot be met, a licensed registered nurse or a physician is obligated to respond immediately to telephone calls from the facility or hospital.

A waiver granted under this subsection shall be subject to annual review by the department. As a condition of granting or renewing a waiver, a facility or hospital may be required to employ other qualified licensed personnel.

(3) The department may waive the requirement that a skilled nursing facility or long-term care hospital certified under Title XVIII of the federal Social Security Act, as amended, provide a licensed registered nurse on duty at the facility or hospital for more than forty hours per week if:

(a) The facility or hospital is located in a nonurban area where the supply of skilled nursing facility services is not sufficient to meet the needs of individuals residing in the area;

(b) The facility or hospital has one full-time licensed registered nurse who is regularly on duty at the facility or hospital forty hours per week; and

(c) The facility or hospital (i) has only patients whose physicians have indicated through orders or admission or progress notes that the patients do not require the services of a licensed registered nurse or a physician for more than forty hours per week or (ii) has made arrangements for a licensed registered nurse or a physician to spend time at the facility or hospital, as determined necessary by the physician, to provide the necessary services on days when the regular, full-time licensed registered nurse is not on duty.

A waiver may be granted under this subsection for a period of up to one year by the department.

Laws 2000, LB 819, § 127.
Neb. Rev. Stat. § 71-4732 — NE Code / Chapter 71 / Section 71-4732
View Statute 71-4732
Status: in_force

There is hereby created a Commission for the Deaf and Hard of Hearing Fund to consist of such funds as the Legislature shall appropriate, any funds received under sections 20-156 and 71-4731 , and any fees collected for interpreter services as provided in section 71-4728 . The fund shall be used to administer sections 20-156 and 71-4720 to 71-4732.01 , except that (1) money in the fund from fees collected for interpreter services shall be used only for expenses related to the provision of such services, (2) money in the fund may only be used to provide services pursuant to section 71-4728.04 if there is no money in the Telehealth System Fund, and (3) transfers may be made from the Commission for the Deaf and Hard of Hearing Fund to the General Fund at the direction of the Legislature. Any money in the Commission for the Deaf and Hard of Hearing 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 1979, LB 101, § 13;

Laws 1995, LB 7, § 78;

Laws 1995, LB 25, § 8;

Laws 1997, LB 851, § 24;

Laws 1999, LB 359, § 3;

Laws 2001, LB 334, § 5;

Laws 2002, LB 22, § 18;

Laws 2009, First Spec. Sess., LB3, § 45.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-6729 — NE Code / Chapter 71 / Section 71-6729
View Statute 71-6729
Status: in_force

The department may conduct periodic and random screening or review of entities conducting competency assessments or courses and of the activities of applicants and medication aides as may be necessary to ensure compliance with the Medication Aide Act and the rules and regulations.

Laws 1998, LB 1354, § 19.
Neb. Rev. Stat. § 71-8717 — NE Code / Chapter 71 / Section 71-8717
View Statute 71-8717
Status: in_force

(1) Every provider subject to the Patient Safety Improvement Act shall track and report pursuant to section 71-8718 the following occurrences of patient safety events:

(a) Surgery or procedures performed on the wrong patient or the wrong body part of a patient;

(b) Foreign object accidentally left in a patient during a procedure or surgery;

(c) Hemolytic transfusion reaction in a patient resulting from the administration of blood or blood products with major blood group incompatibilities;

(d) Sexual assault of a patient during treatment or while the patient was on the premises of a facility;

(e) Abduction of a newborn infant patient from the hospital or the discharge of a newborn infant patient from the hospital into the custody of an individual in circumstances in which the hospital knew, or in the exercise of ordinary care should have known, that the individual did not have legal custody of the infant;

(f) Suicide of a patient in a setting in which the patient received care twenty-four hours a day;

(g) Medication error resulting in a patient's unanticipated death or permanent or temporary loss of bodily function, including (i) treatment intervention, temporary harm, (ii) initial-prolonged hospitalization, temporary harm, (iii) permanent patient harm, and (iv) near death event in circumstances unrelated to the natural course of the illness or underlying condition of the patient, including, but not limited to, errors involving the wrong drug, the wrong dose, the wrong patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of administration, but excluding reasonable differences in clinical judgment on drug selection and dose;

(h) Patient death or serious disability associated with the use of adulterated drugs, devices, or biologics provided by the provider;

(i) Patient death or serious disability associated with the use or function of a device in patient care in which the device is used or functions other than as intended; and

(j) Unanticipated death or major permanent loss of function associated with health care associated nosocomial infection.

(2) A patient safety organization, based on a review of new indicators of patient safety events identified by the Joint Commission on Accreditation of Healthcare Organizations, shall recommend changes, additions, or deletions to the list of reportable patient safety events, which changes, additions, or deletions shall be binding on the providers. Providers may voluntarily report any other patient safety events not otherwise identified.

Laws 2005, LB 361, § 17.
Neb. Rev. Stat. § 71-6722 — NE Code / Chapter 71 / Section 71-6722
View Statute 71-6722
Status: in_force

Administration of medication may be done by competent individuals to themselves, by caretakers of recipients receiving medication, or by licensed health care professionals for whom administration of medication is included in their scope of practice.

A medication aide, a person licensed to operate a child care facility or a staff member of a child care facility, or a staff member of a school may participate in medication administration, when directed and monitored by a competent individual, caretaker, or health care professional, by providing medications in compliance with the Medication Aide Act and rules and regulations adopted and promulgated under the act. In each case, the individual responsible for providing direction and monitoring shall be identified in writing and indication that such individual has accepted such responsibility shall also be identified in writing.

Laws 1998, LB 1354, § 12.
Neb. Rev. Stat. § 71-5304.02 — NE Code / Chapter 71 / Section 71-5304.02
View Statute 71-5304.02
Status: in_force

(1) The director may require a public water system to give notice to the persons served by the system and to the department whenever the system:

(a) Is not in compliance with an applicable maximum contaminant level or treatment technique requirement of or a testing procedure prescribed by rules and regulations adopted and promulgated under the Nebraska Safe Drinking Water Act;

(b) Fails to perform monitoring, testing, analyzing, or sampling as required;

(c) Is subject to a variance or exemption; or

(d) Is not in compliance with the requirements prescribed by a variance or exemption.

(2) The director may require a public water system to give notice to the persons served by the public water system of potential sources of contamination as identified by the director under subsection (2) of section 71-5302 , of possible health effects of such contamination, and of possible mitigation measures.

(3) The director shall by rule and regulation prescribe the form and manner for giving such notice.

Laws 1988, LB 383, § 6;

Laws 1996, LB 1044, § 715;

Laws 2001, LB 667, § 34;

Laws 2007, LB296, § 612.
Neb. Rev. Stat. § 71-9407 — NE Code / Chapter 71 / Section 71-9407
View Statute 71-9407
Status: in_force

The Assisting Caregiver Transitions Act does not:

(1) Create a private right of action against a hospital, a hospital employee, or a person with whom the hospital has a contractual relationship;

(2) Create additional civil or regulatory liability for a hospital, a hospital employee, or a person with whom the hospital has a contractual relationship;

(3) Supersede or replace existing rights or remedies under any other law;

(4) Affect a license issued to a hospital pursuant to the Health Care Facility Licensure Act;

(5) Establish a new requirement to reimburse or otherwise pay for services rendered by a caregiver for aftercare; or

(6) Interfere with an individual acting under a valid power of attorney for health care as defined in section 30-3402 or acting as a conservator as defined in section 30-2209 .

Laws 2016, LB698, § 13.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 71-4602 — NE Code / Chapter 71 / Section 71-4602
View Statute 71-4602
Status: in_force

The Legislature recognizes that uniformity in the manner of the body and frame design, construction, assembly, and use of manufactured homes and recreational vehicles and that of their systems, components, and appliances including their plumbing, heating, and electrical systems is desirable in order that owners may not be burdened with differing requirements and in order to promote construction suitable for the health of the numerous persons living in manufactured homes and recreational vehicles.

Laws 1969, c. 557, § 2, p. 2272;

Laws 1975, LB 300, § 2;

Laws 1985, LB 313, § 6.
Neb. Rev. Stat. § 71-4844 — NE Code / Chapter 71 / Section 71-4844
View Statute 71-4844
Status: in_force

In applying and construing the Revised Uniform Anatomical Gift Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact this uniform act.

Laws 2010, LB1036, § 21.
Neb. Rev. Stat. § 71-8608 — NE Code / Chapter 71 / Section 71-8608
View Statute 71-8608
Status: in_force

To promote self-support of blind persons:

(1) The commission shall:

(a) Provide placement and career development services;

(b) Provide prevocational training;

(c) Support integration with and access to community-based educational and vocational training opportunities;

(d) Implement employer outreach and cultivation; and

(e) Develop inservice community-based recruitment and networking resources; and

(2) The commission may:

(a) Maintain employment databases;

(b) Facilitate small business incubation; and

(c) Develop recommendations for state contract preferences.

Laws 2000, LB 352, § 8.
Neb. Rev. Stat. § 71-6741 — NE Code / Chapter 71 / Section 71-6741
View Statute 71-6741
Status: in_force

Any person who intentionally violates the Medication Aide Act is guilty of a Class III misdemeanor.

Laws 1998, LB 1354, § 31.
Neb. Rev. Stat. § 71-4619 — NE Code / Chapter 71 / Section 71-4619
View Statute 71-4619
Status: in_force

Every manufacturer shall maintain a record of the name and address of the first purchaser of each manufactured home or recreational vehicle for purposes other than resale and, to the maximum extent feasible and reasonable, shall maintain procedures for ascertaining the name and address of any subsequent purchaser and shall maintain a record of names and addresses so ascertained. Such records shall be kept for each manufactured home or recreational vehicle produced by a manufacturer. The commission may establish by rule and regulation procedures to be followed by manufacturers in establishing and maintaining such records, including procedures to be followed by distributors and dealers to assist manufacturers to secure the information required by this section.

Laws 1975, LB 300, § 18;

Laws 1985, LB 313, § 22;

Laws 1993, LB 536, § 99;

Laws 1998, LB 1073, § 143.
Neb. Rev. Stat. § 71-6402 — NE Code / Chapter 71 / Section 71-6402
View Statute 71-6402
Status: in_force

It is the purpose of the Building Construction Act to:

(1) Adopt a state building code to govern the construction, reconstruction, alteration, and repair of buildings and other structures within Nebraska;

(2) Provide state standards to safeguard life, health, property, and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, and maintenance of buildings and structures within this state; and

(3) Provide for the use of modern and innovative methods, devices, materials, and techniques in the design and construction of buildings and other structures.

Laws 1987, LB 227, § 2.
Neb. Rev. Stat. § 71-5209 — NE Code / Chapter 71 / Section 71-5209
View Statute 71-5209
Status: in_force

Funding for the comprehensive dentistry program shall be provided in the manner set forth in section 71-5203 .

Laws 1975, LB 571, § 9.
Neb. Rev. Stat. § 71-7616 — NE Code / Chapter 71 / Section 71-7616
View Statute 71-7616
Status: in_force

The Legislature finds that members of Nebraska's federally recognized Native American tribes are not receiving adequate basic public health services, especially in the areas of education and prevention. The leading causes of death among Native American people are largely preventable. Many Native American people suffer from preventable diseases such as diabetes, cardiovascular disease, and alcohol-related fatalities. An alarming number of tribal members engage in health-threatening activities such as smoking, substance abuse, and poor diet. Births to teenaged Native Americans are higher than any other racial group. Unintentional injuries are costing Native American people years of productivity and potential. As a result, the life expectancy among Native Americans is low while the infant mortality rate is high when compared to Nebraska's general population. The problems and future costs associated with a lack of adequate public health services will continue to escalate as seventy percent of tribal members on reservations and in service areas are children.

To protect a generation of Native American children and to provide for a safe, healthy future for future generations of Native American people, the Legislature declares that public health infrastructure focusing on health education and preventative health measures for Native Americans must be addressed.

Laws 1998, LB 1070, § 12.
Neb. Rev. Stat. § 71-5665 — NE Code / Chapter 71 / Section 71-5665
View Statute 71-5665
Status: in_force

The commission shall periodically designate health profession shortage areas within the state for the following professions: Medicine and surgery, psychiatry, physician assistants' practice, nurse practitioners' practice, nurse anesthesia practice, dietitian nutritionist practice, psychology, and mental health practitioners' practice. The commission shall also periodically designate separate health profession shortage areas for each of the following professions: Pharmacy, dentistry, physical therapy, and occupational therapy. In making such designations the commission shall consider, after consultation with other appropriate agencies concerned with health services and with appropriate professional organizations, among other factors:

(1) The latest reliable statistical data available regarding the number of health professionals practicing in an area and the population to be served by such practitioners;

(2) Inaccessibility of health care services to residents of an area;

(3) Particular local health problems;

(4) Age or incapacity of local practitioners rendering services; and

(5) Demographic trends in an area both past and future.

Laws 1991, LB 400, § 16;

Laws 1994, LB 1223, § 62;

Laws 1996, LB 1155, § 53;

Laws 1997, LB 577, § 4;

Laws 2000, LB 1115, § 83;

Laws 2004, LB 1005, § 106;

Laws 2008, LB797, § 21;

Laws 2023, LB50, § 39;

Laws 2025, LB312, § 3.
Neb. Rev. Stat. § 71-5656 — NE Code / Chapter 71 / Section 71-5656
View Statute 71-5656
Status: in_force

The commission shall annually elect from among its members a chairperson and a vice-chairperson. The commission shall receive assistance from the staff of the office.

Laws 1991, LB 400, § 7;

Laws 1996, LB 1044, § 730;

Laws 1998, LB 1073, § 155.
Neb. Rev. Stat. § 71-5658 — NE Code / Chapter 71 / Section 71-5658
View Statute 71-5658
Status: in_force

The commission shall hold at least four meetings a year, at times and places fixed by the commission. At least one meeting each year shall be held at a site other than Lincoln or Omaha. A majority of the members of the commission shall constitute a quorum.

Laws 1991, LB 400, § 9.
Neb. Rev. Stat. § 71-4210 — NE Code / Chapter 71 / Section 71-4210
View Statute 71-4210
Status: in_force

(1) The department in conjunction with the stroke system of care task force shall establish and implement an improvement plan for a comprehensive stroke system for stroke response and treatment. The department shall:

(a) Maintain a statewide stroke data registry that utilizes the American Heart Association's Get with the Guidelines stroke data set or a data tool with equivalent data measures and with confidentiality standards consistent with federal and state law and other health information and data collection, storage, and sharing requirements of the department;

(b) Require comprehensive stroke centers, thrombectomy-capable stroke centers, and primary stroke centers, and encourage other hospitals and emergency medical services, to report data consistent with nationally recognized guidelines on the treatment of individuals with a suspected stroke and transient ischemic attack within the state;

(c) Encourage sharing of information and data among health care providers on ways to improve the quality of care for stroke patients within the state; and

(d) Facilitate the communication and analysis of health information and data among health care professionals who provide care for stroke patients.

(2) The department shall establish a data oversight process for stroke response and treatment. The department shall provide for (a) the analysis of data generated by the stroke registry on stroke response and treatment and (b) the identification of potential interventions to improve stroke care in geographic areas or regions of the state.

(3) All data and information developed or collected pursuant to the Stroke System of Care Act registry and the receipt and release of data from the Stroke System of Care Act registry is subject to and shall comply with sections 81-663 to 81-675 . For purposes of the Stroke System of Care Act registry, data may be released as Class I data, Class II data, Class III data, or Class IV data as classified in section 81-667 .

Laws 2021, LB476, § 2.
Neb. Rev. Stat. § 71-8202 — NE Code / Chapter 71 / Section 71-8202
View Statute 71-8202
Status: in_force

The Legislature finds and declares that:

(1) Trauma is a severe health problem in the State of Nebraska and a major cause of death and long-term disability;

(2) Trauma care is very limited in many parts of Nebraska, particularly in rural areas where there is a growing danger that some communities may be left without adequate emergency medical care;

(3) It is in the best interests of the citizens of Nebraska to establish an efficient and well-coordinated statewide trauma system to reduce costs and incidence of inappropriate and inadequate trauma care and emergency medical service; and

(4) The goals and objectives of a statewide trauma system are to: (a) Pursue trauma prevention activities to decrease the incidence of trauma; (b) provide optimal care for trauma victims; (c) prevent unnecessary death and disability from trauma and emergency illness; and (d) contain costs of trauma care and trauma system implementation.

Laws 1997, LB 626, § 2;

Laws 2023, LB227, § 101.
Neb. Rev. Stat. § 71-7447 — NE Code / Chapter 71 / Section 71-7447
71-7447
Status: in_force

(1) No person or entity may act as a wholesale drug distributor in this state without first obtaining a wholesale drug distributor license from the department. The department shall issue a license to any applicant that satisfies the requirements for licensure under the Wholesale Drug Distributor Licensing Act. Manufacturers are exempt from any licensing and other requirements of the act to the extent not required by federal law or regulation except for those requirements deemed necessary and appropriate under rules and regulations adopted and promulgated by the department.

(2) Wholesale medical gas distributors shall be exempt from any licensing and other requirements of the Wholesale Drug Distributor Licensing Act to the extent not required under federal law but shall be licensed as wholesale drug distributors by the department for the limited purpose of engaging in the wholesale distribution of medical gases upon application to the department, payment of a licensure fee, and inspection of the applicant's facility by the department, except that the applicant may submit and the department may accept an inspection accepted in another state or an inspection conducted by a nationally recognized accreditation program approved by the board. For purposes of such licensure, wholesale medical gas distributors shall only be required to provide information required under subdivisions (1)(a) through (1)(c) of section 71-7448 .

(3) The Wholesale Drug Distributor Licensing Act does not apply to:

(a) An agent or employee of a licensed wholesale drug distributor who possesses drug samples when such agent or employee is acting in the usual course of his or her business or employment; or

(b) Any person who (i) engages in a wholesale transaction relating to the manufacture, distribution, sale, transfer, or delivery of medical gases the gross dollar value of which does not exceed five percent of the total retail sales of medical gases by such person during the immediately preceding calendar year and (ii) has either a pharmacy permit or license or a delegated dispensing permit or is exempt from the practice of pharmacy under subdivision (10) of section 38-2850 .

Laws 1992, LB 1019, § 17;

Laws 1997, LB 752, § 198;

Laws 2001, LB 398, § 84;

Laws 2003, LB 242, § 148;

R.S.1943, (2003), § 71-7417;

Laws 2006, LB 994, § 21;

Laws 2010, LB849, § 27;

Laws 2015, LB37, § 91.
Neb. Rev. Stat. § 71-6104 — NE Code / Chapter 71 / Section 71-6104
View Statute 71-6104
Status: in_force

To be a registered interior designer, an individual shall:

(1) Apply to the State Treasurer in a form and manner prescribed by the State Treasurer;

(2) Pay an application fee of not more than fifty dollars as determined by the State Treasurer; and

(3) Satisfy the requirements for placement on the registry as provided in section 71-6105 .

Laws 2024, LB16, § 17.
Neb. Rev. Stat. § 71-5327 — NE Code / Chapter 71 / Section 71-5327
View Statute 71-5327
Status: reserved

At any time after the first year the fund is effective the director may: (1) Reserve a dollar amount equal to thirty-three percent of a capitalization grant made pursuant to section 1452 of the Safe Drinking Water Act and add the funds reserved to any funds provided to the state pursuant to section 601 of the Federal Water Pollution Control Act; and (2) reserve in any year a dollar amount up to the dollar amount that may be reserved under subdivision (1) of this section of the capitalization grants made pursuant to section 601 of the Federal Water Pollution Control Act and add the reserved funds to any funds provided to the state pursuant to section 1452 of the federal Safe Drinking Water Act.

Laws 1997, LB 517, § 16;

Laws 2019, LB307, § 4.
Neb. Rev. Stat. § 71-9105 — NE Code / Chapter 71 / Section 71-9105
View Statute 71-9105
Status: in_force

(1) Any city, village, business, or nonprofit organization that organizes an athletic activity in which the athletes are nineteen years of age or younger and are required to pay a fee to participate in the athletic activity or whose cost to participate in the athletic activity is sponsored by a business or nonprofit organization 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; and

(b) Provide information on concussions and brain injuries to all coaches and athletes and to a parent or guardian of each athlete that 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 an athlete should take in response to sustaining a concussion, including the notification of his or her coaches.

(2)(a) An athlete who participates in an athletic activity under subsection (1) of this section 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. Such athlete shall not be permitted to participate in any supervised athletic activities involving physical exertion, including, but not limited to, practices or games, until the athlete (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 city, village, business, or nonprofit organization that organized the athletic activity accompanied by written permission to resume participation from the athlete's parent or guardian.

(b) If an athlete 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 athlete shall be notified by the coach or a representative of the city, village, business, or nonprofit organization that organized the athletic activity of the date and approximate time of the injury suffered by the athlete, the signs and symptoms of a concussion or brain injury that were observed, and any actions taken to treat the athlete.

(c) Nothing in this subsection shall be construed to require any city, village, business, or nonprofit organization 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 city, village, business, or nonprofit organization shall be deemed to be conclusive and reliable evidence that the individual who signed the clearance is a licensed health care professional. The city, village, business, or nonprofit organization shall not be required to determine or verify the individual's qualifications.

Laws 2011, LB260, § 5.
Neb. Rev. Stat. § 71-5650 — NE Code / Chapter 71 / Section 71-5650
View Statute 71-5650
Status: in_force

Sections 71-5650 to 71-5670 shall be known and may be cited as the Rural Health Systems and Professional Incentive Act.

Laws 1991, LB 400, § 1;

Laws 2015, LB196, § 1.
Neb. Rev. Stat. § 71-9504 — NE Code / Chapter 71 / Section 71-9504
View Statute 71-9504
Status: in_force

(1) In order to be a valid direct agreement for purposes of the Direct Primary Care Agreement Act, a direct agreement between a direct provider and a direct patient or the patient's representative in which the direct provider charges a direct service charge as consideration for being available to provide and for providing primary care services to the direct patient shall meet the following requirements:

(a) A direct agreement shall be in writing;

(b) A direct agreement shall be signed by the direct provider or an agent of the direct provider and the direct patient or the direct patient’s representative;

(c) A direct agreement shall describe the scope of the primary care services included in the direct agreement;

(d) A direct agreement shall state each location where primary care services may be provided and whether out-of-office services are included;

(e) A direct agreement shall specify the direct service charge and any other charges for primary care services not covered by the direct service charge;

(f) A direct agreement shall specify the duration of the direct agreement, whether renewal is automatic, and procedures for renewal if required;

(g) A direct agreement shall specify the terms of the direct agreement and the conditions upon which the direct agreement may be terminated by the direct provider, including at least thirty days’ notice to the direct patient in accordance with section 71-2085 ;

(h) A direct agreement shall state that the direct agreement is terminable at will by written notice from the direct patient to the direct provider;

(i) A direct agreement shall state that if a party provides written notice of termination of the direct agreement, the direct provider is required to refund to the direct patient all unearned direct service charges within thirty days after the date of the notice of termination;

(j) A direct agreement shall prominently state in writing that the direct patient is required to pay the direct provider for any service not specified in the direct agreement and not otherwise covered by insurance; and

(k) A direct agreement shall 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.

(2) A direct provider shall ensure that a copy of a direct agreement is given to each direct patient at the time the patient signs the direct agreement.

Laws 2016, LB817, § 4.
Neb. Rev. Stat. § 71-8204 — NE Code / Chapter 71 / Section 71-8204
View Statute 71-8204
Status: in_force

Advanced level rehabilitation center means a rehabilitation center which, in addition to the services provided at intermediate level and general level rehabilitation centers, provides services to patients with traumatic brain or spinal injuries, complicated amputations, and other diagnoses resulting in functional impairment in more than one functional area, with moderate to severe impairment or complexity, and serves as a referral facility for intermediate level and general level rehabilitative services.

Laws 1997, LB 626, § 4;

Laws 2015, LB46, § 3.
Neb. Rev. Stat. § 71-6404 — NE Code / Chapter 71 / Section 71-6404
View Statute 71-6404
Status: in_force

(1) For purposes of the Building Construction Act:

(a) Component means a portion of the state building code created pursuant to section 71-6403 ; and

(b) Radon resistant new construction has the same meaning as in section 76-3503 .

(2) The state building code shall be the building and construction standard within the state and shall be applicable:

(a) To all buildings and structures owned by the state or any state agency;

(b) In each county, city, or village which elects to adopt the state building code as its local building or construction code pursuant to section 71-6406 ; and

(c) In each county, city, or village which has not adopted a local building or construction code pursuant to section 71-6406 within two years after an update to the state building code.

Laws 1987, LB 227, § 4;

Laws 1993, LB 319, § 2;

Laws 2010, LB799, § 2;

Laws 2016, LB704, § 213;

Laws 2019, LB96, § 1;

Laws 2019, LB130, § 2.
Neb. Rev. Stat. § 71-8610.01 — NE Code / Chapter 71 / Section 71-8610.01
View Statute 71-8610.01
Status: in_force

A certified vocational rehabilitation counselor for the blind's duties shall include, but not be limited to, the following:

(1) Assist blind persons, their families, groups of blind persons, or employers of blind persons through the counseling relationship to develop understanding, define blindness issues, define goals, plan action, and elevate expectations toward the capability of blind persons with the goal of full-time or part-time employment when appropriate, consistent with each individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;

(2) Be responsible for all decisions concerning eligibility for services, the nature and scope of available services, the provision of services, and the determination that a recipient of such services has achieved an employment outcome commensurate with his or her strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;

(3) Administer the individualized plan for employment and write the document prepared on forms provided by the commission containing descriptions of a specific employment outcome, the nature and scope of needed services and the entities to provide them, the criteria to evaluate progress toward achievement of employment outcome, and the responsibilities of the program and the recipient of such services;

(4) Plan allocation and expenditure of program funds; and

(5) Complete referral activities which evaluate data to identify which blind persons or groups of blind persons may be served in conjunction with or by other counselors.

Laws 2007, LB445, § 3.
Neb. Rev. Stat. § 71-6726 — NE Code / Chapter 71 / Section 71-6726
View Statute 71-6726
Status: in_force

(1) To register as a medication aide, an individual shall (a) have successfully completed the requirements in section 71-6725 , (b) be at least eighteen years of age, (c) be of good moral character, (d) file an application with the department, and (e) pay the applicable fee.

(2) A registered nurse or licensed practical nurse whose license has been revoked, suspended, or voluntarily surrendered in lieu of discipline may not register as a medication aide.

(3) An applicant or medication aide shall report to the department, in writing, any conviction for a felony or misdemeanor. A conviction is not a disqualification for placement on the registry unless it relates to the standards identified in section 71-6725 or it reflects on the moral character of the applicant or medication aide.

(4) An applicant or medication aide may report any pardon or setting aside of a conviction to the department. If a pardon or setting aside has been obtained, the conviction for which it was obtained shall not be maintained on the Medication Aide Registry.

(5) If a person registered as a medication aide on the Medication Aide Registry becomes licensed as a registered nurse or licensed practical nurse, his or her registration as a medication aide becomes null and void as of the date of licensure.

Laws 1998, LB 1354, § 16;

Laws 2007, LB185, § 44;

Laws 2007, LB463, § 1287.
Neb. Rev. Stat. § 71-5659 — NE Code / Chapter 71 / Section 71-5659
View Statute 71-5659
Status: in_force

The commission shall have the following powers and duties:

(1) Advise the department regarding the development and implementation of a state rural health policy;

(2) Advise the department and other appropriate parties in all matters relating to rural health care;

(3) Serve as an advocate for rural Nebraska in health care issues;

(4) Maintain liaison with all agencies, groups, and organizations concerned with rural health care in order to facilitate integration of efforts and commonality of goals;

(5) Identify problems in the delivery of health care in rural Nebraska, in the education and training of health care providers in rural Nebraska, in the regulation of health care providers and institutions in rural Nebraska, and in any other matters relating to rural health care;

(6) Prepare recommendations to the appropriate bodies to alleviate the problems identified;

(7) Advise the department regarding the Rural Health Systems and Professional Incentive Act;

(8) Designate health profession shortage areas in Nebraska; and

(9) Select recipients of financial incentives available under the act.

Laws 1991, LB 400, § 10;

Laws 1994, LB 1223, § 57.
Neb. Rev. Stat. § 71-5803.02 — NE Code / Chapter 71 / Section 71-5803.02
View Statute 71-5803.02
Status: in_force

Ambulatory surgical center has the same meaning as in section 71-405 .

Laws 1979, LB 172, § 4;

Laws 1989, LB 429, § 5;

Laws 1994, LB 1210, § 145;

R.S.1943, (1996), § 71-5804;

Laws 1997, LB 798, § 6;

Laws 2000, LB 819, § 113.
Neb. Rev. Stat. § 38-1229 — NE Code / Chapter 71 / Section 38-1229
38-1229
Status: in_force

The department may issue a license to any individual who has a current certificate from the National Registry of Emergency Medical Technicians.

Laws 1997, LB 138, § 18;

R.S.1943, (2003), § 71-5189;

Laws 2007, LB463, § 513;

Laws 2018, LB1034, § 27.
Neb. Rev. Stat. § 71-5205 — NE Code / Chapter 71 / Section 71-5205
View Statute 71-5205
Status: in_force

The family practice residency program may be funded in part by grants provided by the Department of Health and Human Services or agencies of the federal government. If such grants are provided, the Legislature shall not provide funding for such program.

Laws 1975, LB 571, § 5;

Laws 1996, LB 1044, § 711;

Laws 2007, LB296, § 607.
Neb. Rev. Stat. § 71-9101 — NE Code / Chapter 71 / Section 71-9101
View Statute 71-9101
Status: in_force

Sections 71-9101 to 71-9106 shall be known and may be cited as the Concussion Awareness Act.

Laws 2011, LB260, § 1.
Neb. Rev. Stat. § 71-4904 — NE Code / Chapter 71 / Section 71-4904
View Statute 71-4904
Status: in_force

There is hereby created in the Department of Health and Human Services the Chronic Renal Disease Cash Fund. The fund shall be used for payment of services, granting of financial assistance, and participation in other state and federal programs for the purpose of caring for persons suffering from chronic renal disease.

Laws 1972, LB 1270, § 5;

Laws 1996, LB 1044, § 689.
Neb. Rev. Stat. § 71-7439 — NE Code / Chapter 71 / Section 71-7439
View Statute 71-7439
Status: in_force

(1) Normal distribution chain means the transfer of a prescription drug or the co-licensed product of the original manufacturer of the finished form of a prescription drug along a chain of custody directly from the manufacturer or co-licensee of such drug to a patient or ultimate consumer of such drug.

(2) Normal distribution chain includes transfers of a prescription drug or co-licensed product:

(a) From a manufacturer or co-licensee to a wholesale drug distributor, to a pharmacy, and then to a patient or a patient's agent;

(b) From a manufacturer or co-licensee to a wholesale drug distributor, to a pharmacy, to a health care practitioner, health care practitioner facility, or hospital, and then to a patient or a patient's agent;

(c) From a manufacturer or co-licensee to a wholesale drug distributor, to a chain pharmacy warehouse, to a pharmacy affiliated with the chain pharmacy warehouse, and then to a patient or a patient's agent;

(d) From a manufacturer or co-licensee to a chain pharmacy warehouse, to a pharmacy affiliated with the chain pharmacy warehouse, and then to a patient or a patient's agent; or

(e) Recognized in rules and regulations adopted and promulgated by the department.

(3) For purposes of this section, co-licensed products means prescription drugs that have been approved by the federal Food and Drug Administration and are the subject of an arrangement by which two or more parties have the right to engage in a business activity or occupation concerning such drugs.

Laws 2006, LB 994, § 13.
Neb. Rev. Stat. § 71-5325 — NE Code / Chapter 71 / Section 71-5325
View Statute 71-5325
Status: in_force

Loan terms shall include, but not be limited to, the following:

(1) The term of the loan shall not exceed thirty years, except for systems serving disadvantaged communities which term may not exceed forty years;

(2) The interest rate shall be at or below market interest rates;

(3) The annual principal and interest payment shall commence not later than one year after completion of any project; and

(4) The loan recipient shall immediately repay any loan when a grant has been received which covers costs provided for by such loan.

Laws 1997, LB 517, § 14;

Laws 2019, LB307, § 3.
Neb. Rev. Stat. § 71-6221 — NE Code / Chapter 71 / Section 71-6221
View Statute 71-6221
Status: in_force

(1) A health profession shall be regulated by the state only when:

(a) Unregulated practice can clearly harm or endanger the health, safety, or welfare of the public;

(b) Regulation of the health profession does not impose significant new economic hardship on the public, significantly diminish the supply of qualified practitioners, or otherwise create barriers to service that are not consistent with the public welfare and interest;

(c) The public needs assurance from the state of initial and continuing professional ability; and

(d) The public cannot be protected by a more effective alternative.

(2) If it is determined that practitioners of a health profession not currently regulated are prohibited from the full practice of their profession in Nebraska, then the following criteria shall be used to determine whether regulation is necessary:

(a) Absence of a separate regulated profession creates a situation of harm or danger to the health, safety, or welfare of the public;

(b) Creation of a separate regulated profession would not create a significant new danger to the health, safety, or welfare of the public;

(c) Creation of a separate regulated profession would benefit the health, safety, or welfare of the public; and

(d) The public cannot be protected by a more effective alternative.

(3) The scope of practice of a regulated health profession shall be changed only when:

(a) The health, safety, and welfare of the public are inadequately addressed by the present scope of practice or limitations on the scope of practice;

(b) Enactment of the proposed change in scope of practice would benefit the health, safety, or welfare of the public;

(c) The proposed change in scope of practice does not create a significant new danger to the health, safety, or welfare of the public;

(d) The current education and training for the health profession adequately prepares practitioners to perform the new skill or service;

(e) There are appropriate postprofessional programs and competence assessment measures available to assure that the practitioner is competent to perform the new skill or service in a safe manner; and

(f) There are adequate measures to assess whether practitioners are competently performing the new skill or service and to take appropriate action if they are not performing competently.

(4) The division shall, by rule and regulation, establish standards for the application of each criterion which shall be used by the review bodies in recommending whether proposals for credentialing or change in scope of practice meet the criteria.

Laws 1985, LB 407, § 21;

Laws 1988, LB 384, § 7;

Laws 1996, LB 1044, § 759;

Laws 2007, LB296, § 653;

Laws 2012, LB834, § 16.
Neb. Rev. Stat. § 71-6320 — NE Code / Chapter 71 / Section 71-6320
View Statute 71-6320
Status: in_force

Except as otherwise provided in the Residential Lead-Based Paint Professions Practice Act, a firm shall not engage in an abatement project unless the firm holds a license for that purpose.

Laws 1994, LB 1210, § 168;

Laws 1999, LB 863, § 43;

Laws 2007, LB463, § 1273.
Neb. Rev. Stat. § 71-4836 — NE Code / Chapter 71 / Section 71-4836
View Statute 71-4836
Status: in_force

(a) A document of gift need not be delivered during the donor's lifetime to be effective.

(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under section 71-4834 .

Laws 2010, LB1036, § 13.
Neb. Rev. Stat. § 71-6039 — NE Code / Chapter 71 / Section 71-6039
View Statute 71-6039
Status: in_force

(1) No person shall act as a nurse aide for a service provider under the medicaid comprehensive developmental disabilities waiver for services as defined in section 71-6501 , or in a facility or a distinct part of a facility that provides care as defined in section 71-405 , 71-406 , 71-409 , 71-412 , 71-416 , 71-417 , 71-418 , 71-419 , 71-420 , 71-421 , 71-422 , 71-424 , 71-426 , 71-427 , or 71-429 unless such person:

(a) Is at least sixteen years of age and has not been convicted of a crime involving moral turpitude;

(b) Is able to speak and understand the English language or a language understood by a substantial portion of the facility residents; and

(c) Has successfully completed a basic course of training approved by the department for nurse aides within one hundred twenty days of initial employment in the capacity of a nurse aide.

(2)(a) A registered nurse or licensed practical nurse whose license has been revoked, suspended, or voluntarily surrendered in lieu of discipline may not act as a nurse aide for a service provider or in a facility described in subsection (1) of this section.

(b) If a person registered as a nurse aide becomes licensed as a registered nurse or licensed practical nurse, his or her registration as a nurse aide becomes null and void as of the date of licensure.

(c) A person listed on the Nurse Aide Registry with respect to whom a finding of conviction has been placed on the registry may petition the department to have such finding removed at any time after one year has elapsed since the date such finding was placed on the registry.

(3) The department may prescribe a curriculum for training nurse aides and may adopt and promulgate rules and regulations for such courses of training. The content of the courses of training and competency evaluation programs shall be consistent with federal requirements unless exempted. The department may approve courses of training if such courses of training meet the requirements of this section. Such courses of training shall include instruction on the responsibility of each nurse aide to report suspected abuse or neglect pursuant to sections 28-372 and 28-711 . Nursing homes may carry out approved courses of training within the nursing home, except that nursing homes may not conduct the competency evaluation part of the program. The prescribed training shall be administered by a licensed registered nurse.

(4) For nurse aides at intermediate care facilities for persons with developmental disabilities, such courses of training shall be no less than twenty hours in duration and shall include at least fifteen hours of basic personal care training and five hours of basic therapeutic and emergency procedure training, and for nurse aides at all nursing homes other than intermediate care facilities for persons with developmental disabilities, such courses shall be no less than seventy-five hours in duration.

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

Laws 1983, LB 273, § 2;

Laws 1984, LB 416, § 11;

Laws 1986, LB 921, § 11;

Laws 1988, LB 463, § 49;

Laws 1990, LB 1080, § 7;

Laws 1994, LB 1210, § 149;

Laws 2004, LB 1005, § 111;

Laws 2007, LB185, § 43;

Laws 2007, LB463, § 1236;

Laws 2013, LB23, § 38;

Laws 2017, LB417, § 14;

Laws 2025, LB42, § 2.
Neb. Rev. Stat. § 71-9404 — NE Code / Chapter 71 / Section 71-9404
View Statute 71-9404
Status: in_force

(1) If a patient or a patient’s legal guardian designates a caregiver, the hospital shall record in the patient’s medical record the designated caregiver’s name, his or her relationship to the patient, and the caregiver’s telephone number, residence address, and other contact information.

(2) A patient or a patient’s legal guardian may change the caregiver designation at any time. The hospital shall document the change in the patient’s medical record before the patient's discharge.

(3) A person designated as a caregiver is not obligated to accept such designation or to perform aftercare for the designating patient or patient's legal guardian.

Laws 2016, LB698, § 10.
Neb. Rev. Stat. § 71-8611 — NE Code / Chapter 71 / Section 71-8611
View Statute 71-8611
Status: in_force

For the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of blind persons, and stimulating blind persons to greater efforts in striving to make themselves self-supporting, the commission shall administer and operate vending facilities programs pursuant to the federal Randolph-Sheppard Act, as the act existed on January 1, 2019, 20 U.S.C. 107 et seq. Blind persons licensed by the commission pursuant to its rules and regulations are authorized to operate vending facilities in any federally owned building or on any federally owned or controlled property, in any state-owned building or on any property owned or controlled by the state, or on any property owned or controlled by any county, city, or municipality with the approval of the local governing body, when, in the judgment of the director of the commission, such vending facilities may be properly and satisfactorily operated by blind persons. With respect to vending facilities in any state-owned building or on any property owned or controlled by the state, priority shall be given to blind persons, except that this shall not apply to the Game and Parks Commission or the University of Nebraska. If a blind person is selected to operate vending facilities in such building or on such property, he or she shall do so on a rent-free basis and offer products at prices comparable to similar products sold in similar buildings or on similar property.

Laws 1961, c. 443, § 1, p. 1363;

Laws 1973, LB 32, § 1;

Laws 1976, LB 674, § 3;

Laws 1996, LB 1044, § 929;

R.S.1943, (1999), § 83-210.03;

Laws 2000, LB 352, § 11;

Laws 2004, LB 1005, § 134;

Laws 2012, LB858, § 4;

Laws 2019, LB220, § 2.
Neb. Rev. Stat. § 71-4734 — NE Code / Chapter 71 / Section 71-4734
View Statute 71-4734
Status: in_force

Sections 71-4734 to 71-4744 shall be known and may be cited as the Infant Hearing Act.

Laws 2000, LB 950, § 1.
Neb. Rev. Stat. § 71-9511 — NE Code / Chapter 71 / Section 71-9511
View Statute 71-9511
Status: in_force

A direct provider may provide primary care services to a patient who is not a party to a direct agreement with that provider and may receive payment for the services.

Laws 2016, LB817, § 11.
Neb. Rev. Stat. § 71-5907 — NE Code / Chapter 71 / Section 71-5907
View Statute 71-5907
Status: in_force

For purposes of the State Fire Code under section 81-503.01 , an assisted-living facility shall be classified as (1) residential board and care if the facility meets the residential board and care classification requirements of the State Fire Code or (2) limited care if the facility meets the limited care classification requirements of the State Fire Code.

Laws 2004, LB 1005, § 51;

Laws 2019, LB195, § 1.
Neb. Rev. Stat. § 71-6910 — NE Code / Chapter 71 / Section 71-6910
View Statute 71-6910
Status: in_force

(1) Nothing in sections 71-6901 to 71-6911 shall be construed as creating or recognizing a right to abortion.

(2) It is not the intent of sections 71-6901 to 71-6911 to make lawful an abortion that is currently unlawful.

Laws 2011, LB690, § 14.
Neb. Rev. Stat. § 71-4831 — NE Code / Chapter 71 / Section 71-4831
View Statute 71-4831
Status: in_force

(a) Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under section 71-4828 or an amendment to an anatomical gift of the donor's body or part under section 71-4829 .

(b) A donor's revocation of an anatomical gift of the donor's body or part under section 71-4829 is not a refusal and does not bar another person specified in section 71-4827 or 71-4832 from making an anatomical gift of the donor's body or part under section 71-4828 or 71-4833 .

(c) If a person other than the donor has made an unrevoked anatomical gift of the donor's body or part under section 71-4828 or an amendment to an anatomical gift of the donor's body or part under section 71-4829 , another person who is not the donor may not make, amend, or revoke the gift of the donor's body or part under section 71-4833 .

(d) A revocation of an anatomical gift of a donor's body or part under section 71-4829 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under section 71-4828 or 71-4833 .

(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 71-4827 , an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.

(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 71-4827 , an anatomical gift of a part for one or more of the purposes set forth in section 71-4827 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under section 71-4828 or 71-4833 .

(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.

(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.

Laws 2010, LB1036, § 8.
Neb. Rev. Stat. § 71-7460.01 — NE Code / Chapter 71 / Section 71-7460.01
View Statute 71-7460.01
Status: in_force

Every wholesale drug distributor licensed under the Wholesale Drug Distributor Licensing Act shall be subject to and comply with sections 38-1,124 to 38-1,126 relating to reporting and investigations.

Laws 2007, LB463, § 1297.
Neb. Rev. Stat. § 38-1204 — NE Code / Chapter 71 / Section 38-1204
38-1204
Status: in_force

For purposes of the Emergency Medical Services Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1204.01 to 38-1214 apply.

Laws 1997, LB 138, § 4;

R.S.1943, (2003), § 71-5175;

Laws 2007, LB296, § 602;

Laws 2007, LB463, § 488;

Laws 2018, LB1034, § 9;

Laws 2020, LB1002, § 14.
Neb. Rev. Stat. § 71-6214 — NE Code / Chapter 71 / Section 71-6214
View Statute 71-6214
Status: in_force

Professional license shall mean an individual nontransferable authorization to work in a health profession based on qualifications which include graduation from an accredited or approved program and acceptable performance on a qualifying examination or series of examinations.

Laws 1985, LB 407, § 14.
Neb. Rev. Stat. § 71-5901 — NE Code / Chapter 71 / Section 71-5901
View Statute 71-5901
Status: in_force

Sections 71-5901 to 71-5909 shall be known and may be cited as the Assisted-Living Facility Act.

Laws 2004, LB 1005, § 45;

Laws 2019, LB571, § 1.
Neb. Rev. Stat. § 71-9102 — NE Code / Chapter 71 / Section 71-9102
View Statute 71-9102
Status: in_force

(1) The Legislature finds that concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities and that the risk of catastrophic injury or death is significant when a concussion or brain injury is not properly evaluated and managed.

(2) The Legislature further finds that concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions occur with or without loss of consciousness, but the vast majority occur without loss of consciousness.

(3) The Legislature further finds that continuing to play with a concussion or symptoms of brain injury leaves a young athlete especially vulnerable to greater injury and even death. The Legislature recognizes that, despite having generally recognized return-to-play standards for concussion and brain injury, some young athletes are prematurely returned to play, resulting in actual or potential physical injury or death.

Laws 2011, LB260, § 2.
Neb. Rev. Stat. § 71-4821 — NE Code / Chapter 71 / Section 71-4821
View Statute 71-4821
Status: in_force

Each physician may inquire of a new patient who is at least eighteen years of age and younger than forty-five years of age on the new patient's intake form as to whether the patient is registered with the bone marrow registry. If the patient states that the patient is not registered with the bone marrow registry, the physician may provide information developed and disseminated by the Department of Health and Human Services regarding the bone marrow registry to the patient.

Laws 2020, LB541, § 2.
Neb. Rev. Stat. § 71-6321 — NE Code / Chapter 71 / Section 71-6321
View Statute 71-6321
Status: in_force

(1) The department shall administer the Residential Lead-Based Paint Professions Practice Act.

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

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

(a) For an annual firm license or license renewal, not less than two hundred dollars or more than five hundred dollars;

(b) For accreditation of a training program, not less than one thousand dollars or more than two thousand five hundred dollars, which fee shall include one onsite inspection if such inspection is required by the department;

(c) For accreditation of a review course or a 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 such inspection is required by the department;

(d) For onsite inspections other than initial inspections, 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 abatement project is in progress; and

(e) For a project review of each abatement project of a licensed firm, not less than two hundred dollars or more than five hundred dollars.

Any business applicant whose application is rejected shall be allowed the return of the application fee, except that an administrative charge of one hundred dollars for a firm license and for accreditation of a training program shall be retained by the department.

All fees shall be based on the costs of administering the 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 abatement project the department shall conduct an onsite inspection of each licensed firm's procedures for performing abatement projects.

(5) The department may enter into agreements or contracts with public agencies to conduct any inspections required under the act if such agencies have the appropriate licensure or accreditation as described in the act.

(6) The department shall adopt and promulgate rules and regulations defining work practices for abatement projects, for the licensure of lead-based paint professions, for the accreditation of training programs, for the accreditation of training program providers, for the dissemination of prerenovation information to homeowners and occupants, for the facilitation of compliance with federal lead-based paint hazard control grant programs, and for the implementation of lead-based paint compliance monitoring and enforcement activities. The department may provide for alternatives to specific work practices when the health, safety, and welfare of all classes of lead-based paint professions and the general public are adequately protected.

ts, for the facilitation of compliance with federal lead-based paint hazard control grant programs, and for the implementation of lead-based paint compliance monitoring and enforcement activities. The department may provide for alternatives to specific work practices when the health, safety, and welfare of all classes of lead-based paint professions 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. Any funds applied for, received, or used by the department or any political subdivision from the federal government or any public entity may be used only to abate lead-based paint hazards and for the administration of lead-based paint programs which address health and environmental hazards caused by lead-based paint.

Laws 1994, LB 1210, § 169;

Laws 1996, LB 1044, § 764;

Laws 1999, LB 863, § 44;

Laws 2001, LB 668, § 3;

Laws 2002, LB 1021, § 101;

Laws 2003, LB 242, § 145;

Laws 2007, LB296, § 661;

Laws 2007, LB463, § 1274;

Laws 2020, LB381, § 71.
Neb. Rev. Stat. § 71-6319.29 — NE Code / Chapter 71 / Section 71-6319.29
View Statute 71-6319.29
Status: in_force

Lead-based paint profession means one of the specific types or categories of lead-based paint activities identified in the Residential Lead-Based Paint Professions Practice Act for which individuals may receive training from an accredited training program and become licensed by the department.

Laws 1999, LB 863, § 31;

Laws 2007, LB463, § 1271.
Neb. Rev. Stat. § 71-9608 — NE Code / Chapter 71 / Section 71-9608
View Statute 71-9608
Status: in_force

A good-faith recommendation to an eligible patient regarding access to treatment with an investigational drug, biological product, or device shall not subject the health care provider to discipline or an adverse licensure action.

This section does not preclude any penalties under federal law, including 42 U.S.C. 1395.

Laws 2018, LB117, § 8.
Neb. Rev. Stat. § 71-3810 — NE Code / Chapter 71 / Section 71-3810
View Statute 71-3810
Status: in_force

(1) Any processor or retailer that violates any section of the Kratom Consumer Protection Act, including those related to the application or registration, or any of the rules and regulations adopted and promulgated by the department that apply to processors or kratom products shall be subject to the penalties provided in this section.

(2) For the first violation, the department shall impose a civil penalty of up to one thousand dollars. For the second violation, the department shall impose a civil penalty of up to five thousand dollars. For a third violation and any subsequent violations, the department shall impose a civil penalty of at least five thousand dollars and no more than twenty thousand dollars and, if the violator is a processor, the department shall prohibit the sale of any kratom products of such processor within the State of Nebraska for a period of three years.

(3) For any processor or retailer that has no violation for a period of four consecutive years, a new violation shall be treated as a first violation.

(4) No determination that a violation has occurred shall be made until notice has been given and a hearing has been held by the Tax Commissioner as provided in section 71-3811 if requested by the processor or retailer.

(5) A retailer shall not be found to be in violation of the Kratom Consumer Protection Act if it is shown by a preponderance of the evidence that the retailer relied in good faith upon the representation of a processor that a product is not an adulterated kratom product as defined in section 71-3809 or otherwise conformed to the act.

Laws 2025, LB230, § 10.
Neb. Rev. Stat. § 71-5735 — NE Code / Chapter 71 / Section 71-5735
View Statute 71-5735
Status: in_force

(1) The owner of a tobacco retail outlet shall post a sign on all entrances to the tobacco retail outlet, on the outside of each door, in a conspicuous location slightly above or next to the door, with the following statement: SMOKING OF CIGARS AND PIPES IS ALLOWED INSIDE THIS BUSINESS. SMOKING OF CIGARETTES AND ELECTRONIC SMOKING DEVICES IS NOT ALLOWED.

(2) Beginning November 1, 2015, the owner shall provide to the Division of Public Health a copy of a waiver signed prior to employment by each employee on a form prescribed by the division. The waiver shall expressly notify the employee that he or she will be exposed to second-hand smoke, and the employee shall acknowledge that he or she understands the risks of exposure to second-hand smoke.

(3) The owner shall not allow cigarette smoking or the use of an electronic smoking device in the tobacco retail outlet.

Laws 2015, LB118, § 11;

Laws 2020, LB840, § 8.
Neb. Rev. Stat. § 71-7615 — NE Code / Chapter 71 / Section 71-7615
View Statute 71-7615
Status: in_force

Sections 71-7615 to 71-7622 shall be known and may be cited as the Native American Public Health Act.

Laws 1998, LB 1070, § 11.
Neb. Rev. Stat. § 71-4903 — NE Code / Chapter 71 / Section 71-4903
View Statute 71-4903
Status: in_force

The Department of Health and Human Services shall:

(1) Develop standards for determining eligibility for care and treatment under this program and establish standards and qualifications of those patients unable to pay for treatment of chronic renal disease on a continuing basis. Such standards shall require that an individual:

(a) Shall be a bona fide resident of the State of Nebraska;

(b) Shall not be able to pay the total cost of such needed care and treatment without depriving himself or herself or those legally dependent upon him or her for their necessities of life;

(c) Shall not have deprived himself or herself, directly or indirectly, of any property for the purpose of qualifying for assistance under the provisions of sections 71-4901 to 71-4905 ;

(d) Shall not have relatives legally responsible to provide such care and treatment who refuse or neglect to provide such care and treatment in whole or in part without good cause; and

(e) Shall be a proper candidate for such care and treatment, including willingness of that person to receive such care and treatment;

(2) Assist in the development and expansion of programs for the care and treatment of persons suffering from chronic renal diseases, including dialysis, transplant, and other medical procedures and techniques which will have a life-saving effect in the care and treatment of persons suffering from these diseases;

(3) Assist in the development of programs for the prevention of chronic renal diseases;

(4) Extend financial assistance to persons suffering from chronic renal diseases in obtaining the medical, nursing, pharmaceutical, and technical services necessary in caring for such diseases, including the renting of home dialysis equipment, and extend financial assistance to donors to persons suffering from chronic renal diseases in obtaining the medical, nursing, pharmaceutical, and technical services necessary in caring for such donors;

(5) Assist in equipping dialysis centers and the planning of such on the basis of consultation with the comprehensive health planning office; and

(6) Institute and carry on an educational program among physicians, hospitals, public health departments, and the public concerning chronic renal diseases, including the dissemination of information and the conducting of educational programs concerning the prevention of chronic renal diseases and the methods for the care and treatment of persons suffering from these diseases.

Laws 1972, LB 1270, § 3;

Laws 1996, LB 1044, § 688;

Laws 2002, LB 93, § 17.
Neb. Rev. Stat. § 71-6227 — NE Code / Chapter 71 / Section 71-6227
View Statute 71-6227
Status: in_force

(1) The director may, with the advice of the board, adopt and promulgate rules and regulations necessary to carry out the Nebraska Regulation of Health Professions Act.

(2) The director shall provide all necessary professional and clerical services to assist the committees and the board. Records of all official actions and minutes of all business coming before the committees and the board shall be kept. The director shall be the custodian of all records, documents, and other property of the committees and the board.

(3) Committee members shall receive no salary but shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177 .

Laws 1985, LB 407, § 27;

Laws 2020, LB381, § 69.
Neb. Rev. Stat. § 71-4730 — NE Code / Chapter 71 / Section 71-4730
View Statute 71-4730
Status: in_force

The commission may make agreements with other state agencies and may contract with other individuals, organizations, corporations, associations, or other legal entities including private agencies or any department or agency of the federal government or the state or any political subdivision thereof, to carry out the functions and purposes of the commission.

Laws 1979, LB 101, § 11.
Neb. Rev. Stat. § 71-6740 — NE Code / Chapter 71 / Section 71-6740
View Statute 71-6740
Status: in_force

The department may maintain an action for an injunction in the name of the state for violation of the Medication Aide Act or the rules and regulations.

Laws 1998, LB 1354, § 30.
Neb. Rev. Stat. § 71-8506 — NE Code / Chapter 71 / Section 71-8506
View Statute 71-8506
Status: in_force

(1) In-person contact between a health care practitioner and a patient shall not be required under the medical assistance program established pursuant to the Medical Assistance Act and Title XXI of the federal Social Security Act, as amended, for health care services delivered through telehealth that are otherwise eligible for reimbursement under such program and federal act. Such services shall be subject to reimbursement policies developed pursuant to such program and federal act. This section also applies to managed care plans which contract with the department pursuant to the Medical Assistance Act only to the extent that:

(a) Health care services delivered through telehealth are covered by and reimbursed under the medicaid fee-for-service program; and

(b) Managed care contracts with managed care plans are amended to add coverage of health care services delivered through telehealth and any appropriate capitation rate adjustments are incorporated.

(2) The reimbursement rate for a telehealth consultation shall, as a minimum, be set at the same rate as the medical assistance program rate for a comparable in-person consultation, and the rate shall not depend on the distance between the health care practitioner and the patient.

(3) The department shall establish rates for transmission cost reimbursement for telehealth consultations, considering, to the extent applicable, reductions in travel costs by health care practitioners and patients to deliver or to access health care services and such other factors as the department deems relevant. Such rates shall include reimbursement for all two-way, real-time, interactive communications, unless provided by an Internet service provider, between the patient and the physician or health care practitioner at the distant site which comply with the federal Health Insurance Portability and Accountability Act of 1996 and rules and regulations adopted thereunder and with regulations relating to encryption adopted by the federal Centers for Medicare and Medicaid Services and which satisfy federal requirements relating to efficiency, economy, and quality of care.

Laws 1999, LB 559, § 6;

Laws 2006, LB 1248, § 82;

Laws 2013, LB556, § 6;

Laws 2014, LB1076, § 2.

Medical Assistance Act, see section 68-901 .
Neb. Rev. Stat. § 71-6905 — NE Code / Chapter 71 / Section 71-6905
View Statute 71-6905
Status: in_force

No filing fees or costs shall be required of any pregnant woman at either the trial or appellate level for any proceedings pursuant to sections 71-6901 to 71-6911 .

Laws 1991, LB 425, § 5;

Laws 2011, LB690, § 9.
Neb. Rev. Stat. § 71-8209 — NE Code / Chapter 71 / Section 71-8209
View Statute 71-8209
Status: in_force

Complete data set means a predetermined set of demographic and medical definitions that includes the minimum data set with additional data points as set forth in the rules and regulations adopted under the Statewide Trauma System Act.

Laws 1997, LB 626, § 9.
Neb. Rev. Stat. § 71-4410 — NE Code / Chapter 71 / Section 71-4410
View Statute 71-4410
Status: in_force

The owner of any domestic or hybrid animal or any person who violates any of the provisions of sections 71-4401 to 71-4412 shall be guilty of a Class V misdemeanor. When the owner of any domestic or hybrid animal or other animal fails or refuses to comply with section 71-4406 or 71-4407 , the rabies control authority shall obtain an order for seizure of such animal pursuant to Chapter 29, article 8.

Laws 1969, c. 445, § 10, p. 1488;

Laws 1978, LB 685, § 1;

Laws 1987, LB 104, § 10;

Laws 2007, LB25, § 12.
Neb. Rev. Stat. § 71-9005 — NE Code / Chapter 71 / Section 71-9005
View Statute 71-9005
Status: in_force

The Domestic Violence and Sex Trafficking Survivor Housing Assistance Fund is created. The fund shall be administered by the department and shall contain money transferred by the Legislature and money received from any public or private source. The fund shall be used for purposes of the Domestic Violence and Sex Trafficking Survivor Assistance Act. 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 2025, LB78, § 4.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-6917 — NE Code / Chapter 71 / Section 71-6917
View Statute 71-6917
Status: in_force

No woman upon whom an abortion is attempted, induced, or performed shall be liable for a violation of the Preborn Child Protection Act.

Laws 2023, LB574, § 6.
Neb. Rev. Stat. § 71-8903 — NE Code / Chapter 71 / Section 71-8903
View Statute 71-8903
Status: in_force

For purposes of the Veterinary Drug Distribution Licensing Act, the definitions found in sections 71-8904 to 71-8911 shall apply.

Laws 2008, LB1022, § 3.
Neb. Rev. Stat. § 71-8207 — NE Code / Chapter 71 / Section 71-8207
View Statute 71-8207
Status: in_force

Basic level trauma center means a trauma center which has a trauma-trained physician, advanced practice registered nurse, or physician assistant available within thirty minutes to provide stabilization and transfer to a higher level trauma center when appropriate, which has basic equipment for resuscitation and stabilization, which maintains appropriate equipment for pediatric trauma patients for resuscitation and stabilization, and which may provide limited surgical intervention based upon the expertise of available onsite staff.

Laws 1997, LB 626, § 7;

Laws 2000, LB 1115, § 86;

Laws 2009, LB195, § 89.
Neb. Rev. Stat. § 71-6501 — NE Code / Chapter 71 / Section 71-6501
View Statute 71-6501
Status: in_force

For purposes of sections 71-6501 to 71-6504 :

(1) Activities of daily living has the definition found in section 71-6602 ;

(2) Attendant services means services provided to nonmedically fragile persons, including hands-on assistance with activities of daily living, transfer, grooming, bathing, medication reminders, and similar activities;

(3) Companion services means the provision of companionship and assistance with letter writing, reading, and similar activities;

(4) Homemaker services means assistance with household tasks, including, but not limited to, housekeeping, personal laundry, shopping, incidental transportation, and meals;

(5) In-home personal services means attendant services, companion services, and homemaker services that do not require the exercise of medical or nursing judgment provided to a person in his or her residence to enable the person to remain safe and comfortable in such residence;

(6) In-home personal services agency means an entity that provides or offers to provide in-home personal services for compensation by employees of the agency or by persons with whom the agency has contracted to provide such services. In-home personal services agency does not include a local public health department as defined in section 71-1626 , a health care facility as defined in section 71-413 , a health care service as defined in section 71-415 , programs supported by the federal Corporation for National and Community Service, an unlicensed home care registry or similar entity that screens and schedules independent contractors as caregivers for persons, or an agency that provides only housecleaning services. A home health agency may be an in-home personal services agency; and

(7) In-home personal services worker means a person who meets the requirements of section 71-6502 and provides in-home personal services.

Laws 2007, LB236, § 39;

Laws 2022, LB824, § 1.
Neb. Rev. Stat. § 71-4608 — NE Code / Chapter 71 / Section 71-4608
View Statute 71-4608
Status: in_force

(1) Any person who is in violation of any provision of the Uniform Standard Code for Manufactured Homes and Recreational Vehicles regarding a used manufactured home or recreational vehicle or who manufactures unless destined for sale outside the United States, sells, offers for sale, or leases in this state any used manufactured home or recreational vehicle manufactured more than four months after May 27, 1975, which does not bear the federal manufactured-home label or the recreational-vehicle seal issued by this state or by a state which has been placed on the reciprocity list as required by the code shall be guilty of a Class I misdemeanor. Nothing in the Uniform Standard Code for Manufactured Homes and Recreational Vehicles shall be construed to require a seal for any recreational vehicle manufactured in this state which is sold or leased outside this state.

(2) No person shall:

(a) Manufacture for sale, lease, sell, offer for sale or lease, or introduce, deliver, or import into this state any manufactured home or recreational vehicle which is manufactured on or after the effective date of any applicable standard of the commission which does not comply with such standard;

(b) Fail or refuse to permit access to or copying of records, fail to make reports or provide information, or fail or refuse to permit entry or inspection as provided in section 71-4610 ;

(c) Fail to furnish notification to the purchaser of any manufactured home of any defect as required by 42 U.S.C. 5414 or to the purchaser of any recreational vehicle as provided in section 71-4616 ;

(d) Fail to issue a certification required by 42 U.S.C. 5415 or issue a certification to the effect that a manufactured home conforms to all applicable Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect;

(e) Fail to establish and maintain such records, make such reports, and provide such information as the commission may reasonably require to enable it to determine whether there is compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. 5401 et seq., or the standards adopted by the commission for recreational-vehicle construction or fail to permit, upon request of a person duly authorized by the commission, inspection of appropriate books, papers, records, and documents relative to determining whether a manufacturer, distributor, or dealer has acted or is acting in compliance with the Uniform Standard Code for Manufactured Homes and Recreational Vehicles or with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. 5401 et seq.; or

(f) Issue a certification pursuant to 42 U.S.C. 5403(a) if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect.

(3) Subdivision (2)(a) of this section shall not apply to the sale or the offer for sale of any manufactured home or recreational vehicle after the first purchase of it in good faith for purposes other than resale.

Issue a certification pursuant to 42 U.S.C. 5403(a) if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect.

(3) Subdivision (2)(a) of this section shall not apply to the sale or the offer for sale of any manufactured home or recreational vehicle after the first purchase of it in good faith for purposes other than resale.

(4) Subdivision (2)(a) of this section shall not apply to any person who establishes that he or she did not have reason to know in the exercise of due care that such manufactured home or recreational vehicle was not in conformity with applicable Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280, or the standards adopted by the commission for recreational-vehicle construction or any person who, prior to such first purchase, holds a certificate by the manufacturer or importer of such manufactured home or recreational vehicle to the effect that such manufactured home conforms to all applicable Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280, or that such recreational vehicle conforms to the standards adopted by the commission for recreational-vehicle construction unless such person knows that such manufactured home or recreational vehicle does not so conform.

(5) Any person or officer, director, or agent of a corporation who willfully or knowingly violates subsection (2) of this section in any manner which threatens the health or safety of any purchaser shall be guilty of a Class I misdemeanor.

(6) The commission may administratively fine pursuant to section 75-156 any person who violates the Uniform Standard Code for Manufactured Homes and Recreational Vehicles or any rule or regulation adopted and promulgated under the code.

Laws 1969, c. 557, § 8, p. 2274;

Laws 1975, LB 300, § 20;

Laws 1977, LB 39, § 176;

Laws 1985, LB 313, § 12;

Laws 1993, LB 536, § 90;

Laws 1996, LB 1155, § 35;

Laws 1998, LB 1073, § 132;

Laws 2005, LB 319, § 2;

Laws 2008, LB797, § 16.
Neb. Rev. Stat. § 71-4905 — NE Code / Chapter 71 / Section 71-4905
View Statute 71-4905
Status: in_force

The Director of Administrative Services is hereby authorized and directed to draw his warrants upon the proper funds in the state treasury for, but never in excess of, the sums herein specified upon presentation of proper vouchers. The State Treasurer shall pay the warrants out of money in the proper funds not otherwise appropriated.

Laws 1972, LB 1270, § 6.
Neb. Rev. Stat. § 71-6310.01 — NE Code / Chapter 71 / Section 71-6310.01
View Statute 71-6310.01
Status: in_force

(1) The department shall approve training courses for each classification of asbestos occupation. Applicants for course approval shall meet the requirements for each course and shall submit an application on forms provided by the department together with the prescribed fee. Approved course providers shall use only approved instructors to teach each training course. The department shall conduct onsite inspections of the training courses offered by course providers.

(2) In order to be approved by the department, an initial inspector training course shall meet the following requirements: A three-day training course including lectures, demonstrations, a field trip, at least four hours of hands-on training, individual respirator-fit testing, and a written examination; background information on asbestos and potential health effects related to exposure to asbestos; functions, qualifications, and the role of inspectors; legal liabilities and defenses; understanding building systems; public, employee, and occupant relations; preinspection planning and review of previous inspection records and inspecting for friable and nonfriable asbestos-containing material and assessing the condition of asbestos-containing material; bulk sampling and documentation of asbestos; inspector respiratory protection and personal protective equipment; and record keeping and inspection report writing, regulatory review, and course review. The written examination shall be approved and may be administered by the department and shall be composed of questions covering subjects dealing with the course content. The passing score shall be determined by the department.

(3) In order to be approved by the department, an initial management planner training course shall meet the following requirements: A three-day inspector training course as outlined in subsection (2) of this section and a two-day management planner training course including lectures, demonstrations, and a written examination; course overview; evaluation and interpretation of survey results, hazard assessment, and legal implications; evaluation and selection of control options; role of other professionals; developing an operations and maintenance plan; and regulatory review, record keeping for the management planner, assembling and submitting the management plan, financing abatement actions, and course review. The written examination shall be approved and may be administered by the department and shall be composed of questions covering subjects dealing with the course content. The passing score shall be determined by the department.

(4) In order to be approved by the department, an initial project designer training course shall meet the following requirements: A three-day training course including lectures, demonstrations, a field trip, and a written examination; background information on asbestos and potential health effects related to asbestos exposure; overview of abatement construction projects; safety system design specifications, employee personal protective equipment, and additional safety hazards; fiber aerodynamics and control, designing abatement solutions, final clearance process, and budgeting and cost estimation; writing abatement specifications and preparing abatement drawings; contract preparation and administration and legal liabilities and defenses; replacement of asbestos with asbestos-free substitutes; role of other consultants; occupied buildings; and relevant federal, state, and local regulatory requirements and course review. The written examination shall be approved and may be administered by the department and shall be composed of questions covering subjects dealing with the course content. The passing score shall be determined by the department.

of asbestos with asbestos-free substitutes; role of other consultants; occupied buildings; and relevant federal, state, and local regulatory requirements and course review. The written examination shall be approved and may be administered by the department and shall be composed of questions covering subjects dealing with the course content. The passing score shall be determined by the department.

(5) In order to be approved by the department, an initial project monitor training course shall meet the following requirements: A five-day asbestos training course including lectures, demonstrations, at least six hours of hands-on training, and a written examination; roles and responsibilities of the project monitor; characteristics of asbestos and asbestos-containing materials; federal and state asbestos regulation overview; understanding building construction and building systems; asbestos abatement contracts, specifications, and drawings; response actions and abatement practices; asbestos abatement equipment; personal protective equipment; air monitoring strategies; safety and health issues other than asbestos; conducting visual inspections; final clearance process; legal responsibilities and liabilities of project monitors; record keeping and report writing; and course review. The written examination shall be approved and may be administered by the department and shall be composed of questions covering subjects dealing with the course content. The passing score shall be determined by the department.

(6) In order to be approved by the department, an initial supervisor training course shall meet the following requirements: A five-day asbestos training course including lectures, demonstrations, at least fourteen hours of hands-on training, individual respirator-fit testing, and a written examination; the physical characteristics of asbestos and asbestos-containing materials and potential health effects related to asbestos exposure; employee personal protective equipment, state-of-the-art work practices, personal hygiene, additional safety hazards, medical monitoring, and air monitoring; relevant federal, state, and local regulatory requirements; respiratory protection programs, medical surveillance programs, and insurance and liability issues; record keeping for asbestos abatement projects and supervisory techniques for asbestos abatement activity; contract specifications; and course review. The written examination shall be approved and may be administered by the department and shall be composed of questions covering subjects dealing with the course content. The passing score shall be determined by the department.

(7) In order to be approved by the department, an initial worker training course shall meet the following requirements: A four-day training course including lectures, demonstrations, at least fourteen hours of hands-on training, individual respirator-fit testing, and a written examination; physical characteristics of asbestos, potential health effects related to asbestos exposure, employee personal protective equipment, state-of-the-art work practices, personal hygiene, additional safety hazards, medical monitoring, and air monitoring; relevant federal, state, and local regulatory requirements, procedures, and standards; establishment of respiratory protection programs; and course review. The written examination shall be approved and may be administered by the department and shall be composed of questions covering subjects dealing with the course content. The passing score shall be determined by the department.

d air monitoring; relevant federal, state, and local regulatory requirements, procedures, and standards; establishment of respiratory protection programs; and course review. The written examination shall be approved and may be administered by the department and shall be composed of questions covering subjects dealing with the course content. The passing score shall be determined by the department.

(8) In order to be approved by the department, a course on Nebraska law, rules, and regulations required by subsection (3) of section 71-6310 shall consist of at least four hours of training on Nebraska law, rules, and regulations relating to asbestos. The written examination shall be approved and may be administered by the department. The passing score shall be determined by the department.

Laws 1988, LB 1073, § 14;

Laws 1995, LB 406, § 76;

Laws 2007, LB463, § 1251.
Neb. Rev. Stat. § 71-5803.12 — NE Code / Chapter 71 / Section 71-5803.12
View Statute 71-5803.12
Status: in_force

Person means an individual, a trust or estate, a partnership, a limited liability company, a corporation, including associations, joint-stock companies, and insurance companies, a state, a political subdivision or instrumentality, including a municipal corporation, of a state, or any legal entity recognized by the state.

Laws 1979, LB 172, § 22;

Laws 1982, LB 378, § 13;

Laws 1993, LB 121, § 445;

R.S.1943, (1996), § 71-5822;

Laws 1997, LB 798, § 16.