Neb. Rev. Stat. § 71-6107 — NE Code / Chapter 71 / Section 71-6107
View Statute 71-6107
Status: in_force

(1) Beginning January 1, 2025, it is unlawful for any person to use the title registered interior designer or similar description to convey the impression that such person is a registered interior designer unless the person is registered under the Interior Design Voluntary Registration Act.

(2) Nothing in the Interior Design Voluntary Registration Act shall be construed to: (a) Require a person to be a registered interior designer in order to engage in an activity traditionally performed by an interior designer or interior decorator, including any professional service limited to the planning, design, and implementation of kitchen and bathroom spaces or the specification of products for kitchen and bathroom areas; or (b) prevent or restrict the practice, service, or activity of any person licensed to practice a profession or an occupation in this state from engaging in such profession or occupation.

(3) A licensed architect holding a license in good standing under the Engineers and Architects Regulation Act may register with the State Treasurer as a registered interior designer without having to meet the registration requirements outlined in section 71-6105 .

Laws 2024, LB16, § 20.

Engineers and Architects Regulation Act, see section 81-3401 .
Neb. Rev. Stat. § 71-5201 — NE Code / Chapter 71 / Section 71-5201
View Statute 71-5201
Status: in_force

For purposes of sections 71-5201 to 71-5209 , unless the context otherwise requires:

(1) Residency program shall mean a residency education program which is approved by the Accreditation Council for Graduate Medical Education;

(2) Model ambulatory practice unit shall mean the facilities or classrooms for the teaching of ambulatory health care skills within a residency program;

(3) Medical profession shall mean medical physicians and osteopathic physicians; and

(4) College of Medicine shall mean the University of Nebraska College of Medicine.

Laws 1975, LB 571, § 1;

Laws 1993, LB 152, § 1.
Neb. Rev. Stat. § 71-6319.16 — NE Code / Chapter 71 / Section 71-6319.16
View Statute 71-6319.16
Status: in_force

Deteriorated paint means paint that is cracking, flaking, chipping, peeling, or otherwise separating from the substrate of a building component.

Laws 1999, LB 863, § 18.
Neb. Rev. Stat. § 71-8802 — NE Code / Chapter 71 / Section 71-8802
View Statute 71-8802
Status: in_force

For purposes of the Stem Cell Research Act:

(1) Committee means the Stem Cell Research Advisory Committee;

(2) Human embryo means the developing human organism from the time of fertilization until the end of the eighth week of gestation and includes an embryo or developing human organism created by somatic cell nuclear transfer; and

(3) Somatic cell nuclear transfer means a technique in which the nucleus of an oocyte is replaced with the nucleus of a somatic cell.

Laws 2008, LB606, § 2.
Neb. Rev. Stat. § 71-8612 — NE Code / Chapter 71 / Section 71-8612
View Statute 71-8612
Status: in_force

The Commission for the Blind and Visually Impaired Cash Fund is created. The fund shall contain money received pursuant to the Commission for the Blind and Visually Impaired Act and shall include a percentage of the net proceeds derived from the operation of vending facilities. The net proceeds from the operation of vending facilities shall accrue to the blind vending facility operator, except for the percentage of the net proceeds that shall revert to the cash fund. Such fund shall be used for supervision and other administrative purposes as necessary, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. The commission, in consultation with the Committee of Blind Vendors, shall determine the percentage of the net proceeds that reverts to the Commission for the Blind and Visually Impaired Cash Fund after an investigation to reveal the gross proceeds, cost of operation, amount necessary to replenish the stock of merchandise, and the business needs of the blind vending facility operator. All equipment purchased from the fund is the property of the state and shall be disposed of only by sale at a fair market price. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Laws 1947, c. 343, § 1, p. 1085;

Laws 1949, c. 292, § 1, p. 996;

Laws 1957, c. 386, § 1, p. 1343;

Laws 1961, c. 442, § 1, p. 1362;

Laws 1965, c. 561, § 1, p. 1845;

Laws 1969, c. 584, § 113, p. 2418;

Laws 1971, LB 334, § 6;

Laws 1976, LB 674, § 1;

Laws 1995, LB 7, § 142;

R.S.1943, (1999), § 83-210.01;

Laws 2000, LB 352, § 12;

Laws 2005, LB 55, § 2;

Laws 2009, First Spec. Sess., LB3, § 48.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-6108 — NE Code / Chapter 71 / Section 71-6108
View Statute 71-6108
Status: in_force

(1) The State Treasurer shall:

(a) Operate an interior designer registry listing registered interior designers;

(b) Credit fees collected under the Interior Design Voluntary Registration Act to the State Treasurer Administrative Fund; and

(c) Prescribe individually identifiable seals to be used by registered interior designers pursuant to section 71-6106 .

(2) The State Treasurer may adopt and promulgate rules and regulations to carry out the Interior Design Voluntary Registration Act.

Laws 2024, LB16, § 21.
Neb. Rev. Stat. § 71-6319.39 — NE Code / Chapter 71 / Section 71-6319.39
View Statute 71-6319.39
Status: in_force

Training program manager means the individual responsible for administering an accredited training program and monitoring the performance of principal instructors and guest instructors.

Laws 1999, LB 863, § 41.
Neb. Rev. Stat. § 71-6323 — NE Code / Chapter 71 / Section 71-6323
View Statute 71-6323
Status: in_force

(1) To apply for a license, a firm 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 firm;

(b) A statement that all individuals who will engage in any abatement project for the firm will be licensed as required by the Residential Lead-Based Paint Professions Practice Act;

(c) A description of the removal, enclosure, encapsulation, demolition, dismantling, and maintenance methods that the firm will use;

(d) A description of the procedures that the firm will use for handling lead-containing waste;

(e) A description of the procedures that the firm will use in cleaning up the abatement project;

(f) The signature of the chief executive officer of the firm or his or her designee; and

(g) 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 all classes of lead-based paint professions and the general public.

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

Laws 1994, LB 1210, § 171;

Laws 1999, LB 863, § 46;

Laws 2007, LB463, § 1276.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-3901 — NE Code / Chapter 71 / Section 71-3901
View Statute 71-3901
Status: in_force

Sections 71-3901 to 71-3909 shall be known and may be cited as the Indoor Tanning Facility Act.

Laws 2014, LB132, § 1.
Neb. Rev. Stat. § 71-6832 — NE Code / Chapter 71 / Section 71-6832
View Statute 71-6832
Status: in_force

All laboratories performing human genetic testing for clinical diagnosis and treatment purposes shall be accredited by the College of American Pathologists or by any other national accrediting body or public agency which has requirements that are substantially equivalent to or more comprehensive than those of the college.

Laws 2001, LB 432, § 4.
Neb. Rev. Stat. § 71-7802 — NE Code / Chapter 71 / Section 71-7802
View Statute 71-7802
Status: in_force

On December 27, 2020, the federal Consolidated Appropriations Act, 2021, Public Law 116-260, became law. It requires group health plans, health insurance issuers, and health insurance plans to provide data to the federal government on the total amount of spending on hospital costs; health care provider and clinical service costs, for primary care and specialty care separately; costs for prescription drugs; and other medical costs, including wellness services. Primary care is important to the health of individuals and has been associated with better health outcomes at lower costs. The purpose of the Primary Care Investment Council is to analyze the data collected by the federal government in accordance with the federal Consolidated Appropriations Act, 2021, and other data sources, to assist the Legislature in understanding:

(1) The current amount of health care spending on primary care in Nebraska from public and private sources;

(2) Barriers to residents of Nebraska accessing primary care;

(3) Barriers to health payors and medical providers in investing in primary care;

(4) Alternative payment models that deliver high-quality care and spend health care dollars more wisely;

(5) The public health benefits for Nebraska residents if the level of primary care investment in Nebraska increased;

(6) The estimated cost savings for health care consumers as well as public and private payors if the level of primary care investment increased in Nebraska;

(7) Nebraska's investment in primary care services relative to other states; and

(8) Health outcomes in Nebraska relative to other states.

Laws 2022, LB863, § 12.
Neb. Rev. Stat. § 71-7907 — NE Code / Chapter 71 / Section 71-7907
View Statute 71-7907
Status: in_force

Health care provider means:

(1) A facility licensed under the Health Care Facility Licensure Act;

(2) A health care professional licensed under the Uniform Credentialing Act;

(3) A professional health care service entity; and

(4) An organization or association of health care professionals licensed under the Uniform Credentialing Act.

Laws 2011, LB431, § 4;

Laws 2019, LB119, § 3.

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

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-5859 — NE Code / Chapter 71 / Section 71-5859
View Statute 71-5859
Status: in_force

The department shall adopt and promulgate rules and regulations establishing procedures in accordance with the Administrative Procedure Act by which the applicant may appeal a decision by the department. The applicant may appeal a final decision of the department to the district court in accordance with the Administrative Procedure Act.

Laws 1979, LB 172, § 59;

Laws 1982, LB 378, § 49;

Laws 1989, LB 429, § 31;

Laws 1997, LB 798, § 32;

Laws 2007, LB296, § 636.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 71-5312 — NE Code / Chapter 71 / Section 71-5312
View Statute 71-5312
Status: in_force

Any person who shall violate any of the provisions of sections 71-5301 to 71-5313 shall be guilty of a Class IV misdemeanor and each day shall constitute a separate offense in cases of continued violation. It shall be the duty of the county attorney or the Attorney General, to whom the director reports a violation, to cause appropriate proceedings to be instituted without delay to assure compliance with sections 71-5301 to 71-5313 .

Laws 1976, LB 821, § 12;

Laws 1977, LB 41, § 62.
Neb. Rev. Stat. § 38-1218 — NE Code / Chapter 71 / Section 38-1218
38-1218
Status: in_force

(1) The board may approve curricula for the licensure classifications listed in the Emergency Medical Services Practice Act.

(2) The department and the board shall consider the following factors, in addition to other factors required or permitted by the Emergency Medical Services Practice Act, when adopting rules and regulations for a licensure classification:

(a) Whether the initial training required for licensure in the classification is sufficient to enable the emergency care provider to perform the practices and procedures authorized for the classification in a manner which is beneficial to the patient and protects public health and safety;

(b) Whether the practices and procedures to be authorized are necessary to the efficient and effective delivery of emergency medical care;

(c) Whether morbidity can be reduced or recovery enhanced by the use of the practices and procedures to be authorized for the classification; and

(d) Whether continuing competency requirements are sufficient to maintain the skills authorized for the classification.

(3) An applicant for licensure for a licensure classification listed in subdivision (1) of section 38-1217 who is a military spouse may apply for a temporary license as provided in section 38-129.01 .

Laws 1997, LB 138, § 8;

Laws 2002, LB 1021, § 88;

R.S.1943, (2003), § 71-5179;

Laws 2007, LB463, § 502;

Laws 2009, LB195, § 14;

Laws 2017, LB88, § 49;

Laws 2018, LB1034, § 21;

Laws 2020, LB1002, § 31.
Neb. Rev. Stat. § 71-8215 — NE Code / Chapter 71 / Section 71-8215
View Statute 71-8215
Status: in_force

Emergency medical service means the organization responding to a perceived individual need for medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury.

Laws 1997, LB 626, § 15;

Laws 2012, LB646, § 3.
Neb. Rev. Stat. § 71-6319.24 — NE Code / Chapter 71 / Section 71-6319.24
View Statute 71-6319.24
Status: in_force

Inspection means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.

Laws 1999, LB 863, § 26.
Neb. Rev. Stat. § 71-8801 — NE Code / Chapter 71 / Section 71-8801
View Statute 71-8801
Status: in_force

Sections 71-8801 to 71-8806 shall be known and may be cited as the Stem Cell Research Act.

Laws 2008, LB606, § 1.
Neb. Rev. Stat. § 38-1235 — NE Code / Chapter 71 / Section 38-1235
38-1235
Status: in_force

The department may accept from any person, in the name of and for the state, services, equipment, supplies, materials, or funds by way of bequest, gift, or grant for the purposes of promoting emergency medical care. Any such funds received shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund.

Laws 1997, LB 138, § 26;

R.S.1943, (2003), § 71-5197;

Laws 2007, LB296, § 604;

Laws 2007, LB463, § 519.
Neb. Rev. Stat. § 71-6330 — NE Code / Chapter 71 / Section 71-6330
View Statute 71-6330
Status: in_force

Upon the request of the department, the Attorney General or appropriate county attorney shall institute without delay an action in the name of the state for proceedings appropriate against any individual or firm to restrain or prevent any violation of the Residential Lead-Based Paint Professions Practice Act or of any rules and regulations adopted and promulgated pursuant to the act.

Laws 1994, LB 1210, § 178;

Laws 1999, LB 863, § 51;

Laws 2007, LB463, § 1282.
Neb. Rev. Stat. § 71-6608.01 — NE Code / Chapter 71 / Section 71-6608.01
View Statute 71-6608.01
Status: in_force

A home health aide training course shall meet the following standards with regard to content and duration of training, qualifications for instructors, and documentation of training:

(1) Such course shall address each of the following subject areas through classroom and supervised practical training totaling at least seventy-five hours, with at least sixteen hours devoted to supervised practical training after the individual being trained has completed at least sixteen hours of classroom training:

(a) Communications skills;

(b) Observation, reporting, and documentation of patient status and the care or service furnished;

(c) Reading and recording temperature, pulse, and respiration;

(d) Basic infection control procedures;

(e) Basic elements of body functioning and changes in body functioning that must be reported to a home health aide's supervisor;

(f) Maintenance of a clean, safe, and healthy environment;

(g) Recognizing emergencies and knowledge of emergency procedures;

(h) The physical, emotional, and developmental needs of and ways to work with the populations served by the home health agency, including the need for respect for the patient, his or her privacy, and his or her property;

(i) Appropriate and safe techniques in personal hygiene and grooming that include:

(i) Bed bath;

(ii) Bath: Sponge, tub, and shower;

(iii) Shampoo: Sink, tub, and bed;

(iv) Nail and skin care;

(v) Oral hygiene; and

(vi) Toileting and elimination;

(j) Safe transfer techniques and ambulation;

(k) Normal range of motion and positioning;

(l) Adequate nutrition and fluid intake; and

(m) Any other task that the home health agency may choose to have the home health aide perform;

(2) The training and supervision of home health aides during the supervised practical portion of the training shall be performed by or under the general supervision of a registered nurse who possesses a minimum of two years of nursing experience, at least one year of which is in the provision of home health care, and who has supervised home health aide services for at least six months. Other individuals may be used to provide instruction under the supervision of a qualified registered nurse;

(3) The home health agency shall maintain sufficient documentation to demonstrate that the requirements of this section are met; and

(4) A home health aide training course may be offered by any organization, except that on or after September 6, 1991, a home health agency that has had its license denied, suspended, or revoked or has had admissions or readmissions prohibited shall not offer a home health aide training course for a period of twenty-four months after the occurrence of such action.

Laws 1991, LB 703, § 59.
Neb. Rev. Stat. § 71-8248 — NE Code / Chapter 71 / Section 71-8248
View Statute 71-8248
Status: in_force

The department shall establish and maintain a statewide trauma registry to collect and analyze data on the incidence, severity, and causes of trauma, including traumatic brain injury. The registry shall be used to improve the availability and delivery of prehospital or emergency care and hospital trauma care services. Specific data elements of the registry shall be defined by rule and regulation of the department. Every health care facility designated as an advanced, a basic, a comprehensive, or a general level trauma center, a specialty level burn or pediatric trauma center, an advanced, an intermediate, or a general level rehabilitation center, or a prehospital or emergency care provider shall furnish data to the registry. All other hospitals may furnish trauma data as required by the department by rule and regulation. All hospitals involved in the care of a trauma patient shall have unrestricted access to all prehospital reports for the trauma registry for that specific trauma occurrence.

Laws 1997, LB 626, § 48;

Laws 2009, LB195, § 108;

Laws 2015, LB46, § 12;

Laws 2020, LB1002, § 54.
Neb. Rev. Stat. § 71-8503 — NE Code / Chapter 71 / Section 71-8503
View Statute 71-8503
Status: in_force

For purposes of the Nebraska Telehealth Act:

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

(2) Health care practitioner means a Nebraska medicaid-enrolled provider who is licensed, registered, or certified to practice in this state by the department;

(3)(a) Telehealth means the use of medical information electronically exchanged from one site to another, whether synchronously or asynchronously, to aid a health care practitioner in the diagnosis or treatment of a patient.

(b) Telehealth includes (i) services originating from a patient's home or any other location where such patient is located, (ii) asynchronous services involving the acquisition and storage of medical information at one site that is then forwarded to or retrieved by a health care practitioner at another site for medical evaluation, and (iii) telemonitoring.

(c) Telehealth also includes audio-only services for the delivery of individual behavioral health services for an established patient, when appropriate, or crisis management and intervention for an established patient as allowed by federal law;

(4) Telehealth consultation means any contact between a patient and a health care practitioner relating to the health care diagnosis or treatment of such patient through telehealth; and

(5) Telemonitoring means the remote monitoring of a patient's vital signs, biometric data, or subjective data by a monitoring device which transmits such data electronically to a health care practitioner for analysis and storage.

Laws 1999, LB 559, § 3;

Laws 2007, LB296, § 695;

Laws 2014, LB1076, § 1;

Laws 2021, LB400, § 3.
Neb. Rev. Stat. § 71-6319.26 — NE Code / Chapter 71 / Section 71-6319.26
View Statute 71-6319.26
Status: in_force

Lead-based paint means paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter or more than five-tenths of one percent by weight in a residential dwelling or child-occupied facility.

Laws 1999, LB 863, § 28.
Neb. Rev. Stat. § 71-7906 — NE Code / Chapter 71 / Section 71-7906
View Statute 71-7906
Status: in_force

For purposes of the Health Care Quality Improvement Act, the definitions found in sections 71-7907 to 71-7910.01 apply.

Laws 2011, LB431, § 3;

Laws 2019, LB119, § 2.
Neb. Rev. Stat. § 71-6205 — NE Code / Chapter 71 / Section 71-6205
View Statute 71-6205
Status: in_force

Board shall mean the State Board of Health.

Laws 1985, LB 407, § 5.
Neb. Rev. Stat. § 71-7706 — NE Code / Chapter 71 / Section 71-7706
View Statute 71-7706
Status: in_force

(1) The department shall issue a certificate of public advantage for a cooperative agreement if it determines that the applicants have demonstrated by clear and convincing evidence that the likely benefits resulting from the agreement outweigh any disadvantages attributable to a reduction in competition that may result from the agreement.

(2) In evaluating the potential benefits of a cooperative agreement, the department shall consider whether one or more of the following benefits may result from the cooperative agreement:

(a) Enhancement of the quality of health care facility care and provider care provided to Nebraska citizens;

(b) Preservation of health care facilities, including those in other states, in geographical proximity to the communities traditionally served by such facilities;

(c) Gains in the cost efficiency of services provided by the health care facilities or providers involved or by other health care facilities or providers in this state;

(d) Improvements in the utilization of health care facility resources and equipment;

(e) Avoidance of duplication of health care facility resources;

(f) Enhancement, maintenance, or preservation of competition for the services or goods involved; and

(g) Mitigation of adverse environmental impact or enhancement of positive environmental impact.

(3) The department's evaluation of any disadvantages attributable to any reduction in competition likely to result from the agreement may include, but need not be limited to, the following factors:

(a) The extent of any likely adverse impact on the ability of health maintenance organizations, preferred provider organizations, managed health care service agents, or other health care payors to negotiate advantageous payment and service arrangements with health care facilities or providers;

(b) The extent of any reduction in competition among health care facilities or providers or other persons furnishing goods or services to or in competition with health care facilities that is likely to result directly or indirectly from the cooperative agreement;

(c) The extent of any likely adverse impact on patients in the quality, availability, and price of health care services; and

(d) The availability of arrangements that are less restrictive to competition and achieve the same benefits or a more favorable balance of benefits over disadvantages attributable to any reduction in competition likely to result from the agreement.

Laws 1994, LB 1223, § 116.
Neb. Rev. Stat. § 71-4725 — NE Code / Chapter 71 / Section 71-4725
View Statute 71-4725
Status: in_force

The commission shall annually elect from its members a chairperson, vice-chairperson, and secretary. At least one officer shall be a deaf or hard of hearing person. The vice-chairperson shall serve as chairperson in case of the absence or disability of the chairperson.

Laws 1979, LB 101, § 6;

Laws 1981, LB 250, § 3;

Laws 1987, LB 376, § 19;

Laws 1997, LB 851, § 16.
Neb. Rev. Stat. § 71-7203 — NE Code / Chapter 71 / Section 71-7203
View Statute 71-7203
Status: in_force

The Uniform Determination of Death Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it.

Laws 1992, LB 906, § 3.
Neb. Rev. Stat. § 71-8502 — NE Code / Chapter 71 / Section 71-8502
View Statute 71-8502
Status: in_force

The Legislature finds that:

(1) Access to health care facilities and health care practitioners is critically important to the citizens of Nebraska;

(2) Access to a continuum of health care services is restricted in some medically underserved areas of Nebraska, and many health care practitioners in such areas are isolated from mentors, colleagues, and information resources necessary to support them personally and professionally;

(3) The use of telecommunications technology to deliver health care services can reduce health care costs, improve health care quality, improve access to health care, and enhance the economic health of communities in medically underserved areas of Nebraska; and

(4) The full potential of delivering health care services through telehealth cannot be realized without the assurance of payment for such services and the resolution of existing legal and policy barriers to such payment.

Laws 1999, LB 559, § 2.
Neb. Rev. Stat. § 38-2418 — NE Code / Chapter 71 / Section 38-2418
38-2418
Status: in_force

Each nursing home within the state shall be operated under the supervision of an administrator duly licensed in the manner provided in the Nursing Home Administrator Practice Act. Each facility within the state operated primarily for caring for persons with head injuries and associated disorders shall be operated under the supervision of an administrator duly licensed in the manner provided in the Nursing Home Administrator Practice Act. If there is a vacancy in the position of licensed administrator of a nursing home, the owner, governing body, or other appropriate authority of the nursing home may select a person to apply for a provisional license in nursing home administration to serve as the administrator of such facility.

Laws 1972, LB 1040, § 8;

Laws 1980, LB 686, § 5;

Laws 1988, LB 693, § 12;

R.S.Supp.,1988, § 71-2045.04;

R.S.1943, (2003), § 71-6062;

Laws 2007, LB463, § 833;

Laws 2013, LB42, § 4.
Neb. Rev. Stat. § 71-5803.06 — NE Code / Chapter 71 / Section 71-5803.06
View Statute 71-5803.06
Status: in_force

Health care facility means hospitals, skilled nursing facilities, intermediate care facilities, and nursing facilities.

Laws 1979, LB 172, § 10;

Laws 1982, LB 378, § 6;

Laws 1989, LB 429, § 8;

Laws 1991, LB 244, § 12;

Laws 1993, LB 121, § 443;

Laws 1994, LB 1210, § 146;

Laws 1996, LB 1155, § 62;

Laws 1997, LB 608, § 19;

R.S.1943, (1996), § 71-5810;

Laws 1997, LB 798, § 10.
Neb. Rev. Stat. § 71-6038 — NE Code / Chapter 71 / Section 71-6038
View Statute 71-6038
Status: in_force

For purposes of sections 71-6038 to 71-6042 :

(1) Complicated feeding problems include, but are not limited to, difficulty swallowing, recurrent lung aspirations, and tube or parenteral or intravenous feedings;

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

(3) Nurse aide means any person employed by a service provider or facility described in subsection (1) of section 71-6039 for the purpose of aiding a licensed registered or practical nurse through the performance of nonspecialized tasks related to the personal care and comfort of residents other than a paid dining assistant or a licensed registered or practical nurse;

(4) Nursing home means any facility or a distinct part of any facility that provides care as defined in sections 71-420 , 71-421 , 71-422 , 71-424 , and 71-429 ;

(5) Paid dining assistant means any person employed by a nursing home for the purpose of aiding a licensed registered or practical nurse through the feeding of residents other than a nurse aide or a licensed registered or practical nurse; and

(6) Service provider means a person certified by the department to provide developmental disabilities services.

Laws 1983, LB 273, § 1;

Laws 1984, LB 416, § 10;

Laws 1988, LB 190, § 4;

Laws 1990, LB 1080, § 6;

Laws 1994, LB 1210, § 148;

Laws 1996, LB 1044, § 749;

Laws 1998, LB 1354, § 40;

Laws 2004, LB 1005, § 110;

Laws 2007, LB296, § 642;

Laws 2007, LB463, § 1235;

Laws 2017, LB417, § 13;

Laws 2025, LB42, § 1.
Neb. Rev. Stat. § 71-9301 — NE Code / Chapter 71 / Section 71-9301
View Statute 71-9301
Status: in_force

Sections 71-9301 to 71-9306 shall be known and may be cited as the Home Care Consumer Bill of Rights Act.

Laws 2016, LB698, § 1.
Neb. Rev. Stat. § 71-8253 — NE Code / Chapter 71 / Section 71-8253
View Statute 71-8253
Status: in_force

(1) If there are conflicts between the Statewide Trauma System Act and the Emergency Medical Services Practice Act pertaining to emergency medical services, the Emergency Medical Services Practice Act shall control.

(2) Nothing in the Statewide Trauma System Act shall limit a patient's right to choose the physician, hospital, facility, rehabilitation center, specialty level burn or pediatric trauma center, or other provider of health care services.

Laws 1997, LB 626, § 53;

Laws 2007, LB463, § 1305;

Laws 2020, LB1002, § 57.

Emergency Medical Services Practice Act, see section 38-1201 .
Neb. Rev. Stat. § 71-5003 — NE Code / Chapter 71 / Section 71-5003
View Statute 71-5003
Status: in_force

A physician or nurse practitioner who diagnoses an unborn child as having a lethal fetal anomaly may:

(1) Inform the pregnant woman, orally and in person, that perinatal hospice services are available and offer or refer for this care; and

(2) Deliver to the pregnant woman in writing the information support sheet provided by the department under section 71-5004 .

Laws 2017, LB506, § 3.
Neb. Rev. Stat. § 71-8926 — NE Code / Chapter 71 / Section 71-8926
View Statute 71-8926
Status: in_force

(1) Upon issuance of a final disciplinary action against a person who knowingly and intentionally violates any provision of section 71-8925 other than as provided in subsection (2) of this section, the department shall assess a fine of one thousand dollars against such person. For each subsequent final disciplinary action for violation of such section issued by the department against such person, the department shall assess a fine of one thousand dollars plus one thousand dollars for each final disciplinary action for violation of such section previously issued against such person, not to exceed ten thousand dollars.

(2) Upon issuance of a final disciplinary action against a person who fails to provide an authorized person the right of entry provided in section 71-8925 , the department shall assess a fine of five hundred dollars against such person. For each subsequent final disciplinary action for such failure issued against such person, the department shall assess a fine equal to one thousand dollars times the number of such disciplinary actions, not to exceed ten thousand dollars.

(3) All fines collected under this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

Laws 2008, LB1022, § 26.
Neb. Rev. Stat. § 71-4832 — NE Code / Chapter 71 / Section 71-4832
View Statute 71-4832
Status: in_force

(a) Subject to subsections (b) and (c) of this section and unless barred by section 71-4830 or 71-4831 , an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:

(1) An agent of the decedent at the time of death who could have made an anatomical gift under subdivision (2) of section 71-4827 immediately before the decedent's death;

(2) The spouse of the decedent;

(3) Adult children of the decedent;

(4) Parents of the decedent;

(5) Adult siblings of the decedent;

(6) Adult grandchildren of the decedent;

(7) Grandparents of the decedent;

(8) The persons who were acting as the guardians of the person of the decedent at the time of death;

(9) An adult who exhibited special care and concern for the decedent other than any medical personnel caring for the decedent at the time of or immediately leading up to the decedent's death; and

(10) Any other person having the authority to dispose of the decedent's body.

(b) If there is more than one member of a class listed in subdivision (a)(1), (3), (4), (5), (6), (7), or (8) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under section 71-4834 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) of this section is reasonably available to make or to object to the making of an anatomical gift.

Laws 2010, LB1036, § 9.
Neb. Rev. Stat. § 71-6223.01 — NE Code / Chapter 71 / Section 71-6223.01
View Statute 71-6223.01
Status: in_force

Each application shall be accompanied by an application fee of five hundred dollars to be submitted at the time the letter of intent is filed. The division shall remit all application fees to the State Treasurer for credit to the Professional and Occupational Credentialing Cash Fund. The application fee shall not be refundable, but the director may waive all or part of the fee if he or she finds it to be in the public interest to do so. Such a finding by the director may include, but shall not be limited to, circumstances in which the director determines that the application would be eligible for review and:

(1) The applicant group is an agency of state government;

(2) Members of the applicant group will not be materially affected by the implementation of the proposed regulation or change in scope of practice; or

(3) Payment of the application fee would impose unreasonable hardship on members of the applicant group.

Laws 1988, LB 384, § 14;

Laws 2012, LB834, § 18.
Neb. Rev. Stat. § 71-4744 — NE Code / Chapter 71 / Section 71-4744
View Statute 71-4744
Status: in_force

The Department of Health and Human Services shall adopt and promulgate rules and regulations necessary to implement the Infant Hearing Act.

Laws 2000, LB 950, § 11;

Laws 2005, LB 301, § 51;

Laws 2007, LB296, § 598.
Neb. Rev. Stat. § 71-6213 — NE Code / Chapter 71 / Section 71-6213
View Statute 71-6213
Status: in_force

License, licensing, or licensure shall mean permission to engage in a health profession which would otherwise be unlawful in this state in the absence of such permission and which is granted to individuals who meet prerequisite qualifications and allows them to perform prescribed tasks and use a particular title.

Laws 1985, LB 407, § 13;

Laws 2012, LB834, § 12.
Neb. Rev. Stat. § 71-7458 — NE Code / Chapter 71 / Section 71-7458
71-7458
Status: in_force

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

Laws 1992, LB 1019, § 25;

R.S.1943, (2003), § 71-7425;

Laws 2006, LB 994, § 32.
Neb. Rev. Stat. § 71-7013 — NE Code / Chapter 71 / Section 71-7013
View Statute 71-7013
Status: in_force

The State of Nebraska, the department and its employees, and members of the Breast and Cervical Cancer Advisory Committee shall not be liable for any damage or injury resulting from (1) a false negative result or a false positive result interpretation or any other act or omission of an interpreting physician with respect to any screening performed pursuant to sections 71-7001.01 to 71-7012 or (2) any act or omission of a screening supplier or person acting on behalf of such supplier with respect to the provisions of such sections.

Laws 1991, LB 256, § 13;

Laws 1995, LB 68, § 11;

Laws 2008, LB797, § 26.
Neb. Rev. Stat. § 71-3812 — NE Code / Chapter 71 / Section 71-3812
View Statute 71-3812
Status: in_force

The Attorney General shall have authority to enforce the Kratom Consumer Protection Act pursuant to the Consumer Protection Act and the Uniform Deceptive Trade Practices Act. This section shall not be construed to allow for a private right of action under the Kratom Consumer Protection Act even though such action is authorized under the Consumer Protection Act and the Uniform Deceptive Trade Practices Act.

Laws 2025, LB230, § 12.

Consumer Protection Act, see section 59-1623 .

Uniform Deceptive Trade Practices Act, see section 87-306 .
Neb. Rev. Stat. § 71-7303 — NE Code / Chapter 71 / Section 71-7303
View Statute 71-7303
Status: in_force

For purposes of the Let Them Grow Act:

(1) Biological sex means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender;

(2) Cross-sex hormones means testosterone or other androgens given to biological females in amounts that are larger or more potent than would normally occur naturally in healthy biological sex females and estrogen given to biological males in amounts that are larger or more potent than would normally occur naturally in healthy biological sex males;

(3) Gender means the psychological, behavioral, social, and cultural aspects of being male or female;

(4) Gender-altering surgery means any medical or surgical service that seeks to surgically alter or remove healthy physical or anatomical characteristics or features that are typical for the individual's biological sex in order to instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation, genital or nongenital gender-altering surgery performed for the purpose of assisting an individual with a gender alteration;

(5) Gender alteration means the process in which a person goes from identifying with and living as a gender that corresponds to his or her biological sex to identifying with and living as a gender different from his or her biological sex and may involve social, legal, or physical changes;

(6)(a) Gender-altering procedures includes any medical or surgical service, including without limitation physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender alteration, that seeks to:

(i) Alter or remove physical or anatomical characteristics or features that are typical for the individual's biological sex; or

(ii) Instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital gender-altering surgery performed for the purpose of assisting an individual with a gender alteration;

(b) Gender-altering procedures does not include:

(i) Services to persons born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue;

(ii) Services provided when a health care practitioner has otherwise diagnosed a disorder of sexual development that the health care practitioner has determined, through genetic or biochemical testing, that the person does not have normal sex-chromosome structure, sex-steroid production, or sex-steroid hormone action;

(iii) The acute and chronic treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of a gender-altering procedure, whether or not the gender-altering procedure was performed in accordance with state and federal law; or

(iv) Any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by the health care practitioner, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed;

(7) Genital gender-altering surgery means a medical procedure performed for the purpose of assisting an individual with a gender alteration, including without limitation:

ysical disorder, physical injury, or physical illness that would, as certified by the health care practitioner, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed;

(7) Genital gender-altering surgery means a medical procedure performed for the purpose of assisting an individual with a gender alteration, including without limitation:

(a) Surgical procedures such as penectomy, orchiectomy, vaginoplasty, clitoroplasty, or vulvoplasty for biologically male patients or hysterectomy or ovariectomy for biologically female patients;

(b) Reconstruction of the fixed part of the urethra with or without a metoidioplasty; or

(c) Phalloplasty, vaginectomy, scrotoplasty, or implantation of erection or testicular prostheses for biologically female patients;

(8) Health care practitioner means a person licensed or certified under the Uniform Credentialing Act;

(9) Puberty-blocking drugs means gonadotropin-releasing hormone analogues or other synthetic drugs used in biological males to stop luteinizing hormone secretion and therefore testosterone secretion, or synthetic drugs used in biological females which stop the production of estrogens and progesterone, when used to delay or suppress pubertal development in children for the purpose of assisting an individual with a gender alteration; and

(10) Nongenital gender-altering surgery means medical procedures performed for the purpose of assisting an individual with a gender alteration, including without limitation:

(a) Surgical procedures for biologically male patients, such as voice surgery or thyroid cartilage reduction; or

(b) Surgical procedures for biologically female patients, such as subcutaneous mastectomy or voice surgery.

Laws 2023, LB574, § 16.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-8905 — NE Code / Chapter 71 / Section 71-8905
View Statute 71-8905
Status: in_force

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

Laws 2008, LB1022, § 5.
Neb. Rev. Stat. § 71-3906 — NE Code / Chapter 71 / Section 71-3906
View Statute 71-3906
Status: in_force

Any operator, owner of a tanning facility, or lessee of a tanning facility who allows any person less than sixteen years of age to use tanning equipment at the tanning facility without being accompanied by the parent or legal guardian who signed the statement required under section 71-3905 shall be subject to a civil penalty of one hundred dollars to be imposed and collected by the department. The department shall remit the civil penalty to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

Laws 2014, LB132, § 6.
Neb. Rev. Stat. § 71-5803 — NE Code / Chapter 71 / Section 71-5803
View Statute 71-5803
Status: in_force

For purposes of the Nebraska Health Care Certificate of Need Act, unless the context otherwise requires, the definitions found in sections 71-5803.01 to 71-5803.15 shall be used.

Laws 1979, LB 172, § 3;

Laws 1982, LB 378, § 3;

Laws 1989, LB 429, § 4;

Laws 1991, LB 244, § 10;

Laws 1996, LB 1155, § 59;

Laws 1997, LB 798, § 4.
Neb. Rev. Stat. § 71-8230 — NE Code / Chapter 71 / Section 71-8230
View Statute 71-8230
Status: in_force

Specialty level burn or pediatric trauma center means a trauma center that provides specialized care in the areas of burns or pediatrics.

Laws 1997, LB 626, § 30;

Laws 2009, LB195, § 95;

Laws 2015, LB46, § 8;

Laws 2023, LB227, § 103.
Neb. Rev. Stat. § 71-5734 — NE Code / Chapter 71 / Section 71-5734
View Statute 71-5734
Status: in_force

The Department of Health and Human Services shall adopt and promulgate rules and regulations necessary to implement the Nebraska Clean Indoor Air Act. The department shall consult with interested persons and professional organizations before adopting such rules and regulations.

Laws 2008, LB395, § 19.
Neb. Rev. Stat. § 71-5646 — NE Code / Chapter 71 / Section 71-5646
View Statute 71-5646
Status: in_force

The Legislature finds and recognizes that rural health care is in the process of transition. Many rural communities are finding it difficult to recruit and retain health care professionals, to keep hospitals open, and to provide quality care to their residents. Although recent national rankings show that Nebraskans are among the healthiest in the nation, continued stress on our rural health care system could leave areas of the state without adequate health care services.

The Legislature further finds that rural health care issues will be best addressed through a comprehensive approach that emphasizes two principles. First, rural health care problems are seldom isolated in their causes or effects. Second, rural health care problems are most effectively resolved by residents of the area involved and state strategies should focus on assisting those residents to develop and implement their own solutions to such problems.

Laws 1990, LB 994, § 1.
Neb. Rev. Stat. § 71-8309 — NE Code / Chapter 71 / Section 71-8309
View Statute 71-8309
Status: in_force

If the Legislature finds that it is necessary for the protection of the public to regulate categories of facilities not previously regulated by state law after reviewing the criteria in section 71-8308 and considering governmental and societal costs and benefits, it is the intent of the Legislature that the least restrictive regulatory provisions consistent with protecting the public health, safety, and welfare be implemented.

Laws 1998, LB 1073, § 115.
Neb. Rev. Stat. § 71-6403 — NE Code / Chapter 71 / Section 71-6403
View Statute 71-6403
Status: in_force

(1) There is hereby created the state building code. The Legislature hereby adopts by reference:

(a) The International Building Code (IBC), 2018 edition, except section 101.4.3 and chapter 29, published by the International Code Council, except that (i) section 305.2.3 applies to a facility having twelve or fewer children and (ii) section 310.4.1 applies to a care facility for twelve or fewer persons;

(b) The International Residential Code (IRC), 2018 edition, except section R313 and chapters 25 through 33, published by the International Code Council;

(c) The International Existing Building Code, 2018 edition, except section 809, published by the International Code Council; and

(d) The Uniform Plumbing Code, 2018 edition, designated by the American National Standards Institute as an American National Standard.

(2) The codes adopted by reference in subsection (1) of this section and the minimum standards for radon resistant new construction adopted under section 76-3504 shall constitute the state building code except as amended pursuant to the Building Construction Act or as otherwise authorized by state law.

Laws 1987, LB 227, § 3;

Laws 1993, LB 319, § 1;

Laws 1996, LB 1304, § 4;

Laws 2003, LB 643, § 1;

Laws 2010, LB799, § 1;

Laws 2011, LB546, § 1;

Laws 2015, LB540, § 1;

Laws 2017, LB590, § 1;

Laws 2019, LB130, § 1;

Laws 2019, LB348, § 1;

Laws 2019, LB405, § 1;

Laws 2021, LB131, § 21.
Neb. Rev. Stat. § 71-6302 — NE Code / Chapter 71 / Section 71-6302
View Statute 71-6302
Status: in_force

Except as otherwise provided in this section or section 71-6309 , a business entity shall not engage in an asbestos project unless the business entity holds a license for that purpose. A business entity which (1) only performs asbestos projects which are less than two hundred sixty linear feet or which are less than one hundred sixty square feet and linear feet in any combination or (2) uses its own employees for an asbestos project for the purpose of renovating, maintaining, or repairing its own facilities shall not be required to hold a license. Business entities not required to hold a license shall provide a training course to inform the employees of the health and safety aspects of the asbestos project, including the applicable state standards. The training course shall meet the standards for such course as prescribed in section 71-6310.01 and the rules and regulations adopted and promulgated pursuant to such section. The training course shall be available for review and approval upon inspection by the department.

Laws 1986, LB 1051, § 2;

Laws 1988, LB 1073, § 2;

Laws 1990, LB 923, § 2;

Laws 2002, LB 1021, § 98.
Neb. Rev. Stat. § 71-6304 — NE Code / Chapter 71 / Section 71-6304
View Statute 71-6304
Status: in_force

To qualify for a license, a business entity 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 asbestos projects;

(2) Ensure that each employee or agent of the business entity who will come into contact with asbestos or who will be present on an asbestos project is licensed as required by the Asbestos Control Act;

(3) Demonstrate to the satisfaction of the department that the business entity is capable of complying with all applicable requirements, procedures, and standards pertaining to the asbestos project;

(4) Have access to at least one approved asbestos disposal site for deposit of all asbestos waste that the business entity will generate during the term of the license; and

(5) Meet any other standards which the department may deem necessary to protect the health, safety, and welfare of all classes of asbestos occupations and the general public.

Laws 1986, LB 1051, § 4;

Laws 1988, LB 1073, § 4;

Laws 2007, LB463, § 1245.
Neb. Rev. Stat. § 71-6223 — NE Code / Chapter 71 / Section 71-6223
View Statute 71-6223
Status: in_force

(1) An applicant group shall submit a letter of intent to file an application to the director on forms prescribed by the director. The letter of intent shall identify the applicant group, the proposed regulation or change in scope of practice sought, and information sufficient for the director to determine whether the application is eligible for review.

(2) The director shall notify the applicant group as to whether it is eligible for review within fifteen days after the receipt of the letter of intent. The final application shall be submitted to the director who shall notify the applicant group of its acceptance for review within fifteen days after receipt of the final application. If more than one application is received in a given year, the director may establish the order in which applications shall be reviewed.

(3) The application shall include an explanation of:

(a) The problem created by not regulating a health professional group not previously regulated or by not changing the scope of practice of a regulated health profession;

(b) If the application is for the regulation of a health professional group not previously regulated, all feasible methods of regulation, including those methods listed in section 71-6222 , and the impact of such methods on the public;

(c) The benefit to the public of regulating a health professional group not previously regulated or changing the scope of practice of a regulated health profession;

(d) The extent to which regulation or the change of scope of practice might harm the public;

(e) The type of standards that exist to ensure that a practitioner of a health profession would maintain competency;

(f) A description of the health professional group proposed for regulation, including a list of associations, organizations, and other groups representing the practitioners in this state, an estimate of the number of practitioners in each group, and whether the groups represent different levels of practice;

(g) The role and availability of third-party reimbursement for the services provided by the applicant group;

(h) The experience of other jurisdictions in regulating the practitioners affected by the application;

(i) The expected costs of regulation, including (i) the impact registration, certification, or licensure will have on the costs of the services to the public and (ii) the cost to the state and to the general public of implementing the proposed legislation; and

(j) Other information relevant to the requested review as determined by the division.

Laws 1985, LB 407, § 23;

Laws 1988, LB 384, § 9;

Laws 2012, LB834, § 17.
Neb. Rev. Stat. § 71-8716 — NE Code / Chapter 71 / Section 71-8716
View Statute 71-8716
Status: in_force

(1) A patient safety organization shall contract with providers that elect to be subject to the Patient Safety Improvement Act. The patient safety organization shall establish a formula for determining fees and assessments uniformly within categories of providers.

(2) A provider may elect to be subject to the Patient Safety Improvement Act by contracting with a patient safety organization to make reports as described in the act.

Laws 2005, LB 361, § 16.
Neb. Rev. Stat. § 71-6331 — NE Code / Chapter 71 / Section 71-6331
View Statute 71-6331
Status: in_force

(1) An application or a license under the Residential Lead-Based Paint Professions Practice Act may be denied, refused renewal, suspended, or revoked if the applicant or licensee violates any of the provisions of the act, fraudulently or deceptively obtains or attempts to obtain a license, fails at any time to meet the qualifications for a license, fails to comply with rules and regulations adopted and promulgated pursuant to the act, fails to meet any applicable state standard for abatement projects, or employs or permits an unlicensed individual to work in a lead-based paint profession. 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 Residential Lead-Based Paint Professions Practice Act or the rules and regulations adopted and promulgated under the acts.

(2) In addition to the disciplinary actions provided for in subsection (1) of this section, the department may assess a civil penalty of not less than one thousand dollars nor more than three thousand dollars for each offense committed by any firm 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.

(3) Whenever the department determines to deny, refuse to renew, suspend, or revoke a firm license or assess a civil penalty on a firm, 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. The appeal shall be in accordance with the Administrative Procedure Act.

(4) Hearings held pursuant to this section shall be held in accordance with the Administrative Procedure Act.

(5) Any civil penalty assessed and unpaid under the Residential Lead-Based Paint Professions Practice 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 1994, LB 1210, § 179;

Laws 1999, LB 863, § 52;

Laws 2007, LB463, § 1283.

Administrative Procedure Act, see section 84-920 .

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-4745 — NE Code / Chapter 71 / Section 71-4745
View Statute 71-4745
Status: in_force

For purposes of sections 71-4745 to 71-4747 :

(1) Communication means a two-way, interactive process to convey meaning from one person or group to another through the use of mutually understood signs, symbols, or voice;

(2) Credentialed teacher of the deaf means a certificated teacher with a special education endorsement in deaf or hard of hearing education;

(3) English means English literacy, spoken English, signing exact English and morphemic system of signs, conceptually accurate signed English, cued speech, and any other visual supplements;

(4) Language means a complex and dynamic system of conventional symbols that is used in various modes for thought and communication; and

(5) Literacy includes the developmental stages of literacy, which are necessary beginning stages to master a language and which include pre-emergent, emergent, and novice levels.

Laws 2020, LB965, § 4.
Neb. Rev. Stat. § 71-5666 — NE Code / Chapter 71 / Section 71-5666
View Statute 71-5666
Status: in_force

Each student loan recipient shall execute an agreement with the state. Such agreement shall be exempt from the requirements of the State Procurement Act and shall include the following terms, as appropriate:

(1) The borrower agrees to practice the equivalent of one year of full-time practice of an approved specialty in a designated health profession shortage area in Nebraska for each year of education for which a loan is received, or a longer period as required in subdivision (4)(a) of section 71-5663 , and agrees to accept medicaid patients in his or her practice;

(2) If the borrower practices an approved specialty in a designated health profession shortage area in Nebraska, the loan shall be forgiven as provided in this section and subdivision (4)(a) of section 71-5663 . Practice in a designated area shall commence within three months of the completion of formal education, which may include a period not to exceed five years to complete specialty training in an approved specialty. The commission may approve exceptions to any period required for completion of training upon showing good cause. Loan forgiveness shall occur on a quarterly basis, with completion of the equivalent of three months of full-time practice resulting in the cancellation of one-fourth of the annual loan amount. Part-time practice in a shortage area shall result in a prorated reduction in the cancellation of the loan amount;

(3) If the borrower practices an approved specialty in Nebraska but not in a designated health profession shortage area, practices a specialty other than an approved specialty in Nebraska, does not practice the profession for which the loan was given, discontinues practice of the profession for which the loan was given, or practices outside Nebraska, the borrower shall repay one hundred fifty percent of the outstanding loan principal with interest at a rate of eight percent simple interest per year from the date of default. Such repayment shall commence within six months of the completion of formal education, which may include a period not to exceed five years to complete specialty training in an approved specialty, and shall be completed within a period not to exceed twice the number of years for which loans were awarded;

(4) If a borrower who is a medical, dental, or doctorate-level mental health student determines during the first or second year of medical, dental, or doctorate-level mental health education that his or her commitment to the loan program cannot be honored, the borrower may repay the outstanding loan principal, plus six percent simple interest per year from the date the loan was granted, prior to graduation from medical or dental school or a mental health practice program without further penalty or obligation. Master's level mental health and physician assistant student loan recipients shall not be eligible for this provision;

(5) If the borrower discontinues the course of study for which the loan was granted, the borrower shall repay one hundred percent of the outstanding loan principal. Such repayment shall commence within six months of the date of discontinuation of the course of study and shall be completed within a period of time not to exceed the number of years for which loans were awarded;

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

(7) For a borrower seeking benefits under subdivision (4)(a) of section 71-5663 , the borrower agrees to such other terms as the department deems appropriate.

Laws 1991, LB 400, § 17;

Laws 1994, LB 1223, § 63;

Laws 1996, LB 1155, § 54;

Laws 2001, LB 214, § 4;

Laws 2004, LB 1005, § 107;

Laws 2007, LB374, § 1;

Laws 2009, LB196, § 1;

Laws 2012, LB858, § 1;

Laws 2015, LB196, § 7;

Laws 2023, LB50, § 40;

Laws 2024, LB461, § 26.

State Procurement Act, see section 73-801 .
Neb. Rev. Stat. § 71-5306 — NE Code / Chapter 71 / Section 71-5306
View Statute 71-5306
Status: in_force

(1) To carry out the provisions and purposes of the Nebraska Safe Drinking Water Act, the director may:

(a) Enter into agreements, contracts, or cooperative arrangements, under such terms as are deemed appropriate, with other state, federal, or interstate agencies or with municipalities, educational institutions, local health departments, or other organizations, entities, or individuals;

(b) Require all laboratory analyses to be performed at the Department of Health and Human Services, Division of Public Health, Environmental Laboratory, or at any other certified laboratory which has entered into an agreement for such services with the Department of Health and Human Services pursuant to section 71-2618 ;

(c) Receive financial and technical assistance from an agency of the federal government or from any other public or private agency;

(d) Enter the premises of a public water system at any time for the purpose of conducting monitoring, making inspections, or collecting water samples for analysis;

(e) Delegate those responsibilities and duties as deemed appropriate for the purpose of administering the requirements of the Nebraska Safe Drinking Water Act, including entering into agreements with designated agents which shall perform specifically delegated responsibilities and possess specifically delegated powers;

(f) Require the owner and operator of a public water system to establish and maintain records, make reports, and provide information as the department may reasonably require by regulation to enable it to determine whether such owner or operator has acted or is acting in compliance with the Nebraska Safe Drinking Water Act and rules and regulations adopted pursuant thereto. The department or its designated agent shall have access at all times to such records and reports; and

(g) Assess by regulation a fee for any review of plans and specifications pertaining to a public water system governed by section 71-5305 in order to defray no more than the actual cost of the services provided.

(2) All fees collected by the department pursuant to this section shall be remitted to the State Treasurer for credit to the Safe Drinking Water Act Cash Fund, which is hereby created. Such fund shall be used by the department for the purpose of administering the Nebraska Safe Drinking Water Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Laws 1976, LB 821, § 6;

Laws 1986, LB 1047, § 7;

Laws 1996, LB 1044, § 716;

Laws 2000, LB 1115, § 78;

Laws 2001, LB 667, § 37;

Laws 2003, LB 242, § 130;

Laws 2007, LB296, § 615;

Laws 2008, LB928, § 30;

Laws 2016, LB19, § 1;

Laws 2021, LB148, § 76.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-7619 — NE Code / Chapter 71 / Section 71-7619
View Statute 71-7619
Status: in_force

The Department of Health and Human Services shall provide technical assistance and assessment of needs evaluations upon request to aid tribal councils in the development of contract proposals.

Laws 1998, LB 1070, § 15;

Laws 2005, LB 301, § 59;

Laws 2007, LB296, § 682.
Neb. Rev. Stat. § 71-4814 — NE Code / Chapter 71 / Section 71-4814
View Statute 71-4814
Status: in_force

The Legislature finds that the availability of donor organs and tissue can save the lives and restore the health and productivity of many Nebraskans. Every hospital in the state shall develop a protocol, appropriate to the hospital's capability, for identifying and referring potential donor organ and tissue availability in coordination with the Revised Uniform Anatomical Gift Act. The protocol shall require utmost care and sensitivity to the family's circumstances, views, and beliefs in all discussions regarding donation of organs or tissue. Hospitals shall be required to consult with existing organ and tissue agencies preparatory to establishing a staff training and education program in the protocol. This section and section 71-4816 are for the immediate preservation of the public health and welfare.

Laws 1987, LB 74, § 1;

Laws 2010, LB1036, § 37.

Revised Uniform Anatomical Gift Act, see section 71-4824 .
Neb. Rev. Stat. § 71-4203 — NE Code / Chapter 71 / Section 71-4203
View Statute 71-4203
Status: in_force

For purposes of the Stroke System of Care Act:

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

(2) Hospital means a hospital as defined in section 71-419 and licensed under the Health Care Facility Licensure Act.

Laws 2016, LB722, § 3.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 71-8402 — NE Code / Chapter 71 / Section 71-8402
View Statute 71-8402
Status: in_force

For purposes of sections 71-8401 to 71-8407 :

(1) Medical records means a provider's record of a patient's health history and treatment rendered;

(2) Mental health medical records means medical records or parts thereof created by or under the direction or supervision of a licensed psychiatrist, a licensed psychologist, a mental health practitioner licensed or certified pursuant to the Mental Health Practice Act, or a professional counselor who holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact;

(3) Patient includes a patient or former patient;

(4) Patient request or request of a patient includes the request of a patient's guardian or other authorized representative; and

(5) Provider means a physician, psychologist, chiropractor, dentist, hospital, clinic, and any other licensed or certified health care practitioner or entity.

Laws 1999, LB 17, § 2;

Laws 2007, LB247, § 56;

Laws 2007, LB463, § 1306;

Laws 2022, LB752, § 29.

Licensed Professional Counselors Interstate Compact, see section 38-4201 .

Mental Health Practice Act, see section 38-2101 .
Neb. Rev. Stat. § 71-5669.01 — NE Code / Chapter 71 / Section 71-5669.01
View Statute 71-5669.01
Status: in_force

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

(1) The medical resident incentive recipient agrees to practice an approved medical specialty the equivalent of one year of full-time practice in a designated health profession shortage area, or for a longer period as required by subdivision (4)(b) of section 71-5663 , and to accept medicaid patients in his or her practice;

(2) In consideration of the agreement by the medical resident incentive recipient, the State of Nebraska will provide funding for the repayment of the recipient's qualified educational debts, in amounts up to forty thousand dollars per year for up to three years while in an approved medical specialty residency program in Nebraska, or for a longer period as required by subdivision (4)(b) of section 71-5663 . The department shall make payments directly to the medical resident incentive recipient;

(3) If the medical resident incentive recipient extends his or her residency training but not in an approved specialty, practices an approved specialty in Nebraska but not in a designated health profession shortage area, practices a specialty other than an approved specialty in Nebraska, does not practice the profession for which the loan was given, discontinues practice of the profession for which the loan was given, or practices outside Nebraska, the medical resident incentive recipient shall repay to the state one hundred fifty percent of the outstanding loan principal with interest at a rate of eight percent simple interest per year from the date of default. Such repayment shall commence within six months of the completion or discontinuation of an approved specialty residency training in Nebraska and shall be completed within a period not to exceed twice the number of years for which the medical resident incentive recipient received awards;

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

(5) For a medical resident incentive recipient seeking benefits under subdivision (4)(b) of section 71-5663 , the recipient agrees to such other terms as the department deems appropriate.

Laws 2015, LB196, § 10;

Laws 2023, LB50, § 42;

Laws 2024, LB461, § 29.

State Procurement Act, see section 73-801 .
Neb. Rev. Stat. § 71-4838 — NE Code / Chapter 71 / Section 71-4838
View Statute 71-4838
Status: in_force

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

Laws 2010, LB1036, § 15.
Neb. Rev. Stat. § 71-7460.02 — NE Code / Chapter 71 / Section 71-7460.02
View Statute 71-7460.02
Status: in_force

(1) A health care facility licensed under the Health Care Facility Licensure Act or a peer review organization or professional association relating to a profession regulated under the Wholesale Drug Distributor Licensing Act shall report to the department, on a form and in the manner specified by the department, any facts known to the facility, organization, or association, including, but not limited to, the identity of the credential holder and consumer, when the facility, organization, or association:

(a) Has made payment due to adverse judgment, settlement, or award of a professional liability claim against it or a licensee, including settlements made prior to suit, arising out of the acts or omissions of the licensee; or

(b) Takes action adversely affecting the privileges or membership of a licensee in such facility, organization, or association due to alleged incompetence, professional negligence, unprofessional conduct, or physical, mental, or chemical impairment.

The report shall be made within thirty days after the date of the action or event.

(2) A report made to the department under this section shall be confidential. The facility, organization, association, or person making such report shall be completely immune from criminal or civil liability of any nature, whether direct or derivative, for filing a report or for disclosure of documents, records, or other information to the department under this section. Nothing in this subsection shall be construed to require production of records protected by the Health Care Quality Improvement Act or section 25-12,123 or patient safety work product under the Patient Safety Improvement Act except as otherwise provided in either of such acts or such section.

(3) Any health care facility, peer review organization, or professional association that fails or neglects to make a report or provide information as required under this section is subject to a civil penalty of five hundred dollars for the first offense and a civil penalty of up to one thousand dollars for a subsequent offense. Any civil penalty collected under this subsection shall be remitted to the State Treasurer to be disposed of in accordance with Article VII, section 5, of the Constitution of Nebraska.

(4) For purposes of this section, the department shall accept reports made to it under the Nebraska Hospital-Medical Liability Act or in accordance with national practitioner data bank requirements of the federal Health Care Quality Improvement Act of 1986, as the act existed on January 1, 2007, and may require a supplemental report to the extent such reports do not contain the information required by the department.

Laws 2007, LB463, § 1298;

Laws 2011, LB431, § 15.

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

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

Nebraska Hospital-Medical Liability Act, see section 44-2855 .

Patient Safety Improvement Act, see section 71-8701 .
Neb. Rev. Stat. § 71-8609 — NE Code / Chapter 71 / Section 71-8609
View Statute 71-8609
Status: in_force

(1) For a person to qualify for blindness-related services from the commission, the commission shall find such person to be (a) a blind person as defined in subdivision (1)(a) of section 71-8603 or (b) a person who is experiencing a deteriorating condition which is expected to result in blindness. A person seeking to qualify for blindness-related services may obtain an eye examination from a licensed ophthalmologist or optometrist of his or her choice or provide other certifying evidence of existing or potential visual impairment as required by the rules and regulations of the commission.

(2) The commission shall maintain a list of all ophthalmologists and optometrists currently licensed in Nebraska and establish procedures for a person to obtain evidence to verify that he or she qualifies for blindness-related services.

(3) When an eye examination is required for a person seeking to qualify for blindness-related services, the commission shall pay the cost pursuant to its rules and regulations. The commission may assist any person seeking to qualify for blindness-related services under the Commission for the Blind and Visually Impaired Act in arranging an eye examination or obtaining other evidence pursuant to this section.

Laws 2000, LB 352, § 9.
Neb. Rev. Stat. § 71-8604 — NE Code / Chapter 71 / Section 71-8604
View Statute 71-8604
Status: in_force

(1) The Commission for the Blind and Visually Impaired is created. The governing board of the commission shall consist of five members appointed by the Governor with the approval of a majority of the members of the Legislature. All board members shall have reasonable knowledge or experience in issues related to blindness which may include, but is not limited to, reasonable knowledge or experience acquired through membership in consumer organizations of the blind. No board member or his or her immediate family shall be a current employee of the commission. At least three board members shall be blind persons: One member shall be a member or designee of the National Federation of the Blind of Nebraska; one member shall be a member or designee of the American Council of the Blind of Nebraska; and one member may be a member of another consumer organization of the blind.

(2) Board members shall be appointed for staggered terms with the initial members appointed for terms as follows: Two members for terms ending on December 31, 2001, and three members for terms ending December 31, 2003. Subsequent appointments shall be for terms of four years with no board member appointed to more than two consecutive terms. Board members whose terms have expired shall continue to serve until their successors have been appointed. In the case of a vacancy, the Governor shall appoint a successor for the unexpired term. Board members may be removed for cause.

(3) A majority of the board members constitutes a quorum for the transaction of business. The board shall annually elect a chairperson from its membership.

(4) Board members shall receive a per diem of seventy dollars for each day spent in the performance of their official duties and shall be reimbursed for expenses incurred in the performance of their official duties as provided in sections 81-1174 to 81-1177 . Aside from the provisions of this subsection, a board member shall not receive other compensation, perquisites, or allowances for the performance of official duties.

Laws 2000, LB 352, § 4;

Laws 2020, LB381, § 75.
Neb. Rev. Stat. § 71-4613 — NE Code / Chapter 71 / Section 71-4613
View Statute 71-4613
Status: in_force

Each manufacturer of manufactured homes which selects the commission to perform plan review shall:

(1) Submit, in accordance with regulations and standards adopted by the United States Secretary of Housing and Urban Development, the building plans for every model of its manufactured homes to the commission for the purpose of inspection. The manufacturer shall certify that each building plan meets the standards in force at that time before the respective model is produced;

(2) Establish and maintain records, make reports, and provide information as the commission may reasonably require to enable it to determine whether such manufacturer or any distributor or dealer has acted or is acting in compliance with the Uniform Standard Code for Manufactured Homes and Recreational Vehicles and standards adopted pursuant thereto;

(3) Upon request of a person duly designated by the commission, permit such person to inspect appropriate books, papers, records, and documents relevant to determining whether such manufacturer or any distributor or dealer has acted or is acting in compliance with the code and standards adopted pursuant to the code; and

(4) Provide to the commission all performance data and other technical data related to performance and safety as may be required by the commission to carry out the purposes of the code. Such data shall include records of tests and test results which the commission may require to be performed.

Laws 1975, LB 300, § 12;

Laws 1985, LB 313, § 16;

Laws 1993, LB 536, § 94;

Laws 1998, LB 1073, § 137.
Neb. Rev. Stat. § 71-6319.03 — NE Code / Chapter 71 / Section 71-6319.03
View Statute 71-6319.03
Status: in_force

Accredited training program means a training program that has been accredited by the department to provide training for individuals engaged in lead-based paint activities.

Laws 1999, LB 863, § 5.
Neb. Rev. Stat. § 38-1216 — NE Code / Chapter 71 / Section 38-1216
38-1216
Status: in_force

In addition to any other responsibilities prescribed by the Emergency Medical Services Practice Act, the board shall:

(1) Promote the dissemination of public information and education programs to inform the public about emergency medical service and other medical information, including appropriate methods of medical self-help, first aid, and the availability of emergency medical services training programs in the state;

(2) Provide for the collection of information for evaluation of the availability and quality of emergency medical care, evaluate the availability and quality of emergency medical care, and serve as a focal point for discussion of the provision of emergency medical care;

(3) Establish model procedures for patient management in medical emergencies that do not limit the authority of law enforcement and fire protection personnel to manage the scene during a medical emergency; and

(4) Identify communication needs of emergency medical services and make recommendations for development of a communications plan for a communications network for emergency care providers and emergency medical services.

Laws 1997, LB 138, § 6;

R.S.1943, (2003), § 71-5177;

Laws 2007, LB463, § 500;

Laws 2012, LB782, § 38;

Laws 2018, LB1034, § 19;

Laws 2020, LB1002, § 29;

Laws 2025, LB376, § 4.
Neb. Rev. Stat. § 71-6225 — NE Code / Chapter 71 / Section 71-6225
View Statute 71-6225
Status: in_force

The board shall receive reports from the technical committees and shall meet to review and discuss each report. The board shall apply the criteria established in sections 71-6221 to 71-6223 and compile its own report, including its findings and recommendations, and submit such report, together with the committee report, to the director. The recommendation of the board shall be developed in a manner consistent with subsection (4) of section 71-6224 .

Laws 1985, LB 407, § 25;

Laws 1988, LB 384, § 11;

Laws 2012, LB834, § 20.
Neb. Rev. Stat. § 71-6906 — NE Code / Chapter 71 / Section 71-6906
View Statute 71-6906
Status: in_force

Consent shall not be required pursuant to sections 71-6901 to 71-6911 if any of the following conditions exist:

(1) The attending physician certifies in the pregnant woman's medical record that a medical emergency exists and there is insufficient time to obtain the required consent; or

(2) Consent is waived under section 71-6903 .

Laws 1991, LB 425, § 6;

Laws 2005, LB 116, § 23;

Laws 2011, LB690, § 10.
Neb. Rev. Stat. § 71-6105 — NE Code / Chapter 71 / Section 71-6105
View Statute 71-6105
Status: in_force

(1)(a) The interior design registry is created.

(b) The State Treasurer shall list each interior designer registration in the registry. 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 the Interior Design Voluntary Registration Act.

(c) The registry shall contain (i) the individual's full name and (ii) any other information as the State Treasurer may require by rules and regulations.

(2) Except as otherwise provided in this section or section 71-6107 , the following shall be considered as the minimum evidence satisfactory to the State Treasurer that an applicant is eligible for listing on the interior design registry:

(a) Education eligibility as outlined by the Council for Interior Design Qualification to sit for an examination on technical and professional subjects of interior design as required by the council;

(b) Experience eligibility as outlined by the Council for Interior Design Qualification to sit for an examination on technical and professional subjects of interior design as required by the council;

(c) Successful passage of an examination on technical and professional subjects of interior design as required by the Council for Interior Design Qualification;

(d) Passage of an examination on the statutes, rules and regulations, and other requirements unique to this state regarding the practice of registered interior design; and

(e) Demonstration of good reputation and good ethical character by attestation of references. The names and complete addresses of references acceptable to the State Treasurer shall be included in the application for registration.

(3) An individual holding a credential to practice interior design issued by a proper authority of any jurisdiction, based on credentials that do not conflict with subsection (2) of this section, may, upon application, be listed on the interior design registry after:

(a) Successful passage of an examination on the statutes, rules and regulations, and other requirements unique to this state regarding the practice of registered interior design; and

(b) Demonstration of good reputation and good ethical character by attestation of references. The names and complete addresses of references acceptable to the State Treasurer shall be included in the application for registration.

(4) An individual who holds a current and valid certification issued by the Council for Interior Design Qualification and who submits satisfactory evidence of such certification to the State Treasurer may, upon application, be listed on the interior design registry after:

(a) Successful passage of an examination on the statutes, rules and regulations, and other requirements unique to this state regarding the practice of registered interior design; and

(b) Demonstration of good reputation and good ethical character by attestation of references. The names and complete addresses of references acceptable to the State Treasurer shall be included in the application for registration.

(5) An individual who has been credentialed to practice interior design for fifteen years or more in one or more jurisdictions and who has practiced interior design for fifteen years in compliance with the credentialing laws in the jurisdictions where such individual interior design practice has occurred since initial issuance of the credential may, upon application, be listed on the interior design registry after:

(a) Successful passage of an examination on the statutes, rules and regulations, and other requirements unique to this state regarding the practice of registered interior design; and

the credentialing laws in the jurisdictions where such individual interior design practice has occurred since initial issuance of the credential may, upon application, be listed on the interior design registry after:

(a) Successful passage of an examination on the statutes, rules and regulations, and other requirements unique to this state regarding the practice of registered interior design; and

(b) Demonstration of good reputation and good ethical character by attestation of references. The names and complete addresses of references acceptable to the State Treasurer shall be included in the application for registration.

(6) None of the examination materials described in this section shall be considered public records.

(7) The State Treasurer or the State Treasurer's agent shall direct the time and place of the interior design examinations referenced in this section.

(8) The State Treasurer may adopt the examinations and grading procedures of the Council for Interior Design Qualification. The State Treasurer may also adopt guidelines published by the council.

(9) Registration shall be effective upon listing in the registry.

Laws 2024, LB16, § 18.
Neb. Rev. Stat. § 71-6612 — NE Code / Chapter 71 / Section 71-6612
View Statute 71-6612
Status: in_force

Each home health agency shall be responsible for verifying in a manner and method prescribed by the department that a home health aide is competent to provide personal care, assistance with the activities of daily living, and basic therapeutic care to patients of the agency.

Laws 1988, LB 1100, § 127;

Laws 1991, LB 703, § 62.
Neb. Rev. Stat. § 71-7804 — NE Code / Chapter 71 / Section 71-7804
View Statute 71-7804
Status: in_force

(1) The Primary Care Investment Council is created. The council shall consist of fifteen voting members and two ex officio, nonvoting members.

(2) The Primary Care Investment Council shall consist of the following voting members:

(a) Three representatives of primary care physicians, one representing each congressional district;

(b) A representative of behavioral health providers;

(c) A representative of hospitals;

(d) A representative of academia with experience in health care data;

(e) Two other representatives of health providers who are not primary care physicians or hospitals;

(f) Three representatives of health insurers, one of which shall be a representative of a managed care organization;

(g) One representative of large employers that purchase health insurance for employees, which representative is not an insurer;

(h) One representative of small employers that purchase group health insurance for employees, which representative is not an insurer;

(i) One health care consumer advocate who is knowledgeable about the private health insurance market; and

(j) A representative of organizations that facilitate health information exchange in Nebraska.

(3) The following officials or their designees shall serve as ex officio, nonvoting members:

(a) The Director of Insurance; and

(b) The Director of Medicaid and Long-Term Care of the Division of Medicaid and Long-Term Care of the Department of Health and Human Services.

(4) The Governor shall appoint the voting members of the council. The Governor shall appoint the initial members by October 1, 2022. Any member who ceases to meet the requirements for his or her appointment regarding representation or practice shall cease to be a member of the council. Any vacancy shall be filled in the same manner as the original appointment.

(5) The council shall select one of its members to serve as chairperson for a one-year term. The council shall conduct its organizational meeting in October 2022.

(6) The council shall terminate on July 1, 2029.

Laws 2022, LB863, § 14.
Neb. Rev. Stat. § 71-9603 — NE Code / Chapter 71 / Section 71-9603
View Statute 71-9603
Status: in_force

To be an eligible patient under the Investigational Drug Use Act, a person shall:

(1) Have an advanced illness, attested by the person's treating physician;

(2) Have considered all other treatment options approved by the United States Food and Drug Administration at the time;

(3) Have a recommendation from his or her treating physician for an investigational drug, biological product, or device;

(4) Give written, informed consent for the use of the investigational drug, biological product, or device;

(5) Have documentation from his or her treating physician that he or she meets the requirements of the act; and

(6) Not be a patient receiving inpatient treatment in a hospital licensed pursuant to the Health Care Facility Licensure Act.

Laws 2018, LB117, § 3.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 38-1217 — NE Code / Chapter 71 / Section 38-1217
38-1217
Status: in_force

The board shall adopt rules and regulations necessary to:

(1) Create licensure requirements for advanced emergency medical technicians, community paramedics, critical care paramedics, emergency medical responders, emergency medical technicians, and paramedics and, until December 31, 2025, create renewal requirements for emergency medical technicians-intermediate. The rules and regulations shall include all criteria and qualifications for each classification determined to be necessary for protection of public health and safety;

(2) Provide for temporary licensure of an emergency care provider who has completed the educational requirements for a licensure classification enumerated in subdivision (1) of this section but has not completed the testing requirements for licensure under such subdivision. A temporary license shall allow the person to practice only in association with a licensed emergency care provider under physician medical direction and shall be valid until the date on which the results of the next licensure examination are available to the department. The temporary license shall expire immediately if the applicant has failed the examination. In no case may a temporary license be issued for a period extending beyond one year. The rules and regulations shall include qualifications and training necessary for issuance of such temporary license, the practices and procedures authorized for a temporary licensee under this subdivision, and supervision required for a temporary licensee under this subdivision. The requirements of this subdivision and the rules and regulations adopted and promulgated pursuant to this subdivision do not apply to a temporary license issued as provided in section 38-129.01 ;

(3) Provide for temporary licensure of an emergency care provider relocating to Nebraska, if such emergency care provider is lawfully authorized to practice in another state that has adopted the licensing standards of the EMS Personnel Licensure Interstate Compact. Such temporary licensure shall be valid for one year or until a license is issued and shall not be subject to renewal. The requirements of this subdivision do not apply to a temporary license issued as provided in section 38-129.01 ;

(4) Set standards for the licensure of basic life support services and advanced life support services. The rules and regulations providing for licensure shall include standards and requirements for: Vehicles, equipment, maintenance, sanitation, inspections, personnel, training, medical direction, records maintenance, practices and procedures to be provided by employees or members of each classification of service, and other criteria for licensure established by the board;

(5) Authorize emergency medical services to provide differing practices and procedures depending upon the qualifications of emergency care providers available at the time of service delivery. No emergency medical service shall be licensed to provide practices or procedures without the use of personnel licensed to provide the practices or procedures;

(6) Authorize emergency care providers to perform any practice or procedure which they are authorized to perform with an emergency medical service other than the service with which they are affiliated when requested by the other service and when the patient for whom they are to render services is in danger of loss of life;

(7) Provide for the approval of training agencies, provide for disciplinary or corrective action against training agencies, and establish minimum standards for services provided by training agencies;

(8) Provide for the minimum qualifications of a physician medical director in addition to the licensure required by section 38-1212 ;

r whom they are to render services is in danger of loss of life;

(7) Provide for the approval of training agencies, provide for disciplinary or corrective action against training agencies, and establish minimum standards for services provided by training agencies;

(8) Provide for the minimum qualifications of a physician medical director in addition to the licensure required by section 38-1212 ;

(9) Provide for the use of physician medical directors, qualified physician surrogates, model protocols, standing orders, operating procedures, and guidelines which may be necessary or appropriate to carry out the purposes of the Emergency Medical Services Practice Act. The model protocols, standing orders, operating procedures, and guidelines may be modified by the physician medical director for use by any emergency care provider or emergency medical service before or after adoption;

(10) Establish renewal and reinstatement requirements for emergency care providers and establish continuing competency requirements. Continuing education is sufficient to meet continuing competency requirements. The requirements may also include, but not be limited to, one or more of the continuing competency activities listed in section 38-145 which a licensed person may select as an alternative to continuing education. The reinstatement requirements for emergency care providers shall allow reinstatement at the same or any lower level of licensure for which the emergency care provider is determined to be qualified;

(11) Create licensure, renewal, and reinstatement requirements for emergency medical service instructors. The rules and regulations shall include the practices and procedures for licensure, renewal, and reinstatement;

(12) Establish criteria for emergency medical technicians-intermediate, advanced emergency medical technicians, emergency medical technicians, community paramedics, critical care paramedics, or paramedics performing activities within their scope of practice and as determined by a licensed health care practitioner as defined in section 38-1224 ; and

(13) Establish model protocols for compliance with the Stroke System of Care Act by an emergency medical service and an emergency care provider.

Laws 1997, LB 138, § 7;

Laws 1999, LB 498, § 2;

Laws 2001, LB 238, § 1;

Laws 2002, LB 1021, § 87;

Laws 2002, LB 1033, § 1;

R.S.1943, (2003), § 71-5178;

Laws 2007, LB463, § 501;

Laws 2009, LB195, § 13;

Laws 2016, LB722, § 10;

Laws 2017, LB88, § 48;

Laws 2018, LB1034, § 20;

Laws 2020, LB1002, § 30.

EMS Personnel Licensure Interstate Compact, see section 38-3801 .

Stroke System of Care Act, see section 71-4201 .
Neb. Rev. Stat. § 71-8219 — NE Code / Chapter 71 / Section 71-8219
View Statute 71-8219
Status: in_force

Hospital means a health care facility licensed under the Health Care Facility Licensure Act or a comparable health care facility operated by the federal government or located and licensed in another state.

Laws 1997, LB 626, § 19;

Laws 2000, LB 819, § 146.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 71-7452 — NE Code / Chapter 71 / Section 71-7452
View Statute 71-7452
Status: in_force

An applicant for an initial or renewal license as a wholesale drug distributor shall submit to the department proof of a bond of not less than one hundred thousand dollars or other equivalent means of security acceptable to the department. The bond or other security shall be given for the purpose of securing payment of any fines or other penalties imposed by the department and any fees or costs incurred by the department relating to such applicant as authorized under the Wholesale Drug Distributor Licensing Act or rules and regulations adopted and promulgated under the act which remain unpaid by the applicant within thirty days after such fines, penalties, and costs become final. The department may make a claim against such bond or security until one year after the expiration of the license issued to the applicant under the act.

Laws 2006, LB 994, § 26.
Neb. Rev. Stat. § 38-2419 — NE Code / Chapter 71 / Section 38-2419
38-2419
Status: in_force

(1) The department shall issue a license to an applicant who submits (a) satisfactory evidence of completion of (i) an associate degree which includes the core educational requirements and an administrator-in-training program under a certified preceptor, (ii) a degree or an advanced degree and a mentoring program under a certified preceptor, (iii) a nursing degree, previous work experience in health care administration, and a mentoring program under a certified preceptor, (iv) a degree or an advanced degree in health care and previous work experience in health care administration, or (v) an associate degree which includes the core educational requirements, previous work experience, and a mentoring program under a certified preceptor, and (b) evidence of successful passage of the National Association of Boards of Examiners for Nursing Home Administration written examination.

(2) The department shall license administrators in accordance with the Nursing Home Administrator Practice Act and standards, rules, and regulations adopted and promulgated by the department, with the recommendation of the board. The license shall not be transferable or assignable.

(3) Each administrator shall be responsible for and oversee the operation of only one licensed facility or one integrated system, except that an administrator may make application to the department for approval to be responsible for and oversee the operations of a maximum of three licensed facilities if such facilities are located within two hours' travel time of each other or to act in the dual role of administrator and department head but not in the dual role of administrator and director of nursing. In reviewing the application, the department may consider the proximity of the facilities and the number of licensed beds in each facility. An administrator responsible for and overseeing the operations of any integrated system is subject to disciplinary action against his or her license for any regulatory violations within each system.

Laws 1972, LB 1040, § 6;

Laws 1980, LB 686, § 4;

Laws 1988, LB 352, § 126;

R.S.1943, (1986), § 71-2045.02;

Laws 1988, LB 693, § 3;

Laws 1989, LB 344, § 19;

Laws 1989, LB 733, § 1;

R.S.Supp.,1989, § 71-2041.02;

Laws 1991, LB 58, § 1;

Laws 1991, LB 456, § 38;

Laws 1992, LB 1019, § 83;

Laws 1993, LB 669, § 59;

Laws 1994, LB 1223, § 74;

Laws 1997, LB 608, § 23;

Laws 1997, LB 752, § 193;

Laws 1999, LB 411, § 2;

Laws 2002, LB 1021, § 92;

Laws 2002, LB 1062, § 56;

Laws 2003, LB 242, § 133;

Laws 2005, LB 246, § 2;

R.S.Supp.,2006, § 71-6054;

Laws 2007, LB463, § 834;

Laws 2013, LB42, § 5.

Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Neb. Rev. Stat. § 71-6909 — NE Code / Chapter 71 / Section 71-6909
View Statute 71-6909
Status: in_force

A monthly report indicating only the number of consents obtained under sections 71-6901 to 71-6911 , the number of times in which exceptions were made to the consent requirement under such sections, the type of exception, the pregnant woman's age, and the number of prior pregnancies and prior abortions of the pregnant woman shall be filed by the physician with the department on forms prescribed by the department. The name of the pregnant woman shall not be used on the forms. A compilation of the data reported shall be made by the department on an annual basis and shall be available to the public.

Laws 2011, LB690, § 12.
Neb. Rev. Stat. § 71-6039.05 — NE Code / Chapter 71 / Section 71-6039.05
View Statute 71-6039.05
Status: in_force

Each nursing home shall maintain (1) a record of all paid dining assistants employed by such facility, (2) verification of successful completion of a training course for each paid dining assistant, and (3) verification that the facility has made checks with the Nurse Aide Registry, the Adult Protective Services Central Registry, and the central registry created in section 28-718 , if applicable under section 71-6039.01 , with respect to each paid dining assistant.

Laws 2004, LB 1005, § 119;

Laws 2014, LB853, § 48.
Neb. Rev. Stat. § 71-4728.02 — NE Code / Chapter 71 / Section 71-4728.02
View Statute 71-4728.02
Status: in_force

The commission shall appoint a mental health specialist advisor. The specialist shall monitor and provide advice to mental health, alcoholism, and drug abuse programs which provide treatment for deaf or hard of hearing persons. The specialist shall also serve as the commission's liaison to persons who provide treatment or intervention services for mental health, alcoholism, and drug abuse disorders which provide treatment for deaf or hard of hearing persons.

Laws 1995, LB 25, § 5;

Laws 1997, LB 851, § 20.
Neb. Rev. Stat. § 71-7703 — NE Code / Chapter 71 / Section 71-7703
View Statute 71-7703
Status: in_force

Parties to a cooperative agreement may apply to the department for a certificate of public advantage governing the cooperative agreement. The application shall include an executed letter of intent signed by the parties indicating the parties' intent to proceed with a cooperative agreement if the department issues a certificate of public advantage and shall also include a narrative description of the proposed agreement, the nature and scope of the cooperation in the proposed agreement, and any consideration passing to any party under the proposed agreement. A copy of the application and copies of all additional related materials shall be submitted to the Attorney General and to the department at the same time.

Laws 1994, LB 1223, § 113.
Neb. Rev. Stat. § 71-5803.08 — NE Code / Chapter 71 / Section 71-5803.08
View Statute 71-5803.08
Status: in_force

Hospital has the same meaning as in section 71-419 .

Laws 1979, LB 172, § 16;

R.S.1943, (1996), § 71-5816;

Laws 1997, LB 798, § 12;

Laws 2000, LB 819, § 115.
Neb. Rev. Stat. § 71-9609 — NE Code / Chapter 71 / Section 71-9609
View Statute 71-9609
Status: in_force

A treating physician while acting in good faith in the course of his or her professional practice as authorized by the Investigational Drug Use Act may not be subject to arrest, prosecution, penalty, or denial of any right or privilege granted otherwise.

Laws 2018, LB117, § 9.
Neb. Rev. Stat. § 71-4101 — NE Code / Chapter 71 / Section 71-4101
View Statute 71-4101
Status: in_force

Sections 71-4101 to 71-4104 shall be known and may be cited as the Down Syndrome Diagnosis Information and Support Act.

Laws 2016, LB891, § 1.
Neb. Rev. Stat. § 71-6008 — NE Code / Chapter 71 / Section 71-6008
View Statute 71-6008
Status: in_force

As used in the Nebraska Nursing Home Act, unless the context otherwise requires, the definitions found in sections 71-6010 to 71-6017.01 shall apply.

Laws 1983, LB 235, § 1;

Laws 1986, LB 782, § 4;

Laws 1998, LB 1354, § 38.
Neb. Rev. Stat. § 71-5868 — NE Code / Chapter 71 / Section 71-5868
View Statute 71-5868
Status: in_force

The department may, in accordance with the laws of the state governing injunctions and other process, maintain an action in the name of the state against any person who is engaging in an activity identified as requiring a certificate of need under the Nebraska Health Care Certificate of Need Act without first having a valid certificate of need or who is engaging in an activity prohibited under the act.

Laws 1979, LB 172, § 68;

Laws 1982, LB 378, § 54;

Laws 1989, LB 429, § 38;

Laws 1997, LB 798, § 34.
Neb. Rev. Stat. § 38-1224 — NE Code / Chapter 71 / Section 38-1224
38-1224
Status: in_force

(1) An emergency care provider other than an emergency medical responder may not assume the duties incident to the title or practice the skills of an emergency care provider unless he or she is acting under the supervision of a licensed health care practitioner.

(2) An emergency care provider may only practice the skills he or she is authorized to employ and which are covered by the license issued to such provider pursuant to the Emergency Medical Services Practice Act or as authorized pursuant to the EMS Personnel Licensure Interstate Compact.

(3) A registered nurse may provide for the direction of an emergency care provider in any setting other than an emergency medical service.

(4) For purposes of this section, licensed health care practitioner means (a) a physician medical director or physician surrogate for purposes of supervision of an emergency care provider for an emergency medical service or (b) a physician, a physician assistant, or an advanced practice registered nurse for purposes of supervision of an emergency care provider in a setting other than an emergency medical service.

Laws 1997, LB 138, § 13;

Laws 1998, LB 1073, § 147;

Laws 2002, LB 1033, § 2;

R.S.1943, (2003), § 71-5184;

Laws 2007, LB463, § 508;

Laws 2009, LB195, § 17;

Laws 2018, LB1034, § 25;

Laws 2020, LB1002, § 33.

EMS Personnel Licensure Interstate Compact, see section 38-3801 .
Neb. Rev. Stat. § 38-1215 — NE Code / Chapter 71 / Section 38-1215
38-1215
Status: in_force

(1) The board shall have seventeen members appointed by the Governor with the approval of a majority of the Legislature. The appointees may begin to serve immediately following appointment and prior to approval by the Legislature.

(2)(a) Seven members of the board shall be active emergency care providers at the time of and for the duration of their appointment, and each shall have at least five years of experience in his or her level of licensure at the time of his or her appointment or reappointment. Of the seven members who are emergency care providers, two shall be emergency medical responders, two shall be emergency medical technicians, one shall be an advanced emergency medical technician, and two shall be paramedics.

(b) Three of the members shall be qualified physicians actively involved in emergency medical care. At least one of the physician members shall be a board-certified emergency physician, and at least one of the physician members shall specialize in pediatrics.

(c) Five members shall be appointed to include one member who is a representative of an approved training agency, one member who is a physician assistant with at least five years of experience and active in emergency medical care education, one member who is a registered nurse with at least five years of experience and active in emergency medical care education, and two public members who meet the requirements of section 38-165 and who have an expressed interest in the provision of emergency medical care.

(d) The remaining two members shall have any of the qualifications listed in subdivision (a), (b), or (c) of this subsection.

(e) In addition to any other criteria for appointment, among the members of the board appointed after January 1, 2017, there shall be at least three members who are volunteer emergency medical care providers, at least one member who is a paid emergency medical care provider, at least one member who is a firefighter, at least one member who is a law enforcement officer, and at least one member who is active in the Critical Incident Stress Management Program. If a person appointed to the board is qualified to serve as a member in more than one capacity, all qualifications of such person shall be taken into consideration to determine whether or not the diversity in qualifications required in this subsection has been met.

(f) At least five members of the board shall be appointed from each congressional district, and at least one of such members shall be a physician member described in subdivision (b) of this subsection.

(3) Members shall serve five-year terms beginning on December 1 and may serve for any number of such terms. The terms of the members of the board appointed prior to December 1, 2008, shall be extended by two years and until December 1 of such year. Each member shall hold office until the expiration of his or her term. Any vacancy in membership, other than by expiration of a term, shall be filled within ninety days by the Governor by appointment as provided in subsection (2) of this section.

(4) Special meetings of the board may be called by the department or upon the written request of any six members of the board explaining the reason for such meeting. The place of the meetings shall be set by the department.

(5) The Governor upon recommendation of the department shall have power to remove from office at any time any member of the board for physical or mental incapacity to carry out the duties of a board member, for continued neglect of duty, for incompetency, for acting beyond the individual member's scope of authority, for malfeasance in office, for any cause for which a professional credential may be suspended or revoked pursuant to the Uniform Credentialing Act, or for a lack of license required by the Emergency Medical Services Practice Act.

ental incapacity to carry out the duties of a board member, for continued neglect of duty, for incompetency, for acting beyond the individual member's scope of authority, for malfeasance in office, for any cause for which a professional credential may be suspended or revoked pursuant to the Uniform Credentialing Act, or for a lack of license required by the Emergency Medical Services Practice Act.

(6) Except as provided in subsection (5) of this section and notwithstanding subsection (2) of this section, a member of the board who changes his or her licensure classification after appointment or has a licensure classification which is terminated under section 38-1207.02 or 38-1217 when such licensure classification was a qualification for appointment shall be permitted to continue to serve as a member of the board until the expiration of his or her term.

Laws 1997, LB 138, § 5;

Laws 1998, LB 1073, § 146;

Laws 2004, LB 821, § 18;

R.S.Supp.,2006, § 71-5176;

Laws 2007, LB463, § 499;

Laws 2009, LB195, § 12;

Laws 2016, LB952, § 1;

Laws 2018, LB1034, § 18;

Laws 2020, LB1002, § 28.

Critical Incident Stress Management Program, see section 71-7104 .
Neb. Rev. Stat. § 71-5663 — NE Code / Chapter 71 / Section 71-5663
View Statute 71-5663
Status: in_force

(1) The amount of financial assistance provided through student loans pursuant to the Rural Health Systems and Professional Incentive Act shall be limited to thirty thousand dollars for each recipient for each academic year and, except as provided in subdivision (4)(a) of this section, shall not exceed one hundred twenty thousand dollars per medical, dental, or doctorate-level mental health student or thirty thousand dollars per master's level mental health or physician assistant student.

(2) The amount of financial assistance provided through the medical resident incentive program pursuant to the act shall be limited to forty thousand dollars for each recipient for each year of residency and, except as provided in subdivision (4)(b) of this section, shall not exceed one hundred twenty thousand dollars.

(3) The amount of financial assistance provided by the state through loan repayments pursuant to the act (a) for physicians, psychiatrists, dentists, and psychologists shall be limited to thirty thousand dollars per recipient per year of full-time practice in a designated health profession shortage area and, except as provided in subdivision (4)(c) of this section, shall not exceed ninety thousand dollars per recipient and (b) for physician assistants, nurse practitioners, nurse anesthetists, pharmacists, physical therapists, occupational therapists, dietitian nutritionists, and mental health practitioners shall be limited to fifteen thousand dollars per recipient per year of full-time practice in a designated health profession shortage area and, except as provided in subdivision (4)(c) of this section, shall not exceed forty-five thousand dollars per recipient.

(4)(a) The total amount of financial assistance provided through student loans for a doctorate-level mental health student or master's level mental health student shall be the full amount of such loans for a person who practices psychiatry, psychology, or mental health practice:

(i) For at least five years in a designated health profession shortage area; and

(ii) If all or a majority of such practice consists of the treatment of members of the community supervision population.

(b) The total amount of financial assistance provided through the medical resident incentive program for a psychiatrist shall be the full amount of such psychiatrist's qualified educational debts if such person practices psychiatry:

(i) For at least five years in a designated health profession shortage area; and

(ii) If all or a majority of such practice consists of the treatment of members of the community supervision population.

(c) The total amount of financial assistance provided through loan repayments pursuant to the act for psychiatrists, psychologists, and mental health practitioners shall be the full amount of such person's qualified educational debts if such person practices psychiatry, psychology, or mental health practice:

(i) For at least five years in a designated health profession shortage area; and

(ii) If all or a majority of such practice consists of the treatment of members of the community supervision population.

(5) For purposes of this section, community supervision population means persons on probation, post-release supervision, and pretrial release.

Laws 1991, LB 400, § 14;

Laws 1994, LB 1223, § 60;

Laws 1997, LB 577, § 3;

Laws 2000, LB 1115, § 82;

Laws 2004, LB 1005, § 105;

Laws 2006, LB 962, § 2;

Laws 2008, LB797, § 20;

Laws 2015, LB196, § 6;

Laws 2023, LB50, § 38;

Laws 2025, LB312, § 2.
Neb. Rev. Stat. § 71-5651 — NE Code / Chapter 71 / Section 71-5651
View Statute 71-5651
Status: in_force

(1) The Legislature finds that (a) residents of rural Nebraska frequently encounter difficulties in obtaining medical care due to the lack of health care providers, facilities, and services, (b) many rural communities experience problems in recruiting and retaining health care providers, (c) rural residents are often required to travel long distances in order to obtain health care services, (d) elderly and uninsured persons constitute a high proportion of the population in rural Nebraska, (e) many rural hospitals are experiencing declining patient revenue and are being forced to reconsider the scope and nature of the health care services they provide, (f) the physical and economic stresses of rural living can lead to an increased need for mental health services in rural Nebraska, (g) the conditions described in this section can lead to situations in which residents of rural Nebraska receive a lower level of health care services than their urban counterparts, and (h) some of the conditions described in this subsection also exist in underserved portions of metropolitan areas within the state.

(2) The Legislature further finds that the health care industry is a vital component of the economic base of many rural communities and that the maintenance and enhancement of this industry can play a significant role in efforts to further the economic development of rural communities.

(3) The Legislature further finds that the inherent limitations imposed upon health care delivery mechanisms by the rural environment can be partially overcome through a greater emphasis on the development of health care systems that emphasize the linkage and integration of health care resources in neighboring communities as well as the development of new resources.

(4) The Legislature further finds that postsecondary education of medical, dental, and mental health professionals is important to the welfare of the state. The Legislature further recognizes and declares that the state can help alleviate the problems of maldistribution and shortages of medical, dental, and mental health personnel through programs offering financial incentives to practice in areas of shortage.

Laws 1991, LB 400, § 2;

Laws 2004, LB 1005, § 99.
Neb. Rev. Stat. § 71-8925 — NE Code / Chapter 71 / Section 71-8925
View Statute 71-8925
Status: in_force

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

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

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

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

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

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

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

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

(8) For purposes of the Veterinary Drug Distribution Licensing Act, the manufacture, repackaging, sale, transfer, delivery, holding, possessing or offering for sale, trade, or any other form of dissemination, any controlled substance; and

(9) Prohibiting or otherwise impeding access, during normal business hours, to any paper or electronic records or any premises, facility, area, or location to which access is authorized by the act.

Laws 2008, LB1022, § 25.
Neb. Rev. Stat. § 71-9002 — NE Code / Chapter 71 / Section 71-9002
View Statute 71-9002
Status: in_force

Sections 71-9002 to 71-9005 shall be known and may be cited as the Domestic Violence and Sex Trafficking Survivor Assistance Act.

Laws 2025, LB78, § 1.
Neb. Rev. Stat. § 71-4405 — NE Code / Chapter 71 / Section 71-4405
View Statute 71-4405
Status: in_force

(1) The provisions of sections 71-4401 to 71-4412 with respect to vaccination shall not apply to any domestic or hybrid animal owned by a person temporarily remaining within the State of Nebraska for less than thirty days, to any domestic or hybrid animal brought into the State of Nebraska for field trial or show purposes, or to any domestic or hybrid animal brought into the state for hunting purposes for a period of less than thirty days. Such domestic or hybrid animals shall be kept under strict supervision of the owner. It shall be unlawful to bring any domestic or hybrid animal into the State of Nebraska which does not comply with the animal health laws and import rules and regulations of the State of Nebraska which are applicable to domestic or hybrid animals.

(2) Domestic or hybrid animals assigned to a research institution or a similar facility shall be exempt from sections 71-4401 to 71-4412 .

Laws 1969, c. 445, § 5, p. 1486;

Laws 1987, LB 104, § 5;

Laws 2007, LB25, § 7.
Neb. Rev. Stat. § 71-6607 — NE Code / Chapter 71 / Section 71-6607
View Statute 71-6607
Status: in_force

The home health agency shall provide supervision of home health aides by a Nebraska-licensed registered nurse.

Supervision of home health aide services consisting of personal care, assistance with activities of daily living, and measuring vital signs, if such measurements are taken at the request of the patient and are not required pursuant to the nursing care plan, shall include, at a minimum, an onsite visit to each patient, with or without the home health aide being present, once every sixty-two days and an onsite visit to observe each home health aide providing care and assistance and measuring vital signs once every six months.

Except for measuring vital signs at the request of the patient when such measurements are not required pursuant to the nursing care plan, supervision of home health aide services for basic therapeutic care shall include at a minimum an onsite visit to each patient, with or without the health aide being present, once every two weeks.

A care plan for home health aide services shall be developed for each patient by a Nebraska-licensed registered nurse and reviewed by the registered nurse as required by the patient's current condition or at least every sixty-two days.

Laws 1988, LB 1100, § 122;

Laws 1991, LB 703, § 58.
Neb. Rev. Stat. § 71-5657 — NE Code / Chapter 71 / Section 71-5657
View Statute 71-5657
Status: in_force

Members of the commission shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177 from funds appropriated for the Rural Health Systems and Professional Incentive Act.

Laws 1991, LB 400, § 8;

Laws 2020, LB381, § 68.
Neb. Rev. Stat. § 38-1227 — NE Code / Chapter 71 / Section 38-1227
38-1227
Status: in_force

The driver of a licensed motor vehicle ambulance who holds a valid driver's license issued by the state of his or her residence may exercise the privileges set forth in Nebraska statutes relating to emergency vehicles when responding to an emergency call or while transporting a patient.

Laws 1997, LB 138, § 16;

R.S.1943, (2003), § 71-5187;

Laws 2007, LB463, § 511.
Neb. Rev. Stat. § 71-8709 — NE Code / Chapter 71 / Section 71-8709
View Statute 71-8709
Status: in_force

Provider means a person that is either:

(1) A facility licensed under the Health Care Facility Licensure Act; or

(2) A health care professional licensed under the Uniform Credentialing Act.

Laws 2005, LB 361, § 9;

Laws 2007, LB463, § 1307.

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

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-6206 — NE Code / Chapter 71 / Section 71-6206
View Statute 71-6206
Status: in_force

Certificate or certification shall mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by such regulatory entity and who may assume or use certified in the title or designation to perform prescribed tasks.

Laws 1985, LB 407, § 6;

Laws 2012, LB834, § 7.
Neb. Rev. Stat. § 71-8605 — NE Code / Chapter 71 / Section 71-8605
View Statute 71-8605
Status: in_force

(1) The commission shall employ a director who is the administrative officer of the commission. The director shall hire employees as necessary for the efficient operation of the commission. The director shall serve at the pleasure of the commission.

(2) The commission shall have power in each instance (a) to establish standards of qualification for personnel employed pursuant to the Commission for the Blind and Visually Impaired Act and (b) to employ necessary field agents, teachers, and other personnel in accordance with such standards and fix their compensation. All employees of the commission, except the director, shall be included within the State Personnel System.

Laws 1917, c. 233, § 3, p. 571;

C.S.1922, § 6876;

C.S.1929, § 83-313;

R.S.1943, § 83-211;

Laws 1947, c. 332, § 3, p. 1050;

Laws 1976, LB 674, § 6;

Laws 1988, LB 810, § 1;

Laws 1996, LB 1044, § 934;

R.S.1943, (1999), § 83-211;

Laws 2000, LB 352, § 5.
Neb. Rev. Stat. § 71-5803.01 — NE Code / Chapter 71 / Section 71-5803.01
View Statute 71-5803.01
Status: in_force

Acute care bed means a bed in a hospital that is or will be licensed under the Health Care Facility Licensure Act for acute care services or a bed that is part of a hospital or unit of a hospital that is excluded from the prospective payment system under Title XVIII of the federal Social Security Act, as amended, as a rehabilitation hospital or rehabilitation unit.

Laws 1997, LB 798, § 5;

Laws 2000, LB 819, § 112.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 71-6310.04 — NE Code / Chapter 71 / Section 71-6310.04
View Statute 71-6310.04
Status: in_force

The department shall establish and collect fees for issuance and renewal of licenses as provided in sections 38-151 to 38-157 for individuals licensed under section 71-6310 .

Laws 2007, LB463, § 1254.
Neb. Rev. Stat. § 71-5647 — NE Code / Chapter 71 / Section 71-5647
View Statute 71-5647
Status: in_force

The Office of Rural Health is hereby created within the Department of Health and Human Services. The office shall have the following powers and duties:

(1) To assist rural residents in obtaining high quality health care which includes the following:

(a) Assist in the recruitment and retention of health care professionals to rural areas, including specifically physicians and nurses;

(b) Assist rural communities in maintaining the viability of hospital services whenever feasible or, for communities in transition, in developing alternative systems to provide equivalent quality care to their residents;

(c) Assist rural communities in planning to meet changes needed due to the changing rural economy and demographics or new technology;

(d) Assist in the development of health care networks or cooperative ventures among rural communities or health care providers;

(e) Assist in promoting or developing demonstration projects to identify and establish alternative health care systems; and

(f) Assist rural communities in developing and identifying leaders and leadership skills among their residents to enable such communities to work toward appropriate and cost-effective solutions to the health care issues that confront them;

(2) To develop a comprehensive rural health policy to serve as a guide for the development of programs of the department aimed at improving health care in rural Nebraska and a rural health action plan to guide implementation of the policy;

(3) To establish liaison with other state agency efforts in the area of rural development and human services delivery to ensure that the programs of the office are appropriately coordinated with these efforts and to encourage use of the comprehensive rural health policy by other agencies as a guide to their plans and programs affecting rural health;

(4) To develop and maintain an appropriate data system to identify present and potential rural health issues and to evaluate the effectiveness of programs and demonstration projects;

(5) To encourage and facilitate increased public awareness of issues affecting rural health care;

(6) To carry out its duties under the Rural Health Systems and Professional Incentive Act;

(7) To carry out the duties required by section 71-5206.01 ; and

(8) To carry out related duties as directed by the Department of Health and Human Services.

Laws 1990, LB 994, § 2;

Laws 1991, LB 400, § 23;

Laws 1993, LB 152, § 5;

Laws 1996, LB 1044, § 725;

Laws 1998, LB 1073, § 151;

Laws 2005, LB 301, § 52;

Laws 2007, LB296, § 623.

Rural Health Systems and Professional Incentive Act, see section 71-5650 .
Neb. Rev. Stat. § 71-6912 — NE Code / Chapter 71 / Section 71-6912
View Statute 71-6912
Status: in_force

Sections 71-6912 to 71-6917 shall be known and may be cited as the Preborn Child Protection Act.

Laws 2023, LB574, § 1.
Neb. Rev. Stat. § 71-5313 — NE Code / Chapter 71 / Section 71-5313
View Statute 71-5313
Status: in_force

Sections 71-5301 to 71-5313 shall be known and may be cited as the Nebraska Safe Drinking Water Act.

Laws 1976, LB 821, § 13;

Laws 1988, LB 383, § 10;

Laws 1997, LB 517, § 24;

Laws 2007, LB463, § 1231.
Neb. Rev. Stat. § 71-4837 — NE Code / Chapter 71 / Section 71-4837
View Statute 71-4837
Status: in_force

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Donor Registry of Nebraska established pursuant to section 71-4822 and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.

(b) A procurement organization must be allowed reasonable access to information in the records of the Donor Registry of Nebraska or any donor registry described in subsection (a) of this section to ascertain whether an individual at or near death is a donor.

(c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to determine the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. 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.

(d) Unless prohibited by law other than the Revised Uniform Anatomical Gift Act, at any time after a donor's death, the person to which a part passes under section 71-4834 may conduct any reasonable examination necessary to determine the medical suitability of the body or part for its intended purpose.

(e) Unless prohibited by law other than the act, an examination under subsection (c) or (d) of this section may include an examination of all medical and dental records of the donor or prospective donor.

(f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

(g) Upon referral by a hospital under subsection (a) of this section, a procurement organization shall make a reasonable search for any person listed in section 71-4832 having priority to make or object to the making of an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.

(h) Subject to subsection (i) of section 71-4834 and sections 23-1825 to 23-1832 , the rights of the person to which a part passes under section 71-4834 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and the act, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under section 71-4834 , upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.

(i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.

hich the part passes under section 71-4834 , upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.

(i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.

(j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.

Laws 2010, LB1036, § 14.
Neb. Rev. Stat. § 71-5320 — NE Code / Chapter 71 / Section 71-5320
View Statute 71-5320
Status: in_force

Any pledge of the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund or any part thereof or any pledge of the assets of such funds made by the department as authorized by the council shall be valid and binding from the time the pledge is made. The revenue, money, or assets so pledged and received by such funds shall immediately be subject to a lien of such pledge without any physical delivery thereof or further act, and the lien shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against such funds or the assets thereof, regardless of whether the parties have notice of the lien. Neither the action by the council, the pledge agreement executed by the department, nor any other instrument by which a pledge is created need be recorded.

Laws 1997, LB 517, § 9.
Neb. Rev. Stat. § 71-6903 — NE Code / Chapter 71 / Section 71-6903
View Statute 71-6903
Status: in_force

(1) The requirements and procedures under this section are available to pregnant women whether or not they are residents of this state.

(2) If a pregnant woman elects not to obtain the consent of her parents or guardians, a judge of a district court, separate juvenile court, or county court sitting as a juvenile court shall, upon petition or motion and after an appropriate hearing, authorize a physician to perform the abortion if the court determines by clear and convincing evidence that the pregnant woman is both sufficiently mature and well-informed to decide whether to have an abortion. If the court does not make the finding specified in this subsection or subsection (3) of this section, it shall dismiss the petition.

(3) If the court finds, by clear and convincing evidence, that there is evidence of abuse as defined in section 28-351 , sexual abuse as defined in section 28-367 , or child abuse or neglect as defined in section 28-710 of the pregnant woman by a parent or a guardian or that an abortion without the consent of a parent or a guardian is in the best interest of the pregnant woman, the court shall issue an order authorizing the pregnant woman to consent to the performance or inducement of an abortion without the consent of a parent or a guardian. If the court does not make the finding specified in this subsection or subsection (2) of this section, it shall dismiss the petition.

(4) The pregnant woman may commence an action for waiver of the consent requirement by the filing of a petition or motion personally, by mail, or by facsimile on a form provided by the State Court Administrator.

(5) The State Court Administrator shall develop the petition form and accompanying instructions on the procedure for petitioning the court for a waiver of consent, including the name, address, telephone number, and facsimile number of each court in the state. A sufficient number of petition forms and instructions shall be made available in each courthouse in such place that members of the general public may obtain a form and instructions without requesting such form and instructions from the clerk of the court or other court personnel. The State Court Administrator shall also make such forms and instructions available on a website maintained by the Supreme Court. The clerk of the court shall assist in administrative matters and filing the petition for waiver of consent.

(6) Proceedings in court pursuant to this section shall be confidential and shall ensure the anonymity of the pregnant woman. The pregnant woman shall have the right to file her petition in the court using a pseudonym or using solely her initials. Proceedings shall be held in camera. Only the pregnant woman, the pregnant woman's guardian ad litem, the pregnant woman's attorney, and a person whose presence is specifically requested by the pregnant woman or the pregnant woman's attorney may attend the hearing on the petition. All testimony, all documents, all other evidence presented to the court, the petition and any order entered, and all records of any nature and kind relating to the matter shall be maintained and sealed by the clerk of the court and shall not be open to any person except upon order of the court for good cause shown. A separate docket or the confidential index within the electronic case management system for the purposes of this section shall be maintained by the clerk of the court and shall likewise be sealed and not opened to inspection by any person except upon order of the court for good cause shown.

clerk of the court and shall not be open to any person except upon order of the court for good cause shown. A separate docket or the confidential index within the electronic case management system for the purposes of this section shall be maintained by the clerk of the court and shall likewise be sealed and not opened to inspection by any person except upon order of the court for good cause shown.

(7) A pregnant woman who is subject to this section may participate in the court proceedings on her own behalf, and the court may appoint a guardian ad litem for her. The court shall advise the pregnant woman that she has a right to court-appointed counsel and shall, upon her request, provide her with such counsel. Such counsel shall receive a fee to be fixed by the court and to be paid out of the treasury of the county in which the proceeding was held.

(8) Proceedings in court pursuant to this section shall be given such precedence on the trial docket over other pending matters so that the court may reach a decision promptly and without delay to serve the best interest of the pregnant woman. In no case shall the court fail to rule within seven calendar days from the time the petition is filed. If the court fails to rule within the required time period, the pregnant woman may file an application for a writ of mandamus with the Supreme Court. If cause for a writ of mandamus exists, the writ shall issue within three days.

(9) The court shall issue a written order which includes specific factual findings and legal conclusions supporting its decision which shall be provided immediately to the pregnant woman, the pregnant woman's guardian ad litem, the pregnant woman's attorney, and any other person designated by the pregnant woman to receive the order. Further, the court shall order that a confidential record of the evidence and the judge's findings and conclusions be maintained. At the hearing, the court shall hear evidence relating to the emotional development, maturity, intellect, and understanding of the pregnant woman.

Laws 1991, LB 425, § 3;

Laws 2011, LB690, § 7;

Laws 2018, LB193, § 88.

A petition for waiver of parental consent-which seeks authorization from the court to have an abortion without the notarized written consent of a parent or guardian of the petitioner-is limited in scope. Because of the limited scope of such an action, the district court acts as a special statutory tribunal to summarily decide the issues authorized by this section. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).

A petition for waiver of parental consent-which seeks authorization from the court to have an abortion without the notarized written consent of a parent or guardian of the petitioner-is limited in scope. Because of the limited scope of such an action, the district court acts as a special statutory tribunal to summarily decide the issues authorized by this section. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).

The obvious intent of subsection (3) of this section is to avoid requiring a pregnant woman to obtain the consent of a parent or guardian who has abused or neglected her, acts which evidence an obvious disregard of her best interests or well-being. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).

The obvious intent of subsection (3) of this section is to avoid requiring a pregnant woman to obtain the consent of a parent or guardian who has abused or neglected her, acts which evidence an obvious disregard of her best interests or well-being. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).

or well-being. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).

The obvious intent of subsection (3) of this section is to avoid requiring a pregnant woman to obtain the consent of a parent or guardian who has abused or neglected her, acts which evidence an obvious disregard of her best interests or well-being. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).

Under the "evidence of abuse . . . or child abuse or neglect" provision of subsection (3) of this section, the pregnant woman must establish that a parent or guardian, who occupies that role in relation to her at the time she files her petition for waiver of parental consent, has either abused her as defined in section 28-351 or subjected her to child abuse or neglect as defined in section 28-710. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).

Under the "evidence of abuse . . . or child abuse or neglect" provision of subsection (3) of this section, the pregnant woman must establish that a parent or guardian, who occupies that role in relation to her at the time she files her petition for waiver of parental consent, has either abused her as defined in section 28-351 or subjected her to child abuse or neglect as defined in section 28-710. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).

When the Legislature has expressly chosen a judicial forum for the resolution of issues under this section, it is not the Nebraska Supreme Court's province to rewrite this section or suggest alternate or additional procedures to be utilized in this context, unless the judicial bypass statute violates the state or federal Constitution or a federal treaty. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).

When the Legislature has expressly chosen a judicial forum for the resolution of issues under this section, it is not the Nebraska Supreme Court's province to rewrite this section or suggest alternate or additional procedures to be utilized in this context, unless the judicial bypass statute violates the state or federal Constitution or a federal treaty. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).

In a proceeding brought under section 71-6901 et seq., the burden of proof on all issues rests with the pregnant woman, and such burden must be established by clear and convincing evidence. As related to a pregnant woman's abortion decision, maturity is not solely a matter of social skills, level of intelligence, or verbal skills, but, more importantly, a matter of experience, perspective, and judgment. In re Petition of Anonymous I, 251 Neb. 424, 558 N.W.2d 784 (1997).

In a proceeding brought under section 71-6901 et seq., the burden of proof on all issues rests with the pregnant woman, and such burden must be established by clear and convincing evidence. As related to a pregnant woman's abortion decision, maturity is not solely a matter of social skills, level of intelligence, or verbal skills, but, more importantly, a matter of experience, perspective, and judgment. In re Petition of Anonymous I, 251 Neb. 424, 558 N.W.2d 784 (1997).
Neb. Rev. Stat. § 71-4728 — NE Code / Chapter 71 / Section 71-4728
View Statute 71-4728
Status: in_force

The commission shall serve as the principal state agency responsible for monitoring public policies and implementing programs which shall improve the quality and coordination of existing services for deaf or hard of hearing persons and promote the development of new services when necessary. To perform this function the commission shall:

(1) Inventory services available for meeting the problems of persons with a hearing loss and assist such persons in locating and securing such services;

(2) License interpreters and video remote interpreting providers under sections 20-150 to 20-159 and prepare and maintain a roster of licensed interpreters as defined in section 20-151 . The roster shall include the type of employment the interpreter generally engages in, the type of license held, and the expiration date of the license. Each interpreter included on the roster shall provide the commission with his or her social security number which shall be kept confidential by the commission. The roster shall be made available to local, state, and federal agencies and shall be used for referrals to private organizations and individuals seeking interpreters and video remote interpreting providers;

(3) Promote the training of interpreters and video remote interpreting providers for deaf or hard of hearing persons;

(4) Provide counseling to deaf or hard of hearing persons or refer such persons to private or governmental agencies which provide counseling services;

(5) Conduct a voluntary census of deaf or hard of hearing persons in Nebraska and compile a current registry;

(6) Promote expanded adult educational opportunities for deaf or hard of hearing persons;

(7) Serve as an agency for the collection of information concerning deaf or hard of hearing persons and for the dispensing of such information to interested persons by collecting studies, compiling bibliographies, gathering information, and conducting research with respect to the education, training, counseling, placement, and social and economic adjustment of deaf or hard of hearing persons and with respect to the causes, diagnosis, treatment, and methods of prevention of impaired hearing;

(8) Appoint advisory or special committees when appropriate for indepth investigations and study of particular problems and receive reports of findings and recommendations;

(9) Assess and monitor programs for services to deaf or hard of hearing persons and make recommendations to those state agencies providing such services regarding changes necessary to improve the quality and coordination of the services;

(10) Make recommendations to the Governor and the Legislature with respect to modification in existing services or establishment of additional services for deaf or hard of hearing persons. The recommendations submitted to the Legislature shall be submitted electronically;

(11) Promote awareness and understanding of the rights of deaf or hard of hearing persons;

(12) Promote statewide communication services for deaf or hard of hearing persons;

(13) Assist deaf or hard of hearing persons in accessing comprehensive mental health, alcoholism, and drug abuse services;

(14) Provide licensed interpreters in public and private settings for the benefit of deaf or hard of hearing persons, if private-practice licensed interpreters are not available, and establish and collect reasonable fees for such services; and

eaf or hard of hearing persons;

(13) Assist deaf or hard of hearing persons in accessing comprehensive mental health, alcoholism, and drug abuse services;

(14) Provide licensed interpreters in public and private settings for the benefit of deaf or hard of hearing persons, if private-practice licensed interpreters are not available, and establish and collect reasonable fees for such services; and

(15) Approve, conduct, and sponsor continuing education programs and other activities to assess continuing competence of licensees. The commission shall establish and charge reasonable fees for such activities. All fees collected pursuant to this section by the commission shall be remitted to the State Treasurer for credit to the Commission for the Deaf and Hard of Hearing Fund. Such fees shall be disbursed for payment of expenses related to this section.

Laws 1979, LB 101, § 9;

Laws 1981, LB 250, § 5;

Laws 1987, LB 376, § 20;

Laws 1995, LB 25, § 3;

Laws 1997, LB 851, § 18;

Laws 1999, LB 359, § 2;

Laws 2002, LB 22, § 16;

Laws 2006, LB 87, § 4;

Laws 2012, LB782, § 117;

Laws 2015, LB287, § 6.

Telecommunications Relay System Act, see section 86-301 .
Neb. Rev. Stat. § 71-7001.01 — NE Code / Chapter 71 / Section 71-7001.01
View Statute 71-7001.01
Status: in_force

The Legislature finds that private citizens and charitable organizations have donated and granted funds to the department to pay for definitive diagnostic procedures for women whose abnormal test results have been discovered through the department's program for early detection of breast and cervical cancer. The Legislature recognizes the generosity of its citizens and charitable organizations who donate their time and money to provide funds to their fellow citizens.

It is the intent of the Legislature to permit the department to obtain and expend such funds to pay for definitive diagnostic procedures for women enrolled in the program.

Laws 1995, LB 68, § 4.
Neb. Rev. Stat. § 71-4816 — NE Code / Chapter 71 / Section 71-4816
View Statute 71-4816
Status: in_force

(1) The physician responsible for the completion and signing of the portion of the certificate of death entitled medical certificate of death or, if there is no such physician, the person responsible for signing the certificate of death shall attest on the death certificate whether organ or tissue donation was considered and whether consent was granted under the protocol of the hospital.

(2) The Department of Health and Human Services shall make available the number of organ and tissue donors in Nebraska for statistical purposes.

Laws 1987, LB 74, § 3;

Laws 1996, LB 1044, § 684;

Laws 2007, LB296, § 600;

Laws 2010, LB1036, § 38.
Neb. Rev. Stat. § 71-8911 — NE Code / Chapter 71 / Section 71-8911
View Statute 71-8911
Status: in_force

Veterinary legend drug means a drug which under federal law is required, prior to being distributed, to be labeled with the following statement: "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian.".

Laws 2008, LB1022, § 11.
Neb. Rev. Stat. § 71-5722 — NE Code / Chapter 71 / Section 71-5722
View Statute 71-5722
Status: in_force

Guestroom or suite means a sleeping room and directly associated private areas, such as a bathroom, a living room, and a kitchen area, if any, rented to the public for their exclusive transient occupancy, including, but not limited to, a guestroom or suite in a hotel, motel, inn, lodge, or other such establishment.

Laws 2008, LB395, § 7.
Neb. Rev. Stat. § 71-6306 — NE Code / Chapter 71 / Section 71-6306
View Statute 71-6306
Status: in_force

(1) A license of a business entity shall expire on the first anniversary of its effective date unless it is renewed for one year as provided in this section.

(2) At least thirty days before the license expires, the department shall send to the licensee at his or her last-known address a renewal notice which states:

(a) The date on which the current license expires;

(b) The date by which the renewal application must be received by the department for the renewal to be issued and mailed before the license expires; and

(c) The amount of the renewal fee.

(3) Before the license expires, the licensee may renew it for an additional one-year period if the licensee:

(a) Is otherwise entitled to be licensed;

(b) Submits a renewal application to the department in the form required by the department; and

(c) Pays the renewal fee prescribed by the department.

Laws 1986, LB 1051, § 6;

Laws 1988, LB 1073, § 6;

Laws 2007, LB463, § 1247.
Neb. Rev. Stat. § 71-6328 — NE Code / Chapter 71 / Section 71-6328
View Statute 71-6328
Status: in_force

No state agency, county, city, village, school district, or other political subdivision shall accept a bid in connection with any abatement project from a firm which does not hold a license from the department at the time the bid is submitted.

Laws 1994, LB 1210, § 176;

Laws 1999, LB 863, § 49;

Laws 2007, LB463, § 1279.
Neb. Rev. Stat. § 71-5732 — NE Code / Chapter 71 / Section 71-5732
View Statute 71-5732
Status: in_force

(1) The Department of Health and Human Services or a local public health department as defined in section 71-1626 may institute an action in any court with jurisdiction to enjoin a violation of the Nebraska Clean Indoor Air Act. Any interested party may report possible violations of the act to such departments.

(2) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because such employee, applicant, or customer reports or attempts to report a violation of the act.

(3) The Department of Health and Human Services may waive provisions of the Nebraska Clean Indoor Air Act upon good cause shown and shall provide for appropriate protection of the public health and safety in the granting of such waivers.

Laws 2008, LB395, § 17.
Neb. Rev. Stat. § 71-5803.15 — NE Code / Chapter 71 / Section 71-5803.15
View Statute 71-5803.15
Status: in_force

Skilled nursing facility has the same meaning as in section 71-429 .

Laws 1979, LB 172, § 24;

R.S.1943, (1996), § 71-5824;

Laws 1997, LB 798, § 19;

Laws 2000, LB 819, § 120.
Neb. Rev. Stat. § 71-7450 — NE Code / Chapter 71 / Section 71-7450
View Statute 71-7450
Status: in_force

(1) Licensure activities under the Wholesale Drug Distributor Licensing Act shall be funded by license fees. An applicant for an initial or renewal license under the act shall pay a license fee as provided in this section.

(2) License fees shall include (a) a base fee of fifty dollars and (b) an additional fee of not more than five hundred dollars based on variable costs to the department of inspections and of receiving and investigating complaints, other similar direct and indirect costs, and other relevant factors as determined by the department.

(3) If the licensure application is denied, the license fee shall be returned to the applicant, except that the department may retain up to twenty-five dollars as an administrative fee and may retain the entire license fee if an inspection has been completed prior to such denial.

(4) The department shall also collect a fee for reinstatement of a license that has lapsed or has been suspended or revoked. The department shall collect a fee of ten dollars for a duplicate original license.

(5) The department shall remit all license fees collected under this section to the State Treasurer for credit to the Health and Human Services Cash Fund. License fees collected under this section shall only be used for activities related to the licensure of wholesale drug distributors, except for the transfer of funds provided for under subsection (6) of this section.

(6) The State Treasurer shall transfer three million seven hundred thousand dollars from the Health and Human Services Cash Fund to the General Fund on or before June 30, 2018, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services. It is the intent of the Legislature that the transfer to the General Fund in this subsection be from funds credited to the Wholesale Drug Distributor Licensing subfund of the Health and Human Services Cash Fund.

Laws 2006, LB 994, § 24;

Laws 2007, LB296, § 673;

Laws 2017, LB331, § 37.
Neb. Rev. Stat. § 71-7801 — NE Code / Chapter 71 / Section 71-7801
View Statute 71-7801
Status: in_force

Sections 71-7801 to 71-7807 shall be known and may be cited as the Primary Care Investment Act.

Laws 2022, LB863, § 11.
Neb. Rev. Stat. § 71-6319.14 — NE Code / Chapter 71 / Section 71-6319.14
View Statute 71-6319.14
Status: in_force

Containment means a process to protect workers and the environment by controlling exposure to the lead-contaminated dust and debris created during an abatement project.

Laws 1999, LB 863, § 16.
Neb. Rev. Stat. § 71-5202 — NE Code / Chapter 71 / Section 71-5202
View Statute 71-5202
Status: in_force

There is hereby established a statewide medical education residency program for the purpose of training resident physicians. The Dean of the College of Medicine of the University of Nebraska Medical Center shall be responsible for implementing the development and expansion of residency programs in cooperation with the medical profession, hospitals, and clinics located throughout the state. The dean and the departmental chairmen in the College of Medicine shall determine where residency education and training shall be established, giving consideration to communities in the state where the population, hospital facilities, number of physicians and interest in medical education indicate the potential success of residency education and training. The communities chosen shall be selected because they can be expected to fill requirements of the American Medical Association for participation in a residency program.

Laws 1975, LB 571, § 2.
Neb. Rev. Stat. § 71-5310 — NE Code / Chapter 71 / Section 71-5310
View Statute 71-5310
Status: in_force

(1) The director may authorize variances or exemptions from the drinking water standards issued pursuant to section 71-5302 under conditions and in such manner as deemed necessary and desirable. Prior to July 1, 2026, such variances and exemptions shall be subject to the approval of the Advisory Council on Public Water Supply. Such variances or exemptions shall be permitted under conditions and in a manner which are not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the federal Safe Drinking Water Act.

(2) Prior to granting a variance or an exemption, the director shall provide notice, in a newspaper of general circulation serving the area served by the public water system, of the proposed exemption or variance and that interested persons may request a public hearing on the proposed exemption or variance. The director may require the system to provide other appropriate notice necessary to provide adequate notice to persons served by the system.

(3) If a public hearing is requested, the director shall set a time and place for the hearing and such hearing shall be held before the department prior to the variance or exemption being issued. Frivolous and insubstantial requests for a hearing may be denied by the director. An exemption or variance shall be conditioned on monitoring, testing, analyzing, or other requirements to insure the protection of the public health. A variance or an exemption granted shall include a schedule of compliance under which the public water system is required to meet each contaminant level or treatment technique requirement for which a variance or an exemption is granted within a reasonable time as specified by the director. Prior to July 1, 2026, the director's determination shall be subject to the approval of the Advisory Council on Public Water Supply.

Laws 1976, LB 821, § 10;

Laws 1988, LB 383, § 8;

Laws 1996, LB 1044, § 717;

Laws 2001, LB 667, § 41;

Laws 2002, LB 1062, § 54;

Laws 2007, LB296, § 616;

Laws 2021, LB148, § 79;

Laws 2025, LB346, § 39.
Neb. Rev. Stat. § 71-3905 — NE Code / Chapter 71 / Section 71-3905
View Statute 71-3905
Status: in_force

It shall be unlawful for an operator, an owner of a tanning facility, or a lessee of a tanning facility to allow any person less than sixteen years of age to use tanning equipment at the tanning facility unless the person is accompanied by a parent or legal guardian. Before each use of tanning equipment by any person less than sixteen years of age, the operator, owner, or lessee shall secure a statement signed at the tanning facility by the minor's parent or legal guardian stating that the person signing the statement is the minor's parent or legal guardian, that the parent or legal guardian has read and understood the warnings given by the tanning facility, that the parent or legal guardian consents to the minor's use of tanning equipment, and that the parent or legal guardian agrees that the minor will use protective eyewear while using the tanning equipment. The operator, owner, or lessee shall require proof of age from each person before allowing the person access to tanning equipment. For purposes of this section, proof of age shall include, but not be limited to, a driver's license or other government-issued identification containing the person's date of birth and photograph or digital image.

Laws 2014, LB132, § 5.
Neb. Rev. Stat. § 71-9607 — NE Code / Chapter 71 / Section 71-9607
View Statute 71-9607
Status: in_force

If an eligible patient dies while being treated by an investigational drug, biological product, or device, the manufacturer may not seek reimbursement for any outstanding debt related to the treatment or lack of insurance due to the treatment from the eligible patient's or his or her caretaker's estate.

Laws 2018, LB117, § 7.
Neb. Rev. Stat. § 71-7459 — NE Code / Chapter 71 / Section 71-7459
71-7459
Status: in_force

(1) The department, upon issuance of a final disciplinary action against a person who violates any provision of section 71-7454 , shall assess a fine of one thousand dollars against such person. For each subsequent final disciplinary action for violation of such section issued by the department against such person, the department shall assess a fine of one thousand dollars plus one thousand dollars for each final disciplinary action for violation of such section previously issued against such person, not to exceed ten thousand dollars.

(2) The department, upon issuance of a final disciplinary action against a person who fails to provide an authorized person the right of entry provided in section 71-7453 , shall assess a fine of five hundred dollars against such person. For each subsequent final disciplinary action for such failure issued against such person, the department shall assess a fine equal to one thousand dollars times the number of such disciplinary actions, not to exceed ten thousand dollars. All fines collected under this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

Laws 1992, LB 1019, § 26;

R.S.1943, (2003), § 71-7426;

Laws 2006, LB 994, § 33.
Neb. Rev. Stat. § 71-6405 — NE Code / Chapter 71 / Section 71-6405
View Statute 71-6405
Status: in_force

(1) All state agencies, including all state constitutional offices, state administrative departments, and state boards and commissions, the University of Nebraska, and the Nebraska state colleges, shall comply with the state building code. The state building code shall be the legally applicable code in all buildings and structures owned by the state or any state agency regardless of whether the state, state agency, or applicable county, city, or village has provided for the administration or enforcement of the state building code.

(2) No state agency may adopt, promulgate, or enforce any rule or regulation in conflict with the state building code unless otherwise specifically authorized by statute to (a) adopt, promulgate, or enforce any rule or regulation in conflict with the state building code or (b) adopt or enforce a building or construction code other than the state building code.

(3) Nothing in the Building Construction Act shall authorize any state agency to apply such act to manufactured homes or recreational vehicles regulated by the Uniform Standard Code for Manufactured Homes and Recreational Vehicles or to modular housing units regulated by the Nebraska Uniform Standards for Modular Housing Units Act.

Laws 1987, LB 227, § 5;

Laws 1993, LB 319, § 3;

Laws 1996, LB 1304, § 5;

Laws 2003, LB 643, § 2;

Laws 2010, LB799, § 3;

Laws 2011, LB546, § 2;

Laws 2012, LB1001, § 1;

Laws 2017, LB590, § 2;

Laws 2021, LB131, § 22.

Nebraska Uniform Standards for Modular Housing Units Act, see section 71-1555 .

Uniform Standard Code for Manufactured Homes and Recreational Vehicles, see section 71-4601 .
Neb. Rev. Stat. § 71-6210 — NE Code / Chapter 71 / Section 71-6210
View Statute 71-6210
Status: in_force

Health profession shall mean a vocation involving health services, health-related services, or environmental services requiring specialized knowledge and training. Health profession does not include the vocation of duly recognized members of the clergy acting in their ministerial capacity.

Laws 1985, LB 407, § 10;

Laws 2012, LB834, § 10.
Neb. Rev. Stat. § 71-8229 — NE Code / Chapter 71 / Section 71-8229
View Statute 71-8229
Status: in_force

Rehabilitative services means a system or collection of comprehensive medical and therapy services that are interdisciplinary, coordinated, and resource-intense with the goal of restoring physical, cognitive, psychological, social, and vocational functioning so that an individual can return to home, work, or society, becoming a productive participant in his or her community.

Laws 1997, LB 626, § 29;

Laws 2015, LB46, § 7.
Neb. Rev. Stat. § 71-8713 — NE Code / Chapter 71 / Section 71-8713
View Statute 71-8713
Status: in_force

The prohibition in the Patient Safety Improvement Act against discovery, disclosure, or admission into evidence of patient safety work product is in addition to any other protections provided by law.

Laws 2005, LB 361, § 13.
Neb. Rev. Stat. § 71-4102 — NE Code / Chapter 71 / Section 71-4102
View Statute 71-4102
Status: in_force

For purposes of the Down Syndrome Diagnosis Information and Support Act:

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

(2) Down syndrome means a chromosomal condition caused by cell division that results in the presence of an extra whole or partial copy of chromosome 21;

(3) Down syndrome organization means any national, state, or local nonprofit organization primarily involved in providing advocacy, support, and education to individuals with Down syndrome and their parents;

(4) Health care practitioner means any person who is credentialed under the Uniform Credentialing Act to provide health or medical care in the ordinary course of business or practice of a profession, including a genetic counselor; and

(5) Parents means (a) expectant parents of a child who receive a test result from a prenatal screening or diagnostic test that indicates a high likelihood or the definite presence of Down syndrome, (b) parents of a child postnatally diagnosed with Down syndrome, and (c) a legal guardian of a child diagnosed with Down syndrome.

Laws 2016, LB891, § 2.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-4411 — NE Code / Chapter 71 / Section 71-4411
View Statute 71-4411
Status: in_force

Impoundment fees shall be paid by the owner. Fees for impoundment at public facilities shall be established by the rabies control authority.

Laws 1969, c. 445, § 11, p. 1488.
Neb. Rev. Stat. § 71-8920 — NE Code / Chapter 71 / Section 71-8920
View Statute 71-8920
Status: in_force

(1) Except as otherwise provided in section 71-8915 , each veterinary drug distributor transacting commerce in this state shall be inspected by the department prior to the issuance of an initial or renewal license by the department under the Veterinary Drug Distribution Licensing Act.

(2) The department may provide in rules and regulations for the inspection of any veterinary drug distributor licensed in this state in such manner and at such times as the department determines. As part of any such inspection, the department may require an analysis of suspected veterinary legend drugs to determine authenticity.

(3) For applicants not located in this state, the department may accept an inspection which was accepted for licensure by another state in which the applicant is licensed or by a nationally-recognized accreditation program in lieu of an inspection by the department under this section.

(4) The department may establish and collect fees for inspection activities conducted under this section. Such fees shall not exceed the department's actual cost for such inspection activities.

(5) The department may adopt and promulgate rules and regulations which permit the use of alternative methods for assessing a licensee's compliance with the Veterinary Drug Distribution Licensing Act and the rules and regulations adopted and promulgated under the act.

Laws 2008, LB1022, § 20.
Neb. Rev. Stat. § 71-8220.01 — NE Code / Chapter 71 / Section 71-8220.01
71-8220.01
Status: in_force

Intermediate level rehabilitation center means a rehabilitation center which provides rehabilitative services to individuals with musculoskeletal trauma, peripheral nerve lesions, lower extremity amputations, and other diagnoses resulting in functional impairment in one or more functional areas, with moderate to severe impairment or complexity.

Laws 1997, LB 626, § 6;

R.S.1943, (2009), § 71-8206;

Laws 2015, LB46, § 6.
Neb. Rev. Stat. § 71-5653 — NE Code / Chapter 71 / Section 71-5653
View Statute 71-5653
Status: in_force

For purposes of the Rural Health Systems and Professional Incentive Act:

(1) Approved medical specialty means family practice, general practice, general internal medicine, general pediatrics, general surgery, obstetrics/gynecology, and psychiatry;

(2) Approved dental specialty means general practice, pediatric dentistry, and oral surgery;

(3) Approved mental health practice program means an approved educational program consisting of a master's or doctorate degree with the focus being primarily therapeutic mental health and meeting the educational requirements for licensure in mental health practice or psychology by the department;

(4) Commission means the Nebraska Rural Health Advisory Commission;

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

(6) Doctorate-level mental health student means a graduate student enrolled in or accepted for enrollment in an approved mental health practice program leading to a doctorate degree and meeting the educational requirements for licensure in psychology by the department;

(7) Full-time practice means a minimum of forty hours per week;

(8) Health care means both somatic and mental health care services;

(9) Master's level mental health student means a graduate student enrolled in or accepted for enrollment in an approved mental health practice program leading to a master's degree and meeting the educational requirements for licensure in mental health practice by the department;

(10) Office means the Office of Rural Health;

(11) Part-time practice means less than full-time practice but at least twenty hours per week;

(12) Qualified educational debts means government and commercial student-loan loans obtained by students for postsecondary education tuition, other educational expenses, and reasonable living expenses, as determined by the department, but does not include loans received under the act; and

(13) Rural means located within any county in Nebraska having a population of less than fifteen thousand inhabitants and not included within a metropolitan statistical area as defined by the United States Department of Commerce, Bureau of the Census.

Laws 1991, LB 400, § 4;

Laws 1992, LB 573, § 10;

Laws 1994, LB 1223, § 56;

Laws 1996, LB 1044, § 727;

Laws 1996, LB 1155, § 48;

Laws 1998, LB 1073, § 153;

Laws 2000, LB 1115, § 80;

Laws 2004, LB 1005, § 101;

Laws 2005, LB 301, § 54;

Laws 2007, LB296, § 625;

Laws 2015, LB196, § 3.
Neb. Rev. Stat. § 71-5652 — NE Code / Chapter 71 / Section 71-5652
View Statute 71-5652
Status: in_force

The purposes of the Rural Health Systems and Professional Incentive Act are to (1) create the Nebraska Rural Health Advisory Commission and establish its powers and duties, (2) establish a student loan program that will provide financial incentives to medical, dental, master's level and doctorate-level mental health, and physician assistant students who agree to practice their profession in a designated health profession shortage area within Nebraska, (3) establish a loan repayment program that will provide financial incentives to medical residents who agree to practice their profession in a designated health profession shortage area within Nebraska, and (4) establish a loan repayment program that will require community matching funds and will provide financial incentives to eligible health professionals who agree to practice their profession in a designated health profession shortage area within Nebraska.

Laws 1991, LB 400, § 3;

Laws 1994, LB 1223, § 55;

Laws 1996, LB 1155, § 47;

Laws 2000, LB 1115, § 79;

Laws 2004, LB 1005, § 100;

Laws 2015, LB196, § 2.
Neb. Rev. Stat. § 71-9510 — NE Code / Chapter 71 / Section 71-9510
View Statute 71-9510
Status: in_force

Subject to the restrictions established in the Direct Primary Care Agreement Act, a direct provider may accept payment of direct service charges directly or indirectly from the medical assistance program under the Medical Assistance Act or any entity contracting with the State of Nebraska to provide managed care in the medical assistance program subject to any necessary approval from the federal Centers for Medicare and Medicaid Services.

Laws 2016, LB817, § 10.

Medical Assistance Act, see section 68-901 .
Neb. Rev. Stat. § 71-6316 — NE Code / Chapter 71 / Section 71-6316
View Statute 71-6316
Status: in_force

The Asbestos Control Act shall not apply to a district as defined in section 70-601 or a district subject to sections 14-2101 to 14-2157 .

Laws 1988, LB 1073, § 17;

Laws 1992, LB 746, § 74.
Neb. Rev. Stat. § 71-4604 — NE Code / Chapter 71 / Section 71-4604
View Statute 71-4604
Status: in_force

(1) All body and frame design and construction and all plumbing, heating, and electrical systems installed in manufactured homes or recreational vehicles manufactured, sold, offered for sale, or leased in this state more than four months after May 27, 1975, and before May 1, 1998, shall comply with the standards of the state agency responsible for regulation of manufactured homes or recreational vehicles as such standards existed on the date of manufacture.

(2) All body and frame design and construction and all plumbing, heating, and electrical systems installed in manufactured homes or recreational vehicles manufactured, sold, offered for sale, or leased in this state on or after May 1, 1998, shall be at least equal to the standards adopted and approved by the commission pursuant to its rules and regulations as such standards existed on the date of manufacture. The standards pertaining to manufactured homes shall conform to the Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280, and the Manufactured Home Procedural and Enforcement Regulations, 24 C.F.R. 3282, adopted by the United States Department of Housing and Urban Development pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. 5401 et seq. Manufactured homes and recreational vehicles destined for sale outside the United States shall be exempt from such regulations if sufficient proof of such delivery is submitted to the commission for review. The standards pertaining to recreational vehicles shall (a) protect the health and safety of persons living in recreational vehicles, (b) assure reciprocity with other states that have adopted standards which protect the health and safety of persons living in recreational vehicles the purpose of which is to make uniform the law of those states which adopt them, and (c) allow variations from such uniform standards as will reduce unnecessary costs of construction or increase safety, durability, or efficiency, including energy efficiency, of the recreational vehicle without jeopardizing such reciprocity.

Laws 1969, c. 557, § 4, p. 2273;

Laws 1971, LB 654, § 1;

Laws 1975, LB 300, § 4;

Laws 1985, LB 313, § 8;

Laws 1993, LB 536, § 87;

Laws 1996, LB 1044, § 676;

Laws 1998, LB 1073, § 129;

Laws 2008, LB797, § 14.
Neb. Rev. Stat. § 71-5865 — NE Code / Chapter 71 / Section 71-5865
View Statute 71-5865
Status: in_force

In an appeal of a decision to deny a certificate of need, the person requesting the appeal shall bear the burden of proving that the project meets the applicable criteria established in sections 71-5829.03 to 71-5829.06 .

Laws 1979, LB 172, § 65;

Laws 1982, LB 378, § 51;

Laws 1989, LB 429, § 36;

Laws 1997, LB 798, § 33;

Laws 2009, LB195, § 87.

In an appeal from a decision granting a certificate of need, the party appealing bears the burden of proof that the application does not meet the applicable criteria. Department of Health v. Lutheran Hosp. & Homes Inc., 227 Neb. 116, 416 N.W.2d 222 (1987).

In an appeal from a decision granting a certificate of need, the party appealing bears the burden of proof that the application does not meet the applicable criteria. Department of Health v. Lutheran Hosp. & Homes Inc., 227 Neb. 116, 416 N.W.2d 222 (1987).

In an appeal of a decision to grant a certificate of need, the party appealing that decision shall bear the burden of proof that the application does not meet the applicable criteria. Department of Health v. Grand Island Health Care, 223 Neb. 587, 391 N.W.2d 582 (1986).

In an appeal of a decision to grant a certificate of need, the party appealing that decision shall bear the burden of proof that the application does not meet the applicable criteria. Department of Health v. Grand Island Health Care, 223 Neb. 587, 391 N.W.2d 582 (1986).