Neb. Rev. Stat. § 71-6207 — NE Code / Chapter 71 / Section 71-6207
View Statute 71-6207
Status: in_force

Committee shall mean the technical committee created in section 71-6224 .

Laws 1985, LB 407, § 7.
Neb. Rev. Stat. § 71-8907 — NE Code / Chapter 71 / Section 71-8907
View Statute 71-8907
Status: in_force

Human legend drug means any drug labeled for human use and required by federal law or regulation to be dispensed pursuant to a prescription, including finished dosage forms and active ingredients. Human legend drug does not include a device or a device component, part, or accessory.

Laws 2008, LB1022, § 7.
Neb. Rev. Stat. § 71-6902 — NE Code / Chapter 71 / Section 71-6902
View Statute 71-6902
Status: in_force

Except in the case of a medical emergency or except as provided in sections 71-6902.01 , 71-6903 , and 71-6906 , no person shall perform an abortion upon a pregnant woman unless, in the case of a woman who is less than eighteen years of age, he or she first obtains the notarized written consent of both the pregnant woman and one of her parents or a legal guardian or, in the case of a woman for whom a guardian has been appointed pursuant to sections 30-2617 to 30-2629 , he or she first obtains the notarized written consent of her guardian. In deciding whether to grant such consent, a pregnant woman's parent or guardian shall consider only his or her child's or ward's best interest.

Laws 1991, LB 425, § 2;

Laws 2011, LB690, § 4.
Neb. Rev. Stat. § 71-5730 — NE Code / Chapter 71 / Section 71-5730
View Statute 71-5730
Status: in_force

(1) The following indoor areas are exempt from section 71-5729 :

(a) Guestrooms and suites that are rented to guests and that are designated as smoking rooms, except that not more than twenty percent of rooms rented to guests in an establishment may be designated as smoking rooms. All smoking rooms on the same floor shall be contiguous, and smoke from such rooms shall not infiltrate into areas where smoking is prohibited under the Nebraska Clean Indoor Air Act;

(b) Indoor areas used in connection with a research study on the health effects of smoking conducted in a scientific or analytical laboratory under state or federal law or at a college or university approved by the Coordinating Commission for Postsecondary Education;

(c) Tobacco retail outlets; and

(d) Cigar shops as defined in section 53-103.08 .

(2) Electronic smoking device retail outlets are exempt from section 71-5729 as it relates to the use of electronic smoking devices only.

(3)(a) The Legislature finds that allowing smoking in tobacco retail outlets as a limited exception to the Nebraska Clean Indoor Air Act does not interfere with the original intent that the general public and employees not be unwillingly subjected to second-hand smoke since the general public does not frequent tobacco retail outlets and should reasonably expect that there would be second-hand smoke in tobacco retail outlets and could choose to avoid such exposure. The products that tobacco retail outlets sell are legal for customers who meet the age requirement. Customers should be able to try them within the tobacco retail outlet, especially given the way that tobacco customization may occur in how tobacco is blended and cigars are produced. The Legislature finds that exposure to second-hand smoke is inherent in the selling and sampling of cigars and pipe tobacco and that this exposure is inextricably connected to the nature of selling this legal product, similar to other inherent hazards in other professions and employment.

(b) It is the intent of the Legislature to allow cigar and pipe smoking in tobacco retail outlets that meet specific statutory criteria not inconsistent with the fundamental nature of the business. This exception to the Nebraska Clean Indoor Air Act is narrowly tailored in accordance with the intent of the act to protect public places and places of employment.

(4)(a) The Legislature finds that allowing smoking in cigar shops as a limited exception to the Nebraska Clean Indoor Air Act does not interfere with the original intent that the general public and employees not be unwillingly subjected to second-hand smoke. This exception poses a de minimis restriction on the public and employees given the limited number of cigar shops compared to other businesses that sell alcohol, cigars, and pipe tobacco, and any member of the public should reasonably expect that there would be second-hand smoke in a cigar shop given the nature of the business and could choose to avoid such exposure.

ubjected to second-hand smoke. This exception poses a de minimis restriction on the public and employees given the limited number of cigar shops compared to other businesses that sell alcohol, cigars, and pipe tobacco, and any member of the public should reasonably expect that there would be second-hand smoke in a cigar shop given the nature of the business and could choose to avoid such exposure.

(b) The Legislature finds that (i) cigars and pipe tobacco have different characteristics than other forms of tobacco such as cigarettes, (ii) cigars are customarily paired with various spirits such as cognac, single malt whiskey, bourbon, rum, rye, port, and others, and (iii) unlike cigarette smokers, cigar and pipe smokers may take an hour or longer to enjoy a cigar or pipe while cigarettes simply serve as a mechanism for delivering nicotine. Cigars paired with selected liquor creates a synergy unique to the particular pairing similar to wine paired with particular foods. Cigars are a pure, natural product wrapped in a tobacco leaf that is typically not inhaled in order to enjoy the taste of the smoke, unlike cigarettes that tend to be processed with additives and wrapped in paper and are inhaled. Cigars have a different taste and smell than cigarettes due to the fermentation process cigars go through during production. Cigars tend to cost considerably more than cigarettes, and their quality and characteristics vary depending on the type of tobacco plant, the geography and climate where the tobacco was grown, and the overall quality of the manufacturing process. Not only does the customized blending of the tobacco influence the smoking experience, so does the freshness of the cigars, which is dependent on how the cigars were stored and displayed. These variables are similar to fine wines, which can also be very expensive to purchase. It is all of these variables that warrant a customer wanting to sample the product before making such a substantial purchase.

(c) The Legislature finds that exposure to second-hand smoke is inherent in the selling and sampling of cigars and pipe tobacco and that this exposure is inextricably connected to the nature of selling this legal product, similar to other inherent hazards in other professions and employment.

(d) It is the intent of the Legislature to allow cigar and pipe smoking in cigar shops that meet specific statutory criteria not inconsistent with the fundamental nature of the business. This exception to the Nebraska Clean Indoor Air Act is narrowly tailored in accordance with the intent of the act to protect public places and places of employment.

Laws 2008, LB395, § 15;

Laws 2009, LB355, § 6;

Laws 2010, LB861, § 82;

Laws 2015, LB118, § 10;

Laws 2020, LB840, § 7.

The statutory exemptions for tobacco retail outlets and cigar bars are unconstitutional special legislation. Big John's Billiards v. State, 288 Neb. 938, 852 N.W.2d 727 (2014).

The statutory exemptions for tobacco retail outlets and cigar bars are unconstitutional special legislation. Big John's Billiards v. State, 288 Neb. 938, 852 N.W.2d 727 (2014).
Neb. Rev. Stat. § 71-6319.31 — NE Code / Chapter 71 / Section 71-6319.31
View Statute 71-6319.31
Status: in_force

Lead-contaminated soil means bare soil on residential real property or on the property of a child-occupied facility that contains lead at or in excess of levels identified by the department.

Laws 1999, LB 863, § 33;

Laws 2007, LB296, § 660.
Neb. Rev. Stat. § 71-7701 — NE Code / Chapter 71 / Section 71-7701
View Statute 71-7701
Status: in_force

Sections 71-7701 to 71-7711 shall be known and may be cited as the Health Care Facility-Provider Cooperation Act.

Laws 1994, LB 1223, § 111.
Neb. Rev. Stat. § 71-7431 — NE Code / Chapter 71 / Section 71-7431
71-7431
Status: in_force

Board means the Board of Pharmacy.

Laws 1992, LB 1019, § 5;

Laws 1999, LB 828, § 176;

R.S.1943, (2003), § 71-7405;

Laws 2006, LB 994, § 5.
Neb. Rev. Stat. § 71-3902 — NE Code / Chapter 71 / Section 71-3902
View Statute 71-3902
Status: in_force

For purposes of the Indoor Tanning Facility Act:

(1) Board means the Board of Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art;

(2) Department means the Division of Public Health of the Department of Health and Human Services;

(3) Operator means a person designated by the tanning facility owner or tanning equipment lessee to operate, or to assist and instruct in the operation and use of, the tanning facility or tanning equipment;

(4) Tanning equipment means any device that emits electromagnetic radiation with wavelengths in the air between two hundred nanometers and four hundred nanometers and that is used for tanning of the skin. Tanning equipment includes, but is not limited to, a sunlamp, tanning booth, or tanning bed; and

(5) Tanning facility means a location, place, area, structure, or business that provides access to tanning equipment. Tanning facility includes, but is not limited to, any tanning business, salon, health club, apartment, or condominium, which has tanning equipment that is made available for public or commercial use, regardless of whether a fee is charged for access to the tanning equipment.

Laws 2014, LB132, § 2.
Neb. Rev. Stat. § 71-7904 — NE Code / Chapter 71 / Section 71-7904
View Statute 71-7904
Status: in_force

Sections 71-7904 to 71-7913 shall be known and may be cited as the Health Care Quality Improvement Act.

Laws 2011, LB431, § 1;

Laws 2019, LB119, § 1.
Neb. Rev. Stat. § 71-3814 — NE Code / Chapter 71 / Section 71-3814
View Statute 71-3814
Status: in_force

Except as otherwise provided in the Kratom Consumer Protection Act, no political subdivision shall impose additional restrictions on the manufacturing, packaging, labeling, distribution, or sale of kratom products greater than or in addition to those enumerated in the act.

Laws 2025, LB230, § 14.
Neb. Rev. Stat. § 71-4208 — NE Code / Chapter 71 / Section 71-4208
View Statute 71-4208
Status: in_force

(1) Beginning on January 1, 2017, an emergency medical service licensed pursuant to the Emergency Medical Services Practice Act shall use a stroke triage assessment tool that is substantially similar to the stroke triage assessment tool adopted by the department under section 71-4207 .

(2) Beginning on January 1, 2017, a licensed emergency medical service shall establish pre-hospital-care protocols related to the assessment, treatment, and transport of a stroke patient by the emergency medical service.

Laws 2016, LB722, § 8.

Emergency Medical Services Practice Act, see section 38-1201 .
Neb. Rev. Stat. § 71-8236 — NE Code / Chapter 71 / Section 71-8236
View Statute 71-8236
Status: in_force

The State Trauma Advisory Board is created. The board shall be composed of representatives knowledgeable in emergency medical services and trauma care, including emergency medical providers such as physicians, nurses, hospital personnel, prehospital or emergency care providers, local government officials, state officials, consumers, and persons affiliated professionally with health science schools. The Director of Public Health or his or her designee shall appoint the members of the board for staggered terms of three years each. The department shall provide administrative support to the board. All members of the board may be reimbursed for expenses incurred in the performance of their duties as provided in sections 81-1174 to 81-1177 . The terms of members representing the same field shall not expire at the same time.

The board shall elect a chairperson and a vice-chairperson whose terms of office shall be for two years. The board shall meet at least twice per year by written request of the director or the chairperson.

Laws 1997, LB 626, § 36;

Laws 1998, LB 898, § 1;

Laws 1999, LB 594, § 64;

Laws 2007, LB296, § 691;

Laws 2020, LB381, § 73;

Laws 2020, LB1002, § 51;

Laws 2023, LB227, § 107.
Neb. Rev. Stat. § 71-4720.01 — NE Code / Chapter 71 / Section 71-4720.01
View Statute 71-4720.01
Status: in_force

For purposes of sections 71-4720 to 71-4732.01 :

(1) Commission means Commission for the Deaf and Hard of Hearing;

(2) Deaf means a hearing impairment, with or without amplification, which is so severe that the person with the impairment may have difficulty in auditorily processing spoken language without the use of an interpreter;

(3) Hard of hearing means a hearing loss, permanent or fluctuating, which may adversely affect the ability to understand spoken language without the use of an interpreter or auxiliary aid; and

(4) Licensed interpreter has the same meaning as in section 20-151 .

Laws 1997, LB 851, § 13;

Laws 2000, LB 352, § 17;

Laws 2001, LB 334, § 3;

Laws 2002, LB 22, § 14.
Neb. Rev. Stat. § 71-8507 — NE Code / Chapter 71 / Section 71-8507
View Statute 71-8507
Status: in_force

A health care facility licensed under the Health Care Facility Licensure Act that receives reimbursement under the Nebraska Telehealth Act for telehealth consultations shall establish quality of care protocols and patient confidentiality guidelines to ensure that such consultations meet the requirements of the act and acceptable patient care standards.

Laws 1999, LB 559, § 7;

Laws 2000, LB 819, § 147.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 71-5305 — NE Code / Chapter 71 / Section 71-5305
View Statute 71-5305
Status: in_force

(1) No major construction, extension, or alteration of a public water system shall be commenced without written authorization from the director. No such authorization shall be needed in the case of minor repairs and matters of maintenance. No such authorization shall be granted unless plans and specifications, prepared by a professional engineer, and any additional information required by the department have been submitted to the department or its designated agent for review.

(2) Upon a finding that there has been compliance with the minimum sanitary requirements adopted pursuant to section 71-5304 , authorization to proceed with construction shall be granted by the director or his or her designated agent. In issuing authorization for the development of new public water supply sources, consideration shall be given to the location and effects of other water supply systems and the location of points of discharge or disposal for solid and liquid wastes.

Laws 1976, LB 821, § 5;

Laws 1997, LB 622, § 109;

Laws 2001, LB 667, § 35.
Neb. Rev. Stat. § 71-5837 — NE Code / Chapter 71 / Section 71-5837
View Statute 71-5837
Status: in_force

An application for a certificate of need shall be filed with the department. All applications for a certificate of need shall be accompanied by a one-thousand-dollar nonrefundable fee. Such fee shall be remitted to the State Treasurer for credit to the General Fund.

Laws 1979, LB 172, § 37;

Laws 1982, LB 378, § 28;

Laws 1989, LB 429, § 24;

Laws 1993, LB 840, § 1;

Laws 1997, LB 798, § 28.
Neb. Rev. Stat. § 71-6901 — NE Code / Chapter 71 / Section 71-6901
View Statute 71-6901
Status: in_force

For purposes of sections 71-6901 to 71-6911 :

(1) Abortion means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to:

(a) Save the life or preserve the health of an unborn child;

(b) Remove a dead unborn child caused by a spontaneous abortion; or

(c) Remove an ectopic pregnancy;

(2) Coercion means restraining or dominating the choice of a pregnant woman by force, threat of force, or deprivation of food and shelter;

(3) Consent means a declaration acknowledged before a notary public and signed by a parent or legal guardian of the pregnant woman or an alternate person as described in section 71-6902.01 declaring that the principal has been informed that the pregnant woman intends to undergo a procedure pursuant to subdivision (1) of section 71-6901 and that the principal consents to the procedure;

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

(5) Emancipated means a situation in which a person under eighteen years of age has been married or legally emancipated;

(6) Facsimile copy means a copy generated by a system that encodes a document or photograph into electrical signals, transmits those signals over telecommunications lines, and then reconstructs the signals to create an exact duplicate of the original document at the receiving end;

(7) Incompetent means any person who has been adjudged a disabled person and has had a guardian appointed under sections 30-2617 to 30-2629 ;

(8) Medical emergency means a condition that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;

(9) Physician means any person licensed to practice medicine in this state as provided in the Uniform Credentialing Act. Physician includes a person who practices osteopathy; and

(10) Pregnant woman means an unemancipated woman under eighteen years of age who is pregnant or a woman for whom a guardian has been appointed pursuant to sections 30-2617 to 30-2629 because of a finding of incapacity, disability, or incompetency who is pregnant.

Laws 1991, LB 425, § 1;

Laws 2011, LB690, § 3.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-5669 — NE Code / Chapter 71 / Section 71-5669
View Statute 71-5669
Status: in_force

The office shall develop guidelines for community participation in the loan repayment program. The office shall provide consultation to potential community participants and facilitate the matching of communities and health professionals.

Laws 1991, LB 400, § 20;

Laws 1994, LB 1223, § 65;

Laws 1996, LB 1155, § 57.
Neb. Rev. Stat. § 71-8908 — NE Code / Chapter 71 / Section 71-8908
View Statute 71-8908
Status: in_force

Veterinarian-client-patient relationship means a relationship pursuant to which (1) a veterinarian has assumed the responsibility for making clinical judgments regarding the health of an animal and the need for medical treatment and the client has agreed to follow the veterinarian's instructions, (2) the veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal, meaning that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept, and (3) the veterinarian is readily available or has arranged for emergency coverage and for followup evaluation in the event of adverse reactions or the failure of the treatment regimen.

Laws 2008, LB1022, § 8.
Neb. Rev. Stat. § 71-8921 — NE Code / Chapter 71 / Section 71-8921
View Statute 71-8921
Status: in_force

(1) A veterinary drug distributor transacting commerce in this state shall establish and maintain accurate records of all transactions regarding the receipt and distribution or other disposition of veterinary legend drugs as provided in the Veterinary Drug Distribution Licensing Act.

(2) All records of receipt, distribution, or other disposal of veterinary legend drugs shall be available to the department upon request for inspection, copying, verifying, or other proper use.

(3) If a veterinary drug distributor is authorized by the department to maintain records at a central location, such records shall be made available for authorized inspections within forty-eight hours.

(4) Records kept at a central location that can be retrieved by computer or other electronic means shall be readily available for authorized inspection during the inspection period.

Laws 2008, LB1022, § 21.
Neb. Rev. Stat. § 71-6101 — NE Code / Chapter 71 / Section 71-6101
View Statute 71-6101
Status: in_force

Sections 71-6101 to 71-6108 shall be known and may be cited as the Interior Design Voluntary Registration Act.

Laws 2024, LB16, § 14.
Neb. Rev. Stat. § 71-8203 — NE Code / Chapter 71 / Section 71-8203
View Statute 71-8203
Status: in_force

For purposes of the Statewide Trauma System Act, the definitions found in sections 71-8204 to 71-8235 apply.

Laws 1997, LB 626, § 3;

Laws 2015, LB46, § 2.
Neb. Rev. Stat. § 38-1508 — NE Code / Chapter 71 / Section 38-1508
38-1508
Status: in_force

The board shall consist of five professional members and one public member appointed pursuant to section 38-158 . Members shall meet the requirements of sections 38-164 and 38-165 . The professional members shall consist of three licensed hearing instrument specialists, at least one of whom does not hold a license as an audiologist, one otolaryngologist, and one audiologist. At the expiration of the four-year terms of the members serving on December 1, 2008, successors shall be appointed for five-year terms.

Laws 1969, c. 767, § 15, p. 2914;

Laws 1981, LB 204, § 130;

Laws 1986, LB 701, § 12;

Laws 1988, LB 1100, § 160;

Laws 1992, LB 1019, § 81;

Laws 1993, LB 375, § 6;

Laws 1994, LB 1223, § 52;

Laws 1999, LB 828, § 173;

R.S.1943, (2003), § 71-4715;

Laws 2007, LB463, § 572;

Laws 2009, LB195, § 26;

Laws 2025, LB332, § 16.
Neb. Rev. Stat. § 71-6318.01 — NE Code / Chapter 71 / Section 71-6318.01
View Statute 71-6318.01
Status: in_force

(1) The Residential Lead-Based Paint Professions Practice Act contains procedures and requirements for the accreditation of training programs, procedures and requirements for the licensure of individuals and firms engaged in lead-based paint activities, and work practice standards for performing lead-based paint activities. The act also requires that, except as otherwise provided in the act, all lead-based paint activities be performed by licensed individuals and firms.

(2) The act applies to all individuals and firms who are engaged in lead-based paint activities, except persons who perform lead-based paint activities within residential dwellings that they own, unless the residential dwelling is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being performed or unless a child residing in the building has been identified as having an elevated blood-lead level.

(3) While the act establishes specific requirements for performing lead-based paint activities should they be undertaken, nothing in the act requires that the owner or occupant undertake any particular lead-based paint activity.

Laws 1999, LB 863, § 2;

Laws 2007, LB463, § 1261.
Neb. Rev. Stat. § 71-7710 — NE Code / Chapter 71 / Section 71-7710
View Statute 71-7710
Status: in_force

Nothing in the Health Care Facility-Provider Cooperation Act shall be construed to prohibit:

(1) The formation of a cooperative agreement that has been approved in whole or in part in accordance with the act;

(2) Community planning, discussions, or negotiations intended in good faith to cumulate in a cooperative agreement to be filed with the department;

(3) Any conduct or activity reasonably necessary and reasonably foreseeable to implement an approved cooperative agreement or a decision or order issued by the department; or

(4) The negotiation of or entering into a cooperative agreement which is filed with the department. Such agreements, conduct, or activities shall not be held or construed to be illegal combinations or conspiracies in restraint of trade under the act. Directors, trustees, or their representatives of a health care facility or provider who participate in the discussion or negotiation shall be immune from civil actions or criminal prosecutions for a violation of state or federal antitrust laws unless the discussion or negotiation exceeds the scope authorized by the Health Care Facility-Provider Cooperation Act.

Laws 1994, LB 1223, § 120.
Neb. Rev. Stat. § 71-8005 — NE Code / Chapter 71 / Section 71-8005
View Statute 71-8005
Status: in_force

A business enterprise shall not identify, represent, or advertise itself as a provider of industrial hygiene services provided by or under the direction and supervision of a certified industrial hygienist or a variation of such words unless the individuals directly employed by such enterprise to actually engage in any business practice which could be classified as industrial hygiene using the services of a certified industrial hygienist satisfy the requirements of the Certified Industrial Hygienist Title Protection Act. The action or intent of any business enterprise to provide for compensation the services of a certified industrial hygienist through subcontracting, subconsulting, or any means other than direct employment of a certified industrial hygienist shall be clearly conveyed in writing by the soliciting business enterprise to the prospective target audience of interest or buyer of such industrial hygiene services.

Laws 1997, LB 558, § 5.
Neb. Rev. Stat. § 71-6220.01 — NE Code / Chapter 71 / Section 71-6220.01
View Statute 71-6220.01
Status: in_force

Welfare shall include the ability of the public to achieve ready access to high quality health care services at reasonable costs.

Laws 1988, LB 384, § 4.
Neb. Rev. Stat. § 71-8803 — NE Code / Chapter 71 / Section 71-8803
View Statute 71-8803
Status: in_force

(1) The Stem Cell Research Advisory Committee is created. The committee shall consist of the dean of every medical school in Nebraska that is accredited by the Liaison Committee on Medical Education or his or her designee and additional members appointed as follows: (a) The dean of every medical school in Nebraska shall nominate three scientists from outside Nebraska conducting human stem cell research with funding from the National Institutes of Health of the United States Department of Health and Human Services; and (b) the chief medical officer as designated in section 81-3115 shall select two of such scientists from each set of nominations to serve on the committee. Appointments by the chief medical officer pursuant to this subsection shall be approved by the Legislature. Members appointed by the chief medical officer shall serve for staggered terms of three years each and until their successors are appointed and qualified. Such members may be reappointed for additional three-year terms.

(2) The committee shall meet not less than twice each year.

(3) Members of the committee not employed by medical schools in Nebraska shall receive a stipend per meeting to be determined by the Division of Public Health of the Department of Health and Human Services based on standard consultation fees, and all members of the committee shall be reimbursed for expenses incurred in service on the committee pursuant to sections 81-1174 to 81-1177 .

Laws 2008, LB606, § 3;

Laws 2020, LB381, § 76.
Neb. Rev. Stat. § 71-5670 — NE Code / Chapter 71 / Section 71-5670
View Statute 71-5670
Status: in_force

The department shall adopt and promulgate rules and regulations necessary to the administration of the Rural Health Systems and Professional Incentive Act.

Laws 1991, LB 400, § 21.
Neb. Rev. Stat. § 71-6319.13 — NE Code / Chapter 71 / Section 71-6319.13
View Statute 71-6319.13
Status: in_force

Component or building component means a specific design or structural element or a fixture of a building, residential dwelling, or child-occupied facility that is distinguished from others by form, function, and location and may include, but is not limited to, (1) interior components such as ceilings, crown moldings, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim including sashes, window heads, jambs, or sills or stools and troughs, built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners and (2) exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascia, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes, and wells, and air conditioners.

Laws 1999, LB 863, § 15.
Neb. Rev. Stat. § 71-8201 — NE Code / Chapter 71 / Section 71-8201
View Statute 71-8201
Status: in_force

Sections 71-8201 to 71-8253 shall be known and may be cited as the Statewide Trauma System Act.

Laws 1997, LB 626, § 1;

Laws 2015, LB46, § 1.
Neb. Rev. Stat. § 38-2421 — NE Code / Chapter 71 / Section 38-2421
38-2421
Status: in_force

The department may issue a license to any person who holds a current nursing home administrator license from another jurisdiction and is at least nineteen years old. An applicant for a license who is a military spouse may apply for a temporary license as provided in section 38-129.01 .

Laws 1988, LB 693, § 5;

Laws 1989, LB 733, § 3;

R.S.Supp.,1989, § 71-2041.04;

Laws 1991, LB 455, § 2;

Laws 1992, LB 1019, § 85;

Laws 1999, LB 411, § 4;

Laws 2002, LB 1062, § 57;

R.S.1943, (2003), § 71-6056;

Laws 2007, LB463, § 836;

Laws 2017, LB88, § 81.
Neb. Rev. Stat. § 71-5803.09 — NE Code / Chapter 71 / Section 71-5803.09
View Statute 71-5803.09
Status: in_force

Intermediate care facility has the same meaning as in section 71-420 and includes an intermediate care facility for persons with developmental disabilities that has sixteen or more beds. Intermediate care facility for persons with developmental disabilities has the same meaning as in section 71-421 .

Laws 1979, LB 172, § 19;

Laws 1988, LB 1100, § 174;

R.S.1943, (1996), § 71-5819;

Laws 1997, LB 798, § 13;

Laws 2000, LB 819, § 116;

Laws 2009, LB511, § 1;

Laws 2013, LB23, § 36.
Neb. Rev. Stat. § 71-5667 — NE Code / Chapter 71 / Section 71-5667
View Statute 71-5667
Status: in_force

Agreements executed prior to July 1, 2007, under the Rural Health Systems and Professional Incentive Act may be renegotiated and new agreements executed to reflect the terms required by section 71-5666 . No funds repaid by borrowers under the terms of agreements executed prior to July 1, 2007, shall be refunded. Any repayments being made under the terms of prior agreements may be discontinued upon execution of a new agreement if conditions permit. Any agreement renegotiated pursuant to this section shall be exempt from the requirements of the State Procurement Act.

Laws 1991, LB 400, § 18;

Laws 1996, LB 1155, § 55;

Laws 2007, LB374, § 2;

Laws 2009, LB196, § 2;

Laws 2012, LB858, § 2;

Laws 2015, LB196, § 8;

Laws 2024, LB461, § 27.

State Procurement Act, see section 73-801 .
Neb. Rev. Stat. § 38-2420 — NE Code / Chapter 71 / Section 38-2420
38-2420
Status: in_force

(1) Except as provided in subdivision (1)(a)(iv) of section 38-2419 and section 38-2426 , in order for a person to become licensed as a nursing home administrator, he or she shall complete an administrator-in-training program or a mentoring program. The administrator-in-training program shall occur in a nursing home under the direct supervision of a certified preceptor, and it may be gained as an internship which is part of an approved associate degree. A mentoring program shall occur in a nursing home under the supervision of a certified preceptor. The certified preceptor in a mentoring program need not be at such facility during the period of such supervision but shall be available to assist with questions or problems as needed. A mentoring program may be gained as an internship which is part of a degree or advanced degree. A person in a mentoring program may apply for a provisional license as provided in section 38-2423 .

(2) An applicant may begin his or her administrator-in-training or mentoring program upon application to the department with the required fee, evidence that he or she has completed at least fifty percent of the core educational requirements, and evidence of an agreement between the certified preceptor and the applicant for at least six hundred forty hours of training and experience, to be gained in not less than four months. Such training shall occur in a Nebraska-licensed nursing home under a certified preceptor.

(3) The certified preceptor shall submit a report to the department by the fifth day of each month for the duration of the administrator-in-training or mentoring program, describing the nature and extent of training completed to date. At the conclusion of the program, the certified preceptor shall report to the department whether the applicant has successfully completed the board's approved course for such program. With the concurrence of the certified preceptor, the applicant may remain in such program until successfully completed or may reapply to enter another administrator-in-training or mentoring program.

(4)(a) The administrator-in-training or mentoring program shall occur under the supervision of a certified preceptor. An applicant to become a certified preceptor shall (i) be currently licensed as a nursing home administrator in the State of Nebraska, (ii) have three years of experience as a nursing home administrator in the five years immediately preceding certification, and (iii) complete a preceptor training course approved by the board.

(b) All preceptor certificates shall expire on December 31 of every fourth year beginning December 31, 2000. Before acting on an application for renewal, the board shall review the performance of the applicant. Such review may include consideration of survey and complaint information, student evaluations, and any other related information deemed relevant by the board. The board may deny an application for renewal upon a finding that the applicant's performance has been unsatisfactory based on such review.

Laws 1988, LB 693, § 4;

Laws 1989, LB 733, § 2;

R.S.Supp.,1989, § 71-2041.03;

Laws 1991, LB 455, § 1;

Laws 1992, LB 1019, § 84;

Laws 1999, LB 411, § 3;

Laws 2003, LB 242, § 134;

R.S.1943, (2003), § 71-6055;

Laws 2007, LB463, § 835;

Laws 2013, LB42, § 6.
Neb. Rev. Stat. § 71-7448 — NE Code / Chapter 71 / Section 71-7448
View Statute 71-7448
Status: in_force

(1) Every applicant for an initial or renewal license as a wholesale drug distributor shall file a written application with the department. The application shall be accompanied by the fee established by the department under section 71-7450 and proof of bond or other security required under section 71-7452 and shall include the following information:

(a) The applicant's name, business address, type of business entity, and telephone number. If the applicant is a partnership, the application shall include the name of each partner and the name of the partnership. If the applicant is a corporation, the application shall include the name and title of each corporate officer and director, all corporate names of the applicant, and the applicant's state of incorporation. If the applicant is a sole proprietorship, the application shall include the name of the sole proprietor and name of the proprietorship;

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

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

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

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

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

(2) The department may require persons listed on the application to pass an examination approved by the department on laws pertaining to the wholesale distribution of prescription drugs.

(3) The application shall include the applicant's social security number if the applicant is an individual. The social security number shall not be a public record and may only be used by the department for administrative purposes.

(4) The application shall be signed by (a) the owner, if the applicant is an individual or partnership, (b) the member, if the applicant is a limited liability company with only one member, or two of its members, if the applicant is a limited liability company with two or more members, or (c) two of its officers, if the applicant is a corporation.

(5) The designated representative and the supervisor of the designated representative of a wholesale drug distributor and each owner with greater than a ten percent interest in the wholesale drug distributor, if the wholesale drug distributor is a nonpublicly held company, shall be subject to a criminal history record information check and shall provide the department or the designated agent of the department with a complete set of fingerprints for such purpose if his or her fingerprints are not already on file for such purpose. The department or the designated agent of the department shall forward such fingerprints to the Nebraska State Patrol to be submitted to the Federal Bureau of Investigation for a national criminal history record information check. Such persons shall authorize the release of the results of such criminal history record information check to the department, and the applicant shall pay the actual cost of such fingerprinting and such criminal history record information check.

(6) The department may waive certain requirements under this section upon proof satisfactory to the department that such requirements are duplicative of other requirements of law or regulation and that the granting of such exemption will not endanger the public safety.

Laws 2006, LB 994, § 22.
Neb. Rev. Stat. § 71-7106 — NE Code / Chapter 71 / Section 71-7106
View Statute 71-7106
Status: in_force

There is hereby created the Interagency Management Committee. Each member of the council shall designate a representative of his or her agency to be a member of the committee. The committee shall be responsible for:

(1) Planning and budget development;

(2) Program development and evaluation;

(3) Coordination of program activities and emergency response;

(4) Providing a mechanism for quality assurance which may include certification of critical incident stress management team members;

(5) Identifying critical incident stress management regions;

(6) Developing regulations and standards;

(7) Arranging for and supporting training of critical incident stress management teams; and

(8) Providing backup to regional critical incident stress management teams.

Laws 1991, LB 703, § 6;

Laws 1997, LB 184, § 6.
Neb. Rev. Stat. § 71-6208.01 — NE Code / Chapter 71 / Section 71-6208.01
View Statute 71-6208.01
Status: in_force

Division shall mean the Division of Public Health of the Department of Health and Human Services.

Laws 2012, LB834, § 9.
Neb. Rev. Stat. § 71-4731 — NE Code / Chapter 71 / Section 71-4731
View Statute 71-4731
Status: in_force

The Governor may accept gifts, grants, and donations of money, personal property, and real property for use in expanding and improving services to deaf or hard of hearing persons of this state.

Laws 1979, LB 101, § 12;

Laws 1997, LB 851, § 23.
Neb. Rev. Stat. § 71-6314 — NE Code / Chapter 71 / Section 71-6314
View Statute 71-6314
Status: in_force

(1) When the department determines that a business entity that holds a license has violated the Asbestos Control Act or any rule and regulation adopted and promulgated pursuant to the act, the department may, rather than initially instituting disciplinary proceedings pursuant to subsection (2) of this section, within seven working days after a finding of a violation is made, issue a citation to the licensee. The citation shall be served upon the licensee personally or by certified mail. Each citation shall specifically describe the nature of the violation and identify the statute, rule, or regulation violated. When a citation is served upon the licensee, the licensee shall have seven working days to remedy the violation. If such violation has not been remedied at the end of such time, the department may take such other action as is deemed appropriate pursuant to the Asbestos Control Act and the Administrative Procedure Act.

(2) Independent of the provisions of subsection (1) of this section, a license or approval issued pursuant to the Asbestos Control Act may be denied, refused renewal, suspended, or revoked when the applicant or licensee violates any of the provisions of the act, fraudulently or deceptively obtains or attempts to obtain a license or approval, fails at any time to meet the qualifications for a license or approval, fails to comply with rules and regulations adopted and promulgated pursuant to the act, fails to meet any applicable state standard for asbestos projects, or employs or permits an unlicensed individual to work in an asbestos occupation. An individual shall be subject to the reporting, investigatory, and disciplinary provisions of sections 38-176 to 38-185 , 38-1,106 , 38-1,109 to 38-1,126 , and 38-1,137 to 38-1,139 for any of the grounds for disciplinary action found in the Uniform Credentialing Act and for any violation of the Asbestos Control Act or the rules and regulations adopted and promulgated under the acts.

(3) In addition to the disciplinary actions provided for in subsection (2) of this section, the department may assess a civil penalty of not less than one thousand dollars nor more than twenty-five thousand dollars for each offense committed by any business entity licensed under the Asbestos Control Act or not less than one hundred dollars nor more than five thousand dollars for each offense committed by an individual licensed under the act for violation of the act or any rule or regulation adopted and promulgated pursuant thereto. Each day a violation continues shall constitute a separate offense.

(4) Whenever the department determines to deny, refuse to renew, suspend, or revoke a license or approval or assess a civil penalty, it shall send to the applicant or licensee a notice setting forth the particular reasons for the determination. The denial, suspension, refusal to renew, revocation, or assessment of a civil penalty shall become final thirty days after the mailing of the notice unless the applicant or licensee gives written notice to the department of a desire for a hearing. If a hearing is requested, the applicant or licensee shall be given a hearing before the department and shall have the right to present such evidence as may be proper. On the basis of such evidence, the determination shall be affirmed, modified, or set aside, and a copy of such decision setting forth the findings of fact and the particular reasons upon which such decision was based shall be sent by certified mail to the applicant or licensee. The decision shall become a final decision of the department and may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.

(5) Hearings held pursuant to this section shall be held in accordance with the Administrative Procedure Act and the rules and regulations adopted and promulgated by the department under such act.

ertified mail to the applicant or licensee. The decision shall become a final decision of the department and may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.

(5) Hearings held pursuant to this section shall be held in accordance with the Administrative Procedure Act and the rules and regulations adopted and promulgated by the department under such act.

(6) Any civil penalty assessed and unpaid under the Asbestos Control Act shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in any proper form of action in the name of the State of Nebraska in the district court of the county in which the violator resides or owns property. The department shall, within thirty days of receipt, remit any collected civil penalty to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

Laws 1986, LB 1051, § 14;

Laws 1988, LB 352, § 145;

Laws 1988, LB 1073, § 12;

Laws 1995, LB 406, § 79;

Laws 2007, LB463, § 1257.

Administrative Procedure Act, see section 84-920 .

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-4001 — NE Code / Chapter 71 / Section 71-4001
View Statute 71-4001
Status: in_force

Procuring, furnishing, donating, processing, distributing, or using human whole blood, plasma, blood products, blood derivatives, and other human tissues such as corneas, bones, or organs for the purpose of injecting, transfusing, or transplanting any of them in the human body is declared for all purposes to be the rendition of a service by every person participating therein and whether or not any remuneration is paid therefor is declared not to be a sale of such whole blood, plasma, blood products, blood derivatives, or other human tissues.

Laws 1967, c. 434, § 1, p. 1323.
Neb. Rev. Stat. § 71-6914 — NE Code / Chapter 71 / Section 71-6914
View Statute 71-6914
Status: in_force

For purposes of the Preborn Child Protection Act:

(1)(a) Abortion means the prescription or use of any instrument, device, medicine, drug, or substance to or upon a woman known to be pregnant with the specific intent of terminating the life of her preborn child.

(b) Abortion shall under no circumstances be interpreted to include:

(i) Removal of an ectopic pregnancy;

(ii) Removal of the remains of a preborn child who has already died;

(iii) An act done with the intention to save the life or preserve the health of the preborn child;

(iv) The accidental or unintentional termination of the life of a preborn child; or

(v) During the practice of in vitro fertilization or another assisted reproductive technology, the termination or loss of the life of a preborn child who is not being carried inside a woman's body;

(2) Gestational age means the age of a preborn child as calculated from the first day of the last menstrual period of the pregnant woman;

(3)(a) Medical emergency means any condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the termination of her pregnancy to avert her death or for which a delay in terminating her pregnancy will create a serious risk of substantial and irreversible physical impairment of a major bodily function.

(b) No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible physical impairment of a major bodily function;

(4) Preborn child means an individual living member of the species homo sapiens, throughout the embryonic and fetal stages of development to full gestation and childbirth;

(5) Pregnant means the condition of having a living preborn child inside one's body; and

(6) Reasonable medical judgment means a medical judgment that could be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

Laws 2023, LB574, § 3.
Neb. Rev. Stat. § 71-7451 — NE Code / Chapter 71 / Section 71-7451
71-7451
Status: in_force

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

Laws 1992, LB 1019, § 20;

Laws 2001, LB 398, § 85;

Laws 2003, LB 242, § 150;

R.S.1943, (2003), § 71-7420;

Laws 2006, LB 994, § 25.
Neb. Rev. Stat. § 71-8004 — NE Code / Chapter 71 / Section 71-8004
View Statute 71-8004
Status: in_force

(1) An individual shall not use the title of or represent or advertise himself or herself as a certified industrial hygienist, CIH, or C.I.H. unless such individual has received the designation Certified Industrial Hygienist from the American Board of Industrial Hygiene and the designation as such has not lapsed or been revoked.

(2) An individual shall not use for title or professional identification or as a personal credential any variation on the terms described in subsection (1) of this section using the words "Certified Industrial Hygienist" and shall not use initials that indicate such a title unless the individual meets the requirements of this section.

Laws 1997, LB 558, § 4.
Neb. Rev. Stat. § 71-4412 — NE Code / Chapter 71 / Section 71-4412
View Statute 71-4412
Status: in_force

In the State of Nebraska, all laws, ordinances, codes, or rules and regulations concerning the control of rabies or the vaccination of domestic or hybrid animals against rabies shall be enforced by the county, township, city, and village health and law enforcement officials or those other officers with regulatory authority as specified by the governing political subdivisions.

Whenever a county, township, city, or village requires the licensure of domestic or hybrid animals, it may require that, before a license is issued for the possession or maintenance of any domestic or hybrid animal in any such county, township, city, or village, the owner or keeper of the domestic or hybrid animal shall furnish to the clerk of such political subdivision a certification that the domestic or hybrid animal has been vaccinated against rabies in accordance with sections 71-4401 to 71-4412 .

Laws 1969, c. 445, § 12, p. 1489;

Laws 1987, LB 104, § 11;

Laws 2007, LB25, § 13.
Neb. Rev. Stat. § 71-5206.01 — NE Code / Chapter 71 / Section 71-5206.01
View Statute 71-5206.01
Status: in_force

(1) The Legislature may provide funding to the Office of Rural Health for the purpose of funding the cost of resident stipends and benefits, which funding may include health insurance, professional liability insurance, disability insurance, medical education expenses, continuing competency expenses, pension benefits, moving expenses, and meal expenses in family practice residency programs based in Nebraska but which are not under a contract pursuant to section 71-5206 . The resident stipends and benefits funded in this section shall apply only to residents who begin family practice residency training at a qualifying institution in years beginning on or after January 1, 1993. The total funding provided in the form of stipend and benefit support per resident to a family practice residency program under this section shall not exceed the total funding provided in the form of stipend and benefit support per resident to a family practice residency program under section 71-5203 .

(2) Upon receiving an itemized statement of the cost of stipends and benefits of a family practice residency program from a sponsoring institution and upon determining that the sponsoring institution is not receiving funds under a contract pursuant to section 71-5206 , the office may reimburse such institution fifty percent of such cost for each family practice resident in the program. The office may reimburse such institution twenty-five percent of the remaining cost per family practice resident for each year that one of the program's graduates practices family medicine in Nebraska, up to a maximum of three years for each graduate, and an additional twenty-five percent of the remaining cost per resident for each of the program's graduates who practices family medicine in an area of Nebraska classified as of January 1, 1991, by the United States Secretary of Health and Human Services as Medicare Locale 16. The total number of residents receiving annual financial payments made under this section shall not exceed nine students during any school year.

Laws 1993, LB 152, § 4;

Laws 1999, LB 241, § 2;

Laws 2002, LB 1021, § 89;

Laws 2012, LB782, § 120;

Laws 2013, LB222, § 29.
Neb. Rev. Stat. § 71-4104 — NE Code / Chapter 71 / Section 71-4104
View Statute 71-4104
Status: in_force

(1) The department shall make the following information available:

(a) Up-to-date information about Down syndrome that has been reviewed by medical experts and Down syndrome organizations. The information shall be provided in a written format and shall include the following:

(i) A clinical course description, including possible physical, developmental, educational, and psychosocial outcomes;

(ii) Treatment and therapy options; and

(iii) Life expectancy; and

(b) Contact information for Down syndrome organizations that are nonprofit and that provide information and support services for parents, including first-call programs and information hotlines specific to Down syndrome, resource centers or clearinghouses, and other education and support programs for Down syndrome.

(2) The department shall post the information required in subsection (1) of this section on its website and shall include an information support sheet to be delivered by health care practitioners to parents as prescribed in section 71-4103 .

(3) The department shall ensure that the information required in subsection (1) of this section is culturally and linguistically appropriate for parents.

(4) A Down syndrome organization may request that the department include the organization's informational material and contact information on the website. The department may add the information to the website upon request.

Laws 2016, LB891, § 4.
Neb. Rev. Stat. § 71-4406 — NE Code / Chapter 71 / Section 71-4406
View Statute 71-4406
Status: in_force

Any domestic animal which has bitten any person or caused an abrasion of the skin of any person shall be subjected to post-incident management as provided in rules and regulations adopted and promulgated by the department.

Laws 1969, c. 445, § 6, p. 1486;

Laws 1987, LB 104, § 6;

Laws 1989, LB 51, § 1;

Laws 2007, LB25, § 8;

Laws 2019, LB61, § 4.
Neb. Rev. Stat. § 71-6504 — NE Code / Chapter 71 / Section 71-6504
View Statute 71-6504
Status: in_force

Sections 71-6501 to 71-6503 do not apply to the performance of health maintenance activities by designated care aides pursuant to section 38-2219 or to persons who provide personal assistant services, respite care or habilitation services, or aged and disabled services.

Laws 2007, LB236, § 42;

Laws 2007, LB247, § 85.
Neb. Rev. Stat. § 71-8710 — NE Code / Chapter 71 / Section 71-8710
View Statute 71-8710
Status: in_force

(1) Patient safety work product shall be privileged and confidential.

(2) Patient safety work product shall not be:

(a) Subject to a civil, criminal, or administrative subpoena or order;

(b) Subject to discovery in connection with a civil, criminal, or administrative proceeding;

(c) Subject to disclosure pursuant to the Freedom of Information Act, 5 U.S.C. 552, as such act existed on April 28, 2005, or any other similar federal or state law, including sections 84-712 to 84-712.09 ;

(d) Offered in the presence of the jury or other factfinder or received into evidence in any civil, criminal, or administrative proceeding before any local, state, or federal tribunal; or

(e) If the patient safety work product is identifiable information and is received by a national accreditation organization in its capacity:

(i) Used by a national accreditation organization in an accreditation action against the provider that reported the information;

(ii) Shared by such organization with its survey team; or

(iii) Required as a condition of accreditation by a national accreditation organization.

Laws 2005, LB 361, § 10.
Neb. Rev. Stat. § 71-9305 — NE Code / Chapter 71 / Section 71-9305
View Statute 71-9305
Status: in_force

(1) When the Attorney General has cause to believe that any provider of home care services is violating the Home Care Consumer Bill of Rights Act, the Attorney General may enforce the act.

(2) For purposes of the act, the Attorney General may:

(a) Require a provider of home care services to file a statement or report in writing under oath or otherwise as to all facts and circumstances concerning the provision of home care services to the home care consumer;

(b) Examine under oath any person in connection with the provision of home care services;

(c) Examine any property or sample thereof, record, book, document, account, or paper as the Attorney General deems necessary; and

(d) Issue subpoenas to require the attendance of witnesses or the production of documents.

(3) The Attorney General may bring a civil action in the district court of any county in which a violation occurred, or in Lancaster County, seeking injunctive relief and a monetary award for civil penalties, attorney’s fees, and costs. Any person who violates the act shall be subject to a civil penalty of not more than two thousand dollars for each violation.

(4) The Attorney General may also seek and recover actual damages for each health care consumer injured by a violation of the act.

Laws 2016, LB698, § 5.
Neb. Rev. Stat. § 71-5905 — NE Code / Chapter 71 / Section 71-5905
View Statute 71-5905
Status: in_force

(1) An assisted-living facility shall determine if an applicant for admission to the assisted-living facility is admitted or if a resident of the assisted-living facility is retained based on the care needs of the applicant or resident, the ability to meet those care needs within the assisted-living facility, and the degree to which the admission or retention of the applicant or resident poses a danger to the applicant or resident or others.

(2) Any complex nursing intervention or noncomplex intervention provided by an employee of the assisted-living facility shall be performed in accordance with applicable state law.

(3) Each assisted-living facility shall provide written information about the practices of the assisted-living facility to each applicant for admission to the facility or his or her authorized representative. The information shall include:

(a) A description of the services provided by the assisted-living facility and the staff available to provide the services;

(b) The charges for services provided by the assisted-living facility;

(c) Whether or not the assisted-living facility accepts residents who are eligible for the medical assistance program under the Medical Assistance Act and, if applicable, the policies or limitations on access to services provided by the assisted-living facility for residents who seek care paid by the medical assistance program;

(d) The criteria for admission to and continued residence in the assisted-living facility and the process for addressing issues that may prevent admission to or continued residence in the assisted-living facility;

(e) The process for developing and updating the resident services agreement;

(f) For facilities that have special care units for dementia, the additional services provided to meet the special needs of persons with dementia; and

(g) Whether or not the assisted-living facility provides part-time or intermittent complex nursing interventions.

(4) Each assisted-living facility shall enter into a resident services agreement in consultation with each resident.

(5)(a) A facility shall not request or require a third-party guarantee of payment as a condition of admission, expedited admission, or continued stay in the facility.

(b) A facility may request and require a resident representative who has legal access to a resident's income or resources to sign a contract, without incurring personal financial liability, to provide payment to the facility from such resident's income or resources. For purposes of this subsection, resident representative has the same meaning as defined in 42 C.F.R. 483.5, as such regulation existed on January 31, 2024.

(c) If a person other than the resident informs the assisted-living facility that such person wants to guarantee payment of a resident's expenses, the person shall execute a separate written agreement. No provision in the separate written agreement shall conflict with this subsection. The separate written agreement shall be provided to the guarantor of payment and shall contain the following statements:

(i) "Do not sign this agreement unless you voluntarily agree to be financially liable for paying the patient's expenses.";

(ii) "You may change your mind within forty-eight hours after signing this agreement by notifying the facility that you want to revoke this agreement."; and

(iii) "You may call the state long-term care ombudsman for an explanation of your rights.".

(d) Nothing in this subsection shall permit an individual with legal access to a resident's income or resources to avoid liability for violation of such individual's fiduciary duty.

Laws 2004, LB 1005, § 49;

Laws 2011, LB401, § 1;

Laws 2018, LB439, § 6;

Laws 2024, LB1195, § 13.

Medical Assistance Act, see section 68-901 .
Neb. Rev. Stat. § 71-8228 — NE Code / Chapter 71 / Section 71-8228
View Statute 71-8228
Status: in_force

Regional medical director means a physician licensed under the Uniform Credentialing Act.

Laws 1997, LB 626, § 28;

Laws 1999, LB 594, § 62;

Laws 2007, LB296, § 689;

Laws 2007, LB463, § 1303;

Laws 2023, LB227, § 102.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-4407 — NE Code / Chapter 71 / Section 71-4407
View Statute 71-4407
Status: in_force

Domestic or hybrid animals or livestock known to have been exposed to a confirmed or suspected rabid animal shall be subjected to postexposure management as provided in rules and regulations adopted and promulgated by the department.

Laws 1969, c. 445, § 7, p. 1487;

Laws 1987, LB 104, § 7;

Laws 2007, LB25, § 9;

Laws 2019, LB61, § 5.
Neb. Rev. Stat. § 71-8401 — NE Code / Chapter 71 / Section 71-8401
View Statute 71-8401
Status: in_force

The Legislature finds that medical records contain personal and sensitive information that if improperly used or released may do significant harm to a patient's interests. Patients need access to their own medical records as a matter of fairness to enable them to make informed decisions about their health care and correct inaccurate or incomplete information about themselves.

Laws 1999, LB 17, § 1.
Neb. Rev. Stat. § 71-6301 — NE Code / Chapter 71 / Section 71-6301
View Statute 71-6301
Status: in_force

For purposes of the Asbestos Control Act, unless the context otherwise requires:

(1) Asbestos means asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite;

(2) Asbestos encapsulation project means activities which include the coating of asbestos-containing surface material with a bridging or penetrating type of sealing material for the intended purpose of preventing the continued release of asbestos fibers from the material into the air. Such project does not include the repainting of a previously painted nonfriable asbestos-containing surface which is not damaged primarily for improving the appearance of such surface;

(3) Asbestos enclosure project means activities which physically isolate friable asbestos and which control and contain fibers released from asbestos-containing material by constructing a permanent airtight barrier between the asbestos-containing material and the occupied building space;

(4) Asbestos occupation means an inspector, management planner, project designer, project monitor, supervisor, or worker;

(5) Asbestos project means an asbestos enclosure project, an asbestos encapsulation project, an asbestos removal project, an asbestos-related demolition project, or an asbestos-related dismantling project but does not include (a) any activities which affect three square feet or less or three linear feet or less of asbestos-containing material on or in a structure or equipment or any appurtenances thereto or (b) any activities physically performed by a homeowner, a member of the homeowner's family, or an unpaid volunteer on or in the homeowner's residential property of four units or less;

(6) Asbestos removal project means activities which include the physical removal of friable asbestos-containing material from the surface of a structure or from equipment which is intended to remain in place after the removal. Such project also includes the physical removal of asbestos from a structure or equipment after such structure or equipment has been removed as part of an asbestos-related dismantling project;

(7) Asbestos-related demolition project means activities which include the razing of all or a portion of a structure which contains friable asbestos-containing materials or other asbestos-containing materials which may become friable when such materials are cut, crushed, ground, abraded, or pulverized;

(8) Asbestos-related dismantling project means activities which include the disassembly, handling, and moving of the components of any structure or equipment which has been coated with asbestos-containing material without first removing such material from the structure or from the equipment;

(9) Business entity means a partnership, limited liability company, firm, association, corporation, sole proprietorship, public entity, or other public or private business concern involved in an asbestos project except an entity solely involved as a management planner or project designer;

(10) Demolition means the wrecking, razing, or removal of any structure or load-supporting structural item of any structure, including any related material handling operations, and includes the intentional burning of any structure;

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

(12) Enclosure means the construction of an airtight, impermeable, permanent barrier around asbestos-containing material to control the release of asbestos fibers into the air;

(13) Friable asbestos means asbestos in a form which can be crumbled, pulverized, or reduced to powder by hand pressure;

(14) Inspector means an individual who is licensed by the department to identify and assess the condition of asbestos-containing material;

(15) Instructor means an individual who is approved by the department to teach an asbestos-related training course;

fibers into the air;

(13) Friable asbestos means asbestos in a form which can be crumbled, pulverized, or reduced to powder by hand pressure;

(14) Inspector means an individual who is licensed by the department to identify and assess the condition of asbestos-containing material;

(15) Instructor means an individual who is approved by the department to teach an asbestos-related training course;

(16) License means an authorization issued by the department to an individual to engage in a profession or to a business to provide services which would otherwise be unlawful in this state in the absence of such authorization;

(17) Management planner means an individual who is licensed by the department to assess the hazard of materials containing asbestos, to determine the appropriate response actions, and to write management plans;

(18) Project designer means an individual who is licensed by the department to formulate plans and write specifications for conducting asbestos projects;

(19) Project monitor means an individual who is licensed by the department to observe abatement activities performed by contractors, to represent the building owner to ensure work is completed according to specifications and in compliance with statutes and regulations, and to perform air monitoring to determine final clearance;

(20) Project review means review of a licensed business entity's proposed asbestos project;

(21) Renovation means the altering of a structure, one or more structural items, or one or more equipment items in any way, including any asbestos project performed on a structure, structural item, or equipment item;

(22) Supervisor means an individual who is licensed by the department to supervise and direct an asbestos project in accordance with the Asbestos Control Act and the rules and regulations adopted and promulgated pursuant to such act; and

(23) Worker means an individual who is licensed by the department to clean, handle, repair, remove, encapsulate, haul, dispose of, or otherwise work with asbestos material in a nonsupervisory capacity.

Laws 1986, LB 1051, § 1;

Laws 1988, LB 1073, § 1;

Laws 1990, LB 923, § 1;

Laws 1993, LB 121, § 454;

Laws 1995, LB 406, § 73;

Laws 1996, LB 1044, § 761;

Laws 2007, LB296, § 654;

Laws 2007, LB463, § 1243.
Neb. Rev. Stat. § 71-6720 — NE Code / Chapter 71 / Section 71-6720
View Statute 71-6720
Status: in_force

(1) The purposes of the Medication Aide Act are to ensure the health, safety, and welfare of the public by providing for the accurate, cost-effective, efficient, and safe utilization of medication aides to assist in the administration of medications by (a) competent individuals, (b) caretakers who are parents, foster parents, family, friends or legal guardians, and (c) licensed health care professionals.

(2) The act applies to all settings in which medications are administered except the home, unless the in-home administration of medication is provided through a licensed home health agency, a licensed or certified home and community-based provider, or a licensed PACE center as defined in section 71-424.01 .

(3) The act does not apply to the provision of reminders to persons to self-administer medication or assistance to persons in the delivery of nontherapeutic topical applications by in-home personal services workers. For purposes of this subsection, in-home personal services worker has the definition found in section 71-6501 .

Laws 1998, LB 1354, § 10;

Laws 2007, LB236, § 44;

Laws 2020, LB1053, § 20.
Neb. Rev. Stat. § 71-8217 — NE Code / Chapter 71 / Section 71-8217
View Statute 71-8217
Status: in_force

General level rehabilitation center means a rehabilitation center which provides services to individuals with musculoskeletal injuries, peripheral nerve injuries, uncomplicated lower extremity amputations, and other diagnoses resulting in functional impairment in one or more functional areas, with minimum to moderate impairment or complexity.

Laws 1997, LB 626, § 17;

Laws 2015, LB46, § 5.
Neb. Rev. Stat. § 71-3903 — NE Code / Chapter 71 / Section 71-3903
View Statute 71-3903
Status: in_force

It is the intent of the Legislature that the Indoor Tanning Facility Act be implemented and enforced in a manner that ensures equal treatment of all tanning facilities regardless of the type of business or facility or number of pieces of tanning equipment at the tanning facility.

Laws 2014, LB132, § 3.
Neb. Rev. Stat. § 71-7305 — NE Code / Chapter 71 / Section 71-7305
View Statute 71-7305
Status: in_force

(1) The chief medical officer as designated in section 81-3115 shall adopt and promulgate such rules and regulations as are necessary to provide for nonsurgical gender-altering procedures for individuals younger than nineteen years of age, such as puberty-blocking drugs, cross-sex hormones, or both. Such rules and regulations shall be consistent with the Let Them Grow Act and, at a minimum, include the following:

(a) Specify that a health care practitioner may prescribe approved puberty-blocking drugs, cross-sex hormones, or both to an individual younger than nineteen years of age if such individual has a long-lasting and intense pattern of gender nonconformity or gender dysphoria which began or worsened at the start of puberty;

(b) Specific criteria, obligations, or conditions regulating the administration, prescribing, delivery, sale, or use of puberty-blocking drugs, cross-sex hormones, or both involving an individual younger than nineteen years of age in accordance with subdivision (1)(a) of this section, which shall, at a minimum, set forth the following:

(i) The minimum number of gender-identity-focused therapeutic hours required prior to an individual receiving puberty-blocking drugs, cross-sex hormones, or both;

(ii) Patient advisory requirements necessary for a health care practitioner to obtain informed patient consent;

(iii) Patient medical record documentation requirements to ensure compliance with the act; and

(iv) A minimum waiting period between the time the health care practitioner obtains informed patient consent and the administration, prescribing, or delivery of puberty-blocking drugs, cross-sex hormones, or both to such patient; and

(c) Specify that section 71-7304 does not apply to nonsurgical gender-altering procedures when such procedures are provided in compliance with the rules and regulations adopted and promulgated pursuant to this section.

(2) The Department of Health and Human Services may adopt and promulgate rules and regulations not inconsistent with the rules and regulations adopted and promulgated by the chief medical officer that are necessary to carry out the Let Them Grow Act.

Laws 2023, LB574, § 18.
Neb. Rev. Stat. § 71-7460 — NE Code / Chapter 71 / Section 71-7460
View Statute 71-7460
Status: in_force

(1) If the department finds there is a reasonable probability that (a) a wholesale drug distributor has falsified a pedigree or has sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use and (b) such drug could cause serious, adverse health consequences or death, the department shall issue an order to immediately cease distribution of such drug.

(2) Persons subjected to any order issued by the department under this section shall be provided with notice and an opportunity for an informal hearing to be held not later than ten days after the date the order was issued. If the department determines, after such hearing, that inadequate grounds exist to support the actions required by the order, the department shall vacate the order.

Laws 2006, LB 994, § 34.
Neb. Rev. Stat. § 71-5718.01 — NE Code / Chapter 71 / Section 71-5718.01
View Statute 71-5718.01
Status: in_force

Electronic smoking device means an electronic nicotine delivery system as defined in section 28-1418.01 . The term includes any such device regardless of whether it is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under any other product name or descriptor. The term also includes any substance that is used in an electronic smoking device. The term does not include a diffuser, humidifier, prescription inhaler, or similar device.

Laws 2020, LB840, § 4.
Neb. Rev. Stat. § 71-4741 — NE Code / Chapter 71 / Section 71-4741
View Statute 71-4741
Status: in_force

The Department of Health and Human Services, in consultation with the State Department of Education, birthing facilities, and other providers, shall develop approved screening methods and protocol for statewide hearing screening tests of substantially all newborns and infants.

Laws 2000, LB 950, § 8;

Laws 2005, LB 301, § 48;

Laws 2007, LB296, § 595;

Laws 2012, LB782, § 118;

Laws 2025, LB376, § 24.
Neb. Rev. Stat. § 71-6319.21 — NE Code / Chapter 71 / Section 71-6319.21
View Statute 71-6319.21
Status: in_force

Enclosure means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.

Laws 1999, LB 863, § 23.
Neb. Rev. Stat. § 71-6021 — NE Code / Chapter 71 / Section 71-6021
View Statute 71-6021
Status: in_force

(1) Notwithstanding the provisions of sections 71-6019 and 71-6020 , the administrator of a nursing home may refuse access to the nursing home to any person if the presence of such person in the nursing home would be injurious to the health and safety of a resident or would threaten the security of the property of a resident or the nursing home or if the person seeks access to the nursing home for commercial purposes. Any person refused access to a nursing home may, within thirty days of such refusal, request a hearing by the department. The wrongful refusal of a nursing home to grant access to any person as required in sections 71-6019 and 71-6020 shall constitute a violation of the Nebraska Nursing Home Act. A nursing home may appeal any citation issued pursuant to this section in the manner provided in sections 71-452 to 71-455 .

(2) Nothing in sections 71-6019 to 71-6021 shall be construed to prevent (a) an employee of the department, acting in his or her official capacity, from entering a nursing home for any inspection authorized by the act or any rule or regulation adopted and promulgated pursuant thereto or (b) a state long-term care ombudsman or an ombudsman advocate, acting in his or her official capacity, from entering a nursing home to conduct an investigation authorized by any rules and regulations promulgated by the department.

Laws 1983, LB 235, § 14;

Laws 1992, LB 677, § 33;

Laws 1996, LB 1044, § 748;

Laws 2000, LB 819, § 124;

Laws 2007, LB296, § 641.
Neb. Rev. Stat. § 71-6039.01 — NE Code / Chapter 71 / Section 71-6039.01
View Statute 71-6039.01
Status: in_force

No person shall act as a paid dining assistant in a nursing home unless such person:

(1) Is at least sixteen years of age;

(2) Is able to speak and understand the English language or a language understood by the nursing home resident being fed by such person;

(3) Has successfully completed at least eight hours of training as prescribed by the department for paid dining assistants;

(4) Has no adverse findings on the Nurse Aide Registry or the Adult Protective Services Central Registry; and

(5) Has no adverse findings on the central registry created in section 28-718 if the nursing home which employs such person as a paid dining assistant has at any one time more than one resident under the age of nineteen years.

Laws 2004, LB 1005, § 115;

Laws 2014, LB853, § 47.
Neb. Rev. Stat. § 38-1512 — NE Code / Chapter 71 / Section 38-1512
38-1512
Status: in_force

(1) Any person may obtain a hearing instrument specialist license under the Hearing Instrument Specialists Practice Act by successfully passing a qualifying examination pursuant to section 38-1514 if the applicant provides verification to the department, on a form provided by the department, that such person:

(a) Is at least twenty-one years of age;

(b) Has an education equivalent to a four-year course in an accredited high school; and

(c)(i) Has completed the minimum number of practicum hours prescribed by the board;

(ii) Has a two-year degree in hearing instrument sciences or an equivalent as determined by the board;

(iii) Has held a current, unsuspended, and unrevoked license to dispense hearing instruments from another jurisdiction for at least twelve of the last eighteen months prior to taking the examination;

(iv) Is certified by the National Board for Certification in Hearing Instrument Sciences at the time of taking the examination; or

(v) Holds an advanced credential offered by the International Hearing Society at the time of taking the examination.

(2) The department, with the recommendation of the board, may determine whether a person who has completed a licensure program outside of the United States may take the examination.

(3) The department, upon recommendation of the board, may waive components of the examination pursuant to section 38-1514 for licensure as a hearing instrument specialist if the person has passed the same examination as provided in section 38-1514 or a substantially equivalent examination as determined by the board.

(4) The department, with the recommendation of the board, shall determine whether a person has met the requirements to be eligible to take the examination pursuant to the Hearing Instrument Specialists Practice Act.

Laws 1969, c. 767, § 7, p. 2907;

Laws 1986, LB 701, § 6;

Laws 1987, LB 473, § 53;

Laws 1988, LB 1100, § 153;

R.S.1943, (2003), § 71-4707;

Laws 2007, LB247, § 53;

Laws 2007, LB247, § 71;

Laws 2007, LB463, § 576;

Laws 2009, LB195, § 30;

Laws 2017, LB88, § 54;

Laws 2025, LB332, § 20.

Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Neb. Rev. Stat. § 71-7427 — NE Code / Chapter 71 / Section 71-7427
71-7427
Status: in_force

Sections 71-7427 to 71-7463 shall be known and may be cited as the Wholesale Drug Distributor Licensing Act.

Laws 1992, LB 1019, § 1;

R.S.1943, (2003), § 71-7401;

Laws 2006, LB 994, § 1;

Laws 2007, LB463, § 1293.
Neb. Rev. Stat. § 71-7201 — NE Code / Chapter 71 / Section 71-7201
View Statute 71-7201
Status: in_force

Sections 71-7201 to 71-7203 shall be known and may be cited as the Uniform Determination of Death Act.

Laws 1992, LB 906, § 1.
Neb. Rev. Stat. § 71-6319.40 — NE Code / Chapter 71 / Section 71-6319.40
View Statute 71-6319.40
Status: in_force

Visual lead-hazard screen means a visual assessment to determine the presence of deteriorated paint or other potential sources of lead-based paint hazards in a residential dwelling or child-occupied facility. Visual lead-hazard screen includes a written report explaining the results and limitations of the assessment. The written report will be provided to the person requesting the inspection, the residents of the dwelling, and the owner of the dwelling or child-occupied facility. A licensed visual lead-hazard advisor shall retain a copy of the report in his or her files for three years.

Laws 1999, LB 863, § 42;

Laws 2007, LB463, § 1272.
Neb. Rev. Stat. § 71-7113 — NE Code / Chapter 71 / Section 71-7113
View Statute 71-7113
Status: in_force

All services available and provided to emergency service personnel under the Critical Incident Stress Management Act shall also be available and provided to state correctional employees for incidents which occur in the course of their duties or at their worksite.

Laws 1997, LB 184, § 13.
Neb. Rev. Stat. § 71-8718 — NE Code / Chapter 71 / Section 71-8718
View Statute 71-8718
Status: in_force

(1) Every provider subject to the Patient Safety Improvement Act shall report aggregate numbers of occurrences for each patient safety event category listed in section 71-8717 to a patient safety organization. Reporting shall be done on an annual basis by March 31 for the prior calendar year.

(2) For each occurrence listed in section 71-8717 , a root cause analysis shall be completed and an action plan developed within forty-five days after such occurrence. The action plan shall (a) identify changes that can be implemented to reduce risk of the patient safety event occurring again or formulate a rationale for not implementing change and (b) if an improvement action is planned, identify who is responsible for implementation, when the action will be implemented, and how the effectiveness of the action will be evaluated. The provider shall, within thirty days after the development of an action plan, provide a summary report to a patient safety organization which includes a brief description of the patient safety event, a brief description of the root cause analysis, and a description of the action plan steps.

(3) The facility where a reportable event occurred shall be responsible for coordinating the reporting of information required under the Patient Safety Improvement Act and ensuring that the required reporting is completed, and such coordination satisfies the obligation of reporting imposed on each individual provider under the act.

Laws 2005, LB 361, § 18.
Neb. Rev. Stat. § 71-4840 — NE Code / Chapter 71 / Section 71-4840
View Statute 71-4840
Status: in_force

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a Class IIIA felony.

Laws 2010, LB1036, § 17.
Neb. Rev. Stat. § 71-4724 — NE Code / Chapter 71 / Section 71-4724
View Statute 71-4724
Status: in_force

The commission shall hold at least four meetings a year, at a time and place decided by the commission, and shall keep a record of its proceedings, which shall be open to the public for inspection. The commission shall adopt and promulgate rules and regulations for the holding of special meetings. Written notice of the time and place of all meetings shall be mailed in advance to the office of each member of the commission by the secretary. Six members of the commission shall constitute a quorum.

Laws 1979, LB 101, § 5;

Laws 1981, LB 250, § 2;

Laws 1987, LB 376, § 18;

Laws 1997, LB 851, § 15.
Neb. Rev. Stat. § 71-7104 — NE Code / Chapter 71 / Section 71-7104
View Statute 71-7104
Status: in_force

There is hereby created the Critical Incident Stress Management Program. The focus of the program shall be to minimize the harmful effects of critical incident stress for emergency service personnel, with a high priority on confidentiality and respect for the individuals involved. The program shall:

(1) Provide a stress management session to emergency service personnel who appropriately request such assistance in an effort to address critical incident stress;

(2) Assist in providing the emotional and educational support necessary to ensure optimal functioning of emergency service personnel;

(3) Conduct preincident educational programs to acquaint emergency service personnel with stress management techniques;

(4) Promote interagency cooperation;

(5) Provide an organized statewide response to the emotional needs of emergency service personnel impacted by critical incidents;

(6) Develop guidelines for resilience training for first responders under section 48-101.01 ;

(7) Set reimbursement rates for mental health examinations and resilience training under section 48-101.01 ; and

(8) Set an annual limit on the hours or quantity of resilience training for which reimbursement is required under section 48-101.01 .

Laws 1991, LB 703, § 4;

Laws 1997, LB 184, § 4;

Laws 2020, LB963, § 3;

Laws 2023, LB191, § 18.
Neb. Rev. Stat. § 71-6208 — NE Code / Chapter 71 / Section 71-6208
View Statute 71-6208
Status: in_force

Director shall mean the Director of Public Health of the Division of Public Health of the Department of Health and Human Services.

Laws 1985, LB 407, § 8;

Laws 1996, LB 1044, § 758;

Laws 2007, LB296, § 652;

Laws 2012, LB834, § 8.
Neb. Rev. Stat. § 71-4747 — NE Code / Chapter 71 / Section 71-4747
View Statute 71-4747
Status: in_force

(1) The Commission for the Deaf and Hard of Hearing shall appoint an advisory committee to advise the commission regarding all aspects of the language assessment program established pursuant to section 71-4746 . The advisory committee shall consist of fourteen members as follows:

(a) One member shall be a credentialed teacher of the deaf who uses both American Sign Language and English during instruction;

(b) One member shall be a credentialed teacher of the deaf who uses spoken English, with or without visual supplements, during instruction;

(c) One member shall be a credentialed teacher of the deaf who has expertise in curriculum development and instruction for American Sign Language and English;

(d) One member shall be a credentialed teacher of the deaf who has expertise in assessing language development in both American Sign Language and English;

(e) One member shall be a speech language pathologist who has experience working with children from birth through five years of age;

(f) One member shall be a professional with a linguistic background who conducts research on language outcomes of children who are deaf or hard of hearing and who uses both American Sign Language and English;

(g) One member shall be a parent of a child who is deaf or hard of hearing and who uses both American Sign Language and English;

(h) One member shall be a parent of a child who is deaf or hard of hearing and who uses spoken English with or without visual supplements;

(i) One member shall be knowledgeable about teaching and using both American Sign Language and English in the education of children who are deaf or hard of hearing;

(j) One member shall be a community member representing the deaf community;

(k) One member shall be a community member representing the hard of hearing community;

(l) One member shall be the state liaison for any regional programs for the education of children who are deaf or hard of hearing, coordinated through the State Department of Education, or the state liaison's designee;

(m) One member shall be a member of the Commission for the Deaf and Hard of Hearing; and

(n) One member shall be the coordinator of a network that provides service coordination for children with special needs who are below three years of age or the coordinator's designee.

(2) On or before December 30, 2020, the executive director of the Commission for the Deaf and Hard of Hearing shall call an organizational meeting of the advisory committee. At such organizational meeting, the members shall elect a chairperson and vice-chairperson from the membership of the advisory committee. The advisory committee may meet at any time and at any place within the state on the call of the chairperson. A quorum of the advisory committee shall be six members. All actions of the advisory committee shall be by motion adopted by a majority of those members present when there is a quorum.

(3) On or before July 1, 2022, the advisory committee shall develop specific action plans and make recommendations necessary to fully implement the language assessment program. The advisory committee shall:

(a) Collaborate with the coordinating council for a network that provides service coordination for children with special needs who are below three years of age and an advisory council that provides policy guidance to the State Department of Education;

(b) Solicit input from professionals trained in the language development and education of children who are deaf or hard of hearing on the selection of specific language developmental milestones;

(c) Review and recommend the use of existing and available language assessments for children who are deaf or hard of hearing;

(d) Recommend qualifications for identifying language professionals with knowledge of the use of evidence-based, best practices in English and American Sign Language who can be available to advocate at individualized family service plan or individualized education program team meetings;

recommend the use of existing and available language assessments for children who are deaf or hard of hearing;

(d) Recommend qualifications for identifying language professionals with knowledge of the use of evidence-based, best practices in English and American Sign Language who can be available to advocate at individualized family service plan or individualized education program team meetings;

(e) Recommend qualifications for identifying language assessment evaluators with knowledge of the use of evidence-based, best practices with children who are deaf or hard of hearing and the resources for locating such evaluators; and

(f) Recommend procedures and methods for communicating information on language acquisition, assessment results, milestones, assessment tools used, and progress of the child to the parent or legal guardian of such child and the teachers and other professionals involved in the early intervention and education of such child.

(4) The specific action plans and recommendations developed by the advisory committee shall include, but are not limited to, the following:

(a) Language assessments that include data collection and timely tracking of the child's development so as to provide information about the child's receptive and expressive language compared to such child's linguistically age-appropriate peers who are not deaf or hard of hearing;

(b) Language assessments conducted in accordance with standardized norms and timelines in order to monitor and track language developmental milestones in receptive, expressive, social, and pragmatic language acquisition and developmental stages to show progress in American Sign Language literacy, English literacy, or both, for all children from birth through five years of age who are deaf or hard of hearing;

(c) Language assessments delivered in the child's mode of communication and which have been validated for the specific purposes for which each assessment is used, and appropriately normed;

(d) Language assessments administered by individuals who are proficient in American Sign Language for American Sign Language assessments and English for English assessments;

(e) Use of assessment results, in addition to the results of the assessment required by federal law, for guidance in the language developmental discussions by individualized family service plan or individualized education program team meetings when assessing the child's progress in language development;

(f) Reporting of assessment results to the parents or legal guardian of the child and any applicable agency;

(g) Reporting of assessment results on an aggregated basis to the Education Committee of the Legislature, the Clerk of the Legislature, and the Governor; and

(h) Reporting of assessment results to the members of the child's individualized family service plan or individualized education program team, which assessment results may be used, in addition to the results of the assessment required by federal law, by the child's individualized family service plan or individualized education program team, as applicable, to track the child's progress, and to establish or modify the individualized family service plan or individualized education program.

(5) The advisory committee appointed pursuant to this section shall terminate on July 1, 2022.

Laws 2020, LB965, § 6.
Neb. Rev. Stat. § 71-9405 — NE Code / Chapter 71 / Section 71-9405
View Statute 71-9405
Status: in_force

If a patient or a patient’s legal guardian designates a caregiver, the hospital shall notify the caregiver of the patient’s discharge from the hospital or transfer to another facility as soon as practicable which may be after the patient’s physician issues a discharge or transfer order. If the hospital is unable to contact the caregiver, such lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or the medically appropriate discharge or transfer of the patient. The hospital shall document all attempts to contact the caregiver in the patient's medical record.

Laws 2016, LB698, § 11.
Neb. Rev. Stat. § 71-6023 — NE Code / Chapter 71 / Section 71-6023
View Statute 71-6023
Status: in_force

(1) The notice required by subsection (2) of section 71-6022 shall contain:

(a) The stated reason for the proposed transfer or discharge;

(b) The effective date of the proposed transfer or discharge; and

(c) In not less than twelve-point type, the text of section 71-445 .

(2) A copy of the notice required by subsection (2) of section 71-6022 shall be transmitted to the resident and the resident's representative, if a representative has been designated.

Laws 1983, LB 235, § 16;

Laws 2000, LB 819, § 125.
Neb. Rev. Stat. § 71-6406 — NE Code / Chapter 71 / Section 71-6406
View Statute 71-6406
Status: in_force

(1)(a) Any county, city, or village may enact, administer, or enforce a local building or construction code if or as long as such county, city, or village:

(i) Adopts the state building code; or

(ii) Adopts a building or construction code that conforms generally with the state building code.

(b) If a county, city, or village does not adopt a code as authorized under subdivision (a) of this subsection within two years after an update to the state building code, the state building code shall apply in the county, city, or village, except that such code shall not apply to construction on a farm or for farm purposes.

(2) A local building or construction code shall be deemed to conform generally with the state building code if it:

(a) Adopts a special or differing building standard by amending, modifying, or deleting any portion of the state building code in order to reduce unnecessary costs of construction, increase safety, durability, or efficiency, establish best building or construction practices within the county, city, or village, or address special local conditions within the county, city, or village;

(b) Adopts any supplement, new edition, appendix, or component or combination of components of the state building code;

(c) Adopts any of the following:

(i) Section 305 or 310 of the 2018 edition of the International Building Code without the exceptions described in subdivision (1)(a) of section 71-6403 ;

(ii) Section 101.4.3 or any portion of chapter 29 of the 2018 edition of the International Building Code;

(iii) Section R313 or any portion of chapters 25 through 33 of the 2018 edition of the International Residential Code; or

(iv) Section 809 of the 2018 edition of the International Existing Building Code;

(d) Adopts a plumbing code, an electrical code, a fire prevention code, or any other standard code as authorized under section 14-419 , 15-905 , 18-132 , or 23-172 ;

(e) Adopts a local energy code as authorized under section 81-1618 ; or

(f) Adopts minimum standards for radon resistant new construction which meet the minimum standards adopted under section 76-3504 .

(3) A local building or construction code shall not be deemed to conform generally with the state building code if it:

(a) Includes a prior edition of any component or combination of components of the state building code; or

(b) Does not include minimum standards for radon resistant new construction that meet the minimum standards adopted under section 76-3504 .

(4) A county, city, or village shall notify the Department of Water, Energy, and Environment if it amends or modifies its local building or construction code in such a way as to delete any portion of (a) chapter 13 of the 2018 edition of the International Building Code or (b) chapter 11 of the 2018 edition of the International Residential Code. The notification shall be made within thirty days after the adoption of such amendment or modification.

(5) A county, city, or village shall not adopt or enforce a local building or construction code other than as provided by this section.

(6) A county, city, or village which adopts or enforces a local building or construction code under this section shall regularly update its code. For purposes of this section, a code shall be deemed to be regularly updated if the most recently enacted state building code or a code that conforms generally with the state building code is adopted by the county, city, or village within two years after an update to the state building code.

dopts or enforces a local building or construction code under this section shall regularly update its code. For purposes of this section, a code shall be deemed to be regularly updated if the most recently enacted state building code or a code that conforms generally with the state building code is adopted by the county, city, or village within two years after an update to the state building code.

(7) A county, city, or village may adopt amendments for the proper administration and enforcement of its local building or construction code including organization of enforcement, qualifications of staff members, examination of plans, inspections, appeals, permits, and fees. Any amendment adopted pursuant to this section shall be published separately from the local building or construction code. Any local building or construction code adopted under subdivision (1)(a) of this section or the state building code if applicable under subdivision (1)(b) of this section shall be the legally applicable code regardless of whether the county, city, or village has provided for the administration or enforcement of its local building or construction code under this subsection.

(8) A county, city, or village which adopts one or more standard codes as part of its local building or construction code under this section shall keep at least one copy of each adopted code, or portion thereof, for use and examination by the public in the office of the clerk of the county, city, or village prior to the adoption of the code and as long as such code is in effect.

(9) Notwithstanding the provisions of the Building Construction Act, a public building of any political subdivision shall be built in accordance with the applicable local building or construction code. Fees, if any, for services which monitor a builder's application of codes shall be negotiable between the political subdivisions involved, but such fees shall not exceed the actual expenses incurred by the county, city, or village doing the monitoring.

Laws 1987, LB 227, § 6;

Laws 1993, LB 319, § 4;

Laws 2010, LB799, § 4;

Laws 2011, LB546, § 3;

Laws 2015, LB540, § 2;

Laws 2016, LB704, § 214;

Laws 2017, LB590, § 3;

Laws 2019, LB96, § 2;

Laws 2019, LB130, § 3;

Laws 2019, LB348, § 2;

Laws 2019, LB405, § 2;

Laws 2021, LB131, § 23;

Laws 2025, LB317, § 382.
Neb. Rev. Stat. § 71-7707 — NE Code / Chapter 71 / Section 71-7707
View Statute 71-7707
Status: in_force

If the department determines at any time that the likely benefits resulting from a certified cooperative agreement no longer outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement, the department shall initiate proceedings to terminate the certificate of public advantage in accordance with the Administrative Procedure Act.

Laws 1994, LB 1223, § 117.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 71-6319.15 — NE Code / Chapter 71 / Section 71-6319.15
View Statute 71-6319.15
Status: in_force

Department means the Department of Health and Human Services.

Laws 1999, LB 863, § 17;

Laws 2007, LB296, § 657.
Neb. Rev. Stat. § 71-9402 — NE Code / Chapter 71 / Section 71-9402
View Statute 71-9402
Status: in_force

For purposes of the Assisting Caregiver Transitions Act:

(1) Activities of daily living means transfer, ambulation, exercise, toileting, eating, self-administration of medication, and similar activities;

(2) Aftercare means assistance provided by a caregiver to a patient in the patient’s residence after the patient’s discharge from a hospital following an inpatient stay and may include, but is not limited to, (a) assisting with activities of daily living and (b) carrying out medical or nursing tasks, including, but not limited to, managing wound care, assisting in administration of medication, and operating medical equipment;

(3) Caregiver means a person nineteen years of age or older who is designated by a patient or a patient's legal guardian to provide aftercare;

(4) Hospital means a general acute hospital as defined in section 71-412 ; and

(5) Residence means the home in which a patient resides. Residence does not include an assisted-living facility as defined in section 71-5903 , a group home, a hospital as defined in section 71-419 , an intermediate care facility as defined in section 71-420 , a rehabilitation hospital as defined in section 71-427 or other rehabilitation facility, a nursing facility as defined in section 71-424 , or a skilled nursing facility as defined in section 71-429 .

Laws 2016, LB698, § 8;

Laws 2018, LB439, § 10.
Neb. Rev. Stat. § 71-5726 — NE Code / Chapter 71 / Section 71-5726
View Statute 71-5726
Status: in_force

Public place means an indoor area to which the public is invited or in which the public is permitted, whether or not the public is always invited or permitted. A private residence is not a public place.

Laws 2008, LB395, § 11.
Neb. Rev. Stat. § 71-6305 — NE Code / Chapter 71 / Section 71-6305
View Statute 71-6305
Status: in_force

(1) To apply for a license, a business entity shall submit an application to the department in the form required by the department and shall pay the fee prescribed by the department.

(2) The application shall include, but not be limited to:

(a) The name, address, and nature of the business entity;

(b) A statement that all individuals who will engage in any asbestos project for the business entity will be licensed as required by the Asbestos Control Act;

(c) A description of the protective clothing and respirators that the business entity will use;

(d) The name and address of each asbestos disposal site that the business entity will use;

(e) A description of the site decontamination procedures that the business entity will use;

(f) A description of the removal, enclosure, encapsulation, demolition, dismantling, and maintenance methods that the business entity will use;

(g) A description of the procedures that the business entity will use for handling waste containing asbestos;

(h) A description of the air monitoring procedures that the business entity will use;

(i) A description of the procedures that the business entity will use in cleaning up the asbestos project;

(j) The signature of the chief executive officer of the business entity or his or her designee; and

(k) Such other information as may be necessary for the efficient administration and enforcement of the act and for the protection of the health, safety, and welfare of the general public and all classes of asbestos occupations.

Laws 1986, LB 1051, § 5;

Laws 1988, LB 1073, § 5;

Laws 2007, LB463, § 1246.
Neb. Rev. Stat. § 71-4826 — NE Code / Chapter 71 / Section 71-4826
View Statute 71-4826
Status: in_force

The Revised Uniform Anatomical Gift Act applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

Laws 2010, LB1036, § 3.
Neb. Rev. Stat. § 71-6408 — NE Code / Chapter 71 / Section 71-6408
View Statute 71-6408
Status: in_force

No provision of the state building code may prohibit or otherwise limit the use of a refrigerant designated as acceptable for use pursuant to and in accordance with 42 U.S.C. 7671k, as such section existed on January 1, 2023, as long as any equipment containing such refrigerant is listed and installed in accordance with safety standards and use conditions imposed pursuant to such designation.

Laws 2023, LB531, § 27.
Neb. Rev. Stat. § 71-6226 — NE Code / Chapter 71 / Section 71-6226
View Statute 71-6226
Status: in_force

(1) After receiving and considering reports from the committee or the board, the director shall prepare a final report for the Legislature. The final report shall include copies of the committee report and the board report, if any, but the director shall not be bound by the findings and recommendations of such reports. The director in compiling his or her report shall apply the criteria established in sections 71-6221 to 71-6223 and may consult with the board or the committee. The recommendation of the director shall be developed in a manner consistent with subsection (4) of section 71-6224 . The final report shall be submitted electronically to the Speaker of the Legislature, the Chairperson of the Executive Board of the Legislature, and the Chairperson of the Health and Human Services Committee of the Legislature no later than twelve months after the application is submitted to the director and found to be complete and shall be made available electronically to all other members of the Legislature upon request.

(2) The director may recommend that no legislative action be taken on an application. If the director recommends that an application of an applicant group be approved, the director shall recommend an agency to be responsible for the regulation and the level of regulation to be assigned to such applicant group.

(3) An application which is resubmitted shall be considered the same as a new application.

Laws 1985, LB 407, § 26;

Laws 1988, LB 384, § 12;

Laws 2012, LB782, § 123;

Laws 2012, LB834, § 21.
Neb. Rev. Stat. § 71-8714 — NE Code / Chapter 71 / Section 71-8714
View Statute 71-8714
Status: in_force

A patient safety organization shall meet the following conditions:

(1) It shall be a Nebraska nonprofit corporation described in section 501(c)(3) of the Internal Revenue Code as defined in section 49-801.01 , contributions to which are deductible under section 170 of the code;

(2) The purposes of the organization shall include carrying out the activities of a patient safety organization as described in the Patient Safety Improvement Act; and

(3) It shall have a representative board of directors as described in section 71-8715 .

Laws 2005, LB 361, § 14.
Neb. Rev. Stat. § 71-4841 — NE Code / Chapter 71 / Section 71-4841
View Statute 71-4841
Status: in_force

(a) A person that acts with reasonable care in accordance with the Revised Uniform Anatomical Gift Act or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.

(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.

(c) In determining whether an anatomical gift has been made, amended, or revoked under the Revised Uniform Anatomical Gift Act, a person may rely upon representations of an individual listed in subdivision (a)(2), (3), (4), (5), (6), (7), or (9) of section 71-4832 relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.

Laws 2010, LB1036, § 18.
Neb. Rev. Stat. § 71-6219.01 — NE Code / Chapter 71 / Section 71-6219.01
View Statute 71-6219.01
Status: in_force

Review body shall mean the committee, the board, or the director charged with reviewing applications for new credentialing or change in scope of practice.

Laws 1988, LB 384, § 6.
Neb. Rev. Stat. § 71-6012 — NE Code / Chapter 71 / Section 71-6012
View Statute 71-6012
Status: in_force

Nursing home shall mean a nursing facility or a skilled nursing facility as defined in section 71-424 or 71-429 .

Laws 1983, LB 235, § 5;

Laws 2000, LB 819, § 122.
Neb. Rev. Stat. § 71-6503 — NE Code / Chapter 71 / Section 71-6503
View Statute 71-6503
Status: in_force

An in-home personal services agency shall employ or contract with only persons who meet the requirements of section 71-6502 to provide in-home personal services. The in-home personal services agency shall perform or cause to be performed a criminal history record information check on each in-home personal services worker and a check of his or her driving record as maintained by the Department of Motor Vehicles or by any other state which has issued an operator's license to the in-home personal services worker, when driving is a service provided by the in-home personal services worker, and shall maintain documentation of such checks in its records for inspection at its place of business.

Laws 2007, LB236, § 41.
Neb. Rev. Stat. § 71-4728.01 — NE Code / Chapter 71 / Section 71-4728.01
View Statute 71-4728.01
Status: in_force

The commission shall not deliver direct mental health, alcoholism, and drug abuse services but shall assist in obtaining full access to comprehensive mental health, alcoholism, and drug abuse services for deaf or hard of hearing persons by providing service coordination for deaf or hard of hearing persons with mental health, alcoholism, and drug abuse disorders including:

(1) Meeting the communication needs of deaf or hard of hearing persons including interpreter services and auxiliary aids;

(2) Education and training for persons who provide treatment for mental health, alcoholism, and drug abuse disorders to deaf or hard of hearing persons; and

(3) Placement of assistive-listening devices for deaf or hard of hearing persons in mental health, alcoholism, and drug abuse treatment facilities.

Laws 1995, LB 25, § 4;

Laws 1997, LB 851, § 19.
Neb. Rev. Stat. § 71-6322 — NE Code / Chapter 71 / Section 71-6322
View Statute 71-6322
Status: in_force

To qualify for a license, a firm shall:

(1) Own or demonstrate immediate and continuing access to and maintain in operable condition modern and effective equipment, as prescribed by the department, which is designed for use in abatement projects;

(2) Ensure that each employee or agent of the firm who will participate in an abatement project is licensed as required by the Residential Lead-Based Paint Professions Practice Act;

(3) Demonstrate to the satisfaction of the department that the firm is capable of complying with all applicable requirements, procedures, and standards pertaining to abatement projects; and

(4) Meet any other standards which the department may deem necessary to protect the health, safety, and welfare of all classes of lead-based paint professions and the general public.

Laws 1994, LB 1210, § 170;

Laws 1999, LB 863, § 45;

Laws 2007, LB463, § 1275.
Neb. Rev. Stat. § 71-6328.01 — NE Code / Chapter 71 / Section 71-6328.01
View Statute 71-6328.01
Status: in_force

Any individual or firm who or which has been issued a license, a certificate, or accreditation for training in another state which (1) has a licensure, certification, or accreditation program approved by the federal Environmental Protection Agency, (2) has licensure, accreditation, certification, education, and experience requirements substantially equal to or greater than those adopted by this state, and (3) grants equal licensure, certification, and accreditation privileges to individuals and firms licensed or accredited and residing in this state may be issued an equivalent license or accreditation in Nebraska upon terms and conditions determined by the department. The terms and conditions may reduce the time period the license is valid and the fee requirements.

Laws 1999, LB 863, § 53;

Laws 2003, LB 242, § 146;

Laws 2007, LB463, § 1280.
Neb. Rev. Stat. § 71-6207.01 — NE Code / Chapter 71 / Section 71-6207.01
View Statute 71-6207.01
Status: in_force

Credentialing shall mean the process of regulating health professions by means of registration, certification, or licensure.

Laws 1988, LB 384, § 3.
Neb. Rev. Stat. § 71-4808 — NE Code / Chapter 71 / Section 71-4808
View Statute 71-4808
Status: in_force

Any individual of sound mind and seventeen years of age or more may consent to donate whole blood for the purpose of injecting, transfusing, or transplanting such blood in the human body. No person seventeen or eighteen years of age shall receive compensation for any donation of whole blood without parental permission or authorization.

Laws 1971, LB 799, § 8;

Laws 1972, LB 1086, § 3;

Laws 1977, LB 49, § 1;

Laws 1992, LB 1178, § 9.
Neb. Rev. Stat. § 71-5321 — NE Code / Chapter 71 / Section 71-5321
View Statute 71-5321
Status: in_force

The council shall have the following powers and duties:

(1) The power to adopt and promulgate rules and regulations to govern eligible systems and application procedures and requirements for making loans under the Drinking Water State Revolving Fund Act;

(2) The power to adopt an intended use plan which shall include the funding priorities established in subsection (6) of section 71-5302 . This intended use plan shall be reviewed annually by the council;

(3) The power to adopt a system of establishing interest rates to be charged on loans. The system may allow discounted interest rates for short-term loans or for serious financial hardship. The following factors shall be considered when making a determination of serious financial hardship: Income level of residents; amount of debt and debt service requirements; and level of user fees both in absolute terms and relative to income of residents;

(4) The power to approve criteria for defining disadvantaged communities;

(5) The power to create an administrative fee to be assessed on a loan for the purpose of administering the Drinking Water State Revolving Fund Act; and

(6) Except as limited by section 71-5318 , the power to obligate the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund and the assets thereof, in whole or in part, to repay with interest loans to or credits into such funds, including bonds, the proceeds of which are credited to such funds.

Laws 1997, LB 517, § 10.
Neb. Rev. Stat. § 38-1222 — NE Code / Chapter 71 / Section 38-1222
38-1222
Status: in_force

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

Laws 2003, LB 242, § 129;

R.S.1943, (2003), § 71-5181.01;

Laws 2007, LB463, § 506.
Neb. Rev. Stat. § 38-2424 — NE Code / Chapter 71 / Section 38-2424
38-2424
Status: in_force

Providers of continuing competency activities or licensees may submit courses for review and approval by the board. Each provider or licensee applying for approval of continuing competency activities shall pay an application fee for each program, seminar, or course submitted for review.

Laws 1972, LB 1040, § 7;

Laws 1986, LB 926, § 58;

Laws 1988, LB 693, § 11;

R.S.Supp.,1988, § 71-2045.03;

Laws 1992, LB 1019, § 87;

Laws 1999, LB 411, § 6;

Laws 2002, LB 1021, § 93;

Laws 2002, LB 1062, § 59;

Laws 2003, LB 242, § 135;

R.S.1943, (2003), § 71-6060;

Laws 2007, LB463, § 839.
Neb. Rev. Stat. § 38-1228 — NE Code / Chapter 71 / Section 38-1228
38-1228
Status: in_force

The department, with the approval of the board, may, whenever it deems appropriate, waive any rule, regulation, or standard relating to the licensure of emergency medical services or emergency care providers when the lack of a licensed emergency medical service in a municipality or other area will create an undue hardship in the municipality or other area in meeting the emergency medical service needs of the residents thereof.

Laws 1997, LB 138, § 17;

R.S.1943, (2003), § 71-5188;

Laws 2007, LB463, § 512;

Laws 2020, LB1002, § 36.
Neb. Rev. Stat. § 71-6727 — NE Code / Chapter 71 / Section 71-6727
View Statute 71-6727
Status: in_force

(1) The department shall list each medication aide registration in the Medication Aide Registry as a Medication Aide-40-Hour, Medication Aide-20-Hour, or Medication Aide. A listing in the registry shall be valid for the term of the registration and upon renewal unless such listing is refused renewal or is removed as provided in section 71-6730 .

(2) The registry shall contain the following information on each individual who meets the conditions in section 71-6726 : (a) The individual's full name; (b) information necessary to identify individuals, including those qualified to provide medications in nursing homes, intermediate care facilities for persons with developmental disabilities, or assisted-living facilities; (c) any conviction of a felony or misdemeanor reported to the department; and (d) other information as the department may require by rule and regulation.

Laws 1998, LB 1354, § 17;

Laws 2007, LB463, § 1288;

Laws 2013, LB23, § 41.
Neb. Rev. Stat. § 71-6502 — NE Code / Chapter 71 / Section 71-6502
View Statute 71-6502
Status: in_force

An in-home personal services worker:

(1) Shall be at least eighteen years of age;

(2) Shall have good moral character;

(3) Shall not have been convicted of a crime under the laws of Nebraska or another jurisdiction, the penalty for which is imprisonment for a period of more than one year and which crime is rationally related to the person's fitness or capacity to act as an in-home personal services worker;

(4) Shall have no adverse findings on the Adult Protective Services Central Registry, the central registry created in section 28-718 , the Medication Aide Registry, the Nurse Aide Registry, or the central registry maintained by the sex offender registration and community notification division of the Nebraska State Patrol pursuant to section 29-4004 ;

(5) Shall be able to speak and understand the English language or the language of the person for whom he or she is providing in-home personal services; and

(6) Shall have training sufficient to provide the requisite level of in-home personal services offered.

Laws 2007, LB236, § 40;

Laws 2014, LB853, § 49.

Adult Protective Services Act, see section 28-348 .

Medication Aide Act, see section 71-6718 .
Neb. Rev. Stat. § 71-9508 — NE Code / Chapter 71 / Section 71-9508
View Statute 71-9508
Status: in_force

A direct provider may accept payment of direct service charges directly or indirectly from third parties. A direct provider may accept all or part of a direct service charge paid by an employer on behalf of an employee who is a direct patient. A direct provider shall not enter into a contract with an employer relating to direct agreements between the direct provider and employees of that employer other than to establish the timing and method of the payment of the direct service charge by the employer.

Laws 2016, LB817, § 8.
Neb. Rev. Stat. § 71-7428 — NE Code / Chapter 71 / Section 71-7428
71-7428
Status: in_force

For purposes of the Wholesale Drug Distributor Licensing Act, the definitions found in sections 71-7429 to 71-7446 apply.

Laws 1992, LB 1019, § 2;

R.S.1943, (2003), § 71-7402;

Laws 2006, LB 994, § 2.
Neb. Rev. Stat. § 71-6319.02 — NE Code / Chapter 71 / Section 71-6319.02
View Statute 71-6319.02
Status: in_force

Abatement or abatement project means any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to:

(1) The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil;

(2) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures; and

(3)(a) Projects for which there is a written contract or other documentation which provides that a firm or an individual will be conducting activities in or to a residential dwelling or child-occupied facility that (i) will result in the permanent elimination of lead-based paint hazards or (ii) are designed to permanently eliminate lead-based paint hazards and are described in subdivision (1) or (2) of this section;

(b) Projects resulting in the permanent elimination of lead-based paint hazards conducted by firms or individuals licensed in accordance with the Residential Lead-Based Paint Professions Practice Act unless such projects are excluded from the definition of abatement or abatement project under this section;

(c) Projects resulting in the permanent elimination of lead-based paint hazards conducted by firms or individuals who or which, through company name or promotional literature, hold themselves out to be in the business of performing lead-based paint activities unless such projects are excluded from the definition of abatement or abatement project under this section; or

(d) Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders.

Abatement does not include renovation, remodeling, landscaping, or other activities when such activities are not designed to permanently eliminate lead-based paint hazards but instead are designed to repair, restore, or remodel a structure or dwelling even if such activities may incidentally result in a reduction or elimination of lead-based paint hazards. Abatement does not include interim controls, operations, and maintenance activities or other measures and activities designed to temporarily but not permanently reduce lead-based paint hazards.

Laws 1999, LB 863, § 4;

Laws 2007, LB463, § 1263.
Neb. Rev. Stat. § 71-5908 — NE Code / Chapter 71 / Section 71-5908
View Statute 71-5908
Status: in_force

The department shall adopt and promulgate rules and regulations necessary to carry out the Assisted-Living Facility Act, including, but not limited to, rules and regulations which:

(1) Prohibit the use of chemical or physical restraints at an assisted-living facility;

(2) Require that a criminal background check be conducted on all persons employed as direct care staff at an assisted-living facility;

(3) Establish initial and ongoing training requirements for administrators and approved curriculum for such training. Such requirements shall consist of thirty hours of initial training, including, but not limited to, training in resident care and services, social services, financial management, administration, gerontology, and rules, regulations, and standards relating to the operation of an assisted-living facility. The department may waive initial training requirements established under this subdivision for persons employed as administrators of assisted-living facilities on January 1, 2005, upon application to the department and documentation of equivalent training or experience satisfactory to the department. Training requirements established under this subdivision shall not apply to an administrator who is also a nursing home administrator or a hospital administrator; and

(4) Provide for acceptance of accreditation by a recognized independent accreditation body or public agency, which has standards that are at least as stringent as those of the State of Nebraska, as evidence that the assisted-living facility complies with rules and regulations adopted and promulgated under the Assisted-Living Facility Act.

Laws 2004, LB 1005, § 52.
Neb. Rev. Stat. § 71-7457 — NE Code / Chapter 71 / Section 71-7457
71-7457
Status: in_force

(1) A wholesale drug distributor license may be denied, refused renewal, suspended, limited, or revoked by the department when the department finds that the applicant or licensee has violated any provisions of the Wholesale Drug Distributor Licensing Act or of the rules and regulations adopted and promulgated under the act or has committed any acts or offenses set forth in section 38-178 , 38-179 , or 71-7459 . All actions and proceedings shall be carried out as specified in sections 38-177 to 38-1,115 .

(2) For purposes of this section, applicant or licensee includes, but is not limited to, the board of directors, chief executive officer, and other officers of the applicant or the entity to which the license is issued and the manager of each site if more than one site is located in this state.

Laws 1992, LB 1019, § 23;

Laws 1994, LB 1223, § 79;

Laws 1996, LB 1044, § 779;

R.S.1943, (2003), § 71-7423;

Laws 2006, LB 994, § 31;

Laws 2007, LB296, § 674;

Laws 2007, LB463, § 1296.
Neb. Rev. Stat. § 71-6317 — NE Code / Chapter 71 / Section 71-6317
View Statute 71-6317
Status: in_force

Sections 71-6301 to 71-6317 shall be known and may be cited as the Asbestos Control Act.

Laws 1988, LB 1073, § 18;

Laws 1995, LB 406, § 80;

Laws 2007, LB463, § 1259.

Asbestos removal, credentialing provisions, see sections 38-1,119 to 38-1,123 .
Neb. Rev. Stat. § 71-7702 — NE Code / Chapter 71 / Section 71-7702
View Statute 71-7702
Status: in_force

For purposes of the Health Care Facility-Provider Cooperation Act:

(1) Community planning means a plan which identifies (a) health-care-related resources, facilities, and services within the community, (b) the health care needs of the community, (c) gaps in services, (d) duplication of services, and (e) ways to meet health care needs;

(2) Cooperative agreement means an agreement among two or more health care facilities or other providers for the sharing, allocation, or referral of patients, personnel, instructional programs, equipment, support services and facilities, or medical, diagnostic, or laboratory facilities or procedures or other services traditionally offered or purchased by health care facilities or other providers;

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

(4) Health care facility means:

(a) Any facility required to be licensed under the Health Care Facility Licensure Act or, if in another state, licensed in such state; and

(b) Any parent of a health care facility, health care facility subsidiary, or health care facility affiliate that provides medical or medically related diagnostic and laboratory services or engages in ancillary activities supporting those services; and

(5) Provider means any person licensed to provide health care services under the Uniform Credentialing Act and engaged in the practice of medicine and surgery, osteopathic medicine, pharmacy, optometry, podiatry, physical therapy, or nursing.

Laws 1994, LB 1223, § 112;

Laws 1996, LB 1044, § 786;

Laws 2000, LB 819, § 144;

Laws 2007, LB296, § 686;

Laws 2007, LB463, § 1301.

Health Care Facility Licensure Act, see section 71-401 .

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-8927 — NE Code / Chapter 71 / Section 71-8927
View Statute 71-8927
Status: in_force

(1) If the department finds there is a reasonable probability that (a) a veterinary drug distributor has knowingly and intentionally falsified documents relevant to the purchase, sale, or distribution of veterinary legend drugs or has sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit veterinary legend drug and (b) such drug could cause serious, adverse health consequences or death, the department may issue an order to immediately cease distribution of such drug.

(2) Persons subject to any order issued by the department under this section shall be provided with notice and an opportunity for an informal hearing to be held not later than thirty days after the date the order was issued. If the department determines, after such hearing, that inadequate grounds exist to support the actions required by the order, the department shall vacate the order.

Laws 2008, LB1022, § 27.
Neb. Rev. Stat. § 71-8616 — NE Code / Chapter 71 / Section 71-8616
View Statute 71-8616
Status: in_force

(1) All property, equipment, supplies, and personnel which belonged to, were allocated to, or were used to support the Division of Rehabilitation Services for the Visually Impaired within the Department of Health and Human Services prior to July 1, 2000, are transferred to the Commission for the Blind and Visually Impaired.

(2) All existing contracts and agreements in effect on July 1, 2000, as to the Division of Rehabilitation Services for the Visually Impaired within the Department of Health and Human Services are binding and effective upon the Commission for the Blind and Visually Impaired.

Laws 2000, LB 352, § 16.
Neb. Rev. Stat. § 71-8235 — NE Code / Chapter 71 / Section 71-8235
View Statute 71-8235
Status: in_force

Trauma system means an organized approach to providing care to trauma patients that provides personnel, facilities, and equipment for effective and coordinated trauma care. The trauma system shall identify facilities with specific capabilities to provide care and provide that trauma patients be treated at a designated trauma center appropriate to the patient's level of injury. Trauma system includes prevention, prehospital or out-of-hospital care, hospital care, and rehabilitative services.

Laws 1997, LB 626, § 35;

Laws 2009, LB195, § 98;

Laws 2023, LB227, § 106.
Neb. Rev. Stat. § 71-5829.06 — NE Code / Chapter 71 / Section 71-5829.06
View Statute 71-5829.06
Status: in_force

All rehabilitation beds which require a certificate of need are subject to a moratorium, unless one of the following exceptions applies:

(1) If the average occupancy for all rehabilitation beds located in Nebraska has exceeded ninety percent occupancy during the most recent three consecutive calendar quarters as reported at the time of the filing of the application, the department may grant an exception to the moratorium and issue a certificate of need. If the department determines the average occupancy for all rehabilitation beds located in Nebraska does not exceed ninety percent occupancy during the most recent three consecutive calendar quarters as reported at the time of the filing of the application, the department shall deny the application; or

(2) If the average occupancy for all rehabilitation beds within a health planning region exceeds eighty percent occupancy during the most recent three consecutive calendar quarters as reported at the time of the filing of the application and no other comparable services are otherwise available in the health planning region, the department shall grant an exception to the moratorium and issue a certificate of need for up to three rehabilitation beds.

Laws 1997, LB 798, § 25;

Laws 2008, LB765, § 2.
Neb. Rev. Stat. § 71-4103 — NE Code / Chapter 71 / Section 71-4103
View Statute 71-4103
Status: in_force

A health care practitioner who provides prenatal or postnatal care, who administers or requests administration of a prenatal or postnatal screening or diagnostic test that detects Down syndrome, and who receives a test result from such test that indicates a high likelihood or the definite presence of Down syndrome shall deliver to the parents the information support sheet provided by the department under section 71-4104 .

Laws 2016, LB891, § 3.
Neb. Rev. Stat. § 71-4206 — NE Code / Chapter 71 / Section 71-4206
View Statute 71-4206
Status: in_force

Beginning on January 1, 2017, a hospital that does not have certification described under section 71-4204 shall have a predetermined plan for the triage and transfer of acute stroke patients and shall file the plan annually with the department.

Laws 2016, LB722, § 6.
Neb. Rev. Stat. § 71-3907 — NE Code / Chapter 71 / Section 71-3907
View Statute 71-3907
Status: in_force

(1) An operator, an owner of a tanning facility, or a lessee of a tanning facility shall post a warning sign in a conspicuous location in the tanning facility where it is readily visible by any person entering the tanning facility. The warning sign shall have black letters which are at least one-fourth inch in height.

(2) The warning sign shall include the following information:

DANGER — Ultraviolet Radiation

Follow instructions.

Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injuries and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer.

WEAR PROTECTIVE EYEWEAR — Failure to do so may result in severe burns or long-term injury to eyes.

Medicines or cosmetics can increase your sensitivity to ultraviolet radiation. Consult your physician before using sunlamps if you are using medication or have a history of skin problems or believe yourself to be especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from the use of tanning equipment.

It is unlawful for a tanning facility to allow a person under sixteen years of age to use tanning equipment without being accompanied by the person's parent or legal guardian.

Any person may report a violation of the Indoor Tanning Facility Act to the Department of Health and Human Services.

Laws 2014, LB132, § 7.
Neb. Rev. Stat. § 71-7307 — NE Code / Chapter 71 / Section 71-7307
View Statute 71-7307
Status: in_force

An individual that received a gender-altering procedure in violation of section 71-7304 after October 1, 2023, and while such individual was younger than nineteen years of age, or the parent or guardian of such an individual, may bring a civil action for appropriate relief against the health care practitioner who performed the gender-altering procedure. Appropriate relief in an action under this section includes actual damages and reasonable attorney's fees. An action under this section shall be brought within two years after discovery of damages.

Laws 2023, LB574, § 20.
Neb. Rev. Stat. § 71-9605 — NE Code / Chapter 71 / Section 71-9605
View Statute 71-9605
Status: in_force

A manufacturer of an investigational drug, biological product, or device may make the treatment available pursuant to the Investigational Drug Use Act. An eligible patient may request the manufacturer's investigational drug, biological product, or device for treatment pursuant to the act. The act does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient.

Laws 2018, LB117, § 5.
Neb. Rev. Stat. § 71-8221 — NE Code / Chapter 71 / Section 71-8221
View Statute 71-8221
Status: in_force

Minimum data set means a predetermined set of demographic and medical definitions set forth in the rules and regulations adopted under the Statewide Trauma System Act.

Laws 1997, LB 626, § 21.
Neb. Rev. Stat. § 71-8249 — NE Code / Chapter 71 / Section 71-8249
View Statute 71-8249
Status: in_force

(1) All data collected under section 71-8248 shall be held confidential pursuant to sections 81-663 to 81-675 . Confidential patient medical record data shall only be released as (a) Class I, II, or IV medical records under sections 81-663 to 81-675 , (b) aggregate or case-specific data to the regional trauma system quality assurance program and the regional trauma advisory boards, (c) protected health information to a public health authority, as such terms are defined under the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2008, and (d) protected health information, as defined under the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2008, to an emergency medical service, to an emergency care provider, to a licensed health care facility, or to a center that will treat or has treated a specific patient.

A record may be shared with the emergency medical service, the emergency care provider, the licensed health care facility, or center that reported that specific record.

(2) Patient care quality assurance proceedings, records, and reports developed pursuant to this section and section 71-8248 are confidential and are not subject to discovery by subpoena or admissible as evidence in any civil action, except pursuant to a court order which provides for the protection of sensitive information of interested parties, including the department, pursuant to section 25-12,123 .

Laws 1997, LB 626, § 49;

Laws 2007, LB185, § 46;

Laws 2008, LB797, § 27;

Laws 2020, LB1002, § 55.
Neb. Rev. Stat. § 71-4401 — NE Code / Chapter 71 / Section 71-4401
View Statute 71-4401
Status: in_force

For purposes of sections 71-4401 to 71-4412 , unless the context otherwise requires:

(1) Compendium means the Compendium of Animal Rabies Prevention and Control as published by the National Association of State Public Health Veterinarians;

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

(3) Domestic animal means any dog of the species Canis familiaris, cat of the species Felis domesticus, or ferret of the species Mustela putorius furo, and cat means a cat which is a household pet;

(4) Hybrid animal means any animal which is the product of the breeding of a domestic dog with a nondomestic canine species;

(5) Own, unless otherwise specified, means to possess, keep, harbor, or have control of, charge of, or custody of a domestic or hybrid animal. This term does not apply to domestic or hybrid animals owned by other persons which are temporarily maintained on the premises of a veterinarian or kennel operator for a period of not more than thirty days;

(6) Owner means any person possessing, keeping, harboring, or having charge or control of any domestic or hybrid animal or permitting any domestic or hybrid animal to habitually be or remain on or be lodged or fed within such person's house, yard, or premises. This term does not apply to veterinarians or kennel operators temporarily maintaining on their premises domestic or hybrid animals owned by other persons for a period of not more than thirty days;

(7) Rabies control authority means county, township, city, or village health and law enforcement officials who shall enforce sections 71-4401 to 71-4412 relating to the vaccination and impoundment of domestic or hybrid animals. Such public officials are not responsible for any accident or disease of a domestic or hybrid animal resulting from the enforcement of such sections; and

(8) Vaccination against rabies means the inoculation of a domestic or hybrid animal with a United States Department of Agriculture-licensed rabies vaccine administered consistent with its labeling. Such vaccination shall be performed by a veterinarian duly licensed to practice veterinary medicine in the State of Nebraska or licensed in the state where the vaccination was administered.

Laws 1969, c. 445, § 1, p. 1484;

Laws 1987, LB 104, § 1;

Laws 1996, LB 1044, § 674;

Laws 2000, LB 1115, § 75;

Laws 2007, LB25, § 1;

Laws 2007, LB296, § 585;

Laws 2019, LB61, § 1.
Neb. Rev. Stat. § 71-4843 — NE Code / Chapter 71 / Section 71-4843
View Statute 71-4843
Status: in_force

(a) For purposes of this section:

(1) Advance health care directive means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor;

(2) Declaration means a record signed by a prospective donor specifying the circumstances under which life-sustaining treatment may be withheld or withdrawn from the prospective donor; and

(3) Health care decision means any decision regarding the health care of the prospective donor.

(b) If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or, if none or the agent is not reasonably available, a surrogate acting under the Health Care Surrogacy Act or another person authorized by law other than the Revised Uniform Anatomical Gift Act to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section 71-4832 . Before resolution of the conflict, measures necessary to ensure the medical suitability of the part from a prospective donor may not be administered if it is determined that the administration of those measures would not provide the prospective donor with appropriate end-of-life care or it can be anticipated by reasonable medical judgment that such measures would cause the prospective donor's death other than by the prospective donor's underlying pathology. If the conflict is not resolved expeditiously, the direction of the declaration or advanced directive controls.

Laws 2010, LB1036, § 20;

Laws 2018, LB104, § 22.

Health Care Surrogacy Act, see section 30-601 .
Neb. Rev. Stat. § 71-5725 — NE Code / Chapter 71 / Section 71-5725
View Statute 71-5725
Status: in_force

Proprietor means any employer, owner, operator, supervisor, manager, or other person who controls, governs, or directs the activities in a place of employment or public place.

Laws 2008, LB395, § 10.
Neb. Rev. Stat. § 71-6319.30 — NE Code / Chapter 71 / Section 71-6319.30
View Statute 71-6319.30
Status: in_force

Lead-contaminated dust means surface dust in a residential dwelling or child-occupied facility that contains an area or mass concentration of lead at or in excess of levels identified by the department.

Laws 1999, LB 863, § 32;

Laws 2007, LB296, § 659.
Neb. Rev. Stat. § 71-8614 — NE Code / Chapter 71 / Section 71-8614
View Statute 71-8614
Status: in_force

The commission shall provide an opportunity for a fair hearing to any person applying for or receiving services who is dissatisfied with any action or failure to act arising from the operation or administration of any service or program authorized under the Commission for the Blind and Visually Impaired Act.

Laws 2000, LB 352, § 14.
Neb. Rev. Stat. § 71-5655 — NE Code / Chapter 71 / Section 71-5655
View Statute 71-5655
Status: in_force

The purpose of the commission shall be to advise the department, the Legislature, the Governor, the University of Nebraska, and the citizens of Nebraska regarding all aspects of rural health care and to advise the office regarding the administration of the Rural Health Systems and Professional Incentive Act.

Laws 1991, LB 400, § 6;

Laws 1996, LB 1044, § 729;

Laws 1998, LB 1073, § 154;

Laws 2005, LB 301, § 55;

Laws 2007, LB296, § 627.
Neb. Rev. Stat. § 71-8306 — NE Code / Chapter 71 / Section 71-8306
View Statute 71-8306
Status: in_force

Human services means services that assist individuals in the conduct of daily living and includes the provision of food and shelter, a minimum amount of such assistance and personal care, and health-related services for individuals who are in need of a protected environment but who are otherwise able to manage normal activities of daily living.

Laws 1998, LB 1073, § 112.
Neb. Rev. Stat. § 71-4402.02 — NE Code / Chapter 71 / Section 71-4402.02
View Statute 71-4402.02
Status: in_force

(1) Except as provided in subsection (3) of this section, every hybrid animal in the State of Nebraska shall be vaccinated against rabies and shall be revaccinated at intervals specified by rules and regulations adopted and promulgated by the department. A young hybrid animal shall be initially vaccinated at the age specified in such rules and regulations. An unvaccinated hybrid animal acquired or moved into the State of Nebraska shall be vaccinated within thirty days after purchase or arrival unless under the age for initial vaccination.

(2) The rabies vaccine used to vaccinate a hybrid animal pursuant to this section shall be sold only to licensed veterinarians.

(3) An owner of a hybrid animal in this state prior to the date of development of a licensed vaccine determined scientifically to be reliable in preventing rabies in a hybrid animal shall have one year after such date to comply with this section.

Laws 2007, LB25, § 3.
Neb. Rev. Stat. § 71-6206.01 — NE Code / Chapter 71 / Section 71-6206.01
View Statute 71-6206.01
Status: in_force

Chairperson shall mean the chairperson of the Health and Human Services Committee of the Legislature.

Laws 1993, LB 536, § 104.
Neb. Rev. Stat. § 71-5902 — NE Code / Chapter 71 / Section 71-5902
View Statute 71-5902
Status: in_force

The purposes of the Assisted-Living Facility Act are to supplement provisions of the Health Care Facility Licensure Act relating to the licensure and regulation of assisted-living facilities, to provide for the health and safety of residents of such facilities, and to promote the goals of individualized decisionmaking and personal autonomy.

Laws 2004, LB 1005, § 46;

Laws 2018, LB439, § 3.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 71-6040 — NE Code / Chapter 71 / Section 71-6040
View Statute 71-6040
Status: in_force

The department shall approve all courses, lectures, seminars, course materials, or other instructional programs used to meet the requirements of sections 71-6038 to 71-6042 .

Laws 1983, LB 273, § 3;

Laws 1996, LB 1044, § 750;

Laws 2004, LB 1005, § 112;

Laws 2007, LB463, § 1237.
Neb. Rev. Stat. § 71-5310.01 — NE Code / Chapter 71 / Section 71-5310.01
View Statute 71-5310.01
Status: in_force

Except as otherwise expressly provided, any notice, order, or other instrument issued by or under authority of the director under the Nebraska Safe Drinking Water Act may be served on any person affected by such notice, order, or other instrument, personally or by publication, and proof of such service may be made in like manner as in case of service of a summons in a civil action, such proof to be filed in the office of the department, or such service may be made by mailing a copy of the notice, order, or other instrument by certified or registered mail directed to the person affected at his or her last-known post office address as shown by the files or records of the department, and proof of service may be made by the affidavit of the person who did the mailing and filed in the office of the department.

Every certificate or affidavit of service made and filed as provided in this section shall be prima facie evidence of the facts stated in such certificate or affidavit, and a certified copy shall have like force and effect.

Laws 1988, LB 383, § 9;

Laws 1996, LB 1044, § 718;

Laws 2007, LB296, § 617.
Neb. Rev. Stat. § 71-5681 — NE Code / Chapter 71 / Section 71-5681
View Statute 71-5681
Status: in_force

The Legislature hereby finds and declares that:

(1) Eighty-eight of Nebraska's ninety-three counties are classified as mental and behavioral health profession shortage areas by the federal Health Resources and Services Administration and the Nebraska Department of Health and Human Services;

(2) The Department of Health and Human Services reports that seventy-four percent of the state's psychiatrists, psychologists, and licensed mental health practitioners live and practice in the urban areas of Omaha and Lincoln, which leaves the remaining seventy-two thousand square miles of Nebraska to be covered by approximately one-fourth of the professionals licensed to practice behavioral health in Nebraska;

(3) Thirty-eight Nebraska counties have one or no licensed behavioral health professional; and

(4) Reductions in federal funding will result in the elimination of over five thousand five hundred behavioral health patient visits in rural Nebraska.

Laws 2006, LB 994, § 39;

Laws 2007, LB296, § 628.
Neb. Rev. Stat. § 71-8804 — NE Code / Chapter 71 / Section 71-8804
View Statute 71-8804
Status: in_force

(1) The committee shall establish a grant process to award grants to Nebraska institutions or researchers for the purpose of conducting nonembryonic stem cell research. The grant process shall include, but not be limited to, an application identifying the institution or researcher applying for the grant, the amount of funds to be received by the applicant from sources other than state funds, the sources of such funds, and a description of the goal of the research for which the funds will be used and research methods to be used by the applicant.

(2) The committee shall submit electronically an annual report to the Legislature stating the number of grants awarded, the amount of the grants, and the researchers or institutions to which the grants were awarded.

Laws 2008, LB606, § 4;

Laws 2012, LB782, § 128.
Neb. Rev. Stat. § 71-4611 — NE Code / Chapter 71 / Section 71-4611
View Statute 71-4611
Status: in_force

For purposes of carrying out the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, the commission may:

(1) Hold such hearings, take such testimony, act at such times and places, administer such oaths, and require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memoranda, contracts, agreements, or other records as the commission deems advisable. Witnesses summoned pursuant to this section shall be paid the same fees as are paid witnesses in the district courts of the state and mileage as provided in section 81-1176 ;

(2) Examine and copy any documentary evidence of any person having materials or information relevant to any function of the commission under the code;

(3) Require, by general or special orders, any person to file, in such form as the commission may prescribe, reports or answers in writing to specific questions relating to any function of the commission under the code. Such reports and answers shall be made under oath or otherwise and shall be filed with the commission within such reasonable period as the commission may prescribe; and

(4) Make available to the public any information which may indicate the existence of a failure to comply which relates to manufactured-home or recreational-vehicle construction or safety or of the failure of a manufactured home or recreational vehicle to comply with applicable standards. The commission shall disclose so much of other information obtained under this subdivision to the public as it determines will assist in carrying out the code, but it shall not under the authority of this subdivision make available or disclose to the public any information which contains or relates to a trade secret or any information the disclosure of which would put the person furnishing such information at a substantial competitive disadvantage, unless the commission determines that it is necessary to carry out the purposes of the code.

Laws 1975, LB 300, § 10;

Laws 1981, LB 204, § 129;

Laws 1985, LB 313, § 15;

Laws 1993, LB 536, § 93;

Laws 1998, LB 1073, § 135.
Neb. Rev. Stat. § 71-8241 — NE Code / Chapter 71 / Section 71-8241
View Statute 71-8241
Status: in_force

The department shall facilitate coordination of the State Trauma Advisory Board and the Board of Emergency Medical Services to advise the department on development of the statewide trauma system.

Laws 1997, LB 626, § 41;

Laws 2023, LB227, § 111.
Neb. Rev. Stat. § 71-4833 — NE Code / Chapter 71 / Section 71-4833
View Statute 71-4833
Status: in_force

(a) A person authorized to make an anatomical gift under section 71-4832 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.

(b) Subject to subsection (c) of this section, an anatomical gift by a person authorized under section 71-4832 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under section 71-4832 may be:

(1) Amended only if a majority of the reasonably available members agree to the amending of the gift; or

(2) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.

(c) A revocation under subsection (b) of this section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

Laws 2010, LB1036, § 10.
Neb. Rev. Stat. § 71-5322 — NE Code / Chapter 71 / Section 71-5322
View Statute 71-5322
Status: in_force

The department shall have the following powers and duties:

(1) The power to establish a program to make loans to owners of public water systems, individually or jointly, for construction or modification of safe drinking water projects in accordance with the Drinking Water State Revolving Fund Act and the rules and regulations of the council adopted and promulgated pursuant to such act;

(2) The power, if so authorized by the council pursuant to section 71-5321 , to execute and deliver documents obligating the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund and the assets thereof to the extent permitted by section 71-5318 to repay, with interest, loans to or credits into such funds and to execute and deliver documents pledging to the extent permitted by section 71-5318 all or part of such funds and assets to secure, directly or indirectly, the loans or credits;

(3) The duty to prepare an annual report for the Governor and the Legislature. The report submitted to the Legislature shall be submitted electronically;

(4) The duty to establish fiscal controls and accounting procedures sufficient to assure proper accounting during appropriate accounting periods, including the following:

(a) Accounting from the Nebraska Investment Finance Authority for the costs associated with the issuance of bonds pursuant to the act;

(b) Accounting for payments or deposits received by the funds;

(c) Accounting for disbursements made by the funds; and

(d) Balancing the funds at the beginning and end of the accounting period;

(5) The duty to establish financial capability requirements that assure sufficient revenue to operate and maintain a facility for its useful life and to repay the loan for such facility;

(6) The power to determine the rate of interest to be charged on a loan in accordance with the rules and regulations adopted and promulgated by the council;

(7) The power to develop an intended use plan for adoption by the council;

(8) The power to enter into required agreements with the United States Environmental Protection Agency pursuant to the Safe Drinking Water Act;

(9) The power to enter into agreements to provide grants and loan forgiveness concurrent with loans to public water systems that provide service to ten thousand persons or less, that are operated by political subdivisions, and that demonstrate serious financial hardships. The department may enter into agreements for up to seventy-five percent of the eligible project cost. Such agreements shall contain a provision that payment of the amount allocated is conditional upon the availability of appropriated funds;

(10) The power to enter into agreements to provide grants and loan forgiveness, for up to seventy-five percent of eligible project costs, concurrent with loans to public water systems for lead service line replacement projects in accordance with all federal regulatory and statutory provisions;

(11) The power to provide emergency funding to public water systems operated by political subdivisions with drinking water facilities which have been damaged or destroyed by natural disaster or other unanticipated actions or circumstances. Such funding shall not be used for routine repair or maintenance of facilities;

nt projects in accordance with all federal regulatory and statutory provisions;

(11) The power to provide emergency funding to public water systems operated by political subdivisions with drinking water facilities which have been damaged or destroyed by natural disaster or other unanticipated actions or circumstances. Such funding shall not be used for routine repair or maintenance of facilities;

(12) The power to provide financial assistance consistent with the intended use plan, described in subdivision (7) of this section, for completion of engineering studies, research projects to investigate low-cost options for achieving compliance with safe drinking water standards, preliminary engineering reports, regional water system planning, source water protection, and other studies for the purpose of enhancing the ability of communities to meet the requirements of the Safe Drinking Water Act, to public water systems that provide service to ten thousand persons or less, that are operated by political subdivisions, and that demonstrate serious financial hardships. The department may enter into agreements for up to ninety percent of the eligible project cost. Such agreements shall contain a provision that payment of the amount obligated is conditional upon the availability of appropriated funds; and

(13) Such other powers as may be necessary and appropriate for the exercise of the duties created under the Drinking Water State Revolving Fund Act.

Laws 1997, LB 517, § 11;

Laws 2001, LB 667, § 47;

Laws 2007, LB80, § 2;

Laws 2007, LB296, § 621;

Laws 2012, LB782, § 122;

Laws 2017, LB182, § 1;

Laws 2022, LB809, § 3;

Laws 2024, LB880, § 2.
Neb. Rev. Stat. § 71-4829 — NE Code / Chapter 71 / Section 71-4829
View Statute 71-4829
Status: in_force

(a) Subject to section 71-4831 , a donor or other person authorized to make an anatomical gift under section 71-4827 may amend or revoke an anatomical gift by:

(1) A record signed by:

(A) The donor;

(B) The other person; or

(C) Subject to subsection (b) of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or

(2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.

(b) A record signed pursuant to subdivision (a)(1)(C) 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 donor or the other person; and

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

(c) Subject to section 71-4831 , a donor or other person authorized to make an anatomical gift under section 71-4827 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a) of this section.

Laws 2010, LB1036, § 6.
Neb. Rev. Stat. § 71-5309 — NE Code / Chapter 71 / Section 71-5309
View Statute 71-5309
Status: in_force

(1) The director shall adopt and promulgate, as necessary, minimum rules and regulations governing the qualifications of operators of public water systems. In adopting such rules and regulations, the director shall give consideration to the levels of training and experience which are required, in the opinion of the director, to insure to the greatest extent possible that the public water systems shall be operated in such a manner that (a) maximum efficiency can be attained, (b) interruptions in service will not occur, (c) chemical treatment of the water will be adequate to maintain purity and safety, and (d) harmful materials will not enter the public water system.

(2) The director may require, by rule and regulation, that the applicant for a license successfully pass an examination on the subject of operation of a public water system. The rules and regulations, and any tests so administered, may set out different requirements for public water systems based on one or more of the following: Physical size of the facilities, number of persons served, system classification, source of water, treatment technique and purpose, and distribution complexity, so long as the criteria set forth in this section are followed.

(3) An applicant for a license as a public water system operator under the Nebraska Safe Drinking Water Act who previously held a license or certification as a public water system operator under the act and whose license or certification expired two years or more prior to the date of application shall take the examination required to be taken by an applicant for an initial license under the act. The department's review of the application for licensure by an applicant under this subsection shall include the results of such examination and the applicant's experience and training. The department may by rules and regulations establish requirements for relicensure under the act which are more stringent for applicants whose license is expired or has been revoked or suspended than those for applicants for initial licensure.

(4) The director may adopt and promulgate rules and regulations as necessary to establish procedures for licensing, including, but not limited to, issuance of temporary or emergency licenses, reinstatement of licenses, and reciprocal licensure agreements with other states.

(5) The director may deny, revoke, or suspend a license after notice and an opportunity for a hearing. Grounds for denial, revocation, or suspension include, but are not limited to, (a) fraud or deception by the applicant or licensee, (b) failure to use reasonable care in the performance of licensed activities, (c) inability of the applicant or licensee to perform licensed activities properly, (d) failure to maintain the minimum requirements for licensure or operation established by the act or the rules and regulations adopted and promulgated under the act, or (e) any other violation of the act or the rules and regulations adopted and promulgated under the act.

Laws 1976, LB 821, § 9;

Laws 1988, LB 383, § 7;

Laws 2001, LB 667, § 40;

Laws 2003, LB 31, § 6;

Laws 2007, LB463, § 1228;

Laws 2009, LB288, § 35;

Laws 2021, LB148, § 78.
Neb. Rev. Stat. § 71-6220 — NE Code / Chapter 71 / Section 71-6220
View Statute 71-6220
Status: in_force

State agency shall include every state office, department, board, commission, regulatory entity, and agency of the state and, when provided specifically by law to be a state agency for purposes of this section, programs and activities involving less than the full responsibility of a state agency.

Laws 1985, LB 407, § 20;

Laws 1991, LB 81, § 5.
Neb. Rev. Stat. § 71-5906 — NE Code / Chapter 71 / Section 71-5906
View Statute 71-5906
Status: in_force

(1) An assisted-living facility may provide complex nursing interventions on a part-time or intermittent basis.

(2) Every person seeking admission to an assisted-living facility or the authorized representative of such person shall, upon admission and annually thereafter, provide the facility with a list of drugs, devices, biologicals, and supplements being taken or being used by the person, including dosage, instructions for use, and reported use.

(3) Every person residing in an assisted-living facility or the authorized representative of such person shall annually provide the facility with a list of drugs, devices, biologicals, and supplements being taken or being used by such person, including dosage, instructions for use, and reported use.

(4) An assisted-living facility shall not be subject to disciplinary action by the department for the failure of any person seeking admission to or residing at such facility or the authorized representative of such person to comply with subsections (2) and (3) of this section.

(5) Each assisted-living facility shall provide for a registered nurse to review medication administration policies and procedures and to be responsible for the training of medication aides at such facility.

Laws 2004, LB 1005, § 50;

Laws 2018, LB439, § 7.
Neb. Rev. Stat. § 71-4404 — NE Code / Chapter 71 / Section 71-4404
View Statute 71-4404
Status: in_force

The cost of rabies vaccination shall be borne by the owner of the domestic or hybrid animal.

Laws 1969, c. 445, § 4, p. 1486;

Laws 1987, LB 104, § 4;

Laws 2007, LB25, § 6.
Neb. Rev. Stat. § 71-7433 — NE Code / Chapter 71 / Section 71-7433
71-7433
Status: in_force

Common control means that the power to direct or cause the direction of the management and policies of a person or an organization by ownership of stock or voting rights, by contract, or otherwise is held by the same person or persons.

Laws 1992, LB 1019, § 6;

R.S.1943, (2003), § 71-7406;

Laws 2006, LB 994, § 7.
Neb. Rev. Stat. § 71-7620 — NE Code / Chapter 71 / Section 71-7620
View Statute 71-7620
Status: in_force

The recipients of funds under the Native American Public Health Act shall submit a report on the activities funded each fiscal year. The report shall provide information as required by the Department of Health and Human Services to determine the effectiveness of the contract in meeting the goals of the Native American Public Health Act.

Laws 1998, LB 1070, § 16;

Laws 2005, LB 301, § 60;

Laws 2007, LB296, § 683.
Neb. Rev. Stat. § 71-6039.06 — NE Code / Chapter 71 / Section 71-6039.06
View Statute 71-6039.06
Status: in_force

Nurse aides and paid dining assistants are eligible to participate in the Licensee Assistance Program as prescribed by section 38-175 .

Laws 2007, LB463, § 1240;

Laws 2017, LB417, § 15.
Neb. Rev. Stat. § 71-7304 — NE Code / Chapter 71 / Section 71-7304
View Statute 71-7304
Status: in_force

(1) Except as provided in the Let Them Grow Act and the rules and regulations adopted and promulgated pursuant to the act, a health care practitioner shall not perform gender-altering procedures in this state for an individual younger than nineteen years of age.

(2) The intentional and knowing performance of gender-altering procedures by a health care practitioner for an individual younger than nineteen years of age in violation of subsection (1) of this section shall be considered unprofessional conduct as defined in section 38-179 .

(3) This section does not apply to the continuation of treatment using puberty-blocking drugs, cross-sex hormones, or both when the course of treatment began before October 1, 2023.

(4) This section does not apply to nonsurgical gender-altering procedures when such procedures are provided in compliance with the rules and regulations adopted and promulgated pursuant to section 71-7305 .

Laws 2023, LB574, § 17.
Neb. Rev. Stat. § 71-6735 — NE Code / Chapter 71 / Section 71-6735
View Statute 71-6735
Status: in_force

A facility shall be subject to discipline under the Health Care Facility Licensure Act or other relevant statutes for violation of the Medication Aide Act or the rules and regulations. A school shall be subject to discipline under Chapter 79 for violation of the Medication Aide Act or the applicable rules and regulations. A child care facility shall be subject to discipline under the Child Care Licensing Act for violation of the Medication Aide Act or the rules and regulations.

Laws 1998, LB 1354, § 25;

Laws 2000, LB 819, § 140;

Laws 2004, LB 1005, § 133.

Child Care Licensing Act, see section 71-1908 .

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 71-8712 — NE Code / Chapter 71 / Section 71-8712
View Statute 71-8712
Status: in_force

Any reference to, or offer into evidence in the presence of the jury or other factfinder or admission into evidence of, patient safety work product during any proceeding contrary to the Patient Safety Improvement Act shall constitute grounds for a mistrial or a similar termination of the proceeding and reversible error on appeal from any judgment or order entered in favor of any party who discloses or offers into evidence patient safety work product in violation of the act.

Laws 2005, LB 361, § 12.
Neb. Rev. Stat. § 71-6319.38 — NE Code / Chapter 71 / Section 71-6319.38
View Statute 71-6319.38
Status: in_force

Training curriculum means an established set of course topics for instruction in an accredited training program for a particular lead-based paint profession designed to provide specialized knowledge and skills.

Laws 1999, LB 863, § 40.
Neb. Rev. Stat. § 71-8305 — NE Code / Chapter 71 / Section 71-8305
View Statute 71-8305
Status: in_force

Health care services means services associated with the diagnosis and treatment of physical, mental, or emotional injury or illness or the prevention, rehabilitation, or continuing care related to health problems.

Laws 1998, LB 1073, § 111.
Neb. Rev. Stat. § 38-1237 — NE Code / Chapter 71 / Section 38-1237
38-1237
Status: in_force

It shall be unlawful for any person who has not been licensed pursuant to the Emergency Medical Services Practice Act or authorized pursuant to the EMS Personnel Licensure Interstate Compact to hold himself or herself out as an emergency care provider, to use any other term to indicate or imply that he or she is an emergency care provider, or to act as such a provider without a license therefor. It shall be unlawful for any person to operate a training agency for the initial training or renewal or reinstatement of licensure of emergency care providers unless the training agency is approved pursuant to rules and regulations of the department. It shall be unlawful for any person to operate an emergency medical service unless such service is licensed.

Laws 1997, LB 138, § 28;

R.S.1943, (2003), § 71-5199;

Laws 2007, LB463, § 521;

Laws 2018, LB1034, § 29;

Laws 2020, LB1002, § 40.

EMS Personnel Licensure Interstate Compact, see section 38-3801 .
Neb. Rev. Stat. § 71-8245 — NE Code / Chapter 71 / Section 71-8245
View Statute 71-8245
Status: in_force

(1) The department may contract for reviews of such hospitals and health care facilities to determine compliance with required standards as part of the process to designate and renew the designation of hospitals and health care facilities as advanced, basic, comprehensive, or general level trauma centers. The applicant shall submit to the department documentation of current verification or accreditation as part of the process to designate a health care facility as a general, intermediate, or advanced level rehabilitation center or a specialty level burn or pediatric trauma center.

(2) Members of review teams and staff included in onsite visits shall not divulge and cannot be subpoenaed to divulge information obtained or reports written pursuant to this section in any civil action, except pursuant to a court order which provides for the protection of sensitive information of interested parties, including the department, in actions arising out of:

(a) The designation of a hospital or health care facility pursuant to section 71-8244 ;

(b) The revocation or suspension of a designation under such section; or

(c) The restriction or revocation of the clinical or staff privileges of a health care provider, subject to any further restrictions on disclosure that may apply.

(3) Information that identifies an individual patient shall not be publicly disclosed without the patient's consent.

(4) The department may establish fees to defray the costs of carrying out onsite reviews required by this section, but such fees shall not be assessed to health care facilities designated as basic or general level trauma centers.

(5) This section does not restrict the authority of a hospital or a health care provider to provide services which it has been authorized to provide by state law.

Laws 1997, LB 626, § 45;

Laws 2009, LB195, § 105;

Laws 2015, LB46, § 11;

Laws 2023, LB227, § 115.
Neb. Rev. Stat. § 71-4618 — NE Code / Chapter 71 / Section 71-4618
View Statute 71-4618
Status: in_force

(1) If the commission determines that any manufactured home or recreational vehicle (a) does not comply with an applicable standard adopted by the commission or (b) contains a failure to conform which constitutes an 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, it shall immediately notify the manufacturer of such failure to conform. The notice shall contain the findings of the commission and shall include all information upon which the findings are based.

(2) The commission shall afford such manufacturer an opportunity to present its views and supporting evidence to establish that there is no failure to conform. If, after such presentation by the manufacturer, the commission determines that there is a failure to conform with applicable standards or a failure to conform which constitutes a serious defect or an imminent safety hazard, the commission shall direct the manufacturer to furnish the notification specified in section 71-4616 .

Laws 1975, LB 300, § 17;

Laws 1985, LB 313, § 21;

Laws 1993, LB 536, § 98;

Laws 1998, LB 1073, § 142.
Neb. Rev. Stat. § 71-6732 — NE Code / Chapter 71 / Section 71-6732
View Statute 71-6732
Status: in_force

Except as provided by section 71-6731 , an applicant or registrant who desires to contest an action or to further contest an affirmed or modified action shall do so in the manner provided in the Administrative Procedure Act for contested cases. The chief medical officer as designated in section 81-3115 shall be the decisionmaker in a contested case under this section. The hearings on a petition for judicial review of any final decision regarding an action for an alleged violation shall be set for hearing at the earliest possible date. The times for pleadings and hearings in such action shall be set by the judge of the court with the object of securing a decision at the earliest possible time.

Laws 1998, LB 1354, § 22;

Laws 2007, LB296, § 666.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 71-6202 — NE Code / Chapter 71 / Section 71-6202
View Statute 71-6202
Status: in_force

The purpose of the Nebraska Regulation of Health Professions Act is to establish guidelines for the regulation of health professions which are not licensed or regulated and those licensed or regulated health professions which seek to change their scope of practice. The Legislature believes that all individuals should be permitted to provide a health service, a health-related service, or an environmental service unless there is an overwhelming need for the state to protect the public from harm.

Laws 1985, LB 407, § 2;

Laws 2012, LB834, § 4.
Neb. Rev. Stat. § 71-5211 — NE Code / Chapter 71 / Section 71-5211
View Statute 71-5211
Status: in_force

For purposes of the Primary Care Provider Act, primary care means family practice, general practice, general internal medicine, general pediatrics, general surgery, obstetrics/gynecology, and psychiatry.

Laws 1994, LB 1223, § 70;

Laws 1996, LB 1155, § 43.
Neb. Rev. Stat. § 71-3815 — NE Code / Chapter 71 / Section 71-3815
View Statute 71-3815
Status: in_force

The department may adopt and promulgate rules and regulations to carry out the Kratom Consumer Protection Act.

Laws 2025, LB230, § 15.
Neb. Rev. Stat. § 71-4402.03 — NE Code / Chapter 71 / Section 71-4402.03
View Statute 71-4402.03
Status: in_force

To protect the health, safety, and welfare of the public and to ensure, to the greatest extent possible, efficient and adequate practices, the department shall adopt and promulgate rules and regulations for the control and prevention of rabies. Such rules and regulations shall generally comply with the compendium and the recommendations of the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services. The department may consider changes in the compendium and recommendations of the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services when adopting and promulgating such rules and regulations.

Laws 2007, LB25, § 4;

Laws 2019, LB61, § 2.
Neb. Rev. Stat. § 71-8310 — NE Code / Chapter 71 / Section 71-8310
View Statute 71-8310
Status: in_force

Changes in the credentialing of categories of currently licensed facilities should occur only when:

(1) Credentialing is not needed to ensure the protection of the public health, safety, or welfare or the then current rules and regulations or statutory provisions are not providing adequate protection of the public health, safety, or welfare;

(2) Credentialing has been more detrimental than beneficial to the public health, safety, or welfare by diminishing the supply of qualified providers or the public's access to needed services; or

(3) There are more cost-effective means of protecting the public from harm than credentialing.

Laws 1998, LB 1073, § 116.
Neb. Rev. Stat. § 71-7449 — NE Code / Chapter 71 / Section 71-7449
View Statute 71-7449
Status: in_force

Each designated representative named under subdivision (1)(e) of section 71-7448 shall provide the following information prior to the issuance of an initial or renewal license under such section:

(1) The designated representative's places of residence for the immediately preceding seven years;

(2) The designated representative's date and place of birth;

(3) All occupations, positions of employment, and offices held by the designated representative during the immediately preceding seven years and the principal businesses and the addresses of any business, corporation, or other organization in which such occupations, positions, or offices were held;

(4) Whether the designated representative has been, at any time during the immediately preceding seven years, the subject of any proceeding for the revocation of any license and, if so, the nature of the proceeding and its disposition;

(5) Whether the designated representative has been, at any time during the immediately preceding seven years, either temporarily or permanently enjoined by a court of competent jurisdiction from violations of any federal or state law regulating the possession, control, or distribution of prescription drugs, and, if so, the details of such order;

(6) A description of any involvement by the designated representative during the immediately preceding seven years, other than the ownership of stock in a publicly traded company or mutual fund, with any business which manufactured, administered, distributed, or stored prescription drugs and any lawsuits in which such businesses were named as a party;

(7) Whether the designated representative has ever been convicted of any felony and details relating to such conviction; and

(8) A photograph of the designated representative taken within the immediately preceding thirty days.

Laws 2006, LB 994, § 23.
Neb. Rev. Stat. § 71-4209 — NE Code / Chapter 71 / Section 71-4209
View Statute 71-4209
Status: in_force

(1) The department shall establish a stroke system of care task force to address matters of triage, treatment, and transport of possible acute stroke patients. The task force shall include representation from the department, including a program created by the department to address chronic disease prevention and control issues including cardiovascular health, the Emergency Medical Services Program created by the department, and the Office of Rural Health, the American Stroke Association, the Nebraska State Stroke Association, hospitals designated as comprehensive stroke centers under the Stroke System of Care Act, hospitals designated as primary stroke centers under the act, hospitals designated as thrombectomy-capable stroke centers under the act, rural hospitals, physicians, and emergency medical services licensed pursuant to the Emergency Medical Services Practice Act.

(2) The task force shall provide advice and recommendations to the department regarding the implementation of the Stroke System of Care Act. The task force shall focus on serving both rural and urban areas. The task force shall provide advice regarding protocols for the assessment, stabilization, and appropriate routing of stroke patients by emergency medical services and for coordination and communication between hospitals, comprehensive stroke centers, primary stroke centers, and other support services necessary to assure all residents of Nebraska have access to effective and efficient stroke care.

(3) The task force shall recommend eligible essential health care services for acute stroke care provided through telehealth as defined in section 71-8503 .

Laws 2016, LB722, § 9;

Laws 2018, LB1034, § 68.

Emergency Medical Services Practice Act, see section 38-1201 .
Neb. Rev. Stat. § 71-4403 — NE Code / Chapter 71 / Section 71-4403
View Statute 71-4403
Status: in_force

It shall be the duty of each veterinarian, at the time of vaccinating any domestic or hybrid animal, to complete a certificate of rabies vaccination which shall include, but not be limited to, the following information:

(1) The owner's name and address;

(2) An adequate description of the domestic or hybrid animal, including, but not limited to, such items as the domestic or hybrid animal's breed, sex, age, name, and distinctive markings;

(3) The date of vaccination;

(4) The rabies vaccination tag number;

(5) The type of rabies vaccine administered by dosage and number of years of effectiveness;

(6) The manufacturer's serial number of the vaccine used; and

(7) The date by which the next vaccination is due.

Such veterinarian shall issue a tag with the certificate of vaccination.

Laws 1969, c. 445, § 3, p. 1485;

Laws 1987, LB 104, § 3;

Laws 2007, LB25, § 5;

Laws 2019, LB61, § 3.
Neb. Rev. Stat. § 71-8512 — NE Code / Chapter 71 / Section 71-8512
View Statute 71-8512
Status: in_force

(1) The University of Nebraska Medical Center shall create the Behavioral Health Screening and Referral Pilot Program. The pilot program shall utilize a strategy of screening and behavioral health intervention in coordination with the regional behavioral health authorities established pursuant to section 71-808 in which the clinics identified under subsection (2) of this section are located. It is the intent of the Legislature that the pilot program demonstrate a method of addressing the unmet emotional or behavioral health needs of children that can be replicated statewide. Under the pilot program, behavioral health screening will be offered: (a) In primary care providers' offices during examinations under the early and periodic screening, diagnosis, and treatment services program pursuant to 42 U.S.C. 1396d(r), as such section existed on January 1, 2013; or (b) upon request from parents or legal guardians who have concerns about a child's behavioral health.

(2) Three clinics shall be selected to serve as sites for the pilot program, including at least one rural and one urban clinic. Selected clinics shall have child psychologists integrated in the pediatric practice of the clinics. Parents or legal guardians of children participating in the pilot program shall be offered routine mental and behavioral health screening for their child during required physical examinations or at the request of a parent or legal guardian. Behavioral health screening shall be administered by clinic staff and interpreted by the psychiatrist, psychiatric nurse practitioner, psychologist, or licensed mental health practitioner and the child's primary care physician.

(3) Children identified through such screenings as being at risk may be referred for further evaluation and diagnosis as indicated. If intervention is required, the primary care medical team, including the psychologist and the primary care physician, shall develop a treatment plan collaboratively with the parent or legal guardian and any other individuals identified by the parent or legal guardian. If appropriate, the child shall receive behavioral therapy, medication, or combination therapy within the primary care practice setting.

(4) Consultation via telephone or telehealth with faculty and staff of the departments of Child and Adolescent Psychiatry, Psychiatric Nursing, and Developmental Pediatrics, and the Munroe-Meyer Institute Psychology Department, of the University of Nebraska Medical Center shall be available to the primary care practice and the children as needed to manage the care of children with mental or behavioral health issues that require more specialized care than can be provided by the primary care practice.

(5) Data on the pilot program shall be collected and evaluated by the Interdisciplinary Center for Program Evaluation at the Munroe-Meyer Institute of the University of Nebraska Medical Center. Evaluation of the pilot program shall include, but not be limited to:

(a) The number of referrals for behavioral health screening under the pilot program;

(b) Whether each referral is initiated by a parent, a school, or a physician;

(c) The number of children and adolescents recommended for further psychological assessment after screening for a possible behavioral health disorder;

(d) The number and type of further psychological assessments of children and adolescents recommended and conducted;

(e) The number and type of behavioral health disorders in children and adolescents diagnosed as a result of a further psychological assessment following a behavioral health screening under the pilot program;

(f) The number and types of referrals of children and adolescents for behavioral health treatment from primary care medical practitioners;

(g) The number of children and adolescents successfully treated for a behavioral health disorder based upon patient reports, parent ratings, and academic records;

urther psychological assessment following a behavioral health screening under the pilot program;

(f) The number and types of referrals of children and adolescents for behavioral health treatment from primary care medical practitioners;

(g) The number of children and adolescents successfully treated for a behavioral health disorder based upon patient reports, parent ratings, and academic records;

(h) The number and type of referrals of children and adolescents to psychiatric backup services at the University of Nebraska Medical Center;

(i) The number of children and adolescents diagnosed with a behavioral health disorder who are successfully managed or treated through psychiatric backup services from the University of Nebraska Medical Center;

(j) The number and types of medications, consultations, or prescriptions ordered by psychiatric nurse practitioners for children and adolescents;

(k) The number of referrals of children and adolescents for severe behavioral health disorders and consultations to child psychiatrists, developmental pediatricians, or psychologists specializing in treatment of adolescents;

(l) The number of children and adolescents referred to psychiatric hospitals or emergency departments of acute care hospitals for treatment for dangerous or suicidal behavior;

(m) The number of children and adolescents prescribed psychotropic medications and the types of such psychotropic medications; and

(n) Data collection on program costs and financial impact as related to capacity for replication in other primary care practices. Primary program costs include physician and psychologist time for conducting screenings, family interviews, further testing, and specialist consulting costs relating to consulting services by psychiatric nurses, developmental pediatricians, and psychologists. Treatment or medications paid by private insurance, the medical assistance program, or the State Children's Health Insurance Program shall not be included in program costs pursuant to this subdivision.

(6) This section terminates two years after September 6, 2015.

Laws 2013, LB556, § 4;

Laws 2015, LB240, § 1.
Neb. Rev. Stat. § 71-4737 — NE Code / Chapter 71 / Section 71-4737
View Statute 71-4737
Status: in_force

The Legislature recognizes that it is necessary to track newborns and infants identified with a potential hearing loss or who have been evaluated and have been found to have a hearing loss for a period of time in order to render appropriate followup care. The Department of Health and Human Services shall determine and implement the most appropriate system for this state which is available to track newborns and infants identified with a hearing loss. It is the intent of the Legislature that the tracking system provide the department and Legislature with the information necessary to effectively plan and establish a comprehensive system of developmentally appropriate services for newborns and infants who have a potential hearing loss or who have been found to have a hearing loss and shall reduce the likelihood of associated disabling conditions for such newborns and infants.

Laws 2000, LB 950, § 4;

Laws 2005, LB 301, § 44;

Laws 2007, LB296, § 591.
Neb. Rev. Stat. § 71-8240 — NE Code / Chapter 71 / Section 71-8240
View Statute 71-8240
Status: in_force

The department shall establish and maintain the following on a statewide basis:

(1) Trauma system objectives and priorities;

(2) Minimum trauma standards for facilities, equipment, and personnel for advanced, basic, comprehensive, and general level trauma centers and specialty level burn or pediatric trauma centers;

(3) Minimum standards for facilities, equipment, and personnel for advanced, intermediate, and general level rehabilitation centers;

(4) Minimum trauma standards for the development of facility patient care protocols;

(5) Trauma care regions as provided for in section 71-8250 ;

(6) A program for emergency medical services and trauma care research and development; and

(7) The designation of hospitals and health care facilities to provide designated trauma care services.

Laws 1997, LB 626, § 40;

Laws 2009, LB195, § 101;

Laws 2015, LB46, § 9;

Laws 2020, LB1002, § 53;

Laws 2023, LB227, § 110.
Neb. Rev. Stat. § 71-7107 — NE Code / Chapter 71 / Section 71-7107
View Statute 71-7107
Status: in_force

(1) The Department of Health and Human Services shall be the lead agency for the program.

(2) Until July 1, 2026, the department shall:

(a) Provide office support to program activities;

(b) Provide necessary equipment for the program and participants;

(c) Provide staff support to the Critical Incident Stress Management Council;

(d) Adopt and promulgate rules and regulations to implement the program;

(e) Recruit hospital personnel and emergency medical workers to be trained as critical incident stress management peers;

(f) Participate in the training and continuing education of such peers and mental health professionals; and

(g) Appoint a director for the program who shall be an employee of the department and shall be the chairperson of the Interagency Management Committee.

(3) On and after July 1, 2026, the department shall:

(a) Coordinate program activities and emergency response;

(b) Provide necessary equipment for the program and participants;

(c) Recruit hospital personnel and emergency medical workers to be trained as critical incident stress management peers;

(d) Participate in the training and continuing education of such peers and mental health professionals;

(e) Appoint a director for the program who shall be an employee of the department;

(f) Specify the organizational and operational goals for the program and provide overall policy direction for the program;

(g) Manage planning and budget development for the program;

(h) Manage program development and evaluation;

(i) Provide a mechanism for quality assurance that may include certification of critical incident stress management team members;

(j) Identify critical incident stress management regions; and

(k) Provide backup to regional critical incident stress management teams.

(4) The department may adopt and promulgate rules and regulations to implement the program.

Laws 1991, LB 703, § 7;

Laws 1996, LB 1044, § 774;

Laws 1997, LB 184, § 7;

Laws 2007, LB296, § 670;

Laws 2025, LB346, § 43.
Neb. Rev. Stat. § 71-7429 — NE Code / Chapter 71 / Section 71-7429
71-7429
Status: in_force

Blood means whole blood collected from a single donor and processed either for transfusion or further manufacturing.

Laws 1992, LB 1019, § 3;

R.S.1943, (2003), § 71-7403;

Laws 2006, LB 994, § 3.
Neb. Rev. Stat. § 71-7908 — NE Code / Chapter 71 / Section 71-7908
View Statute 71-7908
Status: in_force

Incident report or risk management report means a report of an incident involving injury or potential injury to a patient as a result of patient care provided by a health care provider, including both an individual who provides health care and an entity that provides health care, that is created specifically for and collected and maintained for exclusive use by a peer review committee of a health care entity and that is within the scope of the functions of that committee.

Laws 2011, LB431, § 5.
Neb. Rev. Stat. § 71-4740 — NE Code / Chapter 71 / Section 71-4740
View Statute 71-4740
Status: in_force

(1) Every birthing facility shall educate the parents of newborns born in such facilities of the importance of receiving a hearing screening test and any necessary followup care. This educational information shall explain, in lay terms, the hearing screening test, the likelihood of the newborn having a hearing loss, followup procedures, and community resources, including referral for early intervention services under the Early Intervention Act. The educational information shall also include a description of the normal auditory, speech, and language developmental process in children. Education shall not be considered a substitute for the hearing screening test.

(2) If a newborn is not born in a birthing facility, the Department of Health and Human Services shall educate the parents of such newborns of the importance of receiving a hearing screening test and any necessary followup care. The department shall also give parents information to assist them in having the test performed within three months after the date of the child's birth.

Laws 2000, LB 950, § 7;

Laws 2005, LB 301, § 47;

Laws 2007, LB296, § 594.

Early Intervention Act, see section 43-2501 .
Neb. Rev. Stat. § 71-7806 — NE Code / Chapter 71 / Section 71-7806
View Statute 71-7806
Status: in_force

The Primary Care Investment Council shall convene at least once a year through 2028 to review the state's progress in meeting the target level of primary care investment, update the data regarding public health benefits and cost savings as a result of investments in primary care, update the strategies to achieve the target level of primary care investment, and consider other information as necessary.

Laws 2022, LB863, § 16.