71-1,100.  Transferred to section 71-1306.
71-1,102.  Transferred to section 38-2024.
71-1,103.  Transferred to section 38-2025.
71-1,104.01.  Transferred to section 71-551.
71-1,104.  Transferred to section 38-2026.
71-1,105.  Transferred to section 38-2004.
71-1,107.01.  Transferred to section 38-2002.
71-1,107.03.  Transferred to section 38-2038.
71-1,107.06.  Transferred to section 38-2042.
71-1,107.07.  Transferred to section 38-2039.
71-1,107.08.  Transferred to section 38-2040.
71-1,107.09.  Transferred to section 38-2041.
71-1,107.11.  Transferred to section 38-2043.
71-1,107.13.  Transferred to section 38-2044.
71-1,107.14.  Transferred to section 38-2045.
71-1,107.15.  Transferred to section 38-2046.
71-1,107.16.  Transferred to section 38-2014.
71-1,107.17.  Transferred to section 38-2047.
71-1,107.18.  Transferred to section 38-2048.
71-1,107.19.  Transferred to section 38-2049.
71-1,107.20.  Transferred to section 38-2050.
71-1,107.21.  Transferred to section 38-2052.
71-1,107.23.  Transferred to section 38-2051.
71-1,107.25.  Transferred to section 38-2056.
71-1,107.28.  Transferred to section 38-2053.
71-1,107.29.  Transferred to section 38-2054.
71-1,107.30.  Transferred to section 38-2055.
71-1,132.01.  Transferred to section 38-2201.
71-1,132.02.  Act, expired.
71-1,132.03.  Act, expired.
71-1,132.04.  Transferred to section 38-2217.
71-1,132.06.  Transferred to section 38-2218.
71-1,132.07.  Transferred to section 38-2213.
71-1,132.08.  Transferred to section 38-2214.
71-1,132.11.  Transferred to section 38-2216.
71-1,132.13.  Transferred to section 38-2220.
71-1,132.14.  Transferred to section 38-2222.
71-1,132.15.  Transferred to section 38-2223.
71-1,132.16.  Transferred to section 38-2225.
71-1,132.17.  Transferred to section 38-2228.
71-1,132.18.  Transferred to section 38-2229.
71-1,132.19.  Transferred to section 38-2224.
71-1,132.24.  Transferred to section 38-2232.
71-1,132.25.  Transferred to section 38-2233.
71-1,132.26.  Transferred to section 38-2234.
71-1,132.27.  Transferred to section 38-2235.
71-1,132.28.  Transferred to section 38-2236.
71-1,132.30.  Transferred to section 38-2219.
71-1,132.31.  Transferred to section 38-2215.
71-1,132.37.  Transferred to section 38-2221.
71-1,132.38.  Transferred to section 38-2231.
71-1,132.41.  Transferred to section 38-2230.
71-1,133.  Transferred to section 38-2605.
71-1,134.  Transferred to section 38-2607.
71-1,135.01.  Transferred to section 38-2604.
71-1,135.02.  Transferred to section 38-2613.
71-1,135.04.  Transferred to section 38-2610.
71-1,135.06.  Transferred to section 38-2617.
71-1,135.07.  Transferred to section 38-2618.
71-1,135.  Transferred to section 38-2608.
71-1,136.01.  Transferred to section 38-2611.
71-1,136.04.  Transferred to section 38-2619.
71-1,136.05.  Transferred to section 38-2620.
71-1,136.06.  Transferred to section 38-2621.
71-1,136.07.  Transferred to section 38-2622.
71-1,136.08.  Transferred to section 38-2623.
71-1,136.  Transferred to section 38-2616.
71-1,137.  Transferred to section 38-2029.
71-1,138.  Transferred to section 38-2030.
71-1,139.01.  Transferred to section 38-2032.
71-1,139.  Transferred to section 38-2031.
71-1,140.  Transferred to section 38-2005.
71-1,141.  Transferred to section 38-2033.
71-1,143.01.  Transferred to section 38-2851.
71-1,143.02.  Transferred to section 38-2853.
71-1,143.03.  Transferred to section 38-2866.
71-1,143.  Transferred to section 38-2850.
71-1,144.  Transferred to section 38-2854.
71-1,145.01.  Transferred to section 71-1,143.02.
71-1,145.  Transferred to section 71-1,143.01.
71-1,146.01.  Transferred to section 38-2870.
71-1,146.02.  Transferred to section 38-2871.
71-1,146.  Transferred to section 38-2804.
71-1,147.13.  Transferred to section 38-28,103.
71-1,147.18.  Transferred to section 38-2846.
71-1,147.19.  Transferred to section 38-2824.
71-1,147.20.  Transferred to section 38-2803.
71-1,147.21.  Transferred to section 38-2805.
71-1,147.22.  Transferred to section 38-2855.
71-1,147.23.  Transferred to section 38-2856.
71-1,147.24.  Transferred to section 38-2857.
71-1,147.25.  Transferred to section 38-2858.
71-1,147.26.  Transferred to section 38-2859.
71-1,147.27.  Transferred to section 38-2860.
71-1,147.28.  Transferred to section 38-2861.
71-1,147.29.  Transferred to section 38-2862.
71-1,147.30.  Transferred to section 38-2863.
71-1,147.31.  Transferred to section 38-2864.
71-1,147.32.  Transferred to section 38-2865.
71-1,147.35.  Transferred to section 38-2869.
71-1,147.36.  Transferred to section 38-2868.
71-1,147.42.  Transferred to section 38-2875.
71-1,147.43.  Transferred to section 38-2876.
71-1,147.44.  Transferred to section 38-2877.
71-1,147.45.  Transferred to section 38-2878.
71-1,147.46.  Transferred to section 38-2879.
71-1,147.47.  Transferred to section 38-2880.
71-1,147.48.  Transferred to section 38-2881.
71-1,147.50.  Transferred to section 38-2882.
71-1,147.52.  Transferred to section 38-2883.
71-1,147.53.  Transferred to section 38-2884.
71-1,147.54.  Transferred to section 38-2885.
71-1,147.55.  Transferred to section 38-2886.
71-1,147.56.  Transferred to section 38-2887.
71-1,147.57.  Transferred to section 38-2888.
71-1,147.59.  Transferred to section 38-2889.
71-1,147.62.  Transferred to section 38-2872.
71-1,147.63.  Transferred to section 38-2873.
71-1,147.64.  Transferred to section 38-2874.
71-1,147.65.  Transferred to section 38-2890.
71-1,147.66.  Transferred to section 38-2891.
71-1,147.67.  Transferred to section 38-2892.
71-1,147.68.  Transferred to section 38-2893.
71-1,147.69.  Transferred to section 38-2894.
71-1,147.70.  Transferred to section 38-2895.
71-1,147.71.  Transferred to section 38-2896.
71-1,147.72.  Transferred to section 38-2897.
71-1,147.  Transferred to section 38-2867.
71-1,148.  Transferred to section 38-2899.
71-1,149.  Transferred to section 38-28,100.
71-1,152.01.  Transferred to section 38-3320.
71-1,153.  Transferred to section 38-3301.
71-1,155.  Transferred to section 38-3321.
71-1,157.  Transferred to section 38-3323.
71-1,158.  Transferred to section 38-3322.
71-1,163.  Transferred to section 38-3324.
71-1,164.  Transferred to section 38-3330.
71-1,165.  Transferred to section 38-3325.
71-1,166.  Transferred to section 38-3326.
71-1,186.  Transferred to section 38-502.
71-1,187.  Transferred to section 38-511.
71-1,188.  Transferred to section 38-513.
71-1,189.  Transferred to section 38-514.
71-1,190.  Transferred to section 38-515.
71-1,194.  Transferred to section 38-518.
71-1,195.01.  Transferred to section 38-519.
71-1,195.02.  Transferred to section 38-520.
71-1,195.04.  Transferred to section 38-521.
71-1,195.05.  Transferred to section 38-522.
71-1,195.06.  Transferred to section 38-523.
71-1,195.07.  Transferred to section 38-524.
71-1,195.08.  Transferred to section 38-525.
71-1,195.09.  Transferred to section 38-526.
71-1,196.  Transferred to section 38-512.
71-1,199.  Transferred to section 38-1,129.
71-1,200.  Transferred to section 38-1,130.
71-1,201.  Transferred to section 38-1,133.
71-1,202.  Transferred to section 38-1,134.
71-1,204.  Transferred to section 38-1,135.
71-1,205.  Transferred to section 38-1,136.
71-1,206.01.  Transferred to section 38-3102.
71-1,206.02.  Transferred to section 38-3103.
71-1,206.03.  Transferred to section 38-3104.
71-1,206.04.  Transferred to section 38-3105.
71-1,206.06.  Transferred to section 38-3106.
71-1,206.07.  Transferred to section 38-3107.
71-1,206.08.  Transferred to section 38-3108.
71-1,206.09.  Transferred to section 38-3109.
71-1,206.10.  Transferred to section 38-3110.
71-1,206.14.  Transferred to section 38-3111.
71-1,206.15.  Transferred to section 38-3114.
71-1,206.16.  Transferred to section 38-3115.
71-1,206.18.  Transferred to section 38-3116.
71-1,206.20.  Transferred to section 38-3117.
71-1,206.21.  Transferred to section 38-3118.
71-1,206.22.  Transferred to section 38-3119.
71-1,206.23.  Transferred to section 38-3120.
71-1,206.24.  Transferred to section 38-3128.
71-1,206.25.  Transferred to section 38-3113.
71-1,206.26.  Transferred to section 38-3129.
71-1,206.27.  Transferred to section 38-3130.
71-1,206.29.  Transferred to section 38-3131.
71-1,206.30.  Transferred to section 38-3132.
71-1,206.32.  Transferred to section 38-3122.
71-1,206.33.  Transferred to section 38-3123.
71-1,206.34.  Transferred to section 38-3124.
71-1,206.35.  Transferred to section 38-3125.
71-1,208.  Transferred to section 71-1,206.11.
71-1,209.  Transferred to section 71-1,206.12.
71-1,210.  Transferred to section 71-1,206.13.
71-1,220.  Transferred to section 71-1,206.28.
71-1,227.  Transferred to section 38-3206.
71-1,229.  Transferred to section 38-3214.
71-1,230.  Transferred to section 38-3215.
71-1,231.  Transferred to section 38-3209.
71-1,233.  Transferred to section 38-3210.
71-1,235.  Transferred to section 38-3208.
71-1,236.  Transferred to section 38-3216.
71-1,238.  Transferred to section 38-402.
71-1,239.01.  Transferred to section 38-410.
71-1,240.  Transferred to section 38-409.
71-1,241.  Transferred to section 38-411.
71-1,248.  Transferred to section 71-1,311.
71-1,249.  Transferred to section 71-1,300.
71-1,250.  Transferred to section 71-1,303.
71-1,251.  Transferred to section 71-1,301.
71-1,252.  Transferred to section 71-1,304.
71-1,255.  Transferred to section 71-1,297.
71-1,256.  Transferred to section 71-1,318.
71-1,258.  Transferred to section 71-1,319.
71-1,260.  Transferred to section 71-1,320.
71-1,261.  Transferred to section 71-1,321.
71-1,263.  Transferred to section 71-1,322.
71-1,264.  Transferred to section 71-1,323.
71-1,266.  Transferred to section 71-1,310.
71-1,267.  Transferred to section 71-1,324.
71-1,269.  Transferred to section 71-1,325.
71-1,270.  Transferred to section 71-1,333.
71-1,273.  Transferred to section 71-1,326.
71-1,275.  Transferred to section 71-1,327.
71-1,277.  Transferred to section 71-1,328.
71-1,278.  Transferred to section 38-1702.
71-1,279.  Transferred to section 38-1708.
71-1,280.  Transferred to section 38-1709.
71-1,281.01.  Transferred to section 38-1711.
71-1,281.  Transferred to section 38-1710.
71-1,285.  Transferred to section 38-1802.
71-1,286.  Transferred to section 38-1803.
71-1,287.  Transferred to section 38-1812.
71-1,289.  Transferred to section 38-1813.
71-1,293.  Transferred to section 38-1816.
71-1,295.  Transferred to section 38-2102.
71-1,296.  Transferred to section 38-2103.
71-1,297.  Transferred to section 38-2104.
71-1,298.  Transferred to section 38-2105.
71-1,299.  Transferred to section 38-2106.
71-1,300.  Transferred to section 38-2107.
71-1,301.  Transferred to section 38-2108.
71-1,302.  Transferred to section 38-2109.
71-1,303.  Transferred to section 38-2110.
71-1,304.  Transferred to section 38-2111.
71-1,305.01.  Transferred to section 38-2113.
71-1,305.  Transferred to section 38-2112.
71-1,306.  Transferred to section 38-2114.
71-1,307.  Transferred to section 38-2115.
71-1,308.  Transferred to section 38-2116.
71-1,309.  Transferred to section 38-2117.
71-1,310.  Transferred to section 38-2118.
71-1,311.  Transferred to section 38-2119.
71-1,312.  Transferred to section 38-2121.
71-1,314.01.  Transferred to section 38-2123.
71-1,314.02.  Transferred to section 38-2124.
71-1,314.  Transferred to section 38-2122.
71-1,317.  Transferred to section 38-2126.
71-1,318.  Transferred to section 38-2127.
71-1,319.01.  Transferred to section 38-2129.
71-1,319.  Transferred to section 38-2128.
71-1,323.  Transferred to section 38-2131.
71-1,325.  Transferred to section 38-2132.
71-1,329.  Transferred to section 38-2133.
71-1,332.  Transferred to section 38-2134.
71-1,335.  Transferred to section 38-2136.
71-1,336.  Transferred to section 38-2137.
71-1,337.  Transferred to section 38-2138.
71-1,339.  Transferred to section 38-1,137.
71-1,343.  Transferred to section 38-128.
71-1,344.  Transferred to section 38-2006.
71-1,345.  Transferred to section 38-2057.
71-1,346.  Transferred to section 38-2058.
71-1,347.  Transferred to section 38-2059.
71-1,348.  Transferred to section 38-2060.
71-1,351.  Transferred to section 38-302.
71-1,352.  Transferred to section 38-311.
71-1,353.  Transferred to section 38-312.
71-1,354.  Transferred to section 38-313.
71-1,355.  Transferred to section 38-314.
71-1,356.  Transferred to section 38-315.
71-1,357.  Transferred to section 38-316.
71-1,358.  Transferred to section 38-317.
71-1,359.  Transferred to section 38-318.
71-1,361.  Transferred to section 38-321.
71-1,362.  Transferred to section 38-2901.
71-1,363.  Transferred to section 38-2902.
71-1,364.  Transferred to section 38-2903.
71-1,365.  Transferred to section 38-2904.
71-1,366.  Transferred to section 38-2905.
71-1,368.  Transferred to section 38-2906.
71-1,369.  Transferred to section 38-2907.
71-1,370.  Transferred to section 38-2908.
71-1,371.  Transferred to section 38-2909.
71-1,372.  Transferred to section 38-2910.
71-1,373.  Transferred to section 38-2911.
71-1,374.  Transferred to section 38-2912.
71-1,375.  Transferred to section 38-2913.
71-1,376.  Transferred to section 38-2914.
71-1,377.  Transferred to section 38-2915.
71-1,378.  Transferred to section 38-2916.
71-1,379.  Transferred to section 38-2917.
71-1,380.  Transferred to section 38-2918.
71-1,381.  Transferred to section 38-2919.
71-1,382.  Transferred to section 38-2920.
71-1,383.  Transferred to section 38-2921.
71-1,384.  Transferred to section 38-2922.
71-1,385.  Transferred to section 38-2927.
71-1,386.  Transferred to section 38-2928.
71-1,387.  Transferred to section 38-2929.
71-1,388.  Transferred to section 38-2926.
71-1,390.  Transferred to section 38-2701.
71-1,391.  Transferred to section 38-2702.
71-1,392.  Transferred to section 38-2703.
71-1,393.  Transferred to section 38-2704.
71-1,394.  Transferred to section 38-2705.
71-1,395.  Transferred to section 38-2706.
71-1,396.  Transferred to section 38-2707.
71-1,398.  Transferred to section 38-2709.
71-1,399.  Transferred to section 38-2710.
71-1,400.  Transferred to section 38-2711.
71-1,401.  Transferred to section 38-2712.
71-1001.  State Anatomical Board; members; powers and duties; State Anatomical Board Cash Fund; created; use; investment.(1) The heads of the anatomy departments of the medical schools and colleges of this state, one professor of anatomy appointed by the head of the anatomy department from each medical school or college of this state, one professor of anatomy appointed from each dental school or college of this state, and one layperson appointed by the Department of Health and Human Services shall constitute the State Anatomical Board of the State of Nebraska for the distribution, delivery, and use of certain dead human bodies, described in section 71-4834, to and among such schools, colleges, and persons as are entitled thereto under such section.(2) The board shall have power to (a) establish rules and regulations for its government and for the collection, storage, and distribution of dead human bodies for anatomical purposes and (b) appoint and remove its officers and agents.(3) The board shall keep minutes of its meetings and shall cause a record to be kept of all of its transactions, of bodies received and distributed by it, and of the school, college, or person receiving every such body. The records of the board shall be open at all times to the inspection of each member of the board and to every county attorney within this state.(4) There is hereby created the State Anatomical Board Cash Fund. The fund shall be under the University of Nebraska Medical Center for accounting and budgeting purposes only. The fund shall consist of revenue collected by the State Anatomical Board and shall only be used to pay for costs of operating the board. 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.Source   Laws 1929, c. 158,  1, p. 551;   C.S.1929,  71-2801;   R.S.1943,  71-1001;   Laws 1969, c. 570,  1, p. 2314;  Laws 1978, LB 583,  1;  Laws 1979, LB 98,  2;  Laws 1992, LB 860,  2;  Laws 1996, LB 1044,  556;  Laws 2007, LB296,  464;  Laws 2017, LB331,  36;  Laws 2019, LB559,  1.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-1003.  Board; dead human bodies; distribution.The State Anatomical Board, or its duly authorized officers or agents, may take and receive dead bodies as provided in section 71-4834. The board shall distribute the bodies among the medical, chiropractic, osteopathic, and dental schools and colleges, and physicians and surgeons designated by the board, under such rules and regulations as may be adopted and promulgated by it. The number of bodies so distributed to such schools and colleges shall be in proportion to the number of students matriculated in the first-year work of such schools and colleges. If there are more bodies than are required by such schools and colleges, the board, or its duly authorized officers, may, from time to time, designate physicians and surgeons to receive such bodies, and the number of bodies they may receive, if such physicians and surgeons have complied with all rules and regulations which the board may adopt and promulgate for such disposition. All expenses incurred by the board in receiving, caring for, and delivering any such body shall be paid by those receiving such body.Source   Laws 1929, c. 158,  3, p. 552;   C.S.1929,  71-2803;   R.S.1943,  71-1003;  Laws 1971, LB 268,  2;  Laws 2019, LB559,  2.  Cross References  Board of Funeral Directing and Embalming, distribution to and use by, see section 38-1417.
71-1004.  Board; dead human bodies; transportation.The State Anatomical Board may employ a carrier or carriers for the transportation of bodies, referred to in sections 71-1001 to 71-1007, and may transport such bodies, or order them to be transported, under such rules and regulations as it may adopt and promulgate.Source   Laws 1929, c. 158,  4, p. 553;   C.S.1929,  71-2804;   R.S.1943,  71-1004;  Laws 2019, LB559,  3.  
71-1007.  Board; purpose.The purpose of the State Anatomical Board is to:(1) Provide for the orderly receipt, maintenance, distribution, and use of human bodies used for medical education and research;(2) Ensure that proper and considerate care is given to human bodies used for medical education and research; and(3) Ensure that an orderly and equitable procedure is used for the allocation of human bodies to colleges and universities in Nebraska which provide medical education and research.Source  Laws 1979, LB 98,  1;  Laws 2019, LB559,  4.  
71-101.  Transferred to section 38-101.
71-102.  Transferred to section 38-121.
71-103.  Transferred to section 38-129.
71-104.01.  Transferred to section 38-131.
71-105.  Transferred to section 38-122.
71-107.  Transferred to section 38-124.
71-108.  Transferred to section 38-130.
71-110.01.  Transferred to section 38-143.
71-110.  Transferred to section 38-142.
71-1101.  Act, how cited.Sections 71-1101 to 71-1134 shall be known and may be cited as the Developmental Disabilities Court-Ordered Custody Act.Source  Laws 2005, LB 206,  1;  Laws 2013, LB23,  29. 
71-1102.  Public policy.The Legislature recognizes the right of all persons, including individuals with developmental disabilities, to enjoy personal liberty and freedom. It is the public policy of the State of Nebraska to encourage persons with developmental disabilities to voluntarily choose their own services. It is also the public policy of the State of Nebraska to use guardians, preferably family members, to make and support service and placement decisions when a person with developmental disabilities is determined by a court to be incompetent, but there are instances in which the threat of harm to other persons in society is sufficient that a court should balance the rights of such person with the interests of society and place care and custody of such person with the State of Nebraska for appropriate treatment and services.Source Laws 2005, LB 206,  2. 
71-1103.  Purpose of act.The purpose of the Developmental Disabilities Court-Ordered Custody Act is to provide a procedure for court-ordered custody and treatment for a person with developmental disabilities when he or she poses a threat of harm to others.Source Laws 2005, LB 206,  3. 
71-1104.  Definitions, where found.For purposes of the Developmental Disabilities Court-Ordered Custody Act, the definitions in sections 71-1105 to 71-1116 apply.Source  Laws 2005, LB 206,  4;  Laws 2013, LB23,  30. 
71-1105.  Court, defined.Court means the district court in which a petition is filed pursuant to the Developmental Disabilities Court-Ordered Custody Act.Source Laws 2005, LB 206,  5. 
71-1106.  Department, defined.Department means the Department of Health and Human Services.Source Laws 2005, LB 206,  6. 
71-1107.  Developmental disability, defined.Developmental disability means a severe, chronic disability, including an intellectual disability, other than mental illness, which:(1) Is attributable to a mental or physical impairment unless the impairment is solely attributable to a severe emotional disturbance or persistent mental illness;(2) Is manifested before the age of twenty-two years;(3) Is likely to continue indefinitely;(4) Results in substantial functional limitations in one of each of the following areas of adaptive functioning:(a) Conceptual skills, including language, literacy, money, time, number concepts, and self-direction;(b) Social skills, including interpersonal skills, social responsibility, self-esteem, gullibility, wariness, social problem solving, and the ability to follow laws and rules and to avoid being victimized; and(c) Practical skills, including activities of daily living, personal care, occupational skills, health care, mobility, and the capacity for independent living; and(5) Reflects the individuals need for a combination and sequence of special, interdisciplinary, or generic services, individualized support, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.An individual from birth through the age of nine years who has a substantial developmental delay or specific congenital or acquired condition may be considered to have a developmental disability without manifesting substantial functional limitations in three or more of the areas of adaptive functioning described in subdivision (4) of this section if the individual, without services and support, has a high probability of manifesting such limitations in such areas later in life.Source  Laws 2005, LB 206,  7;  Laws 2013, LB23,  31;  Laws 2017, LB333,  1.  
71-1108.01.  Intellectual disability, defined.Intellectual disability means significantly subaverage general intellectual functioning which is associated with significant impairments in adaptive functioning manifested before the age of twenty-two years. Significant subaverage general intellectual functioning shall refer to a score of seventy or below on a properly administered and valid intelligence quotient test.Source  Laws 2005, LB 206,  10;   R.S.1943, (2009),  71-1110;  Laws 2013, LB23,  32;  Laws 2016, LB1039,  1;  Laws 2017, LB333,  2.  
71-1108.  Independent mental health professional, defined.Independent mental health professional means a psychiatrist or psychologist with expertise in treating persons with developmental disabilities who has not previously been involved in the treatment of the subject in a significant way.Source Laws 2005, LB 206,  8. 
71-1109.  Least restrictive alternative, defined.Least restrictive alternative means a placement and services provided in a manner no more restrictive of a subject's liberty and no more intrusive than necessary to provide appropriate treatment and protect society.Source Laws 2005, LB 206,  9. 
71-111.  Transferred to section 38-158.
71-1110.  Transferred to section 71-1108.01.
71-1111.  Petitioner, defined.Petitioner means the Attorney General or the county attorney who files a petition under section 71-1117.Source Laws 2005, LB 206,  11. 
71-1112.  Risk analysis, defined.Risk analysis means a comprehensive evaluation of a person's potential for future dangerous behavior towards others, including recommendations to minimize the likelihood of harm to others in the least restrictive alternative.Source Laws 2005, LB 206,  12. 
71-1114.  Subject, defined.Subject means a person who is named in a petition filed under the Developmental Disabilities Court-Ordered Custody Act.Source Laws 2005, LB 206,  14. 
71-1115.  Threat of harm to others, defined.Threat of harm to others means a significant likelihood of substantial harm to others as evidenced by one or more of the following: Having inflicted or attempted to inflict serious bodily injury on another; having committed an act that would constitute a sexual assault or attempted sexual assault; having committed lewd and lascivious conduct toward a child; having set or attempted to set fire to another person or to any property of another without the owner's consent; or, by the use of an explosive, having damaged or destroyed property, put another person at risk of harm, or injured another person.Source Laws 2005, LB 206,  15. Annotations The Developmental Disabilities Court-Ordered Custody Act does not require proof of future harm before the court determines that the subject is in need of court-ordered custody and treatment and, therefore, does not violate due process. In re Interest of C.R., 281 Neb. 75, 793 N.W.2d 330 (2011).
71-1116.  Treatment, defined.Treatment means the support and services which will assist a subject to acquire the skills and behaviors needed to function in society so that the subject does not pose a threat of harm to others and is able to cope with his or her personal needs and the demands of his or her environment.Source Laws 2005, LB 206,  16. 
71-1117.  Petition; where filed; contents; evidentiary rules; applicability.The Attorney General or county attorney may file a petition in the district court of the county in which a subject resides or the county in which an alleged act constituting a threat of harm to others occurs. The petition shall allege that the subject is a person in need of court-ordered custody and treatment and shall contain the following:(1) The name and address of the subject, if known;(2) A statement that the subject is believed to be eighteen years of age or older or that the subject is a juvenile who will become eighteen years of age within ninety days after the date of filing the petition;(3) The name and address of the subject's guardian or closest relative, if known;(4) The name and address of any other person having custody and control of the subject, if known;(5) A statement that the subject has a developmental disability and poses a threat of harm to others;(6) The factual basis to support the allegation that the subject has a developmental disability; and(7) The factual basis to support the allegation that the subject poses a threat of harm to others.The Nebraska Evidence Rules shall apply to proceedings under the Developmental Disabilities Court-Ordered Custody Act unless otherwise specified.Source Laws 2005, LB 206,  17. Cross References  Nebraska Evidence Rules, see section 27-1103.Annotations The Developmental Disabilities Court-Ordered Custody Act provides procedures and evidentiary standards which protect an individual's constitutionally protected liberty interest and, therefore, does not violate the subject's due process rights. In re Interest of C.R., 281 Neb. 75, 793 N.W.2d 330 (2011).
71-1118.  Subject; rights.A subject has the following rights pursuant to the Developmental Disabilities Court-Ordered Custody Act:(1) The right to be represented by legal counsel and to have counsel appointed if the subject cannot afford to pay the cost of counsel;(2) The right to have a guardian ad litem appointed to act on the subject's behalf if the court determines that he or she is unable to assist in his or her own defense;(3) The right to have a timely hearing on the merits of the petition before a district court judge;(4) The right to have reasonable continuances, for good cause shown, in order to properly prepare for a hearing on the petition;(5) The right to testify, subpoena witnesses, require testimony before the court, and offer evidence;(6) The right to confront and cross-examine witnesses;(7) The right to have an expert witness of the subject's own choice evaluate the subject, testify, and provide recommendations to the court and to have such expert paid for by the county if the subject cannot afford the costs of such expert; and(8) The right to have a transcript prepared for the purpose of an appeal, to appeal a final decision of the court, and to have the costs of such transcript and appeal paid by the county if the subject cannot afford such costs.Source Laws 2005, LB 206,  18. 
71-1119.  Emergency custody; application; court order; evaluation by department.(1) The petitioner may apply to the court to have the subject taken into emergency custody and held pending a hearing on the petition and disposition pursuant to sections 71-1122 to 71-1126. The application for emergency custody shall be supported by affidavit or sworn testimony which establishes probable cause to believe that (a) the subject is eighteen years of age or older or will become eighteen years of age within ninety days after the date of filing the application, (b) the subject is a person with a developmental disability, (c) the subject poses a threat of harm to others, and (d) if the application is not granted, substantial harm to others is likely to occur before a trial and disposition of the matter can be completed.(2) If the court concludes that there is probable cause to grant the application pursuant to subsection (1) of this section, the court may issue an ex parte order granting the application. The department shall provide a recommendation of an appropriate treatment program for the subject which has available space and is willing to hold the subject in emergency custody. The court shall direct the sheriff or any other peace officer to take the subject into emergency custody and deliver him or her to the program ordered by the court to be held pending further hearing and order of the court. The order shall establish terms and conditions of the emergency placement as appropriate under the Developmental Disabilities Court-Ordered Custody Act. The department shall evaluate the subject within seven days after the date the application is granted to determine if the subject is a person with one or more developmental disabilities and poses a threat of harm to others. The results of the evaluation shall be provided to the court and all parties.Source Laws 2005, LB 206,  19. 
71-112.03.  Transferred to section 38-161.
71-112.  Transferred to section 38-167.
71-1120.  Emergency custody order; expedited hearing.If an emergency custody order is issued by the court under section 71-1119, the subject has a right to an expedited hearing to challenge the order. At such hearing, the petitioner has the burden of showing that there is probable cause to continue the emergency custody order. Such hearing shall be held within ten days after the date the subject is taken into emergency custody unless such requirement is waived by the subject or the subject is granted a continuance based upon his or her request. The Nebraska Evidence Rules do not apply at a hearing under this section. Upon conclusion of such hearing, the court may continue, modify, or vacate the emergency custody order.Source Laws 2005, LB 206,  20. Cross References  Nebraska Evidence Rules, see section 27-1103.
71-1121.  Petition and summons; service.The petitioner shall cause notice of the petition and summons to be served on the subject, the subject's attorney, if any, the subject's guardian, if any, the subject's closest relative, if known, any other person having custody and control of the subject, if known, and the department.Source Laws 2005, LB 206,  21. 
71-1122.  Petition; hearing; procedure; representation by legal counsel.When a petition is filed under the Developmental Disabilities Court-Ordered Custody Act, the court shall ensure that the subject is represented by legal counsel and shall set a time and date for a hearing on the petition. The clerk of the court shall provide notice of the date and time of such hearing to the subject, the subject's legal counsel, the subject's guardian, if any, the subject's closest relative, if known, any other person having custody and control of the subject, if known, the petitioner, and the department. The notice of hearing on the petition shall state the date, time, and location of the hearing and shall contain a list of the subject's rights under section 71-1118. The court may order an examination and evaluation of the subject to be completed by the department prior to the hearing, and the results shall be provided to all parties. The hearing on the petition shall be held within ninety days after the date of filing the petition or, if the subject is in emergency custody pursuant to section 71-1119, as soon as practicable but not later than forty-five days from the date when the subject was taken into emergency custody unless continuances are granted by the court upon the subject's motion.Source Laws 2005, LB 206,  22. 
71-1123.  Subject; response to petition.The subject may admit or deny the allegations of the petition or choose to not answer. If the subject denies the allegations of the petition, the court shall proceed to conduct a hearing on the petition. If the subject is unable to understand the nature and possible consequences of the proceedings or chooses to not answer, the court shall enter a denial of the allegations of the petition on the subject's behalf and shall proceed to conduct a hearing on the petition. If the subject admits to the allegations of the petition, the court shall determine whether the admission is free and voluntary and, if the court finds a factual basis to support the admission, may find the subject to be a person in need of court-ordered custody and treatment.Source Laws 2005, LB 206,  23. 
71-1124.  Burden of proof; court findings; dispositional hearing; when required.The petitioner has the burden to prove by clear and convincing evidence that the subject is a person in need of court-ordered custody and treatment. The court shall make specific findings of fact and state its conclusions of law.If after the hearing is complete the court finds that the subject is not a person in need of court-ordered custody and treatment, it shall dismiss the petition and immediately release the subject from any emergency custody order.If after the hearing is complete the court finds that the subject is a person in need of court-ordered custody and treatment, the court shall order the department to evaluate the subject and submit a plan for custody and treatment of the subject in the least restrictive alternative within thirty days and provide a copy to all parties in interest. The court shall set the matter for dispositional hearing within fifteen days after receipt of the department's plan, unless continued for good cause shown.Source Laws 2005, LB 206,  24. Annotations The Developmental Disabilities Court-Ordered Custody Act provides procedures and evidentiary standards which protect an individual's constitutionally protected liberty interest and, therefore, does not violate the subject's due process rights. In re Interest of C.R., 281 Neb. 75, 793 N.W.2d 330 (2011).
71-1125.  Departmental plan; contents.The plan submitted by the department pursuant to section 71-1124 shall include the evaluation and recommendations of an independent mental health professional. The independent mental health professional may have been previously involved in evaluating the subject and advising the court pursuant to the Developmental Disabilities Court-Ordered Custody Act and may also be an employee of or a contractor with the department. The plan shall include: A history of the subject's past treatment, if any; a comprehensive evaluation of the subject's developmental disabilities; a risk analysis; the treatment and staffing requirements of the subject; appropriate terms and conditions to provide custody and treatment of the subject in the least restrictive alternative; and an appropriate treatment program that is capable of providing and willing to provide treatment in accordance with the plan.Source Laws 2005, LB 206,  25. 
71-1126.  Dispositional hearing; considerations; court order.At the dispositional hearing, the court shall consider the plan submitted pursuant to section 71-1125, the arguments of the parties, and any other relevant evidence. The Nebraska Evidence Rules shall not apply at the dispositional hearing. The plan shall be approved by the court unless it is shown by a preponderance of the evidence that the plan is not the least restrictive alternative for the subject. After the hearing is completed, the court shall issue an order of disposition placing custody of the subject with the department and setting forth the treatment plan for the subject. The court shall establish the duration of the court-ordered custody and treatment of the subject, but such duration under the initial order shall not be longer than one year.Source Laws 2005, LB 206,  26. Cross References  Nebraska Evidence Rules, see section 27-1103.
71-1127.  Court-ordered custody and treatment; annual review hearings; procedure.The court shall hold annual review hearings of each order of disposition issued under section 71-1126 prior to the expiration date of such order. Prior to the annual review hearing, the department shall submit an updated plan for custody and treatment of the subject. It shall be the burden of the state to show by clear and convincing evidence that court-ordered custody and treatment continues to be necessary. The court shall determine whether the evidence supports continuing the court-ordered custody and treatment of the subject. At the review hearing, the court shall consider the evidence received at the original and any subsequent hearings, the plan and updates submitted by the department, progress reports and recommendations from the treatment program, and any other relevant evidence. Following the review hearing, the court may continue or modify the court-ordered custody and treatment or may vacate such custody and treatment and dismiss the matter.Source Laws 2005, LB 206,  27. 
71-1128.  Review hearing; when authorized; notice.(1) If at any time it appears that the subject no longer poses a threat of harm to others, any party may file a motion for a review hearing to be held as soon as practicable. The party filing the motion under this subsection shall have the burden of showing by a preponderance of the evidence that the subject no longer poses a threat of harm to others. If it is shown that the subject no longer poses a threat of harm to others, the court shall enter an order dismissing the case and immediately release the subject.(2) If at any time it appears that (a) the plan submitted under section 71-1124 or 71-1127 is not sufficient to protect society or the subject or (b) the circumstances upon which the plan was based have changed significantly, any party may file a motion, to be granted for good cause shown, for a review hearing to be held as soon as practicable. The party filing the motion under this subsection shall have the burden of showing by clear and convincing evidence that the court-ordered custody and treatment of the subject should be modified or vacated.(3) Upon the filing of a motion for a review hearing pursuant to this section, the department shall immediately provide notice to the Attorney General and the county attorney who filed a petition under section 71-1117 if the proceeding by which the subject is placed in court-ordered custody included evidence of a sex offense as defined in section 83-174.01 or if any prior proceedings resulting in a civil commitment or court-ordered custody included evidence of a sex offense as defined in section 83-174.01.Source  Laws 2005, LB 206,  28;  Laws 2006, LB 1199,  54.  
71-1129.  Jurisdiction of court.A court which finds a subject to be in need of court-ordered custody and treatment shall have concurrent jurisdiction to hear and decide issues regarding appointment or replacement of a guardian for as long as the subject is in court-ordered custody and treatment.Source Laws 2005, LB 206,  29. 
71-113.  Transferred to section 38-162.
71-1130.  Findings under act; effect.No findings under the Developmental Disabilities Court-Ordered Custody Act, including a finding that a person is in need of court-ordered custody and treatment, shall lead to a presumption that such person is incompetent to stand trial.Source Laws 2005, LB 206,  30. 
71-1131.  Costs; payment; public defender; appointment.If the subject cannot afford to pay, the county shall pay court costs, costs of emergency custody, and related expenses for a petition filed pursuant to the Developmental Disabilities Court-Ordered Custody Act, including the costs of legal counsel appointed to represent the subject and any expert hired to evaluate and testify on behalf of the subject. In counties having a public defender, the court may appoint the public defender as legal counsel for the subject. The county shall be responsible for the cost of transporting the subject to and from court hearings under the act and to any emergency custody or other custody ordered under the act. The department shall pay the costs of the department's evaluations of the subject, the costs of the plans completed by the department and the independent mental health professional, and the costs of the court-ordered custody and treatment of the subject following an order of disposition, except as provided by sections 83-363 to 83-380.Source Laws 2005, LB 206,  31. 
71-1132.  Treatment needs of subject; rights of subject or subject's guardian.Jurisdiction of the court under the Developmental Disabilities Court-Ordered Custody Act does not prohibit a subject or a subject's guardian from consenting to medical care or to a more restrictive setting, on a temporary basis, than that ordered by the court to satisfy the treatment needs of the subject.Source Laws 2005, LB 206,  32. 
71-1133.  Juvenile; when subject to act.In the case of a juvenile in need of court-ordered custody and treatment, a petitioner may file a petition and begin proceedings under the Developmental Disabilities Court-Ordered Custody Act within ninety days before the juvenile's eighteenth birthday. No order under the act shall be effective until the subject reaches his or her eighteenth birthday.Source Laws 2005, LB 206,  33. 
71-1134.  Reports.(1) The department in collaboration with the Advisory Committee on Developmental Disabilities established under section 83-1212.01 shall submit quarterly reports to the court, all parties of record, and the guardian of any subject in court-ordered custody.(2) The department shall submit electronically an annual report to the Legislature regarding the implementation of the Developmental Disabilities Court-Ordered Custody Act. Such reports shall not contain any name, address, or other identifying factors or other confidential information regarding any subject.Source  Laws 2005, LB 206,  34;  Laws 2012, LB782,  110. 
71-114.  Transferred to section 38-164.
71-115.01.  Transferred to section 38-168.
71-116.  Transferred to section 38-163.
71-117.  Transferred to section 38-159.
71-118.  Transferred to section 38-160.
71-120.  Transferred to section 38-169.
71-1201.  Act, how cited.Sections 71-1201 to 71-1226 shall be known and may be cited as the Sex Offender Commitment Act.Source Laws 2006, LB 1199,  57.
71-1202.  Purpose of act.The purpose of the Sex Offender Commitment Act is to provide for the court-ordered treatment of sex offenders who have completed their sentences but continue to pose a threat of harm to others. It is the public policy of the State of Nebraska that dangerous sex offenders be encouraged to obtain voluntary treatment. If voluntary treatment is not obtained, such persons shall be subject to involuntary custody and treatment only after mental health board proceedings as provided by the Sex Offender Commitment Act. Such persons shall be subjected to emergency protective custody under limited conditions and for a limited period of time.Source Laws 2006, LB 1199,  58.Annotations  This section does not violate the constitutional provisions relating to equal protection, special legislation, separation of powers, bills of attainder, ex post facto, or double jeopardy. In re Interest of A.M., 281 Neb. 482, 797 N.W.2d 233 (2011). The Sex Offender Commitment Act applies specifically to convicted sex offenders who have completed their jail sentences but continue to pose a threat of harm to others. In re Interest of G.H., 279 Neb. 708, 781 N.W.2d 438 (2010). The Sex Offender Commitment Act is not excessive in relation to its assigned nonpunitive purpose, which is to protect the public and provide treatment to dangerous sex offenders who are likely to reoffend. In re Interest of J.R., 277 Neb. 362, 762 N.W.2d 305 (2009). 
71-1203.  Terms, defined.For purposes of the Sex Offender Commitment Act:(1) The definitions found in sections 71-905, 71-906, 71-907, 71-910, 71-911, and 83-174.01 apply;(2) Administrator means the administrator or other chief administrative officer of a treatment facility or his or her designee;(3) Outpatient treatment means treatment ordered by a mental health board directing a subject to comply with specified outpatient treatment requirements, including, but not limited to, (a) taking prescribed medication, (b) reporting to a mental health professional or treatment facility for treatment or for monitoring of the subject's condition, or (c) participating in individual or group therapy or educational, rehabilitation, residential, or vocational programs;(4) Subject means any person concerning whom (a) a certificate has been filed under section 71-1204, (b) a certificate has been filed under section 71-919 and such person is held pursuant to subdivision (2)(b) of section 71-919, or (c) a petition has been filed under the Sex Offender Commitment Act. Subject does not include any person under eighteen years of age unless such person is an emancipated minor; and(5) Treatment facility means a facility which provides services for persons who are dangerous sex offenders.Source Laws 2006, LB 1199,  59.Annotations The explicit purpose of the Sex Offender Commitment Act is to protect the public from sex offenders who continue to pose a threat of harm to others. In re Interest of J.R., 277 Neb. 362, 762 N.W.2d 305 (2009).
71-1204.  Emergency protective custody; dangerous sex offender determination; written certificate; contents.(1) A mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919, determines that such person is a dangerous sex offender shall execute a written certificate as provided in subsection (2) of this section not later than twenty-four hours after the completion of such evaluation. A copy of such certificate shall be immediately forwarded to the county attorney.(2) The certificate shall be in writing and shall include the following information:(a) The subject's name and address, if known;(b) The name and address of the subject's spouse, legal counsel, guardian or conservator, and next of kin, if known;(c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known;(d) The name and address of any other person who may have knowledge of the subject's mental illness or personality disorder who may be called as a witness at a mental health board hearing with respect to the subject, if known;(e) The name and address of the medical facility in which the subject is being held for emergency protective custody and evaluation;(f) The name and work address of the certifying mental health professional;(g) A statement by the certifying mental health professional that he or she has evaluated the subject since the subject was admitted for emergency protective custody and evaluation; and(h) A statement by the certifying mental health professional that, in his or her clinical opinion, the subject is a dangerous sex offender and the clinical basis for such opinion.Source Laws 2006, LB 1199,  60.
71-1205.  Person believes another to be a dangerous sex offender; notify county attorney; petition; when; contents.(1) Any person who believes that another person is a dangerous sex offender may communicate such belief to the county attorney. The filing of a certificate by a law enforcement officer under section 71-919 shall be sufficient to communicate such belief. If the county attorney concurs that such person is a dangerous sex offender and that neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by a mental health board is available or would suffice to prevent the harm described in subdivision (1) of section 83-174.01, the county attorney shall file a petition as provided in this section.(2) The petition shall be filed with the clerk of the district court in any county within: (a) The judicial district in which the subject is located; (b) the judicial district in which the alleged behavior of the subject occurred which constitutes the basis for the petition; or (c) another judicial district in the State of Nebraska, if authorized, upon good cause shown, by a district judge of the judicial district in which the subject is located. In such event, all proceedings before the mental health board shall be conducted by the mental health board serving such other county and all costs relating to such proceedings shall be paid by the county of residence of the subject. In the order transferring such cause to another county, the judge shall include such directions as are reasonably necessary to protect the rights of the subject.(3) The petition shall be in writing and shall include the following information:(a) The subject's name and address, if known;(b) The name and address of the subject's spouse, legal counsel, guardian or conservator, and next of kin, if known;(c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known;(d) A statement that the county attorney has probable cause to believe that the subject of the petition is a dangerous sex offender;(e) A statement that the beliefs of the county attorney are based on specific behavior, acts, criminal convictions, attempts, or threats which shall be described in detail in the petition; and(f) The name and address of any other person who may have knowledge of the subject's mental illness or personality disorder and who may be called as a witness at a mental health board hearing with respect to the subject, if known.Source Laws 2006, LB 1199,  61.
71-1206.  Mental health board proceedings; commencement; petition; custody of subject; conditions; dismissal; when.(1) Mental health board proceedings shall be deemed to have commenced upon the earlier of (a) the filing of a petition under section 71-1205 or (b) notification by the county attorney to the law enforcement officer who took the subject into emergency protective custody under section 71-919 or the administrator of the treatment facility having charge of the subject of the intention of the county attorney to file such petition. The county attorney shall file such petition as soon as reasonably practicable after such notification.(2) A petition filed by the county attorney under section 71-1205 may contain a request for the emergency protective custody and evaluation of the subject prior to commencement of a mental health board hearing pursuant to such petition with respect to the subject. Upon receipt of such request and upon a finding of probable cause to believe that the subject is a dangerous sex offender as alleged in the petition, the court or chairperson of the mental health board may issue a warrant directing the sheriff to take custody of the subject. If the subject is already in emergency protective custody under a certificate filed under section 71-919, a copy of such certificate shall be filed with the petition. The subject in such custody shall be held in an appropriate and available medical facility, jail, or Department of Correctional Services facility. A dangerous sex offender shall not be admitted to a medical facility for emergency protective custody unless a medical or psychiatric emergency exists requiring treatment not available at a jail or correctional facility. Each county shall make arrangements with appropriate facilities inside or outside the county for such purpose and shall pay the cost of the emergency protective custody of persons from such county in such facilities.(3) The petition and all subsequent pleadings and filings in the case shall be entitled In the Interest of . . . . . , Alleged to be a Dangerous Sex Offender. The county attorney may dismiss the petition at any time prior to the commencement of the hearing of the mental health board under section 71-1208, and upon such motion by the county attorney, the mental health board shall dismiss the petition.Source Laws 2006, LB 1199,  62.
71-1207.  Petition; summons; hearing; sheriff; duties; failure to appear; warrant for custody.Upon the filing of the petition under section 71-1205, the clerk of the district court shall cause a summons fixing the time and place for a hearing to be prepared and issued to the sheriff for service. The sheriff shall personally serve upon the subject and the subject's legal guardian or custodian, if any, the summons and copies of the petition, the list of rights provided by sections 71-943 to 71-960, and a list of the names, addresses, and telephone numbers of mental health professionals in the immediate vicinity by whom the subject may be evaluated prior to his or her hearing. The summons shall fix a time for the hearing within seven calendar days after the subject has been taken into emergency protective custody. The failure of a subject to appear as required under this section shall constitute grounds for the issuance by the mental health board of a warrant for his or her custody.Source Laws 2006, LB 1199,  63.Annotations  The 7-day time limit for holding a hearing under this section is directory, not mandatory. D.I. v. Gibson, 291 Neb. 554, 867 N.W.2d 284 (2015). The Sex Offender Commitment Act requires service of a summons upon the subject which fixes a time for the hearing before a mental health board within 7 calendar days after the subject has been taken into emergency protective custody. Condoluci v. State, 18 Neb. App. 112, 775 N.W.2d 196 (2009). 
71-1208.  Hearing; mental health board; duties.A hearing shall be held by the mental health board to determine whether there is clear and convincing evidence that the subject is a dangerous sex offender as alleged in the petition. At the commencement of the hearing, the board shall inquire whether the subject has received a copy of the petition and list of rights accorded him or her by sections 71-943 to 71-960 and whether he or she has read and understood them. The board shall explain to the subject any part of the petition or list of rights which he or she has not read or understood. The board shall inquire of the subject whether he or she admits or denies the allegations of the petition. If the subject admits the allegations, the board shall proceed to enter a treatment order pursuant to section 71-1209. If the subject denies the allegations of the petition, the board shall proceed with a hearing on the merits of the petition.Source Laws 2006, LB 1199,  64.
71-1209.  Burden of proof; mental health board; hearing; orders authorized; conditions; rehearing.(1) The state has the burden to prove by clear and convincing evidence that (a) the subject is a dangerous sex offender and (b) neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by the mental health board are available or would suffice to prevent the harm described in subdivision (1) of section 83-174.01.(2) If the mental health board finds that the subject is not a dangerous sex offender, the board shall dismiss the petition and order the unconditional discharge of the subject.(3) If the mental health board finds that the subject is a dangerous sex offender but that voluntary hospitalization or other treatment alternatives less restrictive of the subject's liberty than treatment ordered by the mental health board are available and would suffice to prevent the harm described in subdivision (1) of section 83-174.01, the board shall (a) dismiss the petition and order the unconditional discharge of the subject or (b) suspend further proceedings for a period of up to ninety days to permit the subject to obtain voluntary treatment. At any time during such ninety-day period, the county attorney may apply to the board for reinstatement of proceedings with respect to the subject, and after notice to the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, the board shall hear the application. If no such application is filed or pending at the conclusion of such ninety-day period, the board shall dismiss the petition and order the unconditional discharge of the subject.(4) If the subject admits the allegations of the petition or the mental health board finds that the subject is a dangerous sex offender and that neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by the board are available or would suffice to prevent the harm described in subdivision (1) of section 83-174.01, the board shall, within forty-eight hours, (a) order the subject to receive outpatient treatment or (b) order the subject to receive inpatient treatment. If the subject is ordered by the board to receive inpatient treatment, the order shall commit the subject to the custody of the Department of Health and Human Services for such treatment.(5) A subject who (a) is ordered by the mental health board to receive inpatient treatment and (b) has not yet been admitted for such treatment pursuant to such order may petition for a rehearing by the mental health board based on improvement in the subject's condition such that inpatient treatment ordered by the board would no longer be necessary or appropriate.(6) A treatment order by the mental health board under this section shall represent the appropriate available treatment alternative that imposes the least possible restraint upon the liberty of the subject. The board shall consider all treatment alternatives, including any treatment program or conditions suggested by the subject, the subject's counsel, or other interested person. Inpatient hospitalization or custody shall only be considered as a treatment alternative of last resort. The county attorney and the subject may jointly offer a proposed treatment order for adoption by the board. The board may enter the proposed order without a full hearing.(7) The mental health board may request the assistance of the Department of Health and Human Services or any other person or public or private entity to advise the board prior to the entry of a treatment order pursuant to this section and may require the subject to submit to reasonable psychiatric and psychological evaluation to assist the board in preparing such order. Any mental health professional conducting such evaluation at the request of the mental health board shall be compensated by the county or counties served by such board at a rate determined by the district judge and reimbursed for mileage at the rate provided in section 81-1176.Source Laws 2006, LB 1199,  65.Annotations Under subsection (1)(b) of this section, the State's burden to prove that "neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by the mental health board are available or would suffice" was not met when the State provided evidence only of the treatment that would be recommended if the subject were to remain within the Department of Correctional Services. In re Interest of O.S., 277 Neb. 577, 763 N.W.2d 723 (2009).
71-121.01.  Transferred to section 38-174.
71-121.  Transferred to section 38-170.
71-1210.  Subject; custody pending entry of treatment order.(1) At the conclusion of a mental health board hearing under section 71-1208 and prior to the entry of a treatment order by the board under section 71-1209, the board may (a) order that the subject be retained in custody until the entry of such order and the subject may be admitted for treatment pursuant to such order or (b) order the subject released from custody under such conditions as the board deems necessary and appropriate to prevent the harm described in subdivision (1) of section 83-174.01 and to assure the subject's appearance at a later disposition hearing by the board. A subject shall be retained in custody under this section at an appropriate and available medical facility, jail, or Department of Correctional Services facility. A dangerous sex offender shall not be admitted to a medical facility for emergency protective custody unless a medical or psychiatric emergency exists requiring treatment not available at a jail or correctional facility. Each county shall make arrangements with appropriate facilities inside or outside the county for such purpose and shall pay the cost of the emergency protective custody of persons from such county in such facilities.(2) A subject who has been ordered to receive inpatient or outpatient treatment by a mental health board may be provided treatment while being retained in emergency protective custody and pending admission of the subject for treatment pursuant to such order.Source Laws 2006, LB 1199,  66.
71-1211.  Dangerous sex offender; board; issue warrant; contents; immunity.If the mental health board finds the subject to be a dangerous sex offender and commits the subject to the custody of the Department of Health and Human Services to receive inpatient treatment, the department shall secure placement of the subject in an appropriate inpatient treatment facility to receive such treatment. The board shall issue a warrant authorizing the administrator of such treatment facility to receive and keep the subject as a patient. The warrant shall state the findings of the board and the legal settlement of the subject, if known, or any available information relating thereto. Such warrant shall shield every official and employee of the treatment facility against all liability to prosecution of any kind on account of the reception and detention of the subject if the detention is otherwise in accordance with the Sex Offender Commitment Act, rules and regulations adopted and promulgated under the act, and policies of the treatment facility.Source Laws 2006, LB 1199,  67.
71-1212.  Inpatient treatment; subject taken to facility; procedure.When an order of a mental health board requires inpatient treatment of a subject within a treatment facility, the warrant filed under section 71-1211, together with the findings of the mental health board, shall be delivered to the sheriff of the county who shall execute such warrant by conveying and delivering the warrant, the findings, and the subject to the treatment facility. The administrator, over his or her signature, shall acknowledge the delivery on the original warrant which the sheriff shall return to the clerk of the district court with his or her costs and expenses endorsed thereon. If neither the sheriff nor deputy sheriff is available to execute the warrant, the chairperson of the mental health board may appoint some other suitable person to execute the warrant. Such person shall take and subscribe an oath or affirmation to faithfully discharge his or her duty and shall be entitled to the same fees as the sheriff. The sheriff, deputy sheriff, or other person appointed by the mental health board may take with him or her such assistance as may be required to execute the warrant. No female subject shall be taken to a treatment facility without being accompanied by another female or relative of the subject. The administrator in his or her acknowledgment of delivery shall record whether any person accompanied the subject and the name of such person.Source Laws 2006, LB 1199,  68.
71-1213.  Mental health board; execution of warrants; costs; procedure.(1) If a mental health board issues a warrant for the admission or return of a subject to a treatment facility and funds to pay the expenses thereof are needed in advance, the board shall estimate the probable expense of conveying the subject to the treatment facility, including the cost of any assistance that might be required, and shall submit such estimate to the county clerk of the county in which such person is located. The county clerk shall certify the estimate and shall issue an order on the county treasurer in favor of the sheriff or other person entrusted with the execution of the warrant.(2) The sheriff or other person executing the warrant shall include in his or her return a statement of expenses actually incurred, including any excess or deficiency. Any excess from the amount advanced for such expenses under subsection (1) of this section shall be paid to the county treasurer, taking his or her receipt therefor, and any deficiency shall be obtained by filing a claim with the county board. If no funds are advanced, the expenses shall be certified on the warrant and paid when returned.(3) The sheriff shall be reimbursed for mileage at the rate provided in section 33-117 for conveying a subject to a treatment facility under this section. For other services performed under the Sex Offender Commitment Act, the sheriff shall receive the same fees as for like services in other cases.(4) All compensation and expenses provided for in this section shall be allowed and paid out of the treasury of the county by the county board.Source Laws 2006, LB 1199,  69.
71-1214.  Treatment order of mental health board; appeal; final order of district court; appeal.The subject of a petition or the county attorney may appeal a treatment order of the mental health board under section 71-1209 to the district court. Such appeals shall be de novo on the record. A final order of the district court may be appealed to the Court of Appeals in accordance with the procedure in criminal cases. The final judgment of the court shall be certified to and become a part of the records of the mental health board with respect to the subject.Source Laws 2006, LB 1199,  70.Annotations The proper procedure to be followed when taking an appeal from a final order of the district court under this section is the general appeal procedure set forth in section 25-1912. In re Interest of L.T., 295 Neb. 105, 886 N.W.2d 525 (2016).
71-1215.  Treatment order; individualized treatment plan; contents; copy; filed; treatment; when commenced.(1) Any treatment order entered by a mental health board under section 71-1209 shall include directions for (a) the preparation and implementation of an individualized treatment plan for the subject and (b) documentation and reporting of the subject's progress under such plan.(2) The individualized treatment plan shall contain a statement of (a) the nature of the subject's mental illness or personality disorder, (b) the least restrictive treatment alternative consistent with the clinical diagnosis of the subject, and (c) intermediate and long-term treatment goals for the subject and a projected timetable for the attainment of such goals.(3) A copy of the individualized treatment plan shall be filed with the mental health board for review and inclusion in the subject's file and served upon the county attorney, the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, within five working days after the entry of the board's order. Treatment shall be commenced within two working days after preparation of the plan.(4) The subject shall be entitled to know the contents of the individualized treatment plan and what the subject must do in order to meet the requirements of such plan.(5) The subject shall be notified by the mental health board when the mental health board has changed the treatment order or has ordered the discharge of the subject from commitment.Source Laws 2006, LB 1199,  71.
71-1216.  Person responsible for subject's individualized treatment plan; periodic progress reports; copies; filed and served.The person or entity designated by the mental health board under section 71-1215 to prepare and oversee the subject's individualized treatment plan shall submit periodic reports to the mental health board of the subject's progress under such plan and any modifications to the plan. The mental health board may distribute copies of such reports to other interested parties as permitted by law. With respect to a subject ordered by the mental health board to receive inpatient treatment, such initial report shall be filed with the mental health board for review and inclusion in the subject's file and served upon the county attorney, the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, no later than ten days after submission of the subject's individualized treatment plan. With respect to each subject committed by the mental health board, such reports shall be so filed and served no less frequently than every ninety days for a period of one year following submission of the subject's individualized treatment plan and every six months thereafter.Source Laws 2006, LB 1199,  72.
71-1217.  Outpatient treatment provider; duties; investigation by county attorney; warrant for immediate custody of subject; when.(1) Any provider of outpatient treatment to a subject ordered by a mental health board to receive such treatment shall report to the board and to the county attorney if (a) the subject is not complying with his or her individualized treatment plan, (b) the subject is not following the conditions set by the mental health board, (c) the treatment plan is not effective, or (d) there has been a significant change in the subject's mental illness or personality disorder or the level of risk posed to the public. Such report may be transmitted by facsimile, but the original of the report shall be mailed to the board and the county attorney no later than twenty-four hours after the facsimile transmittal.(2)(a) Upon receipt of such report, the county attorney shall have the matter investigated to determine whether there is a factual basis for the report.(b) If the county attorney determines that there is no factual basis for the report or that no further action is warranted, he or she shall notify the board and the treatment provider and take no further action.(c) If the county attorney determines that there is a factual basis for the report and that intervention by the mental health board is necessary to protect the subject or others, the county attorney may file a motion for reconsideration of the conditions set forth by the board and have the matter set for hearing.(d) The county attorney may apply for a warrant to take immediate custody of the subject pending a rehearing by the board under subdivision (c) of this subsection if the county attorney has reasonable cause to believe that the subject poses a threat of danger to himself or herself or others prior to such rehearing. The application for a warrant shall be supported by affidavit or sworn testimony by the county attorney, a mental health professional, or any other informed person. The application for a warrant and the supporting affidavit may be filed with the board by facsimile, but the original shall be filed with the board not later than three days after the facsimile transmittal, excluding holidays and weekends. Sworn testimony in support of the warrant application may be taken over the telephone at the discretion of the board.Source Laws 2006, LB 1199,  73.
71-1218.  Outpatient treatment; hearing by board; warrant for custody of subject; subject's rights; board determination.The mental health board shall, upon motion of the county attorney, or may, upon its own motion, hold a hearing to determine whether a subject ordered by the board to receive outpatient treatment can be adequately and safely served by the individualized treatment plan for such subject on file with the board. The mental health board may issue a warrant directing any law enforcement officer in the state to take custody of the subject and directing the sheriff or other suitable person to transport the subject to a treatment facility or public or private hospital with available capacity specified by the board where he or she will be held pending such hearing. No person may be held in custody under this section for more than seven days except upon a continuance granted by the board. At the time of execution of the warrant, the sheriff or other suitable person designated by the board shall personally serve upon the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, a notice of the time and place fixed for the hearing, a copy of the motion for hearing, and a list of the rights provided by the Sex Offender Commitment Act. The subject shall be accorded all the rights guaranteed to a subject by the act. Following the hearing, the board shall determine whether outpatient treatment will be continued, modified, or ended.Source Laws 2006, LB 1199,  74.
71-1219.  Mental health board; review hearing; order discharge or change treatment disposition; when.(1) Upon the filing of a periodic report under section 71-1216, the subject, the subject's counsel, or the subject's legal guardian or conservator, if any, may request and shall be entitled to a review hearing by the mental health board and to seek from the board an order of discharge from commitment or a change in treatment ordered by the board. The mental health board shall schedule the review hearing no later than fourteen calendar days after receipt of such request. The mental health board may schedule a review hearing (a) at any time pursuant to section 71-1221 or 71-1222, (b) upon the request of the subject, the subject's counsel, the subject's legal guardian or conservator, if any, the county attorney, the official, agency, or other person or entity designated by the mental health board under section 71-1215 to prepare and oversee the subject's individualized treatment plan, or the mental health professional directly involved in implementing such plan, or (c) upon the board's own motion.(2) The board shall immediately discharge the subject or enter a new treatment order with respect to the subject whenever it is shown by any person or it appears upon the record of the periodic reports filed under section 71-1216 to the satisfaction of the board that (a) the subject's mental illness or personality disorder has been successfully treated or managed to the extent that the subject no longer poses a threat to the public or (b) a less restrictive treatment alternative exists for the subject which does not increase the risk that the subject will commit another sex offense. When discharge or a change in disposition is in issue, due process protections afforded under the Sex Offender Commitment Act shall attach to the subject.Source Laws 2006, LB 1199,  75.Annotations  A hearing under subsection (1) of this section is a special proceeding within the ordinary meaning of the term. In re Interest of D.I., 281 Neb. 917, 799 N.W.2d 664 (2011). Denial of a motion for reconsideration under subsection (1) of this section is a final, appealable order. In re Interest of D.I., 281 Neb. 917, 799 N.W.2d 664 (2011). Once the subject of a petition has exercised his or her right to a review hearing, and asserted that there are less restrictive treatment alternatives available, the State is required to present clear and convincing evidence that a less restrictive treatment alternative is inappropriate. At that point, the subject may further rebut the State's evidence. In re Interest of D.I., 281 Neb. 917, 799 N.W.2d 664 (2011). The State bears the burden to show by clear and convincing evidence that the subject remains mentally ill and dangerous. Under the plain language of this section, a mental health board must determine whether the subject's mental illness or personality disorder has been "successfully treated or managed," which necessarily requires the board to review and rely upon the original reason for commitment. In re Interest of D.I., 281 Neb. 917, 799 N.W.2d 664 (2011). 
71-122.  Transferred to section 38-171.
71-1220.  Regional center or treatment facility; administrator; discharge of involuntary patient; notice.When the administrator of any regional center or treatment facility for the treatment of dangerous sex offenders determines that any involuntary patient in such facility may be safely and properly discharged or placed on convalescent leave, the administrator of such regional center or treatment facility shall immediately notify the mental health board of the judicial district from which such patient was committed.Source Laws 2006, LB 1199,  76.
71-1221.  Mental health board; notice of release; hearing.A mental health board shall be notified in writing of the release by the treatment facility of any individual committed by the mental health board. Such notice shall immediately be forwarded to the county attorney. The mental health board shall, upon the motion of the county attorney, or may upon its own motion, conduct a hearing to determine whether the individual is a dangerous sex offender and consequently not a proper subject for release. Such hearing shall be conducted in accordance with the procedures established for hearings under the Sex Offender Commitment Act. The subject of such hearing shall be accorded all rights guaranteed to the subject of a petition under the act.Source Laws 2006, LB 1199,  77.
71-1222.  Mental health board; person released from treatment; compliance with conditions of release; conduct hearing; make determination.The mental health board shall, upon the motion of the county attorney, or may upon its own motion, hold a hearing to determine whether a person who has been ordered by the board to receive inpatient or outpatient treatment is adhering to the conditions of his or her release from such treatment, including the taking of medication. The subject of such hearing shall be accorded all rights guaranteed to a subject under the Sex Offender Commitment Act, and such hearing shall apply the standards used in all other hearings held pursuant to the act. If the mental health board concludes from the evidence at the hearing that there is clear and convincing evidence that the subject is a dangerous sex offender, the board shall so find and shall within forty-eight hours enter an order of final disposition providing for the treatment of such person in accordance with section 71-1209.Source Laws 2006, LB 1199,  78.
71-1223 .  Escape from treatment facility or program; notification required; contents; warrant; execution; peace officer; powers.When any person receiving treatment at a treatment facility or program for dangerous sex offenders pursuant to an order of a court or mental health board is absent without authorization from such treatment facility or program, the administrator or program director of such treatment facility or program shall immediately notify the Nebraska State Patrol and the court or clerk of the mental health board of the judicial district from which such person was committed. The notification shall include the person's name and description and a determination by a psychiatrist, clinical director, administrator, or program director as to whether the person is believed to be currently dangerous to others. The clerk shall issue the warrant of the board directed to the sheriff of the county for the arrest and detention of such person. Such warrant may be executed by the sheriff or any other peace officer. Pending the issuance of the warrant of the mental health board, any peace officer may seize and detain such person when the peace officer has probable cause to believe that the person is reported to be absent without authorization as described in the section. Such person shall be returned to the treatment facility or program or shall be taken to a facility as described in section 71-919 until he or she can be returned to such treatment facility or program.Source Laws 2006, LB 1199,  79.
71-1224.  Rights of subjects.In addition to the rights granted subjects by any other provisions of the Sex Offender Commitment Act, such subjects shall be entitled to the rights provided in sections 71-943 to 71-960 during proceedings concerning the subjects under the act.Source Laws 2006, LB 1199,  80.
71-1225.  Mental health board hearings; closed to public; exception; where conducted.All mental health board hearings under the Sex Offender Commitment Act shall be closed to the public except at the request of the subject and shall be held in a courtroom or at any convenient and suitable place designated by the mental health board. The board shall have the right to conduct the proceeding where the subject is currently residing if the subject is unable to travel.Source Laws 2006, LB 1199,  81.
71-1226.  Hearings; rules of evidence applicable.The rules of evidence applicable in civil proceedings shall apply at all hearings held under the Sex Offender Commitment Act. In no event shall evidence be considered which is inadmissible in criminal proceedings.Source Laws 2006, LB 1199,  82.
71-124.01.  Transferred to section 38-141.
71-124.  Transferred to section 38-172.
71-125.  Transferred to section 38-132.
71-128.  Transferred to section 38-133.
71-129.  Transferred to section 38-135.
71-1301.  Transferred to section 38-1402.
71-1302.  Transferred to section 38-1414.
71-1303.  Transferred to section 38-1415.
71-1304.  Transferred to section 38-1416.
71-1305.  Transferred to section 38-1417.
71-1306.  Transferred to section 38-1418.
71-131.  Transferred to section 38-136.
71-1327.01.  Transferred to section 38-1420.
71-1327.  Transferred to section 38-1419.
71-133.  Transferred to section 38-134.
71-1331.  Transferred to section 38-1423.
71-1333.  Transferred to section 38-1424.
71-1339.  Transferred to section 38-1425.
71-1340.  Transferred to section 38-1426.
71-1341.  Transferred to section 38-1427.
71-1346.  Transferred to section 38-1428.
71-1355.  Act, how cited.Sections 71-1355 to 71-1385 shall be known and may be cited as the Cremation of Human Remains Act.Source  Laws 2003, LB 95,  1;  Laws 2015, LB146,  1.  Cross References  Funeral Directing and Embalming Practice Act, see section 38-1401.
71-1356.  Terms, defined.For purposes of the Cremation of Human Remains Act, unless the context otherwise requires:(1) Alternative container means a container in which human remains are placed in a cremation chamber for cremation;(2) Authorizing agent means a person vested with the right to control the disposition of human remains pursuant to section 30-2223 or a person authorized on the decedent's United States Department of Defense record of emergency data, DD Form 93, or its successor form, as provided in section 38-1425;(3) Casket means a rigid container made of wood, metal, or other similar material, ornamented and lined with fabric, which is designed for the encasement of human remains;(4) Cremated remains means the residue of human remains recovered after cremation and the processing of such remains by pulverization, leaving only bone fragments reduced to unidentifiable dimensions, and the unrecoverable residue of any foreign matter, such as eyeglasses, bridgework, or other similar material, that was cremated with the human remains;(5) Cremated remains receipt form means a form provided by a crematory authority to an authorizing agent or his or her representative that identifies cremated remains and the person authorized to receive such remains;(6) Cremation means the technical process that uses heat and evaporation to reduce human remains to bone fragments;(7) Cremation chamber means the enclosed space within which a cremation takes place;(8) Crematory means a building or portion of a building which contains a cremation chamber and holding facility;(9) Crematory authority means the legal entity subject to licensure by the department to maintain and operate a crematory and perform cremation;(10) Crematory operator means a person who is responsible for the operation of a crematory;(11) Delivery receipt form means a form provided by a funeral establishment to a crematory authority to document the receipt of human remains by such authority for the purpose of cremation;(12) Department means the Division of Public Health of the Department of Health and Human Services;(13) Director means the Director of Public Health of the Division of Public Health;(14) Funeral director has the same meaning as in section 71-507;(15) Funeral establishment has the same meaning as in section 38-1411;(16) Holding facility means the area of a crematory designated for the retention of human remains prior to cremation and includes a refrigerated facility;(17) Human remains means the body of a deceased person, or a human body part, in any stage of decomposition and includes limbs or other portions of the anatomy that are removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research;(18) Permanent container means a receptacle made of durable material for the long-term placement of cremated remains;(19) Temporary container means a receptacle made of cardboard, plastic, or other similar material in which cremated remains are placed prior to the placement of such remains in an urn or other permanent container;(20) Veteran means a person who served on active duty as a member of the United States Armed Forces, a member of the Nebraska National Guard, or a member of the United States Reserve Forces, who was discharged or released from such service under conditions other than dishonorable, and who is eligible for burial in a veteran cemetery;(21) Veteran cemetery means a cemetery under the control of the United States Department of Veterans Affairs National Cemetery Administration or the Nebraska Department of Veterans' Affairs; and(22) Veterans service organization means an association, corporation, or other entity that is:(a) A charitable organization that is tax exempt under section 501(c)(3), 501(c)(4), or 501(c)(19) of the Internal Revenue Code of 1986; and(b) Organized for the benefit of veterans burial and interment and recognized by the Memorial Affairs Division of the United States Department of Veterans Affairs or the Nebraska Department of Veterans' Affairs. The term includes a member or employee of an eligible nonprofit veterans association, corporation, or entity that specifically assists in facilitating the identification, recovery, and interment of the unclaimed cremated remains of veterans.Source  Laws 2003, LB 95,  2;  Laws 2007, LB296,  469;  Laws 2007, LB463,  1186;  Laws 2014, LB998,  15;  Laws 2015, LB146,  2.  
71-1357.  Crematory; license required.A crematory shall not be established, operated, or maintained in this state except by a crematory authority licensed by the department under the Cremation of Human Remains Act. The department shall issue a license to a crematory authority that satisfies the requirements for licensure under the act. Human remains shall not be cremated in this state except at a crematory operated by a crematory authority licensed under the act.Source  Laws 2003, LB 95,  3;  Laws 2007, LB463,  1187. 
71-1358.  Crematory; building and location requirements.(1) A crematory shall conform to all building codes and environmental regulations.(2) A crematory may be constructed at any location consistent with applicable zoning and environmental regulations.Source Laws 2003, LB 95,  4. 
71-1359.  License; application; requirements; fee.An applicant for an initial or renewal license as a crematory authority shall file a written application with the department. The application shall be accompanied by the license fee required under section 71-1363 and a certificate confirming that the crematory operator has attended, prior to issuance of the license, a training course provided by the Cremation Association of North America or by the manufacturer of the cremation chamber maintained and operated by the crematory authority and shall set forth the full name and address of the applicant, the address and location of the crematory, the name of the crematory operator, the name and address of the owner of the crematory, and additional information as required by the department, including affirmative evidence of the applicant's ability to comply with rules and regulations adopted and promulgated under the Cremation of Human Remains Act. The application shall include the applicant's social security number if the applicant is an individual. The social security number shall not be public record and may only be used for administrative purposes.Source Laws 2003, LB 95,  5. 
71-1360.  License; expiration.Except as otherwise provided in the Cremation of Human Remains Act, licenses issued pursuant to the act shall expire five years after the date of issuance. Licenses shall be issued only for the crematory authority named in the application and shall not be transferable or assignable.Source Laws 2003, LB 95,  6. 
71-1361.  Crematory; change in location, ownership, or name; application; requirements; fee.(1) A crematory authority desiring to relocate a crematory shall file a written application with the department at least thirty days prior to the designated date of such relocation. The application shall be accompanied by a fee determined by the department in rules and regulations.(2) A crematory authority desiring to change ownership of a crematory shall file a written application with the department at least thirty days prior to the designated date of such change. The application shall be accompanied by a fee determined by the department in rules and regulations.(3) A crematory authority desiring to change its name shall file a written application with the department at least thirty days prior to such change. The application shall be accompanied by a fee determined by the department in rules and regulations.Source  Laws 2003, LB 95,  7;  Laws 2007, LB463,  1188. 
71-1362.  Provisional license.A provisional license may be issued to a crematory authority that substantially complies with requirements for licensure under the Cremation of Human Remains Act and rules and regulations adopted and promulgated under the act. Such provisional license shall be valid for a period of up to one year, shall not be renewed, and may be converted to a regular license upon a showing that the crematory authority fully complies with the requirements for licensure under the act and rules and regulations.Source Laws 2003, LB 95,  8. 
71-1363.  Licensure; fees.(1) The fee for an initial or renewal license as a crematory authority shall include a fee determined by the department in rules and regulations.(2) If the license 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.(3) The department shall collect the same fee as provided in subsection (1) of this section for reinstatement of a license that has lapsed or has been suspended. The department shall collect a fee of ten dollars for a duplicate original license.(4) The department shall collect a fee of twenty-five dollars for a certified statement that a crematory authority is licensed in this state and a fee of five dollars for verification that a crematory authority is licensed in this state.(5) The department shall adopt and promulgate rules and regulations for the establishment of fees under the Cremation of Human Remains Act.(6) The department shall collect fees authorized under the act and shall remit such fees to the State Treasurer for credit to the Health and Human Services Cash Fund. Such fees shall only be used for activities related to the licensure of crematory authorities.Source  Laws 2003, LB 95,  9;  Laws 2007, LB296,  470;  Laws 2007, LB463,  1189. 
71-1364.  Department; inspection; report; duties; noncompliance; procedure.(1) The department may inspect or provide for the inspection of any crematory operated by a crematory authority licensed under the Cremation of Human Remains Act in such manner and at such times as provided in rules and regulations adopted and promulgated by the department.(2) The department shall issue an inspection report and provide a copy of the report to the crematory authority within ten working days after the completion of an inspection. The department shall review any findings of noncompliance contained in such report within twenty working days after such inspection.(3) If the department determines, after such review, that the evidence supports a finding of noncompliance by a crematory authority with any applicable provisions of the Cremation of Human Remains Act or rules and regulations adopted and promulgated under the act, the department may send a letter to the crematory authority requesting a statement of compliance. The letter shall include a description of each alleged violation, a request that the crematory authority submit a statement of compliance within ten working days, and a notice that the department may take further action if the statement of compliance is not submitted. The statement of compliance shall indicate any actions by the crematory authority which have been or will be taken and the period of time estimated to be necessary to correct each alleged violation. If the crematory authority fails to submit such statement of compliance or fails to make a good faith effort to correct the alleged violations, the department may take further action as provided in sections 71-1366 to 71-1369.Source Laws 2003, LB 95,  10. 
71-1365.  Complaints; department; duties; confidentiality; immunity.(1) Any person may submit a complaint to the department and request investigation of an alleged violation of the Cremation of Human Remains Act or rules and regulations adopted and promulgated under the act. The department shall review all complaints and determine whether to conduct an investigation relating to such complaints.(2) A complaint submitted to the department under this section shall be confidential. A person submitting such complaint shall be immune from criminal or civil liability of any nature, whether direct or derivative, for submitting the complaint or for disclosure of documents, records, or other information to the department relating to such complaint.Source Laws 2003, LB 95,  11. 
71-1366.  Imminent danger; department; powers.(1) If the director determines that a crematory authority is operating a crematory so as to create an imminent danger of death or serious physical harm to persons employed at or in proximity to such crematory, he or she may order the temporary suspension or temporary limitation of the license of the crematory authority and may order the temporary closure of the crematory pending further action by the department. A hearing shall be held by the department no later than ten days after the date of such order. The department shall also simultaneously institute proceedings for revocation, suspension, or limitation of the license of the crematory authority.(2) A continuance of the hearing under subsection (1) of this section shall be granted by the department upon written request from the crematory authority. Such continuance shall not exceed thirty days.(3) A temporary suspension or temporary limitation order by the director under this section shall take effect when served upon the crematory authority and shall not exceed ninety days. If further action is not taken by the department within such period, the temporary suspension or temporary limitation shall expire.Source Laws 2003, LB 95,  12. 
71-1367.  Deny or refuse to renew license; disciplinary action; grounds.The department may deny or refuse to renew a license under the Cremation of Human Remains Act or take disciplinary action against a crematory authority licensed under the act as provided in section 71-1368 on any of the following grounds:(1) Violation of the Cremation of Human Remains Act or rules and regulations adopted and promulgated under the act;(2) Conviction of any crime involving moral turpitude;(3) Conviction of a misdemeanor or felony under state law, federal law, or the law of another jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony and which has a rational connection with the fitness or capacity of the crematory authority to operate a crematory;(4) Conviction of a violation pursuant to section 71-1371;(5) Obtaining a license as a crematory authority by false representation or fraud;(6) Misrepresentation or fraud in the operation of a crematory; or(7) Failure to allow access by an agent or employee of the Department of Health and Human Services to a crematory operated by the crematory authority for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of such department.Source  Laws 2003, LB 95,  13;  Laws 2007, LB296,  471. 
71-1368.  Disciplinary actions; fine; disposition.(1) The department may impose any one or more of the following types of disciplinary action against a crematory authority licensed under the Cremation of Human Remains Act:(a) A fine not to exceed five hundred dollars per violation;(b) A limitation on the license and upon the right of the crematory authority to operate a crematory to the extent, scope, or type of operation, for such time, and under such conditions as the director finds necessary and proper;(c) Placement of the license on probation for a period not to exceed two years during which the crematory may continue to operate under terms and conditions fixed by the order of probation;(d) Suspension of the license for a period not to exceed two years during which the crematory may not operate; and(e) Revocation and permanent termination of the license.(2) Any fine imposed and unpaid under the Cremation of Human Remains 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 crematory is located. The department shall remit fines to the State Treasurer, within thirty days after receipt, for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.Source  Laws 2003, LB 95,  14;  Laws 2007, LB296,  472. 
71-1369.  Appeal.Any party to a decision of the department under the Cremation of Human Remains Act may appeal such decision. The appeal shall be in accordance with the Administrative Procedure Act.Source Laws 2003, LB 95,  15. Cross References  Administrative Procedure Act, see section 84-920.
71-1370.  License; reinstatement or relicensure.(1) If the license of a crematory authority has lapsed for nonpayment of fees, such license shall be eligible for reinstatement at any time upon application to the department and payment of the applicable fee as provided in section 71-1363.(2) If the license of a crematory authority has been placed on probation, such license shall be eligible for reinstatement at the end of the period of probation upon successful completion of an inspection if the department determines an inspection is warranted.(3) If the license of a crematory authority has been suspended, such license shall be eligible for reinstatement at the end of the period of suspension upon successful completion of an inspection and payment of the applicable fee as provided in section 71-1363.(4) If the license of a crematory authority has been suspended, such license may be reinstated by the department prior to the completion of the term of suspension upon petition by the licensee. After reviewing such petition and any material submitted by the licensee with such petition, the department may order an inspection or investigation of the licensee. Based on such review and such inspection or investigation, if any, the director shall (a) grant full reinstatement of the license, (b) modify the suspension, or (c) deny the petition for reinstatement. The director's decision shall become final thirty days after mailing the decision to the licensee unless the licensee requests a hearing within such period. Any requested hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases.(5) If the license of a crematory authority has been revoked, such crematory authority shall not be eligible for relicensure until five years after the date of such revocation. A reapplication for an initial license may be made by the crematory authority at the end of such five-year period.(6) The department may adopt and promulgate rules and regulations to carry out this section.Source Laws 2003, LB 95,  16. 
71-1371.  Nuisance; abatement; acts prohibited; penalty.(1) Maintaining or operating a crematory in violation of the Cremation of Human Remains Act or any rules and regulations of the department adopted and promulgated under the act is a public nuisance and may be abated as a nuisance as provided by law.(2) It is a Class III misdemeanor to (a) establish, operate, or maintain a crematory subject to the Cremation of Human Remains Act without being licensed as a crematory authority under the act, (b) hold oneself out to the public as a crematory authority without being licensed under the act, or (c) perform a cremation without a cremation authorization form signed by the authorizing agent and a completed permit for transit or cremation as provided by the department or a cremation permit.(3) Signing a cremation authorization form with actual knowledge that the form contains false, incorrect, or misleading information is a Class III misdemeanor.(4) A violation of any other provision of the Cremation of Human Remains Act is a Class III misdemeanor.Source Laws 2003, LB 95,  17. 
71-1372.  Injunction; authorized.The department may maintain an action in the name of the State of Nebraska for an injunction against any person for establishing, operating, or maintaining a crematory without first obtaining a license as a crematory authority under the Cremation of Human Remains Act. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, operate, or maintain a crematory without obtaining a license as a crematory authority under the act, without alleging any further or more particular facts concerning the same.Source Laws 2003, LB 95,  18. 
71-1373.  Cremation; right to authorize.The right to authorize the cremation of human remains and the final disposition of the cremated remains, except in the case of a minor subject to section 23-1824 and unless other directions have been given by the decedent in the form of a testamentary disposition or a pre-need contract, vests pursuant to section 30-2223.Source  Laws 2003, LB 95,  19;  Laws 2007, LB463,  1190;  Laws 2014, LB998,  16. 
71-1374.  Crematory authority; delivery receipt form; duties.(1) A crematory authority upon receiving human remains shall sign a delivery receipt form and shall hold the human remains, prior to cremation, as provided in this section. The form shall include the name of the deceased, the time and date of delivery of such remains, and the signatures of the owner of the crematory or his or her representative and the funeral director or his or her representative.(2) If a crematory authority is unable to cremate the human remains immediately upon taking receipt thereof, the crematory authority shall place the human remains in a holding facility. A holding facility shall be designed and constructed to (a) comply with all applicable public health laws, (b) provide for the health and safety of persons employed at such facility, and (c) prevent any unauthorized access to such facility.(3) A crematory authority may refuse to accept for holding an alternative container or casket from which there is any evidence of leakage of the body fluids from the human remains in the container.(4) If human remains received by the crematory authority are not embalmed, such remains shall be held no longer than twenty-four hours from the time of death unless the human remains are placed within a refrigerated facility in accordance with the laws of this state.Source Laws 2003, LB 95,  20. 
71-1375.  Crematory operation; limitations.(1) No person shall be permitted in a crematory, unless authorized by the crematory authority, while any human remains are in the crematory awaiting cremation, being cremated, or being removed from the cremation chamber.(2) The human remains of more than one person shall not be simultaneously cremated within the same cremation chamber unless the crematory authority has received specific written authorization from the authorizing agent for the human remains to be so cremated.Source Laws 2003, LB 95,  21. 
71-1376.  Crematory authority; operation; requirements.(1) A crematory authority shall not accept human remains for cremation without a proper label indicating the name of the deceased and the name and location of the funeral establishment placed on the exterior of the alternative container or casket.(2) No crematory authority shall make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket. No crematory authority shall refuse to accept human remains for cremation if the human remains are not in a casket.(3) No crematory authority shall accept human remains for cremation unless the human remains are delivered to the crematory authority in an alternative container or casket or delivered to the crematory authority's holding facility to be placed in an alternative container or casket. Human remains delivered to a crematory in an alternative container shall not be removed from the alternative container, and the alternative container shall be cremated with the human remains. A crematory authority may refuse (a) a noncombustible casket or any other container that is not an alternative container or (b) a casket or container that is not labeled as required under subsection (1) of this section.(4) An alternative container shall:(a) Be composed of readily combustible materials suitable for cremation;(b) Be able to be closed to provide for complete encasement of the human remains;(c) Be resistant to leakage or spillage;(d) Be rigid enough for easy handling; and(e) Provide protection for the health and safety of persons handling such container.Source Laws 2003, LB 95,  22. 
71-1377.  Cremation authorization form; required; contents.(1) A crematory authority shall not cremate human remains until it has received:(a) A cremation authorization form as provided in subsection (2) of this section;(b) A completed and executed permit for transit or cremation as provided by the department or the appropriate cremation permit from the state from which the human remains were delivered, indicating that the human remains are to be cremated; and(c) A delivery receipt form.(2) A cremation authorization form shall be signed by the authorizing agent and shall include, but not be limited to, the following information:(a) The name of the deceased;(b) Date and place of death;(c) The identity of the funeral director involved in the preparation of the human remains for cremation, if any;(d) Notification that the death did or did not occur from a disease declared by the department to be infectious, contagious, communicable, or dangerous to the public health;(e) The name of the authorizing agent and the relationship between the authorizing agent and the deceased;(f) Authorization by the authorizing agent for the crematory authority to cremate the human remains;(g) A representation that the authorizing agent is aware of no objection to the human remains being cremated by any person who has a right to control the disposition of the human remains;(h) A representation that the human remains do not contain any material, implants, or conditions that may be potentially hazardous to equipment or persons performing the cremation;(i) The name of the person authorized to claim the cremated remains from the crematory authority; and(j) The intended disposition of the cremated remains.(3) A crematory authority shall retain, for at least seven years after the cremation, in printed or electronic format, copies of the cremation authorization form, permit for transit or cremation as provided by the department or cremation permit, cremated remains receipt form, delivery receipt form, and any other records required under the Cremation of Human Remains Act.Source Laws 2003, LB 95,  23. 
71-1378.  Cremation authorization form; signature.(1) Any person signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth on such form, including the identity of the deceased whose remains are sought to be cremated and the authority of the person to authorize such cremation. Any person signing a cremation authorization form is personally liable for all damages resulting from false, incorrect, or misleading information contained on such form.(2) A crematory authority may cremate human remains upon the receipt of a cremation authorization form signed by an authorizing agent and a completed and executed permit for transit or cremation or cremation permit as required by law.Source Laws 2003, LB 95,  24. 
71-1379.  Potentially hazardous implant or condition; jewelry or other valuables; requirements.(1) No human remains shall be cremated with the knowledge that the human remains contain a pacemaker or defibrillator or other potentially hazardous implant or condition. The authorizing agent shall take all necessary steps to ensure that any such hazardous implant or condition is removed or corrected prior to cremation. If an authorizing agent informs the funeral director and the crematory authority on the cremation authorization form of the presence of such potentially hazardous implant or condition in the human remains, the funeral director shall ensure that all necessary steps have been taken to remove or correct the implant or condition before delivering the human remains to the crematory. A funeral director who knowingly fails to ensure the removal or correction of the hazardous implant or condition prior to delivery and who knowingly delivers such human remains shall be liable for any damages resulting from such failure. If human remains with hazardous implants or conditions are in the custody of a crematory authority, such authority shall have the hazardous implants or conditions removed or corrected by a licensed funeral director and embalmer or a licensed embalmer at a funeral establishment within an embalming preparation room or at a medical facility by appropriate medical personnel.(2) No human remains shall be cremated with the knowledge that the human remains contain jewelry or other valuables. The authorizing agent shall take all necessary steps to ensure that any jewelry or other valuables are removed prior to cremation. If an authorizing agent informs the funeral director and the crematory authority on the cremation authorization form of the presence of jewelry or other valuables on the human remains, the funeral director shall ensure that all necessary steps have been taken to remove the jewelry or other valuables before delivering the human remains to the crematory. A funeral director who knowingly fails to ensure the removal of the jewelry or other valuables prior to delivery and who knowingly delivers such human remains shall be liable for any damages resulting from such failure. If human remains with jewelry or other valuables are in the custody of a crematory authority, such authority shall provide for the removal of such jewelry or other valuables by a licensed funeral director and embalmer or his or her agent.Source Laws 2003, LB 95,  25. 
71-138.  Transferred to section 38-137.
71-1380.  Dispute; crematory authority or funeral establishment; powers and duties.(1) If a crematory authority or funeral establishment (a) is aware of any dispute concerning the cremation of human remains or (b) has a reasonable basis to believe that such a dispute exists or to question any of the representations made by the authorizing agent with respect to such remains, until the crematory authority receives a court order that a dispute with respect to such remains has been settled, the crematory authority or funeral establishment may refuse to accept such human remains for cremation or to perform a cremation of such remains.(2) If a crematory authority or funeral establishment is aware of any dispute concerning the release or disposition of cremated remains, the crematory authority or funeral establishment may refuse to release cremated remains until the dispute has been resolved or the crematory authority or funeral establishment has been provided with a court order authorizing the release or disposition of the cremated remains.Source Laws 2003, LB 95,  26. 
71-1381.  Cremated remains; how treated.(1) Insofar as is possible, upon completion of the cremation, all of the recoverable residue of the cremation shall be removed from the cremation chamber and any foreign matter or anything other than bone fragments shall be removed from such residue and shall be disposed of by the crematory authority. The remaining bone fragments shall be processed by pulverization so as to reduce the fragments to unidentifiable particles. This subsection shall not apply when the commingling of human remains during cremation is otherwise authorized by law. The presence of incidental and unavoidable residue in the cremation chamber from a prior cremation is not a violation of this subsection.(2) The cremated remains with proper identification shall be placed in a temporary container or permanent container selected or provided by the authorizing agent. The cremated remains shall not be contaminated with any other object unless specific written authorization to the contrary has been received from the authorizing agent.(3) If the entirety of the cremated remains will not fit within a temporary container or permanent container, then the remainder of such remains shall be returned to the authorizing agent or his or her representative in a separate container with proper identification.(4) If the cremated remains are to be shipped, the temporary container or permanent container shall be packed securely in a suitable shipping container that complies with the requirements of the shipper. Unless otherwise directed in writing by the authorizing agent, cremated remains shall be shipped only by a method which includes an internal tracking system and which provides a receipt signed by the person accepting delivery of such remains.Source Laws 2003, LB 95,  27. 
71-1382.01.  Cremated remains; veteran or spouse or dependent of veteran; procedures; final disposition; records; immunity.(1)(a) If the authorizing agent or his or her representative has not directed or otherwise arranged for the final disposition of cremated remains or claimed cremated remains for final disposition as provided in section 71-1382, the crematory authority or funeral establishment may provide information regarding the unclaimed remains to the United States Department of Veterans Affairs, the Nebraska Department of Veterans' Affairs, or a veterans service organization and request that the department or the veterans service organization working with the department:(i) Determine if, based on the information received, the unclaimed cremated remains are those of a veteran or the spouse or dependent of a veteran; and(ii) Verify if the decedent is eligible for burial in a veteran cemetery.(b) The information provided to the department may include a copy of the person's death certificate, the person's name, date of birth, place of birth, date of death, marriage certificate, social security number, military service number, branch of service, or military rank on date of death, or the Department of Defense Form 214, also known as the DD Form 214, or its successor form or record.(c) The information submitted by the crematory authority or funeral establishment to the Nebraska Department of Veterans' Affairs shall not be considered a public record for purposes of sections 84-712 to 84-712.09.(2) If the crematory authority or funeral establishment receives notification of a determination by the United States Department of Veterans Affairs or the Nebraska Department of Veterans' Affairs that the unclaimed cremated remains are those of a veteran or the spouse or dependent of a veteran and such person is eligible for burial in a veteran cemetery, then the crematory authority or funeral establishment may relinquish control of such remains to a veterans service organization or a designated member or employee of such organization.(3)(a) The veterans service organization shall provide disposition of the remains of such veteran or the spouse or dependent of a veteran with a funeral at a veteran cemetery after:(i) The veterans service organization has made reasonable efforts to locate the authorizing agent to notify him or her of the veterans service organization's intent to claim the cremated remains for the purpose of providing disposition in accordance with this section;(ii) The cremated remains of such veteran or the spouse or dependent of a veteran have been in the possession of the veterans service organization for a period of at least one year; and(iii) No attempt has been made to claim the unclaimed cremated remains by the authorizing agent within such one-year period.(b) The veterans service organization may provide disposition of cremated remains by placement in a tomb, mausoleum, crypt, or columbarium in a veteran cemetery or by burial in a veteran cemetery but shall not scatter the cremated remains.(4) If the crematory authority or funeral establishment relinquishes control of the unclaimed cremated remains to a veterans service organization, it shall:(a) Establish and maintain a record identifying the veterans service organization receiving the remains; and(b) Retain such record for five years from the date of transfer of the remains to the veterans service organization.(5) A crematory operator, funeral director, crematory authority, funeral establishment, or veterans service organization shall not be liable for the disposition of cremated remains in accordance with this section unless there is negligence or misconduct.Source  Laws 2015, LB146,  4;  Laws 2018, LB497,  3.  
71-1382.  Cremated remains; final disposition.(1) For purposes of the Cremation of Human Remains Act, the delivery of the cremated remains to the authorizing agent or his or her representative shall constitute final disposition. If, after a period of sixty days after the date of cremation, the authorizing agent or his or her representative has not directed or otherwise arranged for the final disposition of the cremated remains or claimed the cremated remains for final disposition as provided in this section, the crematory authority or the funeral establishment in possession of the cremated remains may dispose of the cremated remains after making a reasonable attempt to contact the authorizing agent or his or her representative. This method of disposition may be used by any crematory authority or funeral establishment to dispose of all cremated remains in the possession of a crematory authority or funeral establishment on or after August 31, 2003.(2)(a) Cremated remains shall be delivered or released by the crematory authority or funeral establishment to the representative specified by the authorizing agent on the cremation authorization form.(b) If the crematory authority or funeral establishment has documentation that the cremated remains are those of a veteran or the spouse or dependent of a veteran who did not desire any funeral or burial-related services or ceremonies recognizing his or her service as a veteran and the authorizing agent or his or her representative has not directed or otherwise arranged for the final disposition or claimed the remains after such sixty-day period, the crematory authority or funeral establishment may dispose of the remains.(c) If the crematory authority or funeral establishment (i) has no information whether the cremated remains are those of a veteran or the spouse or dependent of a veteran or (ii) has information that the cremated remains are those of a veteran or the spouse or dependent of a veteran but no information on whether such veteran desired a service recognizing his or her service as a veteran, the crematory authority or funeral establishment may use the process provided in section 71-1382.01 to relinquish control of such cremated remains.(d) The owner of the crematory authority or his or her representative and the party receiving the cremated remains shall sign a cremated remains receipt form. The form shall include the name of the deceased, the date, time, and place of receipt of the cremated remains, and the signatures of the owner of the crematory or his or her representative and the authorizing agent or his or her representative. If the cremated remains are shipped, a form used by the shipper under subsection (4) of section 71-1381 may be used in lieu of a completed cremated remains receipt form if the shipper's form contains the information required for a cremated remains receipt form. Both the party delivering such remains and the party receiving such remains shall retain a copy of the cremated remains receipt form or shipper's form. Upon delivery, the cremated remains may be further transported within this state in any manner without a permit.Source  Laws 2003, LB 95,  28;  Laws 2015, LB146,  3.  
71-1383.  Rules and regulations.The department may adopt and promulgate rules and regulations to implement the Cremation of Human Remains Act, to include, but not be limited to, rules and regulations establishing conditions under which human remains of persons whose death was caused by a disease declared by the department to be infectious, contagious, communicable, or dangerous to the public health may be transported in this state to a crematory for the purpose of cremation, and minimum sanitation standards for all crematories.Source Laws 2003, LB 95,  29. 
71-1384.  Crematory authority; bylaws.A crematory authority may enact reasonable bylaws not inconsistent with the Cremation of Human Remains Act for the management and operation of a crematory operated by such authority. Nothing in this section shall prevent a crematory authority from enacting bylaws which contain more stringent requirements than those provided in the act.Source Laws 2003, LB 95,  30. 
71-1385.  Act; how construed.The Cremation of Human Remains Act shall be construed and interpreted as a comprehensive cremation law, and the provisions of the act shall take precedence over any existing laws or rules and regulations that govern human remains that do not specifically address cremation.Source Laws 2003, LB 95,  31. 
71-1405.  Medically handicapped child; birth; duty of attendant to report.(1) Within thirty days after the date of the birth of any child born in this state with visible congenital deformities, the physician, certified nurse midwife, or other person in attendance upon such birth shall prepare and file with the Department of Health and Human Services a statement setting forth such visible congenital deformity. The form of such statement shall be prepared by the department and shall be a part of the birth report furnished by the department.(2) For purposes of this section, congenital deformities include a cleft lip, cleft palate, hernia, congenital cataract, or disability resulting from congenital or acquired heart disease, or any congenital abnormality or orthopedic condition that can be cured or materially improved. The orthopedic condition or deformity includes any deformity or disease of childhood generally recognized by the medical profession, and it includes deformities resulting from burns.Source   Laws 1937, c. 190,  5, p. 755;   Laws 1941, c. 139, 1, p. 549;   C.S.Supp.,1941,  71-3405;   R.S.1943,  71-1405;  Laws 1996, LB 1044,  563;  Laws 1997, LB 307,  169;  Laws 2002, LB 93,  6;  Laws 2005, LB 256,  35;  Laws 2007, LB296,  473. Cross References  Birth defects, reports, see section 71-648.
71-145.  Transferred to section 38-125.
71-147.01.  Transferred to section 38-1,128.
71-147.02.  Transferred to section 38-183.
71-147.  Transferred to section 38-178.
71-148.  Transferred to section 38-179.
71-149.  Transferred to section 38-144.
71-15,100.  Certificate of appointment or reappointment.A certificate of the appointment or reappointment of any commissioner shall be filed with the secretary or clerk of the governing body making or confirming the appointment or reappointment, and such certificate shall be conclusive evidence of the proper appointment of such commissioner.Source Laws 1999, LB 105,  29. 
71-15,101.  Commissioner; qualifications; requirements.Every commissioner shall be a resident of the area of operation of the housing agency which he or she has been appointed to serve. However, if after appointment a commissioner ceases to reside in the local housing agency's area of operation, his or her term of office shall automatically terminate and a successor shall be appointed to fill such vacancy in the manner provided in sections 71-1594 to 71-15,105. Any commissioner who ceases to reside within the area of operation of the local housing agency in which such commissioner serves shall immediately so inform the board of commissioners of the agency and the appointing authority of his or her change in residence. No person who has been convicted of a felony shall be eligible for appointment or service as a commissioner.Any commissioner of a local housing agency for a city of the metropolitan class shall, at the expense of the local housing agency, attain a commissioner's certification from the National Association of Housing and Redevelopment Officials, or equivalent certification from a nationally recognized professional association in the housing and redevelopment field as determined by the local housing agency, within twelve months after the date of appointment or by December 31, 2019, whichever is later, or shall be deemed to have resigned his or her position effective at the end of that time.Source  Laws 1999, LB 105,  30;  Laws 2018, LB399,  3.  
71-15,102.  City of the metropolitan class; commissioner; requirements.In the case of a city of the metropolitan class, (1) at least one commissioner shall be a member of a racial minority and (2) at least one commissioner shall have experience in the following professions: (a) Real estate development or management; (b) accounting, banking, or finance; and (c) law or business management. A single commissioner may satisfy more than one of the requirements provided in subdivisions (2)(a) through (c) of this section.Source  Laws 1999, LB 105,  31;  Laws 2018, LB304,  1;  Laws 2018, LB399,  4. 
71-15,103.  Commissioner; city representative; required; when.The governing body of any city other than a city of the metropolitan class in which a housing agency has been or may be created may appoint one of its members to serve as one of the five commissioners of such housing agency for such term as the governing body may determine. Notwithstanding any other provision of the Nebraska Housing Agency Act, it shall not be considered a conflict of interest if such person so appointed as a commissioner votes on any matter involving the city. If the governing body of the city intends that a commissioner's appointment is made with the intention that such commissioner represent the city, then his or her certificate of appointment shall so state. If any such commissioner so appointed and designated ceases to serve as a member of the governing body of a city, then his or her term of office shall automatically terminate and a successor shall be appointed to fill the vacancy in the manner provided in sections 71-1594 to 71-15,105.Source  Laws 1999, LB 105,  32;  Laws 2018, LB399,  5.  
71-15,104.  Resident commissioner; selection; procedure.(1) Each housing agency created under the Nebraska Housing Agency Act shall include among the commissioners constituting the governing body of such local housing agency at least one commissioner who shall be known as a resident commissioner. For purposes of this section, resident commissioner means a member of the governing board of a local housing agency whose eligibility for membership is based upon such person's status as a recipient of direct assistance from the agency except as otherwise provided in this section.(2) No later than thirty days after any vacancy in the office of a resident commissioner, the local housing agency shall notify any resident advisory board or other resident organization and all adult persons directly assisted by such agency to the effect that the position of resident commissioner is open and that if any such person is interested in being considered as a candidate for the position, such person should notify the local housing agency within thirty days of the person's willingness to be considered and to serve in the position.(3) The resident commissioner shall be selected, either by an election or by appointment, as follows:(a) The housing agency may hold an election, allowing each adult direct recipient of its assistance to vote by secret written ballot, at such time and place, or through the mail, as such agency may choose, all to be conducted within thirty days after the receipt of names of candidates as provided in subsection (2) of this section. The candidate receiving the most votes shall serve as resident commissioner;(b) If the housing agency decides not to hold an election, the names of all persons interested who have notified the housing agency of their interest in so serving shall be forwarded to the mayor or to the county board, as the case may be, and the resident commissioner shall be appointed from the list of names, as provided in section 71-1594, subject to confirmation as provided in section 71-1596. In the case of a regional housing agency, the regional board of commissioners shall make such an appointment from among the persons interested in such position; and(c) If no qualified person has submitted to the local housing agency his or her name as a candidate for the position, then the mayor, county board, or regional housing agency, as the case may be, shall fill the position from among all adult persons receiving direct assistance from the agency subject to confirmation, in the case of cities and counties, pursuant to section 71-1596. If a local housing agency owns fewer than three hundred low-income housing units which, for purposes of this subdivision, does not include units of housing occupied by persons assisted under any rental assistance program and the housing agency has received no notification of interest in serving as a resident commissioner as provided in this section, no resident commissioner shall be required to be selected.Source  Laws 1999, LB 105,  33;  Laws 2018, LB399,  6.  
71-15,105.  Commissioner; removal; procedure.(1) A commissioner of a local housing agency may be removed for neglect of duty, misconduct in office, or conviction of any felony by the chief elected official of the city or county appointing the commissioner, or if no chief elected official exists, then by the governing body. A commissioner of a regional housing agency may be removed for any of such grounds by the governing body of the city or county that originally appointed the commissioner.(2) The chief elected official or the governing body, as the case may be, which seeks to remove a commissioner shall send a notice of removal to such commissioner, which notice shall set forth the charges against him or her. Unless within ten days from the receipt of such notice the commissioner files with the clerk or secretary of the city's or county's governing body a request for a hearing before the governing body, the commissioner shall be deemed removed from office. If a request for hearing is so filed, the governing body of the city or county, as the case may be, shall hold a hearing not sooner than ten days after the date a hearing is requested, at which hearing the commissioner shall have the right to appear in person or by counsel and the governing body shall determine whether the removal shall be upheld. If the removal is not upheld by the governing body, the commissioner shall continue to hold his or her office.(3) All actions taken by a board of commissioners shall be presumed valid unless otherwise shown by clear and convincing evidence.Source Laws 1999, LB 105,  34. 
71-15,106.  Officers; executive director; employees.The commissioners of each housing agency shall elect a chairperson and vice-chairperson from among the commissioners and shall have power to employ an executive director who shall serve as ex officio secretary of the local housing agency. The agency may also employ legal counsel or engage the attorney of the city or county served by the agency for such legal services as the agency may require unless such employment or engagement will result in an ethical or legal violation. The agency may employ accountants, appraisers, technical experts, and such other officers, agents, and employees as the agency may require and shall determine their qualifications, duties, compensation, and terms of office. A local housing agency may delegate to one or more of its agents or employees such powers and duties as it may deem proper.Source Laws 1999, LB 105,  35. 
71-15,107.  Commissioner; expenses.A commissioner shall receive no compensation for his or her services but shall be entitled to reimbursement for necessary expenses, including travel expenses, incurred in connection with the discharge of his or her duties on the same basis as provided in sections 81-1174 to 81-1177.Source Laws 1999, LB 105,  36. 
71-15,108.  Local housing agency; dissolution; conditions.Any local housing agency may by written resolution elect to dissolve, except that no such dissolution or any transfer of property pursuant to dissolution shall occur unless the following conditions are met:(1) The governing body of the city or county which established the local housing agency so dissolving has consented thereto;(2) The dissolving agency has designated another local housing agency or another city, county, or public agency of this state, which may be the city or county for which the agency was formed, as the transferee of its assets and liabilities in dissolution;(3) The local housing agency, city, county, or other public agency receiving such property or assets and the political subdivision which established it consent thereto by resolution or ordinance; and(4) All obligees of bonds or other evidences of indebtedness of such transferring or dissolving agency or the trustees for such obligees or the federal government if the bonds or other obligations are secured by any contract right pursuant to a contract between the transferring agency and the federal government have consented thereto in writing or as otherwise provided in the contracts. No such transfer shall in any way diminish or impair the obligations of any transferring agency.Source Laws 1999, LB 105,  37. 
71-15,109.  Local housing agency; dissolution; transfer of rights, property, and liability.Within a reasonable time subsequent to approval by all necessary parties of a local housing agency's resolution to dissolve, the agency shall transfer its assets and liabilities to the transferee designated in the resolution. Upon the transfer of any of the agency's property, the receiving local housing agency, city, county, or other public agency shall have all right, title, and interest in and to such property and all duties and obligations arising out of the transfer of such property as the transferring agency had. Upon dissolution and transfer, all rights, contracts, agreements, obligations, and property, real and personal, of such transferring agency shall be in the name of, and vest in, such receiving local housing agency, city, county, or other public agency and all obligations of such transferring local housing agency shall be the obligations of such receiving local housing agency, city, county, or other public agency. All rights and remedies of any person against such transferring local housing agency may be asserted, enforced, and prosecuted against such receiving local housing agency, city, county, or other public agency to the same extent as they might have been asserted, enforced, and prosecuted against such transferring local housing agency.Source Laws 1999, LB 105,  38. 
71-15,110.  Local housing agency; dissolution; effect on area of operation.After any dissolution and transfer, notwithstanding anything contained in section 71-1588, the area of operation of the receiving local housing agency shall include, nonexclusively, the area of operation of the transferring local housing agency.Source Laws 1999, LB 105,  39. 
71-15,111.  Regional housing agency; dissolution; procedure.A regional housing agency desiring to dissolve may do so in the same manner as provided in sections 71-15,108 and 71-15,109, except that consent of all participating cities and counties shall be required and the transfer of property and assets of the regional housing agency upon dissolution may be effected either to a single transferee or to multiple transferees, as the agency shall determine, subject to approval by the participating political subdivisions.Source Laws 1999, LB 105,  40. 
71-15,112.  Local housing agency; general powers.(1) A local housing agency shall possess all powers necessary, convenient, or desirable in carrying out the purposes of the Nebraska Housing Agency Act, exercising any power provided in the act, and engaging in any activity related to furthering the purposes of the act. Such powers shall include, but shall expressly not be limited to, the powers enumerated in this section and section 71-15,113 or stated elsewhere in the act or in other applicable law.(2) The powers enumerated in the act may be exercised singly or in any combination. The enumeration of any power shall not require, expressly or by implication, that any local housing agency is required to exercise such power.Source Laws 1999, LB 105,  41. 
71-15,113.  Local housing agency; powers enumerated.In addition to any other express, constructive, or implied powers existing under applicable law, a local housing agency shall have the following powers, which may be exercised singly or in any combination, the enumeration of which shall not be construed to limit the powers of any local housing agency to the powers so enumerated:(1) To have perpetual existence unless terminated by proper authority as provided by law;(2) To sue and, subject to the limitations, privileges, and immunities provided by applicable law, be sued;(3) To adopt a seal and to alter such seal from time to time;(4) To adopt, amend, repeal, and restate bylaws;(5) To adopt, promulgate, and enforce rules and regulations related to carrying out the purposes of the local housing agency and exercising its powers and to amend or repeal such rules and regulations from time to time;(6) To enter into, execute, and perform contracts, instruments, and agreements of every kind and description within or without its area of operation except where otherwise expressly provided in furtherance of the purposes of the Nebraska Housing Agency Act and in connection with the exercise of any of its powers;(7) To issue bonds and other debt instruments as provided in sections 71-15,114 to 71-15,121 and to secure the repayment of such bonds and debt instruments as provided in subdivision (24) of this section;(8) Subject to the limitations elsewhere provided in the act, to guarantee any indebtedness or performance of any controlled affiliates or other public bodies of this state. The housing agency shall not guarantee the indebtedness or performance of any other party, except that the housing agency may create a special limited fund for the purposes provided in section 71-15,131;(9) To enter into and perform interagency and intergovernmental agreements of every kind and description; and to act in consortium with, as agent or manager for, or pursuant to agreement or contract with other local housing agencies and any and all state, federal, and local public agencies to carry out the purposes of the act and to exercise any of its powers;(10) To form and operate nonprofit corporations and other affiliates of every kind and description, which may be wholly or partially owned or controlled, for carrying out the purposes of the act and in connection with the exercise of any of the powers of a local housing agency;(11) To enter into agreements of every kind and description in furtherance of the purposes of the act and in connection with the exercise of any of the powers of a local housing agency. Consistent with the limitations upon their powers set forth in sections 71-15,122 to 71-15,129, local housing agencies may participate in agreements with persons and for-profit entities whose purpose is solely that of pecuniary gain, as well as with nonprofit entities and persons who seek no pecuniary gain. The participation of a local housing agency in any arrangement with other persons or entities, including for-profit persons and entities, shall not cause any activity engaged in by the agency to be characterized as proprietary nor deprive the agency of any privilege or immunity otherwise existing under law;(12) Pursuant to approval of the local housing agency's board of commissioners, acting through one or more of its commissioners or other designees, to conduct examinations and investigations with respect to any matter relating to the purposes of the act and to make available to public agencies and officials and the public all findings, conclusions, and recommendations resulting from such examinations and investigations; to subpoena and compel the attendance of witnesses and the production of documents, books, records, papers, electronic and other data, and things; to issue commissions for the examination of witnesses who are outside this state, are unable to attend a hearing, or are excused from such attendance and to issue commissions for the examination of documents, books, records, papers, electronic and other data, and things outside this state; and to administer oaths and receive sworn or unsworn testimony or other proofs at public or nonpublic hearings;(13) To invest or cause to be invested any funds held as reserves or sinking funds and any sums not required for immediate disbursement in connection with the operations of the agency, its developments, and its programs in property or securities in any manner allowable by law with respect to funds of this state or any public agency of this state, except that if any funds are pledged as security for a debt and the debt or security instrument specifies the permitted investments, such debt or security instrument provision shall control the permitted investments of such funds; to cooperate with this state or any public agency of this state with respect to investing the housing agency's funds; to enter into agreements and contracts with respect to the investment of its funds upon such terms and conditions as the agency deems reasonable and appropriate; and to purchase the agency's own bonds or other securities at such price as the agency shall in its discretion determine to be acceptable, except that no funds of an agency shall be placed in investments which the agency believes at the time of investment are highly speculative or involve a high degree of foreseeable risk;(14) To conduct studies, assessments, and analyses of living conditions and affordable housing and community development and redevelopment needs and the means and methods through which unsatisfactory living conditions may be improved and affordable housing and community development and redevelopment needs may be met; to participate in the planning processes conducted by units of local government having jurisdiction over the agency's area of operation and to make recommendations with respect to the provision of decent, safe, and sanitary dwelling accommodations to persons of eligible income and the improvement of the social and economic conditions affecting such persons; to evaluate the supply and adequacy of financing available for the development and rental of affordable housing and for the purchase of decent, safe, and sanitary dwelling accommodations by persons of eligible income; and to identify the means and methods through which adequate sources of financing for such purposes may be developed and maintained;(15) To plan, prepare, carry out, develop, construct, acquire, improve, reconstruct, renovate, rehabilitate, enlarge, reduce, alter, manage, own, lease, and operate housing, housing projects or developments, or any portions of housing projects or developments;(16) To finance an agency's developments, operations, and other activities in such manner, utilizing such public or private source or sources of revenue, and employing such financing methods or techniques as the agency deems appropriate; to combine revenue derived from different sources, including equity investments and borrowings, in any combination and proportion as the agency deems appropriate; and to create and to enter into arrangements concerning mixed-finance developments;(17) To maintain, repair, and replace all housing developments, any portions thereof, and any facilities and improvements contained therein or associated therewith;(18) Subject only to the limitations contained in sections 71-15,122 to 71-15,129, to lease or rent any dwellings, facilities, or other real or personal property owned, controlled, or possessed by the agency, or with respect to which the agency has contractual rights permitting such lease or rental, for such terms, upon such conditions and lease terms, and in exchange for such rentals as the agency may from time to time in its discretion determine; to establish rents in such manner and in such amounts as the agency may deem appropriate, including, but not limited to, rents based upon family income, determined with such adjustments and exclusions as the agency deems appropriate, minimum rents, flat rents, graduated rents, rent ranges, and maximum rents, any of which may vary among the agency's developments; and to establish any other standards and conditions relating to rentals that the agency may deem appropriate;(19) To acquire title, long-term and short-term leasehold interests, possessory rights, options upon, cooperative interests in, or any other interest in or relating to land, dwellings, facilities, or any other real or personal property by purchase, gift, grant, bequest, devise, lease, contract, or any other manner or arrangement; to acquire any such property or any interest therein through the exercise of the power of eminent domain as provided in subdivision (39) of this section; to take over or lease and manage any housing development or undertaking in which a local government or the state or federal government has an interest; and to transfer, donate, sell, lease, exchange, convey, assign, or otherwise dispose of any of its property or any interest therein to any person, organization, or entity, either public or private, nonprofit or for-profit; and in such regard:(a) A local housing agency may sell or lease any real or personal property, or any interest therein, with or without public bidding, as the agency in its sole discretion may deem appropriate. Any acquisition or disposition of property or any interest therein may occur upon such terms and conditions and in exchange for such prices, or without consideration, as the agency shall deem appropriate, if such actions are taken in furtherance of the purposes of the act and subject to the limitations contained in sections 71-15,122 to 71-15,129; and(b) At and subsequent to an acquisition of occupied property, a local housing agency may permit existing tenants therein to remain in occupancy upon such terms and conditions and for such periods as the agency shall deem appropriate, notwithstanding that such tenants do not qualify as persons of eligible income;(20) To develop, acquire, own, lease, and operate properties and facilities that are nonresidential in character which are used (a) for the agency's office, administrative, management, or maintenance purposes or (b) for educational, governmental, or other public purposes by the agency or others;(21) To develop, acquire, own, or lease community facilities and to provide such facilities to any public agency or to any person, agency, institution, or organization, public or private, for recreational, educational, health, or welfare purposes for the benefit and use of the local housing agency, for occupants of its dwelling accommodations, persons of eligible income, or elderly or handicapped persons, or for any combination of the persons listed in this subdivision, and which facilities may also serve the general public and the provision of such community facilities may be with or without charge therefor as in the local housing agency's discretion shall be deemed advisable to promote the public purposes of the act; to operate or manage community facilities itself, or as agent for any public agency, or for any person, institution, or organization, public or private; and to receive compensation therefor, if any, as the parties may agree;(22) To carry out plans, programs, contracts, and agreements of every kind and description and to provide grants, guarantees, and other financial assistance to public or private persons or entities, whether nonprofit or for-profit, in order to rehabilitate, maintain, procure, and preserve existing affordable housing stocks in safe, decent, and sanitary condition and to ensure that they remain affordable to persons of eligible income; in connection therewith, to impose or agree to such terms and conditions concerning the term of affordability and other matters as the local housing agency shall deem appropriate;(23) Subject to the limitations contained in sections 71-15,122 to 71-15,129, to establish and apply such criteria and requirements relating to eligibility for any assistance administered or provided by the agency as the agency shall from time to time determine to be necessary, appropriate, or desirable, including, without limitation, criteria and requirements relating to income, work, or employment, child care, education, job training, and personal or family self-sufficiency; in addition to establishing eligibility, to utilize such criteria and requirements for determining the amount and duration of any assistance to be provided to a beneficiary of such assistance; to establish such exclusions from income for purposes of determining eligibility as the agency shall deem appropriate; and to adopt and administer lawful preferences which may include preferences for working persons and families;(24) To mortgage, encumber, pledge, convey by trust deed or deed to secure debt, assign, or otherwise grant or consent to a lien or other security interest in, any real or personal property, or any interest therein, owned or held by the agency or in which the agency may hold an interest. Any and all such actions may be taken to provide security for the repayment of borrowed funds, or to secure any guarantee of such repayment or any other performance by the agency, or to secure any payment, guarantee, or performance of any controlled affiliate of the agency in furtherance of the purposes of the act. Any such action shall be upon such terms and conditions as the agency shall in its discretion from time to time determine. The terms and conditions of any mortgage or other instrument granting or consenting to a security interest in property of a local housing agency may include any and all provisions that are deemed necessary by the agency. Such terms and conditions may, among other things, contain a power of sale or right of foreclosure in the event of nonpayment or other default thereunder. All actions taken by a local housing agency authorized in this section shall be consistent with the requirements of section 71-15,130 and shall comply with the requirements of section 71-15,129, where such requirements are applicable;(25) Subject to the limitations contained in section 71-15,130:(a) With respect to qualifying tenants:(i) To make grants or subsidy payments to such persons;(ii) To act as a guarantor, borrower, fiduciary, or partner in programs which provide financing to such persons;(iii) To make loans for the purpose of assisting such persons to become homeowners or economically self-sufficient when such persons are not otherwise qualified, or need such assistance to become qualified, to borrow from private financial institutions;(iv) To purchase loans made in connection with or encumbering housing for such persons; and(v) To engage in mortgage rate buy-downs to enhance the availability of mortgage financing that is affordable to qualifying tenants;(b) To make loans, including acquisition, development, construction, and rehabilitation loans, long-term mortgage loans, and guarantees, to or for the benefit of (i) affiliates of the housing agency or (ii) persons, firms, partnerships, associations, joint ventures, or corporations, public or private, whether nonprofit or for-profit, in conjunction with loans provided by private financial institutions, for purposes of developing and constructing housing for persons of eligible income, and for mixed-income housing developments;(c) For the benefit of qualifying tenants, to enter into and perform contracts, agreements, and arrangements of every kind and description with banks, thrift institutions, credit unions, mortgage bankers, and other lenders to enhance the supply of:(i) Mortgage financing affordable to such persons; and(ii) Financing for the production of rental and fee-ownership housing for occupancy for such persons;(d) To enter into commitments relating to any action authorized under this subdivision;(e) To charge such fees and impose such repayment terms and other terms and conditions concerning loans, mortgages, guarantees, mortgage subsidies, and other forms of assistance provided by the agency as the agency shall from time to time determine to be necessary or appropriate;(f) To not lend its credit or otherwise act as a guarantor or surety for the indebtedness or performance of any other person or entity, other than its own controlled affiliates and any other public body of this state, unless the housing agency creates a special limited fund for such purpose as provided in section 71-15,131; and(g) To not make loans directly, or indirectly through a controlled affiliate, except as provided in subdivision (25) of this section;(26) To forgive, compromise, or forebear from collecting or enforcing, wholly, partially, temporarily, or permanently, any debt or obligation owed to the local housing agency;(27) To develop, acquire, own, hold, lease, rent, and operate mixed-income developments, subject to the limitations contained in section 71-15,124;(28) To administer rental and relocation assistance programs of every kind and description on its own behalf or for others within its area of operation and, to the extent such agency determines such administration to be feasible, in any area elsewhere in this state (a) with respect to which a local housing agency has not been established or (b) with the consent of any local housing agency established to serve the area in which such assistance would be administered; and in connection with the administration of such assistance, to make payments relating to relocations and rent subsidy payments to persons of eligible income or to others, including landlords, on behalf of persons of eligible income. Rental assistance programs administered by a local housing agency may be tenant-based, in which event the assistance is provided to or for the benefit of the tenant, or such programs may be development-based, in which event the assistance is connected to particular real property;(29) To purchase and maintain in force bonds and insurance of such types and for such purposes as the agency deems appropriate; to pay premiums and charges for all bonds and policies of insurance purchased by the agency, which bonds and policies of insurance benefiting or insuring the agency shall be in such amounts, contain such terms and conditions, provide for such deductibles, be in such form, and be issued by such companies as the agency shall deem appropriate; and to self-insure and to form and participate in consortia, insurance pools, and other organizations owned or operated by housing agencies for the purpose of insuring such agencies, which consortia, pools, or organizations may include units of government or public agencies other than housing agencies. An agency may purchase and maintain insurance covering the liability of any commissioner, officer, employee, or agent of the agency arising in connection with the agency's business or affairs;(30) To indemnify any commissioner, officer, or employee of the agency as provided in sections 71-15,143 and 71-15,144;(31) To provide directly or to contract for, arrange, or cooperate with any person or entity, public or private, including any other public agency, and to utilize its property to provide services or make financial or other contributions of every kind and description to enhance the social and economic well-being of residents of the agency's housing developments and other persons of eligible income; to create and operate accounts for the benefit of persons and families participating in activities and programs for the enhancement of individual and family economic self-sufficiency; and to award scholarships and to conduct or make provision for educational and training programs of every kind and description. Except as otherwise provided in the act, the agency may establish and collect fees or seek reimbursement of costs in connection with the delivery of programs and services;(32) To borrow money or accept grants and other forms of assistance, financial and otherwise, from the local, state, or federal government in connection with any activity or program furthering the purposes of the act; to take all actions necessary to agree to and fully comply with all requirements and conditions of any state or federal program, grant, loan, or program providing services or assistance to the agency, its programs, its properties and housing developments, and the residents of such housing developments; and to perform all responsibilities and obligations of the agency under any contract or agreement with state or federal authorities and imposed by applicable state or federal law and regulation with respect to such state or federal assistance. Without limiting such provisions, a housing agency may:(a) Take over, lease, or manage any development or undertaking constructed or owned by the state, or any public agency thereof, or the federal government;(b) Participate in any plan or program of the state, or any public agency thereof, or the federal government, which provides revenue that may be used for carrying out the purposes of the act, including without limitation any program involving the issuance of bonds, special fees or taxes, or tax credits;(c) Operate and administer any program providing rental assistance for itself or on behalf of others; and(d) Comply with such conditions and enter into such mortgages, trust indentures, leases, agreements, or arrangements as may be necessary, convenient, or desirable for the purposes of this subdivision.It is the purpose and intent of the act to authorize every housing agency to do all things necessary or desirable to secure the financial aid or cooperation of the state and federal governments and their public agencies in the development, maintenance, operation, or disposition of any housing development or other activity undertaken by such housing agency to carry out the purposes of the act;(33) To borrow money and accept grants and other forms of assistance, financial and otherwise, from private persons or entities in furtherance of the purposes of the act; except as otherwise provided under the act, to agree to and comply with all otherwise lawful requirements and conditions attached to the provision of such assistance; to enter into contracts and agreements of every kind and description with private persons and entities, nonprofit or for-profit, to acquire, create, manage, or operate housing developments including, without limitation, mixed-income developments and housing developments benefiting qualifying tenants, to supply services to the residents of such developments, and otherwise to engage in activities furthering the purposes of the act; and to undertake and perform all responsibilities and obligations of the agency under such arrangements as the agency determines to be necessary or desirable in connection therewith, if the same is not expressly prohibited by the provisions of the act;(34) To operate and manage housing developments owned or controlled by other housing agencies or public agencies, or other persons or entities, whether private or public and whether nonprofit or for-profit, if the agency determines that such action will further the purposes of the act; to permit and provide for the operation or management of any development in which the agency holds an interest by a person or entity other than the agency, whether public or private and whether nonprofit or for-profit; to administer any program of, or provide services or assistance on behalf of, another housing agency or other public agency; to permit and provide for the management or administration of any of the agency's programs, assistance, or services by another housing agency or other public agency, or by any other person or entity, whether public or private and whether nonprofit or for-profit; and to enter into and perform contracts and agreements relating to any such management or administration upon such terms and conditions and in exchange for such compensation, if any, as the agency deems appropriate;(35) To construct and operate facilities and programs and to provide services of every kind and description, directly or by contract or agreement with others, for the maintenance of safety and security and the protection of persons and property at or near the agency's developments; and to make, impose, and enforce rules and regulations for such purposes;(36) To assist in the formation and operation of resident organizations, including resident councils, resident management corporations, and other nonprofit entities controlled and operated by residents of the agency's developments; to donate or loan money to such resident organizations in such amounts and upon such terms and conditions as the agency deems appropriate; to enter into and perform contracts, agreements, and arrangements with resident organizations for the management of housing developments and other facilities and properties and for the administration of programs, assistance, or services, and for other activities, all with respect to such matters and upon such terms and conditions as the agency may from time to time deem appropriate; and to enter into partnerships, joint ventures, associations, or other arrangements with resident organizations in furtherance of the purposes of the act. Such activities may include the formation and operation of business enterprises that provide employment and other benefits to residents of the agency's housing developments and others as elsewhere permitted under the act;(37) To develop, acquire, own, renovate, lease, and operate facilities specifically intended to house and otherwise assist homeless persons, including, without limitation, shelters and transitional housing; and to provide other assistance and services to homeless persons. Such housing and other assistance may be provided in such manner, upon such conditions, and for such duration as the local housing agency shall deem appropriate;(38) By itself or in cooperation with others, including participation in a group or groups, to form, administer, operate, and purchase funds or plans, including, but not limited to, health care, health insurance, retirement or pension, and other plans for the benefit of employees of the local housing agency and their families;(39) To acquire real property through the exercise of the power of eminent domain in accordance with Chapter 76, article 7. Such power shall only be exercised by the public housing agency and not any affiliate thereof, and property acquired by the exercise of eminent domain shall be used solely for the purpose of providing housing which is wholly owned by the agency or its wholly owned controlled affiliates. Public property may be so acquired only with the consent of the public agency which owns such property. An agency may acquire property through the exercise of the power of eminent domain notwithstanding that, subsequent to such acquisition but not sooner than five years thereafter, the agency may, if it determines such action to be in furtherance of the purposes of the act, convey the property so acquired, or any interest therein, to others, including private nonprofit or for-profit entities;(40) To expend public funds in any manner related to the exercise of the powers granted to a housing agency under the act and otherwise existing under other applicable law;(41) To join and participate in organizations and associations and to pay the costs, fees, and dues necessary to initiate and maintain such memberships and to participate in the activities of such organizations or associations;(42) To grant, donate, or contribute funds, property, or services to others and to enter into arrangements involving the same in such manner and amount as the agency may deem appropriate if the agency determines that such action will benefit residents or other persons of eligible income or will otherwise further the purposes of the act. A housing agency may not make any grant, donation, or contribution to any candidate for political office, any campaign committee or other organization advocating the election of a political candidate, or any political action committee or other organization whose principal activity involves political action or advocacy; and(43) To establish special or limited funds or reserves as security for or to facilitate or implement any of the powers specified in the act.Source Laws 1999, LB 105,  42. 
71-15,114.  Housing agency; borrow money and issue bonds; liability.(1) A housing agency may borrow money, incur indebtedness, and issue bonds, notes, or other instruments from time to time in its discretion upon such terms and conditions as it shall deem necessary or desirable for any purpose permitted under the Nebraska Housing Agency Act, including paying or retiring debt previously incurred by it. This section, without reference to other statutes of the state, shall constitute full and complete authority for the authorization, issuance, delivery, and sale of bonds, notes, or other instruments under the act, and such authorization, issuance, delivery, and sale by the housing agency shall not be subject to any conditions, restrictions, or limitations imposed by any other law. For purposes of the act, obligations of a housing agency shall include all bonds, notes, or other instruments that are evidences of indebtedness. Such obligations may also include, but not be limited to, borrowings in anticipation of the receipt of proceeds from the sale of bonds, notes, or other instruments.(2) Neither the commissioners of a housing agency nor any person executing the bonds shall be liable personally on any bonds, notes, or other instruments by reason of the issuance thereof.(3) The obligations of a housing agency, including any bonds, notes, or other evidences of indebtedness, shall not be a debt of the city, the county, the state, or any public agency thereof, and the obligations shall so state on their face. Except as the state, a city, a county, or any other public agency shall otherwise expressly agree, and further except as the obligations of a housing agency, duly authorized by such agreement, shall specifically and directly otherwise provide, neither the state nor any city, county, or public agency other than the housing agency issuing the bonds shall be liable thereon, nor shall such bonds or obligations be payable out of any funds or properties other than those of such issuing housing agency pledged to the payment thereof or any guarantor or insurer thereof.(4) The obligations of a housing agency shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.Source Laws 1999, LB 105,  43. 
71-15,115.  Housing agency; obligations; issuance and sale.(1) Obligations of a housing agency shall be authorized by a resolution adopted by a vote of a majority of the board of commissioners.(2) The obligations of an agency, including bonds, notes, and other evidences of indebtedness, may be issued in one or more series and shall bear such dates, mature at such times, bear interest at such fixed or variable rate or rates, be in such denominations, be in such form, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payments and at such places, and be subject to such terms of redemption, with or without premium, as such resolution, its trust indenture, or mortgage may provide.(3) The obligations of an agency, including bonds, notes, and other evidences of indebtedness, may be sold at public or private negotiated sale, without any public advertisement, at par, or at any discount or premium, as the resolution authorizing them provides. A housing agency issuing obligations may enter into such agreements and arrangements with third parties for the marketing of its obligations as it shall deem appropriate.Source Laws 1999, LB 105,  44. 
71-15,116.  Obligations; validity and enforceability.(1) In case any of the representatives of the housing agency whose signatures appear on any obligations cease to be commissioners, officers, or agents of the issuing agency before the delivery of such obligations, the signatures shall nevertheless be valid and sufficient for all purposes, the same as if the representatives had remained in office until delivery. Any law to the contrary notwithstanding, obligations issued pursuant to the Nebraska Housing Agency Act are fully negotiable unless otherwise provided in the resolution authorizing the same.(2) No suit, action, or proceeding involving the validity or enforceability of any obligation of a housing agency may be commenced after delivery of the obligation. In any suit, action, or proceeding involving the validity or enforceability of any obligation of a housing agency or the security therefor, any such obligation reciting in substance that it has been issued by the housing agency to aid in financing a development or activity furthering the purposes of the act is conclusively deemed to have been issued in accordance with the act, and any development financed thereby and with respect to which such recitation is made shall be conclusively deemed to have been planned, located, and constructed in accordance with the act.Source Laws 1999, LB 105,  45. 
71-15,117.  Issuance of obligations or incurring debt; housing agency; powers.In connection with the issuance of obligations or the incurring of debt and in order to secure the payment of such obligations or debt, a housing agency may:(1) Pledge all or any part of its gross or net rents, fees, or revenue to which its right then exists or thereafter comes into existence;(2) Mortgage its real or personal property, then owned or thereafter acquired;(3) Covenant and agree against pledging all or any part of its returns, fees, and revenue, or against mortgaging all or any part of its real or personal property to which its right or title then exists or may thereafter come into existence, or against permitting or suffering any lien on such revenue or property;(4) Covenant and agree with respect to limitations on its right to sell, lease, or otherwise dispose of any development or any part thereof;(5) Covenant and agree as to what other or additional debts or obligations may be incurred by it;(6) Covenant and agree as to the obligations to be issued and as to the issuance of such obligations and as to the use and disposition of the proceeds thereof;(7) Provide for the replacement of lost, destroyed, or mutilated obligations;(8) Covenant and agree against extending the time for the payment of its obligations or interest thereon;(9) Redeem the obligations and covenant for their redemption and provide the terms and conditions thereof;(10) Covenant and agree, subject to the limitations of the Nebraska Housing Agency Act, as to the rents and fees to be charged in the operation of a development or developments, the amount to be raised each year or other period of time by rents, fees, and other revenue, and as to the use and disposition to be made thereof;(11) Create or authorize the creation of special funds for money held for construction or operating costs, debt service, reserves, or other purposes, and covenant as to the use and disposition of the money held in such funds;(12) Prescribe the procedure, if any, by which the terms of any contract with holders of obligations may be amended or abrogated, the minimum required amount of obligations that must be held by holders consenting to an amendment or abrogation in order to authorize the same, and the manner in which such consent may be given;(13) Covenant and agree as to the use, maintenance, and replacement of its real and personal property, the insurance to be carried thereon, and the use and disposition of insurance money;(14) Covenant and agree as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation;(15) Covenant, agree, and prescribe as to events of default and terms and conditions upon which any or all of its obligations become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;(16) Vest in a trustee or trustees or the holders of obligations or any proportion of them the right to enforce the payment of the obligations or any covenants securing or relating to the obligations;(17) Vest in a trustee or trustees the right, in the event of a default by the agency, to take possession of and use, operate, and manage any housing development or part thereof, to collect the rents and revenue arising therefrom, and to dispose of such money in accordance with the agreement of the housing agency with the trustees;(18) Provide for the powers and duties of a trustee or trustees and to limit their liabilities;(19) Provide the terms and conditions upon which the trustee or trustees or the holders of obligations or any proportion of them may enforce any covenant or rights securing or relating to the obligations;(20) Purchase letters of credit, bond insurance, or any other credit enhancement device that would establish or increase marketability of its obligations;(21) Pay its obligations with income, revenue, or loan repayments of the development financed with the proceeds of such obligations, or with such proceeds together with a grant from the federal government, the state, or any public agency thereof, in aid of such development;(22) Exercise all or any part or combination of the powers granted in this section;(23) Make covenants and agreements other than and in addition to the covenants expressly authorized in this section, of like or different character; and(24) Make any covenants and agreements and do any acts and things necessary or convenient or desirable in order to secure its obligations, or, in the absolute discretion of the agency, to assure the marketability of its obligations, although the covenants, acts, or things are not enumerated in this section.Source Laws 1999, LB 105,  46. 
71-15,118.  Obligee; rights.An obligee of a housing agency, in addition to all other rights conferred on the obligee, subject only to any contractual restrictions binding upon the obligee, may:(1) By mandamus or other action or proceeding for legal or equitable remedies, compel the housing agency and its representatives to perform each and every term, provision, and covenant contained in any contract of the housing agency with or for the benefit of such obligee, and require the carrying out of all covenants and agreements of the housing agency and the fulfillment of all duties imposed upon the housing agency by the Nebraska Housing Agency Act; and(2) By action or proceeding, enjoin any acts or things which may be unlawful or which violate any rights of the obligee.Source Laws 1999, LB 105,  47. 
71-15,119.  Obligee; powers conferred.A housing agency, by its resolution, trust indenture, mortgage, lease, or other contract, may in its discretion elect to confer upon any obligee holding or representing a specified amount in bonds or other instruments or holding a lease such rights as the housing agency determines are necessary or desirable in order to generate revenue or which it otherwise deems to be in its best interests and in furtherance of its purposes. Such rights, which shall be exercisable upon the happening of an event of default as defined in such resolution or instrument, are cumulative of all rights otherwise conferred and may, in the agency's discretion, include any one or more of the following rights, which shall be enforceable by suit, action, or proceeding in any court of competent jurisdiction:(1) The right to cause possession of any housing development or any part thereof to be surrendered to an obligee;(2) The right to obtain the appointment of a receiver for any housing development or part thereof and of the rents and profits therefrom. If a receiver is appointed, the receiver may enter and take possession of the housing development or any part thereof and operate and maintain it and collect and receive all fees, rents, revenue, or other charges thereafter arising therefrom and shall keep such money in separate accounts and apply them in accordance with the obligations of the housing agency as the court directs; and(3) The right to require the housing agency to account as if it were the trustee of an express trust.Source Laws 1999, LB 105,  48. 
71-15,120.  Investments in obligations authorized.The state and all public agencies therein, all banks, bankers, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any money or funds belonging to them or within their control in any obligations issued by a housing agency, and such obligations shall be authorized security for all public deposits. It is the purpose of the Nebraska Housing Agency Act to authorize any of such persons to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension, and trust funds and funds held on deposit for the purchase of any such obligations. Nothing contained in the act shall be construed as relieving any person, firm, or corporation from any duty or exercising reasonable care in selecting securities. The provisions of the act shall apply notwithstanding any restrictions on investments contained in other laws.Source Laws 1999, LB 105,  49. 
71-15,121.  Tax status of bonds and other obligations.(1) All bonds, notes, certificates, and other instruments evidencing indebtedness of a housing agency or any controlled affiliate thereof are deemed to be issued for an essential public and governmental purpose and shall be free of taxation of any kind by this state and its public agencies unless the agency issuing such bonds, notes, certificates, or other instruments shall elect that they be taxable. Any such election shall apply only to the specific issue of bonds, notes, certificates, or other instruments with respect to which such election is expressly made.(2) All bonds, notes, certificates, and other instruments evidencing indebtedness or conveying equity participations issued by a local housing agency or any controlled affiliate thereof are deemed to be issued for an essential governmental purpose.(3) A local housing agency may issue bonds, notes, certificates, or other instruments evidencing indebtedness on behalf of others to carry out any purpose authorized by the Nebraska Housing Agency Act.Source Laws 1999, LB 105,  50. 
71-15,122.  Revenue; how treated.The operation of housing developments and the other activities permitted to be undertaken by a local housing agency under the Nebraska Housing Agency Act, and all income, fees, or revenue derived or generated therefrom and belonging to such local housing agency, are for public uses and purposes, are not used or held for profit, and are governmental functions of state concern. No income, fees, or revenue received by a local housing agency, from whatever source, shall be used as a source of revenue for any city or county establishing the local housing agency or for any other public agency, nor shall any net income, fees, or net revenue be considered profit, but all of the same shall be utilized in the furtherance of the maintenance and enhancement of an adequate supply of decent, safe, and sanitary housing that is affordable to persons of eligible income and for other purposes contemplated by the act.Source Laws 1999, LB 105,  51. 
71-15,123.  Establishment of rental rates.A local housing agency shall conduct its affairs in accordance with sound financial and business practices, taking into account the nature of its activities and intended purpose. The agency shall operate its housing developments in a manner calculated to enable the agency to fix rentals for dwelling accommodations for persons of eligible income at low rates consistent with its acting in a fiscally responsible manner and providing affordable, decent, safe, and sanitary dwelling accommodations for such persons. In this regard, a local housing agency may, in connection with establishing rents charged to persons of eligible income, take into account the sums necessary:(1) To pay when due all indebtedness of the agency;(2) To pay all administrative and other costs of operating the agency's developments and programs of assistance;(3) To pay the administrative and other costs of the maintenance, rehabilitation, renovation, repair, and replacement of the agency's developments and other property;(4) To otherwise carry out its purposes under the Nebraska Housing Agency Act, including acquiring or creating additional housing developments and acquiring or improving property for other purposes authorized under the act, including community facilities, mixed-income developments, and all other facilities and developments authorized under the act;(5) To pay the costs of insurance, including the costs of claims, liabilities, losses, and other expenses incurred in connection with any self-insurance program;(6) To provide funds for all required payments in lieu of taxes;(7) To make all payments required under and otherwise fully perform the agency's obligations under any contract, agreement, or arrangement entered into by the agency, including without limitation those required in connection with any partnership or joint venture entered into by the agency;(8) To perform the terms of any commitment or guarantee issued or given by the agency;(9) To provide a reasonable return on the value of the property so as to enable the housing agency to continue to fulfill its duties, including, but not limited to, the acquisition of additional housing developments, land acquisition, and the acquisition or construction of buildings, equipment, facilities, or other real or personal property for public purposes, including parks or other recreational, educational, welfare, or community facilities within its area of operation;(10) To accommodate economic factors which affect the financial stability and solvency of the agency's developments and programs;(11) To pay the cost of actions occasioned by natural disasters and other emergencies; and(12) To create and maintain operating and capital reserves that are reasonable and adequate to ensure the agency's ability to make all payments referred to in this section and any other matter with respect to which the agency, in its discretion reasonably exercised, determines that the creation and maintenance of a reserve is appropriate. Nothing in this section shall be construed to limit the amount which a housing agency may charge for nondwelling facilities or for dwelling facilities that are not rented to persons of eligible income.Source Laws 1999, LB 105,  52. 
71-15,124.  Mixed-income developments; restrictions; requirements.(1) With respect to any mixed-income development that is constructed or acquired after January 1, 2000, and is solely owned by a local housing agency, not more than sixty percent of the dwelling units in such development shall be occupied by persons who are not persons of eligible income, and no person occupying such a development shall have an income at initial occupancy which exceeds one hundred percent of the median income in the county in which the development is located. This authority is granted only if the agency has made a determination that such housing is an appropriate component for providing safe and sanitary housing for persons of eligible income.(2) With respect to any mixed-income development that is not solely owned by a local housing agency, the proportion of the development that is intended to be affordable to persons of eligible income shall be equal to or greater than the proportion of financial resources for the development which are provided by the local housing agency. The proportion shall be determined in accordance with such reasonable method as shall be adopted by the agency. The proportion may be based upon a proportion of dwelling units, bedrooms, square footage, or any other criteria deemed reasonable and appropriate by the local housing agency. The determination of such proportion shall take into account any special benefits accruing to an agency by virtue of its status as such, including, among other things (a) the capital value of all subsidies and other assistance provided by the agency or by other public sources on behalf of the agency, (b) tax exemptions available because of the agency's participation, and (c) interest savings attributable to tax-exempt financing or to below market interest rates that are available because of the participation of the local housing agency or the presence in the development of dwelling units to be occupied by persons of eligible income.(3) A local housing agency may determine the period during which any unit shall be designated for occupancy only by persons of eligible income. Dwelling units in a mixed-income development that are designated for occupancy by persons of eligible income need not be particular units that are permanently so designated, and the physical location of the units so designated may change from time to time.Source Laws 1999, LB 105,  53. 
71-15,125.  Income, surplus, and payments; use.All income, surplus, and payments received by a local housing agency, or to which such agency shall become entitled, shall be used for carrying out the purposes of the Nebraska Housing Agency Act.Source Laws 1999, LB 105,  54. 
71-15,126.  Policies and procedures; standards.A local housing agency shall not apply its policies, rules, procedures, criteria, requirements, and exclusions with respect to eligibility of applicants, granting assistance, or enforcing standards relating to occupancy or continuance of assistance in an arbitrary or capricious manner.Source Laws 1999, LB 105,  55. 
71-15,127.  Discretionary powers; how construed.Nothing contained in the Nebraska Housing Agency Act shall create, expressly or by implication, any right, claim, or cause of action in favor of anyone in connection with any failure of a housing agency to exercise any one or more of its discretionary powers.Source Laws 1999, LB 105,  56. 
71-15,128.  Noncontrolled affiliates; treatment.Noncontrolled affiliates of housing agencies shall not, by virtue of their affiliation with such local housing agencies, become subject to the laws of this state applicable to public agencies and their governing bodies, including, but not limited to, laws pertaining to public disclosure of records, open meetings, minimum wage rates applicable to government contracts and employees, procurement of goods and services, and laws relating to public employees.Source Laws 1999, LB 105,  57. 
71-15,129.  Financing; limitations.No guaranty, other recourse obligation, mortgage, or security instrument, or other recourse instrument, given or entered into by a housing agency in connection with financing the acquisition, creation, modernization, rehabilitation, or replacement of a development which exposes to foreclosure, loss, or levy any property of the housing agency other than the development being acquired, created, modernized, rehabilitated, or replaced with the proceeds of such financing, shall be given or entered into unless the agency's board of commissioners has specifically approved such action by resolution which finds that such action:(1) Is necessary and essential to acquiring the financing with respect to which such recourse instrument is given or entered into;(2) Will not unreasonably expose to loss or foreclosure property of the agency other than the development for which such financing will be used;(3) Is prudent and sound as required under section 71-15,130; and(4) Is commercially reasonable, taking into account the characteristics of the transaction in which such recourse instrument would be given and its relative benefits and potential costs to the agency.Source Laws 1999, LB 105,  58. 
71-15,130.  Financial affairs; how conducted.Local housing agencies shall conduct their financial affairs in a prudent and sound manner.Source Laws 1999, LB 105,  59. 
71-15,131.  Special limited fund; authorized; restrictions on use.Neither a housing agency nor any controlled affiliate shall lend its credit to or guarantee or be a surety for the indebtedness or performance of any noncontrolled affiliate or third party, or any other individual or entity other than another public agency of the state, except as provided in this section. The housing agency or any controlled affiliate may establish a special limited fund which shall be segregated from all other funds, assets, and properties of the housing agency or any controlled affiliate and shall be deposited separately from all other deposits of the housing agency or any controlled affiliate. The special limited fund may be funded only from the rents and revenue of the housing agency or any controlled affiliate or from contributions, grants, or donations from other public or private sources which have been designated for such purpose. Any loan of credit, guarantee, or suretyship to any individual or entity other than another public body of this state shall be limited to the amount of the special limited fund, and neither the general credit nor any other asset or property of the housing agency, any controlled affiliate, the state, or any other public agency of the state shall be liable whatsoever for any such loan of credit, guarantee, or suretyship. Any such loan of credit, guarantee, or suretyship shall only be used for the purposes of expanding the availability of affordable housing to persons of eligible income in accordance with the provisions of the Nebraska Housing Agency Act. No such loan of credit, guarantee, or suretyship shall be valid unless in writing, which writing shall state on its face the limitations contained in this section, including the nonliability of the state and all other public agencies, and the loan of credit, guarantee, or suretyship shall be also subject to such other rules and regulations as the housing agency shall prescribe.Source Laws 1999, LB 105,  60. 
71-15,132.  Dwelling units; occupancy eligibility.Except as otherwise provided in the Nebraska Housing Agency Act with respect to mixed-income developments or except as otherwise permitted by law, dwelling units in a local housing agency's developments shall be rented only to households consisting of persons of eligible income at the time of their initial occupancy of such units. Notwithstanding any other provision of law, a local housing agency may allow police officers, elected officials, and maintenance and management employees not otherwise eligible for residence to reside in dwelling units in the housing agency's developments.Source Laws 1999, LB 105,  61. 
71-15,133.  Plan for selection of applicants.Each housing agency shall adopt and promulgate fair and equitable policies establishing a plan for selection of applicants. The plan shall include standards for eligibility, procedures for prompt notification of eligibility or disqualification, and procedures for maintaining a waiting list of eligible applicants for whom vacancies are not immediately available. Eligible applicants shall be offered available vacancies as provided in such policies. Such policies and plans may, but shall not be required to, include the following:(1) A local housing agency may deny a lease, right of occupancy, or any other assistance to any person, including the family or household of such person, if it determines that such person or any member of such person's household (a) has committed any fraud or made any material misrepresentation or omission in connection with any application for assistance or (b) has committed any fraud or made any material misrepresentation or omission in connection with any previous application for any public assistance or in connection with any determination or redetermination of eligibility;(2) Preferences to give priority to persons displaced by public or private action, to families of veterans and servicemen and servicewomen, to families whose members are gainfully employed, to citizens of the United States or the state, to disabled persons or elderly persons, and such other preferences, as well as priorities within each preference category, as the local housing agency deems appropriate;(3) Occupancy standards that provide for offering available units only to families of appropriate size and such other standards relating to occupancy and tenant conduct as the local housing agency deems appropriate; and(4) Without limiting subdivisions (1) through (3) of this section, the local housing agency may further limit the offering of available units to families of appropriate qualifications in order to comply with state or federal law or regulations or contractual agreements with governmental agencies pursuant to such law or regulations.Nothing contained in this section shall prevent a housing agency from suspending processing of applications of persons of eligible income unlikely to be offered units within a reasonable time after initial application as determined by the agency or from requiring annual renewal of applications.Source Laws 1999, LB 105,  62. 
71-15,134.  Discrimination prohibited.Nothing contained in the Nebraska Housing Agency Act shall limit the ability of any local housing agency to establish and apply different criteria or requirements with respect to admissions and occupancy, to utilize different methods of establishing and charging rents, or to impose different occupancy standards (1) for different developments or portions thereof or (2) with respect to recipients of assistance in any program designed or intended to differentiate between individual recipients on the basis of their circumstances, actions, or characteristics, except that a housing agency shall not discriminate on the basis of race, national origin, or religion.Source Laws 1999, LB 105,  63. 
71-15,135.  Current occupants; how treated.Households which are already in occupancy or are receiving assistance but which become ineligible for occupancy or other assistance by reason of income may continue their occupancy or receipt of other assistance at the discretion of the local housing agency for such period, upon such terms and conditions, and, in the case of continued occupancy, in exchange for such rent, but not less than any applicable minimum rent, as the agency shall determine to be appropriate.Source Laws 1999, LB 105,  64. 
71-15,136.  Lease; terms and conditions.The local housing agency may require that each household occupying a dwelling unit enter into a lease containing such terms and conditions and for such duration as the agency reasonably deems appropriate. No tenant or lessee of, or recipient of assistance from, a local housing agency shall have any right to the renewal of any lease, tenancy, right of occupancy, or assistance, except as expressly agreed by the agency. All members of the household who are permitted to reside in a dwelling unit must be identified in any lease of a dwelling.Source Laws 1999, LB 105,  65. 
71-15,137.  Change in household; effect.In the event of a change in the composition of a tenant household, the local housing agency shall have the authority to determine which member or members of the household are entitled to continued occupancy for the unexpired lease term or periodic tenancy. A local housing agency may adopt such reasonable rules and procedures governing such determinations as it deems appropriate.Source Laws 1999, LB 105,  66. 
71-15,138.  Termination of tenancy; conditions.Except as provided in the Nebraska Housing Agency Act, the landlord-tenant relationship, and the termination thereof, is governed by state law applicable to privately owned residential property. Without limiting such provision, a local housing agency may terminate the tenancy of a household or a resident or terminate any other assistance provided by such agency for:(1) The commission of any fraud or any material misrepresentation or omission on the part of any recipient of assistance or member of a resident household in connection with any application for assistance or any determination or redetermination of eligibility therefor, or in connection with any investigation or determination of the local housing agency regarding compliance by the household with the terms of any lease or the agency's rules and regulations; or(2) Any other violation of one or more provisions of any lease or agreement with the local housing agency to which a recipient of assistance or a resident is a party or any of the agency's rules or regulations duly promulgated.Source Laws 1999, LB 105,  67. 
71-15,139.  Termination of tenancy; procedure; recovery of possession of premises; when.(1) A housing agency may adopt and promulgate reasonable rules and regulations consistent with federal and state laws, rules, and regulations and the purposes of the Nebraska Housing Agency Act concerning the termination of tenancy. Any resident so terminated shall be sent a written notice of termination setting out the reasons for such termination, and any resident served with a notice shall be given the opportunity to contest the termination in an appropriate hearing by the housing agency. A resident may contest the termination in any suit filed by the housing agency in any court for recovery of possession of the premises.(2) Such notice may provide that if the resident fails to (a) pay his or her rent or comply with any covenant or condition of his or her lease or the rules and regulations of such housing agency, (b) cure a violation or default thereof as specified in such notice, or (c) follow the procedure for a hearing as set forth in the notice, all within the time or times set forth in such notice, the tenancy shall then be automatically terminated and no other notice or notices need be given of such termination or the intent to terminate the tenancy, and upon such termination, and without any notice other than as provided for in this section, a housing agency may file suit against any resident for recovery of possession of the premises and may recover the same as provided by law.(3) A housing agency may, after three days' written notice of termination and without an administrative hearing, file suit and have judgment against any resident for recovery of possession of the premises if the resident, any member of the resident's household, any guest, or any other person who is under the resident's control or who is present upon the premises with the resident's consent, engages in any drug-related or violent criminal activity on the premises, or engages in any activity that threatens the health, safety, or peaceful enjoyment of other residents or housing agency employees. Such activity shall include, but not be limited to, any of the following activities of the resident, or the activities of any other person on the premises with the consent of the resident: (a) Physical assault or the threat of physical assault; (b) illegal use of a firearm or other weapon or the threat to use an illegal firearm or other weapon; or (c) possession of a controlled substance by the resident or any other person on the premises with the consent of the resident if the resident knew or should have known of the possession by such other person of a controlled substance, unless such controlled substance was obtained directly from or pursuant to a medical order issued by a practitioner authorized to prescribe as defined in section 28-401 while acting in the course of his or her professional practice.Source  Laws 1999, LB 105,  68;  Laws 2001, LB 398,  68.  Annotations Under this section, a public housing agency has the authority to file suit for recovery of the premises if the resident engages in violent criminal activity. Banks v. Housing Auth. of City of Omaha, 281 Neb. 67, 795 N.W.2d 632 (2011).
71-15,140.  Personal property; rules and regulations.A housing agency may adopt and promulgate reasonable rules and regulations consistent with the purposes of the Nebraska Housing Agency Act concerning personal property of residents and other persons located in a development of the agency, and if such personal property is not removed from a dwelling unit at the time of the termination of the lease, at the time of vacation or abandonment of the dwelling unit, or at the time of the death of any resident, an agency may remove the same and store such property in a secure location at the resident's risk and expense. If possession of such personal property is not taken by the resident or other person authorized by law to take possession within fourteen days after such termination, vacation, abandonment, or death and if any storage removal charges remain unpaid, then the housing agency may, at its option, dispose of the personal property in any manner which the authority deems fit. In no case shall any employee or relative of an employee of the housing agency take ownership of such property. No resident or other person shall have any cause of action against the housing agency for such removal or disposition of such personal property.Source  Laws 1999, LB 105,  69;  Laws 2018, LB304,  2.  
71-15,141.  Report; false report; penalty; audits.(1) Within nine months after the end of each fiscal year, each local housing agency shall prepare a report summarizing such agency's activities for the year then ended. The report shall contain financial statements depicting the financial condition of the agency, its assets and liabilities, including contingent liabilities, and the results of its operations for the year then ended. The report shall be approved by the agency's board of commissioners and signed by its chairperson.(2) The annual report of a local housing agency shall be a public record that is available for inspection and copying by members of the general public at the offices of the local housing agency. A local housing agency shall also file its annual report with the city or county clerk promptly upon completion thereof. Regional housing agencies shall file annual reports with the appropriate officials of all participating political subdivisions.(3) Any employee or member of the board of commissioners of a local housing agency who approves, signs, or files an annual report of an agency knowing it is materially false or misleading shall be guilty of a Class II misdemeanor.(4) The financial statements contained in annual reports of local housing agencies with gross revenue of two hundred fifty thousand dollars or more shall be audited annually. The financial statements of agencies with gross revenue of less than two hundred fifty thousand dollars shall be audited at least biennially. A copy of each audit report shall be filed with the Auditor of Public Accounts within nine months after the end of each fiscal year in which such agency is required to file an audit report or in which an audit report of such agency is prepared. Each local housing agency audit shall be conducted in accordance with generally accepted accounting principles, except that if the agency is a recipient of federal assistance, the audit shall be conducted in accordance with any accounting principles required by the federal government.Source  Laws 1999, LB 105,  70;  Laws 2003, LB 150,  1;  Laws 2018, LB304,  3.  
71-15,142.  Plan for location and boundaries; approval required.Before any local housing agency shall construct any new development for housing purposes, it shall submit to the governing body of the city or county creating such agency, as the case may be, or to the governing body of the political subdivision which has zoning jurisdiction for the site or sites of such new development, in the case of regional housing agencies, a plan indicating the general location or locations and boundaries of the proposed site or sites for any such development, which plans shall be subject to the approval of such governing body, and such governing body may, in its discretion, submit such plan to the planning department, if any, of the city or county, as the case may be, for that department's comments and recommendations.Source  Laws 1999, LB 105,  71;  Laws 2018, LB304,  4.  
71-15,143.  Local housing agency representative; liability.No representative of a local housing agency shall personally be civilly or criminally liable with respect to any matter or act not directly committed or authorized by such person.Source Laws 1999, LB 105,  72. 
71-15,144.  Housing agency representative; indemnification.If any legal action is brought against any representative of any housing agency, whether such person is a volunteer or partly paid or fully paid, based upon the negligent error or omission of such person while in the performance of his or her lawful duties, the housing agency shall defend him or her against such action, and if final judgment is rendered against such person, the housing agency shall pay the judgment in his or her behalf and shall have no right to restitution from such person. A housing agency shall have the right to purchase insurance to indemnify itself in advance against the possibility of such loss under this section, and the insurance company shall have no right of subrogation against the person. This section shall not be construed to permit a housing agency to pay a judgment obtained against the person as a result of illegal acts committed by such person.Source Laws 1999, LB 105,  73. 
71-15,145.  Effect of local planning, zoning, sanitary, and building laws.(1) Except as otherwise provided in this section, all developments are subject to the planning, zoning, sanitary, and building laws applicable to the locality in which the development is located.(2) In order to facilitate development, redevelopment, and other activities in furtherance of the purposes of the Nebraska Housing Agency Act by local housing agencies and their affiliates, a city or county may grant exceptions to the requirements of (a) zoning ordinances and other laws, resolutions, ordinances, and regulations regulating the use, development, and improvement of land or buildings, (b) laws, resolutions, ordinances, and regulations pertaining to historic buildings and structures, and (c) redevelopment plans, comprehensive plans, and other plans governing city or county land use. Any such exceptions shall not compromise essential health and safety standards. The provisions of this section shall be cumulative of, and not in limitation of, any existing laws, resolutions, ordinances, and regulations that permit variances, special exceptions, and other relief from applicable requirements relating to development and improvement of real property.(3) With respect to matters relating to the purposes of the act, each city or county or regional planning body of the state may, in its planning processes, take into account the recommendations of local housing agencies formed by such city or county, or by the cities and counties affected by the actions of such regional planning body.Source Laws 1999, LB 105,  74. 
71-15,146.  Records; exempt from disclosure.Notwithstanding the provision of any other law with respect to the availability of public records for inspection, the following records of a housing agency are exempt from disclosure:(1) All records in the individual file of a resident, former resident, or applicant for public housing;(2) All records in the individual file of a resident, former resident, or applicant for public housing in the possession of any landlord or individual providing a dwelling that is in any manner administered by a housing agency;(3) All lists that identify residents, former residents, and applicants, except that statistical compilations are not exempt unless, by identification of location, family size, employment, or similar information, a resident, former resident, or applicant may be identified;(4) The addresses of any dwellings that are assisted, either directly by the action of the housing agency or as a result of the resident's selection, except that statistical compilations are not exempt unless some or all of them may be specifically identified by address as a result of such compilation;(5) The home address or personal telephone number of any resident, former resident, or applicant;(6) Communications within a housing agency or between a housing agency and other public agencies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to any final agency determination of policy or action;(7) Any information in the possession of the agency concerning the criminal history or other background information pertaining to any tenant or applicant for assistance;(8) Information submitted to a housing agency in confidence and not otherwise required by law to be submitted, if such information should reasonably be considered confidential and the housing agency has obligated itself in good faith not to disclose the information; and(9) Any other material or information that is otherwise exempt from disclosure under applicable law.Source Laws 1999, LB 105,  75. 
71-15,147.  Records; disclosure permitted; when.A housing agency may provide any of the records described in section 71-15,146 to:(1) Any recipient to whom disclosure is authorized pursuant to consent by all adult individuals identified in the record which is to be so disclosed;(2) Such parties as the housing agency deems necessary when the agency determines that the disclosure is essential to the preservation of life, health, or safety;(3) Anyone as required by a court order;(4) A landlord or prospective landlord for purposes of enabling the landlord to determine an applicant's suitability for initial tenancy or to determine the suitability for continued tenancy of a person receiving assistance from the agency who is already in occupancy, if such information is pertinent to such suitability determination;(5) Any applicant, tenant, or recipient of assistance to whom such information relates, or such person's designee or legal representative; or(6) Any city, county, state, or federal public agency as required by law or agreement.Source Laws 1999, LB 105,  76. 
71-15,148.  Individual files; examination permitted.Any applicant or recipient of assistance from a housing agency may examine his or her individual file or files at reasonable times and intervals.Source Laws 1999, LB 105,  77. 
71-15,149.  Conflict of interest; terms, defined.For purposes of sections 71-15,149 to 71-15,157:(1) Housing agency official means any representative of a housing agency or any director, officer, or employee of a resident management corporation or other resident organization who exercises authority or carries out responsibilities in connection with the housing agency's developments or any local government official who exercises authority or carries out responsibilities in connection with the housing agency's developments, including any member of such person's immediate family, any business entity or organization in which such person holds an interest, and any business partner of such person; and(2) Immediate family includes spouses, children, siblings, and parents and includes stepparents or stepchildren, in-laws, and half sisters or half brothers.Source Laws 1999, LB 105,  78. 
71-15,150.  Conflict of interest; prohibited acts.(1) Except as otherwise permitted under the provisions of sections 71-15,149 to 71-15,157, no housing agency official shall own or hold an interest in any contract or property or engage in any business, transaction, or professional or personal activity that would:(a) Be or appear to be in conflict with such official's duties relating to the housing agency served by or subject to the authority of such official;(b) Secure or appear to secure unwarranted privileges or advantages for such official or others; or(c) Prejudice or appear to prejudice such official's independence of judgment in the exercise of his or her official duties relating to the housing agency served by or subject to the authority of such official.(2) No housing agency official shall act in an official capacity in any matter in which such official has a direct or indirect financial or personal involvement. The ownership of less than five percent of the outstanding shares of a corporation shall not constitute an interest within the meaning of this section. No housing agency official shall use his or her public office or employment to secure financial gain to such official.(3) Except as otherwise permitted by the provisions of sections 71-15,149 to 71-15,157, a housing agency shall not, with respect to any housing agency official, during his or her tenure or for a period of one year thereafter, either:(a) Award or agree to award any contract to such housing agency official or other local government official;(b) Purchase or agree to purchase any real property from such housing agency official or other local government official, or sell or agree to sell any real property to such housing agency official or other local government official;(c) Permit any housing agency official to represent, appear, or negotiate on behalf of any other party before the housing agency's board of commissioners or with its other officials or employees;(d) Employ any commissioner for compensation or otherwise;(e) Employ any local government official, or any member of such official's immediate family, if such official's duties involve the exercise of authority relating to the housing agency; or(f) Employ for compensation any member of the immediate family of a housing agency official, if such employment creates the relationship of direct supervisor or subordinate between family members or otherwise creates a real or apparent conflict of interest.Source Laws 1999, LB 105,  79. 
71-15,151.  Conflict of interest; disclosure required; when.If (1) a housing agency official becomes involved in an activity or, through inheritance or other involuntary cause or circumstance, acquires an interest that violates any provision of sections 71-15,149 to 71-15,157 or (2) a local government official, after becoming employed by the agency, is requested to act in an official capacity with respect to a matter affecting his or her duties as an employee of the local housing agency, such housing agency or local government official shall immediately and fully disclose in writing to the housing agency's board of commissioners the circumstances giving rise to the conflict of interest. In the case of a local government official, such disclosure shall also be made to the local government served by such official. Upon receipt of any disclosure of actual or potential conflict of interest, a housing agency shall promptly cause such disclosure to be entered in the minutes of the housing agency.Source Laws 1999, LB 105,  80. 
71-15,152.  Housing agency official; recusal; when.A housing agency official shall recuse himself or herself from any vote, decision, or other action and shall not directly or indirectly participate in any action or proceeding which involves an actual or potential conflict of interest as described in sections 71-15,149 to 71-15,157, including, but not limited to, any matter:(1) With respect to which disclosure is required under section 71-15,151;(2) Involving assistance to, the employment of, or otherwise relating to the personal status of a member of such housing agency official's immediate family;(3) In which the agency seeks to confer or bestow a special privilege or benefit upon such housing agency official;(4) Involving an action by the board of commissioners concerning a waiver of any provision of sections 71-15,149 to 71-15,157, which waiver would affect such housing agency official; or(5) Involving any other action or circumstance prohibited under sections 71-15,149 to 71-15,157 or which otherwise gives rise to a real or apparent conflict of interest.Source Laws 1999, LB 105,  81. 
71-15,153.  Housing agency official; gifts; prohibited acts.A housing agency official shall not solicit or accept any gift, gratuity, favor, loan, contribution, service, employment, promise of future employment, or other thing of value from any present or prospective employee of the housing agency, any present or prospective contractor, subcontractor, developer, broker, real estate agent, or any other person or organization in connection with the programs, benefits, or business of the housing agency. This section shall not prohibit the acceptance of gifts from relatives or gifts of nominal value which are not given with the intent to influence a housing agency official in the conduct of his or her official duties. Housing agencies may establish standards for determining whether or not a gift is of nominal value.Source Laws 1999, LB 105,  82. 
71-15,154.  Housing agency official; improper use of information.No housing agency official shall use any information not generally available to the public which he or she acquires in the course of his or her public service for the purpose of securing financial gain for such official or others.Source Laws 1999, LB 105,  83. 
71-15,155.  Misconduct in office.Material violation of any provision of sections 71-15,149 to 71-15,157 by a housing agency official shall, unless as otherwise provided in section 71-15,157, constitute misconduct in office.Source Laws 1999, LB 105,  84. 
71-15,156.  Conflict of interest; rules authorized.A local housing agency may adopt rules implementing sections 71-15,149 to 71-15,157. Such rules may include the provision for such disciplinary actions in the event of violation of sections 71-15,149 to 71-15,157 as the housing agency's board of commissioners may deem appropriate.Source Laws 1999, LB 105,  85. 
71-15,157.  Conflict of interest; sections; how construed.(1) Nothing contained in sections 71-15,149 to 71-15,157 shall prohibit a housing agency of a city of the second class or of a village from purchasing or otherwise acquiring any goods or services from a provider of such goods or services owned in whole or in part by a housing agency official if (a) the provider is the sole source for the goods or services within the area of operation of the housing agency, (b) the cost of the goods or services does not exceed three thousand dollars in any one instance, or (c) the provider has not received more than ten thousand dollars from the housing agency in any one calendar year.(2) Nothing contained in sections 71-15,149 to 71-15,157 shall prohibit a housing agency from entering into and performing contracts, agreements, and arrangements with any nonprofit entity or any affiliate, whether for-profit or nonprofit in character, notwithstanding that some or all of the housing agency's representatives or public officials or legislators who exercise functions or responsibilities with respect to a housing agency's developments also serve as directors or in other policymaking positions in such nonprofit entity or affiliate. Such service by housing agency representatives, public officials, or legislators is expressly permitted under the Nebraska Housing Agency Act.(3) The provisions of sections 71-15,149 to 71-15,157 shall not apply to any general depositary agreement entered into with a bank or other financial institution regulated by the federal government or to utility service for which rates are fixed by a state or local agency. The provisions of sections 71-15,149 to 71-15,157 shall not apply to prohibit any present or former tenant commissioner from acting upon housing agency business affecting residents unless such business directly involves a resident organization with respect to which such commissioner occupies a policymaking position or serves as a member of the governing board.(4) Nothing contained in sections 71-15,149 to 71-15,157 shall prohibit service as a commissioner by the chief elected official or any member of the governing body of any city, county, or other public agency which is served by a housing agency.Source  Laws 1999, LB 105,  86;  Laws 2018, LB304,  5.  
71-15,158.  Property and personnel; policies, rules, and procedures; bidding requirements.(1) Local housing agencies shall adopt policies, rules, and procedures governing the procurement of goods or services, the sale or disposition of agency property, and the management of agency personnel. Such policies, rules, and procedures shall apply to all controlled affiliates of a local housing agency unless the agency, by resolution of its board of commissioners, elects otherwise.(2) To the extent that federal funds are involved in any procurement by a local housing agency and public bidding or other procedures and conditions are required as a condition of the acceptance of federal financial assistance, a local housing agency shall follow such federal procedures and other conditions in such procurement.(3) Contracts or awards for housing developments which the local housing agency proposes to construct or cause to be constructed, if the estimated cost is one hundred fifty thousand dollars or more, shall be entered into or awarded only after public bidding as provided in this section. This section shall not apply to the procurement of any professional services such as that of an architect, engineer, or legal counsel.(4) For the construction of new housing developments, the local housing agency, in its discretion, may publish a request for proposals, including a general plan for the purposes and ends to be accomplished by the new development, including, but not limited to, the total number of units desired, any units that are to be specifically designed for the elderly or the handicapped, the unit size, and any other details which the local housing agency deems appropriate for inclusion within the proposed new development or any facilities that are pertinent thereto.(5) The local housing agency shall advertise for public bids or proposals once a week for two consecutive weeks in a newspaper of general circulation in its area of operation. After sealed bids or proposals are received, the contract shall be awarded to the lowest and best bidder or, if the local housing agency has elected to proceed under subsection (4) of this section, in favor of the proposal that is most commensurate with the published objectives of the local housing agency and is most suitable for the purposes of the Nebraska Housing Agency Act, except that a local housing agency, if it deems it to be in its best interests or necessary or desirable to effectuate the purposes of the act or economy and efficiency in the construction and operation of such housing development, may either reject all bids or proposals and readvertise or elect not to proceed with the development.(6) The local housing agency may adopt and promulgate rules and regulations governing the qualifications of bidders, the submission of combined bids by two or more contractors, the award and execution of the contract, security, if any, the execution and performance of the contract, the requirements for making a proposal, and any other matters which the local housing agency deems appropriate.(7) The local housing agency may, in its discretion, insert a provision in any contract that additional work may be done or materials or supplies furnished or that work or materials may be omitted for the purpose of completing the contract in accordance with any changes, omissions, or additions in the specifications of any such contract. Nothing in this section shall be construed to limit the power of the local housing agency to carry out a project or development or any part thereof directly by the officers, agencies, and employees of the agency or by any public agency or to purchase or to acquire goods, services, materials, equipment, or property by or through any other local housing agency as provided in section 71-15,160 or by any other public agency provided in section 71-15,161. The local housing agency may, in its discretion, insert a provision in any contract regarding labor, including wage rates, safety, and equal employment opportunities, that the local housing agency deems necessary or desirable or as may be required by law.Source  Laws 1999, LB 105,  87;  Laws 2018, LB304,  6.  
71-15,159.  Local housing agency; joint exercise of powers authorized.In addition to the cooperative action by public agencies through the formation and operation of regional housing agencies authorized under sections 71-1581 to 71-1587, any power, privilege, or authority exercised or capable of being exercised by a local housing agency of this state may be exercised and enjoyed jointly with any other housing agency or other public agency of this state having such power, privilege, or authority and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment.Source Laws 1999, LB 105,  88. 
71-15,160.  Local housing agency; joint or cooperative powers enumerated.(1) Any two or more local housing agencies may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of financing, including the issuance of bonds, notes, or other obligations, and giving security therefor, or for planning, undertaking, owning, constructing, operating, or contracting with respect to a housing development or developments located within the area of operation of any one or more of the cooperating agencies. For such purpose an agency may, by resolution, authorize any other local housing agency or agencies so joining and cooperating with it to act on its behalf with respect to any or all of its powers as its agent or otherwise in the name of the agency or agencies so joining and cooperating or in its own name. Any such cooperation which involves fiscal matters, ownership of any real property, or the assumption of the functions of one local housing agency by another local housing agency shall be by written contract, agreement, or arrangement entered into by such cooperating agencies.(2) Any local housing agency may, by resolution, authorize another local housing agency to exercise its powers within the authorizing agency's area of operation at the same time that the authorizing agency is exercising the same powers.(3) Any local housing agency may by agreement sell, lease, or otherwise provide any other local housing agency with any goods, supplies, materials, services, equipment, or property upon such terms and for such compensation as the parties shall determine and the same may be purchased, leased, or otherwise acquired without advertisement, appraisal, or public bidding.(4) Local housing agencies may form, join, and participate in associations, cooperatives, or other entities for the purpose of purchasing goods, supplies, materials, equipment, and services, including, but not limited to, insurance, at prices or rates that may not otherwise be available to individual local housing agencies, and all such purchases and sales may be done without advertisement, appraisal, or public bidding.Source Laws 1999, LB 105,  89. 
71-15,161.  Public agency; powers.For the purpose of aiding and cooperating with local housing agencies in the planning, undertaking, construction, or operation of developments providing decent, safe, and sanitary housing that is affordable to persons of eligible income, and otherwise to assist local housing agencies in carrying out any other activities that are authorized under or in furtherance of the purposes of the Nebraska Housing Agency Act, any public agency may, with or without consideration:(1) Dedicate, sell, convey, or lease any of its property to a local housing agency;(2) Cause parks, playgrounds, recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake to be furnished adjacent to or in connection with housing developments;(3) Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, parking lots, or other places which it is otherwise empowered to undertake;(4) Plan, replan, zone, or rezone any property over which it has such authority and make exemptions from building regulations, standards, resolutions, and ordinances;(5) Enter into contracts, agreements, or arrangements which may extend over any period, notwithstanding any provision or rule of law to the contrary, with a local housing agency or the federal government respecting action to be taken by such public agency pursuant to any of the powers granted by the act;(6) Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of such housing developments;(7) Purchase or legally invest in any of the bonds, notes, obligations, or other securities of a local housing agency and exercise all of the rights of any holder of such bonds or other instruments;(8) In connection with any public improvements made by a public agency in exercising the powers granted in this section, incur the entire expense thereof. Any sale, conveyance, lease, agreement, or arrangement provided for in this section may be made by a public agency without appraisal, public notice, advertisement, or public bidding;(9) Make donations, grants, or loans to such local housing agency as it shall deem necessary or desirable to promote decent, safe, and sanitary housing that is affordable to persons of eligible income in this state;(10) Enter into agreements with a local housing agency for payments to it in lieu of taxes as authorized in subsection (2) of section 71-1590;(11) Agree or arrange that a local housing agency shall manage, operate, administer, or assist in any of the activities authorized in subdivisions (1) through (10) of this section or any program of the public agency or for which the public agency receives funds, from either a federal or state governmental source, or from any other source, whether public or private, for the purpose of providing decent, safe, and sanitary housing affordable to persons of eligible income, to provide shelter, with or without other services, to homeless persons, to remove or rehabilitate unsafe or unsound dwelling structures, or for carrying out any other purpose of the act. Such agreements and arrangements may provide such compensation to a local housing agency for its services as the parties shall determine;(12) Purchase or lease any goods, services, materials, equipment, or property from a local housing agency for any governmental or proprietary purpose for which the public agency is authorized by law to so acquire, on such terms and for such consideration as the parties shall determine, without advertisement, appraisal, or public bidding;(13) Allow local housing agencies to purchase or acquire goods, services, materials, equipment, or property through its purchasing agency; and(14) Upon its own initiative and without the approval of any other public agency or governing body, waive or reduce any charge or fee, including, but not limited to, any charge or fee relating to any permit, license, approval, or environmental or other impact fee, any contribution for capital improvements, and any charge or fee for any service or benefit provided by the public agency.Source Laws 1999, LB 105,  90. 
71-15,162.  State and public agencies; powers.The state and all public agencies of this state are authorized to appropriate, lend credit, and make donations to local housing agencies and to agree to make such appropriations, loans, or donations upon such lawful terms and conditions as they shall from time to time deem appropriate.Source Laws 1999, LB 105,  91. 
71-15,163.  Screening of applicants; powers of public agencies.(1) Notwithstanding any other provision of law, all public agencies of this state, including state, city, and county law enforcement agencies, shall cooperate with local housing agencies by providing, promptly upon request, information concerning the general background, including, but not limited to, the criminal history, of applicants for assistance or recipients of assistance from local housing agencies. Any such information shall be used by local housing agencies solely for the purpose of screening applicants for suitability for tenancy or for determining continued suitability for assistance or tenancy and shall not be disclosed except in a proceeding challenging a decision by an agency to deny or terminate benefits.(2) Any person who applies for or accepts assistance provided by a local housing agency shall, by virtue of such application for or acceptance of such assistance, be deemed to have consented to the disclosure of information by public agencies as required by this section.Source Laws 1999, LB 105,  92. 
71-15,164.  Enforcement of rights; remedies.(1) All rights of local housing agencies existing under law or under any contract, agreement, or arrangement with any party, including this state or any public agency thereof, shall be enforceable by action brought in the courts of this state.(2) In connection with enforcement of any right referred to in this section, a local housing agency shall be entitled to relief which may include, without limitation, the award of monetary damages, specific performance, and mandamus and other injunctive relief.Source Laws 1999, LB 105,  93. 
71-15,165.  Claims and actions; restrictions.No person or entity not expressly named as a party to a contract entered into by a housing agency shall have any right of action, by virtue of the status of such person or entity as a third-party beneficiary of such contract, or otherwise based upon such contract. Any claim or action in violation of this section shall be absolutely null and void.Source Laws 1999, LB 105,  94. 
71-15,166.  Act; how construed.The Nebraska Housing Agency Act shall be construed liberally to effect the charitable and public purposes thereof. The enumeration of specific powers, authorities, or activities in the act shall not operate to restrict the scope of any general grant of power or authority or any description of activities contained in the act or to exclude other powers, authorities, or activities reasonably comprehended in such general grant which are reasonably related to carrying out the purposes of the act.It is the purpose and intent of the act that the powers of local housing agencies be construed to afford to every agency reasonable responsibility, authority, and flexibility in carrying out the provisions of the act and to maximize the involvement of private sector entities, in cooperation with local housing agencies, in the production and operation of affordable housing. The use of the disjunctive word "or" shall be construed to mean "and" and the conjunctive word "and" shall be construed to mean "or" where such construction will result in a broader interpretation of a power. Limitations upon the powers, authorities, and activities of local agencies contained in the act shall be strictly construed.Source Laws 1999, LB 105,  95. 
71-15,167.  Conflicting provisions; how construed.To the extent that any provision of the Nebraska Housing Agency Act shall conflict with any provision of law not contained in the act, the act shall prevail with respect to local housing agencies. It is the intention of the Legislature that, with respect to any subject matter covered by the act, the provisions of the act shall preempt all other laws of this state with respect to the formation, powers, and operation of local housing agencies and the requirements of law applicable thereto.Source Laws 1999, LB 105,  96. 
71-15,168.  Tort claims; other claims; procedure.(1) All tort claims against a housing agency shall be governed by the Political Subdivisions Tort Claims Act.(2) Every person who has any claim against a housing agency, other than a tort claim under subsection (1) of this section, shall file the same, in writing, with the executive director or other person who may be acting as the secretary of such agency. If the claim is in contract, the claim shall state the services provided or articles furnished, as the case may be, and shall show the amount charged and claimed due and unpaid, allowing all just credits. The procedures set forth in this section shall not be applicable to any claim against any agency if the agency advises the claimant in writing that the liability of the agency for such claim, if any, is covered by insurance in whole or in part.(3) If the claimant is dissatisfied with the disposition of his or her claim, or in the event that such claim is not paid or otherwise satisfied within ninety days after such claim has been filed as provided in this section, the claimant shall request, in writing, a hearing on his or her claim before the board of commissioners of the agency. Such request shall be filed with the chairperson of the agency and shall be made within six months after the filing of the claim as provided by this section. The claimant shall be notified of the time and place of the hearing, and he or she shall have the opportunity to present evidence concerning his or her claim to the board of commissioners. The board of commissioners shall hold such hearing and shall allow, disallow, or otherwise dispose of the claim, as the case may be, with written notice to the claimant, all within six months after the filing of a written request for hearing as provided in this subsection.(4) This section shall not apply to claims, actions, or proceedings by obligees on bonds of an agency or to claims, actions, or proceedings on notes, guarantees, or other evidences of indebtedness.(5) The representatives of a housing agency shall not be personally liable as such on its contracts or for torts not committed or directly authorized by them.Source Laws 1999, LB 105,  97.Cross References  Political Subdivisions Tort Claims Act, see section 13-901.Annotations A tort claim against a housing agency is subject to the Political Subdivisions Tort Claims Act regardless of whether it is covered by liability insurance. Harris v. Omaha Housing Auth., 269 Neb. 981, 698 N.W.2d 58 (2005).
71-150.  Transferred to section 38-185.
71-152.  Transferred to section 38-187.
71-153.  Transferred to section 38-188.
71-154.  Transferred to section 38-189.
71-155.01.  Transferred to section 38-1,101.
71-155.03.  Transferred to section 38-198.
71-155.  Transferred to section 38-196.
71-1555.  Act, how cited.Sections 71-1555 to 71-1568.01 shall be known and may be cited as the Nebraska Uniform Standards for Modular Housing Units Act.Source   Laws 1976, LB 248,  1;  Laws 1984, LB 822,  1;  Laws 1998, LB 1073,  90.  
71-1556.  Declaration of purpose.The Legislature finds and declares that uniformity in the manner of construction, assembly, and use of modular housing units and that of their systems, components, and appliances, including their plumbing, heating, and electrical systems, is extremely desirable in order that owners may not be burdened with differing requirements and in order to promote construction which will foster the health and safety of the numerous persons living in modular housing units.Source   Laws 1976, LB 248,  2;  Laws 1984, LB 822,  2.  
71-1557.  Terms, defined.As used in the Nebraska Uniform Standards for Modular Housing Units Act, unless the context otherwise requires:(1) Modular housing unit means any dwelling whose construction consists entirely of or the major portions of its construction consist of a unit or units, containing facilities for no more than one family, not fabricated on the final site for the dwelling unit, which units are movable or portable until placed on a permanent foundation and connected to utilities. Modular housing units shall be taxed as real estate;(2) Seal means a device or insignia issued by the Department of Health and Human Services Regulation and Licensure prior to May 1, 1998, or by the Public Service Commission on or after May 1, 1998, to be displayed on the modular housing unit as determined by the commission to evidence compliance with state standards;(3) Dealer means any person other than a manufacturer who sells, offers to sell, distributes, or leases modular housing units primarily to persons who in good faith purchase or lease a modular housing unit for purposes other than resale;(4) Manufacturer means any person who manufactures or produces modular housing units;(5) Person means any individual, partnership, limited liability company, company, corporation, or association engaged in manufacturing, selling, offering to sell, or leasing modular housing units; and(6) Commission means the Public Service Commission.Source   Laws 1976, LB 248,  3;  Laws 1984, LB 822,  3;  Laws 1985, LB 313,  4;   Laws 1993, LB 121,  424;  Laws 1994, LB 511,  6;  Laws 1996, LB 1044,  564;  Laws 1998, LB 1073,  91;  Laws 2008, LB797,  6. 
71-1558.  Modular housing units; construction of and installation of plumbing, heating, and electrical systems; standards; manner adopted; when applicable.(1) All construction of and all plumbing, heating, and electrical systems installed in modular housing units manufactured, sold, offered for sale, or leased in this state more than six months after July 10, 1976, and before May 1, 1998, shall comply with the standards of the state agency responsible for regulation of modular housing units as such standards existed on the date of manufacture.(2) All construction of and all plumbing, heating, and electrical systems installed in modular housing units 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 shall (a) protect the health and safety of persons living in modular housing units, (b) assure reciprocity with other states that have adopted standards which protect the health and safety of persons living in modular housing units the purpose of which is to make uniform the law of those states which adopt them, (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 modular housing unit without jeopardizing such reciprocity, (d) assure changes in those uniform standards which reflect new technology making possible greater safety, efficiency, including energy efficiency, economy, or durability than earlier standards, and (e) allow for reduced energy and snow live load requirements for those modular housing units destined for out-of-state siting if the receiving jurisdiction has such reduced requirements. The commission shall adopt as standards relating to electrical systems in modular housing units those applicable standards adopted and amended by the State Electrical Board under section 81-2104.(3) Whenever practical, the standards shall be stated in terms of required levels of performance so as to facilitate the prompt acceptance of new building materials and methods. If generally recognized standards of performance are not available, the standards shall provide for acceptance of materials and methods whose performance has been found by the commission on the basis of reliable test and evaluation data presented by the proponent to be substantially equal to those specified.Source   Laws 1976, LB 248,  4;  Laws 1984, LB 822,  4;   Laws 1992, LB 1019,  65;  Laws 1998, LB 1073,  92;  Laws 2008, LB797,  7. 
71-1559.  Modular housing unit; compliance assurance program; exception; purpose; inspection; seal; when issued; fee; Public Service Commission Housing and Recreational Vehicle Cash Fund.(1) Every modular housing unit, except those constructed or manufactured by any school district or community college area as a part of a buildings trade or other instructional program offered by such district or area, manufactured, sold, offered for sale, or leased in this state more than six months after July 10, 1976, and before May 1, 1998, shall comply with the seal requirements of the state agency responsible for regulation of modular housing units as such requirements existed on the date of manufacture.(2) Every modular housing unit, except those constructed or manufactured by any school district or community college area as part of a buildings trade or other instructional program offered by such district or area, manufactured, sold, offered for sale, or leased in this state on or after May 1, 1998, shall bear a seal issued by the commission certifying that the construction and the structural, plumbing, heating, and electrical systems of such modular housing unit have been installed in compliance with its standards applicable at the time of manufacture. Each manufacturer of such modular housing units, except those constructed or manufactured by such school district or community college area, shall submit its plans to the commission for the purposes of inspection. The commission shall establish a compliance assurance program consisting of an application form and a compliance assurance manual. Such manual shall identify and list all procedures which the manufacturer and the inspection agency propose to implement to assure that the finished modular housing unit conforms to the approved building system and the applicable codes adopted by the commission. The compliance assurance program requirements shall apply to all inspection agencies, whether commission or authorized third party, and shall define duties and responsibilities in the process of inspecting, monitoring, and issuing seals for modular housing units. The commission shall issue the seal only after ascertaining that the manufacturer is in full compliance with the compliance assurance program through inspections at the plant by the commission or authorized third-party inspection agency. Such inspections shall be of an unannounced frequency such that the required level of code compliance performance is implemented and maintained throughout all areas of plant and site operations that affect regulatory aspects of the construction. Each seal issued by the state shall remain the property of the commission and may be revoked by the commission in the event of violation of the conditions of issuance.(3) Modular housing units constructed or manufactured by any school district or community college area as a part of a buildings trade or other instructional program offered by such district or area shall be inspected by the local inspection authority or, upon request of the district or area, by the commission. If the commission inspects a unit and finds that it is in compliance, the commission shall issue a seal certifying that the construction and the structural, plumbing, heating, and electrical systems of such unit have been installed in compliance with the standards applicable at the time of manufacture.(4) The commission shall charge a seal fee of not less than one hundred and not more than one thousand dollars per modular housing unit, as determined annually by the commission after published notice and a hearing, for seals issued by the commission under subsection (2) or (3) of this section.(5) Inspection fees shall be paid for all inspections by the commission of manufacturing plants located outside of the State of Nebraska. Such fees shall consist of a reimbursement by the manufacturer of actual travel and inspection expenses only and shall be paid prior to any issuance of seals.(6) All fees collected under the Nebraska Uniform Standards for Modular Housing Units Act shall be remitted to the State Treasurer for credit to the Public Service Commission Housing and Recreational Vehicle Cash Fund.Source   Laws 1976, LB 248,  5;  Laws 1978, LB 812,  1;  Laws 1981, LB 218,  1;  Laws 1983, LB 617,  20;  Laws 1984, LB 822,  5;   Laws 1991, LB 703,  34;   Laws 1992, LB 1019,  66;  Laws 1996, LB 1044,  565;  Laws 1998, LB 1073,  93;  Laws 2001, LB 247,  1;  Laws 2003, LB 241,  1;  Laws 2008, LB797,  8;  Laws 2010, LB849,  24. 
71-156.  Transferred to section 38-191.
71-1560.  Modular housing unit; dealer; prohibited acts; exceptions.Except as provided in section 71-1561, no dealer shall sell, offer for sale, or lease in this state any new modular housing unit manufactured (1) more than six months after July 10, 1976, and before May 1, 1998, unless such modular housing unit meets or exceeds the standards established by the state agency responsible for regulation of modular housing units as such standards existed on the date of manufacture with respect to construction thereof and the installation of plumbing, heating, and electrical systems or (2) on or after May 1, 1998, unless such modular housing unit meets or exceeds the standards established by the commission with respect to construction thereof and the installation of plumbing, heating, and electrical systems.Source   Laws 1976, LB 248,  6;  Laws 1984, LB 822,  6;  Laws 1998, LB 1073,  94.  
71-1561.  Modular housing units; plumbing, heating, electrical, or construction codes; reciprocity; when; prohibited acts; agreements authorized.If any other state has plumbing, heating, electrical, or construction codes for modular housing units at least equal to those established by the commission pursuant to the Nebraska Uniform Standards for Modular Housing Units Act, the commission, upon determining that such standards are being enforced by such other state, shall place such other state on a reciprocity list which shall be available to any interested person. Any modular housing unit which bears the seal of any state which has been placed on the reciprocity list shall not be required to bear the seal issued by this state. A modular housing unit manufactured more than six months after July 10, 1976, which does not bear the seal issued by this state or by a state which has been placed on the reciprocity list shall not be manufactured, offered for sale, sold, or leased by a manufacturer, dealer, or any other person anywhere within this state nor transported or delivered into any other state or jurisdiction.The commission may enter into agreements with the federal government, any federal agency, or any other state, state agency, interstate agency, compact, or local jurisdiction to perform inspections pursuant to the federal government's or the agency's, state's, compact's, or jurisdiction's standards relating to modular housing units.Source   Laws 1976, LB 248,  7;  Laws 1984, LB 822,  7;   Laws 1992, LB 1019,  67;  Laws 1998, LB 1073,  95.  
71-1562.  Modular housing unit; local codes or standards; compliance not required; exception; site development, defined.No agency or political subdivision of the state or a municipality shall require compliance with local codes or standards for the construction of or the installation of structural, plumbing, heating, or electrical systems in a modular housing unit which are different from those established by the commission pursuant to the Nebraska Uniform Standards for Modular Housing Units Act. An agency or political subdivision of this state or a municipality may prescribe reasonable and necessary requirements of the site development for modular housing units in accordance with local standards. Site development is defined for the purposes of such act as those local development requirements including, but not limited to, foundations, site utility requirements and their connections to the modular housing units, zoning and subdivision regulations, and fire control provisions.Source   Laws 1976, LB 248,  8;  Laws 1984, LB 822,  8;  Laws 1998, LB 1073,  96.  
71-1563.  Modular housing unit; violation; penalty.(1) Any person who manufactures, sells, offers for sale, or leases in this state any modular housing unit which does not bear the seal required by the provisions of the Nebraska Uniform Standards for Modular Housing Units Act shall be guilty of a Class IV misdemeanor.(2) The commission may, in accordance with the laws governing injunctions and other processes, maintain an action in the name of the state against any person who manufactures, sells, offers for sale, or leases in this state any modular housing unit which does not bear the seal required by the provisions of such act.(3) The commission may administratively fine pursuant to section 75-156 any person who violates the act or any rule or regulation adopted and promulgated under the act.Source   Laws 1976, LB 248,  9;  Laws 1977, LB 41,  60;  Laws 1984, LB 822,  9;  Laws 1998, LB 1073,  97;  Laws 2008, LB797,  9. 
71-1564.  Commission; administer act; rules and regulations; powers; enumerated; charge for services.(1) The commission is hereby charged with the administration of the provisions of the Nebraska Uniform Standards for Modular Housing Units Act. The commission may adopt, amend, alter, or repeal general rules and regulations of procedure for carrying out and administering the provisions of such act in regard to (a) the issuance of seals, (b) the submission of plans and specifications of modular housing units, (c) the obtaining of statistical data respecting the manufacture and sale of modular housing units, and (d) the prescribing of means, methods, and practices to make effective such provisions. In adopting such rules and regulations, the commission may require that plans and specifications of modular housing units submitted to the commission be prepared and submitted only by a Nebraska architect or professional engineer.(2) A person intending to manufacture, sell, offer for sale, or lease a modular housing unit in the State of Nebraska shall submit plans, specifications, and a compliance assurance program in accordance with the act and shall be charged for engineering services of the commission provided for performing the review of such initial submittal at a rate of not less than fifteen dollars per hour and not more than sixty dollars per hour based upon sixty hours of review time as determined annually by the commission after published notice and a hearing.Source   Laws 1976, LB 248,  10;  Laws 1984, LB 822,  10;   Laws 1992, LB 1019,  68;  Laws 1997, LB 622,  100;  Laws 1998, LB 1073,  98;  Laws 2008, LB797,  10. 
71-1566.  Modular housing units; place manufactured, sold, or leased; open to inspection by commission.The commission through its authorized representatives may enter any place or establishment where modular housing units are manufactured, sold, offered for sale, or leased for the purpose of inspecting such modular housing units or parts thereof in order to ascertain whether the requirements of the Nebraska Uniform Standards for Modular Housing Units Act and the rules, regulations, and standards adopted by the commission have been complied with. If the commission appoints qualified nongovernmental inspectors or inspection agencies as its authorized representatives to carry out such inspections, the commission shall at all times exercise supervisory control over such inspectors or agencies to insure effective and uniform enforcement of its standards. No person may interfere with, obstruct, or hinder an authorized representative of the commission in the performance of such an inspection.Source   Laws 1976, LB 248,  12;  Laws 1984, LB 822,  12;  Laws 1998, LB 1073,  100.  
71-1567.  Seal; denied or suspended; hearing; appeal.(1) The commission shall refuse to issue a seal to a manufacturer for any modular housing unit not found to be in compliance with its standards governing the construction of or the structural, plumbing, heating, or electrical systems for modular housing units or for which fees have not been paid. Except in case of failure to pay the required fees, any such manufacturer may request a hearing before the commission on the issue of such refusal. Procedures for notice and opportunity for a hearing before the commission shall be pursuant to the Administrative Procedure Act. The refusal may be appealed, and the appeal shall be in accordance with section 75-136.(2) The issuance of seals may be suspended as to any manufacturer who is convicted of violating section 71-1563 or as to any manufacturer who violates any other provision of the Nebraska Uniform Standards for Modular Housing Units Act or any rule, regulation, commission order, or standard adopted pursuant thereto, and issuance of the seals shall not be resumed until such manufacturer submits sufficient proof that the conditions which caused the violation have been remedied. Any such manufacturer may request a hearing before the commission on the issue of such suspension. Procedures for notice and opportunity for a hearing before the commission shall be pursuant to the Administrative Procedure Act. The suspension may be appealed, and the appeal shall be in accordance with section 75-136.Source   Laws 1976, LB 248,  13;  Laws 1984, LB 822,  13;  Laws 1988, LB 352,  121;  Laws 1998, LB 1073,  101;  Laws 2008, LB797,  11;  Laws 2013, LB545,  2. Cross References  Administrative Procedure Act, see section 84-920.
71-1568.01.  Existing rules, regulations, orders, suits, and proceedings; effect of transfer.All rules, regulations, and orders of the Department of Health and Human Services Regulation and Licensure or its predecessor agency adopted prior to May 1, 1998, in connection with the powers, duties, and functions transferred to the Public Service Commission under the Nebraska Uniform Standards for Modular Housing Units Act, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to May 1, 1998, or which could have been commenced prior to that date, by or against such department or agency, or the director or employee thereof in such director's or employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from such department or agency to the commission.On and after May 1, 1998, unless otherwise specified, whenever any provision of law refers to such department or agency in connection with duties and functions transferred to the commission, the law shall be construed as referring to the commission.Any costs incurred by the department and associated with the transfer of powers, duties, and functions to the commission under the act shall be borne by the commission.Source Laws 1998, LB 1073,  102. 
71-1569.  Scald prevention device; required; when.(1) Except as provided in subsection (2) of this section, all bathtubs and showers installed in buildings which contain more than one dwelling unit after August 30, 1987, shall be equipped with either a pressure balancing or thermostatic-mixing scald prevention device which is designed and installed to prevent (a) sudden unanticipated changes in the temperature of the water delivered and (b) the temperature of the water delivered from exceeding one hundred fifteen degrees Fahrenheit.(2) Subsection (1) of this section shall not apply to showers or bathtubs installed in modular housing units as defined in section 71-1557, manufactured homes as defined in section 71-4603, or recreational vehicles as defined in section 71-4603.Source Laws 1987, LB 264,  1. 
71-157.  Transferred to section 38-194.
71-1570.  Scald prevention device; inspection.Persons employed by political subdivisions to inspect plumbing fixtures shall inspect showers and bathtubs for compliance with section 71-1569.Source Laws 1987, LB 264,  2. 
71-1571.  Scald prevention device; violation; penalty.Anyone who installs four or more showers or bathtubs, in a single building, in violation of section 71-1569 shall be guilty of a Class V misdemeanor.Source Laws 1987, LB 264,  3. 
71-1572.  Act, how cited.Sections 71-1572 to 71-15,168 shall be known and may be cited as the Nebraska Housing Agency Act.Source Laws 1999, LB 105,  1. 
71-1573.  Legislative findings.The Legislature declares that:(1) There exists within this state a shortage of residential housing that is decent, safe, and sanitary, situated in safe, livable neighborhoods, and affordable to persons of low and moderate income;(2) Many persons and families throughout this state occupy inadequate, overcrowded, unsafe, or unsanitary residential housing because they are unable to locate and secure suitable housing at a price that they can reasonably afford. This circumstance has resulted in undue concentrations of impoverished populations in certain areas, increased rates of crime, deterioration in human health, and other family and social dysfunction, thereby seriously and adversely affecting the public health, safety, and welfare of persons residing in this state;(3) In addition to the lack of suitable, affordable housing, there persists in numerous areas of this state conditions of economic distress accompanied by physical deterioration of public facilities and commercial and residential infrastructure;(4) It is the goal and policy of this state that all its residents shall have access to decent, safe, sanitary, and affordable housing in safe and livable neighborhoods and it is the policy of this state to assure the availability, for rental or sale, of decent, safe, and sanitary housing that is affordable to all persons residing in this state;(5) It is further the goal and policy of this state that, to the maximum extent feasible, persons and families benefiting from activities authorized under the Nebraska Housing Agency Act be encouraged to become economically self-sufficient;(6) Achieving permanent improvement in the living standards of persons of low and moderate income may require, in addition to providing enhanced housing opportunities, the delivery of social, educational, and other supportive services and the operation of programs to develop self-sufficiency and to provide economic and employment opportunities and other benefits for persons assisted under the act;(7) Persons of low and moderate income possess inadequate access to sources of equity and financing for the purchase and ownership of housing at rates and upon terms reasonably affordable to such persons;(8) The adverse conditions described in this section cannot be remedied, nor can the goals and policies of this section be successfully carried out, through the ordinary functioning of private enterprise alone. These objectives may be attainable by diligent efforts of public agencies acting both alone and cooperatively with private sector entities and enterprises. The actions of public agencies so taken are, therefor, not competitive with private enterprise;(9) The replanning and reconstruction of areas in which housing is unsafe or unsanitary or in which neighborhoods are unlivable; the provision of decent, safe, and sanitary housing that is affordable to persons of low and moderate income, including the development, leasing, or sale thereof; and the provision of supportive services and programs benefiting persons and families receiving housing assistance under the act are public uses and purposes and essential governmental functions for which public funds may be spent and private property acquired. The character of any expenditures of public funds contemplated under the act as necessary and proper public expenditures for essential government functions is not altered because such expenditures may be made to, or in connection with, the activities of private sector entities or enterprises, whether nonprofit or for-profit in nature;(10) The amount of funding for decent, safe, and sanitary housing that is affordable to persons of low and moderate income and for associated services to benefit such persons has not kept pace either with the growing demand for such housing and services or with the needs of local housing agencies to operate and maintain their facilities and programs. Since local housing agencies do not possess the power to tax, it is necessary to ensure other adequate funding sources for their activities. Accordingly, this state must provide to its local housing agencies sufficient power to adequately address the housing needs of persons of low and moderate income within this state and to operate related programs with funding derived from public and private sources as well as the federal government. In this regard it is further found that:(a) Carrying out the purposes of the act may necessitate agreements with private sector entities and with other public entities. It is the policy of this state to encourage such public-private and intergovernmental cooperation;(b) The purposes of the act will best be carried out by affording to local housing agencies of this state the maximum amount of flexibility, responsibility, and discretion. Therefor, in carrying out the purposes of the act, such agencies shall be presumed to possess necessary powers and legal prerogatives which will enable them to carry out their purposes;(c) Adequately serving persons who are eligible for assistance under the act may be possible only if the income of local housing agencies is supplemented by income derived from providing housing to persons who are not eligible for such assistance; and(d) Improved sources of financing must be made available to local housing agencies and by local housing agencies to the private sector of the economy to enable such agencies and private enterprise to increase the production of new housing and to conserve and preserve the supply of existing housing that is affordable for rental or sale to persons of low and moderate income;(11) This state and its public agencies should be involved to a significant degree in the provision of decent, safe, sanitary, and affordable housing within safe, livable neighborhoods for its residents. It is the policy of this state to cooperate and to encourage all of its public agencies to cooperate with local housing agencies in order to facilitate, to the maximum extent feasible, the planning, development, and operation of decent, safe, and sanitary housing that is affordable to persons of low and moderate income;(12) Adverse social conditions and crime problems, including drug-related crime problems, exist within this state and in some local housing agency developments. All reasonable and practicable steps should be taken to mitigate adverse social conditions and to lessen the effects of drug and crime problems on residents of local housing agency developments. Local housing agencies should possess reasonable power and authority to establish and implement policies and to take all reasonable actions appropriate to mitigate adverse social conditions and to eliminate drug and crime problems in their developments; and(13) While it is the goal of this state to provide access to decent, safe, sanitary, and affordable housing to all of its residents, persons accepting assistance under the act shall, by such acceptance thereof, recognize their responsibilities to the local housing agencies providing such assistance and to other persons living in their vicinity. Accordingly, local housing agencies should be permitted to impose and enforce occupancy standards and requirements that are typical of those applicable in standard rental agreements.Source Laws 1999, LB 105,  2. 
71-1574.  Act; purposes.The purposes of the Nebraska Housing Agency Act are:(1) To remedy the shortage of decent, safe, and sanitary housing affordable to persons of low and moderate income, to provide opportunities to secure such housing to all such persons, to preserve existing supplies of such housing, and to create, administer, and operate programs to increase and maintain access to decent, safe, and sanitary rental housing and home ownership upon terms affordable to such persons;(2) To encourage the development, redevelopment, rehabilitation, and preservation of safe, livable neighborhoods containing housing that is affordable to persons of low and moderate income, including mixed-income developments, and to reduce where feasible high residential concentrations of impoverished persons;(3) In connection with the provision of affordable housing and related activities authorized under the act, to eliminate or ameliorate conditions of blight and physical deterioration in public facilities and the residential infrastructure;(4) To provide housing, rental, and other assistance to persons of low and moderate income and assistance to properties and entities in accordance with the provisions of the act and, subject to standards and procedures adopted by the local housing agency, to authorize the provision by local housing agencies of supportive services and programs of every kind and description to advance the social, educational, and economic well-being and the economic and social self-sufficiency of persons receiving housing assistance under the act so as to create wholesome living environments, eliminate long-term poverty, encourage gainful employment, develop social and economic self-sufficiency, including living independently of housing assistance, and enhance personal responsibility on the part of such persons;(5) To increase intergovernmental cooperation and the use of consortia and intergovernmental partnerships for the development of affordable housing and suitable neighborhoods;(6) To encourage the use of entrepreneurial methods and approaches and to stimulate and increase private sector initiatives and joint public-private sector initiatives by local housing agencies in carrying out the purposes and provisions of the act;(7) To increase the availability, from both public and private sector sources, of financing for the purchase of dwellings and the financing for home improvements, repairs, and rehabilitation at rates and upon terms that are affordable to persons of low or moderate income and to increase the availability of sources of equity and other financing for the development and operation by local housing agencies and private sector entities of decent, safe, and sanitary rental housing that is affordable to persons of low and moderate income; and(8) In carrying out the purposes described in this section, to vest in local housing agencies reasonable responsibility, authority, and discretion.Source Laws 1999, LB 105,  3. 
71-1575.  Terms, defined.For purposes of the Nebraska Housing Agency Act:(1) Affiliate means any corporation, entity, partnership, venture, syndicate, or arrangement in which a local housing agency participates by holding an ownership interest or participating in its governance, including both controlled and noncontrolled affiliates;(2) Affordable housing means dwelling units that may be rented or purchased, as the case may be, by persons of eligible income and qualifying tenants, with or without government assistance;(3) Agreement means a contract or other legal relations with another party, whether public or private;(4) Area of operation means the geographical area within which a local housing agency may own or operate housing developments as described in section 71-1588;(5) City means an incorporated city or village;(6) Commissioner means a person serving on the governing board of a local housing agency, including any person identified under prior law as a member of a housing authority;(7) Community facilities means real and personal property suitable for recreational, educational, health, or welfare purposes, including, but not limited to, buildings, equipment, and parks and other spaces or structures;(8) Controlled affiliate means any affiliate of a local housing agency (a) in which commissioners, officers, employees, and agents of such agency constitute a majority of the governing body of such entity or (b) in which such agency holds a majority of the ownership interests;(9) Development or housing development means and includes all dwellings and associated appurtenances, including real and personal property, and all other facilities and improvements of every kind and description which a local housing agency may own or operate or in which it may hold an interest under the provisions of the act; all land upon which such dwellings, appurtenances, and facilities are situated; all work and activities undertaken by a local housing agency or others relating to the creation of such property and all tangible and intangible personal property relating thereto, including all leases, licenses, agreements, and other instruments; and all rights and obligations arising thereunder establishing or confirming ownership, title, or right of use or possession in or to any such property by a local housing agency;(10) Establishing a housing agency means taking all actions required under sections 71-1576 to 71-1587 to be taken by the governing body of a city or county or, in the case of a regional housing agency, by the governing bodies of all political subdivisions participating therein, for a housing agency to conduct business and to exercise its powers. In the case of a housing agency or housing authority existing on January 1, 2000, established means that such agency has been authorized to conduct business and exercise its powers in accordance with prior law;(11) Family means a single person or a number of persons that may, but need not, include children, that a local housing agency accepts for occupancy of a dwelling, or to which such agency offers or provides other assistance, as particularly defined in the eligibility and occupancy standards adopted by the agency;(12) Guest means any person, not a resident of such development, who is present within a development, or any person, not a resident in such dwelling, who is present within a dwelling in a development, as an invitee of or otherwise with the acquiescence or consent of a resident of such development or dwelling, as the case may be;(13) Hold an interest means ownership, control of, or participation in an arrangement with respect to a development by a local housing agency or any affiliate thereof;(14) Household means a family as defined in subdivision (11) of this section;(15) Housing agency or agency means and includes both a local housing agency established pursuant to sections 71-1576 to 71-1580 and a regional housing agency established pursuant to sections 71-1581 to 71-1587. Reference in any prior or other law to housing authority is deemed to refer to housing agency. Wherever the context requires or permits, housing agency or agency includes controlled affiliates of a housing agency;(16) Local housing agency or agency means a public body, corporate and politic, previously established or to be established by a city or a county pursuant to the authority provided in the act, exercising necessary and essential governmental functions for the purposes stated in the act in matters of statewide concern, although its operations are local in nature. A local housing agency shall be a political subdivision of this state, independent from the city or county which established or establishes it or which may appoint some or all of its commissioners. Any reference in the act to a local housing agency includes a housing agency or a regional housing agency, unless the context clearly otherwise requires. The term local housing agency also includes any housing authority established under prior law;(17) Mixed-finance development means a development that is financed both by funding derived from the private sector and funding provided by the government that is permitted to be used for the development of affordable housing;(18) Mixed-income development means a housing development intended to be, and which in fact is, occupied both by persons of eligible income and by other persons, and if such other persons are living in a development constructed or acquired and substantially occupied after January 1, 2000, the incomes of such other persons at initial occupancy shall not exceed one hundred percent of the median income in the county in which the development is located;(19) Noncontrolled affiliate means an affiliate in which a local housing agency participates that is not a controlled affiliate;(20) Person includes a family;(21) Persons of eligible income means:(a) With respect to state or federally funded activities or developments, individuals or families who meet the applicable income requirements of the state or federal program involved, if any such state or federal income requirements are applicable, and, if none are so applicable, then individuals or families who meet the requirements of subdivision (b) of this subdivision; and(b) With respect to activities and developments other than those to which subdivision (a) of this subdivision is applicable, individuals or families who, in the determination of the local housing agency, lack sufficient income or assets, taking into account all resources available to such individuals or families from whatever source derived or reasonably derivable, to enable them, without undue hardship or governmental financial assistance, to purchase or rent, as the case may be, decent, safe, and sanitary dwellings of adequate size, except that the income of such families shall not exceed eighty percent of the area median income for families of like size;(22) Public agency means and includes any: (a) County, city, village, or township; school, drainage, tax, improvement, or other district; local housing agency; department, division, or political subdivision of this state or another state; housing agency, housing finance agency, or housing trust of this state or another state; and other agency, bureau, office, authority, or instrumentality of this state or another state; (b) board, agency, commission, division, or other instrumentality of a city or county; and (c) board, commission, agency, department, or other instrumentality of the United States, or any political subdivision or governmental unit thereof;(23) Qualifying tenants means persons described in subdivision (21)(b) of this section and individuals and families whose income does not exceed one hundred twenty-five percent of the maximum income standard applicable under subdivision (21)(b) of this section;(24) Regional housing agency means a public body, corporate and politic, and a governmental subdivision of this state, formed by two or more cities, two or more counties, or a combination of cities and counties, pursuant to the authority provided in sections 71-1581 to 71-1587, exercising necessary and essential governmental functions for the purposes stated in the act in matters of statewide concern, although its operations are local or regional in nature. It is a political subdivision of this state, independent from political subdivisions of this state which established it or which may appoint some or all of its commissioners;(25) Representative means a commissioner, officer, employee, or agent of a local housing agency; and(26) Resident means a person residing in a development of a housing agency pursuant to an agreement with such agency.Source Laws 1999, LB 105,  4. 
71-1576.  Authority established under prior law; existence and actions; how treated.Any local housing authority established under any prior Nebraska law relating to housing authorities and in existence on January 1, 2000, shall have continued existence as a housing agency under the Nebraska Housing Agency Act and shall thereafter conduct its operations consistent with the act. All property, rights in land, buildings, records, and equipment and any funds, money, revenue, receipts, or assets of an authority shall belong to the agency as successor. All obligations, debts, commitments, and liabilities of an authority shall become obligations, debts, commitments, and liabilities of the successor agency. Any resolution by an authority and any action taken by the authority prior to January 1, 2000, with regard to any project or program which is to be completed within or to be conducted for a twelve-month period following January 1, 2000, and which resolution or action is lawful under Nebraska law as it exists prior to January 1, 2000, shall be a lawful resolution or action of the successor agency and binding upon such successor agency and enforceable by or against such agency notwithstanding that such resolution or action is inconsistent with, not authorized, or prohibited under the provisions of the act. All commissioners of such agency and all officers, legal counsel, technical experts, directors, and other appointees or employees of such agency holding office or employment by virtue of any such prior law on January 1, 2000, shall be deemed to have been appointed or employed under the act.Source Laws 1999, LB 105,  5. 
71-1577.  Local housing agency; created; when.In each city and county of this state which has not previously established a housing agency or authority, there is hereby created a local housing agency. Such agency shall not be deemed to be established under the Nebraska Housing Agency Act, nor shall it be authorized to conduct any business or exercise any of its powers, unless and until the governing body of the city or county declares by resolution or ordinance that a need exists for such a local housing agency to function in such city or county and finds that there exists a shortage of decent, safe, and sanitary housing in such city or county that is available and affordable to all residents regardless of income.Source Laws 1999, LB 105,  6. 
71-1578.  Local housing agency; resolution or ordinance; effect.In order for a city or county to establish a local housing agency which may conduct business and exercise its powers, the governing body of such city or county desiring to establish such agency shall adopt a resolution or ordinance declaring that there is a need for a local housing agency in such city or county because there exists a shortage of decent, safe, and sanitary housing in such city or county that is affordable to all residents thereof, regardless of income. No further action or findings shall be necessary. Upon the adoption of such resolution or ordinance, the local housing agency shall be established and shall have perpetual existence unless dissolved in accordance with law.Source Laws 1999, LB 105,  7. 
71-1579.  Local housing agency; name.Each local housing agency established pursuant to the Nebraska Housing Agency Act shall adopt, within or together with the resolution or ordinance required under section 71-1578, a name for all legal and operating purposes. The name so adopted shall include a reference to the geographic locus of the agency and such other name or identifier as the governing body establishing the agency shall determine. A local housing agency established under prior law may adopt a name consistent with this section by resolution or ordinance adopted by at least two-thirds of such agency's entire board of commissioners and approved by the governing body of the city or county establishing such agency.Source Laws 1999, LB 105,  8. 
71-158.  Transferred to section 38-195.
71-1580.  Local housing agency; evidence of establishment.A duly certified copy of the resolution or ordinance establishing a local housing agency shall, in any proceeding in which such evidence may be required, be conclusive evidence that such agency has been properly established and is authorized to transact business and exercise its powers under the Nebraska Housing Agency Act.Source Laws 1999, LB 105,  9. 
71-1581.  Regional housing agency; resolution or ordinance to establish.Any two or more cities, two or more counties, or any combination of cities and counties may, by resolution or ordinance of their separate governing bodies, establish a regional housing agency by adopting a joint resolution or ordinance declaring that there is a need for a regional housing agency to provide decent, safe, and sanitary housing that is affordable to persons of low and moderate income residing in a multijurisdictional area and that this need would be more efficiently served by the establishment of a regional housing agency.Source Laws 1999, LB 105,  10. 
71-1582.  Regional housing agency; resolution or ordinance; effect.Upon the adoption of a resolution or ordinance, as provided in section 71-1581, by two or more cities or counties, a regional housing agency shall be established, and except as otherwise provided in the Nebraska Housing Agency Act, such regional housing agency shall have perpetual existence unless dissolved in accordance with law.Source Laws 1999, LB 105,  11. 
71-1583.  Regional housing agency; name.Each regional housing agency established pursuant to the Nebraska Housing Agency Act shall adopt, within or together with the resolution or ordinance required under section 71-1581, a name for all legal and operating purposes. The name so adopted shall include a reference to the geographic locus of the agency and such other name or identifier as the governing bodies establishing the agency shall determine. A regional housing agency established under prior law may adopt a name consistent with this section by resolution or ordinance adopted by at least two-thirds of such agency's entire board of commissioners and approved by the governing bodies of all political subdivisions establishing such agency.Source Laws 1999, LB 105,  12. 
71-1584.  Regional housing agency; evidence of establishment.A duly certified copy of the resolution or ordinance establishing a regional housing agency shall, in any proceeding in which such evidence may be required, be conclusive evidence that such agency has been properly established and is authorized to transact business and exercise its powers under the Nebraska Housing Agency Act.Source Laws 1999, LB 105,  13. 
71-1585.  Regional housing agency; additional members; procedure.After a regional housing agency has been established, any additional city or county may elect to participate as a member of such regional housing agency upon adoption of a resolution or ordinance to such effect containing, in substance, the findings provided in section 71-1581, if a majority of the existing commissioners of such regional housing agency and all participating political subdivisions, by action of their respective governing bodies, consent to such additional member or members.Source Laws 1999, LB 105,  14. 
71-1586.  Regional housing agency; withdrawal; conditions; effect.Any participating city or county may withdraw from participation in the regional housing agency by resolution or ordinance of its governing body. Any withdrawal from participation shall be subject to, and may occur only pursuant to, the following conditions:(1) The regional housing agency has no bonds, notes, or other obligations outstanding or adequate provision for payment of such bonds, notes, or other obligations, by escrow or otherwise, has been made. Past performance without breach or default of an obligation secured only by one or more developments or the income thereof shall be deemed to be adequate provision;(2) The withdrawing city or county has made adequate provision for the performance of all of its outstanding obligations and responsibilities as a participant in the regional housing agency;(3) The withdrawing city or county has given six months' written notice to the regional housing agency and all other cities and counties participating therein; and(4) The commissioner or commissioners appointed by the withdrawing city or county shall be deemed to have resigned as of the date upon which the withdrawal is effective. Vacancies on the board of commissioners created by withdrawal of a city or county shall be filled in such manner as the cities and counties remaining as participants shall agree.Notwithstanding the withdrawal of any participating city or county, the legal title to and operating responsibility for any development located outside the area of operation of the regional housing agency remaining after such withdrawal has occurred shall continue to be vested in the regional housing agency unless a different arrangement is made.Source Laws 1999, LB 105,  15. 
71-1587.  Regional housing agency; become local housing agency or dissolve; when.If only one city or county remains as a participant in any regional housing agency, such regional housing agency shall become the local housing agency of the remaining city or county at the discretion of its governing body, or such regional housing agency shall be dissolved and its assets and liabilities transferred to another existing housing agency or to a city or county or other public agency in the manner provided for dissolution of a local housing agency under sections 71-15,108 to 71-15,111.Source Laws 1999, LB 105,  16. 
71-1588.  Area of operation; effect on jurisdiction.(1) The area of operation of a local housing agency shall be, depending upon the classification of the political subdivision establishing the agency, one of the following:(a) In the case of a local housing agency established by a city, the agency's area of operation shall be the city and the area within ten miles from the territorial boundaries thereof. For purposes of this subdivision, home county means the county in which the city establishing the local housing agency is situated. Depending upon the geographical location of the city, an area of operation may include portions of one or more counties. It may also include areas lying within the territorial boundaries of cities outside the city establishing the local housing agency. In order to resolve territorial conflicts, the following rules shall apply:(i) In the case of the local housing agency's home county, it may operate outside of the area described in subdivision (a) of this subsection in the unincorporated areas of the home county without the need for the county's consent unless the home county has established its own local housing agency. If the home county has established a local housing agency, then the city's local housing agency may so operate outside the area described in this subdivision only with the consent of the county board;(ii) In the case of incorporated areas of the home county, the local housing agency may only operate within the territorial boundaries thereof by consent of the other city and its local housing agency, if any;(iii) In the case of unincorporated portions of counties other than the local housing agency's home county, it may operate only with the consent of the county board, regardless of whether the other county has established a local housing agency;(iv) In the case of incorporated areas within other counties, it may operate only with the consent of the governing body of any city incorporating such areas and, if the other city has also established its own local housing agency, also with the consent of the other local housing agency; and(v) Notwithstanding any other provision of this section, a local housing agency may, subject to the limitations stated in subdivision (28) of section 71-15,113, provide rental assistance to persons residing outside the agency's area of operation as defined in this section;(b) In the case of a local housing agency established by a county, the agency's area of operation shall be all of the county except that portion which lies within the territorial boundaries of any city in which a local housing agency has been established;(c) In the case of a regional housing agency, the agency's area of operation shall be an area equivalent to the total areas of operation which the local housing agencies, if created separately by political subdivisions establishing the regional housing agency, would have when aggregated. The area of operation of a regional housing agency shall not include any area which lies within the territorial boundaries of any city or county in which a local housing agency has been established and which city or county is not a participant in the regional housing agency. The local housing agency of the city or county and the governing body of the city or county may consent to the operation of one or more developments by the regional housing agency within the city's or county's territorial boundaries; and(d) Whether due to changes in the boundaries of cities or counties which have established local housing agencies, or the establishment of new local housing agencies, or for any other reason, territories may exist that include the area of operation of two or more local housing agencies. Such areas shall be areas of concurrent jurisdiction. No local housing agency whose area of operation includes an area of concurrent jurisdiction shall construct, acquire, or develop any new housing development within the area of concurrent jurisdiction except upon sixty days' prior written notice to all other local housing agencies existing within such area of concurrent jurisdiction. The notice shall specify the location, size, and general nature of the proposed new development. Any local housing agency receiving the notice shall have thirty days to send written objections thereto to the local housing agency sending the notice and proposing the new development. If written objections are timely made, the local housing agency proposing the new development shall not proceed unless and until both agencies have made a good faith effort to resolve their differences and, failing such resolution, the proposing local housing agency shall submit the matter to the governing body of the city or county in which the proposed new development is planned to be located. The governing body, after allowing both local housing agencies to be heard, shall decide whether the new development shall be constructed, acquired, or developed by the local housing agency proposing such action.(2) Any housing development established by a housing agency pursuant to law shall continue to be maintained and operated by the housing agency so establishing the development or its designee unless the development is conveyed to another housing agency or to a city, county, or other public agency or is otherwise disposed of in accordance with law.(3) Notwithstanding the area of operation as provided in this section, all local housing agencies shall have the jurisdiction and authority to cooperate and contract with all other local housing agencies and other public agencies within this state and any public agencies of any other state, with the federal government, and with any person or entity, public or private, and wherever located, in order to carry out the purposes of the Nebraska Housing Agency Act. Such cooperation may include, but shall not be limited to, activities and operations conducted with the agreement of any public agency. The area of operation of a local housing agency shall be deemed to include any other area or areas within any city or county, regardless of location, with respect to which the city or county within whose boundaries such area or areas lie agrees to allow the local housing agency to operate.Source Laws 1999, LB 105,  17. 
71-1589.  Debts and liability; responsibility.Except to the extent such city or county or this state may expressly elect to undertake such liability, neither any city or county with respect to which a local housing agency is established, nor any city or county participating in a regional housing agency, nor the state, nor any other public agency of this state shall be responsible for the debts or liabilities of any local housing agency or regional housing agency.Source Laws 1999, LB 105,  18. 
71-159.  Transferred to section 38-1,102.
71-1590.  Taxation of property; Indian housing authorities; payments in lieu of taxes.(1) The real and personal property of a local housing agency and any wholly owned controlled affiliate thereof used solely (a) for the administrative offices of the housing agency or wholly owned controlled affiliate thereof, (b) to provide housing for persons of eligible income and qualifying tenants, and (c) for appurtenances related to such housing shall be exempt from all taxes and special assessments of any city, any county, the state, or any public agency thereof, including without limitation any special taxing district or similar political subdivision. All other real and personal property of the housing agency or wholly owned controlled affiliate thereof shall be deemed to not be used for a public purpose for purposes of section 77-202 and shall be taxable as provided in sections 77-201 and 77-202.11. Property owned jointly by a housing agency or its wholly owned controlled affiliates with other nongovernmental persons or entities shall be exempt from such taxes and assessments to the extent of the ownership interest which the housing agency and its wholly owned controlled affiliates hold in the property and to the extent the property is used solely to provide housing for persons of eligible income and qualifying tenants. Nothing in this section shall be deemed to preclude a housing agency and its wholly owned controlled affiliates from entering into an agreement for the payment of all or any portion of any special assessments which might otherwise be assessed except for the exemption created by this section.(2) A housing agency may agree to make payments in lieu of all taxes or special assessments to the county within whose territorial jurisdiction any development of such housing agency or its controlled affiliates is located, for improvements, services, and facilities furnished by the city, county, or other public agencies, for the benefit of such development. Nothing contained in this section shall be deemed to require such an agreement by a local housing agency, and in no event shall the amounts payable by the housing agency exceed the amounts which, except for the exemption provided in this section, would otherwise be payable under regular taxes and special assessments for similar properties referred to in subsection (1) of this section. All payments in lieu of taxes made by any such housing agency shall be distributed by the county to all public agencies in such proportion that each public agency shall receive from the total payment the same proportion as its property tax rate bears to the total property tax which would be levied by each public agency against property of the housing agency if the same were not exempt from taxation.(3) The property of Indian housing authorities created under Indian law shall be exempt from all taxes and special assessments of the state or any city, village, or public agency thereof. In lieu of such taxes or special assessments, an Indian housing authority may agree to make payments to any city, village, or public agency for improvements, services, or facilities furnished by such city, village, or public agency for the benefit of a housing project owned by the housing authority, but in no event shall such payments exceed the estimated cost to such city, village, or public agency of the improvements, services, or facilities to be so furnished. All payments made by any such housing authority in lieu of taxes, whether such payments are contractually stipulated or gratuitous voluntary payments, shall be distributed among the cities, villages, or public agencies within which the housing project is located, in such proportion that each city, village, or public agency shall receive from the total payment the same proportion as its ad valorem tax rate bears to the total ad valorem tax rate which would be levied by each city, village, or public agency against the properties of the Indian housing authority if the same were not exempt from taxation. For purposes of this section, (a) Indian housing authority means an entity that is authorized by federal law to engage or assist in the development or operation of low-income housing for Indians and which is established by the exercise of the power of self-government of an Indian tribe and (b) Indian law means the code of an Indian tribe recognized as eligible for services provided to Indians by the United States Secretary of the Interior.Source  Laws 1999, LB 105,  19;  Laws 2000, LB 1107A,  1.  
71-1591.  Property; exempt from judicial process.Except to the extent a local housing agency or its controlled affiliates may otherwise expressly agree, all real and personal property of a local housing agency and its controlled affiliates shall be exempt from execution, levy, and sale for the payment of debt or otherwise pursuant to any judicial or other process.Source Laws 1999, LB 105,  20. 
71-1592.  Agency representatives; exempt from licensing requirements; when.All representatives of a local housing agency, acting within the scope of carrying out the business and conducting the affairs of a local housing agency, shall be exempt from all licensing requirements imposed by any law with respect to the sale, rental, or management of real property or the improvement or development thereof, including requirements imposing any fee or charge.Source Laws 1999, LB 105,  21. 
71-1593.  Applicability of Administrative Procedure Act and procurement, operation, and disposition of property provisions.The following provisions of law, and any regulations relating thereto, shall not apply to a local housing agency unless the legislation imposing such requirements is expressly and specifically applicable to local housing agencies or the local housing agency expressly elects to be governed by such legislation or regulations:(1) The Administrative Procedure Act; and(2) Any law, resolution, ordinance, or regulation governing or otherwise applicable to the procurement of goods and services, or to the acquisition, operation, or disposition of property by public agencies of this state, including any requirements for delivery of payment or performance bonds by contractors.Source Laws 1999, LB 105,  22. Cross References  Administrative Procedure Act, see section 84-920.
71-1594.  Local housing agency; commissioners; appointment.(1) When the governing body of any city or county, as the case may be, has determined by resolution or ordinance as set forth in section 71-1578 that it is expedient to establish a local housing agency:(a) In the case of cities other than cities of the metropolitan class, the chief elected official of such city shall appoint at least five and not more than seven adult persons;(b) In the case of cities of the metropolitan class, the chief elected official of such city shall appoint seven adult persons; and(c) In the case of counties, the county board shall appoint at least five and not more than seven adult persons.(2) All such persons shall be residents of the area of operation of the agency. If the selection of a resident commissioner is required under section 71-15,104, then at least one such person shall be a resident commissioner selected as provided in such section. Such persons so appointed shall constitute the governing body of the local housing agency and shall be called commissioners.Source  Laws 1999, LB 105,  23;  Laws 2018, LB399,  1.  
71-1595.  Commissioners; powers; quorum; executive committee.(1) The powers of each local housing agency shall be vested in its commissioners in office. A majority of the commissioners shall constitute a quorum of the agency for the purpose of conducting its business and exercising its powers and for all other purposes. Except for any matter with respect to which the resolution or ordinance creating the agency or its bylaws requires a higher number or proportion of votes, action may be taken by the agency upon the vote of a majority of the commissioners present and voting.(2) Housing agencies that have twelve or more commissioners may, by resolution or bylaw, establish an executive committee of at least five commissioners. The committee shall have such powers over the management or operation of such housing agency as the commissioners of such agency shall specify and declare in the resolution establishing the executive committee.Source Laws 1999, LB 105,  24. 
71-1596.  Commissioners; appointment; procedure.When commissioners are appointed or reappointed by the chief elected official of a city or county, such appointments or reappointments shall be referred to the governing body of such city or county for confirmation or denial by such governing body, and such governing body shall confirm or deny any such appointment or reappointment.Source Laws 1999, LB 105,  25. 
71-1597.  Regional housing agency; commissioners; appointment.When the governing bodies of two or more political subdivisions have determined by resolution or ordinance pursuant to section 71-1581 to establish and participate in a regional housing agency, the chief elected officials of such political subdivisions or, if no such official exists for a participating political subdivision, then the governing body thereof, shall appoint adult persons who shall be residents of the area of operation of the regional housing agency. Such persons so appointed shall constitute the governing body of the regional housing agency and shall be called commissioners. The number of commissioners who shall be appointed by each participating political subdivision shall be as agreed upon by the participating political subdivisions.Source Laws 1999, LB 105,  26. 
71-1598.  Commissioners; terms.In the case of local housing agencies, the commissioners who are first appointed shall be designated to serve for terms of one, two, three, four, and five years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed for terms of five years. In the case of housing agencies when the appointing authority has elected to have more than five commissioners as provided in section 71-1594 or has elected to add one or two commissioners to a presently existing housing agency, the sixth commissioner who is first appointed shall be designated to serve for a term of four years and the additional commissioners who are first appointed shall be designated to serve for terms of five years from the date of appointment, but thereafter the commissioners shall be appointed for terms of five years.Source  Laws 1999, LB 105,  27;  Laws 2018, LB399,  2.  
71-1599.  Commissioners; vacancies.All vacancies shall be filled for the unexpired terms. A vacancy shall be filled not later than six months after the date of such vacancy by the same authority and in the same manner as the previous commissioner whose position has become vacant was appointed.Source  Laws 1999, LB 105,  28;  Laws 2020, LB1003,  185.  
71-1601.  Public health; counties over 200,000; regulation by single governmental subdivision.The people in any county having a population of more than two hundred thousand inhabitants may consolidate in the hands of one governmental subdivision the regulation of public health and the remedial care and treatment of the indigent sick people, instead of having each of the several governmental subdivisions, that may be existing therein, separately perform such functions; and they may declare that the regulation of public health as well as the remedial care and treatment of the indigent sick people are for the general welfare of all the people of the state.Source   Laws 1939, c. 92,  1, p. 398;   C.S.Supp.,1941,  71-3601;   R.S.1943,  71-1601. Cross References  County medical facilities, see section 23-3501 et seq.
71-1602.  Health district; territorial limits; how designated.The territory within and coextensive with any county having a population of two hundred thousand inhabitants or more may become, as hereinafter provided, a health district and shall be legally described as Nebraska Health District No. ..... .Source   Laws 1939, c. 92,  2, p. 398;   C.S.Supp.,1941,  71-3602;   R.S.1943,  71-1602. 
71-1603.  Health district; powers.Each health district formed pursuant to sections 71-1601 to 71-1625 shall be a body corporate. It may sue and be sued, purchase, own, hold and lease real and personal property reasonably adapted for use in performing its functions. In addition to all powers expressly herein conferred, such district shall possess such additional powers as may be reasonably necessary for it to efficiently and economically perform the purposes for which it has been created.Source   Laws 1939, c. 92,  3, p. 398;   C.S.Supp.,1941,  71-3603;   R.S.1943,  71-1603. 
71-1604.  Health district; creation; petition; election.In the event qualified voters, within any county having a population of more than two hundred thousand inhabitants, equal in number to ten percent or more of those voting for the office of Governor at the last preceding election, present to the board of such county a petition praying for the establishment of a health district within and coextensive with such county, it shall be the duty of such county board to submit the question to a vote of the people. Such question may be submitted at either a special election or a general election but must be submitted within ninety days from the filing with the board of the petition herein described. In the event of litigation, either to prevent submission of the question to the people or to compel the county board to call an election, the court hearing the question shall fix the date of the election, if it decides an election shall be held, and said date so fixed shall not be more than ninety days after such court order becomes final.Source   Laws 1939, c. 92,  4, p. 398;   C.S.Supp.,1941,  71-3604;   R.S.1943,  71-1604. 
71-1605.  Health district; election; laws applicable.Such election shall be called and conducted as now provided by law for special elections. The ballot shall provide for a vote for or against the proposed health district. The notice of election shall contain a brief description, in not more than two hundred words, of the proposed changes, specifying that the existing property be turned over to the health district by the creation thereof.Source   Laws 1939, c. 92,  5, p. 399;   C.S.Supp.,1941,  71-3605;   R.S.1943,  71-1605. 
71-1606.  Health district; election; Governor's proclamation; filing.Upon the canvass of the election returns, the election officials shall certify the returns to the Governor. If a majority of the votes cast shall have been in favor of establishing the proposed health district, then the Governor shall issue a proclamation to that effect. The health districts shall be numbered consecutively by the Governor. The proclamation of the Governor declaring that the health district has been established shall contain a description of the real estate transferred, and a copy shall be filed by the board he creates with the register of deeds in the county.Source   Laws 1939, c. 92,  6, p. 399;   C.S.Supp.,1941,  71-3606;   R.S.1943,  71-1606. 
71-1607.  Health district; board of health; members; term; vacancy.The business of each health district shall be managed by a board of five citizens. The term of office of the board members, except as herein otherwise provided, shall begin and end as provided by law for county officers. The first board shall be chosen at the election in which the health district is created. Any resident citizen may file as a candidate for the proposed board any time between the filing of the petition for the establishment of the board and ten days prior to the election thereon. The election officers shall canvass the votes for candidates at the same time the vote is canvassed for the creation of the district, and shall certify to the Governor the five individuals receiving the highest number of votes. At the same time the Governor proclaims the establishment of the health district, he shall proclaim said individuals as the governing board thereof. The term of the two individuals receiving the least votes shall end following the first general county election thereafter; the term of the two individuals receiving the next higher votes shall end following the second general county election thereafter; and the term of the individual receiving the highest vote shall end following the third general county election thereafter. A successor shall be elected for each member for a term of six years. Such successor shall be nominated and elected in the same manner as county officers on the nonpolitical ballot are chosen. Each board member shall continue in office until his successor is elected and qualified. Each member of the board shall qualify by filing an acceptance with the county clerk of the county in which he or she resides. In case of vacancy for any cause, a majority of the remaining members shall select a successor for the term, or the remainder of the term.Source   Laws 1939, c. 92,  6, p. 399;   C.S.Supp.,1941,  71-3606;   R.S.1943,  71-1607. 
71-1608.  Health district; political subdivision deemed fully compensated; when.Each governmental subdivision shall be deemed fully compensated for all real or personal property, possession of which has been turned over to the health district, and for all expense incurred in the organization of the health district, by the assumption and performance by the health district of the duties and obligations of such governmental subdivision in regard to public health and the remedial care and treatment of the indigent sick people.Source   Laws 1939, c. 92,  7, p. 400;   C.S.Supp.,1941,  71-3607;   R.S.1943,  71-1608. 
71-1609.  Board of health; meetings; officers; compensation.The board of health shall arrange for a permanent meeting place and hold at least one regular meeting each month. The board shall elect a president and vice president annually, and may also elect from outside their membership, a secretary and such other officers and employees as they may deem necessary for the administration of the affairs of the district, with such salary as the board shall direct. The members of the board shall be reimbursed for their necessary expense in performing their duties.Source   Laws 1939, c. 92,  8, p. 400;   C.S.Supp.,1941,  71-3608;   R.S.1943,  71-1609. 
71-161.01.  Transferred to section 38-177.
71-161.02.  Transferred to section 38-197.
71-161.03.  Transferred to section 38-190.
71-161.04.  Transferred to section 38-148.
71-161.06.  Transferred to section 38-149.
71-161.09.  Transferred to section 38-145.
71-161.10.  Transferred to section 38-146.
71-161.11.  Transferred to section 38-1,109.
71-161.13.  Transferred to section 38-1,110.
71-161.14.  Transferred to section 38-1,111.
71-161.15.  Transferred to section 38-1,112.
71-161.16.  Transferred to section 38-1,113.
71-161.19.  Transferred to section 38-173.
71-1610.  Health district; treasurer; duties; bond.The county treasurer of the county coextensive with such district shall be ex officio treasurer of the health district. He shall attend all meetings of the board when required to do so, shall prepare and submit in writing a monthly report of the state of its finances, and shall pay out its money only upon a warrant signed by the president, or in his absence by the vice president, and countersigned by the secretary. He shall give bond, payable to the health district, in the amount of one hundred thousand dollars. Such bond shall be signed by one or more surety companies of recognized responsibility and authorized to do business in this state. The cost of the bond shall be paid by the health district.Source   Laws 1939, c. 92,  9, p. 401;   C.S.Supp.,1941,  71-3609;   R.S.1943,  71-1610. 
71-1611.  Board of health; estimate of expenses; budget; tax authorized.The board of each health district organized pursuant to sections 71-1601 to 71-1625 shall annually during the month of January fix the amount of money for the proposed budget statement as may be deemed sufficient and necessary to conduct the affairs of the district during the ensuing fiscal year. After the adoption of the budget statement, the board of such health district shall certify the amount of tax to be levied upon all the taxable property of the district as is provided in the adopted budget statement to be received from taxation. The county board is directed, authorized, and required to levy and collect such amount of tax in the same manner as other taxes are levied and collected, except that the aggregate health district tax shall not exceed in any one year four and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such district.Source   Laws 1939, c. 92,  10, p. 401;   C.S.Supp.,1941,  71-3610;   R.S.1943,  71-1611;   Laws 1953, c. 287,  67, p. 969;   Laws 1969, c. 145,  40, p. 697;  Laws 1979, LB 187,  184;  Laws 1992, LB 719A,  158.  
71-1612.  Board of health; powers and duties.The board of health shall have and exercise, subject to the statutes, the executive power and authority and shall assume the responsibility concerning public health and remedial care and treatment of the indigent sick people, now or hereafter vested by statutes or regulations in each and every governmental subdivision within the health district, and shall have the title, control and management of the property owned by such governmental subdivisions and used exclusively for such health activities. All the functions now performed by any physician, except the coroner's physician and the insanity board's physician, or nurse employed by any governmental subdivision within the district, and any and all inspectors of foods, drinks, and the sanitary condition of property, vest in the health district which may be created by the provisions of sections 71-1601 to 71-1625. The management and control of all hospitals, buildings and personal property used exclusively in the medical care and treatment of the indigent sick people, and the segregation of those persons afflicted with infectious and contagious diseases, shall be in the said health district. The health district shall have the power and it shall be its duty to adopt measures for the control and eradication of preventable or communicable diseases, the inculcation of modern scientific methods of hygiene and sanitation, and the education of the public in matters relating to public health.Source   Laws 1939, c. 92,  11, p. 401;   C.S.Supp.,1941,  71-3611;   R.S.1943,  71-1612. 
71-1613.  Violations; penalty.Any person who shall violate any of the provisions of sections 71-1601 to 71-1625, or any rule or regulation made by the district health board, under the authority of said sections, shall be deemed guilty of a Class IV misdemeanor.Source   Laws 1939, c. 92,  11, p. 401;   C.S.Supp.,1941,  71-3611;   R.S.1943,  71-1613;  Laws 1977, LB 39,  160.  
71-1614.  Health service obtained by ineligible person; reimbursement.In the event remedial treatment or care is obtained by an individual who is in fact not indigent, or by an individual indigent where the primary legal responsibility rests upon a third party financially able to render such treatment or care, the health district shall have a right to recover the fair value of the treatment and care so rendered.Source   Laws 1939, c. 92,  11, p. 401;   C.S.Supp.,1941,  71-3611;   R.S.1943,  71-1614. 
71-1615.  Special health service; duty of district to provide; cost; how paid.In the event any political subdivision within the health district desires special remedial care or treatment for the members of such political subdivisions not given by the health district to all inhabitants of said district, it shall be the duty of the health district to furnish such service, and such governmental subdivision shall pay the health district for the cost of such special treatment or care so rendered.Source   Laws 1939, c. 92,  11, p. 401;   C.S.Supp.,1941,  71-3611;   R.S.1943,  71-1615. 
71-1616.  Board of health; department or division; director; qualifications; powers and duties.District health boards of each health district shall organize a department or division, with a director to administer the public health work and a district remedial care department or division. The director shall be a graduate of a recognized school of medicine, qualified by training and experience in public health work, and shall devote full time to his position. The director may be empowered to act for the board in public health matters and to supervise the division of remedial care and treatment of the indigent sick people.Source   Laws 1939, c. 92,  12, p. 402;   C.S.Supp.,1941,  71-3612;   R.S.1943,  71-1616. 
71-1617.  Rules and regulations; standards.In formulating rules, regulations, or other orders for the establishment of a health district or the carrying out of the purpose of sections 71-1601 to 71-1625 or for the management or control of any property which may come under the care or management of the board, the board and the director selected pursuant to section 71-1616 shall conform at least to the minimum requirements, rules, and regulations of the Department of Health and Human Services and the principles of public health and sanitation and the remedial care and treatment of the indigent sick people recognized by the medical profession.Source   Laws 1939, c. 92,  13, p. 403;   C.S.Supp.,1941,  71-3613;   R.S.1943,  71-1617;  Laws 1996, LB 1044,  567;  Laws 2007, LB296,  474. 
71-1618.  Health district; property of county; possession; when.Any health district, organized pursuant to the provisions of sections 71-1601 to 71-1625, shall not actually take possession of the properties provided for until the first day of the fiscal year of the county in which it is organized during which a tax levy has actually been made for the support of such district.Source   Laws 1939, c. 92,  14, p. 403;   C.S.Supp.,1941,  71-3614;   R.S.1943,  71-1618. 
71-1619.  Foods, drinks, properties; inspection; fees.Any health district, organized pursuant to the provisions of sections 71-1601 to 71-1625 in providing for the inspection of foods, drinks and properties within the district, may impose upon the owners or possessors of such food, drinks or properties, a reasonable fee to cover the cost of such district of all inspection necessary to reasonably safeguard the public health.Source   Laws 1939, c. 92,  15, p. 403;   C.S.Supp.,1941,  71-3615;   R.S.1943,  71-1619. 
71-162.01.  Transferred to section 38-152.
71-162.02.  Transferred to section 38-153.
71-162.03.  Transferred to section 38-154.
71-162.04.  Transferred to section 38-155.
71-162.05.  Transferred to section 38-156.
71-162.  Transferred to section 38-151.
71-1620.  Preexisting health regulations; effect.All measures that have been enacted by any governmental subdivision to effect any of the functions conferred upon a health district by sections 71-1601 to 71-1625 shall remain in full force and effect until a measure covering the same subject matter shall have been adopted by the board of the health district. Upon the adoption of such a measure, preexisting regulations shall become and be inoperative until dissolution of the health district.Source   Laws 1939, c. 92,  16, p. 403;   C.S.Supp.,1941,  71-3616;   R.S.1943,  71-1620. 
71-1621.  Epidemics or disasters; tax limitation inapplicable.The limitation provided by section 71-1611 as to the amount of levy which may be certified to the county board, shall not apply to emergency expenditures and obligations to abate or control an extreme outbreak or epidemic of disease or the occurrence of some disaster affecting the public health in the health district. The existence of such an emergency may be conclusively established by joint resolutions declaring such an emergency by the county board and the health board, or by the Governor of the state and the health board.Source   Laws 1939, c. 92,  17, p. 403;   C.S.Supp.,1941,  71-3617;   R.S.1943,  71-1621. 
71-1622.  Health district; bonds; optional payment; interest.Any health district organized pursuant to sections 71-1601 to 71-1625 may not borrow money and issue bonds therefor unless the issuance of the bonds has been submitted to the vote of the people of the district at a regular or special election and has been approved by a majority of the electors voting on the proposition, or an emergency has been declared, as provided in section 71-1621, and their issuance has been approved by the county board, in addition to the health board. In the event either of these two conditions has been met and bonds are issued, they shall not run for longer than fifteen years, shall bear interest, and shall provide for optional payment in whole or in part on or after five years from the date of issuance thereof.Source   Laws 1939, c. 92,  18, p. 404;   C.S.Supp.,1941,  71-3618;   R.S.1943,  71-1622;   Laws 1947, c. 15,  18, p. 93;   Laws 1969, c. 51,  119, p. 346.  
71-1623.  Health district; additional powers.Sections 71-1601 to 71-1625 shall vest in each health district the powers heretofore granted to other governmental subdivisions by all acts covering the same subject matter, and particularly by the pertinent parts of subdivisions (3) and (28) of section 14-102 and sections 14-101, 14-103, 14-219, 14-501, 15-201, 15-235, 15-236, 15-237, 16-201, 16-231, 16-238, 16-239, 16-308, 17-114, 17-121, 17-122, 17-207, 17-208, 18-1901, 19-501, 23-104, 23-105, 68-104, 68-114, 71-501, 71-503, and 79-526. It is not intended to repeal nor to amend any of the statutes listed in this section or any portion of them, but to suspend the exercise of the powers therein granted during the period that a health district is actually functioning so far as any governmental subdivision is concerned that may be within the county containing such health district.Source   Laws 1939, c. 92,  19, p. 404;   C.S.Supp.,1941,  71-3619;   R.S.1943,  71-1623;  Laws 1996, LB 900,  1057.  
71-1624.  Health district; dissolution; property; reversion.Upon the dissolution of any health district, real or personal property in its possession, originally obtained from any governmental subdivision, shall revert to such governmental subdivision. All other property shall revert to the county in which such health district has existed.Source   Laws 1939, c. 92,  20, p. 404;   C.S.Supp.,1941,  71-3620;   R.S.1943,  71-1624. 
71-1625.  Governmental subdivision, defined.The term governmental subdivision as used in sections 71-1601 to 71-1624 shall be defined to mean any county, city, village, school district, metropolitan utilities district, or any other subdivision of the state, which receives any revenue raised by taxation.Source   Laws 1939, c. 92,  22, p. 405;   C.S.Supp.,1941,  71-3622;   R.S.1943,  71-1625. 
71-1626.01.  Legislative intent.It is the intent of the Legislature that all persons residing in the State of Nebraska have access to public health services. It is the intent of the Legislature that local public health departments be established statewide and work collaboratively with local providers and community organizations in order to assure the full range of public health services as prescribed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services. The Legislature declares that each local public health department should be able to carry out core public health functions. Core public health functions include assessment and policy development, prevention of illness and disease, and assurance of services including public health nursing, health education, and environmental health services.Source Laws 2001, LB 692,  4. 
71-1626.  Terms, defined.For purposes of sections 71-1626 to 71-1636:(1) Core public health functions means assessment, policy development, and assurance designed to protect and improve the health of persons within a geographically defined community by (a) emphasizing services to prevent illness, disease, and disability, (b) promoting effective coordination and use of community resources, and (c) extending health services into the community, including public health nursing, disease prevention and control, public health education, and environmental health services;(2) County, district, or city-county health department means a governmental entity approved by the Department of Health and Human Services as a local full-time public health service which (a) utilizes local, state, federal, and other funds or any combination thereof, (b) employs qualified public health medical, nursing, environmental health, health education, and other essential personnel who work under the direction and supervision of a full-time qualified medical director or of a full-time qualified lay administrator and are assisted at least part time by at least one medical consultant who shall be a licensed physician, and (c) is operated in conformity with the rules, regulations, and policies of the Department of Health and Human Services. The medical director or lay administrator shall be called the health director; and(3) Local public health department means a county, district, or city-county health department.Source   Laws 1943, c. 152,  1, p. 554;   R.S.1943,  71-1626;  Laws 1972, LB 1497,  1;  Laws 1994, LB 1223,  34;  Laws 1996, LB 1044,  568;  Laws 2001, LB 692,  2;  Laws 2004, LB 1005,  62;  Laws 2007, LB296,  475. 
71-1627.  Local public health department; health director; other personnel.A local public health department shall have a health director at its head who is required to give his or her entire time to the duties of the office and such other necessary qualified full or part-time health officers, environmental health specialists, public health nurses, health educators, and clerical assistants as may be necessary to carry on the activities pertinent to the health department.Source   Laws 1943, c. 152,  2, p. 554;   R.S.1943,  71-1627;  Laws 1972, LB 1497,  2;  Laws 1994, LB 1223,  35;  Laws 2001, LB 692,  3.  
71-1628.01.  County or district health department; termination; procedure.A county or district health department established under sections 71-1626 to 71-1636 may be terminated, following a public hearing, by a majority vote of the county board members for any county having a health department or of the majority of county boards having a district health department. A city-county health department may be terminated as provided by the agreement between the county and the city.Source   Laws 1943, c. 152,  3, p. 554;   R.S.1943,  71-1628;   Laws 1949, c. 206,  1(2), p. 593;  Laws 1994, LB 1223,  37;  Laws 1997, LB 185,  2.  
71-1628.04.  Core public health functions; contract authorized.(1) Each local public health department shall carry out the core public health functions within its geographically defined community.(2) Each local public health department shall include the essential elements in carrying out the core public health functions to the extent applicable within its geographically defined community and to the extent funds are available. The essential elements include, but are not limited to, (a) monitoring health status to identify community health problems, (b) diagnosing and investigating health problems and health hazards in the community, (c) informing, educating, and empowering people about health issues, (d) mobilizing community partnerships to identify and solve health problems, (e) developing policies and rules that support individual and community health efforts, (f) enforcing laws, rules, and regulations that protect public health and the environment and ensure safety, (g) linking people to needed medical and mental health services and assuring the provision of health care when not otherwise available, (h) assuring a competent workforce within the health care industry and the public health departments, (i) evaluating effectiveness, accessibility, and quality of services within the health care industry and the public health departments, and (j) researching to gain new insights and innovative solutions to health problems.(3) Any department or agency of the State of Nebraska may contract with a local public health department for the performance of public health administration or other functions at the discretion of and under the direction of such state department or agency.Source  Laws 2001, LB 692,  7;  Laws 2004, LB 1005,  63.  
71-1628.05.  Report.Each local public health department shall prepare an annual report regarding the core public health functions carried out by the department in the prior fiscal year. The report shall be submitted to the Department of Health and Human Services by October 1. The Department of Health and Human Services shall compile the reports and submit the results electronically to the Health and Human Services Committee of the Legislature by December 1.Source  Laws 2001, LB 692,  8;  Laws 2005, LB 301,  35;  Laws 2007, LB296,  477;  Laws 2012, LB782,  111. 
71-1628.06.  Core public health functions; personnel.The Department of Health and Human Services shall employ two full-time persons with expertise in the public health field to provide technical expertise in carrying out core public health functions and essential elements and coordinate the dissemination of materials to the local public health departments.Source  Laws 2001, LB 692,  9;  Laws 2005, LB 301,  36;  Laws 2007, LB296,  478. 
71-1628.07.  Satellite office of minority health; duties.(1) The Department of Health and Human Services shall establish a satellite office of minority health in each congressional district to coordinate and administer state policy relating to minority health. Each office shall implement a minority health initiative in counties with a minority population of at least five percent of the total population of the county as determined by the most recent federal decennial census which shall target, but not be limited to, infant mortality, cardiovascular disease, obesity, diabetes, and asthma.(2) Each office shall prepare an annual report regarding minority health initiatives implemented in the immediately preceding fiscal year. The report shall be submitted to the department by October 1. The department shall submit such reports electronically to the Health and Human Services Committee of the Legislature by December 1.Source  Laws 2001, LB 692,  10;  Laws 2003, LB 412,  1;  Laws 2005, LB 301,  37;  Laws 2007, LB296,  479;  Laws 2012, LB782,  112. 
71-1628.08.  County Public Health Aid Program; created; funds; distribution.(1) The County Public Health Aid Program is created. Aid as appropriated by the Legislature from the Nebraska Health Care Cash Fund shall be distributed in each fiscal year as provided in this section.(2) Of funds appropriated by the Legislature under subsection (1) of this section, the following amounts shall be distributed to local public health departments established under sections 71-1626 to 71-1636:(a) One hundred thousand dollars to each local public health department established by at least three contiguous counties with a total population of at least thirty thousand and not more than fifty thousand persons;(b) One hundred twenty-five thousand dollars to each local public health department established by a single county with a total population of more than fifty thousand and not more than one hundred thousand persons, with or without additional counties as part of the department, or by at least three contiguous counties with a total population of more than fifty thousand and not more than one hundred thousand persons; and(c) One hundred fifty thousand dollars to each local public health department established by one or more counties with a total population of more than one hundred thousand persons.(3) Any appropriated funds not distributed under subsection (2) of this section shall be allocated among all counties on a per capita basis as determined by the most recent federal decennial census. The funds allocated for each county shall be distributed to the local public health department which is established by such county and receiving funding under subsection (2) of this section. Any funds not distributed under this subsection shall be equally distributed among all local public health departments receiving funding under subsection (2) of this section.(4) Funds appropriated under this section shall not be used to replace existing county funding to any local public health department. Funding for any local public health department under this section shall be reduced to offset any such replacement.Source  Laws 2001, LB 692,  11;  Laws 2003, LB 412,  2;  Laws 2004, LB 1005,  64.  
71-1628.  County board; powers.The county board of any county may (1) make an agreement with the Department of Health and Human Services relative to the expenditure of local, state, federal, and other funds or any combination thereof, available for public health in such county; (2) after notice and public hearing, establish and maintain a single full-time local health department for such county and any other counties which combine for that purpose and, pursuant to such combination or agreement, such counties may cooperate with one another and the Department of Health and Human Services and may contribute to a joint fund in carrying out the purpose and intent of sections 71-1626 to 71-1636. The duration and nature of such agreement shall be evidenced by the resolutions of the county boards of such counties, and such agreement shall be submitted to and approved by the Department of Health and Human Services; or (3) cooperate with any city in the establishment and maintenance of a city-county health department as provided in section 71-1630. The duration and nature of such an agreement shall be evidenced by resolutions of the city council of the city and the county board participating, and such agreement shall be submitted to and approved by the Department of Health and Human Services. A city-county health department shall be administered as provided in the agreement between the county and the city and shall be considered a state-approved, local, full-time public health service.Source   Laws 1943, c. 152,  3, p. 554;   R.S.1943,  71-1628;   Laws 1949, c. 206,  1(1), p. 591;  Laws 1972, LB 1497,  3;  Laws 1994, LB 1223,  36;  Laws 1996, LB 1044,  569;  Laws 1997, LB 185,  1;  Laws 2007, LB296,  476. 
71-1629.01.  District health department; county board; levy; limitation.The county boards of the counties which have established a district health department may levy and collect an annual tax of not to exceed eight-tenths of one cent on each one hundred dollars upon the taxable value of all the taxable property in such county as may be necessary to meet the expenditures of such district health department in proportion to which the population of such county bears to the entire population of such district subject to section 77-3443.Source   Laws 1943, c. 152,  4, p. 556;   R.S.1943,  71-1629;   Laws 1949, c. 206,  2(2), p. 593;   Laws 1953, c. 287,  69, p. 970;  Laws 1979, LB 187,  185;  Laws 1992, LB 719A,  159;  Laws 1994, LB 1223,  39;  Laws 1996, LB 1114,  63.  
71-1629.02.  Municipalities; powers; levy.Municipalities located within counties which have established health departments or which join in the establishment of a city-county health department may (1) cooperate in the maintenance of such health departments as health departments for such municipalities, (2) incur the necessary expenses for their proportionate share in the establishment and maintenance of such health departments, and (3) levy and collect an annual tax to meet and pay such expenses.Source   Laws 1943, c. 152,  4, p. 556;   R.S.1943,  71-1629;   Laws 1949, c. 206,  2(3), p. 594;   Laws 1953, c. 287,  70, p. 970;   Laws 1967, c. 449,  2, p. 1393;  Laws 1984, LB 783,  2;  Laws 1994, LB 1223,  40.  
71-1629.  County or city-county health department; county board; powers; tax; election; when required.(1) The county board of a county which has established a county or city-county health department may (a) incur the expenses necessary for the establishment and maintenance of such health department and (b) appropriate and use any unused funds in the general fund belonging to the county for the purposes set forth in sections 71-1626 to 71-1636.(2) An annual tax to meet and pay the expenses necessary for the establishment and maintenance of a county or city-county health department may be levied and collected (a) by the county board of a county which has a population of thirty thousand inhabitants or more or (b) by the county board of a county which has a population of less than thirty thousand if the county board has put the proposition of having such a tax to the electors of the county and imposition of the tax has been approved by a majority of electors voting on the proposition. The election shall be called, proclaimed, held, conducted, and canvassed in the manner of general or special elections held for the submission of propositions to the voters of a county as provided in sections 23-126 and 23-128.Source   Laws 1943, c. 152,  4, p. 556;   R.S.1943,  71-1629;   Laws 1949, c. 206,  2(1), p. 593;   Laws 1953, c. 287,  68, p. 970;   Laws 1967, c. 449,  1, p. 1393;  Laws 1984, LB 783,  1;  Laws 1994, LB 1223,  38.  
71-163.  Transferred to section 38-157.
71-1630.  Local boards of health; membership; terms; vacancies; duties.(1) When a health department has been established by the county board of a county and approved by the Department of Health and Human Services as a county health department, the county board of such county shall appoint a board of health which shall consist of the following members: (a) One member of the county board; (b) one dentist; (c) one physician; and (d) six public-spirited men or women interested in the health of the community. The physician and dentist shall each serve an initial term of three years. Three public-spirited men or women shall each serve an initial term of three years, and three public-spirited men or women shall each serve an initial term of two years. After the initial terms of office expire, each new appointment shall be for a term of three years. Appointments to fill any vacancies shall be for the unexpired term of the member whose term is being filled by such appointment. A county association or society of dentists or physicians or its managing board may submit each year to the county board a list of three persons of recognized ability in such profession. If such a list is submitted, the county board, in making an appointment for such profession, shall consider the names on the list and may appoint one of the persons so named.(2) When a district health department has been established by a joint resolution of the county boards of each county in a district health department, the county boards of such district shall meet and establish a district board of health with due consideration for a fair and equitable representation from the entire area to be served. The district board of health shall consist of the following members: (a) One member of each county board in the district, (b) at least one physician, (c) at least one dentist, and (d) one or more public-spirited men or women interested in the health of the community from each county in the district. One-third of the members shall be appointed for terms of one year, one-third for terms of two years, and one-third for terms of three years. After their terms of office expire, each new appointment shall be for a term of three years. Appointments to fill any vacancies shall be for the unexpired terms. A county association or society of dentists or physicians or its managing board may submit each year to the county boards a list of three persons of recognized ability in such profession. If such a list is submitted, the county boards, in making an appointment for such profession, shall consider the names on the list and may appoint one of the persons so named.(3) Except as provided in subsection (4) of this section, when the county board of any county and the city council of any city located in such county have executed an agreement, approved by the Department of Health and Human Services, for maintaining a city-county health department, the city and county shall establish a city-county board of health. It shall consist of the following members selected by a majority vote of the city council and the county board, with due consideration to be given in an endeavor to secure a fair and equitable representation from the entire area to be served: (a) One representative of the county board, (b) one representative from the city council, (c) one physician, (d) one dentist, and (e) five public-spirited men or women, not employed in the health industry or in the health professions, who are interested in the health of the community. One-third of its members shall be appointed for terms of one year, one-third for terms of two years, and one-third for terms of three years. After their terms of office expire, each new appointment shall be for a period of three years. A county association or society of dentists or physicians or its managing board may submit each year to the city council and the county board a list of three persons of recognized ability in such profession. If such a list is submitted, the city council and the county board, in making an appointment for such profession, shall consider the names on the list and may appoint one of the persons so named.(4)(a) When the county board of any county having a population of more than two hundred thousand inhabitants and the city council of any city located in such county have executed an agreement, approved by the Department of Health and Human Services, for maintaining a city-county health department on or after January 1, 1997, the city and county shall establish a city-county board of health. The board shall consist of the following members to be appointed by the mayor with the consent of the city council and county board: One representative of the county board, one representative from the city council, one physician, one dentist, and five public-spirited persons who are interested in the health of the community. Three of the members shall be appointed for terms of one year, three for terms of two years, and three for terms of three years. After the initial terms of office expire, each successor member shall be appointed for a term of three years. The physician and dentist members shall be appointed as provided in this subdivision. The mayor shall invite the local county association or society of dentists or physicians or its managing board to timely submit to the mayor a list of three persons of recognized ability in the profession. A list is timely submitted if it is submitted within sixty days after the mayor's invitation. If the list is not timely submitted, the mayor may consider the list timely submitted at any time prior to making an appointment, otherwise the mayor shall appoint a person of recognized ability in the profession. If the list is timely submitted, the mayor shall consider the names on the list and shall either appoint one of the persons on the list or invite a list of three new names using the process provided in this subdivision.(b) The board of health shall, immediately after appointment, meet and organize by the election of one of its own members as president and one as vice president. The board members may elect such other officers as they deem necessary and may adopt and promulgate rules for the guidance of the board which are not inconsistent with law or the agreement creating the board. If any board member resigns or ceases to meet the requirements for eligibility on the board, or if there is any other vacancy on the board, the mayor shall appoint another representative to serve for the member's unexpired term subject to consent by a majority vote of both the city council and the county board. Any appointment to fill a vacancy on the board shall be for the unexpired term of the member whose vacancy is being filled.(c) The board of health shall have the following duties:(i) Assessment of community health status and available resources for health matters, including collecting and analyzing relevant data and annually reporting and making recommendations on improving public health matters to the mayor, city council, and county board;(ii) Policy development for proposals before the board of health, the city council, and the county board to support and improve public health, including appointing, with the approval of the mayor, city council, and county board, advisory committees to the board of health to facilitate community development functions and coalition building related to public health and adopting and approving official health department policies consistent with applicable law and approved by the affirmative vote of not less than five board members at a regular meeting of the board in the following areas:(A) Community health services and health promotion and outreach, specifically including policies related to the following:(I) Client services and fees;(II) Standing orders, supervision, screening, and emergency and referral protocols and procedures;(III) Monitoring and reporting; and(IV) Communicable disease investigation, immunization, vaccination, testing, and prevention measures, including measures to arrest the progress of communicable diseases;(B) Environmental health, specifically including policies related to the following:(I) Permitting, inspection, and enforcement;(II) Monitoring, sampling, and reporting;(III) Technical assistance and plan review; and(IV) Prevention measures;(C) Investigating and controlling diseases and injury, specifically including policies related to the following:(I) Permitting, inspection, and enforcement;(II) Monitoring, sampling, and reporting;(III) Technical assistance and plan review; and(IV) Prevention measures; and(D) Other health matters as may be requested by the city council or county board; and(iii) Assurance that needed services are available through public or private sources in the community, including:(A) Acting in an advisory capacity to review and recommend changes to ordinances, resolutions, and resource allocations before the city council or county board related to health matters;(B) Annually reviewing and recommending changes in the proposed budget for resource allocations related to the health department as provided in the city-county agreement; and(C) Monitoring and reviewing the enforcement of laws and regulations of the board of health, city council, and county board related to public health in the community.(d) The mayor of the city shall appoint, with the approval of the board of health, city council, and county board, the health director of the health department. The health director shall be a member of the unclassified service of the city under the direction and supervision of the mayor. The health director shall be well-trained in public health work, but he or she need not be a graduate of an accredited medical school. If the health director is not a graduate of an accredited medical school, the health director shall be assisted at least part time by at least one medical consultant who is a licensed physician. The mayor shall submit the health department budget to the city council and county board. The mayor shall also provide budget information to the board of health with sufficient time to allow such board to consider such information. The mayor may enter into contracts and accept grants on behalf of the health department. The mayor may terminate the health director with approval of a majority vote of the city council, the county board, and the board of health. The health director shall:(i) Provide administrative supervision of the health department;(ii) Make all necessary sanitary and health investigations and inspections;(iii) Investigate the existence of any contagious or infectious disease and adopt measures to arrest the progress of the disease;(iv) Distribute free, as the local needs may require, all vaccines, drugs, serums, and other preparations obtained from the Department of Health and Human Services or otherwise provided for public health purposes;(v) Give professional advice and information to school authorities and other public agencies on all matters pertaining to sanitation and public health;(vi) Inform the board of health when the city council or county board is considering proposals related to health matters or has otherwise requested recommendations from the board of health;(vii) Inform the board of health of developments in the field of public health and of any need for updating or adding to or deleting from the programs of the health department; and(viii) Perform duties and functions as otherwise provided by law.Source   Laws 1943, c. 152,  5, p. 557;   R.S.1943,  71-1630;   Laws 1969, c. 151,  3, p. 711;  Laws 1971, LB 43,  2;  Laws 1972, LB 1497,  4;   Laws 1976, LB 716,  1;  Laws 1978, LB 580,  1;  Laws 1979, LB 198,  1;  Laws 1994, LB 1223,  41;  Laws 1996, LB 1044,  570;  Laws 1997, LB 185,  3;  Laws 2007, LB296,  480. 
71-1631.01.  Local boards of health; rules and regulations; violations; penalty.Any person violating any rule or regulation, authorized by the provisions of either subdivision (7) or (9) of section 71-1631, shall be guilty of a Class III misdemeanor, and each day's violation shall be considered a separate offense.Source   Laws 1955, c. 275,  2, p. 872;   Laws 1969, c. 151,  7, p. 717;  Laws 1977, LB 39,  161.  
71-1631.02.  Local boards of health; retirement plan; reports.(1) Beginning December 31, 1998, through December 31, 2017, the health director of a board of health with an independent retirement plan established pursuant to section 71-1631 and section 401(a) of the Internal Revenue Code shall file with the Public Employees Retirement Board an annual report on such plan and shall submit copies of such report to the Auditor of Public Accounts. The Auditor of Public Accounts may prepare a review of such report pursuant to section 84-304.02 but is not required to do so. The annual report shall be in a form prescribed by the Public Employees Retirement Board and shall contain the following information for each such retirement plan:(a) The number of persons participating in the retirement plan;(b) The contribution rates of participants in the plan;(c) Plan assets and liabilities;(d) The names and positions of persons administering the plan;(e) The names and positions of persons investing plan assets;(f) The form and nature of investments;(g) For each independent defined contribution plan, a full description of investment policies and options available to plan participants; and(h) For each independent defined benefit plan, the levels of benefits of participants in the plan, the number of members who are eligible for a benefit, and the total present value of such members' benefits, as well as the funding sources which will pay for such benefits.If an independent plan contains no current active participants, the health director may file in place of such report a statement with the Public Employees Retirement Board indicating the number of retirees still drawing benefits, and the sources and amount of funding for such benefits.(2) Through December 31, 2017, if such retirement plan is a defined benefit plan which was open to new members on January 1, 2004, in addition to the reports required by section 13-2402, a board of health with an independent retirement plan established pursuant to section 71-1631 shall cause to be prepared an annual report and the health director shall file the same with the Public Employees Retirement Board and the Nebraska Retirement Systems Committee of the Legislature and submit to the Auditor of Public Accounts a copy of such report. The Auditor of Public Accounts may prepare a review of such report pursuant to section 84-304.02 but is not required to do so. If the board of health does not submit a copy of the report to the Auditor of Public Accounts within six months after the end of the plan year, the Auditor of Public Accounts may audit, or cause to be audited, the local public health department. All costs of the audit shall be paid by the local public health department. The report shall consist of a full actuarial analysis of each such independent retirement plan established pursuant to section 71-1631. The analysis shall be prepared by an independent private organization or public entity employing actuaries who are members in good standing of the American Academy of Actuaries, and which organization or entity has demonstrated expertise to perform this type of analysis and is unrelated to any organization offering investment advice or which provides investment management services to the retirement plan. The report to the Nebraska Retirement Systems Committee shall be submitted electronically.(3)(a) Beginning December 31, 2018, and each December 31 thereafter, for a defined benefit plan the health director of a board of health with an independent retirement plan established pursuant to section 71-1631 and section 401(a) of the Internal Revenue Code or his or her designee shall prepare and electronically file an annual report with the Auditor of Public Accounts and the Nebraska Retirement Systems Committee of the Legislature. If such retirement plan is a defined benefit plan which was open to new members on January 1, 2004, the report shall be in addition to the reports required by section 13-2402. The report shall be on a form prescribed by the Auditor of Public Accounts and shall include, but not be limited to, the following information:(i) The levels of benefits of participants in the plan, the number of members who are eligible for a benefit, the total present value of such members' benefits, and the funding sources which will pay for such benefits; and(ii) A copy of a full actuarial analysis of each such defined benefit plan. The analysis shall be prepared by an independent private organization or public entity employing actuaries who are members in good standing of the American Academy of Actuaries, and which organization or entity has demonstrated expertise to perform this type of analysis and is unrelated to any organization which offers investment advice or provides investment management services to the retirement plan.(b) The Auditor of Public Accounts may prepare a review of such report pursuant to section 84-304.02 but is not required to do so. If the board of health does not submit a copy of the report to the Auditor of Public Accounts within six months after the end of the plan year, the Auditor of Public Accounts may audit, or cause to be audited, the board of health. All costs of the audit shall be paid by the board of health.Source  Laws 1998, LB 1191,  43;  Laws 1999, LB 795,  12;  Laws 2011, LB474,  12;  Laws 2014, LB759,  19;  Laws 2017, LB415,  23.  
71-1631.  Local boards of health; meetings; expenses; powers and duties; rules and regulations; pension and retirement plans.Except as provided in subsection (4) of section 71-1630, the board of health of each county, district, or city-county health department organized under sections 71-1626 to 71-1636 shall, immediately after appointment, meet and organize by the election of one of its own members as president, one as vice president, and another as secretary and, either from its own members or otherwise, a treasurer and shall have the power set forth in this section. The board may elect such other officers as it may deem necessary and may adopt and promulgate such rules and regulations for its own guidance and for the government of such health department as may be necessary, not inconsistent with sections 71-1626 to 71-1636. The board of health shall, with the approval of the county board and the municipality, whenever a city is a party in such a city-county health department:(1) Select the health director of such department who shall be (a) well-trained in public health work though he or she need not be a graduate of an accredited medical school, but if he or she is not such a graduate, he or she shall be assisted at least part time by at least one medical consultant who shall be a licensed physician, (b) qualified in accordance with the state personnel system, and (c) approved by the Department of Health and Human Services;(2) Hold an annual meeting each year, at which meeting officers shall be elected for the ensuing year;(3) Hold meetings quarterly each year;(4) Hold special meetings upon a written request signed by two of its members and filed with the secretary;(5) Provide suitable offices, facilities, and equipment for the health director and assistants and their pay and traveling expenses in the performance of their duties, with mileage to be computed at the rate provided in section 81-1176;(6) Publish, on or soon after the second Tuesday in July of each year, in pamphlet form for free distribution, an annual report showing (a) the condition of its trust for each year, (b) the sums of money received from all sources, giving the name of any donor, (c) how all money has been expended and for what purpose, and (d) such other statistics and information with regard to the work of such health department as may be of general interest;(7) Enact rules and regulations, subsequent to public hearing held after due public notice of such hearing by publication at least once in a newspaper having general circulation in the county or district at least ten days prior to such hearing, and enforce the same for the protection of public health and the prevention of communicable diseases within its jurisdiction, subject to the review and approval of such rules and regulations by the Department of Health and Human Services;(8) Make all necessary sanitary and health investigations and inspections;(9) In counties having a population of more than four hundred thousand inhabitants as determined by the most recent federal decennial census, enact rules and regulations for the protection of public health and the prevention of communicable diseases within the district, except that such rules and regulations shall have no application within the jurisdictional limits of any city of the metropolitan class and shall not be in effect until (a) thirty days after the completion of a three-week publication in a legal newspaper, (b) approved by the county attorney with his or her written approval attached thereto, and (c) filed in the office of the county clerk of such county. A county shall comply with this subsection within six months after a determination that the population has reached more than four hundred thousand inhabitants as determined by the most recent federal decennial census;(10) Investigate the existence of any contagious or infectious disease and adopt measures, with the approval of the Department of Health and Human Services, to arrest the progress of the same;(11) Distribute free as the local needs may require all vaccines, drugs, serums, and other preparations obtained from the Department of Health and Human Services or purchased for public health purposes by the county board;(12) Upon request, give professional advice and information to all city, village, and school authorities on all matters pertaining to sanitation and public health;(13) Fix the salaries of all employees, including the health director. Such city-county health department may also establish an independent pension plan, retirement plan, or health insurance plan or, by agreement with any participating city or county, provide for the coverage of officers and employees of such city-county health department under such city or county pension plan, retirement plan, or health insurance plan. Officers and employees of a county health department shall be eligible to participate in the county pension plan, retirement plan, or health insurance plan of such county. Officers and employees of a district health department formed by two or more counties shall be eligible to participate in the county retirement plan unless the district health department establishes an independent pension plan or retirement plan for its officers or employees;(14) Establish fees for the costs of all services, including those services for which third-party payment is available; and(15) In addition to powers conferred elsewhere in the laws of the state and notwithstanding any other law of the state, implement and enforce an air pollution control program under subdivision (23) of section 81-1504 or subsection (1) of section 81-1528, which program shall be consistent with the federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq. Such powers shall include without limitation those involving injunctive relief, civil penalties, criminal fines, and burden of proof. Nothing in this section shall preclude the control of air pollution by resolution, ordinance, or regulation not in actual conflict with the state air pollution control regulations.Source   Laws 1943, c. 152,  6, p. 558;   R.S.1943,  71-1631;   Laws 1953, c. 249,  1, p. 852;   Laws 1955, c. 275,  1, p. 871;   Laws 1963, c. 401,  1, p. 1286;   Laws 1967, c. 449,  3, p. 1394;   Laws 1969, c. 151,  5, p. 713;  Laws 1972, LB 1497,  6;  Laws 1973, LB 285,  1;  Laws 1979, LB 198,  2;  Laws 1981, LB 204,  120;  Laws 1992, LB 860,  3;   Laws 1992, LB 1257,  74;  Laws 1993, LB 623,  2;  Laws 1996, LB 1011,  28;  Laws 1996, LB 1044,  571;  Laws 1997, LB 185,  4;  Laws 2006, LB 1019,  6;  Laws 2007, LB296,  481;  Laws 2016, LB742,  21.  
71-1632.  Health director; powers; duties.Except as provided in subsection (4) of section 71-1630, the health director of a county, district, or city-county health department shall have the power and duty to (1) be the executive officer of the local boards of health; (2) appoint, subject to any applicable county or city civil service laws, rules, or regulations, a properly functioning staff and other personnel as may be necessary, whose qualifications shall conform to the United States Public Health Standards and whose remuneration shall conform to an established compensation schedule set by such local board of health and which is reviewed and approved annually by such board; (3) review annually, with the local board of health, the proposed budget of the department; (4) organize, with the approval of the local board of health, a citizens' advisory health council that will aid in developing a public health program to meet the particular needs, hazards, and problems of the health district; and (5) organize, with the approval of the local board of health, a medical and dental advisory committee.Source   Laws 1943, c. 152,  7, p. 560;   R.S.1943,  71-1632;   Laws 1969, c. 572,  1, p. 2318;   Laws 1969, c. 151,  9, p. 717;  Laws 1975, LB 139,  2;  Laws 1979, LB 198,  3;  Laws 1984, LB 783,  3;  Laws 1997, LB 185,  5.  
71-1633.  Local boards of health; records required.The health department of such county, district or city-county, as provided in sections 71-1626 to 71-1636, shall keep minutes of all the meetings of the health boards, and shall retain the records of everything pertaining to expenses, income, complaints, work done, meetings had, pamphlets printed and distributed, cases handled, and of any other matters pertaining to the work of the board of health.Source   Laws 1943, c. 152,  8, p. 560;   R.S.1943,  71-1633. 
71-1634.  Health department; funds; how disbursed.(1) No funds shall be disbursed except upon vouchers approved by the director of health and the president of the board of health of a county or district health department. In the absence of the health director, the president and the vice president or, in his or her absence, the secretary are authorized to approve such vouchers before any funds are disbursed. In the absence of the president, the health director and the vice president or, in his or her absence, the secretary are authorized to approve such vouchers before any funds are disbursed. In the absence of both president and health director, the vice president and the secretary are authorized to approve such vouchers before any funds are disbursed.(2) Funds of a city-county health department shall be disbursed as provided by the agreement between the county and the city.Source   Laws 1943, c. 152,  9, p. 560;   R.S.1943,  71-1634;   Laws 1953, c. 249,  2, p. 853;   Laws 1967, c. 449,  4, p. 1395;  Laws 1997, LB 185,  6.  
71-1635.  Health department; establishment; other health agencies abolished; exception; city-county health department; control by department.When the county board of any county or counties creates a health department as provided by sections 71-1626 to 71-1636, every other local, municipal, or county public health agency or department, except city or county hospitals, may be abolished, and such county or district health department may be given full control over all health matters in the county or counties, including all municipalities in the county in conformity with the rules, regulations, and policies of the Department of Health and Human Services. When a city has joined in the establishment of a city-county health department, such city-county health department may be given such control over all health matters in the city as may be provided by agreement between the county and the city with the approval of the Department of Health and Human Services. If the health department in a county or city is changed, any lawful ordinance, resolution, regulation, policy, or procedure relating to any of the functions conferred by sections 71-1626 to 71-1636 of the former health department shall remain in full force and effect until it is repealed or replaced or until it conflicts with a subsequently enacted measure.Source   Laws 1943, c. 152,  10, p. 560;   R.S.1943,  71-1635;   Laws 1967, c. 449,  5, p. 1396;  Laws 1996, LB 1044,  572;  Laws 1997, LB 185,  7;  Laws 2007, LB296,  482. 
71-1636.  Sections not applicable to school district; exception.Sections 71-1626 to 71-1636 do not apply to any school district in the State of Nebraska, except that any school district, upon application to a county, district, or city-county health department formed under such sections, may accept in whole or in part any of the provisions of such sections, by entering into an agreement for that purpose with such health department.Source   Laws 1943, c. 152,  11, p. 560;   R.S.1943,  71-1636;  Laws 2004, LB 1005,  65.  
71-1637.  Political subdivision; employment and contracts authorized; duties; tax to support; limitation; section, how construed.(1) Any city by its mayor and council or by its commission, any village by its village board, any county by its board of supervisors or commissioners, or any township by its electors shall have power to employ a visiting community nurse, a home health nurse, or a home health agency defined in section 71-417 and the rules and regulations adopted and promulgated under the Health Care Facility Licensure Act. Such nurses or home health agency shall do and perform such duties as the city, village, county, or township, by their officials and electors, shall prescribe and direct. The city, village, county, or township shall have the power to levy a tax, not exceeding three and five-tenths cents on each one hundred dollars on the taxable valuation of the taxable property of such city, village, county, or township, for the purpose of paying the salary and expenses of such nurses or home health agency. The levy shall be subject to sections 77-3442 and 77-3443. The city, village, county, or township shall have the power to constitute and empower such nurses or home health agency with police power to carry out the order of such city, village, county, or township.(2) The governing body of any city, village, county, or township may contract with any visiting nurses association, licensed hospital home health agency, or other licensed home health agency, including those operated by the Department of Health and Human Services, to perform the duties contemplated in subsection (1) of this section, subject to the supervision of the governing body, and may pay the expense of such contract out of the general funds of the city, village, county, or township.(3) Nothing in this section shall be construed to allow any city, village, county, township, nurse, or home health agency to (a) avoid the requirements of individual licensure, (b) perform any service beyond the scope of practice of licensure or beyond the limits of licensure prescribed by the Health Care Facility Licensure Act, or (c) violate any rule or regulation adopted and promulgated by the Department of Health and Human Services.Source   Laws 1917, c. 209,  1, p. 514;   C.S.1922,  8234;   C.S.1929,  71-2406;   R.S.1943,  71-1701;  Laws 1973, LB 483,  1;  Laws 1979, LB 187,  186;   R.S.1943, (1986),  71-1701;  Laws 1987, LB 389,  1;  Laws 1989, LB 429,  1;  Laws 1992, LB 719A,  160;  Laws 1996, LB 1044,  573;  Laws 1996, LB 1114,  64;  Laws 1996, LB 1155,  29;  Laws 1997, LB 269,  32;  Laws 1997, LB 608,  8;  Laws 1998, LB 306,  17;  Laws 2000, LB 819,  98;  Laws 2007, LB296,  483. Cross References  Health Care Facility Licensure Act, see section 71-401.
71-1638.  Political subdivision; tax levy; limitation; election; procedure.Whenever petitions signed by twenty-five percent of the electors of a city, county, or village shall be presented to the city council or board of supervisors, commissioners, or trustees praying for the submission of the question of making a levy to provide for salary and expenses of a visiting community nurse, a home health nurse, or a home health agency and stating the amount of the levy and the period of years in which the same shall be made, it shall be the duty of such council or board of supervisors, commissioners, or trustees to submit the question to a vote of the people at a regular or special election called for that purpose. If the question is submitted at a special election, three weeks' notice of such special election shall be given by publication in some newspaper of general circulation. Such notice shall be published three consecutive weeks if the election is in a city or village or, if in a village and no paper is published in such village, then the notice shall be posted in three of the most public places in the village. If a majority of the votes cast at such election on the question are in favor of the levy, then the regularly constituted authorities of the city, county, or village shall include the same in the estimate for expenses for each year during the period for which adopted, unless the same shall be revoked. The tax shall be levied and collected in the same manner as other taxes are levied and collected. The levy shall be subject to section 77-3443.Source   Laws 1917, c. 209,  2, p. 515;   C.S.1922,  8235;   C.S.1929,  71-2407;   R.S.1943,  71-1702;   R.S.1943, (1986),  71-1702;  Laws 1987, LB 389,  4;  Laws 1996, LB 1114,  65;  Laws 1997, LB 269,  33.  Annotations  Regular election as used in this section has the same meaning as general election, and therefore a general November election is a competent time at which to submit to the voters the proposed tax levy. State ex rel. Long v. City of Nebraska City, 123 Neb. 614, 243 N.W. 858 (1932). Writ of mandamus was denied in an action to compel the county clerk to make an additional tax levy for the expenses of a community nurse after the clerk had completed the main tax list and turned it over to the treasurer. State ex rel. Long v. Barstler, 122 Neb. 167, 240 N.W. 273 (1931). 
71-1639.  Political subdivision; tax levy; resubmission; procedure.Whenever a petition signed by twenty-five percent of the electors, as required in section 71-1638, shall be presented to the city council, county board or village trustees praying for the resubmission of the question of making a levy under sections 71-1637 to 71-1639, it shall be the duty of that body to resubmit the question in the same manner as provided by section 71-1638. If a majority of the votes cast at such election favor the discontinuance of such levy, the same shall be discontinued. If a majority favor its continuance, then it shall be continued for the period which has been approved by the electors at the election.Source   Laws 1917, c. 209,  3, p. 516;   C.S.1922,  8236;   C.S.1929,  71-2408;   R.S.1943,  71-1703;   R.S.1943, (1986),  71-1703.  
71-164.01.  Transferred to section 38-1,116.
71-164.  Transferred to section 38-1,114.
71-166.  Transferred to section 38-1,117.
71-167.  Transferred to section 38-1,118.
71-168.01.  Transferred to section 38-1,138.
71-168.02.  Transferred to section 38-1,127.
71-168.  Transferred to section 38-1,124.
71-169.  Transferred to section 38-126.
71-17,101.  Act, how cited.Sections 71-17,101 to 71-17,107 shall be known and may be cited as the Nursing Student Loan Act.Source Laws 2001, LB 468,  1. 
71-17,102.  Terms, defined.For purposes of the Nursing Student Loan Act:(1) Approved nursing program means a program offered by a public or private institution in this state (a) which consists of courses of instruction in regularly scheduled classes leading to a master of science degree, a bachelor of science degree, an associate degree, or a diploma in nursing or (b) for the preparation for licensure as a licensed practical nurse available to regularly enrolled undergraduate or graduate students;(2) Department means the Department of Health and Human Services;(3) Nontraditional student means a student who has not attended classes as a regular full-time student for at least three years; and(4) Practice of nursing has the definition found in section 38-2210.Source  Laws 2001, LB 468,  2;  Laws 2007, LB296,  490;  Laws 2007, LB463,  1191. 
71-17,103.  Department; duties.The department shall administer a student loan program under the Nursing Student Loan Act which shall make loans directly to qualified students enrolled in approved nursing programs in the State of Nebraska as provided in section 71-17,106. The number of loans made to qualified students at each institution which has an approved nursing program shall be in direct proportion to the number of students enrolled in each nursing program, except that the program shall include at least one qualified student at each institution in the state which has an approved nursing program. The funds shall be loaned in a manner intended to result in the greatest increase in the number of persons engaged in the study of nursing. Loans shall be made available for students beginning January 1, 2002, and in each academic year thereafter. It is the intent of the Legislature that a portion of the loans allocated be used to enhance the educational opportunities of nontraditional students and ethnic minority students.Source Laws 2001, LB 468,  3. 
71-17,104.  Student loan; eligibility.(1) To qualify for a loan under the Nursing Student Loan Act, a student shall be a resident of Nebraska, intend to practice in Nebraska, be motivated to practice in Nebraska, and have substantial financial need. For purposes of this section, substantial financial need means the difference between the student's financial resources available, including those available from parents, a parent, a guardian, or a spouse, and the student's anticipated educational expenses while attending the approved nursing program, taking into account that:(a) In determining whether a dependent student has substantial financial need, the following factors shall be considered: (i) Serious family illness; (ii) the number of dependent children of the student's parents; (iii) the number of such dependent children attending institutions of higher education; and (iv) such other circumstances as may affect the ability of the student and student's parents to contribute toward the cost of the student's education; and(b) In determining whether an independent or self-supporting student has substantial financial need, the following factors shall be considered: (i) Any serious illness in the student's family; (ii) the number of dependent children of the student; (iii) the number of such dependent children attending institutions of higher education; and (iv) such other circumstances as may affect the ability of the student or spouse to contribute toward the cost of the student's education.(2) Each recipient of a loan under the act shall agree to engage in the practice of nursing in the State of Nebraska for the equivalent of one year of full-time practice for each year a loan is received.(3) Each approved nursing program shall forward to the department the names of the qualified students recommended to receive loans under the act, based on the criteria specified in subsections (1) and (2) of this section, and any other information and documentation the department deems necessary.Source  Laws 2001, LB 468,  4;  Laws 2003, LB 574,  23.  
71-17,105.  Loans; restrictions; repayment; when.(1) Loans received under the Nursing Student Loan Act shall be used only for educational expenses for an approved nursing program. The use of such loan funds by a student is subject to review by the department.(2) Each loan shall be for one academic year. Each student shall not be loaned more than one thousand dollars per academic year nor a total of more than two thousand dollars.(3) If a student who has received a loan discontinues the approved nursing program before completing the program, the student shall repay one hundred percent of the outstanding loan principal with simple interest at a rate of one point below the prime interest rate. Such repayment shall commence within six months after the date of discontinuation of the course of study and shall be completed within the number of years for which loans were awarded.(4) After completion of the approved nursing program, a loan awarded to a student shall be forgiven when the recipient of the loan has engaged in the full-time practice of nursing in Nebraska for a period of time which would be the equivalent of full-time practice for the number of years for which loans were received.(5) If a recipient of a loan under the act is not engaged in full-time practice, or the equivalent of full-time practice, as required in subsection (2) of section 71-17,104, the recipient shall repay one hundred twenty-five percent of the outstanding loan principal. Such repayment shall be with simple interest at a rate of one point below the prime interest rate. Interest shall accrue beginning upon completion of the approved nursing program. Such repayment shall commence within six months after the date of discontinuation of the practice of nursing in Nebraska and shall be completed within the number of years for which loans were awarded.Source Laws 2001, LB 468,  5. 
71-17,106.  Rules and regulations.The department, in conjunction with approved nursing programs, shall adopt and promulgate rules and regulations to carry out the Nursing Student Loan Act. In conformance with such rules and regulations, institutions with approved nursing programs may act as agents of the department for the distribution of the loans to eligible students. The department may contract with outside sources to carry out the act.Source Laws 2001, LB 468,  6. 
71-17,107.  Nursing Student Loan Cash Fund; created; use; investment.The Nursing Student Loan Cash Fund is created. The fund shall be the repository for loan repayments received under section 71-17,105. 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.Source Laws 2001, LB 468,  7. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-17,108.  Act, how cited.Sections 71-17,108 to 71-17,116 shall be known and may be cited as the Nursing Faculty Student Loan Act.Source Laws 2005, LB 146,  1. Cross References  Nurse Practice Act, see section 38-2201.
71-17,109.  Terms, defined.For purposes of the Nursing Faculty Student Loan Act:(1) Approved nursing program means a program offered by a public or private postsecondary educational institution in Nebraska (a) which consists of courses of instruction in regularly scheduled classes leading to a master of science degree, a bachelor of science degree, an associate degree, or a diploma in nursing or (b) for the preparation for licensure as a licensed practical nurse available to regularly enrolled undergraduate or graduate students;(2) Department means the Department of Health and Human Services; and(3) Masters or doctoral accredited nursing program means a postgraduate nursing education program that has been accredited by a nationally recognized accrediting agency and offered by a public or private postsecondary educational institution in Nebraska.Source  Laws 2005, LB 146,  2;  Laws 2007, LB296,  491. 
71-17,110.  Loan; eligibility.To qualify for a loan under the Nursing Faculty Student Loan Act, a student shall (1) be a resident of Nebraska, (2) be enrolled in a masters or doctoral accredited nursing program, and (3) agree in writing to engage in nursing instruction in an approved nursing program.Source Laws 2005, LB 146,  3. 
71-17,111.  Loan distribution; conditions.Loans may be made by the department under the Nursing Faculty Student Loan Act for educational expenses of a qualified student who agrees in writing to engage in nursing instruction in an approved nursing program for two years of full-time nursing instruction for each year a loan is received, with a maximum of six years of nursing instruction in Nebraska in return for three years of loans under the act. Loans shall be subject to the following conditions:(1) Loans shall be used only for educational expenses for a masters or doctoral accredited nursing program. The use of loan funds by the recipient is subject to review by the department;(2) Each loan shall be for one academic year;(3) A loan recipient shall not receive more than five thousand dollars per academic year and shall not receive more than fifteen thousand dollars under the act;(4) Loans shall be forgiven at the rate of five thousand dollars loaned per two years of full-time nursing instruction in Nebraska;(5) If a loan recipient discontinues enrollment in the masters or doctoral accredited nursing program before completing the program, he or she shall repay to the department one hundred percent of the outstanding loan principal with simple interest at a rate of one point below the prime interest rate as of the date the loan recipient signed the contract. Interest shall accrue as of the date the loan recipient signed the contract. Such repayment shall commence within six months after the date he or she discontinues enrollment and shall be completed within the number of years for which loans were awarded;(6) If, after the loan recipient completes the masters or doctoral accredited nursing program and before all of his or her loans are forgiven under the act, he or she fails to begin or ceases full-time nursing instruction pursuant to the loan agreement, he or she shall repay to the department one hundred twenty-five percent of the outstanding loan principal with simple interest at a rate of one point below the prime interest rate as of the date the loan recipient signed the contract. Interest shall accrue as of the date the loan recipient signed the contract. Such repayment shall commence within six months after the date of completion of the program or the date the loan recipient ceases full-time nursing instruction, whichever is later, and shall be completed within the number of years for which loans were awarded; and(7) Institutions which offer a masters or doctoral accredited nursing program may act as agents of the department for the distribution of loans to eligible students.Source Laws 2005, LB 146,  4. 
71-17,112.  Nursing Faculty Student Loan Cash Fund; created; use; investment.The Nursing Faculty Student Loan Cash Fund is created. The fund shall consist of grants, private donations, fees collected pursuant to section 71-17,113, and loan repayments under the Nursing Faculty Student Loan Act remitted by the department to the State Treasurer for credit to the fund. The fund shall be used to administer the act and for loans to qualified students pursuant to the act. Any money in the Nursing Faculty Student Loan Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source  Laws 2005, LB 146,  5;  Laws 2006, LB 962,  1.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-17,113.  License renewal; extra fee.Beginning January 1, 2006, through December 31, 2007, the department shall charge a fee of one dollar, in addition to any other fee, for each license renewal for a registered nurse or licensed practical nurse pursuant to the Nurse Practice Act. Such fee shall be collected at the time of renewal and remitted to the State Treasurer for credit to the Nursing Faculty Student Loan Cash Fund.Source  Laws 2005, LB 146,  6;  Laws 2007, LB296,  492;  Laws 2007, LB463,  1192. Cross References  Nurse Practice Act, see section 38-2201.
71-17,114.  Department; powers and duties.The department has the administrative responsibility to track loan recipients and to develop repayment tracking and collection mechanisms. The department may contract for such services. When a loan has been forgiven pursuant to section 71-17,111, the amount forgiven may be taxable income to the loan recipient and the department shall provide notification of the amount forgiven to the loan recipient, the Department of Revenue, and the Internal Revenue Service if required by the Internal Revenue Code as defined in section 49-801.01.Source Laws 2005, LB 146,  7. 
71-17,115.  Report required.The department shall annually provide a report to the Governor and the Clerk of the Legislature on the status of the program, the status of the loan recipients, and the impact of the program on the number of nursing faculty in Nebraska. The report submitted to the Clerk of the Legislature shall be submitted electronically. Any report which includes information about loan recipients shall exclude confidential information or any other information which specifically identifies a loan recipient.Source  Laws 2005, LB 146,  8;  Laws 2012, LB782,  113. 
71-17,116.  Rules and regulations.The department, in consultation with approved nursing programs in Nebraska, shall adopt and promulgate rules and regulations to carry out the Nursing Faculty Student Loan Act. The department may adopt rules that require the maximum forgiveness amount of fifteen thousand dollars pursuant to subdivision (3) of section 71-17,111 be present in the Nursing Faculty Student Loan Cash Fund before each qualified student is chosen.Source Laws 2005, LB 146,  9. 
71-17,117.  Transferred to section 38-901.
71-17,118.  Transferred to section 38-903.
71-17,119.  Transferred to section 38-908.
71-17,120.  Transferred to section 38-906.
71-17,121.  Transferred to section 38-910.
71-17,128.  Transferred to section 38-907.
71-17,131.  Transferred to section 38-201.
71-17,132.  Transferred to section 38-202.
71-17,133.  Transferred to section 38-203.
71-17,134.  Transferred to section 38-205.
71-17,135.  Transferred to section 38-206.
71-17,136.  Transferred to section 38-207.
71-17,137.  Transferred to section 38-208.
71-17,138.  Transferred to section 38-209.
71-17,140.  Transferred to section 38-210.
71-170.  Transferred to section 38-127.
71-1701.  Transferred to section 71-1637.
71-1702.  Transferred to section 71-1638.
71-1703.  Transferred to section 71-1639.
71-1704.  Transferred to section 38-2301.
71-1706.  Transferred to section 38-2302.
71-1707.  Transferred to section 38-2312.
71-1708.  Transferred to section 38-2306.
71-1709.01.  Transferred to section 38-2307.
71-1709.02.  Transferred to section 38-2309.
71-171.01.  Transferred to section 38-1,107.
71-171.02.  Transferred to section 38-1,108.
71-171.  Transferred to section 38-1,139.
71-1712.  Transferred to section 38-2311.
71-1714.  Transferred to section 38-2313.
71-1716.01.  Transferred to section 38-2304.
71-1716.02.  Transferred to section 38-2303.
71-1716.03.  Transferred to section 38-2310.
71-1716.05.  Transferred to section 38-2314.
71-1716.  Transferred to section 38-2308.
71-1717.  Transferred to section 38-2305.
71-1718.01.  Transferred to section 71-17,134.
71-1718.02.  Transferred to section 71-17,135.
71-172.01.  Transferred to section 38-175.
71-1721.  Transferred to section 38-2315.
71-1722.  Transferred to section 38-2317.
71-1723.01.  Transferred to section 38-2321.
71-1723.02.  Transferred to section 38-2322.
71-1723.03.  Transferred to section 38-2323.
71-1723.04.  Transferred to section 38-2320.
71-1724.01.  Transferred to section 38-2318.
71-1724.  Transferred to section 38-2319.
71-1726.01.  Transferred to section 38-2316.
71-1728.  Transferred to section 38-701.
71-1729.  Transferred to section 38-706.
71-173.  Transferred to section 38-3006.
71-1730.  Transferred to section 38-707.
71-1731.  Transferred to section 38-708.
71-1734.  Transferred to section 38-711.
71-1735.  Transferred to section 38-709.
71-1738.  Transferred to section 38-601.
71-1739.  Transferred to section 38-602.
71-174.02.  Transferred to section 38-3011.
71-174.  Transferred to section 38-3007.
71-1740.  Transferred to section 38-603.
71-1743.  Transferred to section 38-605.
71-1746.  Transferred to section 38-608.
71-1747.  Transferred to section 38-607.
71-1748.  Transferred to section 38-606.
71-1749.  Transferred to section 38-604.
71-175.  Transferred to section 38-3008.
71-1750.  Transferred to section 38-609.
71-1751.  Transferred to section 38-610.
71-1752.  Transferred to section 38-611.
71-1753.  Transferred to section 38-613.
71-1754.  Transferred to section 38-614.
71-1755.  Transferred to section 38-615.
71-1756.  Transferred to section 38-617.
71-1757.  Transferred to section 38-616.
71-176.01.  Transferred to section 38-3012.
71-176.  Transferred to section 38-3010.
71-1763.  Transferred to section 38-618.
71-1765.  Transferred to section 38-612.
71-177.  Transferred to section 38-805.
71-1772.  Transferred to section 38-1601.
71-1773.  Transferred to section 38-1602.
71-1775.  Transferred to section 38-1621.
71-1776.  Transferred to section 38-1613.
71-1777.  Transferred to section 38-1615.
71-1778.  Transferred to section 38-1616.
71-1779.  Transferred to section 38-1617.
71-178.  Transferred to section 38-806.
71-1780.  Transferred to section 38-1622.
71-1781.  Transferred to section 38-1623.
71-1783.  Transferred to section 38-1624.
71-1785.  Transferred to section 38-1625.
71-1789.  Transferred to section 38-1614.
71-179.  Transferred to section 38-807.
71-1790.  Transferred to section 38-1620.
71-1792.  Transferred to section 38-1618.
71-1795.01.  Nurse Licensure Compact.The State of Nebraska adopts the Nurse Licensure Compact in the form substantially as follows:Nurse Licensure CompactARTICLE IFindings and Declaration of Purposea. The party states find that:1. The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;2. Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;3. The expanded mobility of nurses and the use of advanced communication technologies as part of our nations health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;4. New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;5. The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and6. Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.b. The general purposes of this Compact are to:1. Facilitate the states responsibility to protect the publics health and safety;2. Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;3. Facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions;4. Promote compliance with the laws governing the practice of nursing in each jurisdiction;5. Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses;6. Decrease redundancies in the consideration and issuance of nurse licenses; and7. Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.ARTICLE IIDefinitionsAs used in this Compact:a. Adverse action means any administrative, civil, equitable, or criminal action permitted by a states laws which is imposed by a licensing board or other authority against a nurse, including actions against an individuals license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensees practice, or any other encumbrance on licensure affecting a nurses authorization to practice, including issuance of a cease and desist action.b. Alternative program means a nondisciplinary monitoring program approved by a licensing board.c. Coordinated licensure information system means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.d. Current significant investigative information means:1. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or2. Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.e. Encumbrance means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.f. Home state means the party state which is the nurses primary state of residence.g. Licensing board means a party states regulatory body responsible for issuing nurse licenses.h. Multistate license means a license to practice as a registered or a licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.i. Multistate licensure privilege means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or licensed practical/vocational nurse in a remote state.j. Nurse means a registered nurse or a licensed practical/vocational nurse, as those terms are defined by each party states practice laws.k. Party state means any state that has adopted this Compact.l. Remote state means a party state, other than the home state.m. Single-state license means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.n. State means a state, territory, or possession of the United States and the District of Columbia.o. State practice laws means a party states laws, rules, and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. State practice laws do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.ARTICLE IIIGeneral Provisions and Jurisdictiona. A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each party state.b. A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicants criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that states criminal records.c. Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:1. Meets the home states qualifications for licensure or renewal of licensure, as well as, all other applicable state laws;2. i. Has graduated or is eligible to graduate from a licensing board-approved registered nurse or licensed practical/vocational nurse prelicensure education program; orii. Has graduated from a foreign registered nurse or licensed practical/vocational nurse prelicensure education program that (a) has been approved by the authorized accrediting body in the applicable country and (b) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program;3. Has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the individuals native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening;4. Has successfully passed an NCLEX-RN or NCLEX-PN Examination or recognized predecessor, as applicable;5. Is eligible for or holds an active, unencumbered license;6. Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints, or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that states criminal records;7. Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law;8. Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;9. Is not currently enrolled in an alternative program;10. Is subject to self-disclosure requirements regarding current participation in an alternative program; and11. Has a valid United States social security number.d. All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurses multistate licensure privilege such as revocation, suspension, probation, or any other action that affects a nurses authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.e. A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts, and the laws of the party state in which the client is located at the time service is provided.f. Individuals not residing in a party state shall continue to be able to apply for a party states single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this Compact shall affect the requirements established by a party state for the issuance of a single-state license.g. Any nurse holding a home state multistate license, on the effective date of this Compact, may retain and renew the multistate license issued by the nurses then-current home state, provided that:1. A nurse, who changes primary state of residence after this Compacts effective date, must meet all applicable Article III.c. requirements to obtain a multistate license from a new home state.2. A nurse who fails to satisfy the multistate licensure requirements in Article III.c. due to a disqualifying event occurring after this Compacts effective date shall be ineligible to retain or renew a multistate license, and the nurses multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators.ARTICLE IVApplications for Licensure in a Party Statea. Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.b. A nurse may hold a multistate license, issued by the home state, in only one party state at a time.c. If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators.1. The nurse may apply for licensure in advance of a change in primary state of residence.2. A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.d. If a nurse changes primary state of residence by moving from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.ARTICLE VAdditional Authorities Invested in Party State Licensing Boardsa. In addition to the other powers conferred by state law, a licensing board shall have the authority to:1. Take adverse action against a nurses multistate licensure privilege to practice within that party state.i. Only the home state shall have the power to take adverse action against a nurses license issued by the home state.ii. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.2. Issue cease and desist orders or impose an encumbrance on a nurses authority to practice within that party state.3. Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate actions and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.4. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.5. Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks, and use the results in making licensure decisions.6. If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse.7. Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action.b. If adverse action is taken by the home state against a nurses multistate license, the nurses multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurses multistate license shall include a statement that the nurses multistate licensure privilege is deactivated in all party states during the pendency of the order.c. Nothing in this Compact shall override a party states decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurses participation in an alternative program.ARTICLE VICoordinated Licensure Information System and Exchange of Informationa. All party states shall participate in a coordinated licensure information system of all licensed registered nurses and licensed practical/vocational nurses. This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.b. The Interstate Commission of Nurse Licensure Compact Administrators, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this Compact.c. All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials), and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.d. Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.e. Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.f. Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.g. Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.h. The Compact administrator of each party state shall furnish a uniform data set to the Compact administrator of each other party state, which shall include, at a minimum:1. Identifying information;2. Licensure data;3. Information related to alternative program participation; and4. Other information that may facilitate the administration of this Compact, as determined by rules of the Interstate Commission of Nurse Licensure Compact Administrators.i. The Compact administrator of a party state shall provide all investigative documents and information requested by another party state.ARTICLE VIIEstablishment of the Interstate Commission of Nurse Licensure Compact Administratorsa. The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators.1. The Commission is an instrumentality of the party states.2. Venue is proper, and judicial proceedings by or against the Commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.b. Membership, Voting, and Meetings1. Each party state shall have and be limited to one administrator. The head of the state licensing board or designee shall be the administrator of this Compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the Administrator is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the party state in which the vacancy exists.2. Each administrator shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrators participation in meetings by telephone or other means of communication.3. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the Commission.4. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article VIII.5. The Commission may convene in a closed, nonpublic meeting if the Commission must discuss:i. Noncompliance of a party state with its obligations under this Compact;ii. The employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees or other matters related to the Commissions internal personnel practices and procedures;iii. Current, threatened, or reasonably anticipated litigation;iv. Negotiation of contracts for the purchase or sale of goods, services, or real estate;v. Accusing any person of a crime or formally censuring any person;vi. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;vii. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;viii. Disclosure of investigatory records compiled for law enforcement purposes;ix. Disclosure of information related to any reports prepared by or on behalf of the Commission for the purpose of investigation of compliance with this Compact; orx. Matters specifically exempted from disclosure by federal or state statute.6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.c. The Commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this Compact, including, but not limited to:1. Establishing the fiscal year of the Commission;2. Providing reasonable standards and procedures:i. For the establishment and meetings of other committees; andii. Governing any general or specific delegation of any authority or function of the Commission;3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the publics interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed;4. Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the Commission;5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the Commission; and6. Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of this Compact after the payment or reserving of all of its debts and obligations;d. The Commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the Commission.e. The Commission shall maintain its financial records in accordance with the bylaws.f. The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws.g. The Commission shall have the following powers:1. To promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all party states;2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected;3. To purchase and maintain insurance and bonds;4. To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations;5. To cooperate with other organizations that administer state compacts related to the regulation of nursing, including, but not limited to, sharing administrative or staff expenses, office space or other resources;6. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and to establish the Commissions personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;7. To accept any and all appropriate donations, grants, and gifts of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, whether real, personal, or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;9. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed;10. To establish a budget and make expenditures;11. To borrow money;12. To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons;13. To provide and receive information from, and to cooperate with, law enforcement agencies;14. To adopt and use an official seal; and15. To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of nurse licensure and practice.h. Financing of the Commission1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.2. The Commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities, and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule that is binding upon all party states.3. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the party states, except by, and with the authority of, such party state.4. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.i. Qualified Immunity, Defense, and Indemnification1. The administrators, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.2. The Commission shall defend any administrator, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error, or omission did not result from that persons intentional, willful, or wanton misconduct.3. The Commission shall indemnify and hold harmless any administrator, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.ARTICLE VIIIRulemakinga. The Interstate Commission of Nurse Licensure Compact Administrators shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this Compact.b. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.c. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:1. On the website of the Commission; and2. On the website of each licensing board or the publication in which each state would otherwise publish proposed rules.d. The notice of proposed rulemaking shall include:1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;2. The text of the proposed rule or amendment, and the reason for the proposed rule;3. A request for comments on the proposed rule from any interested person; and4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.e. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.f. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.g. The Commission shall publish the place, time, and date of the scheduled public hearing.1. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request.2. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.h. If no one appears at the public hearing, the Commission may proceed with promulgation of the proposed rule.i. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.j. The Commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.k. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:1. Meet an imminent threat to public health, safety, or welfare;2. Prevent a loss of Commission or party state funds; or3. Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.l. The Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the Commission, prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.ARTICLE IXOversight, Dispute Resolution, and Enforcementa. Oversight1. Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compacts purposes and intent.2. The Interstate Commission of Nurse Licensure Compact Administrators shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities, or actions of the Commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.b. Default, Technical Assistance, and Termination1. If the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:i. Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the Commission; andii. Provide remedial training and specific technical assistance regarding the default.2. If a state in default fails to cure the default, the defaulting states membership in this Compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges, and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.3. Termination of membership in this Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor of the defaulting state and to the executive officer of the defaulting states licensing board and each of the party states.4. A state whose membership in this Compact has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.5. The Commission shall not bear any costs related to a state that is found to be in default or whose membership in this Compact has been terminated unless agreed upon in writing between the Commission and the defaulting state.6. The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district in which the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.c. Dispute Resolution1. Upon request by a party state, the Commission shall attempt to resolve disputes related to the Compact that arise among party states and between party and nonparty states.2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.3. In the event the Commission cannot resolve disputes among party states arising under this Compact:i. The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the Compact administrator in each of the affected party states and an individual mutually agreed upon by the Compact administrators of all the party states involved in the dispute.ii. The decision of a majority of the arbitrators shall be final and binding.d. Enforcement1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district in which the Commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.ARTICLE XEffective Date, Withdrawal, and Amendmenta. This Compact shall become effective and binding on the earlier of the date of legislative enactment of this Compact into law by no less than twenty-six states or December 31, 2018. All party states to this Compact, that also were parties to the prior Nurse Licensure Compact, superseded by this Compact, (Prior Compact), shall be deemed to have withdrawn from said Prior Compact within six months after the effective date of this Compact.b. Each party state to this Compact shall continue to recognize a nurses multistate licensure privilege to practice in that party state issued under the Prior Compact until such party state has withdrawn from the Prior Compact.c. Any party state may withdraw from this Compact by enacting a statute repealing the same. A party states withdrawal shall not take effect until six months after enactment of the repealing statute.d. A party states withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated states licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.e. Nothing contained in this Compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this Compact.f. This Compact may be amended by the party states. No amendment to this Compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.g. Representatives of nonparty states to this Compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this Compact by all states.ARTICLE XIConstruction and SeverabilityThis Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held to be contrary to the constitution of any party state, this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.Source Laws 2017, LB88,  26. 
71-1795.02.  Termination of prior compact.Section 71-1795 and the Nurse Licensure Compact contained in section 71-1795 terminate six months after the earlier of the date of legislative enactment of the Nurse Licensure Compact in section 71-1795.01 into law by no less than twenty-six states or December 31, 2018. The State of Nebraska shall be deemed to have withdrawn from the Nurse Licensure Compact in section 71-1795 at the time the compact terminates under this section.Source Laws 2017, LB88,  27. 
71-1795.  Nurse Licensure Compact.The Nurse Licensure Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:ARTICLE I. Findings and Declaration of Purpose(a) The party states find that:(1) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;(2) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;(3) The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;(4) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;(5) The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant to both nurses and states.(b) The general purposes of this compact are to:(1) Facilitate the states' responsibility to protect the public's health and safety;(2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;(3) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions;(4) Promote compliance with the laws governing the practice of nursing in each jurisdiction;(5) Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.ARTICLE II. DefinitionsAs used in this compact:(a) Adverse action means a home or remote state action.(b) Alternative program means a voluntary, nondisciplinary monitoring program approved by a nurse licensing board.(c) Coordinated licensure information system means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws which is administered by a nonprofit organization composed of and controlled by state nurse licensing boards.(d) Current significant investigative information means:(1) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or(2) Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.(e) Home state means the party state which is the nurse's primary state of residence.(f) Home state action means any administrative, civil, equitable, or criminal action permitted by the home state's laws which is imposed on a nurse by the home state's licensing board or other authority including actions against an individual's license such as revocation, suspension, probation, or any other action which affects a nurse's authorization to practice.(g) Licensing board means a party state's regulatory body responsible for issuing nurse licenses.(h) Multistate licensure privilege means current, official authority from a remote state permitting the practice of nursing as either a registered nurse or a licensed practical or vocational nurse in such party state. All party states have the authority, in accordance with existing state due process law, to take actions against the nurse's privilege such as revocation, suspension, probation, or any other action which affects a nurse's authorization to practice.(i) Nurse means a registered nurse or licensed practical or vocational nurse, as those terms are defined by each party state's state practice laws.(j) Party state means any state that has adopted this compact.(k) Remote state means a party state, other than the home state:(1) Where the patient is located at the time nursing care is provided; or(2) In the case of the practice of nursing not involving a patient, in such party state where the recipient of nursing practice is located.(l) Remote state action means:(1) Any administrative, civil, equitable, or criminal action permitted by a remote state's laws which is imposed on a nurse by the remote state's licensing board or other authority, including actions against an individual's multistate licensure privilege to practice in the remote state; and(2) Cease and desist and other injunctive or equitable orders issued by remote states or the licensing boards thereof.(m) State means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.(n) State practice laws means those individual party states' laws and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. State practice laws does not include the initial qualifications for licensure or requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.ARTICLE III. General Provisions and Jurisdiction(a) A license to practice registered nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a multistate licensure privilege to practice as a registered nurse in such party state. A license to practice licensed practical or vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a multistate licensure privilege to practice as a licensed practical or vocational nurse in such party state. In order to obtain or retain a license, an applicant must meet the home state's qualifications for licensure and license renewal as well as all other applicable state laws.(b) Party states may, in accordance with state due process laws, limit or revoke the multistate licensure privilege of any nurse to practice in their state and may take any other actions under their applicable state laws necessary to protect the health and safety of their citizens. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.(c) Every nurse practicing in a party state must comply with the state practice laws of the state in which the patient is located at the time care is rendered. In addition, the practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of a party state. The practice of nursing will subject a nurse to the jurisdiction of the nurse licensing board and the courts, as well as the laws, in that party state.(d) This compact does not affect additional requirements imposed by states for advanced practice registered nursing. However, a multistate licensure privilege to practice registered nursing granted by a party state shall be recognized by other party states as a license to practice registered nursing if one is required by state law as a precondition for qualifying for advanced practice registered nurse authorization.(e) Individuals not residing in a party state shall continue to be able to apply for nurse licensure as provided for under the laws of each party state. However, the license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state unless explicitly agreed to by that party state.ARTICLE IV. Applications for Licensure in a Party State(a) Upon application for a license, the licensing board in a party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any restrictions on the multistate licensure privilege, and whether any other adverse action by any state has been taken against the license.(b) A nurse in a party state shall hold licensure in only one party state at a time, issued by the home state.(c) A nurse who intends to change primary state of residence may apply for licensure in the new home state in advance of such change. However, new licenses will not be issued by a party state until after a nurse provides evidence of change in the primary state of residence satisfactory to the new home state's licensing board.(d) When a nurse changes primary state of residence by:(1) Moving between two party states, and obtains a license from the new home state, the license from the former home state is no longer valid;(2) Moving from a nonparty state to a party state, and obtains a license from the new home state, the individual state license issued by the nonparty state is not affected and will remain in full force if so provided by the laws of the nonparty state;(3) Moving from a party state to a nonparty state, the license issued by the prior home state converts to an individual state license, valid only in the former home state, without the multistate licensure privilege to practice in other party states.ARTICLE V. Adverse ActionsIn addition to the general provisions described in Article III, the following provisions apply:(a) The licensing board of a remote state shall promptly report to the administrator of the coordinated licensure information system any remote state action, including the factual and legal basis for such action, if known. The licensing board of a remote state shall also promptly report any current significant investigative information yet to result in a remote state action. The administrator of the coordinated licensure information system shall promptly notify the home state of any such report.(b) The licensing board of a party state shall have the authority to complete any pending investigations for a nurse who changes primary state of residence during the course of such investigations. It shall also have the authority to take appropriate actions and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.(c) A remote state may take adverse action affecting the multistate licensure privilege to practice within that party state. However, only the home state shall have the power to impose adverse action against the license issued by the home state.(d) For purposes of imposing adverse action, the licensing board of the home state shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, it shall apply its own state laws to determine appropriate action.(e) The home state may take adverse action based on the factual findings of the remote state, so long as each state follows its own procedures for imposing such adverse action.(f) Nothing in this compact shall override a party state's decision that participation in an alternative program may be used in lieu of licensure action and that such participation shall remain nonpublic if required by the party state's laws. Party states must require nurses who enter any alternative programs to agree not to practice in any other party state during the term of the alternative program without prior authorization from such other party state.ARTICLE VI. Additional Authorities Invested in PartyState Nurse Licensing BoardsNotwithstanding any other powers, party state nurse licensing boards shall have the authority to:(a) If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse;(b) Issue subpoenas for both hearings and investigations which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a nurse licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located;(c) Issue cease and desist orders to limit or revoke a nurse's authority to practice in their state;(d) Promulgate uniform rules and regulations as provided for in Article VIII(c).ARTICLE VII. Coordinated Licensure Information System(a) All party states shall participate in a cooperative effort to create a coordinated database of all licensed registered nurses and licensed practical or vocational nurses. This system will include information on the licensure and disciplinary history of each nurse, as contributed by party states, to assist in the coordination of nurse licensure and enforcement efforts.(b) Notwithstanding any other provision of law, all party states' licensing boards shall promptly report adverse actions, actions against multistate licensure privileges, any current significant investigative information yet to result in adverse action, denials of applications, and the reasons for such denials to the coordinated licensure information system.(c) Current significant investigative information shall be transmitted through the coordinated licensure information system only to party state licensing boards.(d) Notwithstanding any other provision of law, all party states' licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.(e) Any personally identifiable information obtained by a party state's licensing board from the coordinated licensure information system may not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.(f) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.(g) The compact administrators, acting jointly with each other and in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this compact.ARTICLE VIII. Compact Administration and Interchange of Information(a) The head of the nurse licensing board or his or her designee of each party state shall be the administrator of this compact for his or her state.(b) The compact administrator of each party state shall furnish to the compact administrator of each other party state any information and documents, including, but not limited to, a uniform data set of investigations, identifying information, licensure data, and disclosable alternative program participation information to facilitate the administration of this compact.(c) Compact administrators shall have the authority to develop uniform rules to facilitate and coordinate implementation of this compact. These uniform rules shall be adopted by party states, under the authority invested under Article VI(d).ARTICLE IX. ImmunityNo party state or the officers or employees or agents of a party state's nurse licensing board who act in accordance with the provisions of this compact shall be liable except as provided in the State Tort Claims Act.ARTICLE X. Entry into Force, Withdrawal, and Amendment(a) This compact shall enter into force and become effective as to any state when it has been enacted into the laws of that state. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the withdrawing state has given notice of the withdrawal to the executive heads of all other party states.(b) No withdrawal shall affect the validity or applicability by the licensing boards of states remaining party to the compact of any report of adverse action occurring prior to the withdrawal.(c) Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this compact.(d) This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.ARTICLE XI. Construction and Severability(a) This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.(b) In the event party states find a need for settling disputes arising under this compact:(1) The party states may submit the issues in dispute to an arbitration panel which will be comprised of an individual appointed by the compact administrator in the home state, an individual appointed by the compact administrator in the remote state or states involved, and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute;(2) The decision of a majority of the arbitrators shall be final and binding.Source  Laws 2000, LB 523,  1.   Termination Date: See section 71-1795.02.  Cross References  State Tort Claims Act, see section 81-8,235.
71-1796.  Act, how cited.Sections 71-1796 to 71-1799 shall be known and may be cited as the Nebraska Center for Nursing Act.Source  Laws 2000, LB 1025,  1;  Laws 2005, LB 243,  2;  Laws 2010, LB849,  25. 
71-1797.  Legislative findings.The Legislature finds that it is imperative that the State of Nebraska protect its investment and the progress made in its efforts to alleviate the nursing shortage which exists. The Legislature also finds that the Nebraska Center for Nursing will provide the appropriate means to do so. It is the intent of the Legislature to appropriate funds necessary for the center to carry out the Nebraska Center for Nursing Act.Source Laws 2000, LB 1025,  2. 
71-1798.01.  Board of Nursing; duties.The Board of Nursing shall recommend annually to the Department of Health and Human Services the percentage of all nursing fees collected during the year that are to be used to cover the cost of the Nebraska Center for Nursing, except that the percentage shall not be greater than fifteen percent of the biennial revenue derived from the fees.Source  Laws 2005, LB 243,  3;  Laws 2007, LB296,  488. 
71-1798.  Nebraska Center for Nursing; established; goals.The Nebraska Center for Nursing is established. The center shall address issues of supply and demand for nurses, including issues of recruitment, retention, and utilization of nurses. The Legislature finds that the center will repay the state's investment by providing an ongoing strategy for the allocation of the state's resources directed towards nursing. The primary goals for the center are:(1) To develop a strategic statewide plan to alleviate the nursing shortage in Nebraska by:(a) Establishing and maintaining a database on nursing supply and demand in Nebraska, including current supply and demand and future projections; and(b) Selecting priorities from the plan to be addressed;(2) To convene various groups representative of nurses, other health care providers, business and industry, consumers, legislators, and educators to:(a) Review and comment on data analysis prepared for the center;(b) Recommend systemic changes, including strategies for implementation of recommended changes; and(c) Evaluate and report the results of these efforts to the Legislature and the public; and(3) To enhance and promote recognition, reward, and renewal activities for nurses by:(a) Proposing and creating recognition, reward, and renewal activities; and(b) Promoting media and positive image-building efforts for nursing.Source Laws 2000, LB 1025,  3. 
71-1799.  Nebraska Center for Nursing Board; created; members; terms; powers and duties; expenses.(1) The Nebraska Center for Nursing Board is created. The board shall be a policy-setting board for the Nebraska Center for Nursing. The board shall be appointed by the Governor as follows:(a) Ten members, at least three of whom shall be registered nurses, one of whom shall be a licensed practical nurse, one of whom shall be a representative of the hospital industry, and one of whom shall be a representative of the long-term care industry;(b) One nurse educator recommended by the Board of Regents of the University of Nebraska;(c) One nurse educator recommended by the Nebraska Community College Association;(d) One nurse educator recommended by the Nebraska Association of Independent Colleges and Universities; and(e) Three members recommended by the State Board of Health.(2) The initial terms of the members of the Nebraska Center for Nursing Board shall be:(a) Five of the ten members appointed under subdivision (1)(a) of this section shall serve for one year and five shall serve for two years;(b) The member recommended by the Board of Regents shall serve for three years;(c) The member recommended by the Nebraska Community College Association shall serve for two years;(d) The member recommended by the Nebraska Association of Independent Colleges and Universities shall serve for one year; and(e) The members recommended by the State Board of Health shall serve for three years.The initial appointments shall be made within sixty days after July 13, 2000. After the initial terms expire, the terms of all of the members shall be three years with no member serving more than two consecutive terms.(3) The Nebraska Center for Nursing Board shall have the following powers and duties:(a) To determine operational policy;(b) To elect a chairperson and officers to serve two-year terms. The chairperson and officers may not succeed themselves;(c) To establish committees of the board as needed;(d) To appoint a multidisciplinary advisory council for input and advice on policy matters;(e) To implement the major functions of the Nebraska Center for Nursing; and(f) To seek and accept nonstate funds for carrying out center policy.(4) The board members shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.(5) The Department of Health and Human Services shall provide administrative support for the board. The board may contract for additional support not provided by the department.Source  Laws 2000, LB 1025,  4;  Laws 2007, LB296,  489;  Laws 2020, LB381,  62.  
71-180.  Transferred to section 38-803.
71-1801.  Pathogenic microorganisms; sale and distribution; permit required.The sale and distribution of any material or substance, containing live microorganisms which are pathogenic to humans, is hereby prohibited unless authorized by special permits as provided for by sections 71-1802 and 71-1803.Source   Laws 1943, c. 153,  1, p. 561;   R.S.1943,  71-1801. 
71-1802.  Permit; Department of Health and Human Services, authority; certification to State Veterinarian.The Department of Health and Human Services is hereby authorized to issue permits for the use of the pathogenic microorganisms described in section 71-1801 in the prevention or control of diseases in humans, if in the opinion of the department there is sufficient warrant for their utilization for such purpose. The department shall certify to the State Veterinarian the materials or substances that contain live microorganisms which are pathogenic to humans. The department is further authorized to promulgate rules and regulations to carry out the provisions of this section.Source   Laws 1943, c. 153,  2, p. 562;   R.S.1943,  71-1802;  Laws 1996, LB 1044,  579;  Laws 2007, LB296,  494. 
71-1803.  Permit; State Veterinarian, authority; rules and regulations.The State Veterinarian is hereby authorized to issue permits for the use of the pathogenic microorganisms described in section 71-1801 in the prevention or control of diseases of animals, if in the opinion of the Department of Health and Human Services there is sufficient warrant for their utilization for such purpose. In carrying out the duties of this section with reference to animals, the State Veterinarian shall take into consideration the certification made by the Department of Health and Human Services as provided for in section 71-1802. The State Veterinarian is further authorized to promulgate rules and regulations to carry out the provisions of this section.Source   Laws 1943, c. 153,  3, p. 562;   R.S.1943,  71-1803;   Laws 1965, c. 334,  8, p. 958;  Laws 1996, LB 1044,  580;  Laws 2007, LB296,  495. 
71-1804.  Permit; duration; abrogation; renewal.The permits, issued under the provisions of sections 71-1802 and 71-1803, shall be valid for the period of one year, or part thereof, expiring on December 31 of each year. However, all such permits must remain subject to abrogation and renewal, if in the opinion of the Department of Health and Human Services or State Veterinarian there is sufficient warrant for such abrogation or renewal.Source   Laws 1943, c. 153,  4, p. 562;   R.S.1943,  71-1804;  Laws 1996, LB 1044,  581;  Laws 2007, LB296,  496. 
71-1805.  Violation; penalty.Any person violating any of the provisions of sections 71-1801 to 71-1804 shall be guilty of a Class II misdemeanor.Source   Laws 1943, c. 153,  5, p. 562;   R.S.1943,  71-1805;  Laws 1977, LB 39,  162;  Laws 1996, LB 1044,  582.  
71-181.  Transferred to section 38-809.
71-182.  Transferred to section 38-811.
71-183.01.  Transferred to section 38-1116.
71-183.02.  Transferred to section 38-1107.
71-183.  Transferred to section 38-1115.
71-185.01.  Transferred to section 38-1125.
71-185.02.  Transferred to section 38-1123.
71-185.03.  Transferred to section 38-1124.
71-185.  Transferred to section 38-1117.
71-189.  Transferred to section 38-1127.
71-190.  Transferred to section 38-1128.
71-1901.  Terms, defined.For purposes of sections 71-1901 to 71-1906.01:(1) Person includes a partnership, limited liability company, firm, agency, association, or corporation;(2) Child means an unemancipated minor;(3) Child-placing agency has the definition found in section 71-1926;(4) Department means the Department of Health and Human Services;(5) Foster care means engaged in the service of exercising twenty-four-hour daily care, supervision, custody, or control over children, for compensation or hire, in lieu of the care or supervision normally exercised by parents in their own home. Foster care does not include casual care at irregular intervals or programs as defined in section 71-1910;(6) Foster family home means a home which provides foster care to a child or children pursuant to a foster care placement as defined in section 43-1301. Foster family homes include licensed homes where the primary caretaker has no significant prior relationship with the child or children in his or her care and both licensed and unlicensed relative and kinship homes;(7) Kinship home means a home where a child or children receive foster care and at least one of the primary caretakers has previously lived with or is a trusted adult that has a preexisting, significant relationship with the child or children or a sibling of such child or children pursuant to section 43-1311.02;(8) Native American means a person who is a member of an Indian tribe or eligible for membership in an Indian tribe;(9) Relative home means a home where a child or children receive foster care and at least one of the primary caretakers is related to the child or children, or to a sibling of such child or children pursuant to section 43-1311.02, in his or her care by blood, marriage, or adoption or, in the case of an Indian child, at least one of the primary caretakers is an extended family member as defined in section 43-1503; and(10) Residential child-caring agency has the definition found in section 71-1926.Source   Laws 1943, c. 154,  1, p. 563;   R.S.1943,  71-1901;   Laws 1945, c. 171,  1, p. 548;   Laws 1961, c. 415,  25, p. 1258;  Laws 1984, LB 130,  13;  Laws 1987, LB 386,  1;   Laws 1993, LB 121,  425;  Laws 1995, LB 401,  24;  Laws 1995, LB 451,  1;  Laws 1996, LB 1044,  583;  Laws 1997, LB 307,  171;  Laws 2001, LB 209,  19;  Laws 2002, LB 93,  7;  Laws 2008, LB797,  12;  Laws 2013, LB265,  40. 
71-1902.  Foster care; license required; license renewal; kinship homes and relative homes; department and child-placing agencies; duties; placement in nonlicensed relative home or kinship home; approval by department; when; license revocation; procedure.(1) The department shall adopt and promulgate rules and regulations on requirements for licenses, waivers, variances, and approval of foster family homes taking into consideration the health, safety, well-being, and best interests of the child. An initial assessment of a foster family home shall be completed and shall focus on the safety, protection, and immediate health, educational, developmental, and emotional needs of the child and the willingness and ability of the foster home, relative home, or kinship home to provide a safe, stable, and nurturing environment for a child for whom the department or child-placing agency has assumed responsibility.(2)(a) Except as otherwise provided in this section, no person shall furnish or offer to furnish foster care for one or more children without having in full force and effect a written license issued by the department upon such terms and conditions as may be prescribed by general rules and regulations adopted and promulgated by the department. The terms and conditions for licensure may allow foster family homes to meet licensing standards through variances equivalent to the established standards.(b) The department may issue a time-limited, nonrenewable provisional license to an applicant who is unable to comply with all licensure requirements and standards, is making a good faith effort to comply, and is capable of compliance within the time period stated in the license. The department may issue a time-limited, nonrenewable probationary license to a licensee who agrees to establish compliance with rules and regulations that, when violated, do not present an unreasonable risk to the health, safety, or well-being of the foster children in the care of the applicant.(3) Kinship homes and relative homes are exempt from licensure, however, such homes should make efforts to be licensed if such license will facilitate the permanency plan of the child. The department and child-placing agencies shall, when requested or as part of the child's permanency plan, provide resources for and assistance with licensure, including, but not limited to, information on licensure, waivers for relative homes, kinship-specific and relative-specific foster care training, referral to local service providers and support groups, and funding and resources available to address home safety or other barriers to licensure.(4) Prior to placement in a nonlicensed relative home or kinship home, approval shall be obtained from the department. Requirements for initial approval shall include, but not be limited to, the initial assessment provided for in subsection (1) of this section, a home visit to assure adequate and safe housing, and a criminal background check of all adult residents. Final approval shall include, but not be limited to, requirements as appropriate under section 71-1903. The department or child-placing agency shall provide assistance to an approved relative home or kinship home to support the care, protection, and nurturing of the child. Support may include, but not be limited to, information on licensure, waivers, and variances, kinship-specific and relative-specific foster care training, mental and physical health care, options for funding for needs of the child, and service providers and support groups to address the needs of relative and kinship parents, families, and children.(5) All nonprovisional and nonprobationary licenses issued under sections 71-1901 to 71-1906.01 shall expire two years from the date of issuance and shall be subject to renewal under the same terms and conditions as the original license, except that if a licensee submits a completed renewal application thirty days or more before the license's expiration date, the license shall remain in effect until the department either renews the license or denies the renewal application. No license issued pursuant to this section shall be renewed unless the licensee has completed the required hours of training in foster care in the preceding twelve months as prescribed by the department. A license may be revoked for cause, after notice and hearing, in accordance with rules and regulations adopted and promulgated by the department.(6) A young adult continuing to reside in a foster family home as provided in subdivision (2) of section 43-4505 does not constitute an unrelated adult for the purpose of determining eligibility of the family to be licensed as a foster family home.Source   Laws 1943, c. 154,  2, p. 564;   R.S.1943,  71-1902;   Laws 1945, c. 171,  2, p. 549;   Laws 1949, c. 207,  1, p. 595;   Laws 1961, c. 415,  26, p. 1258;   Laws 1982, LB 928,  52;  Laws 1984, LB 130,  14;  Laws 1987, LB 386,  2;  Laws 1988, LB 930,  1;  Laws 1990, LB 1222,  12;  Laws 1995, LB 401,  25;  Laws 1995, LB 402,  1;  Laws 1995, LB 451,  2;  Laws 2001, LB 209,  20;  Laws 2002, LB 93,  8;  Laws 2011, LB648,  3;  Laws 2012, LB820,  7;  Laws 2013, LB216,  18;  Laws 2013, LB265,  41. 
71-1903.  Foster care; investigation by department; State Fire Marshal; fee; criminal history record information check.(1) Before issuance of a license under sections 71-1901 to 71-1906.01, the department shall cause such investigation to be made as it deems necessary to determine if the character of the applicant, any member of the applicant's household, or the person in charge of the service and the place where the foster care is to be furnished are such as to ensure the proper care and treatment of children. The department may request the State Fire Marshal to inspect such places for fire safety pursuant to section 81-502. The State Fire Marshal shall assess a fee for such inspection pursuant to section 81-505.01, payable by the licensee or applicant for a license, except that the department may pay the fee for inspection for fire safety of homes where foster care is provided. The department may conduct sanitation and health standards investigations pursuant to subsection (2) of this section. The department may also, at any time it sees fit, cause an inspection to be made of the place where any licensee is furnishing foster care to see that such service is being properly conducted.(2) The department shall make an investigation and report of all licensed foster care providers subject to this section or applicants for licenses to provide such care to determine if standards of health and sanitation set by the department for the care and protection of the child or children who may be placed in foster family homes are being met. The department may delegate the investigation authority to qualified local environmental health personnel.(3) Before the foster care placement of any child in Nebraska by the department, the department shall require a national criminal history record information check of the prospective foster parent of such child and each member of such prospective foster parent's household who is eighteen years of age or older. The department shall provide two sets of legible fingerprints for such persons to the Nebraska State Patrol for submission to the Federal Bureau of Investigation. The Nebraska State Patrol shall conduct a criminal history record information check of such persons and shall submit such fingerprints to the Federal Bureau of Investigation for a national criminal history record information check. The criminal history record information check shall include information from federal repositories of such information and repositories of such information in other states if authorized by federal law. The Nebraska State Patrol shall issue a report of the results of such criminal history record information check to the department. The department shall pay a fee to the Nebraska State Patrol for conducting such check. Information received from the criminal history record information check required under this subsection shall be used solely for the purpose of evaluating and confirming information provided by such persons for providing foster care or for the finalization of an adoption. A child may be placed in foster care by the department prior to the completion of a criminal history record information check under this subsection in emergency situations as determined by the department.Source   Laws 1943, c. 154,  3, p. 564;   R.S.1943,  71-1903;   Laws 1945, c. 171,  3, p. 549;   Laws 1961, c. 415,  27, p. 1259;   Laws 1967, c. 446,  2, p. 1388;  Laws 1983, LB 498,  2;  Laws 1985, LB 447,  37;  Laws 1987, LB 386,  3;  Laws 1988, LB 930,  2;   Laws 1991, LB 836,  28;  Laws 1995, LB 401,  26;  Laws 1995, LB 451,  3;  Laws 1996, LB 1044,  584;  Laws 1997, LB 307,  172;  Laws 1997, LB 622,  101;  Laws 2001, LB 209,  21;  Laws 2002, LB 93,  9;  Laws 2004, LB 1005,  66;  Laws 2007, LB296,  497;  Laws 2013, LB265,  42. 
71-1904.  Rules and regulations; waiver of licensing standard; when.(1) The department shall adopt and promulgate rules and regulations pursuant to sections 71-1901 to 71-1906.01 for (a) the proper care and protection of children by licensees under such sections, (b) the issuance, suspension, and revocation of licenses to provide foster care, (c) the issuance, suspension, and revocation of probationary licenses to provide foster care, (d) the issuance, suspension, and revocation of provisional licenses to provide foster care, (e) the provision of training in foster care, which training shall be directly related to the skills necessary to care for children in need of out-of-home care, including, but not limited to, abused, neglected, dependent, and delinquent children, and (f) the proper administration of sections 71-1901 to 71-1906.01.(2) The department may issue a waiver for any licensing standard not related to children's safety for a relative home that is pursuing licensure. Such waivers shall be granted on a case-by-case basis upon assessment by the department based upon the best interests of the child. A relative home that receives a waiver pursuant to this subsection shall be considered fully licensed for purposes of federal reimbursement under the federal Fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 110-351.(3) The department shall adopt and promulgate rules and regulations establishing new foster home licensing requirements that ensure children's safety, health, and well-being but minimize the use of licensing mandates for nonsafety issues. Such rules and regulations shall provide alternatives to address nonsafety issues regarding housing and provide assistance to families in overcoming licensing barriers, especially in child-specific relative and kinship placements, to maximize appropriate reimbursement under Title IV-E of the federal Social Security Act, as amended, including expanding the use of kinship guardianship assistance payments under 42 U.S.C. 673(d), as such act and section existed on January 1, 2013.Source   Laws 1943, c. 154,  4, p. 564;   R.S.1943,  71-1904;   Laws 1945, c. 171,  4, p. 550;   Laws 1961, c. 415,  28, p. 1259;  Laws 1990, LB 1222,  13;  Laws 1995, LB 401,  27;  Laws 1995, LB 402,  2;  Laws 1995, LB 451,  4;  Laws 2001, LB 209,  22;  Laws 2002, LB 93,  10;  Laws 2003, LB 54,  1;  Laws 2012, LB782,  114;  Laws 2012, LB1160,  17;  Laws 2013, LB222,  26;  Laws 2013, LB265,  43;  Laws 2013, LB269,  9;  Laws 2017, LB417,  12.  
71-1905.  Violation; penalty.Any person who violates any of the provisions of sections 71-1901 to 71-1906.01 shall be deemed guilty of a Class III misdemeanor.Source   Laws 1943, c. 154,  5, p. 564;   R.S.1943,  71-1905;   Laws 1945, c. 171,  5, p. 550;  Laws 1977, LB 39,  163;  Laws 1995, LB 451,  5;  Laws 2001, LB 209,  23;  Laws 2002, LB 93,  11.  
71-1906.01.  Native American foster homes; rules and regulations.The department may adopt and promulgate rules and regulations establishing separate licensing standards for Native American foster homes located outside the boundaries of any Indian reservation or tribal service area as defined in section 43-1503. The department shall, in consultation with the Commission on Indian Affairs, develop appropriate standards for the licensing of such foster homes. Such standards shall comply with the federal Indian Child Welfare Act of 1978, 25 U.S.C. 1901 et seq., the Nebraska Indian Child Welfare Act, and all other applicable federal and state laws.Source  Laws 1995, LB 451,  7;  Laws 1999, LB 475,  5.  Cross References  Nebraska Indian Child Welfare Act, see section 43-1501.
71-1906.  Native American foster homes; legislative intent.In order to achieve the goals and further the purposes of the federal Indian Child Welfare Act of 1978 and the Nebraska Indian Child Welfare Act, it is the intent of the Legislature that Native American families have the option to meet separate licensing standards for Native American foster homes located outside the boundaries of any Indian reservation or tribal service area as defined in section 43-1503.Source  Laws 1995, LB 451,  6;  Laws 1999, LB 475,  4.  Cross References  Nebraska Indian Child Welfare Act, see section 43-1501.
71-1907.  Child passenger restraint; requirements; violation; penalty.Any person furnishing foster care who is subject to licensure under section 71-1902 or the Children's Residential Facilities and Placing Licensure Act, when transporting in a motor vehicle any children for whom care is being furnished, shall use an approved child passenger restraint system for each child, except that an occupant protection system or a three-point safety belt system as defined in section 60-6,265 may be used for any child as prescribed in section 60-6,267.Any person violating this section shall be guilty of an infraction as defined in section 29-431 and shall have his or her license to furnish foster care revoked or suspended by the Department of Health and Human Services.For purposes of this section, approved child passenger restraint system shall mean a restraint system which meets Federal Motor Vehicle Safety Standard 213 as developed by the National Highway Traffic Safety Administration, as such standard existed on July 20, 2002.Source  Laws 1982, LB 69,  1;  Laws 1987, LB 386,  4;   Laws 1992, LB 958,  10;  Laws 1993, LB 370,  475;  Laws 1995, LB 401,  28;  Laws 1996, LB 1044,  586;  Laws 1997, LB 307,  174;  Laws 2000, LB 410,  3;  Laws 2002, LB 1073,  3;  Laws 2013, LB265,  44;  Laws 2015, LB231,  43;  Laws 2018, LB42,  3.  Cross References   Child passenger restraint system violation, see sections 60-6,267 and 60-6,268.  Children's Residential Facilities and Placing Licensure Act, see section 71-1924. 
71-1908.  Child Care Licensing Act; act, how cited; legislative findings.(1) Sections 71-1908 to 71-1923 shall be known and may be cited as the Child Care Licensing Act.(2) The Legislature finds that there is a present and growing need for quality child care programs and facilities. There is a need to establish and maintain licensure of persons providing such programs to ensure that such persons are competent and are using safe and adequate facilities. The Legislature further finds and declares that the development and supervision of programs are a matter of statewide concern and should be dealt with uniformly on the state and local levels. There is a need for cooperation among the various state and local agencies which impose standards on licensees, and there should be one agency which coordinates the enforcement of such standards and informs the Legislature about cooperation among the various agencies.Source  Laws 1984, LB 130,  1;  Laws 1995, LB 401,  29;  Laws 2004, LB 1005,  67;  Laws 2013, LB105,  1;  Laws 2018, LB1034,  60;  Laws 2020, LB1185,  2.  
71-1909.  Purposes of act; legislative intent.(1) The purposes of the Child Care Licensing Act are to provide:(a) Statewide licensure standards for persons providing child care programs; and(b) The department with authority to coordinate the enforcement of standards on licensees.(2) It is the intent of the Legislature that the licensing and regulation of programs under the act exist for the protection of children and to assist parents in making informed decisions concerning enrollment and care of their children in such programs.Source  Laws 1984, LB 130,  2;  Laws 1995, LB 401,  30;  Laws 1996, LB 1044,  587;  Laws 1997, LB 307,  175;  Laws 1997, LB 310,  4;  Laws 1999, LB 594,  50;  Laws 2004, LB 1005,  68;  Laws 2007, LB296,  498. 
71-191.  Transferred to section 38-1129.
71-1910.  Terms, defined.For purposes of the Child Care Licensing Act, unless the context otherwise requires:(1) Department means the Department of Health and Human Services; and(2)(a) Program means the provision of services in lieu of parental supervision for children under thirteen years of age for compensation, either directly or indirectly, on the average of less than twelve hours per day, but more than two hours per week, and includes any employer-sponsored child care, family child care home, child care center, school-age child care program, school-age services pursuant to section 79-1104, or preschool or nursery school.(b) Program does not include casual care at irregular intervals, a recreation camp as defined in section 81-15,271, a recreation facility, center, or program operated by a political or governmental subdivision pursuant to the authority provided in section 13-304, classes or services provided by a religious organization other than child care or a preschool or nursery school, a preschool program conducted in a school approved pursuant to section 79-318, services provided only to school-age children during the summer and other extended breaks in the school year, or foster care as defined in section 71-1901.Source  Laws 1984, LB 130,  3;  Laws 1986, LB 68,  1;  Laws 1987, LB 472,  1;   Laws 1991, LB 836,  29;  Laws 1995, LB 401,  31;  Laws 1995, LB 451,  9;  Laws 1996, LB 900,  1058;  Laws 1996, LB 1044,  588;  Laws 1997, LB 307,  176;  Laws 1997, LB 310,  5;  Laws 1999, LB 594,  51;  Laws 2004, LB 1005,  69;  Laws 2006, LB 994,  97;  Laws 2007, LB296,  499;  Laws 2008, LB928,  19;  Laws 2021, LB148,  68.  
71-1911.01.  Fees.(1) For a license to operate a program for fewer than thirty children, each applicant for a license and each licensee shall pay to the department, at the time of initial application and annually thereafter, a license fee of twenty-five dollars.(2) For a license to operate a program for thirty or more children, each applicant for a license and each licensee shall pay to the department, at the time of initial application and annually thereafter, a license fee of fifty dollars.(3) If the department denies an application for a license and has not completed an inspection prior to such denial, the department shall return the license fee to the applicant.Source  Laws 1993, LB 510,  2;  Laws 2004, LB 1005,  72.  
71-1911.02.  Application; contents.(1) An applicant for a license to operate a program required to be licensed under the Child Care Licensing Act shall file a written application with the department. The application shall be accompanied by the license fee pursuant to section 71-1911.01 and shall set forth the full name and address of the program to be licensed, the full name and address of the owner of such program, the names of all household members if the program is located in a residence, the names of all persons in control of the program, and additional information as required by the department, including affirmative evidence of the applicant's ability to comply with rules and regulations adopted and promulgated under the act. The application shall include the applicant's social security number if the applicant is an individual. The social security number shall not be public record and may only be used for administrative purposes.(2) The application shall be signed by (a) the owner, if the applicant is an individual, a partnership, or the sole owner of a limited liability company or a corporation, (b) two of its members, if the applicant is a limited liability company, or (c) two of its officers, if the applicant is a corporation.Source  Laws 2004, LB 1005,  71;  Laws 2006, LB 994,  99.  
71-1911.03.  Applicant; liability insurance.An applicant for a license under the Child Care Licensing Act shall provide to the department written proof of liability insurance coverage of at least one hundred thousand dollars per occurrence prior to issuance of the license. A licensee subject to the Child Care Licensing Act on July 1, 2014, shall obtain such liability insurance coverage and provide written proof to the department within thirty days after July 1, 2014. Failure by a licensee to maintain the required level of liability insurance coverage shall be deemed noncompliance with the Child Care Licensing Act. If the licensee is the State of Nebraska or a political subdivision, the licensee may utilize a risk retention group or a risk management pool for purposes of providing such liability insurance coverage or may self-insure all or part of such coverage.Source Laws 2013, LB105,  2.
71-1911.  Licenses; when required; issuance; corrective action status; display of license.(1) A person may operate child care for three or fewer children without having a license issued by the department. A person who is not required to be licensed may choose to apply for a license and, upon obtaining a license, shall be subject to the Child Care Licensing Act. A person who has had a license issued pursuant to this section and has had such license suspended or revoked other than for nonpayment of fees shall not operate or offer to operate a program for or provide care to any number of children until the person is licensed pursuant to this section.(2) No person shall operate or offer to operate a program for four or more children under his or her direct supervision, care, and control at any one time from families other than that of such person without having in full force and effect a written license issued by the department upon such terms as may be prescribed by the rules and regulations adopted and promulgated by the department. The license may be a provisional license or an operating license. A city, village, or county which has rules, regulations, or ordinances in effect on July 10, 1984, which apply to programs operating for two or three children from different families may continue to license persons providing such programs. If the license of a person is suspended or revoked other than for nonpayment of fees, such person shall not be licensed by any city, village, or county rules, regulations, or ordinances until the person is licensed pursuant to this section.(3) A provisional license shall be issued to all applicants following the completion of preservice orientation training approved or delivered by the department for the first year of operation. At the end of one year of operation, the department shall either issue an operating license, extend the provisional license, or deny the operating license. The provisional license may be extended once for a period of no more than six months. The decision regarding extension of the provisional license is not appealable. The provisional license may be extended if:(a) A licensee is unable to comply with all licensure requirements and standards, is making a good faith effort to comply, and is capable of compliance within the next six months;(b) The effect of the current inability to comply with a rule or regulation does not present an unreasonable risk to the health, safety, or well-being of children or staff; and(c) The licensee has a written plan of correction that has been approved by the department which is to be completed within the renewal period.(4) The department may place a provisional or operating license on corrective action status. Corrective action status is voluntary and may be in effect for up to six months. The decision regarding placement on corrective action status is not a disciplinary action and is not appealable. If the written plan of correction is not approved by the department, the department may discipline the license. A probationary license may be issued for the licensee to operate under corrective action status if the department determines that:(a) The licensee is unable to comply with all licensure requirements and standards or has had a history of noncompliance;(b) The effect of noncompliance with any rule or regulation does not present an unreasonable risk to the health, safety, or well-being of children or staff; and(c) The licensee has a written plan of correction that has been approved by the department.(5) Operating licenses issued under the Child Care Licensing Act shall remain in full force and effect subject to annual inspections and fees. The department may amend a license upon change of ownership or location. Amending a license requires a site inspection by the department at the time of amendment. When a program is to be permanently closed, the licensee shall return the license to the department within one week after the closing.(6) The license, including any applicable status or amendment, shall be displayed by the licensee in a prominent place so that it is clearly visible to parents and others. License record information and inspection reports shall be made available by the licensee for public inspection upon request.Source  Laws 1984, LB 130,  4;  Laws 1988, LB 1013,  1;   Laws 1991, LB 836,  30;  Laws 1993, LB 510,  1;  Laws 1995, LB 401,  32;  Laws 1997, LB 310,  6;  Laws 1997, LB 752,  177;  Laws 1998, LB 1354,  33;  Laws 1999, LB 594,  52;  Laws 2004, LB 1005,  70;  Laws 2006, LB 994,  98;  Laws 2014, LB1050,  2. Annotations Denial of license for cause must be based on reasonable grounds, as distinguished from frivolous, arbitrary, or incompetent grounds. Ballard v. Nebraska Dept. of Soc. Servs., 2 Neb. App. 809, 515 N.W.2d 437 (1994).
71-1912.01.  Child care staff member; national criminal history record information check; required, when; federal Child Care Subsidy program; eligibility to participate.(1) For purposes of this section, child care staff member means an individual who is not related to all of the children for whom child care services are provided and:(a) Who is employed for compensation by a child care provider not required to be licensed under the Child Care Licensing Act, including contract employees or self-employed individuals;(b) Whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider; or(c) Who is residing in a family child care home and who is eighteen years of age or older.(2) Beginning on November 14, 2020, an individual who is not required to be licensed under the Child Care Licensing Act but seeks to participate as a provider in the federal Child Care Subsidy program shall submit a request for a national criminal history record information check for each child care staff member, including a prospective child care staff member of the child care provider, (a) prior to the child care provider being approved to participate as a child care provider in the federal Child Care Subsidy program, except as otherwise permitted under 45 C.F.R. 98.43, as such regulation existed on January 1, 2020, or (b) prior to residing in a family child care home. A child care staff member who was a provider in the federal Child Care Subsidy program prior to November 14, 2020, or who resided in a family child care home prior to November 14, 2020, shall submit to a national criminal history record information check by October 1, 2021, unless the child care staff member ceases to be a child care staff member prior to such date. The child care staff member or the child care provider seeking to participate in the subsidy program shall pay the cost of such national criminal history record information check. A person who undergoes a national criminal history record information check to obtain a license under the Child Care Licensing Act or work as a child care staff member and is in good standing with the department shall not be required to undergo an additional national criminal history record information check to become a child care provider in the federal Child Care Subsidy program if the person has not been separated from employment from a child care provider within the state for a period of not more than one hundred eighty consecutive days.(3) Any individual, entity, or provider shall be ineligible to participate in the federal Child Care Subsidy program if such individual, entity, or provider:(a) Refuses to consent to the national criminal history record information check described in this section;(b) Knowingly makes a materially false statement in connection with the national criminal history record information check described in this section;(c) Is registered, or required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry; or(d) Has been convicted of a crime of violence, a crime of moral turpitude, or a crime of dishonesty.Source Laws 2020, LB1185,  4. 
71-1912.  Department; investigation; inspections; national criminal history record information check; procedure; cost; background checks; person ineligible for employment; when.(1) Before issuance of a license, the department shall investigate or cause an investigation to be made, when it deems necessary, to determine if the applicant or person in charge of the program meets or is capable of meeting the physical well-being, safety, and protection standards and the other rules and regulations of the department adopted and promulgated under the Child Care Licensing Act. The department may investigate the character of applicants and licensees, any member of the applicant's or licensee's household, and the staff and employees of programs. The department may at any time inspect or cause an inspection to be made of any place where a program is operating to determine if such program is being properly conducted.(2) All inspections by the department shall be unannounced except for initial licensure visits and consultation visits. Initial licensure visits are announced visits necessary for a provisional license to be issued to a family child care home I, family child care home II, child care center, or school-age-only or preschool program. Consultation visits are announced visits made at the request of a licensee for the purpose of consulting with a department specialist on ways of improving the program.(3) An unannounced inspection of any place where a program is operating shall be conducted by the department or the city, village, or county pursuant to subsection (2) of section 71-1914 at least annually for a program licensed to provide child care for fewer than thirty children and at least twice every year for a program licensed to provide child care for thirty or more children.(4) Whenever an inspection is made, the findings shall be recorded in a report designated by the department. The public shall have access to the results of these inspections upon a written or oral request to the department. The request must include the name and address of the program. Additional unannounced inspections shall be performed as often as is necessary for the efficient and effective enforcement of the Child Care Licensing Act.(5)(a) A person applying for a license as a child care provider or a licensed child care provider under the Child Care Licensing Act shall submit a request for a national criminal history record information check for each child care staff member, including a prospective child care staff member of the child care provider, at the applicant's or licensee's expense, as set forth in this section. Beginning on October 1, 2019, a prospective child care staff member shall submit to a national criminal history record information check (i) prior to employment, except as otherwise permitted under 45 C.F.R. 98.43, as such regulation existed on January 1, 2019, or (ii) prior to residing in a family child care home. A child care staff member who was employed by a child care provider prior to October 1, 2019, or who resided in a family child care home prior to October 1, 2019, shall submit to a national criminal history record information check by October 1, 2021, unless the child care staff member ceases to be a child care staff member prior to such date.(b) A child care staff member shall be required to undergo a national criminal history record information check not less than once during each five-year period. A child care staff member shall submit a complete set of his or her fingerprints to the Nebraska State Patrol. The Nebraska State Patrol shall transmit a copy of the child care staff member's fingerprints to the Federal Bureau of Investigation for a national criminal history record information check. The national criminal history record information check shall include information concerning child care staff members from federal repositories of such information and repositories of such information in other states, if authorized by federal law for use by the Nebraska State Patrol. The Nebraska State Patrol shall issue a report to the department that includes the information collected from the national criminal history record information check concerning child care staff members. The department shall seek federal funds, if available, to assist child care providers and child care staff members with the costs of the fingerprinting and national criminal history record information check. If the department does not receive sufficient federal funds to assist child care providers and staff members with such costs, then the child care staff member being screened, applicant for a license, or licensee shall pay the actual cost of the fingerprinting and national criminal history record information check, except that the department may pay all or part of the cost if funding becomes available. The department and the Nebraska State Patrol may adopt and promulgate rules and regulations concerning the costs associated with the fingerprinting and the national criminal history record information check. The department may adopt and promulgate rules and regulations implementing national criminal history record information check requirements for child care providers and child care staff members.(c) A child care staff member shall also submit to the following background checks at his or her expense not less than once during each five-year period:(i) A search of the National Crime Information Center's National Sex Offender Registry; and(ii) A search of the following registries, repositories, or databases in the state where the child care provider is located or where the child care staff member resides and each state where the child care provider was located or where the child care staff member resided during the preceding five years:(A) State criminal registries or repositories;(B) State sex offender registries or repositories; and(C) State-based child abuse and neglect registries and databases.(d) Any individual shall be ineligible for employment by a child care provider if such individual:(i) Refuses to consent to the national criminal history record information check or a background check described in this subsection;(ii) Knowingly makes a materially false statement in connection with the national criminal history record information check or a background check described in this subsection;(iii) Is registered, or required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry; or(iv) Has been convicted of a crime of violence, a crime of moral turpitude, or a crime of dishonesty.(e) The department may adopt and promulgate rules and regulations for purposes of this section.(f) A child care provider shall be ineligible for a license under the Child Care Licensing Act and shall be ineligible to participate in the child care subsidy program if the provider employs a child care staff member who is ineligible for employment under subdivisions (d) or (e) of this subsection.(g) National criminal history record information and information from background checks described in this subsection subject to state or federal confidentiality requirements may only be used for purposes of granting a child care license or approving a child care provider for participation in the child care subsidy program.(h) For purposes of this subsection:(i) Child care provider means a child care program required to be licensed under the Child Care Licensing Act; and(ii) Child care staff member means an individual who is not related to all of the children for whom child care services are provided and:(A) Who is employed by a child care provider for compensation, including contract employees or self-employed individuals;(B) Whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider; or(C) Who is residing in a family child care home and who is eighteen years of age or older.Source  Laws 1984, LB 130,  5;  Laws 1985, LB 447,  38;  Laws 1987, LB 386,  5;  Laws 1988, LB 1013,  2;  Laws 1995, LB 401,  33;  Laws 1997, LB 310,  7;  Laws 2004, LB 1005,  73;  Laws 2014, LB1050,  3;  Laws 2019, LB460,  3;  Laws 2020, LB1185,  3.  
71-1913.01.  Immunization requirements; record; report.(1) Each program shall require the parent or guardian of each child enrolled in such program to present within thirty days after enrollment and periodically thereafter (a) proof that the child is protected by age-appropriate immunization against measles, mumps, rubella, poliomyelitis, diphtheria, pertussis, tetanus, haemophilus influenzae type B, and invasive pneumococcal disease and such other diseases as the department may from time to time specify based on then current medical and scientific knowledge, (b) certification by a physician, an advanced practice registered nurse practicing under and in accordance with his or her respective certification act, or a physician assistant that immunization is not appropriate for a stated medical reason, or (c) a written statement that the parent or guardian does not wish to have such child so immunized and the reasons therefor. The program shall exclude a child from attendance until such proof, certification, or written statement is provided. At the time the parent or guardian is notified that such information is required, he or she shall be notified in writing of his or her right to submit a certification or written statement pursuant to subdivision (b) or (c) of this subsection.(2) Each program shall keep the written record of immunization, the certification, or the written statement of the parent or guardian. Such record, certification, or statement shall be kept by the program as part of the child's file, shall be available onsite to the department, and shall be filed with the department for review and inspection. Each program shall report to the department by November 1 of each year the status of immunization for children enrolled as of September 30 of that year, and children who have reached kindergarten age and who are enrolled in public or private school need not be included in the report.Source  Laws 1987, LB 472,  2;  Laws 1992, LB 431,  6;  Laws 1995, LB 401,  35;  Laws 1996, LB 414,  49;  Laws 1996, LB 1044,  590;  Laws 1998, LB 1073,  103;  Laws 1999, LB 594,  54;  Laws 2000, LB 1115,  70;  Laws 2005, LB 256,  92;  Laws 2005, LB 301,  38;  Laws 2007, LB247,  50;  Laws 2007, LB296,  500. Cross References   Childhood Vaccine Act, see section 71-526.  School-age children, immunization requirements, see section 79-217 et seq. 
71-1913.02.  Immunization reports; audit; deficiencies; duties.(1) The department shall perform annually a random audit of the reports submitted under section 71-1913.01 to check for compliance with such section on an annual basis and such other audits and inspections as are necessary to prevent the introduction or spread of disease. Audit results shall be reported to the department.(2) If the department discovers noncompliance with section 71-1913.01, the department shall allow a noncomplying program thirty days to correct deficiencies.(3) The department shall develop and provide educational and other materials to programs and the public as may be necessary to implement section 71-1913.01.Source  Laws 1987, LB 472,  3;  Laws 1995, LB 401,  36;  Laws 1996, LB 1044,  591;  Laws 1997, LB 307,  178;  Laws 1998, LB 1073,  104;  Laws 1999, LB 594,  55;  Laws 2005, LB 301,  39;  Laws 2007, LB296,  501. 
71-1913.03.  Immunization; department; adopt rules and regulations.The department shall adopt and promulgate rules and regulations relating to the required levels of protection, using as a guide the recommendations of the American Academy of Pediatrics and the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, Public Health Service, and the methods, manner, and frequency of reporting of each child's immunization status. The department shall furnish each program with copies of such rules and regulations and any other material which will assist in carrying out section 71-1913.01.Source  Laws 1987, LB 472,  4;  Laws 1992, LB 431,  7;  Laws 1995, LB 401,  37;  Laws 1996, LB 1044,  592;  Laws 1998, LB 1073,  105;  Laws 2005, LB 301,  40;  Laws 2007, LB296,  502. 
71-1913.  Fire and health inspections.(1) The department may request the State Fire Marshal to inspect any program for fire safety pursuant to section 81-502. The State Fire Marshal shall immediately notify the department whenever he or she delegates authority for such inspections under such section.(2) The department may investigate all facilities and programs of licensed providers of child care programs as defined in section 71-1910 or applicants for licenses to provide such programs to determine if the place or places to be covered by such licenses meet standards of sanitation and physical well-being set by the department for the care and protection of the child or children who may be placed in such facilities and programs. The department may delegate this authority to qualified local environmental health personnel.(3) This section does not apply to school-age child care programs which are licensed pursuant to section 71-1917.Source  Laws 1984, LB 130,  6;   Laws 1991, LB 836,  31;  Laws 1995, LB 401,  34;  Laws 1996, LB 1044,  589;  Laws 1997, LB 307,  177;  Laws 1997, LB 622,  102;  Laws 1999, LB 594,  53;  Laws 2018, LB1034,  61.  
71-1914.01.  Unlicensed child care; investigation.When the department receives a complaint of allegedly improper unlicensed care, the department shall investigate the claim and shall go to the premises of the alleged unlicensed program to ascertain if child care is being provided there which must be licensed according to the Child Care Licensing Act. If unlicensed child care is occurring in violation of the act, the person providing the unlicensed care shall have thirty days to either become licensed or cease providing unlicensed child care. The department shall visit the program again after such thirty-day period. If the person has not initiated action to become licensed or ceased providing unlicensed child care, the department may involve law enforcement and may proceed under sections 71-1914.02 and 71-1914.03.Source  Laws 1997, LB 310,  8;  Laws 2004, LB 1005,  75.  
71-1914.02.  Unlicensed child care; restraining order or injunction; department; powers.The department may apply for a restraining order or a temporary or permanent injunction against any person violating the Child Care Licensing Act by providing unlicensed child care when a license is required. The district court of the county where the violation is occurring shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.Source  Laws 1997, LB 310,  9;  Laws 2004, LB 1005,  76.  
71-1914.03.  Unlicensed child care; violations; penalty; county attorney; duties.(1) Any person violating the Child Care Licensing Act by providing unlicensed child care when a license is required is guilty of a Class IV misdemeanor. Each day the violation continues shall be a separate offense.(2) The county attorney of the county in which any provision of unlicensed child care in violation of the act is occurring shall, when notified of such violation by the department or a law enforcement agency, cause appropriate proceedings under subsection (1) of this section to be instituted and pursued in a court of competent jurisdiction.Source  Laws 1997, LB 310,  10;  Laws 2004, LB 1005,  77.  
71-1914.  Department; serve as coordinating agency; local rules and regulations; report of violation.(1) The department shall be the state's coordinating agency for licensure and regulation of programs in this state in order to (a) provide efficient services pursuant to the Child Care Licensing Act, (b) avoid duplication of services, and (c) prevent an unnecessary number of inspections of any program. The department may request cooperation and assistance from local and state agencies and such agencies shall promptly respond. The extent of an agency's cooperation may be included in the report to the Legislature pursuant to section 43-3402.(2) A city, village, or county may adopt rules, regulations, or ordinances establishing physical well-being and safety standards for programs whether or not the persons providing such programs are subject to licensure under section 71-1911. Such rules, regulations, or ordinances shall be as stringent as or more stringent than the department's rules and regulations for licensees pursuant to the Child Care Licensing Act. The city, village, or county adopting such rules, regulations, or ordinances and the department shall coordinate the inspection and supervision of licensees to avoid duplication of inspections. A city, village, or county shall report any violation of such rules, regulations, or ordinances to the department. The city, village, or county may administer and enforce such rules, regulations, and ordinances. Enforcement of provisions of the Child Care Licensing Act or rules or regulations adopted and promulgated under the act shall be by the department pursuant to sections 71-1919 to 71-1923.Source  Laws 1984, LB 130,  7;  Laws 1995, LB 401,  38;  Laws 1997, LB 310,  11;  Laws 1997, LB 752,  178;  Laws 2001, LB 213,  1;  Laws 2004, LB 1005,  74;  Laws 2006, LB 994,  100;  Laws 2007, LB296,  503. 
71-1915.  Department; emergency powers; injunction.(1) Whenever the department finds that an emergency exists requiring immediate action to protect the physical well-being and safety of a child in a program, the department may, without notice or hearing, issue an order declaring the existence of such an emergency and requiring that such action be taken as the department deems necessary to meet the emergency. The order may include an immediate prohibition on the care of children by the licensee other than children of the licensee. An order under this subsection shall be effective immediately. Any person to whom the order is directed shall comply immediately, and upon application to the department, the person shall be afforded a hearing as soon as possible and not later than ten days after his or her application for the hearing. On the basis of such hearing the department shall continue to enforce such order or rescind or modify it.(2) The department may petition the appropriate district court for an injunction whenever there is the belief that any person is violating the Child Care Licensing Act, an order issued pursuant to the act, or any rule or regulation adopted and promulgated pursuant to the act. It shall be the duty of each county attorney or the Attorney General to whom the department reports a violation to cause appropriate proceedings to be instituted without delay to ensure compliance with the act, rules, regulations, and orders.Source  Laws 1984, LB 130,  8;  Laws 1987, LB 472,  5;  Laws 1988, LB 1013,  3;  Laws 1993, LB 510,  3;  Laws 1995, LB 401,  39;  Laws 1997, LB 310,  12;  Laws 1999, LB 594,  56;  Laws 2001, LB 213,  2;  Laws 2004, LB 1005,  78;  Laws 2007, LB296,  504. 
71-1916.  Department; administrative procedures.(1) The department shall adopt and promulgate such rules and regulations, consistent with the Child Care Licensing Act, as necessary for (a) the proper care and protection of children in programs regulated under the act, (b) the issuance and discipline of licenses, and (c) the proper administration of the act.(2) The department shall adopt and promulgate rules and regulations establishing standards for the physical well-being, safety, and protection of children in programs licensed under the Child Care Licensing Act. Such standards shall insure that the program is providing proper care for and treatment of the children served and that such care and treatment is consistent with the children's physical well-being, safety, and protection. Such standards shall not require the use of any specific instructional materials or affect the contents of any course of instruction which may be offered by a program. The rules and regulations shall contain provisions which encourage the involvement of parents in child care for their children and insure the availability, accessibility, and high quality of services for children.(3) The rules and regulations shall be adopted and promulgated pursuant to the Administrative Procedure Act, except that the department shall hold a public hearing in each geographic area of the state prior to the adoption, amendment, or repeal of any rule or regulation. The department shall review and provide recommendations to the Governor for updating such rules and regulations at least every five years.(4) The rules and regulations applicable to programs required to be licensed under the Child Care Licensing Act do not apply to any program operated or contracted by a public school district and subject to the rules and regulations of the State Department of Education as provided in section 79-1104.(5) Contested cases of the department under the Child Care Licensing Act shall be in accordance with the Administrative Procedure Act.Source  Laws 1984, LB 130,  9;  Laws 1988, LB 352,  124;  Laws 1995, LB 401,  40;  Laws 1997, LB 310,  13;  Laws 2001, LB 213,  3;  Laws 2004, LB 1005,  79;  Laws 2006, LB 994,  101.  Cross References  Administrative Procedure Act, see section 84-920.
71-1917.  School-age child care program; inspections; Department of Health and Human Services; duties.(1) For purposes of licensing a school-age child care program, a school-age child care program which operates in an accredited or approved school under the rules and regulations of the State Department of Education shall be deemed to meet the standards of the State Department of Education for the care and protection of children. The Department of Health and Human Services shall provide for inspections of school-age child care programs to determine compliance with this section. If a school-age child care program accepts reimbursement from a state or federal program, the Department of Health and Human Services shall also determine whether the school-age child care program complies with the requirements of the state or federal program for such reimbursement.(2) The Department of Health and Human Services may, in consultation with the State Department of Education, adopt and promulgate rules and regulations as necessary to implement this section.Source Laws 2018, LB1034,  62. 
71-1918.  Complaint tracking system.The department shall maintain a complaint tracking system for licensees under the Child Care Licensing Act.Source Laws 2004, LB 1005,  81. 
71-1919.  License denial; disciplinary action; grounds.The department may deny the issuance of or take disciplinary action against a license issued under the Child Care Licensing Act on any of the following grounds:(1) Failure to meet or violation of any of the requirements of the Child Care Licensing Act or the rules and regulations adopted and promulgated under the act;(2) Violation of an order of the department under the act;(3) Conviction of, or substantial evidence of committing or permitting, aiding, or abetting another to commit, any unlawful act, including, but not limited to, unlawful acts committed by an applicant or licensee under the act, household members who reside at the place where the program is provided, or employees of the applicant or licensee that involve:(a) Physical abuse of children or vulnerable adults as defined in section 28-371;(b) Endangerment or neglect of children or vulnerable adults;(c) Sexual abuse, sexual assault, or sexual misconduct;(d) Homicide;(e) Use, possession, manufacturing, or distribution of a controlled substance listed in section 28-405;(f) Property crimes, including, but not limited to, fraud, embezzlement, and theft by deception; and(g) Use of a weapon in the commission of an unlawful act;(4) Conduct or practices detrimental to the health or safety of a person served by or employed at the program;(5) Failure to allow an agent or employee of the department access to the program for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the department;(6) Failure to allow state or local inspectors, investigators, or law enforcement officers access to the program for the purposes of investigation necessary to carry out their duties;(7) Failure to meet requirements relating to sanitation, fire safety, and building codes;(8) Failure to comply with or violation of the Medication Aide Act;(9) Failure to file a report of suspected abuse or neglect as required by sections 28-372 and 28-711;(10) Violation of any city, village, or county rules, regulations, or ordinances regulating licensees;(11) Failure to pay fees required under the Child Care Licensing Act; or(12) Failure to comply with the Step Up to Quality Child Care Act.Source  Laws 2004, LB 1005,  82;  Laws 2007, LB296,  505;  Laws 2013, LB507,  16. Cross References   Medication Aide Act, see section 71-6718.  Step Up to Quality Child Care Act, see section 71-1952. Annotations The Legislature has authorized the Department of Health and Human Services to make various rules and regulations necessary for the care and protection of children. That authorization extends to making rules for childcare providers and facilities. Failure to abide by those rules may be cause for discipline against a licensee or the revocation of a license to operate. Marion's v. Nebraska Dept. of Health & Human Servs., 289 Neb. 982, 858 N.W.2d 178 (2015).
71-1920.  Disciplinary action; types; fines; disposition.(1) The department may impose any one or a combination of the following types of disciplinary action against a license issued under the Child Care Licensing Act:(a) Issue a probationary license;(b) Suspend or revoke a provisional, probationary, or operating license;(c) Impose a civil penalty of up to five dollars per child, based upon the number of children for which the program is authorized to provide child care on the effective date of the finding of violation, for each day the program is in violation;(d) Establish restrictions on new enrollment in the program;(e) Establish restrictions or other limitations on the number of children or the age of the children served in the program; or(f) Establish other restrictions or limitations on the type of service provided by the program.(2) A person who has had a license revoked for any cause other than nonpayment of fees shall not be eligible to reapply for a license for a period of two years.(3) Any fine imposed and unpaid under the Child Care Licensing 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 program is located. The department shall, within thirty days after receipt, remit fines to the State Treasurer for credit to the permanent school fund.Source Laws 2004, LB 1005,  83. 
71-1921.  Disciplinary action; considerations.(1) In determining what type of disciplinary action to impose, the department shall consider:(a) The gravity of the violation, including the probability that death or serious physical or mental harm will result, the severity of the actual or potential harm, and the extent to which the provisions of applicable statutes, rules, and regulations were violated;(b) The diligence exercised by the program in identifying or correcting the violation;(c) The degree of cooperation exhibited by the licensee in the identification, disclosure, and correction of the violation;(d) Any previous violations committed by the program; and(e) The financial benefit to the program of committing or continuing the violation.(2) If the licensee fails to correct a violation or to comply with a particular type of disciplinary action, the department may take additional disciplinary action as described in section 71-1920.Source Laws 2004, LB 1005,  84. 
71-1922.  Denial of license; disciplinary action; notice; final; when.(1) If the department determines to deny the issuance of or take disciplinary action against a license under the Child Care Licensing Act, the department shall send to the applicant or licensee, by certified mail to the address of the applicant or licensee, a notice setting forth the determination, the particular reasons for the determination, including a specific description of the nature of the violation and the statute, rule, regulation, or order violated, and the type of disciplinary action which is pending. A copy of the notice shall also be mailed to the person in charge of the program if the licensee is not actually involved in the daily operation of the program. If the licensee is a corporation, a copy of the notice shall be sent to the corporation's registered agent.(2) The denial or disciplinary action shall become final fifteen days after the mailing of the notice unless the applicant or licensee, within such fifteen-day period, makes a written request for a hearing. The license shall continue in effect until the final order of the department if a hearing is requested. If the department does not receive such request within such fifteen-day period, the action of the department shall be final.Source  Laws 2004, LB 1005,  85;  Laws 2007, LB296,  506. 
71-1923.  Voluntary surrender of license.A licensee may voluntarily surrender the license issued under the Child Care Licensing Act at any time, except that the department may refuse to accept a voluntary surrender of a license if the licensee is under investigation or if the department has initiated disciplinary action against the licensee.Source Laws 2004, LB 1005,  86. 
71-1924.  Children's Residential Facilities and Placing Licensure Act; act, how cited.Sections 71-1924 to 71-1951 shall be known and may be cited as the Children's Residential Facilities and Placing Licensure Act.Source  Laws 2013, LB265,  1;  Laws 2019, LB460,  4.  
71-1925.  Purpose of act.The purpose of the Children's Residential Facilities and Placing Licensure Act is to protect the public health and the health, safety, and welfare of children who reside in or who are placed in settings other than the home of their parent or legal guardian by providing for the licensing of residential child-caring agencies and child-placing agencies in the State of Nebraska. The act provides for the development, establishment, and enforcement of basic standards for residential child-caring agencies and child-placing agencies.Source Laws 2013, LB265,  2.
71-1926.  Terms, defined.For purposes of the Children's Residential Facilities and Placing Licensure Act:(1) Care means the provision of room and board and the exercise of concern and responsibility for the safety and welfare of children on a twenty-four-hour-per-day basis in settings that serve as the out-of-home placement for children;(2) Child means a minor less than nineteen years of age;(3) Child-placing agency means any person other than the parent or legal guardian of a child that receives the child for placement and places or arranges for the placement of a child in a foster family home, adoptive home, residential child-caring agency, or independent living;(4) Department means the Division of Public Health of the Department of Health and Human Services;(5) Director means the Director of Public Health of the Division of Public Health;(6) Person includes bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations; and(7) Residential child-caring agency means a person that provides care for four or more children and that is not a foster family home as defined in section 71-1901.Source Laws 2013, LB265,  3.Cross References  Room confinement, documentation and reports required, see sections 83-4,125 and 83-4,134.01.
71-1927.  Residential child-caring agency or child-placing agency; license required; current license holders; how treated.(1) Except as provided in subsection (2) of this section, a residential child-caring agency or child-placing agency shall not be established, operated, or maintained in this state without first obtaining a license issued by the department under the Children's Residential Facilities and Placing Licensure Act. No person shall hold itself out as a residential child-caring agency or child-placing agency or as providing such services unless licensed under the act. The department shall issue a license to a residential child-caring agency or a child-placing agency that satisfies the requirements for licensing under the act.(2) A group home, child-caring agency, or child-placing agency licensed under sections 71-1901 to 71-1906.01 on May 26, 2013, shall be deemed licensed under the Children's Residential Facilities and Placing Licensure Act until the license under such sections expires, and renewal shall be under the act.(3) For purposes of requiring licensure, a residential child-caring agency or child-placing agency does not include an individual licensed as a foster family home under sections 71-1901 to 71-1906.01, a person licensed under the Health Care Facility Licensure Act, a person operating a juvenile detention facility as defined in section 83-4,125, a staff secure youth confinement facility operated by a county, or a person providing only casual care for children at irregular intervals. Such persons may voluntarily apply for a license.Source Laws 2013, LB265,  4.Cross References  Health Care Facility Licensure Act, see section 71-401.
71-1928.01.  National criminal history record information check; procedure; cost; background checks.(1) Any individual eighteen years of age or older working in a residential child-caring agency shall be required to undergo a national criminal history record information check not less than once during each five-year period that he or she is working in such an agency. The individual shall submit a complete set of his or her fingerprints to the Nebraska State Patrol. The Nebraska State Patrol shall transmit a copy of the individual's fingerprints to the Federal Bureau of Investigation for a national criminal history record information check. The national criminal history record information check shall include information concerning the individual from federal repositories of such information and repositories of such information in other states, if authorized by federal law for use by the Nebraska State Patrol. The Nebraska State Patrol shall issue a report to the department that includes the information collected from the national criminal history record information check concerning the individual. The department shall seek federal funds, if available, to assist residential child-caring agencies and individuals working in a residential child-caring agency with the costs of the fingerprinting and national criminal history record information check. If the department does not receive sufficient federal funds to assist residential child-caring agencies and individuals working in a residential child-caring agency with such costs, then the individual being screened or the residential child-caring agency shall pay the actual cost of the fingerprinting and national criminal history record information check, except that the department may pay all or part of the cost if funding becomes available. The department and the Nebraska State Patrol may adopt and promulgate rules and regulations concerning the costs associated with the fingerprinting and the national criminal history record information check. The department may adopt and promulgate rules and regulations implementing national criminal history record information check requirements for residential child-caring agencies.(2) An individual eighteen years of age or older working in a residential child-caring agency shall also submit to the following background checks not less than once during each five-year period: A search of the following registries, repositories, or databases in the state where the individual resides and each state where the individual resided during the preceding five years:(a) State criminal registries or repositories;(b) State sex offender registries or repositories; and(c) State-based child abuse and neglect registries and databases.Source  Laws 2019, LB460,  5;  Laws 2020, LB1185,  5.  
71-1928.  Applicant for license or renewal; application; requirements; contents.(1) An applicant for an initial or renewal license to operate a residential child-caring agency or a child-placing agency shall file a written application with the department. To be licensed as a child-placing agency, an applicant must be a corporation, nonprofit corporation, or limited liability company. The application shall be accompanied by the applicable fees under section 71-1929 and shall set forth the full name and address of the agency to be licensed, the full name and address of the owner of the agency, the names of all persons in control of the agency, and additional information as required by the department, including sufficient affirmative evidence of the applicant's ability to comply with rules and regulations adopted and promulgated under the Children's Residential Facilities and Placing Licensure Act and evidence of adequate liability insurance or, if self-insured, of sufficient funds to pay liability claims. The application shall include the applicant's social security number if the applicant is an individual. The social security number shall not be public record and may only be used for administrative purposes.(2) The application shall be signed by:(a) The owner, if the applicant for licensure as a residential child-caring agency is an individual or partnership;(b) Two of its members, if the applicant for licensure as a residential child-caring agency or as a child-placing agency is a limited liability company;(c) Two of its officers who have the authority to bind the corporation to the terms of the application, if the applicant for licensure as a residential child-caring agency or as a child-placing agency is a corporation or a nonprofit corporation; or(d) The head of the governmental unit having jurisdiction over the residential child-caring agency or child-placing agency to be licensed, if the applicant is a governmental unit.Source Laws 2013, LB265,  5.
71-1929.  Fees.Fees applicable to an applicant for an initial or renewal license under the Children's Residential Facilities and Placing Licensure Act include:(1) A nonrefundable license fee of twenty-five dollars;(2) A nonrefundable renewal license fee of twenty-five dollars;(3) A reinstatement fee of twenty-five dollars if the license has lapsed or has been suspended or revoked; and(4) A duplicate original license fee of ten dollars when a duplicate is requested.Source Laws 2013, LB265,  6.
71-193.01.  Transferred to section 38-1149.
71-193.02.  Transferred to section 38-1150.
71-193.03.  Transferred to section 38-1151.
71-193.04.  Transferred to section 38-1118.
71-193.13.  Transferred to section 38-1135.
71-193.14.  Transferred to section 38-1136.
71-193.15.  Transferred to section 38-1130.
71-193.17.  Transferred to section 38-1131.
71-193.18.  Transferred to section 38-1132.
71-193.19.  Transferred to section 38-1133.
71-193.20.  Transferred to section 38-1134.
71-193.23.  Transferred to section 38-1137.
71-193.25.  Transferred to section 38-1138.
71-193.26.  Transferred to section 38-1139.
71-193.27.  Transferred to section 38-1140.
71-193.28.  Transferred to section 38-1142.
71-193.29.  Transferred to section 38-1141.
71-193.30.  Transferred to section 38-1144.
71-193.31.  Transferred to section 38-1145.
71-193.32.  Transferred to section 38-1146.
71-193.33.  Transferred to section 38-1143.
71-193.34.  Transferred to section 38-1147.
71-193.35.  Transferred to section 38-1148.
71-1930.  Licenses; expiration date; not transferable or assignable; public inspection and display.(1) Except as otherwise provided in the Children's Residential Facilities and Placing Licensure Act:(a) Licenses issued under the act shall expire on uniform annual dates established by the department specified in rules and regulations; and(b) Licenses shall be issued only for the premises and individuals named in the application and shall not be transferable or assignable.(2) Licenses, license record information, and inspection reports shall be made available by the licensee for public inspection upon request and may be displayed in a conspicuous place on the licensed premises.Source Laws 2013, LB265,  7.
71-1931.  Separate license required; duties of licensee.(1) An applicant for licensure under the Children's Residential Facilities and Placing Licensure Act shall obtain a separate license for each type of residential child-caring agency or child-placing agency that the applicant seeks to operate. A single license may be issued for a residential child-caring agency operating in separate buildings or structures on the same premises under one management.(2) An applicant for licensure shall obtain a separate license for each type of placement service the applicant seeks to provide. When a child-placing agency has more than one office location, the child-placing agency shall inform the department of each office location and the services provided at each location. A single license may be issued for multiple offices, or the applicant may apply for individual licenses for each office location.Source Laws 2013, LB265,  8.
71-1932.  Provisional license; period valid; conversion to regular license.A provisional license may be issued to an applicant for an initial residential child-caring agency or child-placing agency that substantially complies with requirements for licensure under the Children's Residential Facilities and Placing Licensure Act and the rules and regulations adopted and promulgated under the act if the failure to fully comply with such requirements does not pose a danger to the children residing in or served by the residential child-caring agency or child-placing agency. Such provisional license shall be valid for a period of up to one year, shall not be renewed, and may be converted to a regular license upon a showing that the agency fully complies with the requirements for licensure under the act and rules and regulations.Source Laws 2013, LB265,  9.
71-1933.  Inspection by department; inspection report.The department may inspect or provide for the inspection of residential child-caring agencies or child-placing agencies licensed under the Children's Residential Facilities and Placing Licensure Act in such manner and at such times as provided in rules and regulations adopted and promulgated by the department. The department shall issue an inspection report and provide a copy of the report to the agency within ten working days after the completion of an inspection.Source Laws 2013, LB265,  10.
71-1934.  State Fire Marshal; inspection; fee; delegation of authority; department; investigations authorized; delegation of authority.(1) The department may request the State Fire Marshal to inspect any residential child-caring agency for fire safety under section 81-502. The State Fire Marshal shall assess a fee for such inspection under section 81-505.01 payable by the applicant or licensee. The State Fire Marshal may delegate the authority to make such inspections to qualified local fire prevention personnel under section 81-502.(2) The department may investigate any residential child-caring agency to determine if the place or places to be covered by the license meet standards of sanitation and physical well-being set by the department for the care and protection of the children who may be placed with the residential child-caring agency. The department may delegate this authority to qualified local environmental health personnel.Source Laws 2013, LB265,  11.
71-1935.  Inspection report; findings of noncompliance; department; proceedings; letter requesting statement of compliance; contents; failure to correct; additional proceedings.If the inspection report issued under section 71-1933 contains findings of noncompliance by a licensed residential child-caring agency or child-placing agency with any applicable provisions of the Children's Residential Facilities and Placing Licensure Act or rules and regulations adopted and promulgated under the act, the department shall review such findings within twenty working days after such inspection. If the findings are supported by the evidence, the department shall proceed under sections 71-1939 to 71-1946, except that if the findings indicate one or more violations that create no imminent danger of death or serious physical harm and no direct or immediate adverse relationship to the health, safety, or welfare of the children residing in or served by the residential child-caring agency or child-placing agency, the department may send a letter to the agency requesting a statement of compliance. The letter shall include a description of each violation, a request that the residential child-caring agency or child-placing agency submit a statement of compliance within ten working days, and a notice that the department may take further steps if the statement of compliance is not submitted. The statement of compliance shall indicate any steps which have been or will be taken to correct each violation and the period of time estimated to be necessary to correct each violation. If the residential child-caring agency or child-placing agency fails to submit and implement a statement of compliance which indicates a good faith effort to correct the violations, the department may proceed under sections 71-1939 to 71-1946.Source Laws 2013, LB265,  12.
71-1936.  Alleged violation of act; complaint; investigation; department; duties; confidentiality; immunity; report.(1) Any person may submit a complaint to the department and request investigation of an alleged violation of the Children's Residential Facilities and Placing Licensure Act or rules and regulations adopted and promulgated under the act. The department shall review all complaints, including complaints of such violations received pursuant to section 28-711, and determine whether to conduct an investigation within five working days after receiving the complaint. In making such determination, the department may consider factors such as:(a) Whether the complaint pertains to a matter within the authority of the department to enforce;(b) Whether the circumstances indicate that a complaint is made in good faith;(c) Whether the complaint is timely or has been delayed too long to justify present evaluation of its merit;(d) Whether the complainant may be a necessary witness if action is taken and is willing to identify himself or herself and come forward to testify if action is taken; or(e) Whether the information provided or within the knowledge of the complainant is sufficient to provide a reasonable basis to believe that a violation has occurred or to secure necessary evidence from other sources.(2) A complaint submitted to the department shall be confidential. An individual submitting a complaint shall be immune from criminal or civil liability of any nature, whether direct or derivative, for submitting a complaint or for disclosure of documents, records, or other information to the department.(3) If an investigation is conducted under this section, an investigation report shall be issued within sixty days after the determination is made to conduct the investigation, except that the final investigation report may be issued within ninety days after such determination if an interim report is issued within sixty days after such determination.Source  Laws 2013, LB265,  13;  Laws 2019, LB59,  1.  
71-1937.  Licensee; discrimination or retaliation prohibited; cause of action for relief.Licensees shall not discriminate or retaliate against an individual or the family of an individual residing in, served by, or employed at the residential child-caring agency or child-placing agency who has initiated or participated in any proceeding authorized by the Children's Residential Facilities and Placing Licensure Act or who has presented a complaint or provided information to the administrator of the residential child-caring agency or child-placing agency or the department. Such individual may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.Source Laws 2013, LB265,  14.
71-1938.  Emergency; department; powers; order; contents; hearing; order; petition for injunction; other enforcement measures.(1) Whenever the department finds that an emergency exists requiring immediate action to protect the health, safety, or welfare of a child in a residential child-caring agency or child-placing agency, the department may, without notice or hearing, issue an order declaring the existence of such an emergency and requiring that such action be taken as the department deems necessary to meet the emergency. The order may include an immediate prohibition on the care or placement of children by the licensee. An order under this subsection shall be effective immediately. Any person to whom the order is directed shall comply immediately, and upon application to the department, the person shall be afforded a hearing as soon as possible and not later than ten days after his or her application for the hearing. On the basis of such hearing, the department shall continue to enforce such order or rescind or modify it.(2) A copy of the order shall also be mailed to the holder of the license if the holder is not actually involved in the daily operation of the residential child-caring agency or child-placing agency. If the holder of the license is a corporation, a copy of the order shall be sent to the corporation's registered agent.(3) The department may petition the appropriate district court for an injunction whenever there is the belief that any person is violating the Children's Residential Facilities and Placing Licensure Act, an order issued under the act, or any rule or regulation adopted and promulgated under the act. It shall be the duty of each county attorney or the Attorney General to whom the department reports a violation to cause appropriate proceedings to be instituted without delay to ensure compliance with the act, rules, regulations, and orders. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, operate, or maintain a residential child-caring agency or a child-placing agency without obtaining a license to do so, without alleging any further or more particular facts concerning the charge.Source Laws 2013, LB265,  15.
71-1939.  Department; deny or refuse renewal of license; grounds.The department may deny or refuse to renew a license under the Children's Residential Facilities and Placing Licensure Act to any residential child-caring agency or child-placing agency that fails to meet the requirements for licensure provided in the act or in rules and regulations adopted and promulgated under the act, including:(1) Failing an inspection under section 71-1933;(2) Having had a license revoked within the two-year period preceding application; or(3) Any of the grounds listed in section 71-1940.Source Laws 2013, LB265,  16.
71-194.  Transferred to section 71-1301.
71-1940.  Deny, refuse renewal, or take disciplinary action against license; grounds.The department may deny, refuse to renew, or take disciplinary action against a license issued under the Children's Residential Facilities and Placing Licensure Act on any of the following grounds:(1) Failure to meet or violation of any of the requirements of the act or the rules and regulations adopted and promulgated under the act;(2) Violation of an order of the department under the act;(3) Conviction, admission, or substantial evidence of committing or permitting, aiding, or abetting another to commit any unlawful act, including, but not limited to, unlawful acts committed by an applicant or licensee under the act, household members who reside at the place where children's residential care or child-placing services are provided, or employees of the applicant or licensee that involve:(a) Physical abuse of children or vulnerable adults as defined in section 28-371;(b) Endangerment or neglect of children or vulnerable adults;(c) Sexual abuse, sexual assault, or sexual misconduct;(d) Homicide;(e) Use, possession, manufacturing, or distribution of a controlled substance listed in section 28-405;(f) Property crimes, including, but not limited to, fraud, embezzlement, and theft by deception; or(g) Use of a weapon in the commission of an unlawful act;(4) Conduct or practices detrimental to the health, safety, or welfare of any individual residing in, served by, or employed at the residential child-caring agency or child-placing agency;(5) Failure to allow an agent or employee of the department access to the residential child-caring agency or child-placing agency for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the department;(6) Failure to allow local or state inspectors, investigators, or law enforcement officers access to the residential child-caring agency or child-placing agency for the purposes of investigation necessary to carry out their duties;(7) Failure to meet requirements relating to sanitation, fire safety, and building codes;(8) Failure to comply with or violation of the Medication Aide Act;(9) Failure to file a report of suspected abuse or neglect as required by sections 28-372 and 28-711;(10) Violation of any city, village, or county rules, regulations, resolutions, or ordinances regulating licensees;(11) A history of misconduct or violations by an applicant or licensee involving children or vulnerable adults;(12) Violation of the requirements of section 83-4,134.01; or(13) Violation of any federal, state, or local law involving care of children.Source  Laws 2013, LB265,  17;  Laws 2018, LB670,  15.  Cross References  Medication Aide Act, see section 71-6718.
71-1941.  License; department; impose disciplinary actions; fine; how treated; recovery.(1) The department may impose any one or a combination of the following types of disciplinary actions against the license of a residential child-caring agency or child-placing agency:(a) A fine not to exceed ten thousand dollars per violation;(b) A period of probation not to exceed two years, during which time the residential child-caring agency or child-placing agency may continue to operate under terms and conditions fixed by the order of probation;(c) Restrictions on new admissions to a residential child-caring agency or acceptance of new referrals by a child-placing agency;(d) Restrictions or other limitations on the number, gender, or age of children served by the residential child-caring agency or child-placing agency;(e) Other restrictions or limitations on the type of service provided by the residential child-caring agency or child-placing agency;(f) Suspension of the license for a period not to exceed three years, during which time the licensee shall not operate a residential child-caring agency or child-placing agency; or(g) Revocation of the license. A former licensee whose license has been revoked shall not apply for a license for a minimum of two years after the date of revocation.(2) Any fine imposed and unpaid under the Children's Residential Facilities and Placing Licensure 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 residential child-caring agency or child-placing agency is located. The department shall, within thirty days after receipt, remit fines to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.Source Laws 2013, LB265,  18.
71-1942.  Disciplinary action; department; considerations.In determining what type of disciplinary action to impose, the department may consider:(1) The gravity of the violation, including the probability that death or serious physical or mental harm will result, the severity of the actual or potential harm, and the extent to which the provisions of applicable statutes, rules, and regulations were violated;(2) The reasonableness of the diligence exercised by the licensee in identifying or correcting the violation;(3) The degree of cooperation exhibited by the licensee in the identification, disclosure, and correction of the violation;(4) Any previous violations committed by the licensee; and(5) The financial benefit to the licensee of committing or continuing the violation.Source Laws 2013, LB265,  19.
71-1943.  Deny, refuse renewal of, or take disciplinary action against license; department; notice; contents; hearing.(1) Except as provided in section 71-1938, if the department determines to deny, refuse renewal of, or take disciplinary action against a license, the department shall send to the applicant or licensee, by certified mail to the last-known address shown on the records of the department, a notice setting forth the determination, the particular reasons for the determination, including a specific description of the nature of the violation and the statute, rule, or regulation violated, and the type of disciplinary action which is pending. The denial, refusal to renew, or disciplinary action shall become final fifteen days after the mailing of the notice unless the applicant or licensee, within such fifteen-day period, makes a written request for a hearing under section 71-1944.(2) A copy of the notice in subsection (1) of this section shall also be mailed to the holder of the license if the holder is not actually involved in the daily operation of the residential child-caring agency or child-placing agency. If the holder of the license is a corporation, a copy of the notice shall be sent to the corporation's registered agent.Source Laws 2013, LB265,  20.
71-1944.  Applicant or licensee; notification to department; failure to notify department; effect.(1) Within fifteen days after the mailing of a notice under section 71-1943, an applicant or licensee shall notify the department in writing that the applicant or licensee:(a) Desires to contest the notice and requests a hearing; or(b) Does not contest the notice.(2) If the department does not receive notification within the fifteen-day period, the action of the department shall be final.Source Laws 2013, LB265,  21.
71-1945.  Applicant or licensee; hearing; procedure; director; decision; contents.(1) If the applicant or licensee requests a hearing under section 71-1944, the department shall hold a hearing and give the applicant or licensee the right to present such evidence as may be proper. On the basis of such evidence, the director shall affirm, modify, or set aside the determination. A copy of such decision setting forth the findings of facts and the particular reasons upon which the decision is based shall be sent by either registered or certified mail to the applicant or licensee.(2) The procedure governing hearings authorized by this section shall be in accordance with rules and regulations adopted and promulgated by the department. A full and complete record shall be kept of all proceedings. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule and regulation.Source Laws 2013, LB265,  22.
71-1946.  Decision of department; appeal; procedure.Any party to a decision of the department under the Children's Residential Facilities and Placing Licensure Act may appeal such decision. The appeal shall be in accordance with the Administrative Procedure Act.Source Laws 2013, LB265,  23.Cross References  Administrative Procedure Act, see section 84-920.
71-1947.  Lapsed license; reinstatement; suspension; probation; reinstatement; procedure; hearing; revoked license; revocation period.(1) A license issued under the Children's Residential Facilities and Placing Licensure Act that has lapsed for nonpayment of fees is eligible for reinstatement at any time by applying to the department and paying the fees as provided in section 71-1929.(2) A license that has been disciplined by being placed on suspension is eligible for reinstatement at the end of the period of suspension upon successful completion of an inspection and payment of the fees as provided in section 71-1929.(3) A license that has been disciplined by being placed on probation is eligible for reinstatement at the end of the period of probation upon successful completion of an inspection if the department determines an inspection is warranted.(4) A license that has been disciplined by being placed on probation or suspension may be reinstated prior to the completion of the term of such probation or suspension as provided in this subsection. Upon petition from a licensee and after consideration of materials submitted with such petition, the director may order an inspection or other investigation of the licensee. On the basis of material submitted by the licensee and the results of any inspection or investigation by the department, the director shall determine whether to grant full reinstatement of the license, to modify the probation or suspension, or to deny the petition for reinstatement. The director's decision shall become final fifteen days after mailing the decision to the licensee unless the licensee requests a hearing within such fifteen-day period. Any requested hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases. Any party to the decision shall have a right to judicial review under the Administrative Procedure Act.(5) A license that has been disciplined by being revoked is not eligible for relicensure until two years after the date of such revocation. An application for an initial license may be made at the end of such two-year period.Source Laws 2013, LB265,  24.Cross References  Administrative Procedure Act, see section 84-920.
71-1948.  Voluntary surrender of license.A licensee may voluntarily surrender a license issued under the Children's Residential Facilities and Placing Licensure Act at any time, except that the department may refuse to accept a voluntary surrender of a license if the licensee is under investigation or if the department has initiated disciplinary action against the licensee.Source Laws 2013, LB265,  25.
71-1949.  Rules and regulations; contested cases; procedure.(1) To protect the health, safety, and welfare of the public and to insure to the greatest extent possible the efficient, adequate, and safe care of children, the department may adopt and promulgate rules and regulations consistent with the Children's Residential Facilities and Placing Licensure Act as necessary for:(a) The proper care and protection of children in residential child-caring agencies and child-placing agencies regulated under the act;(b) The issuance, discipline, and reinstatement of licenses; and(c) The proper administration of the act.(2) Such rules and regulations shall establish standards for levels of care and services which may include, but are not limited to, supervision and structured activities designed to address the social, emotional, educational, rehabilitative, medical, and physical needs of children residing in or being placed by a residential child-caring agency or child-placing agency and may include the use of community resources to meet the needs of children and qualifications of staff.(3) Contested cases of the department under the act shall be in accordance with the Administrative Procedure Act.Source Laws 2013, LB265,  26.Cross References  Administrative Procedure Act, see section 84-920.
71-195.  Transferred to section 71-1302.
71-1950.  Violations; penalty.Any person who establishes, operates, or maintains a residential child-caring agency or child-placing agency subject to the Children's Residential Facilities and Placing Licensure Act without first obtaining a license as required under the act or who violates any of the provisions of the act shall be guilty of a Class I misdemeanor. Each day such person operates after a first conviction shall be considered a subsequent offense.Source Laws 2013, LB265,  27.
71-1951.  Existing rules and regulations, licenses, and proceedings; how treated.(1) All rules and regulations adopted and promulgated prior to May 26, 2013, under sections 71-1901 to 71-1906.01 or other statutes amended by Laws 2013, LB265, may continue to be effective under the Children's Residential Facilities and Placing Licensure Act to the extent not in conflict with the act.(2) All licenses issued prior to May 26, 2013, in accordance with sections 71-1901 to 71-1906.01 or other statutes amended by Laws 2013, LB265, shall remain valid as issued for purposes of the Children's Residential Facilities and Placing Licensure Act unless revoked or otherwise terminated by law.(3) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to May 26, 2013, under sections 71-1901 to 71-1906.01 or other statutes amended by Laws 2013, LB265, shall be subject to the provisions of sections 71-1901 to 71-1906.01 or such other statutes as they existed prior to May 26, 2013.Source Laws 2013, LB265,  28.
71-1952.  Step Up to Quality Child Care Act; act, how cited.Sections 71-1952 to 71-1964 shall be known and may be cited as the Step Up to Quality Child Care Act.Source Laws 2013, LB507,  1.
71-1953.  Purposes of act.The purposes of the Step Up to Quality Child Care Act are to (1) provide accountability for public funds invested in child care and early childhood education programs, (2) provide a path to higher quality for child care and early childhood education programs, (3) provide parents a tool by which to evaluate the quality of child care and early childhood education programs, and (4) improve child development and school readiness outcomes.Source Laws 2013, LB507,  2.
71-1954.  Terms, defined.For purposes of the Step Up to Quality Child Care Act:(1) Applicable child care and early childhood education programs include:(a) Child care programs licensed under the Child Care Licensing Act which serve children from birth to kindergarten-entrance age;(b) Prekindergarten services and prekindergarten programs established pursuant to section 79-1104; and(c) The federal Head Start programs, 42 U.S.C. 9831 et seq., and Early Head Start programs, 42 U.S.C. 9840a; and(2) Fiscal year means the fiscal year of the State of Nebraska.Source Laws 2013, LB507,  3.Cross References  Child Care Licensing Act, see section 71-1908.
71-1955.  Quality rating and improvement system; State Department of Education; Department of Health and Human Services; duties.The State Department of Education and the Department of Health and Human Services shall collaborate (1) to develop, implement, and provide oversight for a quality rating and improvement system for participating applicable child care and early childhood education programs, (2) to establish quality rating criteria for the system as provided in sections 71-1956 and 71-1958, (3) to use the quality rating criteria to assign quality scale ratings to participating applicable child care and early childhood education programs as provided in sections 71-1956 and 71-1958, and (4) to provide incentives and support, including professional development, training, and postsecondary education opportunities, to participating applicable child care and early childhood education programs as provided in section 71-1961.Source Laws 2013, LB507,  4.
71-1956.  Child care and early childhood education program; rating; quality rating criteria.(1) Each applicable child care and early childhood education program which applies under section 71-1957 to participate in the quality rating and improvement system developed pursuant to section 71-1955 shall be rated on a quality scale using ratings labeled steps one through five and based on quality rating criteria.(2) Quality rating criteria shall be used to assign a quality scale rating as appropriate for the specific step. The criteria shall include, but not be limited to:(a) Licensing requirements as specified in the Child Care Licensing Act;(b) Facility safety and management;(c) Child development and school readiness outcomes;(d) Program curriculum, learning environment, and adult-child interactions;(e) Professional development and training;(f) Family engagement;(g) Program administration;(h) Standards used by nationally recognized accrediting bodies approved by the State Department of Education; and(i) Other standards as required by the State Department of Education for prekindergarten services and prekindergarten programs established pursuant to section 79-1104 and federal performance standards for Head Start and Early Head Start programs.Source Laws 2013, LB507,  5.Cross References  Child Care Licensing Act, see section 71-1908.
71-1957.  Participation in quality rating and improvement system.Application to participate in the quality rating and improvement system shall be voluntary for applicable child care and early childhood education programs with the following exceptions:(1) Beginning July 1, 2014, and not later than December 31, 2014, each applicable child care or early childhood education program that received over five hundred thousand dollars in child care assistance pursuant to section 68-1202 for FY2011-12 shall apply to participate in the quality rating and improvement system and shall be assigned a quality scale rating as provided in sections 71-1956 and 71-1958;(2) Beginning July 1, 2015, and not later than December 31, 2015, each applicable child care or early childhood education program that received over two hundred fifty thousand dollars in child care assistance pursuant to section 68-1202 for FY2011-12 shall apply to participate in the quality rating and improvement system and shall be assigned a quality scale rating as provided in sections 71-1956 and 71-1958; and(3) Beginning July 1, 2016, each applicable child care or early childhood education program that received over two hundred fifty thousand dollars in child care assistance pursuant to section 68-1202 in the preceding fiscal year shall, not later than December 31 of the applicable year or six months after actual receipt of such assistance, whichever is later, apply to participate in the quality rating and improvement system and shall be assigned a quality scale rating as provided in sections 71-1956 and 71-1958.Source Laws 2013, LB507,  6.
71-1958.  Quality scale rating; application; assignment of rating.(1) Quality rating criteria shall be used as provided in this section to assign a quality scale rating to each applicable child care or early childhood education program if the program applies under section 71-1957 to participate in the quality rating and improvement system developed pursuant to section 71-1955.(2) Licensure under the Child Care Licensing Act for a program which serves children from birth to kindergarten-entrance age shall be sufficient criteria to be rated at step one.(3) Meeting criteria established by the State Department of Education for a prekindergarten service or prekindergarten program established pursuant to section 79-1104 and reporting to the Nebraska Early Childhood Professional Record System created under section 71-1962 shall be sufficient criteria to be rated at step three.(4) Meeting performance standards required by the federal government for a federal Head Start program or Early Head Start program and reporting to the Nebraska Early Childhood Professional Record System created under section 71-1962 shall be sufficient criteria to be rated at step three.(5) Accreditation by a nationally recognized accrediting body approved by the State Department of Education and reporting to the Nebraska Early Childhood Professional Record System created under section 71-1962 shall be sufficient criteria to be rated at step three.(6) A participating applicable child care or early childhood education program operating under a provisional license shall have a quality scale rating at step one even if it meets other quality rating criteria. A participating applicable child care or early childhood education program in good standing operating under a provisional license due to a change in license type may be rated above step one. If a participating applicable child care or early childhood education program is at a quality scale rating higher than step one and the program's license is placed on disciplinary limitation, probation, or suspension, such program shall have its quality scale rating changed to step one. If an applicable child care or early childhood education program's license is revoked, the program is not eligible to participate in or receive a quality scale rating under the quality rating and improvement system until the program has an operating license which is in full force and effect.Source  Laws 2013, LB507,  7;  Laws 2016, LB1066,  1;  Laws 2021, LB351,  1.  Cross References  Child Care Licensing Act, see section 71-1908.
71-1959.  Quality scale rating review; reevaluation.(1) An applicable child care or early childhood education program participating in the quality rating and improvement system developed pursuant to section 71-1955 may apply no more than once each fiscal year to have its quality scale rating reviewed.(2) A participant shall meet all of the quality rating criteria for a step-two rating prior to applying for a step-three, step-four, or step-five rating. To meet quality rating criteria for a step-three, step-four, or step-five rating, a participant shall be independently evaluated based upon the quality rating criteria.(3) A participant with a quality scale rating at step two through step four shall be reevaluated at least once every two fiscal years but no more than once in any fiscal year, including any review pursuant to subsection (1) of this section. A participant with a quality scale rating at step five shall be reevaluated at least once every five years but no more than once in any fiscal year. If a participant has achieved accreditation and is being reevaluated by a nationally recognized accrediting body approved by the State Department of Education, the state shall make reasonable efforts to conduct its reevaluation in the same fiscal year that the accrediting body is reevaluating the program.Source Laws 2013, LB507,  8.
71-196.  Transferred to section 71-1303.
71-1960.  License under Child Care Licensing Act; denial of license or disciplinary act authorized.The Department of Health and Human Services may deny the issuance of or take disciplinary action against a license issued under the Child Care Licensing Act to a participating applicable child care or early childhood education program for failure to comply with the Step Up to Quality Child Care Act.Source Laws 2013, LB507,  9.Cross References  Child Care Licensing Act, see section 71-1908.
71-1961.  Quality rating and improvement system incentives and support.Quality rating and improvement system incentives and support under the Step Up to Quality Child Care Act shall include, but not be limited to:(1) Tiered child care subsidy reimbursements as provided in section 68-1206 based upon quality scale ratings of step three or higher that reflect the cost of higher quality programs and promote affordability of high-quality child care and early childhood education programs for all families;(2) Incentive bonuses given to providers of child care and early childhood education programs upon completion of specific requirements of step two ratings or higher to improve quality based upon the quality rating criteria established pursuant to sections 71-1956 and 71-1958;(3) Professional development, training, and scholarships developed in collaboration with community-based organizations, postsecondary education representatives, and other stakeholders;(4) Support that expands family engagement in and understanding of high-quality early childhood education in ways that are inclusive and respectful of diversity of families and children with special needs; and(5) Other incentives as necessary to carry out the Step Up to Quality Child Care Act.Source Laws 2013, LB507,  10.
71-1962.  Nebraska Early Childhood Professional Record System; creation and operation; State Department of Education; duties; develop classification system for eligible staff members; use.(1) Not later than March 1, 2014, the State Department of Education shall create and operate the Nebraska Early Childhood Professional Record System. The system shall be designed in order to:(a) Establish a database of Nebraska's early childhood education workforce;(b) Verify educational degrees and professional credentials held and relevant training completed by employees of participating applicable child care and early childhood education programs; and(c) Provide such information to the Department of Health and Human Services for use in evaluating applications to be rated at a step above step one under section 71-1959.(2) When an applicable child care or early childhood education program participating in the quality rating and improvement system developed pursuant to section 71-1955 applies under section 71-1959 to be rated at a step above step one, the child care or early childhood education program shall report the educational degrees and professional credentials held and relevant training completed by its child care and early childhood education employees to the Nebraska Early Childhood Professional Record System for the program to be eligible for a quality scale rating above step one.(3) Any child care or early childhood education provider residing or working in Nebraska may report his or her educational degrees and professional credentials held, relevant training completed, and work history to the Nebraska Early Childhood Professional Record System.(4) The State Department of Education shall develop a classification system for all eligible staff members as defined in section 77-3603 who are employees of or who are self-employed individuals providing services for applicable child care and early childhood education programs listed in the Nebraska Early Childhood Professional Record System. The classification system shall be based on the eligible staff members' educational degrees and professional credentials held, relevant training completed, and work history and shall be made up of four levels, with level one being the least qualified and level four being the most qualified. The minimum qualification for an eligible staff member to be classified as level one shall be a Child Development Associate Credential or a one-year certificate or diploma in early childhood education or child development. The classification system shall be used for purposes of the tax credit granted in section 77-3605.Source  Laws 2013, LB507,  11;  Laws 2015, LB525,  1;  Laws 2016, LB889,  9;  Laws 2020, LB266,  1.  
71-1963.  Quality scale ratings available on website; when.By July 1, 2017, the Department of Health and Human Services in collaboration with the State Department of Education shall make the quality scale ratings of participating applicable child care and early childhood education programs under the quality rating and improvement system developed pursuant to section 71-1955 available on a publicly accessible website to provide parents a tool by which to evaluate the quality of child care and early childhood education programs and to promote accountability for public funding of such programs.Source Laws 2013, LB507,  12.
71-1964.  Rules and regulations.The State Department of Education and the Department of Health and Human Services may adopt and promulgate rules and regulations to carry out the Step Up to Quality Child Care Act.Source Laws 2013, LB507,  13.
71-198.  Transferred to section 71-1304.
71-199.  Transferred to section 71-1305.
71-20,100.  Nursing Facility Penalty Cash Fund; created; use; investment.(1) The Nursing Facility Penalty Cash Fund is created. Any civil money penalty collected by the department as part of any civil penalty imposed pursuant to section 71-2098 or in accordance with the federal Social Security Act, as amended, and imposed by the Centers for Medicare and Medicaid Services pursuant to 42 C.F.R. 488.431 and disbursed to the department in accordance with 42 C.F.R. 488.433 or imposed by the department pursuant to 42 C.F.R. 488.432 shall be remitted to the State Treasurer for credit to such fund. The state investment officer shall invest any money in the fund available for investment pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.(2) The department shall adopt and promulgate rules and regulations which establish circumstances under which the department may distribute funds from the Nursing Facility Penalty Cash Fund. Funds collected as part of a civil money penalty imposed by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services as described in subsection (1) of this section shall be distributed in accordance with the federal Social Security Act, as amended, and the federal regulations for participation in the medicaid program, to support activities that benefit nursing home residents as provided in 42 C.F.R. 488.433.Source  Laws 1996, LB 1155,  75;  Laws 1997, LB 307,  183;  Laws 2007, LB296,  526;  Laws 2019, LB22,  3.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-20,101.  Rules and regulations.The department shall adopt and promulgate rules and regulations to carry out sections 71-2097 to 71-20,101, including rules and regulations for notice and appeal procedures.Source  Laws 1996, LB 1155,  76;  Laws 1997, LB 307,  184;  Laws 2007, LB296,  527. 
71-20,102.  Act, how cited.Sections 71-20,102 to 71-20,113 shall be known and may be cited as the Nonprofit Hospital Sale Act.Source Laws 1996, LB 1188,  1. 
71-20,103.  Terms, defined.For purposes of the Nonprofit Hospital Sale Act:(1) Department means the Department of Health and Human Services;(2) Hospital has the meaning found in section 71-419;(3) Acquisition means any acquisition by a person or persons of an ownership or controlling interest in a hospital, whether by purchase, merger, lease, gift, or otherwise, which results in a change of ownership or control of twenty percent or greater or which results in the acquiring person or persons holding a fifty percent or greater interest in the ownership or control of a hospital, but acquisition does not include the acquisition of an ownership or controlling interest in a hospital owned by a nonprofit corporation if the transferee (a) is a nonprofit corporation having a substantially similar charitable health care purpose as the transferor or is a governmental entity, (b) is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code or as a governmental entity, and (c) will maintain representation from the affected community on the local board; and(4) Person has the meaning found in section 71-5803.12.Source  Laws 1996, LB 1188,  2;  Laws 1997, LB 307,  185;  Laws 1997, LB 798,  1;  Laws 2000, LB 819,  104;  Laws 2007, LB296,  528. 
71-20,104.  Acquisition of hospital; approval required; exception; notice; application; procedure.(1) No person shall engage in the acquisition of a hospital owned by a nonprofit corporation without first having applied for and received the approval of the department and without first having notified the Attorney General and, if applicable, received approval from the Attorney General pursuant to the Nonprofit Hospital Sale Act. No person shall engage in the acquisition of a hospital not owned by a nonprofit corporation without first having applied for and received the approval of the department pursuant to the act unless such acquiring person is a nonprofit corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code or is a governmental entity. For purposes of the act, approval of the department and the Attorney General shall not be required for the acquisition of a hospital not owned by a nonprofit corporation as follows: (a) The lease or sale of a county hospital approved under subdivision (3) of section 23-3504; or (b) the dissolution of a hospital district approved under sections 23-3544 to 23-3546 or the merger of hospital districts approved under sections 23-3573 to 23-3578.(2) Any person not required to obtain the approval of the department under the Nonprofit Hospital Sale Act shall give the Attorney General at least thirty days' notice of an impending acquisition, during which time the Attorney General may take any necessary and appropriate action consistent with his or her general duties of oversight with regard to the conduct of charities. The notice shall briefly describe the impending acquisition, including any change in ownership of tangible or intangible assets.(3) The application shall be submitted to the department and the Attorney General on forms provided by the department and shall include the name of the seller, the name of the purchaser or other parties to an acquisition, the terms of the proposed agreement, the sale price, a copy of the acquisition agreement, a financial and economic analysis and report from an independent expert or consultant of the effect of the acquisition under the criteria set forth in section 71-20,108, and all other related documents. A copy of the application and copies of all additional related materials shall be submitted to the department and to the Attorney General at the same time. The applications and all related documents shall be considered public records for purposes of sections 84-712 to 84-712.09.Source  Laws 1996, LB 1188,  3;  Laws 2012, LB995,  16. 
71-20,105.  Application; department; Attorney General; duties; single unified review process; when.(1) Within five working days after receipt of an application under section 71-20,104, the department shall publish notice of the application in a newspaper of general circulation in the county or counties where the hospital is located and shall notify by first-class United States mail any person who has requested notice of the filing of such applications. The notice shall state that an application has been received, state the names of the parties to the agreement, describe the contents of the application, and state the date by which a person may submit written comments about the application to the department.(2) Within sixty days after receiving an application, the department shall review the application in accordance with the standards set forth in the Nonprofit Hospital Sale Act and approve or disapprove the acquisition pursuant to the act.Within twenty days after receiving an application, the Attorney General shall determine whether to review the application in accordance with section 71-20,108 and shall so notify the applicant. If the Attorney General determines to review the application in accordance with the act, the Attorney General shall, within sixty days after receiving the application, review the application in accordance with the standards set forth in section 71-20,108 and approve or disapprove the acquisition. If the Attorney General determines not to review the application in accordance with the act, then none of the other provisions of the act applicable to review by the Attorney General shall apply.(3) For acquisitions which require approval from the department under the Nonprofit Hospital Sale Act and a certificate of need under the Nebraska Health Care Certificate of Need Act, the applicant shall submit a single application for both purposes and such application shall be reviewed under a single unified review process by the department. Following the single unified review process, the department shall simultaneously issue (a) its decision for purposes of the Nebraska Health Care Certificate of Need Act and (b) its decision for purposes of the Nonprofit Hospital Sale Act.Source Laws 1996, LB 1188,  4. Cross References  Nebraska Health Care Certificate of Need Act, see section 71-5801.
71-20,106.  Review of acquisition; hearing; department or Attorney General; powers.The department, and the Attorney General if he or she determines to review the acquisition, shall during the course of review under section 71-20,105 or 71-20,107 hold a public hearing in which any person may file written comments and exhibits or appear and make a statement. The department or the Attorney General may subpoena additional information or witnesses, require and administer oaths, require sworn statements, take depositions, and use related discovery procedures for purposes of the hearing and at any time prior to making a decision on the application.The hearing shall be held not later than thirty days after receipt of an application. The hearing shall be held upon ten working days' notice, not including days the application is deemed to be incomplete.Source Laws 1996, LB 1188,  5. 
71-20,107.  Review of application; Attorney General; department; duties; action for declaratory judgment; authorized; contest of denial.(1) If the Attorney General determines to review the application, he or she shall review the application in accordance with the standards enumerated in section 71-20,108. Within sixty days after receipt of an application, the Attorney General shall approve or disapprove the acquisition.If the Attorney General does not act within sixty days after receipt of an application, the application shall be deemed approved. If the Attorney General approves or disapproves the acquisition, the applicant, or any person who has submitted comments under section 71-20,106, if the person has a legal interest in the hospital being acquired or in another hospital that has contracted with the acquired hospital for the provision of essential health services, may bring an action for declaratory judgment under the Uniform Declaratory Judgments Act for a determination that the acquisition is or is not in the public interest as provided in section 71-20,108.(2) The department shall review the completed application in accordance with the standards enumerated in section 71-20,109. Within sixty days after receipt of a completed application, the department shall:(a) Approve the acquisition, with or without any specific modifications; or(b) Disapprove the acquisition.The department shall not make its decision subject to any condition not directly related to criteria enumerated in section 71-20,109, and any condition or modification shall bear a direct and rational relationship to the application under review.The applicant or any affected person may contest a denial in the manner provided in the Administrative Procedure Act for contested cases. The findings, conclusions, and decisions of the department shall constitute the determination of the department, except that the applicant, or any affected person who has intervened in the contested case before the department, may seek judicial review as provided in sections 84-917 to 84-919.Source  Laws 1996, LB 1188,  6;  Laws 1997, LB 798,  2.  Cross References   Administrative Procedure Act, see section 84-920.  Uniform Declaratory Judgments Act, see section 25-21,164. 
71-20,108.  Review of application; Attorney General; considerations.If the Attorney General determines to review the application, he or she shall approve the application unless he or she finds that the acquisition is not in the public interest. An acquisition is not in the public interest unless appropriate steps have been taken to safeguard the value of charitable assets and ensure that any proceeds of the transaction are used for appropriate charitable health care purposes as provided in subdivision (8) of this section. In determining whether the acquisition meets such criteria under the Nonprofit Hospital Sale Act, the Attorney General shall consider:(1) Whether the acquisition is permitted under the Nebraska Nonprofit Corporation Act and other laws of Nebraska governing nonprofit entities, trusts, or charities;(2) Whether the nonprofit hospital exercised due diligence in deciding to sell, selecting the purchaser, and negotiating the terms and conditions of the sale;(3) The procedures used by the seller in making its decision, including whether appropriate expert assistance was used;(4) Whether conflict of interest was disclosed, including, but not limited to, conflicts of interest related to board members of, executives of, and experts retained by the seller, purchaser, or parties to the acquisition;(5) Whether the seller will receive reasonably fair value for its assets. The Attorney General may employ, at the seller's expense, reasonably necessary expert assistance in making this determination;(6) Whether charitable funds are placed at unreasonable risk, if the acquisition is financed in part by the seller;(7) Whether any management contract under the acquisition is for reasonably fair value;(8) Whether the sale proceeds will be used for appropriate charitable health care purposes consistent with the seller's original purpose or for the support and promotion of health care in the affected community and whether the proceeds will be controlled as charitable funds independently of the purchaser or parties to the acquisition; and(9) Whether a right of first refusal to repurchase the assets by a successor nonprofit corporation or foundation if the hospital is subsequently sold to, acquired by, or merged with another entity has been retained.Source Laws 1996, LB 1188,  7. Cross References  Nebraska Nonprofit Corporation Act, see section 21-1901.
71-20,109.  Review of application; department; considerations.In making a decision whether to approve or disapprove an application, the department shall consider:(1) Whether sufficient safeguards are included to assure the affected community continued access to affordable care;(2) Whether the purchaser and parties to the acquisition have made a commitment to provide health care to the disadvantaged, the uninsured, and the underinsured and to provide benefits to the affected community to promote improved health care. Activities and funding provided by the seller or its successor nonprofit corporation or foundation to provide such health care may be considered in evaluating compliance with this commitment; and(3) If health care providers will be offered the opportunity to invest or own an interest in the purchaser or a related entity to the purchaser, whether procedures or safeguards are in place to avoid conflict of interest in patient referral and the nature of such procedures or safeguards.This section does not apply higher standards to hospitals covered by the Nonprofit Hospital Sale Act than those applicable to hospitals not covered by the act.Source Laws 1996, LB 1188,  8. 
71-20,110.  Noncompliance with commitment to affected community; revocation of license; when.If the department receives information indicating that the acquiring person is not fulfilling the commitment to the affected community under section 71-20,109, the department shall hold a hearing upon ten days' notice to the affected parties. If after such hearing the department determines that the information is true, it may institute proceedings to revoke the license issued to the purchaser.Source Laws 1996, LB 1188,  9. 
71-20,111.  Attorney General; powers to ensure compliance.The Attorney General shall have the authority to ensure compliance with commitments which inure to the public interest.Source Laws 1996, LB 1188,  10. 
71-20,112.  Licensure; issuance, renewal, revocation, or suspension; when; section, how construed.No license to operate a hospital may be issued or renewed by the department pursuant to the Health Care Facility Licensure Act or any other state statute, and a license which has been issued shall be subject to revocation or suspension, if:(1) There is an acquisition of a hospital without first having received the approval of the department under the Nonprofit Hospital Sale Act;(2) There is an acquisition of a hospital without the approval of the Attorney General, if the Attorney General determines to review the application under the act;(3) There is an acquisition of a hospital and the Attorney General disapproves the acquisition and there is a judicial determination under the Uniform Declaratory Judgments Act that the acquisition is not in the public interest; or(4) The hospital is not fulfilling its commitment under section 71-20,109 or is not following procedures of safeguards committed to under subdivision (3) of such section.This section does not limit the right to a hearing under section 71-454 or the right of appeal for a hospital from such decision as provided in section 71-455.Source  Laws 1996, LB 1188,  11;  Laws 2000, LB 819,  105.  Cross References   Health Care Facility Licensure Act, see section 71-401.  Uniform Declaratory Judgments Act, see section 25-21,164. 
71-20,113.  Applicability of act.Any acquisition of a hospital before April 16, 1996, and any acquisition in which an application for a certificate of need under the Nebraska Health Care Certificate of Need Act has been granted by the Department of Health and Human Services Regulation and Licensure before April 16, 1996, is not subject to the Nonprofit Hospital Sale Act.Source  Laws 1996, LB 1188,  12;  Laws 2007, LB296,  529. Cross References  Nebraska Health Care Certificate of Need Act, see section 71-5801.
71-20,114.  Authority of Attorney General; act; how construed.No provision of the Nonprofit Hospital Sale Act shall derogate from the common-law or statutory authority of the Attorney General.Source Laws 1996, LB 1188,  13. 
71-20,115.  Transferred to section 71-460.
71-20,116.  Transferred to section 71-461.
71-20,120.  Visitation privileges; designation by patient.A hospital patient who is nineteen years of age or older or an emancipated minor may designate at any time, orally or in writing, up to five individuals not legally related by marriage or blood to the patient whom the patient wishes to be given the same visitation privileges as an immediate family member of such patient. An individual so designated shall have the same visitation privileges as an immediate family member of such patient. The patient may rescind the designation or designations at any time, orally or in writing. Any designation or rescission made under this section shall be noted on the patient's medical records at such hospital. For purposes of this section, medical records means the hospital's record of a patient's health history and treatment rendered.Source Laws 2002, LB 1062,  51. 
71-20,121.  Disposition of remains of child born dead; hospital; duties.(1) Every hospital licensed under the Health Care Facility Licensure Act shall maintain a written policy for the disposition of the remains of a child born dead at such hospital. A parent of such child shall have the right to direct the disposition of such remains, except that disposition may be made by the hospital if no such direction is given by a parent within fourteen days following the delivery of such remains. Such policy and such disposition shall comply with all applicable provisions of state and federal law. Upon the delivery of a child born dead, the hospital shall notify at least one parent of such parents' right to direct the disposition of the remains of such child and shall provide at least one parent with a copy of its policy with respect to such disposition.(2) For purposes of this section, child born dead means a child at any stage of gestation (a) who has died in utero, (b) whose remains have been removed from the uterus of the mother, for whom pregnancy has been confirmed prior to such removal, and (c) whose remains are identified with the naked eye at the time of such removal by the attending physician or upon subsequent pathological examination if requested by a parent. This section shall not apply to the performance of an elective abortion.(3) Except as otherwise provided by law, nothing in this section shall be interpreted to prohibit any hospital from providing additional notification and assistance to the parent of a child born dead at such hospital relating to the disposition of the remains of such child, even if such remains cannot be identified with the naked eye at the time of delivery or upon subsequent pathological examination.Source Laws 2003, LB 95,  38. Cross References  Health Care Facility Licensure Act, see section 71-401.
71-2001.  Act, how cited.Sections 71-2001 to 71-2016 may be cited as the State Hospital Survey and Construction Act.Source  Laws 1947, c. 232,  1, p. 733. 
71-2002.  Terms, defined.For purposes of the State Hospital Survey and Construction Act:(1) Department shall mean the Department of Health and Human Services;(2) The federal act shall mean, but is not restricted to, Public Law 88-156, Public Law 88-164, Public Law 88-581, Public Law 88-443, and other measures of similar intent which have been, or may in the future be, passed by the Congress of the United States;(3) The Surgeon General shall mean the Surgeon General of the Public Health Service of the United States or such other federal office or agency responsible for the administration of the federal Hospital Survey and Construction Act, 42 U.S.C. 291 and amendments thereto;(4) Hospital includes, but is not restricted to, facilities or parts of facilities, which provide space for public health centers, mental health clinics, and general, tuberculosis, mental, long-term care, and other types of hospitals, and related facilities, such as homes for the aged or infirm, laboratories, out-patient departments, nurses' home and educational facilities, and central service facilities operated in connection with hospitals;(5) Public health center shall mean a publicly owned facility for providing public health services, including related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers; and(6) Nonprofit hospital shall mean any hospital owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.Source   Laws 1947, c. 232,  2, p. 733;   Laws 1965, c. 421,  1, p. 1349;  Laws 1971, LB 753,  1;  Laws 1996, LB 1044,  593;  Laws 2007, LB296,  507. 
71-2003.  Department; duties.The department shall constitute the sole agency of the state for the purpose of (1) making an inventory of existing hospitals, surveying the need for construction of hospitals, and developing a program of hospital construction as provided in section 71-2007, and (2) developing and administering a state plan for the construction of public and other nonprofit hospitals as provided in the State Hospital Survey and Construction Act.Source   Laws 1947, c. 232,  3, p. 734;   Laws 1965, c. 421,  2, p. 1350;  Laws 1996, LB 1044,  594;  Laws 1997, LB 307,  179;  Laws 2007, LB296,  508. 
71-2004.  Department; powers and duties.In carrying out the purposes of the State Hospital Survey and Construction Act, the department is authorized and directed:(1) To require such reports, make such inspections and investigations, and prescribe such regulations as it deems necessary;(2) To provide such methods of administration, appoint an assistant director and other personnel of the division, and take such other action as may be necessary to comply with the requirements of the federal act and the regulations thereunder;(3) To procure the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties;(4) To the extent desirable to effectuate the purposes of the State Hospital Survey and Construction Act, to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private;(5) To accept on behalf of the state and to deposit with the State Treasurer any grant, gift, or contribution made to assist in meeting the cost of carrying out the purposes of the act and to expend the same for such purpose; and(6) To match funds with federal grants when required in order to obtain such funds in carrying out the act.Source   Laws 1947, c. 232,  4, p. 734;   Laws 1967, c. 450,  1, p. 1397;   Laws 1981, LB 545,  21;  Laws 2007, LB296,  509. 
71-2006.  Administration; appropriation by the Legislature; expenditures; certification by department.Such money as may be appropriated by the Legislature for the administration of the State Hospital Survey and Construction Act shall be expended upon proper certification by the department as provided by law.Source   Laws 1947, c. 232,  6, p. 736;   Laws 1965, c. 421,  4, p. 1351;  Laws 2007, LB296,  510. 
71-2007.  Department; inventory; survey; planning; program.The department is authorized and directed to make an inventory of existing hospitals and medical facilities, including, but not restricted to, public, nonprofit and proprietary hospitals and other medical facilities, to accumulate pertinent comparable statistical data from existing hospitals and medical facilities, to survey the need for construction or expansion of hospitals and, on the basis of such statistical data, inventory and survey, and to develop a program for the construction or expansion of such public and other nonprofit hospitals and medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate hospital, clinic, and other essential health services without duplication or fragmentation of such facilities or services to all the people of the state.Source   Laws 1947, c. 232,  7, p. 736;   Laws 1965, c. 421,  5, p. 1351;  Laws 1972, LB 1310,  1;  Laws 2007, LB296,  511. 
71-2008.  Construction program.The construction program shall provide, in accordance with regulations prescribed under the federal act, for adequate hospital facilities for the people residing in this state and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of hospital and medical facility service reasonably accessible to all persons in the state.Source   Laws 1947, c. 232,  8, p. 736;   Laws 1965, c. 421,  6, p. 1351.  
71-2009.  Survey and planning; application for federal funds; expenditure.The department is authorized to make application to the Surgeon General for federal funds to assist in carrying out the activities provided in the State Hospital Survey and Construction Act. Such funds shall be deposited in the state treasury and shall be available when appropriated for expenditure for carrying out the purposes of the act. Any such funds received and not expended for such purposes shall be repaid to the Treasury of the United States.Source   Laws 1947, c. 232,  9, p. 736;   Laws 1965, c. 421,  7, p. 1352;  Laws 2007, LB296,  512. 
71-201.  Practice of barbering; barber shop; barber school; license required; renewal; disciplinary actions; prohibited acts.(1) No person shall practice or attempt to practice barbering without a license issued pursuant to the Barber Act by the board. It shall be unlawful to operate a barber shop unless it is at all times under the direct supervision and management of a licensed barber.(2)(a) No person, partnership, limited liability company, or corporation shall operate a barber shop or barber school until a license has been obtained for that purpose from the board. If the applicant is an individual, the application shall include the applicant's social security number. All barber shop licenses shall be issued on or before June 30 of each even-numbered year, shall be effective as of July 1 of each even-numbered year, shall be valid for two years, and shall expire on June 30 of the next succeeding even-numbered year.(b) No booth rental permits shall be required after April 19, 2022.(3) Any barber shop which fails to renew its license on or before the expiration date may renew such license by payment of the renewal fee and a late renewal fee established by the board within sixty days after such date or such other time period as the board establishes.(4) Any barber shop or barber school license may be suspended, revoked, or denied renewal by the board for violation of any provision of the statutes or any rule or regulation of the board pertaining to the operation or sanitation of barber shops or barber schools after due notice and hearing before the board.(5) No person, partnership, limited liability company, or corporation shall use the title of barber or barber shop or indicate in any way that such person or entity offers barbering services unless such person or entity is licensed pursuant to the act. No person, partnership, limited liability company, or corporation shall hold itself out as a barber shop or indicate in any way that such person or entity offers barbering services unless such person or entity and the personnel who purport to offer barbering services in association with such person or entity are licensed pursuant to the act.(6) No person, partnership, limited liability company, or corporation shall display a barber pole or use a barber pole or the image of a barber pole in its advertising unless such person or entity is licensed to provide barbering services pursuant to the act and the display or use of such barber pole or barber pole image is to indicate that the person or entity is offering barbering services.Source   Laws 1927, c. 163,  1, p. 427;   Laws 1929, c. 154,  1, p. 533;   C.S.1929,  71-2001;   R.S.1943,  71-201;   Laws 1957, c. 294,  1, p. 1053;   Laws 1963, c. 409,  2, p. 1315;   Laws 1965, c. 417,  1, p. 1329;  Laws 1971, LB 1020,  1;  Laws 1978, LB 722,  1;  Laws 1983, LB 87,  14;   Laws 1993, LB 121,  421;  Laws 1993, LB 226,  1;  Laws 1996, LB 1044,  481;  Laws 1997, LB 622,  85;  Laws 1997, LB 752,  164;  Laws 2009, LB195,  53;  Laws 2022, LB705,  1.   Effective Date: April 19, 2022  
71-2010.  State plan; notice; hearing; submission to Surgeon General; hearing; approval of plans; review of program.The department shall prepare and submit to the Surgeon General a state plan which shall include the hospital construction program developed under the State Hospital Survey and Construction Act, and which shall provide for the establishment, administration, and operation of hospital and medical facility construction activities in accordance with the requirements of the federal act and regulations thereunder. The department shall, prior to the submission of such plan to the Surgeon General, give adequate publicity to a general description of all the provisions proposed to be included therein and hold a public hearing at which all persons or organizations with a legitimate interest in such plan may be given an opportunity to express their views. After approval of the plan by the Surgeon General, the department shall make the plan, or plans, or a copy thereof, available upon request to all interested persons or organizations. The department shall from time to time review the hospital construction program and submit to the Surgeon General any modifications necessary, and may submit to the Surgeon General such modifications of the state plan, or plans, not inconsistent with the requirements of the federal act.Source   Laws 1947, c. 232,  10, p. 737;   Laws 1965, c. 421,  8, p. 1352;  Laws 2007, LB296,  513. 
71-2011.  Department; maintenance and operation of hospitals and medical facilities; prescribe minimum standards.The department shall by regulation prescribe minimum standards for the maintenance and operation of hospitals and other medical facilities which receive federal aid for construction under the state plan.Source   Laws 1947, c. 232,  11, p. 737;   Laws 1965, c. 421,  9, p. 1353;  Laws 2007, LB296,  514. 
71-2012.  State plan; need; construction.The state plan shall set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed pursuant to the federal act, and provide for the construction, insofar as financial resources available therefor and for maintenance and operations make possible, in the order of such relative need.Source  Laws 1947, c. 232,  12, p. 737. 
71-2013.  Construction projects; federal funds; application; requirements.Applications for hospital construction projects for which federal funds are requested shall be submitted to the department and may be submitted by the state or any political subdivision thereof or by any public or nonprofit agency authorized to construct and operate a hospital. Each such application shall conform to federal and state requirements.Source   Laws 1947, c. 232,  13, p. 737;   Laws 1965, c. 421,  10, p. 1353;  Laws 2007, LB296,  515. 
71-2014.  Construction projects; hearing; approval; recommendation of department.The department shall afford to every applicant for a construction project an opportunity for a fair hearing. If the department, after affording reasonable opportunity for development and presentation of applications in the order of relative need, finds that a project application complies with the requirements of section 71-2013 and is otherwise in conformity with the state plan, such application shall be approved and shall be recommended and forwarded to the Surgeon General.Source   Laws 1947, c. 232,  14, p. 738;  Laws 2007, LB296,  516. 
71-2015.  Construction projects; inspection; certification of work performed; payment due.From time to time the department shall inspect each construction project approved by the Surgeon General and, if the inspection so warrants, the department shall certify to the Surgeon General that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant.Source   Laws 1947, c. 232,  15, p. 738;  Laws 2007, LB296,  517. 
71-2016.  Hospital and Medical Facilities Fund; State Treasurer; disbursement by warrants; funds; investment.The State Treasurer is hereby authorized to receive federal funds and transmit them to such applicants or to the department, if to carry out any survey, administration, or other authorized function. There is hereby established, separate and apart from all public money and funds of this state, a Hospital and Medical Facilities Fund. Money from the federal government for any authorized purpose of survey, planning, administration, or construction of approved projects, shall be received by the State Treasurer for credit to the fund. Warrants for all payments from the fund shall be drawn and paid in the manner provided by law. 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.Source   Laws 1947, c. 232,  16, p. 738;   Laws 1965, c. 421,  11, p. 1353;   Laws 1969, c. 584,  71, p. 2388;  Laws 1995, LB 7,  75.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-202.01.  Terms, defined.For purposes of the Barber Act, unless the context otherwise requires:(1) Barber shall mean any person who engages in the practice of any act of barbering;(2) Barber pole shall mean a cylinder or pole with alternating stripes of red, white, and blue or any combination of them which run diagonally along the length of the cylinder or pole;(3) Barber shop shall mean (a) an establishment or place of business properly licensed as required by the act where one or more persons properly licensed are engaged in the practice of barbering or (b) a mobile barber shop. Barber shop shall not include barber schools or colleges;(4) Barber school or college shall mean an establishment properly licensed and operated for the teaching and training of barber students;(5) Board shall mean the Board of Barber Examiners;(6) Manager shall mean a licensed barber having control of the barber shop and of the persons working at or employed by the barber shop;(7) License shall mean a certificate of registration issued by the board;(8) Barber instructor shall mean a teacher of the barber trade as provided in the act;(9) Assistant barber instructor shall mean a teacher of the barbering trade registered as an assistant barber instructor as required by the act;(10) Mobile barber shop shall mean a self-contained, self-supporting, enclosed mobile unit licensed under the act as a mobile site for the performance of the practice of barbering by persons licensed under the act;(11) Registered or licensed barber shall mean a person who has completed the requirements to receive a certificate as a barber and to whom a certificate has been issued;(12) Secretary of the board shall mean the director appointed by the board who shall keep a record of the proceedings of the board;(13) Student shall mean a person attending an approved, licensed barber school or college, duly registered with the board as a student engaged in learning and acquiring any and all of the practices of barbering, and who, while learning, performs and assists any of the practices of barbering in a barber school or college; and(14) Postsecondary barber school or college shall mean an establishment properly licensed and operated for the teaching and training of barber students who have successfully completed high school or its equivalent as determined by successfully passing a general educational development test prior to admittance.Source  Laws 1971, LB 1020,  5;  Laws 1978, LB 722,  3;  Laws 1983, LB 87,  15;  Laws 1993, LB 226,  3;  Laws 2011, LB46,  1;  Laws 2016, LB842,  1;  Laws 2018, LB731,  79;  Laws 2020, LB755,  24.  
71-202.  Barbering, defined.Any one or any combination of the following practices, when done upon the human body by the use of chemical products for cosmetic or grooming purposes and not for the treatment of disease or physical or mental ailments, on any person, other than a member of the immediate family, shall constitute the practice of barbering: (1) Shaving or trimming the beard or cutting the hair; (2) dressing, arranging, styling, curling, waving, straightening, and relaxing of the hair by chemical or mechanical means; (3) giving face and scalp massages or treatment with oils, creams, lotions, or other preparations either by hand, mechanical appliances, or electrical appliances, including the applying of chemical and toiletry preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, neck, or upper part of the body; (4) patterning, fitting, cleaning, styling, coloring, waving, or other similar work upon hair pieces or wigs; and (5) shampooing, bleaching, coloring, rinsing, hair weaving, or similar work upon the hair.Source   Laws 1927, c. 163,  2, p. 427;   C.S.1929,  71-2002;   R.S.1943,  71-202;   Laws 1965, c. 417,  2, p. 1329;  Laws 1971, LB 1020,  4;  Laws 1973, LB 5,  1;  Laws 1978, LB 722,  2;  Laws 1993, LB 226,  2.  Annotations Licensed cosmetologist cutting hair of a lady customer of beauty parlor is not a barber within the definition of this section. Lane v. State, 120 Neb. 302, 232 N.W. 96 (1930).
71-203.  Barbering; exemptions.The following persons are exempt from the Barber Act while in the proper discharge of their professional or occupational duties: (1) Persons authorized by the laws of this state to practice medicine and surgery; (2) commissioned medical or surgical officers of the United States military services; (3) registered or licensed practical nurses; and (4) persons engaged in operating or employed in cosmetology establishments, except that nothing contained in this section shall authorize a cosmetologist to perform barbering as defined in section 71-202 in any licensed barber shop.Source   Laws 1927, c. 163,  3, p. 428;   Laws 1929, c. 154,  2, p. 534;   C.S.1929,  71-2003;   R.S.1943,  71-203;   Laws 1963, c. 409,  3, p. 1316;  Laws 1971, LB 1020,  6;  Laws 1978, LB 722,  4;  Laws 1997, LB 622,  86;  Laws 2018, LB731,  80.  Annotations Provisions of this section regulating haircutting and providing for a certificate of registration are exclusive in nature. Lane v. State, 120 Neb. 302, 232 N.W. 96 (1930).
71-2031.  Transferred to section 71-6043.
71-2032.  Transferred to section 71-6044.
71-2033.  Transferred to section 71-6045.
71-2034.  Transferred to section 71-6046.
71-2035.  Transferred to section 71-6047.
71-2036.  Transferred to section 71-6048.
71-2037.  Transferred to section 71-6049.
71-2038.  Transferred to section 71-6050.
71-2039.  Transferred to section 71-6051.
71-204.  Barber; certificate; qualifications required.A person is qualified to receive a certificate of registration to practice barbering (1) who has a diploma showing graduation from high school or an equivalent education as determined by passing a general education development test; (2) who is at least seventeen years of age; (3) who has completed one thousand eight hundred hours of training in a barber school or college; (4) who has graduated from a barber school or college approved by the Board of Barber Examiners; and (5) who has passed an examination conducted by the Board of Barber Examiners to determine his or her fitness to practice barbering.Source   Laws 1927, c. 163,  4, p. 428;   Laws 1929, c. 154,  3, p. 535;   C.S.1929,  71-2004;   R.S.1943,  71-204;   Laws 1963, c. 409,  4, p. 1317;   Laws 1965, c. 417,  3, p. 1330;  Laws 1983, LB 87,  16;  Laws 1984, LB 900,  1;  Laws 1986, LB 318,  143;  Laws 2018, LB731,  81.  
71-2040.  Transferred to section 71-6052.
71-2041.01.  Transferred to section 71-6053.
71-2041.02.  Transferred to section 71-6054.
71-2041.03.  Transferred to section 71-6055.
71-2041.04.  Transferred to section 71-6056.
71-2041.05.  Transferred to section 71-6057.
71-2041.06.  Transferred to section 71-6058.
71-2041.07.  Transferred to section 71-6059.
71-2042.  Transferred to section 71-6067.
71-2045.01.  Transferred to section 71-6065.
71-2045.02.  Transferred to section 71-2041.02.
71-2045.03.  Transferred to section 71-6060.
71-2045.04.  Transferred to section 71-6062.
71-2045.05.  Transferred to section 71-6061.
71-2045.06.  Transferred to section 71-6066.
71-2045.08.  Transferred to section 71-6063.
71-2045.09.  Transferred to section 71-6064.
71-2045.10.  Transferred to section 71-6068.
71-2048.01.  Clinical privileges; standards and procedures.Any hospital required to be licensed under the Health Care Facility Licensure Act shall not deny clinical privileges to physicians and surgeons, podiatrists, osteopathic physicians, osteopathic physicians and surgeons, certified nurse midwives, licensed psychologists, or dentists solely by reason of the credential held by the practitioner. Each such hospital shall establish reasonable standards and procedures to be applied when considering and acting upon an application for medical staff membership and privileges. Once an application is determined to be complete by the hospital and is verified in accordance with such standards and procedures, the hospital shall notify the applicant of its initial recommendation regarding membership and privileges within one hundred twenty days.Source  Laws 1989, LB 646,  1;  Laws 1998, LB 1073,  122;  Laws 2000, LB 819,  99;  Laws 2011, LB68,  1. Cross References  Health Care Facility Licensure Act, see section 71-401.
71-2056.  Legislative findings.The Legislature finds that the market for hospital and health care services is becoming increasingly competitive, that hospitals and other health care providers are contracting to engage in economic joint ventures to form partnerships to offer integrated health care services to the public, and that this increasing competition is forcing hospitals and other health care providers to develop market strategies and strategic plans to effectively compete. The purpose of sections 71-2056 to 71-2061 is to enhance the ability of public hospitals to compete effectively and equally in the market for health care services.Source Laws 1985, LB 61,  1. 
71-2057.  Terms, defined.For purposes of sections 71-2056 to 71-2061, unless the context otherwise requires:(1) Hospital health services means, but is not limited to, any health care clinical, diagnostic, or rehabilitation service and any administrative, managerial, health system, or operational service incident to such service;(2) Market strategy means any plan, strategy, or device developed or intended to promote, sell, or offer to sell any hospital health service;(3) Strategic plan means any plan, strategy, or device developed or intended to construct, operate, or maintain a health facility or to engage in providing, promoting, or selling a hospital health service; and(4) Tangible benefit means, but is not limited to, any (a) reasonable expectation of a demonstrable increase in or maintenance of usage of the provider's services, (b) contractual provision requiring quality control of patient care and participation in a resource monitoring procedure, (c) reasonable expectation of prompt payment for any service rendered, or (d) activity that promotes health or furthers the provider's mission.Source  Laws 1985, LB 61,  2;  Laws 1995, LB 366,  5;  Laws 2012, LB995,  13. 
71-2058.  Public hospital; marketing strategies and plans authorized.In addition to powers and duties otherwise provided by law, a hospital which is owned or operated by a political subdivision, state agency, or other governmental entity may develop marketing strategies for its existing hospital health services or any hospital health service to be provided in the future and may develop strategic plans for the development of any future hospital health service or facility. Market strategies and strategic plans may be developed in cooperation with other health care providers.Source Laws 1985, LB 61,  3. 
71-2059.  Governmental body; powers.A political subdivision, state agency, or other governmental entity which owns or operates a hospital or hospital health service may, relative to the delivery of health care services:(1) Enter into agreements with other health care providers, both governmental and nongovernmental, to share services or provide a tangible benefit to the hospital and into other cooperative ventures;(2) Join or sponsor membership in organizations or associations intended to benefit the hospital or hospitals in general;(3) Enter into contractual joint ventures with other governmental hospitals and health care organizations or nonprofit hospitals and health care organizations when entering into such a joint venture provides a tangible benefit to the residents of the political subdivision, state agency, or other governmental entity that owns or operates a hospital or health service;(4) Hold a membership interest in a nonprofit corporation when holding such interest provides a tangible benefit to the residents of the political subdivision, state agency, or other governmental entity that owns or operates a hospital or health service;(5) Have members of its governing authority or its officers or administrators serve without pay as directors or officers of any such venture;(6) Offer, directly or indirectly, products and services of the hospital or any such venture to the general public; and(7) Acquire, erect, staff, equip, or operate one or more medical office buildings, clinic buildings, or other buildings or parts thereof for medical services both within and outside the jurisdiction of the political subdivision, state agency, or other governmental entity. Such buildings or parts may be freestanding facilities or additions to or parts of an existing hospital or health care facility. Unless the political subdivision, state agency, or other governmental entity declares otherwise, the building or parts shall be considered an addition or improvement to the existing facilities. The political subdivision, state agency, or other governmental entity may lease all or part of such building to one or more health care practitioners or groups of health care practitioners or otherwise allow health care practitioners the use thereof on such terms as the political subdivision, state agency, or other governmental entity deems appropriate. Such lease or other use shall not be required to comply with public bidding requirements or approval of the electorate.Source  Laws 1985, LB 61,  4;   Laws 1992, LB 1019,  77;   Laws 1993, LB 121,  430;  Laws 2012, LB995,  14. 
71-2060.  Conversion of public funds.The conversion of public funds intended for or contributed to an undertaking authorized by section 71-2059 for the benefit of any individual shall constitute grounds for review and action by the Attorney General or the county attorney pursuant to sections 28-509 to 28-518.Source Laws 1985, LB 61,  5. 
71-2061.  Public hospital; indebtedness, how construed; expenditures, limitation; membership interests and contractual joint ventures; how construed.(1) All agreements and obligations undertaken and all securities issued, as permitted under sections 71-2056 to 71-2061, by a hospital which is owned or operated by a political subdivision, state agency, or other governmental entity shall be exclusively an obligation of the hospital and shall not create an obligation or debt of the state or any political subdivision, state agency, or other governmental entity. The full faith and credit of the state or of any political subdivision, state agency, or other governmental entity shall not be pledged for the payment of any securities issued by such a hospital, nor shall the state or any political subdivision, state agency, or other governmental entity be liable in any manner for the payment of the principal of or interest on any securities of such a hospital or for the performance of any pledge, mortgage, obligation, or agreement of any kind that may be undertaken by such a hospital.(2) Expenditures permitted by sections 71-2056 to 71-2061 to be made by or on behalf of a hospital shall be for operating and maintaining public hospitals and public facilities for a public purpose. No such expenditure shall be considered to be a giving or lending of the credit of the state, or a granting of public money or a thing of value, in aid of any individual, association, or corporation within the meaning of any constitutional or statutory provision.(3) Membership interests and contractual joint ventures permitted by section 71-2059 that further the purposes of the political subdivision, state agency, or other governmental entity shall not be considered to cause the political subdivision, state agency, or other governmental entity to become a subscriber or owner of capital stock or any interest in a private corporation or association within the meaning of Nebraska law.Source  Laws 1985, LB 61,  6;  Laws 2012, LB995,  15. 
71-207.01.  Barber school; application to open; fee.Application for authority to open a new barber school shall be made to the Board of Barber Examiners, on forms to be prescribed by the board, and shall be accompanied by the fee prescribed in section 71-219.Source  Laws 1963, c. 409,  8, p. 1318. 
71-207.02.  Barber school; application for certificate of registration; proof required; factors to be considered in passing on application.Every applicant for a certificate of registration to operate a new barber school shall offer proof sufficient to the board that the establishment of such new barber school will not be detrimental to the public welfare. In considering whether the establishment of a new barber school will be detrimental to the public welfare the board shall consider the need for barber school facilities or additional barber school facilities, as the case may be, in the community where the proposed barber school is to be located, giving particular consideration to:(1) The economic character of the community;(2) The adequacy of existing barber shops and barber schools in that community;(3) The ability of the community to support the proposed barber school;(4) The character of adjacent communities and the extent to which the establishment of the proposed barber school would draw patrons from such adjacent communities; and(5) The social and economic effect of the establishment of a barber school on the community where it is proposed to be located, and on the adjacent communities.Source  Laws 1963, c. 409,  9, p. 1318. 
71-2075.  Written estimate of charges; when required; notice.(1) Upon the written request of a prospective patient, his or her attending physician, or any authorized agent of the prospective patient, each hospital, except hospitals excluded under section 1886(d)(1)(B) of Public Law 98-21, the Social Security Act Amendments of 1983, and ambulatory surgical center shall provide a written estimate of the average charges for health services related to a particular diagnostic condition or medical procedure if such services are provided by the hospital or center. Such written request shall include a written medical diagnosis made by a health care practitioner licensed to provide such diagnosis. The prospective patient or his or her agent may also provide to the hospital or center the prospective patient's age and sex, any complications or co-morbidities of the prospective patient, other procedures required for the prospective patient, and other information which would allow the hospital or center to provide a more accurate or detailed estimate. Such estimate shall be provided within seven working days from the date of submission of the written request and information necessary to prepare such an estimate.(2) All hospitals and ambulatory surgical centers shall provide notice to the public that such hospital or center will provide an estimate of charges for medical procedures or diagnostic conditions pursuant to subsection (1) of this section. Such public notice shall be provided either as a part of the advertising or promotional materials of the hospital or center or by posting a notice in an obvious place within the public areas of the hospital or center.Source  Laws 1985, LB 382,  14;  Laws 1994, LB 1210,  120.  
71-2076.  Listing of common diagnostic related groups; when required.(1) Effective January 1, 1986, each hospital, except hospitals excluded under section 1886(d)(1)(B) of Public Law 98-21, the Social Security Act Amendments of 1983, and ambulatory surgical center shall identify the twenty most common diagnostic related groups for which services are provided by the hospital or center. Such listing of diagnostic related groups shall be made available to consumers of health care, along with the range of average charges for treatment and the associated average length of stay for each diagnostic related group listed. Such listing shall be provided to any person upon request. The information included in the listing shall show the date prepared and shall be regularly updated every six months.(2) Any hospital or ambulatory surgical center which provides services for fewer than twenty diagnostic related groups or performs an insufficient number of procedures to compute a statistically valid average shall provide a listing to the public of the most common diagnostic related groups provided by the hospital or center and the average charges and length of stay for which a valid statistical average is available and shall disclose the circumstances for such limited available data.Source  Laws 1985, LB 382,  15;  Laws 1994, LB 1210,  121.  
71-2078.  Injury data; legislative findings.The Legislature finds and declares that the cost of injury and the deaths associated with injury are of a vital concern to the health of the residents of the State of Nebraska. The Legislature further finds that the availability of reliable injury data is necessary in order to provide for the protection and promotion of the health of the residents of the state. It is the intent of the Legislature to assist in and encourage injury prevention by requiring that specific data relating to injuries be available to health care professionals and analysts in order that such data be utilized for research, analytical, and statistical purposes.Source Laws 1993, LB 387,  1. 
71-2079.  Terms, defined.For purposes of sections 71-2078 to 71-2082:(1) Hospital shall have the meaning found in section 71-419; and(2) Hospital uniform billing form shall mean the Health Care Financing Administration claim form number 1450 mandated for the medicare program pursuant to sections 1814(a)(2) and 1871 of the federal Social Security Act, as amended, developed by the National Uniform Billing Committee and commonly referred to as the uniform billing claim form number 92.Source  Laws 1993, LB 387,  2;  Laws 2000, LB 819,  101.  
71-208.01.  Barber school or college; payment of wages, commissions, or gratuities forbidden; operation of barber shop in connection with school or college, prohibited.No school or college of barbering shall be approved by the Board of Barber Examiners which shall pay any wages, commissions, or gratuities of any kind to barber students for barber work while in training or while enrolled as students in such school or college. No barber shop shall be operated by or in connection with any barber school or college.Source   Laws 1945, c. 166,  1(2), p. 533;   Laws 1957, c. 294,  4, p. 1054;  Laws 1971, LB 1020,  10;  Laws 2011, LB46,  2. 
71-208.02.  Barber school; registered instructors and assistants; qualifications.(1) All instruction in barber schools shall be conducted by registered barber instructors or registered assistant barber instructors.(2) A person shall be eligible for registration as a barber instructor if:(a) He or she has completed at least eighteen hours of college credit at or above the postsecondary level, including at least three credit hours each in (i) methods of teaching, (ii) curriculum development, (iii) special vocational needs, (iv) educational psychology, (v) speech communications, and (vi) introduction to business;(b) He or she has been a licensed and actively practicing barber for the one year immediately preceding application, except that for good cause the board may waive the requirement that the applicant be an actively practicing barber for one year or that such year immediately precede application;(c) He or she has served as a registered assistant barber instructor under the supervision of an active, full-time, registered barber instructor, as provided in subsection (5) of this section, for nine months immediately preceding application for registration, except that for good cause the board may waive the requirement that such nine-month period immediately precede application;(d) He or she has passed an examination prescribed by the board; and(e) He or she has paid the fees prescribed by section 71-219.(3) One registered barber instructor or assistant barber instructor shall be employed for each fifteen students, or fraction thereof, enrolled in a barber school, except that each barber school shall have not less than two instructors, one of whom shall be a registered barber instructor, regardless of the number of students. Additional assistant barber instructors shall be permitted on a working ratio of two assistant barber instructors for every registered barber instructor. A barber school operated by a nonprofit organization which neither charges any tuition to its students nor makes any charge to the persons upon whom work is performed shall not be required to have more than one instructor, regardless of the number of students, which instructor shall be a registered barber instructor.(4) No student at a barber school shall be permitted to do any practical work upon any person unless a registered barber instructor or registered assistant barber instructor is on the premises and supervising the practical work being performed.(5)(a) A person shall be eligible for registration as an assistant barber instructor if he or she has paid the fee prescribed by section 71-219, has been a licensed and actively practicing barber for one year, and is currently enrolled or will enroll at the first regular college enrollment date after registration under this section in an educational program leading to completion of the hours required under subsection (2) of this section.(b) A person registered pursuant to subdivision (a) of this subsection shall serve as an assistant barber instructor under direct supervision, except that he or she may serve as an assistant barber instructor under indirect supervision if:(i) He or she has completed nine college credit hours, including three credit hours each in methods of teaching, curriculum development, and special vocational needs; and(ii) He or she has completed nine months of instructor training under the direct inhouse supervision of an active, full-time, registered barber instructor or in lieu thereof has completed the requirements of a barber instructor course developed or approved by the board. The board may develop such courses or approve courses developed by educational institutions or other entities which meet requirements established by the board in rules and regulations.(c) A report of college credits earned pursuant to subsection (2) of this section shall be submitted to the board at the end of each academic year. Registration as an assistant barber instructor shall be renewed in each even-numbered year and shall be valid for three years from the date of registration if the registrant pursues without interruption the educational program described in subsection (2) of this section. A registrant who fails to so maintain such program shall have his or her registration revoked. Any such registration that has been revoked shall be reinstated if all renewal fees have been paid and other registration requirements of this subsection are met.(6) A person who is a registered barber instructor before September 9, 1993, may continue to practice as a registered barber instructor on and after such date without meeting the changes in the registration requirements of this section imposed by Laws 1993, LB 226. A person who is a registered assistant barber instructor before September 9, 1993, and who seeks to register as a barber instructor on or after September 9, 1993, may meet the requirements for registration as a barber instructor either as such requirements existed before such date or as such requirements exist on or after such date.Source   Laws 1963, c. 409,  11, p. 1320;   Laws 1965, c. 417,  4, p. 1330;  Laws 1971, LB 22,  1;  Laws 1971, LB 1020,  11;  Laws 1983, LB 87,  17;  Laws 1993, LB 226,  4;  Laws 2009, LB195,  54;  Laws 2022, LB705,  2.   Effective Date: April 19, 2022  
71-208.03.  Barber school; services; performed by regularly enrolled students.All barbering services performed in a barber school shall be entirely performed by regularly enrolled students.Source  Laws 1963, c. 409,  12, p. 1320. 
71-208.04.  Barber school or college; bond; conditions; exceptions.Each barber school or college shall at all times keep and maintain in full force and effect a surety bond with a reputable bonding company licensed to do business in the State of Nebraska for the benefit of all of its students, sufficient in amount to insure to such students a refund of any portion of their tuition paid but not used, in the event that the school or college discontinues operations for any reason prior to the time that the student has completed his or her education at the school or college, except that such requirement shall not apply to (1) a barber school or college operated by a nonprofit organization which neither charges any tuition to its students nor makes any charge to the persons upon whom such work is performed or (2) a barber school or college which participates in the assessment program established under sections 85-1654 to 85-1658 relating to the Tuition Recovery Cash Fund.Source   Laws 1963, c. 409,  13, p. 1320;  Laws 1971, LB 1020,  12;  Laws 1999, LB 121,  1.  
71-208.06.  Registered barber instructor; license; expiration.The license as a registered barber instructor shall be issued on or before June 30 of each even-numbered year effective as of July 1 of each even-numbered year and shall expire as provided in section 71-216. The license application shall include the applicant's social security number.Source  Laws 1971, LB 1020,  14;  Laws 1997, LB 752,  165;  Laws 2009, LB195,  55. 
71-208.07.  Barber instructor; inactive status; renewal of registration; failure to renew for five years; effect.Any barber instructor on inactive status or who withdraws from the active practice of barber instructing may renew his or her registration within five years of its expiration date upon the payment of the required restoration fee. Any barber instructor who fails to renew his or her registration for five consecutive years shall be required to successfully complete the examination for issuance of a new registration.Source  Laws 1975, LB 66,  4;  Laws 1978, LB 722,  8;  Laws 1993, LB 226,  5.  
71-208.08.  Barber school or college; cosmetologists; barbers; course hours; credit.(1) Cosmetologists licensed in the State of Nebraska attending a barber school or college may be given credit of one thousand hours of training applied toward the course hours required for graduation.(2) Barbers licensed in the State of Nebraska attending a school of cosmetology may be given credit of one thousand hours of training applied toward the course hours required for graduation.Source  Laws 1978, LB 722,  7;  Laws 2018, LB731,  83.  
71-208.  Barber school or college; requirements for approval; course of instruction; standards set by rules and regulations.The Legislature finds that, through licensing of barber schools, the Board of Barber Examiners approves barbering programs which lead to a certificate or diploma in Nebraska. No barber school or college shall be approved by the board unless (1)(a) a barber school or college that operates as a postsecondary barber school or college requires, as a prerequisite to admission, high school graduation or its equivalent as determined by successfully passing a general educational development test or (b) a barber school or college that does not operate as a postsecondary barber school or college requires, as a prerequisite to graduation from such school or college, high school graduation or its equivalent as determined by successfully passing a general educational development test, (2) as a prerequisite to graduation it requires a course of instruction of not less than one thousand eight hundred hours, to be completed in not more than ten hours in any one working day, and (3) the barber school or college meets the standards of the Barber Act and any rules and regulations of the board. Such course of instruction shall include scientific fundamentals for barbering, hygiene, massaging, sterilization, haircutting, and shaving, except that when a barber school or college is a part of a high school accredited by the State Board of Education or the University of Nebraska, the Board of Barber Examiners shall provide in its rules and regulations that credit in the barber school or college shall be given for hours spent and courses pursued in the high school and that credit shall be given for courses in barbering taken in high school prior to formal enrollment in such barber school or college.Source   Laws 1927, c. 163,  6, p. 429;   Laws 1929, c. 154,  5, p. 536;   C.S.1929,  71-2008;   R.S.1943,  71-208;   Laws 1945, c. 166,  1(1), p. 532;   Laws 1957, c. 294,  3, p. 1054;   Laws 1963, c. 409,  10, p. 1319;  Laws 1971, LB 1020,  9;  Laws 1978, LB 722,  6;  Laws 1997, LB 622,  87;  Laws 1999, LB 272,  21;  Laws 2016, LB842,  2;  Laws 2018, LB731,  82.  
71-2080.  Diagnosis code; required.Beginning on January 1, 1994, each hospital in this state shall provide a diagnosis code for the external cause of an injury, poisoning, or adverse effect for every patient discharged from a hospital, receiving outpatient services, or released from observation for whom such a code would be appropriate. The diagnosis code shall be used in addition to other codes required under federal or state statute, rule, or regulation. The diagnosis code shall be the same as the code required by the International Classification of Diseases, Ninth Revision, Clinical Modification System, or its most recent revision, and shall be entered on the hospital uniform billing form.Source Laws 1993, LB 387,  3. 
71-2081.  Hospital; submission of data; release by department.For each hospital uniform billing form on which a diagnosis code for the external cause of an injury, poisoning, or adverse effect is entered pursuant to section 71-2080, each hospital in this state shall submit data to the Department of Health and Human Services. Such data shall be submitted quarterly and shall include, but not be limited to, the diagnosis code for the external cause of an injury, poisoning, or adverse effect, other diagnosis codes, the procedure codes, admission date, discharge date, disposition code, and demographic data to include, but not be limited to, the birthdate, sex, city and county of residence, and zip code of residence for every patient discharged from a hospital, receiving outpatient services, or released from observation for whom a diagnosis code for the external cause of an injury, poisoning, or adverse effect is recorded pursuant to section 71-2080. This data shall be submitted to the department in written or computer form. The data provided to the department under this section shall be classified for release as determined by the department only in aggregate data reports created by the department. Such aggregate data reports shall be considered public documents.Source  Laws 1993, LB 387,  4;  Laws 1996, LB 1044,  610;  Laws 2005, LB 301,  41;  Laws 2007, LB296,  518. 
71-2082.  Department; adopt rules and regulations.The Department of Health and Human Services shall adopt and promulgate rules and regulations governing the recordation, acquisition, compilation, and dissemination of all data collected pursuant to sections 71-2078 to 71-2082.Source  Laws 1993, LB 387,  5;  Laws 1996, LB 1044,  611;  Laws 2007, LB296,  519. 
71-2083.  Surgical infections; report required.Each hospital licensed in Nebraska shall, at least annually, provide surgeons performing surgery at such hospital a report as to the number and rates of surgical infections in surgical patients of such surgeon.Source Laws 1994, LB 1210,  112. 
71-2084.  Terms, defined.For purposes of sections 71-2084 to 71-2096:(1) Department means the Department of Health and Human Services; and(2) Health care facility means a health care facility subject to licensing under the Health Care Facility Licensure Act.Source  Laws 1983, LB 274,  1;   R.S.1943, (1990),  71-6001;  Laws 1995, LB 406,  60;  Laws 1996, LB 1044,  612;  Laws 2000, LB 819,  102;  Laws 2007, LB296,  520. Cross References  Health Care Facility Licensure Act, see section 71-401.
71-2085.  Appointment of receiver; conditions.The department may petition the district court of Lancaster County or the county where the health care facility is located for appointment of a receiver for a health care facility when any of the following conditions exist:(1) If the department determines that the health, safety, or welfare of the residents or patients is in immediate danger;(2) The health care facility is operating without a license;(3) The department has suspended, revoked, or refused to renew the existing license of the health care facility;(4) The health care facility is closing, or has informed the department that it intends to close, and adequate arrangements for the relocation of the residents or patients of such health care facility have not been made at least thirty days prior to closure; or(5) The department determines that an emergency exists, whether or not it has initiated revocation or nonrenewal procedures, and because of the unwillingness or inability of the licensee, owner, or operator to remedy the emergency, the department believes a receiver is necessary.Source  Laws 1983, LB 274,  2;   R.S.1943, (1990),  71-6002;  Laws 1995, LB 406,  61;  Laws 2020, LB1053,  14.  
71-2086.  Appointment of receiver; procedure; temporary receiver; purpose of receivership.(1) The department shall file the petition for the appointment of a receiver provided for in section 71-2085 in the district court of Lancaster County or the county where the health care facility is located and shall request that a receiver be appointed for the health care facility. Unless otherwise approved by the court, no person shall be appointed as a receiver for more than six health care facilities at the same time.(2) The court shall expeditiously hold a hearing on the petition within seven days after the filing of the petition. The department shall present evidence at the hearing in support of the petition. The licensee, owner, or operator may also present evidence, and both parties may subpoena witnesses. The court may appoint a temporary receiver for the health care facility ex parte if the department, by affidavit, states that an emergency exists which presents an imminent danger of death or physical harm to the residents or patients of the health care facility. If a temporary receiver is appointed, notice of the petition and order shall be served on the licensee, owner, operator, or administrator of the health care facility within seventy-two hours after the entry of the order. The petition and order may be served by any method specified in section 25-505.01 or the court may permit substitute or constructive service as provided in section 25-517.02 when service cannot be made with reasonable diligence by any of the methods specified in section 25-505.01. A hearing on the petition and temporary order shall be held within seventy-two hours after notice has been served unless the licensee, owner, or operator consents to a later date. After the hearing the court may terminate, continue, or modify the temporary order. If the court determines that the department did not have probable cause to submit the affidavit in support of the appointment of the temporary receiver, the court shall have the jurisdiction to determine and award compensatory damages against the state to the owner or operator. If the licensee, owner, or operator informs the court at or before the time set for hearing that the licensee, owner, or operator does not object to the petition, the court shall waive the hearing and at once appoint a receiver for the health care facility.(3) The purpose of a receivership created under this section is to safeguard the health, safety, and continuity of care of residents and patients and to protect them from adverse health effects. A receiver shall not take any actions or assume any responsibilities inconsistent with this purpose. No person shall impede the operation of a receivership created under this section. After the appointment of a receiver, there shall be an automatic stay of any action that would interfere with the functioning of the health care facility, including, but not limited to, cancellation of insurance policies executed by the licensee, owner, or operator, termination of utility services, attachments or setoffs of resident trust funds or working capital accounts, and repossession of equipment used in the health care facility. The stay shall not apply to any licensure, certification, or injunctive action taken by the department.Source  Laws 1983, LB 274,  3;   R.S.1943, (1990),  71-6003;  Laws 1995, LB 406,  62;  Laws 2007, LB296,  521;  Laws 2020, LB1053,  15.  
71-2087.  Receiver; appointment; effect; duties.When a receiver is appointed under section 71-2086, the licensee, owner, or operator shall be divested of possession and control of the health care facility in favor of the receiver. The appointment of the receiver shall not affect the rights of the owner or operator to defend against any claim, suit, or action against such owner or operator or the health care facility, including, but not limited to, any licensure, certification, or injunctive action taken by the department. A receiver shall:(1) Take such action as is reasonably necessary to protect and conserve the assets or property of which the receiver takes possession or the proceeds of any transfer of the assets or property and may use them only in the performance of the powers and duties set forth in this section and section 71-2088 or by order of the court;(2) Apply the current revenue and current assets of the health care facility to current operating expenses and to debts incurred by the licensee, owner, or operator prior to the appointment of the receiver. The receiver may apply to the court for approval for payment of debts incurred prior to appointment if the debts appear extraordinary, of questionable validity, or unrelated to the normal and expected maintenance and operation of the health care facility or if the payment of the debts will interfere with the purposes of the receivership. The receiver shall give priority to expenditures for current, direct resident care, including nursing care, social services, dietary services, and housekeeping;(3) Be responsible for the payment of taxes against the health care facility which become due during the receivership, including property taxes, sales and use taxes, withholding, taxes imposed pursuant to the Federal Insurance Contributions Act, and other payroll taxes, but not including state and federal taxes which are the liability of the owner or operator;(4) Be entitled to and take possession of all property or assets of residents or patients which are in the possession of the licensee, owner, operator, or administrator of the health care facility. The receiver shall preserve all property, assets, and records of residents or patients of which the receiver takes possession and shall provide for the prompt transfer of the property, assets, and necessary and appropriate records to the alternative placement of any transferred or discharged resident;(5) Upon order of the court, provide for the orderly transfer of all residents or patients in the health care facility to other suitable facilities if correction of violations of federal and state laws and regulations is not possible or cannot be completed in a timely manner or there are reasonable grounds to believe the health care facility cannot be operated on a sound financial basis and in compliance with all applicable federal or state laws and regulations or make other provisions for the continued health, safety, and welfare of the residents or patients;(6) Conduct a thorough analysis of the financial records of the health care facility within the first thirty days of the receivership, perform ongoing accountings throughout the remainder of the receivership, and provide monthly reports of the financial status of the health care facility to the court and the department; and(7) Make monthly reports to the court and the department related to plans for continued operation or sale of the health care facility.Source  Laws 1995, LB 406,  63;  Laws 2020, LB1053,  16.  
71-2088.  Receiver; powers.A receiver appointed under section 71-2086 may exercise those powers and shall perform those duties set out by the court. A receiver may:(1) Assume the role of administrator and take control of day-to-day operations or name an administrator to conduct the day-to-day operations of the health care facility subject to the supervision and direction of the receiver;(2) Remedy violations of federal and state laws and regulations governing the operation of the health care facility;(3) Let contracts and hire agents and employees, including legal counsel, to carry out the powers and duties of the receiver; and(4) Hire or discharge any employees including the administrator.Source Laws 1995, LB 406,  64. 
71-2089.  Receiver; litigation authorized.The receiver in its discretion may, but shall not be required to, defend any claim, suit, or action against the receiver or the health care facility arising out of conditions, actions, or circumstances occurring or continuing at the health care facility after the appointment of the receiver. The receiver in its discretion may, but shall not be required to, defend any licensure, certification, or injunctive action initiated by the department after its appointment. The receiver shall not appeal or continue the appeal of any licensure or certification action initiated by the department against the health care facility before the appointment of the receiver. The receiver shall cooperate with the owner or operator in any defense undertaken by the owner or operator against any claim, suit, or action against him or her or the health care facility, including, but not limited to, any licensure, certification, or injunctive action taken by the department.Source Laws 1995, LB 406,  65. 
71-209.  Examinations; application; fee.Each applicant for an examination shall (1) make application to the Board of Barber Examiners on blank forms prepared and furnished by the board, such application to contain the applicant's social security number and proof under the applicant's oath of the particular qualifications of the applicant; (2) furnish to the board two portrait-type photographs of the applicant at least passport size but not to exceed three by five inches showing a sufficient portion of the applicant's face with sufficient clarity so as to permit the Board of Barber Examiners to identify the applicant, each of which photographs shall be signed by the applicant, one such photograph to accompany the application and to be attached thereto, and one to be returned to the applicant, to be presented to the board when the applicant appears for examination; and (3) pay to the board the required fee. The applicant shall not be entitled to the return of the required fee by reason of his or her failure to report for the examination.Source   Laws 1927, c. 163,  7, p. 429;   C.S.1929,  71-2009;   R.S.1943,  71-209;   Laws 1963, c. 409,  14, p. 1320;  Laws 1971, LB 1020,  15;  Laws 1978, LB 722,  9;  Laws 1997, LB 752,  166.  
71-2090.  Property and records; inspection by department.The department may inspect the health care facility at any time during the receivership, and the receiver shall cooperate with the department in any such inspection. All records required by federal or state statutes and regulations shall be kept on the premises of the health care facility and shall be available for inspection and copying by any authorized employee of the department.Source Laws 1995, LB 406,  66. 
71-2091.  Receivership; receiver responsibility; successor appointed; when.The receiver is responsible for the conduct of the health care facility during the receivership. The department may apply to the court for an order terminating the appointment of a receiver and appointing a successor receiver when violations of federal or state laws or regulations occur during the receivership or for other appropriate reasons.Source Laws 1995, LB 406,  67. 
71-2092.  Receivership; termination; procedure; failure to terminate; effect.(1) A receivership established under section 71-2086 may be terminated by the district court which established it after a hearing upon an application for termination. The application may be filed:(a) Jointly by the receiver and the current licensee of the health care facility which is in receivership, stating that the deficiencies in the operation, maintenance, or other circumstances which were the grounds for establishment of the receivership have been corrected and that there are reasonable grounds to believe that the health care facility will be operated in compliance with all applicable statutes and the rules and regulations adopted and promulgated pursuant thereto;(b) By the current licensee of the health care facility, alleging that termination of the receivership is merited for the reasons set forth in subdivision (a) of this subsection, but that the receiver has declined to join in the petition for termination of the receivership;(c) By the receiver, stating that all residents or patients of the health care facility have been relocated elsewhere and that there are reasonable grounds to believe it will not be feasible to again operate the health care facility on a sound financial basis and in compliance with federal and state laws and regulations and asking that the court approve the surrender of the license of the health care facility to the department and the subsequent return of the control of the premises of the health care facility to the owner of the premises; or(d) By the department (i) stating that the deficiencies in the operation, maintenance, or other circumstances which were the grounds for establishment of the receivership have been corrected and that there are reasonable grounds to believe that the health care facility will be operated in compliance with all applicable statutes and the rules and regulations adopted and promulgated pursuant thereto or (ii) stating that there are reasonable grounds to believe that the health care facility cannot be operated in compliance with federal or state law and regulations and asking that the court order the removal of the residents or patients to appropriate alternative placements, the closure of the facility, and the license, if any, surrendered to the department or that the health care facility be sold under reasonable terms approved by the court to a new owner meeting the requirements for licensure by the department.(2) If the receivership has not been terminated within six months after the appointment of the receiver, the court shall, after hearing, order either that the health care facility be closed after an orderly transfer of the residents or patients to appropriate alternative placements or that the health care facility be sold under reasonable terms approved by the court to a new owner meeting the requirements for licensure by the department. The closure or sale shall occur within sixty days after the court order, unless ordered otherwise, to protect the health, safety, and welfare of the residents or patients.Source  Laws 1983, LB 274,  4;   R.S.1943, (1990),  71-6004;  Laws 1995, LB 406,  68;  Laws 2020, LB1053,  17.  
71-2093.  Receivership; payment of expenses.The health care facility for which a receiver is appointed shall be responsible for payment of the expenses of a receivership established under section 71-2086 unless the court directs otherwise. The expenses include, but are not limited to:(1) Compensation for the receiver and any related receivership expenses approved by the court;(2) Expenses incurred by the health care facility for the continuing care of the residents or patients of the health care facility;(3) Expenses incurred by the health care facility for the maintenance of buildings and grounds of the health care facility; and(4) Expenses incurred by the health care facility in the ordinary course of business, such as employees' salaries and accounts payable.Source  Laws 1983, LB 274,  5;   R.S.1943, (1990),  71-6005;  Laws 1995, LB 406,  69;  Laws 2020, LB1053,  18.  
71-2094.  Action against receiver; requirements; Attorney General; defense or representation; conditions; costs.(1) No person shall bring an action against a receiver appointed under section 71-2086 without first securing leave of the court. The receiver and the members and officers of the receiver are liable in their individual capacity for intentional wrongdoing or gross negligence.(2) In all other cases, the receiver is liable in the receiver's official capacity only, and any judgment rendered shall be satisfied out of the receivership assets. The receiver is not liable in the receiver's individual capacity for the expenses of the health care facility during the receivership. The receiver is an employee of the state only for the purpose of defending a claim filed against the receiver in the receiver's official capacity. If an action is brought against a receiver in the receiver's official capacity, the receiver may file a written request for counsel with the Attorney General asserting that such civil action is based in fact upon an alleged act or omission in the course and scope of the receiver's duties. The Attorney General shall thereupon appear and defend the receiver unless after investigation the Attorney General finds that the claim or demand does not arise out of an alleged act or omission occurring in the course and scope of the receiver's duties or the act or omission complained of amounted to intentional wrongdoing or gross negligence, in which case the Attorney General shall give the receiver written notice that defense of the claim or representation before the court has been rejected.(3) A receiver against whom a claim is made, which is not rejected by the Attorney General pursuant to subsection (2) of this section, shall cooperate fully with the Attorney General in the defense of such claim. If the Attorney General determines that such receiver has not cooperated or has otherwise acted to prejudice the defense of the claim or the appearance, the Attorney General may at any time reject the defense of the claim before the court.(4) If the Attorney General rejects the defense of a claim pursuant to subsection (2) of this section or if it is established by the judgment ultimately rendered on the claim that the act or omission complained of was not in the course or scope of the receiver's duties or amounted to intentional wrongdoing or gross negligence, no public money shall be paid in settlement of such claim or in payment of any judgment against such receiver. Such action by the Attorney General shall not prejudice the right of the receiver to assert and establish as a defense that the claim arose out of an alleged act or omission occurring in the course and scope of the receiver's duties or that the act or omission complained of did not amount to intentional wrongdoing or gross negligence. If the receiver is successful in asserting such defense, the receiver shall be indemnified for the reasonable costs of defending the claim.(5) If the receiver has been defended by the Attorney General and it is established by the judgment ultimately rendered on the claim that the act or omission complained of amounted to intentional wrongdoing or gross negligence, the judgment against the receiver shall provide for payment to the state of the state's costs, including a reasonable attorney's fee.Source  Laws 1995, LB 406,  70;  Laws 2020, LB1053,  19.  
71-2095.  Receivership; acts not precluded; effect on liability.Sections 71-2086 to 71-2094 shall not:(1) Preclude the sale or lease of a health care facility as otherwise provided by law; or(2) Affect the civil or criminal liability of the licensee, owner, or operator of the health care facility placed in receivership for any acts or omissions of the licensee, owner, or operator which occurred before the receiver was appointed.Source  Laws 1983, LB 274,  6;   R.S.1943, (1990),  71-6006;  Laws 1995, LB 406,  71.  
71-2096.  Interference with enforcement; penalty.(1) Any person who prevents or interferes with or attempts to impede in any way any duly authorized representative of the department in the lawful enforcement of sections 71-2084 to 71-2096 shall be guilty of a Class IV misdemeanor. For purposes of this subsection, lawful enforcement includes, but is not limited to, (a) contacting or interviewing any resident or patient of a health care facility in private at any reasonable hour and without advance notice, (b) examining any relevant books or records of a health care facility, or (c) preserving evidence of any violations of sections 71-2084 to 71-2096.(2) The county attorney of the county in which the health care facility is located or the Attorney General may be requested by the department to initiate prosecution.Source  Laws 1983, LB 274,  7;   R.S.1943, (1990),  71-6007;  Laws 1995, LB 406,  72;  Laws 2007, LB296,  522. 
71-2097.  Terms, defined.For purposes of sections 71-2097 to 71-20,101:(1) Civil penalty includes any remedy required under federal law and includes the imposition of a civil money penalty;(2) Department means the Department of Health and Human Services;(3) Federal regulations for participation in the medicaid program means the regulations found in 42 C.F.R. parts 442 and 483, as amended, for participation in the medicaid program under Title XIX of the federal Social Security Act, as amended; and(4) Nursing facility means any intermediate care facility or nursing facility, as defined in sections 71-420 and 71-424, which receives federal and state funds under Title XIX of the federal Social Security Act, as amended.Source  Laws 1996, LB 1155,  72;  Laws 1997, LB 307,  180;  Laws 2000, LB 819,  103;  Laws 2007, LB296,  523;  Laws 2019, LB22,  1.  
71-2098.  Civil penalties; department; powers.(1) The department may assess, enforce, and collect civil penalties against a nursing facility which the department has found in violation of federal regulations for participation in the medicaid program pursuant to the authority granted to the department under section 81-604.03.(2) If the department finds that a violation is life threatening to one or more residents or creates a direct threat of serious adverse harm to one or more residents, a civil penalty shall be imposed for each day the deficiencies which constitute the violation exist. The department may assess an appropriate civil penalty for other violations based on the nature of the violation. Any civil money penalty assessed shall not be less than fifty dollars nor more than ten thousand dollars for each day the facility is found to be in violation of such federal regulations. Any civil money penalty assessed shall include interest at the rate specified in section 45-104.02, as such rate may from time to time be adjusted.Source  Laws 1996, LB 1155,  73;  Laws 1997, LB 307,  181;  Laws 2007, LB296,  524;  Laws 2019, LB22,  2.  
71-2099.  Civil penalties; type and amount; criteria.The department shall adopt criteria for determining the type and amount of the civil penalty assessed under section 71-2098. Such criteria shall include, but need not be limited to, consideration of the following factors:(1) The period of time over which the violation occurred;(2) The frequency of the violation;(3) The nursing facility's history concerning the type of violation for which the civil penalty is assessed;(4) The nursing facility's intent or reason for the violation;(5) The effect, if any, of the violation on the health, safety, security, or welfare of the residents;(6) The existence of other violations, in combination with the violation for which the civil penalty is assessed, which increase the threat to the health, safety, security, rights, or welfare of the residents;(7) The accuracy, thoroughness, and availability of records regarding the violation, which the nursing facility is required to maintain; and(8) The number of additional related violations occurring within the same time span as the violation in question.Source  Laws 1996, LB 1155,  74;  Laws 1997, LB 307,  182;  Laws 2007, LB296,  525. 
71-210.  Examinations; scope; when and where held; reexamination.The Board of Barber Examiners shall conduct examinations of applicants for certificates of registration to practice as registered barber instructors and registered barbers, not less than four times each year at such time and places as the board may determine. The examination of applicants for certificates of registration as registered barbers shall include both a practical demonstration and a written test, and shall embrace the subjects usually taught in schools of barbering approved by the board. If the applicant fails either the practical demonstration or the written test, reexamination shall be necessary for only the test that was failed. Every student entering a recognized school must have the date of his or her entrance registered with the board.Source   Laws 1927, c. 163,  8, p. 429;   C.S.1929,  71-2010;   R.S.1943,  71-210;   Laws 1963, c. 409,  15, p. 1321;  Laws 1978, LB 722,  10;  Laws 1983, LB 87,  18.  
71-2101.  Sudden infant death syndrome; legislative findings.The Legislature finds that sudden infant death syndrome is the sudden, unexpected death of an apparently healthy infant less than one year of age that remains unexplained after the performance of a complete postmortem investigation, including an autopsy, an examination of the scene of death, and a review of the medical history. The Legislature further finds that, despite the success of prevention efforts, sudden infant death syndrome has been the second leading cause of death for infants in Nebraska for the last twenty years. Although there are no known ways to prevent sudden infant death syndrome in all cases, there are steps that parents and caregivers can take to reduce the risk of sudden infant death. The Legislature further finds and declares that there is a present and growing need to provide additional programs aimed at reducing the number of cases of sudden infant death syndrome in Nebraska.Source Laws 2006, LB 994,  147.
71-2102.  Abusive head trauma; legislative findings.The Legislature finds that abusive head trauma may occur when an infant or child is violently shaken as part of a pattern of abuse or because an adult has momentarily succumbed to the frustration of responding to a crying infant or child. The Legislature further finds that the injuries sustained by the infant or child can include brain swelling and damage, subdural hemorrhage, intellectual disability, or death. The Legislature further finds and declares that there is a present and growing need to provide programs aimed at reducing the number of cases of abusive head trauma in infants and children in Nebraska.Source  Laws 2006, LB 994,  148;  Laws 2013, LB23,  33;  Laws 2019, LB60,  2.  
71-2103.  Information for parents of newborn child; requirements.Every hospital, birth center, or other medical facility that discharges a newborn child shall request that each maternity patient and father of a newborn child, if available, view a video presentation and read printed materials, approved by the Department of Health and Human Services, on the dangers of shaking infants and children, the symptoms of abusive head trauma in infants and children, the dangers associated with rough handling or the striking of an infant, safety measures which can be taken to prevent sudden infant death and abusive head trauma in infants and children, including crying plans, and the dangers associated with infants sleeping on the same surface with other children or adults. After viewing the presentation and reading the materials or upon a refusal to do so, the hospital, birth center, or other medical facility shall request that the mother and father, if available, sign a form stating that he or she has viewed and read or refused to view and read the presentation and materials. Such presentation, materials, and forms may be provided by the department.Source  Laws 2006, LB 994,  149;  Laws 2019, LB60,  3.  
71-2104.  Public awareness activities; duties.The Department of Health and Human Services shall conduct public awareness activities designed to promote the prevention of sudden infant death syndrome and abusive head trauma in infants and children. The public awareness activities may include, but not be limited to, public service announcements, information kits and brochures, and the promotion of preventive telephone hotlines.Source  Laws 2006, LB 994,  150;  Laws 2019, LB60,  4.  
71-211.01.  Licensee; license expired while serving in armed forces; reinstatement; requirements.All licensees provided for in the Barber Act whose valid licenses have expired while serving in the armed forces of the United States may have such licenses reinstated without further examination upon their return from the armed forces and payment of the necessary fees, if the request for reinstatement was made to the board within ninety days after discharge from the armed forces. Any licensee requesting reinstatement must accompany such request with a copy of his or her discharge from the armed forces.Source  Laws 1971, LB 1020,  16;  Laws 1997, LB 622,  88.  
71-211.  Certificates of registration; kinds; issuance; when authorized.Whenever the provisions of sections 71-201 to 71-224 have been complied with, the Board of Barber Examiners shall issue a certificate of registration as a registered barber instructor or registered barber, or a certificate of approval of a barber school.Source   Laws 1927, c. 163,  9, p. 430;   C.S.1929,  71-2011;   R.S.1943,  71-211;   Laws 1963, c. 409,  16, p. 1321;  Laws 1983, LB 87,  19.  
71-212.  Practice of barbering in another state or country; eligibility to take examination; successive examinations; failure to appear; notice of next regular examination.A person who (1) is of good moral character and temperate habits, (2) has a diploma showing graduation from high school or its equivalent as determined by successfully passing a general educational development test, and (3) has a license and certificate of registration as a practicing barber from another state or country which has substantially the same requirements for licensing or registering barbers as required by the Barber Act, shall upon payment of the required fee be given an examination by the board at the next regular examination to determine his or her fitness to receive a certificate of registration to practice barbering. If any person fails to pass a required examination, he or she shall be entitled to submit himself or herself for examination by the board at the next examination given by the board. If he or she fails at the third examination, no further examination shall be granted. If an applicant fails to appear when requested for an examination, he or she shall be notified by the board as to the time of the next regular examination, at which he or she shall appear.Source   Laws 1927, c. 163,  10, p. 430;   Laws 1929, c. 154,  6, p. 536;   C.S.1929,  71-2012;   R.S.1943,  71-212;   Laws 1957, c. 294,  5, p. 1055;   Laws 1963, c. 409,  17, p. 1321;  Laws 1971, LB 1020,  17;  Laws 1972, LB 1183,  3;  Laws 1978, LB 722,  11;  Laws 1997, LB 622,  89;  Laws 1999, LB 272,  22.  
71-215.  Certificate of registration; certificate of approval of schools; how and where displayed.Every holder of a certificate of registration shall display it in a conspicuous place within the work area of the barber shop. The certificate of approval of a barber school and certificate of registration as a registered barber instructor employed by the school shall be conspicuously displayed on the premises of the school.Source   Laws 1927, c. 163,  12, p. 432;   C.S.1929,  71-2016;   R.S.1943,  71-215;   Laws 1963, c. 409,  19, p. 1322;  Laws 1971, LB 1020,  19.  
71-216.01.  Applicant; certificate; examination; failure to pass; effect.A graduate from a school of barbering who fails to pass a satisfactory examination may take the examination next time that the examination is given by the Board of Barber Examiners without being required to take any further course of study. Should the applicant fail the examination a second time, the applicant shall be required to complete a further course of study of not less than five hundred hours to be completed within three months of not more than ten hours in any one working day in a school of barbering approved by the Board of Barber Examiners before the applicant may be permitted to take the examination a third time.Source   Laws 1927, c. 163,  5A, p. 429;   C.S.1929,  71-2007;   R.S.1943,  71-207;   Laws 1963, c. 409,  7, p. 1318;   R.R.S.1943,  71-207;  Laws 1971, LB 1020,  30;  Laws 1983, LB 87,  21.  
71-216.  Registered barber instructor, assistant barber instructor, or barber; barber school; renewal of registration or license; barber on inactive status; renewal of license; failure to renew for five years; effect.Every registered barber instructor and licensed barber who continues in active practice or service shall on or before June 30 of each even-numbered year renew his or her license or registration and pay the required fee. Such license or registration shall be effective as of July 1 of each even-numbered year and shall terminate on June 30 of the next succeeding even-numbered year.Every registered assistant barber instructor shall, subject to the requirements of section 71-208.02, renew his or her registration on or before its expiration date during the period of its validity established by such section and pay the required fee.Every barber school shall on or before June 30 of each even-numbered year obtain renewal of its license and pay the required fee. Such renewal shall be effective as of July 1 of each even-numbered year and shall expire on June 30 of the next succeeding even-numbered year.Any licensed barber, registered barber instructor, registered assistant barber instructor, or barber school which fails to renew his, her, or its license or registration on or before the expiration date may renew such license or registration by payment of the renewal fee and a late renewal fee established by the board within sixty days after such date or such other time period as the board establishes.Any barber on inactive status or who withdraws from the active practice of barbering may renew his or her license within five years of its expiration date upon the payment of the required restoration fee. Any barber who fails to renew his or her license for five consecutive years shall be required to successfully complete the examination for issuance of a new license.Source   Laws 1927, c. 163,  13, p. 432;   C.S.1929,  71-2017;   R.S.1943,  71-216;   Laws 1963, c. 409,  20, p. 1323;   Laws 1965, c. 417,  5, p. 1331;  Laws 1971, LB 1020,  20;  Laws 1975, LB 66,  2;  Laws 1978, LB 722,  12;  Laws 1983, LB 87,  20;  Laws 1993, LB 226,  6;  Laws 2009, LB195,  56. 
71-217.  Barbering; certificate; denial, suspension, or revocation; grounds.The board may either refuse to issue or renew or may suspend or revoke any certificate of registration or approval for any one or a combination of the following causes: (1) Conviction of a felony shown by a certified copy of the record of the court of conviction; (2) gross malpractice or gross incompetency; (3) continued practice by a person knowingly having an infectious or contagious disease; (4) advertising by means of knowingly false or deceptive statements or in violation of section 71-223.02; (5) advertising, practicing, or attempting to practice under a trade name or any name other than one's own; (6) habitual drunkenness or habitual addiction to the use of morphine, cocaine, or other habit-forming drugs; (7) immoral or unprofessional conduct; (8) violation of any of the provisions of sections 71-201 to 71-237 or of any valid regulation promulgated by the board pertaining to service charges, sanitation, and the elimination of unfair practices; and (9) any check presented to the board as a fee for either an original license or renewal license or for examination for license or any other fee authorized in sections 71-201 to 71-237 which is returned to the State Treasurer unpaid.Source   Laws 1927, c. 163,  14, p. 432;   C.S.1929,  71-2018;   R.S.1943,  71-217;   Laws 1945, c. 166,  2, p. 533;   Laws 1961, c. 388,  3, p. 1060;   Laws 1963, c. 409,  21, p. 1323;  Laws 1983, LB 87,  22;  Laws 1996, LB 1044,  482;  Laws 1997, LB 622,  90.  
71-218.  Certificate; refusal, suspension, or revocation; notice; hearing; powers of board; powers of district court.The Board of Barber Examiners may not refuse to renew, suspend, or revoke any certificate of registration or approval under the provisions of section 71-217 unless the person accused has been given at least twenty days' notice in writing of the charge against him and a public hearing by the board. Upon the hearing of any such proceeding, the board may administer oaths and may procure, by its subpoena, the attendance of witnesses and the production of relevant books and papers. Any district court, or any judge of the district court, either in term time or in vacation, upon application either of the accused or of the board may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers before the board in any hearing relating to the refusal, suspension or revocation of certificates of registration or approval.Source   Laws 1927, c. 163,  15, p. 433;   C.S.1929,  71-2019;   R.S.1943,  71-218;   Laws 1963, c. 409,  22, p. 1324;  Laws 1978, LB 722,  13.  
71-219.01.  Application for license to operate barber school or college; form; contents; transfer; fees.Application for a license to operate a barber school or college shall be made on a form furnished by the board. It shall contain such information relative to ownership, management, instructors, number of students, and other data concerning such business as may be required by the board. The board shall collect, in addition to the approval fee, a fee in an amount set by the board for every barber school opened after August 27, 1971. The fee for approval of a barber school or college, the fee for reinstatement of a delinquent license, and the fee for the transfer of license or change of ownership of a barber school or college shall be set by the board. No fee shall be collected if the change in ownership is caused by a present license owner incorporating.Source  Laws 1971, LB 1020,  22;  Laws 1975, LB 66,  6;  Laws 1997, LB 622,  91;  Laws 2009, LB195,  58. 
71-219.02.  Application for license to establish a barber shop; form; contents; transfer; fees; inspection.Application for a license to establish a barber shop shall be made on a form furnished by the board. It shall contain such information relative to ownership, management, sanitation, and other data concerning such business as may be required by the board. The board shall collect with such application, in addition to the license fee, a fee to be set by the board. A fee shall be collected for the transfer of license or change of ownership of a barber shop, but no fee shall be collected if the ownership results merely from a present license holder incorporating his or her business. Every barber shop shall be called upon by the state barber inspector at least once each licensing period for the purpose of inspection in order to be eligible for a permit to conduct a barber shop, and no license shall be issued unless all deficiencies found by inspection of such shop have been corrected.Source  Laws 1975, LB 66,  5;  Laws 1978, LB 722,  15;  Laws 1997, LB 622,  92;  Laws 2009, LB195,  59. 
71-219.03.  Board of Barber Examiners; set fees; manner; annual report.The Board of Barber Examiners shall set the fees at a level sufficient to provide for all expenses and salaries of the board authorized in section 71-222 and in such a manner that unnecessary surpluses are avoided. The board shall annually file a report with the Attorney General and the Legislative Fiscal Analyst stating the amount of the fees set by the board. Such report shall be submitted on or before July 1 of each year. The report submitted to the Legislative Fiscal Analyst shall be submitted electronically.Source  Laws 1975, LB 66,  7;  Laws 2012, LB782,  102;  Laws 2020, LB381,  58.  
71-219.04.  Barber shop or school; reinspection; fees.When it is necessary for an inspector to reinspect a barber shop or barber school to determine if a violation has been corrected, there shall be a fee assessed to the barber, barber shop owner, instructor, or barber school owner for the first, second, and third callback inspection. The fees shall be an amount set by the board.Source  Laws 1983, LB 87,  13;  Laws 1997, LB 622,  93.  
71-219.  Barbering fees; set by board; enumerated.The board shall set the fees to be paid:(1) By an applicant for an examination to determine his or her fitness to receive a license to practice barbering or a registration as a barber instructor and for the issuance of the license or registration;(2) By an applicant for registration as an assistant barber instructor;(3) For the renewal of a license to practice barbering and for restoration of an inactive license;(4) For the renewal of a registration to practice as a barber instructor and for the restoration of an inactive registration;(5) For renewal of a registration to practice as an assistant barber instructor;(6) For late renewal of a license issued under the Barber Act;(7) For an application for a license to establish a barber shop or barber school and for the issuance of a license;(8) For the transfer of license or change of ownership of a barber shop or barber school;(9) For renewal of a barber license, barber instructor registration, barber shop license, or barber school license;(10) For an application for a temporary license to conduct classes of instruction in barbering;(11) For an affidavit for purposes of reciprocity or for issuance of a certification of licensure for purposes of reciprocity;(12) For an application for licensure without examination pursuant to section 71-239.01 and for the issuance of a license pursuant to such section;(13) For the sale of listings or labels; and(14) For a returned check because of insufficient funds or no funds.Source   Laws 1927, c. 163,  16, p. 433;   Laws 1929, c. 154,  8, p. 537;   C.S.1929,  71-2020;   Laws 1933, c. 121,  1, p. 490;   C.S.Supp.,1941,  71-2020;   R.S.1943,  71-219;   Laws 1953, c. 238,  6, p. 827;   Laws 1957, c. 294,  7, p. 1056;   Laws 1963, c. 409,  23, p. 1324;   Laws 1965, c. 417,  6, p. 1332;  Laws 1971, LB 1020,  21;  Laws 1972, LB 1183,  4;  Laws 1975, LB 66,  3;  Laws 1978, LB 722,  14;  Laws 1983, LB 87,  23;  Laws 1993, LB 226,  7;  Laws 2009, LB195,  57;  Laws 2022, LB705,  3.   Effective Date: April 19, 2022  Annotations Repeal of former act was valid. Day v. Walker, 124 Neb. 500, 247 N.W. 350 (1933).
71-220.01.  Violation; nuisance; abatement or other relief.A violation of the Barber Act by any person shall constitute a nuisance and the board, acting in the name of the state, shall be authorized to file suit in the district court of the district in which the alleged violation occurred for the purpose of seeking an abatement of such nuisance and for such other relief as the court may deem appropriate to grant. The procedure in the district court shall be the same as the procedure for matters in equity in the district court of Nebraska.Source  Laws 1971, LB 1020,  24;  Laws 1997, LB 622,  94.  
71-220.  Violation; penalty.Any person, firm, or corporation, their agents or servants, who shall violate any of the provisions of sections 71-201 to 71-237 shall be deemed guilty of a Class III misdemeanor.Source   Laws 1927, c. 163,  17, p. 434;   Laws 1929, c. 154,  9, p. 538;   C.S.1929,  71-2021;   R.S.1943,  71-220;   Laws 1957, c. 294,  8, p. 1057;  Laws 1971, LB 1020,  23;  Laws 1977, LB 39,  147.  Annotations Under former law section prescribed no penalty for cutting hair without a haircutters' certificate of registration as required by former section 71-203. Lane v. State, 120 Neb. 302, 232 N.W. 96 (1930).
71-2201.  Maternal and Child Health and Public Health Work Fund; created; investment.There is created a Maternal and Child Health and Public Health Work Fund in the treasury of the State of Nebraska, to be administered by the Department of Health and Human Services for maternal and child health and for public health work, as provided by law. 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.Source   Laws 1935, Spec. Sess., c. 29,  1, p. 178;   C.S.Supp.,1941,  81-5718;   R.S.1943,  81-609;   Laws 1969, c. 584,  72, p. 2388;  Laws 1995, LB 7,  76;  Laws 1996, LB 1044,  613;  Laws 2007, LB296,  530. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-2202.  Maternal and Child Health and Public Health Work Fund; administration.The Department of Health and Human Services shall administer the fund for maternal and child health and public health services throughout the State of Nebraska. Seventy-five percent of the fund shall be used for maternal and child health activities in this state, and twenty-five percent shall be used for public health work, if such amounts are needed therefor.Source   Laws 1935, Spec. Sess., c. 29,  2, p. 178;   C.S.Supp.,1941,  81-5719;   R.S.1943,  81-610;  Laws 1996, LB 1044,  614;  Laws 2007, LB296,  531. 
71-2203.  Maternal and Child Health and Public Health Work Fund; disbursements; how made.Disbursements from the fund referred to in section 71-2201 shall be made upon vouchers signed by an authorized representative of the Department of Health and Human Services and warrants approved by the Director of Administrative Services.Source   Laws 1935, Spec. Sess., c. 29,  4, p. 178;   C.S.Supp.,1941,  81-5721;   R.S.1943,  81-611;  Laws 1996, LB 1044,  615;  Laws 2007, LB296,  532. 
71-2204.  Maternal and Child Health and Public Health Work Fund; federal aid; acceptance.The fund created by section 71-2201 may be augmented by grants from the United States and by such additional appropriations as may be made by law.Source   Laws 1935, Spec. Sess., c. 29,  5, p. 178;   C.S.Supp.,1941,  81-5722;   R.S.1943,  81-612.  
71-2205.  Construction of sections.Sections 71-2205 to 71-2208 shall be construed to be new, independent and supplemental legislation with reference to the subjects of maternal and child welfare.Source   Laws 1935, Spec. Sess., c. 31,  1, p. 190;   C.S.Supp.,1941,  81-5723;   R.S.1943,  81-613.  
71-2207.  Maternal and child health funds; how used.The funds allocated for maternal and child health in this state shall be used and distributed subject to the supervision of the Department of Health and Human Services: (1) For promoting the health of mothers and children, especially in rural areas, suffering from some economic distress; (2) for the establishment, extension, and improvement of local maternal and child health services to be administered by local child health units; and (3) for demonstration services in needy areas and among groups in special need. The department shall also cooperate with licensed physicians and surgeons and with nursing and welfare groups and organizations for the purposes herein expressed.Source   Laws 1935, Spec. Sess., c. 31,  3, p. 190;   C.S.Supp.,1941,  81-5725;   R.S.1943,  81-615;  Laws 1996, LB 1044,  617;  Laws 2007, LB296,  533. 
71-2208.  Maternal and child health; reports by Department of Health and Human Services; to whom made.The Department of Health and Human Services shall make quarterly or more frequent reports of the administration of sections 71-2205 to 71-2208, and all expenditures thereunder, to the Chief of the Children's Bureau of the United States Department of Labor, and shall comply with requests for information from the Secretary of Labor of the United States or his or her agencies, if federal funds are granted to this state for the purposes mentioned in such sections.Source   Laws 1935, Spec. Sess., c. 31,  4, p. 190;   C.S.Supp.,1941,  81-5726;   R.S.1943,  81-616;   Laws 1967, c. 437,  2, p. 1344;  Laws 1996, LB 1044,  618;  Laws 2007, LB296,  534. 
71-221.  Board of Barber Examiners; established; members; qualifications; terms; appointment; removal.A board, to be known as the Board of Barber Examiners, is hereby established, to consist of three members appointed by the Governor. Each member shall be a practicing barber who has followed the occupation of barbering in this state for at least five years prior to his appointment, and who is actually engaged in the practice of barbering during the term of his appointment. The members of the first board appointed shall serve for three years, two years, and one year, respectively, as appointed, and members appointed thereafter shall serve for three years. The Governor may remove a member for cause. Members appointed to fill vacancies caused by death, resignation or removal, shall serve during the unexpired term of their predecessors.Source   Laws 1927, c. 163,  18, p. 434;   C.S.1929,  71-2022;   R.S.1943,  71-221;   Laws 1963, c. 409,  24, p. 1325;  Laws 1971, LB 1020,  25.  
71-222.01.  Director; serve at pleasure of board; salary; qualifications; bond or insurance; premium.The director, under the supervision of the Board of Barber Examiners, shall administer the provisions of sections 71-201 to 71-237, and shall serve at the pleasure of the board. His or her salary shall be fixed by the board. The director shall devote full time to the duties of his office. No person shall be eligible to the office of director who has not been engaged in the active practice of barbering as a registered barber in the state for at least five years immediately preceding his appointment. No member of the Board of Barber Examiners shall be eligible to the office of director during his or her term. The director shall be bonded or insured as required by section 11-201. The premium shall be paid as an expense of the board.Source   Laws 1963, c. 409,  26, p. 1326;   Laws 1965, c. 417,  7, p. 1333;  Laws 1971, LB 1020,  27;  Laws 1978, LB 722,  18;  Laws 1978, LB 653,  25;  Laws 2004, LB 884,  34.  
71-222.02.  Board of Barber Examiners Fund; created; use; investment.All funds collected in the administration of the Barber Act shall be remitted to the State Treasurer for credit to the Board of Barber Examiners Fund which is hereby created and which shall be expended only for the administration of the act, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Board of Barber Examiners 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.Source   Laws 1963, c. 409,  27, p. 1327;   Laws 1969, c. 584,  68, p. 2387;  Laws 1995, LB 7,  73;  Laws 2009, First Spec. Sess., LB3,  44. Cross References   Fees, see sections 33-151 and 33-152.  Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-222.  Board; officers; compensation; expenses; records; reports; employees.The board shall annually elect a president and vice president, and the board shall appoint a director who shall serve as secretary of the board. The board shall be furnished with suitable quarters in the State Capitol or elsewhere. It shall adopt and use a common seal for the authentication of its orders and records. The secretary of the board shall keep a record of all proceedings of the board. A majority of the board, in a meeting duly assembled, may perform and exercise all the duties and powers devolving upon the board. Each member of the board shall receive a compensation of seventy-five dollars per diem and shall be reimbursed for expenses incurred in the discharge of his or her duties as provided in sections 81-1174 to 81-1177, not to exceed two thousand dollars per annum. Salaries and expenses shall be paid only from the fund created by fees collected in the administration of the Barber Act, and no other funds or state money except as collected in the administration of the act shall be drawn upon to pay the expense of administration. The board shall report each year to the Governor a full statement of its receipts and expenditures and also a full statement of its work during the year, together with such recommendations as it may deem expedient. The board may employ one field inspector and such other inspectors, clerks, and other assistants as it may deem necessary to carry out the act and prescribe their qualifications. No owner, agent, or employee of any barber school shall be eligible to membership on the board.Source   Laws 1927, c. 163,  19, p. 435;   C.S.1929,  71-2023;   Laws 1933, c. 121,  2, p. 491;   C.S.Supp.,1941,  71-2023;   R.S.1943,  71-222;   Laws 1957, c. 294,  9, p. 1057;   Laws 1963, c. 409,  25, p. 1326;  Laws 1971, LB 1020,  26;  Laws 1972, LB 1183,  5;  Laws 1978, LB 722,  16;  Laws 1981, LB 204,  113;  Laws 1993, LB 226,  8;  Laws 2020, LB381,  59.  
71-2225.  Terms, defined.For purposes of sections 71-2225 to 71-2230:(1) CSF program shall mean the Commodity Supplemental Food Program administered by the United States Department of Agriculture or its successor;(2) Food instrument shall mean a voucher, check, coupon, or other document used to obtain supplemental foods;(3) Supplemental foods shall mean (a) foods containing nutrients determined to be beneficial for infants, children, and pregnant, breast-feeding, or postpartum women as prescribed by the United States Department of Agriculture for use in the WIC program and (b) foods donated by the United States Department of Agriculture for use in the CSF program; and(4) WIC program shall mean the Special Supplemental Nutrition Program for Women, Infants, and Children as administered by the United States Department of Agriculture or its successor.Source  Laws 1987, LB 643,  17;  Laws 1989, LB 344,  21;  Laws 2006, LB 994,  102.  
71-2226.  State CSF program; authorized; department; powers.The Department of Health and Human Services is authorized to have a state CSF program to protect the health and welfare of the citizens of Nebraska by providing nutritious foods donated for such program by the United States Department of Agriculture, nutrition education, and such other benefits as are available to women, infants, children, and elderly persons in Nebraska who are low income and vulnerable to malnutrition as long as federal funds are available from the CSF program and are granted to the department.To the extent consistent with state law, the Department of Health and Human Services may establish, operate, and maintain the program in a way that will qualify it to receive federal funds and that is uniform with United States Department of Agriculture's standards, enter into agreements with the federal government to establish a CSF program, adopt and promulgate rules and regulations to implement a CSF program which are consistent with federal regulations and such other rules and regulations as may be necessary to implement the CSF program, and enter into such other agreements as may be necessary to implement the program within this state.Source  Laws 1987, LB 643,  18;  Laws 1989, LB 344,  22;  Laws 1996, LB 1044,  619.  
71-2227.  State WIC program; authorized; department; powers.The Department of Health and Human Services is authorized to have a state WIC program to protect the health and welfare of citizens of Nebraska by providing nutritional supplemental foods and nutrition education to women, infants, and children who are low income and determined to be at nutritional risk as long as federal funds are available from the WIC program and are granted to the department.To the extent consistent with state law, the department may establish, operate, and maintain the program in a way that will qualify it to receive federal funds and that is uniform with United States Department of Agriculture's standards, enter into agreements with the federal government to establish a WIC program, adopt and promulgate rules and regulations to implement a WIC program which are consistent with federal regulations and such other rules and regulations as may be necessary to implement the WIC program, and enter into such other agreements as may be necessary to implement the program within this state.Source  Laws 1987, LB 643,  19;  Laws 1989, LB 344,  23;  Laws 1996, LB 1044,  620.  
71-2228.  Obtaining benefits; prohibited acts; violation; penalty.Any person who by means of a willfully false statement or representation, by impersonation, or by other device obtains or attempts to obtain or aids or abets any person to obtain or to attempt to obtain (1) a food instrument to which he, she, or it is not entitled, (2) any supplemental foods to which such person is not entitled, or (3) any other benefit administered by the Department of Health and Human Services under sections 71-2226 and 71-2227 commits an offense and shall, upon conviction, be punished as follows: (a) If the aggregate value of all funds and other benefits obtained or attempted to be obtained is less than five hundred dollars, the person so convicted shall be guilty of a Class IV misdemeanor; (b) if the aggregate value of all funds and other benefits obtained or attempted to be obtained is five hundred dollars or more but less than one thousand five hundred dollars, the person so convicted shall be guilty of a Class III misdemeanor; or (c) if the aggregate value of all funds and other benefits obtained or attempted to be obtained is one thousand five hundred dollars or more, the person so convicted shall be guilty of a Class IV felony.Source  Laws 1987, LB 643,  20;  Laws 1989, LB 344,  24;  Laws 1996, LB 1044,  621;  Laws 2015, LB605,  81.  
71-2229.  Using benefits; prohibited acts; violation; penalty.(1) A person commits an offense if he, she, or it knowingly and unlawfully uses, alters, or transfers a food instrument or supplemental food. An offense under this subsection shall be a Class IV misdemeanor if the value of the food instrument or benefit is less than five hundred dollars, shall be a Class III misdemeanor if the value of the food instrument or benefit is five hundred dollars or more but less than one thousand five hundred dollars, and shall be a Class IV felony if the value of the food instrument or benefit is one thousand five hundred dollars or more.(2) A person commits an offense if he, she, or it (a) knowingly and unlawfully possesses a food instrument or supplemental food, (b) knowingly and unlawfully redeems a food instrument, (c) knowingly falsifies or misapplies a food instrument, or (d) fraudulently obtains a food instrument. An offense under this subsection shall be a Class IV misdemeanor if the value of the food instrument or benefit is less than five hundred dollars, shall be a Class III misdemeanor if the value of the food instrument or benefit is five hundred dollars or more but less than one thousand five hundred dollars, and shall be a Class IV felony if the value of the food instrument or benefit is one thousand five hundred dollars or more.(3) A person commits an offense if he, she, or it knowingly and unlawfully possesses a blank authorization to participate in the WIC program or CSF program. An offense under this subsection shall be a Class IV felony.(4) When food instruments or supplemental foods are obtained in violation of this section pursuant to one scheme or a continuing course of conduct, whether from the same or several sources, such conduct may be considered as one offense and the values aggregated in determining the grade of the offense.Source  Laws 1987, LB 643,  21;  Laws 1989, LB 344,  25;  Laws 2015, LB605,  82.  
71-223.01.  Barber shops and barber schools; sanitary requirements; inspections.The board shall by rules and regulations duly adopted prescribe sanitary requirements for barber shops and barber schools. The board or its employees shall regularly inspect all barber shops and barber schools in this state to insure compliance with such regulations. Such sanitary requirements and inspections shall include all activities, in addition to barbering as defined in section 71-202, taking place on the licensed premises. A written report of each such inspection made shall be submitted to the board. Each school or barber shop shall be called upon at least once each licensing period for the purpose of inspection prior to the issuance of its license to be eligible for renewal of certification or registration.Source   Laws 1963, c. 409,  29, p. 1328;  Laws 1971, LB 1020,  28;  Laws 1978, LB 722,  18;  Laws 1996, LB 1044,  483;  Laws 1997, LB 622,  95;  Laws 1999, LB 121,  2;  Laws 2009, LB195,  61. 
71-223.02.  Barber schools; sign required; advertising requirements.A barber school shall display a sign indicating that it is a barber school. The sign shall be clearly visible at the main entrance. A sign shall be displayed in the clinical area indicating that all services are performed by students. A barber school which advertises the performance of any barber service shall advertise, in as conspicuous a manner as such advertisement of services, that all services are performed by students.Source   Laws 1963, c. 409,  30, p. 1328;  Laws 1993, LB 226,  10.  
71-223.04.  Class of instruction; temporary permit; issuance; requirements; fee; period valid; bond.Any person who desires to conduct any class or classes of instruction, other than a free demonstration, shall, before engaging in such instruction, make application to the Board of Barber Examiners for a temporary permit authorizing the applicant to conduct such class or classes. In order to be qualified for such temporary license, the applicant must (1) hold a valid license as a registered barber in some state in the United States; (2) have filed with the Board of Barber Examiners an application setting forth the type of classes to be conducted, the period of time the classes will be conducted, the place in which such classes are to be conducted, and the amount of tuition, if any, to be charged; and (3) pay the fee set by the board for issuance of a temporary permit. Upon being satisfied that the applicant does hold a valid license as a barber in some state in the United States, is qualified to conduct such classes, and has made arrangements to conduct such classes in facilities which otherwise meet the requirements as to health and sanitation required of a barber school in the State of Nebraska, the board shall issue a temporary license to such applicant to permit the conducting of such classes. The license shall be valid only for the classes and times set forth in the application. Before such application is delivered to an applicant other than a barber or barber school or college currently licensed in Nebraska, the applicant must post with the Board of Barber Examiners a good and sufficient surety bond, issued by a reputable bonding company licensed to do business in the State of Nebraska, for the benefit of the persons taking such class or classes in a sufficient amount to assure to such students a refund of any portion of their tuition paid but not used, in the event that such class or classes shall discontinue operation for any reason prior to the time that all of such classes have been conducted.Source  Laws 1971, LB 1020,  29;  Laws 1978, LB 722,  19.  
71-223.  Board; rules and regulations; inspections; record of proceedings.The board shall have authority to adopt and promulgate reasonable rules and regulations for the administration of the provisions of sections 71-201 to 71-224. Any member of the board, its agents, or its assistants shall have authority to enter upon and to inspect any barber shop or barber school at any time during business hours. A copy of the rules and regulations adopted by the board shall be furnished to the owner or manager of each barber shop and barber school, and it shall be posted in a conspicuous place in such barber shop or barber school. The board shall keep a record of proceedings relating to the issuance, refusal, renewal, suspension, and revocation of registrations and licenses and inspections. Such record shall also contain the name, place of business, and residence of each registered barber instructor and licensed barber and the date and number of his or her registration or license.Source   Laws 1927, c. 163,  20, p. 435;   C.S.1929,  71-2024;   R.S.1943,  71-223;   Laws 1963, c. 409,  28, p. 1327;  Laws 1993, LB 226,  9.  
71-2230.  Attorney General; enforcement.The Attorney General may take such civil action as may be necessary to enforce the provisions of sections 71-2226 to 71-2229.Source  Laws 1987, LB 643,  22;  Laws 1989, LB 344,  26.  
71-224.  Act, how cited.Sections 71-201 to 71-261 shall be known and may be cited as the Barber Act.Source   Laws 1927, c. 163,  23, p. 436;   C.S.1929,  71-2027;   R.S.1943,  71-224;  Laws 1971, LB 1020,  31;  Laws 1993, LB 226,  11;  Laws 2009, LB195,  62;  Laws 2018, LB731,  91;  Laws 2020, LB755,  25.  
71-225.  Legislative declarations.The Legislature declares that: (1) The provisions and regulations of the Barber Act are enacted in the interest of public health, public safety, and the general welfare; and (2) the skilled trade of barbering and the operation of barber shops is affected with a public interest.Source   Laws 1945, c. 174,  1, p. 554;   Laws 1957, c. 294,  10, p. 1058;  Laws 1978, LB 722,  20;  Laws 1997, LB 622,  96.  
71-227.  Board; investigate conditions and practices; notice and hearing; order.Whenever it appears to the board that practices prevail among barbers which tend to impair the health or efficiency of barbers or to endanger the health or safety of their patrons, the board shall investigate and determine whether such conditions or practices prevail. If such conditions or practices exist or are at risk of occurring, the board may, by official order and after due notice and hearing, adopt and promulgate rules and regulations to promote the purposes of the Barber Act.Source   Laws 1945, c. 174,  3, p. 555;  Laws 1978, LB 722,  21;  Laws 1997, LB 622,  97.  
71-228.  Board; practice and procedure in accordance with rules and regulations.The practice and procedure of the board, with respect to any investigation authorized by sections 71-225 to 71-237, shall be in accordance with rules and regulations to be promulgated by the board, which shall provide for reasonable notice to all persons affected by the orders to be made by the board and an opportunity for any such persons to be heard, either in person or by counsel, and introduce testimony in their behalf at any hearing to be held for that purpose.Source  Laws 1945, c. 174,  4(1), p. 555. 
71-230.  Board; oaths; witnesses; fees; compel testimony to be given; subpoena; serving of papers by sheriff.For the purpose of any investigation or hearing which the board is authorized to conduct, the board, or any member thereof, shall have power to administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence. In case of the disobedience of any person in complying with any order of the board, or a subpoena issued by the board or any of its members, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, the judge of any district court of the county in which the person resides, on application by any member of the board, shall compel obedience by attachment proceedings as for contempt, as in the case of the disobedience of a subpoena issued from such court or a refusal to testify therein. The sheriff of the county in which such person resides shall serve all orders and subpoenas herein referred to. Each witness who shall appear in obedience to a subpoena before the board or a member thereof, shall receive for his or her attendance the fees provided for witnesses in civil cases in the district court of this state and mileage at the rate provided in section 81-1176 for state employees, which shall be paid upon the presentation of proper vouchers, approved by any two members of the board. No witnesses subpoenaed at the instance of a party other than the board or one of its members, shall be entitled to compensation unless the board shall certify that his or her testimony was material to the matter investigated.Source   Laws 1945, c. 174,  4(3), p. 556;  Laws 1981, LB 204,  114.  
71-2301.  Act, how cited.Sections 71-2301 to 71-2305 shall be known and may be cited as the Nebraska Prostitution Intervention and Treatment Act.Source Laws 2006, LB 1086,  1.
71-2302.  Legislative findings.The Legislature finds that:(1) Increasing prostitution in Nebraska has become harmful to communities and neighborhoods, often contributing to both incidents of crime and fear of crime. Prostitution depletes local law enforcement resources and leads to a reduction in the quality of life for the residents and businesses that are within close geographic proximity to concentrated areas of prostitution. Prostitution-related activities create noise, litter, and harassment of residents and businesses and promote declining property values. Residents and businesses in areas within close geographic proximity to prostitution-related activity often feel threatened when solicitors proposition on their streets or when prostitution-related activities are performed in parked cars, empty parking lots, or alleyways;(2) Many prostitutes use prostitution to support drug and alcohol addictions. In addition, many prostitutes suffer from significant mental health disorders that lead to increased dependency on drugs and alcohol. When panderers are involved, the prostitutes are often subject to physical and psychological abuse;(3) Solicitors of prostitution are equally contributing sexual offenders;(4) Resources are needed to coordinate and deliver an array of community-based services to address issues related to prostitution, including, but not limited to, lifestyle choices, substance abuse, mental health disorders, workforce assessment and preparation, education, and other community-based services;(5) A coordinated array of community-based services delivered to individuals engaged in prostitution-related activity can mitigate individual lifestyle choices and break the cycle of prostitution; and(6) The quality of life for residents and businesses can be drastically improved when the prevalence of prostitution-related activity is significantly reduced or removed within residential and business areas.Source Laws 2006, LB 1086,  2.
71-2303.  Legislative intent.It is the intent of the Legislature to provide funds for education and treatment of individuals involved in prostitution-related activities.Source Laws 2006, LB 1086,  3.
71-2304.  Coordinated program of education and treatment; regional behavioral health funding; Department of Health and Human Services; duties.(1) The Legislature shall appropriate funds to create a coordinated program of education and treatment for individuals that participate in prostitution-related activities as described in section 28-801.(2) The Department of Health and Human Services, in consultation with the regional behavioral health authorities, shall distribute funds to regional behavioral health authorities that can demonstrate to the department a high incidence of prostitution within the behavioral health region. The department may consider the following criteria for regional behavioral health funding under this section:(a) The number of criminal convictions for prostitution-related activities within the counties that comprise the regional behavioral health authority;(b) Evidence that prostitution-related activities are impacting residential areas and businesses and the quality of life of residents in such areas and businesses is negatively impacted;(c) The amount of local law enforcement resources devoted specifically to curtailing prostitution-related activity;(d) Evidence that the regional behavioral health authorities consulted with recognized neighborhood and business associations within geographic proximity to concentrated areas of prostitution; and(e) The amount of local subdivision treatment funding.Each regional behavioral health authority may contract with qualifying public, private, or nonprofit entities for the provision of such education and treatment. Such qualifying entities may obtain additional funding from cities and counties to provide a coordinated program of treatment and education for individuals that participate in prostitution-related activities.Source  Laws 2006, LB 1086,  4;  Laws 2007, LB296,  535. 
71-2305.  Rules and regulations.The Department of Health and Human Services shall adopt and promulgate rules and regulations to carry out the Nebraska Prostitution Intervention and Treatment Act.Source  Laws 2006, LB 1086,  5;  Laws 2007, LB296,  536. 
71-231.  Board; investigations; matters to be considered.In making any investigation as to conditions existing in the barber trade, the board shall give due consideration to (1) the costs incurred in the particular county under investigation with regard to the adequacy of the income of barber shop operators to assure full compliance with all sanitary regulations imposed by any law of this state and (2) healthful working conditions in barber shops.Source   Laws 1945, c. 174,  4(4), p. 556;   Laws 1957, c. 294,  12, p. 1059.  
71-232.  Board; adopt rules and regulations.The board shall adopt and promulgate and enforce all rules, regulations, and orders necessary to carry out the Barber Act.Source   Laws 1945, c. 174,  5, p. 557;  Laws 1978, LB 722,  22;  Laws 1997, LB 622,  98.  
71-234.  Certificate of registration; board; suspend or revoke; notice; hearing.The Board of Barber Examiners may suspend or revoke the certificate of registration of any barber who has violated any order of the board promulgated hereunder; Provided, no certificate of registration shall be suspended or revoked by the board until (1) the person accused has been given at least twenty days' notice in writing of the charge against him and (2) a public hearing is had by the board.Source  Laws 1945, c. 174,  7, p. 557. 
71-235.  Appeal; procedure.Any licensee, considering himself or herself aggrieved by any action of the board taken pursuant to the Barber Act may appeal the action of the board, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1945, c. 174,  8, p. 557;   Laws 1963, c. 409,  32, p. 1328;  Laws 1988, LB 352,  120.  Cross References  Administrative Procedure Act, see section 84-920.
71-237.  Expenses of administration; how paid.All expenses incidental to the administration of sections 71-225 to 71-237 shall be paid from the funds of the Board of Barber Examiners in the manner and form governing other expenditures of that board.Source  Laws 1945, c. 174,  11, p. 558. 
71-238.  Reciprocal licensure agreements; board; powers.The board may negotiate reciprocal agreements for licensure with any other state or country for licensed barbers and registered barber instructors.Source  Laws 1983, LB 87,  1;  Laws 1993, LB 226,  12.  
71-239.01.  Foreign licenses; recognition; licensure without examination; application; form; contents; issuance; appeal.(1) The board may issue a license without examination to a person licensed in a state, territory, or country with which the board has not entered into a reciprocal agreement under section 71-239 as provided in this section.(2) An applicant for licensure without examination under subsection (1) of this section shall file with the board (a) an application on a form provided by the board, (b) a copy of the license issued by the state, territory, or country in which the applicant is licensed, (c) the applicant's social security number, (d) documents demonstrating that the requirements for licensure in such state, territory, or country are substantially equivalent to the requirements for licensure under the Barber Act, and (e) the fee required pursuant to section 71-219.(3) The board shall review each application and the documents submitted under this section and determine within sixty days after receiving such application and documentation whether to issue a license without examination to the applicant. The board shall notify the applicant of its decision within ten days after the date of making the decision. If the board determines not to issue a license without examination to the applicant, he or she may appeal the decision of the board and the appeal shall be in accordance with the Administrative Procedure Act.(4) The board may adopt and promulgate rules and regulations to carry out this section.Source Laws 2009, LB195,  64.Cross References  Administrative Procedure Act, see section 84-920.
71-239.  Foreign licenses; recognition; board; powers.For purposes of recognizing licenses which have been issued in other states or countries to practice barbering as a licensed barber or registered barber instructor, the board may:(1) Enter into a reciprocal agreement with any state which is certified to it by the proper examining board under the provisions of section 71-240; and(2) Provide for licensure without examination as provided in section 71-239.01.Source  Laws 1983, LB 87,  2;  Laws 1993, LB 226,  13;  Laws 2009, LB195,  63. 
71-240.  Board; review foreign licensing requirements.The Board of Barber Examiners shall at least once each year review the licensing requirements of other states or countries which issue licenses to practice barbering in the various classifications in which the board conducts examinations for licenses in this state. The board shall examine such requirements and, after making such other inquiries as it deems necessary, shall certify the states and countries having substantially equivalent requirements to those existing in this state for the practice of barbering and with which such board desires to enter into a reciprocal licensure agreement.Source Laws 1983, LB 87,  3. 
71-2401.  Transferred to section 71-2461.
71-2402.  Transferred to section 71-2470.
71-2404.  Transferred to section 71-2480.
71-2405.  Transferred to section 71-2481.
71-2406.  Mail Service Pharmacy Licensure Act; act, how cited.Sections 71-2406 to 71-2409 shall be known and may be cited as the Mail Service Pharmacy Licensure Act.Source  Laws 1988, LB 350,  1;  Laws 2003, LB 667,  7.  
71-2407.  Mail service pharmacy license; requirements; fee.(1) Any person operating a mail service pharmacy outside of the State of Nebraska shall obtain a mail service pharmacy license prior to shipping, mailing, or in any manner delivering dispensed prescription drugs as defined in section 38-2841 into the State of Nebraska.(2) To be qualified to hold a mail service pharmacy license, a person shall:(a) Hold a pharmacy license or permit issued by and valid in the state in which the person is located and from which such prescription drugs will be shipped, mailed, or otherwise delivered;(b) Be located and operating in a state in which the requirements and qualifications for obtaining and maintaining a pharmacy license or permit are considered by the Department of Health and Human Services, with the approval of the Board of Pharmacy, to be substantially equivalent to the requirements of the Health Care Facility Licensure Act;(c) Designate the Secretary of State as his, her, or its agent for service of process in this state; and(d) Employ on a full-time basis at least one pharmacist who holds a current unrestricted pharmacist license issued under the Uniform Credentialing Act who shall be responsible for compliance by the mail service pharmacy with the Mail Service Pharmacy Licensure Act. The mail service pharmacy shall notify the department when such pharmacist is no longer employed by such pharmacy.(3) To obtain a mail service pharmacy license, a person shall:(a) File an application on a form developed by the department; and(b) Pay a fee equivalent to the fee for a pharmacy license in the State of Nebraska pursuant to section 71-434.(4) This section does not apply to prescription drugs mailed, shipped, or otherwise delivered by a pharmaceutical company to a laboratory for the purpose of conducting clinical research.Source  Laws 1988, LB 350,  2;  Laws 1993, LB 536,  81;  Laws 1996, LB 1044,  622;  Laws 1999, LB 594,  58;  Laws 1999, LB 828,  163;  Laws 2001, LB 398,  69;  Laws 2003, LB 667,  8;  Laws 2007, LB296,  537;  Laws 2007, LB463,  1193. Cross References   Health Care Facility Licensure Act, see section 71-401.  Uniform Credentialing Act, see section 38-101. 
71-2408.  Department of Health and Human Services; disciplinary actions; violations; Attorney General; duties.(1) The Department of Health and Human Services, after notice and an opportunity for a hearing, may deny, refuse renewal of, revoke, or otherwise discipline or restrict the license of a mail service pharmacy for (a) any discipline of the pharmacy license held by such pharmacy in another state pursuant to subdivision (2)(a) of section 71-2407, (b) any violation of the Mail Service Pharmacy Licensure Act or rules and regulations adopted and promulgated under the act, or (c) conduct by such pharmacy which in this state presents a threat to the public health and safety or a danger of death or physical harm.(2) The department, upon the recommendation of the Board of Pharmacy, shall notify the Attorney General of any possible violations of the Mail Service Pharmacy Licensure Act. If the Attorney General has reason to believe that an out-of-state person is operating in violation of the act, he or she shall commence an action in the district court of Lancaster County to enjoin any such person from further mailing, shipping, or otherwise delivering prescription drugs into the State of Nebraska.Source  Laws 1988, LB 350,  3;  Laws 1996, LB 1044,  623;  Laws 1999, LB 828,  164;  Laws 2003, LB 667,  9;  Laws 2007, LB296,  538. 
71-2409.  Rules and regulations.The Department of Health and Human Services shall, upon the recommendation of the Board of Pharmacy, adopt and promulgate rules and regulations necessary to carry out the Mail Service Pharmacy Licensure Act.Source  Laws 1988, LB 350,  4;  Laws 1996, LB 1044,  624;  Laws 1999, LB 828,  165;  Laws 2003, LB 667,  10;  Laws 2007, LB296,  539. Cross References  Minimum standards for rules and regulations, see section 38-2899.
71-241.  Board; reciprocal agreement; conditions.In negotiating any reciprocal agreement, the Board of Barber Examiners shall be governed by the following:(1) When the laws of any state or country or the rules of the authorities of such state or country place any requirement or disability upon any person licensed in this state to practice barbering which affects the right of such person to be licensed or to practice his or her profession in such other state, then the same requirement or disability shall be placed upon any person licensed in such state or country when applying for a license to practice in this state; and(2) When any examining board has established by rule any special conditions upon which reciprocal agreements shall be entered into, as provided in section 71-242, such condition shall be incorporated into the reciprocal agreements negotiated with reference to licenses to practice barbering in any classification in which such examining board conducts examinations.Source Laws 1983, LB 87,  4. 
71-2410.  Emergency Box Drug Act; act, how cited.Sections 71-2410 to 71-2417 shall be known and may be cited as the Emergency Box Drug Act.Source Laws 1994, LB 1210,  182. 
71-2411.  Terms, defined.For purposes of the Emergency Box Drug Act:(1) Authorized personnel means any medical doctor, doctor of osteopathy, registered nurse, licensed practical nurse, nurse practitioner, pharmacist, or physician assistant;(2) Calculated expiration date has the same meaning as in section 38-2808.01;(3) Department means the Department of Health and Human Services;(4) Drug means any prescription drug or device or legend drug or device defined under section 38-2841, any nonprescription drug as defined under section 38-2829, any controlled substance as defined under section 28-405, or any device as defined under section 38-2814;(5) Emergency box drugs means drugs required to meet the immediate therapeutic needs of patients when the drugs are not available from any other authorized source in time to sufficiently prevent risk of harm to such patients by the delay resulting from obtaining such drugs from such other authorized source;(6) Long-term care facility means an intermediate care facility, an intermediate care facility for persons with developmental disabilities, a long-term care hospital, a mental health substance use treatment center, a nursing facility, or a skilled nursing facility, as such terms are defined in the Health Care Facility Licensure Act;(7) Multiple dose vial means any bottle in which more than one dose of a liquid drug is stored or contained;(8) NDC means the National Drug Code published by the United States Food and Drug Administration;(9) Pharmacist means a pharmacist as defined in section 38-2832 who is employed by a supplying pharmacy or who has contracted with a long-term care facility to provide consulting services; and(10) Supplying pharmacy means a pharmacy that supplies drugs for an emergency box located in a long-term care facility. Drugs in the emergency box are owned by the supplying pharmacy.Source  Laws 1994, LB 1210,  183;  Laws 1996, LB 1044,  625;  Laws 1997, LB 608,  16;  Laws 2000, LB 819,  106;  Laws 2001, LB 398,  70;  Laws 2007, LB296,  540;  Laws 2007, LB463,  1194;  Laws 2009, LB195,  69;  Laws 2013, LB23,  34;  Laws 2018, LB1034,  63;  Laws 2020, LB1052,  9.  Cross References  Health Care Facility Licensure Act, see section 71-401.
71-2412.  Long-term care facility; emergency boxes; use; conditions.(1) Drugs may be administered to residents of a long-term care facility by authorized personnel of the long-term care facility from the contents of emergency boxes located within such long-term care facility if such drugs and boxes meet the requirements of this section.(2) When electronic or automated emergency boxes are in use in a long-term care facility, the supplying pharmacy shall have policies and procedures to ensure proper utilization of the drugs in the emergency boxes. Policies and procedures shall include who is allowed to retrieve drugs from the emergency boxes, security for the location of the emergency boxes within the long-term care facility, and other necessary provisions as determined by the pharmacist-in-charge of the supplying pharmacy.(3) For emergency boxes that are not electronic or automated:(a) All emergency box drugs shall be provided by and all emergency boxes containing such drugs shall be sealed by a supplying pharmacy with the seal on such emergency box to be of such a nature that it can be easily identified if it has been broken;(b) Emergency boxes shall be stored in a medication room or other secured area within the long-term care facility. Only authorized personnel of the long-term care facility or the supplying pharmacy shall obtain access to such room or secured area, by key or combination, in order to prevent unauthorized access and to ensure a proper environment for preservation of the emergency box drugs;(c) The exterior of each emergency box shall be labeled so as to clearly indicate that it is an emergency box for use in emergencies only. The label shall contain a listing of the drugs contained in the box, including the name, strength, route of administration, quantity, and expiration date of each drug, and the name, address, and telephone number of the supplying pharmacy; and(d) Emergency boxes shall be inspected by a pharmacist designated by the supplying pharmacy at least once a month or after a reported usage of any drug to determine the expiration date and quantity of the drugs in the box. Every inspection shall be documented and the record retained by the long-term care facility for a period of five years.(4) All drugs in emergency boxes shall be in the original manufacturer's or distributor's containers or shall be repackaged by the supplying pharmacy in a tight, light-resistant container and shall include the manufacturer's or distributor's name, lot number, drug name, strength, dosage form, NDC number, route of administration, and expiration date on a typewritten label. Any drug which is repackaged shall contain on the label the calculated expiration date.Source  Laws 1994, LB 1210,  184;  Laws 2002, LB 1062,  52;  Laws 2007, LB463,  1195;  Laws 2009, LB195,  70;  Laws 2017, LB166,  21;  Laws 2020, LB1052,  10.  
71-2413.  Drugs to be included in emergency boxes; requirements; removal; conditions; notification of supplying pharmacy; expired drugs; treatment; examination of emergency boxes; written procedures; establishment.(1) The supplying pharmacy and the medical director and quality assurance committee of the long-term care facility shall jointly determine the drugs, by identity and quantity, to be included in the emergency boxes. The supplying pharmacy shall maintain a list of emergency box drugs which is identical to the list on the exterior of the emergency box or the electronic inventory record of the emergency box and shall make such list available to the department upon request. The supplying pharmacy shall obtain a receipt upon delivery of the emergency box to the long-term care facility signed by the director of nursing of the long-term care facility or his or her designee which acknowledges that the drugs initially placed in the emergency box are identical to the initial list on the exterior of the emergency box or the electronic inventory record of the emergency box. The receipt shall be retained by the supplying pharmacy for a period of five years.(2) Except for the removal of expired drugs as provided in subsection (4) of this section, drugs shall be removed from emergency boxes only pursuant to a prescription. Whenever access to the emergency box occurs, the prescription and proof of use shall be provided to the supplying pharmacy and shall be recorded on the resident's medical record by authorized personnel of the long-term care facility. Removal of any drug from an emergency box by authorized personnel of the long-term care facility shall be recorded on a form showing the name of the resident who received the drug, his or her room number, the name of the drug, the strength of the drug, the quantity used, the dose administered, the route of administration, the date the drug was used, the time of usage, the disposal of waste, if any, and the signature or signatures of authorized personnel. The form shall be maintained at the long-term care facility for a period of five years from the date of removal with a copy of the form to be provided to the supplying pharmacy.(3) Whenever an emergency box is opened or otherwise accessed, the supplying pharmacy shall be notified by the charge nurse or the director of nursing of the long-term care facility within twenty-four hours and a pharmacist designated by the supplying pharmacy shall restock and refill the box, reseal the box if it is not an electronic or automated emergency box, and update the drug listing on the exterior of the emergency box or update the electronic inventory record of the emergency box as outlined in the policies and procedures of the supplying pharmacy required by section 71-2412 for an electronic or automated emergency box.(4) Upon the expiration of any drug in the emergency box, the supplying pharmacy shall replace the expired drug, reseal the box if it is not an electronic or automated emergency box, and update the drug listing on the exterior of the emergency box or update the electronic inventory record of the emergency box as outlined in the policies and procedures of the supplying pharmacy required by section 71-2412 for an electronic or automated emergency box. Emergency box drugs shall be considered inventory of the supplying pharmacy until such time as they are removed for administration.(5) Authorized personnel of the long-term care facility shall examine the emergency boxes once every twenty-four hours and shall immediately notify the supplying pharmacy upon discovering evidence of tampering with any emergency box. Proof of examination by authorized personnel of the long-term care facility shall be recorded and maintained at the long-term care facility for a period of five years from the date of examination.(6) The supplying pharmacy and the medical director and quality assurance committee of the long-term care facility shall jointly establish written procedures for the safe and efficient distribution of emergency box drugs.Source  Laws 1994, LB 1210,  185;  Laws 1999, LB 828,  166;  Laws 2001, LB 398,  71;  Laws 2009, LB195,  71;  Laws 2017, LB166,  22;  Laws 2020, LB1052,  11.  
71-2414.  Department; powers; grounds for disciplinary action.The department shall have (1) the authority to inspect any emergency box and (2) access to the records of the supplying pharmacy and the long-term care facility for inspection. Refusal to allow the department to inspect an emergency box or to have access to records shall be grounds for a disciplinary action against the supplying pharmacy or the license of the long-term care facility.Source  Laws 1994, LB 1210,  186;  Laws 2009, LB195,  72. 
71-2416.  Violations; department; powers; prohibited acts; violation; penalty.(1) The department may limit, suspend, or revoke the authority of a supplying pharmacy to maintain emergency boxes in a long-term care facility for any violation of the Emergency Box Drug Act. The department may limit, suspend, or revoke the authority of a long-term care facility to maintain an emergency box for any violation of the act. The taking of such action against the supplying pharmacy or the long-term care facility or both shall not prohibit the department from taking other disciplinary actions against the supplying pharmacy or the long-term care facility.(2) If the department determines to limit, suspend, or revoke the authority of a supplying pharmacy to maintain emergency boxes in a long-term care facility or to limit, suspend, or revoke the authority of a long-term care facility to maintain an emergency box, it shall send to the supplying pharmacy or the long-term care facility a notice of such determination. The notice may be served by any method specified in section 25-505.01, or the department may permit substitute or constructive service as provided in section 25-517.02 when service cannot be made with reasonable diligence by any of the methods specified in section 25-505.01. The limitation, suspension, or revocation shall become final thirty days after receipt of the notice unless the supplying pharmacy or the long-term care facility, within such thirty-day period, requests a hearing in writing. The supplying pharmacy or the long-term care facility shall be given a fair hearing before the department and may present such evidence as may be proper. On the basis of such evidence, the determination involved shall be affirmed, set aside, or modified, and a copy of such decision setting forth the findings of facts and the particular reasons on which it is based shall be sent to the supplying pharmacy or the long-term care facility. The parties may appeal the final decision in accordance with the Administrative Procedure Act. Witnesses may be subpoenaed by either party and shall be allowed a fee at the statutory rate.(3) The procedure governing hearings authorized by the Emergency Box Drug Act shall be in accordance with rules and regulations adopted and promulgated by the department.(4) The supplying pharmacy or the long-term care facility shall not maintain an emergency box after its authority to maintain such box has been revoked or during the time such authority has been suspended. If the authority is suspended, the suspension shall be for a definite period of time. Such authority shall be automatically reinstated on the expiration of such period. If such authority has been revoked, such revocation shall be permanent, except that at any time after the expiration of two years, application for reinstatement of authority may be made to the department.(5) Any person who commits any of the acts prohibited by the Emergency Box Drug Act shall be guilty of a Class II misdemeanor. The department may maintain an action in the name of the state against any person for maintaining an emergency box in violation of the act. Each day a violation continues shall constitute a separate violation.Source  Laws 1994, LB 1210,  188;  Laws 1999, LB 828,  167;  Laws 2009, LB195,  73. Cross References  Administrative Procedure Act, see section 84-920.
71-2417.  Controlled substance; exemption.Any emergency box containing a controlled substance listed in section 28-405 and maintained at a long-term care facility shall be exempt from subsection (3) of section 28-414.03.Source  Laws 1994, LB 1210,  189;  Laws 1995, LB 406,  38;  Laws 1999, LB 594,  59;  Laws 2001, LB 398,  72;  Laws 2009, LB195,  74;  Laws 2014, LB811,  27. 
71-2418.  Legislative findings.(1) The Legislature finds that many controlled substances have useful and legitimate medical and scientific purposes and are necessary to maintain the health and general welfare of the people of Nebraska. Principles of quality medical practice dictate that the people of Nebraska have access to appropriate and effective pain relief.(2) The Legislature finds that the appropriate application of up-to-date knowledge and treatment modalities can serve to improve the quality of life for those patients who suffer from pain. The Legislature therefor encourages physicians to view effective pain management as a part of quality medical practice for all patients with pain, acute or chronic, including those patients who experience pain as a result of terminal illness.(3) The Legislature finds that a physician should be able to prescribe, dispense, or administer a controlled substance in excess of the recommended dosage for the treatment of pain so long as such dosage is not administered for the purpose of causing, or the purpose of assisting in causing, death for any reason and so long as it conforms to policies and guidelines for the treatment of pain adopted by the Board of Medicine and Surgery.(4) The Legislature finds that a health care facility, hospice, or third-party payor should not forbid or restrict the use of controlled substances appropriately administered for the treatment of pain.Source  Laws 1999, LB 226,  1;  Laws 2007, LB463,  1196. 
71-2419.  Physician, nurse, or pharmacist; disciplinary action or criminal prosecution; limitation.A physician licensed under the Medicine and Surgery Practice Act who prescribes, dispenses, or administers or a nurse licensed under the Nurse Practice Act or pharmacist licensed under the Pharmacy Practice Act who administers or dispenses a controlled substance in excess of the recommended dosage for the treatment of pain shall not be subject to discipline under the Uniform Credentialing Act or criminal prosecution under the Uniform Controlled Substances Act when: (1) In the judgment of the physician, appropriate pain management warrants such dosage; (2) the controlled substance is not administered for the purpose of causing, or the purpose of assisting in causing, death for any reason; and (3) the administration of the controlled substance conforms to policies and guidelines for the treatment of pain adopted by the Board of Medicine and Surgery.Source  Laws 1999, LB 226,  2;  Laws 2001, LB 398,  73;  Laws 2007, LB463,  1197. Cross References   Medicine and Surgery Practice Act, see section 38-2001.  Nurse Practice Act, see section 38-2201.  Pharmacy Practice Act, see section 38-2801.  Uniform Controlled Substances Act, see section 28-401.01.  Uniform Credentialing Act, see section 38-101. 
71-242.  Reciprocal agreement; applicant for licensure or registration; requirements; failure to qualify; effect.The board shall not enter into any reciprocal agreement with any state or country with reference to the practice of barbering as a licensed barber or registered barber instructor for which the board conducts examinations unless every person licensed or registered in such state or country when applying for a license to practice in this state shall show:(1) That the requirements for licensure or registration were substantially equal to those in force in this state at the time such license was issued; or(2) Upon due proof that such applicant has continuously practiced the practices or occupation for which application for a license is made at least three years immediately prior to such application.The applicant shall also pay the fee set pursuant to section 71-219 and provide his or her social security number.Except as provided in section 71-239.01, any applicant who fails to qualify for such exemption because his or her study or training outside this state does not fulfill the requirements of this section shall receive credit for the number of hours of study and training successfully completed in the particular state where he or she is registered or licensed, and he or she shall be qualified for the examination upon completion of such supplementary study and training in an accredited school of barbering in this state as the board finds necessary to substantially equal the study and training of a qualified person who has studied and trained in an accredited school in this state only. For the purposes of this section, each six months of practice outside of this state of the practices or occupation for which application for a license is made shall be deemed the equivalent of one hundred hours of study and training required in this state in order to qualify for the practice of barbering.Source  Laws 1983, LB 87,  5;  Laws 1993, LB 226,  14;  Laws 1997, LB 752,  167;  Laws 2009, LB195,  65. 
71-2420.  Board of Medicine and Surgery; duties.The Board of Medicine and Surgery shall adopt policies and guidelines for the treatment of pain to ensure that physicians who are engaged in the appropriate treatment of pain are not subject to disciplinary action, and the board shall consider policies and guidelines developed by national organizations with expertise in pain management for this purpose.Source  Laws 1999, LB 226,  3;  Laws 2007, LB463,  1198. 
71-2421.  Transferred to section 38-28,107.
71-2422.  Cancer Drug Repository Program Act; act, how cited.Sections 71-2422 to 71-2430 shall be known and may be cited as the Cancer Drug Repository Program Act.Source  Laws 2003, LB 756,  1;  Laws 2005, LB 331,  1.  
71-2423.  Terms, defined.For purposes of the Cancer Drug Repository Program Act:(1) Cancer drug means a prescription drug used to treat (a) cancer or its side effects or (b) the side effects of a prescription drug used to treat cancer or its side effects;(2) Department means the Department of Health and Human Services;(3) Health care facility has the definition found in section 71-413;(4) Health clinic has the definition found in section 71-416;(5) Hospital has the definition found in section 71-419;(6) Participant means a physician's office, pharmacy, hospital, or health clinic that has elected to voluntarily participate in the program and that accepts donated cancer drugs under the rules and regulations adopted and promulgated by the department for the program;(7) Pharmacy has the definition found in section 71-425;(8) Physician's office means the office of a person licensed to practice medicine and surgery or osteopathic medicine and surgery;(9) Prescribing practitioner means a health care practitioner licensed under the Uniform Credentialing Act who is authorized to prescribe cancer drugs;(10) Prescription drug has the definition found in section 38-2841; and(11) Program means the cancer drug repository program established pursuant to section 71-2424.Source  Laws 2003, LB 756,  2;  Laws 2005, LB 331,  2;  Laws 2007, LB296,  541;  Laws 2007, LB463,  1200. Cross References  Uniform Credentialing Act, see section 38-101.
71-2424.  Cancer drug repository program; established.The department shall establish a cancer drug repository program for accepting donated cancer drugs and dispensing such drugs to Nebraska residents. Participation in the program shall be voluntary.Source Laws 2003, LB 756,  3. 
71-2425.  Cancer drug donation.Any person or entity, including, but not limited to, a cancer drug manufacturer or health care facility, may donate cancer drugs to the program. Cancer drugs may be donated to a participant.Source  Laws 2003, LB 756,  4;  Laws 2005, LB 331,  3.  
71-2426.  Cancer drug; accepted or dispensed; conditions.(1) A cancer drug shall only be accepted or dispensed under the program if such drug is in its original, unopened, sealed, and tamper-evident packaging. A cancer drug packaged in single unit doses may be accepted and dispensed if the outside packaging is opened but the single-unit-dose packaging is unopened. There shall be no limitation on the number of doses that can be donated to the program as long as the donated drugs meet the requirements of this section. An injectable cancer drug may be accepted if it does not have temperature requirements other than controlled room temperature.(2) A cancer drug shall not be accepted or dispensed under the program if (a) such drug bears an expiration date prior to the date of donation, (b) such drug is adulterated or misbranded as defined in section 71-2461 or 71-2470, (c) such drug has expired while in the repository, or (d) such drug has restricted distribution by the federal Food and Drug Administration.(3) Subject to limitations provided in this section, unused cancer drugs dispensed under the medical assistance program established pursuant to the Medical Assistance Act may be accepted and dispensed under the program.Source  Laws 2003, LB 756,  5;  Laws 2005, LB 331,  4;  Laws 2006, LB 1116,  1;  Laws 2006, LB 1248,  77;  Laws 2015, LB37,  74.  Cross References  Medical Assistance Act, see section 68-901.
71-2427.  Participant; duties; fee authorized.(1) A participant shall comply with all applicable provisions of state and federal law relating to the storage, distribution, and dispensing of donated cancer drugs and shall inspect all such drugs prior to dispensing to determine if they are adulterated or misbranded as defined in section 71-2461 or 71-2470. Such drugs shall only be dispensed pursuant to a prescription issued by a prescribing practitioner. Such drugs may be distributed to another participant for dispensing.(2) A participant may charge a handling fee for distributing or dispensing cancer drugs under the program. Such fee shall be established in rules and regulations adopted and promulgated by the department. Cancer drugs donated under the program shall not be resold.Source  Laws 2003, LB 756,  6;  Laws 2005, LB 331,  5;  Laws 2015, LB37,  75.  
71-2428.  Immunity.(1) Any person or entity, including a cancer drug manufacturer, which exercises reasonable care in donating, accepting, distributing, or dispensing cancer drugs under the Cancer Drug Repository Program Act or rules and regulations adopted and promulgated under the act shall be immune from civil or criminal liability or professional disciplinary action of any kind for any injury, death, or loss to person or property relating to such activities.(2) Notwithstanding subsection (1) of this section, the donation of a cancer drug by a cancer drug manufacturer does not absolve the manufacturer of any criminal or civil liability that would have existed but for the donation, nor shall such donation increase the liability of such cancer drug manufacturer that would have existed but for the donation.Source Laws 2003, LB 756,  7. 
71-2429.  Rules and regulations.The department, upon the recommendation of the Board of Pharmacy, shall adopt and promulgate rules and regulations to carry out the Cancer Drug Repository Program Act. Such rules and regulations shall include, but not be limited to:(1) Eligibility criteria and other standards and procedures for participants that accept and distribute or dispense donated cancer drugs;(2) Necessary forms for administration of the program, including, but not limited to, forms for use by persons or entities that donate, accept, distribute, or dispense cancer drugs under the program. The forms shall include the name of the person to whom the drug was originally prescribed;(3) The maximum handling fee that may be charged by participants that accept and distribute or dispense donated cancer drugs;(4)(a) Categories of cancer drugs that the program will accept for dispensing and (b) categories of cancer drugs that the program will not accept for dispensing and the reason that such drugs will not be accepted; and(5) Maintenance and distribution of the participant registry established in section 71-2430.Source  Laws 2003, LB 756,  8;  Laws 2005, LB 331,  6;  Laws 2006, LB 1116,  2.  
71-243.  Reciprocal agreement; terminated; when.When the requirements for a license in any state or country with which this state has a reciprocal agreement as authorized by section 71-239 are changed by any law or rule of the authorities of such state so that such requirements are no longer substantially as high as those existing in this state, then such agreement shall be deemed terminated and licenses issued in such state or country shall not be recognized as a basis of granting a license in this state until a new agreement has been negotiated.Source Laws 1983, LB 87,  6. 
71-2430.  Participant registry.The department shall establish and maintain a participant registry for the program. The participant registry shall include the participant's name, address, and telephone number and shall identify whether the participant is a physician's office, a pharmacy, a hospital, or a health clinic. The department shall make the participant registry available to any person or entity wishing to donate cancer drugs to the program.Source Laws 2005, LB 331,  7. 
71-2431.  Community health center; relabeling and redispensing prescription drugs; requirements.(1) Prescription drugs or devices which have been delivered to a community health center for dispensing to a patient of such health center pursuant to a valid prescription, but which are not dispensed or administered to such patient, may be delivered to a pharmacist or pharmacy under contract with the community health center for relabeling and redispensing to another patient of such health center pursuant to a valid prescription if:(a) The decision to accept delivery of the drug or device for relabeling and redispensing rests solely with the contracting pharmacist or pharmacy;(b) The drug or device has been in the control of the community health center at all times;(c) The drug or device is in the original and unopened labeled container with a tamper-evident seal intact. Such container shall bear the expiration date or calculated expiration date and lot number; and(d) The relabeling and redispensing is not otherwise prohibited by law.(2) For purposes of this section:(a) Administer has the definition found in section 38-2806;(b) Calculated expiration date has the definition found in section 38-2884;(c) Community health center means a community health center established pursuant to the Health Centers Consolidation Act of 1996, 42 U.S.C. 201 et seq., as such act existed on May 7, 2005;(d) Deliver or delivery has the definition found in section 38-2813;(e) Dispense or dispensing has the definition found in section 38-2817;(f) Prescription has the definition found in section 38-2840; and(g) Prescription drug or device has the definition found in section 38-2841.(3) The Department of Health and Human Services, in consultation with the Board of Pharmacy, may adopt and promulgate rules and regulations to carry out this section.Source  Laws 2005, LB 382,  14;  Laws 2007, LB296,  542;  Laws 2007, LB463,  1201. 
71-2432.  Terms, defined.For purposes of sections 71-2432 to 71-2435:(1) Clandestine drug lab means any area where glassware, heating devices, or other equipment or precursors, solvents, or related articles or reagents are used to unlawfully manufacture methamphetamine;(2) Contaminated property means an enclosed area of any property or portion thereof intended for human habitation or use which has been contaminated by chemicals, chemical residue, methamphetamine, methamphetamine residue, or other substances from a clandestine drug lab;(3) Department means the Department of Health and Human Services;(4) Law enforcement agency has the meaning found in section 81-1401;(5) Local public health department has the meaning found in section 71-1626;(6) Methamphetamine means methamphetamine, its salts, optical isomers, and salts of its isomers; and(7) Rehabilitate or rehabilitation means all actions necessary to ensure that contaminated property is safe for human habitation or use.Source  Laws 2006, LB 915,  1;  Laws 2007, LB296,  543. 
71-2433.  Property owner; law enforcement agency; Nebraska State Patrol; duties.A property owner with knowledge of a clandestine drug lab on his or her property shall report such knowledge and location as soon as practicable to the local law enforcement agency or to the Nebraska State Patrol. A law enforcement agency that discovers a clandestine drug lab in the State of Nebraska shall report the location of such lab to the Nebraska State Patrol within thirty days after making such discovery. Such report shall include the date of discovery of such lab, the county where the property containing such lab is located, and a legal description of the property or other description or address of such property sufficient to clearly establish its location. As soon as practicable after such discovery, the appropriate law enforcement agency shall provide the Nebraska State Patrol with a complete list of the chemicals, including methamphetamine, its precursors, solvents, and related reagents, found at or removed from the location of such lab. Upon receipt, the Nebraska State Patrol shall promptly forward a copy of such report and list to the department, the Department of Environment and Energy, the municipality or county where the lab is located, the director of the local public health department serving such municipality or county, and the property owner or owners.Source  Laws 2006, LB 915,  2;  Laws 2019, LB302,  88.  
71-2434.  Local public health department; powers and duties; fees; release of property for human habitation; civil penalty.(1) The local public health department serving the municipality or county where a clandestine drug lab has been discovered shall monitor the rehabilitation of any contaminated property at such location in accordance with standards and procedures established or approved by the department. The department shall adopt and promulgate rules and regulations to establish such standards and procedures no later than July 15, 2007. Such procedures shall include deadlines for completion of the various stages of rehabilitation and proper disposal of the contaminated property.(2) A local public health department may charge and collect fees from the owner or owners of contaminated property to cover the costs directly associated with monitoring the rehabilitation of such property under this section as provided in rules and regulations of the department. A local public health department may contract with other local public health departments or other appropriate entities to assist in the monitoring of such rehabilitation. Upon the completion of such rehabilitation, the local public health department shall release the property for human habitation and commercial or other use in a timely manner.(3) The owner or owners of contaminated property shall not permit the human habitation or use of such property until the rehabilitation of such property has been completed and the property has been released for such habitation or use under this section. An owner who knowingly violates this subsection may be subject to a civil penalty not to exceed one thousand dollars. The department shall enforce this subsection.Source Laws 2006, LB 915,  3.
71-2435.  Leased property; termination of lease; notice.Notwithstanding any other provision of law, if leased property contains a clandestine drug lab, an owner may terminate the lease agreement upon three days' written notice for the purpose of rehabilitating the contaminated property in accordance with the rules and regulations adopted and promulgated pursuant to section 71-2434.Source Laws 2006, LB 915,  4.
71-2436.  Immunosuppressant Drug Repository Program Act; act, how cited.Sections 71-2436 to 71-2443 shall be known and may be cited as the Immunosuppressant Drug Repository Program Act.Source Laws 2006, LB 994,  42.
71-2437.  Terms, defined.For purposes of the Immunosuppressant Drug Repository Program Act:(1) Department means the Department of Health and Human Services;(2) Immunosuppressant drug means anti-rejection drugs that are used to reduce the body's immune system response to foreign material and inhibit a transplant recipient's immune system from rejecting a transplanted organ. Immunosuppressant drugs are available only as prescription drugs and come in tablet, capsule, and liquid forms. The recommended dosage depends on the type and form of immunosuppressant drug and the purpose for which it is being used. Immunosuppressant drug does not include drugs prescribed for inpatient use;(3) Participant means a transplant center that has elected to voluntarily participate in the program, that has submitted written notification to the department of its intent to participate in the program, and that accepts donated immunosuppressant drugs under the rules and regulations adopted and promulgated by the department for the program;(4) Prescribing practitioner means a health care practitioner licensed under the Uniform Credentialing Act who is authorized to prescribe immunosuppressant drugs;(5) Prescription drug has the definition found in section 38-2841;(6) Program means the immunosuppressant drug repository program established pursuant to section 71-2438;(7) Transplant center means a hospital that operates an organ transplant program, including qualifying patients for transplant, registering patients on the national waiting list, performing transplant surgery, and providing care before and after transplant; and(8) Transplant program means the organ-specific facility within a transplant center. A transplant center may have transplant programs for the transplantation of hearts, lungs, livers, kidneys, pancreata, or intestines.Source  Laws 2006, LB 994,  43;  Laws 2007, LB296,  544;  Laws 2007, LB463,  1202. Cross References  Uniform Credentialing Act, see section 38-101.
71-2438.  Immunosuppressant drug repository program; established.The department shall establish an immunosuppressant drug repository program for accepting donated immunosuppressant drugs and dispensing such drugs. Participation in the program shall be voluntary.Source Laws 2006, LB 994,  44.
71-2439.  Immunosuppressant drug donation.Any person or entity, including, but not limited to, an immunosuppressant drug manufacturer or transplant center, may donate immunosuppressant drugs to a participant or return previously prescribed immunosuppressant drugs to the transplant center where they were originally prescribed.Source Laws 2006, LB 994,  45.
71-244.  License granted under reciprocal agreement; when.The Board of Barber Examiners shall, upon presentation of a certification of licensure to practice barbering as a registered barber or instructor by the duly constituted authority of another state or country, with which this state has established reciprocal relations as authorized by section 71-239, and subject to the rules of the board, license such applicant to practice in this state unless an examination is required under section 71-242.Source Laws 1983, LB 87,  7. 
71-2440.  Immunosuppressant drug; accepted or dispensed; conditions.(1) An immunosuppressant drug shall only be accepted or dispensed under the program if such drug is in its original, unopened, sealed, and tamper-evident packaging. An immunosuppressant drug packaged in single unit doses may be accepted and dispensed if the outside packaging is opened but the single-unit-dose packaging is unopened. There shall be no limitation on the number of doses that can be donated to the program as long as the donated drugs meet the requirements of this section.(2) An immunosuppressant drug shall not be accepted or dispensed under the program if (a) such drug bears an expiration date prior to the date of donation, (b) such drug is adulterated or misbranded as defined in section 71-2461 or 71-2470, or (c) such drug has restricted distribution by the federal Food and Drug Administration.(3) Subject to limitations provided in this section, unused immunosuppressant drugs dispensed under the medical assistance program may be accepted and dispensed under the immunosuppressant drug repository program.Source  Laws 2006, LB 994,  46;  Laws 2015, LB37,  76.  
71-2441.  Participant; duties; resale prohibited.(1) A participant shall comply with all applicable provisions of state and federal law relating to the storage, distribution, and dispensing of donated immunosuppressant drugs and shall inspect all such drugs prior to dispensing to determine if the drugs are adulterated or misbranded as defined in section 71-2461 or 71-2470 or if the drugs bear an expiration date prior to the date of dispensing. Such drugs shall only be dispensed pursuant to a prescription issued by a prescribing practitioner. Such drugs may be distributed to another participant for dispensing.(2) Immunosuppressant drugs donated under the program shall not be resold.Source  Laws 2006, LB 994,  47;  Laws 2015, LB37,  77.  
71-2442.  Rules and regulations.The department, upon the recommendation of the Board of Pharmacy, shall adopt and promulgate rules and regulations to carry out the Immunosuppressant Drug Repository Program Act. Such rules and regulations shall include, but not be limited to:(1) Eligibility criteria and other standards and procedures for participants that accept and distribute or dispense donated immunosuppressant drugs;(2) Necessary forms for administration of the program, including, but not limited to, forms for use by persons or entities that donate, accept, distribute, or dispense immunosuppressant drugs under the program. The forms shall include the name of the person to whom the drug was originally prescribed; and(3)(a) Categories of immunosuppressant drugs that may be donated or returned under the program and (b) categories of immunosuppressant drugs that cannot be donated or returned under the program and the reason that such drugs cannot be donated or returned.Source Laws 2006, LB 994,  48.
71-2443.  Immunity.(1) Any person or entity, including an immunosuppressant drug manufacturer, which exercises reasonable care in donating, accepting, distributing, or dispensing immunosuppressant drugs under the Immunosuppressant Drug Repository Program Act or rules and regulations adopted and promulgated under the act shall be immune from civil or criminal liability or professional disciplinary action of any kind for any injury, death, or loss to person or property relating to such activities.(2) Notwithstanding subsection (1) of this section, the donation of an immunosuppressant drug by a drug manufacturer does not absolve the manufacturer of any criminal or civil liability that would have existed but for the donation, nor shall such donation increase the liability of such drug manufacturer that would have existed but for the donation.Source Laws 2006, LB 994,  49.
71-2444.  Automated Medication Systems Act; act, how cited.Sections 71-2444 to 71-2452 shall be known and may be cited as the Automated Medication Systems Act.Source  Laws 2008, LB308,  1;  Laws 2013, LB326,  3. 
71-2445.  Terms, defined.For purposes of the Automated Medication Systems Act:(1) Automated medication distribution machine means a type of automated medication system that stores medication to be administered to a patient by a person credentialed under the Uniform Credentialing Act;(2) Automated medication system means a mechanical system that performs operations or activities, other than compounding, administration, or other technologies, relative to storage and packaging for dispensing or distribution of medications and that collects, controls, and maintains all transaction information and includes, but is not limited to, a prescription medication distribution machine or an automated medication distribution machine. An automated medication system may only be used in conjunction with the provision of pharmacist care;(3) Chart order means an order for a drug or device issued by a practitioner for a patient who is in the hospital where the chart is stored, for a patient receiving detoxification treatment or maintenance treatment pursuant to section 28-412, or for a resident in a long-term care facility in which a long-term care automated pharmacy is located from which drugs will be dispensed. Chart order does not include a prescription;(4) Hospital has the definition found in section 71-419;(5) Long-term care automated pharmacy means a designated area in a long-term care facility where an automated medication system is located, that stores medications for dispensing pursuant to a medical order to residents in such long-term care facility, that is installed and operated by a pharmacy licensed under the Health Care Facility Licensure Act, and that is licensed under section 71-2451;(6) Long-term care facility means an intermediate care facility, an intermediate care facility for persons with developmental disabilities, a long-term care hospital, a mental health substance use treatment center, a nursing facility, or a skilled nursing facility, as such terms are defined in the Health Care Facility Licensure Act;(7) Medical order means a prescription, a chart order, or an order for pharmaceutical care issued by a practitioner;(8) Pharmacist means any person who is licensed by the State of Nebraska to practice pharmacy;(9) Pharmacist care means the provision by a pharmacist of medication therapy management, with or without the dispensing of drugs or devices, intended to achieve outcomes related to the cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process;(10) Pharmacist remote order entry means entering an order into a computer system or drug utilization review by a pharmacist licensed to practice pharmacy in the State of Nebraska and located within the United States, pursuant to medical orders in a hospital, long-term care facility, or pharmacy licensed under the Health Care Facility Licensure Act;(11) Practice of pharmacy has the definition found in section 38-2837;(12) Practitioner means a certified registered nurse anesthetist, a certified nurse midwife, a dentist, an optometrist, a nurse practitioner, a physician assistant, a physician, a podiatrist, or a veterinarian;(13) Prescription means an order for a drug or device issued by a practitioner for a specific patient, for emergency use, or for use in immunizations. Prescription does not include a chart order;(14) Prescription medication distribution machine means a type of automated medication system that packages, labels, or counts medication in preparation for dispensing of medications by a pharmacist pursuant to a prescription; and(15) Telepharmacy means the provision of pharmacist care, by a pharmacist located within the United States, using telecommunications, remote order entry, or other automations and technologies to deliver care to patients or their agents who are located at sites other than where the pharmacist is located.Source  Laws 2008, LB308,  2;  Laws 2009, LB195,  75;  Laws 2013, LB23,  35;  Laws 2013, LB326,  4;  Laws 2017, LB166,  23;  Laws 2018, LB1034,  64.  Cross References   Health Care Facility Licensure Act, see section 71-401.  Uniform Credentialing Act, see section 38-101. 
71-2446.  Automated machine prohibited.Any automated machine that dispenses, delivers, or makes available, other than by administration, prescription medication directly to a patient or caregiver without the provision of pharmacist care is prohibited.Source  Laws 2008, LB308,  3;  Laws 2013, LB326,  5. 
71-2447.  Hospital, long-term care facility, or pharmacy; use of automated medication system; policies and procedures required.Any hospital, long-term care facility, or pharmacy that uses an automated medication system shall develop, maintain, and comply with policies and procedures developed in consultation with the pharmacist responsible for pharmacist care for that hospital, long-term care facility, or pharmacy. At a minimum, the policies and procedures shall address the following:(1) The description and location within the hospital, long-term care facility, or pharmacy of the automated medication system or equipment being used;(2) The name of the pharmacist responsible for implementation of and compliance with the policies and procedures;(3) Medication access and information access procedures;(4) Security of inventory and confidentiality of records in compliance with state and federal laws, rules, and regulations;(5) A description of the process used by a pharmacist or pharmacy technician for filling an automated medication system;(6) A description of how and by whom the automated medication system is being utilized, including processes for verifying, dispensing, and distributing medications;(7) Staff education and training;(8) Quality assurance and quality improvement programs and processes;(9) Inoperability or emergency downtime procedures;(10) Periodic system maintenance; and(11) Medication security and controls.Source  Laws 2008, LB308,  4;  Laws 2009, LB195,  76;  Laws 2013, LB326,  6. 
71-2448.  Prescription medication distribution machine; requirements; location.A prescription medication distribution machine:(1) Is subject to the requirements of section 71-2447 and, if it is in a long-term care automated pharmacy, is subject to section 71-2451; and(2) May be operated only (a) in a licensed pharmacy where a pharmacist dispenses medications to patients for self-administration pursuant to a prescription, (b) in a remote dispensing pharmacy as described in section 71-436.02, or (c) in a long-term care automated pharmacy subject to section 71-2451.Source  Laws 2008, LB308,  5;  Laws 2013, LB326,  7;  Laws 2018, LB731,  99.  
71-2449.  Automated medication distribution machine; requirements; drugs; limitations; inventory; how treated.(1) An automated medication distribution machine:(a) Is subject to the requirements of section 71-2447 and, if it is in a long-term care automated pharmacy, is subject to section 71-2451; and(b) Subject to section 71-2451, may be operated or used in a hospital, long-term care facility, or assisted-living facility for medication administration pursuant to a chart order or prescription by a licensed health care professional.(2) Drugs placed in an automated medication distribution machine shall be in the manufacturer's original packaging or in containers repackaged in compliance with state and federal laws, rules, and regulations relating to repackaging, labeling, and record keeping.(3) The inventory which is transferred to an automated medication distribution machine in a hospital shall be excluded from the percent of total prescription drug sales revenue described in section 71-7454.Source  Laws 2008, LB308,  6;  Laws 2009, LB195,  77;  Laws 2013, LB326,  8;  Laws 2022, LB592,  1.   Effective Date: July 21, 2022  
71-245.  Reciprocal license; provisions applicable.The provisions of the Barber Act, relating to applications, transmittal of the names of eligible candidates, certification of successful applicants, and issuance of licenses thereto, in the case of regular examinations, apply as far as applicable to applicants for a reciprocal license or for a license issued without examination pursuant to section 71-239.01.Source  Laws 1983, LB 87,  8;  Laws 1997, LB 622,  99;  Laws 2009, LB195,  66. 
71-2450.  Pharmacist providing pharmacist remote order entry; requirements.A pharmacist providing pharmacist remote order entry shall:(1) Be located within the United States;(2) Maintain adequate security and privacy in accordance with state and federal laws, rules, and regulations;(3) Be linked to one or more hospitals, long-term care facilities, or pharmacies for which services are provided via computer link, video link, audio link, or facsimile transmission;(4) Have access to each patient's medical information necessary to perform via computer link, video link, or facsimile transmission a prospective drug utilization review as specified in section 38-2869; and(5) Be employed by or have a contractual agreement to provide such services with the hospital, long-term care facility, or pharmacy where the patient is located.Source  Laws 2008, LB308,  7;  Laws 2009, LB195,  78. 
71-2451.01.  Management of long-term care facility; prohibited acts.Unless otherwise allowed by state or federal law or regulation, the management of a long-term care facility at which an automated medication system is located shall not require a resident of the facility to obtain medication through the automated medication system and shall not restrict or impair the ability of a resident of the facility to obtain medications from the pharmacy of the resident's choice.Source Laws 2013, LB326,  10.
71-2451.  Long-term care facility; annual license; application; contents; inspection; pharmacist; duties; dispensing of drugs; labeling requirements; assisted-living facility; permitted use, when.(1) In order for an automated medication system to be operated in a long-term care facility, a pharmacist in charge of a pharmacy licensed under the Health Care Facility Licensure Act and located in Nebraska shall annually license the long-term care automated pharmacy in which the automated medication system is located.(2) The pharmacist in charge of a licensed pharmacy shall submit an application for licensure or renewal of licensure to the Division of Public Health of the Department of Health and Human Services with a fee in the amount of the fee the pharmacy pays for licensure or renewal. The application shall include:(a) The name and location of the licensed pharmacy;(b) If controlled substances are stored in the automated medication system, the federal Drug Enforcement Administration registration number of the licensed pharmacy. After the long-term care automated pharmacy is registered with the federal Drug Enforcement Administration, the pharmacist in charge of the licensed pharmacy shall provide the federal Drug Enforcement Administration registration number of the long-term care automated pharmacy to the division and any application for renewal shall include such registration number;(c) The location of the long-term care automated pharmacy; and(d) The name of the pharmacist in charge of the licensed pharmacy.(3) As part of the application process, the division shall conduct an inspection by a pharmacy inspector as provided in section 38-28,101 of the long-term care automated pharmacy. The division shall also conduct inspections of the operation of the long-term care automated pharmacy as necessary.(4) The division shall license a long-term care automated pharmacy which meets the licensure requirements of the Automated Medication Systems Act.(5) A pharmacist in charge of a licensed pharmacy shall apply for a separate license for each location at which it operates one or more long-term care automated pharmacies. The licensed pharmacy shall be the provider pharmacy for the long-term care automated pharmacy.(6) The pharmacist in charge of the licensed pharmacy operating a long-term care automated pharmacy shall:(a) Identify a pharmacist responsible for the operation, supervision, policies, and procedures of the long-term care automated pharmacy;(b) Implement the policies and procedures developed to comply with section 71-2447;(c) Assure compliance with the drug storage and record-keeping requirements of the Pharmacy Practice Act;(d) Assure compliance with the labeling requirements of subsection (8) of this section;(e) Develop and implement policies for the verification of drugs by a pharmacist prior to being loaded into the automated medication system or for the verification of drugs by a pharmacist prior to being released for administration to a resident;(f) Develop and implement policies for inventory, security, and accountability for controlled substances; and(g) Assure that each medical order is reviewed by a pharmacist prior to the release of the drugs by the automated medication system. Emergency doses may be taken from an automated medication system prior to review by a pharmacist if the licensed pharmacy develops and implements policies for emergency doses. Emergency doses may not be taken from an automated medication system prior to review by a pharmacist for residents of an assisted-living facility co-located with a long-term care facility.(7) Supervision by a pharmacist is sufficient for compliance with the requirement of subdivision (6)(a) of this section if the pharmacist in the licensed pharmacy monitors the automated medication system electronically and keeps records of compliance with such requirement for five years.(8) Each drug dispensed from a long-term care automated pharmacy shall be in a package with a label containing the following information:(a) The name and address of the long-term care automated pharmacy;(b) The prescription number;(c) The name, strength, and dosage form of the drug;(d) The name of the resident;(e) The name of the practitioner who prescribed the drug;(f) The date of filling; and(g) Directions for use.(9) A prescription is required for any controlled substance dispensed from a long-term care automated pharmacy and for any medication dispensed for a resident of an assisted-living facility co-located with a long-term care facility.(10) An assisted-living facility co-located with a long-term care facility which has a long-term care automated pharmacy may obtain drugs dispensed from an automated medication distribution machine by the long-term care automated pharmacy for residents of the assisted-living facility as long as the procedures of the Automated Medication Systems Act are followed with regard to dispensing the drugs.(11) The inventory which is transferred to a long-term care automated pharmacy shall be excluded from the percent of total prescription drug sales revenue described in section 71-7454.Source  Laws 2013, LB326,  9;  Laws 2022, LB592,  2.   Effective Date: July 21, 2022  Cross References   Health Care Facility Licensure Act, see section 71-401.  Pharmacy Practice Act, see section 38-2801. 
71-2452.  Violations; disciplinary action.Any person who violates the Automated Medication Systems Act may be subject to disciplinary action by the Division of Public Health of the Department of Health and Human Services under the Health Care Facility Licensure Act or the Uniform Credentialing Act.Source  Laws 2008, LB308,  8;  Laws 2013, LB326,  11. Cross References   Health Care Facility Licensure Act, see section 71-401.  Uniform Credentialing Act, see section 38-101. 
71-2453.  Department of Correctional Services facilities, detention facilities, or jails; prescription drug or device; return for credit or relabeling and redispensing; requirements; liability; professional disciplinary action.(1) Prescription drugs or devices which have been dispensed pursuant to a valid prescription and delivered to a Department of Correctional Services facility, a criminal detention facility, a juvenile detention facility, or a jail for administration to a prisoner or detainee held at such facility or jail, but which are not administered to such prisoner or detainee, may be returned to the pharmacy from which they were dispensed under contract with the facility or jail for credit or for relabeling and redispensing and administration to another prisoner or detainee held at such facility or jail pursuant to a valid prescription as provided in this section.(2)(a) The decision to accept return of a dispensed prescription drug or device for credit or for relabeling and redispensing rests solely with the pharmacist at the contracting pharmacy.(b) A dispensed prescription drug or device shall be properly stored and in the control of the facility or jail at all times prior to the return of the drug or device for credit or for relabeling and redispensing. The drug or device shall be returned in the original and unopened labeled container dispensed by the pharmacist with the tamper-evident seal intact, and the container shall bear the expiration date or calculated expiration date and lot number of the drug or device.(c) A prescription drug or device shall not be returned or relabeled and redispensed under this section if the drug or device is a controlled substance, if the drug has restricted distribution by the federal Food and Drug Administration, or if the relabeling and redispensing is otherwise prohibited by law.(3) For purposes of this section:(a) Administration has the definition found in section 38-2807;(b) Calculated expiration date has the definition found in section 38-2808.01;(c) Criminal detention facility has the definition found in section 83-4,125;(d) Department of Correctional Services facility has the definition of facility found in section 83-170;(e) Dispense or dispensing has the definition found in section 38-2817;(f) Jail has the definition found in section 47-117;(g) Juvenile detention facility has the definition found in section 83-4,125;(h) Prescription has the definition found in section 38-2840; and(i) Prescription drug or device has the definition found in section 38-2841.(4) The Jail Standards Board, in consultation with the Board of Pharmacy, shall adopt and promulgate rules and regulations relating to the return of dispensed prescription drugs or devices for credit, relabeling, or redispensing under this section, including, but not limited to, rules and regulations relating to (a) education and training of persons authorized to administer the prescription drug or device to a prisoner or detainee, (b) the proper storage and protection of the drug or device consistent with the directions contained on the label or written drug information provided by the pharmacist for the drug or device, (c) limits on quantity to be dispensed, (d) transferability of drugs or devices for prisoners or detainees between facilities, (e) container requirements, (f) establishment of a drug formulary, and (g) fees for the pharmacy to accept the returned drug or device.(5) Any person or entity which exercises reasonable care in accepting, distributing, or dispensing prescription drugs or devices under this section or rules and regulations adopted and promulgated under this section shall be immune from civil or criminal liability or professional disciplinary action of any kind for any injury, death, or loss to person or property relating to such activities.Source  Laws 2009, LB288,  46;  Laws 2011, LB274,  2;  Laws 2015, LB37,  78.  
71-2454.01.  Veterinary Prescription Monitoring Program Task Force; created; duties; members; meeting; report.(1) The Veterinary Prescription Monitoring Program Task Force is created. The task force shall conduct a study to develop recommendations of which controlled substances shall be reported by a veterinarian to the prescription drug monitoring program created under section 71-2454 when dispensing drugs from a veterinarians office or an animal shelter. The study shall include appropriate methods and procedures of reporting by the veterinarians with the necessary database field information. The task force shall utilize nationally available resources afforded by the American Association of Veterinary State Boards and the Department of State Legislative and Regulatory Affairs of the American Veterinary Medical Association in development of the recommendations.(2) The task force shall consist of at least ten members appointed by the chairperson of the Health and Human Services Committee of the Legislature as follows: One member of the Health and Human Services Committee; two at-large members of the Legislature; three members selected from a list of six veterinarians provided by the Board of Veterinary Medicine and Surgery, one of whom is employed by or provides services at an animal shelter; one pharmacist nominated by the Nebraska Pharmacists Association or its successor organization; and two members nominated by the Nebraska Veterinary Medical Association or its successor organization. The task force shall also include a representative of the prescription drug monitoring program who shall be a nonvoting member and serve in an advisory capacity only.(3) The members of the task force shall be appointed within one hundred twenty days after February 25, 2016. The initial meeting of the task force shall be convened within one hundred eighty days after February 25, 2016. The task force shall elect a chairperson and may elect any additional officers from among its members. All task force members shall serve without compensation.(4) The task force shall report its findings and recommendations to the Health and Human Services Committee of the Legislature on or before December 1, 2016.(5) For purposes of this section, animal shelter has the definition found in section 54-626.Source Laws 2016, LB471,  2. 
71-2454.  Prescription drug monitoring; system established; provisions included; not public records.(1) An entity described in section 71-2455 shall establish a system of prescription drug monitoring for the purposes of (a) preventing the misuse of controlled substances that are prescribed, (b) allowing prescribers and dispensers to monitor the care and treatment of patients for whom such a prescription drug is prescribed to ensure that such prescription drugs are used for medically appropriate purposes, (c) providing information to improve the health and safety of patients, and (d) ensuring that the State of Nebraska remains on the cutting edge of medical information technology.(2) Such system of prescription drug monitoring shall be implemented as follows: Except as provided in subsection (4) of this section, all prescription drug information shall be reported to the prescription drug monitoring system. The prescription drug monitoring system shall include, but not be limited to, provisions that:(a) Prohibit any patient from opting out of the prescription drug monitoring system;(b) Require any prescription drug that is dispensed in this state or to an address in this state to be entered into the system by the dispenser or his or her delegate no less frequently than daily after such prescription drug is sold, including prescription drugs for patients paying cash or otherwise not relying on a third-party payor for payment;(c) Allow all prescribers or dispensers of prescription drugs to access the system at no cost to such prescriber or dispenser;(d) Ensure that such system includes information relating to all payors, including, but not limited to, the medical assistance program established pursuant to the Medical Assistance Act; and(e) Make the prescription drug information available to the statewide health information exchange described in section 71-2455 for access by its participants if such access is in compliance with the privacy and security protections set forth in the provisions of the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and regulations promulgated thereunder, except that if a patient opts out of the statewide health information exchange, the prescription drug information regarding that patient shall not be accessible by the participants in the statewide health information exchange.(3) Except as provided in subsection (4) of this section, prescription drug information that shall be submitted electronically to the prescription drug monitoring system shall be determined by the entity described in section 71-2455 and shall include, but not be limited to:(a) The patient's name, address, telephone number, if a telephone number is available, gender, and date of birth;(b) A patient identifier such as a military identification number, driver's license number, state identification card number, or other valid government-issued identification number, insurance identification number, pharmacy software-generated patient-specific identifier, or other identifier associated specifically with the patient;(c) The name and address of the pharmacy dispensing the prescription drug;(d) The date the prescription is issued;(e) The date the prescription is filled;(f) The date the prescription is sold to the patient;(g) The number of refills authorized;(h) The prescription number of the prescription drug;(i) The National Drug Code number as published by the federal Food and Drug Administration of the prescription drug;(j) The strength of the prescription drug prescribed;(k) The quantity of the prescription drug prescribed and the number of days' supply;(l) The prescriber's name and National Provider Identifier number or Drug Enforcement Administration number when reporting a controlled substance; and(m) Additional information as determined by the Health Information Technology Board and as published in the submitter guide for the prescription drug monitoring system.(4) Beginning July 1, 2018, a veterinarian licensed under the Veterinary Medicine and Surgery Practice Act shall be required to report the dispensing of prescription drugs which are controlled substances listed on Schedule II, Schedule III, Schedule IV, or Schedule V pursuant to section 28-405. Each such veterinarian shall indicate that the prescription is an animal prescription and shall include the following information in such report:(a) The first and last name and address, including city, state, and zip code, of the individual to whom the prescription drug is dispensed in accordance with a valid veterinarian-client-patient relationship;(b) Reporting status;(c) The first and last name of the prescribing veterinarian and his or her federal Drug Enforcement Administration number;(d) The National Drug Code number as published by the federal Food and Drug Administration of the prescription drug and the prescription number;(e) The date the prescription is written and the date the prescription is filled;(f) The number of refills authorized, if any; and(g) The quantity of the prescription drug and the number of days' supply.(5)(a) All prescription drug information submitted pursuant to this section, all data contained in the prescription drug monitoring system, and any report obtained from data contained in the prescription drug monitoring system are confidential, are privileged, are not public records, and may be withheld pursuant to section 84-712.05 except for information released as provided in subsection (9) or (10) of this section.(b) No patient-identifying data as defined in section 81-664, including the data collected under subsection (3) of this section, shall be disclosed, made public, or released to any public or private person or entity except to the statewide health information exchange described in section 71-2455 and its participants, to prescribers and dispensers as provided in subsection (2) of this section, or as provided in subsection (7), (9), or (10) of this section.(c) All other data is for the confidential use of the department and the statewide health information exchange described in section 71-2455 and its participants. The department, or the statewide health information exchange in accordance with policies adopted by the Health Information Technology Board and in collaboration with the department, may release such information in accordance with the privacy and security provisions set forth in the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and regulations promulgated thereunder, as Class I, Class II, or Class IV data in accordance with section 81-667, except for purposes in accordance with subsection (9) or (10) of this section, to the private or public persons or entities that the department or the statewide health information exchange, in accordance with policies adopted by the Health Information Technology Board, determines may view such records as provided in sections 81-663 to 81-675. In addition, the department, or the statewide health information exchange in accordance with policies adopted by the Health Information Technology Board and in collaboration with the department, may release such information as provided in subsection (9) or (10) of this section.(6) The statewide health information exchange described in section 71-2455, in accordance with policies adopted by the Health Information Technology Board and in collaboration with the department, shall establish the minimum administrative, physical, and technical safeguards necessary to protect the confidentiality, integrity, and availability of prescription drug information.(7) If the entity receiving the prescription drug information has privacy protections at least as restrictive as those set forth in this section and has implemented and maintains the minimum safeguards required by subsection (6) of this section, the statewide health information exchange described in section 71-2455, in accordance with policies adopted by the Health Information Technology Board and in collaboration with the department, may release the prescription drug information and any other data collected pursuant to this section to:(a) Other state prescription drug monitoring programs;(b) State and regional health information exchanges;(c) The medical director and pharmacy director of the Division of Medicaid and Long-Term Care of the department, or their designees;(d) The medical directors and pharmacy directors of medicaid-managed care entities, the state's medicaid drug utilization review board, and any other state-administered health insurance program or its designee if any such entities have a current data-sharing agreement with the statewide health information exchange described in section 71-2455, and if such release is in accordance with the privacy and security provisions of the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and all regulations promulgated thereunder;(e) Organizations which facilitate the interoperability and mutual exchange of information among state prescription drug monitoring programs or state or regional health information exchanges; or(f) Electronic health record systems or pharmacy-dispensing software systems for the purpose of integrating prescription drug information into a patient's medical record.(8) The department, or the statewide health information exchange described in section 71-2455, in accordance with policies adopted by the Health Information Technology Board and in collaboration with the department, may release to patients their prescription drug information collected pursuant to this section. Upon request of the patient, such information may be released directly to the patient or a personal health record system designated by the patient which has privacy protections at least as restrictive as those set forth in this section and that has implemented and maintains the minimum safeguards required by subsection (6) of this section.(9) In accordance with the privacy and security provisions set forth in the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and regulations promulgated thereunder, the department, or the statewide health information exchange described in section 71-2455 under policies adopted by the Health Information Technology Board, may release data collected pursuant to this section for statistical, public policy, or educational purposes after removing information which identifies or could reasonably be used to identify the patient, prescriber, dispenser, or other person who is the subject of the information, except as otherwise provided in subsection (10) of this section.(10) In accordance with the privacy and security provisions set forth in the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and regulations promulgated thereunder, the department, or statewide health information exchange described in section 71-2455 under policies adopted by the Health Information Technology Board, may release data collected pursuant to this section for quality measures as approved or regulated by state or federal agencies or for patient quality improvement or research initiatives approved by the Health Information Technology Board.(11) The statewide health information exchange described in section 71-2455, entities described in subsection (7) of this section, or the department may request and receive program information from other prescription drug monitoring programs for use in the prescription drug monitoring system in this state in accordance with the privacy and security provisions set forth in the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and regulations promulgated thereunder.(12) The statewide health information exchange described in section 71-2455, in collaboration with the department, shall implement technological improvements to facilitate the secure collection of, and access to, prescription drug information in accordance with this section.(13) Before accessing the prescription drug monitoring system, any user shall undergo training on the purpose of the system, access to and proper usage of the system, and the law relating to the system, including confidentiality and security of the prescription drug monitoring system. Such training shall be administered by the statewide health information exchange described in section 71-2455 or the department. The statewide health information exchange described in section 71-2455 shall have access to the prescription drug monitoring system for training operations, maintenance, and administrative purposes. Users who have been trained prior to May 10, 2017, or who are granted access by an entity receiving prescription drug information pursuant to subsection (7) of this section, are deemed to be in compliance with the training requirement of this subsection.(14) For purposes of this section:(a) Deliver or delivery means to actually, constructively, or attempt to transfer a drug or device from one person to another, whether or not for consideration;(b) Department means the Department of Health and Human Services;(c) Delegate means any licensed or registered health care professional credentialed under the Uniform Credentialing Act designated by a prescriber or dispenser to act as an agent of the prescriber or dispenser for purposes of submitting or accessing data in the prescription drug monitoring system and who is supervised by such prescriber or dispenser;(d) Prescription drug or drugs means a prescription drug or drugs dispensed by delivery to the ultimate user or caregiver by or pursuant to the lawful order of a prescriber but does not include (i) the delivery of such prescription drug for immediate use for purposes of inpatient hospital care or emergency department care, (ii) the administration of a prescription drug by an authorized person upon the lawful order of a prescriber, (iii) a wholesale distributor of a prescription drug monitored by the prescription drug monitoring system, or (iv) the dispensing to a nonhuman patient of a prescription drug which is not a controlled substance listed in Schedule II, Schedule III, Schedule IV, or Schedule V of section 28-405;(e) Dispenser means a person authorized in the jurisdiction in which he or she is practicing to deliver a prescription drug to the ultimate user or caregiver by or pursuant to the lawful order of a prescriber;(f) Participant means an individual or entity that has entered into a participation agreement with the statewide health information exchange described in section 71-2455 which requires the individual or entity to comply with the privacy and security protections set forth in the provisions of the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and regulations promulgated thereunder; and(g) Prescriber means a health care professional authorized to prescribe in the profession which he or she practices.Source  Laws 2011, LB237,  1;  Laws 2014, LB1072,  1;  Laws 2016, LB471,  1;  Laws 2017, LB223,  1;  Laws 2018, LB1034,  65;  Laws 2019, LB556,  4;  Laws 2020, LB1183,  7.  Cross References   Medical Assistance Act, see section 68-901.  Uniform Credentialing Act, see section 38-101.  Veterinary Medicine and Surgery Practice Act, see section 38-3301. 
71-2455.  Prescription drug monitoring; Department of Health and Human Services; powers and duties; Health Information Technology Board; administration.Subject to sections 81-6,127 and 81-6,128, the Department of Health and Human Services, in collaboration with the Nebraska Health Information Initiative or any successor public-private statewide health information exchange, shall enhance or establish technology for prescription drug monitoring to carry out the purposes of section 71-2454. The department may use state funds and accept grants, gifts, or other funds in order to implement and operate the technology. The department may adopt and promulgate rules and regulations to authorize use of electronic health information, if necessary to carry out the purposes of sections 71-2454 and 71-2455. The department shall contract with the statewide health information exchange for the administration of the Health Information Technology Board, and such contract shall specify that the health information exchange is responsible for the administration of the Health Information Technology Board, including, but not limited to, providing meeting notices, recording and distributing meeting minutes, administrative tasks related to the same, and funding such activities. The contract shall also include provisions for the statewide health information exchange to reimburse the expenses of the members of the board pursuant to subsection (5) of section 81-6,127. Such reimbursement shall be paid using a process essentially similar to sections 81-1174 to 81-1177. No state funds, including General Funds, cash funds, and federal funds, shall be used to carry out the administrative duties of the Health Information Technology Board nor for reimbursement of the expenses of the board members.Source  Laws 2011, LB237,  2;  Laws 2014, LB1072,  2;  Laws 2020, LB1183,  8.  
71-2456.  Prescription Drug Monitoring Program Fund; created; investment.The Prescription Drug Monitoring Program Fund is created. The Department of Health and Human Services shall administer the fund which shall include any state funds, grants, or gifts received by the department for the purposes of carrying out the purposes of sections 71-2454 and 71-2455. 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.Source Laws 2014, LB1072,  3.Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-2457.  Prescription Drug Safety Act; act, how cited.Sections 71-2457 to 71-2483 shall be known and may be cited as the Prescription Drug Safety Act.Source  Laws 2015, LB37,  1;  Laws 2020, LB1052,  12.  
71-2458.  Definitions, where found.For purposes of the Prescription Drug Safety Act, the definitions found in sections 71-2459 to 71-2476 apply.Source  Laws 2015, LB37,  2;  Laws 2020, LB1052,  13.  
71-2459.  Administer, defined.Administer means to directly apply a drug or device by injection, inhalation, ingestion, or other means to the body of a patient or research subject.Source Laws 2015, LB37,  3. 
71-246.  Reciprocal requirements and disabilities; applicable; when.When the laws or the rules of the authorities of a state or country place any requirement or disability upon any person holding a diploma or certificate from any school or college of barbering in this state in which barbering is taught, which affects the right of such person to be licensed in such state, the same requirement or disability shall be placed upon any person holding a diploma or certificate from a similar school or college situated in that state when applying for a license to practice in this state.Source Laws 1983, LB 87,  9. 
71-2460.  Administration, defined.Administration means the act of (1) administering, (2) keeping a record of such activity, and (3) observing, monitoring, reporting, and otherwise taking appropriate action regarding desired effect, side effect, interaction, and contraindication associated with administering the drug or device.Source Laws 2015, LB37,  4. 
71-2461.01.  Central fill, defined.Central fill means the preparation, other than by compounding, of a drug, device, or biological pursuant to a medical order where the preparation occurs in a pharmacy other than the pharmacy dispensing to the patient or caregiver.Source Laws 2020, LB1052,  14. 
71-2461.  Adulterated drug, defined.Adulterated drug means an article (1) if, when a drug is sold under or by the name recognized in The United States Pharmacopeia and The National Formulary, it differs from the standard of strength, quality, or purity as determined by the test laid down in The United States Pharmacopeia and The National Formulary official at the time of investigation, except that no drug defined in The United States Pharmacopeia and The National Formulary shall be deemed to be adulterated under this subdivision if the standard of strength or purity is plainly stated upon the bottle, box, or other container thereof, although the standard may differ from that determined by the test laid down in The United States Pharmacopeia and The National Formulary, or (2) if its strength or purity falls below the professed standard of quality under which it is sold.Source   Laws 1941, c. 141,  9, p. 560;   C.S.Supp.,1941,  81-928;   R.S.1943,  81-620;   R.S.1943, (2009),  71-2401;  Laws 2015, LB37,  5.  
71-2462.  Chart order, defined.Chart order has the definition found in section 38-2810.Source Laws 2015, LB37,  6. 
71-2463.  Compounding, defined.Compounding means the preparation of components into a drug product.Source Laws 2015, LB37,  7. 
71-2464.  Controlled substance, defined.Controlled substance has the definition found in section 28-401.Source Laws 2015, LB37,  8. 
71-2465.  Dispense or dispensing, defined.(1) Dispense or dispensing means interpreting, evaluating, and implementing a medical order, including preparing and delivering a drug or device to a patient or caregiver as defined in section 38-2809 in a suitable container appropriately labeled for subsequent administration to, or use by, a patient.(2) Dispensing includes (a) dispensing incident to practice, (b) dispensing pursuant to a delegated dispensing permit, (c) dispensing pursuant to a medical order, and (d) any transfer of a prescription drug or device to a patient or caregiver as defined in section 38-2809 other than by administering.Source Laws 2015, LB37,  9. 
71-2466.  Distribute, defined.Distribute means to deliver a drug or device, other than by administering or dispensing.Source Laws 2015, LB37,  10. 
71-2467.  Drugs, medicines, and medicinal substances, defined.Drugs, medicines, and medicinal substances means (1) articles recognized in The United States Pharmacopeia and The National Formulary, the Homeopathic Pharmacopoeia of the United States, or any supplement to any of them, (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in humans or animals, (3) articles, except food, intended to affect the structure or any function of the body of a human or an animal, (4) articles intended for use as a component of any articles specified in subdivision (1), (2), or (3) of this section, except any device or its components, parts, or accessories, and (5) prescription drugs or devices.Source Laws 2015, LB37,  11. 
71-2468.  Labeling, defined.Labeling means the process of preparing and affixing a label to any drug container or device container, exclusive of the labeling by a manufacturer, packager, or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all information required by section 71-2479 and federal law or regulation. Compliance with labeling requirements under federal law for devices described in subsection (2) of section 38-2841, medical gases, and medical gas devices constitutes compliance with state law and regulations for purposes of this section. Labeling does not include affixing an auxiliary sticker or other such notation to a container after a drug has been dispensed when the sticker or notation is affixed by a person credentialed under the Uniform Credentialing Act in a facility licensed under the Health Care Facility Licensure Act.Source  Laws 2015, LB37,  12;  Laws 2020, LB1052,  15.  Cross References   Health Care Facility Licensure Act, see section 71-401.  Uniform Credentialing Act, see section 38-101. 
71-2469.  Medical order, defined.Medical order means a prescription, a chart order, or an order for pharmaceutical care issued by a practitioner.Source Laws 2015, LB37,  13. 
71-247.  Reciprocity; board; establish rules.The Board of Barber Examiners shall have the power to establish the necessary rules for carrying out the reciprocal relations with other states or countries which are authorized by sections 71-238 to 71-246.Source Laws 1983, LB 87,  10. 
71-2470.  Misbranded drug, defined.(1) Misbranded drug means a drug, the package or label of which bears any statement, design, or device regarding a drug, or the ingredients of substances contained therein, which is false or misleading in any particular, or any drug product which is falsely labeled with the name and place of business of the manufacturer, packager, or distributor.(2) Misbranded drug includes an article (a) if it is an imitation of or offered for sale under the name of another article, (b) if it is labeled or branded so as to deceive or mislead the purchaser or purport to be a foreign product when not so, or if the contents of the package as originally put up have been removed, in whole or in part, and other contents have been placed in such package, or if the package fails to bear a statement, on the label, of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide, phenacetine (acetphenetidine), antipyrine, belladonna, or any derivative or preparation of any such substance contained therein, or (c) if its package or label bears or contains any statement, design, or device regarding the curative or therapeutic effect of such article, or any of the ingredients or substances contained therein, which is false or fraudulent.Source   Laws 1941, c. 141,  10, p. 561;   C.S.Supp.,1941,  81-929;   R.S.1943,  81-621;   R.S.1943, (2009),  71-2402;  Laws 2015, LB37,  14.  
71-2471.  Pharmacist, defined.Pharmacist means any person who is licensed by the State of Nebraska to practice pharmacy as defined in section 38-2837.Source Laws 2015, LB37,  15. Cross References  Uniform Credentialing Act, see section 38-101.
71-2472.  Pharmacy, defined.Pharmacy has the same meaning as in section 71-425.Source Laws 2015, LB37,  16. 
71-2473.  Practitioner, defined.Practitioner means a certified registered nurse anesthetist, a certified nurse midwife, a dentist, an optometrist, a nurse practitioner, a pharmacist, a physician assistant, a physician, or a podiatrist credentialed under the Uniform Credentialing Act.Source Laws 2015, LB37,  17. Cross References  Uniform Credentialing Act, see section 38-101.
71-2474.  Prescribe, defined.Prescribe means to issue a medical order.Source Laws 2015, LB37,  18. 
71-2475.  Prescription, defined.Prescription means an order for a drug or device issued by a practitioner for a specific patient, for emergency use, or for use in immunizations. Prescription does not include a chart order.Source Laws 2015, LB37,  19. 
71-2476.  Prescription drug or device or legend drug or device, defined.(1) Prescription drug or device or legend drug or device means a drug or device:(a) Which is required under federal law to be labeled with one of the following statements prior to being dispensed or delivered:(i) Caution: Federal law prohibits dispensing without prescription;(ii) Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian; or(iii) "Rx Only"; or(b) Which is required by any applicable federal or state law to be dispensed pursuant only to a prescription or chart order or which is restricted to use by practitioners only.(2) Prescription drug or device or legend drug or device does not include a type of device, including supplies and device components, which carries the federal Food and Drug Administration legend "Caution: Federal law restricts this device to sale by or on the order of a licensed health care practitioner" or an alternative legend approved by the federal Food and Drug Administration which it recognizes, in published guidance, as conveying essentially the same message.Source Laws 2015, LB37,  20. 
71-2477.  Act; how construed; practitioner; duties; compound or reconstitute drug; duties.(1) Nothing in the Prescription Drug Safety Act shall be construed as authority for a practitioner to perform any activity he or she is not otherwise authorized to perform by another law of this state.(2) A practitioner that stores, dispenses, compounds, administers, or otherwise provides any drug to a patient shall comply with the Prescription Drug Safety Act.(3) A practitioner or authorized person that compounds or reconstitutes any drug shall comply with section 38-2867.01.Source Laws 2015, LB37,  21. 
71-2478.  Legend drug not a controlled substance; written, oral, or electronic prescription; information required; controlled substance; requirements; pharmacist; authority to adapt prescription; duties; prohibited acts.(1) Except as otherwise provided in this section or the Uniform Controlled Substances Act or except when administered directly by a practitioner to an ultimate user, a legend drug which is not a controlled substance shall not be dispensed without a written, oral, or electronic prescription. Such prescription shall be valid for twelve months after the date of issuance.(2) A prescription for a legend drug which is not a controlled substance shall contain the following information prior to being filled by a pharmacist or practitioner who holds a pharmacy license under subdivision (1) of section 38-2850: (a) Patient's name, (b) name of the drug, device, or biological, (c) strength of the drug or biological, if applicable, (d) dosage form of the drug or biological, (e) quantity of the drug, device, or biological prescribed, (f) directions for use, (g) date of issuance, (h) number of authorized refills, including pro re nata or PRN refills, (i) prescribing practitioner's name, and (j) if the prescription is written, prescribing practitioner's signature. Prescriptions for controlled substances must meet the requirements of sections 28-414 and 28-414.01.(3)(a) A pharmacist who is exercising reasonable care and who has obtained patient consent may do the following:(i) Change the quantity of a drug prescribed if:(A) The prescribed quantity or package size is not commercially available; or(B) The change in quantity is related to a change in dosage form;(ii) Change the dosage form of the prescription if it is in the best interest of the patient and if the directions for use are also modified to equate to an equivalent amount of drug dispensed as prescribed;(iii) Dispense multiple months' supply of a drug if a prescription is written with sufficient refills; and(iv) Substitute any chemically equivalent drug product for a prescribed drug to comply with a drug formulary which is covered by the patient's health insurance plan unless the prescribing practitioner specifies "no substitution", "dispense as written", or "D.A.W." to indicate that substitution is not permitted. If a pharmacist substitutes any chemically equivalent drug product as permitted under this subdivision, the pharmacist shall provide notice to the prescribing practitioner or the prescribing practitioner's designee. If drug product selection occurs involving a generic substitution, the drug product selection shall comply with section 38-28,111.(b) A pharmacist who adapts a prescription in accordance with this subsection shall document the adaptation in the patient's pharmacy record.(4) A written, signed paper prescription may be transmitted to the pharmacy via facsimile which shall serve as the original written prescription. An electronic prescription may be electronically or digitally signed and transmitted to the pharmacy and may serve as the original prescription.(5) It shall be unlawful for any person knowingly or intentionally to possess or to acquire or obtain or to attempt to acquire or obtain, by means of misrepresentation, fraud, forgery, deception, or subterfuge, possession of any drug substance not classified as a controlled substance under the Uniform Controlled Substances Act which can only be lawfully dispensed, under federal statutes in effect on January 1, 2015, upon the written or oral prescription of a practitioner authorized to prescribe such substances.Source  Laws 2015, LB37,  22;  Laws 2017, LB166,  24;  Laws 2020, LB1052,  16.  Cross References  Uniform Controlled Substances Act, see section 28-401.01.
71-2479.  Legend drug not a controlled substance; prescription; retention; label; contents.(1) Any prescription for a legend drug which is not a controlled substance shall be kept by the pharmacy or the practitioner who holds a pharmacy license in a readily retrievable format and shall be maintained for a minimum of five years. The pharmacy or practitioner shall make all such files readily available to the department and law enforcement for inspection without a search warrant.(2) Before dispensing a legend drug which is not a controlled substance pursuant to a written, oral, or electronic prescription, a label shall be affixed to the container in which the drug is dispensed. Such label shall bear (a) the name, address, and telephone number of the pharmacy or practitioner and the central fill pharmacy if central fill is used, (b) the name of the patient, (c) the date of filling, (d) the serial number of the prescription under which it is recorded in the practitioner's prescription records, (e) the name of the prescribing practitioner, (f) the directions for use, (g) the name of the drug, device, or biological unless instructed to omit by the prescribing practitioner, (h) the strength of the drug or biological, if applicable, (i) the quantity of the drug, device, or biological in the container, except unit-dose containers, (j) the dosage form of the drug or biological, and (k) any cautionary statements contained in the prescription.(3) For multidrug containers, more than one drug, device, or biological may be dispensed in the same container when (a) such container is prepackaged by the manufacturer, packager, or distributor and shipped directly to the pharmacy in this manner or (b) the container does not accommodate greater than a thirty-one-day supply of compatible dosage units and is labeled to identify each drug or biological in the container in addition to all other information required by law.Source  Laws 2015, LB37,  23;  Laws 2017, LB166,  25;  Laws 2020, LB1052,  17.  
71-248.  Licensee; change of residence; certified statement.Any licensee who desires to change his or her residence to that of another state or country shall, upon application to the Board of Barber Examiners and payment of the legal fee, receive a certified statement that he or she is a duly licensed practitioner in this state.Source Laws 1983, LB 87,  11. 
71-2480.  Drugs; adulteration or misbranding; confiscation; destruction or sale; proceeds; disposition.Any drug which is adulterated or misbranded and which is sold, offered for sale, or delivered within this state shall be liable to be proceeded against where the same is found and seized for confiscation by a process of libel for condemnation. If such drug is condemned as being adulterated or misbranded or of a poisonous or deleterious character, the drug shall be disposed of by destruction or sale as the court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the treasury of this state, and such goods shall not be sold in any jurisdiction contrary to the Prescription Drug Safety Act or the laws of that jurisdiction. Any libel proceeding in rem may be joined with any criminal prosecution in personam or may be prosecuted separately.Source   Laws 1941, c. 141,  12, p. 561;   C.S.Supp.,1941,  81-931;   R.S.1943,  81-623;   R.S.1943, (2009),  71-2404;  Laws 2015, LB37,  24.  
71-2481.  Drugs; manufacture or possession of adulterated or misbranded drugs; sale prohibited.No person shall, within this state, manufacture for sale therein or have in his or her possession with intent to sell, offer or expose for sale, or sell any remedies, medicines, or drugs which are adulterated or misbranded.Source   Laws 1941, c. 141,  12, p. 561;   C.S.Supp.,1941,  81-931;   R.S.1943,  81-624;   R.S.1943, (2009),  71-2405;  Laws 2015, LB37,  25.  
71-2482.  Drugs; violations; penalties.Any person violating any of the provisions of section 71-2478, 71-2480, or 71-2481 is guilty of a Class III misdemeanor. Any person, for a second or subsequent violation of any of the provisions of section 71-2480 or 71-2481, is guilty of a Class II misdemeanor.Source  Laws 2015, LB37,  26;  Laws 2016, LB1094,  33.  
71-2483.  Communication authorized.An employee or agent of a prescribing practitioner may communicate a prescription, chart order, or refill authorization issued by the prescribing practitioner to a pharmacist or a pharmacist intern except for an emergency oral authorization for a controlled substance listed in Schedule II of section 28-405. An employee or agent of a prescribing practitioner may communicate a refill authorization issued by the prescribing practitioner to a pharmacy technician.Source  Laws 2015, LB37,  27;  Laws 2018, LB731,  100.  
71-2485.  Act, how cited.Sections 71-2485 to 71-2490 shall be known and may be cited as the Opioid Prevention and Treatment Act.Source Laws 2020, LB1124,  1. 
71-2486.  Act, purpose.The purpose of the Opioid Prevention and Treatment Act is to provide for the use of dedicated revenue for opioid-disorder-related treatment and prevention.Source Laws 2020, LB1124,  2. 
71-2487.  Legislative findings.The Legislature finds that:(1) There is an opioid epidemic occurring in the United States, and Nebraska has been impacted;(2) Many states are recovering funds for the management of opioid addiction within their borders;(3) Coordination surrounding and managing opioid addiction and related disorders is critical to the health and safety of all Nebraskans;(4) Funding for prevention and treatment of opioid addiction and related disorders, including those that are co-occurring with other mental health and substance use disorders, is needed in Nebraska;(5) Law enforcement agencies in the State of Nebraska are dealing with the effects of the opioid epidemic daily and are in need of resources for training, education, and interdiction;(6) There is a need to enhance the network of professionals who provide treatment for opioid addiction and related disorders, including co-occurring mental health disorders and other co-occurring substance use disorders;(7) There is a need for education of medical professionals, including training on proper prescription practices and best practices for tapering patients off of prescribed opioids for medical use;(8) Incarcerated individuals in the Nebraska correctional system and other vulnerable populations with opioid use disorder need access to resources that will help address addiction; and(9) The health and safety of all Nebraskans will be improved by the abatement of opioid addiction in the State of Nebraska.Source Laws 2020, LB1124,  3. 
71-2488.  Funds appropriated or distributed; not considered entitlement or state obligation; conditions on expenditures.Any funds appropriated or distributed under the Opioid Prevention and Treatment Act shall not be considered ongoing entitlements or an obligation on the part of the State of Nebraska. Any funds appropriated or distributed under the act shall be spent in accordance with the terms of any verdict, judgment, compromise, or settlement in or out of court, of any case or controversy brought by the Attorney General pursuant to the Consumer Protection Act or the Uniform Deceptive Trade Practices Act.Source Laws 2020, LB1124,  4. Cross References   Consumer Protection Act, see section 59-1623.  Uniform Deceptive Trade Practices Act, see section 87-306. 
71-2489.  Funds appropriated; report on use.The Department of Health and Human Services shall report annually on or before December 15 to the Legislature, the Governor, and the Attorney General regarding the use of funds appropriated under the Opioid Prevention and Treatment Act and the outcomes achieved from such use. The reports submitted to the Legislature shall be submitted electronically.Source Laws 2020, LB1124,  5. 
71-249.  Mobile barber shop; license; requirements.In order to be licensed as a mobile barber shop by the board, an applicant shall, in addition to the requirements of the Barber Act, meet, and present to the board evidence of meeting, the following requirements:(1) The proposed barber shop is a self-contained, self-supporting, enclosed mobile unit;(2)(a)(i) The mobile unit has a global positioning system tracking device that enables the board to track the location of the barber shop over the Internet;(ii) The device is on board the mobile unit and functioning at all times the barber shop is in operation or open for business; and(iii) The owner of the barber shop provides the board with all information necessary to track the barber shop over the Internet; or(b) The owner of the barber shop submits to the board, in a manner specified by the board, a weekly itinerary showing the dates, exact locations, and times that barbering services are scheduled to be provided. The owner shall submit the itinerary not less than seven calendar days prior to the beginning of the service described in the itinerary and shall submit to the board any changes in the itinerary not less than twenty-four hours prior to the change. A barber shop shall follow the itinerary in providing service and notify the board of any changes;(3) The barber shop is clearly identified as such to the public by a sign;(4) The barber shop complies with the sanitary requirements of the Barber Act and the rules and regulations adopted and promulgated under the act;(5) The entrance into the proposed barber shop used by the general public provides safe access by the public; and(6) The proposed barber shop includes a functional sink and toilet facilities and maintains an adequate supply of clean water and wastewater storage capacity.Source Laws 2018, LB731,  84. 
71-2490.  Nebraska Opioid Recovery Fund; created; use; investment.(1) The Nebraska Opioid Recovery Fund is created. The fund shall include all recoveries received on behalf of the state by the Department of Justice pursuant to the Consumer Protection Act or the Uniform Deceptive Trade Practices Act related to the advertising of opioids. The fund shall include any money, payments, or other things of value in the nature of civil damages or other payment, except criminal penalties, whether such recovery is by way of verdict, judgment, compromise, or settlement in or out of court, of any case or controversy pursuant to such acts. The Department of Justice shall remit any such revenue to the State Treasurer for credit to the Nebraska Opioid Recovery Fund.(2) Any funds appropriated, expended, or distributed from the Nebraska Opioid Recovery Fund shall be spent in accordance with the terms of any verdict, judgment, compromise, or settlement in or out of court, of any case or controversy brought by the Attorney General pursuant to the Consumer Protection Act or the Uniform Deceptive Trade Practices Act.(3) The fund shall exclude funds held in a trust capacity where specific benefits accrue to specific individuals, organizations, political subdivisions, or governments. Such excluded funds shall be deposited in the State Settlement Trust Fund pursuant to section 59-1608.05.(4) Any money in the Nebraska Opioid Recovery 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.Source Laws 2020, LB1124,  6. Cross References   Consumer Protection Act, see section 59-1623.  Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.  Uniform Deceptive Trade Practices Act, see section 87-306. 
71-250.  Mobile barber shop license; application.Any person seeking a license to operate a mobile barber shop shall submit a completed application to the board as provided in section 71-219.02, and along with the application, the applicant shall submit a detailed floor plan or blueprint of the proposed barber shop sufficient to demonstrate compliance with the requirements of section 71-249.Source Laws 2018, LB731,  85. 
71-2501.01.  Act, how cited.Sections 71-2501 to 71-2512 shall be known and may be cited as the Poison Control Act.Source Laws 2015, LB37,  79. 
71-2501.  Poison, defined; exceptions.For purposes of the Poison Control Act:(1) Poison includes: Arsenic, metallic or elemental, and all poisonous compounds and preparations thereof; corrosive sublimate; white precipitate; red precipitate, mercuric iodide; nitrate of mercury; hydrocyanic acid and all its salts and poisonous compounds; aconitine, arecoline, atropine, brucine, colchicine, coniine, daturine, delphinine, gelsemine, gelseminine, homatropine, hyoscine, hyoscyamine, lobeline, pelletierine, physostigmine, pilocarpine, sparteine, strychnine, veratrine, and all other poisonous alkaloids and their salts, poisonous compounds, and preparations; volatile or essential oil of bitter almonds, natural and artificial; aconite, belladonna, calabar bean, cantharides, colchicum, conium cotton root, cocculus indicum, datura, ergot, gelsemium, henbane, ignatia, lobelia, nux vomica, savin, scopolamine, solanum, stramonium, staphisagra, strophanthus, veratrum viride, and their pharmaceutical preparations and compounds; cantharidin, picrotoxin, elaterin, santonin, their poisonous chemical compounds and derivatives and preparations; ascaridol; volatile oil of mustard, natural and synthetic; oil of tansy; oil of savin, glacial acetic acid; trichloracetic acid; aniline oil; benzaldehyde; bromoform; carbolic acid; cresylic acid; chloral hydrate; chromic acid; croton oil; dinitrophenol; mineral acids; oxalic acid; nitrobenzene; phosphorous; paraldehyde; picric acid; salts of antimony; salts of barium, except the sulphate, salts of cobalt, salts of chromium; salts of lead; salts of thallium; salts of zinc; carbon tetrachloride, and silver nitrate; and(2) Poison does not include:(a) Agricultural or garden spray, insecticides, concentrated lye, fungicides, rodent destroyers, and other preparations of whatever ingredients, preservative or otherwise for animal or poultry use, for commercial, industrial, manufacturing, or fire protection purposes or any combination of such purposes, and not for human use, when the same are properly packaged, prepared, and labeled with official poison labels in conformity with the terms and provisions of section 71-2502 or the Federal Food, Drug, and Cosmetic Act, as such act existed on May 1, 2001, or the Federal Insecticide, Fungicide, and Rodenticide Act, as such act existed on May 1, 2001;(b) Preparations prepared by or under the supervision of a governmental agency for use by it or under its direction in the suppression of injurious insect pests and plant diseases destructive to the agricultural and horticultural interests of the state; and(c) Preparations for the destruction of rodents, predatory animals, or noxious weeds.Source   Laws 1941, c. 141,  13, p. 562;   C.S.Supp.,1941,  81-932;   R.S.1943,  81-625;   Laws 1957, c. 296,  1, p. 1068;  Laws 2001, LB 398,  75;  Laws 2015, LB37,  80.  
71-2502.  Poisons; sale; labeling required.It shall be unlawful for any person to vend, sell, dispense, give away, furnish, or otherwise dispose of, or cause to be vended, sold, dispensed, given away, furnished, or otherwise disposed of, either directly or indirectly, any poison without affixing, or causing to be affixed, to the bottle, box, vessel, or package containing the same, a label, printed or plainly written, containing the name of the article, the word poison, the name and place of business of the seller, manufacturer, packager, or distributor, and the date of sale; nor shall it be lawful for any person to deliver any of such poisons until he or she has satisfied himself or herself that the person to whom delivery is made is aware of and understands the poisonous nature of the article and that such poison is to be used for a legitimate purpose.Source   Laws 1941, c. 141,  14, p. 563;   C.S.Supp.,1941,  81-933;   R.S.1943,  81-626;  Laws 2015, LB37,  81.  
71-2503.  Poisons; sale; duty of vendor to record in Poison Register.Every person who disposes of or sells at retail or furnishes any of the poisons in section 71-2501 or any other poisons which the Department of Health and Human Services may from time to time designate, as provided in section 71-2506, shall, before delivery, enter in a book kept for that purpose, to be known as the Poison Register, the date of sale, the name and address of the purchaser, the name and quantity of the poison, the purpose for which it is purchased, and the name of the dispenser, and such record shall be signed by the person to whom the poison is delivered. Such record shall be kept in the form prescribed by the department, and the book containing the same must be always open for inspection by the proper authorities, and must be preserved for at least two years after the last entry.Source   Laws 1941, c. 141,  14, p. 563;   C.S.Supp.,1941,  81-933;   R.S.1943,  81-627;  Laws 1996, LB 1044,  626;  Laws 2007, LB296,  545. 
71-2504.  Poisons; sale; false representation or use of fictitious name by purchaser, prohibited.It shall be unlawful for any person to give or sign a fictitious name or, in order to procure any poison, to make any false representation to the person from whom the same is procured; and it shall be unlawful for any person delivering any poison under the provision of section 71-2503 knowingly to make a fictitious, false or misleading entry in the Poison Register.Source   Laws 1941, c. 141,  14, p. 564;   C.S.Supp.,1941,  81-933;   R.S.1943,  81-628.  
71-2505.  Act; applicability.(1) The Poison Control Act does not apply to the dispensing of poisons or preparation of medicines by practitioners credentialed under the Uniform Credentialing Act who are duly authorized by law to administer or professionally use those poisons specifically named in section 71-2501.(2) The Poison Control Act does not apply to the sale of patent or proprietary medicines in the original package of the manufacturer, packager, or distributor when labeled in conformity with section 71-2502.Source   Laws 1941, c. 141,  14, p. 564;   C.S.Supp.,1941,  81-933;   R.S.1943,  81-629;  Laws 2007, LB463,  1203;  Laws 2015, LB37,  82.  Cross References  Uniform Credentialing Act, see section 38-101.
71-2506.  Poisons; sale; revised schedule of poisons; preparation; notice; hearing; appeal.(1) Whenever, in the judgment of the Department of Health and Human Services, it becomes necessary for the protection of the public to add any poison, not specifically enumerated in section 71-2501, the department shall have printed a revised schedule of all poisons coming under section 71-2501. The department shall forward by mail one copy to each person registered upon its books and to every person applying for same, and the revised schedule shall carry an effective date for the new poisons added. No poison shall be added by the department under this section unless the same shall be as toxic in its effect as any of the poisons enumerated under section 71-2501.(2) Whenever the department proposes to bring any additional poisons under section 71-2501, the proposal shall be set down for hearing. At least ten days' notice of such hearing shall be given by the department. The notice shall designate the poison to be added and shall state the time and place of the hearing. Such notice shall be given by such means as the department determines to be reasonably calculated to notify the various interested parties. The department may adopt and promulgate such rules and regulations with respect to the conduct of such hearings as may be necessary.(3) Any person aggrieved by any order of the department passed pursuant to this section may appeal such order, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1941, c. 141,  14, p. 564;   C.S.Supp.,1941,  81-933;   R.S.1943,  81-630;  Laws 1988, LB 352,  127;  Laws 1996, LB 1044,  627;  Laws 2007, LB296,  546;  Laws 2015, LB37,  83.  Cross References  Administrative Procedure Act, see section 84-920.
71-2507.  Poisons; sale by person not registered pharmacist prohibited; exception.It shall be unlawful for any person, other than a duly registered pharmacist, to sell or dispense poisons as named in section 71-2501, except as otherwise provided in section 71-2501.Source   Laws 1941, c. 141,  14, p. 565;   C.S.Supp.,1941,  81-933;   R.S.1943,  81-631;  Laws 2015, LB37,  84.  
71-2508.  Poisons; sale to minors and incompetents, prohibited.It shall be unlawful for any person in this state to sell or deliver any poison to any minor under eighteen years of age or to any person known to be of unsound mind or under the influence of intoxicants.Source   Laws 1941, c. 141,  14, p. 565;   C.S.Supp.,1941,  81-933;   R.S.1943,  81-632.  
71-2509.  Poisons; restriction to sale upon medical order; power of Department of Health and Human Services.The Department of Health and Human Services may adopt and promulgate rules and regulations, whenever such action becomes necessary for the protection of the public, to prohibit the sale of any poison, subject to this section, except upon the original written, oral, or electronic medical order of practitioners credentialed under the Uniform Credentialing Act who are duly authorized by law to administer or professionally use those poisons specifically named in section 71-2501. Whenever in the opinion of the department it is in the interest of the public health, the department may adopt and promulgate rules and regulations, not inconsistent with the Poison Control Act, further restricting or prohibiting the retail sale of any poison. The rules and regulations must be applicable to all persons alike. The department shall, upon request by any person authorized by the Poison Control Act to sell or dispense any poisons, furnish such person with a list of all articles, preparations, and compounds the sale of which is prohibited or regulated by the Poison Control Act.Source   Laws 1941, c. 141,  14, p. 565;   C.S.Supp.,1941,  81-933;   R.S.1943,  81-633;  Laws 1996, LB 1044,  628;  Laws 2007, LB296,  547;  Laws 2007, LB463,  1204;  Laws 2015, LB37,  85.  Cross References  Uniform Credentialing Act, see section 38-101.
71-251.  Mobile barber shop; application; review; denial; inspection.In addition to the requirements of the Barber Act, each application for a license to operate a mobile barber shop shall be reviewed by the board for compliance with the requirements of the Barber Act. If an application is denied, the applicant shall be informed in writing of the grounds for denial, and such denial shall not prejudice future applications by the applicant. If an application is approved, the board shall issue the applicant a certificate of consideration to operate a mobile barber shop pending an operation inspection. The board shall conduct an operation inspection of each barber shop issued a certificate of consideration within six months after the issuance of such certificate. A barber shop which passes the inspection shall be issued a license. A barber shop which fails the inspection shall submit within fifteen days evidence of corrective action taken to improve those aspects of operation found deficient. If evidence is not submitted within fifteen days or if after a second inspection the barber shop does not receive a satisfactory rating, it shall immediately relinquish its certificate of consideration and cease operation.Source Laws 2018, LB731,  86. 
71-2510.01.  Embalming fluids; use of arsenic or strychnine prohibited; label required; violation; penalty.(1) No person, firm, corporation, partnership, or limited liability company shall manufacture, give away, sell, expose for sale, or deliver any embalming fluid or other fluids of whatsoever name, to be used for or intended for use in the embalming of dead human bodies, which contain arsenic or strychnine, or preparations, compounds, or salts thereof, without having the words arsenic contained herein or strychnine contained herein, as the case may be, written or printed upon a label pasted on the bottle, cask, flask, or carboy in which such fluid shall be contained.(2) No undertaker or other person shall embalm with, inject into, or place upon any dead human body, any fluid or preparation of any kind which contains arsenic or strychnine, or preparations, compounds, or salts thereof.(3) Any person, firm, corporation, partnership, or limited liability company violating any of the provisions of subsection (1) or (2) of this section shall be guilty of a Class III misdemeanor.Source  Laws 1977, LB 38,  85;   Laws 1993, LB 121,  176;   R.S.1943, (2008),  28-425;  Laws 2015, LB37,  87.  
71-2510.  Sales excluded from act.The Poison Control Act does not apply to sales of poisons made to practitioners credentialed under the Uniform Credentialing Act who are duly authorized by law to administer or professionally use those poisons specifically named in section 71-2501, to sales made by any manufacturer, wholesale dealer, or licensed pharmacist to another manufacturer, wholesale dealer, or licensed pharmacist, to a hospital, college, school, or scientific or public institution, or to any person using any of such poisons in the arts or for industrial, manufacturing, or agricultural purposes and believed to be purchasing any poison for legitimate use, or to the sales of pesticides used in agricultural and industrial arts or products used for the control of insect or animal pests or weeds or fungus diseases, if in all such cases, except sales for use in industrial arts, manufacturing, or processing, the poisons are labeled in accordance with section 71-2502.Source   Laws 1941, c. 141,  14, p. 565;   C.S.Supp.,1941,  81-933;   R.S.1943,  81-634;  Laws 1993, LB 588,  36;  Laws 2007, LB463,  1205;  Laws 2015, LB37,  86.  Cross References  Uniform Credentialing Act, see section 38-101.
71-2512.  Violations; penalty.Any person violating any of the provisions of the Poison Control Act, except as specific penalties are otherwise imposed, is guilty of a Class III misdemeanor. Any person, for a second or subsequent violation of any of the provisions of the Poison Control Act, when another specific penalty is not expressly imposed, is guilty of a Class II misdemeanor.Source   Laws 1941, c. 141,  17, p. 567;   C.S.Supp.,1941,  81-935;   R.S.1943,  81-636;  Laws 1972, LB 1067,  3;  Laws 1977, LB 39,  167;  Laws 1988, LB 1100,  131;  Laws 1988, LB 1012,  12;  Laws 2015, LB37,  88.  
71-2513.  Act, how cited.Sections 71-2513 to 71-2517 shall be known and may be cited as the Childhood Lead Poisoning Prevention Act.Source Laws 1993, LB 536,  14. 
71-2514.  Legislative findings.The Legislature hereby finds and declares that:(1) Childhood environmental lead poisoning constitutes a serious threat to the public health of the children of this state and the identification, treatment, and prevention of childhood environmental lead poisoning is a goal of the people;(2) The effectiveness of distinguishing and abating lead hazards in the environment and thereby providing a safer environment to prevent childhood lead poisoning has been well documented;(3) Childhood environmental lead poisoning prevention programs have had a tremendous impact on reducing the occurrence of lead poisoning in the United States;(4) The United States Department of Health and Human Services, Public Health Service, has as its Healthy People 2000 objective the identification, treatment, and reduction of childhood environmental lead poisoning; and(5) There is a national effort to institute environmental lead hazard awareness action plan programs and to provide funds to implement the Healthy People 2000 objective.Source Laws 1993, LB 536,  15. 
71-2515.  Legislative intent.It is the intent of the Legislature that the citizens of Nebraska benefit by participation in national efforts to take innovative action to provide lead analysis of our children and the environment in which they are cared for, live, and learn.Source Laws 1993, LB 536,  16. 
71-2516.  Department of Health and Human Services; statewide environmental lead hazard awareness action plan; powers.The Department of Health and Human Services may participate in national efforts and may develop a statewide environmental lead hazard awareness action plan which is comprehensive in scope and reflects contributions from a broad base of providers and consumers. In order to implement the statewide environmental lead hazard awareness action plan, the department may:(1) Actively seek the participation and commitment of the public, health care professionals and facilities, the educational community, and community organizations in a comprehensive program to ensure that the state's children are appropriately protected from environmental lead hazards;(2) Apply for and receive public and private awards to develop and administer a statewide comprehensive environmental lead hazard awareness action plan program;(3) Provide environmental lead hazard information and education to the public, parents, health care providers, and educators to establish and maintain a high level of awareness;(4) Assist parents, health care providers, and communities in developing systems, including demonstration and pilot projects, which emphasize the protection of children from environmental lead poisoning and the use of private practitioners; and(5) Evaluate the effectiveness of these statewide efforts, identify children at special risk for environmental lead hazard exposure, and report electronically on the activities of the statewide program annually to the Legislature and the citizens of Nebraska.Source  Laws 1993, LB 536,  17;  Laws 1996, LB 1044,  630;  Laws 2012, LB782,  115. 
71-2517.  Entitlement not created; funding.The Childhood Lead Poisoning Prevention Act is not intended to create an entitlement to any activities described in the act, and the Department of Health and Human Services may perform the activities described in the act to the extent funds are available.Source  Laws 1993, LB 536,  18;  Laws 1996, LB 1044,  631.  
71-2518.  Lead poisoning prevention program; established; components; results of tests; reports required; department; reports; payment of costs.(1) The Division of Public Health of the Department of Health and Human Services shall establish a lead poisoning prevention program that has the following components:(a) A coordinated plan to prevent childhood lead poisoning and to minimize exposure of the general public to lead-based paint hazards. Such plan shall:(i) Provide a standard, stated in terms of micrograms of lead per deciliter of whole blood, to be used in identifying elevated blood-lead levels;(ii) Require that a child be tested for an elevated blood-lead level in accordance with the medicaid state plan as defined in section 68-907 if the child is a participant in the medical assistance program established pursuant to the Medical Assistance Act; and(iii) Recommend that a child be tested for elevated blood-lead levels if the child resides in a zip code with a high prevalence of children with elevated blood-lead levels as demonstrated by previous testing data or if the child meets one of the criteria included in a lead poisoning prevention screening questionnaire developed by the department; and(b) An educational and community outreach plan regarding lead poisoning prevention that shall, at a minimum, include the development of appropriate educational materials targeted to health care providers, child care providers, public school personnel, owners and tenants of residential dwellings, and parents of young children. Such educational materials shall be made available to the general public via the department's website.(2) The results of all blood-lead level tests conducted in Nebraska shall be reported to the department. When the department receives notice of a child with an elevated blood-lead level as stated in the plan required pursuant to subdivision (1)(a) of this section, it shall initiate contact with the local public health department or the physician, or both, of such child and offer technical assistance, if necessary.(3) The department shall report electronically to the Legislature by January 1, 2013, and each January 1 thereafter, the number of children from birth through age six who were screened for elevated blood-lead levels during the preceding fiscal year and who were confirmed to have elevated blood-lead levels as stated in the plan required pursuant to subdivision (1)(a) of this section. The report shall compare such results with those of previous fiscal years and shall identify any revisions to the plan required by subdivision (1)(a) of this section.(4) This section does not require the department to pay the cost of elevated-blood-lead-level testing in accordance with this section except in cases described in subdivision (1)(a)(ii) of this section.Source  Laws 2012, LB1038,  1;  Laws 2013, LB222,  27. Cross References  Medical Assistance Act, see section 68-901.
71-252.  Mobile barber shop; operating requirements.In order to maintain its license in good standing, each mobile barber shop shall operate in accordance with the following requirements:(1) The barber shop shall at all times comply with all applicable provisions of the Barber Act and all rules and regulations adopted and promulgated under the act;(2) The barber shop owner or his or her agent shall notify the board of any change of ownership, name, or office address and if a barber shop is permanently closed;(3) No barber shop shall permit any unlicensed person to perform any of the practices of barbering within its confines or employment;(4) The barber shop shall display a name upon, over, or near the entrance door distinguishing it as a barber shop;(5) The barber shop shall permit any duly authorized agent of the board to conduct an operation inspection or investigation at any time during the normal operating hours of the barber shop, without prior notice, and the owner and manager shall assist the inspector by providing access to all areas of the barber shop, all personnel, and all records requested by the inspector;(6) The barber shop shall display in a conspicuous place the following records:(a) The current license or certificate of consideration to operate a barber shop; and(b) The current licenses of all persons licensed under the act who are employed by or working in the barber shop;(7) No barbering practices may be performed in a barber shop while the barber shop is moving. The barber shop must be safely and legally parked in a legal parking space at all times while clients are present inside the barber shop. A barber shop shall not park or conduct business within three hundred feet of another licensed barber shop. The board is not responsible for monitoring for enforcement of this subdivision but may discipline a license for a reported and verified violation; and(8) The owner of the barber shop shall maintain a permanent business address at which correspondence from the board may be received and records of appointments, license numbers, and vehicle identification numbers shall be kept for each barber shop being operated by the owner. The owner shall make such records available for verification and inspection by the board.Source Laws 2018, LB731,  87. 
71-253.  Mobile barber shop license; revocation or expiration; effect.The license of a mobile barber shop that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such barber shop may reopen for business.Source Laws 2018, LB731,  88. 
71-254.  Mobile barber shop license; change of ownership or mobile unit; effect.Each mobile barber shop license issued shall be in effect solely for the owner or owners and the mobile unit named thereon and shall expire automatically upon any change of ownership or mobile unit. An original application for licensure shall be submitted and approved before such barber shop may reopen for business.Source Laws 2018, LB731,  89. 
71-255.  Mobile barber shop; owner liability.The owner of each mobile barber shop shall have full responsibility for ensuring that the barber shop is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the barber shop.Source Laws 2018, LB731,  90. 
71-256.  Home barber services permit; issuance.(1) A barber shop may employ licensed barbers, according to the licensed activities of the barber shop, to perform home barber services by obtaining a home barber services permit.(2) In order to obtain a home barber services permit from the board, an applicant shall:(a) Hold a current, active barber shop license; and(b) Submit a complete application at least ten days before the proposed date for beginning home barbering services.(3) The board shall issue a home barber services permit to each applicant meeting the requirements set forth in this section.Source Laws 2020, LB755,  26. 
71-257.  Home barber services permit; requirements.In order to maintain in good standing or renew its home barber services permit, a barber shop shall at all times operate in accordance with the requirements for operation, maintain its license in good standing, and ensure that the home barber services comply with the following requirements:(1)(a) Clients receiving home barber services shall be in emergency or persistent circumstances which shall generally be defined as any condition sufficiently immobilizing to prevent the client from leaving the client's residence regularly to conduct routine affairs of daily living such as grocery shopping, visiting friends and relatives, attending social events, attending worship services, and other similar activities.(b) Emergency or persistent circumstances may include such conditions or situations as:(i) Chronic illness or injury leaving the client bedridden or with severely restricted mobility;(ii) Extreme general infirmity such as that associated with the aging process;(iii) Temporary conditions, including, but not limited to, immobilizing injury and recuperation from serious illness or surgery;(iv) Having sole responsibility for the care of an invalid dependent or a mentally disabled person requiring constant attention;(v) Mental disability that significantly limits the client in areas of functioning described in subdivision (1)(a) of this section; or(vi) Any other condition that, in the opinion of the board, meets the general definition of emergency or persistent circumstances;(2) The barber shop shall determine that each person receiving home barber services meets the requirements of subdivision (1) of this section and shall:(a) Complete a client information form supplied by the board before home barber services may be provided to any client; and(b) Keep on file the client information forms of all clients it is currently providing with home barber services or to whom it has provided such services within the past two years;(3) The barber shop shall employ or contract with barbers licensed under the Barber Act to provide home barber services and shall not permit any person to perform any home barber services under its authority for which the person is not licensed;(4) No client shall be left unattended while any chemical service is in progress or while any electrical appliance is in use; and(5) Each barber shop providing home barber services shall post a daily itinerary for each barber providing home barber services. The kit used by each barber to provide home barber services shall be available for inspection at the barber shop or at the home of the client receiving the home barber services.Source Laws 2020, LB755,  27. 
71-258.  Client; home inspection; limitations.An agent of the board may make an operation inspection in the home of a client if the inspection is limited to the activities, procedures, and materials of the barber providing the home barber services.Source Laws 2020, LB755,  28. 
71-259.  Home barber services; requirements.No barber may perform home barber services except when employed by or under contract to a barber shop holding a valid home barber services permit.Source Laws 2020, LB755,  29. 
71-260.  Home barber services permit; renewal; revocation or expiration; effect.Each home barber services permit shall be subject to renewal at the same time as the barber shop license and shall be renewed upon request of the permitholder if the barber shop is operating its home barber services in compliance with the Barber Act and if the barber shop license is renewed. No permit that has been revoked or expired may be reinstated or transferred to another owner or location.Source Laws 2020, LB755,  30. 
71-2601.  State Board of Health; members; appointment; qualifications.(1) The State Board of Health shall promote and protect the health and safety of all people in Nebraska.(2) The board shall consist of seventeen members to be appointed by the Governor with the consent of a majority of the members of the Legislature. Two members shall be licensed to practice medicine and surgery in this state, one member shall be licensed to practice dentistry in this state, one member shall be licensed to practice optometry in this state, one member shall be licensed to practice veterinary medicine in this state, one member shall be licensed to practice pharmacy in this state, two members shall be licensed to practice nursing in this state, one member shall be licensed to practice osteopathic medicine and surgery or as an osteopathic physician in this state, one member shall be licensed to practice podiatry in this state, one member shall be licensed to practice chiropractic in this state, one member shall be licensed to practice physical therapy in this state, one member shall be a professional engineer in this state, one member shall be an administrator of a hospital in this state which is licensed under the Health Care Facility Licensure Act, one member shall be a credentialed mental health professional, and two members shall be public members who at all times are public-spirited citizens of Nebraska interested in the health of the people of the State of Nebraska and not less than twenty-one years of age. If a member fails at any time to meet the qualifications for the position for which he or she was appointed, such member may be removed by the Governor pursuant to section 71-2603.(3) The Governor shall also be an ex officio member of such board but shall be permitted to vote on matters before the board only when necessary to break a tie.Source   Laws 1953, c. 335,  7, p. 1102;   Laws 1959, c. 327,  1, p. 1191;   Laws 1967, c. 454,  1, p. 1405;   Laws 1969, c. 574,  1, p. 2320;  Laws 1971, LB 279,  1;  Laws 1978, LB 575,  1;  Laws 1989, LB 342,  30;  Laws 1993, LB 375,  2;  Laws 1995, LB 563,  46;  Laws 1997, LB 622,  105;  Laws 1999, LB 828,  168;  Laws 2000, LB 819,  107;  Laws 2003, LB 56,  1.  Cross References  Health Care Facility Licensure Act, see section 71-401.
71-2602.  Board; members; term; vacancy; appointment.The Governor shall appoint the members of the State Board of Health. Each member of the board serving on October 1, 2003, shall hold office until August 1 of the calendar year in which his or her term would otherwise expire. Appointments made for the succeeding members shall be for terms of five years. The term of office of each member of the board shall expire on August 1 of the appropriate year. If a vacancy occurs prior to the expiration of a term, the Governor shall appoint a successor with similar qualifications for the remainder of the unexpired term. No member of the board shall serve more than two consecutive, full terms. If the Legislature is not in session when an appointment is made by the Governor, the member shall take office and act as a recess appointee until the Legislature convenes.Source   Laws 1953, c. 335,  8, p. 1102;   Laws 1959, c. 327,  2, p. 1191;  Laws 1972, LB 1067,  4;  Laws 1993, LB 375,  3;  Laws 2003, LB 56,  2.  
71-2603.  Board; members; removal; grounds; procedure.Members of the State Board of Health may be removed by the Governor for inefficiency, neglect of duty, failure to maintain the qualifications for the position for which appointed, or misconduct in office, but only after delivering to the member a copy of the charges and affording the member an opportunity of being publicly heard in person or by counsel in his or her own defense, upon not less than ten days' notice. Such hearing shall be held before the Governor. If such member is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against such member and the Governor's findings thereon, together with a complete record of the proceedings.Source   Laws 1953, c. 335,  9, p. 1103;  Laws 2003, LB 56,  3.  
71-2605.  Board; members; per diem; expenses.The members of the State Board of Health shall receive the sum of twenty dollars per diem, while actually engaged in the business of the board, and shall be reimbursed for expenses incurred in the performance of their duties as provided in sections 81-1174 to 81-1177.Source   Laws 1953, c. 335,  11, p. 1103;  Laws 1981, LB 204,  123;  Laws 2020, LB381,  63.  
71-2606.  Board; members; chairperson; officers; election.In the last calendar quarter of each year, the members of the State Board of Health shall meet and elect a chairperson of the board from the members and such other officers, including a vice-chairperson and a secretary, as the board deems necessary. In case of the death, resignation, or other permanent absence of the chairperson of the board, the vice-chairperson shall assume the office of chairperson and the members of the board at the next regular meeting of the board, or at a special meeting of the board pursuant to a call signed by five members of which the other members shall have at least three days' notice, shall elect a new chairperson of the board from the members and such other new officers as the board deems necessary.Source   Laws 1953, c. 335,  12, p. 1103;   Laws 1969, c. 575,  1, p. 2321;  Laws 2003, LB 56,  4.  
71-2607.  Board; meetings; notice; open to public.The State Board of Health shall meet at least once each quarter and at such other times as it deems necessary. Special meetings may be held upon the call of the chairperson or pursuant to a call signed by five other members of which the chairperson and the other members of the board shall have at least three days' notice. All regular meetings shall be held in suitable offices to be provided in the state office building described in section 81-1108.37 or elsewhere. A majority of the members of the board shall constitute a quorum for the transaction of business. Every act of a majority of the members of the board shall be deemed to be the act of the board. All meetings shall be open to the public. The minutes of the meetings shall show the action of the board on matters presented and shall be open to public inspection.Source   Laws 1953, c. 335,  13, p. 1103;   Laws 1969, c. 575,  2, p. 2322;  Laws 2003, LB 56,  5.  
71-261.  Home barber services permit; owner; liability.The owner of a barber shop holding a home barber services permit shall have full responsibility for ensuring that the home barber services are provided in compliance with all applicable laws and rules and regulations and shall be liable for any violation which occurs.Source Laws 2020, LB755,  31. 
71-2610.01.  Board; powers and duties.The State Board of Health shall:(1) Adopt and promulgate rules and regulations for the government of the professions and occupations licensed, certified, registered, or issued permits by the Division of Public Health of the Department of Health and Human Services, including rules and regulations necessary to implement laws enforced by the division. These professions and occupations are those subject to the Asbestos Control Act, the Radiation Control Act, the Residential Lead-Based Paint Professions Practice Act, the Uniform Controlled Substances Act, the Uniform Credentialing Act, or the Wholesale Drug Distributor Licensing Act;(2) Serve in an advisory capacity for other rules and regulations adopted and promulgated by the division, including those for health care facilities and environmental health services;(3) Carry out its powers and duties under the Nebraska Regulation of Health Professions Act;(4) Appoint and remove for cause members of health-related professional boards as provided in sections 38-158 to 38-167;(5) At the discretion of the board, help mediate issues related to the regulation of health care professions except issues related to the discipline of health care professionals; and(6) Have the authority to participate in the periodic review of the regulation of health care professions.All funds rendered available by law may be used by the board in administering and effecting such purposes.Source  Laws 1981, LB 249,  3;   Laws 1992, LB 1019,  78;  Laws 1996, LB 1044,  633;  Laws 1997, LB 307,  186;  Laws 1998, LB 1073,  124;  Laws 2000, LB 1115,  71;  Laws 2003, LB 56,  7;  Laws 2005, LB 256,  93;  Laws 2007, LB296  550;  Laws 2007, LB463,  1206. Cross References   Asbestos Control Act, see section 71-6317.  Boards:   Appointment, see section 38-158 et seq.  Enumerated, see section 38-167.  Nebraska Regulation of Health Professions Act, see section 71-6201.  Radiation Control Act, see section 71-3519.  Residential Lead-Based Paint Professions Practice Act, see section 71-6318.  Uniform Controlled Substances Act, see section 28-401.01.  Uniform Credentialing Act, see section 38-101.  Wholesale Drug Distributor Licensing Act, see section 71-7427. 
71-2610.  Board; advise Division of Public Health of the Department of Health and Human Services.The State Board of Health shall advise the Division of Public Health of the Department of Health and Human Services regarding:(1) Rules and regulations for the government of the division;(2) The policies of the division as they relate to support provided to the board;(3) The policies of the division concerning the professions and occupations described in section 71-2610.01;(4) Communication and cooperation among the professional boards; and(5) Plans of organization or reorganization of the division.Source   Laws 1953, c. 335,  16, p. 1104;  Laws 1981, LB 249,  2;  Laws 1982, LB 449,  8;  Laws 1982, LB 450,  7;  Laws 1982, LB 448,  7;  Laws 1987, LB 473,  41;  Laws 1996, LB 1044,  632;  Laws 2003, LB 56,  6;  Laws 2007, LB296,  549. 
71-2611.  Board; immunity.No member of the State Board of Health shall be liable in damages to any person for slander, libel, defamation of character, breach of any privileged communication, or otherwise for any action taken or recommendation made within the scope of the functions of such board while acting as an agent of the state if such board member acts without malice and in the reasonable belief that such action or recommendation is warranted by the facts known to him or her after a reasonable effort is made to obtain the facts on which such action is taken or recommendation is made.Source Laws 2003, LB 56,  8. 
71-2617.  Health and Human Services Reimbursement Fund; created; purpose; investment.There is hereby created in the Department of Health and Human Services a cash fund to be known as the Health and Human Services Reimbursement Fund. Any money in the Department of Health and Human Services Regulation and Licensure Reimbursement Fund on July 1, 2007, shall be transferred to the Health and Human Services Reimbursement Fund. The fund shall be used for payment of services performed for the department for inspection and licensing of hospitals and nursing homes under Title XIX of the federal Social Security 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.Source  Laws 1971, LB 224,  1;  Laws 1996, LB 1044,  634;  Laws 2007, LB296,  551. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-2618.  Water samples; analyses; fees; testing; agreements; certification; standards; fees; existing rules, regulations, certifications; agreements, forms of approval, suits, other proceedings; how treated.(1) For purposes of the Nebraska Safe Drinking Water Act, the Director of Public Health of the Department of Health and Human Services may establish and collect fees for making laboratory analyses of water samples pursuant to sections 71-2619 to 71-2621, except that subsection (6) of section 71-2619 shall not apply for purposes of the Nebraska Safe Drinking Water Act. Inspection fees for making other laboratory agreements shall be established and collected pursuant to sections 71-2619 to 71-2621.(2)(a) The Director of Public Health of the Department of Health and Human Services shall certify and enter into authorization agreements with laboratories to perform tests on water that is intended for human consumption, including the tests required by the director for compliance and monitoring purposes. The director shall establish, through rules and regulations, standards for certification. Such standards (i) may include requirements for staffing, equipment, procedures, and methodology for conducting laboratory tests, quality assurance and quality control procedures, and communication of test results, (ii) shall provide for certification of independent laboratories to test samples provided by public water systems for all acute toxins for which the department tests such samples, including, but not limited to, coliform, nitrates, inorganic chemicals, organic chemicals, radionuclides, and any other acute toxins for which the department tests such samples, and (iii) shall be consistent with requirements for performing laboratory tests established by the United States Environmental Protection Agency to the extent such requirements are consistent with state law. The director may accept accreditation by a recognized independent accreditation body, public agency, or federal program which has standards that are at least as stringent as those established pursuant to this section. The director may adopt and promulgate rules and regulations which list accreditation bodies, public agencies, and federal programs that may be accepted as evidence that a laboratory meets the standards for certification. Inspection fees and fees for certifying other laboratories shall be established and collected to defray the cost of the inspections and certification as provided in sections 71-2619 to 71-2621.(b) Laboratories shall be allowed to test water samples which are not compliance samples by testing methods other than the methods and procedures required to be used on compliance samples by rules and regulations of the department. For purposes of this section, compliance sample means a water sample required under the Nebraska Safe Drinking Water Act and rules and regulations of the department to determine whether a public water system meets current drinking water standards.(3) All rules and regulations adopted prior to July 1, 2021, under subdivision (1)(b) or subsection (2) of section 71-5306 shall continue to be effective to the extent not in conflict with the changes made by Laws 2021, LB148, and until amended or repealed by the department.(4) All certifications, agreements, or other forms of approval issued prior to July 1, 2021, in accordance with subdivision (1)(b) or subsection (2) of section 71-5306 shall remain valid as issued for purposes of the changes made by Laws 2021, LB148, unless revoked or otherwise terminated by law.(5) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to July 1, 2021, under subdivision (1)(b) or subsection (2) of section 71-5306 shall be subject to the provisions of such section as they existed prior to July 1, 2021.Source Laws 2021, LB148,  71. Cross References  Nebraska Safe Drinking Water Act, see section 71-5313.
71-2619.  Laboratory supplies and services; fees; establish; disposition.(1) The Department of Health and Human Services may by regulation establish fees to defray the costs of providing specimen containers, shipping outfits, and related supplies and fees to defray the costs of certain laboratory examinations as requested by individuals, firms, corporations, or governmental agencies in the state. Fees for the provision of certain classes of shipping outfits or specimen containers shall be no more than the actual cost of materials, labor, and delivery. Fees for the provision of shipping outfits may be made when no charge is made for service.(2) Fees may be established by regulation for chemical or microbiological examinations of various categories of water samples. Fees established for examination of water to ascertain qualities for domestic, culinary, and associated uses shall be set to defray no more than the actual cost of the tests in the following categories: (a) Inorganic chemical assays; (b) organic pollutants; and (c) bacteriological examination to indicate sanitary quality as coliform density by membrane filter test or equivalent test.(3) Fees for examinations of water from lakes, streams, impoundments, or similar sources, from wastewaters, or from ground water for industrial or agricultural purposes may be charged in amounts established by regulation but shall not exceed one and one-half times the limits set by regulation for examination of domestic waters.(4) Fees may be established by regulation for chemical or microbiological examinations of various categories of samples to defray no more than the actual cost of testing. Such fees may be charged for:(a) Any specimen submitted for radiochemical analysis or characterization;(b) Any material submitted for chemical characterization or quantitation; and(c) Any material submitted for microbiological characterization.(5) Fees may be established by regulation for the examinations of certain categories of biological and clinical specimens to defray no more than the actual costs of testing. Such fees may be charged for examinations pursuant to law or regulation of:(a) Any specimen submitted for chemical examination for assessment of health status or functional impairment;(b) Any specimen submitted for microbiological examination which is not related to direct human contact with the microbiological agent; and(c) A specimen submitted for microbiological examination or procedure by an individual, firm, corporation, or governmental unit other than the department.(6) The department shall not charge fees for tests that include microbiological isolation, identification examination, or other laboratory examination for the following:(a) A contagious disease when the department is authorized by law or regulation to directly supervise the prevention, control, or surveillance of such contagious disease;(b) Any emergency when the health of the people of any part of the state is menaced or exposed pursuant to section 71-502; and(c) When adopting or enforcing special quarantine and sanitary regulations authorized by the department.(7) Combinations of different tests or groups of tests submitted together may be offered at rates less than those set for individual tests as allowed in this section and shall defray the actual costs.(8) Fees may be established by regulation to defray no more than the actual costs of certifying laboratories, inspecting laboratories, and making laboratory agreements between the department and laboratories other than the Department of Health and Human Services, Division of Public Health, Environmental Laboratory for the purpose of conducting analyses of drinking water as prescribed in section 71-2618. For each laboratory applying for certification, fees shall include (a) an annual fee not to exceed one thousand eight hundred dollars per laboratory and (b) an inspection fee not to exceed three thousand dollars per certification period for each laboratory located in this state.(9) All fees collected pursuant to this section shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund.Source  Laws 1973, LB 583,  2;  Laws 1983, LB 617,  21;  Laws 1986, LB 1047,  4;  Laws 1996, LB 1044,  636;  Laws 2007, LB296,  552;  Laws 2008, LB928,  20;  Laws 2021, LB148,  69.  
71-2620.  Agreements for laboratory tests; contents.The Division of Public Health of the Department of Health and Human Services may enter into agreements, not exceeding one year in duration, with any other governmental agency relative to the provision of certain laboratory tests and services to the agency. Such services shall be provided as stipulated in the agreement and for such fee, either lump sum or by the item, as is mutually agreed upon and as complies with the provisions of section 71-2619. 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.Source  Laws 1973, LB 583,  3;  Laws 1996, LB 1044,  637;  Laws 2001, LB 432,  11;  Laws 2007, LB296,  553;  Laws 2008, LB928,  21. 
71-2621.  Fees; laboratory tests and services; credited to Health and Human Services Cash Fund.All fees collected for laboratory tests and services pursuant to sections 71-2618 to 71-2620 shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund, which shall be used to partially defray the costs of labor, operations, supplies, and materials in the operations of the Department of Health and Human Services, Division of Public Health, Environmental Laboratory.Source  Laws 1973, LB 583,  4;  Laws 1996, LB 1044,  638;  Laws 2007, LB296,  554;  Laws 2008, LB928,  22;  Laws 2021, LB148,  70.  
71-2622.  Transferred to section 81-15,292.
71-2701.  Act, how cited.Sections 71-2701 to 71-2705 shall be known and may be cited as the Health Care Crisis Protocol Act.Source Laws 2021, LB139,  5. Cross References  COVID-19 Liability Act, see section 25-3601.
71-2702.  Health care crisis protocol, defined.For purposes of the Health Care Crisis Protocol Act, health care crisis protocol means the plans and protocols for triage and the application of medical services and resources for critically ill patients in the event that the demand for medical services and resources exceeds supply as a result of a pervasive or catastrophic disaster as provided in the Health Care Crisis Protocol for the State of Nebraska published by the Nebraska Medical Emergency Operations Center, dated May 10, 2021.Source Laws 2021, LB139,  6. Cross References  COVID-19 Liability Act, see section 25-3601.
71-2703.  Health care crisis protocol; activated; when.The health care crisis protocol may be activated only in extraordinary circumstances when the level of demand for medical services and resources exceeds the available resources required to deliver the generally accepted standard of care and crisis operations will be in effect for a sustained period.Source Laws 2021, LB139,  7. Cross References  COVID-19 Liability Act, see section 25-3601.
71-2704.  Health care providers; standards; effect of health care crisis protocol.The health care crisis protocol does not change or alter the standard for malpractice or professional negligence for health care providers set forth in section 44-2810.Source Laws 2021, LB139,  8. Cross References  COVID-19 Liability Act, see section 25-3601.
71-2705.  Health care crisis protocol; hospital; Department of Health and Human Services; duties.(1) Each hospital shall have the health care crisis protocol available for inspection by the public.(2) The Department of Health and Human Services shall publish a copy of the health care crisis protocol on the department's website for inspection by the public.(3) For purposes of this section, hospital means a hospital licensed under the Health Care Facility Licensure Act.Source Laws 2021, LB139,  9. Cross References   COVID-19 Liability Act, see section 25-3601.  Health Care Facility Licensure Act, see section 71-401. 
71-2803.  Transferred to section 71-1,383.
71-2804.  Transferred to section 71-1,388.
71-2807.  Transferred to section 71-1,389.
71-2810.  Transferred to section 71-1,385.
71-2917.  Extermination of mosquitoes, flies, insects; county and city of the primary class; jointly or severally; powers.Any county and any city of the primary class located therein shall have the power jointly or severally to take all necessary and proper steps for the extermination of mosquitoes, flies, or other insects of public health importance within their respective areas of jurisdiction and shall have the following powers:(1) To abate as nuisances all stagnant pools of water and other breeding places for mosquitoes, flies, or other insects of public health importance within their areas;(2) To purchase such supplies and materials and to employ such labor as may be necessary or proper in furtherance of the objectives set forth in sections 71-2917 and 71-2918;(3) To make contracts to indemnify or compensate the owner of land or other property for any injury or damage necessarily caused by the exercise of these powers or arising out of the using, taking, or damaging of property for any of the purposes set forth in sections 71-2917 and 71-2918;(4) To exercise the power of eminent domain and to take private property for public use within their respective areas of jurisdiction for the purpose of carrying out the provisions of this section, and all damages sustained by the owners of the property taken shall be ascertained and paid for in the manner set forth in sections 76-704 to 76-724, and amendments thereto;(5) Generally to do any and all things necessary or incidental to the powers granted in sections 71-2917 and 71-2918, including but not limited to the right to enter upon private property for all necessary inspections and to carry out the objectives set forth in sections 71-2917 and 71-2918; and(6) To appropriate the necessary funds to carry out the objectives contained in sections 71-2917 and 71-2918.Source  Laws 1961, c. 344,  1, p. 1096. 
71-2918.  Extermination of mosquitoes, flies, insects; county and city of the primary class; jointly or severally; nuisance; abatement; expenses; lien.Any county and any city of the primary class located therein shall have the powers, jointly or severally:(1) To declare as a nuisance any stagnant pool of water or other breeding place for mosquitoes, flies, or other insects of public health importance within their areas;(2) To direct the owner or user of the property upon which such nuisance exists to abate such nuisance; and(3) If such owner or user refuses, fails, or neglects to abate such nuisance, after proper notice and lapse of a reasonable time for complying, to take any necessary and proper steps to abate such nuisance. Any such county and city shall have and acquire a lien for the expense thereof against the property upon which the expense was incurred, which lien shall be enforceable in the same manner as liens are enforced against buildings and lots for labor and material furnished by contract with the owner.Source  Laws 1961, c. 344,  2, p. 1097. 
71-3,100.  Transferred to section 38-1071.
71-3,101.  Transferred to section 38-1072.
71-3,102.  Transferred to section 38-10,103.
71-3,104.  Transferred to section 38-1073.
71-3,105.  Transferred to section 38-1074.
71-3,106.01.  Transferred to section 38-1076.
71-3,106.  Transferred to section 38-1075.
71-3,117.  Transferred to section 38-1077.
71-3,119.01.  Transferred to section 38-1079.
71-3,119.02.  Transferred to section 38-1080.
71-3,119.03.  Transferred to section 38-1081.
71-3,119.  Transferred to section 38-1078.
71-3,120.  Transferred to section 38-1082.
71-3,121.  Transferred to section 38-1083.
71-3,122.  Transferred to section 38-1084.
71-3,123.  Transferred to section 38-1085.
71-3,124.  Transferred to section 38-1086.
71-3,125.  Transferred to section 38-1087.
71-3,126.  Transferred to section 38-1088.
71-3,127.  Transferred to section 38-1089.
71-3,128.  Transferred to section 38-1090.
71-3,129.  Transferred to section 38-1091.
71-3,130.  Transferred to section 38-1092.
71-3,131.  Transferred to section 38-1093.
71-3,133.  Transferred to section 38-1094.
71-3,134.  Transferred to section 38-1095.
71-3,135.  Transferred to section 38-1096.
71-3,136.  Transferred to section 38-1097.
71-3,137.  Transferred to section 38-1098.
71-3,138.02.  Transferred to section 38-10,100.
71-3,138.  Transferred to section 38-1099.
71-3,139.  Transferred to section 38-10,101.
71-3,140.  Transferred to section 38-10,102.
71-3,141.  Transferred to section 38-10,104.
71-3,142.  Transferred to section 38-10,105.
71-3,143.  Transferred to section 38-10,106.
71-3,144.  Transferred to section 38-10,107.
71-3,146.  Transferred to section 38-10,108.
71-3,147.  Transferred to section 38-10,109.
71-3,148.  Transferred to section 38-10,110.
71-3,149.  Transferred to section 38-10,111.
71-3,150.  Transferred to section 38-10,112.
71-3,151.  Transferred to section 38-10,113.
71-3,152.  Transferred to section 38-10,114.
71-3,153.  Transferred to section 38-10,115.
71-3,154.  Transferred to section 38-10,116.
71-3,156.  Transferred to section 38-10,117.
71-3,157.  Transferred to section 38-10,118.
71-3,158.  Transferred to section 38-10,119.
71-3,159.  Transferred to section 38-10,120.
71-3,160.  Transferred to section 38-10,121.
71-3,161.  Transferred to section 38-10,122.
71-3,162.  Transferred to section 38-10,123.
71-3,163.  Transferred to section 38-10,124.
71-3,164.  Transferred to section 38-10,125.
71-3,169.  Transferred to section 38-10,169.
71-3,170.  Transferred to section 38-10,170.
71-3,177.  Transferred to section 38-10,171.
71-3,180.  Transferred to section 38-10,126.
71-3,181.  Transferred to section 38-10,127.
71-3,183.  Transferred to section 38-10,128.
71-3,184.  Transferred to section 38-10,129.
71-3,186.  Transferred to section 38-10,130.
71-3,187.  Transferred to section 38-10,131.
71-3,191.  Transferred to section 38-10,132.
71-3,192.  Transferred to section 38-10,133.
71-3,193.  Transferred to section 38-10,134.
71-3,194.  Transferred to section 38-10,135.
71-3,195.  Transferred to section 38-10,136.
71-3,206.  Transferred to section 38-10,137.
71-3,208.  Transferred to section 38-10,138.
71-3,210.  Transferred to section 38-10,139.
71-3,211.  Transferred to section 38-10,140.
71-3,212.  Transferred to section 38-10,141.
71-3,213.  Transferred to section 38-10,142.
71-3,214.  Transferred to section 38-10,143.
71-3,215.  Transferred to section 38-10,144.
71-3,216.  Transferred to section 38-10,145.
71-3,217.  Transferred to section 38-10,146.
71-3,218.  Transferred to section 38-10,147.
71-3,219.  Transferred to section 38-10,148.
71-3,220.  Transferred to section 38-10,149.
71-3,221.  Transferred to section 38-10,150.
71-3,222.  Transferred to section 38-10,151.
71-3,223.  Transferred to section 38-10,152.
71-3,224.  Transferred to section 38-10,153.
71-3,225.  Transferred to section 38-10,154.
71-3,226.  Transferred to section 38-10,155.
71-3,227.  Transferred to section 38-10,156.
71-3,228.  Transferred to section 38-10,157.
71-3,229.  Transferred to section 38-10,158.
71-3,230.  Transferred to section 38-10,159.
71-3,231.  Transferred to section 38-10,160.
71-3,232.  Transferred to section 38-10,161.
71-3,233.  Transferred to section 38-10,162.
71-3,234.  Transferred to section 38-10,163.
71-3,235.  Transferred to section 38-10,164.
71-3,236.  Transferred to section 38-10,165.
71-3,237.  Transferred to section 38-10,166.
71-3,238.  Transferred to section 38-10,167.
71-3001.  Act, how cited.Sections 71-3001 to 71-3007 shall be known and may be cited as the Nebraska Mental Health First Aid Training Act.Source Laws 2014, LB901,  2.
71-3002.  Legislative findings.The Legislature finds that:(1) National statistics show that one in four Americans will face a mental illness in his or her lifetime;(2) Mental health first aid builds an understanding of how mental illness affects Nebraskans, provides an overview of common treatments, and teaches basic skills for providing assistance to a person who may be developing symptoms or experiencing a crisis;(3) A mental health first aid program is an education program recognized on the Substance Abuse and Mental Health Services Administration's National Registry of Evidence-based Programs and Practices; and(4) The Behavioral Health Education Center administered by the University of Nebraska Medical Center has conducted a series of mental health first aid training courses and the experience of providing such courses may be utilized regarding the implementation of a mental health first aid training program as prescribed by the Nebraska Mental Health First Aid Training Act.Source Laws 2014, LB901,  3.
71-3003.  Terms, defined.For purposes of the Nebraska Mental Health First Aid Training Act:(1) Behavioral health regions means the behavioral health regions established pursuant to section 71-807; and(2) Mental health first aid means the help provided to a person who is experiencing a mental health or substance abuse problem or in a mental health crisis before appropriate professional assistance or other supports are secured.Source Laws 2014, LB901,  4.
71-3004.  Mental health first aid training program; Division of Behavioral Health of Department of Health and Human Services; duties.(1) The Division of Behavioral Health of the Department of Health and Human Services shall establish a mental health first aid training program, using contracts through the behavioral health regions, to help the public identify and understand the signs of a mental illness or substance abuse problem or a mental health crisis and to provide the public with skills to help a person who is developing or experiencing a mental health or substance abuse problem or a mental health crisis and to de-escalate crisis situations if needed. The training program shall provide an interactive mental health first aid training course administered by the state's regional behavioral health authorities. Instructors in the training program shall be certified by a national authority for Mental Health First Aid USA or a similar organization. The training program shall work cooperatively with local entities to provide training for individuals to become instructors.(2) The mental health first aid training program shall be designed to train individuals to accomplish the following objectives as deemed appropriate considering the trainee's age:(a) Help the public identify, understand, and respond to the signs of mental illness and substance abuse;(b) Emphasize the need to reduce the stigma of mental illness; and(c) Assist a person who is believed to be developing or has developed a mental health or substance abuse problem or who is believed to be experiencing a mental health crisis.Source Laws 2014, LB901,  5.
71-3005.  Efficacy of mental health first aid training program; behavioral health regions; report.The Division of Behavioral Health of the Department of Health and Human Services shall ensure that evaluative criteria are established which measure the efficacy of the mental health first aid training program, including trainee feedback, with the objective of helping the public identify, understand, and respond to the signs of mental illness and alcohol and substance abuse. The behavioral health regions shall submit an aggregated annual report electronically to the Legislature on trainee demographics and outcomes of the established criteria.Source Laws 2014, LB901,  6.
71-3006.  Behavioral health regions; duties.The behavioral health regions shall offer services to and work with agencies and organizations, including, but not limited to, schools, universities, colleges, the State Department of Education, the Department of Veterans' Affairs, law enforcement agencies, and local health departments, to develop a program that offers grants to implement the Nebraska Mental Health First Aid Training Act in ways that are representative and inclusive with respect to the economic and cultural diversity of this state.Source Laws 2014, LB901,  7.
71-3007.  Legislative intent.It is the intent of the Legislature to appropriate one hundred thousand dollars annually to the Department of Health and Human Services to carry out the Nebraska Mental Health First Aid Training Act.Source Laws 2014, LB901,  8.
71-3101.  Transferred to section 81-15,271.
71-3102.  Transferred to section 81-15,272.
71-3103.  Transferred to section 81-15,273.
71-3104.  Transferred to section 81-15,274.
71-3105.  Transferred to section 81-15,275.
71-3106.  Transferred to section 81-15,276.
71-3107.  Transferred to section 81-15,277.
71-3201.  Terms, defined.As used in sections 71-3201 to 71-3213, unless the context otherwise requires:(1) Applicant shall mean any person who makes application for a license under such sections;(2) License shall mean a license to engage in the private detective business as a private detective, as a private detective agency, or as a plain clothes investigator in the State of Nebraska;(3) Licensee shall mean any person licensed under such sections;(4) Person shall mean and include any individual, firm, partnership, limited liability company, association, company, corporation, or other legal entity;(5) Plain clothes investigator shall mean and include any individual, other than a private detective, who as an employee and on behalf of a private detective agency without any identifying uniform performs services consisting wholly or partially of detective or investigative activity within the scope of the private detective business;(6) Private detective shall mean any individual who as a sole proprietor engages in the private detective business without the assistance of any employee;(7) Private detective agency shall mean any person who as other than a private detective or a plain clothes investigator engages in the private detective business;(8) Private detective business shall mean and include any private business engaged in by any person defined in subdivision (4) of this section who advertises or holds himself or herself out to the public, in any manner, as being engaged in the secret service or private policing business; and(9) Secretary shall mean the Secretary of State.Source   Laws 1959, c. 329,  1, p. 1195;   Laws 1993, LB 121,  433.  
71-3202.  License required; false representation of employment by licensee.No person shall, in the State of Nebraska after July 1, 1959, by any direct or indirect means, engage in the private detective business, as a private detective, as a private detective agency, or as a plain clothes investigator, act or assume to act as a licensee, or represent himself to be a licensee unless such person is duly licensed and holds a valid license under the provisions of sections 71-3201 to 71-3213; and no person shall in the State of Nebraska falsely represent that he is employed by or represents a licensee.Source  Laws 1959, c. 329,  2, p. 1196. 
71-3203.  Applicability of sections.The provisions of sections 71-3201 to 71-3213 shall not prevent the proper local authorities of any city or village, by ordinance or other proper manner within the exercise of the police power of such city or village, from appointing special policemen for such purposes and subject to such proper and reasonable restrictions, terms, and conditions as such local authorities may prescribe; but such police power shall not be so exercised as to infringe upon or nullify any license duly issued and held under the provisions of sections 71-3201 to 71-3213.Source  Laws 1959, c. 329,  3, p. 1197. 
71-3204.  Secretary of State; rules and regulations; fees.(1) The secretary may adopt and promulgate and alter from time to time rules and regulations relating to the administration of, but not inconsistent with, sections 71-3201 to 71-3213.(2) The secretary shall establish fees for initial and renewal applications for applicants at rates sufficient to cover the costs of administering sections 71-3201 to 71-3213. The secretary shall remit the fees received pursuant to this section to the State Treasurer for credit to the Secretary of State Cash Fund.Source   Laws 1959, c. 329,  4, p. 1197;  Laws 2002, Second Spec. Sess., LB 25,  1;  Laws 2020, LB910,  31.  
71-3205.  License; application; criminal history record check; investigation; qualifications; fee.(1) Any person desiring to engage in the private detective business in the State of Nebraska and desiring to be licensed under sections 71-3201 to 71-3213 shall file with the secretary an application for a license. The application shall be made on a suitable form prescribed by the secretary; shall include the applicant's social security number if the applicant is an individual; shall be accompanied when filed by an application fee established pursuant to section 71-3204; shall be signed and verified by each individual connected with the applicant to whom the requirements of subsection (2) of this section apply; and may contain such information as may be required by the secretary. The applicant shall also submit two legible sets of fingerprints to the Nebraska State Patrol for a national criminal history record check through the Federal Bureau of Investigation.(2) The secretary shall issue to the person if qualified therefor a nontransferable license to engage in the private detective business as a private detective, as a private detective agency, or as a plain clothes investigator in the State of Nebraska as follows: If the applicant is an individual, the individual; if the applicant is a corporation, each of its individual officers performing the duties of the president, the secretary, and the treasurer of the corporation and the duties of the manager of the business of the corporation in the State of Nebraska; or if the applicant is any person other than an individual or a corporation, each of the individual partners, members, managers, officers, or other individuals having a right to participate in the management of the applicant's business in the State of Nebraska.(3) The applicant shall be at least twenty-one years of age, a citizen of the United States, and of good moral character, temperate habits, and good reputation for truth, honesty, and integrity and shall have such experience and competence in the detective business or otherwise as the secretary may determine to be reasonably necessary for the individual to perform the duties of his or her position in a manner consistent with the public interest and welfare.(4) No license issued under sections 71-3201 to 71-3213 shall be issued or renewed to any person who in any manner engages in the business of debt collection in the State of Nebraska as licensee or employee of a licensee as provided in the Collection Agency Act. If any collection agency, or any person in the employ of such agency with knowledge of the owner or operator of such agency, engages in the business of a private detective or represents to others that he or she is engaged in such business, it shall be cause for suspension or revocation of such agency's license as a collection agency.(5) Prior to the issuance of the license, the secretary shall notify the Nebraska State Patrol, and the patrol shall investigate the character and reputation of the applicant respecting his or her fitness to engage in the business of a private detective. Upon completion of the investigation, the patrol shall notify the secretary of the results of the investigation within ninety days after the date of the application. The license shall be issued by the secretary unless he or she has received within ninety days after the application is made for the license a report of investigation from the patrol stating that the applicant is not of the proper character and reputation to engage in the business of a private detective.Source   Laws 1959, c. 329,  5, p. 1197;   Laws 1965, c. 426,  1, p. 1363;   Laws 1967, c. 457,  1, p. 1425;   Laws 1982, LB 928,  54;  Laws 1987, LB 175,  1;  Laws 1993, LB 261,  21;  Laws 1997, LB 752,  180;  Laws 2002, Second Spec. Sess., LB 25,  2;  Laws 2003, LB 267,  2.  Cross References  Collection Agency Act, see section 45-601.
71-3206.  Applicant for license; disqualification.No license shall be issued to any individual applicant, or to any applicant other than an individual, if such individual applicant or if any one or more of those individuals participating or intending to participate directly in the management of such other applicant's business in the State of Nebraska has been convicted in the State of Nebraska or in any other state or territory of the United States of any felony or any misdemeanor involving a sex offense or involving moral turpitude; Provided, this section shall not apply when a full pardon has been given.Source  Laws 1959, c. 329,  6, p. 1198. 
71-3207.  License; bond; conditions.Before the license may be issued or renewed, the applicant shall file and the licensee shall continuously maintain with the secretary a surety bond executed by a surety company authorized to do business in the State of Nebraska in the sum of ten thousand dollars conditioned for the faithful and honest conduct and compliance with the provisions of sections 71-3201 to 71-3213 upon the part of such applicant or licensee and upon the part of any plain clothes investigator employed by such applicant or licensee; and any person injured by the willful, malicious, or wrongful act of such applicant or licensee or any employee thereof within the scope of the license may bring an action on such bond in his own name to recover his damages; Provided, that the aggregate liability of the surety for all breaches of the conditions of the bond shall, in no event, exceed the sum of said bond. The surety on such bond shall have a right to cancel such bond upon giving thirty days' notice to the secretary; Provided, that such cancellation shall not affect any liability on the bond which accrued prior thereto.Source  Laws 1959, c. 329,  7, p. 1198. 
71-3208.  License; renewal; form and content; posting.The license when issued or renewed shall be of such form and content as the secretary may prescribe, shall be posted and prominently displayed in the licensee's principal place of engaging in the private detective business in the State of Nebraska, and shall include the name of the licensee, the name or names under which the licensee is licensed to engage in the private detective business in the State of Nebraska, and the number, date of issue or reissue and expiration date of the license.Source  Laws 1959, c. 329,  8, p. 1199. 
71-3209.  License; renewal; term; renewal fee; renewal application.Each license issued or renewed by the secretary shall expire on June 30 of the first even-numbered year following its issuance and may be renewed by the secretary upon the payment by the licensee, not later than the expiration date, of the license renewal fee established pursuant to section 71-3204 and upon the submission by such licensee of such a license renewal application as the secretary may prescribe as reasonably necessary to ascertain such licensee's continued compliance with the provisions of sections 71-3201 to 71-3213.Source   Laws 1959, c. 329,  9, p. 1199;   Laws 1965, c. 426,  2, p. 1364;   Laws 1982, LB 928,  55;  Laws 2002, Second Spec. Sess., LB 25,  3.  
71-3210.  Secretary of State; denial, suspension, or revocation of license; grounds.The secretary may from time to time, upon first giving the applicant or licensee an opportunity for a hearing on the matter, (1) deny any application for a license, (2) refuse to renew any license, (3) suspend any license for a time or upon a condition having a reasonable relation to the administration of the provisions of sections 71-3201 to 71-3213, or (4) revoke any license issued or renewed under the provisions of sections 71-3201 to 71-3213 (a) upon a determination that there has been a significant change in those individuals participating directly in the management of the applicant's or licensee's business in the State of Nebraska or that, (b) by reason of such applicant's or licensee's failure to comply with the provisions of sections 71-3201 to 71-3213, insolvency, bankruptcy or other bad or improper conduct upon the part of such applicant or licensee or upon the part of any officer, agent, or employee of such applicant or licensee within the scope of the office, authority, or employment of such officer, agent or employee, or (c) when for any other suitable reason the granting of a license to such applicant or the continuation of such licensee's license is not consistent with the public interest and welfare.Source  Laws 1959, c. 329,  10, p. 1199. 
71-3211.  Appeal; procedure.Any applicant, licensee, or other person directly and adversely affected by any order of the secretary may appeal such order, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1959, c. 329,  11, p. 1200;  Laws 1988, LB 352,  130.  Cross References  Administrative Procedure Act, see section 84-920.
71-3212.  Licensee; agents and employees; compliance required.It shall be the duty of every licensee and, so far as applicable, of every officer, agent, and employee of every licensee to comply with the provisions of sections 71-3201 to 71-3213 and with every applicable rule and regulation made and adopted by the secretary.Source  Laws 1959, c. 329,  12, p. 1200. 
71-3213.  Violations; penalty.Any person who violates any provision of sections 71-3201 to 71-3213 or fails to perform any duty imposed upon such person by the provisions of sections 71-3201 to 71-3213 shall be guilty of a Class II misdemeanor.Source   Laws 1959, c. 329,  13, p. 1200;  Laws 1977, LB 39,  171.  
71-3305.  Political subdivision; fluoride added to water supply; exception; ordinance to prohibit addition of fluoride; ballot; vote.(1) Except as otherwise provided in subsection (2) or (3) of this section, any city or village having a population of one thousand or more inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census shall add fluoride to the water supply for human consumption for such city or village as provided in the rules and regulations of the Department of Health and Human Services unless such water supply has sufficient amounts of naturally occurring fluoride as provided in such rules and regulations.(2) Subsection (1) of this section does not apply if the voters of the city or village adopted an ordinance, after April 18, 2008, but before June 1, 2010, to prohibit the addition of fluoride to such water supply.(3) If any city or village reaches a population of one thousand or more inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census after June 1, 2010, and is required to add fluoride to its water supply under subsection (1) of this section, the city or village may adopt an ordinance to prohibit the addition of fluoride to such water supply. The ordinance may be placed on the ballot by a majority vote of the governing body of the city or village or by initiative pursuant to the Municipal Initiative and Referendum Act. Such proposed ordinance shall be voted upon at the next statewide general election after the population of the city or village reaches one thousand or more inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census.(4) Any rural water district organized under sections 46-1001 to 46-1020 that supplies water for human consumption to any city or village which is required to add fluoride to such water supply under this section shall not be responsible for any costs, equipment, testing, or maintenance related to such fluoridation unless such district has agreed with the city or village to assume such responsibilities.Source  Laws 1973, LB 449,  1;  Laws 1975, LB 245,  2;   Laws 1982, LB 807,  45;  Laws 1996, LB 1044,  644;  Laws 2007, LB296,  559;  Laws 2008, LB245,  1;  Laws 2011, LB36,  1;  Laws 2017, LB113,  53;  Laws 2021, LB163,  200.  Cross References  Municipal Initiative and Referendum Act, see section 18-2501.
71-3306.  Other entity; fluoride added to water supply; rules and regulations.Any public or private entity not included in section 71-3305 which provides a water supply for human consumption and which is not required to add fluoride to such water supply may add fluoride to such water supply in the amount and manner prescribed by the rules and regulations of the Department of Health and Human Services.Source  Laws 1973, LB 449,  2;  Laws 1996, LB 1044,  645;  Laws 2007, LB296,  560. 
71-340.  Transferred to section 38-1001.
71-3401.  Information, statements, and data; furnish without liability.Any person, hospital, sanitarium, nursing home, rest home, or other organization may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to the Department of Health and Human Services, the Nebraska Medical Association or any of its allied medical societies, the Nebraska Association of Hospitals and Health Systems, any inhospital staff committee, or any joint venture of such entities to be used in the course of any study for the purpose of reducing morbidity or mortality, and no liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization by reason of having provided such information or material, by reason of having released or published the findings and conclusions of such groups to advance medical research and medical education, or by reason of having released or published generally a summary of such studies.Source   Laws 1961, c. 347,  1, p. 1105;  Laws 1992, LB 860,  4;  Laws 1994, LB 1223,  44;  Laws 1996, LB 1044,  646;  Laws 2007, LB296,  561. 
71-3402.  Publication of material; purpose; identity of person confidential.The Department of Health and Human Services, the Nebraska Medical Association or any of its allied medical societies, the Nebraska Association of Hospitals and Health Systems, any inhospital staff committee, or any joint venture of such entities shall use or publish the material specified in section 71-3401 only for the purpose of advancing medical research or medical education in the interest of reducing morbidity or mortality, except that a summary of such studies may be released by any such group for general publication. In all events the identity of any person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances.Source   Laws 1961, c. 347,  2, p. 1106;  Laws 1992, LB 860,  5;  Laws 1994, LB 1223,  45;  Laws 1996, LB 1044,  647;  Laws 2007, LB296,  562. 
71-3403.  Information, interviews, reports, statements, data; privileged communications; not received in evidence.All information, interviews, reports, statements, memoranda, or other data furnished by reason of sections 71-3401 to 71-3403 and any findings or conclusions resulting from such studies are declared to be privileged communications which may not be used or offered or received in evidence in any legal proceeding of any kind or character, and any attempt to use or offer any such information, interviews, reports, statements, memoranda or other data, findings or conclusions or any part thereof, unless waived by the interested parties, shall constitute prejudicial error resulting in a mistrial in any such proceeding.Source  Laws 1961, c. 347,  3, p. 1106. 
71-3404.  Act, how cited; child deaths; stillbirths; maternal deaths; legislative findings and intent.(1) Sections 71-3404 to 71-3411 shall be known and may be cited as the Child and Maternal Death Review Act.(2) The Legislature finds and declares that it is in the best interests of the state, its residents, and especially the children of this state that the number and causes of death of children, including stillbirths, in this state be examined. There is a need for a comprehensive integrated review of all child deaths and stillbirths in Nebraska and a system for statewide retrospective review of existing records relating to each child death and stillbirth.(3) The Legislature further finds and declares that it is in the best interests of the state and its residents that the number and causes of maternal death in this state be examined. There is a need for a comprehensive integrated review of all maternal deaths in Nebraska and a system for statewide retrospective review of existing records relating to each maternal death.(4) It is the intent of the Legislature, by creation of the Child and Maternal Death Review Act, to:(a) Identify trends from the review of past records to prevent future child deaths, stillbirths, and maternal deaths from similar causes when applicable;(b) Recommend systematic changes for the creation of a cohesive method for responding to certain child deaths, stillbirths, and maternal deaths; and(c) When appropriate, cause referral to be made to those agencies as required in section 28-711 or as otherwise required by state law.Source  Laws 1993, LB 431,  1;  Laws 2013, LB361,  1;  Laws 2022, LB741,  47.   Effective Date: July 21, 2022  
71-3405.  Terms, defined.For purposes of the Child and Maternal Death Review Act:(1) Child means a person from birth to eighteen years of age;(2) Investigation of child death means a review of existing records and other information regarding the child or stillbirth from relevant agencies, professionals, and providers of medical, dental, prenatal, and mental health care. The records to be reviewed may include, but not be limited to, medical records, coroner's reports, autopsy reports, social services records, records of alternative response cases under alternative response implemented in accordance with sections 28-710.01, 28-712, and 28-712.01, educational records, emergency and paramedic records, and law enforcement reports;(3) Investigation of maternal death means a review of existing records and other information regarding the woman from relevant agencies, professionals, and providers of medical, dental, prenatal, and mental health care. The records to be reviewed may include, but not be limited to, medical records, coroner's reports, autopsy reports, social services records, educational records, emergency and paramedic records, and law enforcement reports;(4) Maternal death means the death of a woman during pregnancy or the death of a postpartum woman;(5) Postpartum woman means a woman during the period of time beginning when the woman ceases to be pregnant and ending one year after the woman ceases to be pregnant;(6) Preventable child death means the death of any child or stillbirth which reasonable medical, social, legal, psychological, or educational intervention may have prevented. Preventable child death includes, but is not limited to, the death of a child or stillbirth resulting from (a) intentional and unintentional injuries, (b) medical misadventures, including untoward results, malpractice, and foreseeable complications, (c) lack of access to medical care, (d) neglect and reckless conduct, including failure to supervise and failure to seek medical care for various reasons, and (e) preventable premature birth;(7) Preventable maternal death means the death of a pregnant or postpartum woman when there was at least some chance of the death being averted by one or more reasonable changes to (a) the patient, (b) the patient's family, (c) the health care provider, facility, or system, or (d) community factors;(8) Reasonable means taking into consideration the condition, circumstances, and resources available;(9) Stillbirth means a spontaneous fetal death which resulted in a fetal death certificate pursuant to section 71-606; and(10) Teams means the State Child Death Review Team and the State Maternal Death Review Team.Source  Laws 1993, LB 431,  2;  Laws 2013, LB361,  2;  Laws 2014, LB853,  46;  Laws 2020, LB1061,  10;  Laws 2022, LB741,  48.   Effective Date: July 21, 2022  
71-3406.  State Child Death Review Team and State Maternal Death Review Team; members; terms; chairpersons; not considered public body; meetings; expenses.(1) The chief executive officer of the Department of Health and Human Services shall appoint a minimum of twelve members each to the State Child Death Review Team and the State Maternal Death Review Team. A person seeking appointment shall apply using an application process developed by the chief executive officer.(2) The core members shall serve on both teams and shall be (a) a physician employed by the department, who shall be a permanent member of the teams, (b) a forensic pathologist, (c) a law enforcement representative, (d) a mental health provider, and (e) an attorney.(3) Additional required members appointed to the State Child Death Review Team shall include the Inspector General of Nebraska Child Welfare and a senior department staff member with child protective services, who shall be permanent members. The remaining members appointed to the State Child Death Review Team may include, but shall not be limited to, the following: (a) A county attorney; (b) a Federal Bureau of Investigation agent responsible for investigations on Native American reservations; (c) a social worker; and (d) members of organizations which represent hospitals or physicians.(4) The remaining members appointed to the State Maternal Death Review Team may include, but shall not be limited to, the following: (a) County attorneys; (b) representatives of tribal organizations; (c) social workers; (d) medical providers, including, but not limited to, the practice areas of obstetrics, maternal-fetal medicine, and anesthesiology; (e) public health workers; (f) community birth workers; and (g) community advocates. In appointing members to the State Maternal Death Review Team, the chief executive officer of the department shall consider members working in and representing communities that are diverse with regard to race, ethnicity, immigration status, and English proficiency and include members from differing geographic regions in the state, including both rural and urban areas.(5) The department shall be responsible for the general administration of the activities of the teams and shall employ or contract with team coordinators to provide administrative support for each team and shall provide a team data abstractor for the teams.(6) Members shall serve four-year terms with the exception of the permanent members. Each team shall annually elect a chairperson from among its members.(7) The teams shall not be considered a public body for purposes of the Open Meetings Act. The teams shall meet a minimum of four times a year. Members of the teams shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.Source  Laws 1993, LB 431,  3;  Laws 1996, LB 1044,  648;  Laws 1997, LB 307,  187;  Laws 1998, LB 1073,  125;  Laws 2003, LB 467,  1;  Laws 2004, LB 821,  17;  Laws 2007, LB296,  563;  Laws 2013, LB269,  12;  Laws 2013, LB361,  3;  Laws 2020, LB381,  64;  Laws 2022, LB741,  49.   Effective Date: July 21, 2022  Cross References  Open Meetings Act, see section 84-1407.
71-3407.  Teams; purposes; duties; powers.(1) The purpose of the teams shall be to (a) develop an understanding of the causes and incidence of child deaths, stillbirths, or maternal deaths in this state, (b) develop recommendations for changes within relevant agencies and organizations which may serve to prevent child deaths, stillbirths, or maternal deaths, and (c) advise the Governor, the Legislature, and the public on changes to law, policy, and practice which will prevent child deaths, stillbirths, or maternal deaths.(2) The teams shall:(a) Undertake annual statistical studies of the causes and incidence of child or maternal deaths in this state. The studies shall include, but not be limited to, an analysis of the records of community, public, and private agency involvement with the children, the pregnant or postpartum women, and their families prior to and subsequent to the child or maternal deaths;(b) Develop a protocol for retrospective investigation of child or maternal deaths by the teams;(c) Develop a protocol for collection of data regarding child or maternal deaths by the teams;(d) Consider training needs, including cross-agency training, and service gaps;(e) Include in its annual report recommended changes to any law, rule, regulation, or policy needed to decrease the incidence of preventable child or maternal deaths;(f) Educate the public regarding the incidence and causes of child or maternal deaths, the public role in preventing child or maternal deaths, and specific steps the public can undertake to prevent child or maternal deaths. The teams may enlist the support of civic, philanthropic, and public service organizations in the performance of educational duties;(g) Provide the Governor, the Legislature, and the public with annual reports which shall include the teams' findings and recommendations for each of their duties. Each team shall submit an annual report on or before each December 31 to the Legislature electronically; and(h) When appropriate, make referrals to those agencies as required in section 28-711 or as otherwise required by state law.(3) The teams may enter into consultation agreements with relevant experts to evaluate the information and records collected. All of the confidentiality provisions of section 71-3411 shall apply to the activities of a consulting expert.(4) The teams may enter into written agreements with entities to provide for the secure storage of electronic data, including data that contains personal or incident identifiers. Such agreements shall provide for the protection of the security and confidentiality of the content of the information, including access limitations, storage of the information, and destruction of the information. All of the confidentiality provisions of section 71-3411 shall apply to the activities of the data storage entity.(5) The teams may enter into agreements with a local public health department as defined in section 71-1626 to act as the agent of the teams in conducting all information gathering and investigation necessary for the purposes of the Child and Maternal Death Review Act. All of the confidentiality provisions of section 71-3411 shall apply to the activities of the agent.(6) For purposes of this section, entity means an organization which provides collection and storage of data from multiple agencies but is not solely controlled by the agencies providing the data.Source  Laws 1993, LB 431,  4;  Laws 2012, LB782,  116;  Laws 2012, LB1160,  18;  Laws 2013, LB361,  4;  Laws 2017, LB506,  5;  Laws 2022, LB741,  50.   Effective Date: July 21, 2022  
71-3408.  Chairperson; team coordinator; duties; team data abstractor; qualifications; duties.(1) The chairperson of each team shall:(a) Chair meetings of the teams; and(b) Ensure identification of strategies to prevent child or maternal deaths.(2) The team coordinator of each team provided under subsection (5) of section 71-3406 shall:(a) Have the necessary information from investigative reports, medical records, coroner's reports, autopsy reports, educational records, and other relevant items made available to the team;(b) Ensure timely notification of the team members of an upcoming meeting;(c) Ensure that all team reporting and data-collection requirements are met;(d) Oversee adherence to the review process established by the Child and Maternal Death Review Act; and(e) Perform such other duties as the team deems appropriate.(3) The team data abstractor provided under subsection (5) of section 71-3406 shall:(a) Possess qualifying nursing experience, a demonstrated understanding of child and maternal outcomes, strong professional communication skills, data entry and relevant computer skills, experience in medical record review, flexibility and ability to accomplish tasks in short timeframes, appreciation of the community, knowledge of confidentiality laws, the ability to serve as an objective unbiased storyteller, and a demonstrated understanding of social determinants of health;(b) Request records for identified cases from sources described in section 71-3410;(c) Upon receipt of such records, review all pertinent records to complete fields in child, stillbirth, and maternal death databases;(d) Summarize findings in a case summary; and(e) Report all findings to the team coordinators.Source  Laws 1993, LB 431,  5;  Laws 2013, LB361,  5;  Laws 2022, LB741,  51.   Effective Date: July 21, 2022  
71-3409.  Review of child deaths, stillbirths, and maternal deaths; manner.(1)(a) The State Child Death Review Team shall review child deaths in the manner provided in this subsection.(b) The members shall review the death certificate, birth certificate, coroner's report or autopsy report if done, and indicators of child or family involvement with the department. The members shall classify the nature of the death, whether accidental, homicide, suicide, undetermined, or natural causes, determine the completeness of the death certificate, and identify discrepancies and inconsistencies.(c) A review shall not be conducted on any child death under active investigation by a law enforcement agency or under criminal prosecution. The members may seek records described in section 71-3410. The members shall identify the preventability of death, the possibility of child abuse or neglect, the medical care issues of access and adequacy, and the nature and extent of interagency communication.(2)(a) The team may review stillbirths occurring on or after January 1, 2023, in the manner provided in this subsection.(b) The members may review the death certificates and other documentation which will allow the team to identify preventable causes of stillbirths.(c) Nothing in this subsection shall be interpreted to require review of any stillbirth death.(3)(a) The State Maternal Death Review Team shall review all maternal deaths in the manner provided in this subsection.(b) The members shall review the maternal death records in accordance with evidence-based best practices in order to determine: (i) If the death is pregnancy-related; (ii) the cause of death; (iii) if the death was preventable; (iv) the factors that contributed to the death; (v) recommendations and actions that address those contributing factors; and (vi) the anticipated impact of those actions if implemented.(c) A review shall not be conducted on any maternal death under active investigation by a law enforcement agency or under criminal prosecution. The members may seek records described in section 71-3410. The members shall identify the preventability of death, the possibility of domestic abuse, the medical care issues of access and adequacy, and the nature and extent of interagency communication.Source  Laws 1993, LB 431,  6;  Laws 1996, LB 1044,  649;  Laws 2013, LB361,  6;  Laws 2022, LB741,  52.   Effective Date: July 21, 2022  
71-341.  Transferred to section 38-1002.
71-3410.  Provision of information and records; subpoenas.(1) Upon request, the teams shall be immediately provided:(a) Information and records maintained by a provider of medical, dental, prenatal, and mental health care, including medical reports, autopsy reports, and emergency and paramedic records; and(b) All information and records maintained by any agency of state, county, or local government, any other political subdivision, any school district, or any public or private educational institution, including, but not limited to, birth and death certificates, law enforcement investigative data and reports, coroner investigative data and reports, educational records, parole and probation information and records, and information and records of any social services agency that provided services to the child, the pregnant or postpartum woman, or the family of the child or woman.(2) The Department of Health and Human Services shall have the authority to issue subpoenas to compel production of any of the records and information specified in subdivisions (1)(a) and (b) of this section, except records and information on any child death, stillbirth, or maternal death under active investigation by a law enforcement agency or which is at the time the subject of a criminal prosecution, and shall provide such records and information to the teams.Source  Laws 1993, LB 431,  7;  Laws 1996, LB 1044,  650;  Laws 1998, LB 1073,  126;  Laws 2007, LB296,  564;  Laws 2013, LB361,  7;  Laws 2022, LB741,  53.   Effective Date: July 21, 2022  
71-3411.  Information and records; confidentiality; release; conditions; disclosure; limitations.(1)(a) All information and records acquired by the teams in the exercise of their purposes and duties pursuant to the Child and Maternal Death Review Act shall be confidential and exempt from disclosure and may only be disclosed as provided in this section and as provided in section 71-3407. Statistical compilations of data made by the teams which do not contain any information that would permit the identification of any person to be ascertained shall be public records.(b) De-identified information and records obtained by the teams may be released to a researcher, upon proof of identity and qualifications of the researcher, if the researcher is employed by a research organization, university, institution, or government agency and is conducting scientific, medical, or public health research and if there is no publication or disclosure of any name or facts that could lead to the identity of any person included in the information or records. Such release shall provide for a written agreement with the Department of Health and Human Services providing protection of the security of the content of the information, including access limitations, storage of the information, destruction of the information, and use of the information. The release of such information pursuant to this subdivision shall not make otherwise confidential information a public record.(c) De-identified information and records obtained by the teams may be released to the United States Public Health Service or its successor, a government health agency, or a local public health department as defined in section 71-1626 if there is no publication or disclosure of any name or facts that could lead to the identity of any person included in the information or records. Such release shall provide for protection of the security of the content of the information, including access limitations, storage of the information, destruction of the information, and use of the information. The release of such information pursuant to this subdivision shall not make otherwise confidential information a public record.(2) Except as necessary to carry out the teams' purposes and duties, members of the teams and persons attending team meetings may not disclose what transpired at the meetings and shall not disclose any information the disclosure of which is prohibited by this section.(3) Members of the teams and persons attending team meetings shall not testify in any civil, administrative, licensure, or criminal proceeding, including depositions, regarding information reviewed in or opinions formed as a result of team meetings. This subsection shall not be construed to prevent a person from testifying to information obtained independently of the teams or which is public information.(4) Information, documents, and records of the teams shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that information, documents, and records otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of the teams or are maintained by the teams.Source  Laws 1993, LB 431,  8;  Laws 2013, LB361,  8;  Laws 2022, LB741,  54.   Effective Date: July 21, 2022  
71-3412.  Act, how cited.Sections 71-3412 to 71-3421 shall be known and may be cited as the Domestic Abuse Death Review Act.Source  Laws 2022, LB741,  37.   Effective Date: July 21, 2022  
71-3413.  Legislative findings and declarations; purpose of act.(1) The Legislature finds and declares that it is in the best interests of the state, its residents, and especially the families of this state, that the number and causes of death related to domestic abuse be examined. There is a need for a comprehensive integrated review of all domestic abuse deaths in Nebraska and a system for statewide retrospective review of existing records relating to each domestic abuse death.(2) The purpose of the Domestic Abuse Death Review Act is to prevent future domestic abuse deaths by:(a) Providing for the examination of the incidence, causes, and contributing factors of domestic abuse deaths in Nebraska; and(b) Developing recommendations for changes within communities, public and private agencies, institutions, and systems, based on an analysis of these causes and contributing factors which may serve to prevent future domestic abuse deaths.Source  Laws 2022, LB741,  38.   Effective Date: July 21, 2022  
71-3414.  Terms, defined.For purposes of the Domestic Abuse Death Review Act:(1) Associated victim means a family or household member of the decedent victim who also experienced abuse committed by the perpetrator;(2) Decedent victim means a person who died by homicide or suicide as a result of domestic abuse;(3) Domestic abuse means abuse as defined in section 42-903;(4) Domestic abuse death means:(a) A homicide that involves, or is a result of, domestic abuse;(b) The death of a decedent victim who was a member of a law enforcement agency, emergency medical service, or other agency responding to a domestic abuse incident;(c) The death of a decedent victim who was responding to a domestic abuse incident; or(d) A suicide of a decedent victim if there are circumstances indicating the suicide involved, or was the result of, domestic abuse within two years prior to the suicide, including: (i) The decedent victim had applied for or received a protection order against the perpetrator within two years prior to the suicide; (ii) the decedent victim had received counseling, treatment, or sought other supportive services as a result of the domestic abuse within two years prior to the suicide; or (iii) the decedent victim had reported domestic abuse to law enforcement within two years prior to the suicide;(5) Family or household member has the same meaning as in section 42-903;(6) Investigation means a domestic abuse death investigation as described in section 71-3415;(7) Law enforcement agency means the police department or town marshal in incorporated municipalities, the office of the county sheriff, and the Nebraska State Patrol;(8) Perpetrator means the person who has been the predominant aggressor of domestic abuse;(9) Survivor of domestic abuse means a person who is a current or prior victim of domestic abuse; and(10) Team means the State Domestic Abuse Death Review Team as provided in section 71-3416.Source  Laws 2022, LB741,  39.   Effective Date: July 21, 2022  
71-3415.  Domestic abuse death investigation.(1) A domestic abuse death investigation shall involve a review of existing records, documents, and other information regarding the decedent victim and perpetrator from relevant agencies, professionals, providers of health care, and family and household members of the decedent victim or perpetrator. The records to be reviewed may include: Protection orders; dissolution, mediation, custody, and support agreements and related court records; medical records; mental health records; therapy records; autopsy reports; birth and death certificates; court records, including juvenile cases and dismissed criminal cases; social services records, including juvenile records; educational records; emergency medical services records; Department of Correctional Services information and records; parole and probation information and records; and law enforcement agency investigative information and reports.(2) Records shall not be made available to the team until the criminal or juvenile legal system response is completed due to:(a) The death of the perpetrator;(b) The criminal conviction or acquittal of the perpetrator and any codefendants;(c) The conclusion of grand jury proceedings resulting in a no true bill;(d) Adjudication in a juvenile court proceeding pursuant to subdivision (1), (2), or (4) of section 43-247;(e) Completion of a criminal investigation in which the county attorney declines to file charges; or(f) Completion of the investigation of the suicide of the decedent victim.Source  Laws 2022, LB741,  40.   Effective Date: July 21, 2022  
71-3416.  State Domestic Abuse Death Review Team; members; terms; Attorney General; duties; not considered public body; expenses.(1) The State Domestic Abuse Death Review Team is created.(2) The Attorney General shall appoint the following members to the State Domestic Abuse Death Review Team:(a) At least two survivors of domestic abuse;(b) A representative who is an employee of a statewide coalition representing nonprofit organizations that have an affiliation agreement with the Department of Health and Human Services to provide services to victims of domestic abuse under the Protection from Domestic Abuse Act;(c) A representative who is an employee of a nonprofit organization that primarily provides services and support to victims of domestic abuse in metropolitan areas;(d) A representative who is an employee of a nonprofit organization that primarily provides services and support to victims of domestic abuse in rural areas;(e) A representative who is an employee of child advocacy centers;(f) A representative who is a member of a federally recognized Indian tribe residing within the State of Nebraska with preference given to a person with experience in domestic abuse;(g) A licensed physician or nurse with experience in forensics who is knowledgeable concerning domestic abuse injuries and deaths in Nebraska;(h) A licensed mental health professional who is knowledgeable concerning domestic abuse in Nebraska;(i) An officer of a law enforcement agency from a metropolitan jurisdiction with experience investigating domestic abuse in Nebraska;(j) An officer of a law enforcement agency from a rural jurisdiction with experience investigating domestic abuse in Nebraska;(k) An active county attorney or active deputy county attorney with experience prosecuting domestic abuse cases in Nebraska;(l) An attorney from the office of the Attorney General; and(m) The team coordinator pursuant to subsection (4) of this section.(3) The remaining members of the State Domestic Abuse Death Review Team shall be appointed as follows: (a) The Superintendent of Law Enforcement and Public Safety or designee shall appoint an employee representative of the Nebraska State Patrol; (b) the chief executive officer of the Department of Health and Human Services shall appoint an employee representative of the department; and (c) the probation administrator shall appoint an employee representative of the Office of Probation Administration.(4) The Attorney General shall be responsible for the general administration of the activities of the team and shall employ or contract with a team coordinator to provide administrative support for the team.(5) Members of the team appointed by the Attorney General shall serve four-year terms. The remaining members shall serve two-year terms.(6) The team shall not be considered a public body for purposes of the Open Meetings Act. Members of the team shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.(7) In appointing members to the team, the Attorney General shall consider persons working in and representing communities that are diverse with regard to race, ethnicity, immigration status, and English proficiency and shall include members from differing geographic regions of the state, including both rural and urban areas.Source  Laws 2022, LB741,  41.   Effective Date: July 21, 2022  Cross References   Open Meetings Act, see section 84-1407.  Protection from Domestic Abuse Act, see section 42-901. 
71-3417.  Team; purpose; duties; powers; confidentiality.(1) The purpose of the team shall be to prevent future domestic abuse deaths by:(a) Conducting investigations to understand the contributing factors in domestic abuse deaths;(b) Examining the incidence, causes, and contributing factors of domestic abuse deaths; and(c) Developing recommendations for changes within communities, public and private agencies, institutions, and systems, based on an analysis of the causes and contributing factors of domestic abuse deaths.(2) The team shall:(a) Develop protocols for investigations and to maintain the confidentiality of information made available to the team;(b) Meet a minimum of four times per year and upon the call of the team coordinator selected under section 71-3416, the request of a state agency, or as determined by a majority of the team;(c) Provide the Governor, the Legislature, and the Attorney General with an annual electronic report on or before August 15 each year beginning with the fiscal year ending June 30, 2024. The report shall not contain personal identifying information of any decedent victim, associated victim, or perpetrator. The report shall be available to the public and include the following:(i) The causes, manner, and contributing factors of domestic abuse deaths in Nebraska, including trends and patterns and an analysis of information obtained through investigations; and(ii) Recommendations regarding the prevention of future domestic abuse deaths for changes within communities, public and private agencies, institutions, and systems, based on an analysis of such causes and contributing factors. Such recommendations shall include recommended changes to laws, rules and regulations, policies, training needs, or service gaps to prevent future domestic abuse deaths;(d) When appropriate, advise and consult with relevant agencies and organizations represented on the team or involved in domestic abuse deaths regarding the recommendations to prevent future domestic abuse deaths; and(e) When appropriate, educate the public regarding the incidence of domestic abuse deaths, the public role in preventing domestic abuse deaths, and specific steps the public can take to prevent domestic abuse deaths. The team may enlist the support of civic, philanthropic, and public service organizations in the performance of its educational duties.(3) The team may invite other individuals to participate on the team on an ad hoc basis for a particular investigation. Such individuals may include those with expertise that would aid in the investigation and representatives from organizations or agencies that had contact with, or provided services to, the decedent victim or associated victim. If the domestic abuse death occurred on tribal lands or if the domestic abuse death involves a member of a federally recognized Indian tribe, additional agencies and tribal representatives may be invited to participate.(4) The team shall require any person appearing before it to sign a confidentiality agreement to ensure that all the confidentiality provisions of section 71-3421 are satisfied.(5) The team shall enter into confidentiality agreements with social service agencies, nonprofit organizations, and private agencies to obtain otherwise confidential information and to ensure that all confidentiality provisions of section 71-3421 are satisfied.(6) The team may enter into consultation agreements with relevant experts to evaluate the information and records collected by the team. All of the confidentiality provisions of section 71-3421 shall apply to the activities of a consulting expert.(7) The team may enter into written agreements with entities to provide for the secure storage of electronic data based on information and records collected by the team as part of an investigation, including data that contains personal or incident identifiers. Such agreements shall provide for the protection of the security and confidentiality of the information, including access limitations, storage, and destruction of the information. The confidentiality provisions of section 71-3421 shall apply to the activities of the data storage entity.(8) The team may consult and share information with the State Child Death Review Team or the State Maternal Death Review Team when the decedent victim or any associated victim is also the subject of an investigation of a child death or investigation of a maternal death under the Child and Maternal Death Review Act. The confidentiality provisions of section 71-3421 and section 71-3411 shall apply to the sharing of information between these teams.Source  Laws 2022, LB741,  42.   Effective Date: July 21, 2022  Cross References  Child and Maternal Death Review Act, see section 71-3417.
71-3418.  Team coordinator; duties.(1) The team coordinator selected under section 71-3416 shall (a) convene and lead meetings of the team and (b) ensure the team provides recommendations to prevent domestic abuse deaths.(2) The team coordinator shall (a) gather, store, and distribute the necessary records and information for investigations made available to the team, (b) ensure timely notification of the team members of upcoming meetings, (c) ensure that all team reporting and data collection requirements are met, (d) oversee adherence to the review process established by the Domestic Abuse Death Review Act and the protocols developed by the team, and (e) perform such other duties as the team deems appropriate.Source  Laws 2022, LB741,  43.   Effective Date: July 21, 2022  
71-3419.  Team; conduct investigations; requirements.The team shall conduct investigations in accordance with best practices and shall review all relevant records and information in an investigation to understand the relationship between the decedent victim and the perpetrator in order to determine:(1) Whether a correlation exists between certain events in the relationship and any escalation of abuse;(2) The factors that contributed to the domestic abuse death;(3) The public and private systemic response to the decedent victim, an associated victim, and the perpetrator; and(4) Recommendations and actions that address the contributing factors in the domestic abuse death for change within individuals, communities, public and private agencies, institutions, and systems based on an analysis of the causes and contributing factors of domestic abuse deaths.Source  Laws 2022, LB741,  44.   Effective Date: July 21, 2022  
71-342.  Transferred to section 38-1003.
71-3420.  Provision of information and records; subpoenas; contempt.(1) For purposes of conducting an investigation, and as necessary to fulfill the purposes of the Domestic Abuse Death Review Act, the team shall be immediately provided the following upon request:(a) Records, documents, or other information maintained by a health care provider, mental health provider, or other medical professional, including medical records, mental health records, therapy records, and emergency medical services records; and(b) All information and records maintained by any state agency, county or local government, political subdivision, school district, or public or private educational institution, including birth and death certificates; protection orders; dissolution, mediation, custody, and child support agreements; court records, including juvenile cases and dismissed criminal cases; law enforcement agency investigative information and reports; autopsy reports; educational records; Department of Correctional Services information and records; parole and probation information and records; and information and records of any social services agency, including juvenile records, that provided services to the decedent victim, an associated victim, or the perpetrator.(2) Except as provided in section 71-3415, the Attorney General shall have the authority to issue subpoenas to compel production of any of the records and information specified in this section.(3) Any failure to respond to such subpoena shall be certified by the Attorney General to the district court of Lancaster County for enforcement or punishment for contempt of court.Source  Laws 2022, LB741,  45.   Effective Date: July 21, 2022  
71-3421.  Information and records; confidentiality; release; conditions; disclosure; limitations.(1) All information and records acquired by the team in the exercise of its duties pursuant to the Domestic Abuse Death Review Act shall be confidential and exempt from disclosure except as provided in this section and section 71-3417. Statistical compilations of data or recommendations made by the team that do not contain any personal identifying information shall be public records.(2) De-identified information and records obtained by the team may be released to a researcher, research organization, university, institution, or governmental agency for the purpose of conducting scientific, medical, or public health research upon proof of identity and execution of a confidentiality agreement as provided in this section and section 71-3417. Such release shall provide for a written agreement with the Attorney General providing protection of the security of the information, including access limitations, and the storage, destruction, and use of the information. The release of such information pursuant to this subsection shall not make otherwise confidential information a public record.(3) Except as necessary to carry out the team's purposes and duties, members of the team and individuals attending a team meeting shall not disclose any discussion among team members at a meeting and shall not disclose any information prohibited from disclosure by this section.(4) Members of a team and individuals attending a team meeting shall not testify in any civil, administrative, licensure, or criminal proceeding, including depositions, regarding information reviewed in or an opinion formed as a result of a team meeting. This subsection shall not be construed to prevent a person from testifying to information obtained independently of the team or that is public information.(5) Conclusions, findings, recommendations, information, documents, and records of the team shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that conclusions, findings, recommendations, information, documents, and records otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of the team or are maintained by the team.Source  Laws 2022, LB741,  46.   Effective Date: July 21, 2022  
71-343.  Transferred to section 38-1004.
71-344.  Transferred to section 38-1005.
71-345.  Transferred to section 38-1006.
71-346.01.  Transferred to section 38-1008.
71-346.02.  Transferred to section 38-1009.
71-346.03.  Transferred to section 38-1010.
71-346.04.  Transferred to section 38-1011.
71-346.  Transferred to section 38-1007.
71-347.  Transferred to section 38-1012.
71-348.  Transferred to section 38-1013.
71-349.  Transferred to section 38-1014.
71-350.  Transferred to section 38-1015.
71-3501.  Public policy.It is the policy of the State of Nebraska in furtherance of its responsibility to protect occupational and public health and safety and the environment:(1) To institute and maintain a regulatory program for sources of radiation so as to provide for:(a) Compatibility and equivalency with the standards and regulatory programs of the federal government;(b) A single effective system of regulation within the state; and(c) A system consonant insofar as possible with those of other states;(2) To institute and maintain a program to permit development and utilization of sources of radiation for peaceful purposes consistent with the protection of occupational and public health and safety and the environment;(3) To provide for the availability of capacity either within or outside the state for the management of low-level radioactive waste generated within the state, except for waste generated as a result of defense or federal research and development activities, and to recognize that such radioactive waste can be most safely and efficiently managed on a regional basis; and(4) To maximize the protection practicable for the citizens of Nebraska from radon or its decay products by establishing requirements for (a) appropriate qualifications for persons providing measurement and mitigation services of radon or its decay products and (b) radon mitigation system installations.Source   Laws 1963, c. 406,  1, p. 1296;  Laws 1975, LB 157,  1;  Laws 1984, LB 716,  1;  Laws 1987, LB 390,  2;  Laws 1993, LB 536,  82;  Laws 1995, LB 406,  40;  Laws 2007, LB463,  1207. 
71-3502.01.  Radon mitigation program; authorized.The department may establish an alternative maximum contaminant level for radon in drinking water by establishing a multimedia radon mitigation program as provided under federal law which may include public education, testing, training, technical assistance, remediation grants, and loan or incentive programs. The purpose of the radon mitigation program shall be to achieve health risk reduction benefits equal to or greater than the health risk reduction benefits that would be achieved if each public water system in the state complied with the maximum contaminant level of three hundred picocuries per liter.Source  Laws 2001, LB 668,  1;  Laws 2007, LB296,  565. 
71-3502.  Purpose of act; programs provided.It is the purpose of the Radiation Control Act to effectuate the policies set forth in section 71-3501 by providing for:(1) A program of effective regulation of sources of radiation for the protection of occupational and public health and safety and the environment;(2) A program to promote an orderly regulatory pattern within the state, among the states, and between the federal government and the state and facilitate intergovernmental cooperation with respect to use and regulation of sources of radiation to the end that duplication of regulation may be minimized;(3) A program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to sources of radiation; and(4) A program to permit maximum utilization of sources of radiation consistent with the health and safety of the public.Source   Laws 1963, c. 406,  2, p. 1296;  Laws 1975, LB 157,  2;  Laws 1984, LB 716,  2;  Laws 1987, LB 390,  3;  Laws 1995, LB 406,  41;  Laws 2007, LB463,  1208. 
71-3503.  Terms, defined.For purposes of the Radiation Control Act, unless the context otherwise requires:(1) Radiation means ionizing radiation and nonionizing radiation as follows:(a) Ionizing radiation means gamma rays, X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other atomic or nuclear particles or rays but does not include sound or radio waves or visible, infrared, or ultraviolet light; and(b) Nonionizing radiation means (i) any electromagnetic radiation which can be generated during the operations of electronic products to such energy density levels as to present a biological hazard to occupational and public health and safety and the environment, other than ionizing electromagnetic radiation, and (ii) any sonic, ultrasonic, or infrasonic waves which are emitted from an electronic product as a result of the operation of an electronic circuit in such product and to such energy density levels as to present a biological hazard to occupational and public health and safety and the environment;(2) Radioactive material means any material, whether solid, liquid, or gas, which emits ionizing radiation spontaneously. Radioactive material includes, but is not limited to, accelerator-produced material, byproduct material, naturally occurring material, source material, and special nuclear material;(3) Radiation-generating equipment means any manufactured product or device, component part of such a product or device, or machine or system which during operation can generate or emit radiation except devices which emit radiation only from radioactive material;(4) Sources of radiation means any radioactive material, any radiation-generating equipment, or any device or equipment emitting or capable of emitting radiation or radioactive material;(5) Undesirable radiation means radiation in such quantity and under such circumstances as determined from time to time by rules and regulations adopted and promulgated by the department;(6) Person means any individual, corporation, partnership, limited liability company, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing;(7) Registration means registration with the department pursuant to the Radiation Control Act;(8) Department means the Department of Health and Human Services;(9) Administrator means the administrator of radiation control designated pursuant to section 71-3504;(10) Electronic product means any manufactured product, device, assembly, or assemblies of such products or devices which, during operation in an electronic circuit, can generate or emit a physical field of radiation;(11) License means:(a) A general license issued pursuant to rules and regulations adopted and promulgated by the department without the filing of an application with the department or the issuance of licensing documents to particular persons to transfer, acquire, own, possess, or use quantities of or devices or equipment utilizing radioactive materials;(b) A specific license, issued to a named person upon application filed with the department pursuant to the Radiation Control Act and rules and regulations adopted and promulgated pursuant to the act, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of or devices or equipment utilizing radioactive materials; or(c) A license issued to a radon measurement specialist, radon mitigation specialist, radon measurement business, or radon mitigation business;(12) Byproduct material means:(a) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;(b) The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from uranium or thorium solution extraction processes. Underground ore bodies depleted by such solution extraction operations do not constitute byproduct material;(c)(i) Any discrete source of radium-226 that is produced, extracted, or converted after extraction for use for a commercial, medical, or research activity; or(ii) Any material that (A) has been made radioactive by use of a particle accelerator and (B) is produced, extracted, or converted after extraction for use for a commercial, medical, or research activity; and(d) Any discrete source of naturally occurring radioactive material, other than source material, that:(i) The United States Nuclear Regulatory Commission, in consultation with the Administrator of the United States Environmental Protection Agency, the United States Secretary of Energy, the United States Secretary of Homeland Security, and the head of any other appropriate federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and(ii) Is extracted or converted after extraction for use in a commercial, medical, or research activity;(13) Source material means:(a) Uranium or thorium or any combination thereof in any physical or chemical form; or(b) Ores which contain by weight one-twentieth of one percent or more of uranium, thorium, or any combination thereof. Source material does not include special nuclear material;(14) Special nuclear material means:(a) Plutonium, uranium 233, or uranium enriched in the isotope 233 or in the isotope 235 and any other material that the United States Nuclear Regulatory Commission pursuant to the provisions of section 51 of the federal Atomic Energy Act of 1954, as amended, determines to be special nuclear material but does not include source material; or(b) Any material artificially enriched by any material listed in subdivision (14)(a) of this section but does not include source material;(15) Users of sources of radiation means:(a) Physicians using radioactive material or radiation-generating equipment for human use;(b) Natural persons using radioactive material or radiation-generating equipment for education, research, or development purposes;(c) Natural persons using radioactive material or radiation-generating equipment for manufacture or distribution purposes;(d) Natural persons using radioactive material or radiation-generating equipment for industrial purposes; and(e) Natural persons using radioactive material or radiation-generating equipment for any other similar purpose;(16) Civil penalty means any monetary penalty levied on a licensee or registrant because of violations of statutes, rules, regulations, licenses, or registration certificates but does not include criminal penalties;(17) Closure means all activities performed at a waste handling, processing, management, or disposal site, such as stabilization and contouring, to assure that the site is in a stable condition so that only minor custodial care, surveillance, and monitoring are necessary at the site following termination of licensed operation;(18) Decommissioning means final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for postoperational care;(19) Disposal means the permanent isolation of low-level radioactive waste pursuant to the Radiation Control Act and rules and regulations adopted and promulgated pursuant to such act;(20) Generate means to produce low-level radioactive waste when used in relation to low-level radioactive waste;(21) High-level radioactive waste means:(a) Irradiated reactor fuel;(b) Liquid wastes resulting from the operation of the first cycle solvent extraction system or equivalent and the concentrated wastes from subsequent extraction cycles or the equivalent in a facility for reprocessing irradiated reactor fuel; and(c) Solids into which such liquid wastes have been converted;(22) Low-level radioactive waste means radioactive waste not defined as high-level radioactive waste, spent nuclear fuel, or byproduct material as defined in subdivision (12)(b) of this section;(23) Management of low-level radioactive waste means the handling, processing, storage, reduction in volume, disposal, or isolation of such waste from the biosphere in any manner;(24) Source material mill tailings or mill tailings means the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from underground solution extraction processes, but not including underground ore bodies depleted by such solution extraction processes;(25) Source material milling means any processing of ore, including underground solution extraction of unmined ore, primarily for the purpose of extracting or concentrating uranium or thorium therefrom and which results in the production of source material and source material mill tailings;(26) Spent nuclear fuel means irradiated nuclear fuel that has undergone at least one year of decay since being used as a source of energy in a power reactor. Spent nuclear fuel includes the special nuclear material, byproduct material, source material, and other radioactive material associated with fuel assemblies;(27) Transuranic waste means radioactive waste material containing alpha-emitting radioactive elements, with radioactive half-lives greater than five years, having an atomic number greater than 92 in concentrations in excess of one hundred nanocuries per gram;(28) Licensed practitioner means a person licensed to practice medicine, dentistry, podiatry, chiropractic, osteopathic medicine and surgery, or as an osteopathic physician;(29) X-ray system means an assemblage of components for the controlled production of X-rays, including, but not limited to, an X-ray high-voltage generator, an X-ray control, a tube housing assembly, a beam-limiting device, and the necessary supporting structures. Additional components which function with the system are considered integral parts of the system;(30) Licensed facility operator means any person or entity who has obtained a license under the Low-Level Radioactive Waste Disposal Act to operate a facility, including any person or entity to whom an assignment of a license is approved by the Department of Environment and Energy; and(31) Deliberate misconduct means an intentional act or omission by a person that (a) would intentionally cause a licensee, registrant, or applicant for a license or registration to be in violation of any rule, regulation, or order of or any term, condition, or limitation of any license or registration issued by the department under the Radiation Control Act or (b) constitutes an intentional violation of a requirement, procedure, instruction, contract, purchase order, or policy under the Radiation Control Act by a licensee, a registrant, an applicant for a license or registration, or a contractor or subcontractor of a licensee, registrant, or applicant for a license or registration.Source   Laws 1963, c. 406,  3, p. 1297;  Laws 1975, LB 157,  3;  Laws 1978, LB 814,  3;  Laws 1984, LB 716,  3;  Laws 1987, LB 390,  4;  Laws 1989, LB 342,  32;  Laws 1990, LB 1064,  17;   Laws 1993, LB 121,  434;  Laws 1993, LB 536,  83;  Laws 1995, LB 406,  42;  Laws 1996, LB 1044,  651;  Laws 1996, LB 1201,  1;  Laws 2002, LB 93,  12;  Laws 2002, LB 1021,  71;  Laws 2005, LB 301,  42;  Laws 2006, LB 994,  103;  Laws 2007, LB296  566;  Laws 2007, LB463,  1209;  Laws 2008, LB928,  23;  Laws 2012, LB794,  1;  Laws 2019, LB302,  89.  Cross References  Low-Level Radioactive Waste Disposal Act, see section 81-1578.
71-3504.  Radiation control activities; Department of Health and Human Services; powers and duties.(1) The Department of Health and Human Services shall coordinate radiation control activities and may designate an administrator of radiation control. The administrator shall:(a) Advise the Governor and agencies of the state on matters relating to radiation; and(b) Coordinate regulatory activities of the state relating to radiation, including cooperation with other states and the federal government.(2) The administrator shall:(a) Review before and after the holding of any public hearing required under the Administrative Procedure Act, prior to promulgation, the proposed rules and regulations of all agencies of the state relating to use and control of radiation to assure that such rules and regulations are consistent with rules and regulations of other agencies of the state;(b) When he or she determines that proposed rules or regulations or parts thereof are inconsistent with rules and regulations of other agencies of the state, make an effort to resolve such inconsistencies. Upon notification that such inconsistencies have not been resolved, the Governor may, after consultation with the department, find that the proposed rules and regulations or parts thereof are inconsistent with rules and regulations of other agencies of the state or the federal government and may issue an order to that effect, in which event the proposed rules and regulations or parts thereof shall not become effective. The Governor may, in the alternative, upon a similar determination, direct the appropriate agency or agencies to amend or repeal existing rules and regulations to achieve consistency with the proposed rules and regulations;(c) Advise, consult, and cooperate with other agencies of the state, the federal government, other states, interstate agencies, political subdivisions, and other organizations concerned with control of sources of radiation; and(d) Collect and disseminate information relating to the control of sources of radiation and maintain (i) a file of all registrants, license applications, issuances, denials, amendments, transfers, renewals, modifications, inspections, recommendations pertaining to radiation, suspensions, and revocations, (ii) a file of registrants possessing or using sources of radiation requiring registration under the Radiation Control Act and any administrative or judicial action pertaining to such registration, and (iii) a file of all rules and regulations relating to the regulation of sources of radiation, pending or promulgated, and proceedings on such rules and regulations thereon.(3) The several agencies of the state and political subdivisions shall keep the administrator fully and currently informed as to their activities relating to development of new uses and regulation of sources of radiation.Source   Laws 1963, c. 406,  4, p. 1298;  Laws 1975, LB 157,  4;  Laws 1987, LB 390,  5;  Laws 1996, LB 1044,  652;  Laws 2002, LB 93,  13;  Laws 2007, LB296,  567. Cross References  Administrative Procedure Act, see section 84-920.
71-3505.  Department; powers and duties.(1) Matters relative to radiation as they relate to occupational and public health and safety and the environment shall be a responsibility of the department. The department shall:(a) Develop comprehensive policies and programs for the evaluation and determination of undesirable radiation associated with the production, use, storage, or disposal of radiation sources and formulate, adopt, promulgate, and repeal rules and regulations which may provide (i) for registration or licensure under section 71-3507 or 71-3509, (ii) for registration or licensure of (A) any other source of radiation, (B) persons providing services for collection, detection, measurement, or monitoring of sources of radiation, including, but not limited to, radon and its decay products, (C) persons providing services to reduce the effects of sources of radiation, and (D) persons practicing industrial radiography, and (iii) for fingerprinting and a federal criminal background check on persons with unescorted access to radionuclides of concern, as specified by rule, regulation, or order so as to reasonably protect occupational and public health and safety and the environment in a manner compatible with regulatory programs of the federal government. The department for identical purposes may also adopt and promulgate rules and regulations for the issuance of licenses, either general or specific, to persons for the purpose of using, manufacturing, producing, transporting, transferring, receiving, acquiring, owning, or possessing any radioactive material. Such rules and regulations may prohibit the use of radiation for uses found by the department to be detrimental to occupational and public health or safety or the environment and shall carry out the purposes and policies set out in sections 71-3501 and 71-3502. Such rules and regulations shall not prohibit or limit the kind or amount of radiation purposely prescribed for or administered to a patient by doctors of medicine and surgery, dentistry, osteopathic medicine, chiropractic, podiatry, and veterinary medicine, while engaged in the lawful practice of such profession, or administered by other professional personnel, such as allied health personnel, medical radiographers, limited radiographers, nurses, and laboratory workers, acting under the supervision of a licensed practitioner. Violation of rules and regulations adopted and promulgated by the department pursuant to the Radiation Control Act shall be due cause for the suspension, revocation, or limitation of a license issued by the department. Any licensee may request a hearing before the department on the issue of such suspension, revocation, or limitation. Procedures for notice and opportunity for a hearing before the department shall be pursuant to the Administrative Procedure Act. The decision of the department may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act;(b) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private;(c) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to the control of sources of radiation;(d) Collect and disseminate health education information relating to radiation protection;(e) Make its facilities available so that any person or any agency may request the department to review and comment on plans and specifications of installations submitted by the person or agency with respect to matters of protection and safety for the control of undesirable radiation;(f) Be empowered to inspect radiation sources and their shieldings and surroundings for the determination of any possible undesirable radiation or violations of rules and regulations adopted and promulgated by the department and provide the owner, user, or operator with a report of any known or suspected deficiencies; and(g) Collect a fee for emergency response or environmental surveillance, or both, offsite from each nuclear power plant equal to the cost of completing the emergency response or environmental surveillance and any associated report. In no event shall the fee for any nuclear power plant exceed the lesser of the actual costs of such activities or eighty-two thousand dollars per annum. Commencing January 1, 2018, the accounting division of the Department of Administrative Services shall recommend an inflationary adjustment equivalent which shall be based upon the Consumer Price Index for All Urban Consumers of the United States Department of Labor, Bureau of Labor Statistics, and shall not exceed five percent per annum. Such adjustment shall be applied to the annual fee for nuclear power plants. The fee collected shall be credited to the Health and Human Services Cash Fund. This fee shall be used solely for the purpose of defraying the costs of the emergency response and environmental surveillance at Cooper Nuclear Station and Fort Calhoun Station conducted by the department. The department may charge additional fees when mutually agreed upon for services, training, or equipment that are a part of or in addition to matters in this section. This subdivision shall not apply to any nuclear power plant that (i) has initiated permanent plant decommissioning and has notified the department that it has implemented a permanent defueled emergency plan which no longer requires pre-planned assistance from state agencies pursuant to rules and regulations of the United States Nuclear Regulatory Commission and (ii) no longer requires protective actions beyond the site boundary to protect the public and the environment from exposure to radiation as a result of an event at such plant.(2) If a nuclear power plant is no longer subject to the fee requirement pursuant to subdivision (1)(g) of this section, the fee for the remaining nuclear power plant shall not exceed the lesser of the actual costs of the department's activities or one hundred ten thousand dollars per annum. Such fee shall be subject to all other provisions of subdivision (1)(g) of this section.Source   Laws 1963, c. 406,  5, p. 1299;   Laws 1969, c. 577,  1, p. 2324;  Laws 1975, LB 157,  5;  Laws 1978, LB 814,  4;  Laws 1987, LB 390,  6;  Laws 1988, LB 352,  131;  Laws 1989, LB 342,  33;  Laws 1990, LB 1064,  18;  Laws 1995, LB 406,  43;  Laws 1996, LB 1044,  653;  Laws 1997, LB 658,  13;  Laws 2000, LB 1115,  72;  Laws 2002, LB 93,  14;  Laws 2007, LB296,  568;  Laws 2007, LB463,  1210;  Laws 2008, LB928,  24;  Laws 2017, LB430,  1.  Cross References  Administrative Procedure Act, see section 84-920.
71-3507.  Licenses or registration; rules and regulations; exemptions; reciprocity; department; right of entry; surveys and inspections.(1) The department shall adopt and promulgate rules and regulations for the issuance, amendment, suspension, and revocation of general and specific licenses. Such licenses shall be for byproduct material, source material, special nuclear material, and radioactive material not under the authority of the federal Nuclear Regulatory Commission and for devices or equipment utilizing such materials. The rules and regulations shall provide:(a) For written applications for a specific license which include the technical, financial, and other qualifications determined by the department to be reasonable and necessary to protect occupational and public health and safety and the environment;(b) For additional written statements and inspections, as required by the department, at any time after filing an application for a specific license and before the expiration of the license to determine whether the license should be issued, amended, suspended, or revoked;(c) That all applications and statements be signed by the applicant or licensee;(d) The form, terms, and conditions of general and specific licenses;(e) That no license or right to possess or utilize sources of radiation granted by a license shall be assigned or in any manner disposed of without the written consent of the department; and(f) That the terms and conditions of all licenses are subject to amendment by rules, regulations, or orders issued by the department.(2) The department may require registration or licensing of radioactive material not enumerated in subsection (1) of this section in order to maintain compatibility and equivalency with the standards and regulatory programs of the federal government or to protect the occupational and public health and safety and the environment.(3)(a) The department shall require licensure of persons providing measurement and mitigation services of radon or its decay products in order to protect the occupational and public health and safety and the environment.(b) The department shall adopt and promulgate rules and regulations establishing education, experience, training, examination, and continuing competency requirements for radon measurement specialists and radon mitigation specialists. Application for such licenses shall be made as provided in the Uniform Credentialing Act. Such persons shall be credentialed in the same manner as an individual under subsection (1) of section 38-121 and shall be subject to disciplinary action pursuant to section 71-3517. Continuing competency requirements may include, but not be limited to, one or more of the continuing competency activities listed in section 38-145. Any radon measurement technician license issued prior to December 1, 2008, shall remain valid as a radon measurement specialist license on and after such date until the date such radon measurement technician license would have expired. Such radon measurement specialist license shall be subject to rules and regulations adopted and promulgated by the department.(c) The department shall adopt and promulgate rules and regulations establishing staffing, proficiency, quality control, reporting, worker health and safety, equipment, and record-keeping requirements for radon measurement businesses and radon mitigation businesses and mitigation system installation requirements for radon mitigation businesses.(4) The department may exempt certain sources of radiation or kinds of uses or users from licensing or registration requirements established under the Radiation Control Act when the department finds that the exemption will not constitute a significant risk to occupational and public health and safety and the environment.(5) The department may provide by rule and regulation for the recognition of other state or federal licenses compatible and equivalent with the standards established by the department for Nebraska licensees.(6) The department may accept accreditation for an industrial radiographer by a recognized independent accreditation body, a public agency, or the federal Nuclear Regulatory Commission, which has standards that are at least as stringent as those of the State of Nebraska, as evidence that the industrial radiographer complies with the rules and regulations adopted and promulgated pursuant to the act. The department may adopt and promulgate rules and regulations which list accreditation bodies, public agencies, and federal programs that meet this standard.(7) The department may enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with the act and rules and regulations adopted and promulgated pursuant to the act, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.(8) The department shall cause to be registered with the department such sources of radiation as the department determines to be reasonably necessary to protect occupational and public health and safety and the environment as follows:(a) The department shall, by public notice, establish a date on or before which date such sources of radiation shall be registered with the department. An application for registration shall be either in writing or by electronic means and shall state such information as the department by rules or regulations may determine to be necessary and reasonable to protect occupational and public health and safety and the environment;(b) Registration of sources of radiation shall be an initial registration with appropriate notification to the department in the case of alteration of equipment, acquisition of new sources of radiation, or the transfer, loss, or destruction of sources of radiation and shall include the registration of persons installing or servicing sources of radiation;(c) Failure to register or reregister sources of radiation in accordance with rules and regulations adopted and promulgated by the department shall be subject to a fine of not less than fifty dollars nor more than two hundred dollars; and(d) The department may provide by rule and regulation for reregistration of sources of radiation.(9) The results of any surveys or inspections of sources of radiation conducted by the department shall be public records subject to sections 84-712 to 84-712.09. In addition, the following information shall be deemed confidential:(a) The names of individuals in dosimetry reports;(b) Emergency response procedures which would present a clear threat to security or disclose names of individuals; and(c) Any other information that is likely to present a clear threat to the security of radioactive material. The department shall make such reports of results of surveys or inspections available to the owner or operator of the source of radiation together with any recommendations of the department regarding deficiencies noted.(10) The department shall have the right to survey or inspect again any source of radiation previously surveyed without limitation of the number of surveys or inspections conducted on a given source of radiation.(11) The department may enter into contracts with persons or corporations to perform the inspection of X-ray radiation-generating equipment or devices which emit radiation from radioactive materials and to aid the department in the administration of the act.Source   Laws 1963, c. 406,  7, p. 1301;  Laws 1975, LB 157,  7;  Laws 1978, LB 814,  5;  Laws 1987, LB 390,  7;  Laws 1990, LB 1064,  19;  Laws 1993, LB 536,  84;  Laws 1995, LB 406,  44;  Laws 1999, LB 800,  11;  Laws 2000, LB 1115,  73;  Laws 2002, LB 1021,  72;  Laws 2007, LB463,  1211;  Laws 2008, LB928,  26. Cross References  Uniform Credentialing Act, see section 38-101.
71-3508.01.  Radioactive materials license; terms and conditions; termination of license; transfer of land; effect; department; powers and duties.(1) Any radioactive materials license issued or renewed after August 30, 1987, for any activity which results in the production of byproduct material as defined in subdivision (12)(b) of section 71-3503 shall contain such terms and conditions as the department determines to be necessary to assure that prior to termination of such license:(a) The licensee shall comply with decontamination, decommissioning, and reclamation standards prescribed by the department which shall be equivalent, to the extent practicable, or more stringent than those of the federal Nuclear Regulatory Commission for sites (i) at which ores are processed primarily for their source material content and (ii) at which such byproduct material or mill tailings are deposited; and(b) Ownership of any disposal site and such byproduct material or mill tailings which resulted from the licensed activity will, subject to subsection (2) of this section, be transferred to (i) the United States or (ii) this state if the state exercises the option to acquire land used for the disposal of such byproduct material or mill tailings. Any license which is in effect on August 30, 1987, and which is subsequently terminated without renewal shall comply with subdivisions (1)(a) and (b) of this section upon termination.(2)(a) The department shall require by rule, regulation, or order that prior to the termination of any license which is issued after August 30, 1987, title to the land, including any interests therein, other than land held in trust by the United States for any Indian tribe or owned by an Indian tribe subject to a restriction against alienation imposed by the United States or land already owned by the United States or by the state, which is used pursuant to such license for the disposal of byproduct material or source material mill tailings will be transferred to (i) the United States or (ii) this state, unless the federal Nuclear Regulatory Commission determines prior to such termination that transfer of title to such land and such byproduct material or mill tailings is not necessary or desirable to protect the occupational and public health and safety and the environment or to minimize danger to life or property.(b) If transfer to the state of title to such byproduct material or mill tailings and land is required, the state may assume title, following the federal Nuclear Regulatory Commission's determination that the licensee has complied with applicable standards and requirements under the license, and the department shall maintain the byproduct material or mill tailings and land in such manner as will protect the occupational and public health and safety and the environment.(c) The department may undertake such monitoring, maintenance, and emergency measures as are necessary to protect the occupational and public health and safety and the environment for those materials and property to which the state has assumed title pursuant to this section.(d) The transfer of title to the United States or this state shall not relieve any licensee of liability for any fraudulent or negligent acts done prior to such transfer.(e) Title transferred pursuant to this section shall be transferred without cost to the United States or this state other than the administrative and legal costs incurred in carrying out such transfer.(3) In the licensing and regulation of byproduct material and source material mill tailings or of any activity which results in the production of byproduct material or mill tailings, the department shall require compliance with applicable standards adopted and promulgated by the department which are equivalent, to the extent practicable, or more stringent than standards adopted and enforced by the federal Nuclear Regulatory Commission for the same purpose, including requirements and standards promulgated by the federal Environmental Protection Agency.Source  Laws 1987, LB 390,  9;  Laws 2002, LB 93,  15.  
71-3508.02.  Acquisition of sites; use; management.(1) Lands and appurtenances which are used for the management of low-level radioactive waste shall be acquired and held in fee simple absolute by the licensed facility operator so long as such ownership does not preclude licensure or operation of the facility under federal law and until title to the land and appurtenances is transferred to the state pursuant to subsection (1) of section 81-15,102. Such lands and appurtenances shall be used exclusively for the disposal of low-level radioactive waste until the department determines that such exclusive use is not required to protect the occupational and public health and safety or the environment. Before such site is leased for other use, the radioactive waste history of the site shall be recorded in the permanent land records of the site.(2) The department may contract with third parties for management of a low-level radioactive waste site. A contractor shall be subject to the surety and long-term care funding provisions of section 71-3508.04 and to appropriate licensing by the federal Nuclear Regulatory Commission or by the department.Source  Laws 1987, LB 390,  10;  Laws 1994, LB 72,  1;  Laws 1996, LB 1201,  2.  
71-3508.03.  Fees; costs; use; exemptions; failure to pay; effect.(1) The department shall establish by rule and regulation annual fees for the radioactive materials licenses, for inspections of radioactive materials, for the registration and inspection of radiation-generating equipment and other sources of radiation, and for radon measurement and mitigation business licenses and inspections of radon mitigation systems installations under the Radiation Control Act. The annual fee for registration and inspection of X-ray radiation generating equipment used to diagnose conditions in humans or animals shall not exceed four hundred dollars per X-ray machine. The department shall also establish by rule and regulation additional fees for environmental surveillance activities performed by the department to assess the radiological impact of activities conducted by licensees and registrants. Such activities shall not duplicate surveillance programs approved by the federal Nuclear Regulatory Commission and conducted by entities licensed by such commission. No fee shall exceed the actual cost to the department for administering the act. The fees collected shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund and shall be used solely for the purpose of defraying the direct and indirect costs of administering the act. The department shall collect such fees.(2) The department may, upon application by an interested person or on its own initiative, grant such exemptions from the requirements of this section as it determines are in the public interest. Applications for exemption under this subsection may include, but shall not be limited to, the use of licensed materials for educational or noncommercial displays or scientific collections.(3) When a registrant or licensee fails to pay the applicable fee, the department may suspend or revoke the registration or license or may issue an appropriate order.(4) The department shall establish and collect fees for licenses for individuals engaged in radon detection, measurement, and mitigation as provided in sections 38-151 to 38-157.Source  Laws 1987, LB 390,  11;  Laws 1990, LB 1064,  20;  Laws 1993, LB 536,  85;  Laws 1996, LB 1044,  654;  Laws 2002, LB 1021,  73;  Laws 2003, LB 242,  114;  Laws 2007, LB296  569;  Laws 2007, LB463,  1212;  Laws 2008, LB928,  27. 
71-3508.04.  Licensee; surety; long-term site surveillance and care; funds; disposition; powers and duties.(1) For licensed activities involving source material milling, source material mill tailings, and management of low-level radioactive waste, the department shall, and for other classes of licensed activities the department may, adopt and promulgate rules and regulations which establish standards and procedures to ensure that the licensee will provide an adequate surety or other financial arrangement to permit the completion of all requirements established by the department for the licensure, regulation, decontamination, closure, decommissioning, and reclamation of sites, structures, and equipment used in conjunction with such licensed activity in case the licensee should default for any reason in performing such requirements. All sureties required which are forfeited shall be paid to the department and remitted to the State Treasurer for credit to the Health and Human Services Cash Fund. Money in such fund remitted pursuant to this subsection shall be expended by the department as necessary to complete the closure and reclamation requirements and shall not be used for normal operating expenses of the department.(2) For licensed activities involving the disposal of source material mill tailings and management of low-level radioactive waste, the department shall, and for other classes of licensed activities when radioactive material which will require surveillance or care is likely to remain at the site after the licensed activities cease the department may, adopt and promulgate rules and regulations which establish standards and procedures to ensure that the licensee, before termination of the license, will make available such funding arrangements as may be necessary to provide for long-term site surveillance and care. All such funds collected from licensees shall be paid to the department and remitted to the State Treasurer for credit to the fund. All funds accrued as interest on money credited to the fund pursuant to this subsection may be expended by the department for the continuing long-term surveillance, maintenance, and other care of facilities from which such funds are collected as necessary for protection of the occupational and public health and safety and the environment. If title to and custody of any radioactive material and its disposal site are transferred to the United States upon termination of any license for which funds have been collected for such long-term care, the collected funds and interest accrued thereon shall be transferred to the United States.(3) The sureties or other financial arrangements and funds required by this section shall be established in amounts sufficient to ensure compliance with standards, if any, established by the department pertaining to licensure, regulation, closure, decommissioning, reclamation, and long-term site surveillance and care of such facilities and sites.(4) To provide for the proper care and surveillance of sites subject to subsection (2) of this section which are not subject to section 71-3508.01 or 71-3508.02, the state may acquire by gift or transfer from another governmental agency or private person any land and appurtenances necessary to fulfill the purposes of this section. Any such gift or transfer shall be subject to approval and acceptance by the Legislature.(5) The department may by contract, agreement, lease, or license with any person, including another state agency, provide for the decontamination, closure, decommissioning, reclamation, surveillance, or other care of a site subject to this section as needed to carry out the purposes of this section.(6) If a person licensed by any governmental agency other than the department desires to transfer a site to the state for the purpose of administering or providing long-term care, a lump-sum deposit shall be made to the department and remitted to the State Treasurer for credit to the Health and Human Services Cash Fund. The amount of such deposit shall be determined by the department taking into account the factors stated in subsections (1) and (2) of this section.Source  Laws 1987, LB 390,  12;   Laws 1991, LB 703,  37;  Laws 1996, LB 1044,  655;  Laws 2007, LB296,  570. 
71-3508.  Radiation; possession or use; records; contents; user of sources of radiation; qualifications; exemptions.(1) The department shall require each person who possesses or uses a source of radiation to maintain records relating to its receipt, storage, transfer, or disposal and such other records as the department may require subject to such exemptions as may be provided by rules or regulations. These records shall be made available for inspection by or copies shall be submitted to the department on request.(2) The department shall require each person who possesses or uses a source of radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules and regulations of the department. Copies of these records and those required to be kept by subsection (1) of this section shall be submitted to the department on request. Any person possessing or using a source of radiation shall furnish to each employee for whom personnel monitoring is required a copy of each employee's personal exposure record at any time such employee has received exposure in excess of the amount specified in the rules and regulations of the department and upon termination of employment. A copy of the annual exposure record shall be furnished to the employee as required under rules and regulations adopted under the Radiation Control Act.(3) The department may adopt and promulgate rules and regulations establishing qualifications pertaining to the education, knowledge of radiation safety procedures, training, experience, utilization, facilities, equipment, and radiation protection program that an individual user of sources of radiation shall possess prior to using any source of radiation or radiation-generating equipment. Individuals who are currently licensed in the State of Nebraska as podiatrists, chiropractors, dentists, physicians and surgeons, osteopathic physicians, physician assistants, and veterinarians shall be exempt from the rules and regulations of the department pertaining to the qualifications of persons for the use of X-ray radiation-generating equipment operated for diagnostic purposes.Source   Laws 1963, c. 406,  8, p. 1303;  Laws 1975, LB 157,  8;  Laws 1978, LB 814,  6;   Laws 1980, LB 816,  1;  Laws 1987, LB 390,  8;  Laws 1989, LB 342,  35;  Laws 1995, LB 406,  45;   Laws 1996, LB 1108,  21.  
71-3509.  Sources of radiation; agreements with federal agency; Governor; license; expiration.(1) The Governor, on behalf of this state, may enter into agreements with the federal Nuclear Regulatory Commission pursuant to the federal Atomic Energy Act of 1954, section 274b, as amended, providing for discontinuance of certain of such commission's licensing and related regulatory authority with respect to byproduct material, source material, and special nuclear material and the assumption of regulatory authority for such materials by this state.(2) The department may, upon discontinuance of certain of such commission's licensing and related regulatory authority with respect to byproduct material, source material, and special nuclear material and the assumption of regulatory authority for such materials by the state, cause to be licensed by the department such materials over which the state has assumed licensing and related regulatory authority under the terms of the agreement authorized in subsection (1) of this section.(3) Any person who, on the effective date of an agreement under subsection (1) of this section, possesses a license issued by the federal Nuclear Regulatory Commission for radioactive material subject to the agreement shall be deemed to possess a license like those issued under the Radiation Control Act. Such license shall expire either ninety days after receipt from the department of a notice of expiration of such license, or on the date of expiration specified in the federal Nuclear Regulatory Commission license, whichever is the earlier.Source   Laws 1963, c. 406,  9, p. 1303;  Laws 1975, LB 157,  9;  Laws 1987, LB 390,  13.  
71-351.  Transferred to section 38-1016.
71-3510.  Federal government; other states; agreements; control of sources of radiation; department; powers.(1) The department may enter into an agreement or agreements with the federal Nuclear Regulatory Commission pursuant to the federal Atomic Energy Act of 1954, section 274i, as amended, other federal governmental agencies as authorized by law, other states, or interstate agencies whereby this state will perform on a cooperative basis with the federal Nuclear Regulatory Commission, other federal governmental agencies, other states, or interstate agencies inspections or other functions relating to control of sources of radiation.(2) The department may institute training programs for the purpose of qualifying personnel to carry out the Radiation Control Act and may make such personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of such act.Source   Laws 1963, c. 406,  10, p. 1304;  Laws 1975, LB 157,  10;  Laws 1987, LB 390,  14.  
71-3511.  Radiation; ordinance, resolution, or regulation; superseded; when.Any ordinance, resolution, or regulation, now or hereafter in effect, of the governing body of a municipality, county, or state agency relating to sources of radiation that is inconsistent with the Radiation Control Act, amendments thereto, or rules and regulations adopted and promulgated pursuant to the act is superseded by the act.Source   Laws 1963, c. 406,  11, p. 1304;  Laws 1975, LB 157,  11;  Laws 1984, LB 716,  4;  Laws 1987, LB 390,  15.  
71-3512.  Transferred to section 38-1914.
71-3513.  Rules and regulations; licensure; department; powers; duties; appeal.(1) In any proceeding for the issuance or modification of rules or regulations relating to control of sources of radiation, the department shall provide an opportunity for public participation through written comments and a public hearing.(2) In any proceeding for the denial of an application for a license or for the amendment, suspension, or revocation of a license, the department shall provide the applicant or licensee an opportunity for a hearing on the record.(3) In any proceeding for licensing ores processed primarily for their source material content and management of byproduct material and source material mill tailings, or for licensing management of low-level radioactive waste, the department shall provide:(a) An opportunity, after public notice, for written comments and a public hearing with a transcript;(b) An opportunity for cross-examination; and(c) A written determination of the action to be taken which is based upon findings included in the determination and upon evidence presented during the public comment period.(4) In any proceeding for licensing ores processed primarily for their source material content and disposal of byproduct material and source material mill tailings, or for licensing management of low-level radioactive waste, the department shall prepare, for each licensed activity which has a significant impact on the occupational or public health and safety or the environment, a written analysis of the impact of such licensed activity. The analysis shall be available to the public before the commencement of the hearing and shall include:(a) An assessment of the radiological and nonradiological impacts to the public health;(b) An assessment of any impact on any waterway and ground water;(c) Consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted; and(d) Consideration of the long-term impacts, including decommissioning, decontamination, and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials which will remain on the site after such decommissioning, decontamination, and reclamation.(5) The department shall prohibit any major construction with respect to any activity for which an environmental impact analysis is required by this section prior to completion of such analysis.(6) Whenever the department finds that an emergency exists with respect to radiation requiring immediate action to protect occupational or public health and safety or the environment, the department may, without notice, hearing, or submission to the administrator, issue a regulation or order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any provisions of the Radiation Control Act, such regulation or order shall be effective immediately. Any person to whom such regulation or order is directed shall comply immediately, but on application to the department shall be afforded a hearing not less than fifteen days and not more than thirty days after filing of the application. On the basis of such hearing, the emergency regulation or order shall be continued, modified, or revoked within thirty days after such hearing, and the department shall mail the applicant a copy of its findings of fact and determination.(7) Any final department action or order entered pursuant to subsection (1), (2), (3), or (6) of this section may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1963, c. 406,  13, p. 1305;  Laws 1975, LB 157,  12;  Laws 1987, LB 390,  16;  Laws 1988, LB 352,  132;  Laws 2007, LB296,  571. Cross References  Administrative Procedure Act, see section 84-920.
71-3514.01.  Deliberate misconduct; intentional misinformation; prohibited.(1) Any licensee, registrant, applicant for a license or registration, employee of a licensee or registrant, contractor or subcontractor of a licensee, registrant, or applicant for a license or registration, or employee of any contractor or subcontractor of a licensee, registrant, or applicant for a license or registration, who knowingly provides to any licensee, registrant, applicant, contractor, or subcontractor any components, equipment, materials, or other goods or services that relate to a licensee's, registrant's, or applicant's activities covered by the Radiation Control Act, shall not (a) engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, registrant, or applicant to be in violation of any rule, regulation, or order or any term, condition, or limitation of any license or registration issued by the department or (b) intentionally submit to the department, a licensee, a registrant, an applicant, or a licensee's, registrant's, or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the department.(2) Any person who violates this section is subject to section 71-3517.Source Laws 2002, LB 1021,  74. 
71-3514.  Violation of act; remedies.Whenever, in the judgment of the department, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of the Radiation Control Act or any rule, regulation, or order issued pursuant to the act, the Attorney General or any county attorney may make application to the district court for an order enjoining such acts or practices or for an order directing compliance, and upon a showing by the department that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.Source   Laws 1963, c. 406,  14, p. 1305;  Laws 1987, LB 390,  17.  
71-3515.01.  Transferred to section 38-1915.
71-3515.02.  Transferred to section 38-1918.
71-3515.  Radiation; acts; registration or license required.It shall be unlawful for any person to use, manufacture, produce, distribute, sell, transport, transfer, install, repair, receive, acquire, own, or possess any source of radiation unless registered with or licensed by the department as required by the Medical Radiography Practice Act or section 71-3505, 71-3507, or 71-3509.Source   Laws 1963, c. 406,  15, p. 1306;  Laws 1975, LB 157,  13;  Laws 1978, LB 814,  7;  Laws 1984, LB 716,  5;  Laws 1987, LB 390,  18;  Laws 2007, LB463,  1213. Cross References  Medical Radiography Practice Act, see section 38-1901.
71-3516.01.  Impounded source of radiation; disposition; procedure; expenses.(1) The department shall keep any source of radiation impounded under section 71-3516 for as long as it is needed as evidence for any hearing.(2) Prior to the issuance of an order of disposition for an impounded source of radiation, the department shall notify in writing any person, known by the department to claim an interest in the source of radiation, that the department intends to dispose of the source of radiation. Notice shall be served by personal service, by certified or registered mail to the last-known address of the person, or by publication. Notice by publication shall only be made if personal service or service by mail cannot be effectuated.(3) Within fifteen days after service of the notice under subsection (2) of this section, any person claiming an interest in the impounded source of radiation may request, in writing, a hearing before the department to determine possession of the source of radiation. The hearing shall be held in accordance with rules and regulations adopted and promulgated by the department. If the department determines that the person claiming an interest in the source of radiation has proven by a preponderance of the evidence that such person (a) had not used or intended to use the source of radiation in violation of the Radiation Control Act, (b) has an interest in the source of radiation acquired in good faith as an owner, a lien holder, or otherwise, and (c) has the authority under the act to possess such source of radiation, the department shall order that possession of the source of radiation be given to such person. If possession of the impounded source of radiation is not given to the person requesting the hearing, such person may appeal the decision of the department, and the appeal shall be in accordance with the Administrative Procedure Act. If possession of the impounded source of radiation is not given to the person so appealing, the department shall order such person to pay for the costs of the hearing, storage fees, and any other reasonable and necessary expenses related to the impounded source of radiation.(4) If possession of the impounded source of radiation is not given to the person requesting the hearing under subsection (3) of this section, the department shall issue an order of disposition for the source of radiation and shall dispose of the source of radiation as directed in the order. Disposition methods are at the discretion of the department and may include, but are not limited to, (a) sale of the source of radiation to a person authorized to possess the source of radiation under the act, (b) transfer to the manufacturer of the source of radiation, or (c) destruction of the source of radiation. The order of disposition shall be considered a transfer of title of the source of radiation.(5) If expenses related to the impounded source of radiation are not paid under subsection (3) of this section, the department shall pay such expenses from:(a) Proceeds from the sale of the source of radiation, if sold; or(b) Available funds in the Health and Human Services Cash Fund.Source  Laws 2006, LB 994,  107;  Laws 2007, LB296,  572. Cross References  Administrative Procedure Act, see section 84-920.
71-3516.  Emergency; impounding sources of radiation; department; powers.(1) The department shall have the authority in the event of an emergency affecting occupational or public health and safety or the environment to impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of the Radiation Control Act or any rules or regulations issued pursuant to such act.(2) Any source of radiation impounded by the department is declared to be a common nuisance and cannot be subject to a replevin action.(3) Possession of an impounded source of radiation shall be determined by section 71-3516.01.Source   Laws 1963, c. 406,  16, p. 1306;  Laws 1975, LB 157,  14;  Laws 1987, LB 390,  19;  Laws 2006, LB 994,  106.  
71-3517.  Violations; civil and criminal penalties; appeal.(1) Any person who violates any of the provisions of the Radiation Control Act shall be guilty of a Class IV misdemeanor.(2) In addition to the penalty provided in subsection (1) of this section, any person who violates any provision of the Radiation Control Act or any rule, regulation, or order issued pursuant to such act or any term, condition, or limitation of any license or registration certificate issued pursuant to such act shall be subject to:(a) License revocation, suspension, modification, condition, or limitation;(b) The imposition of a civil penalty; or(c) The terms of any appropriate order issued by the department.(3) Whenever the department proposes to subject a person to the provisions of subsection (2) of this section, the department shall notify the person in writing (a) setting forth the date, facts, and nature of each act or omission with which the person is charged, (b) specifically identifying the particular provision or provisions of the section, rule, regulation, order, license, or registration certificate involved in the violation, and (c) of the sanction or order to be imposed. If a civil penalty is imposed, the notice shall include a statement that it can be collected by civil action. The notice shall be delivered to each alleged violator by personal service, by certified or registered mail to his or her last-known address, or by publication. Notice by publication shall only be made if personal service or service by mail cannot be effectuated. The sanction or order in the notice shall become final thirty days after the mailing of the notice unless the applicant, registrant, or licensee, within the thirty-day period, requests, in writing, a hearing before the department. If the notice is served by personal service or publication, the sanction or order shall become final thirty days after completion of such service unless the applicant, registrant, or licensee, within the thirty-day period, requests, in writing, a hearing before the department.(4) Hearings held pursuant to subsection (3) of this section shall be held in accordance with rules and regulations adopted and promulgated by the department and shall provide for the alleged violator to present such evidence as may be proper. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by the rules and regulations of the department. A full and complete record shall be kept of the proceedings.(5) Following the hearing, the department shall determine whether the charges are true or not, and if true, the department may (a) issue a declaratory order finding the charges to be true, (b) revoke, suspend, modify, condition, or limit the license, (c) impose a civil penalty in an amount not to exceed ten thousand dollars for each violation, or (d) enter an appropriate order. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty and the amount of the penalty shall be based on the severity of the violation. A copy of such decision setting forth the finding of facts and the particular reasons upon which it is based shall be sent by either certified or registered mail to the alleged violator. The decision may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.(6) Any civil penalty assessed and unpaid under subsection (5) of this section 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 from receipt, remit any collected civil penalty to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.(7) In addition to the provisions of this section, radon measurement specialists and radon mitigation specialists 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. In addition to the grounds for disciplinary action found in the Uniform Credentialing Act, a license issued to a specialist may be disciplined for any violation of the Radiation Control Act or the rules and regulations adopted and promulgated under the act.Source   Laws 1963, c. 406,  17, p. 1306;  Laws 1977, LB 39,  172;  Laws 1987, LB 390,  20;  Laws 1988, LB 352,  133;  Laws 2002, LB 1021,  77;  Laws 2007, LB296,  573;  Laws 2007, LB463,  1214;  Laws 2008, LB928,  28. Cross References   Administrative Procedure Act, see section 84-920.  Uniform Credentialing Act, see section 38-101. 
71-3518.01.  Existing rules, regulations, licenses, forms of approval, suits, other proceedings; how treated.(1) All rules and regulations adopted prior to December 1, 2008, under the Radiation Control Act shall continue to be effective to the extent not in conflict with the changes made by Laws 2007, LB 463.(2) All licenses or other forms of approval issued prior to December 1, 2008, in accordance with the Radiation Control Act shall remain valid as issued for purposes of the changes made by Laws 2007, LB 463, unless revoked or otherwise terminated by law.(3) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to December 1, 2008, under the Radiation Control Act shall be subject to the provisions of the act as they existed prior to December 1, 2008.Source Laws 2007, LB463,  1215. 
71-3518.  License or registration; common carrier exempt.Nothing in the Radiation Control Act shall be deemed to require the licensing or registration by any common carrier, contract carrier, private carrier, railway freight carrier, or railway express carrier transporting, storing, or handling any of the materials described in such act in the ordinary course of such carrier's business.Source   Laws 1963, c. 406,  18, p. 1306;  Laws 1987, LB 390,  21.  
71-3519.  Act, how cited.Sections 71-3501 to 71-3520 shall be known and may be cited as the Radiation Control Act.Source   Laws 1963, c. 406,  20, p. 1306;  Laws 1987, LB 390,  22;  Laws 2001, LB 668,  2;  Laws 2002, LB 1021,  78;  Laws 2005, LB 453,  1;  Laws 2006, LB 994,  108;  Laws 2007, LB463,  1216;  Laws 2008, LB928,  29. 
71-352.  Transferred to section 38-1017.
71-3520.  Act, how construed.Nothing in the Radiation Control Act shall be construed to allow the department to duplicate regulation by the federal government.Source Laws 1987, LB 390,  25. 
71-3522.  Compact; withdrawal.The State of Nebraska hereby withdraws from the Central Interstate Low-Level Radioactive Waste Compact. The Governor shall notify in writing each of the governors of the other compact states and the chairperson of the Central Interstate Low-Level Radioactive Waste Compact Commission that the withdrawal of the State of Nebraska from the compact is effective.Source Laws 1999, LB 530,  1. 
71-3523.  Legislative intent.It is the intent of the Legislature that costs incurred by the State of Nebraska attributable to the shipment of high-level radioactive waste and transuranic waste in or through the state shall be borne by the shipper.Source Laws 2003, LB 165,  1. 
71-3524.  Terms, defined.For purposes of sections 71-3523 to 71-3528:(1) Department means the Department of Health and Human Services;(2) High-level radioactive waste has the definition found in section 81-1589; and(3) Transuranic waste means radioactive waste material containing alpha-emitting radioactive elements, with radioactive half-lives greater than five years, having an atomic number greater than 92 in concentrations in excess of one hundred nanocuries per gram.Source  Laws 2003, LB 165,  2;  Laws 2005, LB 301,  43;  Laws 2007, LB296,  574. 
71-3525.  Fees.Until January 1, 2005, a fee of two thousand dollars shall be assessed on each cask of high-level radioactive waste or transuranic waste shipped in or through the state, whether shipped by motor carrier or rail. On and after January 1, 2005, the department shall establish and assess fees on all high-level radioactive waste and transuranic waste shipped by any means in or through the state. Such fees shall be equitable and shall be used for purposes related to (1) shipping of high-level radioactive waste and transuranic waste, including, but not limited to, inspections, escorts, and security for waste shipment, planning, and maintenance, (2) coordination of emergency response capability, (3) education and training, (4) purchase of necessary equipment, and (5) administrative costs attributable to the state agencies which are incurred as related to the shipping of high-level radioactive waste and transuranic waste. Fees assessed pursuant to this section shall be paid in advance of shipment by the shipper. Fees collected by the department under this section shall be remitted to the State Treasurer for credit to the Radiation Transportation Emergency Response Cash Fund.Source Laws 2003, LB 165,  3. 
71-3526.  Radiation Transportation Emergency Response Cash Fund; created; use; investment; changes in fees; when.The Radiation Transportation Emergency Response Cash Fund is created. The fund shall consist of fees credited pursuant to section 71-3525. The fund shall be used for the purposes stated in such section. The Director-State Engineer, the Superintendent of Law Enforcement and Public Safety, the chief executive officer of the department, the Adjutant General as director of the Nebraska Emergency Management Agency, and the executive director of the Public Service Commission, or their designees, shall meet at least annually to recommend changes in the fees charged and allocation of the fees collected among participating agencies based upon their respective costs in carrying out such section. 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.Source  Laws 2003, LB 165,  4;  Laws 2007, LB296,  575. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-3527.  Rules and regulations.The department may adopt and promulgate rules and regulations to carry out sections 71-3523 to 71-3526.Source Laws 2003, LB 165,  5. 
71-3528.  Applicability of sections.Sections 71-3523 to 71-3527 do not apply to high-level radioactive waste or transuranic waste shipped by or for the United States Government for military, national security, or national defense purposes. Sections 71-3523 to 71-3527 do not require disclosure of defense information or restricted data as defined in the federal Atomic Energy Act of 1954.Source Laws 2003, LB 165,  6. 
71-3529.  Legislative intent.It is the intent of the Legislature that costs incurred by the State of Nebraska attributable to the calibration of radiological instruments be borne by the responsible agency and to provide state and local governmental agencies a cost-effective source for the calibration of radiological instruments without infringing on commercial resources within the State of Nebraska.Source Laws 2006, LB 787,  1.
71-353.  Transferred to section 38-1018.
71-3530.  Terms, defined.For purposes of sections 71-3529 to 71-3536:(1) Department means the Radiological Emergency Preparedness Division within the Nebraska Emergency Management Agency under the Military Department;(2) Radiological instrument includes, but is not limited to, radiological meters, radiological detectors and probes, radiological dosimeters, and radiological kits; and(3) Responsible agency means any state or local governmental entity or private agency which owns radiological instruments or has agreed to be responsible for the replacement, repair, or calibration of such instruments.Source Laws 2006, LB 787,  2.
71-3531.  Fees; use.(1) Until January 1, 2008, a fee shall be assessed on each radiological instrument calibrated by the department as follows: Direct reading dosimeters, twenty-two dollars; electronic dosimeters, thirty-one dollars; CD V-700 meters, thirty-six dollars; CD V-715 meters, twenty-five dollars; CD V-718 meters, thirty-nine dollars; thermo-electron FH-40 GL and ASP-2 meters, sixty-six dollars; all electron detectors, forty-six dollars; and all other meters, sixty-six dollars. If any of such instruments form a kit, the fees shall be: CD V-777 kits, one hundred forty-nine dollars; thermo-electron FH-40 GL kits, two hundred thirty dollars; and thermo-electron ASP-2 kits, two hundred twenty-four dollars. Fees for minor repairs shall be at a base rate of sixteen dollars per hour plus the cost of parts. Beginning January 1, 2008, the department shall periodically adopt and promulgate rules and regulations that establish or adjust replacement, repair, or calibration fees and the department shall assess such fees on all radiological instruments replaced, repaired, or calibrated by the department. The fees shall be equitable and the Adjutant General and the assistant director of the Nebraska Emergency Management Agency or their designees shall meet at least annually to recommend changes in the fees charged and allocation of fees collected for expenses incurred under this section.(2) Such fees shall be used for purposes related to (a) inspection, repair, and calibration of radiological instruments, (b) repair, replacement, upgrade, and calibration of radiological calibrators, (c) security of calibration sources, (d) training of calibration technician personnel, (e) purchase of necessary tools and equipment related to radiological calibration, (f) payment of radiological licensing fees, and (g) if funds are available, administrative costs of the department and subsidizing the salary of calibration technician personnel and part-time employees.(3) Fees for calibration shall be paid in advance. Other fees shall be paid when receipted from the department by the responsible agency. Fees shall be remitted to the State Treasurer for credit to the Nebraska Emergency Management Agency Cash Fund.Source  Laws 2006, LB 787,  3;  Laws 2009, LB24,  1. 
71-3532.  Nebraska Emergency Management Agency Cash Fund; created; use; investment.The Nebraska Emergency Management Agency Cash Fund is created. The fund shall be administered by the director of the Nebraska Emergency Management Agency. The fund shall consist of all non-federal-fund revenue received by the Nebraska Emergency Management Agency. The fund shall only be used to pay for eligible costs of the Nebraska Emergency Management Agency. 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.Source  Laws 2006, LB 787,  4;  Laws 2007, LB322,  18. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-3533.  Delivery and receipt of radiological instruments.The responsible agency shall be responsible for delivery and receipt of radiological instruments to and from the department.Source Laws 2006, LB 787,  5.
71-3534.  Forfeiture of instrument; when; procedure.If a replaced, repaired, or calibrated radiological instrument has not been receipted from the department by the responsible agency sixty days after the completed replacement, repair, or calibration date, the department shall provide written notification to the responsible agency that failure to receipt such instrument within ninety days after the completion date shall result in forfeiture of such instrument. Written notification to the responsible agency shall be made a total of three times with not less than five working days between notifications. If, after proper notification and ninety days after the completion date, such instrument has not been receipted from the department by the responsible agency, the instrument shall become the property of the State of Nebraska and shall be available for issue by the department to other responsible agencies who agree to be responsible for the replacement, repair, and calibration of the radiological instrument or the instrument shall be turned in as surplus property.Source  Laws 2006, LB 787,  6;  Laws 2009, LB24,  2. 
71-3535.  Applicability of sections.Sections 71-3529 to 71-3536 shall not apply to a radiological instrument owned and replaced, repaired, or calibrated by the department, except when a responsible agency has been issued a radiological instrument and, by agreement, has consented to be responsible for the replacement, repair, and calibration of such instrument.Source  Laws 2006, LB 787,  7;  Laws 2009, LB24,  3. 
71-3536.  Rules and regulations.The department may adopt and promulgate rules and regulations to carry out sections 71-3529 to 71-3536.Source Laws 2006, LB 787,  8.
71-356.01.  Transferred to section 38-1020.
71-356.02.  Transferred to section 38-1021.
71-356.03.  Transferred to section 38-1022.
71-356.04.  Transferred to section 38-1023.
71-356.05.  Transferred to section 38-1024.
71-356.  Transferred to section 38-1019.
71-357.01.  Transferred to section 38-1026.
71-357.02.  Transferred to section 38-1027.
71-357.03.  Transferred to section 38-1028.
71-357.  Transferred to section 38-1025.
71-358.01.  Transferred to section 38-1030.
71-358.  Transferred to section 38-1029.
71-359.  Transferred to section 38-1031.
71-360.01.  Transferred to section 38-1033.
71-360.  Transferred to section 38-1032.
71-3601.01.  Act, how cited.Sections 71-3601 to 71-3614 shall be known and may be cited as the Tuberculosis Detection and Prevention Act.Source Laws 2004, LB 1005,  87. 
71-3601.  Terms, defined.For purposes of the Tuberculosis Detection and Prevention Act:(1) Communicable tuberculosis means tuberculosis manifested by a laboratory report of sputum or other body fluid or excretion found to contain tubercle bacilli or by chest X-ray findings interpreted as active tuberculosis by competent medical authority;(2) Department means the Department of Health and Human Services;(3) Directed health measure means any measure, whether prophylactic or remedial, intended and directed to prevent, treat, or limit the spread of tuberculosis;(4) Facility means a structure in which suitable isolation for tuberculosis can be given and which is approved by the department for the detention of recalcitrant tuberculous persons;(5) Local health officer means (a) the health director of a local public health department as defined in section 71-1626 or (b) the medical advisor to the board of health of a county, city, or village;(6) Recalcitrant tuberculous person means a person affected with tuberculosis in an active stage who by his or her conduct or mode of living endangers the health and well-being of other persons, by exposing them to tuberculosis, and who refuses to accept adequate treatment; and(7) State health officer means the chief medical officer as described in section 81-3115.Source   Laws 1963, c. 399,  1, p. 1273;  Laws 1982, LB 566,  6;  Laws 1996, LB 1044,  657;  Laws 2004, LB 1005,  88;  Laws 2007, LB296,  576;  Laws 2009, LB195,  79. 
71-3602.  Communicable tuberculosis; orders authorized; refusal; state health officer or local health officer; powers and duties.(1) When there are reasonable grounds to believe that a person has communicable tuberculosis and the person refuses to submit to the examination necessary to determine the existence of communicable tuberculosis, the state health officer or local health officer may order such person to submit to such examination. If such person refuses to comply with such order, the state health officer or a local health officer shall institute proceedings for commitment, returnable to the county court of the county in which the person resides or, if the person is a nonresident or has no permanent residence, in the county in which the person is found. Strictness of pleading is not required, and a general allegation that the public health requires commitment of the person is sufficient.(2) When a person with communicable tuberculosis conducts himself or herself in such a way as to expose another person to the danger of infection, the state health officer or local health officer may order such person to submit to directed health measures necessary for the treatment of the person and to prevent the transmission of the disease. If such person refuses to comply with such order, the state health officer or a local health officer shall institute proceedings for commitment, returnable to the county court of the county in which the person resides or, if the person is a nonresident or has no permanent residence, in the county in which the person is found. Strictness of pleading is not required, and a general allegation that the public health requires commitment of the person is sufficient.Source   Laws 1963, c. 399,  2, p. 1274;  Laws 1992, LB 860,  6;  Laws 1996, LB 1044,  658;  Laws 2004, LB 1005,  89;  Laws 2009, LB195,  80. 
71-3603.  Petition; hearing; notice; costs.The county attorney of the county in which the proceedings are to be held as provided in section 71-3602 shall act for the department or local board of health. Either the state health officer or local health officer shall advise the county attorney in writing of the violation. Within three days of such notification, the county attorney shall file a petition with the county court.Upon filing of the petition, the court shall set the matter for a hearing, which time shall be not less than five days nor more than ten days subsequent to filing. A copy of the petition together with a summons stating the time and place of hearing shall be served upon the person three days or more prior to the time set for the hearing.Summons shall be served by the sheriff of the county in which the hearing is to be held, and return thereof shall be made as in other civil cases.The court costs incurred in proceedings under the Tuberculosis Detection and Prevention Act, including medical examinations required by order of the court but excluding examinations procured by the person named in the petition, shall be borne by the county in which the proceedings are held.Source   Laws 1963, c. 399,  3, p. 1274;  Laws 1996, LB 1044,  659;  Laws 2004, LB 1005,  90.  
71-3604.  Hearing; procedure; order.(1) Upon the hearing set in the order, the person named in the order shall have a right to be represented by counsel, to confront and cross-examine witnesses against him or her, and to have compulsory process for the securing of witnesses and evidence in his or her own behalf.(2) Upon a consideration of the petition and evidence:(a) If the court finds that there are reasonable grounds to believe that the person named in the petition has communicable tuberculosis and has refused to submit to an examination to determine the existence of communicable tuberculosis, the court shall order such person to submit to such examination. If after such examination is completed it is determined that the person has communicable tuberculosis, the court shall order directed health measures necessary for the treatment of the person and to prevent the transmission of the disease; or(b) If the court finds that the person named in the petition has communicable tuberculosis and conducts himself or herself in such a way as to be a danger to the public health, an order shall be issued committing the person named to a facility and directing the sheriff to take him or her into custody and deliver him or her to the facility or to submit to directed health measures necessary for the treatment of the person and to prevent the transmission of the disease.(3) If the court does not so find, the petition shall be dismissed. The cost of transporting such person to the facility shall be paid from county general funds.Source   Laws 1963, c. 399,  4, p. 1275;  Laws 2009, LB195,  81. 
71-3605.  Appeal; procedure.Any person aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, is entitled to judicial review under the provisions of sections 25-2728 to 25-2738.Source   Laws 1963, c. 399,  5, p. 1275;  Laws 1981, LB 42,  25.  
71-3606.  Commitment; length of time.Upon commitment, the person shall be confined until such time as the responsible attending physician determines that the patient no longer has communicable tuberculosis or that his discharge will not endanger public health.Source  Laws 1963, c. 399,  6, p. 1276. 
71-3607.  Commitment; release; procedure.Any time beyond sixty days after commitment, the person or any friend or relative believing that the patient no longer has communicable tuberculosis or that his discharge will not endanger public health may institute proceedings by petition in the county court of the county wherein the confinement exists, whereupon the court shall set the matter down for a hearing before him within fifteen days, requiring the physician in attendance to show cause on a day certain why the patient should not be released. The court shall also require that the patient be allowed the right to be examined prior to the hearing by a physician of his own choice, if so desired and at his own expense. Thereafter all proceedings shall be conducted the same as on proceedings for commitment with the right of appeal by either party; Provided, such petition for discharge shall not be brought or renewed more often than once every ninety days.Source  Laws 1963, c. 399,  7, p. 1276. 
71-3608.  Commitment; voluntary hospitalization.No person having communicable tuberculosis who in his or her home or elsewhere obeys the rules, regulations, and orders of the department for the control of tuberculosis or who voluntarily accepts hospitalization or treatment in a health care facility which is licensed and approved for such use under the Health Care Facility Licensure Act by the department and obeys the rules, regulations, and orders of the department for the control of communicable tuberculosis shall be committed under the Tuberculosis Detection and Prevention Act.Source   Laws 1963, c. 399,  8, p. 1276;  Laws 1972, LB 1492,  1;  Laws 1996, LB 1044,  660;  Laws 2000, LB 819,  108;  Laws 2004, LB 1005,  91.  Cross References  Health Care Facility Licensure Act, see section 71-401.
71-3609.  Commitment; medical or surgical treatment; consent required.No person committed under the Tuberculosis Detection and Prevention Act shall be required to submit to medical or surgical treatment without his or her consent or, if incompetent, without the consent of his or her legal guardian, or, if a minor, without the consent of a parent or next of kin.Source   Laws 1963, c. 399,  9, p. 1276;  Laws 2004, LB 1005,  92.  
71-361.01.  Transferred to section 38-1034.
71-361.02.  Transferred to section 38-1035.
71-361.03.  Transferred to section 38-1036.
71-361.04.  Transferred to section 38-1037.
71-361.05.  Transferred to section 38-1038.
71-361.06.  Transferred to section 38-1039.
71-361.07.  Transferred to section 38-1040.
71-361.08.  Transferred to section 38-1041.
71-361.09.  Transferred to section 38-1042.
71-3610.  Commitment; treatment; expenses; payment by state.The expenses incurred in the care, maintenance, and treatment of patients committed under the Tuberculosis Detection and Prevention Act shall be paid from state funds appropriated to the department for the purpose of entering into agreements with qualified health care facilities so as to provide for the care, maintenance, and treatment of such patients and those other persons having communicable tuberculosis who voluntarily agree to and accept care and treatment.Source   Laws 1963, c. 399,  10, p. 1277;  Laws 1972, LB 1492,  2;  Laws 1996, LB 1044,  661;  Laws 2004, LB 1005,  93;  Laws 2007, LB296,  577. 
71-3611.  Commitment; consent to leave hospital; violation; return; costs paid by county.Any person committed under the Tuberculosis Detection and Prevention Act who leaves the facility without having been discharged by the attending physician or by court order shall be taken into custody and returned to the facility by the sheriff of any county where such person is found, upon an affidavit being filed with the sheriff by the administrator of the facility or duly authorized officer in charge thereof acting as the duly appointed agent and representative of the department in the matter. The costs of such transportation shall be paid from county general funds of the patient's county of residence. If the person is a nonresident of Nebraska or has no permanent residence, the costs shall be paid from county general funds of the county of commitment.Source   Laws 1963, c. 399,  11, p. 1277;  Laws 1972, LB 1492,  4;  Laws 1996, LB 1044,  662;  Laws 2004, LB 1005,  94.  
71-3612.  Communicable tuberculosis; examination required; expense; payment.The state health officer and each local health officer shall use all available means to detect persons with communicable tuberculosis in his or her jurisdiction. If he or she has reasonable grounds based upon medical science for believing that a person has communicable tuberculosis and if this person refuses to submit to the examination necessary for determining the existence of communicable tuberculosis, the state health officer or local health officer shall issue an order to the person to obtain the appropriate examination. Thereafter, if the person does not comply within seven days, the state health officer or local health officer may institute commitment procedures as described in sections 71-3601 to 71-3604, the purpose of commitment under this section being to determine whether or not the person has communicable tuberculosis.The costs of voluntary examination made upon request of the state health officer or local health officer and the cost of examination made upon order of the state health officer or local health officer shall be paid from county general funds of the person's county of residence. If the person is a nonresident or has no permanent residence, the costs shall be paid from the county general funds of the county of commitment. The costs of examination and maintenance while under commitment shall be paid from state funds appropriated to the department therefor. The costs of transportation under the commitment procedure for examination shall be paid from county general funds of the county of residence. If the person is not a resident of Nebraska or has no permanent residence, they shall be paid from the county general funds of the county of commitment.Source   Laws 1963, c. 399,  12, p. 1277;  Laws 1972, LB 1492,  5;  Laws 1996, LB 1044,  663;  Laws 2004, LB 1005,  95.  
71-3613.  Department; powers and duties.The department shall have and may exercise the following powers and duties in its administration of the Tuberculosis Detection and Prevention Act:(1) To contract with qualified hospitals or other health care facilities which are licensed and approved for such use under the Health Care Facility Licensure Act by the department for the purpose of caring for, maintaining, and treating patients committed under the Tuberculosis Detection and Prevention Act, and for those other persons having communicable tuberculosis who voluntarily agree to and accept care and treatment in such a health care facility on either an inpatient or an outpatient basis;(2) To inspect and supervise to the extent necessary the facilities, operations, and administration of those health care facilities under contract to or otherwise receiving support from the department for the purpose of providing care, treatment, or maintenance for persons infected with communicable tuberculosis;(3) To provide visiting nursing services to those persons having communicable tuberculosis who are being treated on an outpatient basis;(4) To adopt rules and regulations, and issue orders based thereon, relative to reports and statistics on tuberculosis from counties and the care, treatment, and maintenance of persons having tuberculosis, especially of those in the communicable or contagious stage thereof; and(5) To set standards by rule and regulation for the types and level of medical care and treatment to be used by those health care facilities caring for tuberculous persons and to set standards by rule and regulation governing contracts mentioned in subdivision (1) of this section dealing with such matters as program standards, maximum and minimum costs and rates, administrative procedures to be followed and reports to be made, and arbitration by third parties.Rules, regulations, and orders in effect under this section prior to July 16, 2004, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.Source  Laws 1972, LB 1492,  3;  Laws 1996, LB 1044,  664;  Laws 2000, LB 819,  109;  Laws 2004, LB 1005,  96.  Cross References  Health Care Facility Licensure Act, see section 71-401.
71-3614.  Cost of drugs and patient care; transportation; payment.(1) When any person who has communicable tuberculosis and who has relatives, friends, or a private or public agency or organization willing to undertake the obligation to support him or her or to aid in supporting him or her in any other state or country, the department may furnish him or her with the cost of transportation to such other state or country if it finds that the interest of the State of Nebraska and the welfare of such person will be promoted thereby. The expense of such transportation shall be paid by the department out of funds appropriated to it for the purpose of carrying out the Tuberculosis Detection and Prevention Act.(2) No funds appropriated to the department for the purpose of carrying out the act shall be used for meeting the cost of the care, maintenance, or treatment of any person who has communicable tuberculosis in a health care facility on either an inpatient or an outpatient basis, or otherwise, for directed health measures, or for transportation to another state or country, to the extent that such cost is covered by an insurer or other third-party payor or any other entity under obligation to such person by contract, policy, certificate, or any other means whatsoever. The department in no case shall expend any such funds to the extent that any such person is able to bear the cost of such care, maintenance, treatment, or transportation. To protect the health and safety of the public, the department may pay, in part or in whole, the cost of drugs and medical care used to treat any person for or to prevent the spread of communicable tuberculosis and for evaluation and diagnosis of persons who have been identified as contacts of a person with communicable tuberculosis. The department shall determine the ability of a person to pay by consideration of the following factors: (a) The person's age, (b) the number of his or her dependents and their ages and physical condition, (c) the person's length of care, maintenance, or treatment, (d) his or her liabilities, (e) the extent that such cost is covered by an insurer or other third-party payor, and (f) his or her assets. Pursuant to the Administrative Procedure Act, the department shall adopt and promulgate rules and regulations for making the determinations required by this subsection.Rules, regulations, and orders in effect under this section prior to July 16, 2004, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.Source  Laws 1972, LB 1492,  6;  Laws 1996, LB 1044,  665;  Laws 2004, LB 1005,  97;  Laws 2009, LB195,  82. Cross References  Administrative Procedure Act, see section 84-920.
71-362.01.  Transferred to section 38-1044.
71-362.  Transferred to section 38-1043.
71-363.01.  Transferred to section 38-1045.
71-364.  Transferred to section 38-1046.
71-365.01.  Transferred to section 38-1048.
71-365.02.  Transferred to section 38-1049.
71-365.  Transferred to section 38-1047.
71-366.  Transferred to section 71-357.01.
71-367.  Transferred to section 71-357.03.
71-368.  Transferred to section 38-1050.
71-369.  Transferred to section 38-1051.
71-370.01.  Transferred to section 38-1053.
71-370.02.  Transferred to section 38-1054.
71-370.  Transferred to section 38-1052.
71-3701.  Act, how cited.Sections 71-3701 to 71-3706 shall be known and may be cited as the Brain Injury Assistance Act.Source  Laws 2019, LB481,  1;  Laws 2022, LB971,  1.   Effective Date: July 21, 2022  
71-3702.  Terms, defined.For purposes of the Brain Injury Assistance Act:(1) Brain injury has the definition found in section 81-654; and(2) Committee means the Brain Injury Oversight Committee created in section 71-3703.Source  Laws 2019, LB481,  2;  Laws 2022, LB971,  2.   Effective Date: July 21, 2022  
71-3703.  Brain Injury Oversight Committee; created; members; terms; meetings; expenses.(1) The Brain Injury Oversight Committee is created. The committee shall consist of nine public members and the following directors, or their designees: The Commissioner of Education; the Director of Behavioral Health of the Department of Health and Human Services; and the Director of Public Health of the Department of Health and Human Services. The Governor shall appoint the nine public members which shall include individuals with a brain injury or family members of individuals with a brain injury, a representative of a public or private health-related organization, a representative of a developmental disability advisory or planning group within Nebraska, a representative of service providers for individuals with a brain injury, and a representative of a nonprofit brain injury advocacy organization.(2) The Governor shall appoint the public members within ninety days after July 15, 2020. The Governor shall designate the initial terms so that three members serve one-year terms, three members serve two-year terms, and three members serve three-year terms. Their successors shall be appointed for four-year terms. Any vacancy shall be filled from the same category for the remainder of the unexpired term. Any member of the committee shall be eligible for reappointment. At least one member of the committee shall be appointed from each congressional district.(3) The committee shall select a chairperson and such other officers as it deems necessary to perform its functions and shall establish policies to govern its procedures. The committee shall meet at least four times annually, and at any other time as the business of the committee requires, and shall meet at such place as may be established by the chairperson. The public members of the committee shall be reimbursed for their actual and necessary expenses as provided in sections 81-1174 to 81-1177.Source Laws 2019, LB481,  3. 
71-3704.  Committee; duties.The committee shall:(1) Provide financial oversight and direction to the University of Nebraska Medical Center in the management of the Brain Injury Assistance Program;(2) Develop criteria for expenditures from the Brain Injury Assistance Program; and(3) Represent the interests of individuals with a brain injury and their families through advocacy, education, training, rehabilitation, research, and prevention.Source  Laws 2019, LB481,  4;  Laws 2022, LB971,  3.   Effective Date: July 21, 2022  
71-3705.  Brain Injury Assistance Program; created; administration.(1) The Brain Injury Assistance Program is created. The program shall be administered by the Department of Health and Human Services through a contract with the University of Nebraska Medical Center. The program shall provide assistance for individuals with a brain injury by paying for contracts with outside sources that specialize in the area of brain injury. Such outside sources shall operate, at a minimum, statewide, and also in targeted areas as defined and determined in the contract, with individuals with a brain injury; work to secure and develop community-based services for individuals with a brain injury; provide support groups and access to pertinent information, medical resources, and service referrals for individuals with a brain injury; and educate professionals who work with individuals with a brain injury.(2) The program may provide assistance with the following activities, including, but not limited to:(a) Resource facilitation. Resource facilitation shall be given priority and made available to provide ongoing support for individuals with a brain injury and their families for coping with brain injuries. Resource facilitation may provide a linkage to existing services and increase the capacity of the state's providers of services to individuals with a brain injury by providing brain-injury-specific information, support, and resources and enhancing the usage of support commonly available in a community. Agencies providing resource facilitation shall specialize in providing services to individuals with a brain injury and their families;(b) Voluntary training for service providers in the appropriate provision of services to individuals with a brain injury;(c) Followup contact to provide information on brain injuries for individuals on the brain injury registry established in the Brain Injury Registry Act;(d) Activities to promote public awareness of brain injury and prevention methods;(e) Supporting research in the field of brain injury;(f) Providing and monitoring quality improvement processes with standards of care among brain injury service providers; and(g) Collecting data and evaluating how the needs of individuals with a brain injury and their families are being met in this state.(3) Administration costs of the program shall not be more than ten percent of the total expenditures of the program.(4) Data collection and evaluation conducted pursuant to this section shall not be a burden or unnecessary hardship to individuals with a brain injury or service providers.(5) Nothing in this section shall require a professional, provider, caregiver, or individual to receive training as a condition of receiving or providing nonmedical services to individuals with a brain injury.Source  Laws 2019, LB481,  5;  Laws 2022, LB971,  4.   Effective Date: July 21, 2022  Cross References  Brain Injury Registry Act, see section 81-653.
71-3706.  Legislative intent.It is the intent of the Legislature to appropriate five hundred thousand dollars from the Nebraska Health Care Cash Fund annually beginning in fiscal year 2020-21 to the Brain Injury Assistance Program for purposes of carrying out the Brain Injury Assistance Act.Source  Laws 2019, LB481,  6;  Laws 2022, LB971,  5.   Effective Date: July 21, 2022  
71-371.  Transferred to section 38-1055.
71-372.  Transferred to section 38-1056.
71-374.  Transferred to section 38-1057.
71-3801.  Transferred to section 71-1,206.
71-3802.  Transferred to section 71-1,207.
71-3806.  Transferred to section 71-1,208.
71-3807.  Transferred to section 71-1,209.
71-3808.  Transferred to section 71-1,210.
71-3810.  Transferred to section 71-1,211.
71-3811.  Transferred to section 71-1,212.
71-3813.  Transferred to section 71-1,213.
71-3814.  Transferred to section 71-1,214.
71-3817.  Transferred to section 71-1,215.
71-3818.  Transferred to section 71-1,216.
71-3819.  Transferred to section 71-1,217.
71-3825.  Transferred to section 71-1,218.
71-3827.  Transferred to section 71-1,219.
71-3828.  Transferred to section 71-1,220.
71-3829.  Transferred to section 71-1,221.
71-3832.  Transferred to section 71-1,222.
71-3833.  Transferred to section 71-1,223.
71-3834.  Transferred to section 71-1,224.
71-3835.  Transferred to section 71-1,225.
71-3836.  Transferred to section 71-1,226.
71-385.01.  Transferred to section 38-1059.
71-385.02.  Transferred to section 38-1060.
71-385.  Transferred to section 38-1058.
71-386.  Transferred to section 38-1061.
71-387.  Transferred to section 38-1062.
71-388.  Transferred to section 38-1063.
71-389.  Transferred to section 38-1064.
71-390.  Transferred to section 38-1065.
71-3901.  Act, how cited.Sections 71-3901 to 71-3909 shall be known and may be cited as the Indoor Tanning Facility Act.Source Laws 2014, LB132,  1.
71-3902.  Terms, defined.For purposes of the Indoor Tanning Facility Act:(1) Board means the Board of Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art;(2) Department means the Division of Public Health of the Department of Health and Human Services;(3) Operator means a person designated by the tanning facility owner or tanning equipment lessee to operate, or to assist and instruct in the operation and use of, the tanning facility or tanning equipment;(4) Tanning equipment means any device that emits electromagnetic radiation with wavelengths in the air between two hundred nanometers and four hundred nanometers and that is used for tanning of the skin. Tanning equipment includes, but is not limited to, a sunlamp, tanning booth, or tanning bed; and(5) Tanning facility means a location, place, area, structure, or business that provides access to tanning equipment. Tanning facility includes, but is not limited to, any tanning business, salon, health club, apartment, or condominium, which has tanning equipment that is made available for public or commercial use, regardless of whether a fee is charged for access to the tanning equipment.Source Laws 2014, LB132,  2.
71-3903.  Legislative intent.It is the intent of the Legislature that the Indoor Tanning Facility Act be implemented and enforced in a manner that ensures equal treatment of all tanning facilities regardless of the type of business or facility or number of pieces of tanning equipment at the tanning facility.Source Laws 2014, LB132,  3.
71-3904.  Applicability of act.The Indoor Tanning Facility Act does not apply to:(1) A physician licensed under the Uniform Credentialing Act who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emits ultraviolet radiation; or(2) Any individual who owns tanning equipment exclusively for personal, noncommercial use.Source Laws 2014, LB132,  4.Cross References  Uniform Credentialing Act, see section 38-101.
71-3905.  Operator, owner, or lessee; prohibited acts; signed statement required; when; consent; proof of age; duties.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.Source Laws 2014, LB132,  5.
71-3906.  Operator, owner, or lessee; civil penalty.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.Source Laws 2014, LB132,  6.
71-3907.  Operator, owner, or lessee; post warning sign; information.(1) An operator, an owner of a tanning facility, or a lessee of a tanning facility shall post a warning sign in a conspicuous location in the tanning facility where it is readily visible by any person entering the tanning facility. The warning sign shall have black letters which are at least one-fourth inch in height.(2) The warning sign shall include the following information:DANGER  Ultraviolet RadiationFollow instructions.Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injuries and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer.WEAR PROTECTIVE EYEWEAR  Failure to do so may result in severe burns or long-term injury to eyes.Medicines or cosmetics can increase your sensitivity to ultraviolet radiation. Consult your physician before using sunlamps if you are using medication or have a history of skin problems or believe yourself to be especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from the use of tanning equipment.It is unlawful for a tanning facility to allow a person under sixteen years of age to use tanning equipment without being accompanied by the person's parent or legal guardian.Any person may report a violation of the Indoor Tanning Facility Act to the Department of Health and Human Services.Source Laws 2014, LB132,  7.
71-3908.  Operator, owner, or lessee; ensure compliance.An operator, an owner of a tanning facility, or a lessee of a tanning facility shall ensure that the tanning facility complies with all applicable federal laws and regulations and the Indoor Tanning Facility Act.Source Laws 2014, LB132,  8.
71-3909.  Complaint; department; powers.Upon receipt of a complaint regarding a tanning facility, the department, with the recommendation of the board, may inspect any tanning facility during the hours of operation of the tanning facility to ensure compliance with the Indoor Tanning Facility Act.Source Laws 2014, LB132,  9.
71-394.  Transferred to section 38-1066.
71-395.  Transferred to section 38-1067.
71-396.  Transferred to section 38-1068.
71-398.  Transferred to section 38-1069.
71-399.  Transferred to section 38-1070.
71-4001.  Transactions, defined.Procuring, furnishing, donating, processing, distributing, or using human whole blood, plasma, blood products, blood derivatives, and other human tissues such as corneas, bones, or organs for the purpose of injecting, transfusing, or transplanting any of them in the human body is declared for all purposes to be the rendition of a service by every person participating therein and whether or not any remuneration is paid therefor is declared not to be a sale of such whole blood, plasma, blood products, blood derivatives, or other human tissues.Source  Laws 1967, c. 434,  1, p. 1323. 
71-4002.  Plasma donation; consent.Any individual of sound mind and eighteen years of age or more may consent to donate plasma without the permission of a parent or guardian. The consent is not subject to later disaffirmance because of minority.Source Laws 2016, LB813,  1. 
71-401.  Act, how cited.Sections 71-401 to 71-479 shall be known and may be cited as the Health Care Facility Licensure Act.Source  Laws 2000, LB 819,  1;  Laws 2001, LB 398,  65;  Laws 2004, LB 1005,  41;  Laws 2007, LB203,  1;  Laws 2009, LB288,  31;  Laws 2010, LB849,  19;  Laws 2010, LB999,  1;  Laws 2011, LB34,  1;  Laws 2011, LB542,  1;  Laws 2012, LB1077,  1;  Laws 2013, LB459,  1;  Laws 2015, LB37,  68;  Laws 2016, LB698,  17;  Laws 2016, LB722,  12;  Laws 2017, LB166,  19;  Laws 2018, LB731,  92;  Laws 2018, LB1034,  50;  Laws 2020, LB1052,  5;  Laws 2020, LB1053,  3;  Laws 2022, LB697,  1.   Effective Date: July 21, 2022  
71-402.  Purpose of act.The purpose of the Health Care Facility Licensure Act and the Nebraska Nursing Home Act is to protect the public health, safety, and welfare by providing for the licensure of health care facilities and health care services in the State of Nebraska and for the development, establishment, and enforcement of basic standards for such facilities and services.Source Laws 2000, LB 819,  2. Cross References  Nebraska Nursing Home Act, see section 71-6037.
71-403.  Definitions, where found.For purposes of the Health Care Facility Licensure Act, unless the context otherwise requires, the definitions found in sections 71-404 to 71-431 shall apply.Source  Laws 2000, LB 819,  3;  Laws 2007, LB203,  2;  Laws 2010, LB849,  20;  Laws 2015, LB37,  69;  Laws 2016, LB698,  18;  Laws 2018, LB731,  93;  Laws 2018, LB1034,  51;  Laws 2020, LB1052,  6;  Laws 2020, LB1053,  4;  Laws 2022, LB697,  2.   Effective Date: July 21, 2022  
71-404.  Adult day service, defined.(1) Adult day service means a person or any legal entity which provides care and an array of social, medical, or other support services for a period of less than twenty-four consecutive hours in a community-based group program to four or more persons who require or request such services due to age or functional impairment.(2) Adult day service does not include services provided under the Developmental Disabilities Services Act or a PACE center.Source  Laws 2000, LB 819,  4;  Laws 2002, LB 1062,  39;  Laws 2020, LB1053,  5.  Cross References  Developmental Disabilities Services Act, see section 83-1201.
71-405.  Ambulatory surgical center, defined.(1) Ambulatory surgical center means a facility (a) where surgical services are provided to persons not requiring hospitalization who are discharged from such facility within twenty-three hours and fifty-nine minutes from the time of admission, (b) which meets all applicable requirements for licensure as a health clinic under the Health Care Facility Licensure Act, and (c) which has qualified for a written agreement with the Health Care Financing Administration of the United States Department of Health and Human Services or its successor to participate in medicare as an ambulatory surgical center as defined in 42 C.F.R. 416 et seq. or which receives other third-party reimbursement for such services.(2) Ambulatory surgical center does not include an office or clinic used solely by a practitioner or group of practitioners in the practice of medicine, dentistry, or podiatry.Source  Laws 2000, LB 819,  5;  Laws 2020, LB783,  2.  
71-406.  Assisted-living facility, defined.Assisted-living facility has the same meaning as in section 71-5903.Source  Laws 2000, LB 819,  6;  Laws 2018, LB439,  1.  
71-407.  Care, defined.(1) Care means the exercise of concern or responsibility for the comfort, welfare, and habilitation of persons, including a minimum amount of supervision and assistance with or the provision of personal care, activities of daily living, health maintenance activities, or other supportive services.(2) For purposes of this section:(a) Activities of daily living means transfer, ambulation, exercise, toileting, eating, self-administered medication, and similar activities;(b) Health maintenance activities means noncomplex interventions which can safely be performed according to exact directions, which do not require alteration of the standard procedure, and for which the results and resident responses are predictable; and(c) Personal care means bathing, hair care, nail care, shaving, dressing, oral care, and similar activities.Source Laws 2000, LB 819,  7. 
71-408.01.  Children's day health service, defined.(1) Children's day health service means a person or any legal entity which provides specialized care and treatment, including an array of social, medical, rehabilitation, or other support services for a period of less than twenty-four consecutive hours in a community-based group program to twenty or more persons under twenty-one years of age who require such services due to medical dependence, birth trauma, congenital anomalies, developmental disorders, or functional impairment.(2) Children's day health service does not include services provided under the Developmental Disabilities Services Act.Source Laws 2010, LB849,  21.Cross References  Developmental Disabilities Services Act, see section 83-1201.
71-408.  Center or group home for the developmentally disabled, defined.Center or group home for the developmentally disabled means a facility where shelter, food, and care, advice, counseling, diagnosis, treatment, or related services are provided for a period of more than twenty-four consecutive hours to four or more persons residing at such facility who have developmental disabilities.Source Laws 2000, LB 819,  8. 
71-409.  Critical access hospital, defined.Critical access hospital means a facility (1) with acute care inpatient beds where care or treatment is provided on an outpatient basis or on an inpatient basis to persons for an average period of not more than ninety-six hours and emergency services are provided on a twenty-four-hour basis, (2) which has formal agreements with at least one hospital and other appropriate providers for services such as patient referral and transfer, communications systems, provision of emergency and nonemergency transportation, and backup medical and emergency services, and (3) which is located in a rural area. For purposes of this section, rural area means a county with a population of less than one hundred thousand residents. A facility licensed as a critical access hospital shall have no more than twenty-five acute care inpatient beds.Source  Laws 2000, LB 819,  9;  Laws 2004, LB 1005,  42;  Laws 2005, LB 664,  1;  Laws 2008, LB797,  5. 
71-410.  Department, defined.Department means the Division of Public Health of the Department of Health and Human Services.Source  Laws 2000, LB 819,  10;  Laws 2007, LB296,  369. 
71-4101.  Act, how cited.Sections 71-4101 to 71-4104 shall be known and may be cited as the Down Syndrome Diagnosis Information and Support Act.Source Laws 2016, LB891,  1. 
71-4102.  Terms, defined.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.Source Laws 2016, LB891,  2. Cross References  Uniform Credentialing Act, see section 38-101.
71-4103.  Information support sheet.A health care practitioner who provides prenatal or postnatal care, who administers or requests administration of a prenatal or postnatal screening or diagnostic test that detects Down syndrome, and who receives a test result from such test that indicates a high likelihood or the definite presence of Down syndrome shall deliver to the parents the information support sheet provided by the department under section 71-4104.Source Laws 2016, LB891,  3. 
71-4104.  Department; duties; Down syndrome organization; include information on website.(1) The department shall make the following information available:(a) Up-to-date information about Down syndrome that has been reviewed by medical experts and Down syndrome organizations. The information shall be provided in a written format and shall include the following:(i) A clinical course description, including possible physical, developmental, educational, and psychosocial outcomes;(ii) Treatment and therapy options; and(iii) Life expectancy; and(b) Contact information for Down syndrome organizations that are nonprofit and that provide information and support services for parents, including first-call programs and information hotlines specific to Down syndrome, resource centers or clearinghouses, and other education and support programs for Down syndrome.(2) The department shall post the information required in subsection (1) of this section on its website and shall include an information support sheet to be delivered by health care practitioners to parents as prescribed in section 71-4103.(3) The department shall ensure that the information required in subsection (1) of this section is culturally and linguistically appropriate for parents.(4) A Down syndrome organization may request that the department include the organization's informational material and contact information on the website. The department may add the information to the website upon request.Source Laws 2016, LB891,  4. 
71-411.  Director, defined.Director means the Director of Public Health of the Division of Public Health.Source  Laws 2000, LB 819,  11;  Laws 2007, LB296,  370. 
71-412.  General acute hospital, defined.General acute hospital means a hospital with a duly constituted governing body where medical, nursing, surgical, anesthesia, laboratory, diagnostic radiology, pharmacy, and dietary services are provided on an inpatient or outpatient basis by the organized medical staff of such hospital.Source Laws 2000, LB 819,  12. 
71-413.  Health care facility, defined.Health care facility means an ambulatory surgical center, an assisted-living facility, a center or group home for the developmentally disabled, a critical access hospital, a general acute hospital, a health clinic, a hospital, an intermediate care facility, an intermediate care facility for persons with developmental disabilities, a long-term care hospital, a mental health substance use treatment center, a nursing facility, a PACE center, a pharmacy, a psychiatric or mental hospital, a public health clinic, a rehabilitation hospital, or a skilled nursing facility.Source  Laws 2000, LB 819,  13;  Laws 2013, LB23,  26;  Laws 2018, LB1034,  52;  Laws 2020, LB1053,  6.  
71-414.  Health care practitioner facility, defined.Health care practitioner facility means the residence, office, or clinic of a practitioner or group of practitioners credentialed under the Uniform Credentialing Act or any distinct part of such residence, office, or clinic.Source  Laws 2000, LB 819,  14;  Laws 2007, LB463,  1179. Cross References  Uniform Credentialing Act, see section 38-101.
71-415.  Health care service, defined.Health care service means an adult day service, a children's day health service, a home health agency, a hospice or hospice service, a PACE center, or a respite care service. Health care service does not include an in-home personal services agency as defined in section 71-6501.Source  Laws 2000, LB 819,  15;  Laws 2007, LB236,  43;  Laws 2010, LB849,  22;  Laws 2020, LB1053,  7.  
71-416.  Health clinic, defined.(1) Health clinic means a facility where advice, counseling, diagnosis, treatment, surgery, care, or services relating to the preservation or maintenance of health are provided on an outpatient basis for a period of less than twenty-four consecutive hours to persons not residing or confined at such facility. Health clinic includes, but is not limited to, an ambulatory surgical center or a public health clinic.(2) Health clinic does not include (a) a health care practitioner facility (i) unless such facility is an ambulatory surgical center, (ii) unless ten or more abortions, as defined in subdivision (1) of section 28-326, are performed during any one calendar week at such facility, or (iii) unless hemodialysis or labor and delivery services are provided at such facility, (b) a facility which provides only routine health screenings, health education, or immunizations, or (c) a PACE center.(3) For purposes of this section:(a) Public health clinic means the department, any county, city-county, or multicounty health department, or any private not-for-profit family planning clinic licensed as a health clinic;(b) Routine health screenings means the collection of health data through the administration of a screening tool designed for a specific health problem, evaluation and comparison of results to referral criteria, and referral to appropriate sources of care, if indicated; and(c) Screening tool means a simple interview or testing procedure to collect basic information on health status.Source  Laws 2000, LB 819,  16;  Laws 2020, LB1053,  8.  
71-417.  Home health agency, defined.(1) Home health agency means a person or any legal entity which provides skilled nursing care or a minimum of one other therapeutic service as defined by the department on a full-time, part-time, or intermittent basis to persons in a place of temporary or permanent residence used as the person's home.(2) Home health agency does not include a PACE center.Source  Laws 2000, LB 819,  17;  Laws 2020, LB1053,  9.  
71-418.  Hospice or hospice service, defined.Hospice or hospice service means a person or any legal entity which provides home care, palliative care, or other supportive services to terminally ill persons and their families.Source Laws 2000, LB 819,  18. 
71-419.01.  Hospital pharmacy, defined.Hospital pharmacy means each facility licensed as a hospital in which the compounding, preparation for administration, or dispensing of drugs or devices pursuant to a chart order occurs for patients within the confines of the hospital with oversight by a pharmacist in charge.Source Laws 2015, LB37,  70. 
71-419.  Hospital, defined.(1) Hospital means a facility where diagnosis, treatment, medical care, obstetrical care, nursing care, or related services are provided on an outpatient basis or on an inpatient basis for a period of more than twenty-four consecutive hours to persons who have an illness, injury, or deformity or to aged or infirm persons requiring or receiving convalescent care.(2) Hospital includes a facility or part of a facility which provides space for a general acute hospital, a rehabilitation hospital, a long-term care hospital, a critical access hospital, or a psychiatric or mental hospital.(3) Hospital does not include a health care practitioner facility in which persons do not receive care or treatment for a period of more than twenty-four consecutive hours.Source Laws 2000, LB 819,  19. 
71-420.  Intermediate care facility, defined.Intermediate care facility means a facility where shelter, food, and nursing care or related services are provided for a period of more than twenty-four consecutive hours to persons residing at such facility who are ill, injured, or disabled and do not require hospital or skilled nursing facility care.Source Laws 2000, LB 819,  20. 
71-4201.  Act, how cited.Sections 71-4201 to 71-4210 shall be known and may be cited as the Stroke System of Care Act.Source  Laws 2016, LB722,  1;  Laws 2021, LB476,  1.  
71-4202.  Legislative findings.The Legislature finds that:(1) Stroke is the fifth leading cause of death and the leading cause of disability according to the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services;(2) Forecasting by the American Heart Association predicts stroke prevalence to increase by twenty-four and nine-tenths percent between 2010 and 2030;(3) The cost of stroke continues to increase as total hospital charges for stroke in Nebraska increased by more than fifty-four million dollars between 2001 and 2010, from fifty-four million dollars to one hundred eight million dollars, with the average charge per stroke hospitalization at thirty-one thousand dollars in 2010 according to the 2011 Nebraska Heart Disease and Stroke Prevention Program and Data Summary by the Nebraska Department of Health and Human Services;(4) The rapid identification, diagnosis, and treatment of stroke can save the lives of stroke patients and in some cases reverse neurological damage such as paralysis and speech and language impairments;(5) An effective system is needed in Nebraska communities in order to treat stroke patients in a timely manner and to improve the overall outcomes of stroke patients; and(6) Creation and enhancement of stroke systems of care provide patients the highest quality care while ensuring seamless transitions along the care continuum.Source Laws 2016, LB722,  2. 
71-4203.  Terms, defined.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.Source Laws 2016, LB722,  3. Cross References  Health Care Facility Licensure Act, see section 71-401.
71-4204.  Designation of hospitals; department; duties.The department shall designate hospitals as comprehensive stroke centers, thrombectomy-capable stroke centers, primary stroke centers, or acute stroke-ready hospitals based on certification from the American Heart Association, the Joint Commission on Accreditation of Healthcare Organizations, or another nationally recognized, guidelines-based organization that provides certification for stroke care, as such certification existed on July 19, 2018. The department shall compile and maintain a list of such hospitals and post the list on the departments website. Before June 1 of each year, the department shall send the list to the physician medical director of each emergency medical service licensed pursuant to the Emergency Medical Services Practice Act.Source  Laws 2016, LB722,  4;  Laws 2018, LB1034,  66.  Cross References  Emergency Medical Services Practice Act, see section 38-1201.
71-4205.  Coordinating stroke care agreement; contents.A hospital that is designated as a comprehensive stroke center, a thrombectomy-capable stroke center, or a primary stroke center may enter into a coordinating stroke care agreement with an acute stroke-ready hospital to provide appropriate access to care for acute stroke patients. The agreement shall be in writing and shall include, at a minimum:(1) A transfer agreement for the transport and acceptance of any stroke patient seen by the acute stroke-ready hospital for stroke treatment therapies which the acute stroke-ready hospital is not capable of providing; and(2) Communication criteria and protocol with the acute stroke-ready hospital.Source  Laws 2016, LB722,  5;  Laws 2018, LB1034,  67.  
71-4206.  Plan for triage and transfer of acute stroke patients.Beginning on January 1, 2017, a hospital that does not have certification described under section 71-4204 shall have a predetermined plan for the triage and transfer of acute stroke patients and shall file the plan annually with the department.Source Laws 2016, LB722,  6. 
71-4207.  Stroke triage assessment tool; post on website.The department shall adopt and distribute a nationally recognized, standardized stroke triage assessment tool. The department shall post the stroke triage assessment tool on the department's website and provide a copy of the assessment tool to each emergency medical service licensed pursuant to the Emergency Medical Services Practice Act.Source Laws 2016, LB722,  7. Cross References  Emergency Medical Services Practice Act, see section 38-1201.
71-4208.  Emergency medical service; use of stroke triage assessment tool; establish protocols.(1) Beginning on January 1, 2017, an emergency medical service licensed pursuant to the Emergency Medical Services Practice Act shall use a stroke triage assessment tool that is substantially similar to the stroke triage assessment tool adopted by the department under section 71-4207.(2) Beginning on January 1, 2017, a licensed emergency medical service shall establish pre-hospital-care protocols related to the assessment, treatment, and transport of a stroke patient by the emergency medical service.Source Laws 2016, LB722,  8. Cross References  Emergency Medical Services Practice Act, see section 38-1201.
71-4209.  Stroke system of care task force; duties.(1) The department shall establish a stroke system of care task force to address matters of triage, treatment, and transport of possible acute stroke patients. The task force shall include representation from the department, including a program created by the department to address chronic disease prevention and control issues including cardiovascular health, the Emergency Medical Services Program created by the department, and the Office of Rural Health, the American Stroke Association, the Nebraska State Stroke Association, hospitals designated as comprehensive stroke centers under the Stroke System of Care Act, hospitals designated as primary stroke centers under the act, hospitals designated as thrombectomy-capable stroke centers under the act, rural hospitals, physicians, and emergency medical services licensed pursuant to the Emergency Medical Services Practice Act.(2) The task force shall provide advice and recommendations to the department regarding the implementation of the Stroke System of Care Act. The task force shall focus on serving both rural and urban areas. The task force shall provide advice regarding protocols for the assessment, stabilization, and appropriate routing of stroke patients by emergency medical services and for coordination and communication between hospitals, comprehensive stroke centers, primary stroke centers, and other support services necessary to assure all residents of Nebraska have access to effective and efficient stroke care.(3) The task force shall recommend eligible essential health care services for acute stroke care provided through telehealth as defined in section 71-8503.Source  Laws 2016, LB722,  9;  Laws 2018, LB1034,  68.  Cross References  Emergency Medical Services Practice Act, see section 38-1201.
71-421.  Intermediate care facility for persons with developmental disabilities, defined.Intermediate care facility for persons with developmental disabilities means a facility where shelter, food, and training or habilitation services, advice, counseling, diagnosis, treatment, care, nursing care, or related services are provided for a period of more than twenty-four consecutive hours to four or more persons residing at such facility who have a developmental disability.Source  Laws 2000, LB 819,  21;  Laws 2013, LB23,  27. 
71-4210.  Statewide stroke data registry; data collection and release; powers and duties.(1) The department in conjunction with the stroke system of care task force shall establish and implement an improvement plan for a comprehensive stroke system for stroke response and treatment. The department shall:(a) Maintain a statewide stroke data registry that utilizes the American Heart Association's Get with the Guidelines stroke data set or a data tool with equivalent data measures and with confidentiality standards consistent with federal and state law and other health information and data collection, storage, and sharing requirements of the department;(b) Require comprehensive stroke centers, thrombectomy-capable stroke centers, and primary stroke centers, and encourage other hospitals and emergency medical services, to report data consistent with nationally recognized guidelines on the treatment of individuals with a suspected stroke and transient ischemic attack within the state;(c) Encourage sharing of information and data among health care providers on ways to improve the quality of care for stroke patients within the state; and(d) Facilitate the communication and analysis of health information and data among health care professionals who provide care for stroke patients.(2) The department shall establish a data oversight process for stroke response and treatment. The department shall provide for (a) the analysis of data generated by the stroke registry on stroke response and treatment and (b) the identification of potential interventions to improve stroke care in geographic areas or regions of the state.(3) All data and information developed or collected pursuant to the Stroke System of Care Act registry and the receipt and release of data from the Stroke System of Care Act registry is subject to and shall comply with sections 81-663 to 81-675. For purposes of the Stroke System of Care Act registry, data may be released as Class I data, Class II data, Class III data, or Class IV data as classified in section 81-667.Source Laws 2021, LB476,  2. 
71-422.01.  Memory care endorsement, defined.Memory care endorsement means an endorsement for the license of an assisted-living facility providing care for persons with cognitive impairments or dementia which meets the requirements for the endorsement under section 71-472.Source Laws 2016, LB698,  19. 
71-422.02.  MAR, defined.MAR means a medication administration record kept by an assisted-living facility, a nursing facility, or a skilled nursing facility.Source Laws 2020, LB1052,  7. 
71-422.  Long-term care hospital, defined.Long-term care hospital means a hospital or any distinct part of a hospital that provides the care and services of an intermediate care facility, a nursing facility, or a skilled nursing facility.Source Laws 2000, LB 819,  22. 
71-423.01.  Mental illness, defined.Mental illness means a wide range of mental health disorders that affect mood, thinking, and behavior and can result in significantly impaired judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for health, safety, or recovery of the individual or for the safety of others.Source Laws 2018, LB1034,  54. 
71-423.  Mental health substance use treatment center, defined.Mental health substance use treatment center means a facility where shelter, food, and counseling, supervision, diagnosis, treatment, care, rehabilitation, assessment, or related services professionally directed are provided for a period of more than twenty-four consecutive hours to persons residing at such facility who have a mental illness or substance use disorder or both, with the intention of reducing or ameliorating the disorder or disorders or the effects of the disorder or disorders.Source  Laws 2000, LB 819,  23;  Laws 2018, LB1034,  53.  
71-424.01.  PACE center, defined.PACE center means a facility from which a PACE provider offers services within the scope of a PACE program pursuant to a written agreement between the provider, the United States Department of Health and Human Services, and the Nebraska Department of Health and Human Services.Source Laws 2020, LB1053,  10. 
71-424.02.  PACE program, defined.PACE program means a program of all-inclusive care for elderly under 42 U.S.C. 13964, as such section existed on January 1, 2020.Source Laws 2020, LB1053,  11. 
71-424.03.  PACE provider, defined.PACE provider means provider of services pursuant to a PACE program meeting the requirements of 42 U.S.C. 1396u-4(a)(3), as such section existed on January 1, 2020.Source Laws 2020, LB1053,  12. 
71-424.  Nursing facility, defined.Nursing facility means a facility where medical care, nursing care, rehabilitation, or related services and associated treatment are provided for a period of more than twenty-four consecutive hours to persons residing at such facility who are ill, injured, or disabled.Source Laws 2000, LB 819,  24. 
71-425.  Pharmacy, defined.Pharmacy means a facility advertised as a pharmacy, drug store, hospital pharmacy, dispensary, remote dispensing pharmacy, or any combination of such titles where drugs or devices are dispensed as defined in the Pharmacy Practice Act.Source  Laws 2000, LB 819,  25;  Laws 2001, LB 398,  66;  Laws 2007, LB463,  1180;  Laws 2018, LB731,  94.  Cross References  Pharmacy Practice Act, see section 38-2801.
71-426.  Psychiatric or mental hospital, defined.Psychiatric or mental hospital means a hospital that provides psychiatric services on an inpatient or outpatient basis to persons who have a mental disease, disorder, or disability.Source Laws 2000, LB 819,  26. 
71-427.01.  Representative peer review organization, defined.Representative peer review organization means a utilization and quality control peer review organization as defined in section 1152 of the Social Security Act, 42 U.S.C. 1320c-1, as such section existed on September 1, 2007.Source Laws 2007, LB203,  3. 
71-427.02.  Remote dispensing, defined.Remote dispensing means dispensing that occurs using remote supervision in compliance with section 71-436.02.Source Laws 2018, LB731,  95. 
71-427.03.  Remote dispensing pharmacy, defined.Remote dispensing pharmacy means a pharmacy staffed by certified pharmacy technicians in Nebraska in which remote dispensing may occur.Source Laws 2018, LB731,  96. 
71-427.04.  Supervising pharmacy, defined.Supervising pharmacy means a pharmacy licensed and located in Nebraska that owns and operates a licensed remote dispensing pharmacy.Source Laws 2018, LB731,  97. 
71-427.  Rehabilitation hospital, defined.Rehabilitation hospital means a hospital that provides an integrated program of medical and other services for the rehabilitation of disabled persons.Source Laws 2000, LB 819,  27. 
71-428.01.  Rural emergency hospital, defined.Rural emergency hospital means a facility that:(1) Meets the eligibility requirements described in section 71-477;(2) Provides rural emergency hospital services;(3) Maintains an emergency department to provide rural emergency hospital services in the facility twenty-four hours per day that is staffed twenty-four hours per day and seven days per week, with a physician, nurse practitioner, clinical nurse specialist, or physician assistant;(4) Has a transfer agreement in effect with a comprehensive level trauma center or an advanced level trauma center as defined in the Statewide Trauma System Act and any other transfer agreement necessary for patient care; and(5) Meets such other requirements as the department finds necessary in the interest of the health and safety of individuals who are provided rural emergency hospital services and to implement licensure under the Health Care Facility Licensure Act that satisfies requirements for reimbursement by federal health care programs as a rural emergency hospital.Source  Laws 2022, LB697,  3.   Effective Date: July 21, 2022  Cross References  Statewide Trauma System Act, see section 71-8201.
71-428.02.  Rural emergency hospital services, defined.Rural emergency hospital services means the following services, provided by a rural emergency hospital, that do not require in excess of an annual per-patient average of twenty-four hours in such rural emergency hospital:(1) Emergency department services and observation care; and(2) At the election of the rural emergency hospital, for services provided on an outpatient basis, other medical and health services as specified in regulations adopted by the United States Secretary of Health and Human Services and authorized by the Nebraska Department of Health and Human Services.Source  Laws 2022, LB697,  4.   Effective Date: July 21, 2022  
71-428.  Respite care service, defined.(1) Respite care service means a person or any legal entity that provides short-term temporary care on an intermittent basis to persons with special needs when the person's primary caregiver is unavailable to provide such care.(2) Respite care service does not include:(a) A person or any legal entity which is licensed under the Health Care Facility Licensure Act and which provides respite care services at the licensed location;(b) A person or legal entity which is licensed to provide child care to thirteen or more children under the Child Care Licensing Act or which is licensed as a residential child-caring agency under the Children's Residential Facilities and Placing Licensure Act;(c) An agency that recruits, screens, or trains a person to provide respite care;(d) An agency that matches a respite care service or other providers of respite care with a person with special needs, or refers a respite care service or other providers of respite care to a person with special needs, unless the agency receives compensation for such matching or referral from the service or provider or from or on behalf of the person with special needs;(e) A person who provides respite care to fewer than eight unrelated persons in any seven-day period in his or her home or in the home of the recipient of the respite care; or(f) A nonprofit agency that provides group respite care for no more than eight hours in any seven-day period.Source  Laws 2000, LB 819,  28;  Laws 2002, LB 1062,  40;  Laws 2004, LB 1005,  43;  Laws 2005, LB 2,  1;  Laws 2013, LB265,  39. Cross References   Child Care Licensing Act, see section 71-1908.  Children's Residential Facilities and Placing Licensure Act, see section 71-1924. 
71-429.  Skilled nursing facility, defined.Skilled nursing facility means a facility where medical care, skilled nursing care, rehabilitation, or related services and associated treatment are provided for a period of more than twenty-four consecutive hours to persons residing at such facility who are ill, injured, or disabled.Source Laws 2000, LB 819,  29. 
71-430.  Substance use disorder, defined.Substance use disorder means a medical illness caused by repeat misuse of a substance or substances, characterized by clinically significant impairments in health, social function, and impaired control over substance use and diagnosed through assessing cognitive, behavioral, and psychological symptoms. Substance use disorders range from mild to severe and from temporary to chronic.Source  Laws 2000, LB 819,  30;  Laws 2018, LB1034,  55.  
71-4301.  Transferred to section 81-15,264.
71-4302.  Transferred to section 81-15,265.
71-4303.  Transferred to section 81-15,266.
71-4304.  Transferred to section 81-15,267.
71-4305.  Transferred to section 81-15,268.
71-4306.  Transferred to section 81-15,269.
71-4307.  Transferred to section 81-15,270.
71-431.  Treatment, defined.Treatment means a therapy, modality, product, device, or other intervention used to maintain well being or to diagnose, assess, alleviate, or prevent a disability, injury, illness, disease, or other similar condition.Source Laws 2000, LB 819,  31. 
71-432.  Health care facility; health care service; licensure required.A health care facility or health care service shall not be established, operated, or maintained in this state without first obtaining a license issued by the department under the Health Care Facility Licensure Act. No facility or service shall hold itself out as a health care facility or health care service or as providing health care services unless licensed under the act. The department shall issue a license to health care facilities and health care services that satisfy the requirements for licensure under the act.Source  Laws 2000, LB 819,  32;  Laws 2002, LB 1062,  41.  
71-433.  Health care facility; health care service; license; application.(1) An applicant for an initial or renewal license to operate a health care facility or health care service required to be licensed under the Health Care Facility Licensure Act shall file a written application with the department. The application shall be accompanied by the license fee set pursuant to section 71-434 and shall set forth the full name and address of the facility or service to be licensed, the full name and address of the owner of such facility or service, the names of all persons in control of the facility or service, and additional information as required by the department, including affirmative evidence of the applicant's ability to comply with rules and regulations adopted and promulgated under the act. The application shall include the applicant's social security number if the applicant is an individual. The social security number shall not be public record and may only be used for administrative purposes.(2) The application shall be signed by (a) the owner, if the applicant is an individual or partnership, (b) two of its members, if the applicant is a limited liability company, (c) two of its officers, if the applicant is a corporation, or (d) the head of the governmental unit having jurisdiction over the facility or service to be licensed, if the applicant is a governmental unit.Source Laws 2000, LB 819,  33. 
71-434.  License fees.(1) Licensure activities under the Health Care Facility Licensure Act shall be funded by license fees. An applicant for an initial or renewal license under section 71-433 shall pay a license fee as provided in this section.(2) License fees shall include a base fee of fifty dollars and an additional fee based on:(a) Variable costs to the department of inspections, architectural plan reviews, and receiving and investigating complaints, including staff salaries, travel, and other similar direct and indirect costs;(b) The number of beds available to persons residing at the health care facility;(c) The program capacity of the health care facility or health care service; or(d) Other relevant factors as determined by the department.Such additional fee shall be no more than two thousand six hundred dollars for a hospital or a health clinic operating as an ambulatory surgical center, no more than two thousand dollars for an assisted-living facility, a health clinic providing hemodialysis or labor and delivery services, an intermediate care facility, an intermediate care facility for persons with developmental disabilities, a nursing facility, or a skilled nursing facility, no more than one thousand dollars for home health agencies, hospice services, and centers for the developmentally disabled, and no more than seven hundred dollars for all other health care facilities and health care services.(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 the fee provided in subsection (1) of this section 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 collect a fee from any applicant or licensee requesting an informal conference with a representative peer review organization under section 71-452 to cover all costs and expenses associated with such conference.(6) The department shall adopt and promulgate rules and regulations for the establishment of license fees under this section.(7) 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 health care facilities and health care services.Source  Laws 2000, LB 819,  34;  Laws 2002, LB 1062,  42;  Laws 2003, LB 415,  1;  Laws 2005, LB 246,  1;  Laws 2007, LB203,  4;  Laws 2007, LB296,  371;  Laws 2013, LB23,  28. 
71-435.  License; duration; issuance.(1) Except as otherwise provided in the Health Care Facility Licensure Act, licenses issued pursuant to the act shall expire one year after the date of issuance or on uniform annual dates established by the department.(2) Licenses shall be issued only for the premises and persons named in the application and shall not be transferable or assignable. Licenses, license record information, and inspection reports shall be made available by the licensee for public inspection upon request and may be displayed in a conspicuous place on the licensed premises.Source Laws 2000, LB 819,  35. 
71-436.01.  License; designation of services.A health care facility applying for a license as a mental health substance use treatment center shall designate whether the license is to be issued to provide services for mental health disorders, for substance use disorders, or for both mental health and substance use disorders. A license issued to provide services for mental health disorders permits the facility to treat persons whose primary need is treatment for mental health disorders. A license issued to provide services for substance use disorders permits the facility to treat persons whose primary need is treatment for substance use disorders. A license issued to provide services for both mental health and substance use disorders permits the facility to treat persons with mental health disorders, substance use disorders, or both mental health disorders and substance use disorders.Source Laws 2018, LB1034,  56. 
71-436.02.  Remote dispensing pharmacy license; requirements.(1) A pharmacy shall obtain a remote dispensing pharmacy license under the Health Care Facility Licensure Act prior to engaging in remote dispensing. A pharmacy shall not be licensed as both a remote dispensing pharmacy and a pharmacy. At the time of initial licensure as a remote dispensing pharmacy, the remote dispensing pharmacy must be located ten driving miles or more from the nearest pharmacy. The remote dispensing pharmacy shall operate in accordance with this section.(2) If the remote dispensing pharmacy employs a certified pharmacy technician to dispense prescription drugs, remote dispensing shall occur under remote supervision via a real-time audiovisual communication system by a licensed pharmacist employed by a supervising pharmacy. The licensed pharmacist must be licensed and located in Nebraska. If the real-time audiovisual communication system between the remote dispensing pharmacy and supervising pharmacy is not working, no remote dispensing can be completed at the remote dispensing pharmacy until the real-time audiovisual communication system is restored and working properly.(3) The remote dispensing pharmacy must have the same pharmacist in charge as the supervising pharmacy. The pharmacist in charge must ensure that a pharmacist is onsite at the remote dispensing pharmacy at a minimum of once each calendar month. The pharmacist in charge in the supervising pharmacy may delegate tasks to another pharmacist who is employed by the supervising pharmacy, such as supervision of the certified pharmacy technician working remotely in the remote dispensing pharmacy, oversight of inventory, patient counseling, and other duties as assigned. The pharmacist supervising the certified pharmacy technician remotely is responsible for the drug utilization review, the final verification, and the supervision of the remote dispensing at the remote dispensing pharmacy.(4) In order for remote dispensing to occur in a remote dispensing pharmacy:(a) When a prescription is being dispensed to a patient or caregiver, the supervising pharmacist must attempt to counsel on all new prescriptions dispensed from the remote dispensing pharmacy; and(b) The real-time audiovisual communication system must be working properly.Source Laws 2018, LB731,  98. 
71-436.  License; multiple services or locations; effect.(1) Except as otherwise provided in section 71-470, an applicant for licensure under the Health Care Facility Licensure Act shall obtain a separate license for each type of health care facility or health care service that the applicant seeks to operate. A single license may be issued for (a) a facility or service operating in separate buildings or structures on the same premises under one management, (b) an inpatient facility that provides services on an outpatient basis at multiple locations, or (c) a health clinic operating satellite clinics on an intermittent basis within a portion of the total geographic area served by such health clinic and sharing administration with such clinics. A single license shall be issued for a PACE center which meets the requirements for licensure established by the department pursuant to section 71-457.(2) The department may issue one license document that indicates the various types of health care facilities or health care services for which the entity is licensed. The department may inspect any of the locations that are covered by the license. If an entity is licensed in multiple types of licensure for one location, the department shall conduct all required inspections simultaneously for all types of licensure when requested by the entity.Source  Laws 2000, LB 819,  36;  Laws 2002, LB 1062,  43;  Laws 2015, LB37,  72;  Laws 2020, LB1053,  13.  
71-437.  Provisional license; when issued.A provisional license may be issued to a health care facility or health care service that substantially complies with requirements for licensure under the Health Care Facility Licensure Act and the rules and regulations adopted and promulgated under the act if the failure to fully comply with such requirements does not pose an imminent danger of death or physical harm to the persons residing in or served by such facility or service. Such provisional license shall be valid for a period of up to one year, shall not be renewed, and may be converted to a regular license upon a showing that the facility or service fully complies with the requirements for licensure under the act and rules and regulations.Source Laws 2000, LB 819,  37. 
71-438.  Accreditation or certification; when accepted.(1) The department may accept accreditation or certification by a recognized independent accreditation body or public agency, which has standards that are at least as stringent as those of the State of Nebraska, as evidence that the health care facility or health care service complies with the rules, regulations, and standards adopted and promulgated under the Health Care Facility Licensure Act.(2) A facility or service licensed pursuant to an accreditation or certification accepted by the department shall notify the department if such accreditation or certification has been sanctioned, modified, terminated, or withdrawn. After giving such notice, the facility or service may continue to operate unless the department determines that the facility or service no longer meets the qualifications for licensure under the act.Source  Laws 2000, LB 819,  38;  Laws 2002, LB 1062,  44.  
71-439.  Design standards for health care facilities; adoption by Legislature; waiver of rule, regulation, or standard; when; procedure.(1)(a) For purposes of construction relating to ambulatory surgical centers, critical access hospitals, general acute hospitals, and hospitals, the Legislature adopts the 2018 Guidelines for Design and Construction of Hospitals, the 2018 Guidelines for Design and Construction of Outpatient Facilities, and the 2018 Guidelines for Design and Construction of Residential Health, Care, and Support Facilities published by the Facility Guidelines Institute.(b) For new construction of assisted-living facilities, long-term care hospitals, nursing facilities, and skilled nursing facilities on or after September 1, 2019, the Legislature adopts the 2018 Guidelines for Design and Construction of Hospitals, the 2018 Guidelines for Design and Construction of Outpatient Facilities, and the 2018 Guidelines for Design and Construction of Residential Health, Care, and Support Facilities published by the Facility Guidelines Institute, except that the Legislature adopts only the definition of new construction found in section 1.1-2.1 and excludes the part of the definition found in sections 1.1-2.2 and 1.1-2.3 and any related provisions of such guidelines.(2) The department may waive any rule, regulation, or standard adopted and promulgated by the department relating to construction or physical plant requirements of a licensed health care facility or health care service upon proof by the licensee satisfactory to the department (a) that such waiver would not unduly jeopardize the health, safety, or welfare of the persons residing in or served by the facility or service, (b) that such rule, regulation, or standard would create an unreasonable hardship for the facility or service, and (c) that such waiver would not cause the State of Nebraska to fail to comply with any applicable requirements of medicare or medicaid so as to make the state ineligible for the receipt of all funds to which it might otherwise be entitled.(3) In evaluating the issue of unreasonable hardship, the department shall consider the following:(a) The estimated cost of the modification or installation;(b) The extent and duration of the disruption of the normal use of areas used by persons residing in or served by the facility or service resulting from construction work;(c) The estimated period over which the cost would be recovered through reduced insurance premiums and increased reimbursement related to cost;(d) The availability of financing; and(e) The remaining useful life of the building.(4) Any such waiver may be granted under such terms and conditions and for such period of time as provided in rules and regulations adopted and promulgated by the department.Source  Laws 2000, LB 819,  39;  Laws 2019, LB409,  1.  
71-440.  Inspection by department; report.The department may inspect or provide for the inspection of any health care facility or health care service licensed under the Health Care Facility Licensure Act in such manner and at such times as provided in rules and regulations adopted and promulgated by the department. The department shall issue an inspection report and provide a copy of the report to the facility or service within ten working days after the completion of an inspection.Source Laws 2000, LB 819,  40. 
71-4401.  Terms, defined.For purposes of sections 71-4401 to 71-4412, unless the context otherwise requires:(1) Compendium means the Compendium of Animal Rabies Prevention and Control as published by the National Association of State Public Health Veterinarians;(2) Department means the Department of Health and Human Services;(3) Domestic animal means any dog of the species Canis familiaris, cat of the species Felis domesticus, or ferret of the species Mustela putorius furo, and cat means a cat which is a household pet;(4) Hybrid animal means any animal which is the product of the breeding of a domestic dog with a nondomestic canine species;(5) Own, unless otherwise specified, means to possess, keep, harbor, or have control of, charge of, or custody of a domestic or hybrid animal. This term does not apply to domestic or hybrid animals owned by other persons which are temporarily maintained on the premises of a veterinarian or kennel operator for a period of not more than thirty days;(6) Owner means any person possessing, keeping, harboring, or having charge or control of any domestic or hybrid animal or permitting any domestic or hybrid animal to habitually be or remain on or be lodged or fed within such person's house, yard, or premises. This term does not apply to veterinarians or kennel operators temporarily maintaining on their premises domestic or hybrid animals owned by other persons for a period of not more than thirty days;(7) Rabies control authority means county, township, city, or village health and law enforcement officials who shall enforce sections 71-4401 to 71-4412 relating to the vaccination and impoundment of domestic or hybrid animals. Such public officials are not responsible for any accident or disease of a domestic or hybrid animal resulting from the enforcement of such sections; and(8) Vaccination against rabies means the inoculation of a domestic or hybrid animal with a United States Department of Agriculture-licensed rabies vaccine administered consistent with its labeling. Such vaccination shall be performed by a veterinarian duly licensed to practice veterinary medicine in the State of Nebraska or licensed in the state where the vaccination was administered.Source   Laws 1969, c. 445,  1, p. 1484;  Laws 1987, LB 104,  1;  Laws 1996, LB 1044,  674;  Laws 2000, LB 1115,  75;  Laws 2007, LB25,  1;  Laws 2007, LB296,  585;  Laws 2019, LB61,  1.  
71-4402.02.  Hybrid animal; vaccination against rabies; required; vaccine; sales.(1) Except as provided in subsection (3) of this section, every hybrid animal in the State of Nebraska shall be vaccinated against rabies and shall be revaccinated at intervals specified by rules and regulations adopted and promulgated by the department. A young hybrid animal shall be initially vaccinated at the age specified in such rules and regulations. An unvaccinated hybrid animal acquired or moved into the State of Nebraska shall be vaccinated within thirty days after purchase or arrival unless under the age for initial vaccination.(2) The rabies vaccine used to vaccinate a hybrid animal pursuant to this section shall be sold only to licensed veterinarians.(3) An owner of a hybrid animal in this state prior to the date of development of a licensed vaccine determined scientifically to be reliable in preventing rabies in a hybrid animal shall have one year after such date to comply with this section.Source Laws 2007, LB25,  3. 
71-4402.03.  Control and prevention of rabies; rules and regulations.To protect the health, safety, and welfare of the public and to ensure, to the greatest extent possible, efficient and adequate practices, the department shall adopt and promulgate rules and regulations for the control and prevention of rabies. Such rules and regulations shall generally comply with the compendium and the recommendations of the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services. The department may consider changes in the compendium and recommendations of the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services when adopting and promulgating such rules and regulations.Source  Laws 2007, LB25,  4;  Laws 2019, LB61,  2.  
71-4402.  Vaccination against rabies; required; vaccine; sales.(1) Every domestic animal in the State of Nebraska shall be vaccinated against rabies with a licensed vaccine and revaccinated at intervals specified by rules and regulations adopted and promulgated by the department. Young domestic animals shall be initially vaccinated at the age specified in such rules and regulations. Unvaccinated domestic animals acquired or moved into the State of Nebraska shall be vaccinated within thirty days after purchase or arrival unless under the age for initial vaccination.(2) The rabies vaccine used to vaccinate domestic animals pursuant to this section shall be sold only to licensed veterinarians.Source   Laws 1969, c. 445,  2, p. 1485;  Laws 1987, LB 104,  2;  Laws 1990, LB 888,  1;  Laws 2007, LB25,  2. 
71-4403.  Veterinarian; vaccination for rabies; certificate; contents.It shall be the duty of each veterinarian, at the time of vaccinating any domestic or hybrid animal, to complete a certificate of rabies vaccination which shall include, but not be limited to, the following information:(1) The owner's name and address;(2) An adequate description of the domestic or hybrid animal, including, but not limited to, such items as the domestic or hybrid animal's breed, sex, age, name, and distinctive markings;(3) The date of vaccination;(4) The rabies vaccination tag number;(5) The type of rabies vaccine administered by dosage and number of years of effectiveness;(6) The manufacturer's serial number of the vaccine used; and(7) The date by which the next vaccination is due.Such veterinarian shall issue a tag with the certificate of vaccination.Source   Laws 1969, c. 445,  3, p. 1485;  Laws 1987, LB 104,  3;  Laws 2007, LB25,  5;  Laws 2019, LB61,  3.  
71-4404.  Vaccination for rabies; cost; payment.The cost of rabies vaccination shall be borne by the owner of the domestic or hybrid animal.Source   Laws 1969, c. 445,  4, p. 1486;  Laws 1987, LB 104,  4;  Laws 2007, LB25,  6. 
71-4405.  Vaccination; domestic animals exempt.(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.Source   Laws 1969, c. 445,  5, p. 1486;  Laws 1987, LB 104,  5;  Laws 2007, LB25,  7. 
71-4406.  Post-incident management.Any domestic animal which has bitten any person or caused an abrasion of the skin of any person shall be subjected to post-incident management as provided in rules and regulations adopted and promulgated by the department.Source   Laws 1969, c. 445,  6, p. 1486;  Laws 1987, LB 104,  6;  Laws 1989, LB 51,  1;  Laws 2007, LB25,  8;  Laws 2019, LB61,  4.  
71-4407.  Domestic or hybrid animal or livestock; postexposure management.Domestic or hybrid animals or livestock known to have been exposed to a confirmed or suspected rabid animal shall be subjected to postexposure management as provided in rules and regulations adopted and promulgated by the department.Source   Laws 1969, c. 445,  7, p. 1487;  Laws 1987, LB 104,  7;  Laws 2007, LB25,  9;  Laws 2019, LB61,  5.  
71-4408.  Rabies control authority; pounds; authorized; impoundment; notice; release; fee.(1) The rabies control authority may authorize an animal pound or pounds or may enter into a cooperative agreement with a licensed veterinarian for the establishment and operation of a pound.(2) Any dog or hybrid of the family Canidae found outside the owner's premises whose owner does not possess a valid certificate of rabies vaccination and valid rabies vaccination tag for such dog or hybrid of the family Canidae shall be impounded. The rabies control authority may require the impoundment of domestic or hybrid animals other than dogs or hybrids of the family Canidae. All impounded domestic or hybrid animals shall be given proper care, treatment, and maintenance. Each impounded domestic or hybrid animal shall be kept and maintained at the pound for a period of not less than seventy-two hours unless reclaimed earlier by the owner.(3) Notice of impoundment of all animals, including any significant marks of identification, shall be posted at the pound as public notification of impoundment. Any unvaccinated domestic or hybrid animal may be reclaimed by its owner during the period of impoundment by payment of prescribed pound fees and by complying with the rabies vaccination requirement of sections 71-4401 to 71-4412 within seventy-two hours of release. Any vaccinated domestic or hybrid animal impounded because its owner has not presented a valid certificate of rabies vaccination and a valid rabies vaccination tag for such domestic or hybrid animal may be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all impoundment fees prior to release.(4) At the expiration of impoundment, a domestic or hybrid animal may be claimed by payment of established pound fees and by compliance with the rabies vaccination requirement of sections 71-4401 to 71-4412 within seventy-two hours of release. If the domestic or hybrid animal is unclaimed at the end of five days, the authorities may dispose of the domestic or hybrid animal in accordance with applicable laws or rules and regulations.Source   Laws 1969, c. 445,  8, p. 1487;  Laws 1987, LB 104,  8;  Laws 2007, LB25,  10. 
71-4409.  Rabies control authority; enforcement of sections; duties.The rabies control authority shall enforce sections 71-4401 to 71-4412.In the event that the health and law enforcement officials of a county, township, city, or village fail to act with sufficient promptness in enforcing sections 71-4401 to 71-4412, the department may take all actions necessary for the proper administration and enforcement of such sections relating to vaccination and impoundment of domestic or hybrid animals. In such a case no authorized representatives of the department or any law enforcement officials enforcing such sections shall be responsible for any accident or disease of a domestic or hybrid animal resulting from the enforcement of such sections.Source   Laws 1969, c. 445,  9, p. 1488;  Laws 1987, LB 104,  9;  Laws 2007, LB25,  11. 
71-441.  Inspection by State Fire Marshal; fee.The department may request the State Fire Marshal to inspect any applicant for licensure or any licensee for fire safety pursuant to section 81-502. The State Fire Marshal shall assess a fee for such inspection pursuant to section 81-505.01 payable by such applicant or licensee. The State Fire Marshal may delegate such authority to make such inspections to qualified local fire prevention personnel pursuant to section 81-502.Source Laws 2000, LB 819,  41. 
71-4410.  Violation; penalty; order for seizure.The owner of any domestic or hybrid animal or any person who violates any of the provisions of sections 71-4401 to 71-4412 shall be guilty of a Class V misdemeanor. When the owner of any domestic or hybrid animal or other animal fails or refuses to comply with section 71-4406 or 71-4407, the rabies control authority shall obtain an order for seizure of such animal pursuant to Chapter 29, article 8.Source   Laws 1969, c. 445,  10, p. 1488;  Laws 1978, LB 685,  1;  Laws 1987, LB 104,  10;  Laws 2007, LB25,  12. 
71-4411.  Impoundment fees; payment.Impoundment fees shall be paid by the owner. Fees for impoundment at public facilities shall be established by the rabies control authority.Source  Laws 1969, c. 445,  11, p. 1488. 
71-4412.  Control of rabies; vaccination; enforcement; political subdivisions.In the State of Nebraska, all laws, ordinances, codes, or rules and regulations concerning the control of rabies or the vaccination of domestic or hybrid animals against rabies shall be enforced by the county, township, city, and village health and law enforcement officials or those other officers with regulatory authority as specified by the governing political subdivisions.Whenever a county, township, city, or village requires the licensure of domestic or hybrid animals, it may require that, before a license is issued for the possession or maintenance of any domestic or hybrid animal in any such county, township, city, or village, the owner or keeper of the domestic or hybrid animal shall furnish to the clerk of such political subdivision a certification that the domestic or hybrid animal has been vaccinated against rabies in accordance with sections 71-4401 to 71-4412.Source   Laws 1969, c. 445,  12, p. 1489;  Laws 1987, LB 104,  11;  Laws 2007, LB25,  13. 
71-442.  Alternative methods for assessing compliance.In addition to or in lieu of the authority to inspect for purposes of licensure and renewal, the department may adopt and promulgate rules and regulations which permit the use of alternative methods for assessing the compliance by a health care facility or health care service with the Health Care Facility Licensure Act and the rules and regulations adopted and promulgated under the act.Source Laws 2000, LB 819,  42. 
71-443.  Findings of noncompliance; review, notice; statement of compliance; procedure.If the inspection report issued under section 71-440 contains findings of noncompliance by a health care facility or health care service with any applicable provisions of the Health Care Facility Licensure Act or rules and regulations adopted under the act, the department shall review such findings within twenty working days after such inspection. If the findings are supported by the evidence, the department shall proceed pursuant to sections 71-446 to 71-455, except that if the findings indicate one or more violations that create no imminent danger of death or serious physical harm and no direct or immediate adverse relationship to the health, safety, or security of the persons residing in or served by the facility or service, the department may send a letter to the facility or service requesting a statement of compliance. The letter shall include a description of each such violation, a request that the facility or service submit a statement of compliance within ten working days, and a notice that the department may take further steps if the statement of compliance is not submitted. The statement of compliance shall indicate any steps which have been or will be taken to correct each violation and the period of time estimated to be necessary to correct each violation. If the facility or service fails to submit and implement a statement of compliance which indicates a good faith effort to correct the violations, the department may proceed pursuant to sections 71-446 to 71-455.Source Laws 2000, LB 819,  43. 
71-444.  Complaints; investigation; immunity.(1) Any person may submit a complaint to the department and request investigation of an alleged violation of the Health Care Facility Licensure Act or rules and regulations adopted and promulgated under the act. The department shall review all complaints and determine whether to conduct an investigation. In making such determination, the department may consider factors such as:(a) Whether the complaint pertains to a matter within the authority of the department to enforce;(b) Whether the circumstances indicate that a complaint is made in good faith and is not malicious, frivolous, or vexatious;(c) Whether the complaint is timely or has been delayed too long to justify present evaluation of its merit;(d) Whether the complainant may be a necessary witness if action is taken and is willing to identify himself or herself and come forward to testify if action is taken; or(e) Whether the information provided or within the knowledge of the complainant is sufficient to provide a reasonable basis to believe that a violation has occurred or to secure necessary evidence from other sources.(2) A complaint submitted to the department shall be confidential. A person submitting a complaint shall be immune from criminal or civil liability of any nature, whether direct or derivative, for submitting a complaint or for disclosure of documents, records, or other information to the department.Source Laws 2000, LB 819,  44. 
71-445.  Discrimination or retaliation prohibited; action for relief authorized.(1) A health care facility or health care service shall not discriminate or retaliate against a person residing in, served by, or employed at such facility or service who has initiated or participated in any proceeding authorized by the Health Care Facility Licensure Act or who has presented a complaint or provided information to the administrator of such facility or service or the Department of Health and Human Services. Such person may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.(2) A health care facility licensed pursuant to the Health Care Facility Licensure Act shall not discriminate or retaliate against any person who has initiated or participated in the making of a report under the Uniform Credentialing Act to the department. Such person may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.Source  Laws 2000, LB 819,  45;  Laws 2007, LB296,  372;  Laws 2016, LB750,  10.  Cross References  Uniform Credentialing Act, see section 38-101.Annotations The State has not waived its sovereign immunity for claims arising under the Health Care Facility Licensure Act. Baker-Heser v. State, 309 Neb. 979, 963 N.W.2d 59 (2021).
71-446.  License; temporary suspension or limitation; procedure; appeal.(1) If the director determines that persons receiving care or treatment at a health care facility or by a health care service are in imminent danger of death or serious physical harm, he or she may temporarily suspend or temporarily limit the license of such facility or service and may order the immediate removal of such persons and the temporary closure of the facility or service pending further action by the department. The department shall also simultaneously institute proceedings for revocation, suspension, or limitation of the license. A hearing shall be held no later than ten days after the date of such temporary suspension or temporary limitation.(2) A continuance of the hearing shall be granted by the department upon written request from the licensee. Such continuance shall not exceed thirty days. A temporary suspension or temporary limitation order by the director shall take effect when served upon the facility or service. A copy of the notice shall also be mailed to the holder of the license if the holder of such license is not actually involved in the daily operation of the facility or service. If the holder of the license is a corporation, a copy of the notice shall be sent to the corporation's registered agent.(3) A temporary suspension or temporary limitation under this section shall not exceed ninety days. If a decision is not reached within that period, the temporary suspension or temporary limitation shall expire.(4) Any person aggrieved by a decision of the department after a hearing as provided in this section may appeal under the Administrative Procedure Act.Source Laws 2000, LB 819,  46. Cross References  Administrative Procedure Act, see section 84-920.
71-447.  License; denied or refused renewal; grounds.The department may deny or refuse to renew a license under the Health Care Facility Licensure Act to any health care facility or health care service that fails to meet the requirements for licensure provided in the act or in rules and regulations adopted and promulgated under the act, including (1) failing an inspection pursuant to section 71-440, (2) failing to meet a compliance assessment standard adopted under section 71-442, (3) having had a license revoked within the two-year period preceding application, or (4) any of the grounds listed in section 71-448.Source Laws 2000, LB 819,  47. 
71-448.  License; disciplinary action; grounds.The Division of Public Health of the Department of Health and Human Services may take disciplinary action against a license issued under the Health Care Facility Licensure Act on any of the following grounds:(1) Violation of any of the provisions of the Assisted-Living Facility Act, the Health Care Facility Licensure Act, the Nebraska Nursing Home Act, or the rules and regulations adopted and promulgated under such acts;(2) Committing or permitting, aiding, or abetting the commission of any unlawful act;(3) Conduct or practices detrimental to the health or safety of a person residing in, served by, or employed at the health care facility or health care service;(4) A report from an accreditation body or public agency sanctioning, modifying, terminating, or withdrawing the accreditation or certification of the health care facility or health care service;(5) Failure to allow an agent or employee of the Department of Health and Human Services access to the health care facility or health care service for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the Department of Health and Human Services;(6) Discrimination or retaliation against a person residing in, served by, or employed at the health care facility or health care service who has submitted a complaint or information to the Department of Health and Human Services;(7) Discrimination or retaliation against a person residing in, served by, or employed at the health care facility or health care service who has presented a grievance or information to the office of the state long-term care ombudsman;(8) Failure to allow a state long-term care ombudsman or an ombudsman advocate access to the health care facility or health care service for the purposes of investigation necessary to carry out the duties of the office of the state long-term care ombudsman as specified in the rules and regulations adopted and promulgated by the Department of Health and Human Services;(9) Violation of the Emergency Box Drug Act or the Pharmacy Practice Act;(10) Failure to file a report required by section 38-1,127 or 71-552;(11) Violation of the Medication Aide Act;(12) Failure to file a report of suspected abuse or neglect as required by sections 28-372 and 28-711;(13) Violation of the Automated Medication Systems Act; or(14) Violation of the Dialysis Patient Care Technician Registration Act.Source  Laws 2000, LB 819,  48;  Laws 2004, LB 1005,  44;  Laws 2007, LB296,  373;  Laws 2007, LB463,  1181;  Laws 2008, LB308,  12;  Laws 2011, LB591,  4;  Laws 2015, LB37,  73;  Laws 2017, LB255,  11.  Cross References   Assisted-Living Facility Act, see section 71-5901.  Automated Medication Systems Act, see section 71-2444.  Dialysis Patient Care Technician Registration Act, see section 38-3701.  Emergency Box Drug Act, see section 71-2410.  Medication Aide Act, see section 71-6718.  Nebraska Nursing Home Act, see section 71-6037.  Pharmacy Practice Act, see section 38-2801. 
71-449.  License; disciplinary actions authorized.(1) The department may impose any one or a combination of the following types of disciplinary action against the license of a health care facility or health care service:(a) A fine not to exceed ten thousand dollars per violation;(b) A prohibition on admissions or readmissions, a limitation on enrollment, or a prohibition or limitation on the provision of care or treatment;(c) A period of probation not to exceed two years during which the facility or service may continue to operate under terms and conditions fixed by the order of probation;(d) A period of suspension not to exceed three years during which the facility or service may not operate; and(e) Revocation which is a permanent termination of the license and the licensee may not apply for a license for a minimum of two years after the effective date of the revocation.(2) Any fine imposed and unpaid under the Health Care Facility Licensure 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 facility or service is located. The department shall, within thirty days after receipt, remit fines to the State Treasurer for credit to the permanent school fund.Source Laws 2000, LB 819,  49. 
71-450.  License; disciplinary actions; considerations.(1) In determining what type of disciplinary action to impose, the department shall consider:(a) The gravity of the violation, including the probability that death or serious physical or mental harm will result, the severity of the actual or potential harm, and the extent to which the provisions of applicable statutes, rules, and regulations were violated;(b) The reasonableness of the diligence exercised by the health care facility or health care service in identifying or correcting the violation;(c) Any previous violations committed by the facility or service; and(d) The financial benefit to the facility or service of committing or continuing the violation.(2) The department may adopt and promulgate rules and regulations which set forth specific violations which will result in a particular disciplinary action, including the use of scope and severity determinations.(3) If the licensee fails to correct a violation or to comply with a particular type of disciplinary action, the department may take additional disciplinary action as described in section 71-449.Source Laws 2000, LB 819,  50. 
71-4501.  Act, how cited.Sections 71-4501 to 71-4504 shall be known and may be cited as the Palliative Care and Quality of Life Act.Source Laws 2017, LB323,  1. 
71-4502.  Legislative findings.The Legislature finds that palliative care provides health care that improves the quality of life of a patient and his or her family as they face problems associated with life-threatening illness and is a critical part of health care delivery in the state.Source Laws 2017, LB323,  2. 
71-4503.  Palliative Care Consumer and Professional Information and Education Program; established; Department of Health and Human Services; duties.The Department of Health and Human Services shall establish the Palliative Care Consumer and Professional Information and Education Program. The department shall consult with the Palliative Care and Quality of Life Advisory Council created in section 71-4504 regarding the program. The department shall make information regarding the program available on its website on or before June 30, 2018. The information shall include, but not be limited to:(1) Continuing education opportunities regarding palliative care for health care professionals;(2) Delivery of palliative care in the home and in primary, secondary, and tertiary environments;(3) Best practices in palliative care delivery;(4) Educational materials for consumers of palliative care;(5) Referral information for palliative care; and(6) Palliative care delivery systems.Source Laws 2017, LB323,  3. 
71-4504.  Palliative Care and Quality of Life Advisory Council; created; duties; members; meetings; expenses.(1) The Palliative Care and Quality of Life Advisory Council is created. The council shall consult with and advise the Department of Health and Human Services on matters relating to palliative care initiatives. The council shall:(a) Survey palliative care providers regarding best practices and recommendations;(b) Work with the department; and(c) Make recommendations to the department regarding information on the website pursuant to section 71-4503 as standards of care change.(2) The council shall be composed of nine members appointed by the Governor for three-year terms. At least two of the members shall be physicians or nurses certified under the Hospice and Palliative Medicine Certification Program administered by the American Board of Internal Medicine. One member shall be an employee of the department familiar with hospice and palliative medicine. The remaining members shall (a) have palliative care work experience, (b) have experience with palliative care delivery models in a variety of settings, such as acute care, long-term care, and hospice care, and with a variety of populations, including pediatric patients, youth patients, and adult patients, or (c) be representatives of palliative care patients and their family caregivers.(3) The council shall meet at least twice each calendar year. The members shall elect a chairperson and vice-chairperson. The members shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177 but shall not receive any other compensation for such services.(4) The department shall provide a place and time for the council to meet and provide staffing assistance as necessary for the meetings.Source  Laws 2017, LB323,  4;  Laws 2020, LB381,  65.  
71-451.  License; disciplinary actions; notice.(1) If the department determines to deny, refuse renewal of, or take disciplinary action against a license, the department shall send to the applicant or licensee, by certified mail to the last address shown on the records of the department, a notice setting forth the determination, the particular reasons for the determination, including a specific description of the nature of the violation and the statute, rule, or regulation violated, and the type of disciplinary action which is pending. The denial, refusal to renew, or disciplinary action shall become final fifteen days after the mailing of the notice unless the applicant or licensee, within such fifteen-day period, makes a written request for an informal conference or a hearing pursuant to section 71-452.(2) A copy of the notice in subsection (1) of this section shall also be mailed to the holder of the license if the holder of such license is not actually involved in the daily operation of the facility or service. If the holder of the license is a corporation, a copy of the notice shall be sent to the corporation's registered agent.Source Laws 2000, LB 819,  51. 
71-452.  License; disciplinary actions; rights of licensee.Within fifteen days after service of a notice under section 71-451, an applicant or a licensee shall notify the director in writing that the applicant or licensee (1) desires to contest the notice and request an informal conference with a representative of the department in person or by other means at the request of the applicant or licensee, (2) desires to contest the notice and request an informal conference with a representative peer review organization with which the department has contracted, (3) desires to contest the notice and request a hearing, or (4) does not contest the notice. If the director does not receive such notification within such fifteen-day period, the action of the department shall be final.Source  Laws 2000, LB 819,  52;  Laws 2007, LB203,  5. 
71-453.  License; disciplinary actions; informal conference; procedure.(1) The director shall assign a representative of the department, other than the individual who did the inspection upon which the notice is based, or a representative peer review organization to hold an informal conference with the applicant or licensee within thirty days after receipt of a request made under subdivision (1) or (2) of section 71-452. Within twenty working days after the conclusion of the conference, the representative or representative peer review organization shall report in writing to the department its conclusion regarding whether to affirm, modify, or dismiss the notice and the specific reasons for the conclusion and shall provide a copy of the report to the director and the applicant or licensee.(2) Within ten working days after receiving a report under subsection (1) of this section, the department shall consider such report and affirm, modify, or dismiss the notice and shall state the specific reasons for such decision, including, if applicable, the specific reasons for not adopting the conclusion of the representative or representative peer review organization as contained in such report. The department shall provide the applicant or licensee with a copy of such decision by certified mail to the last address shown in the records of the department. If the applicant or licensee desires to contest an affirmed or modified notice, the applicant or licensee shall notify the director in writing within five working days after receiving such decision that the applicant or licensee requests a hearing.(3) If an applicant or a licensee successfully demonstrates during an informal conference or a hearing that the deficiencies should not have been cited in the notice, (a) the deficiencies shall be removed from the notice and the deficiency statement and (b) any sanction imposed solely as a result of those cited deficiencies shall be rescinded.Source  Laws 2000, LB 819,  53;  Laws 2007, LB203,  6. 
71-454.  License; disciplinary actions; hearings; procedure.(1) If the applicant or licensee requests a hearing under section 71-452, the department shall hold a hearing and give the applicant or licensee the right to present such evidence as may be proper. On the basis of such evidence, the director shall affirm, modify, or set aside the determination. A copy of such decision setting forth the findings of facts and the particular reasons upon which the decision is based shall be sent by either registered or certified mail to the applicant or licensee. The decision shall become final thirty days after the copy is mailed unless the applicant or licensee, within such thirty-day period, appeals the decision under section 71-455.(2) The procedure governing hearings authorized by this section shall be in accordance with rules and regulations adopted and promulgated by the department. A full and complete record shall be kept of all proceedings. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule and regulation.Source Laws 2000, LB 819,  54. 
71-455.  Appeals.Any party to a decision of the department under the Health Care Facility Licensure Act may appeal such decision. The appeal shall be in accordance with the Administrative Procedure Act.Source Laws 2000, LB 819,  55. Cross References  Administrative Procedure Act, see section 84-920.
71-456.  License; reinstatement; when; procedure.(1) A license issued under the Health Care Facility Licensure Act that has lapsed for nonpayment of fees is eligible for reinstatement at any time by applying to the department and paying the applicable fee as provided in section 71-434.(2) A license that has been disciplined by being placed on suspension is eligible for reinstatement at the end of the period of suspension upon successful completion of an inspection and payment of the applicable renewal fee provided in section 71-434.(3) A license that has been disciplined by being placed on probation is eligible for reinstatement at the end of the period of probation upon successful completion of an inspection if the department determines an inspection is warranted.(4) A license that has been disciplined by being placed on probation or suspension may be reinstated prior to the completion of the term of such probation or suspension as provided in this subsection. Upon petition from a licensee and after consideration of materials submitted with such petition, the director may order an inspection or other investigation of the licensee. On the basis of material submitted by the licensee and the results of any inspection or investigation by the department, the director shall determine whether to grant full reinstatement of the license, to modify the probation or suspension, or to deny the petition for reinstatement. The director's decision shall become final thirty days after mailing the decision to the licensee unless the licensee requests a hearing within such thirty-day period. Any requested hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases. Any party to the decision shall have a right to judicial review under the Administrative Procedure Act.(5) A license that has been disciplined by being revoked is not eligible for relicensure until two years after the date of such revocation. A reapplication for an initial license may be made at the end of such two-year period.(6) The department may adopt and promulgate rules and regulations to carry out this section.Source  Laws 2000, LB 819,  56;  Laws 2002, LB 1062,  45.  Cross References  Administrative Procedure Act, see section 84-920.
71-457.  Rules and regulations.(1) To protect the health, safety, and welfare of the public and to insure to the greatest extent possible the efficient, adequate, and safe practice of health care in any health care facility or health care service licensed under the Health Care Facility Licensure Act, the department shall adopt, promulgate, and enforce rules, regulations, and standards with respect to the different types of health care facilities and health care services, except nursing facilities and skilled nursing facilities, designed to further the accomplishment of the purposes of the act. Such rules, regulations, and standards shall be modified, amended, or rescinded from time to time in the public interest by the department.(2) The department shall adopt, promulgate, and enforce rules, regulations, and standards with respect to nursing facilities and skilled nursing facilities. Such rules, regulations, and standards shall be in compliance with the Nebraska Nursing Home Act. Such rules, regulations, and standards shall be modified, amended, or rescinded from time to time in the public interest by the department.Source  Laws 2000, LB 819,  57;  Laws 2017, LB644,  19.  Cross References  Nebraska Nursing Home Act, see section 71-6037.
71-458.  Violations; penalty.Any person who establishes, operates, or maintains a health care facility or health care service subject to the Health Care Facility Licensure Act without first obtaining a license as required under the act or who violates any of the provisions of the act shall be guilty of a Class I misdemeanor. Each day such facility or service operates after a first conviction shall be considered a subsequent offense.Source Laws 2000, LB 819,  58. 
71-459.  Injunction.The department may maintain an action in the name of the state for an injunction against any person for establishing, operating, or maintaining a health care facility or health care service subject to the Health Care Facility Licensure Act without first obtaining a license as required by the act. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, operate, or maintain a health care facility or health care service without obtaining a license to do so, without alleging any further or more particular facts concerning the same.Source Laws 2000, LB 819,  59. 
71-460.  Transferred to section 71-5903.
71-4601.  Act, how cited.Sections 71-4601 to 71-4620.01 shall be known and may be cited as the Uniform Standard Code for Manufactured Homes and Recreational Vehicles.Source   Laws 1969, c. 557,  1, p. 2272;  Laws 1975, LB 300,  1;  Laws 1985, LB 313,  5;  Laws 1998, LB 1073,  127.  
71-4602.  Uniformity in construction and use of manufactured homes and recreational vehicles and their systems; purpose.The Legislature recognizes that uniformity in the manner of the body and frame design, construction, assembly, and use of manufactured homes and recreational vehicles and that of their systems, components, and appliances including their plumbing, heating, and electrical systems is desirable in order that owners may not be burdened with differing requirements and in order to promote construction suitable for the health of the numerous persons living in manufactured homes and recreational vehicles.Source   Laws 1969, c. 557,  2, p. 2272;  Laws 1975, LB 300,  2;  Laws 1985, LB 313,  6.  
71-4603.  Terms, defined.For purposes of the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, unless the context otherwise requires:(1) Camping trailer means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use;(2) Commission means the Public Service Commission;(3) Dealer means a person licensed by the state pursuant to the Motor Vehicle Industry Regulation Act as a dealer in manufactured homes or recreational vehicles or any other person, other than a manufacturer, who sells, offers to sell, distributes, or leases manufactured homes or recreational vehicles primarily to persons who in good faith purchase or lease a manufactured home or recreational vehicle for purposes other than resale;(4) Defect means a failure to conform to an applicable construction standard that renders the manufactured home or recreational vehicle or any component of the manufactured home or recreational vehicle not fit for the ordinary use for which it was intended but does not result in an unreasonable risk of injury or death to occupants;(5) Distributor means any person engaged in the sale and distribution of manufactured homes or recreational vehicles for resale;(6) Failure to conform means a defect, a serious defect, noncompliance, or an imminent safety hazard related to the code;(7) Fifth-wheel trailer means a unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of such size or weight as not to require a special highway movement permit, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle;(8) Gross trailer area means the total plan area measured on the exterior to the maximum horizontal projections of exterior wall in the setup mode and includes all siding, corner trims, moldings, storage spaces, expandable room sections regardless of height, and areas enclosed by windows but does not include roof overhangs. Storage lofts contained within the basic unit shall have ceiling heights less than five feet and shall not constitute additional square footage. Appurtenances, as defined in subdivision (2)(k) of section 60-6,288, shall not be considered in calculating the gross trailer area as provided in such subdivision;(9) Imminent safety hazard means a hazard that presents an imminent and unreasonable risk of death or severe personal injury;(10) Manufactured home means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or forty body feet or more in length or when erected on site is three hundred twenty or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure, except that manufactured home includes any structure that meets all of the requirements of this subdivision other than the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, as such act existed on September 1, 2001, 42 U.S.C. 5401 et seq.;(11) Manufactured-home construction means all activities relating to the assembly and manufacture of a manufactured home, including, but not limited to, activities relating to durability, quality, and safety;(12) Manufactured-home safety means the performance of a manufactured home in such a manner that the public is protected against any unreasonable risk of the occurrence of accidents due to the design or construction of such manufactured home or any unreasonable risk of death or injury to the user or to the public if such accidents do occur;(13) Manufacturer means any person engaged in manufacturing, assembling, or completing manufactured homes or recreational vehicles;(14) Motor home means a vehicular unit primarily designed to provide temporary living quarters which are built into an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van, containing permanently installed independent life-support systems that meet the state standard for recreational vehicles and providing at least four of the following facilities: Cooking; refrigeration or ice box; self-contained toilet; heating, air conditioning, or both; a potable water supply system including a faucet and sink; separate one-hundred-twenty-nominal-volt electrical power supply; or LP gas supply;(15) Noncompliance means a failure to comply with an applicable construction standard that does not constitute a defect, a serious defect, or an imminent safety hazard;(16) Park model recreational vehicle means a vehicular unit which meets the following criteria:(a) Is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use;(b) Is not permanently affixed to real property for use as a permanent dwelling;(c) Is built on a single chassis mounted on wheels with a gross trailer area not exceeding four hundred square feet in the set up mode; and(d) Is certified by the manufacturer as complying with the ANSI A119.5 Park Model Recreational Vehicle Standard of the American National Standards Institute, 2020 edition;(17) Person means any individual, partnership, limited liability company, company, corporation, or association engaged in manufacturing, selling, offering to sell, or leasing manufactured homes or recreational vehicles;(18) Purchaser means the first person purchasing a manufactured home or recreational vehicle in good faith for purposes other than resale;(19) Recreational vehicle means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which unit either has its own motive power or is mounted on or towed by another vehicle. Recreational vehicle includes, but is not limited to, travel trailer, park model recreational vehicle, camping trailer, truck camper, motor home, and van conversion;(20) Seal means a device or insignia issued by the Department of Health and Human Services Regulation and Licensure prior to May 1, 1998, or by the Public Service Commission on or after May 1, 1998, to be displayed on the exterior of a manufactured home or recreational vehicle to evidence compliance with state standards. The federal manufactured-home label shall be recognized as a seal;(21) Serious defect means a failure to conform to an applicable construction standard that renders the manufactured home or recreational vehicle or any component of the manufactured home or recreational vehicle not fit for the ordinary use for which it was intended and which results in an unreasonable risk of injury or death to the occupants;(22) Travel trailer means a vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use of such size or weight as not to require special highway movement permits when towed by a motorized vehicle;(23) Truck camper means a portable unit constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof, floor, and sides and designed to be loaded onto and unloaded from the bed of a pickup truck; and(24) Van conversion means a completed vehicle permanently altered cosmetically, structurally, or both which has been recertified by the state as a multipurpose passenger vehicle but which does not conform to or otherwise meet the definition of a motor home in this section and which contains at least one plumbing, heating, or one-hundred-twenty-nominal-volt electrical component subject to the provisions of the state standard for recreational vehicles. Van conversion does not include any such vehicle that lacks any plumbing, heating, or one-hundred-twenty-nominal-volt electrical system but contains an extension of the low-voltage automotive circuitry.Source   Laws 1969, c. 557,  3, p. 2272;  Laws 1975, LB 300,  3;  Laws 1985, LB 313,  7;   Laws 1993, LB 121,  435;  Laws 1993, LB 536,  86;  Laws 1996, LB 1044,  675;  Laws 1998, LB 1073,  128;  Laws 2001, LB 376,  6;  Laws 2008, LB797,  13;  Laws 2010, LB816,  90;  Laws 2012, LB751,  48;  Laws 2022, LB1147,  1.   Effective Date: April 19, 2022  Cross References  Motor Vehicle Industry Regulation Act, see section 60-1401.
71-4604.01.  Manufactured home or recreational vehicle; seals certifying compliance with standards; exemption; rules and regulations; fees; Public Service Commission Housing and Recreational Vehicle Cash Fund.(1)(a) Every manufactured home or recreational vehicle manufactured, sold, offered for sale, or leased in this state more than four months after May 27, 1975, and before May 1, 1998, shall comply with the seal requirements of the state agency responsible for regulation of manufactured homes or recreational vehicles as such requirements existed on the date of manufacture.(b) Every manufactured home or recreational vehicle manufactured, sold, offered for sale, or leased in this state on or after May 1, 1998, shall bear a seal issued by the commission certifying that the body and frame design and construction and the plumbing, heating, and electrical systems of such manufactured home or recreational vehicle have been installed in compliance with the standards adopted by the commission, applicable at the time of manufacture. Manufactured homes destined for sale outside the United States shall be exempt from displaying the seal issued by the state if sufficient proof of such delivery is submitted to the commission for review. Recreational vehicles destined for sale or lease outside this state or the United States shall be exempt from displaying the seal issued by the state if sufficient proof of such delivery is submitted to the commission for review. The commission shall issue the recreational-vehicle seal upon an inspection of the plans and specifications for the recreational vehicle or upon an actual inspection of the recreational vehicle during or after construction if the recreational vehicle is in compliance with state standards. The commission shall issue the manufactured-home seal in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as such act existed on January 1, 2005. Each seal issued by the state shall remain the property of the commission and may be revoked by the commission in the event of a violation of the conditions of issuance.(2) The commission shall charge a fee in an amount determined annually by the commission after published notice and a hearing, for seals issued by the commission. A seal shall be placed on each manufactured home. The commission shall assess any costs of inspections conducted outside of Nebraska to the manufacturer in control of the inspected facility or to a manufacturer requesting such inspection. Such costs shall include, but not be limited to, actual travel, personnel, and inspection expenses and shall be paid prior to any issuance of seals.(3) The commission shall adopt and promulgate rules and regulations governing the submission of plans and specifications of manufactured homes and recreational vehicles. A person who submits recreational-vehicle plans and specifications to the commission for review and approval shall be assessed an hourly rate by the commission for performing the review of the plans and specifications and related functions. The hourly rate shall be not less than fifteen dollars per hour and not more than seventy-five dollars per hour as determined annually by the commission after published notice and hearing based on the number of hours of review time as follows:(a) New model, one hour;(b) Quality control manual, two hours;(c) Typicals, one-half hour;(d) Revisions, three-fourths hour;(e) Engineering calculations, three-fourths hour;(f) Initial package, fifteen hours; and(g) Yearly renewal, two hours plus the three-fourths hour for revisions.(4) The commission shall charge each manufacturer an inspection fee of two hundred fifty dollars for each inspection of any new recreational vehicle manufactured by such manufacturer and not bearing a seal issued by the State of Nebraska or some reciprocal state.(5) All fees collected pursuant to the Uniform Standard Code for Manufactured Homes and Recreational Vehicles shall be remitted to the State Treasurer for credit to the Public Service Commission Housing and Recreational Vehicle Cash Fund.Source  Laws 1975, LB 300,  5;  Laws 1983, LB 617,  24;  Laws 1985, LB 313,  9;   Laws 1991, LB 703,  50;  Laws 1993, LB 536,  88;  Laws 1996, LB 1044,  677;  Laws 1996, LB 1155,  33;  Laws 1998, LB 1073,  130;  Laws 2003, LB 241,  2;  Laws 2005, LB 319,  1;  Laws 2008, LB797,  15;  Laws 2010, LB849,  26. 
71-4604.  Plumbing, heating, and electrical systems; body and frame design and construction; installed equal to standards approved by commission.(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.Source   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. 
71-4605.  Standards; compliance prior to sale, offer for sale, or lease.Except as provided in section 71-4606, no dealer shall sell, offer for sale, or lease in this state any new or used manufactured home or recreational vehicle manufactured more than four months after May 27, 1975, unless such manufactured home or recreational vehicle meets or exceeds the standards with respect to body and frame design and construction and plumbing, heating, and electrical systems established under the Uniform Standard Code for Manufactured Homes and Recreational Vehicles.Source   Laws 1969, c. 557,  5, p. 2273;  Laws 1971, LB 654,  2;  Laws 1975, LB 300,  6;  Laws 1985, LB 313,  10.  
71-4606.  Standards; exception; reciprocity with other states; effect; seal of state on reciprocity list; federal manufactured-home label; validity; restrictions on sale.If any other state has plumbing, heating, electrical, or body and frame design and construction codes for recreational vehicles at least equal to those established under the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, the commission, upon determining that such standards are being enforced by such other state, shall place such other state on a reciprocity list, which list shall be available to any interested person. Any recreational vehicle which bears the seal of any state which has been placed on the reciprocity list shall not be required to bear the seal issued by this state. A manufactured home manufactured more than four months after May 27, 1975, which does not bear the federal manufactured-home label issued by this state or by a state which has been placed on the reciprocity list shall not be permitted to be manufactured, offered for sale, sold, or leased by a manufacturer, dealer, or any other person anywhere within this state nor delivered from this state into any other state or jurisdiction unless destined for sale outside the United States. A recreational vehicle manufactured in this state, which is offered for sale, sold, or leased by a manufacturer, dealer, or other person anywhere outside this state, shall not be required to bear the seal issued by this state. If a recreational vehicle has a certificate of title or other certification from a state on the reciprocity list, a dealer may sell it unless he or she has actual knowledge that the recreational vehicle does not meet the standards of the state which has issued a certificate of title or other certification for it, so long as it bears the seal issued by this state or a state on the reciprocity list. No dealer or distributor shall sell a manufactured home or recreational vehicle if it contains a defect, a serious defect, or an imminent safety hazard.Source   Laws 1969, c. 557,  6, p. 2273;  Laws 1971, LB 654,  3;  Laws 1975, LB 300,  7;  Laws 1985, LB 313,  11;  Laws 1993, LB 536,  89;  Laws 1996, LB 1155,  34;  Laws 1998, LB 1073,  131.  
71-4608.  Violations; penalties; administrative fine.(1) Any person who is in violation of any provision of the Uniform Standard Code for Manufactured Homes and Recreational Vehicles regarding a used manufactured home or recreational vehicle or who manufactures unless destined for sale outside the United States, sells, offers for sale, or leases in this state any used manufactured home or recreational vehicle manufactured more than four months after May 27, 1975, which does not bear the federal manufactured-home label or the recreational-vehicle seal issued by this state or by a state which has been placed on the reciprocity list as required by the code shall be guilty of a Class I misdemeanor. Nothing in the Uniform Standard Code for Manufactured Homes and Recreational Vehicles shall be construed to require a seal for any recreational vehicle manufactured in this state which is sold or leased outside this state.(2) No person shall:(a) Manufacture for sale, lease, sell, offer for sale or lease, or introduce, deliver, or import into this state any manufactured home or recreational vehicle which is manufactured on or after the effective date of any applicable standard of the commission which does not comply with such standard;(b) Fail or refuse to permit access to or copying of records, fail to make reports or provide information, or fail or refuse to permit entry or inspection as provided in section 71-4610;(c) Fail to furnish notification to the purchaser of any manufactured home of any defect as required by 42 U.S.C. 5414 or to the purchaser of any recreational vehicle as provided in section 71-4616;(d) Fail to issue a certification required by 42 U.S.C. 5415 or issue a certification to the effect that a manufactured home conforms to all applicable Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect;(e) Fail to establish and maintain such records, make such reports, and provide such information as the commission may reasonably require to enable it to determine whether there is compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. 5401 et seq., or the standards adopted by the commission for recreational-vehicle construction or fail to permit, upon request of a person duly authorized by the commission, inspection of appropriate books, papers, records, and documents relative to determining whether a manufacturer, distributor, or dealer has acted or is acting in compliance with the Uniform Standard Code for Manufactured Homes and Recreational Vehicles or with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. 5401 et seq.; or(f) Issue a certification pursuant to 42 U.S.C. 5403(a) if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect.(3) Subdivision (2)(a) of this section shall not apply to the sale or the offer for sale of any manufactured home or recreational vehicle after the first purchase of it in good faith for purposes other than resale.(4) Subdivision (2)(a) of this section shall not apply to any person who establishes that he or she did not have reason to know in the exercise of due care that such manufactured home or recreational vehicle was not in conformity with applicable Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280, or the standards adopted by the commission for recreational-vehicle construction or any person who, prior to such first purchase, holds a certificate by the manufacturer or importer of such manufactured home or recreational vehicle to the effect that such manufactured home conforms to all applicable Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280, or that such recreational vehicle conforms to the standards adopted by the commission for recreational-vehicle construction unless such person knows that such manufactured home or recreational vehicle does not so conform.(5) Any person or officer, director, or agent of a corporation who willfully or knowingly violates subsection (2) of this section in any manner which threatens the health or safety of any purchaser shall be guilty of a Class I misdemeanor.(6) The commission may administratively fine pursuant to section 75-156 any person who violates the Uniform Standard Code for Manufactured Homes and Recreational Vehicles or any rule or regulation adopted and promulgated under the code.Source   Laws 1969, c. 557,  8, p. 2274;  Laws 1975, LB 300,  20;  Laws 1977, LB 39,  176;  Laws 1985, LB 313,  12;  Laws 1993, LB 536,  90;  Laws 1996, LB 1155,  35;  Laws 1998, LB 1073,  132;  Laws 2005, LB 319,  2;  Laws 2008, LB797,  16. 
71-4609.  Commission; duties; rules and regulations; refusal to issue seal; grounds; hearing; appeal; commission; powers; disciplinary actions; fee.(1) The commission shall administer the Uniform Standard Code for Manufactured Homes and Recreational Vehicles. The commission may adopt and promulgate, amend, alter, or repeal general rules and regulations of procedure for (a) administering the provisions of the code, (b) issuing seals, (c) obtaining statistical data respecting the manufacture and sale of manufactured homes and recreational vehicles, and (d) prescribing means, methods, and practices to make effective such provisions.(2) The commission shall refuse to issue a seal to any manufacturer or other person for any manufactured home or recreational vehicle found to be not in compliance with its standards governing body and frame design and construction or plumbing, heating, or electrical systems for manufactured homes or recreational vehicles or for which fees have not been paid. Except in case of failure to pay the required fees, any such manufacturer or other person may request a hearing before the commission on the issue of such refusal. Procedures for notice and opportunity for a hearing before the commission shall be pursuant to the Administrative Procedure Act. The refusal by the commission may be appealed, and the appeal shall be in accordance with section 75-136.(3) The issuance of seals may be suspended or revoked as to any manufacturer or other person who has not complied with any provision of the code or with any rule, regulation, or standard adopted and promulgated under the code or who is convicted of violating section 71-4608, and issuance of the seals shall not be resumed until such manufacturer or other person submits sufficient proof that the conditions which caused the lack of compliance or the violation have been remedied. Any manufacturer or other person may request a hearing before the commission on the issue of such suspension or revocation. Procedures for notice and opportunity for a hearing before the commission shall be pursuant to the Administrative Procedure Act. The suspension or revocation by the commission may be appealed, and the appeal shall be in accordance with section 75-136.(4) The commission may conduct hearings and presentations of views consistent with the regulations adopted by the United States Department of Housing and Urban Development and adopt and promulgate such rules and regulations as are necessary to carry out this function.(5) The commission shall establish a monitoring inspection fee in an amount approved by the United States Secretary of Housing and Urban Development, which fee shall be an amount paid to the commission by the manufacturer for each manufactured-home seal issued in the state. An additional monitoring inspection fee established by the United States Secretary of Housing and Urban Development shall be paid by the manufacturer to the secretary who shall distribute the fees collected from all manufactured-home manufacturers based on provisions developed and approved by the secretary.Source   Laws 1969, c. 557,  9, p. 2274;  Laws 1975, LB 300,  21;   Laws 1981, LB 545,  25;  Laws 1985, LB 313,  13;  Laws 1988, LB 352,  134;  Laws 1993, LB 536,  91;  Laws 1998, LB 1073,  133;  Laws 2002, LB 93,  16;  Laws 2013, LB545,  3. Cross References  Administrative Procedure Act, see section 84-920.
71-461.  Transferred to section 71-5904.
71-4610.  Commission; inspections and investigations; purpose; notice of noncompliance.(1) The commission may conduct inspections and investigations as may be necessary to enforce the standards adopted under the Uniform Standard Code for Manufactured Homes and Recreational Vehicles or to carry out its duties pursuant to the code. The commission shall furnish the appropriate state and county officials any information obtained indicating noncompliance with such standards for appropriate action.(2) For purposes of enforcement of the code and the rules, regulations, and standards adopted and promulgated by the commission pursuant to the code, persons duly designated by the commission, upon presenting appropriate credentials to the owner, operator, or agent in charge, may:(a) Enter, at reasonable times and without advance notice, any factory, warehouse, or other establishment or place in which manufactured homes or recreational vehicles are manufactured, stored, offered for sale, or held for lease or sale; and(b) Inspect, at reasonable times and within reasonable limits and in a reasonable manner, any such factory, warehouse, or other establishment or place and inspect such books, papers, records, and documents as are set forth in section 71-4611. Each such inspection shall be commenced and completed with reasonable promptness.Source  Laws 1975, LB 300,  9;  Laws 1985, LB 313,  14;  Laws 1993, LB 536,  92;  Laws 1998, LB 1073,  134.  
71-4611.  Commission; powers and duties.For purposes of carrying out the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, the commission may:(1) Hold such hearings, take such testimony, act at such times and places, administer such oaths, and require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memoranda, contracts, agreements, or other records as the commission deems advisable. Witnesses summoned pursuant to this section shall be paid the same fees as are paid witnesses in the district courts of the state and mileage as provided in section 81-1176;(2) Examine and copy any documentary evidence of any person having materials or information relevant to any function of the commission under the code;(3) Require, by general or special orders, any person to file, in such form as the commission may prescribe, reports or answers in writing to specific questions relating to any function of the commission under the code. Such reports and answers shall be made under oath or otherwise and shall be filed with the commission within such reasonable period as the commission may prescribe; and(4) Make available to the public any information which may indicate the existence of a failure to comply which relates to manufactured-home or recreational-vehicle construction or safety or of the failure of a manufactured home or recreational vehicle to comply with applicable standards. The commission shall disclose so much of other information obtained under this subdivision to the public as it determines will assist in carrying out the code, but it shall not under the authority of this subdivision make available or disclose to the public any information which contains or relates to a trade secret or any information the disclosure of which would put the person furnishing such information at a substantial competitive disadvantage, unless the commission determines that it is necessary to carry out the purposes of the code.Source  Laws 1975, LB 300,  10;  Laws 1981, LB 204,  129;  Laws 1985, LB 313,  15;  Laws 1993, LB 536,  93;  Laws 1998, LB 1073,  135.  
71-4612.  District court; enforcement.Any district court of this state in which any action is instituted in the case of any willful or negligent refusal to obey a subpoena or order of the commission issued pursuant to section 71-4611, may issue an order requiring compliance therewith. Any person who fails to obey such order of the court shall be guilty of contempt of court and may be punished by such court accordingly.Source  Laws 1975, LB 300,  11;  Laws 1998, LB 1073,  136.  
71-4613.  Manufacturer of manufactured homes; duties.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.Source  Laws 1975, LB 300,  12;  Laws 1985, LB 313,  16;  Laws 1993, LB 536,  94;  Laws 1998, LB 1073,  137.  
71-4614.  Commission; require manufacturer to supply information to purchaser; manner.The commission may require the manufacturer to give notification of performance and technical data to:(1) Each prospective purchaser before the first sale for purposes other than resale at each location where any such manufacturer's manufactured homes or recreational vehicles are offered for sale by a person with whom such manufacturer has a contractual, proprietary, or other legal relationship and in a manner determined by the commission to be appropriate, which notification may include, but need not be limited to, printed matter that is both available for retention by such prospective purchaser and sent by mail to such prospective purchaser upon his or her request; and(2) The first person who purchases a manufactured home or recreational vehicle for purposes other than resale, at the time of such purchase or in printed matter placed in the manufactured home or recreational vehicle.Source  Laws 1975, LB 300,  13;  Laws 1985, LB 313,  17;  Laws 1993, LB 536,  95;  Laws 1998, LB 1073,  138.  
71-4615.  Trade secret information; confidential; exceptions.All information reported to or otherwise obtained by the commission or its duly authorized representatives pursuant to the Uniform Standard Code for Manufactured Homes and Recreational Vehicles which contains or relates to a trade secret, or which, if disclosed, would put the person furnishing such information at a substantial competitive disadvantage, shall be considered confidential, except that such information may be disclosed to other officers or employees concerned with carrying out the code or, when relevant, in any proceeding under the code.Source  Laws 1975, LB 300,  14;  Laws 1985, LB 313,  18;  Laws 1998, LB 1073,  139.  
71-4616.  Manufacturer; notification of failure to conform; method; contents.(1) Every manufacturer shall furnish notification of any failure to conform in any manufactured home or recreational vehicle produced by such manufacturer which the manufacturer determines, in good faith, violates a standard adopted by the commission or which constitutes an imminent safety hazard or serious defect in a single manufactured home or recreational vehicle or noncompliance determined to be in a class of manufactured homes or recreational vehicles to the purchaser of such manufactured home or recreational vehicle, within a reasonable time after such manufacturer has discovered the failure to conform.(2) The notification required by this section shall be accomplished:(a) By certified mail to the first purchaser, not including any dealer or distributor of such manufacturer, of the manufactured home or recreational vehicle containing the failure to conform and to any subsequent purchaser to whom any warranty on such manufactured home or recreational vehicle has been transferred;(b) By certified mail to any other person who is a registered owner of such manufactured home or recreational vehicle and whose name and address has been ascertained pursuant to procedures established under section 71-4619; and(c) By certified mail or other more expeditious means to the dealer or dealers of such manufacturer to whom such manufactured home or recreational vehicle was delivered.(3) The notification required by subsection (1) of this section shall contain a clear description of such failure to conform, an evaluation of the risk to occupant safety reasonably related to such failure to conform, and a statement of the measures needed to repair the failure to conform. The notification shall also inform the owner whether the failure to conform is a construction or safety failure to conform which the manufacturer will have corrected at no cost to the owner of the manufactured home or recreational vehicle or a failure to conform which must be corrected at the expense of the owner.Source  Laws 1975, LB 300,  15;  Laws 1985, LB 313,  19;  Laws 1993, LB 536,  96;  Laws 1998, LB 1073,  140.  
71-4617.  Manufacturer; furnish commission with information regarding hazards, defects, and noncompliance; disclosure to public; limitation; exception.Every manufacturer shall furnish to the commission a true or representative copy of all notices, bulletins, and other communications sent to the dealers of the manufacturer or to purchasers of manufactured homes or recreational vehicles of the manufacturer regarding any imminent safety hazard or serious defect in a single manufactured home or recreational vehicle or a noncompliance determined to be in a class of manufactured homes or recreational vehicles produced by the manufacturer. The commission shall disclose to the public so much of the information contained in such notices or other information obtained pursuant to the Uniform Standard Code for Manufactured Homes and Recreational Vehicles as it deems will assist in carrying out the purposes of the code, but it shall not disclose any information which contains or relates to a trade secret or which, if disclosed, would put the manufacturer at a substantial competitive disadvantage, unless the commission determines that such disclosure is necessary to carry out the purposes of the code.Source  Laws 1975, LB 300,  16;  Laws 1985, LB 313,  20;  Laws 1993, LB 536,  97;  Laws 1998, LB 1073,  141.  
71-4618.  Commission; notice to manufacturers concerning nonconformance; opportunity for evidence; determination by commission; effect.(1) If the commission determines that any manufactured home or recreational vehicle (a) does not comply with an applicable standard adopted by the commission or (b) contains a failure to conform which constitutes an imminent safety hazard or serious defect in a single manufactured home or recreational vehicle or a noncompliance determined to be in a class of manufactured homes or recreational vehicles, it shall immediately notify the manufacturer of such failure to conform. The notice shall contain the findings of the commission and shall include all information upon which the findings are based.(2) The commission shall afford such manufacturer an opportunity to present its views and supporting evidence to establish that there is no failure to conform. If, after such presentation by the manufacturer, the commission determines that there is a failure to conform with applicable standards or a failure to conform which constitutes a serious defect or an imminent safety hazard, the commission shall direct the manufacturer to furnish the notification specified in section 71-4616.Source  Laws 1975, LB 300,  17;  Laws 1985, LB 313,  21;  Laws 1993, LB 536,  98;  Laws 1998, LB 1073,  142.  
71-4619.  Manufacturer; maintain sales records; commission; rules and regulations.Every manufacturer shall maintain a record of the name and address of the first purchaser of each manufactured home or recreational vehicle for purposes other than resale and, to the maximum extent feasible and reasonable, shall maintain procedures for ascertaining the name and address of any subsequent purchaser and shall maintain a record of names and addresses so ascertained. Such records shall be kept for each manufactured home or recreational vehicle produced by a manufacturer. The commission may establish by rule and regulation procedures to be followed by manufacturers in establishing and maintaining such records, including procedures to be followed by distributors and dealers to assist manufacturers to secure the information required by this section.Source  Laws 1975, LB 300,  18;  Laws 1985, LB 313,  22;  Laws 1993, LB 536,  99;  Laws 1998, LB 1073,  143.  
71-4620.01.  Existing rules, regulations, orders, suits, and proceedings; effect of transfer.All rules, regulations, and orders of the Department of Health and Human Services Regulation and Licensure or its predecessor agency adopted prior to May 1, 1998, in connection with the powers, duties, and functions transferred to the Public Service Commission under the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to May 1, 1998, or which could have been commenced prior to that date, by or against such department or agency, or the director or employee thereof in such director's or employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from such department or agency to the commission.On and after May 1, 1998, unless otherwise specified, whenever any provision of law refers to such department or agency in connection with duties and functions transferred to the commission, the law shall be construed as referring to the commission.Any costs incurred by the department and associated with the transfer of powers, duties, and functions to the commission under the code shall be borne by the commission.Source Laws 1998, LB 1073,  145. 
71-4620.  Manufacturer; compliance with standards or correction of nonconformance; conditions; powers of commission; remedy plan; replacement or refund; when provided.(1) A manufacturer required to furnish notification of a failure to conform under section 71-4616 or 71-4618 shall also bring the manufactured home or recreational vehicle into compliance with applicable commission standards and correct the failure to conform or have the failure to conform corrected within a reasonable period of time at no expense to the owner if the failure to conform presents an unreasonable risk of injury or death to occupants and the failure to conform can be related to an error by the manufacturer in design or assembly.(2) The commission may direct the manufacturer to make such corrections after providing an opportunity for oral and written presentation of views by interested persons. Nothing in this section shall limit the rights of the purchaser or any other person under any contract or applicable law.(3) The manufacturer shall submit a remedy plan for repairing such failure to conform to the commission for its approval, or the manufacturer shall notify the commission of the corrective action the manufacturer has taken and request state approval. Whenever a manufacturer is required to correct a failure to conform, the commission shall approve with or without modification, after consultation with the manufacturer, the manufacturer's remedy plan, including the date when and the method by which the notification and remedy required pursuant to this section shall be effectuated. Such date shall be the earliest practicable one but shall not be more than sixty days after the date of discovery or determination of the failure to conform, unless the commission grants an extension of such period for good cause shown. The manufacturer shall implement any remedy plan approved by the commission.(4) When a failure to conform cannot be adequately repaired within sixty days from the date of discovery or determination of the failure to conform, the commission may require that the manufactured home or recreational vehicle be replaced with a new or equivalent manufactured home or recreational vehicle without charge or that the purchase price be refunded in full, less a reasonable allowance for depreciation based on actual use if the manufactured home or recreational vehicle has been in the possession of the owner for more than one year.Source  Laws 1975, LB 300,  19;  Laws 1985, LB 313,  23;  Laws 1993, LB 536,  100;  Laws 1998, LB 1073,  144.  
71-4621.  Transferred to section 81-15,279.
71-4622.  Transferred to section 81-15,280.
71-4623.  Transferred to section 81-15,281.
71-4624.  Transferred to section 81-15,282.
71-4625.  Transferred to section 81-15,283.
71-4626.  Transferred to section 81-15,284.
71-4627.  Transferred to section 81-15,285.
71-4629.  Transferred to section 81-15,286.
71-4630.  Transferred to section 81-15,287.
71-4631.  Transferred to section 81-15,288.
71-4632.  Transferred to section 81-15,289.
71-4633.  Transferred to section 81-15,290.
71-4634.  Transferred to section 81-15,278.
71-4635.  Transferred to section 81-15,291.
71-464.  Itemized billing statement; duty to provide.A health care facility or a health care practitioner facility, upon written request of a patient or a patient's representative, shall provide an itemized billing statement, including diagnostic codes, without charge to the patient or patient's representative. Such itemized billing statement shall be provided within fourteen days after the request.Source Laws 2009, LB288,  32.
71-466.  Religious residential facility; exemption from licensure and regulation.Any facility which is used as a residence by members of an organization, association, order, or society organized and operated for religious purposes, which is not operated for financial gain or profit for the organization, association, order, or society, and which serves as a residence only for such members who in the exercise of their duties in the organization, association, order, or society are required to participate in congregant living within such a facility is exempt from the provisions of the Health Care Facility Licensure Act relating to licensure or regulation of assisted-living facilities, intermediate care facilities, and nursing facilities.Source Laws 2011, LB34,  2.
71-467.  General acute hospital; employees; influenza vaccinations; tetanus-diphtheria-pertussis vaccine; duties; record.(1) Each general acute hospital shall take all of the following actions in accordance with the guidelines of the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services as the guidelines existed on January 1, 2013:(a) Annually offer onsite influenza vaccinations to all hospital employees;(b) Offer to all hospital employees a single dose of tetanus-diphtheria-pertussis vaccine if they have not previously received such vaccine and regardless of the time since their most recent vaccination with such vaccine; and(c) Require all hospital employees to be vaccinated against influenza, tetanus, diphtheria, and pertussis, except that an employee may elect not to be vaccinated.(2) The hospital shall keep a record of which hospital employees receive the annual vaccination against influenza and a single dose of tetanus-diphtheria-pertussis vaccine and which hospital employees do not receive such vaccinations.(3) This section shall not apply in individual cases when contraindicated or if a national shortage of the vaccine exists.Source  Laws 2011, LB542,  2;  Laws 2013, LB458,  1;  Laws 2014, LB859,  1. 
71-468.  Onsite vaccinations for influenza and pneumococcal disease.In order to prevent, detect, and control pneumonia and influenza outbreaks in Nebraska:(1) Each general acute hospital and intermediate care facility shall annually, beginning no later than October 1 and ending on the following April 1, offer onsite vaccinations for influenza and pneumococcal disease to all residents and to all inpatients prior to discharge, pursuant to procedures of the facility and in accordance with the recommendations of the advisory committee on immunization practices of the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services as the recommendations existed on January 1, 2017; and(2) Each nursing facility and skilled nursing facility shall annually, beginning no later than October 1 and ending on the following April 1, offer onsite vaccinations for (a) influenza and pneumococcal disease to all residents and (b) influenza to all employees, pursuant to procedures of the facility and in accordance with the recommendations of the advisory committee on immunization practices of the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services as the recommendations existed on January 1, 2017. This section shall not apply in individual cases when contraindicated or if a national shortage of the vaccine exists. Nothing in this section shall be construed to require any facility listed in this section to cover the cost of a vaccination provided pursuant to this section.Source  Laws 2012, LB1077,  2;  Laws 2014, LB859,  2;  Laws 2017, LB267,  1.  
71-469.  Onsite vaccinations for diphtheria, tetanus, and pertussis.In order to prevent, detect, and control diphtheria, tetanus, and pertussis in Nebraska, each general acute hospital, intermediate care facility, nursing facility, and skilled nursing facility shall offer onsite vaccinations for diphtheria, tetanus, and pertussis to all residents and to all inpatients prior to discharge, pursuant to procedures of the facility and in accordance with the recommendations of the advisory committee on immunization practices of the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services as the recommendations existed on January 1, 2013. This section shall not apply in individual cases when contraindicated or if a national shortage of the vaccine exists. Nothing in this section shall be construed to require any facility listed in this section to bear the cost of a vaccination provided pursuant to this section.Source  Laws 2013, LB459,  2;  Laws 2014, LB859,  3. 
71-470.  Hospital pharmacy; license, when required; designate pharmacist in charge; duties; inspection.(1) A hospital in which drugs or devices are compounded, dispensed, or administered pursuant to chart orders is not required to obtain a separate license for the hospital pharmacy, except that if the compounding or dispensing of drugs or devices is done in the pharmacy at the hospital for persons not registered as patients within the confines of the hospital, the hospital shall obtain a pharmacy license. Compounding in a hospital pharmacy may occur for any hospital which is part of the same health care system under common ownership or which is a member of or an affiliated member of a formal network or partnership agreement.(2) Beginning January 1, 2016, each hospital shall designate a pharmacist licensed in this state as being the pharmacist in charge and responsible for the practice of pharmacy and medication use procedure in such hospital, including section 38-2867.02. The Board of Pharmacy or its designated representatives may examine and inspect the practice of pharmacy in any hospital licensed by the department.(3) The pharmacist in charge of a hospital pharmacy shall establish and implement policies and procedures for the practice of pharmacy and medication use in the hospital.Source Laws 2015, LB37,  71. 
71-4701.  Transferred to section 38-1502.
71-4702.  Transferred to section 38-1509.
71-4703.  Transferred to section 38-1511.
71-4704.  Transferred to section 38-1510.
71-4707.  Transferred to section 38-1512.
71-4708.  Transferred to section 38-1513.
71-4709.  Transferred to section 38-1514.
71-471.  Memory care endorsement; application; qualifications.(1) An assisted-living facility may apply to the department for a memory care endorsement on a form prescribed by the department. Only an assisted-living facility which qualifies for the endorsement may advertise itself as an endorsed memory care facility and may qualify for reimbursement rates established pursuant to section 71-473.(2) In order to qualify for the memory care endorsement, an assisted-living facility shall provide proof of meeting the qualifications established by the department pursuant to section 71-472.Source Laws 2016, LB698,  20. 
71-4712.  Transferred to section 38-1517.
71-4714.01.  Transferred to section 38-1518.
71-4715.  Transferred to section 38-1508.
71-472.  Memory care endorsement; qualifications; rules and regulations; fee.(1) The department shall adopt and promulgate rules and regulations establishing qualifications for a memory care endorsement. The qualifications shall be specific to those necessary for residents with cognitive impairment or dementia and shall include, but not be limited to, staffing enhancements, staff training, dedicated memory care programming, cultural competencies, facility requirements, and security issues.(2) The department shall award a memory care endorsement to an assisted-living facility licensed under the Health Care Facility Licensure Act upon application which provides proof of meeting the qualifications and payment of the required fee.(3) The department shall set the fee at an amount to cover the costs of administering the endorsement.Source Laws 2016, LB698,  21. 
71-4720.01.  Terms, defined.For purposes of sections 71-4720 to 71-4732.01:(1) Commission means Commission for the Deaf and Hard of Hearing;(2) Deaf means a hearing impairment, with or without amplification, which is so severe that the person with the impairment may have difficulty in auditorily processing spoken language without the use of an interpreter;(3) Hard of hearing means a hearing loss, permanent or fluctuating, which may adversely affect the ability to understand spoken language without the use of an interpreter or auxiliary aid; and(4) Licensed interpreter has the same meaning as in section 20-151.Source  Laws 1997, LB 851,  13;  Laws 2000, LB 352,  17;  Laws 2001, LB 334,  3;  Laws 2002, LB 22,  14.  
71-4720.  Commission for the Deaf and Hard of Hearing; created; members; appointment; qualifications.There is hereby created the Commission for the Deaf and Hard of Hearing which shall consist of nine members to be appointed by the Governor subject to approval by the Legislature. The commission members shall include three deaf persons, three hard of hearing persons, and three persons who have an interest in and knowledge of deafness and hearing loss issues. A majority of the commission members who are deaf or hard of hearing shall be able to express themselves through sign language. Employees of any state agency other than employees of the commission shall be eligible to serve on the commission. When appointing members to the commission, the Governor shall consider recommendations from individuals, organizations, and the public.Source  Laws 1979, LB 101,  1;  Laws 1981, LB 250,  1;  Laws 1987, LB 376,  16;  Laws 1995, LB 25,  1;  Laws 1997, LB 851,  12;  Laws 2019, LB248,  6.  
71-4721.  Commission; members; terms.Members of the commission shall serve for terms of three years and may not serve more than two consecutive three-year terms. A former member who has served two consecutive terms may be reappointed to the commission after at least one year of nonservice. The terms of the members shall expire on January 31 of the final year of their appointed term. As the terms of the appointees expire, succeeding appointees shall be representatives of the same segment of the public as the previous appointee, and such successors shall be appointed to three-year terms, except appointees to vacancies occurring from unexpired terms, in which case the successor shall serve out the term of his or her predecessor. Members whose terms have expired shall continue to serve until their successors have been appointed.Source  Laws 1979, LB 101,  2;  Laws 1987, LB 376,  17;  Laws 1997, LB 851,  14.  
71-4722.  Members; removal; grounds.Members may be removed by the Governor for inefficiency, neglect of duty, or misconduct in office, but only after delivering to the member a copy of the charges and affording such member an opportunity to be publicly heard in person, or by counsel, in his or her own defense, upon not less than ten days' notice.Source Laws 1979, LB 101,  3. 
71-4723.  Members; expenses.The members of the commission shall receive no compensation for their services as such but shall be reimbursed for expenses in attending meetings of the commission and in carrying out their official duties as provided in sections 81-1174 to 81-1177.Source  Laws 1979, LB 101,  4;  Laws 1981, LB 204,  131;  Laws 2020, LB381,  66.  
71-4724.  Commission; meetings; record; quorum.The commission shall hold at least four meetings a year, at a time and place decided by the commission, and shall keep a record of its proceedings, which shall be open to the public for inspection. The commission shall adopt and promulgate rules and regulations for the holding of special meetings. Written notice of the time and place of all meetings shall be mailed in advance to the office of each member of the commission by the secretary. Six members of the commission shall constitute a quorum.Source  Laws 1979, LB 101,  5;  Laws 1981, LB 250,  2;  Laws 1987, LB 376,  18;  Laws 1997, LB 851,  15.  
71-4725.  Commission; officers; elect.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.Source  Laws 1979, LB 101,  6;  Laws 1981, LB 250,  3;  Laws 1987, LB 376,  19;  Laws 1997, LB 851,  16.  
71-4726.  Commission; executive director; appoint.The commission shall appoint a qualified person to serve as executive director who shall serve with the advice and consent of the commission. When appointing an executive director preference may be given to a deaf or hard of hearing person.Source  Laws 1979, LB 101,  7;  Laws 1981, LB 250,  4;  Laws 1997, LB 851,  17.  
71-4727.  Commission; employees.The commission may employ any employees, including interpreters, it considers necessary to carry out the purposes of sections 71-4720 to 71-4732.01.Source  Laws 1979, LB 101,  8;  Laws 1995, LB 25,  2;  Laws 1999, LB 359,  1;  Laws 2001, LB 334,  4;  Laws 2002, LB 22,  15.  
71-4728.01.  Commission; mental health, alcoholism, and drug abuse services; service coordination.The commission shall not deliver direct mental health, alcoholism, and drug abuse services but shall assist in obtaining full access to comprehensive mental health, alcoholism, and drug abuse services for deaf or hard of hearing persons by providing service coordination for deaf or hard of hearing persons with mental health, alcoholism, and drug abuse disorders including:(1) Meeting the communication needs of deaf or hard of hearing persons including interpreter services and auxiliary aids;(2) Education and training for persons who provide treatment for mental health, alcoholism, and drug abuse disorders to deaf or hard of hearing persons; and(3) Placement of assistive-listening devices for deaf or hard of hearing persons in mental health, alcoholism, and drug abuse treatment facilities.Source  Laws 1995, LB 25,  4;  Laws 1997, LB 851,  19.  
71-4728.02.  Commission; mental health specialist advisor; duties.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.Source  Laws 1995, LB 25,  5;  Laws 1997, LB 851,  20.  
71-4728.03.  Commission; special advisory committee; members.The commission shall implement section 71-4728.02 with the advice of a special advisory committee appointed by the commission. The committee shall consist of five members as follows: Three counselors familiar with mental health, alcoholism, and drug abuse disorders in deaf or hard of hearing persons and two human services professionals. The Department of Health and Human Services and the commission shall each have a representative who serves on the committee in a nonvoting technical capacity.Source  Laws 1995, LB 25,  6;  Laws 1996, LB 1044,  682;  Laws 1997, LB 851,  21.  
71-4728.04.  Commission; telehealth system; powers and duties.(1) The commission may establish a telehealth system to provide access for deaf and hard of hearing persons in remote locations to mental health, alcoholism, and drug abuse services. The telehealth system may (a) provide access for deaf or hard of hearing persons to counselors who communicate in sign language and are knowledgeable in deafness and hearing loss issues, (b) promote access for hard of hearing persons through contacts with counselors in which hard of hearing persons receive both visual cues, or reading lips, and auditory cues, (c) offer remote interpreter services for deaf or hard of hearing persons to interact with counselors who are not fluent in sign language, and (d) promote participation in educational programs.(2) The commission shall set and charge a fee between the range of twenty and one hundred fifty dollars per hour for the use of the telehealth system. The commission shall remit all fees collected pursuant to this section to the State Treasurer for credit to the Telehealth System Fund.(3) For purposes of this section, telehealth has the same meaning as in section 71-8503.Source  Laws 2001, LB 334,  1;  Laws 2002, Second Spec. Sess., LB 49,  1.  
71-4728.05.  Interpreter Review Board; members; duties; expenses.(1) The commission shall appoint the Interpreter Review Board as required in section 20-156.(2) Members of the Interpreter Review Board shall be as follows:(a) A representative of the Department of Health and Human Services and the executive director of the commission or his or her designee, both of whom shall serve continuously and without limitation;(b) One qualified interpreter, appointed for a term to expire on June 30, 2008;(c) One representative of local government, appointed for a term to expire on June 30, 2008;(d) One deaf or hard of hearing person, appointed for a term to expire on June 30, 2009;(e) One qualified interpreter, appointed for a term to expire on June 30, 2009;(f) One deaf or hard of hearing person, appointed for a term to expire on June 30, 2010; and(g) One representative of local government, appointed for a term to expire on June 30, 2010.(3) Upon the expiration of the terms described in subsection (2) of this section, members other than those identified in subdivision (2)(a) of this section shall be appointed for terms of three years. No such member may serve more than two consecutive three-year terms beginning June 30, 2007, except that members whose terms have expired shall continue to serve until their successors have been appointed and qualified.(4) The commission may remove a member of the board for inefficiency, neglect of duty, or misconduct in office after delivering to such member a copy of the charges and a public hearing in accordance with the Administrative Procedure Act. If a vacancy occurs on the board, the commission shall appoint another member with the same qualifications as the vacating member to serve the remainder of the term. The members of the board shall receive no compensation but shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177 in attending meetings of the commission and in carrying out their official duties as provided in this section and section 20-156.(5) The board shall establish policies, standards, and procedures for evaluating and licensing interpreters, including, but not limited to, testing, training, issuance, renewal, and denial of licenses, continuing education and continuing competency assessment, investigation of complaints, and disciplinary actions against a license pursuant to section 20-156.Source  Laws 2002, LB 22,  17;  Laws 2006, LB 87,  5;  Laws 2007, LB296,  590;  Laws 2020, LB381,  67.  Cross References  Administrative Procedure Act, see section 84-920.
71-4728.  Commission; purpose; duties.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(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.Source  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.  Cross References  Telecommunications Relay System Act, see section 86-301.
71-4729.  Commission; cooperate with state agencies.The commission shall in fulfilling its responsibilities enumerated in section 71-4728 cooperate with any state agency having authority related to the problems of deaf or hard of hearing persons. Such agencies shall also cooperate with the commission. Avoidance of unnecessary duplication of state-delivered services to deaf or hard of hearing persons shall be a primary objective of such cooperation.Source  Laws 1979, LB 101,  10;  Laws 1981, LB 250,  6;  Laws 1995, LB 25,  7;  Laws 1997, LB 851,  22.  
71-473.  Department; duties.The department shall examine the rates paid for care for persons with cognitive impairment or dementia, including state spending for such care and reimbursement rates paid for such care under the medical assistance program pursuant to the Medical Assistance Act. The department shall make findings regarding cost-savings for providing care for persons with cognitive impairments or dementia in assisted-living facilities with a memory care endorsement. The department shall make recommendations regarding a higher or supplemental reimbursement rate for assisted-living facilities which have a memory care endorsement and provide care for persons with cognitive impairments or dementia at a savings to the state or medical assistance program.Source Laws 2016, LB698,  22. Cross References  Medical Assistance Act, see section 68-901.
71-4730.  Commission; agreements; contracts; enter into.The commission may make agreements with other state agencies and may contract with other individuals, organizations, corporations, associations, or other legal entities including private agencies or any department or agency of the federal government or the state or any political subdivision thereof, to carry out the functions and purposes of the commission.Source Laws 1979, LB 101,  11. 
71-4731.  Governor; gifts, grants, and donations; accept.The Governor may accept gifts, grants, and donations of money, personal property, and real property for use in expanding and improving services to deaf or hard of hearing persons of this state.Source  Laws 1979, LB 101,  12;  Laws 1997, LB 851,  23.  
71-4732.01.  Telehealth System Fund; created; use; investment.The Telehealth System Fund is created. The fund shall be used for any expenses related to the operation and maintenance of the telehealth system established in section 71-4728.04. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source Laws 2001, LB 334,  2. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-4732.  Commission for the Deaf and Hard of Hearing Fund; created; use; investment.There is hereby created a Commission for the Deaf and Hard of Hearing Fund to consist of such funds as the Legislature shall appropriate, any funds received under sections 20-156 and 71-4731, and any fees collected for interpreter services as provided in section 71-4728. The fund shall be used to administer sections 20-156 and 71-4720 to 71-4732.01, except that (1) money in the fund from fees collected for interpreter services shall be used only for expenses related to the provision of such services, (2) money in the fund may only be used to provide services pursuant to section 71-4728.04 if there is no money in the Telehealth System Fund, and (3) transfers may be made from the Commission for the Deaf and Hard of Hearing Fund to the General Fund at the direction of the Legislature. Any money in the Commission for the Deaf and Hard of Hearing Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source  Laws 1979, LB 101,  13;  Laws 1995, LB 7,  78;  Laws 1995, LB 25,  8;  Laws 1997, LB 851,  24;  Laws 1999, LB 359,  3;  Laws 2001, LB 334,  5;  Laws 2002, LB 22,  18;  Laws 2009, First Spec. Sess., LB3,  45. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-4734.  Act, how cited.Sections 71-4734 to 71-4744 shall be known and may be cited as the Infant Hearing Act.Source Laws 2000, LB 950,  1. 
71-4735.  Legislative findings and purpose.(1) The Legislature finds that:(a) Hearing loss occurs in newborns more frequently than any other health condition for which newborn screening is required;(b) Early detection of hearing loss in a child and early intervention and treatment before six months of age has been demonstrated to be highly effective in facilitating a child's language, communication, and educational development;(c) Children of all ages can receive reliable and valid screening for hearing loss in a cost-effective manner; and(d) Appropriate screening and identification of newborns and infants with hearing loss will facilitate early intervention and treatment in the critical time period for language development and may serve the public purposes of promoting the healthy development of children and reducing public expenditure for health care, special education, and related services.(2) The purpose of the Infant Hearing Act is:(a) To provide early detection of hearing loss in newborns at the birthing facility, or as soon after birth as possible for those children born outside of a birthing facility, to enable these children and their families and other caregivers to obtain needed multidisciplinary evaluation, treatment, and intervention services at the earliest opportunity and to prevent or mitigate the developmental delays and academic failures associated with late detection of hearing loss; and(b) To provide the state with the information necessary to effectively plan, establish, and evaluate a comprehensive system for the identification of newborns and infants who have a hearing loss.Source Laws 2000, LB 950,  2. 
71-4736.  Terms, defined.For purposes of the Infant Hearing Act:(1) Birth admission means the time after birth that the newborn remains in the hospital or other health care facility prior to discharge;(2) Birthing facility means a hospital or other health care facility in this state which provides birthing and newborn care services;(3) Confirmatory testing facility means a hospital or other health care facility in this state which provides followup hearing tests;(4) Infant means a child from thirty days through twelve months old;(5) Newborn means a child from birth through twenty-nine days old; and(6) Parent means a natural parent, stepparent, adoptive parent, legal guardian, or other legal custodian of a child.Source Laws 2000, LB 950,  3. 
71-4737.  Hearing loss; tracking system.The Legislature recognizes that it is necessary to track newborns and infants identified with a potential hearing loss or who have been evaluated and have been found to have a hearing loss for a period of time in order to render appropriate followup care. The Department of Health and Human Services shall determine and implement the most appropriate system for this state which is available to track newborns and infants identified with a hearing loss. It is the intent of the Legislature that the tracking system provide the department and Legislature with the information necessary to effectively plan and establish a comprehensive system of developmentally appropriate services for newborns and infants who have a potential hearing loss or who have been found to have a hearing loss and shall reduce the likelihood of associated disabling conditions for such newborns and infants.Source  Laws 2000, LB 950,  4;  Laws 2005, LB 301,  44;  Laws 2007, LB296,  591. 
71-4738.  Federal funding.The Department of Health and Human Services shall apply for all available federal funding to implement the Infant Hearing Act.Source  Laws 2000, LB 950,  5;  Laws 2005, LB 301,  45;  Laws 2007, LB296,  592. 
71-4739.  Birthing facility; confirmatory testing facility; reports required.(1) Every birthing facility shall annually report to the Department of Health and Human Services the number of:(a) Newborns born;(b) Newborns and infants recommended for a hearing screening test;(c) Newborns who received a hearing screening test during birth admission;(d) Newborns who passed a hearing screening test during birth admission if administered;(e) Newborns who did not pass a hearing screening test during birth admission if administered; and(f) Newborns recommended for monitoring, intervention, and followup care.(2) Every confirmatory testing facility shall annually report to the Department of Health and Human Services the number of:(a) Newborns and infants who return for a followup hearing test;(b) Newborns and infants who do not have a hearing loss based upon the followup hearing test; and(c) Newborns and infants who are shown to have a hearing loss based upon the followup hearing test.Source  Laws 2000, LB 950,  6;  Laws 2005, LB 301,  46;  Laws 2007, LB296,  593. 
71-474.  Comprehensive stroke center, designated thrombectomy-capable stroke center, primary stroke center, or acute stroke-ready hospital; restriction on advertisement.A person may not advertise to the public, by way of any medium, that a hospital is a comprehensive stroke center, a designated thrombectomy-capable stroke center, a primary stroke center, or an acute stroke-ready hospital unless the hospital is listed as such by the Department of Health and Human Services under the Stroke System of Care Act.Source  Laws 2016, LB722,  13;  Laws 2018, LB1034,  57.  Cross References  Stroke System of Care Act, see section 71-4201.
71-4740.  Hearing loss; educational information.(1) Every birthing facility shall educate the parents of newborns born in such facilities of the importance of receiving a hearing screening test and any necessary followup care. This educational information shall explain, in lay terms, the hearing screening test, the likelihood of the newborn having a hearing loss, followup procedures, and community resources, including referral for early intervention services under the Early Intervention Act. The educational information shall also include a description of the normal auditory, speech, and language developmental process in children. Education shall not be considered a substitute for the hearing screening test.(2) If a newborn is not born in a birthing facility, the Department of Health and Human Services shall educate the parents of such newborns of the importance of receiving a hearing screening test and any necessary followup care. The department shall also give parents information to assist them in having the test performed within three months after the date of the child's birth.Source  Laws 2000, LB 950,  7;  Laws 2005, LB 301,  47;  Laws 2007, LB296,  594. Cross References  Early Intervention Act, see section 43-2501.
71-4741.  Hearing screening; department; duties.(1) The Department of Health and Human Services shall determine which birthing facilities are administering hearing screening tests to newborns and infants on a voluntary basis and the number of newborns and infants screened. The department shall submit electronically an annual report to the Legislature stating the number of:(a) Birthing facilities administering voluntary hearing screening tests during birth admission;(b) Newborns screened as compared to the total number of newborns born in such facilities;(c) Newborns who passed a hearing screening test during birth admission if administered;(d) Newborns who did not pass a hearing screening test during birth admission if administered; and(e) Newborns recommended for followup care.(2) The Department of Health and Human Services, in consultation with the State Department of Education, birthing facilities, and other providers, shall develop approved screening methods and protocol for statewide hearing screening tests of substantially all newborns and infants.(3) Subject to available appropriations, the Department of Health and Human Services shall make the report described in this section available.Source  Laws 2000, LB 950,  8;  Laws 2005, LB 301,  48;  Laws 2007, LB296,  595;  Laws 2012, LB782,  118. 
71-4742.  Hearing screening test; newborn; standard of care.(1) Each birthing facility shall include a hearing screening test as part of its standard of care for newborns and shall establish a mechanism for compliance review. A hearing screening test shall be conducted on no fewer than ninety-five percent of the newborns born in this state.(2) If the number of newborns receiving a hearing screening test does not equal or exceed ninety-five percent of the total number of newborns born in this state on or before December 1, 2003, or falls below ninety-five percent at any time thereafter, the Department of Health and Human Services shall immediately adopt and promulgate rules and regulations implementing a hearing screening program. The hearing screening program shall provide for a hearing screening test that every newborn born in this state shall undergo and shall provide that the hearing screening test be completed during birth admission or, if that is not possible, no later than three months after birth. Notwithstanding this section, it is the goal of this state to achieve a one-hundred-percent screening rate.Source  Laws 2000, LB 950,  9;  Laws 2005, LB 301,  49;  Laws 2007, LB296,  596. 
71-4743.  Referral guidelines.The Department of Health and Human Services and the State Department of Education shall establish guidelines for when a referral shall be made for early intervention services under the Early Intervention Act. The guidelines shall include a request for an individual evaluation of a child suspected of being deaf or hard of hearing as defined in section 79-1118.01.Source  Laws 2000, LB 950,  10;  Laws 2005, LB 301,  50;  Laws 2007, LB296,  597. Cross References  Early Intervention Act, see section 43-2501.
71-4744.  Rules and regulations.The Department of Health and Human Services shall adopt and promulgate rules and regulations necessary to implement the Infant Hearing Act.Source  Laws 2000, LB 950,  11;  Laws 2005, LB 301,  51;  Laws 2007, LB296,  598. 
71-4745.  Terms, defined.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.Source Laws 2020, LB965,  4. 
71-4746.  Language assessment program; children from birth through five years of age; scope; report.(1) The State Department of Education, in collaboration with the Commission for the Deaf and Hard of Hearing, shall establish and coordinate a language assessment program for children who are deaf or hard of hearing. The program shall assess, monitor, and track the language developmental milestones for children from birth through five years of age who are deaf or hard of hearing. The scope of the program shall include children who use one or more communication modes in American Sign Language, English literacy, and, if applicable, spoken English and visual supplements.(2) Language assessments shall be given as needed to each child who is deaf or hard of hearing and who is less than six years of age in compliance with the Special Education Act and the federal Individuals with Disabilities Education Act, as such act existed on January 1, 2020. Such language assessments shall be provided in accordance with the provisions of this section and any recommendations adopted pursuant to this section.(3) On or before December 31, 2022, and on or before each December 31 thereafter, the State Department of Education and the Commission for the Deaf and Hard of Hearing shall publish a joint report that is specific to language and literacy developmental milestones for each age from birth through five years of age of children who are deaf or hard of hearing, including children who are deaf or hard of hearing and have another disability, relative to such children's peers who are not deaf or hard of hearing. Such report shall be based on existing data annually reported by the State Department of Education in compliance with the federally required state performance plan on pupils with disabilities. The State Department of Education and the Commission for the Deaf and Hard of Hearing shall each publish the report on their respective websites. The report shall be electronically submitted to the Education Committee of the Legislature and the Clerk of the Legislature.Source Laws 2020, LB965,  5. Cross References  Special Education Act, see section 79-1110.
71-4747.  Advisory committee; members; meetings; quorum; duties; termination.(1) The Commission for the Deaf and Hard of Hearing shall appoint an advisory committee to advise the commission regarding all aspects of the language assessment program established pursuant to section 71-4746. The advisory committee shall consist of fourteen members as follows:(a) One member shall be a credentialed teacher of the deaf who uses both American Sign Language and English during instruction;(b) One member shall be a credentialed teacher of the deaf who uses spoken English, with or without visual supplements, during instruction;(c) One member shall be a credentialed teacher of the deaf who has expertise in curriculum development and instruction for American Sign Language and English;(d) One member shall be a credentialed teacher of the deaf who has expertise in assessing language development in both American Sign Language and English;(e) One member shall be a speech language pathologist who has experience working with children from birth through five years of age;(f) One member shall be a professional with a linguistic background who conducts research on language outcomes of children who are deaf or hard of hearing and who uses both American Sign Language and English;(g) One member shall be a parent of a child who is deaf or hard of hearing and who uses both American Sign Language and English;(h) One member shall be a parent of a child who is deaf or hard of hearing and who uses spoken English with or without visual supplements;(i) One member shall be knowledgeable about teaching and using both American Sign Language and English in the education of children who are deaf or hard of hearing;(j) One member shall be a community member representing the deaf community;(k) One member shall be a community member representing the hard of hearing community;(l) One member shall be the state liaison for any regional programs for the education of children who are deaf or hard of hearing, coordinated through the State Department of Education, or the state liaison's designee;(m) One member shall be a member of the Commission for the Deaf and Hard of Hearing; and(n) One member shall be the coordinator of a network that provides service coordination for children with special needs who are below three years of age or the coordinator's designee.(2) On or before December 30, 2020, the executive director of the Commission for the Deaf and Hard of Hearing shall call an organizational meeting of the advisory committee. At such organizational meeting, the members shall elect a chairperson and vice-chairperson from the membership of the advisory committee. The advisory committee may meet at any time and at any place within the state on the call of the chairperson. A quorum of the advisory committee shall be six members. All actions of the advisory committee shall be by motion adopted by a majority of those members present when there is a quorum.(3) On or before July 1, 2022, the advisory committee shall develop specific action plans and make recommendations necessary to fully implement the language assessment program. The advisory committee shall:(a) Collaborate with the coordinating council for a network that provides service coordination for children with special needs who are below three years of age and an advisory council that provides policy guidance to the State Department of Education;(b) Solicit input from professionals trained in the language development and education of children who are deaf or hard of hearing on the selection of specific language developmental milestones;(c) Review and recommend the use of existing and available language assessments for children who are deaf or hard of hearing;(d) Recommend qualifications for identifying language professionals with knowledge of the use of evidence-based, best practices in English and American Sign Language who can be available to advocate at individualized family service plan or individualized education program team meetings;(e) Recommend qualifications for identifying language assessment evaluators with knowledge of the use of evidence-based, best practices with children who are deaf or hard of hearing and the resources for locating such evaluators; and(f) Recommend procedures and methods for communicating information on language acquisition, assessment results, milestones, assessment tools used, and progress of the child to the parent or legal guardian of such child and the teachers and other professionals involved in the early intervention and education of such child.(4) The specific action plans and recommendations developed by the advisory committee shall include, but are not limited to, the following:(a) Language assessments that include data collection and timely tracking of the child's development so as to provide information about the child's receptive and expressive language compared to such child's linguistically age-appropriate peers who are not deaf or hard of hearing;(b) Language assessments conducted in accordance with standardized norms and timelines in order to monitor and track language developmental milestones in receptive, expressive, social, and pragmatic language acquisition and developmental stages to show progress in American Sign Language literacy, English literacy, or both, for all children from birth through five years of age who are deaf or hard of hearing;(c) Language assessments delivered in the child's mode of communication and which have been validated for the specific purposes for which each assessment is used, and appropriately normed;(d) Language assessments administered by individuals who are proficient in American Sign Language for American Sign Language assessments and English for English assessments;(e) Use of assessment results, in addition to the results of the assessment required by federal law, for guidance in the language developmental discussions by individualized family service plan or individualized education program team meetings when assessing the child's progress in language development;(f) Reporting of assessment results to the parents or legal guardian of the child and any applicable agency;(g) Reporting of assessment results on an aggregated basis to the Education Committee of the Legislature, the Clerk of the Legislature, and the Governor; and(h) Reporting of assessment results to the members of the child's individualized family service plan or individualized education program team, which assessment results may be used, in addition to the results of the assessment required by federal law, by the child's individualized family service plan or individualized education program team, as applicable, to track the child's progress, and to establish or modify the individualized family service plan or individualized education program.(5) The advisory committee appointed pursuant to this section shall terminate on July 1, 2022.Source Laws 2020, LB965,  6. 
71-475.  Drug; provided to patient upon discharge; records; label; documentation.(1)(a) When administration of a drug occurs in a hospital pursuant to a chart order, hospital personnel may provide the unused portion of the drug to the patient upon discharge from the hospital for continued use in treatment of the patient if:(i) The drug has been opened and used for treatment of the patient at the hospital and is necessary for the continued treatment of the patient and would be wasted if not used by the patient; and(ii) The drug is:(A) In a multidose device or a multidose container; or(B) In the form of a liquid reconstituted from a dry stable state to a liquid resulting in a limited stability.(b) A drug provided to a patient in accordance with this subsection shall be labeled with the name of the patient, the name of the drug including the quantity if appropriate, the date the drug was provided, and the directions for use.(2)(a) A licensed health care practitioner authorized to prescribe controlled substances may provide to his or her patients being discharged from a hospital a sufficient quantity of drugs adequate, in the judgment of the practitioner, to continue treatment, which began in the hospital, until the patient is reasonably able to access a pharmacy.(b) The pharmacist-in-charge at the hospital shall maintain records of the drugs provided to patients in accordance with this subsection which shall include the name of the patient, the name of the drug including the quantity if appropriate, the date the drug was provided, and the directions for use.(3) If a drug is provided to a patient in accordance with this section:(a) The drug shall be kept in a locked cabinet or automated medication system with access only by a licensed health care practitioner authorized to prescribe, dispense, or administer controlled substances;(b) Prior to providing the drug to the patient, a written or electronic order shall be in the patients record;(c) The process at the hospital shall be under the direct supervision of the prescriber;(d) If the label is prepared by a nurse, the prescriber shall verify the drug and the directions for the patient;(e) When possible, the directions for the patient shall be preprinted on the label by the pharmacist;(f) The label shall include the name of the patient, the name of the drug including the quantity if appropriate, the date the drug was provided, and the directions for use;(g) A written information sheet shall be given to the patient for each drug provided; and(h) Documentation in a readily retrievable format shall be maintained each time a drug is provided to a patient from the hospital pharmacys inventory which shall include the date, the patient, the drug, and the prescriber.Source Laws 2017, LB166,  20. 
71-476.  Drugs and devices; labeling requirements.(1) In an assisted-living facility, a nursing facility, or a skilled nursing facility, all drugs and devices shall be labeled in accordance with currently accepted professional standards of care, including the appropriate accessory and cautionary instructions and the expiration date when applicable.(2) If the dosage or directions for a specific drug or device to be used in an assisted-living facility, a nursing facility, or a skilled nursing facility are changed by a health care practitioner authorized to prescribe controlled substances and credentialed under the Uniform Credentialing Act, a pharmacist shall apply a new label as soon as practicable with the correct dosage or directions to the drug or device package or reissue the drug or device with the correct label. To protect the safety of the resident of such a facility receiving the drug or device until the drug or device can be correctly labeled, the drug or device package shall be temporarily flagged with a sticker indicating dose change, drug change, or MAR, to alert nursing staff or an unlicensed person responsible for providing the drug or device to a resident that the dosage or directions have changed and the drug or device is to be provided according to the corrected information contained in the resident's MAR, if one exists.Source Laws 2020, LB1052,  8. Cross References  Uniform Credentialing Act, see section 38-101.
71-477.  Rural emergency hospital; license; eligibility; application; operation; requirements; original license; inactive.(1) A facility shall be eligible to apply for a license as a rural emergency hospital if such facility is:(a) Licensed as a critical access hospital;(b) Licensed as a general hospital with not more than fifty licensed beds located in a county in a rural area as defined in section 1886(d)(2)(D) of the federal Social Security Act; or(c) Licensed as a general hospital with not more than fifty licensed beds that is deemed as being located in a rural area pursuant to section 1886(d)(8)(E) of the federal Social Security Act.(2) A facility applying for licensure as a rural emergency hospital shall include with the application:(a) An action plan for initiating rural emergency hospital services, including a detailed transition plan that lists the specific services that the facility will retain, modify, add, and discontinue;(b) A description of services that the facility intends to provide on an outpatient basis; and(c) Such other information as required by rules and regulations adopted and promulgated by the department.(3) A rural emergency hospital shall not have inpatient beds, except that such hospital may have a unit that is a distinct part of such hospital and that is licensed as a skilled nursing facility to provide post-hospital extended care services.(4) A rural emergency hospital may own and operate an entity that provides ambulance services.(5) A licensed general hospital or critical access hospital that applies for and receives licensure as a rural emergency hospital and elects to operate as a rural emergency hospital shall retain its original license as a general hospital or critical access hospital. Such original license shall remain inactive while the rural emergency hospital license is in effect.Source  Laws 2022, LB697,  5.   Effective Date: July 21, 2022  
71-478.  Rural emergency hospital; federal reimbursement; contracts.A licensed rural emergency hospital may enter into any contracts required to be eligible for federal reimbursement as a rural emergency hospital.Source  Laws 2022, LB697,  6.   Effective Date: July 21, 2022  
71-479.  Rural emergency hospital; rules and regulations.The department shall adopt and promulgate rules and regulations establishing minimum standards for the establishment and operation of rural emergency hospitals in accordance with the Health Care Facility Licensure Act, including licensure of rural emergency hospitals.Source  Laws 2022, LB697,  7.   Effective Date: July 21, 2022  
71-4808.  Blood; who may consent to donate.Any individual of sound mind and seventeen years of age or more may consent to donate whole blood for the purpose of injecting, transfusing, or transplanting such blood in the human body. No person seventeen or eighteen years of age shall receive compensation for any donation of whole blood without parental permission or authorization.Source  Laws 1971, LB 799,  8;  Laws 1972, LB 1086,  3;  Laws 1977, LB 49,  1;   Laws 1992, LB 1178,  9.  
71-4813.  Eye tissue; pituitary gland; removal; when authorized.(1) When an autopsy is performed by the physician authorized by the county coroner to perform such autopsy, the physician or an appropriately qualified designee with training in ophthalmologic techniques, as provided for in subsection (2) of this section, may remove eye tissue of the decedent for the purpose of transplantation. The physician may also remove the pituitary gland for the purpose of research and treatment of hypopituitary dwarfism and of other growth disorders. Removal of the eye tissue or the pituitary gland shall only take place if the:(a) Autopsy was authorized by the county coroner;(b) County coroner receives permission from the person having control of the disposition of the decedent's remains pursuant to section 30-2223; and(c) Removal of eye tissue or of the pituitary gland will not interfere with the course of any subsequent investigation or alter the decedent's post mortem facial appearance.(2) An appropriately qualified designee of a physician with training in ophthalmologic techniques or a funeral director and embalmer licensed pursuant to the Funeral Directing and Embalming Practice Act upon (a) successfully completing a course in eye enucleation and (b) receiving a certificate of competence from the Department of Ophthalmology of the University of Nebraska Medical Center may enucleate the eyes of the donor.(3) The removed eye tissue or pituitary gland shall be transported to the Department of Health and Human Services or any desired institution or health facility as prescribed by section 38-1427.Source  Laws 1983, LB 60,  1;  Laws 1985, LB 130,  2;  Laws 1996, LB 1044,  683;  Laws 2007, LB296,  599;  Laws 2007, LB463,  1220;  Laws 2010, LB1036,  36;  Laws 2014, LB998,  17. Cross References  Funeral Directing and Embalming Practice Act, see section 38-1401.
71-4814.  Organ and tissue donations; legislative findings; protocol; development.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.Source  Laws 1987, LB 74,  1;  Laws 2010, LB1036,  37. Cross References  Revised Uniform Anatomical Gift Act, see section 71-4824.
71-4816.  Certificate of death; attestation required; statistical information.(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.Source  Laws 1987, LB 74,  3;  Laws 1996, LB 1044,  684;  Laws 2007, LB296,  600;  Laws 2010, LB1036,  38. 
71-4819.  Department of Health and Human Services; education regarding bone marrow donors; powers and duties.(1) The Department of Health and Human Services shall educate residents of the state about:(a) The need for bone marrow donors;(b) Patient populations benefiting from bone marrow donations;(c) How to acquire a free buccal swab kit from a bone marrow registry;(d) The procedures required to become registered as a potential bone marrow donor, including the procedures for determining tissue type; and(e) The medical procedures a donor must undergo to donate bone marrow and the attendant risks of the procedures.(2) The department shall provide information and educational materials to the public regarding bone marrow donation. The department shall seek assistance from the national marrow donor program to establish a system to distribute materials, ensure that the materials are updated periodically, and fully disclose the risks involved in donating bone marrow. The department shall make special efforts to educate and recruit persons of racial and ethnic minorities to volunteer as potential bone marrow donors.(3) The department may use the press, radio, and television and may place educational materials in appropriate health care facilities, blood banks, and state and local agencies. The department, in conjunction with the Director of Motor Vehicles, shall make educational materials available at all places where motor vehicle operators' licenses are issued or renewed.Source   Laws 1992, LB 1099,  1;  Laws 1996, LB 1044,  685;  Laws 2007, LB296,  601;  Laws 2020, LB541,  1.  
71-4820.  Employer; grant of leaves of absence; encouraged.An employer shall be encouraged to grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow.Source  Laws 1992, LB 1099,  2. 
71-4821.  Physician; inquire of new patient; provide information.Each physician may inquire of a new patient who is at least eighteen years of age and younger than forty-five years of age on the new patient's intake form as to whether the patient is registered with the bone marrow registry. If the patient states that the patient is not registered with the bone marrow registry, the physician may provide information developed and disseminated by the Department of Health and Human Services regarding the bone marrow registry to the patient.Source Laws 2020, LB541,  2. 
71-4822.  Donor Registry of Nebraska; establishment; duties; restriction on information.(1) The federally designated organ procurement organization for Nebraska shall use the information received from the Department of Motor Vehicles under section 60-494 and the Game and Parks Commission under section 37-406.01 to establish and maintain the Donor Registry of Nebraska. A procurement organization located outside of Nebraska may obtain information from the Donor Registry of Nebraska when a Nebraska resident is listed as a donor on the registry and is not located in Nebraska immediately preceding or at the time of his or her death. The federally designated organ procurement organization for Nebraska may receive donor information from sources other than the Department of Motor Vehicles and shall pay all costs associated with creating and maintaining the Donor Registry of Nebraska.(2) It is the intent of the Legislature that the Donor Registry of Nebraska facilitate organ and tissue donations and not inhibit such donations. A person does not need to be listed on the Donor Registry of Nebraska to be an organ and tissue donor.(3) No person shall obtain information from the Donor Registry of Nebraska for the purpose of fundraising or other commercial use. Information obtained from the Donor Registry of Nebraska may only be used to facilitate the donation process at the time of the donor's death. General statistical information may be provided upon request to the federally designated organ procurement organization for Nebraska.Source  Laws 2004, LB 559,  7;  Laws 2010, LB1036,  39;  Laws 2022, LB1082,  3.   Effective Date: July 21, 2022  
71-4824.  Act, how cited.Sections 71-4824 to 71-4845 shall be known and may be cited as the Revised Uniform Anatomical Gift Act.Source Laws 2010, LB1036,  1.
71-4825.  Terms, defined.For purposes of the Revised Uniform Anatomical Gift Act:(1) Adult means an individual who is at least eighteen years of age;(2) Agent means an individual:(A) Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or(B) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal;(3) Anatomical gift means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education;(4) Decedent means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than the Revised Uniform Anatomical Gift Act, a fetus. The term decedent does not include a blastocyst, embryo, or fetus that is the subject of an induced abortion;(5) Disinterested witness means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under section 71-4834;(6) Document of gift means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry;(7) Donor means an individual whose body or part is the subject of an anatomical gift;(8) Donor registry means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts;(9) Driver's license means a license or permit issued by the Department of Motor Vehicles to operate a vehicle, whether or not conditions are attached to the license or permit;(10) Eye bank means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes;(11) Guardian means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem;(12) Hospital means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state;(13) Identification card means a state identification card issued by the Department of Motor Vehicles;(14) Know means to have actual knowledge;(15) Minor means an individual who is under eighteen years of age;(16) Organ procurement organization means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization;(17) Parent means a parent whose parental rights have not been terminated;(18) Part means an organ, an eye, or tissue of a human being. The term does not include the whole body;(19) Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;(20) Physician means an individual authorized to practice medicine or osteopathy under the law of any state;(21) Procurement organization means an eye bank, organ procurement organization, or tissue bank;(22) Prospective donor means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal;(23) Reasonably available means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift;(24) Recipient means an individual into whose body a decedent's part has been or is intended to be transplanted;(25) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;(26) Refusal means a record created under section 71-4830 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part;(27) Sign means, with the present intent to authenticate or adopt a record:(A) To execute or adopt a tangible symbol; or(B) To attach to or logically associate with the record an electronic symbol, sound, or process;(28) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;(29) Technician means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator;(30) Tissue means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education;(31) Tissue bank means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue; and(32) Transplant hospital means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.Source Laws 2010, LB1036,  2.
71-4826.  Applicability of act.The Revised Uniform Anatomical Gift Act applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.Source Laws 2010, LB1036,  3.
71-4827.  Who may make anatomical gift before donor's death.Subject to section 71-4831, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 71-4828 by:(1) The donor, if the donor is an adult or if the donor is a minor and is:(A) Emancipated; or(B) Authorized under state law to apply for a driver's license and the donor is at least sixteen years of age;(2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;(3) A parent of the donor, if the donor is an unemancipated minor; or(4) The donor's guardian.Source Laws 2010, LB1036,  4.
71-4828.  Manner of making anatomical gift before donor's death.(a) A donor may make an anatomical gift:(1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;(2) In a will;(3) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or(4) As provided in subsection (b) of this section.(b) A donor or other person authorized to make an anatomical gift under section 71-4827 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and(2) State that it has been signed and witnessed as provided in subdivision (1) of this subsection.(c) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.(d) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.Source Laws 2010, LB1036,  5.
71-4829.  Amending or revoking anatomical gift before donor's death.(a) Subject to section 71-4831, a donor or other person authorized to make an anatomical gift under section 71-4827 may amend or revoke an anatomical gift by:(1) A record signed by:(A) The donor;(B) The other person; or(C) Subject to subsection (b) of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or(2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.(b) A record signed pursuant to subdivision (a)(1)(C) of this section must:(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and(2) State that it has been signed and witnessed as provided in subdivision (1) of this subsection.(c) Subject to section 71-4831, a donor or other person authorized to make an anatomical gift under section 71-4827 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a) of this section.Source Laws 2010, LB1036,  6.
71-4830.  Refusal to make anatomical gift; effect of refusal.(a) An individual may refuse to make an anatomical gift of the individual's body or part by:(1) A record signed by:(A) The individual; or(B) Subject to subsection (b) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;(2) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or(3) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.(b) A record signed pursuant to subdivision (a)(1)(B) of this section must:(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and(2) State that it has been signed and witnessed as provided in subdivision (1) of this subsection.(c) An individual who has made a refusal may amend or revoke the refusal:(1) In the manner provided in subsection (a) of this section for making a refusal;(2) By subsequently making an anatomical gift pursuant to section 71-4828 that is inconsistent with the refusal; or(3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.(d) Except as otherwise provided in subsection (h) of section 71-4831, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.Source Laws 2010, LB1036,  7.
71-4831.  Preclusive effect of anatomical gift, amendment, or revocation.(a) Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under section 71-4828 or an amendment to an anatomical gift of the donor's body or part under section 71-4829.(b) A donor's revocation of an anatomical gift of the donor's body or part under section 71-4829 is not a refusal and does not bar another person specified in section 71-4827 or 71-4832 from making an anatomical gift of the donor's body or part under section 71-4828 or 71-4833.(c) If a person other than the donor has made an unrevoked anatomical gift of the donor's body or part under section 71-4828 or an amendment to an anatomical gift of the donor's body or part under section 71-4829, another person who is not the donor may not make, amend, or revoke the gift of the donor's body or part under section 71-4833.(d) A revocation of an anatomical gift of a donor's body or part under section 71-4829 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under section 71-4828 or 71-4833.(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 71-4827, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 71-4827, an anatomical gift of a part for one or more of the purposes set forth in section 71-4827 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under section 71-4828 or 71-4833.(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.Source Laws 2010, LB1036,  8.
71-4832.  Who may make anatomical gift of decedent's body or part.(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.Source Laws 2010, LB1036,  9.
71-4833.  Manner of making, amending, or revoking anatomical gift of decedent's body or part.(a) A person authorized to make an anatomical gift under section 71-4832 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.(b) Subject to subsection (c) of this section, an anatomical gift by a person authorized under section 71-4832 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under section 71-4832 may be:(1) Amended only if a majority of the reasonably available members agree to the amending of the gift; or(2) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.(c) A revocation under subsection (b) of this section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.Source Laws 2010, LB1036,  10.
71-4834.  Persons that may receive anatomical gift; purpose of anatomical gift.(a) An anatomical gift may be made to the following persons named in the document of gift:(1) A hospital; the State Anatomical Board; an accredited medical school, dental school, college, or university; an organ procurement organization; or any other appropriate person, for research or education;(2) Subject to subsection (b) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part; or(3) An eye bank or tissue bank.(b) If an anatomical gift to an individual under subdivision (a)(2) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (g) of this section in the absence of an express, contrary indication by the person making the anatomical gift.(c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) of this section but identifies the purpose for which an anatomical gift may be used, the following rules apply:(1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank;(2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank;(3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ;(4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization; and(5) If the gift is any part other than an organ, an eye, or tissue, or the gift is all parts, and the gift is for the purpose of research or education, the gift passes to the State Anatomical Board.(d) For the purpose of subsection (c) of this section, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.(e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this section.(f) If a document of gift specifies only a general intent to make an anatomical gift by words such as donor, organ donor, or body donor, or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this section.(g) For purposes of subsections (b), (e), and (f) of this section the following rules apply:(1) If the part is an eye, the gift passes to the appropriate eye bank;(2) If the part is tissue, the gift passes to the appropriate tissue bank; and(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subdivision (a)(2) of this section, passes to the organ procurement organization as custodian of the organ.(i) If an anatomical gift does not pass pursuant to subsections (a) through (h) of this section or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.(j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under section 71-4828 or 71-4833 or if the person knows that the decedent made a refusal under section 71-4830 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.(k) Except as otherwise provided in subdivision (a)(2) of this section, nothing in the Revised Uniform Anatomical Gift Act affects the allocation of organs for transplantation or therapy.Source Laws 2010, LB1036,  11.
71-4835.  Search and notification.(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:(1) A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and(2) If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subdivision (a)(1) of this section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.(c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.Source Laws 2010, LB1036,  12.
71-4836.  Delivery of document of gift not required; right to examine.(a) A document of gift need not be delivered during the donor's lifetime to be effective.(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under section 71-4834.Source Laws 2010, LB1036,  13.
71-4837.  Rights and duties of procurement organization and others.(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.(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.Source Laws 2010, LB1036,  14.
71-4838.  Coordination of procurement and use.Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.Source Laws 2010, LB1036,  15.
71-4839.  Sale or purchase of parts prohibited; penalty.(a) Except as otherwise provided in subsection (b) of this section, a person that for valuable consideration, knowingly purchases or sells a part for transplantation, therapy, research, or education if removal of a part from an individual is intended to occur after the individual's death commits a Class IIIA felony.(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.Source Laws 2010, LB1036,  16.
71-4840.  Other prohibited acts; penalty.A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a Class IIIA felony.Source Laws 2010, LB1036,  17.
71-4841.  Immunity.(a) A person that acts with reasonable care in accordance with the Revised Uniform Anatomical Gift Act or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.(c) In determining whether an anatomical gift has been made, amended, or revoked under the Revised Uniform Anatomical Gift Act, a person may rely upon representations of an individual listed in subdivision (a)(2), (3), (4), (5), (6), (7), or (9) of section 71-4832 relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.Source Laws 2010, LB1036,  18.
71-4842.  Law governing validity; choice of law as to execution of document of gift; presumption of validity.(a) A document of gift is valid if executed in accordance with:(1) The Revised Uniform Anatomical Gift Act;(2) The laws of the state or country where it was executed; or(3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.(b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.(d) The age restrictions of the Revised Uniform Anatomical Gift Act do not nullify any designation of gift made on a driver's license or state identification card prior to January 1, 2011, by a person younger than sixteen years of age which was valid when made. Such person shall be considered a donor under the act, and if such a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.Source Laws 2010, LB1036,  19.
71-4843.  Effect of anatomical gift on advance health care directive.(a) For purposes of this section:(1) Advance health care directive means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor;(2) Declaration means a record signed by a prospective donor specifying the circumstances under which life-sustaining treatment may be withheld or withdrawn from the prospective donor; and(3) Health care decision means any decision regarding the health care of the prospective donor.(b) If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or, if none or the agent is not reasonably available, a surrogate acting under the Health Care Surrogacy Act or another person authorized by law other than the Revised Uniform Anatomical Gift Act to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section 71-4832. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part from a prospective donor may not be administered if it is determined that the administration of those measures would not provide the prospective donor with appropriate end-of-life care or it can be anticipated by reasonable medical judgment that such measures would cause the prospective donor's death other than by the prospective donor's underlying pathology. If the conflict is not resolved expeditiously, the direction of the declaration or advanced directive controls.Source  Laws 2010, LB1036,  20;  Laws 2018, LB104,  22. Cross References  Health Care Surrogacy Act, see section 30-601.
71-4844.  Uniformity of application and construction.In applying and construing the Revised Uniform Anatomical Gift Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact this uniform act.Source Laws 2010, LB1036,  21.
71-4845.  Relation to Electronic Signatures in Global and National Commerce Act.The Revised Uniform Anatomical Gift Act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(a) of that act, 15 U.S.C. 7001, or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).Source Laws 2010, LB1036,  22.
71-4901.  Chronic renal diseases; Department of Health and Human Services program; establish; definitions.The Department of Health and Human Services shall establish a program for the care and treatment of persons suffering from chronic renal diseases. This program shall assist persons suffering from chronic renal diseases who require life-saving care and treatment for such renal disease, but who are unable to pay for such services on a continuing basis. For the purposes of sections 71-4901 to 71-4905, chronic renal disease is defined as that stage of renal function in which the kidney is no longer able to maintain the integrity of the internal environment of the organism which condition is of a permanent and deteriorating state. Such condition shall include but not be limited to the following: (1) Chronic glomerulonephritis; (2) chronic pyelonephritis; (3) nephrotic syndrome; (4) polycystic kidney disease; (5) Kimmelstiel-Wilson disease; or (6) progressive focal glomemlites such as lupus nephritis. For the purposes of sections 71-4901 to 71-4905, life-saving care and treatment is that care and treatment which requires constant medical attention and frequent hospitalization capable of restoring life or extending life beyond that normal for a person suffering from chronic renal disease.Source  Laws 1972, LB 1270,  1;  Laws 1996, LB 1044,  686.  
71-4903.  Department of Health and Human Services; duties.The Department of Health and Human Services shall:(1) Develop standards for determining eligibility for care and treatment under this program and establish standards and qualifications of those patients unable to pay for treatment of chronic renal disease on a continuing basis. Such standards shall require that an individual:(a) Shall be a bona fide resident of the State of Nebraska;(b) Shall not be able to pay the total cost of such needed care and treatment without depriving himself or herself or those legally dependent upon him or her for their necessities of life;(c) Shall not have deprived himself or herself, directly or indirectly, of any property for the purpose of qualifying for assistance under the provisions of sections 71-4901 to 71-4905;(d) Shall not have relatives legally responsible to provide such care and treatment who refuse or neglect to provide such care and treatment in whole or in part without good cause; and(e) Shall be a proper candidate for such care and treatment, including willingness of that person to receive such care and treatment;(2) Assist in the development and expansion of programs for the care and treatment of persons suffering from chronic renal diseases, including dialysis, transplant, and other medical procedures and techniques which will have a life-saving effect in the care and treatment of persons suffering from these diseases;(3) Assist in the development of programs for the prevention of chronic renal diseases;(4) Extend financial assistance to persons suffering from chronic renal diseases in obtaining the medical, nursing, pharmaceutical, and technical services necessary in caring for such diseases, including the renting of home dialysis equipment, and extend financial assistance to donors to persons suffering from chronic renal diseases in obtaining the medical, nursing, pharmaceutical, and technical services necessary in caring for such donors;(5) Assist in equipping dialysis centers and the planning of such on the basis of consultation with the comprehensive health planning office; and(6) Institute and carry on an educational program among physicians, hospitals, public health departments, and the public concerning chronic renal diseases, including the dissemination of information and the conducting of educational programs concerning the prevention of chronic renal diseases and the methods for the care and treatment of persons suffering from these diseases.Source  Laws 1972, LB 1270,  3;  Laws 1996, LB 1044,  688;  Laws 2002, LB 93,  17.  
71-4904.  Chronic Renal Disease Cash Fund; created; purpose.There is hereby created in the Department of Health and Human Services the Chronic Renal Disease Cash Fund. The fund shall be used for payment of services, granting of financial assistance, and participation in other state and federal programs for the purpose of caring for persons suffering from chronic renal disease.Source  Laws 1972, LB 1270,  5;  Laws 1996, LB 1044,  689.  
71-4905.  Director of Administrative Services; warrants.The Director of Administrative Services is hereby authorized and directed to draw his warrants upon the proper funds in the state treasury for, but never in excess of, the sums herein specified upon presentation of proper vouchers. The State Treasurer shall pay the warrants out of money in the proper funds not otherwise appropriated.Source Laws 1972, LB 1270,  6. 
71-5001.  Act, how cited.Sections 71-5001 to 71-5004 shall be known and may be cited as the Compassion and Care for Medically Challenging Pregnancies Act.Source Laws 2017, LB506,  1. 
71-5002.  Terms, defined.For purposes of the Compassion and Care for Medically Challenging Pregnancies Act:(1) Department means the Department of Health and Human Services;(2) Lethal fetal anomaly means a fetal condition diagnosed before birth that will, with reasonable certainty, result in the death of the unborn child within three months after birth;(3) Nurse practitioner means any person licensed to practice as a nurse practitioner in this state;(4) Perinatal hospice means comprehensive support to the pregnant woman and her family that includes support from the time of diagnosis, through the time of birth and the death of the infant, and through the postpartum period. Supportive care may include, but is not limited to, counseling and medical care by maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, clergy, social workers, and specialty nurses focused on alleviating fear and ensuring that the woman and her family experience the life and death of their child in a comfortable and supportive environment; and(5) Physician means any person licensed to practice medicine and surgery in this state and includes osteopathic physicians.Source Laws 2017, LB506,  2. 
71-5003.  Lethal fetal anomaly; physician or nurse practitioner; powers.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.Source Laws 2017, LB506,  3. 
71-5004.  Department; website and information support sheet; duties; perinatal hospice program; request to include information.(1) The department shall create and organize geographically a list of perinatal hospice programs available in Nebraska and nationally. The department shall post such information on its website and shall include an information support sheet in English and Spanish on the website that can be printed and delivered by physicians and nurse practitioners to the pregnant woman as provided in section 71-5003. The website and information support sheet shall be completed and available within ninety days after August 24, 2017. The website and information support sheet shall include:(a) A statement indicating that perinatal hospice is an innovative and compassionate model of support for the pregnant woman who finds out that her baby has a life-limiting condition and who chooses to continue her pregnancy;(b) A general description of the health care services available from perinatal hospice programs; and(c) Pertinent contact information that includes any twenty-four-hour perinatal hospice services available.(2) A perinatal hospice program may request that the department include the program's informational material and contact information on the website. The department may add the information to the website upon request.Source Laws 2017, LB506,  4. 
71-501.01.  Acquired immunodeficiency syndrome; legislative findings.The Legislature recognizes that acquired immunodeficiency syndrome, AIDS, is an incurable life-threatening illness which is epidemic in the United States. Persons who suffer from acquired immunodeficiency syndrome and its related diseases and conditions must receive appropriate and humane care. All members of the general public must have accurate and complete information concerning the characteristics of the disease and the avoidance of infection. The public must be motivated to protect themselves and others against the spread of the disease. The successful containment of the epidemic calls for strong commitment and support from all segments of our society. It is the intent of the Legislature to authorize a program of services to protect the public health.Source Laws 1988, LB 1012,  1. 
71-501.02.  Acquired immunodeficiency syndrome program; department; powers.The Department of Health and Human Services may establish and administer a statewide acquired immunodeficiency syndrome program for the purpose of providing education, prevention, detection, and counseling services to protect the public health. In order to implement the program, the department may:(1) Apply for, receive, and administer federal and other public and private funds and contract for services, equipment, and property as necessary to use such funds for the purposes specified in section 71-501.01 and this section;(2) Provide education and training regarding acquired immunodeficiency syndrome and its related diseases and conditions to the general public and to health care providers. The department may charge fees based on administrative costs for such services. Any fees collected shall be deposited in the state treasury and shall be credited to the Health and Human Services Cash Fund;(3) Provide resource referrals for medical care and social services to persons affected by acquired immunodeficiency syndrome and its related diseases and conditions;(4) Contract or provide for voluntary, anonymous, or confidential screening, testing, and counseling services. All sites providing such services pursuant to a contract with the department shall provide services on an anonymous basis if so requested by the individual seeking such services. The department may charge and permit its contractors to charge an administrative fee or may request donations to defer the cost of the services but shall not deny the services for failure to pay any administrative fee or for failure to make a donation;(5) Cooperate with the Centers for Disease Control and Prevention of the Public Health Service of the United States Department of Health and Human Services or its successor for the purposes of research into and investigation of acquired immunodeficiency syndrome and its related diseases and conditions; and(6) To the extent funds are available, offer services that are culturally and language specific upon request to persons identified as having tested positive for the human immunodeficiency virus infection. Such services shall include, but not be limited to, posttest counseling, partner notification, and such early intervention services as case management, behavior modification and support services, laboratory quantification of lymphocyte subsets, immunizations, Mantoux testing for tuberculosis, prophylactic treatment, and referral for other medical and social services.Source  Laws 1988, LB 1012,  2;  Laws 1994, LB 819,  1;  Laws 1996, LB 1044,  487;  Laws 2005, LB 301,  12;  Laws 2007, LB296,  375. 
71-501.  Contagious diseases; local public health department; county board of health; powers and duties.(1) The local public health department as defined in section 71-1626 or the county board of a county that has not established or joined in the establishment of a local public health department shall make and enforce regulations to prevent the introduction and spread of contagious, infectious, and malignant diseases in the county or counties under its jurisdiction.(2) The county board of a county that has not established or joined in the establishment of a local public health department shall establish a county board of health consisting of three members: The sheriff, who shall be chairperson and quarantine officer; a physician who resides permanently in the county, but if the county has no resident physician, then one conveniently situated, who shall be medical adviser, and who shall be chosen by the county board; and the county clerk, who shall be secretary. The county board may pay the chairperson of the county board of health a salary for such services not to exceed fifty dollars per month, as fixed by the county board.(3) The local public health department or the county board of health shall make rules and regulations to safeguard the health of the people and prevent nuisances and insanitary conditions and shall enforce and provide penalties for the violation of such rules and regulations for the county or counties under its jurisdiction except for incorporated cities and villages. If the local public health department or the county board of health fails to enact such rules and regulations, it shall enforce the rules and regulations adopted and promulgated by the Department of Health and Human Services.Source   Laws 1901, c. 49,  1, p. 403;   Laws 1903, c. 62,  1, p. 358;   Laws 1911, c. 79,  1, p. 328;   Laws 1919, c. 55,  1, p. 159;   Laws 1919, c. 190, tit. VI, art. II, div. VIII,  1, p. 779;   Laws 1921, c. 71,  1, p. 270;   C.S.1922,  8222;   C.S.1929,  71-2301;   R.S.1943,  71-501;   Laws 1951, c. 228,  1, p. 829;  Laws 1971, LB 43,  1;  Laws 1996, LB 1044,  486;  Laws 1997, LB 197,  2;  Laws 1999, LB 272,  23;  Laws 2004, LB 1005,  53;  Laws 2007, LB296,  374. Annotations  A county board of health may be compelled by mandamus to abate a nuisance endangering health where the existence of the nuisance is not in dispute. State ex rel. Glatfelter v. Clark, 106 Neb. 59, 182 N.W. 569 (1921). Employment of a physician to aid in bringing an epidemic under control is within the express authority given the county board to provide regulations to prevent the spread of contagious diseases. Bartlett v. Dahlsten, 104 Neb. 738, 178 N.W. 636 (1920). A county is not liable for necessaries furnished to persons, not paupers, while quarantined for the public safety where such liability is not expressly imposed by statute. Dodge County v. Diers, 69 Neb. 361, 95 N.W. 602 (1903). 
71-502.01.  Sexually transmitted diseases; enumerated.Sexually transmitted diseases are declared to be contagious, infectious, communicable, and dangerous to the public health. Sexually transmitted diseases shall include, but not be limited to, syphilis, gonorrhea, chancroid, and such other sexually transmitted diseases as the Department of Health and Human Services may from time to time specify.Source   Laws 1919, c. 190, tit. VI, art. II, div. XVII,  1, p. 802;   C.S.1922,  8298;   C.S.1929,  71-2901;   R.S.1943,  71-1101;   R.S.1943, (1986),  71-1101;  Laws 1988, LB 1012,  4;  Laws 1996, LB 1044,  489;  Laws 2007, LB296,  377. 
71-502.02.  Sexually transmitted diseases; rules and regulations.The Department of Health and Human Services shall adopt and promulgate such rules and regulations as shall, in its judgment, be necessary to control and suppress sexually transmitted diseases.Source   Laws 1919, c. 190, tit. VI, art. II, div. XVII,  2, p. 802;   C.S.1922,  8299;   C.S.1929,  71-2902;   R.S.1943,  71-1102;   R.S.1943, (1986),  71-1102;  Laws 1988, LB 1012,  5;  Laws 1996, LB 1044,  490;  Laws 2007, LB296,  378. 
71-502.03.  Pregnant women; subject to syphilis test; fee; human immunodeficiency virus infection test.(1) Every physician, or other person authorized by law to practice obstetrics, who is attending a pregnant woman in the state for conditions relating to her pregnancy during the period of gestation or at delivery shall take or cause to be taken a sample of the blood of such woman at the time of the first examination and shall submit such sample to an approved laboratory for a standard serological test for syphilis. Every other person permitted by law to attend pregnant women in the state, but not permitted by law to take blood samples, shall cause such a sample of the blood of such pregnant women to be taken by a physician, duly licensed to practice either medicine and surgery or obstetrics, or other person authorized by law to take such sample of blood and have such sample submitted to an approved laboratory for a standard serological test for syphilis. The results of all such laboratory tests shall be reported to the Department of Health and Human Services on standard forms prescribed and furnished by the department. For the purpose of this section, a standard serological test shall be a test for syphilis approved by the department and shall be made at a laboratory approved to make such tests by the department. Such laboratory tests, as are required by this section, shall be made on request at the Department of Health and Human Services Laboratory. A fee may be established by rule and regulation by the department to defray no more than the actual cost of such tests. Such fee shall be deposited in the state treasury and credited to the Health and Human Services Cash Fund. In reporting every birth and stillbirth, physicians and others required to make such reports shall state on the portion of the certificate entitled For Medical and Health Use Only whether a blood test for syphilis has been made upon a specimen of blood taken from the woman who bore the child for which a birth or stillbirth certificate is filed and the approximate date when the specimen was taken. No birth certificate shall show the result of such test. If no test was made, the reason shall be stated. The department shall provide the necessary clerical, printing, and other expenses in carrying out this section.(2) Every physician or other person authorized by law to practice obstetrics who is attending a pregnant woman in the state for conditions relating to her pregnancy during the period of gestation shall administer or cause to be administered a test of the pregnant womans blood for the presence of the human immunodeficiency virus infection unless the pregnant woman has given written informed consent that she does not want to be tested.Source   Laws 1943, c. 149,  1, p. 536;   R.S.1943,  71-1116;   Laws 1967, c. 447,  1, p. 1390;  Laws 1983, LB 617,  19;  Laws 1986, LB 1047,  3;   R.S.1943, (1986),  71-1116;  Laws 1988, LB 1012,  6;  Laws 1996, LB 1044,  491;  Laws 2007, LB296,  379;  Laws 2018, LB285,  1.  
71-502.04.  Laboratory; test results; notification required.Any person who is in charge of a clinical laboratory in which a laboratory examination of any specimen derived from the human body yields microscopical, cultural, immunological, serological, or other evidence of disease, illness, or poisoning as the Department of Health and Human Services may from time to time specify shall promptly notify the official local health department or the Department of Health and Human Services of such findings.Each notification shall give the date and result of the test performed, the name and, when available, the age of the person from whom the specimen was obtained, and the name and address of the physician for whom such examination or test was performed. A legible copy of the laboratory report shall be deemed satisfactory notification.Source   Laws 1967, c. 447,  2, p. 1391;   R.S.1943, (1986),  71-1117;  Laws 1988, LB 1012,  7;   Laws 1992, LB 1019,  46;  Laws 1994, LB 819,  2;  Laws 1996, LB 1044,  492;  Laws 1997, LB 197,  3;  Laws 2007, LB296,  380. 
71-502.  Communicable diseases; rules and regulations; control; powers of Department of Health and Human Services.The Department of Health and Human Services shall have supervision and control of all matters relating to necessary communicable disease control and shall adopt and promulgate such proper and reasonable general rules and regulations as will best serve to promote communicable disease control throughout the state and prevent the introduction or spread of disease. In addition to such general and standing rules and regulations, (1) in cases of emergency in which the health of the people of the entire state or any locality in the state is menaced by or exposed to any contagious, infectious, or epidemic disease, illness, or poisoning, (2) when a local board of health having jurisdiction of a particular locality fails or refuses to act with sufficient promptitude and efficiency in any such emergency, or (3) in localities in which no local board of health has been established, as provided by law, the department shall adopt, promulgate, and enforce special communicable disease control rules and regulations such as the occasion and proper protection of the public health may require. All necessary expenses incurred in the enforcement of such rules and regulations shall be paid by the city, village, or county for and within which the same have been incurred. All officers and other persons shall obey and enforce such communicable disease control rules and regulations as may be adopted and promulgated by the department.Source   Laws 1919, c. 190, tit. VI, art. II, div. VIII,  2, p. 779;   C.S.1922,  8223;   C.S.1929,  71-2302;   R.S.1943,  71-502;  Laws 1977, LB 39,  149;  Laws 1986, LB 763,  1;  Laws 1988, LB 1012,  3;  Laws 1996, LB 1044,  488;  Laws 2007, LB296,  376. Annotations  Sanitation and quarantine are placed under the former Department of Health. Petersen Baking Co. v. Bryan, 124 Neb. 464, 247 N.W. 39 (1933). A physician, acting under orders of the state board of health to quarantine a disease in a county, may recover from the county actual expenses incurred and the value of services rendered. Shidler v. York County, 95 Neb. 652, 146 N.W. 949 (1914). 
71-503.01.  Reports required; confidentiality; limitations on use; immunity.(1) Whenever any statute of the state, any ordinance or resolution of a municipal corporation or political subdivision enacted pursuant to statute, or any rule or regulation of an administrative agency adopted and promulgated pursuant to statute allows medical practitioners or other persons to prescribe, provide, or dispense prescription drugs pursuant to sections 71-503.02 and 71-503.03 or requires medical practitioners or other persons to report cases of communicable diseases, including sexually transmitted diseases and other reportable diseases, illnesses, or poisonings or to give notification of positive laboratory findings to the Department of Health and Human Services or any county or city board of health, local public health department established pursuant to sections 71-1626 to 71-1636, city health department, local health agency, or state or local public official exercising the duties and responsibilities of any board of health or health department, such reports or notifications and the resulting investigations and such prescription, provision, or dispensing of prescription drugs and records pertaining thereto shall be confidential except as provided in this section, shall not be subject to subpoena, and shall be privileged and inadmissible in evidence in any legal proceeding of any kind or character and shall not be disclosed to any other department or agency of the State of Nebraska.(2) In order to further the protection of public health, such reports, notifications, and prescription, provision, or dispensing of prescription drugs may be disclosed by the Department of Health and Human Services, the official local health department, and the person making such reports or notifications to the Centers for Disease Control and Prevention of the Public Health Service of the United States Department of Health and Human Services or its successor in such a manner as to ensure that the identity of any individual cannot be ascertained except as required for delivery of such prescription drugs pursuant to sections 71-503.02 and 71-503.03. To further protect the public health, the Department of Health and Human Services, the official local health department, and the person making the report or notification may disclose to the official state and local health departments of other states, territories, and the District of Columbia such reports and notifications, including sufficient identification and information so as to ensure that such investigations as deemed necessary are made.(3) The appropriate board, health department, agency, or official may: (a) Publish analyses of reports, information, and the notifications described in subsection (1) of this section for scientific and public health purposes in such a manner as to ensure that the identity of any individual concerned cannot be ascertained; (b) discuss the report or notification with the attending physician; and (c) make such investigation as deemed necessary.(4) Any medical practitioner, any official health department, the Department of Health and Human Services, or any other person making such reports or notifications or prescribing, providing, or dispensing such prescription drugs pursuant to sections 71-503.02 and 71-503.03 shall be immune from suit for slander or libel or breach of privileged communication based on any statements contained in such reports and notifications or pursuant to prescription, provision, or dispensing of such prescription drugs.Source   Laws 1967, c. 441,  2, p. 1381;  Laws 1986, LB 763,  3;  Laws 1988, LB 1012,  8;   Laws 1991, LB 703,  25;  Laws 1994, LB 819,  3;  Laws 1996, LB 1044,  494;  Laws 1997, LB 197,  4;  Laws 2005, LB 301,  13;  Laws 2007, LB296,  382;  Laws 2013, LB528,  3. 
71-503.02.  Chlamydia, gonorrhea, or trichomoniasis; prescription oral antibiotic drugs; powers of medical professionals; restrictions.If a physician, a physician assistant, a nurse practitioner, or a certified nurse midwife licensed under the Uniform Credentialing Act diagnoses a patient as having chlamydia, gonorrhea, or trichomoniasis, the physician may prescribe, provide drug samples of, or dispense pursuant to section 38-2850, and the physician assistant, nurse practitioner, or certified nurse midwife may prescribe or provide drug samples of, prescription oral antibiotic drugs to that patient's sexual partner or partners without examination of that patient's partner or partners. Adequate directions for use and medication guides, where applicable, shall be provided along with additional prescription oral antibiotic drugs for any additional partner. The physician, physician assistant, nurse practitioner, or certified nurse midwife shall at the same time provide written information about chlamydia, gonorrhea, and trichomoniasis to the patient for the patient to provide to the partner or partners. The oral antibiotic drugs prescribed, provided, or dispensed pursuant to this section must be stored, dispensed, and labeled in accordance with federal and state pharmacy laws and regulations. Prescriptions for the patient's sexual partner or partners must include the partner's name. If the infected patient is unwilling or unable to deliver such prescription oral antibiotic drugs to his or her sexual partner or partners, such physician may prescribe, provide, or dispense pursuant to section 38-2850 and such physician assistant, nurse practitioner, or certified nurse midwife may prescribe or provide samples of the prescription oral antibiotic drugs for delivery to such partner, if such practitioner has sufficient locating information.Source  Laws 2013, LB528,  1;  Laws 2019, LB62,  1.  Cross References  Uniform Credentialing Act, see section 38-101.
71-503.03.  Chlamydia or gonorrhea; prescription oral antibiotic drugs; rules and regulations.The Department of Health and Human Services may adopt and promulgate rules and regulations to carry out section 71-503.02.Source Laws 2013, LB528,  2.
71-503.  Contagious, infectious, or other disease or illness; poisoning; duty of attending physician; violation; penalty.All attending physicians shall report to the official local health department or the Department of Health and Human Services promptly, upon the discovery thereof, the existence of any contagious or infectious diseases and such other disease, illness, or poisoning as the Department of Health and Human Services may from time to time specify. Any attending physician, knowing of the existence of any such disease, illness, or poisoning, who fails promptly to report the same in accordance with this section, shall be deemed guilty of a Class V misdemeanor for each offense.Source   Laws 1919, c. 190, tit. VI, art. II, div. VIII,  3, p. 780;   C.S.1922,  8224;   C.S.1929,  71-2303;   R.S.1943,  71-503;   Laws 1967, c. 441,  1, p. 1381;  Laws 1977, LB 39,  150;  Laws 1986, LB 763,  2;  Laws 1996, LB 1044,  493;  Laws 2007, LB296,  381. 
71-504.  Sexually transmitted diseases; minors; treatment without consent of parent; expenses.The chief medical officer as designated in section 81-3115, or local director of health, if a physician, or his or her agent, or any physician, upon consultation by any person as a patient, shall, with the consent of such person who is hereby granted the right of giving such consent, make or cause to be made a diagnostic examination for sexually transmitted diseases and prescribe for and treat such person for sexually transmitted diseases including prophylactic treatment for exposure to sexually transmitted diseases whenever such person is suspected of having a sexually transmitted disease or contact with anyone having a sexually transmitted disease. All such examinations and treatment may be performed without the consent of or notification to the parent, parents, guardian, or any other person having custody of such person. In any such case, the chief medical officer, or local director of health, if a physician, or his or her agent, or the physician shall incur no civil or criminal liability by reason of having made such diagnostic examination or rendered such treatment, but such immunity shall not apply to any negligent acts or omissions. The chief medical officer or local director of health, if a physician, or his or her agent, or the physician shall incur no civil or criminal liability by reason of any adverse reaction to medication administered if reasonable care is taken to elicit from any such person who is under twenty years of age any history of sensitivity or previous adverse reaction to medication. Parents shall be liable for expenses of such treatment to minors under their custody. In the event such person is affected with a sexually transmitted disease, the chief medical officer or local director of health may cause an interview of the person by a sexually transmitted disease investigator to secure the names of sexual contacts so that appropriate investigation can be made in an effort to locate and eliminate sources of infection.Source  Laws 1972, LB 1096,  1;   R.S.1943, (1986),  71-1121;  Laws 1988, LB 1012,  9;  Laws 1996, LB 1044,  495;  Laws 1997, LB 197,  5;  Laws 2007, LB296,  383. 
71-505.  Department of Health and Human Services; public health; duties; fees.(1) The Department of Health and Human Services shall secure and maintain in all parts of the state an official record and notification of reportable diseases, illnesses, or poisonings, provide popular literature upon the different branches of public health and distribute the same free throughout the state in a manner best calculated to promote that interest, prepare and exhibit in the different communities of the state public health demonstrations accompanied by lectures and audiovisual aids, provide preventive services to protect the public, and in all other effective ways prevent the origin and spread of disease and promote the public health.(2) The department may provide technical services to and on behalf of health care providers and may charge fees for such services in an amount sufficient to recover the administrative costs of such services. Such fees shall be paid into the state treasury and credited to the Health and Human Services Cash Fund.Source   Laws 1919, c. 190, tit. VI, art. II, div. VIII,  5, p. 781;   C.S.1922,  8226;   C.S.1929,  71-2305;   R.S.1943,  71-505;  Laws 1986, LB 763,  4;  Laws 1988, LB 1012,  10;  Laws 1996, LB 1044,  496;  Laws 2005, LB 301,  14;  Laws 2007, LB296,  384. 
71-506.  Violations; penalty; enforcement.Any person violating any of the provisions of sections 71-501 to 71-505, 71-507 to 71-513, or 71-514.01 to 71-514.05 or section 71-531 shall be guilty of a Class V misdemeanor for each offense, except that any person who willfully or maliciously discloses, except as provided by law, the content of any reports, notifications, or resulting investigations made under section 71-502 and subject to the confidentiality provisions of section 71-503.01 shall be guilty of a Class III misdemeanor. The Attorney General or the county attorney 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 or any private or public entity for violating sections 71-501 to 71-505, 71-507 to 71-513, or 71-514.01 to 71-514.05 or section 71-531 and the rules and regulations adopted and promulgated under such sections.Source   Laws 1919, c. 190, tit. VI, art. II, div. VIII,  6, p. 781;   C.S.1922,  8227;   C.S.1929,  71-2306;   R.S.1943,  71-506;  Laws 1977, LB 39,  151;  Laws 1988, LB 1012,  11;  Laws 1989, LB 157,  8;  Laws 1994, LB 819,  4.  
71-507.  Terms, defined.For purposes of sections 71-507 to 71-513:(1) Alternate facility means a facility other than a health care facility that receives a patient transported to the facility by an emergency services provider;(2) Department means the Department of Health and Human Services;(3) Designated physician means the physician representing the emergency services provider as identified by name, address, and telephone number on the significant exposure report form. The designated physician shall serve as the contact for notification in the event an emergency services provider believes he or she has had significant exposure to an infectious disease or condition. Each emergency services provider shall designate a physician as provided in subsection (2) of section 71-509;(4) Emergency services provider means an emergency care provider licensed pursuant to the Emergency Medical Services Practice Act or authorized pursuant to the EMS Personnel Licensure Interstate Compact, a sheriff, a deputy sheriff, a police officer, a state highway patrol officer, a funeral director, a paid or volunteer firefighter, a school district employee, and a person rendering emergency care gratuitously as described in section 25-21,186;(5) Funeral director means a person licensed under section 38-1414 or an employee of such a person with responsibility for transport or handling of a deceased human;(6) Funeral establishment means a business licensed under section 38-1419;(7) Health care facility has the meaning found in sections 71-419, 71-420, 71-424, and 71-429 or any facility that receives patients of emergencies who are transported to the facility by emergency services providers;(8) Infectious disease or condition means hepatitis B, hepatitis C, meningococcal meningitis, active pulmonary tuberculosis, human immunodeficiency virus, diphtheria, plague, hemorrhagic fevers, rabies, and such other diseases as the department may by rule and regulation specify;(9) Patient means an individual who is sick, injured, wounded, deceased, or otherwise helpless or incapacitated;(10) Patient's attending physician means the physician having the primary responsibility for the patient as indicated on the records of a health care facility;(11) Provider agency means any law enforcement agency, fire department, emergency medical service, funeral establishment, or other entity which employs or directs emergency services providers or public safety officials;(12) Public safety official means a sheriff, a deputy sheriff, a police officer, a state highway patrol officer, a paid or volunteer firefighter, a school district employee, and any civilian law enforcement employee or volunteer performing his or her duties, other than those as an emergency services provider;(13) Responsible person means an individual who has been designated by an alternate facility to carry out the facility's responsibilities under sections 71-507 to 71-513. A responsible person may be designated on a case-by-case basis;(14) Significant exposure means a situation in which the body fluids, including blood, saliva, urine, respiratory secretions, or feces, of a patient or individual have entered the body of an emergency services provider or public safety official through a body opening including the mouth or nose, a mucous membrane, or a break in skin from cuts or abrasions, from a contaminated needlestick or scalpel, from intimate respiratory contact, or through any other situation when the patient's or individual's body fluids may have entered the emergency services provider's or public safety official's body or when an airborne pathogen may have been transmitted from the patient or individual to the emergency services provider or public safety official; and(15) Significant exposure report form means the form used by the emergency services provider to document information necessary for notification of significant exposure to an infectious disease or condition.Source  Laws 1989, LB 157,  1;  Laws 1991, LB 244,  2;   Laws 1992, LB 1138,  20;  Laws 1994, LB 1210,  111;  Laws 1996, LB 1044,  497;  Laws 1996, LB 1155,  27;  Laws 1997, LB 138,  46;  Laws 1997, LB 608,  5;  Laws 1999, LB 781,  1;  Laws 2000, LB 819,  95;  Laws 2003, LB 55,  1;  Laws 2006, LB 1115,  36;  Laws 2007, LB296,  385;  Laws 2007, LB463,  1182;  Laws 2018, LB1034,  58;  Laws 2020, LB1002,  45.  Cross References   Emergency Medical Services Practice Act, see section 38-1201.  EMS Personnel Licensure Interstate Compact, see section 38-3801. 
71-508.  Exposure to infectious disease or condition; form; department; duties.The department shall prescribe a form for use by the emergency services provider to notify the health care facility or alternate facility and the designated physician that the provider believes he or she has had a significant exposure to an infectious disease or condition. The form shall include identifying information for the emergency services provider, the provider agency, the designated physician, the patient, the patient's attending physician, and the receiving health care facility or alternate facility, a description of the exposure, a description of the protective measures and equipment used by the provider to minimize exposure hazard, and such other information as is necessary to protect the public health and safety and to implement sections 71-507 to 71-513.Source  Laws 1989, LB 157,  2;  Laws 1997, LB 138,  47.  
71-509.  Health care facility or alternate facility; emergency services provider; significant exposure; completion of form; reports required; tests; notification; costs.(1) If a health care facility or alternate facility determines that a patient treated or transported by an emergency services provider has been diagnosed or detected with an infectious airborne disease, the health care facility or alternate facility shall notify the department as soon as practical but not later than forty-eight hours after the determination has been made. The department shall investigate all notifications from health care facilities and alternate facilities and notify as soon as practical the physician medical director of each emergency medical service with an affected emergency medical care provider employed by or associated with the service, the fire chief of each fire department with an affected firefighter employed by or associated with the department, the head of each law enforcement agency with an affected peace officer employed by or associated with the agency, the funeral director of each funeral establishment with an affected individual employed by or associated with the funeral establishment, and any emergency services provider known to the department with a significant exposure who is not employed by or associated with an emergency medical service, a fire department, a law enforcement agency, or a funeral establishment. Notification of affected individuals shall be made as soon as practical.(2) Whenever an emergency services provider believes he or she has had a significant exposure while acting as an emergency services provider, he or she may complete a significant exposure report form. A copy of the completed form shall be given by the emergency services provider to the health care facility or alternate facility, to the emergency services provider's supervisor, and to the designated physician.(3) Upon receipt of the significant exposure form, if a patient has been diagnosed during the normal course of treatment as having an infectious disease or condition or information is received from which it may be concluded that a patient has an infectious disease or condition, the health care facility or alternate facility receiving the form shall notify the designated physician pursuant to subsection (5) of this section. If the patient has not been diagnosed as having an infectious disease or condition and upon the request of the designated physician, the health care facility or alternate facility shall request the patient's attending physician or other responsible person to order the necessary diagnostic testing of the patient to determine the presence of an infectious disease or condition. Upon such request, the patient's attending physician or other responsible person shall order the necessary diagnostic testing subject to section 71-510. Each health care facility shall develop a policy or protocol to administer such testing and assure confidentiality of such testing.(4) Results of tests conducted under this section and section 71-510 shall be reported by the health care facility or alternate facility that conducted the test to the designated physician and to the patient's attending physician, if any.(5) Notification of the patient's diagnosis of infectious disease or condition, including the results of any tests, shall be made orally to the designated physician within forty-eight hours of confirmed diagnosis. A written report shall be forwarded to the designated physician within seventy-two hours of confirmed diagnosis.(6) Upon receipt of notification under subsection (5) of this section, the designated physician shall notify the emergency services provider of the exposure to infectious disease or condition and the results of any tests conducted under this section and section 71-510.(7) The notification to the emergency services provider shall include the name of the infectious disease or condition diagnosed but shall not contain the patient's name or any other identifying information. Any person receiving such notification shall treat the information received as confidential and shall not disclose the information except as provided in sections 71-507 to 71-513.(8) The provider agency shall be responsible for the costs of diagnostic testing required under this section and section 71-510, except that if a person renders emergency care gratuitously as described in section 25-21,186, such person shall be responsible for the costs.(9) The patient's attending physician shall inform the patient of test results for all tests conducted under such sections.Source  Laws 1989, LB 157,  3;  Laws 1997, LB 138,  48;  Laws 1999, LB 781,  2;  Laws 2020, LB1002,  46.  
71-51,102.  Automated external defibrillator; use; conditions; liability.(1) For purposes of this section:(a) Automated external defibrillator means a device that:(i) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without intervention of an operator, whether defibrillation should be performed; and(ii) Automatically charges and requests delivery of an electrical impulse to an individual's heart when it has identified a condition for which defibrillation should be performed;(b) Emergency medical service means an emergency medical service as defined in section 38-1207;(c) Health care facility means a health care facility as defined in section 71-413;(d) Health care practitioner facility means a health care practitioner facility as defined in section 71-414; and(e) Health care professional means any person who is licensed, certified, or registered by the Department of Health and Human Services and who is authorized within his or her scope of practice to use an automated external defibrillator.(2) Except for the action or omission of a health care professional acting in such capacity or in a health care facility, no person who delivers emergency care or treatment using an automated external defibrillator shall be liable in any civil action to respond in damages as a result of his or her acts of commission or omission arising out of and in the course of rendering such care or treatment in good faith. Nothing in this subsection shall be construed to (a) grant immunity for any willful, wanton, or grossly negligent acts of commission or omission or (b) limit the immunity provisions for certain health care professionals as provided in section 38-1232.(3) A person acquiring an automated external defibrillator shall notify the local emergency medical service of the existence, location, and type of the defibrillator and of any change in the location of such defibrillator unless the defibrillator was acquired for use in a private residence, a health care facility, or a health care practitioner facility.Source  Laws 1999, LB 498,  1;  Laws 2000, LB 819,  111;  Laws 2003, LB 667,  12;  Laws 2005, LB 176,  1;  Laws 2007, LB296,  605;  Laws 2007, LB463,  1221. 
71-51,103.  Nebraska Emergency Medical System Operations Fund; created; use; investment.There is hereby created the Nebraska Emergency Medical System Operations Fund. The fund may receive gifts, bequests, grants, fees, or other contributions or donations from public or private entities. The fund shall be used to carry out the purposes of the Statewide Trauma System Act and the Emergency Medical Services Practice Act, including activities related to the design, maintenance, or enhancement of the statewide trauma system, support of emergency medical services programs, and support for the emergency medical services programs for children. 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.Source  Laws 2001, LB 191,  2;  Laws 2007, LB296,  606;  Laws 2007, LB463  1222;  Laws 2012, LB782,  119;  Laws 2013, LB222,  28. Cross References   Emergency Medical Services Practice Act, see section 38-1201.  Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.  Statewide Trauma System Act, see section 71-8201. 
71-510.  Emergency services provider; public safety official; significant exposure; testing; conditions.(1) The patient or individual shall be informed that he or she has the right to consent to the test for presence of an infectious disease or condition and that if the patient or individual refuses the test, such refusal will be communicated to the emergency services provider or public safety official.(2) If the patient or individual is unconscious or incapable of signing an informed consent form, the consent may be obtained from the patient's or individual's next of kin or legal guardian.(3) If an emergency services provider has a significant exposure which, in the opinion of the designated physician, could involve the transmission of hepatitis B, hepatitis C, or human immunodeficiency virus, the patient's attending physician shall initiate the necessary diagnostic blood tests of the patient. If the patient or patient's representative refuses to grant consent for such test and a sample of the patient's blood is available, the blood shall be tested for hepatitis B, hepatitis C, or human immunodeficiency virus. If the patient or patient's guardian refuses to grant consent and a sample of the patient's blood is not available, the patient's refusal shall be communicated to the designated physician who shall inform the emergency services provider. The emergency services provider may petition the district court for an order mandating that the test be performed.(4) If a public safety official believes he or she has had a significant exposure while performing his or her duties, other than those as an emergency services provider, which, in the opinion of a physician, could involve exposure to an infectious disease or condition, the public safety official or the provider agency which employs or directs him or her may (a) request the individual who may have transmitted the infectious disease or condition to consent to having the necessary diagnostic blood tests performed or (b) if the individual refuses to consent to such tests, petition the district court for an order mandating that the necessary diagnostic blood tests of such individual be performed.(5) If a patient or individual is deceased, no consent shall be required to test for the presence of an infectious disease or condition.(6) If the State of Nebraska serves as guardian for the patient or individual and refuses to grant consent to test for the presence of an infectious disease or condition, the state as guardian (a) shall be subject to the jurisdiction of the district court upon the filing of a petition for an order mandating that the test be performed and (b) shall not have sovereign immunity in such suit or proceeding.Source  Laws 1989, LB 157,  4;  Laws 1997, LB 138,  49;  Laws 2003, LB 55,  2;  Laws 2006, LB 1115,  37.  
71-511.  Information or test; confidentiality.(1) Information concerning any patient, individual, or test results obtained under sections 71-507 to 71-513 shall be maintained as confidential by the health care facility or alternate facility that received or tested the patient or individual, the designated physician, the patient's attending physician, the emergency services provider, the public safety official, and the provider agency except as provided by the Health Care Facility Licensure Act and sections 71-503.01 and 71-507 to 71-513 and the rules and regulations adopted and promulgated pursuant to such act and sections. Such information shall not be made public upon subpoena, search warrant, discovery proceedings, or otherwise except as provided by such act and sections.(2) The information described in subsection (1) of this section may be released with the written consent of the patient or individual or, if the patient or individual is deceased or incapable of giving informed consent, with the written consent of his or her next of kin, legal guardian, or personal representative of his or her estate.Source  Laws 1989, LB 157,  5;  Laws 1997, LB 138,  50;  Laws 2000, LB 819,  96;  Laws 2003, LB 55,  3.  Cross References  Health Care Facility Licensure Act, see section 71-401.
71-512.  Health care facilities; provider agencies; adopt procedures.All health care facilities and provider agencies subject to sections 71-507 to 71-513 shall adopt written procedures regarding infectious diseases or conditions which address preexposure safeguards, notification procedures, and postexposure risk-reduction methods.Source  Laws 1989, LB 157,  6;  Laws 1997, LB 138,  51.  
71-513.  Immunity from liability; when.Any health care facility, provider agency, or agent, employee, administrator, physician, or other representative of such health care facility or provider agency who in good faith provides or fails to provide notification, testing, or other action as required by sections 71-507 to 71-513 shall have immunity from any liability, either criminal or civil, that might result by reason of such action or inaction.Source Laws 1989, LB 157,  7. 
71-514.01.  Health care providers; legislative findings.The Legislature hereby finds that health care providers are at risk of significant exposure to the blood and other body fluids of patients as a result of their work. The testing of such body fluids for the presence of infectious disease is necessary to provide postexposure risk-reduction methods and treatment, if necessary, for health care providers when there is a significant exposure to the body fluid of a patient and there are unresolved issues of consent by the patient to the testing of such fluids.Source Laws 1994, LB 819,  7. 
71-514.02.  Health care providers; terms, defined.For purposes of sections 71-514.01 to 71-514.05:(1) Health care provider means a person who provides care to a patient which is designed to improve the status of his or her health whether this care is rendered in the hospital or community setting and whether the provider is paid or voluntary. Health care provider does not mean an emergency services provider as defined in section 71-507;(2) Infectious disease or condition means hepatitis B, hepatitis C, meningococcal meningitis, active pulmonary tuberculosis, human immunodeficiency virus, and such other diseases as the Department of Health and Human Services may from time to time specify;(3) Patient means an individual who is sick, injured, wounded, or otherwise helpless or incapacitated;(4) Provider agency means any health care facility or agency which is in the business of providing health care services; and(5) Significant exposure to blood or other body fluid means a specific eye, mouth, other mucous membrane, nonintact skin, or parenteral contact with blood or other materials known to transmit infectious diseases that results from providing care.Source  Laws 1994, LB 819,  8;  Laws 1996, LB 1044,  498;  Laws 1997, LB 138,  52;  Laws 2003, LB 667,  6;  Laws 2007, LB296,  386. 
71-514.03.  Health care providers; significant exposure to blood or body fluid; procedure; cost; restriction.(1) If a health care provider has a significant exposure to the blood or body fluid of a patient as determined and documented by a designated representative of the provider agency according to a written protocol:(a) The patient shall be informed that he or she has the right to consent to the diagnostic testing of his or her body fluid for presence of an infectious disease or condition and that if the patient refuses to grant consent, such refusal shall be communicated to the health care provider;(b) If the patient is unconscious or incapable of signing an informed consent form, the consent may be obtained from the patient's next of kin or legal guardian;(c) If the patient or patient's next of kin or legal guardian refuses to grant consent for such testing and a sample of the patient's blood or other body fluid is available, the sample shall be tested for the presence of infectious disease or condition. If an available sample of blood or other body fluid is tested without consent, the patient or patient's next of kin or legal guardian shall be notified that the available sample is being tested and informed of the purpose of the test and test results. If the human immunodeficiency virus test result is positive, the health care provider or provider agency shall refer the patient for posttest counseling. If the patient or patient's guardian refuses to grant consent and a sample of the patient's blood or other body fluid is not available, the health care provider or provider agency may petition the district court for an order mandating that the testing be performed; or(d) If a patient dies without the opportunity to consent to such testing, testing for the presence of an infectious disease or condition shall be conducted.(2) The provider agency shall be responsible for the cost of such diagnostic testing.(3) Routine drawing of a sample of blood or other body fluid for the purpose of testing for infectious disease or conditions without obtaining consent shall be prohibited.Source Laws 1994, LB 819,  9. 
71-514.04.  Health care providers; patient information or test results; confidentiality; release of information.(1) Information concerning any patient or test results obtained under section 71-514.03 shall be maintained as confidential by the health care facility that received or tested the patient, the patient's attending physician, the health care provider, and the provider agency except as provided by section 71-503.01 and the rules and regulations adopted and promulgated pursuant to such section. Such information shall not be made public upon subpoena, search warrant, discovery proceedings, or otherwise except as provided by such section.(2) The information described in subsection (1) of this section may be released with the written consent of the patient or, if the patient is deceased or incapable of giving informed consent, with the written consent of his or her next of kin, legal guardian, or personal representative of his or her estate.Source Laws 1994, LB 819,  10. 
71-514.05.  Health care providers; provider agencies; adopt procedures.Provider agencies shall adopt written procedures regarding infectious diseases or conditions which address preexposure safeguards and postexposure risk-reduction methods. All records regarding any tests made as a result of a significant exposure of a health care provider to blood or other body fluid shall be kept only for the purpose of medical surveillance of an occupational risk of the health care provider.Source Laws 1994, LB 819,  11. 
71-516.01.  Act, how cited.Sections 71-516.01 to 71-517 shall be known and may be cited as the Alzheimer's Special Care Disclosure Act.Source  Laws 1994, LB 1210,  162;  Laws 2016, LB698,  23.  
71-516.02.  Legislative findings and declarations.The Legislature finds and declares that:(1) Certain nursing homes and related facilities and assisted-living facilities claim special care for persons who have Alzheimer's disease, dementia, or a related disorder;(2) It is in the public interest to provide for the protection of consumers regarding the accuracy and authenticity of such claims;(3) The provisions of the Alzheimer's Special Care Disclosure Act are intended to require such facilities to disclose the reasons for those claims, require records of such disclosures to be kept, and require the department to examine the records; and(4) Alzheimers special care units provide care for persons with cognitive impairments and dementia and assisted-living facilities would benefit from a memory care endorsement.Source  Laws 1994, LB 1210,  163;  Laws 1996, LB 1044,  499;  Laws 1997, LB 608,  6;  Laws 2007, LB296,  387;  Laws 2016, LB698,  24.  
71-516.03.  Terms, defined.For purposes of the Alzheimer's Special Care Disclosure Act:(1) Alzheimer's special care unit means any nursing facility or assisted-living facility, licensed by the department, which secures, segregates, or provides a special program or special unit for residents with a diagnosis of probable Alzheimer's disease, dementia, or a related disorder and which advertises, markets, or otherwise promotes the facility as providing specialized Alzheimer's disease, dementia, or related disorder care services;(2) Department means the Department of Health and Human Services; and(3) Memory care endorsement has the same meaning as in section 71-422.01.Source  Laws 1994, LB 1210,  164;  Laws 1996, LB 1044,  500;  Laws 1997, LB 608,  7;  Laws 2007, LB296,  388;  Laws 2016, LB698,  25.  
71-516.04.  Facility; disclosures required; department; duties.(1) Any facility which offers to provide or provides care for persons with Alzheimer's disease, dementia, or a related disorder by means of an Alzheimer's special care unit shall disclose the form of care or treatment provided that distinguishes such form as being especially applicable to or suitable for such persons. The disclosure shall be made to the department and to any person seeking placement within an Alzheimer's special care unit. The department shall examine all such disclosures in the records of the department as part of the facility's license renewal procedure at the time of licensure or relicensure.(2) The information disclosed shall explain the additional care provided in each of the following areas:(a) The Alzheimer's special care unit's written statement of its overall philosophy and mission which reflects the needs of residents afflicted with Alzheimer's disease, dementia, or a related disorder;(b) The process and criteria for placement in, transfer to, or discharge from the unit;(c) The process used for assessment and establishment of the plan of care and its implementation, including the method by which the plan of care evolves and is responsive to changes in condition;(d) Staff training and continuing education practices which shall include, but not be limited to, four hours annually for direct care staff. Such training shall include topics pertaining to the form of care or treatment set forth in the disclosure described in this section. The requirement in this subdivision shall not be construed to increase the aggregate hourly training requirements of the Alzheimer's special care unit;(e) The physical environment and design features appropriate to support the functioning of cognitively impaired adult residents;(f) The frequency and types of resident activities;(g) The involvement of families and the availability of family support programs; and(h) The costs of care and any additional fees.(3) In order to qualify for a memory care endorsement, an assisted-living facility making a disclosure under this section shall comply with section 71-472.Source  Laws 1994, LB 1210,  165;  Laws 1996, LB 1044,  501;  Laws 2007, LB296,  389;  Laws 2010, LB849,  23;  Laws 2016, LB698,  26.  
71-517.  Memory care endorsement.An assisted-living facility which is an Alzheimers special care unit may apply for a memory care endorsement as provided in the Health Care Facility Licensure Act but shall not advertise itself as an endorsed memory care unit without such endorsement.Source Laws 2016, LB698,  27. Cross References  Health Care Facility Licensure Act, see section 71-401.
71-5172.  Transferred to section 38-1201.
71-5173.  Transferred to section 38-1202.
71-5174.  Transferred to section 38-1203.
71-5175.  Transferred to section 38-1204.
71-5176.  Transferred to section 38-1215.
71-5177.  Transferred to section 38-1216.
71-5178.  Transferred to section 38-1217.
71-5179.  Transferred to section 38-1218.
71-5181.01.  Transferred to section 38-1222.
71-5183.  Transferred to section 38-1223.
71-5184.  Transferred to section 38-1224.
71-5185.  Transferred to section 38-1225.
71-5186.  Transferred to section 38-1226.
71-5187.  Transferred to section 38-1227.
71-5188.  Transferred to section 38-1228.
71-5189.  Transferred to section 38-1229.
71-519.  Screening test; duties; disease management; duties; fees authorized; immunity from liability.(1) All infants born in the State of Nebraska shall be screened for phenylketonuria, congenital primary hypothyroidism, biotinidase deficiency, galactosemia, hemoglobinopathies, medium-chain acyl co-a dehydrogenase (MCAD) deficiency, X-linked adrenoleukodystrophy (X-ALD), mucopolysaccharidoses type 1 (MPS-1), Pompe disease, spinal muscular atrophy, and such other inherited or congenital infant or childhood-onset diseases as the Department of Health and Human Services may from time to time specify. Confirmatory tests shall be performed if a presumptive positive result on the screening test is obtained.(2) The attending physician shall collect or cause to be collected the prescribed blood specimen or specimens and shall submit or cause to be submitted the same to the laboratory designated by the department for the performance of such tests within the period and in the manner prescribed by the department. If a birth is not attended by a physician and the infant does not have a physician, the person registering the birth shall cause such tests to be performed within the period and in the manner prescribed by the department. The laboratory shall within the period and in the manner prescribed by the department perform such tests as are prescribed by the department on the specimen or specimens submitted and report the results of these tests to the physician, if any, the hospital or other birthing facility or other submitter, and the department. The laboratory shall report to the department the results of such tests that are presumptive positive or confirmed positive within the period and in the manner prescribed by the department.(3) The hospital or other birthing facility shall record the collection of specimens for tests for metabolic diseases and the report of the results of such tests or the absence of such report. For purposes of tracking, monitoring, and referral, the hospital or other birthing facility shall provide from its records, upon the department's request, information about the infant's and mother's location and contact information, and care and treatment of the infant.(4)(a) The department shall have authority over the use, retention, and disposal of blood specimens and all related information collected in connection with disease testing conducted under subsection (1) of this section.(b) The department shall adopt and promulgate rules and regulations relating to the retention and disposal of such specimens. The rules and regulations shall: (i) Be consistent with nationally recognized standards for laboratory accreditation and shall comply with all applicable provisions of federal law; (ii) require that the disposal be conducted in the presence of a witness who may be an individual involved in the disposal or any other individual; and (iii) provide for maintenance of a written or electronic record of the disposal, verified by such witness.(c) The department shall adopt and promulgate rules and regulations relating to the use of such specimens and related information. Such use shall only be made for public health purposes and shall comply with all applicable provisions of federal law. The department may charge a reasonable fee for evaluating proposals relating to the use of such specimens for public health research and for preparing and supplying specimens for research proposals approved by the department.(5) The department shall prepare written materials explaining the requirements of this section. The department shall include the following information in the pamphlet:(a) The nature and purpose of the testing program required under this section, including, but not limited to, a brief description of each condition or disorder listed in subsection (1) of this section;(b) The purpose and value of the infant's parent, guardian, or person in loco parentis retaining a blood specimen obtained under subsection (6) of this section in a safe place;(c) The department's procedures for retaining and disposing of blood specimens developed under subsection (4) of this section; and(d) That the blood specimens taken for purposes of conducting the tests required under subsection (1) of this section may be used for research pursuant to subsection (4) of this section.(6) In addition to the requirements of subsection (1) of this section, the attending physician or person registering the birth may offer to draw an additional blood specimen from the infant. If such an offer is made, it shall be made to the infant's parent, guardian, or person in loco parentis at the time the blood specimens are drawn for purposes of subsection (1) of this section. If the infant's parent, guardian, or person in loco parentis accepts the offer of an additional blood specimen, the blood specimen shall be preserved in a manner that does not require special storage conditions or techniques. The attending physician or person making the offer shall explain to the parent, guardian, or person in loco parentis at the time the offer is made that the additional blood specimen can be used for future identification purposes and should be kept in a safe place. The attending physician or person making the offer may charge a fee that is not more than the actual cost of obtaining and preserving the additional blood specimen.(7) The person responsible for causing the tests to be performed under subsection (2) of this section shall inform the parent or legal guardian of the infant of the tests and of the results of the tests and provide, upon any request for further information, at least a copy of the written materials prepared under subsection (5) of this section.(8) Dietary and therapeutic management of the infant with phenylketonuria, primary hypothyroidism, biotinidase deficiency, galactosemia, hemoglobinopathies, MCAD deficiency, X-linked adrenoleukodystrophy (X-ALD), mucopolysaccharidoses type 1 (MPS-1), Pompe disease, spinal muscular atrophy, or such other inherited or congenital infant or childhood-onset diseases as the department may from time to time specify shall be the responsibility of the child's parent, guardian, or custodian with the aid of a physician selected by such person.(9) Except for acts of gross negligence or willful or wanton conduct, any physician, hospital or other birthing facility, laboratory, or other submitter making reports or notifications under sections 71-519 to 71-524 shall be immune from criminal or civil liability of any kind or character based on any statements contained in such reports or notifications.Source  Laws 1987, LB 385,  1;  Laws 1988, LB 1100,  99;  Laws 1996, LB 1044,  502;  Laws 1998, LB 1073,  85;  Laws 2001, LB 432,  10;  Laws 2002, LB 235,  1;  Laws 2003, LB 119,  2;  Laws 2005, LB 301,  15;  Laws 2007, LB296,  390;  Laws 2017, LB91,  1;  Laws 2020, LB755,  32.  Annotations  The newborn screening statutes do not violate the free exercise provisions of the Nebraska Constitution. In re Interest of Anaya, 276 Neb. 825, 758 N.W.2d 10 (2008). A neutral law of general applicability need not be supported by a compelling governmental interest even though it may have an incidental effect of burdening religion. Douglas Cty. v. Anaya, 269 Neb. 552, 694 N.W.2d 601 (2005). The assertion of a hybrid rights constitutional claim does not implicate a strict scrutiny review of a statute. A party may not force the government to meet the strict scrutiny standard by merely asserting claims of violations of more than one constitutional right. Douglas Cty. v. Anaya, 269 Neb. 552, 694 N.W.2d 601 (2005). This section does not unlawfully burden a parent's right to freely exercise his or her religion, nor does it unlawfully burden parental rights. The Nebraska Supreme Court determines that using a rational basis test for review, this section is constitutional. Douglas Cty. v. Anaya, 269 Neb. 552, 694 N.W.2d 601 (2005). This section is a neutral law of general applicability. It applies to all babies born in the state and does not discriminate as to which babies must be tested. Its purpose is not directed at religious practices or beliefs. Douglas Cty. v. Anaya, 269 Neb. 552, 694 N.W.2d 601 (2005). 
71-5190.  Transferred to section 38-1230.
71-5191.  Transferred to section 38-1220.
71-5193.  Transferred to section 38-1231.
71-5194.  Transferred to section 38-1232.
71-5195.  Transferred to section 38-1233.
71-5196.  Transferred to section 38-1234.
71-5197.  Transferred to section 38-1235.
71-5198.  Transferred to section 38-1236.
71-5199.  Transferred to section 38-1237.
71-520.  Food supplement and treatment services program; authorized; fees.The Department of Health and Human Services shall establish a program to provide food supplements and treatment services to individuals suffering from the inherited or congenital infant or childhood-onset diseases set forth in section 71-519. To defray or help defray the costs of any program which may be established by the department under this section, the department may prescribe and assess a scale of fees for the food supplements. The maximum prescribed fee for food supplements shall be no more than the actual cost of providing such supplements. No fees may be charged for formula, and up to two thousand dollars of pharmaceutically manufactured food supplements shall be available to an individual without fees each year. For purposes of this section, pharmaceutically manufactured foods are chemically synthesized or processed for the treatment of inborn errors in metabolism.Source  Laws 1987, LB 385,  2;  Laws 1996, LB 1044,  503;  Laws 1997, LB 610,  1;  Laws 1998, LB 1073,  86;  Laws 2002, LB 235,  2;  Laws 2005, LB 301,  16;  Laws 2007, LB296,  391;  Laws 2017, LB91,  2.  
71-5201.  Terms, defined.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.Source  Laws 1975, LB 571,  1;  Laws 1993, LB 152,  1.  
71-5202.  Medical education residency program; established; purpose; implementation.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.Source Laws 1975, LB 571,  2. 
71-5203.  Residency programs; funding; use of funds.The Legislature shall provide funding for residency programs as provided in sections 71-5201 to 71-5209. Such funding shall be in addition to all other funding of the University of Nebraska, including current sources of funding house officer education and training. The funding for the residency programs shall not be used to supplant funds for other programs under the administration of the College of Medicine or the University of Nebraska Medical Center.Residency program funding shall include, but not be limited to:(1) Stipends for the residents in training;(2) Salaries of appropriate faculty and auxiliary support personnel and operational budget items; and(3) Initial construction costs and costs to remodel existing facilities to serve as model ambulatory practice units within a residency program.Source  Laws 1975, LB 571,  3;  Laws 1993, LB 152,  2.  
71-5204.  Funding; designation of minimum enrollments and priorities.Funding provided by section 71-5203 shall be sufficient to provide for the following minimal residency enrollments:(1) During fiscal year 1975-76, funding shall be provided for two hundred eighty-three residencies, including forty-three in the family practice residency program;(2) During fiscal year 1976-77, funding shall be provided for three hundred seven residencies, including fifty-five in the family practice residency program;(3) During fiscal year 1977-78, funding shall be provided for three hundred seventeen residencies, including fifty-seven in the family practice residency program;(4) During fiscal year 1978-79, and each year thereafter, funding shall be provided for three hundred twenty residencies, including sixty in the family practice residency program;(5) During fiscal year 1975-76 and each year thereafter, funding shall be provided for thirty additional family practice residencies in the State of Nebraska through associated residency programs; and(6) Any residencies which may be funded, in addition to those provided in this section, shall be family practice residencies. Beginning July 1, 1976, any expansion of residencies, other than family practice residencies, shall be initiated only when the demand for such specialties is shown by patient numbers and need in the State of Nebraska.Source Laws 1975, LB 571,  4. 
71-5205.  Family practice residency program; how funded.The family practice residency program may be funded in part by grants provided by the Department of Health and Human Services or agencies of the federal government. If such grants are provided, the Legislature shall not provide funding for such program.Source  Laws 1975, LB 571,  5;  Laws 1996, LB 1044,  711;  Laws 2007, LB296,  607. 
71-5206.01.  Family practice residents; funding of stipends and benefits.(1) The Legislature may provide funding to the Office of Rural Health for the purpose of funding the cost of resident stipends and benefits, which funding may include health insurance, professional liability insurance, disability insurance, medical education expenses, continuing competency expenses, pension benefits, moving expenses, and meal expenses in family practice residency programs based in Nebraska but which are not under a contract pursuant to section 71-5206. The resident stipends and benefits funded in this section shall apply only to residents who begin family practice residency training at a qualifying institution in years beginning on or after January 1, 1993. The total funding provided in the form of stipend and benefit support per resident to a family practice residency program under this section shall not exceed the total funding provided in the form of stipend and benefit support per resident to a family practice residency program under section 71-5203.(2) Upon receiving an itemized statement of the cost of stipends and benefits of a family practice residency program from a sponsoring institution and upon determining that the sponsoring institution is not receiving funds under a contract pursuant to section 71-5206, the office may reimburse such institution fifty percent of such cost for each family practice resident in the program. The office may reimburse such institution twenty-five percent of the remaining cost per family practice resident for each year that one of the program's graduates practices family medicine in Nebraska, up to a maximum of three years for each graduate, and an additional twenty-five percent of the remaining cost per resident for each of the program's graduates who practices family medicine in an area of Nebraska classified as of January 1, 1991, by the United States Secretary of Health and Human Services as Medicare Locale 16. The total number of residents receiving annual financial payments made under this section shall not exceed nine students during any school year.Source  Laws 1993, LB 152,  4;  Laws 1999, LB 241,  2;  Laws 2002, LB 1021,  89;  Laws 2012, LB782,  120;  Laws 2013, LB222,  29. 
71-5206.  Family practice residents; contract with other programs to assist in training; when; requirements.If the College of Medicine of the University of Nebraska is unable to train the number of family practice residents provided for in section 71-5204, the college may, with the approval of the Board of Regents of the University of Nebraska, contract with other associated programs which:(1) Comply with the essentials for residency training in family practice as specified by the American Medical Association;(2) Are approved or eligible for approval by the Accreditation Council for Graduate Medical Education;(3) Are affiliated with an accredited medical school; and(4) Are not receiving funds pursuant to section 71-5206.01.Source  Laws 1975, LB 571,  6;  Laws 1993, LB 152,  3;  Laws 1999, LB 241,  1.  
71-5207.  Recruitment and training of physicians for rural communities; program established; purpose.There is hereby created a program for the recruitment and training of physicians for rural communities, which shall be included as a program in the general budget of the University of Nebraska Medical Center. The purpose of such program shall be to coordinate, train, and recruit physicians to meet the medical service needs of rural communities.Source Laws 1975, LB 571,  7. 
71-5208.  Dental education program in comprehensive dentistry; established; purpose; implementation.There is hereby established a statewide dental education program in comprehensive dentistry for the purpose of training dentists in the clinic of the College of Dentistry during the senior year of dental training. The Dean of the College of Dentistry of the University of Nebraska shall be responsible for implementing the comprehensive dentistry program.Source Laws 1975, LB 571,  8. 
71-5209.  Comprehensive dentistry program; funding.Funding for the comprehensive dentistry program shall be provided in the manner set forth in section 71-5203.Source Laws 1975, LB 571,  9. 
71-521.  Tests and reports; department; duties.The Department of Health and Human Services shall prescribe the tests, the test methods and techniques, and such reports and reporting procedures as are necessary to implement sections 71-519 to 71-524.Source  Laws 1987, LB 385,  3;  Laws 1996, LB 1044,  504;  Laws 2002, LB 235,  3;  Laws 2005, LB 301,  17;  Laws 2007, LB296,  392. 
71-5210.  Act, how cited.Sections 71-5210 to 71-5212 shall be known and may be cited as the Primary Care Provider Act.Source  Laws 1994, LB 1223,  69;  Laws 2012, LB782,  121. 
71-5211.  Primary care, defined.For purposes of the Primary Care Provider Act, primary care means family practice, general practice, general internal medicine, general pediatrics, general surgery, obstetrics/gynecology, and psychiatry.Source  Laws 1994, LB 1223,  70;  Laws 1996, LB 1155,  43.  
71-5212.  Postgraduate residency training program; University of Nebraska Medical Center and Creighton University Medical Center; develop plans.The University of Nebraska Medical Center and the Creighton University Medical Center shall each develop a separate plan to increase the number of graduates from its medical center who enter a primary care postgraduate residency training program. Each report shall include numerical goals and timeframes for such increases. Each medical center shall request input from the Nebraska Rural Health Advisory Commission in the formation of the plans.Source  Laws 1994, LB 1223,  71;  Laws 1996, LB 1155,  44.  
71-522.  Central data registry; department; duties; use of data.The Department of Health and Human Services shall establish and maintain a central data registry for the collection and storage of reported data concerning inherited or congenital infant or childhood-onset diseases. The department shall use reported data to ensure that all infants born in the State of Nebraska are tested for diseases set forth in section 71-519 or by rule and regulation. The department shall also use reported data to evaluate the quality of the statewide system of newborn screening and develop procedures for quality assurance. Reported data in anonymous or statistical form may be made available by the department for purposes of research.Source  Laws 1987, LB 385,  4;  Laws 1996, LB 1044,  505;  Laws 1998, LB 1073,  87;  Laws 2002, LB 235,  4;  Laws 2005, LB 301,  18;  Laws 2007, LB296,  393;  Laws 2017, LB91,  3.  
71-523.  Departments; powers and duties; adopt rules and regulations; contracting laboratories; requirements; fees.(1) The Department of Health and Human Services shall provide educational and resource services regarding screened diseases to persons affected by sections 71-519 to 71-524 and to the public generally.(2) The Department of Health and Human Services may apply for, receive, and administer assessed fees and federal or other funds which are available for the purpose of implementing sections 71-519 to 71-524 and may contract for or provide services as may be necessary to implement such sections.(3) The Department of Health and Human Services shall adopt and promulgate rules and regulations to implement sections 71-519 to 71-524.(4) The Department of Health and Human Services shall contract, following competitive bidding, with a single laboratory to perform tests, report results, set forth the fee the laboratory will charge for testing, and collect and submit fees pursuant to sections 71-519 to 71-524. The department shall require the contracting laboratory to: (a) Perform testing for all of the diseases pursuant to section 71-519 and in accordance with rules and regulations adopted and promulgated pursuant to this section, (b) maintain certification under the federal Clinical Laboratories Improvement Act of 1967, 42 U.S.C. 263a, as such act and section existed on July 20, 2002, (c) participate in appropriate quality assurance proficiency testing programs offered by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or other professional laboratory organization, as determined by the Department of Health and Human Services, (d) maintain sufficient contingency arrangements to ensure testing delays of no longer than twenty-four hours in the event of natural disaster or laboratory equipment failure, and (e) charge to the hospital, other birthing facility, or other submitter the fee provided in the contract for laboratory testing costs and the administration fee specified in subsection (5) of this section. The administration fee collected pursuant to such subsection shall be remitted to the Department of Health and Human Services.(5) The Department of Health and Human Services shall set an administration fee of not more than twenty dollars. The department may use the administration fee to pay for the costs of the central data registry, tracking, monitoring, referral, quality assurance, program operation, program development, program evaluation, and treatment services authorized under sections 71-519 to 71-523. The fee shall be collected by the contracting laboratory as provided in subdivision (4)(e) of this section.(6) Fees collected for the department pursuant to sections 71-519 to 71-523 shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund.Source  Laws 1987, LB 385,  5;  Laws 1996, LB 1044,  506;  Laws 1997, LB 610,  2;  Laws 1998, LB 1073,  88;  Laws 2002, LB 235,  5;  Laws 2005, LB 301,  19;  Laws 2007, LB296,  394;  Laws 2017, LB91,  4.  
71-524.  Enforcement; procedure.In addition to any other remedies which may be available by law, a civil proceeding to enforce section 71-519 may be brought in the district court of the county where the infant is domiciled or found. The attending physician, the hospital or other birthing facility, the Attorney General, or the county attorney of the county where the infant is domiciled or found may institute such proceedings as are necessary to enforce such section. It shall be the duty of the Attorney General or the county attorney to whom the Department of Health and Human Services reports a violation to cause appropriate proceedings to be initiated without delay. A hearing on any action brought pursuant to this section shall be held within seventy-two hours of the filing of such action, and a decision shall be rendered by the court within twenty-four hours of the close of the hearing.Source  Laws 1987, LB 385,  6;  Laws 1996, LB 1044,  507;  Laws 2002, LB 235,  6;  Laws 2007, LB296,  395. Annotations By its terms, in addition to the specific and therefore preferred remedy in district court, this section states that the newborn screening statutes may also be enforced through "other remedies which may be available by law." Under the proper set of proven facts, enforcement through the neglect provisions of the juvenile code may be one such "other remedy." In re Interest of Anaya, 276 Neb. 825, 758 N.W.2d 10 (2008).
71-526.  Act, how cited.Sections 71-526 to 71-530 shall be known and may be cited as the Childhood Vaccine Act.Source Laws 1992, LB 431,  1. 
71-527.  Legislative findings and declarations.The Legislature hereby finds and declares that:(1) Childhood communicable diseases constitute a serious threat to the public health of the people of this state and the prevention of childhood communicable diseases is a goal of the people;(2) The effectiveness of childhood vaccines in preventing certain communicable diseases and thereby saving lives and preventing debilitating conditions has been well documented. Vaccines are among the most cost-effective components of preventive health care; for every dollar spent on childhood immunization, ten dollars are saved in later medical costs;(3) Prevention of childhood diseases should include comprehensive, continuous health care, including regular medical examinations, treatment by a practitioner familiar with the child, and age-appropriate administration of immunizations;(4) The United States Department of Health and Human Services, Public Health Service, has as its Healthy People 2000 objective to have at least ninety percent of all children completely immunized by age two. The United States immunization survey indicates that only seventy-seven percent of children two years of age had received the basic immunization series. Recent outbreaks of measles among preschoolers who are not immunized also have shown that inadequate immunization levels still occur;(5) Nebraska has as its Year 2000 objective that seventy-five percent of its counties are covered by public immunization clinics, that ninety percent of its two-year-olds are minimally immunized, and that ninety-eight percent of its school-aged children are immunized;(6) The Surgeon General's 1990 objective to decrease the incidence of cases of mumps and pertussis to less than one thousand has not been achieved, and the incidence of pertussis increased between 1979 and 1987;(7) Immunization rates in other developed countries are higher than immunization rates in the United States;(8) Diphtheria, tetanus, and pertussis immunization rates in European countries average forty-one percent higher than in the United States;(9) Polio immunization rates are twenty-three percent higher in European countries than in the United States;(10) Measles immunization rates are twenty-three percent higher in England, Denmark, and Norway than in the United States;(11) Childhood communicable diseases should be prevented through protection of Nebraska's children by immunization against measles, mumps, rubella, diphtheria, tetanus, pertussis, polio, haemophilus influenzae type B, and such other diseases as may be indicated based on then current medical and scientific knowledge;(12) The average cost of fully vaccinating a child in the private sector has increased dramatically in the past decade. The full battery of childhood vaccines recommended by the Centers for Disease Control and Prevention in 1982 increased five times in cost between 1982 and 1989. These increases have made it unaffordable for many children to receive their immunizations at their private practitioner's office; and(13) There is a national effort to continue current immunization programs and to provide additional funds to implement the Healthy People 2000 objective that ninety percent of children are appropriately immunized by two years of age.Source  Laws 1992, LB 431,  2;  Laws 1994, LB 1223,  30.  
71-528.  Intent and purpose.(1) It is the intent of the Legislature that the citizens of the State of Nebraska benefit by participation in national efforts to take innovative action to provide immunization of our children by removal of barriers which impede vaccine delivery and by improving access to immunization services.(2) It is also the purpose of the Childhood Vaccine Act to provide authorization for childhood immunization programs and demonstration or pilot projects that document childhood immunization trends, encourage cooperation between and use of both private practitioners and public providers in offering health care to children, and otherwise assess a total approach to immunization against childhood diseases.Source  Laws 1992, LB 431,  3;  Laws 1994, LB 1223,  31.  
71-529.  Statewide immunization action plan; department; powers.The Department of Health and Human Services may participate in the national efforts described in sections 71-527 and 71-528 and may develop a statewide immunization action plan which is comprehensive in scope and reflects contributions from a broad base of providers and consumers. In order to implement the statewide immunization action plan, the department may:(1) Actively seek the participation and commitment of the public, health care professionals and facilities, the educational community, and community organizations in a comprehensive program to ensure that the state's children are appropriately immunized;(2) Apply for and receive public and private awards to purchase vaccines and to administer a statewide comprehensive program;(3) Provide immunization information and education to the public, parents, health care providers, and educators to establish and maintain a high level of awareness and demand for immunization by parents;(4) Assist parents, health care providers, and communities in developing systems, including demonstration and pilot projects, which emphasize well-child care and the use of private practitioners and which improve the availability of immunization and improve management of immunization delivery so as to ensure the adequacy of the vaccine delivery system;(5) Evaluate the effectiveness of these statewide efforts, conduct ongoing measurement of children's immunization status, identify children at special risk for deficiencies in immunization, and report on the activities of the statewide immunization program annually to the Legislature and the citizens of Nebraska. The report submitted to the Legislature shall be submitted electronically;(6) Recognize persons who volunteer their efforts towards achieving the goal of providing immunization of the children of Nebraska and in meeting the Healthy People 2000 objective of series-complete immunization coverage for ninety percent or more of United States children by their second birthday;(7) Establish a statewide program to immunize Nebraska children from birth up to six years of age against measles, mumps, rubella, poliomyelitis, diphtheria, pertussis, tetanus, hepatitis B, and haemophilus influenzae type B. The program shall serve children who are not otherwise eligible for childhood immunization coverage with medicaid or other federal funds or are not covered by private third-party payment; and(8) Contract to provide vaccine under the statewide program authorized under subdivision (7) of this section without cost to health care providers subject to the following conditions:(a) In order to receive vaccine without cost, health care providers shall not charge for the cost of the vaccine. Health care providers may charge a fee for the administration of the vaccine but may not deny service because of the parent's or guardian's inability to pay such fee. Fees for administration of the vaccine shall be negotiated between the department and the health care provider, shall be uniform among participating providers, and shall be no more than the cost ceiling for the region in which Nebraska is included as set by the Secretary of the United States Department of Health and Human Services for the Vaccines for Children Program authorized by the Omnibus Budget Reconciliation Act of 1993;(b) Health care providers shall administer vaccines according to the schedule recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention or by the American Academy of Pediatrics unless in the provider's medical judgment, subject to accepted medical practice, such compliance is medically inappropriate; and(c) Health care providers shall maintain records on immunizations as prescribed by this section for inspection and audit by the Department of Health and Human Services or the Auditor of Public Accounts, including responses by parents or guardians to simple screening questions related to payment coverage by public or private third-party payors, identification of the administration fee as separate from any other cost charged for other services provided at the same time the vaccination service is provided, and other information as determined by the department to be necessary to comply with subdivision (5) of this section. Such immunization records may also be used for information exchange as provided in sections 71-539 to 71-544.Source  Laws 1992, LB 431,  4;  Laws 1994, LB 1223,  32;  Laws 1996, LB 1044,  508;  Laws 1998, LB 1063,  17;  Laws 2005, LB 301,  20;  Laws 2007, LB296,  396;  Laws 2011, LB591,  5;  Laws 2012, LB782,  103. 
71-530.  Act; entitlement not created; availability of funds; effect.The Childhood Vaccine Act is not intended to create an entitlement to any activities described in the act, and the Department of Health and Human Services may perform the activities described in the act to the extent funds are available.Source  Laws 1992, LB 431,  5;  Laws 1996, LB 1044,  509.  
71-5301.01.  Use of lead-free materials; rules and regulations.The director may adopt and promulgate rules and regulations regarding the use of lead-free materials in public water systems in compliance with standards established in accordance with the federal Safe Drinking Water Act.Source  Laws 1988, LB 383,  2;  Laws 2001, LB 667,  29;  Laws 2016, LB899,  2;  Laws 2021, LB148,  73.  
71-5301.  Terms, defined.For purposes of the Nebraska Safe Drinking Water Act, unless the context otherwise requires:(1) Council means the Advisory Council on Public Water Supply;(2) Department means the Department of Environment and Energy;(3) Director means the Director of Environment and Energy or his or her authorized representative;(4) Designated agent means any political subdivision or corporate entity having the demonstrated capability and authority to carry out in whole or in part the Nebraska Safe Drinking Water Act and with which the director has consummated a legal and binding contract covering specifically delegated responsibilities;(5) Major construction, extension, or alteration means those structural changes that affect the source of supply, treatment processes, or transmission of water to service areas but does not include the extension of service mains within established service areas;(6) Operator means the individual or individuals responsible for the continued performance of the water supply system or any part of such system during assigned duty hours;(7) Owner means any person owning or operating a public water system;(8) Person means any individual, corporation, firm, partnership, limited liability company, association, company, trust, estate, public or private institution, group, agency, political subdivision, or other entity or any legal successor, representative, agent, or agency of any of such entities;(9) Water supply system means all sources of water and their surroundings under the control of one owner and includes all structures, conduits, and appurtenances by means of which such water is collected, treated, stored, or delivered except service pipes between street mains and buildings and the plumbing within or in connection with the buildings served;(10)(a) Public water system means a system for providing the public with water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days per year. Public water system includes (i) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system and (ii) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Public water system does not include a special irrigation district. A public water system is either a community water system or a noncommunity water system.(b) Service connection does not include a connection to a system that delivers water by a constructed conveyance other than a pipe if (i) the water is used exclusively for purposes other than residential uses, consisting of drinking, bathing, cooking, and other similar uses, (ii) the department determines that alternative water to achieve the equivalent level of public health protection provided by the Nebraska Safe Drinking Water Act and rules and regulations under the act is provided for residential or similar uses for drinking and cooking, or (iii) the department determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the Nebraska Safe Drinking Water Act and the rules and regulations under the act.(c) Special irrigation district means an irrigation district in existence prior to May 18, 1994, that provides primarily agricultural service through a piped water system with only incidental residential or similar use if the system or the residential or similar users of the system comply with exclusion provisions of subdivision (b)(ii) or (iii) of this subdivision;(11) Drinking water standards means rules and regulations adopted and promulgated pursuant to section 71-5302 which (a) establish maximum levels for harmful materials which, in the judgment of the director, may have an adverse effect on the health of persons and (b) apply only to public water systems;(12) Lead free means (a) not containing more than two-tenths percent lead when used with respect to solder and flux and (b) not containing more than a weighted average of twenty-five hundredths percent lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures;(13) Community water system means a public water system that (a) serves at least fifteen service connections used by year-round residents of the area served by the system or (b) regularly serves at least twenty-five year-round residents;(14) Noncommunity water system means a public water system that is not a community water system;(15) Nontransient noncommunity water system means a public water system that is not a community water system and that regularly serves at least twenty-five of the same individuals over six months per year; and(16) Federal Safe Drinking Water Act means the federal Safe Drinking Water Act, 42 U.S.C. 300f et seq., as the act existed on January 1, 2021.Source   Laws 1976, LB 821,  1;  Laws 1988, LB 383,  1;   Laws 1993, LB 121,  441;  Laws 1996, LB 1044,  712;  Laws 1997, LB 517,  17;  Laws 2001, LB 667,  28;  Laws 2003, LB 31,  3;  Laws 2004, LB 1005,  98;  Laws 2007, LB296,  608;  Laws 2007, LB463,  1223;  Laws 2012, LB723,  1;  Laws 2016, LB899,  1;  Laws 2021, LB148,  72.  
71-5302.  Drinking water and monitoring standards; harmful materials; how determined; applicability; priority system.(1) The director shall adopt and promulgate necessary minimum drinking water standards, in the form of rules and regulations, to insure that drinking water supplied to consumers through all public water systems shall not contain amounts of chemical, radiological, physical, or bacteriological material determined by the director to be harmful to human health.(2) The director may adopt and promulgate rules and regulations to require the monitoring of drinking water supplied to consumers through public water systems for chemical, radiological, physical, or bacteriological material determined by the director to be potentially harmful to human health.(3) In determining what materials are harmful or potentially harmful to human health and in setting maximum levels for such harmful materials, the director shall be guided by:(a) General knowledge of the medical profession and related scientific fields as to materials and substances which are harmful to humans if ingested through drinking water; and(b) General knowledge of the medical profession and related scientific fields as to the maximum amounts of such harmful materials which may be ingested by human beings, over varying lengths of time, without resultant adverse effects on health.(4) Subject to section 71-5310, state drinking water standards shall apply to each public water system in the state, except that such standards shall not apply to a public water system:(a) Which consists only of distribution and storage facilities and does not have any collection and treatment facilities;(b) Which obtains all of its water from, but is not owned or operated by, a public water system to which such standards apply;(c) Which does not sell water to any person; and(d) Which is not a carrier which conveys passengers in interstate commerce.(5) The director may adopt alternative monitoring requirements for public water systems in accordance with section 1418 of the federal Safe Drinking Water Act.(6) The director may adopt a system for the ranking of safe drinking water projects with known needs or for which loan applications have been received by the director. In establishing the ranking system the director shall consider, among other things, the risk to human health, compliance with the federal Safe Drinking Water Act, and assistance to systems most in need based upon affordability criteria adopted by the director. This priority system shall be reviewed annually by the director.Source   Laws 1976, LB 821,  2;  Laws 1988, LB 383,  3;  Laws 1997, LB 517,  18;  Laws 2001, LB 667,  30;  Laws 2007, LB296,  609;  Laws 2019, LB302,  90;  Laws 2021, LB148,  74.  Cross References  Drinking water, standards for pesticide levels, see section 2-2626.
71-5303.  Public water system; permit; director; powers; hearing; appeal.(1) No person shall operate or maintain a public water system without first obtaining a permit to operate such system from the director. No fee shall be charged for the issuance of such permit.(2) The director shall inspect public water systems and report findings to the owner, publish a list of those systems not in compliance, and promote the training of operators. The director may deny or revoke a permit, issue administrative orders scheduling action to be taken, take emergency action as provided in section 71-5304.01, and seek a temporary or permanent injunction or such other legal process as is deemed necessary to obtain compliance with the Nebraska Safe Drinking Water Act.(3) A permit may be denied or revoked for noncompliance with the act, the rules and regulations adopted and promulgated under the act, or the terms of a variance or exemption issued pursuant to section 71-5310.(4) Any person shall be granted, upon request, an opportunity for a hearing before the department under the Administrative Procedure Act prior to the denial or revocation of a permit. The denial or revocation may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1976, LB 821,  3;  Laws 1988, LB 383,  4;  Laws 1988, LB 352,  139;  Laws 1996, LB 1044,  713;  Laws 2000, LB 1115,  77;  Laws 2001, LB 667,  31;  Laws 2003, LB 31,  4;  Laws 2007, LB296,  610;  Laws 2007, LB463,  1224. Cross References  Administrative Procedure Act, see section 84-920.
71-5304.01.  Violations; administrative orders; director; emergency powers; hearing; administrative penalties.(1) Whenever the director has reason to believe that a violation of any provision of the Nebraska Safe Drinking Water Act, any rule or regulation adopted and promulgated under such act, or any term of a variance or exemption issued pursuant to section 71-5310 has occurred, he or she may cause an administrative order to be served upon the permittee or permittees alleged to be in violation. Such order shall specify the violation and the facts alleged to constitute a violation and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any such order shall become final unless the permittee or permittees named in the order request in writing a hearing before the director no later than thirty days after the date such order is served. In lieu of such order, the director may require that the permittee or permittees appear before the director at a time and place specified in the notice and answer the charges. The notice shall be served on the permittee or permittees alleged to be in violation not less than thirty days before the time set for the hearing.(2) Whenever the director finds that an emergency exists requiring immediate action to protect the public health and welfare concerning a material which is determined by the director to be harmful or potentially harmful to human health, the director may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the director deems necessary to meet the emergency. Such order shall be effective immediately. Any person to whom such order is directed shall comply immediately and, on written application to the director, shall be afforded a hearing as soon as possible and not later than ten days after receipt of such application by such affected person. On the basis of such hearing, the director shall continue such order in effect, revoke it, or modify it.(3) The director shall afford to the alleged violator an opportunity for a fair hearing before the director under the Administrative Procedure Act.(4) In addition to any other remedy provided by law, the director may issue an order assessing an administrative penalty upon a violator.(5) The range of administrative penalties assessed under this section for a public water system serving ten thousand or more persons shall be not less than one thousand dollars per day or part thereof for each violation, not to exceed twenty-five thousand dollars in the aggregate. Administrative penalties for a public water system serving fewer than ten thousand persons shall be not more than five hundred dollars per day or part thereof for each violation, not to exceed five thousand dollars in the aggregate. In determining the amount of the administrative penalty, the department shall take into consideration all relevant circumstances, including, but not limited to, the harm or potential harm which the violation causes or may cause, the violator's previous compliance record, the nature and persistence of the violation, any corrective actions taken, and any other factors which the department may reasonably deem relevant. The administrative penalty assessment shall state specific amounts to be paid for each violation identified in the order.(6) An administrative penalty shall be paid within sixty days after the date of issuance of the order assessing the penalty. Any person who fails to pay an administrative penalty by the final due date shall be liable to the state for the penalty amount plus any statutory interest rate applicable to judgments. An order under this section imposing an administrative penalty may be appealed to the director in the manner provided for in subsection (1) of this section. Any administrative penalty paid pursuant to this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. An action may be brought in the appropriate court to collect any unpaid administrative penalty and for attorney's fees and costs incurred directly in the collection of the penalty.Source  Laws 1988, LB 383,  5;  Laws 1996, LB 1044,  714;  Laws 1997, LB 517,  19;  Laws 2001, LB 667,  33;  Laws 2007, LB296,  611;  Laws 2012, LB723,  2. Cross References  Administrative Procedure Act, see section 84-920.
71-5304.02.  Public water system; notice; requirements.(1) The director may require a public water system to give notice to the persons served by the system and to the department whenever the system:(a) Is not in compliance with an applicable maximum contaminant level or treatment technique requirement of or a testing procedure prescribed by rules and regulations adopted and promulgated under the Nebraska Safe Drinking Water Act;(b) Fails to perform monitoring, testing, analyzing, or sampling as required;(c) Is subject to a variance or exemption; or(d) Is not in compliance with the requirements prescribed by a variance or exemption.(2) The director may require a public water system to give notice to the persons served by the public water system of potential sources of contamination as identified by the director under subsection (2) of section 71-5302, of possible health effects of such contamination, and of possible mitigation measures.(3) The director shall by rule and regulation prescribe the form and manner for giving such notice.Source  Laws 1988, LB 383,  6;  Laws 1996, LB 1044,  715;  Laws 2001, LB 667,  34;  Laws 2007, LB296,  612. 
71-5304.  Rules and regulations; construction and operation of system; objectives.(1) The director shall adopt and promulgate, as necessary, minimum rules and regulations governing the siting, design, construction, alteration, classification, and operation of public water systems to insure that such public water systems shall not contain amounts of chemical, radiological, physical, or bacteriological materials which are determined by the director, pursuant to section 71-5302, to be harmful to the physical health of human beings. In adopting such rules and regulations, the director shall attempt to meet the following objectives:(a) Insure that facilities are physically separated, to the greatest extent possible, from water or land areas which contain high levels of materials which are harmful to humans;(b) Insure that such facilities, and all parts thereof, are physically sealed so that leakage of harmful materials into the public water system itself from sources outside the system shall not occur;(c) Insure that all materials which are used in the construction of a system shall not place harmful materials into the public water system;(d) Insure that all chemicals or other substances used to treat and purify water are free from harmful materials; and(e) Insure, to the greatest extent possible, that such rules and regulations will allow uninterrupted and efficient operation of public water systems.(2) The rules and regulations may contain differences and distinctions based on one or more of the following: Physical size of the facilities, number of persons served, system classification, source of water, treatment technique and purpose, and distribution complexity, so long as the objectives of this section are met.Source   Laws 1976, LB 821,  4;  Laws 2001, LB 667,  32;  Laws 2003, LB 31,  5;  Laws 2021, LB148,  75.  
71-5305.01.  Certain new water systems; technical, managerial, and financial capacity.All new community water systems and new nontransient noncommunity water systems commencing operation after October 1, 1999, shall demonstrate technical, managerial, and financial capacity to operate under the Nebraska Safe Drinking Water Act.The director may adopt and promulgate rules and regulations to determine demonstration requirements for technical, managerial, and financial capacity of community water systems and nontransient noncommunity water systems.Source  Laws 1997, LB 517,  20;  Laws 2007, LB296,  613. 
71-5305.02.  Capacity development strategy; department; solicit public comment.The department shall develop a capacity development strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity pursuant to section 71-5305.01. The department shall consider and solicit public comment on:(1) The methods or criteria the department will use to identify and prioritize the public water systems most in need of improving technical, managerial, and financial capacity;(2) A description of the institutional, regulatory, financial, tax, or legal factors at the federal, state, or local level that encourage or impair capacity development;(3) A description of how the department will:(a) Assist public water systems in complying with the Nebraska Safe Drinking Water Act;(b) Encourage the development of partnerships between public water systems to enhance the technical, managerial, and financial capacity of the systems; and(c) Assist public water systems in the training and licensure of operators; and(4) A description of how the department will establish a baseline and measure improvements in capacity with respect to the act.Source  Laws 1997, LB 517,  21;  Laws 2001, LB 667,  36;  Laws 2007, LB296,  614;  Laws 2007, LB463,  1225. 
71-5305.  Public water system; construction, extension, or alteration; written authorization required; exception; procedure.(1) No major construction, extension, or alteration of a public water system shall be commenced without written authorization from the director. No such authorization shall be needed in the case of minor repairs and matters of maintenance. No such authorization shall be granted unless plans and specifications, prepared by a professional engineer, and any additional information required by the department have been submitted to the department or its designated agent for review.(2) Upon a finding that there has been compliance with the minimum sanitary requirements adopted pursuant to section 71-5304, authorization to proceed with construction shall be granted by the director or his or her designated agent. In issuing authorization for the development of new public water supply sources, consideration shall be given to the location and effects of other water supply systems and the location of points of discharge or disposal for solid and liquid wastes.Source   Laws 1976, LB 821,  5;  Laws 1997, LB 622,  109;  Laws 2001, LB 667,  35.  
71-5306.  Director; powers and duties; Safe Drinking Water Act Cash Fund; created; use; investment.(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.Source   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.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-5307.  Operator of public water system; license required.No public water system shall be issued or otherwise hold a permit to operate a public water system, granted by the department, unless its operator possesses a license issued by the department.Source   Laws 1976, LB 821,  7;  Laws 2001, LB 667,  38;  Laws 2007, LB463,  1226. 
71-5308.  License; application; fees; renewal.(1) An applicant shall submit an application and the applicable fees for a license to act as a licensed operator of a public water system to the department.(2) The director shall adopt and promulgate rules and regulations to establish and collect fees to cover all reasonable and necessary costs of licensing activities, including a reasonable reserve. If an application for a license is denied or withdrawn, the department may retain a portion of the fee to cover the costs of the application process. The fees shall be waived for initial licenses for low-income individuals, military families, and young workers as those terms are defined in the Uniform Credentialing Act.(3) The director shall remit fees collected under the Nebraska Safe Drinking Water Act to the State Treasurer for credit to the Safe Drinking Water Act Cash Fund.(4) A license shall expire on December 31 of odd-numbered years. The director may renew a license upon application by the licensee, payment of the applicable fees, and a determination by the director that the licensee has complied with the act and the rules and regulations adopted and promulgated under the act.Source   Laws 1976, LB 821,  8;  Laws 1997, LB 752,  190;  Laws 2001, LB 667,  39;  Laws 2002, LB 1021,  90;  Laws 2003, LB 242,  131;  Laws 2007, LB463,  1227;  Laws 2021, LB148,  77.  Cross References  Uniform Credentialing Act, see section 38-101.
71-5309.  Qualifications of operators of public water system; licenses; issuance; rules and regulations; expired license; relicensure; department; powers and duties; disciplinary action; grounds.(1) The director shall adopt and promulgate, as necessary, minimum rules and regulations governing the qualifications of operators of public water systems. In adopting such rules and regulations, the director shall give consideration to the levels of training and experience which are required, in the opinion of the director, to insure to the greatest extent possible that the public water systems shall be operated in such a manner that (a) maximum efficiency can be attained, (b) interruptions in service will not occur, (c) chemical treatment of the water will be adequate to maintain purity and safety, and (d) harmful materials will not enter the public water system.(2) The director may require, by rule and regulation, that the applicant for a license successfully pass an examination on the subject of operation of a public water system. The rules and regulations, and any tests so administered, may set out different requirements for public water systems based on one or more of the following: Physical size of the facilities, number of persons served, system classification, source of water, treatment technique and purpose, and distribution complexity, so long as the criteria set forth in this section are followed.(3) An applicant for a license as a public water system operator under the Nebraska Safe Drinking Water Act who previously held a license or certification as a public water system operator under the act and whose license or certification expired two years or more prior to the date of application shall take the examination required to be taken by an applicant for an initial license under the act. The department's review of the application for licensure by an applicant under this subsection shall include the results of such examination and the applicant's experience and training. The department may by rules and regulations establish requirements for relicensure under the act which are more stringent for applicants whose license is expired or has been revoked or suspended than those for applicants for initial licensure.(4) The director may adopt and promulgate rules and regulations as necessary to establish procedures for licensing, including, but not limited to, issuance of temporary or emergency licenses, reinstatement of licenses, and reciprocal licensure agreements with other states.(5) The director may deny, revoke, or suspend a license after notice and an opportunity for a hearing. Grounds for denial, revocation, or suspension include, but are not limited to, (a) fraud or deception by the applicant or licensee, (b) failure to use reasonable care in the performance of licensed activities, (c) inability of the applicant or licensee to perform licensed activities properly, (d) failure to maintain the minimum requirements for licensure or operation established by the act or the rules and regulations adopted and promulgated under the act, or (e) any other violation of the act or the rules and regulations adopted and promulgated under the act.Source   Laws 1976, LB 821,  9;  Laws 1988, LB 383,  7;  Laws 2001, LB 667,  40;  Laws 2003, LB 31,  6;  Laws 2007, LB463,  1228;  Laws 2009, LB288,  35;  Laws 2021, LB148,  78.  
71-531.  Test; anonymous testing; referral for treatment; person committed to the Department of Correctional Services; department; duties.(1) A person seeking a human immunodeficiency virus test shall have the right to remain anonymous. If an anonymous test is requested, a health care provider shall confidentially refer such person to a site which provides anonymous testing.(2) When a health care provider or a health facility performs a human immunodeficiency virus test and the result is positive, the person being tested shall be referred for posttest treatment.(3) When a human immunodeficiency virus test is performed by licensed medical personnel of the Department of Correctional Services on an individual committed to such department, the person committed to the department shall be informed by the department (a) if he or she is being tested for the human immunodeficiency virus, (b) that education shall be provided to him or her about the human immunodeficiency virus, including, but not limited to, the identification and reduction of risks, and (c) of the test result and the meaning of such result. Posttest counseling shall be required for the subject of the test if such test is positive.Source  Laws 1994, LB 819,  5;  Laws 1997, LB 194,  1;  Laws 2009, LB288,  33;  Laws 2010, LB1036,  35;  Laws 2018, LB285,  2.  
71-5310.01.  Notice, order, or other instrument; service.Except as otherwise expressly provided, any notice, order, or other instrument issued by or under authority of the director under the Nebraska Safe Drinking Water Act may be served on any person affected by such notice, order, or other instrument, personally or by publication, and proof of such service may be made in like manner as in case of service of a summons in a civil action, such proof to be filed in the office of the department, or such service may be made by mailing a copy of the notice, order, or other instrument by certified or registered mail directed to the person affected at his or her last-known post office address as shown by the files or records of the department, and proof of service may be made by the affidavit of the person who did the mailing and filed in the office of the department.Every certificate or affidavit of service made and filed as provided in this section shall be prima facie evidence of the facts stated in such certificate or affidavit, and a certified copy shall have like force and effect.Source  Laws 1988, LB 383,  9;  Laws 1996, LB 1044,  718;  Laws 2007, LB296,  617. 
71-5310.  Director; authorize variances or exemptions to standards; procedure.(1) The director, with the approval of the council, may authorize variances or exemptions from the drinking water standards issued pursuant to section 71-5302 under conditions and in such manner as they deem necessary and desirable. 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 with the approval of the council.Source   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.  
71-5311.01.  Compliance not dependent on funding.The failure or inability of any public water system to receive funds under the Drinking Water State Revolving Fund Act or any other loan or grant program or any delay in obtaining the funds shall not alter the obligation of the system to comply in a timely manner with the Nebraska Safe Drinking Water Act and rules and regulations adopted and promulgated under the act.Source  Laws 1997, LB 517,  22;  Laws 2001, LB 667,  43.  Cross References  Drinking Water State Revolving Fund Act, see section 71-5314.
71-5311.02.  Voluntary compliance.The director shall make every effort to obtain voluntary compliance through warning, conference, or any other appropriate means prior to initiating enforcement proceedings, except that such requirement shall not be construed to alter enforcement duties or requirements of the director and the department.Source  Laws 1997, LB 517,  23;  Laws 2007, LB296,  619. 
71-5311.  Advisory Council on Public Water Supply; established; duties; members; qualifications; terms; vacancy; meetings; officers; quorum; expenses.(1) There is hereby established the Advisory Council on Public Water Supply which shall advise and assist the department in administering the Nebraska Safe Drinking Water Act.(2) The council shall be composed of seven members appointed by the Governor, (a) one of whom shall be a professional engineer, (b) one of whom shall be a licensed physician, (c) two of whom shall be consumers of a public water system, (d) two of whom shall be operators of a public water system who possess a license issued by the department to operate a public water system. One such operator shall represent a system serving a population of five thousand or less, and one such operator shall represent a system serving a population of more than five thousand, and (e) one of whom shall be, at the time of appointment, (i) an individual who owns a public water system, (ii) a member of the governing board of a public or private corporation which owns a public water system, or (iii) in the case of a political subdivision which owns a public water system, a member of the subdivision's governing board or board of public works or similar board which oversees the operation of a public water system.(3) All members shall be appointed for three-year terms. No member shall serve more than three consecutive three-year terms. Each member shall hold office until the expiration of his or her term or until a successor has been appointed. Any vacancy occurring in council membership, other than by expiration of term, shall be filled within sixty days by the Governor by appointment from the appropriate category for the unexpired term.(4) The council shall meet not less than once each year. Special meetings of the council may be called by the director or upon the written request of any two members of the council explaining the reason for such meeting. The place of the meeting shall be set by the director. Such officers as the council deems necessary shall be elected every three years beginning with the first meeting in the year 1990. A majority of the members of the council shall constitute a quorum for the transaction of business. Representatives of the department shall attend each meeting. Every act of the majority of the members of the council shall be deemed to be the act of the council.(5) No member of the council shall receive any compensation, but each member shall be entitled, while serving on the business of the council, to receive his or her travel and other necessary expenses while so serving away from his or her place of residence as provided in sections 81-1174 to 81-1177.Source   Laws 1976, LB 821,  11;  Laws 1989, LB 344,  32;  Laws 1996, LB 1044,  719;  Laws 1997, LB 622,  110;  Laws 2001, LB 667,  42;  Laws 2007, LB296,  618;  Laws 2007, LB463,  1229. 
71-5312.01.  Existing rules, regulations, licenses, certificates, forms of approval, suits, other proceedings; how treated.(1) All rules and regulations adopted prior to July 1, 2021, under the Nebraska Safe Drinking Water Act shall continue to be effective to the extent not in conflict with the changes made by Laws 2021, LB148.(2) All licenses, certificates, or other forms of approval issued prior to July 1, 2021, in accordance with the Nebraska Safe Drinking Water Act shall remain valid as issued for purposes of the changes made by Laws 2021, LB148, unless revoked or otherwise terminated by law.(3) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to July 1, 2021, under the Nebraska Safe Drinking Water Act shall be subject to the provisions of the act as they existed prior to July 1, 2021.Source  Laws 2007, LB463,  1230;  Laws 2021, LB148,  80.  
71-5312.  Violations; penalty; county attorney or Attorney General; action to assure compliance.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.Source   Laws 1976, LB 821,  12;  Laws 1977, LB 41,  62.  
71-5313.  Act, how cited.Sections 71-5301 to 71-5313 shall be known and may be cited as the Nebraska Safe Drinking Water Act.Source   Laws 1976, LB 821,  13;  Laws 1988, LB 383,  10;  Laws 1997, LB 517,  24;  Laws 2007, LB463,  1231. 
71-5314.  Act, how cited.Sections 71-5314 to 71-5327 shall be known and may be cited as the Drinking Water State Revolving Fund Act.Source Laws 1997, LB 517,  3. 
71-5315.  Legislative findings.The Legislature finds that safe drinking water is essential to the protection of public health. The Legislature further finds that the construction, rehabilitation, operation, and maintenance of modern and efficient public water systems and safe drinking water projects are essential to protecting and improving the quality of the state's drinking water, that protecting water quality is an issue of concern to all citizens of the state, and that adequate public water systems and safe drinking water projects are essential to public health and to economic growth and development. Systems need to have adequate technical, managerial, and financial capacities to assure that the public is protected. Needed assistance can be provided to systems through the funds created by the Drinking Water State Revolving Fund Act. The Legislature finds and determines that the funds should be available in perpetuity for providing financial assistance to such systems and for such projects.The Legislature finds and determines that these funds will consist of both state money and federal grant funds. In addition, the funds can be increased and additional needed safe drinking water projects for owners of public water systems can be undertaken more expeditiously through the issuance of revenue bonds by the Nebraska Investment Finance Authority and the deposit of the proceeds thereof into the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund.The Legislature finds and determines that the issuance of revenue bonds for financing the funds serves a public purpose by assisting public water systems in providing and improving safe drinking water projects and thereby providing safe drinking water to the citizens of the state, promoting the health and well-being of the citizens, and assisting in the economic growth and development of the state. The full faith and credit and the taxing power of the state are not pledged to the payment of such bonds or the interest thereon.Source  Laws 1997, LB 517,  4;  Laws 2001, LB 667,  44.  
71-5316.  Terms, defined.For purposes of the Drinking Water State Revolving Fund Act, unless the context otherwise requires:(1) Safe Drinking Water Act means the federal Safe Drinking Water Act, as the act existed on October 23, 2018;(2) Construction means any of the following: Preliminary planning to determine the feasibility of a safe drinking water project for a public water system; engineering, architectural, legal, fiscal, or economic investigations or studies; surveys, designs, plans, working drawings, specifications, procedures, or other necessary preliminary actions; erection, building, acquisition, alteration, remodeling, improvement, or extension of public water systems; or the inspection or supervision of any of such items;(3) Council means the Environmental Quality Council;(4) Department means the Department of Environment and Energy;(5) Director means the Director of Environment and Energy;(6) Operate and maintain means all necessary activities, including the normal replacement of equipment or appurtenances, to assure the dependable and economical function of a public water system in accordance with its intended purpose;(7) Owner means any person owning or operating a public water system;(8) Public water system has the definition found in section 71-5301; and(9) Safe drinking water project means the structures, equipment, surroundings, and processes required to establish and operate a public water system.Source  Laws 1997, LB 517,  5;  Laws 2001, LB 667,  45;  Laws 2019, LB302,  91;  Laws 2019, LB307,  1.  
71-5317.  Federal grants; director; powers.The director may obligate and administer federal grants for construction of safe drinking water projects pursuant to the Safe Drinking Water Act.Source Laws 1997, LB 517,  6. 
71-5318.  Drinking Water Facilities Loan Fund; Land Acquisition and Source Water Loan Fund; Drinking Water Administration Fund; created; use; investment.(1) The Drinking Water Facilities Loan Fund is created. The fund shall be held as a trust fund for the purposes and uses described in the Drinking Water State Revolving Fund Act.The fund shall consist of federal capitalization grants, state matching appropriations, proceeds of state match bond issues credited to the fund, repayments of principal and interest on loans, transfers made pursuant to section 71-5327, and other money designated for the fund. The director may make loans from the fund pursuant to the Drinking Water State Revolving Fund Act and may conduct activities related to financial administration of the fund, administration or provision of technical assistance through public water system source water assessment programs, and implementation of a source water petition program under the Safe Drinking Water Act. The state investment officer shall invest any money in the fund available for investment pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act, except that any bond proceeds in the fund shall be invested in accordance with the terms of the documents under which the bonds are issued. The state investment officer may direct that the bond proceeds shall be deposited with the bond trustee for investment. Investment earnings shall be credited to the fund.The department may create or direct the creation of accounts within the fund as the department determines to be appropriate and useful in administering the fund and in providing for the security, investment, and repayment of bonds.The fund and the assets thereof may be used, to the extent permitted by the Safe Drinking Water Act and the regulations adopted and promulgated pursuant to such act, to (a) pay or to secure the payment of bonds and the interest thereon, except that amounts deposited into the fund from state appropriations and the earnings on such appropriations may not be used to pay or to secure the payment of bonds or the interest thereon, and (b) buy or refinance the debt obligation of any municipality for a public water supply system if the debt was incurred and construction began after July 1, 1993.The director may transfer any money in the Drinking Water Facilities Loan Fund to the Wastewater Treatment Facilities Construction Loan Fund to meet the purposes of section 71-5327. The director shall identify any such transfer in the intended use plan presented to the council for annual review and adoption pursuant to section 71-5321.(2) The Land Acquisition and Source Water Loan Fund is created. The fund shall be held as a trust for the purposes and uses described in the Drinking Water State Revolving Fund Act.The fund shall consist of federal capitalization grants, state matching appropriations, proceeds of state match bond issues credited to the fund, repayments of principal and interest on loans, and other money designated for the fund. The director may make loans from the fund pursuant to the Drinking Water State Revolving Fund Act and may, in consultation with the Director of Public Health of the Division of Public Health, conduct activities other than the making of loans permitted under section 1452(k) of the Safe Drinking Water Act. The state investment officer shall invest any money in the fund available for investment pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act, except that any bond proceeds in the fund shall be invested in accordance with the terms of the documents under which the bonds are issued. The state investment officer may direct that the bond proceeds shall be deposited with the bond trustee for investment. Investment earnings shall be credited to the fund.The department may create or direct the creation of accounts within the fund as the department determines to be appropriate and useful in administering the fund and in providing for security, investment, and repayment of bonds.The fund and assets thereof may be used, to the extent permitted by the Safe Drinking Water Act and the regulations adopted and promulgated pursuant to such act, to pay or secure the payment of bonds and the interest thereon, except that amounts credited to the fund from state appropriations and the earnings on such appropriations may not be used to pay or to secure the payment of bonds or the interest thereon.The director may transfer any money in the Land Acquisition and Source Water Loan Fund to the Drinking Water Facilities Loan Fund.(3) There is hereby created the Drinking Water Administration Fund. Any funds available for administering loans or fees collected pursuant to the Drinking Water State Revolving Fund Act shall be remitted to the State Treasurer for credit to such fund. The fund shall be administered by the department for the purposes of the act. The state investment officer shall invest any money in the fund available for investment pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Investment earnings shall be credited to the fund.The fund and assets thereof may be used, to the extent permitted by the Safe Drinking Water Act and the regulations adopted and promulgated pursuant to such act, to fund subdivisions (9), (11), and (12) of section 71-5322. The annual obligation of the state pursuant to subdivisions (9) and (12) of section 71-5322 shall not exceed sixty-five percent of the revenue from administrative fees collected pursuant to section 71-5321 in the prior fiscal year.The director may transfer any money in the Drinking Water Administration Fund to the Drinking Water Facilities Loan Fund to meet the state matching appropriation requirements of any applicable federal capitalization grants or to meet the purposes of subdivision (9) of section 71-5322.Source  Laws 1997, LB 517,  7;  Laws 2001, LB 667,  46;  Laws 2007, LB80,  1;  Laws 2007, LB296,  620;  Laws 2019, LB307,  2;  Laws 2022, LB809,  2.   Effective Date: July 21, 2022  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-5319.  Repayment of loan or credit; effect.If funds are loaned to or otherwise credited to the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund with an obligation to repay such loan or credit, the obligation to repay the amount of the loan or credit and the interest thereon shall, upon authorization by the council and execution and delivery by the department of an agreement to repay the loan or credit, be a valid and binding obligation of such funds or either fund or portions thereof and payable in accordance with the terms of the agreement executed by the department.Source Laws 1997, LB 517,  8. 
71-532.  Test results reportable; manner.The Department of Health and Human Services shall adopt and promulgate rules and regulations which make the human immunodeficiency virus infection reportable by name in the same manner as communicable diseases under section 71-502.Source  Laws 1994, LB 819,  6;  Laws 1996, LB 1044,  510;  Laws 2007, LB296,  397. 
71-5320.  Pledge; effect.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.Source Laws 1997, LB 517,  9. 
71-5321.  Council; powers and duties.The council shall have the following powers and duties:(1) The power to adopt and promulgate rules and regulations to govern eligible systems and application procedures and requirements for making loans under the Drinking Water State Revolving Fund Act;(2) The power to adopt an intended use plan which shall include the funding priorities established in subsection (6) of section 71-5302. This intended use plan shall be reviewed annually by the council;(3) The power to adopt a system of establishing interest rates to be charged on loans. The system may allow discounted interest rates for short-term loans or for serious financial hardship. The following factors shall be considered when making a determination of serious financial hardship: Income level of residents; amount of debt and debt service requirements; and level of user fees both in absolute terms and relative to income of residents;(4) The power to approve criteria for defining disadvantaged communities;(5) The power to create an administrative fee to be assessed on a loan for the purpose of administering the Drinking Water State Revolving Fund Act; and(6) Except as limited by section 71-5318, the power to obligate the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund and the assets thereof, in whole or in part, to repay with interest loans to or credits into such funds, including bonds, the proceeds of which are credited to such funds.Source Laws 1997, LB 517,  10. 
71-5322.  Department; powers and duties.The department shall have the following powers and duties:(1) The power to establish a program to make loans to owners of public water systems, individually or jointly, for construction or modification of safe drinking water projects in accordance with the Drinking Water State Revolving Fund Act and the rules and regulations of the council adopted and promulgated pursuant to such act;(2) The power, if so authorized by the council pursuant to section 71-5321, to execute and deliver documents obligating the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund and the assets thereof to the extent permitted by section 71-5318 to repay, with interest, loans to or credits into such funds and to execute and deliver documents pledging to the extent permitted by section 71-5318 all or part of such funds and assets to secure, directly or indirectly, the loans or credits;(3) The duty to prepare an annual report for the Governor and the Legislature. The report submitted to the Legislature shall be submitted electronically;(4) The duty to establish fiscal controls and accounting procedures sufficient to assure proper accounting during appropriate accounting periods, including the following:(a) Accounting from the Nebraska Investment Finance Authority for the costs associated with the issuance of bonds pursuant to the act;(b) Accounting for payments or deposits received by the funds;(c) Accounting for disbursements made by the funds; and(d) Balancing the funds at the beginning and end of the accounting period;(5) The duty to establish financial capability requirements that assure sufficient revenue to operate and maintain a facility for its useful life and to repay the loan for such facility;(6) The power to determine the rate of interest to be charged on a loan in accordance with the rules and regulations adopted and promulgated by the council;(7) The power to develop an intended use plan, in consultation with the Director of Public Health of the Division of Public Health, for adoption by the council;(8) The power to enter into required agreements with the United States Environmental Protection Agency pursuant to the Safe Drinking Water Act;(9) The power to enter into agreements to provide grants and loan forgiveness concurrent with loans to public water systems that provide service to ten thousand persons or less, that are operated by political subdivisions, and that demonstrate serious financial hardships. The department may enter into agreements for up to seventy-five percent of the eligible project cost. Such agreements shall contain a provision that payment of the amount allocated is conditional upon the availability of appropriated funds;(10) The power to enter into agreements to provide grants and loan forgiveness, for up to seventy-five percent of eligible project costs, concurrent with loans to public water systems for lead service line replacement projects in accordance with all federal regulatory and statutory provisions;(11) The power to provide emergency funding to public water systems operated by political subdivisions with drinking water facilities which have been damaged or destroyed by natural disaster or other unanticipated actions or circumstances. Such funding shall not be used for routine repair or maintenance of facilities;(12) The power to provide financial assistance consistent with the intended use plan, described in subdivision (7) of this section, for completion of engineering studies, research projects to investigate low-cost options for achieving compliance with safe drinking water standards, preliminary engineering reports, regional water system planning, source water protection, and other studies for the purpose of enhancing the ability of communities to meet the requirements of the Safe Drinking Water Act, to public water systems that provide service to ten thousand persons or less, that are operated by political subdivisions, and that demonstrate serious financial hardships. The department may enter into agreements for up to ninety percent of the eligible project cost. Such agreements shall contain a provision that payment of the amount obligated is conditional upon the availability of appropriated funds; and(13) Such other powers as may be necessary and appropriate for the exercise of the duties created under the Drinking Water State Revolving Fund Act.Source  Laws 1997, LB 517,  11;  Laws 2001, LB 667,  47;  Laws 2007, LB80,  2;  Laws 2007, LB296,  621;  Laws 2012, LB782,  122;  Laws 2017, LB182,  1;  Laws 2022, LB809,  3.   Effective Date: July 21, 2022  
71-5323.  Loans; eligibility.Loans shall be made only to owners of eligible systems for eligible projects pursuant to the Safe Drinking Water Act.Source Laws 1997, LB 517,  12. 
71-5324.  Loans; requirements.(1) All loans made under the Drinking Water State Revolving Fund Act shall be made only to owners of public water systems that:(a) Meet the requirements of financial, technical, and managerial capability set by the department;(b) Pledge sufficient revenue sources for the repayment of the loan if such revenue may by law be pledged for that purpose;(c) In the case of a privately owned public water system, pledge sufficient revenue, collateral, or other security for the repayment of the loan;(d) Agree to maintain financial records according to generally accepted government accounting principles and to conduct an audit of the financial records according to generally accepted government auditing standards; and(e) Provide a written assurance, signed by an attorney holding an active license to practice in the State of Nebraska, that the recipient has proper title, easements, and rights-of-way to the property on or through which the safe drinking water project is to be constructed or extended.(2) Loans made for the construction of a safe drinking water project shall be made only to owners of public water systems which meet the conditions of subsection (1) of this section and, in addition, that:(a) Require the contractor of the project to post separate performance and payment bonds or other security approved by the department in the amount of the bid;(b) Provide a written notice of completion and start of operation of the safe drinking water project;(c) Employ a registered professional engineer to provide and be responsible for engineering services on the project such as an engineering report, construction contract documents, observation of construction, and startup services; and(d) Agree to operate and maintain the safe drinking water project so that it will function properly over the structural and material design life.Source  Laws 1997, LB 517,  13;  Laws 2001, LB 667,  48.  
71-5325.  Loan terms.Loan terms shall include, but not be limited to, the following:(1) The term of the loan shall not exceed thirty years, except for systems serving disadvantaged communities which term may not exceed forty years;(2) The interest rate shall be at or below market interest rates;(3) The annual principal and interest payment shall commence not later than one year after completion of any project; and(4) The loan recipient shall immediately repay any loan when a grant has been received which covers costs provided for by such loan.Source  Laws 1997, LB 517,  14;  Laws 2019, LB307,  3.  
71-5327.  Reserves authorized.At any time after the first year the fund is effective the director may: (1) Reserve a dollar amount equal to thirty-three percent of a capitalization grant made pursuant to section 1452 of the Safe Drinking Water Act and add the funds reserved to any funds provided to the state pursuant to section 601 of the Federal Water Pollution Control Act; and (2) reserve in any year a dollar amount up to the dollar amount that may be reserved under subdivision (1) of this section of the capitalization grants made pursuant to section 601 of the Federal Water Pollution Control Act and add the reserved funds to any funds provided to the state pursuant to section 1452 of the federal Safe Drinking Water Act.Source  Laws 1997, LB 517,  16;  Laws 2019, LB307,  4.  
71-539.  Legislative intent.It is the intent of the Legislature that sections 71-539 to 71-544 provide for the exchange of immunization information between health care professionals, health care facilities, health care services, schools, postsecondary educational institutions, licensed child care facilities, electronic health-record systems, public health departments, health departments of other states, Indian health services, and tribes for the purpose of protecting the public health by facilitating age-appropriate immunizations which will minimize the risk of outbreak of vaccine-preventable diseases.Source  Laws 1998, LB 1063,  11;  Laws 2011, LB591,  6. 
71-540.  Immunization information; nondisclosure.All immunization information may be shared with the Department of Health and Human Services and entered into the central database created pursuant to section 71-541.01. A patient or, if the patient is a minor, the patient's parent or legal guardian may deny access under sections 71-539 to 71-544 to the patient's immunization information by signing a nondisclosure form with the professional or entity which provided the immunization and with the department. The nondisclosure form shall be kept with the immunization information of the patient, and such immunization information is considered restricted immunization information.Source  Laws 1998, LB 1063,  12;  Laws 2011, LB591,  8. 
71-5401.01.  Transferred to section 38-28,108.
71-5401.02.  Transferred to section 38-28,109.
71-5402.  Transferred to section 38-28,110.
71-5403.  Transferred to section 38-28,111.
71-5404.  Transferred to section 38-28,112.
71-5405.  Transferred to section 38-28,113.
71-5406.  Transferred to section 38-28,114.
71-5407.  Transferred to section 38-28,115.
71-5408.  Transferred to section 71-5401.01.
71-5409.  Transferred to section 38-28,116.
71-541.01.  Immunization information system; established; purpose; access to records authorized.The Department of Health and Human Services shall establish an immunization information system for the purpose of providing a central database of immunization information which can be accessed pursuant to rules and regulations of the department by any person or entity listed in section 71-539, by a patient, and by a patient's parent or legal guardian if the patient is a minor or under guardianship. In order to facilitate operation of the immunization information system, the department shall provide the system with access to all records of the department, including, but not limited to, vital records.Source Laws 2011, LB591,  7.
71-541.  Immunization information system; immunization information; access; fee.Any person or entity authorized under section 71-541.01 to access immunization information in the immunization information system established pursuant to section 71-541.01 may access such information pursuant to rules and regulations of the Department of Health and Human Services for purposes of direct patient care, public health activities, or enrollment in school or child care services. The unrestricted immunization information shared may include, but is not limited to, the patient's name and date of birth, the dates and vaccine types administered, and any immunization information obtained from other sources. A person or entity listed in section 71-539 which provides immunization information to a licensed child care program, a school, or a postsecondary educational institution may charge a reasonable fee to recover the cost of providing such immunization information.Source  Laws 1998, LB 1063,  13;  Laws 2000, LB 1115,  25;  Laws 2005, LB 256,  34;  Laws 2007, LB296,  398;  Laws 2011, LB591,  9. 
71-542.  Immunization information system; immunization information; confidentiality; violation; penalty.Immunization information in the immunization information system established pursuant to section 71-541.01 is confidential, and unrestricted immunization information may only be accessed pursuant to rules and regulations of the Department of Health and Human Services. Unauthorized public disclosure of such confidential information is a Class III misdemeanor.Source  Laws 1998, LB 1063,  14;  Laws 2004, LB 1005,  54;  Laws 2011, LB591,  10. 
71-543.  Rules and regulations.The Department of Health and Human Services may adopt and promulgate rules and regulations to implement sections 71-539 to 71-544, including procedures and methods for and limitations on access to and security and confidentiality of the immunization information.Source  Laws 1998, LB 1063,  15;  Laws 2007, LB296,  399;  Laws 2011, LB591,  11. 
71-544.  Immunity.Any person who receives or releases immunization information in the form and manner prescribed in sections 71-539 to 71-544 and any rules and regulations which may be adopted and promulgated pursuant to sections 71-539 to 71-544 is not civilly or criminally liable for such receipt or release.Source  Laws 1998, LB 1063,  16;  Laws 2011, LB591,  12. 
71-551.  Physician; genetic tests; written informed consent; requirements; Department of Health and Human Services; duty.(1) Except as provided in section 71-519 and except for newborn screening tests ordered by physicians to comply with the law of the state in which the infant was born, a physician or an individual to whom the physician has delegated authority to perform a selected act, task, or function shall not order a predictive genetic test without first obtaining the written informed consent of the patient to be tested. Written informed consent consists of a signed writing executed by the patient or the representative of a patient lacking decisional capacity that confirms that the physician or individual acting under the delegated authority of the physician has explained, and the patient or his or her representative understands:(a) The nature and purpose of the predictive genetic test;(b) The effectiveness and limitations of the predictive genetic test;(c) The implications of taking the predictive genetic test, including the medical risks and benefits;(d) The future uses of the sample taken to conduct the predictive genetic test and the genetic information obtained from the predictive genetic test;(e) The meaning of the predictive genetic test results and the procedure for providing notice of the results to the patient; and(f) Who will have access to the sample taken to conduct the predictive genetic test and the genetic information obtained from the predictive genetic test, and the patient's right to confidential treatment of the sample and the genetic information.(2) The Department of Health and Human Services shall develop and distribute a model informed consent form for purposes of this section. The department shall include in the model form all of the information required under subsection (1) of this section. The department shall distribute the model form and all revisions to the form to physicians and other individuals subject to this section upon request and at no charge. The department shall review the model form at least annually for five years after the first model form is distributed and shall revise the model form if necessary to make the form reflect the latest developments in medical genetics. The department may also develop and distribute a pamphlet that provides further explanation of the information included in the model form.(3) If a patient or his or her representative signs a copy of the model informed consent form developed and distributed under subsection (2) of this section, the physician or individual acting under the delegated authority of the physician shall give the patient a copy of the signed informed consent form and shall include the original signed informed consent form in the patient's medical record.(4) If a patient or his or her representative signs a copy of the model informed consent form developed and distributed under subsection (2) of this section, the patient is barred from subsequently bringing a civil action for damages against the physician, or an individual to whom the physician delegated authority to perform a selected act, task, or function, who ordered the predictive genetic test, based upon failure to obtain informed consent for the predictive genetic test.(5) A physician's duty to inform a patient under this section does not require disclosure of information beyond what a physician reasonably well-qualified to order and interpret the predictive genetic test would know. A person acting under the delegated authority of a physician shall understand and be qualified to provide the information required by subsection (1) of this section.(6) For purposes of this section:(a) Genetic information means information about a gene, gene product, or inherited characteristic derived from a genetic test;(b) Genetic test means the analysis of human DNA, RNA, chromosomes, epigenetic status, and those tissues, proteins, and metabolites used to detect heritable or somatic disease-related genotypes or karyotypes for clinical purposes. Tests of tissues, proteins, and metabolites are included only when generally accepted in the scientific and medical communities as being specifically determinative of a heritable or somatic disease-related genetic condition. Genetic test does not include a routine analysis, including a chemical analysis, of body fluids or tissues unless conducted specifically to determine a heritable or somatic disease-related genetic condition. Genetic test does not include a physical examination or imaging study. Genetic test does not include a procedure performed as a component of biomedical research that is conducted pursuant to federal common rule under 21 C.F.R. parts 50 and 56 and 45 C.F.R. part 46, as such regulations existed on January 1, 2003; and(c) Predictive genetic test means a genetic test for an otherwise undetectable genotype or karyotype relating to the risk for developing a genetically related disease or disability, the results of which can be used to substitute a patient's prior risk based on population data or family history with a risk based on genotype or karyotype. Predictive genetic test does not include diagnostic testing conducted on a person exhibiting clinical signs or symptoms of a possible genetic condition. Predictive genetic testing does not include prenatal genetic diagnosis, unless the prenatal testing is conducted for an adult-onset condition not expected to cause clinical signs or symptoms before the age of majority.Source  Laws 2001, LB 432,  1;  Laws 2003, LB 119,  1;  Laws 2005, LB 301,  10;  Laws 2006, LB 994,  85;   R.S.Supp.,2006,  71-1,104.01;  Laws 2007, LB296,  333;  Laws 2007, LB463,  1183. 
71-5519.  Transferred to section 71-5501.01.
71-552.  Syndromic surveillance program; development; department set standards for reporting by hospitals; additional powers of department; use, confidentiality, and immunity; failure to make report; grounds for discipline.(1) For purposes of protecting the public health and tracking the impact of disease prevention strategies intended to lower the cost of health care, the Department of Health and Human Services shall develop a syndromic surveillance program that respects patient privacy and benefits from advances in both electronic health records and electronic health information exchange. The syndromic surveillance program shall include the monitoring, detection, and investigation of public health threats from (a) intentional or accidental use or misuse of chemical, biological, radiological, or nuclear agents, (b) clusters or outbreaks of infectious or communicable diseases, and (c) noninfectious causes of illness.(2) The department shall adopt and promulgate rules and regulations setting standards for syndromic surveillance reporting by hospitals. The standards shall specify (a) the syndromic surveillance data elements required to be reported for all encounters, which shall include at a minimum the date of the encounter and the patient's gender, date of birth, chief complaint or reason for encounter, home zip code, unique record identifier, and discharge diagnoses and (b) the manner of reporting.(3) The department may require, by rule and regulation, syndromic surveillance reporting by other health care facilities or any person issued a credential by the department.(4) The department shall establish, by rule and regulation, a schedule for the implementation of full electronic reporting of all syndromic surveillance data elements. The schedule shall take into consideration the number of data elements already reported by the facility or person, the capacity of the facility or person to electronically report the remaining elements, the funding available for implementation, and other relevant factors, including improved efficiencies and resulting benefits to the reporting facility or person.(5) The use, confidentiality, and immunity provisions of section 71-503.01 apply to syndromic surveillance data reports.(6) Failure to provide a report under this section or the rules and regulations is grounds for discipline of a credential issued by the department.Source Laws 2011, LB591,  1.
71-5522.  Transferred to section 71-5514.01.
71-553.  Act, how cited.Sections 71-553 to 71-557 shall be known and may be cited as the Newborn Critical Congenital Heart Disease Screening Act.Source Laws 2013, LB225,  1.
71-554.  Legislative findings.The Legislature finds that:(1) Critical congenital heart disease is among the most common birth defects;(2) Critical congenital heart disease is the leading cause of death for infants born with a birth defect;(3) A major cause of infant mortality as a result of critical congenital heart disease is that a significant number of newborns affected are not diagnosed in the newborn nursery as having critical congenital heart disease; and(4) An effective mechanism for critical congenital heart disease screening of newborns can reduce infant mortality.Source Laws 2013, LB225,  2.
71-555.  Terms, defined.For purposes of the Newborn Critical Congenital Heart Disease Screening Act:(1) Birthing facility means a hospital or other health care facility in this state which provides birthing and newborn care services;(2) Critical congenital heart disease screening means a testing procedure or procedures intended to detect hypoplastic left heart syndrome, pulmonary atresia, tetralogy of Fallot, total anomalous pulmonary venous return, transposition of the great arteries, tricuspid atresia, and truncus arteriosus;(3) Department means the Department of Health and Human Services;(4) Newborn means a child from birth through twenty-nine days old; and(5) Parent means a natural parent, a stepparent, an adoptive parent, a legal guardian, or any other legal custodian of a child.Source Laws 2013, LB225,  3.
71-556.  Newborn; critical congenital heart disease screening; responsibilities.(1) All newborns in this state shall undergo critical congenital heart disease screening in accordance with standards determined in rules and regulations adopted and promulgated by the department.(2) For deliveries in a birthing facility, the birthing facility shall develop and implement policies to cause the screening of the newborn and the reporting of the results to the newborn's health care provider in accordance with standards adopted pursuant to subsection (1) of this section.(3) For deliveries that are planned outside of a birthing facility, the prenatal care provider shall inform the parent of the importance of critical congenital heart disease screening and the requirement for all newborns to be screened. The parent shall be responsible for causing the screening to be performed within the period and in the manner prescribed by the department.(4) For a birth that does not take place in a birthing facility, whether or not there is a prenatal care provider, and the newborn is not admitted to a birthing facility, the person registering such birth shall be responsible for obtaining critical congenital heart disease screening for the newborn within the period and in the manner prescribed by the department.Source Laws 2013, LB225,  4.
71-557.  Department; duties; rules and regulations.The department shall:(1) In consultation with a panel of persons having expertise in the field of critical congenital heart disease screening, develop approved methods of critical congenital heart disease screening;(2) Apply for all available federal funding to carry out the Newborn Critical Congenital Heart Disease Screening Act; and(3) Adopt and promulgate rules and regulations necessary to implement the act.Source Laws 2013, LB225,  5.
71-558.  Cytomegalovirus; informational materials; department; duties.(1) The Department of Health and Human Services shall develop and publish informational materials for women who may become pregnant, expectant parents, and parents of infants regarding:(a) The incidence of cytomegalovirus;(b) The transmission of cytomegalovirus to pregnant women and women who may become pregnant;(c) Birth defects caused by congenital cytomegalovirus;(d) Methods of diagnosing congenital cytomegalovirus;(e) Available preventative measures to avoid the infection of women who are pregnant or who may become pregnant; and(f) Early interventions, treatment, and services available for children diagnosed with congenital cytomegalovirus.(2) The department shall publish such informational materials on its website and make the materials available to child care facilities, school nurses, hospitals, birthing facilities as defined in section 71-4736, and health care providers offering care to pregnant women and infants.Source  Laws 2022, LB741,  34.   Effective Date: July 21, 2022  
71-559.  Health care provider; provide informational materials; when.A health care provider offering care to pregnant women may provide the informational materials published under section 71-558 to each pregnant woman during the first trimester of pregnancy or when a pregnant woman comes under the care of a provider after the first trimester of pregnancy.Source  Laws 2022, LB741,  35.   Effective Date: July 21, 2022  
71-560.  Birthing facility; newborn infant; hearing screening test; information provided.(1) If a newborn infant fails a hearing screening test as provided in section 71-4742, the birthing facility performing such screening may provide to the parents of the newborn infant the following information:(a) Potential birth defects caused by congenital cytomegalovirus;(b) Testing opportunities for cytomegalovirus, including the opportunity to test for cytomegalovirus prior to the infant's discharge from the hospital or birthing facility; and(c) Early intervention services.(2) The informational material published under section 71-558, and such additional clarifying information as required by the parents, may be provided to the parents at the newborn infant's follow-up audiology appointment.Source  Laws 2022, LB741,  36.   Effective Date: July 21, 2022  
71-561.  Act, how cited.Sections 71-561 to 71-567 shall be known and may be cited as the Alzheimer's Disease and Other Dementia Support Act.Source  Laws 2022, LB752,  30.   Effective Date: July 21, 2022  
71-562.  Legislative findings and declarations.The Legislature hereby finds and declares that Alzheimer's and other dementia are of significant concern to the State of Nebraska, and that the Legislature and the state would benefit from a more coordinated approach to addressing Alzheimer's disease and other dementia.Source  Laws 2022, LB752,  31.   Effective Date: July 21, 2022  
71-563.  Terms, defined.For purposes of the Alzheimer's Disease and Other Dementia Support Act:(1) Council means the Alzheimer's Disease and Other Dementia Advisory Council; and(2) Department means the Department of Health and Human Services.Source  Laws 2022, LB752,  32.   Effective Date: July 21, 2022  
71-564.  Alzheimer's Disease and Other Dementia Advisory Council; members; duties; expenses.(1) The Alzheimer's Disease and Other Dementia Advisory Council is created and shall include:(a) Twelve voting members appointed by the Governor. The voting members shall consist of: (i) An individual living with Alzheimer's disease or another dementia or a family member of such an individual; (ii) an individual who is the family caregiver of an individual living with Alzheimer's disease or another dementia; (iii) an individual who represents nursing homes; (iv) an individual who represents assisted-living facilities; (v) an individual who represents providers of adult day care services; (vi) an individual who represents home care providers; (vii) a medical professional who has experience diagnosing and treating Alzheimer's disease; (viii) an individual who conducts research regarding Alzheimer's disease or other dementia; (ix) an individual who represents a leading, nationwide organization that advocates on behalf of individuals living with Alzheimer's disease or other dementia; (x) an individual who represents an area agency on aging; (xi) an individual representing an organization that advocates for older adults; and (xii) an individual with experience or expertise in the area of the specific needs of individuals with intellectual and developmental disabilities and Alzheimer's disease or other dementia; and(b) Five nonvoting members. The nonvoting members shall consist of: (i) The Director of Public Health or the director's designee; (ii) the Director of Medicaid and Long-Term Care or the director's designee; (iii) a representative of the State Unit on Aging of the Division of Medicaid and Long-Term Care designated by the Director of Medicaid and Long-Term Care; (iv) a representative of the Nebraska Workforce Development Board designated by the board; and (v) the state long-term care ombudsman or the ombudsman's designee.(2) The Governor shall make the appointments within ninety days after July 21, 2022. Vacancies shall be filled in the same manner as the original appointments.(3) The voting members of the council shall serve for a term of four years. A voting member may be reappointed to one additional term of four years.(4) Members of the council shall select the chairperson and vice-chairperson who shall not be employees of the state and may serve in such role for up to four consecutive years. The Director of Public Health or the director's designee shall call and preside over the first meeting until a chairperson is selected. Thereafter, the council shall meet at least quarterly at the call of the chairperson. A majority of the voting members shall constitute a quorum for the conduct of meetings.(5) The council shall hold its first meeting not later than thirty days after the appointment of its members and shall hold subsequent meetings at least once every calendar quarter.(6) Members shall serve on the council without compensation but shall be compensated for expenses incurred for such service.(7) The department shall provide staff and support to the council as necessary to assist the council in the performance of its duties.Source  Laws 2022, LB752,  33.   Effective Date: July 21, 2022  
71-5646.  Legislative findings.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.Source Laws 1990, LB 994,  1. 
71-5647.  Office of Rural Health; created; powers and duties.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.Source  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. Cross References  Rural Health Systems and Professional Incentive Act, see section 71-5650.
71-5649.  Legislative appropriation.The Legislature shall appropriate sufficient funds to the Department of Health and Human Services to enable the Office of Rural Health to carry out its duties pursuant to section 71-5647.Source  Laws 1990, LB 994,  4;  Laws 1991, LB 400,  24;  Laws 1996, LB 1044,  726;  Laws 1998, LB 1073,  152;  Laws 2005, LB 301,  53;  Laws 2007, LB296,  624. 
71-565.  Council; purpose; collaboration.(1) The purpose of the council shall be to examine (a) the needs of individuals living with Alzheimer's disease or other dementia, (b) the services available in the state for those individuals and their family caregivers, and (c) the ability of health care providers and facilities to meet the current and future needs of such individuals.(2) The council shall collaborate with the department and other state departments as needed to gather input on issues and strategies that pertain to Alzheimer's disease and other dementia and identify proactive approaches on public health, workforce, caregiver support, and care delivery. The council shall monitor analysis, policy development, and program implementation related to Alzheimer's disease and other dementia.Source  Laws 2022, LB752,  34.   Effective Date: July 21, 2022  
71-5650.  Rural Health Systems and Professional Incentive Act; act, how cited.Sections 71-5650 to 71-5670 shall be known and may be cited as the Rural Health Systems and Professional Incentive Act.Source  Laws 1991, LB 400,  1;  Laws 2015, LB196,  1.  
71-5651.  Legislative findings.(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.Source  Laws 1991, LB 400,  2;  Laws 2004, LB 1005,  99.  
71-5652.  Purposes of act.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.Source  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.  
71-5653.  Terms, defined.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.Source  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.  
71-5654.  Nebraska Rural Health Advisory Commission; created; members; appointment; terms.The Nebraska Rural Health Advisory Commission is hereby created as the direct and only successor to the Commission on Rural Health Manpower. The Nebraska Rural Health Advisory Commission shall consist of thirteen members as follows:(1) The Director of Public Health of the Division of Public Health or his or her designee and another representative of the Department of Health and Human Services; and(2) Eleven members to be appointed by the Governor with the advice and consent of the Legislature as follows:(a) One representative of each medical school located in the state involved in training family physicians and one physician in family practice residency training; and(b) From rural areas one physician, one consumer representative, one hospital administrator, one nursing home administrator, one nurse, one physician assistant, one mental health practitioner or psychologist licensed under the requirements of section 38-3114 or the equivalent thereof, and one dentist.Members shall serve for terms of three years. When a vacancy occurs, appointment to fill the vacancy shall be made for the balance of the term. All appointed members shall be citizens and residents of Nebraska. The appointed membership of the commission shall, to the extent possible, represent the three congressional districts equally.Source  Laws 1991, LB 400,  5;  Laws 1996, LB 1044,  728;  Laws 1996, LB 1155,  49;  Laws 1997, LB 577,  1;  Laws 2001, LB 411,  1;  Laws 2004, LB 1005,  102;  Laws 2007, LB296,  626;  Laws 2007, LB463,  1233. 
71-5655.  Commission; purpose.The purpose of the commission shall be to advise the department, the Legislature, the Governor, the University of Nebraska, and the citizens of Nebraska regarding all aspects of rural health care and to advise the office regarding the administration of the Rural Health Systems and Professional Incentive Act.Source  Laws 1991, LB 400,  6;  Laws 1996, LB 1044,  729;  Laws 1998, LB 1073,  154;  Laws 2005, LB 301,  55;  Laws 2007, LB296,  627. 
71-5656.  Commission; officers.The commission shall annually elect from among its members a chairperson and a vice-chairperson. The commission shall receive assistance from the staff of the office.Source  Laws 1991, LB 400,  7;  Laws 1996, LB 1044,  730;  Laws 1998, LB 1073,  155.  
71-5657.  Commission members; expenses.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.Source  Laws 1991, LB 400,  8;  Laws 2020, LB381,  68.  
71-5658.  Commission; meetings; quorum.The commission shall hold at least four meetings a year, at times and places fixed by the commission. At least one meeting each year shall be held at a site other than Lincoln or Omaha. A majority of the members of the commission shall constitute a quorum.Source Laws 1991, LB 400,  9. 
71-5659.  Commission; powers and duties.The commission shall have the following powers and duties:(1) Advise the department regarding the development and implementation of a state rural health policy;(2) Advise the department and other appropriate parties in all matters relating to rural health care;(3) Serve as an advocate for rural Nebraska in health care issues;(4) Maintain liaison with all agencies, groups, and organizations concerned with rural health care in order to facilitate integration of efforts and commonality of goals;(5) Identify problems in the delivery of health care in rural Nebraska, in the education and training of health care providers in rural Nebraska, in the regulation of health care providers and institutions in rural Nebraska, and in any other matters relating to rural health care;(6) Prepare recommendations to the appropriate bodies to alleviate the problems identified;(7) Advise the department regarding the Rural Health Systems and Professional Incentive Act;(8) Designate health profession shortage areas in Nebraska; and(9) Select recipients of financial incentives available under the act.Source  Laws 1991, LB 400,  10;  Laws 1994, LB 1223,  57.  
71-566.  Council; considerations; findings and recommendations.The council shall consider and make findings and recommendations on the following topics:(1) Trends in the state's Alzheimer's disease and other dementia populations and service needs, including:(a) The state's role in providing or facilitating long-term care, family caregiver support, and assistance to those with early-stage or early-onset Alzheimer's disease or other dementia;(b) The state's policies regarding individuals with Alzheimer's disease or other dementia;(c) The fiscal impact of Alzheimer's disease and other dementia on publicly funded health care programs; and(d) The establishment of a surveillance system to better determine the number of individuals diagnosed with Alzheimer's disease or other dementia and to monitor changes to such numbers;(2) Existing resources, services, and capacity relating to the diagnosis and care of individuals living with Alzheimer's disease or other dementia, including:(a) The type, cost, and availability of dementia care services;(b) The availability of health care workers who can serve people with dementia, including, but not limited to, neurologists, geriatricians, and direct care workers;(c) Dementia-specific training requirements for public and private employees who interact with people living with Alzheimer's disease or other dementia which shall include, but not be limited to, long-term care workers, case managers, adult protective services, law enforcement, and first responders;(d) Home and community-based services, including respite care for individuals exhibiting symptoms of Alzheimer's disease or other dementia and their families;(e) Quality care measures for home and community-based services and residential care facilities; and(f) State-supported Alzheimer's disease and other dementia research conducted at universities located in this state; and(3) Policies and strategies that address the following:(a) Increasing public awareness of Alzheimer's disease and other dementia;(b) Educating providers to increase early detection and diagnosis of Alzheimer's disease and other dementia;(c) Improving the health care received by individuals diagnosed with Alzheimer's disease or other dementia;(d) Evaluating the capacity of the health care system in meeting the growing number and needs of those with Alzheimer's disease and other dementia;(e) Increasing the number of health care professionals necessary to treat the growing aging and Alzheimer's disease and dementia populations;(f) Improving services provided in the home and community to delay and decrease the need for institutionalized care for individuals with Alzheimer's disease or other dementia;(g) Improving long-term care, including assisted living, for those with Alzheimer's disease or other dementia;(h) Assisting unpaid Alzheimer's disease or dementia caregivers;(i) Increasing and improving research on Alzheimer's disease and other dementia;(j) Promoting activities to maintain and improve brain health;(k) Improving the collection of data and information related to Alzheimer's disease and other dementia and the resulting public health burdens;(l) Improving public safety and addressing the safety-related needs of those with Alzheimer's disease or other dementia;(m) Addressing legal protections for, and legal issues faced by, individuals with Alzheimer's disease or other dementia; and(n) Improving the ways in which the government evaluates and adopts policies to assist individuals diagnosed with Alzheimer's disease or other dementia and their families.Source  Laws 2022, LB752,  35.   Effective Date: July 21, 2022  
71-5660.  Act; how administered.The Rural Health Systems and Professional Incentive Act shall be administered by the office with the advice and consultation of the commission.Source Laws 1991, LB 400,  11. 
71-5661.  Financial incentives; funding; Rural Health Professional Incentive Fund; created; use; investment.(1) The financial incentives provided by the Rural Health Systems and Professional Incentive Act shall consist of (a) student loans to eligible students for attendance at an eligible school as determined pursuant to section 71-5662, (b) the repayment of qualified educational debts owed by physicians in an approved medical specialty residency program in Nebraska as determined pursuant to section 71-5662, and (c) the repayment of qualified educational debts owed by eligible health professionals as determined pursuant to section 71-5662. Funds for such incentives shall be appropriated from the General Fund to the department for such purposes.(2) The Rural Health Professional Incentive Fund is created. The fund shall be used to carry out the purposes of the act, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Money credited pursuant to section 71-5670.01 and payments received pursuant to sections 71-5666, 71-5668, and 71-5669.01 shall be remitted to the State Treasurer for credit to the Rural Health Professional Incentive Fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source  Laws 1991, LB 400,  12;  Laws 1994, LB 1223,  58;  Laws 1995, LB 7,  79;  Laws 1996, LB 1155,  50;  Laws 1999, LB 242,  1;  Laws 2001, LB 214,  3;  Laws 2004, LB 1005,  103;  Laws 2009, First Spec. Sess., LB3,  46;  Laws 2015, LB196,  4.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-5662.  Student loan; medical resident incentive; loan repayment; eligibility.(1) To be eligible for a student loan under the Rural Health Systems and Professional Incentive Act, an applicant or a recipient shall be enrolled or accepted for enrollment in an accredited medical or dental education program or physician assistant education program or an approved mental health practice program in Nebraska.(2) To be eligible for the medical resident incentive under the act, an applicant or a recipient shall be enrolled or accepted for enrollment in an approved medical specialty residency program in Nebraska.(3) To be eligible for loan repayment under the act, an applicant or a recipient shall be a pharmacist, a dentist, a physical therapist, an occupational therapist, a mental health practitioner, a psychologist licensed under the requirements of section 38-3114 or the equivalent thereof, a nurse practitioner, a physician assistant, or a physician in an approved specialty and shall be licensed to practice in Nebraska, not be enrolled in a residency program, not be practicing under a provisional or temporary license, and enter practice in a designated health profession shortage area in Nebraska.Source  Laws 1991, LB 400,  13;  Laws 1994, LB 1223,  59;  Laws 1996, LB 1155,  51;  Laws 1997, LB 577,  2;  Laws 2000, LB 1115,  81;  Laws 2004, LB 1005,  104;  Laws 2007, LB463,  1234;  Laws 2008, LB797,  19;  Laws 2015, LB196,  5.  
71-5663.  Amount of financial assistance; limitation.(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 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 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, 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 shall not exceed ninety thousand dollars per recipient and (b) for physician assistants, nurse practitioners, pharmacists, physical therapists, occupational therapists, 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 shall not exceed forty-five thousand dollars per recipient.Source  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.  
71-5664.  Financial incentives; commission; considerations.In screening applicants for financial incentives, the commission shall consider the following factors:(1) Motivation to practice in a health profession shortage area in Nebraska;(2) Motivation and preference toward an approved specialty; and(3) Other factors that would influence a choice to practice in a health profession shortage area in Nebraska.The commission shall select recipients who are most likely to practice in a health profession shortage area in Nebraska.Source  Laws 1991, LB 400,  15;  Laws 1994, LB 1223,  61;  Laws 1996, LB 1155,  52.  
71-5665.  Commission; designate health profession shortage areas; factors.The commission shall periodically designate health profession shortage areas within the state for the following professions: Medicine and surgery, physician assistants' practice, nurse practitioners' practice, psychology, and mental health practitioner's practice. The commission shall also periodically designate separate health profession shortage areas for each of the following professions: Pharmacy, dentistry, physical therapy, and occupational therapy. In making such designations the commission shall consider, after consultation with other appropriate agencies concerned with health services and with appropriate professional organizations, among other factors:(1) The latest reliable statistical data available regarding the number of health professionals practicing in an area and the population to be served by such practitioners;(2) Inaccessibility of health care services to residents of an area;(3) Particular local health problems;(4) Age or incapacity of local practitioners rendering services; and(5) Demographic trends in an area both past and future.Source  Laws 1991, LB 400,  16;  Laws 1994, LB 1223,  62;  Laws 1996, LB 1155,  53;  Laws 1997, LB 577,  4;  Laws 2000, LB 1115,  83;  Laws 2004, LB 1005,  106;  Laws 2008, LB797,  21. 
71-5666.  Student loan recipient agreement; contents.Each student loan recipient shall execute an agreement with the state. Such agreement shall be exempt from the requirements of sections 73-501 to 73-510 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 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. 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; and(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.Source  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.  
71-5667.  Agreements under prior law; renegotiation.Agreements executed prior to July 1, 2007, under the Rural Health Systems and Professional Incentive Act may be renegotiated and new agreements executed to reflect the terms required by section 71-5666. No funds repaid by borrowers under the terms of agreements executed prior to July 1, 2007, shall be refunded. Any repayments being made under the terms of prior agreements may be discontinued upon execution of a new agreement if conditions permit. Any agreement renegotiated pursuant to this section shall be exempt from the requirements of sections 73-501 to 73-510.Source  Laws 1991, LB 400,  18;  Laws 1996, LB 1155,  55;  Laws 2007, LB374,  2;  Laws 2009, LB196,  2;  Laws 2012, LB858,  2;  Laws 2015, LB196,  8.   Note: The Nebraska Medical Student Assistance Act, sections 71-5613 to 71-5645, was repealed by Laws 1991, LB 400,  26. 
71-5668.  Loan repayment recipient agreement; contents; funding; limitation.Each loan repayment recipient shall execute an agreement with the department and a local entity. Such agreement shall be exempt from the requirements of sections 73-501 to 73-510 and shall include, at a minimum, the following terms:(1) The loan repayment recipient agrees to practice his or her profession, and a physician, dentist, nurse practitioner, or physician assistant also agrees to practice an approved specialty, in a designated health profession shortage area for at least three years and to accept medicaid patients in his or her practice;(2) In consideration of the agreement by the recipient, the State of Nebraska and a local entity within the designated health profession shortage area will provide equal funding for the repayment of the recipient's qualified educational debts except as provided in subdivision (5) of this section, in amounts up to thirty thousand dollars per year per recipient for physicians, dentists, and psychologists and up to fifteen thousand dollars per year per recipient for physician assistants, nurse practitioners, pharmacists, physical therapists, occupational therapists, and mental health practitioners toward qualified educational debts for up to three years. The department shall make payments directly to the recipient;(3) If the loan repayment recipient discontinues practice in the shortage area prior to completion of the three-year requirement, the recipient shall repay to the state one hundred fifty percent of the total amount of funds provided to the recipient for loan repayment with interest at a rate of eight percent simple interest per year from the date of default. Upon repayment by the recipient to the department, the department shall reimburse the local entity its share of the funds which shall not be more than the local entity's share paid to the loan repayment recipient;(4) Any practice or payment obligation incurred by the loan repayment recipient under the loan repayment program is canceled in the event of the loan repayment recipient's total and permanent disability or death; and(5) Beginning on July 1, 2022, any agreements entered into by December 31, 2024, shall first use federal funds from the federal American Rescue Plan Act of 2021 for the purposes of repaying qualified educational debts prior to using any state or local funds. Agreements using federal funds from the federal American Rescue Plan Act of 2021 shall not require equal funding from a local entity. Any federal funds from the act committed to agreements during this time period shall be used by December 31, 2026.Source  Laws 1991, LB 400,  19;  Laws 1993, LB 536,  101;  Laws 1994, LB 1223,  64;  Laws 1996, LB 1155,  56;  Laws 1997, LB 577,  5;  Laws 2000, LB 1115,  84;  Laws 2001, LB 214,  5;  Laws 2004, LB 1005,  108;  Laws 2006, LB 962,  3;  Laws 2008, LB797,  22;  Laws 2009, LB196,  3;  Laws 2012, LB858,  3;  Laws 2015, LB196,  9;  Laws 2022, LB1007,  1.   Effective Date: July 21, 2022  
71-5669.01.  Medical resident incentive recipient; agreement; contents.Each medical resident incentive recipient shall execute an agreement with the department. Such agreement shall be exempt from the requirements of sections 73-501 to 73-510 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 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. 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; and(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.Source Laws 2015, LB196,  10. 
71-5669.  Loan repayment program; office; duties.The office shall develop guidelines for community participation in the loan repayment program. The office shall provide consultation to potential community participants and facilitate the matching of communities and health professionals.Source  Laws 1991, LB 400,  20;  Laws 1994, LB 1223,  65;  Laws 1996, LB 1155,  57.  
71-567.  State Alzheimer's Plan.(1)(a) No later than eighteen months after July 21, 2022, the council shall compile the findings and recommendations under the Alzheimer's Disease and Other Dementia Support Act and submit them as a State Alzheimer's Plan to the Legislature and the Governor.(b) Every four years thereafter, the council shall issue an updated State Alzheimer's Plan addressing the items in sections 71-565 and 71-566 and any other issues the council deems necessary and relevant toward addressing Alzheimer's disease and dementia in Nebraska.(2) By October 1 of each year after the creation of the State Alzheimer's Plan, the council shall electronically submit to the Legislature and the Governor an annual report on the status of implementation of the State Alzheimer's Plan recommendations and any barriers to implementation.Source  Laws 2022, LB752,  36.   Effective Date: July 21, 2022  
71-5670.01.  Rural Health Opportunities Loan Pool Fund; transfers.On and after August 28, 1999, any money remaining in the Rural Health Opportunities Loan Pool Fund and any money remitted to the State Treasurer for credit to such fund shall be credited by the State Treasurer to the Rural Health Professional Incentive Fund created under section 71-5661 and used to carry out the purposes of the Rural Health Systems and Professional Incentive Act.Source Laws 1999, LB 242,  2. Cross References  Rural Health Systems and Professional Incentive Act, see section 71-5650.
71-5670.  Department; rules and regulations.The department shall adopt and promulgate rules and regulations necessary to the administration of the Rural Health Systems and Professional Incentive Act.Source Laws 1991, LB 400,  21. 
71-5680.  Rural Behavioral Health Training and Placement Program Act; act, how cited.Sections 71-5680 to 71-5683 shall be known and may be cited as the Rural Behavioral Health Training and Placement Program Act.Source Laws 2006, LB 994,  38.
71-5681.  Legislative findings and declarations.The Legislature hereby finds and declares that:(1) Eighty-eight of Nebraska's ninety-three counties are classified as mental and behavioral health profession shortage areas by the federal Health Resources and Services Administration and the Nebraska Department of Health and Human Services;(2) The Department of Health and Human Services reports that seventy-four percent of the state's psychiatrists, psychologists, and licensed mental health practitioners live and practice in the urban areas of Omaha and Lincoln, which leaves the remaining seventy-two thousand square miles of Nebraska to be covered by approximately one-fourth of the professionals licensed to practice behavioral health in Nebraska;(3) Thirty-eight Nebraska counties have one or no licensed behavioral health professional; and(4) Reductions in federal funding will result in the elimination of over five thousand five hundred behavioral health patient visits in rural Nebraska.Source  Laws 2006, LB 994,  39;  Laws 2007, LB296,  628. 
71-5682.  Rural Behavioral Health Training and Placement Program; created.The Rural Behavioral Health Training and Placement Program is created and shall be administered by the Munroe-Meyer Institute at the University of Nebraska Medical Center. The program shall address behavioral health professional shortages in rural areas by:(1) Offering service learning opportunities for behavioral health professionals to provide integrated mental health services in rural areas;(2) Educating physicians to integrate behavioral health into primary care practice;(3) Providing outreach clinical training opportunities in rural areas for interns, fellows, and graduate students from public and private universities and colleges in Nebraska that offer behavioral health graduate education; and(4) Placing program graduates in primary care practices for the purpose of providing behavioral health patient visits.Source Laws 2006, LB 994,  40.
71-5683.  Funding under act; use.Funding under the Rural Behavioral Health Training and Placement Program Act shall support:(1) Faculty clinical training activities;(2) Internship stipends for behavioral health interns and postdoctoral fellows; and(3) Training and service provision expenses, including, but not limited to, travel to rural clinic sites, equipment, clinic space, patient-record management, scheduling, and telehealth supervision.Source Laws 2006, LB 994,  41.
71-5714.  Tobacco Prevention and Control Program; created.The Tobacco Prevention and Control Program is created as a comprehensive statewide tobacco-related public health program administered by the Department of Health and Human Services. The program includes, but is not limited to (1) community programs to reduce tobacco use, (2) chronic disease programs, (3) school programs, (4) statewide programs, (5) enforcement, (6) counter marketing, (7) cessation programs, (8) surveillance and evaluation, and (9) administration.The State Treasurer shall transfer, on July 1, 2016, the unobligated balance in the Tobacco Prevention and Control Cash Fund to the Nebraska Health Care Cash Fund.Source  Laws 2000, LB 1436,  3;  Laws 2002, LB 1310,  8;  Laws 2003, LB 412,  3;  Laws 2005, LB 301,  56;  Laws 2007, LB296,  633;  Laws 2009, First Spec. Sess., LB2,  2;  Laws 2009, First Spec. Sess., LB3,  47;  Laws 2016, LB957,  5.  
71-5716.  Act, how cited.Sections 71-5716 to 71-5735 shall be known and may be cited as the Nebraska Clean Indoor Air Act.Source  Laws 2008, LB395,  1;  Laws 2015, LB118,  8;  Laws 2020, LB840,  1.  
71-5717.  Purpose of act.The purpose of the Nebraska Clean Indoor Air Act is to protect the public health and welfare by prohibiting smoking in public places and places of employment with limited exceptions for guestrooms and suites, research, tobacco retail outlets, electronic smoking device retail outlets, and cigar shops. The limited exceptions permit smoking in public places where the public would reasonably expect to find persons smoking, including guestrooms and suites which are subject to expectations of privacy like private residences, institutions engaged in research related to smoking, and tobacco retail outlets, electronic smoking device retail outlets, and cigar shops which provide the public legal retail outlets to sample, use, and purchase tobacco products and products related to smoking. The act shall not be construed to prohibit or otherwise restrict smoking in outdoor areas. The act shall not be construed to permit smoking where it is prohibited or otherwise restricted by other applicable law, ordinance, or resolution. The act shall be liberally construed to further its purpose.Source  Laws 2008, LB395,  2;  Laws 2015, LB118,  9;  Laws 2020, LB840,  2.  
71-5718.01.  Electronic smoking device, defined.Electronic smoking device means an electronic nicotine delivery system as defined in section 28-1418.01. The term includes any such device regardless of whether it is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under any other product name or descriptor. The term also includes any substance that is used in an electronic smoking device. The term does not include a diffuser, humidifier, prescription inhaler, or similar device.Source Laws 2020, LB840,  4. 
71-5718.02.  Electronic smoking device retail outlet, defined; persons allowed to enter; employees; age restrictions.(1) Electronic smoking device retail outlet means a store that:(a) Is licensed as provided under sections 28-1421 and 28-1422;(b) Sells electronic smoking devices and products directly related to electronic smoking devices;(c) Does not sell alcohol or gasoline;(d) Derives no more than twenty percent of its revenue from the sale of food and food ingredients as defined in section 77-2704.24; and(e) Prohibits persons under twenty-one years of age from entering the store in accordance with subsection (2) of this section.(2)(a) Prior to January 1, 2022, an electronic smoking device retail outlet shall not allow a person under twenty-one years of age to enter the store but may allow an employee who is under twenty-one years of age to work in the store.(b) On and after January 1, 2022, an electronic smoking device retail outlet shall not allow a person under twenty-one years of age to enter the store and shall not allow an employee who is under twenty-one years of age to work in the store.Source Laws 2020, LB840,  5. 
71-5718.  Definitions, where found.For purposes of the Nebraska Clean Indoor Air Act, the definitions found in sections 71-5718.01 to 71-5728 apply.Source  Laws 2008, LB395,  3;  Laws 2020, LB840,  3.  
71-5719.  Employed, defined.Employed means hired, contracted, subcontracted, or otherwise engaged to furnish goods or services.Source Laws 2008, LB395,  4.
71-5720.  Employee, defined.Employee means a person who is employed by an employer in consideration for direct or indirect monetary wages, profit, or other remuneration.Source Laws 2008, LB395,  5.
71-5721.  Employer, defined.Employer means a person, nonprofit entity, sole proprietorship, partnership, joint venture, corporation, limited partnership, limited liability company, cooperative, firm, trust, association, organization, or other business entity, including retail establishments where goods or services are sold, who or which employs one or more employees.Source Laws 2008, LB395,  6.
71-5722.  Guestroom or suite, defined.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.Source Laws 2008, LB395,  7.
71-5723.  Indoor area, defined.Indoor area means an area enclosed by a floor, a ceiling, and walls on all sides that are continuous and solid except for closeable entry and exit doors and windows and in which less than twenty percent of the total wall area is permanently open to the outdoors. For walls in excess of eight feet in height, only the first eight feet shall be used in determining such percentage.Source Laws 2008, LB395,  8.
71-5724.  Place of employment, defined.Place of employment means an indoor area under the control of a proprietor that an employee accesses as part of his or her employment without regard to whether the employee is present or work is occurring at any given time. The indoor area includes, but is not limited to, any work area, employee breakroom, restroom, conference room, meeting room, classroom, employee cafeteria, and hallway. A private residence is a place of employment when such residence is being used as a licensed child care program and one or more children who are not occupants of such residence are present.Source Laws 2008, LB395,  9.
71-5725.  Proprietor, defined.Proprietor means any employer, owner, operator, supervisor, manager, or other person who controls, governs, or directs the activities in a place of employment or public place.Source Laws 2008, LB395,  10.
71-5726.  Public place, defined.Public place means an indoor area to which the public is invited or in which the public is permitted, whether or not the public is always invited or permitted. A private residence is not a public place.Source Laws 2008, LB395,  11.
71-5727.  Smoke or smoking, defined.Smoke or smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. The term includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form.Source  Laws 2008, LB395,  12;  Laws 2020, LB840,  6.  
71-5728.  Tobacco retail outlet, defined.Tobacco retail outlet means a store that sells only tobacco and products directly related to tobacco. Products directly related to tobacco do not include alcohol, coffee, soft drinks, candy, groceries, or gasoline.Source Laws 2008, LB395,  13.
71-5729.  Smoking in place of employment or public place prohibited.Except as otherwise provided in section 71-5730, it is unlawful for any person to smoke in a place of employment or a public place.Source Laws 2008, LB395,  14.
71-5730.  Exemptions; legislative findings; legislative intent.(1) The following indoor areas are exempt from section 71-5729:(a) Guestrooms and suites that are rented to guests and that are designated as smoking rooms, except that not more than twenty percent of rooms rented to guests in an establishment may be designated as smoking rooms. All smoking rooms on the same floor shall be contiguous, and smoke from such rooms shall not infiltrate into areas where smoking is prohibited under the Nebraska Clean Indoor Air Act;(b) Indoor areas used in connection with a research study on the health effects of smoking conducted in a scientific or analytical laboratory under state or federal law or at a college or university approved by the Coordinating Commission for Postsecondary Education;(c) Tobacco retail outlets; and(d) Cigar shops as defined in section 53-103.08.(2) Electronic smoking device retail outlets are exempt from section 71-5729 as it relates to the use of electronic smoking devices only.(3)(a) The Legislature finds that allowing smoking in tobacco retail outlets as a limited exception to the Nebraska Clean Indoor Air Act does not interfere with the original intent that the general public and employees not be unwillingly subjected to second-hand smoke since the general public does not frequent tobacco retail outlets and should reasonably expect that there would be second-hand smoke in tobacco retail outlets and could choose to avoid such exposure. The products that tobacco retail outlets sell are legal for customers who meet the age requirement. Customers should be able to try them within the tobacco retail outlet, especially given the way that tobacco customization may occur in how tobacco is blended and cigars are produced. The Legislature finds that exposure to second-hand smoke is inherent in the selling and sampling of cigars and pipe tobacco and that this exposure is inextricably connected to the nature of selling this legal product, similar to other inherent hazards in other professions and employment.(b) It is the intent of the Legislature to allow cigar and pipe smoking in tobacco retail outlets that meet specific statutory criteria not inconsistent with the fundamental nature of the business. This exception to the Nebraska Clean Indoor Air Act is narrowly tailored in accordance with the intent of the act to protect public places and places of employment.(4)(a) The Legislature finds that allowing smoking in cigar shops as a limited exception to the Nebraska Clean Indoor Air Act does not interfere with the original intent that the general public and employees not be unwillingly subjected to second-hand smoke. This exception poses a de minimis restriction on the public and employees given the limited number of cigar shops compared to other businesses that sell alcohol, cigars, and pipe tobacco, and any member of the public should reasonably expect that there would be second-hand smoke in a cigar shop given the nature of the business and could choose to avoid such exposure.(b) The Legislature finds that (i) cigars and pipe tobacco have different characteristics than other forms of tobacco such as cigarettes, (ii) cigars are customarily paired with various spirits such as cognac, single malt whiskey, bourbon, rum, rye, port, and others, and (iii) unlike cigarette smokers, cigar and pipe smokers may take an hour or longer to enjoy a cigar or pipe while cigarettes simply serve as a mechanism for delivering nicotine. Cigars paired with selected liquor creates a synergy unique to the particular pairing similar to wine paired with particular foods. Cigars are a pure, natural product wrapped in a tobacco leaf that is typically not inhaled in order to enjoy the taste of the smoke, unlike cigarettes that tend to be processed with additives and wrapped in paper and are inhaled. Cigars have a different taste and smell than cigarettes due to the fermentation process cigars go through during production. Cigars tend to cost considerably more than cigarettes, and their quality and characteristics vary depending on the type of tobacco plant, the geography and climate where the tobacco was grown, and the overall quality of the manufacturing process. Not only does the customized blending of the tobacco influence the smoking experience, so does the freshness of the cigars, which is dependent on how the cigars were stored and displayed. These variables are similar to fine wines, which can also be very expensive to purchase. It is all of these variables that warrant a customer wanting to sample the product before making such a substantial purchase.(c) The Legislature finds that exposure to second-hand smoke is inherent in the selling and sampling of cigars and pipe tobacco and that this exposure is inextricably connected to the nature of selling this legal product, similar to other inherent hazards in other professions and employment.(d) It is the intent of the Legislature to allow cigar and pipe smoking in cigar shops that meet specific statutory criteria not inconsistent with the fundamental nature of the business. This exception to the Nebraska Clean Indoor Air Act is narrowly tailored in accordance with the intent of the act to protect public places and places of employment.Source  Laws 2008, LB395,  15;  Laws 2009, LB355,  6;  Laws 2010, LB861,  82;  Laws 2015, LB118,  10;  Laws 2020, LB840,  7.  Annotations The statutory exemptions for tobacco retail outlets and cigar bars are unconstitutional special legislation. Big John's Billiards v. State, 288 Neb. 938, 852 N.W.2d 727 (2014).
71-5731.  Proprietor; duties.A proprietor of a place of employment or public place where smoking is prohibited under the Nebraska Clean Indoor Air Act shall take necessary and appropriate steps to ensure compliance with the act at such place.Source Laws 2008, LB395,  16.
71-5732.  Department of Health and Human Services; local public health department; enjoin violations; retaliation prohibited; waiver of act.(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.Source Laws 2008, LB395,  17.
71-5733.  Prohibited acts; penalties; act of employee or agent; how construed.(1) A person who smokes in a place of employment or a public place in violation of the Nebraska Clean Indoor Air Act is guilty of a Class V misdemeanor for the first offense and a Class IV misdemeanor for the second and any subsequent offenses. A person charged with such offense may voluntarily participate, at his or her own expense, in a smoking cessation program approved by the Department of Health and Human Services, and such charge shall be dismissed upon successful completion of the program.(2) A proprietor who fails, neglects, or refuses to perform a duty under the Nebraska Clean Indoor Air Act is guilty of a Class V misdemeanor for the first offense and a Class IV misdemeanor for the second and any subsequent offenses.(3) Each day that a violation continues to exist shall constitute a separate and distinct violation.(4) Every act or omission constituting a violation of the Nebraska Clean Indoor Air Act by an employee or agent of a proprietor is deemed to be the act or omission of such proprietor, and such proprietor shall be subject to the same penalty as if the act or omission had been committed by such proprietor.Source Laws 2008, LB395,  18.
71-5734.  Rules and regulations.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.Source Laws 2008, LB395,  19.
71-5735.  Tobacco retail outlet; sign required; waiver signed by employee; form; owner; duties.(1) The owner of a tobacco retail outlet shall post a sign on all entrances to the tobacco retail outlet, on the outside of each door, in a conspicuous location slightly above or next to the door, with the following statement: SMOKING OF CIGARS AND PIPES IS ALLOWED INSIDE THIS BUSINESS. SMOKING OF CIGARETTES AND ELECTRONIC SMOKING DEVICES IS NOT ALLOWED.(2) Beginning November 1, 2015, the owner shall provide to the Division of Public Health a copy of a waiver signed prior to employment by each employee on a form prescribed by the division. The waiver shall expressly notify the employee that he or she will be exposed to second-hand smoke, and the employee shall acknowledge that he or she understands the risks of exposure to second-hand smoke.(3) The owner shall not allow cigarette smoking or the use of an electronic smoking device in the tobacco retail outlet.Source  Laws 2015, LB118,  11;  Laws 2020, LB840,  8.  
71-5801.  Act, how cited.Sections 71-5801 to 71-5870 shall be known and may be cited as the Nebraska Health Care Certificate of Need Act.Source  Laws 1979, LB 172,  1;  Laws 1982, LB 378,  1;  Laws 1989, LB 429,  2;  Laws 1991, LB 244,  9;  Laws 1993, LB 9,  1;  Laws 1996, LB 1155,  58;  Laws 1997, LB 798,  3.  Annotations  Consideration of a certificate of need application under the Nebraska Health Care Certificate of Need Act is governed by three authorities: (1) The act, (2) department regulations promulgated under the act, and (3) the state health plan. Gramercy Hill Enters. v. State of Nebraska, Department of Health, 255 Neb. 717, 587 N.W.2d 378 (1998). Under the Nebraska Health Care Certificate of Need Act, need for nursing beds is not synonymous with demand. Need focuses on long-range plans for services to an entire population, while demand connotes an immediate preference on the part of an individual to live in a particular nursing facility. Beatrice Manor v. Department of Health, 219 Neb. 141, 362 N.W.2d 45 (1985). 
71-5803.01.  Acute care bed, defined.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.Source  Laws 1997, LB 798,  5;  Laws 2000, LB 819,  112.  Cross References  Health Care Facility Licensure Act, see section 71-401.
71-5803.02.  Ambulatory surgical center, defined.Ambulatory surgical center has the same meaning as in section 71-405.Source  Laws 1979, LB 172,  4;  Laws 1989, LB 429,  5;  Laws 1994, LB 1210,  145;   R.S.1943, (1996),  71-5804;  Laws 1997, LB 798,  6;  Laws 2000, LB 819,  113.  
71-5803.03.  Certificate of need, defined.Certificate of need means a written authorization by the department for a person to implement the project under review.Source  Laws 1979, LB 172,  6;   R.S.1943, (1996),  71-5806;  Laws 1997, LB 798,  7.  
71-5803.04.  Department, defined.Department means the Department of Health and Human Services.Source  Laws 1979, LB 172,  8;  Laws 1996, LB 1044,  736;   R.S.1943, (1996),  71-5808;  Laws 1997, LB 798,  8;  Laws 2007, LB296,  634. 
71-5803.05.  Assisted-living facility, defined.Assisted-living facility has the same meaning as in section 71-5903.Source  Laws 1989, LB 429,  7;  Laws 1997, LB 608,  18;   R.S.1943, (1996),  71-5809.01;  Laws 1997, LB 798,  9;  Laws 2000, LB 819,  114;  Laws 2018, LB439,  2.  
71-5803.06.  Health care facility, defined.Health care facility means hospitals, skilled nursing facilities, intermediate care facilities, and nursing facilities.Source  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.  
71-5803.07.  Health planning region, defined.Health planning region means one of the twenty-six health planning regions established in the Nebraska State Health Plan, 1986-1991.Source Laws 1997, LB 798,  11. 
71-5803.08.  Hospital, defined.Hospital has the same meaning as in section 71-419.Source  Laws 1979, LB 172,  16;   R.S.1943, (1996),  71-5816;  Laws 1997, LB 798,  12;  Laws 2000, LB 819,  115.  
71-5803.09.  Intermediate care facility, intermediate care facility for persons with developmental disabilities, defined.Intermediate care facility has the same meaning as in section 71-420 and includes an intermediate care facility for persons with developmental disabilities that has sixteen or more beds. Intermediate care facility for persons with developmental disabilities has the same meaning as in section 71-421.Source  Laws 1979, LB 172,  19;  Laws 1988, LB 1100,  174;   R.S.1943, (1996),  71-5819;  Laws 1997, LB 798,  13;  Laws 2000, LB 819,  116;  Laws 2009, LB511,  1;  Laws 2013, LB23,  36. 
71-5803.10.  Long-term care bed, defined.Long-term care bed means a bed in a health care facility that is or will be licensed under the Health Care Facility Licensure Act as a skilled nursing facility, intermediate care facility, nursing facility, or long-term care hospital. Long-term care beds do not include residential care beds, domiciliary beds, or swing beds. For purposes of this section, swing beds means beds which may be used by a hospital for acute or long-term care in a facility located in an area which is not designated as urban by the United States Bureau of the Census and which has up to one hundred beds, excluding beds for newborns and intensive-care-type inpatient units.Source  Laws 1997, LB 798,  14;  Laws 2000, LB 819,  117.  Cross References  Health Care Facility Licensure Act, see section 71-401.
71-5803.11.  Nursing facility, defined.Nursing facility has the same meaning as in section 71-424.Source  Laws 1991, LB 244,  11;   R.S.1943, (1996),  71-5809.02;  Laws 1997, LB 798,  15;  Laws 2000, LB 819,  118.  
71-5803.12.  Person, defined.Person means an individual, a trust or estate, a partnership, a limited liability company, a corporation, including associations, joint-stock companies, and insurance companies, a state, a political subdivision or instrumentality, including a municipal corporation, of a state, or any legal entity recognized by the state.Source  Laws 1979, LB 172,  22;  Laws 1982, LB 378,  13;   Laws 1993, LB 121,  445;   R.S.1943, (1996),  71-5822;  Laws 1997, LB 798,  16.  
71-5803.13.  Rehabilitation bed, defined.Rehabilitation bed means a bed in a health care facility that is or will be licensed under the Health Care Facility Licensure Act if the bed is in an inpatient facility which is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of medical and other services which are provided under professional supervision and if the bed is part of a hospital or unit of a hospital that is excluded from the prospective payment system under Title XVIII of the federal Social Security Act as a rehabilitation hospital or rehabilitation unit.Source  Laws 1982, LB 378,  9;   R.S.1943, (1996),  71-5818.01;  Laws 1997, LB 798,  17;  Laws 2000, LB 819,  119.  Cross References  Health Care Facility Licensure Act, see section 71-401.
71-5803.15.  Skilled nursing facility, defined.Skilled nursing facility has the same meaning as in section 71-429.Source  Laws 1979, LB 172,  24;   R.S.1943, (1996),  71-5824;  Laws 1997, LB 798,  19;  Laws 2000, LB 819,  120.  
71-5803.  Definitions, where found.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.Source  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.  
71-5804.  Transferred to section 71-5803.02.
71-5806.  Transferred to section 71-5803.03.
71-5808.  Transferred to section 71-5803.04.
71-5809.01.  Transferred to section 71-5803.05.
71-5809.02.  Transferred to section 71-5803.11.
71-5810.  Transferred to section 71-5803.06.
71-5816.  Transferred to section 71-5803.08.
71-5818.01.  Transferred to section 71-5803.13.
71-5818.02.  Transferred to section 71-5803.14.
71-5819.  Transferred to section 71-5803.09.
71-5822.  Transferred to section 71-5803.12.
71-5824.  Transferred to section 71-5803.15.
71-5829.03.  Certificate of need; activities requiring.Except as provided in section 71-5830.01, no person, including persons acting for or on behalf of a health care facility, shall engage in any of the following activities without having first applied for and received the necessary certificate of need:(1) The initial establishment of long-term care beds or rehabilitation beds except as permitted under subdivisions (4) and (5) of this section;(2) An increase in the long-term care beds of a health care facility by more than ten long-term care beds or more than ten percent of the total long-term care bed capacity of such facility, whichever is less, over a two-year period;(3) An increase in the rehabilitation beds of a health care facility by more than ten rehabilitation beds or more than ten percent of the total rehabilitation bed capacity of such facility, whichever is less, over a two-year period;(4) Any initial establishment of long-term care beds through conversion by a hospital of any type of hospital beds to long-term care beds if the total beds converted by the hospital are more than ten beds or more than ten percent of the total bed capacity of such hospital, whichever is less, over a two-year period;(5) Any initial establishment of rehabilitation beds through conversion by a hospital of any type of hospital beds to rehabilitation beds if the total beds converted by the hospital are more than ten beds or more than ten percent of the total bed capacity of such hospital, whichever is less, over a two-year period; or(6) Any relocation of rehabilitation beds in Nebraska from one health care facility to another health care facility, except that no certificate of need is required for relocation or transfer of rehabilitation beds from a health care facility to another health care facility owned and operated by the same entity.Source  Laws 1997, LB 798,  22;  Laws 2008, LB765,  1;  Laws 2009, LB195,  84;  Laws 2013, LB487,  1. 
71-5829.04.  Long-term care beds; moratorium; exceptions; department; duties.(1) All long-term care beds which require a certificate of need under section 71-5829.03 are subject to a moratorium unless one of the following exceptions applies:(a) An exception to the moratorium may be granted if the department establishes that the needs of individuals whose medical and nursing needs are complex or intensive and are above the level of capabilities of staff and above the services ordinarily provided in a long-term care bed are not currently being met by the long-term care beds licensed in the health planning region; or(b) If the average occupancy for all licensed long-term care beds located in a twenty-five-mile radius of the proposed site has exceeded ninety percent occupancy during the most recent three consecutive calendar quarters as reported at the time of the application filing and there is a long-term care bed need as determined under this section, the department may grant an exception to the moratorium and issue a certificate of need. If the department determines average occupancy for all licensed long-term care beds located in a twenty-five-mile radius of the proposed site has not exceeded ninety percent occupancy during the most recent three consecutive calendar quarters as reported at the time of the application filing, the department shall deny the application unless the department determines that all long-term care beds in a licensed facility located in a city of the second class or village have been sold or transferred to another facility or facilities located outside of the twenty-five-mile radius of the city or village resulting in no licensed long-term care beds within the corporate limits of the city of the second class or village. In such case, the department shall waive the certificate of need limitations of this subdivision for development and licensure of a long-term care facility by a political subdivision or a nonprofit organization in such a city of the second class or village if the political subdivision or nonprofit organization agrees not to sell long-term care beds licensed under such waiver or increase the number of long-term care beds as allowed under subdivision (2) of section 71-5829.03 until five years have passed after such beds are first occupied. The number of licensed long-term care beds in the facility shall be limited to the number of long-term care beds sold or transferred as described in this subdivision.(2) The department shall review applications which require a certificate of need under section 71-5829.03 and determine if there is a need for additional long-term care beds as provided in this section. No such application shall be approved if the current supply of licensed long-term care beds in the health planning region of the proposed site exceeds the long-term care bed need for that health planning region. For purposes of this section:(a) Long-term care bed need is equal to the population of the health planning region, multiplied by the utilization rate of long-term care beds within the health planning region, and the result divided by the minimum occupancy rate of long-term care beds within the health planning region;(b) Population is the most recent projection of population for the health planning region for the year which is closest to the fifth year immediately following the date of the application. The applicant shall provide such projection as part of the application using data from the University of Nebraska-Lincoln Bureau of Business Research or other source approved by the department;(c) The utilization rate is the number of people using long-term care beds living in the health planning region in which the proposed project is located divided by the population of the health planning region; and(d) The minimum occupancy rate is ninety-five percent for health planning regions which are part of or contain a Metropolitan Statistical Area as defined by the United States Bureau of the Census. For all other health planning regions in the state, the minimum occupancy rate is ninety percent.(3) To facilitate the review and determination required by this section, each health care facility with long-term care beds shall report on a quarterly basis to the department the number of residents at such facility on the last day of the immediately preceding quarter on a form provided by the department. Such report shall be provided to the department no later than ninety days after the last day of the immediately preceding quarter. The department shall provide the occupancy data collected from such reports upon request. Any facility failing to timely report such information shall be ineligible for any exception to the requirement for a certificate of need under section 71-5830.01 and any exception to the moratorium imposed under this section and may not receive, transfer, or relocate long-term care beds.Source  Laws 1997, LB 798,  23;  Laws 2009, LB195,  85;  Laws 2013, LB344,  1. 
71-5829.05.  Long-term care beds; certificate of need; issuance; conditions.If two or more applications are submitted within thirty days after the receipt of the first application for the same health planning region and the approval of all the applications would result in long-term care beds in the health planning region in excess of the long-term care bed need established in section 71-5829.04, the department shall grant the application and issue a certificate of need, subject to any reduction in beds required by section 71-5846 to the applicant which is better able to: (1) Provide quality care; (2) operate a long-term care facility in a cost-effective manner based on annual cost reports submitted to the department; (3) accumulate financial resources to complete the project; and (4) serve medicare, medicaid, and medically indigent long-term care patients in the area. The department shall show a preference to an application filed by an applicant with facilities in Nebraska. Information to make these determinations shall be limited to the application and data currently collected by the state. If the applicant does not have a facility in Nebraska, the department may request information from other states in which the applicant is offering services to make its determination.Source  Laws 1997, LB 798,  24;  Laws 2007, LB296,  635. 
71-5829.06.  Rehabilitation beds; moratorium; exceptions.All rehabilitation beds which require a certificate of need are subject to a moratorium, unless one of the following exceptions applies:(1) If the average occupancy for all rehabilitation beds located in Nebraska has exceeded ninety percent occupancy during the most recent three consecutive calendar quarters as reported at the time of the filing of the application, the department may grant an exception to the moratorium and issue a certificate of need. If the department determines the average occupancy for all rehabilitation beds located in Nebraska does not exceed ninety percent occupancy during the most recent three consecutive calendar quarters as reported at the time of the filing of the application, the department shall deny the application; or(2) If the average occupancy for all rehabilitation beds within a health planning region exceeds eighty percent occupancy during the most recent three consecutive calendar quarters as reported at the time of the filing of the application and no other comparable services are otherwise available in the health planning region, the department shall grant an exception to the moratorium and issue a certificate of need for up to three rehabilitation beds.Source  Laws 1997, LB 798,  25;  Laws 2008, LB765,  2. 
71-5830.01.  Certificate of need; exempt activities.Notwithstanding any other provisions of the Nebraska Health Care Certificate of Need Act, a certificate of need is not required for:(1) A change in classification between an intermediate care facility, a nursing facility, or a skilled nursing facility;(2) A project of a county in which is located a city of the metropolitan class for which a bond issue has been approved by the electorate of such county on or after January 1, 1994;(3) A project of a federally recognized Indian tribe to be located on tribal lands within the exterior boundaries of the State of Nebraska where (a) a determination has been made by the tribe's governing body that the cultural needs of the tribe's members cannot be adequately met by existing facilities if such project has been approved by the tribe's governing body and (b) the tribe has a self-determination agreement in place with the Indian Health Service of the United States Department of Health and Human Services so that payment for enrolled members of a federally recognized Indian tribe who are served at such facility will be made with one hundred percent federal reimbursement; and(4) A transfer or relocation of long-term care beds from one facility to another entity in the same health planning region or any other health planning region. The receiving entity shall obtain a license for the transferred or relocated beds within two years after the transfer or relocation. The department shall grant an extension of such time if the receiving entity is making progress toward the licensure of such beds.Source  Laws 1982, LB 378,  56;  Laws 1989, LB 429,  16;  Laws 1997, LB 798,  26;  Laws 1999, LB 594,  60;  Laws 2008, LB928,  31;  Laws 2009, LB195,  86. 
71-5836.  Department; duties.The department, after consulting with appropriate governmental agencies and affected persons, shall:(1) Prescribe the form to be used in applying for certificates of need and for applying for renewal of such certificates. The application shall contain (a) the name and address of the sponsor, (b) the anticipated date for placing the beds in service, (c) the location, (d) the number of new beds, (e) a concise, narrative description of the project showing the type and description of proposed acute care beds, rehabilitation beds, or long-term care beds, and (f) the certification and telephone number of a responsible officer; and(2) By rule and regulation describe and clarify the procedures to be followed in the review of an application. Such procedures shall be issued with each application form.Source  Laws 1979, LB 172,  36;  Laws 1982, LB 378,  25;  Laws 1989, LB 429,  22;  Laws 1997, LB 798,  27.  
71-5837.  Certificate of need application; filing; fee.An application for a certificate of need shall be filed with the department. All applications for a certificate of need shall be accompanied by a one-thousand-dollar nonrefundable fee. Such fee shall be remitted to the State Treasurer for credit to the General Fund.Source  Laws 1979, LB 172,  37;  Laws 1982, LB 378,  28;  Laws 1989, LB 429,  24;  Laws 1993, LB 840,  1;  Laws 1997, LB 798,  28.  
71-5842.  Transferred to section 71-5859.01.
71-5843.  Transferred to section 71-5859.02.
71-5844.  Transferred to section 71-5859.04.
71-5845.  Transferred to section 71-5859.03.
71-5846.  Certificate of need; decision; department; duties.The department shall make a decision in writing to (1) approve the application and issue a certificate of need, (2) disapprove the application and deny a certificate of need, or (3) if the application is for more long-term care beds than allowed under section 71-5829.04, approve the application but issue a certificate of need only for the reduced number of beds that section 71-5829.04 allows. The department shall make its decision within sixty days after the date the application was received.Source  Laws 1979, LB 172,  46;  Laws 1982, LB 378,  37;  Laws 1989, LB 429,  27;  Laws 1996, LB 1155,  65;  Laws 1997, LB 798,  29.  
71-5848.01.  Certificate of need; period valid; renewal.A new or modified certificate of need shall be valid for a period of one year from the date of issuance and may be renewed at the expiration of such period for up to one year if the holder of the certificate establishes that the holder is meeting the timetable or making a good faith effort to meet it. The department shall give written notice to an applicant for a renewal certificate of its decision within thirty days after receipt of an application. Such decision shall be considered a final decision of the department for purposes of appeal. If the decision is not appealed, it shall be final as of the date issued.Source  Laws 1979, LB 172,  67;  Laws 1982, LB 378,  53;   R.S.1943, (1986),  71-5867;  Laws 1989, LB 429,  29;  Laws 1997, LB 798,  31.  
71-5848.  Application; decision; findings and conclusions.The department shall, when it approves or rejects an application, provide in writing to the applicant the decision and the findings and conclusions on which it based the decision.Source  Laws 1979, LB 172,  48;  Laws 1982, LB 378,  39;  Laws 1989, LB 429,  28;  Laws 1997, LB 798,  30.  
71-5859.  Department; decision; appeal procedures.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.Source  Laws 1979, LB 172,  59;  Laws 1982, LB 378,  49;  Laws 1989, LB 429,  31;  Laws 1997, LB 798,  32;  Laws 2007, LB296,  636. Cross References  Administrative Procedure Act, see section 84-920.
71-5865.  Certificate of need; appeal; burden of proof.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.Source  Laws 1979, LB 172,  65;  Laws 1982, LB 378,  51;  Laws 1989, LB 429,  36;  Laws 1997, LB 798,  33;  Laws 2009, LB195,  87. Annotations  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). 
71-5867.  Transferred to section 71-5848.01.
71-5868.  Violation; department; maintain action.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.Source  Laws 1979, LB 172,  68;  Laws 1982, LB 378,  54;  Laws 1989, LB 429,  38;  Laws 1997, LB 798,  34.  
71-5869.  Health care facility; license or permit; denial, revocation, or suspension; grounds.(1) A license or permit which has been issued by the department under the Health Care Facility Licensure Act or any other state statute to a health care facility which engaged in an activity identified as requiring a certificate of need under the Nebraska Health Care Certificate of Need Act without having first obtained a certificate of need or which engaged in an activity prohibited under the act is subject to revocation or suspension. Nothing contained in this section shall limit the rights of appeal of a health care facility from such decision as provided in the Health Care Facility Licensure Act.(2) No license or permit may be issued or renewed by the department under the Health Care Facility Licensure Act or any other state statute, nor may any type of approval be granted to any health care facility which engaged in an activity identified as requiring a certificate of need under the Nebraska Health Care Certificate of Need Act without having first obtained a certificate of need or which engaged in an activity prohibited under the act.Source  Laws 1979, LB 172,  69;  Laws 1997, LB 798,  35;  Laws 2000, LB 819,  121.  Cross References  Health Care Facility Licensure Act, see section 71-401.
71-5870.  Violation; penalty.Any person who violates the Nebraska Health Care Certificate of Need Act by engaging in any activity which requires a certificate of need without first obtaining a certificate of need as required by the act or by engaging in an activity prohibited under the act is guilty of a Class IV misdemeanor. Each day of violation constitutes a separate offense. The magnitude of the violation is the primary consideration in establishing the amount of the fine.Source  Laws 1979, LB 172,  70;  Laws 1982, LB 378,  55;  Laws 1989, LB 429,  39;  Laws 1997, LB 798,  36.  
71-5901.  Act, how cited.Sections 71-5901 to 71-5909 shall be known and may be cited as the Assisted-Living Facility Act.Source  Laws 2004, LB 1005,  45;  Laws 2019, LB571,  1.  
71-5902.  Purposes of act.The purposes of the Assisted-Living Facility Act are to supplement provisions of the Health Care Facility Licensure Act relating to the licensure and regulation of assisted-living facilities, to provide for the health and safety of residents of such facilities, and to promote the goals of individualized decisionmaking and personal autonomy.Source  Laws 2004, LB 1005,  46;  Laws 2018, LB439,  3.  Cross References  Health Care Facility Licensure Act, see section 71-401.
71-5903.  Terms, defined.For purposes of the Assisted-Living Facility Act:(1) Activities of daily living means activities such as bathing, continence, dressing, grooming, eating, mobility, toileting, transferring, and self-administration of medication and similar activities;(2) Administrator means the person responsible for day-to-day operations of an assisted-living facility and includes a person with a title such as administrator, chief executive officer, manager, superintendent, director, or other similar designation;(3)(a) Assisted-living facility means a residential setting that provides assisted-living services for remuneration to four or more persons who reside in such residential setting and are not related to the owner of the residential setting and, except as provided in subdivision (b) of this subdivision, includes a home, an apartment, or a facility; and(b) Assisted-living facility does not include a home, an apartment, or a facility in which (i) casual care is provided at irregular intervals or (ii) a competent person residing in such home, apartment, or facility provides for or contracts for his or her own personal or professional services if no more than fifty percent of the persons residing in such home, apartment, or facility receive such services;(4) Assisted-living services means services that promote the health and safety of persons in a residential setting, including housing, three meals each day, access to staff for twenty-four hours each day, noncomplex nursing interventions, and support with activities of daily living, and includes resident assessment for admission and continued stay;(5) Authorized representative means a person authorized by a resident of an assisted-living facility, such as a person holding a power of attorney or a resident designee, or authorized by a court, such as a guardian, to manage the affairs of the resident;(6) Chemical restraint means a psychopharmacologic drug that is used for discipline or convenience and is not required to treat medical symptoms;(7) Complex nursing interventions means interventions which require nursing judgment to safely alter standard procedures in accordance with the needs of the resident, which require nursing judgment to determine how to proceed from one step to the next, or which require a multidimensional application of the nursing process;(8) Department means the Department of Health and Human Services;(9) Noncomplex interventions means interventions which can safely be performed according to exact directions, which do not require alteration of the standard procedure, and for which the results and resident responses are predictable;(10) Part-time or intermittent basis means not to exceed ten hours each week for each resident for a period of time with a predictable end within twenty-one days;(11) Physical restraint means any manual method or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that he or she cannot remove easily and that restricts freedom of movement or normal access to his or her own body; and(12) Resident services agreement means an agreement entered into by the resident or the residents authorized representative and the assisted-living facility that stipulates the responsibilities of the assisted-living facility and the resident, identifies service needs of the resident, outlines the services that will be provided to the resident by the assisted-living facility and from other sources, and specifies the cost of services provided by the assisted-living facility.Source  Laws 1997, LB 608,  13;   R.S.Supp.,1998,  71-20,115;  Laws 2000, LB 819,  60;   R.S.1943, (2003),  71-460;  Laws 2004, LB 1005,  47;  Laws 2007, LB296,  637;  Laws 2018, LB439,  4.  
71-5904.  Administrator; discretion.Assisted living promotes resident self-direction and participation in decisions which emphasize independence, individuality, privacy, and dignity.The administrator shall have the discretion regarding admission or retention of residents of the assisted-living facility subject to the Assisted-Living Facility Act and rules and regulations adopted and promulgated under the act.Source  Laws 1997, LB 608,  14;   R.S.Supp.,1998,  71-20,116;  Laws 2000, LB 819,  61;   R.S.1943, (2003),  71-461;  Laws 2004, LB 1005,  48;  Laws 2018, LB439,  5.  
71-5905.  Admission or retention; conditions; services of employees; requirements; written information provided to applicant for admission; resident services agreement.(1) An assisted-living facility shall determine if an applicant for admission to the assisted-living facility is admitted or if a resident of the assisted-living facility is retained based on the care needs of the applicant or resident, the ability to meet those care needs within the assisted-living facility, and the degree to which the admission or retention of the applicant or resident poses a danger to the applicant or resident or others.(2) Any complex nursing intervention or noncomplex intervention provided by an employee of the assisted-living facility shall be performed in accordance with applicable state law.(3) Each assisted-living facility shall provide written information about the practices of the assisted-living facility to each applicant for admission to the facility or his or her authorized representative. The information shall include:(a) A description of the services provided by the assisted-living facility and the staff available to provide the services;(b) The charges for services provided by the assisted-living facility;(c) Whether or not the assisted-living facility accepts residents who are eligible for the medical assistance program under the Medical Assistance Act and, if applicable, the policies or limitations on access to services provided by the assisted-living facility for residents who seek care paid by the medical assistance program;(d) The criteria for admission to and continued residence in the assisted-living facility and the process for addressing issues that may prevent admission to or continued residence in the assisted-living facility;(e) The process for developing and updating the resident services agreement;(f) For facilities that have special care units for dementia, the additional services provided to meet the special needs of persons with dementia; and(g) Whether or not the assisted-living facility provides part-time or intermittent complex nursing interventions.(4) Each assisted-living facility shall enter into a resident services agreement in consultation with each resident.Source  Laws 2004, LB 1005,  49;  Laws 2011, LB401,  1;  Laws 2018, LB439,  6.  Cross References  Medical Assistance Act, see section 68-901.
71-5906.  Complex nursing interventions; authorized; drugs, devices, biologicals, and supplements; list required; duties.(1) An assisted-living facility may provide complex nursing interventions on a part-time or intermittent basis.(2) Every person seeking admission to an assisted-living facility or the authorized representative of such person shall, upon admission and annually thereafter, provide the facility with a list of drugs, devices, biologicals, and supplements being taken or being used by the person, including dosage, instructions for use, and reported use.(3) Every person residing in an assisted-living facility or the authorized representative of such person shall annually provide the facility with a list of drugs, devices, biologicals, and supplements being taken or being used by such person, including dosage, instructions for use, and reported use.(4) An assisted-living facility shall not be subject to disciplinary action by the department for the failure of any person seeking admission to or residing at such facility or the authorized representative of such person to comply with subsections (2) and (3) of this section.(5) Each assisted-living facility shall provide for a registered nurse to review medication administration policies and procedures and to be responsible for the training of medication aides at such facility.Source  Laws 2004, LB 1005,  50;  Laws 2018, LB439,  7.  
71-5907.  State Fire Code classification.For purposes of the State Fire Code under section 81-503.01, an assisted-living facility shall be classified as (1) residential board and care if the facility meets the residential board and care classification requirements of the State Fire Code or (2) limited care if the facility meets the limited care classification requirements of the State Fire Code.Source  Laws 2004, LB 1005,  51;  Laws 2019, LB195,  1.  
71-5908.  Rules and regulations.The department shall adopt and promulgate rules and regulations necessary to carry out the Assisted-Living Facility Act, including, but not limited to, rules and regulations which:(1) Prohibit the use of chemical or physical restraints at an assisted-living facility;(2) Require that a criminal background check be conducted on all persons employed as direct care staff at an assisted-living facility;(3) Establish initial and ongoing training requirements for administrators and approved curriculum for such training. Such requirements shall consist of thirty hours of initial training, including, but not limited to, training in resident care and services, social services, financial management, administration, gerontology, and rules, regulations, and standards relating to the operation of an assisted-living facility. The department may waive initial training requirements established under this subdivision for persons employed as administrators of assisted-living facilities on January 1, 2005, upon application to the department and documentation of equivalent training or experience satisfactory to the department. Training requirements established under this subdivision shall not apply to an administrator who is also a nursing home administrator or a hospital administrator; and(4) Provide for acceptance of accreditation by a recognized independent accreditation body or public agency, which has standards that are at least as stringent as those of the State of Nebraska, as evidence that the assisted-living facility complies with rules and regulations adopted and promulgated under the Assisted-Living Facility Act.Source Laws 2004, LB 1005,  52. 
71-5909.  Grievance procedure.(1) For purposes of this section:(a) Grievance means a written expression of dissatisfaction that may or may not be the result of an unresolved complaint; and(b) Grievance procedure means the written policy of an assisted-living facility for addressing a grievance from an individual including an employee or resident.(2) Each assisted-living facility shall, on or before January 1, 2020, provide to the department the grievance procedure provided to an applicant for admission to the assisted-living facility. When such grievance procedure is modified, updated, or otherwise changed, the new grievance procedure shall be provided to the department within seven business days after such new grievance procedure takes effect. The department shall make such grievance procedure available to the deputy public counsel for institutions.Source Laws 2019, LB571,  2. 
71-6001.  Transferred to section 71-2084.
71-6002.  Transferred to section 71-2085.
71-6003.  Transferred to section 71-2086.
71-6004.  Transferred to section 71-2092.
71-6005.  Transferred to section 71-2093.
71-6006.  Transferred to section 71-2095.
71-6007.  Transferred to section 71-2096.
71-6008.  Definitions, where found.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.Source  Laws 1983, LB 235,  1;  Laws 1986, LB 782,  4;  Laws 1998, LB 1354,  38.  
71-601.01.  Terms, defined.For purposes of the Vital Statistics Act:(1) Abstract of marriage means a certified document that summarizes the facts of marriage, including, but not limited to, the name of the bride and groom, the date of the marriage, the place of the marriage, and the name of the office filing the original marriage license. An abstract of marriage does not include signatures;(2) Certificate means the record of a vital event. Certificate does not include a commemorative certificate;(3) Certification means the process of recording, filing, amending, or preserving a certificate, which process may be by any means, including, but not limited to, microfilm, electronic, imaging, photographic, typewritten, or other means designated by the department;(4) Commemorative certificate means a document commemorating a nonviable birth;(5) Department means the Department of Health and Human Services; and(6) Nonviable birth means an unintentional, spontaneous fetal demise occurring prior to the twentieth week of gestation during a pregnancy that has been verified by a health care practitioner.Source  Laws 1994, LB 886,  2;  Laws 1996, LB 1044,  512;  Laws 2005, LB 301,  24;  Laws 2006, LB 1115,  38;  Laws 2007, LB296,  400;  Laws 2018, LB1040,  2.  
71-601.  Act, how cited.Sections 71-601 to 71-649 shall be known and may be cited as the Vital Statistics Act.Source  Laws 2005, LB 301,  21;  Laws 2018, LB1040,  1;  Laws 2020, LB966,  17.  
71-6010.  Department, defined.Department shall mean the Department of Health and Human Services.Source  Laws 1983, LB 235,  3;  Laws 1996, LB 1044,  745;  Laws 2007, LB296,  638. 
71-6012.  Nursing home, defined.Nursing home shall mean a nursing facility or a skilled nursing facility as defined in section 71-424 or 71-429.Source  Laws 1983, LB 235,  5;  Laws 2000, LB 819,  122.  
71-6013.  Resident, defined.Resident shall mean any person domiciled, residing, or receiving care and treatment, for a period in excess of twenty-four hours, in a nursing home.Source Laws 1983, LB 235,  6. 
71-6016.  License, defined.License shall mean a license to operate a nursing home issued under the Health Care Facility Licensure Act.Source  Laws 1983, LB 235,  9;  Laws 2000, LB 819,  123.  Cross References  Health Care Facility Licensure Act, see section 71-401.
71-6017.01.  Medicaid, defined.Medicaid means the medical assistance program established pursuant to the Medical Assistance Act.Source  Laws 1986, LB 782,  1;  Laws 2006, LB 1248,  78.  Cross References  Medical Assistance Act, see section 68-901.
71-6017.  Licensee, defined.Licensee shall mean the holder of a license.Source Laws 1983, LB 235,  10. 
71-6018.01.  Nursing facility; nursing requirements; waiver; procedure.(1) Unless a waiver is granted pursuant to subsection (2) of this section, a nursing facility shall use the services of (a) a licensed registered nurse for at least eight consecutive hours per day, seven days per week and (b) a licensed registered nurse or licensed practical nurse on a twenty-four-hour basis seven days per week. Except when waived under subsection (2) of this section, a nursing facility shall designate a licensed registered nurse or licensed practical nurse to serve as a charge nurse on each tour of duty. The Director of Nursing Services shall be a licensed registered nurse, and this requirement shall not be waived. The Director of Nursing Services may serve as a charge nurse only when the nursing facility has an average daily occupancy of sixty or fewer residents.(2) The department may waive either the requirement that a nursing facility or long-term care hospital certified under Title XIX of the federal Social Security Act, as amended, use the services of a licensed registered nurse for at least eight consecutive hours per day, seven days per week, or the requirement that a nursing facility or long-term care hospital certified under Title XIX of the federal Social Security Act, as amended, use the services of a licensed registered nurse or licensed practical nurse on a twenty-four-hour basis seven days per week, including the requirement for a charge nurse on each tour of duty, if:(a)(i) The facility or hospital demonstrates to the satisfaction of the department that it has been unable, despite diligent efforts, including offering wages at the community prevailing rate for the facilities or hospitals, to recruit appropriate personnel;(ii) The department determines that a waiver of the requirement will not endanger the health or safety of individuals staying in the facility or hospital; and(iii) The department finds that, for any periods in which licensed nursing services are not available, a licensed registered nurse or physician is obligated to respond immediately to telephone calls from the facility or hospital; or(b) The department has been granted any waiver by the federal government of staffing standards for certification under Title XIX of the federal Social Security Act, as amended, and the requirements of subdivisions (a)(ii) and (iii) of this subsection have been met.(3) The department shall apply for such a waiver from the federal government to carry out subdivision (1)(b) of this section.(4) A waiver granted under this section shall be subject to annual review by the department. As a condition of granting or renewing a waiver, a facility or hospital may be required to employ other qualified licensed personnel. The department may grant a waiver under this section if it determines that the waiver will not cause the State of Nebraska to fail to comply with any of the applicable requirements of medicaid so as to make the state ineligible for the receipt of all funds to which it might otherwise be entitled.(5) The department shall provide notice of the granting of a waiver to the office of the state long-term care ombudsman and to the Nebraska Advocacy Services or any successor designated for the protection of and advocacy for persons with mental illness or an intellectual disability. A nursing facility granted a waiver shall provide written notification to each resident of the facility or, if appropriate, to the guardian, legal representative, or immediate family of the resident.Source  Laws 2000, LB 819,  126;  Laws 2007, LB296,  639;  Laws 2013, LB23,  37. 
71-6018.02.  Skilled nursing facility; nursing requirements; waiver; procedure.(1) Unless a waiver is granted pursuant to subsection (2) of this section, a skilled nursing facility shall use the services of (a) a licensed registered nurse for at least eight consecutive hours per day, seven days per week and (b) a licensed registered nurse or licensed practical nurse on a twenty-four-hour basis seven days per week. Except when waived under subsection (2) of this section, a skilled nursing facility shall designate a licensed registered nurse or licensed practical nurse to serve as a charge nurse on each tour of duty. The Director of Nursing Services shall be a licensed registered nurse, and this requirement shall not be waived. The Director of Nursing Services may serve as a charge nurse only when the skilled nursing facility has an average daily occupancy of sixty or fewer residents.(2) The department may waive the evening and night staffing requirements for skilled nursing facilities or for long-term care hospitals certified under Title XVIII of the federal Social Security Act, as amended, except the requirement that the Director of Nursing Services be a licensed registered nurse, if:(a) The facility or hospital demonstrates to the satisfaction of the department that it has been unable, despite diligent efforts, to hire enough licensed registered nurses and licensed practical nurses to fulfill such requirements. For purposes of this subdivision, diligent efforts include, but are not limited to, offering wages equal to or greater than the community prevailing wage rate being paid such nurses at nursing facilities;(b) The department determines that a waiver of the requirement will not endanger the health or safety of residents of the facility or hospital; and(c) The department finds that, for any period in which staffing requirements cannot be met, a licensed registered nurse or a physician is obligated to respond immediately to telephone calls from the facility or hospital.A waiver granted under this subsection shall be subject to annual review by the department. As a condition of granting or renewing a waiver, a facility or hospital may be required to employ other qualified licensed personnel.(3) The department may waive the requirement that a skilled nursing facility or long-term care hospital certified under Title XVIII of the federal Social Security Act, as amended, provide a licensed registered nurse on duty at the facility or hospital for more than forty hours per week if:(a) The facility or hospital is located in a nonurban area where the supply of skilled nursing facility services is not sufficient to meet the needs of individuals residing in the area;(b) The facility or hospital has one full-time licensed registered nurse who is regularly on duty at the facility or hospital forty hours per week; and(c) The facility or hospital (i) has only patients whose physicians have indicated through orders or admission or progress notes that the patients do not require the services of a licensed registered nurse or a physician for more than forty hours per week or (ii) has made arrangements for a licensed registered nurse or a physician to spend time at the facility or hospital, as determined necessary by the physician, to provide the necessary services on days when the regular, full-time licensed registered nurse is not on duty.A waiver may be granted under this subsection for a period of up to one year by the department.Source Laws 2000, LB 819,  127. 
71-6019.  Access to residents; when permitted.Any employee, representative, or agent of the department, the office of the state long-term care ombudsman, a law enforcement agency, or the local county attorney shall be permitted access at any hour to any resident of any nursing home. Friends and relatives of a resident shall have access during normal visiting and business hours of the facility. Representatives of community legal services programs, volunteers, and members of community organizations shall have access, after making arrangements with proper personnel of the home, during regular visiting and business hours if the purpose of such access is to:(1) Visit, talk with, and make personal, social, and legal services available to all residents;(2) Inform residents of their rights and entitlements and their corresponding obligations under federal and state laws by means of educational materials and discussions in groups and with individual residents;(3) Assist residents in asserting their legal rights regarding claims for public assistance, medical assistance, and social security benefits, as well as in all other matters in which residents are aggrieved. Assistance may include counseling and litigation; or(4) Engage in other methods of asserting, advising, and representing residents so as to extend to them full enjoyment of their rights.Source  Laws 1983, LB 235,  12;  Laws 1992, LB 677,  32;  Laws 1996, LB 1044,  747;  Laws 2007, LB296,  640. 
71-602.01.  Release of information; written agreements authorized.All information designated by the department on all certificates as being for health data and statistical research shall be confidential but may be released to the department for research and statistical purposes. The department may release cost, health, and associated health risk information from medicaid records to the department for research and statistical purposes. Such release shall provide for protection of the security of the content of the information, including access limitations, storage of the information, destruction of the information, and use of the information. The release of such information pursuant to this section shall not make otherwise confidential information a public record.Source  Laws 1993, LB 536,  61;  Laws 1996, LB 1044,  514;  Laws 2007, LB296,  402. 
71-602.  Department; standard forms; release of information; confidentiality.(1) The department shall adopt and promulgate rules and regulations prescribing all standard forms for registering with or reporting to the department and for certification to the public of any birth, abortion, marriage, annulment, dissolution of marriage, or death registered in Nebraska. Such forms shall (a) provide for the registration of vital events as accurately as possible, (b) secure information about the economic, educational, occupational, and sociological backgrounds of the individuals involved in the registered events and their parents as a basis for statistical research in order to reduce morbidity and mortality and improve the quality of life, (c) accomplish such duties in a manner which will be uniform with forms for reporting similar events which have been established by the United States Public Health Service to the extent such forms are consistent with state law, and (d) permit other deviations from such forms as will reduce the costs of gathering information, increase efficiency, or protect the health and safety of the people of Nebraska without jeopardizing such uniformity.(2) All information designated by the department on all certificates as being for health data and statistical research shall be confidential and may be released only to the United States Public Health Service or its successor, government health agencies, or a researcher as approved by the department in accordance with its rules and regulations. The department may publish analyses of any information received on the forms for scientific and public health purposes in such a manner as to assure that the identity of any individual cannot be ascertained. The release of such information pursuant to this section shall not make otherwise confidential information a public record.Source  Laws 1989, LB 344,  1;   Laws 1992, LB 1019,  47;  Laws 1993, LB 536,  60;  Laws 1996, LB 1044,  513;  Laws 2007, LB296,  401. 
71-6020.  Visitor; visitation procedures.Any person entering a nursing home pursuant to section 71-6019 shall first notify appropriate nursing home personnel of his or her presence. He or she shall, upon request, produce identification to establish his or her identity. No such person shall enter the immediate living area of any resident without first identifying himself or herself and then receiving permission from the resident to enter. The rights of other residents present in the room shall be respected.Source Laws 1983, LB 235,  13. 
71-6021.  Administrator refuse access; hearing; procedure; access authorized.(1) Notwithstanding the provisions of sections 71-6019 and 71-6020, the administrator of a nursing home may refuse access to the nursing home to any person if the presence of such person in the nursing home would be injurious to the health and safety of a resident or would threaten the security of the property of a resident or the nursing home or if the person seeks access to the nursing home for commercial purposes. Any person refused access to a nursing home may, within thirty days of such refusal, request a hearing by the department. The wrongful refusal of a nursing home to grant access to any person as required in sections 71-6019 and 71-6020 shall constitute a violation of the Nebraska Nursing Home Act. A nursing home may appeal any citation issued pursuant to this section in the manner provided in sections 71-452 to 71-455.(2) Nothing in sections 71-6019 to 71-6021 shall be construed to prevent (a) an employee of the department, acting in his or her official capacity, from entering a nursing home for any inspection authorized by the act or any rule or regulation adopted and promulgated pursuant thereto or (b) a state long-term care ombudsman or an ombudsman advocate, acting in his or her official capacity, from entering a nursing home to conduct an investigation authorized by any rules and regulations promulgated by the department.Source  Laws 1983, LB 235,  14;  Laws 1992, LB 677,  33;  Laws 1996, LB 1044,  748;  Laws 2000, LB 819,  124;  Laws 2007, LB296,  641. 
71-6022.  Transfer or discharge of resident; conditions; procedure; involuntary transfer or discharge; notice requirements.(1) A nursing home shall not transfer or discharge a resident except (a) upon his or her consent, (b) for medical reasons, (c) for the resident's safety or the safety of other residents or nursing home employees, (d) when rehabilitation is such that movement to a less restrictive setting is possible, or (e) for nonpayment for the resident's stay, except as prohibited by section 71-6023.01 or by Title XVIII or XIX of the Social Security Act as amended.(2) Involuntary transfer from a nursing home or discharge of a resident shall be preceded by a minimum written notice of thirty days, except when subdivision (d) of subsection (1) of this section applies, five days written notice shall be given to the resident or his or her representative and when subdivision (e) of subsection (1) of this section applies, a resident shall be given ten days' written notice if his or her charges are five days or more in arrears. This subsection shall not apply when (a) an emergency transfer or discharge is mandated by the resident's health care needs and is in accord with the written orders and medical justification of the attending physician or (b) the transfer is mandated by the physical safety of other residents or nursing home employees, as documented in the nursing home records.Source  Laws 1983, LB 235,  15;  Laws 1986, LB 782,  5.  
71-6023.01.  Licensure; retention of medicaid resident required; when.A nursing home seeking or renewing a license shall be required to retain a resident whose economic status changes so that such resident receives medicaid or becomes eligible for medicaid if such resident has resided in the nursing home for a period of at least one year after July 17, 1986, unless ten percent of such nursing home's residents are receiving medicaid or are eligible for medicaid. Such requirement shall constitute a condition of licensure. The department shall notify the nursing home of such requirement ninety days prior to the renewal of a license or upon application for a license. For purposes of this section, nursing homes shall include long-term care hospitals, including long-term care units of a hospital. This section shall not apply to the Nebraska veterans homes established pursuant to Chapter 80, article 3.Source  Laws 1986, LB 782,  2;  Laws 1990, LB 1064,  30.  
71-6023.  Involuntary transfer or discharge; notice; contents.(1) The notice required by subsection (2) of section 71-6022 shall contain:(a) The stated reason for the proposed transfer or discharge;(b) The effective date of the proposed transfer or discharge; and(c) In not less than twelve-point type, the text of section 71-445.(2) A copy of the notice required by subsection (2) of section 71-6022 shall be transmitted to the resident and the resident's representative, if a representative has been designated.Source  Laws 1983, LB 235,  16;  Laws 2000, LB 819,  125.  
71-603.01.  Electronic signatures; department; duty.The department shall provide for an electronic means of receiving electronic signatures as provided in section 86-611 for purposes of filing and amending death and fetal death certificates under the Vital Statistics Act.Source Laws 2005, LB 301,  22. 
71-603.  Vital statistics; duties of department; rules and regulations.The department shall provide for the registration of vital events and shall adopt, promulgate, and enforce such rules and regulations as are necessary to carry out the purposes of the Vital Statistics Act.Source   Laws 1919, c. 190, tit. VI, art. II, div. IX,  1, p. 781;   C.S.1922,  8228;   Laws 1927, c. 166,  1, p. 448;   C.S.1929,  71-2401;   R.S.1943,  71-601;   Laws 1965, c. 418,  1, p. 1335;   Laws 1991, LB 703,  27;  Laws 1994, LB 886,  1;  Laws 1996, LB 1044,  511;   R.S.1943, (2003),  71-601;  Laws 2005, LB 301,  23.  
71-6037.  Act, how cited.Sections 71-6008 to 71-6037 shall be known and may be cited as the Nebraska Nursing Home Act.Source  Laws 1983, LB 235,  30;  Laws 1986, LB 782,  6;  Laws 2000, LB 819,  128.  
71-6038.  Terms, defined.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 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; and(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.Source  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.  
71-6039.01.  Paid dining assistant; qualifications.No person shall act as a paid dining assistant in a nursing home unless such person:(1) Is at least sixteen years of age;(2) Is able to speak and understand the English language or a language understood by the nursing home resident being fed by such person;(3) Has successfully completed at least eight hours of training as prescribed by the department for paid dining assistants;(4) Has no adverse findings on the Nurse Aide Registry or the Adult Protective Services Central Registry; and(5) Has no adverse findings on the central registry created in section 28-718 if the nursing home which employs such person as a paid dining assistant has at any one time more than one resident under the age of nineteen years.Source  Laws 2004, LB 1005,  115;  Laws 2014, LB853,  47. 
71-6039.02.  Paid dining assistant; permitted activities.A paid dining assistant shall:(1) Only feed residents who have no complicated feeding problems as selected by the nursing home based on the resident's latest assessment and plan of care and a determination by the charge nurse that the resident's condition at the time of such feeding meets that plan of care;(2) Work under the supervision of a licensed registered or practical nurse who is in the nursing home and immediately available; and(3) Call a supervisor for help in an emergency.Source Laws 2004, LB 1005,  116. 
71-6039.03.  Paid dining assistant; training requirements.(1) The department may prescribe a curriculum for training paid dining assistants and may adopt and promulgate rules and regulations for such courses of training. Such courses shall be no less than eight hours in duration. The department may approve courses of training for paid dining assistants that meet the requirements of this section. Nursing homes may carry out approved courses of training and competency evaluation programs at the nursing home. Training of paid dining assistants shall be administered by a licensed registered nurse.(2) Courses of training and competency evaluation programs for paid dining assistants shall include:(a) Feeding techniques;(b) Assistance with feeding and hydration;(c) Communication and interpersonal skills;(d) Appropriate responses to resident behavior;(e) Safety and emergency procedures, including the abdominal thrust maneuver;(f) Infection control;(g) Resident rights;(h) Recognizing changes in residents that are inconsistent with their normal behavior and the importance of reporting those changes to the supervisory nurse;(i) Special needs; and(j) Abuse and neglect, including the responsibility to report suspected abuse or neglect pursuant to sections 28-372 and 28-711.(3) This section shall not prohibit any facility from exceeding the minimum hourly or training requirements.Source Laws 2004, LB 1005,  117. 
71-6039.04.  Paid dining assistant registry.The department shall maintain a paid dining assistant registry and shall include in the registry individuals who have successfully completed a paid dining assistant course of training and a competency evaluation program.Source Laws 2004, LB 1005,  118. 
71-6039.05.  Paid dining assistant; nursing home; duties.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.Source  Laws 2004, LB 1005,  119;  Laws 2014, LB853,  48. 
71-6039.06.  Eligibility for Licensee Assistance Program.Nurse aides and paid dining assistants are eligible to participate in the Licensee Assistance Program as prescribed by section 38-175.Source  Laws 2007, LB463,  1240;  Laws 2017, LB417,  15.  
71-6039.  Nurse aide; qualifications; training requirements; department; duties; licensure as nurse; effect.(1) No person shall act as a nurse aide in a facility or a distinct part of a facility that provides care as defined in section 71-405, 71-406, 71-409, 71-412, 71-416, 71-417, 71-418, 71-419, 71-420, 71-421, 71-422, 71-424, 71-426, 71-427, or 71-429 unless such person:(a) Is at least sixteen years of age and has not been convicted of a crime involving moral turpitude;(b) Is able to speak and understand the English language or a language understood by a substantial portion of the facility residents; and(c) Has successfully completed a basic course of training approved by the department for nurse aides within one hundred twenty days of initial employment in the capacity of a nurse aide.(2)(a) A registered nurse or licensed practical nurse whose license has been revoked, suspended, or voluntarily surrendered in lieu of discipline may not act as a nurse aide in a facility described in subsection (1) of this section.(b) If a person registered as a nurse aide becomes licensed as a registered nurse or licensed practical nurse, his or her registration as a nurse aide becomes null and void as of the date of licensure.(c) A person listed on the Nurse Aide Registry with respect to whom a finding of conviction has been placed on the registry may petition the department to have such finding removed at any time after one year has elapsed since the date such finding was placed on the registry.(3) The department may prescribe a curriculum for training nurse aides and may adopt and promulgate rules and regulations for such courses of training. The content of the courses of training and competency evaluation programs shall be consistent with federal requirements unless exempted. The department may approve courses of training if such courses of training meet the requirements of this section. Such courses of training shall include instruction on the responsibility of each nurse aide to report suspected abuse or neglect pursuant to sections 28-372 and 28-711. Nursing homes may carry out approved courses of training within the nursing home, except that nursing homes may not conduct the competency evaluation part of the program. The prescribed training shall be administered by a licensed registered nurse.(4) For nurse aides at intermediate care facilities for persons with developmental disabilities, such courses of training shall be no less than twenty hours in duration and shall include at least fifteen hours of basic personal care training and five hours of basic therapeutic and emergency procedure training, and for nurse aides at all nursing homes other than intermediate care facilities for persons with developmental disabilities, such courses shall be no less than seventy-five hours in duration.(5) This section shall not prohibit any facility from exceeding the minimum hourly or training requirements.Source  Laws 1983, LB 273,  2;  Laws 1984, LB 416,  11;  Laws 1986, LB 921,  11;  Laws 1988, LB 463,  49;  Laws 1990, LB 1080,  7;  Laws 1994, LB 1210,  149;  Laws 2004, LB 1005,  111;  Laws 2007, LB185,  43;  Laws 2007, LB463,  1236;  Laws 2013, LB23,  38;  Laws 2017, LB417,  14.  
71-604.01.  Birth certificate; sex reassignment; new certificate; procedure.Upon receipt of a notarized affidavit from the physician that performed sex reassignment surgery on an individual born in this state and a certified copy of an order of a court of competent jurisdiction changing the name of such person, the department shall prepare a new certificate of birth in the new name and sex of such person in substantially the same form as that used for other live births. The evidence from which the new certificate is prepared and the original certificate of birth shall be available for inspection only upon the order of a court of competent jurisdiction.Source  Laws 1994, LB 886,  4;  Laws 1996, LB 1044,  515;  Laws 2007, LB296,  404. 
71-604.02.  Acknowledgment of maternity; biological mother not the birth mother; forms; effect on birth certificate; rebuttable presumption; spouse; paternity; affidavits; department; powers and duties.(1) For purposes of this section:(a) Biological mother means a person who is related to a child as the source of the egg that resulted in the conception of the child; and(b) Birth mother means the person who gave birth to the child.(2) During the period immediately before or after the in-hospital birth of a child whose biological mother is not the same as the birth mother, the person in charge of such hospital or such person's designated representative shall provide to the child's biological mother and birth mother the documents and written instructions for such biological mother and birth mother to complete a notarized acknowledgment of maternity. Such acknowledgment, if signed by both parties and notarized, shall be filed with the department at the same time at which the certificate of live birth is filed.(3) Nothing in this section shall be deemed to require the person in charge of such hospital or such person's designee to seek out or otherwise locate an alleged mother who is not readily identifiable or available.(4) The acknowledgment shall be executed on a form prepared by the department. Such form shall be in essentially the same form provided by the department. The acknowledgment shall include, but not be limited to, (a) a statement by the birth mother consenting to the acknowledgment of maternity and a statement that the biological mother is the legal mother of the child, (b) a statement by the biological mother that she is the biological mother of the child, (c) written information regarding parental rights and responsibilities, and (d) the social security numbers of the mothers.(5) The form provided for in subsection (4) of this section shall also contain instructions for completion and filing with the department if it is not completed and filed with a birth certificate as provided in subsection (2) of this section.(6) The department shall accept completed acknowledgment forms. The department may prepare photographic, electronic, or other reproductions of acknowledgments. Such reproductions, when certified and approved by the department, shall be accepted as the original records, and the documents from which permanent reproductions have been made may be disposed of as provided by rules and regulations of the department.(7) The department shall enter on the birth certificate of any child described in subsection (2) of this section the name of the biological mother of the child upon receipt of an acknowledgment of maternity as provided in this section signed by the biological mother of the child and the birth mother of the child. The name of the birth mother shall not be entered on the birth certificate. If the birth mother is married, the name of the birth mother's spouse shall not be entered on the birth certificate unless paternity for such spouse is otherwise established by law.(8)(a) The signing of a notarized acknowledgment of maternity, whether under this section or otherwise, by the biological mother shall create a rebuttable presumption of maternity as against the biological mother. The signed, notarized acknowledgment is subject to the right of any signatory to rescind the acknowledgment at any time prior to the earlier of:(i) Sixty days after the acknowledgment; or(ii) The date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order in which the signatory is a party.(b) After the rescission period provided for in subdivision (8)(a) of this section, a signed, notarized acknowledgment is considered a legal finding which may be challenged only on the basis of fraud, duress, or material mistake of fact with the burden of proof upon the challenger, and the legal responsibilities, including the child support obligation, of any signatory arising from the acknowledgment shall not be suspended during the challenge, except for good cause shown. Such a signed and notarized acknowledgment or a certified copy or certified reproduction thereof shall be admissible in evidence in any proceeding to establish support.(9)(a) If the biological mother was married at the time of either conception or birth or at any time between conception and birth of a child described in subsection (2) of this section, the name of the biological mother's spouse shall be entered on the certificate as the other parent of the child unless:(i) Paternity has been determined otherwise by a court of competent jurisdiction;(ii) The biological mother and the biological mother's spouse execute affidavits attesting that the biological mother's spouse is not the biological parent of the child, in which case information about the other parent shall be omitted from the certificate; or(iii) The biological mother executes an affidavit attesting that her spouse is not the biological father and naming the biological father; the biological father executes an affidavit attesting that he is the biological father; and the biological mother's spouse executes an affidavit attesting that such spouse is not the biological parent of the child. In such case the biological father shall be shown as the other parent on the certificate.(b) For affidavits executed under subdivision (8)(a)(ii) or (iii) of this section, each signature shall be individually notarized.(10) If the biological mother was not married at the time of either conception or birth or at any time between conception and birth, the name of the biological father shall not be entered on the certificate as the other parent without the written consent of the biological mother and the person named as the biological father.(11) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the adjudicated father shall be entered on the certificate as the other parent in accordance with the finding of the court.(12) If the other parent is not named on the certificate, no other information about the other parent shall be entered thereon.(13) The identification of the father as provided in this section shall not be deemed to affect the legitimacy of the child or the duty to support as set forth in sections 42-377 and 43-1401 to 43-1418.(14) The department may adopt and promulgate rules and regulations as necessary and proper to assist it in the implementation and administration of this section and to establish a nominal payment and procedure for payment for each acknowledgment filed with the department.Source Laws 2020, LB966,  18. 
71-604.05.  Birth certificate; restriction on filing; social security number required; exception; use; release of data to Social Security Administration.(1) The department shall not file (a) a certificate of live birth, (b) a certificate of delayed birth registration for a registrant who is under twenty-five years of age when an application for such certificate is filed, (c) a certificate of live birth filed after adoption of a Nebraska-born person who is under twenty-five years of age or a person born outside of the jurisdiction of the United States, or (d) a certificate of live birth issued pursuant to section 71-628 unless the social security number or numbers issued to the parents are furnished by the person seeking to register the birth. No such certificate may be amended to show paternity unless the social security number of the father is furnished by the person requesting the amendment. The social security number shall not be required if no social security number has been issued to the parent or if the social security number is unknown.(2) Social security numbers (a) shall be recorded on the birth certificate but shall not be considered part of the birth certificate and (b) shall only be used for the purpose of enforcement of child support orders in Nebraska as permitted by Title IV-D of the federal Social Security Act, as amended, or as permitted by section 7(a) of the federal Privacy Act of 1974, as amended.(3) The department may release data to the Social Security Administration which is necessary to obtain a social security number and which is contained on the birth certificate of any individual who has applied for or is receiving medicaid or Supplemental Nutrition Assistance Program benefits. The department shall make such data available only for the purpose of obtaining a social security number for the individual.(4) The department shall provide to the Social Security Administration each parent's name and social security number collected in the birth certification process as required by the federal Taxpayer Relief Act of 1997.Source   Laws 1991, LB 703,  28;  Laws 1993, LB 536,  62;  Laws 1996, LB 1044,  516;  Laws 1997, LB 307,  136;  Laws 1998, LB 1073,  89;  Laws 2004, LB 1005,  55;  Laws 2007, LB296,  405;  Laws 2009, LB288,  34. 
71-604.  Birth certificate; preparation and filing.(1) A certificate for each live birth which occurs in the State of Nebraska shall be filed on a standard Nebraska certificate form. Such certificate shall be filed with the department within five business days after the birth.(2) When a birth occurs in an institution or en route thereto, the person in charge of the institution or his or her authorized designee shall obtain the personal data, prepare the certificate which shall include the name, title, and address of the attendant, certify that the child was born alive at the place and time and on the date stated either by standard procedure or by an approved electronic process, and file the certificate. The physician, physician assistant, or other person in attendance shall provide the medical information required for the certificate within seventy-two hours after the birth.(3) When a birth occurs outside an institution, the certificate of birth shall be prepared and filed by one of the following:(a) The physician or physician assistant in attendance at or immediately after the birth;(b) The father, the mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred; or(c) Any other person in attendance at or immediately after the birth.Source   Laws 1919, c. 190, tit. VI, art. II, div. IX,  5, p. 781;   Laws 1921, c. 253,  1, p. 863;   C.S.1922,  8232;   Laws 1927, c. 166,  2, p. 448;   C.S.1929,  71-2404;   R.S.1943,  71-604;   Laws 1965, c. 418,  2, p. 1335;  Laws 1985, LB 42,  2;  Laws 1989, LB 344,  9;  Laws 1994, LB 886,  3;  Laws 1997, LB 307,  135;  Laws 2007, LB296,  403;  Laws 2009, LB195,  67. Annotations In the light of the legislative history of laws pertaining to osteopathy the term physician, used in this section, was intended to include regularly licensed osteopathic physicians. State ex rel. Johnson v. Wagner, 139 Neb. 471, 297 N.W. 906 (1941).
71-6040.  Department; approve programs and materials.The department shall approve all courses, lectures, seminars, course materials, or other instructional programs used to meet the requirements of sections 71-6038 to 71-6042.Source  Laws 1983, LB 273,  3;  Laws 1996, LB 1044,  750;  Laws 2004, LB 1005,  112;  Laws 2007, LB463,  1237. 
71-6041.  Department; adopt rules and regulations.To protect the health, safety, and welfare of nursing home residents and the public, the department shall adopt and promulgate such rules and regulations as are necessary for the effective administration of sections 71-6038 to 71-6042. Such rules and regulations shall be consistent with federal requirements developed by the United States Department of Health and Human Services.Source  Laws 1983, LB 273,  4;  Laws 1994, LB 1210,  150;  Laws 1996, LB 1044,  751;  Laws 2004, LB 1005,  113;  Laws 2007, LB463,  1238. 
71-6042.  Chief medical officer; enforcement; powers.The chief medical officer as designated in section 81-3115 shall have the authority to enforce sections 71-6038 to 71-6042 and rules and regulations adopted under section 71-6041 by any of the following means: Denial, suspension, restriction, or revocation of a nursing home's license, refusal of the renewal of a nursing home's license, restriction of a nursing home's admissions, or any other enforcement provision granted to the department.Source  Laws 1983, LB 273,  5;  Laws 2004, LB 1005,  114;  Laws 2007, LB296,  643;  Laws 2007, LB463,  1239. 
71-605.01.  Death certificate; death in military service outside continental limits of United States; recording.Death certificates issued by or under the authority of the United States for persons who were residents of Nebraska at the time they entered the military or armed forces of the United States, and died while in the service of their country while outside the continental limits of the United States may be recorded with the department.Source   Laws 1947, c. 233,  1, p. 739;   Laws 1949, c. 203,  1, p. 588;  Laws 1996, LB 1044,  518;  Laws 2007, LB296,  406. 
71-605.02.  Death certificate; death in military service outside continental limits of United States; fees.The department shall preserve permanently and index all such certificates and shall charge and collect in advance the fee prescribed in section 71-612, to be paid by the applicant for each certified copy supplied to the applicant or for any search made at the applicant's request for access to or a certified copy of any record, whether or not the record is found on file with the department. All fees so collected shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund as provided in section 71-612.Source   Laws 1947, c. 233,  2, p. 739;   Laws 1965, c. 419,  1, p. 1342;   Laws 1967, c. 442,  1, p. 1382;  Laws 1973, LB 583,  7;   Laws 1991, LB 703,  29;   Laws 1992, LB 1019,  48;  Laws 1996, LB 1044,  519;  Laws 2007, LB296,  407. 
71-605.04.  Death; autopsy; sudden infant death syndrome; report by county attorney or coroner; to whom.The county attorney or coroner shall, within two days of the issuance of the autopsy results showing death suspected due to the sudden infant death syndrome, notify a representative of the Nebraska Sudden Infant Death Syndrome Foundation or the appropriate area community mental health center of the name of the parents of the sudden infant death syndrome victim.Source  Laws 1978, LB 605,  2;  Laws 1990, LB 954,  1.  
71-605.  Death certificate; cause of death; sudden infant death syndrome; how treated; cremation, disinterment, or transit permits; how executed; filing; requirements.(1) The funeral director and embalmer in charge of the funeral of any person dying in the State of Nebraska shall cause a certificate of death to be filled out with all the particulars contained in the standard form adopted and promulgated by the department. Such standard form shall include a space for veteran status and the period of service in the armed forces of the United States and a statement of the cause of death made by a person holding a valid license as a physician, physician assistant, or nurse practitioner who last attended the deceased. The standard form shall also include the deceased's social security number and a notice that, pursuant to section 30-2413, demands for notice which may affect the estate of the deceased are filed with the county court in the county where the decedent resided at the time of death. Death and fetal death certificates shall be completed by the funeral directors and embalmers and physicians, physician assistants, or nurse practitioners for the purpose of filing with the department and providing child support enforcement information pursuant to section 43-3340.(2) The physician, physician assistant, or nurse practitioner shall have the responsibility and duty to complete and sign by electronic means pursuant to section 71-603.01, within twenty-four hours from the time of death, that part of the certificate of death entitled medical certificate of death. In the case of a death when no person licensed as a physician, physician assistant, or nurse practitioner was in attendance, the funeral director and embalmer shall refer the case to the county attorney who shall have the responsibility and duty to complete and sign the death certificate by electronic means pursuant to section 71-603.01.No cause of death shall be certified in the case of the sudden and unexpected death of a child between the ages of one week and three years until an autopsy is performed at county expense by a qualified pathologist pursuant to section 23-1824. The parents or guardian shall be notified of the results of the autopsy by their physician, physician assistant, nurse practitioner, community health official, or county coroner within forty-eight hours. The term sudden infant death syndrome shall be entered on the death certificate as the principal cause of death when the term is appropriately descriptive of the pathology findings and circumstances surrounding the death of a child.If the circumstances show it possible that death was caused by neglect, violence, or any unlawful means, the case shall be referred to the county attorney for investigation and certification. The county attorney shall, within twenty-four hours after taking charge of the case, state the cause of death as ascertained, giving as far as possible the means or instrument which produced the death. All death certificates shall show clearly the cause, disease, or sequence of causes ending in death. If the cause of death cannot be determined within the period of time stated above, the death certificate shall be filed to establish the fact of death. As soon as possible thereafter, and not more than six weeks later, supplemental information as to the cause, disease, or sequence of causes ending in death shall be filed with the department to complete the record. For all certificates stated in terms that are indefinite, insufficient, or unsatisfactory for classification, inquiry shall be made to the person completing the certificate to secure the necessary information to correct or complete the record.(3) A completed death certificate shall be filed with the department within five business days after the date of death. If it is impossible to complete the certificate of death within five business days, the funeral director and embalmer shall notify the department of the reason for the delay and file the certificate as soon as possible.(4) Before any dead human body may be cremated, a cremation permit shall first be signed electronically by the county attorney, or by his or her authorized representative as designated by the county attorney in writing, of the county in which the death occurred on an electronic form prescribed and furnished by the department.(5) A permit for disinterment shall be required prior to disinterment of a dead human body. The permit shall be issued by the department to a licensed funeral director and embalmer upon proper application. The request for disinterment shall be made by the person listed in section 30-2223 or a county attorney on a form furnished by the department. The application shall be signed by the funeral director and embalmer who will be directly supervising the disinterment. When the disinterment occurs, the funeral director and embalmer shall sign the permit giving the date of disinterment and file the permit with the department within ten days of the disinterment.(6) When a request is made under subsection (5) of this section for the disinterment of more than one dead human body, an order from a court of competent jurisdiction shall be submitted to the department prior to the issuance of a permit for disinterment. The order shall include, but not be limited to, the number of bodies to be disinterred if that number can be ascertained, the method and details of transportation of the disinterred bodies, the place of reinterment, and the reason for disinterment. No sexton or other person in charge of a cemetery shall allow the disinterment of a body without first receiving from the department a disinterment permit properly completed.(7) No dead human body shall be removed from the state for final disposition without a transit permit issued by the funeral director and embalmer having charge of the body in Nebraska, except that when the death is subject to investigation, the transit permit shall not be issued by the funeral director and embalmer without authorization of the county attorney of the county in which the death occurred. No agent of any transportation company shall allow the shipment of any body without the properly completed transit permit prepared in duplicate.(8) The interment, disinterment, or reinterment of a dead human body shall be performed under the direct supervision of a licensed funeral director and embalmer, except that hospital disposition may be made of the remains of a child born dead pursuant to section 71-20,121.(9) All transit permits issued in accordance with the law of the place where the death occurred in a state other than Nebraska shall be signed by the funeral director and embalmer in charge of burial and forwarded to the department within five business days after the interment takes place.(10) The changes made to this section by Laws 2019, LB593, shall apply retroactively to August 24, 2017.Source   Laws 1921, c. 253,  2, p. 863;   C.S.1922,  8233;   Laws 1927, c. 166,  3, p. 449;   C.S.1929,  71-2405;   R.S.1943,  71-605;   Laws 1949, c. 202,  1, p. 585;   Laws 1953, c. 241,  1, p. 830;   Laws 1961, c. 341,  3, p. 1091;   Laws 1965, c. 418,  3, p. 1335;  Laws 1973, LB 29,  1;  Laws 1978, LB 605,  1;  Laws 1985, LB 42,  3;  Laws 1989, LB 344,  10;  Laws 1993, LB 187,  8;  Laws 1996, LB 1044,  517;  Laws 1997, LB 307,  137;  Laws 1997, LB 752,  172;  Laws 1999, LB 46,  4;  Laws 2003, LB 95,  33;  Laws 2005, LB 54,  14;  Laws 2005, LB 301,  25;  Laws 2007, LB463,  1184;  Laws 2009, LB195,  68;  Laws 2012, LB1042,  4;  Laws 2014, LB998,  14;  Laws 2016, LB786,  1;  Laws 2017, LB268,  15;  Laws 2019, LB593,  9.  Cross References   For authority of chiropractors to sign death certificates, see section 38-811.  For authority of physician assistants to sign death certificates, see section 38-2047.  Organ and tissue donation, notation required, see section 71-4816. Annotations  Medical certificate is not admissible as proof of cause of death. O'Neil v. Union Nat. Life Ins. Co., 162 Neb. 284, 75 N.W.2d 739 (1956). An autopsy is required and justified and may be ordered by the county attorney, without the consent of the family, whenever it is necessary to determine whether or not the cause of death of a human being involved unlawful means. Sturgeon v. Crosby Mortuary, 140 Neb. 82, 299 N.W. 378 (1941). In a controversy between individuals where the cause of death is a material issue, the medical certificate of death, executed by the physician last in attendance, is not competent proof of the cause of death as recited therein. Omaha & C. B. St. Ry. Co. v. Johnson, 109 Neb. 526, 191 N.W. 691 (1922). 
71-6054.  Transferred to section 38-2419.
71-6055.  Transferred to section 38-2420.
71-6056.  Transferred to section 38-2421.
71-6058.  Transferred to section 38-2422.
71-606.  Stillborn child; death certificate; how registered; duties; certificate of birth resulting in stillbirth.(1) A stillborn child shall be registered as a fetal death on a certificate form furnished by the department. Such certificate shall not be required for a child which has not advanced to the twentieth week of gestation. The certificate shall be filed with the department by the funeral director and embalmer in charge of the funeral and shall include a statement of the cause of death made by a person holding a valid license as a physician who was in attendance. In the event of hospital disposition, as provided in section 71-20,121, the entire certificate shall be completed by the attending physician and subscribed to also by the hospital administrator or his or her designated representative. If the attendant is not a physician, the death shall be referred to the county attorney for certification. The same time limit for completion shall apply as for a regular death certificate.(2)(a) The parent of a stillborn child may request a certificate of birth resulting in stillbirth for such child, regardless of the date of filing of the corresponding fetal death certificate. The department shall provide such certificate upon request and payment of the required fee. For purposes of this section, certificate of birth resulting in stillbirth means a birth certificate issued to record the birth of a stillborn child.(b) The person responsible for filing a fetal death certificate under this section shall notify the parent or parents of the stillborn child that such parent may request a certificate of birth resulting in stillbirth and shall provide the necessary information for making such request.(c) The parent requesting a certificate of birth resulting in stillbirth may provide a name for the stillborn child. If no name is provided, the department shall enter upon the certificate the name "baby boy" or "baby girl" and the last name of the requesting parent. The name on the original or amended certificate of birth resulting in stillbirth shall be the same as that entered on the original or amended fetal death certificate and shall include the state file number of the corresponding fetal death certificate for such child.Source   Laws 1919, c. 190, tit. VI, art. II, div. IX,  7, p. 782;   C.S.1922,  8237;   C.S.1929,  71-2409;   R.S.1943,  71-606;   Laws 1965, c. 418,  4, p. 1337;  Laws 1985, LB 42,  4;  Laws 1989, LB 344,  11;  Laws 1993, LB 187,  9;  Laws 1996, LB 1044,  520;  Laws 1997, LB 307,  138;  Laws 2003, LB 95,  34;  Laws 2007, LB296,  408;  Laws 2008, LB1048,  1. 
71-6060.  Transferred to section 38-2424.
71-6062.  Transferred to section 38-2418.
71-6063.  Transferred to section 38-2423.
71-6065.  Transferred to section 38-2417.
71-607.  Nonviable birth; commemorative certificate; department; duties; fee.(1)(a) A health care practitioner licensed pursuant to the Uniform Credentialing Act who attends or diagnoses a nonviable birth or a health care facility licensed pursuant to the Health Care Facility Licensure Act at which a nonviable birth occurs shall advise a patient who experiences a nonviable birth that the patient may request a commemorative certificate as provided in this section and, upon request by the patient, shall provide a letter verifying the nonviable birth to the patient. The health care practitioner may delegate this duty to his or her designee. In lieu of a letter, the health care practitioner or his or her designee may provide the patient with a form provided by the department pursuant to subdivision (b) of this subsection and executed by the health care practitioner or his or her designee.(b) The department shall provide on its website a form to be executed by a health care practitioner or his or her designee affirming that a patient experienced a nonviable birth that the health care practitioner attended or diagnosed.(2) Upon the request of the patient and submission of the letter or executed form, the department shall issue a commemorative certificate within sixty days after receipt of such request. The department shall charge a fee not to exceed its actual cost for issuing the commemorative certificate.(3)(a) The commemorative certificate shall contain the name of the fetus and the gender, if known. If the name is not furnished by the patient, the department shall fill in the commemorative certificate with the name Baby Boy or Baby Girl and the last name of the patient, and if the gender of the child is also unknown, the department shall fill in the commemorative certificate with the name Baby and the last name of the patient.(b) The following statement shall appear on the front of the commemorative certificate: This commemorative certificate is not proof of a live birth.(4) The department shall not register the birth associated with a commemorative certificate issued under this section or use it to calculate live birth statistics. The commemorative certificate is commemorative in nature and has no legal effect.(5) A commemorative certificate issued under this section shall not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a nonviable birth.Source Laws 2018, LB1040,  3. Cross References   Health Care Facility Licensure Act, see section 71-401.  Uniform Credentialing Act, see section 38-101. 
71-608.01.  Birth and death certificates; local registration; where filed; exemption.Persons in any county containing a city of the metropolitan or primary class which has an established city-county or county health department pursuant to sections 71-1626 to 71-1636 which has an established birth and death registration system shall be exempt from the requirements of direct filing of birth and death certificates required by sections 71-604, 71-605, and 71-606. The certificates for the births and deaths occurring in any such county shall be filed with the vital statistics office of the city-county or county health department within five business days of the date of the birth or death. The city-county or county health department shall forward the certificates to the department within ten business days of the date of the birth or death.Source  Laws 1985, LB 42,  6;  Laws 1997, LB 307,  139;  Laws 2007, LB296,  409. 
71-610.  Maternity homes; hospitals; birth reports.Maternity homes and lying-in hospitals, and places used as such, shall report to the department on the first day of each month the sex and date of birth of all children born in their respective institutions during the preceding month. The report shall also show the names and addresses of the parents and attending physicians.Source   Laws 1919, c. 190, tit. VI, art. II, div. IX,  12, p. 783;   C.S.1922,  8242;   Laws 1927, c. 166,  7, p. 451;   C.S.1929,  71-2414;   R.S.1943,  71-610;  Laws 1996, LB 1044,  522;  Laws 2007, LB296,  411. 
71-6101.  Transferred to section 38-2501.
71-6102.  Transferred to section 38-2502.
71-6103.  Transferred to section 38-2503.
71-6104.  Transferred to section 38-2516.
71-6105.  Transferred to section 38-2517.
71-6106.  Transferred to section 38-2518.
71-6107.  Transferred to section 38-2519.
71-6108.  Transferred to section 38-2520.
71-611.  Department; forms; duty to supply; use of computer-generated forms; authorized.The department shall supply all necessary blanks, forms, and instructions pertaining to the recording of births and deaths to physicians, hospitals, and funeral directors and embalmers. Upon written request, the department may authorize a funeral director and embalmer licensed in Nebraska to use computer-generated death certificate forms on paper supplied by the department which is of the same quality and identical in form established in department regulations for death certificates which are not computer-generated.Source   Laws 1919, c. 190, tit. VI, art. II, div. IX,  13, p. 783;   C.S.1922,  8243;   Laws 1927, c. 166,  8, p. 451;   C.S.1929,  71-2415;   R.S.1943,  71-611;   Laws 1953, c. 242,  1, p. 832;   Laws 1959, c. 322,  1, p. 1179;  Laws 1985, LB 42,  5;   Laws 1992, LB 1019,  49;  Laws 1993, LB 187,  11;  Laws 1996, LB 1044,  523;  Laws 2007, LB296,  412. 
71-6113.  Transferred to section 38-2521.
71-6114.  Transferred to section 38-2524.
71-6115.  Transferred to section 38-2515.
71-6117.  Transferred to section 38-2525.
71-6118.  Transferred to section 38-2526.
71-6119.  Transferred to section 38-2527.
71-612.  Department; certificates; copies; fees; waiver of fees, when; search of death certificates; fee; access; petty cash fund; authorized.(1) The department, as the State Registrar, shall preserve permanently and index all certificates received. The department shall supply to any applicant for any proper purpose, as defined by rules and regulations of the department, a certified copy of the record of any birth, death, marriage, annulment, or dissolution of marriage or an abstract of marriage. The department shall supply a copy of a public vital record for viewing purposes at its office upon an application signed by the applicant and upon proof of the identity of the applicant. The application may include the name, address, and telephone number of the applicant, purpose for viewing each record, and other information as may be prescribed by the department by rules and regulations to protect the integrity of vital records and prevent their fraudulent use. Except as provided in subsections (2), (3), (5), (6), and (7) of this section, the department shall be entitled to charge and collect in advance a fee of sixteen dollars to be paid by the applicant for each certified copy or abstract of marriage supplied to the applicant or for any search made at the applicant's request for access to or a certified copy of any record or abstract of marriage, whether or not the record or abstract is found on file with the department.(2) The department shall, free of charge, search for and furnish a certified copy of any record or abstract of marriage on file with the department upon the request of (a) the United States Department of Veterans Affairs or any lawful service organization empowered to represent veterans if the copy of the record or abstract of marriage is to be issued, for the welfare of any member or veteran of the armed forces of the United States or in the interests of any member of his or her family, in connection with a claim growing out of service in the armed forces of the nation or (b) the Military Department.(3) The department may, free of charge, search for and furnish a certified copy of any record or abstract of marriage on file with the department when in the opinion of the department it would be a hardship for the claimant of old age, survivors, or disability benefits under the federal Social Security Act to pay the fee provided in this section.(4) A strict account shall be kept of all funds received by the department. Funds received pursuant to subsections (1), (5), (6), and (8) of this section shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund. Money credited to the fund pursuant to this section shall be used for the purpose of administering the laws relating to vital statistics and may be used to create a petty cash fund administered by the department to facilitate the payment of refunds to individuals who apply for copies or abstracts of records. The petty cash fund shall be subject to section 81-104.01, except that the amount in the petty cash fund shall not be less than twenty-five dollars nor more than one thousand dollars.(5) The department shall, upon request, conduct a search of death certificates for stated individuals for the Nebraska Medical Association or any of its allied medical societies or any inhospital staff committee pursuant to sections 71-3401 to 71-3403. If such death certificate is found, the department shall provide a noncertified copy. The department shall charge a fee for each search or copy sufficient to cover its actual direct costs, except that the fee shall not exceed three dollars per individual search or copy requested.(6) The department may permit use of data from vital records for statistical or research purposes under section 71-602 or disclose data from certificates or records to federal, state, county, or municipal agencies of government for use in administration of their official duties and charge and collect a fee that will recover the department's cost of production of the data. The department may provide access to public vital records for viewing purposes by electronic means, if available, under security provisions which shall assure the integrity and security of the records and database and shall charge and collect a fee that shall recover the department's costs.(7) In addition to the fees charged under subsection (1) of this section, the department shall charge and collect an additional fee of one dollar for any certified copy of the record of any birth or for any search made at the applicant's request for access to or a certified copy of any such record, whether or not the record is found on file with the department. Any county containing a city of the metropolitan class which has an established city-county or county health department pursuant to sections 71-1626 to 71-1636 which has an established system of registering births and deaths shall charge and collect in advance a fee of one dollar for any certified copy of the record of any birth or for any search made at the applicant's request for such record, whether or not the record is found on file with the county. All fees collected under this subsection shall be remitted to the State Treasurer for credit to the Nebraska Child Abuse Prevention Fund.(8) The department shall not charge other state agencies the fees authorized under subsections (1) and (7) of this section for automated review of any certificates or abstracts of marriage. The department shall charge and collect a fee from other state agencies for such automated review that will recover the department's cost.Source   Laws 1919, c. 190, tit. VI, art. II, div. IX,  14, p. 784;   Laws 1921, c. 73,  1, p. 272;   C.S.1922,  8244;   Laws 1927, c. 166,  9, p. 451;   C.S.1929,  71-2416;   Laws 1941, c. 140,  10, p. 554;   C.S.Supp.,1941,  71-2416;   Laws 1943, c. 147,  1, p. 532;   R.S.1943,  71-612;   Laws 1951, c. 229,  1, p. 830;   Laws 1959, c. 323,  1, p. 1180;   Laws 1963, c. 410,  1, p. 1330;   Laws 1965, c. 418,  6, p. 1338;   Laws 1965, c. 419,  2, p. 1342;  Laws 1973, LB 583,  8;  Laws 1983, LB 617,  14;  Laws 1985, LB 42,  7;  Laws 1986, LB 333,  9;  Laws 1989, LB 344,  12;   Laws 1991, LB 703,  30;   Laws 1992, LB 1019,  50;  Laws 1993, LB 536,  63;  Laws 1995, LB 406,  32;  Laws 1996, LB 1044,  524;  Laws 1997, LB 307,  140;  Laws 2002, Second Spec. Sess., LB 48,  3;  Laws 2004, LB 1005,  56;  Laws 2006, LB 994,  86;  Laws 2006, LB 1115,  39;  Laws 2007, LB296,  413;  Laws 2014, LB994,  1. 
71-6120.  Transferred to section 38-2528.
71-6121.  Transferred to section 38-2529.
71-6122.  Transferred to section 38-2530.
71-6123.  Transferred to section 38-2531.
71-613.  Violation; penalty.Except as otherwise provided in section 71-649, any person violating any of the provisions of sections 71-601.01 to 71-616 shall be deemed guilty of a Class III misdemeanor.Source   Laws 1919, c. 190, tit. VI, art. II, div. IX,  15, p. 784;   C.S.1922,  8245;   C.S.1929,  71-2417;   R.S.1943,  71-613;  Laws 1977, LB 39,  153;  Laws 2005, LB 301,  26.  
71-614.  Marriage licenses; amendment; department; county clerk; duties.As soon as possible after completion of an amendment to a marriage license by the department, the department shall forward a noncertified copy of the marriage license reflecting the amendment to the county clerk of the county in which the license was filed. Upon receipt of the amended copy, the county clerk shall make the necessary changes on the marriage license on file in his or her office to reflect the amendment.Source   Laws 1919, c. 190, tit. VI, art. II, div. IX,  16, p. 784;   C.S.1922,  8246;   Laws 1927, c. 166,  10, p. 452;   C.S.1929,  71-2418;   R.S.1943,  71-614;   Laws 1959, c. 323,  2, p. 1180;   Laws 1967, c. 443,  1, p. 1383;   Laws 1967, c. 444,  1, p. 1385;  Laws 1977, LB 73,  1;  Laws 1986, LB 525,  13;   Laws 1992, LB 1019,  53;  Laws 1996, LB 1044,  525;  Laws 1997, LB 307,  141;  Laws 2007, LB296,  414;  Laws 2021, LB93,  1.  
71-615.  Annulments or dissolutions of marriage; monthly reports; duty of clerk of district court.On or before the fifth day of each month, the clerk of the district court of each county shall make and return to the department, upon suitable forms furnished by the department, a statement of each action for annulment or dissolution of marriage granted in the court of which he or she is clerk during the preceding calendar month. The information requested by the department shall be furnished by the plaintiff or his or her legal representative and presented to the clerk of the court with the complaint. If, after reasonable attempts are made by the plaintiff or his or her legal representative to attain such information, the information is unavailable, the designation unknown shall be accepted by the department. If no annulments or dissolutions of marriage were granted in the county during the preceding month, a card furnished by the department indicating such information shall be submitted on or before the fifth day of each month to the department.Source   Laws 1919, c. 190, tit. VI, art. II, div. IX,  18, p. 785;   C.S.1922,  8248;   Laws 1927, c. 166,  11, p. 452;   C.S.1929,  71-2419;   R.S.1943,  71-615;   Laws 1959, c. 323,  3, p. 1181;   Laws 1967, c. 443,  2, p. 1384;   Laws 1967, c. 444,  2, p. 1386;  Laws 1977, LB 73,  2;  Laws 1989, LB 344,  13;  Laws 1996, LB 1044,  526;  Laws 1996, LB 1296,  28;  Laws 1997, LB 229,  40;  Laws 2007, LB296,  415;  Laws 2012, LB904,  1. 
71-616.01.  Match birth and death certificates; viewing records; department; powers.To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the department is authorized to match birth and death certificates and to post the facts of death to the appropriate birth certificate. To assist in the matching process, the department is authorized to enter into agreements with offices of vital records outside the state to exchange the birth or death records or reports of each state's citizens. Copies of birth certificates issued of deceased persons shall be marked deceased.The department may also maintain applications for viewing vital records and match the same against requests for certified copies or adopt such other security measures as may serve to identify requests to view vital records made for unlawful or fraudulent purposes.Source  Laws 1992, LB 1019,  51. 
71-616.02.  Filing and registering of information; additional methods authorized.Information required in certificates or reports authorized by sections 71-605.02, 71-612, and 71-616.01 may be filed and registered by electronic or other means if authorized by the department and as prescribed by department regulation.Source  Laws 1992, LB 1019,  52. 
71-616.03.  Filing and issuing vital records; additional methods authorized.The department may accept for filing and issue certified copies of vital records generated from microfilm, imaging, electronic means, or any other medium as designated by the department.Source  Laws 1994, LB 886,  5;  Laws 1996, LB 1044,  528;  Laws 2007, LB296,  417. 
71-616.04.  Preservation of vital records; methods authorized.To preserve vital records, the department may prepare typewritten, photographic, electronic, or other reproductions of certificates or reports of vital records. Such reproductions, when verified and approved by the department, shall be accepted as the original records, and the documents from which permanent reproductions have been made may be disposed of as provided by rules and regulations of the department.Source  Laws 1994, LB 886,  6;  Laws 1996, LB 1044,  529;  Laws 1997, LB 307,  142;  Laws 2007, LB296,  418. 
71-616.  Reports; department to tabulate.The department shall preserve permanently and index all births, deaths, marriages, and divorces received, and shall tabulate statistics therefrom.Source   Laws 1919, c. 190, tit. VI, art. II, div. IX,  19, p. 785;   C.S.1922,  8249;   Laws 1927, c. 166,  12, p. 453;   C.S.1929,  71-2420;   R.S.1943,  71-616;  Laws 1996, LB 1044,  527;  Laws 2007, LB296,  416. 
71-617.01.  Delayed Birth Registration Act, how cited.Sections 71-617.01 to 71-617.15 shall be known and may be cited as the Delayed Birth Registration Act.Source Laws 1985, LB 42,  8. 
71-617.02.  Delayed birth registration; application; fee; certificate registered; documentary evidence, defined.A notarized application may be filed with the department for a delayed registration of birth of any person born in the State of Nebraska whose birth is not registered within one year after the date of birth. If the birth occurred in the State of Nebraska at any time since the commencement in 1905 of mandatory registration under the laws of Nebraska, the applicant shall pay the statutory file search fee prescribed by section 71-612 to determine that such birth is not recorded. The certificate shall be registered based upon documentary evidence furnished to substantiate the alleged facts of birth. As used in the Delayed Birth Registration Act, unless the context otherwise requires, documentary evidence shall mean independent records each of which was created for a different purpose.Source  Laws 1985, LB 42,  9;  Laws 1997, LB 307,  144;  Laws 2007, LB296,  419. 
71-617.03.  Delayed birth certificate; contents.Any birth certificate filed one year or more after the date of birth shall be marked Delayed and shall show on the face of the certificate the date of the delayed registration. A summary statement of the evidence submitted in support of the delayed registration shall be listed on the certificate.Source Laws 1985, LB 42,  10. 
71-617.04.  Delayed birth certificate; persons applying.In order to request the issuance of a certificate of delayed birth registration, the applicant shall be at least eighteen years of age. If the applicant is not yet eighteen years of age, application may be made only by the applicant's father, mother, guardian, or attendant at birth.Source Laws 1985, LB 42,  11. 
71-617.05.  Delayed birth certificate; application; fee; records required.Each application for a certificate of delayed birth registration shall be accompanied by the fees required by subsection (1) of section 71-617.15 and three independent supporting records as provided in section 71-617.06, only one of which may be an affidavit of personal recollection from a person at least five years older than the applicant and having a personal knowledge of the facts at the time of birth. Any evidence used shall relate to the date and place of birth and at least one item of documentary evidence shall correctly establish parentage.Source  Laws 1985, LB 42,  12;  Laws 2004, LB 1005,  57.  
71-617.06.  Delayed birth certificate; independent supporting records; enumerated.Independent supporting records shall include, but not be limited to, original records or certified or notarized copies of:(1) A recorded certificate of baptism performed under age four;(2) An insurance policy application personal history sheet;(3) A federal census record;(4) A school census record;(5) A military service record;(6) A family Bible record when proved beyond a reasonable doubt that the record was made before the child reached age four;(7) Other evidence on file in the department taken from other registrations;(8) A record at least five years old or established within seven years of the date of birth such as a physician's certificate or an affidavit taken from physician, hospital, nursing, or clinic records;(9) An affidavit from a parent or longtime acquaintance;(10) A printed notice of birth;(11) A record from a birthday or baby book;(12) A school record; or(13) A church record.An affidavit shall include the full name of the person whose birth is being registered as well as the date and place of birth and the basis of the affiant's knowledge of these facts.Source  Laws 1985, LB 42,  13;  Laws 1997, LB 307,  145;  Laws 2007, LB296,  420. 
71-617.07.  Refusal to issue delayed birth certificate; reasons; appeal.If an applicant for a certificate of delayed birth registration fails to submit the minimum documentation required for the delayed registration or if the department has reasonable cause to question the validity or adequacy of either the applicant's sworn statement or the documentary evidence due to conflicting evidence submitted and if the deficiencies are not corrected, the department shall not issue and register a delayed certificate of birth and shall advise the applicant of the reasons for such action. The department shall further advise the applicant of his or her right of appeal to the department and then, if not satisfied, to the county court as provided in section 71-617.08.Source  Laws 1985, LB 42,  14;  Laws 1996, LB 1044,  531;  Laws 1997, LB 307,  146;  Laws 2007, LB296,  421. 
71-617.08.  Delayed birth certificate; denial; appeal; procedure.(1) If a delayed certificate of birth is denied by the department, a petition signed and sworn to by the petitioner may be filed with the county court of Lancaster County, of the county of the petitioner's residence, or of the county in which the birth is claimed to have occurred.(2) The petition shall be made on a form prescribed and furnished by the department and shall allege:(a) That the person for whom a delayed certificate of birth is sought was born in this state;(b) That no certificate of birth of such person can be found in the files or records of the department;(c) That diligent efforts by the petitioner have failed to obtain evidence required by sections 71-617.05 and 71-617.06 that is considered acceptable by the department;(d) That the department has refused to register a delayed certificate of birth; and(e) Such other allegations as may be required.Source  Laws 1985, LB 42,  15;  Laws 1996, LB 1044,  532;  Laws 1997, LB 307,  147;  Laws 2007, LB296,  422. 
71-617.09.  Delayed birth certificate; petition; accompanying documents.A statement of the department indicating why a delayed certificate of birth was not issued and registered and all documentary evidence which was submitted to the department in support of such registration shall accompany a petition filed under section 71-617.08.Source  Laws 1985, LB 42,  16;  Laws 1996, LB 1044,  533;  Laws 1997, LB 307,  148;  Laws 2007, LB296,  423. 
71-617.10.  Delayed birth certificate; hearing; notice; witnesses.The court shall fix a time and place for a hearing upon a petition filed under section 71-617.08 and shall give the department ten calendar days' notice of such hearing. Authorized representatives of the department may appear and testify in the proceeding.Source  Laws 1985, LB 42,  17;  Laws 1996, LB 1044,  534;  Laws 1997, LB 307,  149;  Laws 2007, LB296,  424. 
71-617.11.  Delayed birth certificate; hearing; findings; order; contents.If the court finds from the evidence presented that the person for whom a delayed certificate of birth is sought was born in this state, it shall make findings as to the place and date of birth, parentage, and such other findings as the case may require and shall issue an order on a form prescribed and furnished by the department to establish a certificate of birth. The order shall include the birth data to be registered, a description of the evidence presented, and the date of the court's action.Source  Laws 1985, LB 42,  18;  Laws 1997, LB 307,  150;  Laws 2007, LB296,  425. 
71-617.12.  Delayed birth certificate; court order; clerk of the court; duties.The clerk of the court shall forward any order made under section 71-617.11 to the department not later than the tenth day of the calendar month following the month in which it was entered. The order shall be registered by the department and shall constitute the certificate of birth.Source  Laws 1985, LB 42,  19;  Laws 1997, LB 307,  151;  Laws 2007, LB296,  426. 
71-617.13.  Delayed birth certificate; department; duties.The department shall certify on a delayed registration of birth that no other record of the birth is on file with the department.Source  Laws 1985, LB 42,  20;  Laws 1997, LB 307,  152;  Laws 2007, LB296,  427. 
71-617.15.  Delayed birth certificate; fees.(1) The department shall charge and collect the same fee as prescribed in subsection (1) of section 71-612 when an application for a delayed birth certificate is filed. All such fees shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund. The department shall collect an additional fee of one dollar when a delayed birth certificate is issued. All amounts collected from such additional fee shall be remitted to the State Treasurer for credit to the Nebraska Child Abuse Prevention Fund.(2) Upon request and payment of the fees required by section 71-612, a certified copy of a delayed birth certificate shall be furnished by the department. All fees for a certified copy shall be handled as provided in section 71-612.Source  Laws 1985, LB 42,  22;  Laws 1986, LB 333,  10;   Laws 1991, LB 703,  31;   Laws 1992, LB 1019,  54;  Laws 1995, LB 406,  33;  Laws 1996, LB 1044,  535;  Laws 1997, LB 307,  154;  Laws 2002, Second Spec. Sess., LB 48,  4;  Laws 2004, LB 1005,  58;  Laws 2006, LB 994,  87;  Laws 2007, LB296,  428. 
71-6201.  Act, how cited.Sections 71-6201 to 71-6229 shall be known and may be cited as the Nebraska Regulation of Health Professions Act.Source  Laws 1985, LB 407,  1;  Laws 1988, LB 384,  1;  Laws 1993, LB 536,  102;  Laws 2012, LB834,  3. 
71-6202.  Purpose of act.The purpose of the Nebraska Regulation of Health Professions Act is to establish guidelines for the regulation of health professions which are not licensed or regulated and those licensed or regulated health professions which seek to change their scope of practice. The Legislature believes that all individuals should be permitted to provide a health service, a health-related service, or an environmental service unless there is an overwhelming need for the state to protect the public from harm.Source  Laws 1985, LB 407,  2;  Laws 2012, LB834,  4. 
71-6203.  Definitions, where found.For purposes of the Nebraska Regulation of Health Professions Act, unless the context otherwise requires, the definitions found in sections 71-6204 to 71-6220.01 shall be used.Source  Laws 1985, LB 407,  3;  Laws 1988, LB 384,  2;  Laws 1993, LB 536,  103;  Laws 2012, LB834,  5. 
71-6204.  Applicant group, defined.Applicant group shall mean any health professional group or organization, any individual, or any other interested party which proposes that any health professional group not previously regulated be regulated by the division or which proposes to change the scope of practice of a regulated health profession.Source  Laws 1985, LB 407,  4;  Laws 2012, LB834,  6. 
71-6205.  Board, defined.Board shall mean the State Board of Health.Source Laws 1985, LB 407,  5. 
71-6206.01.  Chairperson, defined.Chairperson shall mean the chairperson of the Health and Human Services Committee of the Legislature.Source Laws 1993, LB 536,  104. 
71-6206.  Certificate or certification, defined.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.Source  Laws 1985, LB 407,  6;  Laws 2012, LB834,  7. 
71-6207.01.  Credentialing, defined.Credentialing shall mean the process of regulating health professions by means of registration, certification, or licensure.Source Laws 1988, LB 384,  3. 
71-6207.02.  Directed review, defined.Directed review shall mean a review conducted pursuant to section 71-6223.02 in which (1) there is no applicant group or application, (2) the duty of the committee is to formulate an initial proposal on the issues subject to review, and (3) the duty of the board and the director is to evaluate the proposal using the appropriate criteria and to make recommendations to the Legislature.Source  Laws 1993, LB 536,  105;  Laws 2015, LB90,  1.  
71-6207.  Committee, defined.Committee shall mean the technical committee created in section 71-6224.Source Laws 1985, LB 407,  7. 
71-6208.01.  Division, defined.Division shall mean the Division of Public Health of the Department of Health and Human Services.Source Laws 2012, LB834,  9.
71-6208.  Director, defined.Director shall mean the Director of Public Health of the Division of Public Health of the Department of Health and Human Services.Source  Laws 1985, LB 407,  8;  Laws 1996, LB 1044,  758;  Laws 2007, LB296,  652;  Laws 2012, LB834,  8. 
71-6209.  Grandfather clause, defined.Grandfather clause shall mean a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.Source Laws 1985, LB 407,  9. 
71-6210.  Health profession, defined.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.Source  Laws 1985, LB 407,  10;  Laws 2012, LB834,  10. 
71-6211.  Health professional group not previously regulated, defined.Health professional group not previously regulated shall mean those persons or groups who are not currently licensed or otherwise regulated under the Uniform Credentialing Act, who are determined by the director to be qualified by training, education, or experience to perform the functions prescribed in this section, and whose principal functions, customarily performed for remuneration, are to render services directly or indirectly to individuals for the purpose of:(1) Preventing physical, mental, or emotional injury or illness, excluding persons acting in their capacity as clergy;(2) Facilitating recovery from injury or illness;(3) Providing rehabilitative or continuing care following injury or illness; or(4) Providing any other health service, health-related service, or environmental service which may be subject to regulation by the division.Source  Laws 1985, LB 407,  11;  Laws 2007, LB463,  1241;  Laws 2012, LB834,  11. Cross References  Uniform Credentialing Act, see section 38-101.
71-6212.  Inspection, defined.Inspection shall mean the periodic examination of practitioners by a state agency in order to ascertain whether the practitioner's occupation is being carried out in a manner consistent with the public health, safety, and welfare.Source Laws 1985, LB 407,  12. 
71-6213.  License, licensing, or licensure, defined.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.Source  Laws 1985, LB 407,  13;  Laws 2012, LB834,  12. 
71-6214.  Professional license, defined.Professional license shall mean an individual nontransferable authorization to work in a health profession based on qualifications which include graduation from an accredited or approved program and acceptable performance on a qualifying examination or series of examinations.Source Laws 1985, LB 407,  14. 
71-6215.  Practitioner, defined.Practitioner shall mean an individual who has achieved knowledge and skill by the practice of a specified health profession and is actively engaged in such profession.Source Laws 1985, LB 407,  15. 
71-6216.  Public member, defined.Public member shall mean an individual who is not, and never was, a member of the health profession being regulated, the spouse of a member, or an individual who does not have and never has had a material financial interest in the health profession being regulated or an activity directly related to the health profession being regulated.Source  Laws 1985, LB 407,  16;  Laws 2012, LB834,  13. 
71-6217.  Registration, defined.Registration shall mean the formal notification which, prior to rendering services, a practitioner submits to a state agency setting forth the name and address of the practitioner, the location, nature, and operation of the health activity to be practiced, and such other information which is required by the regulatory entity. A registered practitioner may be subject to discipline and standards of professional conduct established by the regulatory entity and may be required to meet any test of education, experience, or training in order to render services.Source  Laws 1985, LB 407,  17;  Laws 1988, LB 384,  5;  Laws 2012, LB834,  14. 
71-6218.  Regulated health professions, defined.Regulated health professions shall mean those persons or groups who are currently licensed or otherwise regulated under the Uniform Credentialing Act, who are qualified by training, education, or experience to perform the functions prescribed in this section, and whose principal functions, customarily performed for remuneration, are to render services directly or indirectly to individuals for the purpose of:(1) Preventing physical, mental, or emotional injury or illness;(2) Facilitating recovery from injury or illness;(3) Providing rehabilitative or continuing care following injury or illness; or(4) Providing any other health service, health-related service, or environmental service which may be subject to regulation by the division.Source  Laws 1985, LB 407,  18;  Laws 2007, LB463,  1242;  Laws 2012, LB834,  15. Cross References  Uniform Credentialing Act, see section 38-101.
71-6219.01.  Review body, defined.Review body shall mean the committee, the board, or the director charged with reviewing applications for new credentialing or change in scope of practice.Source Laws 1988, LB 384,  6. 
71-6219.  Regulatory entity, defined.Regulatory entity shall mean any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.Source Laws 1985, LB 407,  19. 
71-6220.01.  Welfare, defined.Welfare shall include the ability of the public to achieve ready access to high quality health care services at reasonable costs.Source Laws 1988, LB 384,  4. 
71-6220.  State agency, defined.State agency shall include every state office, department, board, commission, regulatory entity, and agency of the state and, when provided specifically by law to be a state agency for purposes of this section, programs and activities involving less than the full responsibility of a state agency.Source  Laws 1985, LB 407,  20;  Laws 1991, LB 81,  5.  
71-6221.  Regulation of health profession; change in scope of practice; when.(1) A health profession shall be regulated by the state only when:(a) Unregulated practice can clearly harm or endanger the health, safety, or welfare of the public;(b) Regulation of the health profession does not impose significant new economic hardship on the public, significantly diminish the supply of qualified practitioners, or otherwise create barriers to service that are not consistent with the public welfare and interest;(c) The public needs assurance from the state of initial and continuing professional ability; and(d) The public cannot be protected by a more effective alternative.(2) If it is determined that practitioners of a health profession not currently regulated are prohibited from the full practice of their profession in Nebraska, then the following criteria shall be used to determine whether regulation is necessary:(a) Absence of a separate regulated profession creates a situation of harm or danger to the health, safety, or welfare of the public;(b) Creation of a separate regulated profession would not create a significant new danger to the health, safety, or welfare of the public;(c) Creation of a separate regulated profession would benefit the health, safety, or welfare of the public; and(d) The public cannot be protected by a more effective alternative.(3) The scope of practice of a regulated health profession shall be changed only when:(a) The health, safety, and welfare of the public are inadequately addressed by the present scope of practice or limitations on the scope of practice;(b) Enactment of the proposed change in scope of practice would benefit the health, safety, or welfare of the public;(c) The proposed change in scope of practice does not create a significant new danger to the health, safety, or welfare of the public;(d) The current education and training for the health profession adequately prepares practitioners to perform the new skill or service;(e) There are appropriate postprofessional programs and competence assessment measures available to assure that the practitioner is competent to perform the new skill or service in a safe manner; and(f) There are adequate measures to assess whether practitioners are competently performing the new skill or service and to take appropriate action if they are not performing competently.(4) The division shall, by rule and regulation, establish standards for the application of each criterion which shall be used by the review bodies in recommending whether proposals for credentialing or change in scope of practice meet the criteria.Source  Laws 1985, LB 407,  21;  Laws 1988, LB 384,  7;  Laws 1996, LB 1044,  759;  Laws 2007, LB296,  653;  Laws 2012, LB834,  16. 
71-6222.  Least restrictive method of regulation; how implemented.After evaluating the criteria in sections 71-6221 to 71-6223 and considering governmental and societal costs and benefits, if the Legislature finds that it is necessary to regulate a health profession not previously regulated by law, the least restrictive alternative method of regulation shall be implemented, consistent with the public interest and this section, as follows:(1) When the threat to the public health, safety, welfare, or economic well-being is relatively small, regulation shall be by means other than direct credentialing of the health profession. Such regulation may include, but shall not be limited to:(a) Inspection requirements;(b) Enabling an appropriate state agency to bring an end to a harmful practice by injunctive relief in court;(c) Regulating the business activity or entity providing the service rather than the employees of the business or entity; or(d) Regulating or modifying the regulation of the health profession supervising or responsible for the service being performed;(2) When there exists a diversity of approaches, methods, and theories by which services may be rendered and when the right of the consumer to choose freely among such options is considered to be of equal importance with the need to protect the public from harm, the regulation shall implement a system of registration;(3) When the consumer may have a substantial basis for relying on the services of a practitioner, the regulation shall implement a system of certification; or(4) When it is apparent that adequate regulation cannot be achieved by means other than licensing, the regulation shall implement a system of licensing.Source  Laws 1985, LB 407,  22;  Laws 1988, LB 384,  8.  
71-6223.01.  Application fee; disposition; waiver.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.Source  Laws 1988, LB 384,  14;  Laws 2012, LB834,  18. 
71-6223.02.  Directed review; initiation; procedure; report.At any time the director and the chairperson may initiate a directed review or the chairperson in consultation with the members of the Health and Human Services Committee of the Legislature may initiate a directed review. The purpose of a directed review is to determine the advisability of credentialing a health professional group not previously regulated, of changing the scope of practice of a regulated health profession, or of other issues regarding the regulation of health professions. Before initiating a directed review, the director and the chairperson, or the chairperson in consultation with the Health and Human Services Committee, shall determine that no appropriate applicant group exists. No letter of intent, applicant group, application, or application fee shall be required in a directed review. The duty of the technical committee in a directed review shall be to investigate the issues that are the subject of the review, to hold a public hearing to receive information from the public on the issues, to develop a specific proposal to address the issues investigated taking into account the appropriate criteria as set forth in section 71-6221, and to prepare a final report containing the technical committee's proposal, other options considered, and other relevant information.Source  Laws 1993, LB 536,  106;  Laws 2015, LB90,  2.  
71-6223.  Letter of intent; application; contents.(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.Source  Laws 1985, LB 407,  23;  Laws 1988, LB 384,  9;  Laws 2012, LB834,  17. 
71-6224.  Technical committee; appointment; membership; meetings; duties.(1) The director with the advice of the board shall appoint an appropriate technical committee to examine and investigate each application. The committee shall consist of six appointed members and one member of the board designated by the board who shall serve as chairperson of the committee. The chairperson of the committee shall not be a member of the applicant group, any health profession sought to be regulated by the application, or any health profession which is directly or indirectly affected by the application. The director shall ensure that the total composition of the committee is fair, impartial, and equitable. In no event shall more than one member of the same regulated health profession, the applicant group, or the health profession sought to be regulated by an application serve on a technical committee.(2) As soon as possible after its appointment, the committee shall meet and review the application assigned to it. The committee shall serve as a factfinding body and undertake such investigation as it deems necessary to address the issues identified in the application. As part of its investigation, each committee shall consider available scientific evidence and conduct public factfinding hearings. Each committee shall comply with the Open Meetings Act.(3) An applicant group shall have the burden of producing evidence to support its application.(4) Each committee shall detail its findings in a report and file the report with the board and the director. Each committee shall evaluate the application presented to it on the basis of the appropriate criteria as established in sections 71-6221 to 71-6223, shall make written findings on all criteria, and shall make a recommendation for approval or denial. Whether it recommends approval or denial of an application, the committee may make additional recommendations regarding changes to the proposal or other solutions to problems identified during the review and may comment on the anticipated benefits to the health, safety, and welfare of the public. If the committee recommends approval of an application for regulation of a health profession not currently regulated, it shall also recommend the least restrictive method of regulation to be implemented consistent with the cost-effective protection of the public and with section 71-6222. The committee may recommend a specific method of regulation not listed in section 71-6222 if it finds that such method is the best alternative method of regulation.Source  Laws 1985, LB 407,  24;  Laws 1988, LB 384,  10;  Laws 2004, LB 821,  20;  Laws 2012, LB834,  19. Cross References  Open Meetings Act, see section 84-1407.
71-6225.  Board; review technical committee report; report to director.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.Source  Laws 1985, LB 407,  25;  Laws 1988, LB 384,  11;  Laws 2012, LB834,  20. 
71-6226.  Director; prepare final report; recommendations.(1) After receiving and considering reports from the committee or the board, the director shall prepare a final report for the Legislature. The final report shall include copies of the committee report and the board report, if any, but the director shall not be bound by the findings and recommendations of such reports. The director in compiling his or her report shall apply the criteria established in sections 71-6221 to 71-6223 and may consult with the board or the committee. The recommendation of the director shall be developed in a manner consistent with subsection (4) of section 71-6224. The final report shall be submitted electronically to the Speaker of the Legislature, the Chairperson of the Executive Board of the Legislature, and the Chairperson of the Health and Human Services Committee of the Legislature no later than twelve months after the application is submitted to the director and found to be complete and shall be made available electronically to all other members of the Legislature upon request.(2) The director may recommend that no legislative action be taken on an application. If the director recommends that an application of an applicant group be approved, the director shall recommend an agency to be responsible for the regulation and the level of regulation to be assigned to such applicant group.(3) An application which is resubmitted shall be considered the same as a new application.Source  Laws 1985, LB 407,  26;  Laws 1988, LB 384,  12;  Laws 2012, LB782,  123;  Laws 2012, LB834,  21. 
71-6227.  Rules and regulations; professional and clerical services; expenses.(1) The director may, with the advice of the board, adopt and promulgate rules and regulations necessary to carry out the Nebraska Regulation of Health Professions Act.(2) The director shall provide all necessary professional and clerical services to assist the committees and the board. Records of all official actions and minutes of all business coming before the committees and the board shall be kept. The director shall be the custodian of all records, documents, and other property of the committees and the board.(3) Committee members shall receive no salary but shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.Source  Laws 1985, LB 407,  27;  Laws 2020, LB381,  69.  
71-6229.  Act, how construed.Nothing in the Nebraska Regulation of Health Professions Act shall apply to the practice of the religious tenets of any recognized church or religious denomination which includes healing solely by spiritual means through prayer.Source Laws 1985, LB 407,  29. 
71-626.01.  Adopted person; new birth certificate; conditions; contents; rules and regulations.(1) The department shall establish a new certificate of birth for a person born in the State of Nebraska whenever it receives any of the following:(a) A report of adoption as provided in section 71-626 on a form supplied by the department or a certified copy of the decree of adoption together with the information required in such report, except that a new certificate of birth shall not be established if so requested in writing by the court decreeing the adoption, the adoptive parents, or the adopted person; or(b) A report of adoption or a certified copy of the decree of adoption entered in a court of competent jurisdiction of any other state or nation declaring adopted a person born in the State of Nebraska, together with the information necessary to identify the original certificate of birth and to establish the new certificate of birth, except that a new certificate of birth shall not be established when so requested by the court decreeing the adoption, the adoptive parents, or the adopted person.(2) The new certificate of birth for a person born in the State of Nebraska shall be on the form in use at the time of its preparation and shall include the following items in addition to such other information as may be necessary to complete the form:(a) The adoptive name of the person;(b) The names and personal particulars of the adoptive parents;(c) The date and place of birth as transcribed from the original certificate;(d) The name of the attendant, printed or typed;(e) The same birth number as was assigned to the original certificate; and(f) The original filing date.The data necessary to locate the existing certificate and the data necessary to complete the new certificate shall be submitted to the department.(3) When an adoptive certificate of birth is established, the actual place of birth and date of birth shall be shown. It shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption shall not be subject to inspection except (a) upon order of a court of competent jurisdiction, (b) as provided in sections 43-138 to 43-140, (c) as provided in sections 43-146.11 to 43-146.13, or (d) as provided by rules and regulations of the department. Upon receipt of notice that an adoption has been set aside, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction.(4) Whenever a new certificate of birth is established by the department, all copies of the original certificate of birth in the custody of any custodian of permanent local records in this state shall be sealed from inspection.(5) The department may adopt and promulgate such rules and regulations as are necessary and proper to assist it in the implementation and administration of section 71-626 and this section.Source  Laws 1971, LB 246,  2;   Laws 1980, LB 992,  31;  Laws 1988, LB 372,  24;  Laws 1996, LB 1044,  537;  Laws 1997, LB 307,  156;  Laws 2007, LB296,  430. 
71-626.  Adoptive birth certificate; adoption decree; court; report of adoption; contents.(1) For each adoption of a Nebraska-born or foreign-born person decreed by any court of this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the department. The report shall (a) include the original name, date, and place of birth and the name of the parent or parents of such person; (b) provide information necessary to establish a new certificate of birth of the person adopted; (c) provide the name and address of the child placement agency, if any, which placed the child for adoption; and (d) identify the decree of adoption and be certified by the clerk of the court.(2) Information in the possession of the petitioner necessary to prepare the report of adoption shall be furnished with the petition for adoption by each petitioner or his or her attorney. The social or welfare agency or other person concerned shall supply the court with such additional information in his or her possession as may be necessary to complete the report. The supplying of such information shall be a prerequisite to the issuance of a decree.(3) Whenever an adoption decree is amended or set aside, the clerk of the court shall prepare a report thereof, which shall include such facts as are necessary to identify the original adoption report and the facts amended in the adoption decree as shall be necessary to properly amend the birth record.(4) Not later than the tenth day after the decree has been entered, the clerk of such court shall forward the report to the department whenever an adoptive birth certificate is to be filed or has already been filed.Source   Laws 1941, c. 143,  1, p. 571;   C.S.Supp.,1941,  43-113;   R.S.1943,  71-626;   Laws 1945, c. 168,  1, p. 540;   Laws 1959, c. 323,  5, p. 1182;   Laws 1961, c. 342,  1, p. 1093;   Laws 1965, c. 418,  9, p. 1339;  Laws 1971, LB 246,  1;   Laws 1980, LB 681,  2;   Laws 1980, LB 992,  30;  Laws 1996, LB 1044,  536;  Laws 1997, LB 307,  155;  Laws 2007, LB296,  429. Cross References  For proceedings for adoption of children, see Chapter 43, article 1.
71-627.01.  Adoptive birth certificate; decree of adoption of child born in another state; notice of entry of decree.Whenever a decree of adoption is entered in any court of competent jurisdiction in the State of Nebraska, as to a child born in another state, the judge of the court in which such decree is entered shall, on forms to be furnished by the department, notify the agency having authority to issue adoptive birth certificates in the state in which such child was born for the purpose of securing the issuance of an adoptive birth certificate from the state of birth.Source   Laws 1961, c. 342,  3, p. 1094;  Laws 1996, LB 1044,  539;  Laws 1997, LB 307,  158;  Laws 2007, LB296,  432. 
71-627.02.  Adoption of foreign-born person; birth certificate; contents.Upon receipt of a Report of Adoption or a certified copy of a decree of adoption issued by any court of competent jurisdiction in the State of Nebraska as to any foreign-born person, the department shall prepare a birth certificate in the new name of the adopted person. The birth certificate shall show specifically (1) the new name of the adopted person, (2) the date of birth and sex of the adopted person, (3) statistical information concerning the adoptive parents in place of the natural parents, and (4) the true or probable place of birth including the city or town and country.Source   Laws 1961, c. 342,  4, p. 1094;   Laws 1980, LB 681,  3;   Laws 1980, LB 992,  32;  Laws 1994, LB 886,  7;  Laws 1996, LB 1044,  540;  Laws 1997, LB 307,  159;  Laws 2007, LB296,  433. 
71-627.  Adoptive birth certificates; filing; copies; issuance.(1) The certificate of birth of adopted children shall be filed as other certificates of birth. The department shall charge and collect the same fee as prescribed in subsection (1) of section 71-612 for each certificate filed. All such fees shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund. The department shall charge and collect an additional fee of one dollar for each certificate issued. All amounts collected from such additional fee shall be remitted to the State Treasurer for credit to the Nebraska Child Abuse Prevention Fund.(2) Upon request and payment of the fees required by section 71-612, a certified copy of an adoptive birth certificate shall be furnished by the department. All fees for a certified copy shall be handled as provided in section 71-612.Source   Laws 1941, c. 143,  2, p. 572;   C.S.Supp.,1941,  43-114;   R.S.1943,  71-627;   Laws 1953, c. 243,  1, p. 833;   Laws 1959, c. 323,  6, p. 1183;   Laws 1961, c. 342,  2, p. 1094;   Laws 1965, c. 418,  10, p. 1340;   Laws 1965, c. 419,  4, p. 1343;  Laws 1971, LB 246,  3;  Laws 1973, LB 583,  10;  Laws 1983, LB 617,  16;  Laws 1986, LB 333,  11;   Laws 1991, LB 703,  32;   Laws 1992, LB 1019,  55;  Laws 1995, LB 406,  34;  Laws 1996, LB 1044,  538;  Laws 1997, LB 307,  157;  Laws 2002, Second Spec. Sess., LB 48,  5;  Laws 2004, LB 1005,  59;  Laws 2006, LB 994,  88;  Laws 2007, LB296,  431. 
71-628.  Children born out of wedlock; birth certificate; issuance; when authorized.In case of the legitimation of any child born in Nebraska by the subsequent marriage of such child's parents as provided in section 43-1406, the department, upon the receipt of a certified copy of the marriage certificate or abstract of marriage of the parents and a statement of the parents acknowledging paternity, shall prepare a new certificate of birth in the new name of the child so legitimated, in substantially the same form as that used for other live births. The department shall charge and collect the same fee as prescribed in subsection (1) of section 71-612. All such fees shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund. The department shall charge and collect an additional fee of one dollar for each new certificate of birth filed. All amounts collected from such additional fee shall be remitted to the State Treasurer for credit to the Nebraska Child Abuse Prevention Fund.Source   Laws 1945, c. 173,  1, p. 552;   Laws 1959, c. 323,  7, p. 1183;  Laws 1983, LB 617,  17;  Laws 1986, LB 333,  12;   Laws 1992, LB 1019,  56;  Laws 1994, LB 886,  8;  Laws 1994, LB 1224,  83;  Laws 1995, LB 406,  35;  Laws 1997, LB 307,  160;  Laws 2002, Second Spec. Sess., LB 48,  6;  Laws 2004, LB 1005,  60;  Laws 2006, LB 994,  89;  Laws 2006, LB 1115,  40;  Laws 2007, LB296,  434. 
71-629.  Children born out of wedlock; legitimized; birth certificate; copies; issuance; inspection; when authorized.A certified copy or copies of the certificate of birth of any such legitimized child may be furnished upon request by the department. The evidence upon which the new certificate is made may be furnished upon request to a parent of such legitimized child or to the legitimized child if such child is nineteen years of age or older. The evidence upon which the new certificate is made shall be available for inspection by any other person only upon the order of a court of competent jurisdiction, and the original certificate of birth shall be available for inspection only upon the order of a court of competent jurisdiction.Source   Laws 1945, c. 173,  2, p. 553;  Laws 1996, LB 1044,  541;  Laws 1997, LB 307,  161;  Laws 2007, LB185,  4;  Laws 2007, LB296,  435. 
71-630.  Birth or death certificate; erroneous or incomplete; correction; department; duties.(1) A birth or death certificate filed with the department may be amended only in accordance with this section and sections 71-635 to 71-644 and rules and regulations adopted pursuant thereto by the department as necessary and proper to protect the integrity and accuracy of records of vital statistics.(2) A certificate that is amended under this section shall have a properly dated reference placed on the face of the certificate and state that it is amended, except as provided in subsection (4) of this section.(3) Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of such person or his or her parent, guardian, or legal representative, the department shall amend the certificate of birth to reflect the change in name.(4) Upon request and receipt of a sworn acknowledgment of paternity of a child born out of wedlock signed by both parents, the department shall amend the certificate of birth to show such paternity if paternity is not shown on the birth certificate. Such certificate shall not be marked amended.Source   Laws 1947, c. 234,  1, p. 740;   Laws 1959, c. 323,  8, p. 1183;  Laws 1971, LB 245,  1;  Laws 1996, LB 1044,  542;  Laws 1997, LB 307,  162;  Laws 2007, LB296,  436. 
71-6301.  Terms, defined.For purposes of the Asbestos Control Act, unless the context otherwise requires:(1) Asbestos means asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite;(2) Asbestos encapsulation project means activities which include the coating of asbestos-containing surface material with a bridging or penetrating type of sealing material for the intended purpose of preventing the continued release of asbestos fibers from the material into the air. Such project does not include the repainting of a previously painted nonfriable asbestos-containing surface which is not damaged primarily for improving the appearance of such surface;(3) Asbestos enclosure project means activities which physically isolate friable asbestos and which control and contain fibers released from asbestos-containing material by constructing a permanent airtight barrier between the asbestos-containing material and the occupied building space;(4) Asbestos occupation means an inspector, management planner, project designer, project monitor, supervisor, or worker;(5) Asbestos project means an asbestos enclosure project, an asbestos encapsulation project, an asbestos removal project, an asbestos-related demolition project, or an asbestos-related dismantling project but does not include (a) any activities which affect three square feet or less or three linear feet or less of asbestos-containing material on or in a structure or equipment or any appurtenances thereto or (b) any activities physically performed by a homeowner, a member of the homeowner's family, or an unpaid volunteer on or in the homeowner's residential property of four units or less;(6) Asbestos removal project means activities which include the physical removal of friable asbestos-containing material from the surface of a structure or from equipment which is intended to remain in place after the removal. Such project also includes the physical removal of asbestos from a structure or equipment after such structure or equipment has been removed as part of an asbestos-related dismantling project;(7) Asbestos-related demolition project means activities which include the razing of all or a portion of a structure which contains friable asbestos-containing materials or other asbestos-containing materials which may become friable when such materials are cut, crushed, ground, abraded, or pulverized;(8) Asbestos-related dismantling project means activities which include the disassembly, handling, and moving of the components of any structure or equipment which has been coated with asbestos-containing material without first removing such material from the structure or from the equipment;(9) Business entity means a partnership, limited liability company, firm, association, corporation, sole proprietorship, public entity, or other public or private business concern involved in an asbestos project except an entity solely involved as a management planner or project designer;(10) Demolition means the wrecking, razing, or removal of any structure or load-supporting structural item of any structure, including any related material handling operations, and includes the intentional burning of any structure;(11) Department means the Department of Health and Human Services;(12) Enclosure means the construction of an airtight, impermeable, permanent barrier around asbestos-containing material to control the release of asbestos fibers into the air;(13) Friable asbestos means asbestos in a form which can be crumbled, pulverized, or reduced to powder by hand pressure;(14) Inspector means an individual who is licensed by the department to identify and assess the condition of asbestos-containing material;(15) Instructor means an individual who is approved by the department to teach an asbestos-related training course;(16) License means an authorization issued by the department to an individual to engage in a profession or to a business to provide services which would otherwise be unlawful in this state in the absence of such authorization;(17) Management planner means an individual who is licensed by the department to assess the hazard of materials containing asbestos, to determine the appropriate response actions, and to write management plans;(18) Project designer means an individual who is licensed by the department to formulate plans and write specifications for conducting asbestos projects;(19) Project monitor means an individual who is licensed by the department to observe abatement activities performed by contractors, to represent the building owner to ensure work is completed according to specifications and in compliance with statutes and regulations, and to perform air monitoring to determine final clearance;(20) Project review means review of a licensed business entity's proposed asbestos project;(21) Renovation means the altering of a structure, one or more structural items, or one or more equipment items in any way, including any asbestos project performed on a structure, structural item, or equipment item;(22) Supervisor means an individual who is licensed by the department to supervise and direct an asbestos project in accordance with the Asbestos Control Act and the rules and regulations adopted and promulgated pursuant to such act; and(23) Worker means an individual who is licensed by the department to clean, handle, repair, remove, encapsulate, haul, dispose of, or otherwise work with asbestos material in a nonsupervisory capacity.Source  Laws 1986, LB 1051,  1;  Laws 1988, LB 1073,  1;  Laws 1990, LB 923,  1;   Laws 1993, LB 121,  454;  Laws 1995, LB 406,  73;  Laws 1996, LB 1044,  761;  Laws 2007, LB296,  654;  Laws 2007, LB463,  1243. 
71-6302.  Asbestos project; business entity; license required; exceptions; training course.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.Source  Laws 1986, LB 1051,  2;  Laws 1988, LB 1073,  2;  Laws 1990, LB 923,  2;  Laws 2002, LB 1021,  98.  
71-6303.  Administration of act; rules and regulations; fees; department; powers and duties.(1) The department shall administer the Asbestos Control Act.(2) The department shall adopt and promulgate rules and regulations necessary to carry out the act. The department shall adopt state standards governing asbestos projects and may adopt or incorporate part or all of any federal standards in the state standards so long as state standards are no less stringent than federal standards.(3)(a) The department shall prescribe fees based upon the following schedule:(i) For a business entity license or license renewal, not less than two thousand dollars or more than five thousand dollars;(ii) For waiver on an emergency basis of a business entity license, not less than two thousand dollars or more than five thousand dollars;(iii) For waiver of a license for a business entity not primarily engaged in asbestos projects, not less than two thousand dollars or more than five thousand dollars;(iv) For approval of an initial training course, not less than one thousand dollars or more than two thousand five hundred dollars, which fee shall include one onsite inspection if the inspection is required by the department;(v) For approval of a review course or a four-hour course on Nebraska law, rules, and regulations, not less than five hundred dollars or more than one thousand dollars, which fee shall include one onsite inspection if the inspection is required by the department;(vi) For an onsite inspection of an asbestos project other than an initial inspection, not less than one hundred fifty dollars or more than two hundred fifty dollars. Such fees shall not be assessed for more than three onsite inspections per year during the period an actual asbestos project is in progress; and(vii) For a project review of each asbestos project of a licensed business entity which is equal to or greater than two hundred sixty linear feet or any combination which is equal to or greater than one hundred sixty square feet and linear feet, including any initial onsite inspection, not less than two hundred dollars or more than five hundred dollars.(b) Any business applicant whose application is rejected shall be allowed the return of the application fee, except that an administrative charge of three hundred dollars for a license and one hundred dollars for approval of a training course shall be retained by the department.(c) All fees shall be based on the costs of administering the Asbestos Control Act. In addition to the fees prescribed in this section, the department may charge and receive reimbursement for board, room, and travel by employees in excess of three hundred dollars, which reimbursement shall not exceed the amounts allowable in sections 81-1174 to 81-1177. All such fees collected by the department shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund. Money credited to the fund pursuant to this section shall be used by the department for the purpose of administering the act.(4) At least once a year during the continuation of an asbestos project, the department shall conduct an onsite inspection of each licensed business entity's procedures for performing asbestos projects.(5) The department may enter into agreements or contracts with public agencies to conduct any inspections required under the act.(6) The department shall adopt and promulgate rules and regulations defining work practices for asbestos projects. The department may provide for alternatives to specific work practices when the health, safety, and welfare of all classes of asbestos occupations and the general public are adequately protected.(7) The department may apply for and receive funds from the federal government and any other public or private entity for the purposes of administering the act.Source  Laws 1986, LB 1051,  3;  Laws 1988, LB 1073,  3;   Laws 1991, LB 703,  52;  Laws 1995, LB 406,  74;  Laws 1996, LB 1044,  762;  Laws 2002, LB 1021,  99;  Laws 2003, LB 242,  144;  Laws 2007, LB296,  655;  Laws 2007, LB463,  1244;  Laws 2020, LB381,  70.  
71-6304.  Business entity; license; qualifications.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.Source  Laws 1986, LB 1051,  4;  Laws 1988, LB 1073,  4;  Laws 2007, LB463,  1245. 
71-6305.  License; application; contents.(1) To apply for a license, a business entity shall submit an application to the department in the form required by the department and shall pay the fee prescribed by the department.(2) The application shall include, but not be limited to:(a) The name, address, and nature of the business entity;(b) A statement that all individuals who will engage in any asbestos project for the business entity will be licensed as required by the Asbestos Control Act;(c) A description of the protective clothing and respirators that the business entity will use;(d) The name and address of each asbestos disposal site that the business entity will use;(e) A description of the site decontamination procedures that the business entity will use;(f) A description of the removal, enclosure, encapsulation, demolition, dismantling, and maintenance methods that the business entity will use;(g) A description of the procedures that the business entity will use for handling waste containing asbestos;(h) A description of the air monitoring procedures that the business entity will use;(i) A description of the procedures that the business entity will use in cleaning up the asbestos project;(j) The signature of the chief executive officer of the business entity or his or her designee; and(k) Such other information as may be necessary for the efficient administration and enforcement of the act and for the protection of the health, safety, and welfare of the general public and all classes of asbestos occupations.Source  Laws 1986, LB 1051,  5;  Laws 1988, LB 1073,  5;  Laws 2007, LB463,  1246. 
71-6306.  License; term; renewal.(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.Source  Laws 1986, LB 1051,  6;  Laws 1988, LB 1073,  6;  Laws 2007, LB463,  1247. 
71-6307.  Licensee or business entity; records required; contents.The licensee or a business entity, whether excepted from the requirements for licensure by section 71-6302 or whether operating under a waiver, shall keep a record of each asbestos project and shall make the record available to the department at any reasonable time. All such records shall be kept for at least thirty years. Each record shall include:(1) The name, address, and license number of the individual who supervised the asbestos project and of each employee or agent who worked on the project;(2) The location and description of the project and the amount of asbestos material that was removed;(3) The starting and completion dates of each instance of asbestos encapsulation, demolition, dismantling, maintenance, or removal;(4) A summary of the procedures that were used to comply with all applicable standards;(5) The name and address of each asbestos disposal site where the waste containing asbestos was deposited; and(6) Such other information as the department may deem necessary for the efficient administration and enforcement of the Asbestos Control Act and for the protection of the health, safety, and welfare of all classes of asbestos occupations and the general public.Source  Laws 1986, LB 1051,  7;  Laws 1988, LB 1073,  7;  Laws 2007, LB463,  1248. 
71-6309.  Waiver of requirements; when authorized.(1) In the event of an emergency in which, in the opinion of the department, there is created a situation of present and severe danger which poses an immediate threat to the public health, safety, and welfare, the department may waive the requirement for licensure of an individual or business entity upon application and payment of the fee prescribed by the department. Such emergency waiver shall be limited to the time required to take protective measures.(2) The department may, on a case-by-case basis, approve an alternative to a specific worker protection requirement for an asbestos project if the business entity submits a written description of the alternative procedure and demonstrates to the department's satisfaction that the proposed alternative procedure provides equivalent protection to the health, safety, and welfare of all classes of asbestos occupations and the general public.(3) If the business entity is not primarily engaged in asbestos projects, the department may waive the requirement for a license upon application and payment of the fee prescribed by the department if worker protection requirements are met or an alternative procedure is approved pursuant to subsection (2) of this section and the health, safety, and welfare of the general public is protected.Source  Laws 1986, LB 1051,  9;  Laws 1988, LB 1073,  8;  Laws 2007, LB296,  656;  Laws 2007, LB463,  1249. 
71-6310.01.  Asbestos occupations; training courses; approval.(1) The department shall approve training courses for each classification of asbestos occupation. Applicants for course approval shall meet the requirements for each course and shall submit an application on forms provided by the department together with the prescribed fee. Approved course providers shall use only approved instructors to teach each training course. The department shall conduct onsite inspections of the training courses offered by course providers.(2) In order to be approved by the department, an initial inspector training course shall meet the following requirements: A three-day training course including lectures, demonstrations, a field trip, at least four hours of hands-on training, individual respirator-fit testing, and a written examination; background information on asbestos and potential health effects related to exposure to asbestos; functions, qualifications, and the role of inspectors; legal liabilities and defenses; understanding building systems; public, employee, and occupant relations; preinspection planning and review of previous inspection records and inspecting for friable and nonfriable asbestos-containing material and assessing the condition of asbestos-containing material; bulk sampling and documentation of asbestos; inspector respiratory protection and personal protective equipment; and record keeping and inspection report writing, regulatory review, and course review. The written examination shall be approved and may be administered by the department and shall be composed of questions covering subjects dealing with the course content. The passing score shall be determined by the department.(3) In order to be approved by the department, an initial management planner training course shall meet the following requirements: A three-day inspector training course as outlined in subsection (2) of this section and a two-day management planner training course including lectures, demonstrations, and a written examination; course overview; evaluation and interpretation of survey results, hazard assessment, and legal implications; evaluation and selection of control options; role of other professionals; developing an operations and maintenance plan; and regulatory review, record keeping for the management planner, assembling and submitting the management plan, financing abatement actions, and course review. The written examination shall be approved and may be administered by the department and shall be composed of questions covering subjects dealing with the course content. The passing score shall be determined by the department.(4) In order to be approved by the department, an initial project designer training course shall meet the following requirements: A three-day training course including lectures, demonstrations, a field trip, and a written examination; background information on asbestos and potential health effects related to asbestos exposure; overview of abatement construction projects; safety system design specifications, employee personal protective equipment, and additional safety hazards; fiber aerodynamics and control, designing abatement solutions, final clearance process, and budgeting and cost estimation; writing abatement specifications and preparing abatement drawings; contract preparation and administration and legal liabilities and defenses; replacement of asbestos with asbestos-free substitutes; role of other consultants; occupied buildings; and relevant federal, state, and local regulatory requirements and course review. The written examination shall be approved and may be administered by the department and shall be composed of questions covering subjects dealing with the course content. The passing score shall be determined by the department.(5) In order to be approved by the department, an initial project monitor training course shall meet the following requirements: A five-day asbestos training course including lectures, demonstrations, at least six hours of hands-on training, and a written examination; roles and responsibilities of the project monitor; characteristics of asbestos and asbestos-containing materials; federal and state asbestos regulation overview; understanding building construction and building systems; asbestos abatement contracts, specifications, and drawings; response actions and abatement practices; asbestos abatement equipment; personal protective equipment; air monitoring strategies; safety and health issues other than asbestos; conducting visual inspections; final clearance process; legal responsibilities and liabilities of project monitors; record keeping and report writing; and course review. The written examination shall be approved and may be administered by the department and shall be composed of questions covering subjects dealing with the course content. The passing score shall be determined by the department.(6) In order to be approved by the department, an initial supervisor training course shall meet the following requirements: A five-day asbestos training course including lectures, demonstrations, at least fourteen hours of hands-on training, individual respirator-fit testing, and a written examination; the physical characteristics of asbestos and asbestos-containing materials and potential health effects related to asbestos exposure; employee personal protective equipment, state-of-the-art work practices, personal hygiene, additional safety hazards, medical monitoring, and air monitoring; relevant federal, state, and local regulatory requirements; respiratory protection programs, medical surveillance programs, and insurance and liability issues; record keeping for asbestos abatement projects and supervisory techniques for asbestos abatement activity; contract specifications; and course review. The written examination shall be approved and may be administered by the department and shall be composed of questions covering subjects dealing with the course content. The passing score shall be determined by the department.(7) In order to be approved by the department, an initial worker training course shall meet the following requirements: A four-day training course including lectures, demonstrations, at least fourteen hours of hands-on training, individual respirator-fit testing, and a written examination; physical characteristics of asbestos, potential health effects related to asbestos exposure, employee personal protective equipment, state-of-the-art work practices, personal hygiene, additional safety hazards, medical monitoring, and air monitoring; relevant federal, state, and local regulatory requirements, procedures, and standards; establishment of respiratory protection programs; and course review. The written examination shall be approved and may be administered by the department and shall be composed of questions covering subjects dealing with the course content. The passing score shall be determined by the department.(8) In order to be approved by the department, a course on Nebraska law, rules, and regulations required by subsection (3) of section 71-6310 shall consist of at least four hours of training on Nebraska law, rules, and regulations relating to asbestos. The written examination shall be approved and may be administered by the department. The passing score shall be determined by the department.Source  Laws 1988, LB 1073,  14;  Laws 1995, LB 406,  76;  Laws 2007, LB463,  1251. 
71-6310.02.  Asbestos occupations; license; renewal; continuing competency requirements.(1) Any individual licensed in any of the asbestos occupations prescribed in section 71-6310, as a condition for license renewal, shall complete continuing competency activities as required by the department and shall be examined and approved by a physician as prescribed for initial applicants in section 71-6310. The licensee shall submit evidence as required by the department of satisfaction of the requirements of this section.(2) The department shall adopt and promulgate rules and regulations to establish the continuing competency requirements pursuant to the Uniform Credentialing Act. Continuing education is sufficient to meet continuing competency requirements. The requirements may also include, but not be limited to, one or more of the continuing competency activities listed in section 38-145 which a licensee may select as an alternative to continuing education.Source  Laws 1988, LB 1073,  13;  Laws 2002, LB 1021,  100;  Laws 2007, LB463,  1252. Cross References  Uniform Credentialing Act, see section 38-101.
71-6310.03.  Project designer or project monitor; duties.If a project designer or a project monitor is selected by the structure's owner or operator for an asbestos project, the project designer and project monitor shall be responsible for the following:(1) Project designers shall prepare plans and specifications for business entities conducting asbestos projects. The plans and specifications shall be consistent with the criteria, requirements, and best interests of the structure's owner or operator and the requirements of the Asbestos Control Act. The project designer shall represent the owner or operator and ensure that these objectives are achieved by the business entity conducting the project throughout the project;(2) Prior to preparing plans and specifications for any renovation project, a project designer shall ensure that any equipment items and any structural items of a structure affected by the renovation were inspected and assessed by a licensed inspector. Prior to preparing plans and specifications for any demolition, a project designer shall ensure that the entire structure was inspected and assessed by a licensed inspector. No dismantling or salvage operation shall begin before the inspection and assessment is completed;(3) If a project designer or project monitor is selected by the owner or operator of the structure on or in which the asbestos project is conducted, he or she shall be independent of the business entity selected to perform the asbestos project. A private or public business entity which uses its own trained and licensed employees to perform asbestos projects may also use its own employees who are trained and licensed as project designers or project monitors to design and monitor projects conducted on or in its own structures; and(4) If a project designer or project monitor is selected by the structure's owner or operator for an asbestos project, the project designer or project monitor shall oversee the activities of a business entity conducting an asbestos project to ensure that the requirements of the Asbestos Control Act and the rules and regulations adopted and promulgated pursuant to the act are met. Prior to allowing an asbestos project site to be returned to normal occupancy or function, a project designer or project monitor shall ensure that all waste, debris, and residue have been removed from the site in compliance with the act and the rules and regulations adopted and promulgated pursuant to the act.Source  Laws 1995, LB 406,  78;  Laws 2007, LB463,  1253. 
71-6310.04.  Fees.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.Source Laws 2007, LB463,  1254. 
71-6310.  Individual worker; license required; qualifications; disciplinary actions; applications; current certificate holder; how treated; limited license; instructors; qualifications.(1) An individual shall not be eligible to work on an asbestos project unless the individual holds the appropriate class of license issued by the department. Application for a license shall be made as provided in the Uniform Credentialing Act. An individual shall be credentialed in the same manner as an individual under subsection (1) of section 38-121 and shall be subject to the disciplinary provisions of the act as provided in section 71-6314.(2) The department shall issue the following classes of licenses: Worker; supervisor; inspector; management planner; project monitor; and project designer. To qualify for a license of a particular class, an individual shall have (a) successfully completed a training course approved or administered by the department, (b) been examined by a physician within the preceding year and declared by the physician to be physically capable of working while wearing a respirator, and (c) passed an examination approved or administered by the department with at least the minimum score prescribed by the department. An individual holding such a certificate on December 1, 2008, shall be deemed to be holding a license under the Uniform Credentialing Act and the Asbestos Control Act on such date. The certificate holder may continue to practice under such certificate as a license in accordance with such acts until the certificate would have expired under its terms.(3) As an alternative to the qualifications in subdivision (2)(a) of this section, an individual shall have completed a fully accredited United States Environmental Protection Agency Asbestos Hazard Emergency Response Act of 1986 training program or the individual shall be currently accredited by a United States Environmental Protection Agency fully accredited state asbestos model accreditation plan adopted pursuant to 40 C.F.R. 763. In addition to the alternative qualifications, the individual shall successfully complete a four-hour course approved by the department on Nebraska law, rules, and regulations and shall pass an examination thereon which shall be approved and may be administered by the department.(4) The department may issue a limited license to a project designer or management planner who does not intend to enter any management plan, project design, or asbestos project worksite. An applicant for a limited license under this subsection shall not be required to comply with the requirements of subdivision (2)(b) of this section. A holder of a limited license shall not enter any management plan, project design, or asbestos project worksite. The limitation shall be endorsed upon the license. Violation of the limitation shall be grounds for disciplinary action against the license pursuant to section 71-6314. An individual holding a limited certificate on December 1, 2008, shall be deemed to be holding a limited license under the Uniform Credentialing Act and the Asbestos Control Act on such date. The certificate holder may continue to practice under such limited certificate as a limited license in accordance with such acts until the limited certificate would have expired under its terms.(5) The department shall approve instructors of training courses. To qualify for approval, an individual shall have (a) graduated from high school or obtained a general educational development certificate or equivalent document as determined by the department, (b) successfully completed an approved four-hour course on Nebraska law, rules, and regulations, and (c) at least one year of actual work experience in the asbestos industry.Source  Laws 1986, LB 1051,  10;  Laws 1988, LB 352,  144;  Laws 1988, LB 1073,  9;  Laws 1995, LB 406,  75;  Laws 1997, LB 752,  195;  Laws 2007, LB463,  1250. Cross References  Uniform Credentialing Act, see section 38-101.
71-6311.  Governmental body; contract with nonlicensee prohibited.No state agency, county, city, village, school district, or other political subdivision shall accept a bid in connection with any asbestos project which is two hundred sixty or more linear feet or one hundred sixty or more square feet and linear feet in any combination from a business entity which does not hold a license from the department at the time the bid is submitted.Source  Laws 1986, LB 1051,  11;  Laws 1995, LB 406,  77.  
71-6312.  Violations; penalties.(1) An individual or business entity which engages in an asbestos project without a valid license, except as otherwise provided in the Asbestos Control Act, shall be assessed a civil penalty of not less than five thousand dollars nor more than twenty-five thousand dollars for the first offense and not less than twenty-five thousand dollars nor more than one hundred thousand dollars for a second or subsequent offense. Each day a violation continues shall constitute a separate offense.(2) An individual who engages in an asbestos occupation without a valid license, except as otherwise provided in the act, shall be assessed a civil penalty of not less than five hundred dollars nor more than five thousand dollars for the first offense and not less than one thousand dollars nor more than fifteen thousand dollars for the second or subsequent offense. Each day a violation continues shall constitute a separate offense.(3) Any business entity which knowingly engages in an asbestos project but which uses employees who do not hold a license shall be assessed a civil penalty of not less than five hundred dollars nor more than five thousand dollars for the first offense and not less than five thousand dollars nor more than ten thousand dollars for a second or subsequent offense. Each day a violation continues shall constitute a separate offense.(4) The civil penalties prescribed in subsections (1), (2), and (3) of this section shall be assessed in a civil action brought for such purpose by the Attorney General in the district court of the county in which the violation occurred.(5) An individual or business entity which has been assessed a civil penalty under this section and subsequently engages in an asbestos project or an asbestos occupation without a valid license or using employees who do not hold a license, except as otherwise provided in the Asbestos Control Act:(a) For a first offense, shall be guilty of a Class I misdemeanor; and(b) For a second or subsequent offense, shall be guilty of a Class IV felony.Source  Laws 1986, LB 1051,  12;  Laws 1988, LB 1073,  10;  Laws 1990, LB 923,  3;  Laws 2007, LB463,  1255. 
71-6313.  Violations; action to enjoin.The Attorney General may institute an action in the name of the state for an injunction or other process against any business entity or individual to restrain or prevent any violation of the Asbestos Control Act or of any rules and regulations adopted and promulgated pursuant to such act.Source  Laws 1986, LB 1051,  13;  Laws 1988, LB 1073,  11;  Laws 2007, LB463,  1256. 
71-6314.  Violations; citation; disciplinary actions; procedures; civil penalty; lien; enforcement.(1) When the department determines that a business entity that holds a license has violated the Asbestos Control Act or any rule and regulation adopted and promulgated pursuant to the act, the department may, rather than initially instituting disciplinary proceedings pursuant to subsection (2) of this section, within seven working days after a finding of a violation is made, issue a citation to the licensee. The citation shall be served upon the licensee personally or by certified mail. Each citation shall specifically describe the nature of the violation and identify the statute, rule, or regulation violated. When a citation is served upon the licensee, the licensee shall have seven working days to remedy the violation. If such violation has not been remedied at the end of such time, the department may take such other action as is deemed appropriate pursuant to the Asbestos Control Act and the Administrative Procedure Act.(2) Independent of the provisions of subsection (1) of this section, a license or approval issued pursuant to the Asbestos Control Act may be denied, refused renewal, suspended, or revoked when the applicant or licensee violates any of the provisions of the act, fraudulently or deceptively obtains or attempts to obtain a license or approval, fails at any time to meet the qualifications for a license or approval, fails to comply with rules and regulations adopted and promulgated pursuant to the act, fails to meet any applicable state standard for asbestos projects, or employs or permits an unlicensed individual to work in an asbestos occupation. An individual shall be subject to the reporting, investigatory, and disciplinary provisions of sections 38-176 to 38-185, 38-1,106, 38-1,109 to 38-1,126, and 38-1,137 to 38-1,139 for any of the grounds for disciplinary action found in the Uniform Credentialing Act and for any violation of the Asbestos Control Act or the rules and regulations adopted and promulgated under the acts.(3) In addition to the disciplinary actions provided for in subsection (2) of this section, the department may assess a civil penalty of not less than one thousand dollars nor more than twenty-five thousand dollars for each offense committed by any business entity licensed under the Asbestos Control Act or not less than one hundred dollars nor more than five thousand dollars for each offense committed by an individual licensed under the act for violation of the act or any rule or regulation adopted and promulgated pursuant thereto. Each day a violation continues shall constitute a separate offense.(4) Whenever the department determines to deny, refuse to renew, suspend, or revoke a license or approval or assess a civil penalty, it shall send to the applicant or licensee a notice setting forth the particular reasons for the determination. The denial, suspension, refusal to renew, revocation, or assessment of a civil penalty shall become final thirty days after the mailing of the notice unless the applicant or licensee gives written notice to the department of a desire for a hearing. If a hearing is requested, the applicant or licensee shall be given a hearing before the department and shall have the right to present such evidence as may be proper. On the basis of such evidence, the determination shall be affirmed, modified, or set aside, and a copy of such decision setting forth the findings of fact and the particular reasons upon which such decision was based shall be sent by certified mail to the applicant or licensee. The decision shall become a final decision of the department and may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.(5) Hearings held pursuant to this section shall be held in accordance with the Administrative Procedure Act and the rules and regulations adopted and promulgated by the department under such act.(6) Any civil penalty assessed and unpaid under the Asbestos Control Act shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in any proper form of action in the name of the State of Nebraska in the district court of the county in which the violator resides or owns property. The department shall, within thirty days of receipt, remit any collected civil penalty to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.Source  Laws 1986, LB 1051,  14;  Laws 1988, LB 352,  145;  Laws 1988, LB 1073,  12;  Laws 1995, LB 406,  79;  Laws 2007, LB463,  1257. Cross References   Administrative Procedure Act, see section 84-920.  Uniform Credentialing Act, see section 38-101. 
71-6315.  Existing rules, regulations, licenses, certificates, forms of approval, suits, other proceedings; how treated.(1) All rules and regulations adopted prior to December 1, 2008, under the Asbestos Control Act shall continue to be effective to the extent not in conflict with the changes made by Laws 2007, LB 463.(2) All licenses, certificates, or other forms of approval issued prior to December 1, 2008, in accordance with the Asbestos Control Act shall remain valid as issued for purposes of the changes made by Laws 2007, LB 463, unless revoked or otherwise terminated by law.(3) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to December 1, 2008, under the Asbestos Control Act shall be subject to the provisions of the act as they existed prior to December 1, 2008.Source Laws 2007, LB463,  1258. 
71-6316.  Act; districts exempt.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.Source  Laws 1988, LB 1073,  17;  Laws 1992, LB 746,  74.  
71-6317.  Asbestos Control Act; act, how cited.Sections 71-6301 to 71-6317 shall be known and may be cited as the Asbestos Control Act.Source  Laws 1988, LB 1073,  18;  Laws 1995, LB 406,  80;  Laws 2007, LB463,  1259. Cross References  Asbestos removal, credentialing provisions, see sections 38-1,119 to 38-1,123.
71-6318.01.  Act; purpose and applicability.(1) The Residential Lead-Based Paint Professions Practice Act contains procedures and requirements for the accreditation of training programs, procedures and requirements for the licensure of individuals and firms engaged in lead-based paint activities, and work practice standards for performing lead-based paint activities. The act also requires that, except as otherwise provided in the act, all lead-based paint activities be performed by licensed individuals and firms.(2) The act applies to all individuals and firms who are engaged in lead-based paint activities, except persons who perform lead-based paint activities within residential dwellings that they own, unless the residential dwelling is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being performed or unless a child residing in the building has been identified as having an elevated blood-lead level.(3) While the act establishes specific requirements for performing lead-based paint activities should they be undertaken, nothing in the act requires that the owner or occupant undertake any particular lead-based paint activity.Source  Laws 1999, LB 863,  2;  Laws 2007, LB463,  1261. 
71-6318.  Residential Lead-Based Paint Professions Practice Act; act, how cited.Sections 71-6318 to 71-6331.01 shall be known and may be cited as the Residential Lead-Based Paint Professions Practice Act.Source  Laws 1994, LB 1210,  166;  Laws 1995, LB 147,  1;  Laws 1999, LB 863,  1;  Laws 2007, LB463,  1260. Cross References  Lead-based paint removal, credentialing provisions, see sections 38-1,119 to 38-1,123.
71-6319.01.  Definitions, where found.For purposes of the Residential Lead-Based Paint Professions Practice Act, the definitions found in sections 71-6319.02 to 71-6319.40 apply.Source  Laws 1999, LB 863,  3;  Laws 2007, LB463,  1262. 
71-6319.02.  Abatement or abatement project, defined.Abatement or abatement project means any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to:(1) The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil;(2) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures; and(3)(a) Projects for which there is a written contract or other documentation which provides that a firm or an individual will be conducting activities in or to a residential dwelling or child-occupied facility that (i) will result in the permanent elimination of lead-based paint hazards or (ii) are designed to permanently eliminate lead-based paint hazards and are described in subdivision (1) or (2) of this section;(b) Projects resulting in the permanent elimination of lead-based paint hazards conducted by firms or individuals licensed in accordance with the Residential Lead-Based Paint Professions Practice Act unless such projects are excluded from the definition of abatement or abatement project under this section;(c) Projects resulting in the permanent elimination of lead-based paint hazards conducted by firms or individuals who or which, through company name or promotional literature, hold themselves out to be in the business of performing lead-based paint activities unless such projects are excluded from the definition of abatement or abatement project under this section; or(d) Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders.Abatement does not include renovation, remodeling, landscaping, or other activities when such activities are not designed to permanently eliminate lead-based paint hazards but instead are designed to repair, restore, or remodel a structure or dwelling even if such activities may incidentally result in a reduction or elimination of lead-based paint hazards. Abatement does not include interim controls, operations, and maintenance activities or other measures and activities designed to temporarily but not permanently reduce lead-based paint hazards.Source  Laws 1999, LB 863,  4;  Laws 2007, LB463,  1263. 
71-6319.03.  Accredited training program, defined.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.Source Laws 1999, LB 863,  5. 
71-6319.04.  Licensed abatement worker, defined.Licensed abatement worker means an individual who has been trained by an accredited training program and licensed by the department to perform abatement projects.Source  Laws 1999, LB 863,  6;  Laws 2007, LB463,  1264. 
71-6319.05.  Licensed firm, defined.Licensed firm means a firm to which the department has issued a license.Source  Laws 1999, LB 863,  7;  Laws 2007, LB463,  1265. 
71-6319.06.  Licensed inspector, defined.Licensed inspector means an individual who has been trained by an accredited training program and licensed by the department to conduct inspections and sample for the presence of lead in dust and soil for the purposes of abatement clearance testing.Source  Laws 1999, LB 863,  8;  Laws 2007, LB463,  1266. 
71-6319.07.  Licensed project designer, defined.Licensed project designer means an individual who has been trained by an accredited training program and licensed by the department to prepare abatement project designs, occupant protection plans, and abatement reports.Source  Laws 1999, LB 863,  9;  Laws 2007, LB463,  1267. 
71-6319.08.  Licensed risk assessor, defined.Licensed risk assessor means an individual who has been trained by an accredited training program and licensed by the department to conduct risk assessments and to sample for the presence of lead in dust and soil for the purposes of abatement clearance testing.Source  Laws 1999, LB 863,  10;  Laws 2007, LB463,  1268. 
71-6319.09.  Licensed supervisor, defined.Licensed supervisor means an individual who has been trained by an accredited training program and licensed by the department to supervise and conduct abatement projects and to prepare occupant protection plans and abatement reports.Source  Laws 1999, LB 863,  11;  Laws 2007, LB463,  1269. 
71-6319.10.  Licensed visual lead-hazard advisor, defined.Licensed visual lead-hazard advisor means an individual who has been trained by an accredited training program and licensed by the department to conduct a visual lead-hazard screen.Source  Laws 1999, LB 863,  12;  Laws 2007, LB463,  1270. 
71-6319.11.  Child-occupied facility, defined.Child-occupied facility means a building or portion of a building, constructed prior to 1978, visited regularly by the same child six years of age or under, on at least two different days within any seven-day period running from Sunday through Saturday, if each daily visit lasts at least three hours, the combined weekly visits last at least six hours, and the combined annual visits last at least sixty hours. Child-occupied facility may include, but is not limited to, a day-care center, a preschool, or a kindergarten classroom.Source Laws 1999, LB 863,  13. 
71-6319.12.  Common area, defined.Common area means a portion of a building that is generally accessible to all occupants and may include, but is not limited to, a hallway, stairway, laundry or recreational room, playground, community center, garage, or boundary fence.Source Laws 1999, LB 863,  14. 
71-6319.13.  Component or building component, defined.Component or building component means a specific design or structural element or a fixture of a building, residential dwelling, or child-occupied facility that is distinguished from others by form, function, and location and may include, but is not limited to, (1) interior components such as ceilings, crown moldings, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim including sashes, window heads, jambs, or sills or stools and troughs, built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners and (2) exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascia, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes, and wells, and air conditioners.Source Laws 1999, LB 863,  15. 
71-6319.14.  Containment, defined.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.Source Laws 1999, LB 863,  16. 
71-6319.15.  Department, defined.Department means the Department of Health and Human Services.Source  Laws 1999, LB 863,  17;  Laws 2007, LB296,  657. 
71-6319.16.  Deteriorated paint, defined.Deteriorated paint means paint that is cracking, flaking, chipping, peeling, or otherwise separating from the substrate of a building component.Source Laws 1999, LB 863,  18. 
71-6319.18.  Elevated blood-lead level, defined.Elevated blood-lead level means a confirmed concentration of lead in whole blood of twenty micrograms of lead per deciliter of whole blood for a single venous test or of fifteen to nineteen micrograms of lead per deciliter of whole blood in two consecutive tests taken three to four months apart.Source Laws 1999, LB 863,  20. 
71-6319.19.  Encapsulant, defined.Encapsulant means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating, with or without reinforcement materials, or an adhesively bonded covering material.Source Laws 1999, LB 863,  21. 
71-6319.20.  Encapsulation, defined.Encapsulation means the application of an encapsulant.Source Laws 1999, LB 863,  22. 
71-6319.21.  Enclosure, defined.Enclosure means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.Source Laws 1999, LB 863,  23. 
71-6319.22.  Firm, defined.Firm means a company, partnership, corporation, sole proprietorship, association, or other business entity that conducts lead-based paint abatement or abatement projects.Source Laws 1999, LB 863,  24. 
71-6319.23.  Guest instructor, defined.Guest instructor means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.Source Laws 1999, LB 863,  25. 
71-6319.24.  Inspection, defined.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.Source Laws 1999, LB 863,  26. 
71-6319.25.  Interim controls, defined.Interim controls means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.Source Laws 1999, LB 863,  27. 
71-6319.26.  Lead-based paint, defined.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.Source Laws 1999, LB 863,  28. 
71-6319.27.  Lead-based paint activities, defined.Lead-based paint activities means, in the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement.Source Laws 1999, LB 863,  29. 
71-6319.28.  Lead-based paint hazard, defined.Lead-based paint hazard means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated paint or is present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the department.Source  Laws 1999, LB 863,  30;  Laws 2007, LB296,  658. 
71-6319.29.  Lead-based paint profession, defined.Lead-based paint profession means one of the specific types or categories of lead-based paint activities identified in the Residential Lead-Based Paint Professions Practice Act for which individuals may receive training from an accredited training program and become licensed by the department.Source  Laws 1999, LB 863,  31;  Laws 2007, LB463,  1271. 
71-6319.30.  Lead-contaminated dust, defined.Lead-contaminated dust means surface dust in a residential dwelling or child-occupied facility that contains an area or mass concentration of lead at or in excess of levels identified by the department.Source  Laws 1999, LB 863,  32;  Laws 2007, LB296,  659. 
71-6319.31.  Lead-contaminated soil, defined.Lead-contaminated soil means bare soil on residential real property or on the property of a child-occupied facility that contains lead at or in excess of levels identified by the department.Source  Laws 1999, LB 863,  33;  Laws 2007, LB296,  660. 
71-6319.32.  Person, defined.Person means any natural or judicial person, including any individual, corporation, partnership, or association, any state, or political subdivision thereof, any interstate body, and any department, agency, or instrumentality of the United States Government.Source Laws 1999, LB 863,  34. 
71-6319.33.  Principal instructor, defined.Principal instructor means the individual who has the primary responsibility for organizing and teaching a particular course.Source Laws 1999, LB 863,  35. 
71-6319.34.  Reduction, defined.Reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.Source Laws 1999, LB 863,  36. 
71-6319.35.  Residential dwelling, defined.Residential dwelling means a detached single-family dwelling unit, including attached structures such as porches and stoops, or a single-family dwelling unit in a structure that contains more than one separate residential dwelling unit which is used or occupied or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.Source Laws 1999, LB 863,  37. 
71-6319.36.  Risk assessment, defined.Risk assessment means an onsite investigation to determine the existence, nature, severity, and location of lead-based paint hazards and the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.Source Laws 1999, LB 863,  38. 
71-6319.37.  Target housing, defined.Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities unless one or more children six years of age or under resides or is expected to reside in such housing for the elderly or persons with disabilities or any zero-bedroom dwelling.Source Laws 1999, LB 863,  39. 
71-6319.38.  Training curriculum, defined.Training curriculum means an established set of course topics for instruction in an accredited training program for a particular lead-based paint profession designed to provide specialized knowledge and skills.Source Laws 1999, LB 863,  40. 
71-6319.39.  Training program manager, defined.Training program manager means the individual responsible for administering an accredited training program and monitoring the performance of principal instructors and guest instructors.Source Laws 1999, LB 863,  41. 
71-6319.40.  Visual lead-hazard screen, defined.Visual lead-hazard screen means a visual assessment to determine the presence of deteriorated paint or other potential sources of lead-based paint hazards in a residential dwelling or child-occupied facility. Visual lead-hazard screen includes a written report explaining the results and limitations of the assessment. The written report will be provided to the person requesting the inspection, the residents of the dwelling, and the owner of the dwelling or child-occupied facility. A licensed visual lead-hazard advisor shall retain a copy of the report in his or her files for three years.Source  Laws 1999, LB 863,  42;  Laws 2007, LB463,  1272. 
71-6320.  Lead abatement project; firm; license required.Except as otherwise provided in the Residential Lead-Based Paint Professions Practice Act, a firm shall not engage in an abatement project unless the firm holds a license for that purpose.Source  Laws 1994, LB 1210,  168;  Laws 1999, LB 863,  43;  Laws 2007, LB463,  1273. 
71-6321.  Administration of act; rules and regulations; department; powers and duties.(1) The department shall administer the Residential Lead-Based Paint Professions Practice Act.(2) The department shall adopt and promulgate rules and regulations necessary to carry out such act. The department shall adopt state standards governing abatement projects and may adopt or incorporate part or all of any federal standards in such state standards so long as state standards are no less stringent than federal standards.(3) The department shall prescribe fees based upon the following schedule:(a) For an annual firm license or license renewal, not less than two hundred dollars or more than five hundred dollars;(b) For accreditation of a training program, not less than one thousand dollars or more than two thousand five hundred dollars, which fee shall include one onsite inspection if such inspection is required by the department;(c) For accreditation of a review course or a course on Nebraska law, rules, and regulations, not less than five hundred dollars or more than one thousand dollars, which fee shall include one onsite inspection if such inspection is required by the department;(d) For onsite inspections other than initial inspections, not less than one hundred fifty dollars or more than two hundred fifty dollars. Such fees shall not be assessed for more than three onsite inspections per year during the period an actual abatement project is in progress; and(e) For a project review of each abatement project of a licensed firm, not less than two hundred dollars or more than five hundred dollars.Any business applicant whose application is rejected shall be allowed the return of the application fee, except that an administrative charge of one hundred dollars for a firm license and for accreditation of a training program shall be retained by the department.All fees shall be based on the costs of administering the act. In addition to the fees prescribed in this section, the department may charge and receive reimbursement for board, room, and travel by employees in excess of three hundred dollars, which reimbursement shall not exceed the amounts allowable in sections 81-1174 to 81-1177. All such fees collected by the department shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund. Money credited to the fund pursuant to this section shall be used by the department for the purpose of administering the act.(4) At least once a year during the continuation of an abatement project the department shall conduct an onsite inspection of each licensed firm's procedures for performing abatement projects.(5) The department may enter into agreements or contracts with public agencies to conduct any inspections required under the act if such agencies have the appropriate licensure or accreditation as described in the act.(6) The department shall adopt and promulgate rules and regulations defining work practices for abatement projects, for the licensure of lead-based paint professions, for the accreditation of training programs, for the accreditation of training program providers, for the dissemination of prerenovation information to homeowners and occupants, for the facilitation of compliance with federal lead-based paint hazard control grant programs, and for the implementation of lead-based paint compliance monitoring and enforcement activities. The department may provide for alternatives to specific work practices when the health, safety, and welfare of all classes of lead-based paint professions and the general public are adequately protected.(7) The department may apply for and receive funds from the federal government and any other public or private entity for the purposes of administering the act. Any funds applied for, received, or used by the department or any political subdivision from the federal government or any public entity may be used only to abate lead-based paint hazards and for the administration of lead-based paint programs which address health and environmental hazards caused by lead-based paint.Source  Laws 1994, LB 1210,  169;  Laws 1996, LB 1044,  764;  Laws 1999, LB 863,  44;  Laws 2001, LB 668,  3;  Laws 2002, LB 1021,  101;  Laws 2003, LB 242,  145;  Laws 2007, LB296,  661;  Laws 2007, LB463,  1274;  Laws 2020, LB381,  71.  
71-6322.  Firm; license; qualifications.To qualify for a license, a firm shall:(1) Own or demonstrate immediate and continuing access to and maintain in operable condition modern and effective equipment, as prescribed by the department, which is designed for use in abatement projects;(2) Ensure that each employee or agent of the firm who will participate in an abatement project is licensed as required by the Residential Lead-Based Paint Professions Practice Act;(3) Demonstrate to the satisfaction of the department that the firm is capable of complying with all applicable requirements, procedures, and standards pertaining to abatement projects; and(4) Meet any other standards which the department may deem necessary to protect the health, safety, and welfare of all classes of lead-based paint professions and the general public.Source  Laws 1994, LB 1210,  170;  Laws 1999, LB 863,  45;  Laws 2007, LB463,  1275. 
71-6323.  License; application; contents; current certificate holder; how treated.(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.Source  Laws 1994, LB 1210,  171;  Laws 1999, LB 863,  46;  Laws 2007, LB463,  1276. Cross References  Uniform Credentialing Act, see section 38-101.
71-6326.  Individuals; license required; qualifications; term; renewal; applications; current certificate holder; how treated.(1) An individual shall not be eligible to work on an abatement project unless the individual holds a license issued by the department.(2) The department shall issue the following classes of licenses: Worker, supervisor, inspector, risk assessor, visual lead-hazard advisor, elevated blood-lead level inspector, and project designer. To qualify for a license of a particular class, an individual shall have (a) successfully completed a training course approved or administered by the department, (b) passed an examination approved or administered by the department with at least the minimum score prescribed by the department, and (c) for the classes of worker and supervisor, been examined by a physician within the preceding year and declared by the physician to be physically capable of working while wearing a respirator.(3) An individual holding such a certificate on December 1, 2008, shall be deemed to be holding a license under the Residential Lead-Based Paint Professions Practice Act and the Uniform Credentialing Act on such date. The certificate holder may continue to practice under such certificate as a license in accordance with such acts until the certificate would have expired under its terms.Source  Laws 1994, LB 1210,  174;  Laws 1997, LB 752,  196;  Laws 1999, LB 863,  47;  Laws 2007, LB463,  1277. Cross References  Uniform Credentialing Act, see section 38-101.
71-6327.  Lead-based paint professions; license; application; disciplinary actions; fees; continuing competency requirements.(1) An applicant for a license in any of the lead-based paint professions prescribed in the Residential Lead-Based Paint Professions Practice Act shall be made as provided in the Uniform Credentialing Act. An individual shall be credentialed in the same manner as an individual under subsection (1) of section 38-121 and shall be subject to the disciplinary provisions of the Uniform Credentialing Act as provided in section 71-6331. The department shall establish and collect license and renewal fees as provided in sections 38-151 to 38-157.(2) The department shall adopt and promulgate rules and regulations to establish the continuing competency requirements pursuant to the Uniform Credentialing Act. Continuing education is sufficient to meet continuing competency requirements. The requirements may also include, but not be limited to, one or more of the continuing competency activities listed in section 38-145 which a licensee may select as an alternative to continuing education.Source  Laws 1994, LB 1210,  175;  Laws 1999, LB 863,  48;  Laws 2002, LB 1021,  102;  Laws 2007, LB463,  1278. Cross References  Uniform Credentialing Act, see section 38-101.
71-6328.01.  Reciprocity.Any individual or firm who or which has been issued a license, a certificate, or accreditation for training in another state which (1) has a licensure, certification, or accreditation program approved by the federal Environmental Protection Agency, (2) has licensure, accreditation, certification, education, and experience requirements substantially equal to or greater than those adopted by this state, and (3) grants equal licensure, certification, and accreditation privileges to individuals and firms licensed or accredited and residing in this state may be issued an equivalent license or accreditation in Nebraska upon terms and conditions determined by the department. The terms and conditions may reduce the time period the license is valid and the fee requirements.Source  Laws 1999, LB 863,  53;  Laws 2003, LB 242,  146;  Laws 2007, LB463,  1280. 
71-6328.02.  Existing rules, regulations, licenses, certificates, forms of approval, suits, other proceedings; how treated.(1) All rules and regulations adopted prior to December 1, 2008, under the Residential Lead-Based Paint Professions Certification Act shall continue to be effective under the Residential Lead-Based Paint Professions Practice Act to the extent not in conflict with the changes made by Laws 2007, LB 463.(2) All licenses, certificates, or other forms of approval issued prior to December 1, 2008, in accordance with the Residential Lead-Based Paint Professions Certification Act shall remain valid as issued for purposes of the changes made by Laws 2007, LB 463, in the Residential Lead-Based Paint Professions Practice Act unless revoked or otherwise terminated by law.(3) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to December 1, 2008, under the Residential Lead-Based Paint Professions Certification Act shall be subject to the provisions of the act as they existed prior to December 1, 2008.Source Laws 2007, LB463,  1285. 
71-6328.  Governmental body; acceptance of bid; limitation.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.Source  Laws 1994, LB 1210,  176;  Laws 1999, LB 863,  49;  Laws 2007, LB463,  1279. 
71-6329.  Violations; penalties.(1) A firm which engages in an abatement project without a valid license as provided in the Residential Lead-Based Paint Professions Practice Act shall be assessed a civil penalty of not less than five thousand dollars nor more than twenty-five thousand dollars for the first offense and not less than twenty-five thousand dollars nor more than one hundred thousand dollars for a second or subsequent offense. Each day a violation continues shall constitute a separate offense.(2) An individual who engages in a lead-based paint profession without a valid license shall be assessed a civil penalty of not less than five hundred dollars nor more than five thousand dollars for the first offense and not less than one thousand dollars nor more than fifteen thousand dollars for the second or subsequent offense. Each day a violation continues shall constitute a separate offense.(3) Any firm which knowingly engages in an abatement project but which uses employees who do not hold licenses shall be assessed a civil penalty of not less than five thousand dollars nor more than twenty-five thousand dollars for the first offense and not less than twenty-five thousand dollars nor more than one hundred thousand dollars for a second or subsequent offense. Each day a violation continues shall constitute a separate offense.(4) Any firm conducting an accredited training program which knowingly engages in issuing fraudulent licenses or fails to conduct its training program in accordance with its accreditation shall, in addition to having its accreditation revoked, pay a civil penalty of not less than five thousand dollars nor more than twenty-five thousand dollars.(5) The civil penalties prescribed in subsections (1), (2), (3), and (4) of this section shall be assessed in a civil action brought for such purpose by the Attorney General or the county attorney in the district court of the county in which the violation occurred.(6) An individual or firm which has been assessed a civil penalty under this section and subsequently engages in an abatement project or a lead-based paint profession without a valid license or using employees who do not hold licenses, conducts training programs without being accredited by the department, or issues fraudulent licenses, except as otherwise provided in the act:(a) For a first offense, shall be guilty of a Class I misdemeanor; and(b) For a second or subsequent offense, shall be guilty of a Class IV felony.Source  Laws 1994, LB 1210,  177;  Laws 1999, LB 863,  50;  Laws 2007, LB463,  1281. 
71-6330.  Violations; action to enjoin.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.Source  Laws 1994, LB 1210,  178;  Laws 1999, LB 863,  51;  Laws 2007, LB463,  1282. 
71-6331.01.  Environmental audits; applicability.Sections 25-21,254 to 25-21,264 do not apply to the Residential Lead-Based Paint Professions Practice Act.Source  Laws 1999, LB 863,  54;  Laws 2007, LB463,  1284. 
71-6331.  Violations; disciplinary actions; civil penalty; procedure; appeal; lien; enforcement.(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.Source  Laws 1994, LB 1210,  179;  Laws 1999, LB 863,  52;  Laws 2007, LB463,  1283. Cross References   Administrative Procedure Act, see section 84-920.  Uniform Credentialing Act, see section 38-101. 
71-634.  Birth or death certificate; correction.The department shall charge and collect the same fee as prescribed in subsection (1) of section 71-612 for each proceeding under sections 71-630 and 71-635 to 71-644. All fees so collected shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund. The department shall collect the fees required by section 71-612 for a certified copy of the amended record. All fees for a certified copy shall be handled as provided in section 71-612.If a certificate is amended pursuant to sections 71-630 and 71-635 to 71-644 as the result of an error committed by the department in the issuance of such certificate, the department may waive any fee required under this section.Source   Laws 1947, c. 234,  5, p. 741;   Laws 1953, c. 244,  1, p. 834;   Laws 1959, c. 323,  9, p. 1184;   Laws 1965, c. 418,  11, p. 1340;   Laws 1965, c. 419,  5, p. 1344;  Laws 1971, LB 245,  2;  Laws 1973, LB 483,  11;  Laws 1978, LB 671,  1;  Laws 1983, LB 617,  18;   Laws 1991, LB 703,  33;   Laws 1992, LB 1019,  57;  Laws 1995, LB 406,  36;  Laws 1996, LB 1044,  543;  Laws 2001, LB 209,  18;  Laws 2004, LB 1005,  61;  Laws 2006, LB 994,  90;  Laws 2007, LB296,  437. 
71-635.  Birth or death certificate; amendments; application; by whom made.(1) To amend a birth certificate, application may be made by one of the parents, the guardian, the registrant if of legal age, or the individual responsible for filing the certificate.(2) To amend a death or fetal death certificate, except the medical certification, application may be made by the next of kin or the funeral director and embalmer or person acting as such. Amendments to the medical certification of cause of death section of the certificate shall be requested by the attending physician or person certifying such section.Source  Laws 1971, LB 245,  2;  Laws 1993, LB 187,  12.  
71-636.  Birth certificates; amendments.Amendment of obvious errors, of transposition of letters in words of common knowledge, or of omissions on birth certificates may be made by the department within the first year after the date of the birth, either upon its own observation, upon query, or upon request of a person with a direct and tangible interest in the certificate. When such additions or minor amendments are made by the department, a notation as to the source of the information together with the date the change was made and the initials of the authorized agent making the change shall be made on the reverse side of the certificate in such a way as not to become a part of the certificate. The certificate shall not be marked amended.Source  Laws 1971, LB 245,  3;  Laws 1985, LB 42,  23;   Laws 1992, LB 1019,  58;  Laws 1997, LB 307,  163;  Laws 2007, LB296,  438. 
71-637.  Birth or death certificates; amendment; evidence required.All other amendments to vital records made during the first year, unless otherwise provided in sections 71-630 and 71-635 to 71-644, shall be supported by (1) an affidavit setting forth information to identify the certificate, the incorrect data as it is listed on the certificate, and the correct data as it should appear; and (2) one item of documentary evidence supporting the amendment. Certificates amended by this procedure shall be marked amended.Source Laws 1971, LB 245,  4. 
71-638.  Birth or death certificates; application for amendment; made one year after date; evidence required.Applications for amendments to vital records made one year or more after the event, unless otherwise provided in the regulations or by law, shall be supported by (1) an affidavit setting forth information to identify the certificate, the incorrect data as it is listed on the certificate, and the correct data as it should appear; and (2) two or more items of documentary evidence which support the alleged facts and which were established at least five years prior to the date of application for amendment or within seven years of the date of the event.Source Laws 1971, LB 245,  5. 
71-639.  Birth or death certificate; amendments; evaluation of evidence.The department shall evaluate all evidence submitted for amendments to vital records and when it finds reason to question its validity or adequacy it may reject the amendment and shall advise the applicant of the reasons for this action.Source  Laws 1971, LB 245,  6;  Laws 1997, LB 307,  164;  Laws 2007, LB296,  439. 
71-640.01.  Birth certificates; identification of father.The information pertaining to the identification of the father at the time of birth of an infant born in this state and reported on a birth certificate, filled out and filed pursuant to the Vital Statistics Act, shall comply with the following:(1) If the mother was married at the time of either conception or birth or at any time between conception and birth, the name of the husband shall be entered on the certificate as the father of the child unless (a) paternity has been determined otherwise by a court of competent jurisdiction, (b) the mother and the mother's husband execute affidavits attesting that the husband is not the father of the child, in which case information about the father shall be omitted from the certificate, or (c) the mother executes an affidavit attesting that the husband is not the father and that the putative father is the father, the putative father executes an affidavit attesting that he is the father, and the husband executes an affidavit attesting that he is not the father. In such event, the putative father shall be shown as the father on the certificate. For affidavits executed under subdivision (b) or (c) of this subdivision, each signature shall be individually notarized;(2) If the mother was not married at the time of either conception or birth or at any time between conception and birth, the name of the father shall not be entered on the certificate without the written consent of the mother and the person named as the father;(3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father shall be entered on the certificate in accordance with the finding of the court; and(4) If the father is not named on the certificate, no other information about the father shall be entered thereon.The identification of the father as provided in this section shall not be deemed to affect the legitimacy of the child or duty to support as set forth in sections 42-377 and 43-1401.Source  Laws 1977, LB 72,  1;  Laws 1994, LB 886,  9;  Laws 2005, LB 301,  27.  
71-640.02.  Children born out of wedlock; birth certificate; enter name of father; when.The department shall enter on the birth certificate of any child born out of wedlock the name of the father of the child upon receipt of (1) a certified copy of a court order showing that paternity has been established or a statement in writing by the father that he is the father of the child and (2) the written request of (a) the parent having legal custody of the child or (b) the guardian or agency having legal custody of the child. The surname of the child shall be determined in accordance with section 71-640.03.Source  Laws 1978, LB 671,  2;  Laws 1994, LB 886,  10;  Laws 1997, LB 307,  165;  Laws 2007, LB296,  440. 
71-640.03.  Birth certificate; surname of child.(1) In any case in which paternity of a child is determined by a court of competent jurisdiction, the surname of the child may be entered on the record the same as the surname of the father.(2) The surname of the child shall be the parents' prerogative, except that the department shall not accept a birth certificate with a child's surname that implies any obscene or objectionable words or abbreviations.Source  Laws 1994, LB 886,  11;  Laws 1996, LB 1044,  544;  Laws 2007, LB296,  441. Annotations  Under subsection (1) of this section, a district court, exercising jurisdiction in a paternity action, has discretionary power to decide whether a child's surname should be changed to the surname of the father. Under the plain language of subsection (1) of this section, after paternity is established by a district court, the district court has the discretion to decide only paternity-related issues, i.e., whether to change the child's previous surname to the father's surname. Pursuant to subsection (1) of this section, in a paternity action, a court, in deciding whether a child's surname should be changed to the father's surname, must consider the best interests of the child regarding a change of name. Jones v. Paulson, 261 Neb. 327, 622 N.W.2d 857 (2001). Under former law, a court, exercising jurisdiction in a filiation proceeding, has the discretionary power to decide whether a child's surname shall be changed from the legal surname of the child's mother to the surname of the child's father, and must consider the best interests of the child regarding a change of name. Lancaster v. Brenneis, 227 Neb. 371, 417 N.W.2d 767 (1988). Under former law, determination as to the name to be borne by a minor child of parties to a dissolution action is a matter initially entrusted to the sound discretion of the trial judge, which matter, on appeal, will be reviewed de novo on the record and affirmed in the absence of an abuse of the trial judge's discretion, keeping in mind that the Supreme Court will give weight to the fact that the trial judge observed and heard the witnesses and accepted one version of the facts rather than the other. Cain v. Cain, 226 Neb. 203, 410 N.W.2d 476 (1987). Under former law, in deciding what the surname of a child conceived in wedlock but born during dissolution proceedings should be, each subsection of this section should be given equal weight, with the best interests of the child as the paramount interest. Each parent has an equal right and interest in determining the surname of the child. Cohee v. Cohee, 210 Neb. 855, 317 N.W.2d 381 (1982). 
71-640.04.  Birth certificate; name of father changed; when.The name of the father as shown on the birth certificate may be changed and a new certificate issued only when a determination of paternity is made by a court of competent jurisdiction. The evidence from which the new certificate is prepared and the original certificate of birth shall be available for inspection only upon the order of a court of competent jurisdiction.Source Laws 1994, LB 886,  12. 
71-640.  Birth certificates; given names; change; procedure.(1) Until the registrant's first birthday, given names may be changed upon written request of (a) both parents, (b) the mother in the case of a child born out of wedlock or the death or incapacity of the father, (c) the father in the case of the death or incapacity of the mother, or (d) the guardian or agency having legal custody of the registrant in the case of the death or incapacity of both parents.(2) At any time after the registrant's first birthday and until the seventh birthday, given names may be changed upon written request as specified in subsection (1) of this section and submission of one or more items of documentary evidence to support the change.(3) These procedures may be employed to change a given name only once. Thereafter, and at any time after the seventh birthday, given names may be changed only upon submission of a court order.Source Laws 1971, LB 245,  7. 
71-6401.  Act, how cited.Sections 71-6401 to 71-6407 shall be known and may be cited as the Building Construction Act.Source Laws 1987, LB 227,  1. 
71-6402.  Purpose of act.It is the purpose of the Building Construction Act to:(1) Adopt a state building code to govern the construction, reconstruction, alteration, and repair of buildings and other structures within Nebraska;(2) Provide state standards to safeguard life, health, property, and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, and maintenance of buildings and structures within this state; and(3) Provide for the use of modern and innovative methods, devices, materials, and techniques in the design and construction of buildings and other structures.Source Laws 1987, LB 227,  2. 
71-6403.  State building code; adopted; amendments.(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.Source  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.  
71-6404.  State building code; applicability.(1) For purposes of the Building Construction Act:(a) Component means a portion of the state building code created pursuant to section 71-6403; and(b) Radon resistant new construction has the same meaning as in section 76-3503.(2) The state building code shall be the building and construction standard within the state and shall be applicable:(a) To all buildings and structures owned by the state or any state agency;(b) In each county, city, or village which elects to adopt the state building code as its local building or construction code pursuant to section 71-6406; and(c) In each county, city, or village which has not adopted a local building or construction code pursuant to section 71-6406 within two years after an update to the state building code.Source  Laws 1987, LB 227,  4;  Laws 1993, LB 319,  2;  Laws 2010, LB799,  2;  Laws 2016, LB704,  213;  Laws 2019, LB96,  1;  Laws 2019, LB130,  2.  
71-6405.  State building code; compliance required.(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.Source  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.  Cross References   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. 
71-6406.  County, city, or village; building code; adopt; amend; enforce; copy; fees.(1)(a) Any county, city, or village may enact, administer, or enforce a local building or construction code if or as long as such county, city, or village:(i) Adopts the state building code; or(ii) Adopts a building or construction code that conforms generally with the state building code.(b) If a county, city, or village does not adopt a code as authorized under subdivision (a) of this subsection within two years after an update to the state building code, the state building code shall apply in the county, city, or village, except that such code shall not apply to construction on a farm or for farm purposes.(2) A local building or construction code shall be deemed to conform generally with the state building code if it:(a) Adopts a special or differing building standard by amending, modifying, or deleting any portion of the state building code in order to reduce unnecessary costs of construction, increase safety, durability, or efficiency, establish best building or construction practices within the county, city, or village, or address special local conditions within the county, city, or village;(b) Adopts any supplement, new edition, appendix, or component or combination of components of the state building code;(c) Adopts any of the following:(i) Section 305 or 310 of the 2018 edition of the International Building Code without the exceptions described in subdivision (1)(a) of section 71-6403;(ii) Section 101.4.3 or any portion of chapter 29 of the 2018 edition of the International Building Code;(iii) Section R313 or any portion of chapters 25 through 33 of the 2018 edition of the International Residential Code; or(iv) Section 809 of the 2018 edition of the International Existing Building Code;(d) Adopts a plumbing code, an electrical code, a fire prevention code, or any other standard code as authorized under section 14-419, 15-905, 18-132, or 23-172;(e) Adopts a local energy code as authorized under section 81-1618; or(f) Adopts minimum standards for radon resistant new construction which meet the minimum standards adopted under section 76-3504.(3) A local building or construction code shall not be deemed to conform generally with the state building code if it:(a) Includes a prior edition of any component or combination of components of the state building code; or(b) Does not include minimum standards for radon resistant new construction that meet the minimum standards adopted under section 76-3504.(4) A county, city, or village shall notify the Department of Environment and Energy if it amends or modifies its local building or construction code in such a way as to delete any portion of (a) chapter 13 of the 2018 edition of the International Building Code or (b) chapter 11 of the 2018 edition of the International Residential Code. The notification shall be made within thirty days after the adoption of such amendment or modification.(5) A county, city, or village shall not adopt or enforce a local building or construction code other than as provided by this section.(6) A county, city, or village which adopts or enforces a local building or construction code under this section shall regularly update its code. For purposes of this section, a code shall be deemed to be regularly updated if the most recently enacted state building code or a code that conforms generally with the state building code is adopted by the county, city, or village within two years after an update to the state building code.(7) A county, city, or village may adopt amendments for the proper administration and enforcement of its local building or construction code including organization of enforcement, qualifications of staff members, examination of plans, inspections, appeals, permits, and fees. Any amendment adopted pursuant to this section shall be published separately from the local building or construction code. Any local building or construction code adopted under subdivision (1)(a) of this section or the state building code if applicable under subdivision (1)(b) of this section shall be the legally applicable code regardless of whether the county, city, or village has provided for the administration or enforcement of its local building or construction code under this subsection.(8) A county, city, or village which adopts one or more standard codes as part of its local building or construction code under this section shall keep at least one copy of each adopted code, or portion thereof, for use and examination by the public in the office of the clerk of the county, city, or village prior to the adoption of the code and as long as such code is in effect.(9) Notwithstanding the provisions of the Building Construction Act, a public building of any political subdivision shall be built in accordance with the applicable local building or construction code. Fees, if any, for services which monitor a builder's application of codes shall be negotiable between the political subdivisions involved, but such fees shall not exceed the actual expenses incurred by the county, city, or village doing the monitoring.Source  Laws 1987, LB 227,  6;  Laws 1993, LB 319,  4;  Laws 2010, LB799,  4;  Laws 2011, LB546,  3;  Laws 2015, LB540,  2;  Laws 2016, LB704,  214;  Laws 2017, LB590,  3;  Laws 2019, LB96,  2;  Laws 2019, LB130,  3;  Laws 2019, LB348,  2;  Laws 2019, LB405,  2;  Laws 2021, LB131,  23.  
71-6407.  Construction of act.Nothing in the Building Construction Act shall be construed to authorize any state agency or political subdivision to regulate the construction of farm buildings or other buildings or structures when such regulation is otherwise prohibited by law. Nothing in the act shall be construed to authorize any state agency or political subdivision to have any authority either to establish or to continue in effect, with respect to any manufactured home built pursuant to the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401 to 5426, any standard regarding construction or safety which is not identical to standards promulgated by the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401 to 5426, and the regulations promulgated by the United States Department of Housing and Urban Development under the federal law when there is in effect a standard of the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401 to 5426, or the regulations applicable to the same aspect of performance of such manufactured home.Source  Laws 1987, LB 227,  7;  Laws 1994, LB 511,  7.  
71-641.  Birth certificates; without given name; legal change of name; procedure.(1) Until the registrant's seventh birthday, the given name, for a child whose birth was recorded without a given name, may be added based upon an affidavit signed by (a) both parents, (b) the mother in the case of a child born out of wedlock or the death or incapacity of the father, (c) the father in the case of the death or incapacity of the mother, or (d) the guardian or agency having legal custody of the registrant in the case of the death or incapacity of both parents. A certificate amended in this manner prior to the first birthday shall not be marked amended.(2) After the seventh birthday, one or more items of documentary evidence must be submitted to substantiate the name being added.(3) For a legal change of name, a certified copy of the court order changing the name must be presented to the department along with data to identify the birth certificate and a request that it be amended to show the new name.Source  Laws 1971, LB 245,  8;  Laws 1997, LB 307,  166;  Laws 2007, LB296,  442. 
71-642.  Birth or death certificates; medical certification; amendment; requirements.All items in the medical certification or of a medical nature in a vital record may be amended only upon receipt of a signed statement from those responsible for completion of the entries involved as provided in the Vital Statistics Act. The department may, at its discretion, require documentary evidence to substantiate the requested amendment.Source  Laws 1971, LB 245,  9;  Laws 1997, LB 307,  167;  Laws 2005, LB 301,  28.  
71-643.  Birth or death certificate; additional amendment; requirements.When an entry on a vital record has been amended, that entry shall not be amended again unless (1) it can be shown that the first amendment was made through mistake, or (2) a court order is received from a court of competent jurisdiction.Source Laws 1971, LB 245,  10. 
71-644.  Birth or death certificate; amendment; requirements.A certificate or report that is amended under sections 71-635 to 71-644 shall indicate that it has been amended as provided by rules and regulations of the department. A record shall be maintained which identifies the evidence upon which the amendment was based, the date of the amendment, and the identity of the person making the amendment.Source  Laws 1971, LB 245,  11;  Laws 1985, LB 42,  24;   Laws 1992, LB 1019,  59;  Laws 1994, LB 886,  13;  Laws 1996, LB 1044,  545;  Laws 2007, LB296,  443. 
71-645.  Birth defects; findings and duties.It is hereby found that the occurrence of malformation or inherited disease at the time of birth is a tragedy for the child, the family, and the community, and a matter of vital concern to the public health. In order to provide for the protection and promotion of the health of the citizens of the state, the department shall have the responsibility for the implementation and development of scientific investigations and research concerning the causes, methods of prevention, treatment, and cure of birth defects.Source  Laws 1972, LB 1203,  1;  Laws 1996, LB 1044,  546;  Laws 2007, LB296,  444. 
71-646.  Birth defects; registry; purpose; information released.The department shall establish a birth defects registry for the purpose of initiating and conducting investigations of the causes, mortality, methods of prevention, treatment, and cure of birth defects and allied diseases. Any information released from the registry shall be disclosed as Class I, Class II, Class III, or Class IV data as provided in sections 81-663 to 81-675.Source  Laws 1972, LB 1203,  2;  Laws 1993, LB 536,  64;  Laws 1996, LB 1044,  547;  Laws 2007, LB296,  445. 
71-647.  Birth defects; department; powers and duties; information released.(1) The department shall have and may exercise the following powers and duties:(a) To conduct scientific investigations and surveys of the causes, mortality, methods of prevention, treatment, and cure of birth defects;(b) To publish at least annually the results of such investigations and surveys for the benefit of the public health and to annually collate such publications for distribution to scientific organizations and qualified scientists and physicians;(c) To carry on programs of professional education and training of medical students, physicians, nurses, scientists, and technicians in the causes, methods of prevention, treatment, and cure of birth defects;(d) To conduct and support clinical counseling services in medical facilities; and(e) To secure necessary scientific, educational, training, technical, administrative, and operational personnel and services including laboratory facilities by contract or otherwise from public or private entities in order to carry out the purposes of this section.(2) Any information released from the birth defects registry shall be disclosed as Class I, Class II, Class III, or Class IV data as provided in sections 81-663 to 81-675.Source  Laws 1972, LB 1203,  3;  Laws 1993, LB 536,  65;  Laws 1996, LB 1044,  548;  Laws 2007, LB296,  446. 
71-648.  Birth defects; reports.Birth defects and allied diseases shall be reported by physicians, hospitals, and persons in attendance at births in the manner and on such forms as may be prescribed by the department. Such reports may be included in the monthly report to the department on births as required by section 71-610. Such reports shall be forwarded to the department no later than the tenth day of the succeeding month after the birth. When objection is made by either parent to furnishing information relating to the medical and health condition of a live-born child because of conflict with religion, such information shall not be required to be entered as provided in this section.Source  Laws 1972, LB 1203,  4;   Laws 1992, LB 1019,  60;  Laws 1993, LB 536,  66;  Laws 1996, LB 1044,  549;  Laws 2007, LB296,  447. Cross References  Medically handicapped child, report of birth, see section 71-1405.
71-649.  Vital statistics; unlawful acts; enumerated; violations; penalties; warning statement.(1) Any person who (a) willfully and knowingly makes any false statement in a certificate, record, or report required to be filed pursuant to the Vital Statistics Act, in an application for an amendment thereof, or in an application for a certified copy of a vital record or willfully and knowingly supplies false information intending that such information be used in the preparation of any such report, record, certificate, or amendment thereof; (b) without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends, or mutilates any certificate, record, or report required to be filed pursuant to the act or a certified copy of such certificate, record, or report; (c) willfully and knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another, for any purpose of deception, any certificate, record, report, or certified copy thereof so made, counterfeited, altered, amended, or mutilated; (d) with the intention to deceive, willfully and knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another any certificate of birth or certified copy of a certificate of birth knowing that such certificate or certified copy was issued upon a certificate which is false in whole or in part or which relates to the birth of another person, whether living or deceased; (e) willfully and knowingly furnishes or possesses a certificate of birth or certified copy of a certificate of birth with the knowledge or intention that it be used for the purposes of deception by a person other than the person to whom the certificate of birth relates; (f) without lawful authority possesses any certificate, record, or report required by the act or a copy or certified copy of such certificate, record, or report knowing the same to have been stolen or otherwise unlawfully obtained; or (g) willfully and knowingly tampers with an electronic signature authorized under section 71-603.01 shall be guilty of a Class IV felony.(2) Any person who (a) willfully and knowingly refuses to provide information required by the Vital Statistics Act or rules and regulations adopted under the act or (b) willfully and knowingly neglects or violates any of the provisions of the act or refuses to perform any of the duties imposed upon him or her under the act shall be guilty of a Class I misdemeanor.(3) The department may include on any appropriate certificate or document a statement warning of the consequences for any such violation.Source  Laws 1977, LB 72,  2;  Laws 1978, LB 748,  37;  Laws 1994, LB 886,  14;  Laws 1996, LB 1044,  550;  Laws 1997, LB 307,  168;  Laws 2005, LB 301,  29.  
71-6501.  Terms, defined.For purposes of sections 71-6501 to 71-6504:(1) Activities of daily living has the definition found in section 71-6602;(2) Attendant services means services provided to nonmedically fragile persons, including hands-on assistance with activities of daily living, transfer, grooming, bathing, medication reminders, and similar activities;(3) Companion services means the provision of companionship and assistance with letter writing, reading, and similar activities;(4) Homemaker services means assistance with household tasks, including, but not limited to, housekeeping, personal laundry, shopping, incidental transportation, and meals;(5) In-home personal services means attendant services, companion services, and homemaker services that do not require the exercise of medical or nursing judgment provided to a person in his or her residence to enable the person to remain safe and comfortable in such residence;(6) In-home personal services agency means an entity that provides or offers to provide in-home personal services for compensation by employees of the agency or by persons with whom the agency has contracted to provide such services. In-home personal services agency does not include a local public health department as defined in section 71-1626, a health care facility as defined in section 71-413, a health care service as defined in section 71-415, programs supported by the federal Corporation for National and Community Service, an unlicensed home care registry or similar entity that screens and schedules independent contractors as caregivers for persons, or an agency that provides only housecleaning services. A home health agency may be an in-home personal services agency; and(7) In-home personal services worker means a person who meets the requirements of section 71-6502 and provides in-home personal services.Source  Laws 2007, LB236,  39;  Laws 2022, LB824,  1.  Effective Date: July 21, 2022  
71-6502.  In-home personal services worker; qualifications.An in-home personal services worker:(1) Shall be at least eighteen years of age;(2) Shall have good moral character;(3) Shall not have been convicted of a crime under the laws of Nebraska or another jurisdiction, the penalty for which is imprisonment for a period of more than one year and which crime is rationally related to the person's fitness or capacity to act as an in-home personal services worker;(4) Shall have no adverse findings on the Adult Protective Services Central Registry, the central registry created in section 28-718, the Medication Aide Registry, the Nurse Aide Registry, or the central registry maintained by the sex offender registration and community notification division of the Nebraska State Patrol pursuant to section 29-4004;(5) Shall be able to speak and understand the English language or the language of the person for whom he or she is providing in-home personal services; and(6) Shall have training sufficient to provide the requisite level of in-home personal services offered.Source  Laws 2007, LB236,  40;  Laws 2014, LB853,  49. Cross References   Adult Protective Services Act, see section 28-348.  Medication Aide Act, see section 71-6718. 
71-6503.  In-home personal services agency; duties.An in-home personal services agency shall employ or contract with only persons who meet the requirements of section 71-6502 to provide in-home personal services. The in-home personal services agency shall perform or cause to be performed a criminal history record information check on each in-home personal services worker and a check of his or her driving record as maintained by the Department of Motor Vehicles or by any other state which has issued an operator's license to the in-home personal services worker, when driving is a service provided by the in-home personal services worker, and shall maintain documentation of such checks in its records for inspection at its place of business.Source Laws 2007, LB236,  41. 
71-6504.  Sections; applicability.Sections 71-6501 to 71-6503 do not apply to the performance of health maintenance activities by designated care aides pursuant to section 38-2219 or to persons who provide personal assistant services, respite care or habilitation services, or aged and disabled services.Source  Laws 2007, LB236,  42;  Laws 2007, LB247,  85. 
71-6601.  Legislative intent.It is the intent of the Legislature that quality health care be provided to all citizens of the state who receive home health aide services through a licensed home health agency. A method of accomplishing quality health care is to ensure adequate training of unlicensed personnel who provide home health aide services by establishing minimum standards for training, evaluation, and supervision. The purpose of sections 71-6601 to 71-6615 is to establish requirements for the provision of home health aide services.Source  Laws 1988, LB 1100,  116;   Laws 1991, LB 703,  53.  
71-6602.  Terms, defined.As used in sections 71-6601 to 71-6615, unless the context otherwise requires:(1) Activities of daily living means assistance with ambulation, bathing, toileting, feeding, and similar activities;(2) Basic therapeutic care means basic health care procedures, including, but not limited to, measuring vital signs, applying hot and cold applications and nonsterile dressings, and assisting with, but not administering, internal and external medications which are normally self-administered. Basic therapeutic care does not include health care procedures which require the exercise of nursing or medical judgment;(3) Department means the Department of Health and Human Services;(4) Home health agency means a home health agency as defined in section 71-417;(5) Home health aide means a person who is employed by a home health agency to provide personal care, assistance with the activities of daily living, and basic therapeutic care to patients of the home health agency;(6) Personal care means hair care, nail care, shaving, dressing, oral care, and similar activities;(7) Supervised practical training means training in a laboratory or other setting in which the trainee demonstrates knowledge while performing tasks on an individual under the direct supervision of a registered nurse or licensed practical nurse; and(8) Vital signs means temperature, pulse, respiration, and blood pressure.Source  Laws 1988, LB 1100,  117;   Laws 1991, LB 703,  54;  Laws 1996, LB 1044,  765;  Laws 1998, LB 1354,  41;  Laws 2000, LB 819,  136;  Laws 2007, LB296,  662;  Laws 2022, LB824,  2.  Effective Date: July 21, 2022  
71-6603.  Home health aide; requirements.On and after September 6, 1991, no person shall act as a home health aide unless such person:(1) Is at least eighteen years of age;(2) Is of good moral character;(3) Has not been convicted of a crime under the laws of this state or another jurisdiction, the penalty for which is imprisonment for a period of more than one year and which is rationally related to the person's fitness or capacity to act as a home health aide;(4) Is able to speak and understand the English language or the language of the home health agency patient and the home health agency staff member who acts as the home health aide's supervisor;(5) Meets one of the following qualifications:(a) Has successfully completed a home health aide training course which meets the standards described in section 71-6608.01;(b) Is a graduate of a school of nursing;(c) Has been employed by a licensed home health agency as a home health aide II prior to September 6, 1991;(d) Has successfully completed a course in a school of nursing which included practical clinical experience in fundamental nursing skills and has completed a competency evaluation as described in section 71-6608.02;(e) Has successfully completed a basic course of training approved by the department for nurse aides as required by section 71-6039 and has completed a competency evaluation as described in section 71-6608.02;(f) Has been employed by a licensed home health agency as a home health aide I prior to September 6, 1991, and has completed a competency evaluation as described in section 71-6608.02; or(g) Has met the qualifications equal to one of those contained in subdivisions (a) through (f) of this subdivision in another state or territory of the United States; and(6) Has provided to the employing licensed home health agency proof of meeting the requirements of this section.Source  Laws 1988, LB 1100,  118;   Laws 1991, LB 703,  55;  Laws 2002, LB 1062,  63;  Laws 2017, LB417,  16.  
71-6605.  Home health aides; permitted acts.Home health aides may perform only personal care, assistance with the activities of daily living, and basic therapeutic care. A home health aide may provide medication only in compliance with the Medication Aide Act. Home health aides may not perform acts which require the exercise of nursing or medical judgment.Source  Laws 1988, LB 1100,  120;   Laws 1991, LB 703,  56;  Laws 1998, LB 1354,  42.  Cross References  Medication Aide Act, see section 71-6718.
71-6606.  Home health agencies; employ qualified aides.After January 1, 1989, home health agencies shall employ only home health aides qualified to provide home health care pursuant to sections 71-6601 to 71-6615. The department shall prescribe procedures for verification by home health agencies of successful completion of the requirements of section 71-6603. Home health agencies shall provide direction and supervision of home health aides. Home health agencies shall provide or make available to their home health aides four one-hour inservice programs per year on subjects relevant to home health care and shall verify such programs in a manner and method prescribed by the department.Source  Laws 1988, LB 1100,  121;   Laws 1991, LB 703,  57.  
71-6607.  Home health agency; provide supervision; care plan.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.Source  Laws 1988, LB 1100,  122;   Laws 1991, LB 703,  58.  
71-6608.01.  Home health aide training course; standards; supervised training; documentation required.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.Source  Laws 1991, LB 703,  59. 
71-6608.02.  Home health aide competency evaluation; requirements.If a competency evaluation is required by section 71-6603, the home health agency shall be responsible for ensuring that the individuals who furnish home health aide services on its behalf meet the competency evaluation requirements of this section. A home health aide competency evaluation shall address each of the subjects listed in subdivisions (1)(b) through (1)(m) of section 71-6608.01. The competency evaluation may be offered by any organization except as specified in subdivision (4) of such section. The competency evaluation shall be performed by a registered nurse. The subject areas listed in subdivisions (1)(c) and (1)(i) through (1)(k) of such section shall be evaluated after observation of the aide's performance of the tasks with a patient or other individual. The other subject areas in subdivision (1) of such section shall be evaluated through written examination or oral examination or after observation of a home health aide with a patient or other individual. A home health aide shall not be considered competent in any task for which he or she is evaluated as unsatisfactory, and the home health aide shall not perform that task without direct supervision by a Nebraska-licensed nurse until after he or she receives training in the task for which he or she was evaluated as unsatisfactory and subsequently is evaluated as satisfactory. A home health aide shall not be considered to have successfully passed a competency evaluation if the aide has been evaluated as unsatisfactory in more than one of the required areas. The home health agency shall maintain documentation which demonstrates that the requirements of this section are met.Source  Laws 1991, LB 703,  60. 
71-6608.  Home health aide; demonstrate competency; when required.After January 1, 1989, any home health aide not acting as such for a period of three years shall demonstrate competency in the tasks and duties which are the subject of home health aide training courses. The home health agency shall determine and verify competency of the home health aide in the manner and method prescribed by the department.Source Laws 1988, LB 1100,  123. 
71-6612.  Home health agency; verify competency.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.Source  Laws 1988, LB 1100,  127;   Laws 1991, LB 703,  62.  
71-6615.  Hospice program; volunteers exempt.Sections 71-6601 to 71-6612 shall not apply to any volunteers working on behalf of a hospice licensed under the Health Care Facility Licensure Act who, as part of their volunteer duties, provide home health care.Source  Laws 1988, LB 1100,  130;   Laws 1991, LB 703,  64;  Laws 1996, LB 1155,  66;  Laws 2000, LB 819,  137.  Cross References  Health Care Facility Licensure Act, see section 71-401.
71-6718.  Act, how cited.Sections 71-6718 to 71-6742 shall be known and may be cited as the Medication Aide Act.Source Laws 1998, LB 1354,  8. 
71-6719.  Legislative findings.The Legislature finds that the administration of medications by persons other than oneself or one's caretaker should be a regulated act and there is a need to define a system to safely assist individuals to take medications who do not have the ability to take medications independently. The Medication Aide Act sets forth provisions of such a system.Source Laws 1998, LB 1354,  9. 
71-6720.  Purpose of act; applicability.(1) The purposes of the Medication Aide Act are to ensure the health, safety, and welfare of the public by providing for the accurate, cost-effective, efficient, and safe utilization of medication aides to assist in the administration of medications by (a) competent individuals, (b) caretakers who are parents, foster parents, family, friends or legal guardians, and (c) licensed health care professionals.(2) The act applies to all settings in which medications are administered except the home, unless the in-home administration of medication is provided through a licensed home health agency, a licensed or certified home and community-based provider, or a licensed PACE center as defined in section 71-424.01.(3) The act does not apply to the provision of reminders to persons to self-administer medication or assistance to persons in the delivery of nontherapeutic topical applications by in-home personal services workers. For purposes of this subsection, in-home personal services worker has the definition found in section 71-6501.Source  Laws 1998, LB 1354,  10;  Laws 2007, LB236,  44;  Laws 2020, LB1053,  20.  
71-6721.  Terms, defined.For purposes of the Medication Aide Act:(1) Ability to take medications independently means the individual is physically capable of (a) the act of taking or applying a dose of a medication, (b) taking or applying the medication according to a specific prescription or recommended protocol, and (c) observing and monitoring himself or herself for desired effect, side effects, interactions, and contraindications of the medication and taking appropriate actions based upon those observations;(2) Administration of medication includes, but is not limited to (a) providing medications for another person according to the five rights, (b) recording medication provision, and (c) observing, monitoring, reporting, and otherwise taking appropriate actions regarding desired effects, side effects, interactions, and contraindications associated with the medication;(3) Caretaker means a parent, foster parent, family member, friend, or legal guardian who provides care for an individual;(4) Child care facility means an entity or a person licensed under the Child Care Licensing Act;(5) Competent individual means an adult who is the ultimate recipient of medication and who has the capability and capacity to make an informed decision about taking medications;(6) Department means the Department of Health and Human Services;(7) Direction and monitoring means the acceptance of responsibility for observing and taking appropriate action regarding any desired effects, side effects, interactions, and contraindications associated with the medication by a (a) competent individual for himself or herself, (b) caretaker, or (c) licensed health care professional;(8) Facility means a health care facility or health care service as defined in section 71-413 or 71-415 or an entity or person certified by the department to provide home and community-based services;(9) Five rights means getting the right drug to the right recipient in the right dosage by the right route at the right time;(10) Health care professional means an individual for whom administration of medication is included in the scope of practice;(11) Home means the residence of an individual but does not include any facility or school;(12) Intermediate care facility for persons with developmental disabilities has the definition found in section 71-421;(13) Informed decision means a decision made knowingly, based upon capacity to process information about choices and consequences, and made voluntarily;(14) Medication means any prescription or nonprescription drug intended for treatment or prevention of disease or to affect body function in humans;(15) Medication aide means an individual who is listed on the medication aide registry operated by the department;(16) Nonprescription drug has the definition found in section 38-2829;(17) Nursing home means any facility or a distinct part of any facility that provides care as defined in sections 71-420, 71-422, 71-424, and 71-429;(18) Prescription drug has the definition of prescription drug or device as found in section 38-2841;(19) Provision of medication means the component of the administration of medication that includes giving or applying a dose of a medication to an individual and includes helping an individual in giving or applying such medication to himself or herself;(20) PRN means an administration scheme in which a medication is not routine, is taken as needed, and requires assessment for need and effectiveness;(21) Recipient means a person who is receiving medication;(22) Routine, with reference to medication, means the frequency of administration, amount, strength, and method are specifically fixed; and(23) School means an entity or person meeting the requirements for a school set by Chapter 79.Source  Laws 1998, LB 1354,  11;  Laws 2000, LB 819,  138;  Laws 2001, LB 398,  81;  Laws 2004, LB 1005,  132;  Laws 2007, LB296,  663;  Laws 2007, LB463,  1286;  Laws 2013, LB23,  39. Cross References  Child Care Licensing Act, see section 71-1908.
71-6722.  Administration of medication; by whom.Administration of medication may be done by competent individuals to themselves, by caretakers of recipients receiving medication, or by licensed health care professionals for whom administration of medication is included in their scope of practice.A medication aide, a person licensed to operate a child care facility or a staff member of a child care facility, or a staff member of a school may participate in medication administration, when directed and monitored by a competent individual, caretaker, or health care professional, by providing medications in compliance with the Medication Aide Act and rules and regulations adopted and promulgated under the act. In each case, the individual responsible for providing direction and monitoring shall be identified in writing and indication that such individual has accepted such responsibility shall also be identified in writing.Source Laws 1998, LB 1354,  12. 
71-6723.  Administration of medication; methods authorized; conditions; additional methods; requirements.(1) A medication aide, a person licensed to operate a child care facility or a staff member of a child care facility, or a staff member of a school may provide routine medications by the following routes: (a) Oral; (b) inhalation; (c) topical; and (d) instillation into the eyes, ears, and nose.(2) A medication aide, a person licensed to operate a child care facility or a staff member of a child care facility, or staff member of a school may provide medication by additional routes not listed in subsection (1) of this section, provide PRN medication, or participate in observing and reporting for monitoring medications only under the following conditions:(a) A determination has been made by a competent individual, a caretaker, or a licensed health care professional and placed in writing that the medication aide, person licensed to operate a child care facility or staff member of a child care facility, or staff member of a school is competent to perform these activities; and(b) It has been determined by a licensed health care professional and placed in writing that these activities can be done safely for a specified recipient.Direction for additional routes not listed in subsection (1) of this section must be for recipient-specific procedures and must be in writing. Direction for PRN medication must be in writing and include the parameters for provision of the PRN medication. Direction for observing and reporting for monitoring medication must be in writing and include the parameters for the observation and reporting. A medication aide, a person licensed to operate a child care facility or a staff member of a child care facility, or a staff member of a school acting under this subsection shall comply with the written directions. Subdivision (b) of this subsection does not apply to nonprescription drugs when direction and monitoring is done by a competent individual for himself or herself or by a caretaker.Source Laws 1998, LB 1354,  13. 
71-6724.  Medication administration records.A medication aide, a facility using a medication aide, a child care facility using the services of a person licensed to operate a child care facility or a staff member of a child care facility, or a school using the services of a staff member of the school shall keep and maintain accurate medication administration records. The medication administration records shall be available to the Department of Health and Human Services and the State Department of Education for inspection and copying. The medication administration records shall include information and data the departments require by rules and regulations adopted under the Medication Aide Act.Source  Laws 1998, LB 1354,  14;  Laws 2007, LB296,  664. 
71-6725.  Minimum standards for competencies.(1) The minimum competencies for a medication aide, a person licensed to operate a child care facility or a staff member of a child care facility, or a staff member of a school shall include (a) maintaining confidentiality, (b) complying with a recipient's right to refuse to take medication, (c) maintaining hygiene and current accepted standards for infection control, (d) documenting accurately and completely, (e) providing medications according to the five rights, (f) having the ability to understand and follow instructions, (g) practicing safety in application of medication procedures, (h) complying with limitations and conditions under which a medication aide may provide medications, and (i) having an awareness of abuse and neglect reporting requirements and any other areas as shall be determined by rules or regulations.(2) The Department of Health and Human Services shall adopt and promulgate rules and regulations setting minimum standards for competencies listed in subsection (1) of this section and methods for competency assessment of medication aides. The Department of Health and Human Services shall adopt and promulgate rules and regulations setting methods for competency assessment of the person licensed to operate a child care facility or staff of child care facilities. The State Department of Education shall adopt and promulgate rules and regulations setting methods for competency assessment of the school staff member.(3) A medication aide, except one who is employed by a nursing home, an intermediate care facility for persons with developmental disabilities, or an assisted-living facility, a person licensed to operate a child care facility or a staff member of a child care facility, or a staff member of a school shall not be required to take a course. The medication aide shall be assessed to determine that the medication aide has the competencies listed in subsection (1) of this section.(4) A medication aide providing services in an assisted-living facility as defined in section 71-5903, a nursing home, or an intermediate care facility for persons with developmental disabilities shall be required to have completed a forty-hour course on the competencies listed in subsection (1) of this section and competency standards established through rules and regulations as provided for in subsection (2) of this section, except that a medication aide who has, prior to January 1, 2003, completed a twenty-hour course and passed an examination developed and administered by the Department of Health and Human Services may complete a second twenty-hour course supplemental to the first twenty-hour course in lieu of completing the forty-hour course. The department shall adopt and promulgate rules and regulations regarding the procedures and criteria for curriculum. Competency assessment shall include passing an examination developed and administered by the department. Criteria for establishing a passing standard for the examination shall be established in rules and regulations.(5) Medication aides providing services in nursing homes or intermediate care facilities for persons with developmental disabilities shall also meet the requirements set forth in section 71-6039.Source  Laws 1998, LB 1354,  15;  Laws 2000, LB 819,  139;  Laws 2002, LB 1021,  103;  Laws 2007, LB296,  665;  Laws 2013, LB23,  40;  Laws 2018, LB439,  8.  
71-6726.  Medication aide; registration; qualifications; report of conviction required; licensure as nurse; effect.(1) To register as a medication aide, an individual shall (a) have successfully completed the requirements in section 71-6725, (b) be at least eighteen years of age, (c) be of good moral character, (d) file an application with the department, and (e) pay the applicable fee.(2) A registered nurse or licensed practical nurse whose license has been revoked, suspended, or voluntarily surrendered in lieu of discipline may not register as a medication aide.(3) An applicant or medication aide shall report to the department, in writing, any conviction for a felony or misdemeanor. A conviction is not a disqualification for placement on the registry unless it relates to the standards identified in section 71-6725 or it reflects on the moral character of the applicant or medication aide.(4) An applicant or medication aide may report any pardon or setting aside of a conviction to the department. If a pardon or setting aside has been obtained, the conviction for which it was obtained shall not be maintained on the Medication Aide Registry.(5) If a person registered as a medication aide on the Medication Aide Registry becomes licensed as a registered nurse or licensed practical nurse, his or her registration as a medication aide becomes null and void as of the date of licensure.Source  Laws 1998, LB 1354,  16;  Laws 2007, LB185,  44;  Laws 2007, LB463,  1287. 
71-6727.  Medication Aide Registry; contents.(1) The department shall list each medication aide registration in the Medication Aide Registry as a Medication Aide-40-Hour, Medication Aide-20-Hour, or Medication Aide. A listing in the registry shall be valid for the term of the registration and upon renewal unless such listing is refused renewal or is removed as provided in section 71-6730.(2) The registry shall contain the following information on each individual who meets the conditions in section 71-6726: (a) The individual's full name; (b) information necessary to identify individuals, including those qualified to provide medications in nursing homes, intermediate care facilities for persons with developmental disabilities, or assisted-living facilities; (c) any conviction of a felony or misdemeanor reported to the department; and (d) other information as the department may require by rule and regulation.Source  Laws 1998, LB 1354,  17;  Laws 2007, LB463,  1288;  Laws 2013, LB23,  41. 
71-6728.  Registration; renewal; fee.Registration as a medication aide shall be renewed biennially based upon competency. The department may prescribe by rule and regulation how a medication aide can show competency for purposes of renewal. Payment of the applicable fee shall be a condition of renewal. After September 1, 2007, any registration that is renewed shall expire two years after the date the registration would have expired if it had not been renewed. A medication aide who provides medication aide services prior to registration or after the date the registration expires shall be subject to the civil penalty prescribed in section 38-198.Source  Laws 1998, LB 1354,  18;  Laws 2007, LB283,  2;  Laws 2007, LB463,  1289. 
71-6729.  Screening and review.The department may conduct periodic and random screening or review of entities conducting competency assessments or courses and of the activities of applicants and medication aides as may be necessary to ensure compliance with the Medication Aide Act and the rules and regulations.Source Laws 1998, LB 1354,  19. 
71-6730.  Failure to meet standards; violations; department; powers.(1) The department may deny registration or refuse renewal of or remove a registration from the Medication Aide Registry for failure to meet the standards in section 71-6725 or for violation of the Medication Aide Act or the rules and regulations.(2) If the department proposes to deny, refuse renewal of, or remove a registration, it shall send the applicant or registrant a notice setting forth the action to be taken and the reasons for the determination. The denial, refusal to renew, or removal shall become final thirty days after mailing the notice unless the applicant or registrant gives written notice to the department of his or her desire for an informal conference or for a formal hearing.(3) Notice may be served by any method specified in section 25-505.01, or the department may permit substitute or constructive service as provided in section 25-517.02 when service cannot be made with reasonable diligence by any of the methods specified in section 25-505.01.Source Laws 1998, LB 1354,  20. 
71-6731.  Informal conference; procedure.If an informal conference is requested, the department shall assign a representative of the department to hold an informal conference with the applicant or registrant within fifteen working days after receipt of a request. Within seven working days after the conclusion of such conference, the representative shall affirm, modify, or dismiss the action. The representative shall state in writing the specific reasons for affirming, modifying, or dismissing the action and shall immediately transmit copies of the statement to the department and to the applicant or the registrant. If the representative affirms or modifies the action, it shall become final unless the applicant or registrant, within ten working days after receipt of the written notice, requests in writing a formal hearing to contest the action.Source Laws 1998, LB 1354,  21. 
71-6732.  Contested actions; procedure.Except as provided by section 71-6731, an applicant or registrant who desires to contest an action or to further contest an affirmed or modified action shall do so in the manner provided in the Administrative Procedure Act for contested cases. The chief medical officer as designated in section 81-3115 shall be the decisionmaker in a contested case under this section. The hearings on a petition for judicial review of any final decision regarding an action for an alleged violation shall be set for hearing at the earliest possible date. The times for pleadings and hearings in such action shall be set by the judge of the court with the object of securing a decision at the earliest possible time.Source  Laws 1998, LB 1354,  22;  Laws 2007, LB296,  666. Cross References  Administrative Procedure Act, see section 84-920.
71-6733.  Reapplication authorized; lifting of sanctions.A person whose registration has been denied, refused renewal, or removed from the Medication Aide Registry may reapply for registration or for lifting of the disciplinary sanction at any time after one year has elapsed since the date such registration was denied, refused renewal, or removed from the registry, in accordance with the rules and regulations.Source  Laws 1998, LB 1354,  23;  Laws 2007, LB185,  45. 
71-6734.  Fees.The department shall establish and collect fees for credentialing activities under the Medication Aide Act as provided in sections 38-151 to 38-157.Source  Laws 1998, LB 1354,  24;  Laws 2002, LB 1021,  104;  Laws 2003, LB 242,  147;  Laws 2007, LB463,  1290. 
71-6735.  Facility, school, or child care facility; subject to discipline.A facility shall be subject to discipline under the Health Care Facility Licensure Act or other relevant statutes for violation of the Medication Aide Act or the rules and regulations. A school shall be subject to discipline under Chapter 79 for violation of the Medication Aide Act or the applicable rules and regulations. A child care facility shall be subject to discipline under the Child Care Licensing Act for violation of the Medication Aide Act or the rules and regulations.Source  Laws 1998, LB 1354,  25;  Laws 2000, LB 819,  140;  Laws 2004, LB 1005,  133.  Cross References   Child Care Licensing Act, see section 71-1908.  Health Care Facility Licensure Act, see section 71-401. 
71-6736.  Alleged incompetence; reports required; confidential; immunity.(1) Any facility or person using the services of a medication aide shall report to the department, in the manner specified by the department by rule and regulation, any facts known to him, her, or it, including, but not limited to, the identity of the medication aide and the recipient, when it takes action adversely affecting a medication aide due to alleged incompetence. The report shall be made within thirty days after the date of the action or event.(2) Any person may report to the department any facts known to him or her concerning any alleged incompetence of a medication aide.(3) A report made to the department under this section shall be confidential. The facility, organization, association, or person making such report shall be immune from criminal or civil liability of any nature, whether direct or derivative, for filing a report or for disclosure of documents, records, or other information to the department under this section. The reports and information shall be subject to the investigatory and enforcement provisions of the regulatory provisions listed in the Medication Aide Act. This subsection does not require production of records protected by the Health Care Quality Improvement Act or section 25-12,123 or patient safety work product under the Patient Safety Improvement Act except as otherwise provided in either of such acts or such section.Source  Laws 1998, LB 1354,  26;  Laws 2005, LB 361,  34;  Laws 2011, LB431,  14. Cross References   Health Care Quality Improvement Act, see section 71-7904.  Patient Safety Improvement Act, see section 71-8701. 
71-6737.  Complaints, investigational records, reports, and investigational files; disclosure; restrictions.Complaints, investigational records, reports, and investigational files of any kind of the department shall not be public record, shall not be subject to subpoena or discovery, and shall be inadmissible in evidence in any legal proceeding of any kind or character except an informal conference or formal hearing before the department. Such complaints, investigational records, reports, and investigational files shall be a public record if made part of the record of a formal hearing before the department. No person, including, but not limited to, department employees, having access to complaints, investigational records, reports, or investigational files, shall disclose such records or information except as required for investigation of the alleged violation or for purposes of a hearing before the department. Such information, files, and records may be disclosed to other law enforcement agencies by the department, and such disclosure shall not make the information, files, or records public records.Source Laws 1998, LB 1354,  27. 
71-6738.  Convictions; reports required.On and after July 1, 1999, the clerk of any county court or district court in this state shall report to the department the conviction in such court of any medication aide of any felony or any misdemeanor. The Attorney General or the city prosecutor or county attorney prosecuting any such criminal action shall provide the court with information concerning the registration of the defendant. Notice to the department shall be filed within thirty days after the conviction in a manner agreed to by the department and the State Court Administrator.Source Laws 1998, LB 1354,  28. 
71-6739.  Prohibited act; exceptions.On and after July 1, 1999, no person, facility, or school shall use or employ any individual to provide medications to a recipient unless the individual is a medication aide registered under the Medication Aide Act or is otherwise authorized to administer or provide medication, except that a child care facility may use or employ an individual licensed to operate a child care facility or a staff member of a child care facility or a school may use or employ a staff member of a school determined to be competent under the act. On and after July 1, 1999, no individual shall provide medication to a recipient unless the individual is a medication aide registered under the act or is otherwise authorized to administer or provide medication. Nothing in the act shall be construed to require any school to employ or use a school nurse or medication aide in order to be in compliance with the act.Source Laws 1998, LB 1354,  29. 
71-6740.  Injunction.The department may maintain an action for an injunction in the name of the state for violation of the Medication Aide Act or the rules and regulations.Source Laws 1998, LB 1354,  30. 
71-6741.  Violation; penalty.Any person who intentionally violates the Medication Aide Act is guilty of a Class III misdemeanor.Source Laws 1998, LB 1354,  31. 
71-6742.  Eligibility for Licensee Assistance Program.Medication aides are eligible to participate in the Licensee Assistance Program as prescribed by section 38-175.Source  Laws 1998, LB 1354,  32;  Laws 2007, LB463,  1291. 
71-6743.  Rules and regulations.The Department of Health and Human Services may adopt and promulgate rules and regulations which shall ensure proper storage, handling, and disposal of medication in facilities and schools as defined in section 71-6721.Source  Laws 1998, LB 1354,  37;  Laws 2007, LB296,  667. 
71-6832.  Human genetic testing; requirements.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.Source Laws 2001, LB 432,  4. 
71-6833.  Forensic DNA laboratories; requirements.Except as provided under section 81-2010, all forensic DNA laboratories performing work on behalf of the state or a political subdivision shall be accredited by the American Society of Crime Laboratory Directors-LAB-Laboratory Accreditation Board or the National Forensic Science Technology Center or by any other national accrediting body or public agency which has requirements that are substantially equivalent to or more comprehensive than those of the society or center.Source Laws 2001, LB 432,  5. 
71-6901.  Terms, defined.For purposes of sections 71-6901 to 71-6911:(1) Abortion means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to:(a) Save the life or preserve the health of an unborn child;(b) Remove a dead unborn child caused by a spontaneous abortion; or(c) Remove an ectopic pregnancy;(2) Coercion means restraining or dominating the choice of a pregnant woman by force, threat of force, or deprivation of food and shelter;(3) Consent means a declaration acknowledged before a notary public and signed by a parent or legal guardian of the pregnant woman or an alternate person as described in section 71-6902.01 declaring that the principal has been informed that the pregnant woman intends to undergo a procedure pursuant to subdivision (1) of section 71-6901 and that the principal consents to the procedure;(4) Department means the Department of Health and Human Services;(5) Emancipated means a situation in which a person under eighteen years of age has been married or legally emancipated;(6) Facsimile copy means a copy generated by a system that encodes a document or photograph into electrical signals, transmits those signals over telecommunications lines, and then reconstructs the signals to create an exact duplicate of the original document at the receiving end;(7) Incompetent means any person who has been adjudged a disabled person and has had a guardian appointed under sections 30-2617 to 30-2629;(8) Medical emergency means a condition that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;(9) Physician means any person licensed to practice medicine in this state as provided in the Uniform Credentialing Act. Physician includes a person who practices osteopathy; and(10) Pregnant woman means an unemancipated woman under eighteen years of age who is pregnant or a woman for whom a guardian has been appointed pursuant to sections 30-2617 to 30-2629 because of a finding of incapacity, disability, or incompetency who is pregnant.Source  Laws 1991, LB 425,  1;  Laws 2011, LB690,  3. Cross References  Uniform Credentialing Act, see section 38-101.
71-6902.01.  Victim of abuse, sexual abuse, or child abuse or neglect; attending physician; duties; liability.If the pregnant woman declares in a signed written statement that she is a victim of abuse as defined in section 28-351, sexual abuse as defined in section 28-367, or child abuse or neglect as defined in section 28-710 by either of her parents or her legal guardians, then the attending physician shall obtain the notarized written consent required by section 71-6902 from a grandparent specified by the pregnant woman. The physician who intends to perform the abortion shall certify in the pregnant woman's medical record that he or she has received the written declaration of abuse or neglect. Any physician relying in good faith on a written statement under this section shall not be civilly or criminally liable under sections 71-6901 to 71-6911 for failure to obtain consent. If such a declaration is made, the attending physician or his or her agent shall inform the pregnant woman of his or her duty to notify the proper authorities pursuant to sections 28-372 and 28-711.Source Laws 2011, LB690,  5.
71-6902.02.  Coercion to obtain abortion; prohibited; denial of financial support; effect.No parent, guardian, or any other person shall coerce a pregnant woman to obtain an abortion. If a pregnant woman is denied financial support by her parents, guardians, or custodians due to her refusal to obtain an abortion, the pregnant woman shall be deemed emancipated for purposes of eligibility for public assistance benefits, except that such benefits may not be used to obtain an abortion.Source Laws 2011, LB690,  6.
71-6902.  Performance of abortion; notarized written consent required.Except in the case of a medical emergency or except as provided in sections 71-6902.01, 71-6903, and 71-6906, no person shall perform an abortion upon a pregnant woman unless, in the case of a woman who is less than eighteen years of age, he or she first obtains the notarized written consent of both the pregnant woman and one of her parents or a legal guardian or, in the case of a woman for whom a guardian has been appointed pursuant to sections 30-2617 to 30-2629, he or she first obtains the notarized written consent of her guardian. In deciding whether to grant such consent, a pregnant woman's parent or guardian shall consider only his or her child's or ward's best interest.Source  Laws 1991, LB 425,  2;  Laws 2011, LB690,  4. 
71-6903.  Abortion; authorized by court; when; procedures; confidentiality and anonymity; guardian ad litem; court order; specific factual findings and legal conclusions.(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.(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.Source  Laws 1991, LB 425,  3;  Laws 2011, LB690,  7;  Laws 2018, LB193,  88.  Annotations  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). 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). 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). 
71-6904.  Appeal; procedure; confidentiality.(1) An appeal to the Supreme Court shall be available to any pregnant woman for whom a court denies an order authorizing an abortion without consent. An order authorizing an abortion without consent shall not be subject to appeal.(2) An adverse ruling by the court may be appealed to the Supreme Court.(3) A pregnant woman may file a notice of appeal of any final order to the Supreme Court. The State Court Administrator shall develop the form for notice of appeal and accompanying instructions on the procedure for an appeal. A sufficient number of forms for notice of appeal and instructions shall be made available in each courthouse in such place that members of the general public can obtain a form and instructions without requesting such form and instructions from the clerk of the court or other court personnel.(4) The clerk of the court shall cause the court transcript and bill of exceptions to be filed with the Supreme Court within four business days, but in no event later than seven calendar days, from the date of the filing of the notice of appeal.(5) In all appeals under this section the pregnant woman shall have the right of a confidential and expedited appeal and the right to counsel at the appellate level if not already represented. Such counsel shall be appointed by the court and shall receive a fee to be fixed by the court and to be paid out of the treasury of the county in which the proceeding was held. The pregnant woman shall not be required to appear.(6) The Supreme Court shall hear the appeal de novo on the record and issue a written decision which shall be provided immediately to the pregnant woman, the pregnant woman's guardian ad litem, the pregnant woman's attorney, or any other person designated by the pregnant woman to receive the order.(7) The Supreme Court shall rule within seven calendar days from the time of the docketing of the appeal in the Supreme Court.(8) The Supreme Court shall adopt and promulgate rules to ensure that proceedings under this section are handled in a confidential and expeditious manner.Source  Laws 1991, LB 425,  4;  Laws 2011, LB690,  8. Annotations  A petition for waiver of parental consent-which seeks authorization from the court to have an abortion without the notarized written consent of a parent or guardian of the petitioner-is limited in scope. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013). In an appeal brought under the provisions of section 71-6901 et seq., this section provides that the Nebraska Supreme Court reappraises the evidence as presented by the record and reaches its own independent conclusions with respect to the matters at issue; however, it considers, and may give weight to, the fact that the judge below heard and observed the witnesses. In re Petition of Anonymous I, 251 Neb. 424, 558 N.W.2d 784 (1997). 
71-6905.  Court proceedings; no fees or costs required.No filing fees or costs shall be required of any pregnant woman at either the trial or appellate level for any proceedings pursuant to sections 71-6901 to 71-6911.Source  Laws 1991, LB 425,  5;  Laws 2011, LB690,  9. 
71-6906.  Performance of abortion; consent not required; when.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.Source  Laws 1991, LB 425,  6;  Laws 2005, LB 116,  23;  Laws 2011, LB690,  10. 
71-6907.  Violation by physician; penalty; civil action; immunity; prohibited acts; violation; penalty.(1) Any physician or attending physician who knowingly and intentionally or with reckless disregard performs an abortion in violation of sections 71-6901 to 71-6906 and 71-6909 to 71-6911 shall be guilty of a Class III misdemeanor.(2) Performance of an abortion in violation of such sections shall be grounds for a civil action by a person wrongfully denied the right and opportunity to consent.(3) A person shall be immune from liability under such sections (a) if he or she establishes by written evidence that he or she relied upon evidence sufficient to convince a careful and prudent person that the representations of the pregnant woman regarding information necessary to comply with such sections are bona fide and true or (b) if the person has performed an abortion authorized by a court order issued pursuant to section 71-6903 or 71-6904.(4) Any person not authorized to provide consent under sections 71-6901 to 71-6911 who provides consent is guilty of a Class III misdemeanor.(5) Any person who coerces a pregnant woman to have an abortion is guilty of a Class III misdemeanor.Source  Laws 1991, LB 425,  7;  Laws 2011, LB690,  11. 
71-6908.  Family or foster family abuse, neglect, or sexual assault; legislative findings and declarations; prosecution encouraged.The Legislature recognizes and hereby declares that some teenage pregnancies are a direct or indirect result of family or foster family abuse, neglect, or sexual assault. The Legislature further recognizes that the actions of abuse, neglect, or sexual assault are crimes regardless of whether they are committed by strangers, acquaintances, or family members. The Legislature further recognizes the need for a parental consent bypass system as set out in section 71-6903 due to the number of unhealthy family environments in which some pregnant women reside. The Legislature encourages county attorneys to prosecute persons accused of committing acts of abuse, incest, neglect, or sexual assault pursuant to sections 28-319, 28-319.01, 28-320, 28-320.01, 28-703, and 28-707 even if the alleged crime is committed by a biological or adoptive parent, foster parent, or other biological, adoptive, or foster family member.Source  Laws 1991, LB 425,  8;  Laws 2006, LB 1199,  56;  Laws 2011, LB690,  13. 
71-6909.  Physician; report; contents; form; compilation by department.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.Source Laws 2011, LB690,  12.
71-6910.  Sections; how construed; intent.(1) Nothing in sections 71-6901 to 71-6911 shall be construed as creating or recognizing a right to abortion.(2) It is not the intent of sections 71-6901 to 71-6911 to make lawful an abortion that is currently unlawful.Source Laws 2011, LB690,  14.
71-6911.  Declaration; confidentiality.A declaration under sections 71-6901 to 71-6911 shall be confidential except as would be required in any court proceedings under such sections.Source Laws 2011, LB690,  15.
71-7001.01.  Legislative findings.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.Source Laws 1995, LB 68,  4. 
71-7001.  Mammography; health care facilities; notice; powers and duties.(1) All health care facilities that perform mammography shall include in the summary of the mammography report to be provided to a patient information that identifies the patient's individual breast tissue classification based on the Breast Imaging Reporting and Data System established by the American College of Radiology. If a facility determines that a patient has heterogeneously dense or extremely dense breast tissue, the summary of the mammography report shall also include a notice substantially similar to the following:Your mammogram indicates that you have dense breast tissue. Dense breast tissue is a normal finding that is present in about forty percent of women. Dense breast tissue can make it more difficult to detect cancer on a mammogram and may be associated with a slightly increased risk for breast cancer. This information is provided to raise your awareness of the impact of breast density on cancer detection and to encourage you to discuss this issue, as well as other breast cancer risk factors, with your health care provider as you decide together which screening options may be right for you.(2) A facility that performs mammography may update the language in the notice to reflect advances in science and technology, as long as it continues to notify patients about the frequency of dense breast tissue and its effect on the accuracy of mammograms and encourage patients to discuss the issue with their health care provider.(3) This section does not create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this section.Source Laws 2017, LB195,  1. 
71-7003.01.  Department; funding; powers.The department may apply for, receive, and administer funds received from private sources to pay for definitive diagnostic procedures for women enrolled in the breast and cervical cancer program authorized under sections 71-7001.01 to 71-7013 and funded through a grant from the United States Department of Health and Human Services.This section does not create an entitlement for enrollees in the programs. Payments may be made to the extent funds are available in the order requests are received by the department.The funds obtained for definitive diagnostic procedures shall be remitted to the State Treasurer for credit to the Breast and Cervical Cancer Cash Fund. Money credited to the fund for purposes of this section shall be used to reimburse the costs of definitive diagnostic procedures as provided in this section.Source  Laws 1995, LB 68,  6;  Laws 2008, LB797,  23. 
71-701.  Women's Health Initiative of Nebraska; created; duties.The Women's Health Initiative of Nebraska is created within the Department of Health and Human Services. The Women's Health Initiative of Nebraska shall strive to improve the health of women in Nebraska by fostering the development of a comprehensive system of coordinated services, policy development, advocacy, and education. The initiative shall:(1) Serve as a clearinghouse for information regarding women's health issues, including pregnancy, breast and cervical cancers, acquired immunodeficiency syndrome, osteoporosis, menopause, heart disease, smoking, and mental health issues as well as other issues that impact women's health, including substance abuse, domestic violence, teenage pregnancy, sexual assault, adequacy of health insurance, access to primary and preventative health care, and rural and ethnic disparities in health outcomes;(2) Perform strategic planning within the Department of Health and Human Services to develop department-wide plans for implementation of goals and objectives for women's health;(3) Conduct department-wide policy analysis on specific issues related to women's health;(4) Coordinate pilot projects and planning projects funded by the state that are related to women's health;(5) Communicate and disseminate information and perform a liaison function within the department and to providers of health, social, educational, and support services to women;(6) Provide technical assistance to communities, other public entities, and private entities for initiatives in women's health, including, but not limited to, community health assessment and strategic planning and identification of sources of funding and assistance with writing of grants; and(7) Encourage innovative responses by public and private entities that are attempting to address women's health issues.Source  Laws 2000, LB 480,  1;  Laws 2005, LB 301,  30;  Laws 2007, LB296,  448. 
71-7010.  Breast and Cervical Cancer Cash Fund; created; use; investment.The Breast and Cervical Cancer Cash Fund is created. The fund shall consist of any money appropriated to it by the Legislature, any money received by the department for the program, including federal and other public and private funds, and funds credited under section 71-7003.01. Money in the fund may be used to reimburse expenses of members of the Breast and Cervical Cancer Advisory Committee, expenses of the program for early detection of breast and cervical cancer funded through a grant from the United States Department of Health and Human Services, and funds received under section 71-7003.01. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source  Laws 1991, LB 256,  10;  Laws 1994, LB 1066,  71;  Laws 1995, LB 68,  9;  Laws 2008, LB797,  24. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-7012.  Breast and Cervical Cancer Advisory Committee; established; members; appointment; terms; duties; expenses.The Breast and Cervical Cancer Advisory Committee is established. The committee consists of the members of the Mammography Screening Committee serving immediately prior to September 9, 1995, and eight additional members appointed by the chief executive officer of the department or his or her designee who have expertise or a personal interest in cervical cancer. The committee shall consist of not more than twenty-four volunteer members, at least eight of whom are women, appointed by the chief executive officer or his or her designee. Members of the committee shall be persons interested in health care, the promotion of breast cancer screening, and cervical cancer and shall be drawn from both the private sector and the public sector. At least one member shall be a person who has or who has had breast cancer.Of the initial members of the committee, four shall be appointed for terms of one year and four shall be appointed for terms of two years. Thereafter all appointments shall be for terms of two years. All members shall serve until their successors are appointed. No member shall serve more than two successive two-year terms. Vacancies in the membership of the committee for any cause shall be filled by appointment by the chief executive officer or his or her designee for the unexpired term.Duties of the committee shall include, but not be limited to, encouraging payment of public and private funds to the Breast and Cervical Cancer Cash Fund, researching and recommending to the department reimbursement limits, planning and implementing outreach and educational programs to Nebraska women, advising the department on its operation of the early detection of breast and cervical cancer grant from the United States Department of Health and Human Services, and encouraging payment of public and private funds to the fund. Members of the committee shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.Source  Laws 1991, LB 256,  12;  Laws 1995, LB 68,  10;  Laws 1995, LB 406,  84;  Laws 1996, LB 1044,  772;  Laws 2007, LB296,  668;  Laws 2008, LB797,  25;  Laws 2020, LB381,  72.  
71-7013.  Immunity from liability; when.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.Source  Laws 1991, LB 256,  13;  Laws 1995, LB 68,  11;  Laws 2008, LB797,  26. 
71-702.  Women's Health Initiative Advisory Council; created; members; terms; duties; expenses.(1) The Women's Health Initiative Advisory Council is created and shall consist of not more than thirty members, at least three-fourths of whom are women. At least one member shall be appointed from the following disciplines: (a) An obstetrician/gynecologist; (b) a nurse practitioner or physician's assistant from a rural community; (c) a geriatrics physician or nurse; (d) a pediatrician; (e) a community public health representative from each congressional district; (f) a health educator; (g) an insurance industry representative; (h) a mental health professional; (i) a representative from a statewide health volunteer agency; (j) a private health care industry representative; (k) an epidemiologist or a health statistician; (l) a foundation representative; and (m) a woman who is a health care consumer from each of the following age categories: Eighteen to thirty; thirty-one to forty; forty-one to sixty-five; and sixty-six and older. The membership shall also include a representative of the University of Nebraska Medical Center, a representative from Creighton University Medical Center, the chief medical officer if one is appointed under section 81-3115, and the Title V Administrator of the Department of Health and Human Services.(2) The Governor shall appoint advisory council members and shall consider and attempt to balance representation based on political party affiliation, race, and different geographical areas of Nebraska when making appointments. The Governor shall appoint the first chairperson and vice-chairperson of the advisory council. There shall be two ex officio, nonvoting members from the Legislature, one of which shall be the chairperson of the Health and Human Services Committee.(3) The terms of the initial members shall be as follows: One-third shall serve for one-year terms, one-third shall serve for two-year terms, and one-third shall serve for three-year terms including the members designated chairperson and vice-chairperson. Thereafter members shall serve for three-year terms. Members may not serve more than two consecutive three-year terms.(4) The Governor shall make the appointments within three months after July 13, 2000.(5) The advisory council shall meet quarterly the first two years. After this time the advisory council shall meet at least every six months or upon the call of the chairperson or a majority of the voting members. A quorum shall be one-half of the voting members.(6) The members of the advisory council shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177 and pursuant to policies of the advisory council. Funds for reimbursement for expenses shall be from the Women's Health Initiative Fund.(7) The advisory council shall advise the Women's Health Initiative of Nebraska in carrying out its duties under section 71-701 and may solicit private funds to support the initiative.Source  Laws 2000, LB 480,  2;  Laws 2004, LB 818,  1;  Laws 2007, LB296,  449;  Laws 2009, LB84,  1;  Laws 2009, LB154,  16;  Laws 2020, LB381,  60.  
71-703.  Initiative; personnel; administrative support.The Department of Health and Human Services will determine how the department will provide personnel to carry out the Women's Health Initiative of Nebraska. The department shall employ personnel, including an executive director, necessary to carry out the powers and duties of the initiative. The Governor's Policy Research Office, the department, and other state agencies as necessary may provide administrative and technical support under the direct supervision of the Governor. The initiative may secure cooperation and assistance of other appropriate government and private-sector entities for women's health issues, programs, and educational materials.Source  Laws 2000, LB 480,  3;  Laws 2005, LB 301,  31;  Laws 2007, LB296,  450. 
71-704.  Funding intent.The Legislature recognizes the generosity of its citizens and charitable organizations that donate their time and money to provide funds to their fellow citizens. It is the intent of the Legislature to permit the Women's Health Initiative of Nebraska to obtain and expend such funds to carry out the purposes of sections 71-701 to 71-707. Private citizens and charitable organizations may donate and grant funds to the Women's Health Initiative of Nebraska to pay for programs, educational materials, promotions, and other activities undertaken by the initiative.Source Laws 2000, LB 480,  4. 
71-705.  Women's Health Initiative Fund; created; use; investment.The Women's Health Initiative Fund is created. The fund shall consist of money received as gifts or grants or collected as fees or charges from any federal, state, public, or private source. Money in the fund shall be used to reimburse the expenses of the Women's Health Initiative of Nebraska and expenses of members of the Women's Health Initiative Advisory Council. Nothing in sections 71-701 to 71-707 requires the Women's Health Initiative of Nebraska to accept any private donations that are not in keeping with the goals and objectives set forth by the initiative and the Department of Health and Human Services. No funds expended or received by or through the initiative shall pay for abortion referral or abortion services. 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.Source  Laws 2000, LB 480,  5;  Laws 2005, LB 301,  32;  Laws 2007, LB296,  451. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-706.  Department of Health and Human Services; powers.The Department of Health and Human Services shall have all powers necessary to implement the purposes and intent of sections 71-701 to 71-707, including applying for, receiving, and administering federal and other public and private funds credited to the Women's Health Initiative Fund. Any funds obtained for the Women's Health Initiative of Nebraska shall be remitted to the State Treasurer for credit to the Women's Health Initiative Fund.Source  Laws 2000, LB 480,  6;  Laws 2005, LB 301,  33;  Laws 2007, LB296,  452. 
71-707.  Report.The Department of Health and Human Services shall issue an annual report to the Governor and the Legislature on September 1 for the preceding fiscal year's activities of the Women's Health Initiative of Nebraska. The report submitted to the Legislature shall be submitted electronically. The report shall include progress reports on any programs, activities, or educational promotions that were undertaken by the initiative. The report shall also include a status report on women's health in Nebraska and any results achieved by the initiative.Source  Laws 2000, LB 480,  7;  Laws 2005, LB 301,  34;  Laws 2007, LB296,  453;  Laws 2012, LB782,  104. 
71-7101.  Act, how cited.Sections 71-7101 to 71-7113 shall be known and may be cited as the Critical Incident Stress Management Act.Source   Laws 1991, LB 703,  1;  Laws 1993, LB 536,  107;  Laws 1997, LB 184,  1.  
71-7102.  Terms, defined.For purposes of the Critical Incident Stress Management Act:(1) Committee means the Interagency Management Committee;(2) Council means the Critical Incident Stress Management Council;(3) Critical incident means a traumatic or crisis situation;(4) Critical incident stress means a strong emotional, cognitive, or physical reaction which has the potential to interfere with normal functioning, including physical and emotional illness, loss of interest in the job, personality changes, marital discord, and loss of ability to function;(5) Emergency service agency means any law enforcement agency, fire department, emergency medical service, dispatcher, rescue service, hospital as defined in section 71-419, or other entity which provides emergency response services;(6) Emergency service personnel includes law enforcement personnel, firefighters, emergency medical services personnel, and hospital personnel; and(7) Program means the Critical Incident Stress Management Program.Source   Laws 1991, LB 703,  2;  Laws 1997, LB 138,  53;  Laws 1997, LB 184,  2;  Laws 2000, LB 819,  142.  
71-7103.  Legislative findings.The Legislature finds that emergency service personnel are potentially placed in a high-risk situation every time they are called upon to respond to an emergency since the extent of the emergency cannot be anticipated and the eventual outcome cannot be predicted. Since the services of emergency service personnel affect the public health, safety, and welfare, the Legislature declares that a critical incident stress management program designed to reduce critical incident stress experienced by such personnel would be in the public interest and would assist such personnel with the demands which occur in their work.Source   Laws 1991, LB 703,  3;  Laws 1997, LB 184,  3.  
71-7104.  Critical Incident Stress Management Program; created; duties.There is hereby created the Critical Incident Stress Management Program. The focus of the program shall be to minimize the harmful effects of critical incident stress for emergency service personnel, with a high priority on confidentiality and respect for the individuals involved. The program shall:(1) Provide a stress management session to emergency service personnel who appropriately request such assistance in an effort to address critical incident stress;(2) Assist in providing the emotional and educational support necessary to ensure optimal functioning of emergency service personnel;(3) Conduct preincident educational programs to acquaint emergency service personnel with stress management techniques;(4) Promote interagency cooperation;(5) Provide an organized statewide response to the emotional needs of emergency service personnel impacted by critical incidents;(6) Develop guidelines for resilience training for first responders under section 48-101.01;(7) Set reimbursement rates for resilience training under section 48-101.01; and(8) Set an annual limit on the hours or quantity of resilience training for which reimbursement is required under section 48-101.01.Source   Laws 1991, LB 703,  4;  Laws 1997, LB 184,  4;  Laws 2020, LB963,  3.  
71-7105.  Critical Incident Stress Management Council; created; members; duties.There is hereby created the Critical Incident Stress Management Council. The council shall be composed of two representatives of the Department of Health and Human Services, the State Fire Marshal, the Superintendent of Law Enforcement and Public Safety, and the Adjutant General as director of the Nebraska Emergency Management Agency. The council shall specify the organizational and operational goals for the program and shall provide overall policy direction for the program.Source   Laws 1991, LB 703,  5;  Laws 1996, LB 1044,  773;  Laws 1997, LB 184,  5;  Laws 2007, LB296,  669. 
71-7106.  Interagency Management Committee; created; members; duties.There is hereby created the Interagency Management Committee. Each member of the council shall designate a representative of his or her agency to be a member of the committee. The committee shall be responsible for:(1) Planning and budget development;(2) Program development and evaluation;(3) Coordination of program activities and emergency response;(4) Providing a mechanism for quality assurance which may include certification of critical incident stress management team members;(5) Identifying critical incident stress management regions;(6) Developing regulations and standards;(7) Arranging for and supporting training of critical incident stress management teams; and(8) Providing backup to regional critical incident stress management teams.Source   Laws 1991, LB 703,  6;  Laws 1997, LB 184,  6.  
71-7107.  Department of Health and Human Services; duties.The Department of Health and Human Services shall be the lead agency for the program. The department shall:(1) Provide office support to program activities;(2) Provide necessary equipment for the program and participants;(3) Provide staff support to the council;(4) Adopt and promulgate rules and regulations to implement the program;(5) Recruit hospital personnel and emergency medical workers to be trained as critical incident stress management peers;(6) Participate in the training and continuing education of such peers and mental health professionals; and(7) Appoint a director for the program who shall be an employee of the department and shall be the chairperson of the committee.Source   Laws 1991, LB 703,  7;  Laws 1996, LB 1044,  774;  Laws 1997, LB 184,  7;  Laws 2007, LB296,  670. 
71-7108.  Department of Health and Human Services; Nebraska State Patrol; State Fire Marshal; Nebraska Emergency Management Agency; duties.(1) The Department of Health and Human Services shall participate in the council and committee, recruit mental health workers for each critical incident stress management region, and participate in the training and continuing education activities of critical incident stress management peers and mental health professionals.(2) The Nebraska State Patrol shall participate in the council and committee, receive all initial requests for stress management sessions, coordinate transportation requirements for critical incident stress management team members, recruit members of the law enforcement profession in each region to be trained as critical incident stress management peers, participate in the training and continuing education activities of critical incident stress management peers and mental health professionals, and appoint a member of the patrol to each regional management committee.(3) The State Fire Marshal shall participate in the council and committee, cooperate in providing transportation for critical incident stress management teams, recruit firefighters to be trained as critical incident stress management peers in each critical incident stress management region, participate in the training and continuing education activities of critical incident stress management peers and mental health professionals, and appoint an individual who is employed by the State Fire Marshal to be on each regional management committee.(4) The Nebraska Emergency Management Agency shall participate in the council and committee, promote stress management planning as part of emergency management preparedness, promote preincident education programs to acquaint emergency service personnel with stress management techniques, and participate in the training and continuing education activities of critical incident stress management peers and mental health professionals.Source   Laws 1991, LB 703,  8;  Laws 1996, LB 1044,  775;  Laws 1997, LB 184,  8.  
71-7109.  Statewide clinical director; appointment; duties.The council shall appoint a statewide clinical director. The statewide clinical director shall be a member of the committee and, working with the committee, shall supervise and evaluate the professional and peer support team members, including the regional clinical directors. The statewide clinical director may conduct critical incident stress management training and continuing education activities.Source   Laws 1991, LB 703,  9;  Laws 1997, LB 184,  9.  
71-7110.  Critical incident stress management region; regional management committee; membership; regional clinical director; duties.Each critical incident stress management region shall have a regional management committee composed of representatives of the Department of Health and Human Services, the State Fire Marshal, and the Nebraska State Patrol and a regional clinical director. The regional clinical director shall have a graduate degree in a mental health discipline. The regional management committee shall be responsible for the implementation and coordination of the program in the region according to the specifications developed by the council and Interagency Management Committee. The regional management committee shall develop critical incident stress management teams to facilitate the stress management process.Source   Laws 1991, LB 703,  10;  Laws 1996, LB 1044,  776;  Laws 1997, LB 184,  10;  Laws 2007, LB296,  671. 
71-7111.  Statewide critical incident stress management team; members; immunity.No individual who provides gratuitous assistance to emergency service personnel as a member of the statewide critical incident stress management team in accordance with the Critical Incident Stress Management Act and the rules and regulations shall be held liable for any civil damages as a result of any act of commission or omission arising out of and in the course of rendering such assistance in good faith or any act or failure to act to provide or arrange for mental health treatment or care for emergency service personnel.Source   Laws 1991, LB 703,  11;  Laws 1997, LB 184,  11.  
71-7112.  Confidentiality of information.Any information acquired during a stress management session shall be confidential and shall not be disclosed except to the extent necessary to provide assistance pursuant to the stress management session. Information otherwise available from the original source shall not be immune from discovery or use in any civil or criminal action merely because the information was presented during a stress management session if the testimony sought is otherwise permissible and discoverable.Source  Laws 1993, LB 536,  108;  Laws 1997, LB 184,  12.  
71-7113.  State correctional employees; services provided.All services available and provided to emergency service personnel under the Critical Incident Stress Management Act shall also be available and provided to state correctional employees for incidents which occur in the course of their duties or at their worksite.Source Laws 1997, LB 184,  13. 
71-7201.  Act, how cited.Sections 71-7201 to 71-7203 shall be known and may be cited as the Uniform Determination of Death Act.Source  Laws 1992, LB 906,  1. 
71-7202.  Determination of death.Only an individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.Source  Laws 1992, LB 906,  2. Annotations  The Uniform Determination of Death Act does not establish a rule of evidence requiring that in all cases involving an alleged decedent, the fact of death must be medically established. State v. Edwards, 278 Neb. 55, 767 N.W.2d 784 (2009). The presence of an independent heartbeat and the existence of some brain stem activity means that an infant is alive for purposes of this section. In re Interest of Tabatha R., 252 Neb. 687, 564 N.W.2d 598 (1997). 
71-7203.  Act, how construed.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.Source  Laws 1992, LB 906,  3. 
71-7401.  Transferred to section 71-7427.
71-7402.  Transferred to section 71-7428.
71-7403.  Transferred to section 71-7429.
71-7404.  Transferred to section 71-7430.
71-7405.  Transferred to section 71-7431.
71-7406.  Transferred to section 71-7433.
71-7407.  Transferred to section 71-7434.
71-7408.  Transferred to section 71-7435.
71-7409.  Transferred to section 71-7436.
71-7410.  Transferred to section 71-7438.
71-7411.  Transferred to section 71-7441.
71-7412.  Transferred to section 71-7444.
71-7413.  Transferred to section 71-7445.
71-7416.  Transferred to section 71-7454.
71-7417.  Transferred to section 71-7447.
71-7420.  Transferred to section 71-7451.
71-7422.  Transferred to section 71-7463.
71-7423.  Transferred to section 71-7457.
71-7424.  Transferred to section 71-7453.
71-7425.  Transferred to section 71-7458.
71-7426.  Transferred to section 71-7459.
71-7427.  Act, how cited.Sections 71-7427 to 71-7463 shall be known and may be cited as the Wholesale Drug Distributor Licensing Act.Source   Laws 1992, LB 1019,  1;   R.S.1943, (2003),  71-7401;  Laws 2006, LB 994,  1;  Laws 2007, LB463,  1293. 
71-7428.  Definitions, where found.For purposes of the Wholesale Drug Distributor Licensing Act, the definitions found in sections 71-7429 to 71-7446 apply.Source   Laws 1992, LB 1019,  2;   R.S.1943, (2003),  71-7402;  Laws 2006, LB 994,  2.  
71-7429.  Blood, defined.Blood means whole blood collected from a single donor and processed either for transfusion or further manufacturing.Source   Laws 1992, LB 1019,  3;   R.S.1943, (2003),  71-7403;  Laws 2006, LB 994,  3.  
71-7430.  Blood component, defined.Blood component means that part of blood separated by physical or mechanical means.Source   Laws 1992, LB 1019,  4;   R.S.1943, (2003),  71-7404;  Laws 2006, LB 994,  4.  
71-7431.  Board, defined.Board means the Board of Pharmacy.Source   Laws 1992, LB 1019,  5;  Laws 1999, LB 828,  176;   R.S.1943, (2003),  71-7405;  Laws 2006, LB 994,  5.  
71-7432.  Chain pharmacy warehouse, defined.Chain pharmacy warehouse means a facility utilized as a central warehouse for intracompany sales or transfers of prescription drugs or devices by two or more pharmacies operating under common ownership or common control.Source Laws 2006, LB 994,  6.
71-7433.  Common control, defined.Common control means that the power to direct or cause the direction of the management and policies of a person or an organization by ownership of stock or voting rights, by contract, or otherwise is held by the same person or persons.Source   Laws 1992, LB 1019,  6;   R.S.1943, (2003),  71-7406;  Laws 2006, LB 994,  7.  
71-7434.  Department, defined.Department means the Department of Health and Human Services.Source   Laws 1992, LB 1019,  7;  Laws 1996, LB 1044,  778;   R.S.1943, (2003),  71-7407;  Laws 2006, LB 994,  8;  Laws 2007, LB296,  672. 
71-7435.  Drug sample, defined.Drug sample means a unit of a prescription drug intended to promote the sale of the drug and not intended to be sold.Source   Laws 1992, LB 1019,  8;   R.S.1943, (2003),  71-7408;  Laws 2006, LB 994,  9.  
71-7436.  Emergency medical reasons, defined.(1) Emergency medical reasons means the alleviation of a temporary shortage by transfers of prescription drugs between any of the following: (a) Holders of pharmacy licenses, (b) health care practitioner facilities as defined in section 71-414, (c) hospitals as defined in section 71-419, and (d) emergency medical services as defined in section 38-1207.(2) Emergency medical reasons does not include regular and systematic sales (a) of prescription drugs to emergency medical services as defined in section 38-1207 or (b) to practitioners as defined in section 38-2838 of prescription drugs that will be used for routine office procedures.Source   Laws 1992, LB 1019,  9;  Laws 1998, LB 1073,  157;  Laws 2001, LB 398,  82;   R.S.1943, (2003),  71-7409;  Laws 2006, LB 994,  10;  Laws 2007, LB463,  1294;  Laws 2015, LB37,  89;  Laws 2020, LB1002,  47.  
71-7437.  Facility, defined.Facility means a physical structure utilized by a wholesale drug distributor for the storage, handling, or repackaging of prescription drugs or the offering of prescription drugs for sale.Source Laws 2006, LB 994,  11.
71-7438.  Manufacturer, defined.Manufacturer means any entity engaged in manufacturing, preparing, propagating, processing, packaging, repackaging, or labeling a prescription drug.Source   Laws 1992, LB 1019,  10;   R.S.1943, (2003),  71-7410;  Laws 2006, LB 994,  12;  Laws 2007, LB247,  55. 
71-7439.  Normal distribution chain, defined.(1) Normal distribution chain means the transfer of a prescription drug or the co-licensed product of the original manufacturer of the finished form of a prescription drug along a chain of custody directly from the manufacturer or co-licensee of such drug to a patient or ultimate consumer of such drug.(2) Normal distribution chain includes transfers of a prescription drug or co-licensed product:(a) From a manufacturer or co-licensee to a wholesale drug distributor, to a pharmacy, and then to a patient or a patient's agent;(b) From a manufacturer or co-licensee to a wholesale drug distributor, to a pharmacy, to a health care practitioner, health care practitioner facility, or hospital, and then to a patient or a patient's agent;(c) From a manufacturer or co-licensee to a wholesale drug distributor, to a chain pharmacy warehouse, to a pharmacy affiliated with the chain pharmacy warehouse, and then to a patient or a patient's agent;(d) From a manufacturer or co-licensee to a chain pharmacy warehouse, to a pharmacy affiliated with the chain pharmacy warehouse, and then to a patient or a patient's agent; or(e) Recognized in rules and regulations adopted and promulgated by the department.(3) For purposes of this section, co-licensed products means prescription drugs that have been approved by the federal Food and Drug Administration and are the subject of an arrangement by which two or more parties have the right to engage in a business activity or occupation concerning such drugs.Source Laws 2006, LB 994,  13.
71-7440.  Pedigree, defined.Pedigree means a written or electronic documentation of every transfer of a prescription drug as provided in sections 71-7455 and 71-7456.Source Laws 2006, LB 994,  14.
71-7441.  Prescription drug, defined.Prescription drug means any human drug required by federal law or regulation to be dispensed only by prescription, including finished dosage forms and active ingredients subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act, as such section existed on August 1, 2006.Source   Laws 1992, LB 1019,  11;   R.S.1943, (2003),  71-7411;  Laws 2006, LB 994,  15.  
71-7442.  Repackage, defined.Repackage means repackaging or otherwise changing the container, wrapper, or labeling of a prescription drug to facilitate the wholesale distribution of such drug.Source Laws 2006, LB 994,  16.
71-7443.  Repackager, defined.Repackager means a person who repackages.Source Laws 2006, LB 994,  17.
71-7444.  Wholesale drug distribution, defined.(1) Wholesale drug distribution means the distribution of prescription drugs to a person other than a consumer or patient.(2) Wholesale drug distribution does not include:(a) Intracompany sales of prescription drugs, including any transaction or transfer between any division, subsidiary, or parent company and an affiliated or related company under common ownership or common control;(b) The sale, purchase, or trade of or an offer to sell, purchase, or trade a prescription drug by a charitable organization described in section 501(c)(3) of the Internal Revenue Code, a state, a political subdivision, or any other governmental agency to a nonprofit affiliate of the organization, to the extent otherwise permitted by law;(c) The sale, purchase, or trade of or an offer to sell, purchase, or trade a prescription drug among hospitals or other health care entities operating under common ownership or common control;(d) The sale, purchase, or trade of or an offer to sell, purchase, or trade a prescription drug for emergency medical reasons or for a practitioner to use for routine office procedures, not to exceed five percent of sales as provided in section 71-7454;(e) The sale, purchase, or trade of, an offer to sell, purchase, or trade, or the dispensing of a prescription drug pursuant to a prescription;(f) The distribution of drug samples by representatives of a manufacturer or of a wholesale drug distributor;(g) The sale, purchase, or trade of blood and blood components intended for transfusion;(h) The delivery of or the offer to deliver a prescription drug by a common carrier solely in the usual course of business of transporting such drugs as a common carrier if the common carrier does not store, warehouse, or take legal ownership of such drugs; or(i) The restocking of prescription drugs by a hospital for an emergency medical service as defined in section 38-1207 if the emergency medical service transports a patient to the hospital and such drugs were used for the patient prior to or during transportation of such patient to such hospital.(3) Except as provided in subdivision (2)(c) of this section, wholesale drug distribution includes (a) the restocking of prescription drugs by a hospital for an emergency medical service as defined in section 38-1207 if such prescription drugs were not used for a patient prior to or during transportation to such hospital or (b) the general stocking of prescription drugs for an emergency medical service as defined in section 38-1207.Source   Laws 1992, LB 1019,  12;  Laws 1995, LB 574,  60;   R.S.1943, (2003),  71-7412;  Laws 2006, LB 994,  18;  Laws 2015, LB37,  90;  Laws 2020, LB1002,  48.  
71-7445.  Wholesale drug distributor, defined.(1) Wholesale drug distributor means any person or entity engaged in wholesale drug distribution in this state, including manufacturers, repackagers, own-label distributors, jobbers, private-label distributors, brokers, warehouses including manufacturer and distributor warehouses, chain pharmacy warehouses, and wholesale drug warehouses, wholesale medical gas distributors, independent wholesale drug traders, and retail pharmacies that engage in wholesale drug distribution in this state.(2) Wholesale drug distributor does not include a common carrier or other person or entity hired solely to transport prescription drugs if the common carrier, person, or entity does not store, warehouse, or take legal ownership of such drugs.Source   Laws 1992, LB 1019,  13;   R.S.1943, (2003),  71-7413;  Laws 2006, LB 994,  19.  
71-7446.  Wholesale medical gas distributor, defined.Wholesale medical gas distributor means any person engaged in the wholesale drug distribution of medical gases provided to suppliers or other entities licensed or otherwise authorized to use, administer, or distribute such gases.Source Laws 2006, LB 994,  20.
71-7447.  Wholesale drug distributor; licenses; requirements; exemptions.(1) No person or entity may act as a wholesale drug distributor in this state without first obtaining a wholesale drug distributor license from the department. The department shall issue a license to any applicant that satisfies the requirements for licensure under the Wholesale Drug Distributor Licensing Act. Manufacturers are exempt from any licensing and other requirements of the act to the extent not required by federal law or regulation except for those requirements deemed necessary and appropriate under rules and regulations adopted and promulgated by the department.(2) Wholesale medical gas distributors shall be exempt from any licensing and other requirements of the Wholesale Drug Distributor Licensing Act to the extent not required under federal law but shall be licensed as wholesale drug distributors by the department for the limited purpose of engaging in the wholesale distribution of medical gases upon application to the department, payment of a licensure fee, and inspection of the applicant's facility by the department, except that the applicant may submit and the department may accept an inspection accepted in another state or an inspection conducted by a nationally recognized accreditation program approved by the board. For purposes of such licensure, wholesale medical gas distributors shall only be required to provide information required under subdivisions (1)(a) through (1)(c) of section 71-7448.(3) The Wholesale Drug Distributor Licensing Act does not apply to:(a) An agent or employee of a licensed wholesale drug distributor who possesses drug samples when such agent or employee is acting in the usual course of his or her business or employment; or(b) Any person who (i) engages in a wholesale transaction relating to the manufacture, distribution, sale, transfer, or delivery of medical gases the gross dollar value of which does not exceed five percent of the total retail sales of medical gases by such person during the immediately preceding calendar year and (ii) has either a pharmacy permit or license or a delegated dispensing permit or is exempt from the practice of pharmacy under subdivision (10) of section 38-2850.Source   Laws 1992, LB 1019,  17;  Laws 1997, LB 752,  198;  Laws 2001, LB 398,  84;  Laws 2003, LB 242,  148;   R.S.1943, (2003),  71-7417;  Laws 2006, LB 994,  21;  Laws 2010, LB849,  27;  Laws 2015, LB37,  91.  
71-7448.  License; application; contents; examination; criminal history record information check; waiver.(1) Every applicant for an initial or renewal license as a wholesale drug distributor shall file a written application with the department. The application shall be accompanied by the fee established by the department under section 71-7450 and proof of bond or other security required under section 71-7452 and shall include the following information:(a) The applicant's name, business address, type of business entity, and telephone number. If the applicant is a partnership, the application shall include the name of each partner and the name of the partnership. If the applicant is a corporation, the application shall include the name and title of each corporate officer and director, all corporate names of the applicant, and the applicant's state of incorporation. If the applicant is a sole proprietorship, the application shall include the name of the sole proprietor and name of the proprietorship;(b) All trade or business names used by the applicant;(c) The addresses and telephone numbers of all facilities used by the applicant for the storage, handling, and wholesale distribution of prescription drugs and the names of persons in charge of such facilities. A separate license shall be obtained for each such facility;(d) A listing of all licenses, permits, or other similar documentation issued to the applicant in any other state authorizing the applicant to purchase or possess prescription drugs;(e) The names and addresses of the owner and manager of the applicant's wholesale drug distribution facilities, a designated representative at each such facility, and all managerial employees at each such facility; and(f) Other information as required by the department, including affirmative evidence of the applicant's ability to comply with the Wholesale Drug Distributor Licensing Act and rules and regulations adopted and promulgated under the act.(2) The department may require persons listed on the application to pass an examination approved by the department on laws pertaining to the wholesale distribution of prescription drugs.(3) The application shall include the applicant's social security number if the applicant is an individual. The social security number shall not be a public record and may only be used by the department for administrative purposes.(4) The application shall be signed by (a) the owner, if the applicant is an individual or partnership, (b) the member, if the applicant is a limited liability company with only one member, or two of its members, if the applicant is a limited liability company with two or more members, or (c) two of its officers, if the applicant is a corporation.(5) The designated representative and the supervisor of the designated representative of a wholesale drug distributor and each owner with greater than a ten percent interest in the wholesale drug distributor, if the wholesale drug distributor is a nonpublicly held company, shall be subject to a criminal history record information check and shall provide the department or the designated agent of the department with a complete set of fingerprints for such purpose if his or her fingerprints are not already on file for such purpose. The department or the designated agent of the department shall forward such fingerprints to the Nebraska State Patrol to be submitted to the Federal Bureau of Investigation for a national criminal history record information check. Such persons shall authorize the release of the results of such criminal history record information check to the department, and the applicant shall pay the actual cost of such fingerprinting and such criminal history record information check.(6) The department may waive certain requirements under this section upon proof satisfactory to the department that such requirements are duplicative of other requirements of law or regulation and that the granting of such exemption will not endanger the public safety.Source Laws 2006, LB 994,  22.
71-7449.  Designated representative; information required.Each designated representative named under subdivision (1)(e) of section 71-7448 shall provide the following information prior to the issuance of an initial or renewal license under such section:(1) The designated representative's places of residence for the immediately preceding seven years;(2) The designated representative's date and place of birth;(3) All occupations, positions of employment, and offices held by the designated representative during the immediately preceding seven years and the principal businesses and the addresses of any business, corporation, or other organization in which such occupations, positions, or offices were held;(4) Whether the designated representative has been, at any time during the immediately preceding seven years, the subject of any proceeding for the revocation of any license and, if so, the nature of the proceeding and its disposition;(5) Whether the designated representative has been, at any time during the immediately preceding seven years, either temporarily or permanently enjoined by a court of competent jurisdiction from violations of any federal or state law regulating the possession, control, or distribution of prescription drugs, and, if so, the details of such order;(6) A description of any involvement by the designated representative during the immediately preceding seven years, other than the ownership of stock in a publicly traded company or mutual fund, with any business which manufactured, administered, distributed, or stored prescription drugs and any lawsuits in which such businesses were named as a party;(7) Whether the designated representative has ever been convicted of any felony and details relating to such conviction; and(8) A photograph of the designated representative taken within the immediately preceding thirty days.Source Laws 2006, LB 994,  23.
71-7450.  Fees.(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.Source  Laws 2006, LB 994,  24;  Laws 2007, LB296,  673;  Laws 2017, LB331,  37.  
71-7451.  License; term; renewal.A wholesale drug distributor license shall expire on July 1 of each year and may be renewed. The license shall not be transferable. The department shall mail an application for renewal to each licensee not later than June 1 of each year. If an application for renewal is received from the licensee after July 1, the department may impose a late fee and shall refuse to issue the license until such late fee and renewal fee are paid. Failure to receive an application for renewal shall not relieve the licensee from the late fee imposed by this section.Source   Laws 1992, LB 1019,  20;  Laws 2001, LB 398,  85;  Laws 2003, LB 242,  150;   R.S.1943, (2003),  71-7420;  Laws 2006, LB 994,  25.  
71-7452.  Bond or other security.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.Source Laws 2006, LB 994,  26.
71-7453.  Department; inspections; procedures; fees.(1) Each wholesale drug distributor doing business in this state shall be inspected by the department or a nationally recognized accreditation program that is approved by the board and that is acting on behalf of the department prior to the issuance of an initial or renewal license by the department under section 71-7448.(2) The department or such nationally recognized accreditation program may provide for the inspection of any wholesale drug distributor licensed to engage in wholesale drug distribution in this state in such manner and at such times as provided in rules and regulations adopted and promulgated by the department. As part of any such inspection, the department may require an analysis of suspected prescription drugs to determine authenticity.(3) The department may accept an inspection accepted in another state in lieu of an inspection by the department or a nationally recognized accreditation program under this section.(4) The department or such nationally recognized accreditation program may charge and collect fees for inspection activities conducted under this section.(5) In addition to or in lieu of the authority to inspect for purposes of licensure and renewal, the department may adopt and promulgate rules and regulations which permit the use of alternative methods for assessing the compliance by a wholesale drug distributor with the Wholesale Drug Distributor Licensing Act and the rules and regulations adopted and promulgated under the act.Source   Laws 1992, LB 1019,  24;   R.S.1943, (2003),  71-7424;  Laws 2006, LB 994,  27.  
71-7454.  Prescription drugs; restrictions on transfer; exceptions.(1) No wholesale drug distributor, manufacturer, or pharmacy shall knowingly purchase or receive any prescription drug from any source other than a person or entity licensed under the Wholesale Drug Distributor Licensing Act except transfers for emergency medical reasons and except as provided in subsection (3) of section 71-2449, the gross dollar value of which shall not exceed five percent of the total prescription drug sales revenue of the transferor or transferee holder of a pharmacy license or practitioner as defined in section 38-2838 during the immediately preceding calendar year, and except as otherwise provided in the act.(2) A wholesale drug distributor may receive returns or exchanges of prescription drugs from a pharmacy, chain pharmacy warehouse, health care practitioner facility as defined in section 71-414, or hospital as defined in section 71-419 pursuant to the terms and conditions agreed upon between such wholesale drug distributor and such pharmacy, chain pharmacy warehouse, health care practitioner facility, or hospital. Such returns and exchanges shall not be subject to sections 71-7455 to 71-7457. A wholesale drug distributor shall not receive from a pharmacy, chain pharmacy warehouse, health care practitioner facility, or hospital an amount or quantity of a prescription drug greater than the amount or quantity that was originally sold by the wholesale drug distributor to such pharmacy, chain pharmacy warehouse, health care practitioner facility, or hospital.(3) A manufacturer or wholesale drug distributor shall furnish prescription drugs only to persons licensed by the department and shall verify such licensure before furnishing prescription drugs to a person not known to the manufacturer or wholesale drug distributor.(4) Prescription drugs furnished by a manufacturer or wholesale drug distributor shall be delivered only to the premises listed on the license, except that a manufacturer or wholesale drug distributor may furnish prescription drugs to a person licensed by the department or his or her agent at the premises of the manufacturer or wholesale drug distributor if:(a) The identity and authorization of the recipient is properly established; and(b) This method of receipt is employed only to meet the prescription drug needs of a particular patient of the person licensed by the department.(5) Prescription drugs may be furnished to a hospital pharmacy receiving area. Receipt of such drugs shall be acknowledged by written receipt signed by a pharmacist or other authorized personnel. The receipt shall contain the time of delivery and the type and quantity of the prescription drug received. Any discrepancy between the signed receipt and the type and quantity of prescription drug actually received shall be reported by the receiving authorized pharmacy personnel to the delivering manufacturer or wholesale drug distributor by the next business day after the delivery to the pharmacy receiving area.(6) A manufacturer or wholesale drug distributor shall only accept payment or allow the use of credit to establish an account for the purchase of prescription drugs from the owner or owners of record, the chief executive officer, or the chief financial officer listed on the license of a person or entity legally authorized to receive prescription drugs. Any account established for the purchase of prescription drugs shall bear the name of such licensee.Source   Laws 1992, LB 1019,  16;  Laws 1998, LB 1073,  158;  Laws 2001, LB 398,  83;   R.S.1943, (2003),  71-7416;  Laws 2006, LB 994,  28;  Laws 2007, LB463,  1295;  Laws 2008, LB308,  13. 
71-7455.  Records; pedigree; requirements.(1) A wholesale drug distributor engaged in the wholesale distribution of prescription drugs in this state shall establish and maintain accurate records of all transactions regarding the receipt and distribution or other disposition of prescription drugs as provided in this section.(2) The department shall adopt and promulgate rules and regulations to require that all prescription drugs that leave the normal distribution chain be accompanied by a paper or electronic pedigree as provided in section 71-7456. Such rules and regulations shall be adopted and promulgated no later than July 1, 2007.(3) The department shall develop standards and requirements for electronic pedigrees in order to effectively authenticate, track, and trace prescription drugs. Prior to the development of such standards and requirements, the department shall consult with the federal Food and Drug Administration, manufacturers, wholesale drug distributors, pharmacies, and other interested parties regarding the feasibility and the ways, means, and practicality of requiring that all prescription drugs that leave the normal distribution chain be accompanied by an electronic pedigree. The standards and requirements may prescribe the information required to be included as part of the electronic pedigree. Such standards and requirements shall be developed no later than July 1, 2008. All prescription drugs that leave the normal distribution chain shall not be required to be accompanied solely by an electronic pedigree prior to such date.(4) A retail pharmacy or chain pharmacy warehouse shall comply with the requirements of this section only if the pharmacy or chain pharmacy warehouse engages in the wholesale distribution of prescription drugs in this state.(5) A wholesale drug distributor, other than the original manufacturer of the finished form of the prescription drug, shall verify all transactions listed on the pedigree before attempting to further distribute such drug.Source Laws 2006, LB 994,  29.
71-7456.  Pedigree; contents.(1) The pedigree required under section 71-7455 shall include all necessary identifying information concerning each sale or other transfer in the chain of distribution of the prescription drug from the manufacturer, through acquisition and sale by any wholesale drug distributor or repackager, until final sale to a pharmacy or other person dispensing or administering such drug, including, but not limited to:(a) Name of the prescription drug;(b) Dosage form and strength of the prescription drug;(c) Size of the container;(d) Number of containers;(e) Lot number of the prescription drug;(f) Name of the original manufacturer of the finished dosage form of the prescription drug;(g) Name, address, telephone number, and if available, the email address of each owner of the prescription drug and each wholesale drug distributor who does not take title to the prescription drug;(h) Name and address of each location from which the prescription drug was shipped if different from the owner's;(i) Transaction dates;(j) Certification that each recipient has authenticated the pedigree;(k) Name of any repackager, if applicable; and(l) Name and address of person certifying the delivery.(2) Each paper or electronic pedigree shall be maintained by the purchaser and the wholesale drug distributor for three years from the date of sale or transfer and available for inspection or use upon request of law enforcement or an authorized agent of the department.Source Laws 2006, LB 994,  30.
71-7457.  License; denied, refused renewal, suspended, limited, or revoked; grounds.(1) A wholesale drug distributor license may be denied, refused renewal, suspended, limited, or revoked by the department when the department finds that the applicant or licensee has violated any provisions of the Wholesale Drug Distributor Licensing Act or of the rules and regulations adopted and promulgated under the act or has committed any acts or offenses set forth in section 38-178, 38-179, or 71-7459. All actions and proceedings shall be carried out as specified in sections 38-177 to 38-1,115.(2) For purposes of this section, applicant or licensee includes, but is not limited to, the board of directors, chief executive officer, and other officers of the applicant or the entity to which the license is issued and the manager of each site if more than one site is located in this state.Source   Laws 1992, LB 1019,  23;  Laws 1994, LB 1223,  79;  Laws 1996, LB 1044,  779;   R.S.1943, (2003),  71-7423;  Laws 2006, LB 994,  31;  Laws 2007, LB296,  674;  Laws 2007, LB463,  1296. 
71-7458.  Enforcement of act.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.Source   Laws 1992, LB 1019,  25;   R.S.1943, (2003),  71-7425;  Laws 2006, LB 994,  32.  
71-7459.  Department; fines; when.(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.Source   Laws 1992, LB 1019,  26;   R.S.1943, (2003),  71-7426;  Laws 2006, LB 994,  33.  
71-7460.01.  Reporting and investigation duties.Every wholesale drug distributor licensed under the Wholesale Drug Distributor Licensing Act shall be subject to and comply with sections 38-1,124 to 38-1,126 relating to reporting and investigations.Source Laws 2007, LB463,  1297. 
71-7460.02.  Health care facility; peer review organization, or professional association; duty to report; confidentiality; immunity; failure to report; civil penalty.(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.Source  Laws 2007, LB463,  1298;  Laws 2011, LB431,  15. Cross References   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. 
71-7460.03.  Insurer; duty to report; contents.(1) Unless such knowledge or information is based on confidential medical records protected by the confidentiality provisions of the federal Public Health Services Act, 42 U.S.C. 290dd-2, and federal administrative rules and regulations, as such act and rules and regulations existed on January 1, 2007:(a) Any insurer having knowledge of any violation of any provision of the Wholesale Drug Distributor Licensing Act governing the profession of the person being reported whether or not such person is licensed shall report the facts of such violation as known to such insurer to the department; and(b) All insurers shall cooperate with the department and provide such information as requested by the department concerning any possible violations by any person required to be licensed whether or not such person is licensed.(2) Such reporting shall be done on a form and in the manner specified pursuant to sections 38-1,130 and 38-1,131. Such reports shall be subject to sections 38-1,132 to 38-1,136.Source Laws 2007, LB463,  1299. 
71-7460.04.  Clerk of county or district court; duty to report conviction or judgment; Attorney General or city or county prosecutor; provide information.The clerk of any county or district court in this state shall report to the department the conviction of any person licensed by the department under the Wholesale Drug Distributor Licensing Act of any felony or of any misdemeanor involving the use, sale, distribution, administration, or dispensing of a controlled substance, alcohol or chemical impairment, or substance abuse and shall also report a judgment against any such licensee arising out of a claim of professional liability. The Attorney General or city or county prosecutor prosecuting any such criminal action and plaintiff in any such civil action shall provide the court with information concerning the license of the defendant or party. Notice to the department shall be filed within thirty days after the date of conviction or judgment in a manner agreed to by the Director of Public Health of the Division of Public Health and the State Court Administrator.Source Laws 2007, LB463,  1300. 
71-7460.  Order to cease distribution.(1) If the department finds there is a reasonable probability that (a) a wholesale drug distributor has falsified a pedigree or has sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use and (b) such drug could cause serious, adverse health consequences or death, the department shall issue an order to immediately cease distribution of such drug.(2) Persons subjected to any order issued by the department under this section shall be provided with notice and an opportunity for an informal hearing to be held not later than ten days after the date the order was issued. If the department determines, after such hearing, that inadequate grounds exist to support the actions required by the order, the department shall vacate the order.Source Laws 2006, LB 994,  34.
71-7461.  Unlawful acts.It is unlawful for any person to commit or to permit, cause, aid, or abet the commission of any of the following acts in this state:(1) Any violation of the Wholesale Drug Distributor Licensing Act or rules and regulations adopted and promulgated under the act;(2) Providing the department, any of its representatives, or any federal official with false or fraudulent records or making false or fraudulent statements regarding any matter under the act;(3) Obtaining or attempting to obtain a prescription drug by fraud, deceit, or misrepresentation or engaging in misrepresentation or fraud in the distribution of a prescription drug;(4) Except for the wholesale distribution by manufacturers of a prescription drug that has been delivered into commerce pursuant to an application approved under federal law by the federal Food and Drug Administration, the manufacture, repackaging, sale, transfer, delivery, holding, or offering for sale of any prescription drug that is adulterated, misbranded, counterfeit, suspected of being counterfeit, or otherwise rendered unfit for distribution;(5) Except for the wholesale distribution by manufacturers of a prescription drug that has been delivered into commerce pursuant to an application approved under federal law by the federal Food and Drug Administration, the adulteration, misbranding, or counterfeiting of any prescription drug;(6) The receipt of any prescription drug that is adulterated, misbranded, stolen, obtained by fraud or deceit, counterfeit, or suspected of being counterfeit, and the delivery or proffered delivery of such drug for pay or otherwise; and(7) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of a prescription drug or the commission of any other act with respect to a prescription drug that results in the prescription drug being misbranded.Source Laws 2006, LB 994,  35.
71-7462.  Violations; penalty.Any person who knowingly and intentionally engages in wholesale drug distribution in this state in violation of the Wholesale Drug Distributor Licensing Act is guilty of a Class III felony.Source Laws 2006, LB 994,  36.
71-7463.  Rules and regulations.The department, upon the recommendation of the board, shall adopt and promulgate rules and regulations to carry out the Wholesale Drug Distributor Licensing Act.Source   Laws 1992, LB 1019,  22;   R.S.1943, (2003),  71-7422;  Laws 2006, LB 994,  37.  
71-7605.  Act, how cited.Sections 71-7605 to 71-7611 shall be known and may be cited as the Nebraska Health Care Funding Act.Source  Laws 1998, LB 1070,  1;  Laws 1999, LB 324,  1;  Laws 2000, LB 1427,  2;  Laws 2001, LB 692,  13;  Laws 2002, LB 1148,  2;  Laws 2008, LB480,  1. 
71-7606.  Purpose of act; restrictions on use of funds; report.(1) The purpose of the Nebraska Health Care Funding Act is to provide for the use of dedicated revenue for health-care-related expenditures and administration and enforcement of the Master Settlement Agreement as defined in section 69-2702.(2) Any funds appropriated or distributed under the act shall not be considered ongoing entitlements or obligations on the part of the State of Nebraska and shall not be used to replace existing funding for existing programs.(3) No funds appropriated or distributed under the act shall be used for abortion, abortion counseling, referral for abortion, or research or activity of any kind involving the use of human fetal tissue obtained in connection with the performance of an induced abortion or involving the use of human embryonic stem cells or for the purpose of obtaining other funding for such use.(4) The Department of Health and Human Services shall report annually to the Legislature and the Governor regarding the use of funds appropriated under the act and the outcomes achieved from such use. The report submitted to the Legislature shall be submitted electronically.Source  Laws 1998, LB 1070,  2;  Laws 2000, LB 1427,  3;  Laws 2001, LB 692,  14;  Laws 2003, LB 412,  4;  Laws 2007, LB296,  676;  Laws 2008, LB469,  1;  Laws 2011, LB590,  18;  Laws 2012, LB782,  124. 
71-7607.  Nebraska Medicaid Intergovernmental Trust Fund; created; use; investment.(1) The Nebraska Medicaid Intergovernmental Trust Fund is created. The fund shall include revenue received from governmental nursing facilities receiving payments for nursing facility services under the medical assistance program established pursuant to the Medical Assistance Act. The Department of Health and Human Services shall remit such revenue to the State Treasurer for credit to the fund. The department shall adopt and promulgate rules and regulations to establish procedures for participation by governmental nursing facilities and for the receipt of such revenue under this section. Money from the Nebraska Medicaid Intergovernmental Trust Fund shall be transferred to the Nebraska Health Care Cash Fund as provided in section 71-7611.(2) The department may use revenue in the Nebraska Medicaid Intergovernmental Trust Fund to offset any unanticipated reductions in medicaid funds received under this section.(3) Any money in the Nebraska Medicaid Intergovernmental Trust Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source  Laws 1998, LB 1070,  3;  Laws 2000, LB 1427,  5;  Laws 2001, LB 541,  4;  Laws 2001, LB 692,  15;  Laws 2001, Spec. Sess., LB 3,  3;  Laws 2003, LB 412,  5;  Laws 2004, LB 1091,  5;  Laws 2006, LB 1061,  10;  Laws 2006, LB 1248,  79;  Laws 2007, LB296,  677. Cross References   Medical Assistance Act, see section 68-901.  Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-7608.  Nebraska Tobacco Settlement Trust Fund; created; use; investment.The Nebraska Tobacco Settlement Trust Fund is created. The fund shall include any settlement payments or other revenue received by the State of Nebraska in connection with any tobacco-related litigation to which the State of Nebraska is a party. The Department of Health and Human Services shall remit such revenue to the State Treasurer for credit to the fund. Subject to the terms and conditions of such litigation, money from the Nebraska Tobacco Settlement Trust Fund shall be transferred to the Nebraska Health Care Cash Fund as provided in section 71-7611. Any money in the Nebraska Tobacco Settlement Trust Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source  Laws 1998, LB 1070,  4;  Laws 1999, LB 324,  3;  Laws 2000, LB 1427,  6;  Laws 2000, LB 1436,  1;  Laws 2001, LB 692,  16;  Laws 2003, LB 412,  6;  Laws 2004, LB 1091,  6;  Laws 2007, LB296,  678;  Laws 2008, LB606,  7;  Laws 2008, LB928,  32;  Laws 2008, LB961,  4;  Laws 2009, LB316,  18. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-7611.  Nebraska Health Care Cash Fund; created; use; investment; report.(1) The Nebraska Health Care Cash Fund is created. The State Treasurer shall transfer (a) sixty million three hundred thousand dollars on or before July 15, 2014, (b) sixty million three hundred fifty thousand dollars on or before July 15, 2015, (c) sixty million three hundred fifty thousand dollars on or before July 15, 2016, (d) sixty million seven hundred thousand dollars on or before July 15, 2017, (e) five hundred thousand dollars on or before May 15, 2018, (f) sixty-one million six hundred thousand dollars on or before July 15, 2018, (g) sixty-two million dollars on or before July 15, 2019, (h) sixty-one million four hundred fifty thousand dollars on or before July 15, 2020, (i) sixty-six million two hundred thousand dollars on or before July 15, 2022, and (j) fifty-one million dollars on or before every July 15 thereafter from the Nebraska Medicaid Intergovernmental Trust Fund and the Nebraska Tobacco Settlement Trust Fund to the Nebraska Health Care Cash Fund, except that such amount shall be reduced by the amount of the unobligated balance in the Nebraska Health Care Cash Fund at the time the transfer is made. The state investment officer shall advise the State Treasurer on the amounts to be transferred first from the Nebraska Medicaid Intergovernmental Trust Fund until the fund balance is depleted and from the Nebraska Tobacco Settlement Trust Fund thereafter in order to sustain such transfers in perpetuity. The state investment officer shall report electronically to the Legislature on or before October 1 of every even-numbered year on the sustainability of such transfers. The Nebraska Health Care Cash Fund shall also include money received pursuant to section 77-2602. Except as otherwise provided by law, no more than the amounts specified in this subsection may be appropriated or transferred from the Nebraska Health Care Cash Fund in any fiscal year.The State Treasurer shall transfer ten million dollars from the Nebraska Medicaid Intergovernmental Trust Fund to the General Fund on June 28, 2018, and June 28, 2019.Except as otherwise provided in subsections (6) and (7) of this section, it is the intent of the Legislature that no additional programs are funded through the Nebraska Health Care Cash Fund until funding for all programs with an appropriation from the fund during FY2012-13 are restored to their FY2012-13 levels.(2) Any money in the Nebraska Health Care Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.(3) The University of Nebraska and postsecondary educational institutions having colleges of medicine in Nebraska and their affiliated research hospitals in Nebraska, as a condition of receiving any funds appropriated or transferred from the Nebraska Health Care Cash Fund, shall not discriminate against any person on the basis of sexual orientation.(4) The State Treasurer shall transfer fifty thousand dollars on or before July 15, 2016, from the Nebraska Health Care Cash Fund to the Board of Regents of the University of Nebraska for the University of Nebraska Medical Center. It is the intent of the Legislature that these funds be used by the College of Public Health for workforce training.(5) It is the intent of the Legislature that the cost of the staff and operating costs necessary to carry out the changes made by Laws 2018, LB439, and not covered by fees or federal funds shall be funded from the Nebraska Health Care Cash Fund for fiscal years 2018-19 and 2019-20.(6) It is the intent of the Legislature to fund the grants to be awarded pursuant to section 75-1101 with the Nebraska Health Care Cash Fund for FY2019-20 and FY2020-21.(7) The State Treasurer shall transfer fifteen million dollars from the Nebraska Health Care Cash Fund on or after July 1, 2022, but before June 30, 2023, to the Board of Regents of the University of Nebraska for the University of Nebraska Medical Center for pancreatic cancer research at the University of Nebraska Medical Center. Transfers from the Nebraska Health Care Cash Fund in this subsection shall be contingent upon receipt of any matching funds from private or other sources, up to fifteen million dollars, certified by the budget administrator of the budget division of the Department of Administrative Services. Upon receipt of any matching funds certified by the budget administrator, the State Treasurer shall transfer an equal amount of funds to the Board of Regents of the University of Nebraska.Source  Laws 1998, LB 1070,  7;  Laws 2000, LB 1427,  9;  Laws 2001, LB 692,  18;  Laws 2003, LB 412,  8;  Laws 2004, LB 1091,  7;  Laws 2005, LB 426,  12;  Laws 2007, LB322,  19;  Laws 2007, LB482,  6;  Laws 2008, LB480,  2;  Laws 2008, LB830,  9;  Laws 2008, LB961,  5;  Laws 2009, LB27,  7;  Laws 2009, LB316,  19;  Laws 2012, LB782,  125;  Laws 2012, LB969,  9;  Laws 2013, LB199,  29;  Laws 2014, LB906,  18;  Laws 2015, LB390,  12;  Laws 2015, LB661,  32;  Laws 2017, LB331,  38;  Laws 2018, LB439,  9;  Laws 2018, LB793,  10;  Laws 2018, LB945,  17;  Laws 2019, LB298,  17;  Laws 2019, LB481,  7;  Laws 2019, LB570,  1;  Laws 2019, LB600,  19;  Laws 2019, LB641,  2;  Laws 2021, LB384,  12;  Laws 2022, LB1012,  11.   Effective Date: April 5, 2022  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-7615.  Act, how cited.Sections 71-7615 to 71-7622 shall be known and may be cited as the Native American Public Health Act.Source Laws 1998, LB 1070,  11. 
71-7616.  Legislative findings.The Legislature finds that members of Nebraska's federally recognized Native American tribes are not receiving adequate basic public health services, especially in the areas of education and prevention. The leading causes of death among Native American people are largely preventable. Many Native American people suffer from preventable diseases such as diabetes, cardiovascular disease, and alcohol-related fatalities. An alarming number of tribal members engage in health-threatening activities such as smoking, substance abuse, and poor diet. Births to teenaged Native Americans are higher than any other racial group. Unintentional injuries are costing Native American people years of productivity and potential. As a result, the life expectancy among Native Americans is low while the infant mortality rate is high when compared to Nebraska's general population. The problems and future costs associated with a lack of adequate public health services will continue to escalate as seventy percent of tribal members on reservations and in service areas are children.To protect a generation of Native American children and to provide for a safe, healthy future for future generations of Native American people, the Legislature declares that public health infrastructure focusing on health education and preventative health measures for Native Americans must be addressed.Source Laws 1998, LB 1070,  12. 
71-7617.  Contracts to provide educational and public health services; Department of Health and Human Services; duties.The Department of Health and Human Services shall contract with the health clinics of Nebraska's federally recognized Native American tribes, Indian health organizations, or other public health organizations that have a substantial Native American clientele to provide educational and public health services targeted to Native American populations. The following educational and public health services may be considered by the department for such contracts:(1) Identification and enrollment of children in state and federal programs providing access to health insurance or health care;(2) Efforts to educate children and adults about the health risks associated with smoking and tobacco use, alcohol abuse, and other substances that threaten health and well-being and other activities designed to reduce the rate of substance abuse;(3) Prenatal care education for women and notification of programs that improve prenatal care;(4) Education focusing on proper diet and the importance of physical activity to good health;(5) Blood pressure and cholesterol screenings;(6) Support of efforts to identify children and adults at risk for depression and other mental health conditions and provide mental health counseling to prevent suicide;(7) Parenting classes and the promotion of such programs;(8) Efforts to discourage drinking and driving and to encourage the use of seat belts;(9) Tests and education for acquired immunodeficiency syndrome and other sexually transmitted diseases;(10) Tests for pregnancy and referrals to prenatal care when directed;(11) Educational efforts aimed at reducing teen pregnancies and other unintended pregnancies;(12) Case management for pregnant women, children, or adults with special health care needs;(13) Efforts to make health care prevention services more affordable or accessible;(14) Matching funds for state and federal programs designed to address public health needs;(15) Staffing needs for public health services or education including the recruitment and training of Native American providers;(16) Cervical and breast cancer detection services and other prevention components of comprehensive women's health services;(17) Education to prevent and reduce the occurrence of diabetes; and(18) Other prevention or educational activities or programs that address the health, safety, or self-sufficiency of Native American persons.Source  Laws 1998, LB 1070,  13;  Laws 2005, LB 301,  57;  Laws 2007, LB296,  680. 
71-7618.  Funding of contracts; priority.During each fiscal year, the Department of Health and Human Services shall contract with the health clinics of Nebraska's federally recognized Native American tribes as approved by the tribal councils, Indian health organizations, or other public health organizations that have a substantial Native American clientele to provide educational and public health services pursuant to section 71-7617. The department shall fund all eligible contracts until the appropriation to this program is depleted, but shall give priority to contracts which meet the following criteria:(1) Programs or activities that directly impact the health and well-being of children;(2) Programs or activities which serve the greater number of people over the longest period of time;(3) Programs or activities that are part of a larger plan for strategic public health planning and implementation;(4) Current programs or activities that have demonstrated success in improving public health or new programs or activities modeled on successful programs and activities; and(5) Programs or activities that focus on primary prevention and show promise in reducing future health care expenditures.Source  Laws 1998, LB 1070,  14;  Laws 2005, LB 301,  58;  Laws 2007, LB296,  681. 
71-7619.  Aid to tribal councils.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.Source  Laws 1998, LB 1070,  15;  Laws 2005, LB 301,  59;  Laws 2007, LB296,  682. 
71-7620.  Recipients; reports.The recipients of funds under the Native American Public Health Act shall submit a report on the activities funded each fiscal year. The report shall provide information as required by the Department of Health and Human Services to determine the effectiveness of the contract in meeting the goals of the Native American Public Health Act.Source  Laws 1998, LB 1070,  16;  Laws 2005, LB 301,  60;  Laws 2007, LB296,  683. 
71-7621.  Recapture of funds.If the Department of Health and Human Services determines that services are not being delivered in accordance with the contract, the department may seek to recapture all or a portion of funds expended.Source  Laws 1998, LB 1070,  17;  Laws 2005, LB 301,  61;  Laws 2007, LB296,  684. 
71-7622.  Rules and regulations.The Department of Health and Human Services shall adopt and promulgate rules and regulations to carry out the Native American Public Health Act and shall adhere to already established or adopted and promulgated rules and regulations for contracted services under the act.Source  Laws 1998, LB 1070,  18;  Laws 2005, LB 301,  62;  Laws 2007, LB296,  685. 
71-7701.  Act, how cited.Sections 71-7701 to 71-7711 shall be known and may be cited as the Health Care Facility-Provider Cooperation Act.Source Laws 1994, LB 1223,  111. 
71-7702.  Terms, defined.For purposes of the Health Care Facility-Provider Cooperation Act:(1) Community planning means a plan which identifies (a) health-care-related resources, facilities, and services within the community, (b) the health care needs of the community, (c) gaps in services, (d) duplication of services, and (e) ways to meet health care needs;(2) Cooperative agreement means an agreement among two or more health care facilities or other providers for the sharing, allocation, or referral of patients, personnel, instructional programs, equipment, support services and facilities, or medical, diagnostic, or laboratory facilities or procedures or other services traditionally offered or purchased by health care facilities or other providers;(3) Department means the Department of Health and Human Services;(4) Health care facility means:(a) Any facility required to be licensed under the Health Care Facility Licensure Act or, if in another state, licensed in such state; and(b) Any parent of a health care facility, health care facility subsidiary, or health care facility affiliate that provides medical or medically related diagnostic and laboratory services or engages in ancillary activities supporting those services; and(5) Provider means any person licensed to provide health care services under the Uniform Credentialing Act and engaged in the practice of medicine and surgery, osteopathic medicine, pharmacy, optometry, podiatry, physical therapy, or nursing.Source  Laws 1994, LB 1223,  112;  Laws 1996, LB 1044,  786;  Laws 2000, LB 819,  144;  Laws 2007, LB296,  686;  Laws 2007, LB463,  1301. Cross References   Health Care Facility Licensure Act, see section 71-401.  Uniform Credentialing Act, see section 38-101. 
71-7703.  Certificate of public advantage; governing cooperative agreement; application.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.Source Laws 1994, LB 1223,  113. 
71-7704.  Certificate of public advantage; notice; review; hearing; rules and regulations.(1) Within five working days after receipt of an application for a certificate of public advantage, the department shall publish notice of the application through public channels and shall notify health care facilities providing similar services in the area affected by the proposal and any person who has requested such notice. The notice shall state that an application has been received, describe the proposal, and state the date by which a person may submit written comments about the application to the department.(2) The department shall, within fifteen days after the date an application is received, determine if the application is complete for the purposes of review. The department may find that an application is incomplete when a question on the application form has not been answered in whole or in part or has been answered in a manner that does not fairly meet the question addressed or when the application does not include attachments of supporting documents necessary to complete the answer. If the department determines that an application is incomplete, it shall notify the applicant within fifteen days after the date the application was received, stating the reasons for its determination of incompleteness with reference to the particular questions for which a deficiency is noted.(3) The department may, during the course of its review, hold a public meeting at which any person may introduce testimony and exhibits in connection with an application. The department decision to hold a public meeting shall be made within fifteen days after the department's dissemination of notice pursuant to subsection (1) of this section. The meeting shall be held no later than thirty days after the department's decision to hold a public meeting and upon five days' notice, not including days the application is deemed to be incomplete.(4) The department shall review the application in accordance with the standards set forth in section 71-7706 and may hold a public hearing in accordance with rules and regulations of the department. Persons may intervene if any legal rights, duties, privileges, or other legal interests may be substantially affected by the application. The department may adopt and promulgate rules and regulations for such intervention. The department shall consult with the Attorney General regarding his or her evaluation of any potential reduction in competition resulting from a cooperative agreement.Source Laws 1994, LB 1223,  114. 
71-7705.  Certificate of public advantage; decision; execute cooperative agreement; when; contest of decision; appeal.(1) The department shall grant or deny an application for a certificate of public advantage within ninety days after the date of filing of the application, not including days the application is deemed to be incomplete. The decision shall be in writing and set forth the basis for the decision. The department shall furnish a copy of the decision to the applicants, the Attorney General, and any intervenor.(2) If the department grants the application, the parties shall have forty-five days after the date of receipt of the department's decision to submit an executed written copy of the cooperative agreement which shall be in accordance with the terms and conditions set out in the letter of intent and the application. The department shall review the executed written copy of the cooperative agreement and, if it is in accordance with the terms and conditions set out in the letter of intent and the application, the department shall issue a certificate of public advantage for the cooperative agreement.(3) If the applicants desire to contest the denial or the intervenors desire to contest the granting of an application, they shall, within ten days after receipt of the notice of denial or within ten days after the granting of an application, send a written request to the department for a hearing under sections 84-913 and 84-915.(4) A denial or granting by the department of an application or a termination of a certificate of public advantage under section 71-7707 may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.Source  Laws 1994, LB 1210,  181;  Laws 1994, LB 1223,  115.  Cross References  Administrative Procedure Act, see section 84-920.
71-7706.  Certificate of public advantage; issuance; considerations.(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.Source Laws 1994, LB 1223,  116. 
71-7707.  Certificate of public advantage; termination.If the department determines at any time that the likely benefits resulting from a certified cooperative agreement no longer outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement, the department shall initiate proceedings to terminate the certificate of public advantage in accordance with the Administrative Procedure Act.Source Laws 1994, LB 1223,  117. Cross References  Administrative Procedure Act, see section 84-920.
71-7708.  Parties to agreement; report; petition to terminate certificate; adverse job actions prohibited.(1) The department shall require the parties to a cooperative agreement for which a certificate of public advantage has been issued to report annually on the functioning of the cooperative agreement for the preceding year. The report shall be in such form and contain such information as the department in its discretion deems necessary to make the determination required by section 71-7707.(2) Any interested person may petition the department to determine that the likely benefits resulting from a certified cooperative agreement no longer outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement. In such case, the department may initiate proceedings to terminate the certificate of public advantage in accordance with the Administrative Procedure Act.(3) It shall be unlawful for an employer to take any adverse job action against any employee because such employee has petitioned, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under the Health Care Facility-Provider Cooperation Act.Source Laws 1994, LB 1223,  118. Cross References  Administrative Procedure Act, see section 84-920.
71-7709.  Parties and participants; immunity; notice; act, how construed.(1) Any party to a cooperative agreement which has been approved in whole or in part by the department pursuant to the Health Care Facility-Provider Cooperation Act shall be immune from any civil or criminal antitrust action if such action is based upon the cooperative agreement or arises from conduct or activity reasonably necessary and reasonably foreseeable to implement such agreement or any decision or order issued by the department.(2) Any part to a cooperative agreement that has been filed with the department pursuant to the act shall be immune from any civil or criminal antitrust action if such action is based upon or arises from the negotiation of or entering into the cooperative agreement.(3) All persons who participate in community planning, discussions, or negotiations intended in good faith to culminate in a cooperative agreement to be filed with the department pursuant to the provisions of the act shall be immune from any civil or criminal antitrust action if such action is based upon or arises from such conduct.(4)(a) The immunity provided in this section shall apply only to community planning, discussions, and negotiations that occur after notice of such activities has been sent to the department in accordance with the requirements of subdivision (b) of this subsection.(b) The notice to the department required by subdivision (a) of this subsection shall include a description of the proposed purpose of the agreement, the potential parties, and the potential nature and scope of the cooperation and joint activities contemplated. The persons filing such notice shall also notify the department if negotiations have terminated, or if negotiations are continuing they shall notify the department of progress of negotiation at least once every six months. The department may request additional information from the potential parties and may communicate with and monitor the parties in any manner the department deems necessary but shall not hinder or interfere with negotiations.(5) The submission of a cooperative agreement for department approval pursuant to the act shall be voluntary, and the failure of the parties to any such agreement to seek approval shall not be admissible in any civil or criminal antitrust action if such action is based upon the cooperative agreement or arises from conduct or activity reasonably necessary and reasonably foreseeable to implement the cooperative agreement.(6) Nothing in the act shall be construed to limit the application of any other statute concerning the licensure of facilities, services, or professions, and any activities undertaken pursuant to a cooperative agreement shall comply with applicable law.Source Laws 1994, LB 1223,  119. 
71-7710.  Act; how construed.Nothing in the Health Care Facility-Provider Cooperation Act shall be construed to prohibit:(1) The formation of a cooperative agreement that has been approved in whole or in part in accordance with the act;(2) Community planning, discussions, or negotiations intended in good faith to cumulate in a cooperative agreement to be filed with the department;(3) Any conduct or activity reasonably necessary and reasonably foreseeable to implement an approved cooperative agreement or a decision or order issued by the department; or(4) The negotiation of or entering into a cooperative agreement which is filed with the department. Such agreements, conduct, or activities shall not be held or construed to be illegal combinations or conspiracies in restraint of trade under the act. Directors, trustees, or their representatives of a health care facility or provider who participate in the discussion or negotiation shall be immune from civil actions or criminal prosecutions for a violation of state or federal antitrust laws unless the discussion or negotiation exceeds the scope authorized by the Health Care Facility-Provider Cooperation Act.Source Laws 1994, LB 1223,  120. 
71-7711.  Department; maintain copies of agreements; notice of termination, filing required.The department shall maintain on file a copy of all cooperative agreements for which certificates of public advantage remain in effect. Any party to a cooperative agreement who terminates the agreement shall file a notice of termination with the department within thirty days after termination.Source Laws 1994, LB 1223,  121. 
71-7801.  Act, how cited.Sections 71-7801 to 71-7807 shall be known and may be cited as the Primary Care Investment Act.Source  Laws 2022, LB863,  11.   Operative Date: July 21, 2022  
71-7802.  Federal Consolidated Appropriations Act, 2021; requirements; Primary Care Investment Council; purpose.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.Source  Laws 2022, LB863,  12.   Operative Date: July 21, 2022  
71-7803.  Terms, defined.For purposes of the Primary Care Investment Act:(1) Department means the Department of Insurance; and(2) Primary care physician means a physician licensed under the Uniform Credentialing Act and practicing in the area of family medicine, pediatrics, internal medicine, geriatrics, obstetrics and gynecology, or general medicine.Source  Laws 2022, LB863,  13.   Operative Date: July 21, 2022  Cross References  Uniform Credentialing Act, see section 38-101.
71-7804.  Primary Care Investment Council; created; members; termination.(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.Source  Laws 2022, LB863,  14.   Operative Date: July 21, 2022  
71-7805.  Primary Care Investment Council; duties.The Primary Care Investment Council shall:(1) Develop an appropriate definition for primary care investment;(2) Measure the current level of primary care investment, measured as a part of overall health care spending, by public and private payors in Nebraska;(3) Conduct a comparison of spending on primary care services and health outcomes in Nebraska with surrounding states and nationally;(4) Develop an appropriate target level of primary care investment by public and private payors in Nebraska;(5) Recommend strategies to achieve the target level of primary care investment through alternative payment models;(6) Identify the public health benefits and estimated cost savings that would result from meeting the target level of primary care investment through alternative payment models; and(7) Identify solutions to barriers for Nebraska residents from accessing primary care and for health payors and medical providers from investing in primary care.Source  Laws 2022, LB863,  15.   Operative Date: July 21, 2022  
71-7806.  Primary Care Investment Council; convene; review and update.The Primary Care Investment Council shall convene at least once a year through 2028 to review the state's progress in meeting the target level of primary care investment, update the data regarding public health benefits and cost savings as a result of investments in primary care, update the strategies to achieve the target level of primary care investment, and consider other information as necessary.Source  Laws 2022, LB863,  16.   Operative Date: July 21, 2022  
71-7807.  Primary Care Investment Council; report.On or before November 1, 2023, and on or before each November 1 until November 1, 2028, the Primary Care Investment Council shall prepare and the department shall electronically submit a report to the Executive Board of the Legislative Council and the Governor which contains, at a minimum, the Primary Care Investment Council's findings under section 71-7805 and any additional findings from the council regarding health care spending and health outcomes.Source  Laws 2022, LB863,  17.   Operative Date: July 21, 2022  
71-7904.  Act, how cited.Sections 71-7904 to 71-7913 shall be known and may be cited as the Health Care Quality Improvement Act.Source  Laws 2011, LB431,  1;  Laws 2019, LB119,  1.  
71-7905.  Purposes of act.The purposes of the Health Care Quality Improvement Act are to provide protection for those individuals who participate in peer review activities which evaluate the quality and efficiency of health care providers and to protect the confidentiality of peer review records.Source Laws 2011, LB431,  2.
71-7906.  Definitions, where found.For purposes of the Health Care Quality Improvement Act, the definitions found in sections 71-7907 to 71-7910.01 apply.Source  Laws 2011, LB431,  3;  Laws 2019, LB119,  2.  
71-7907.  Health care provider, defined.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.Source  Laws 2011, LB431,  4;  Laws 2019, LB119,  3.  Cross References   Health Care Facility Licensure Act, see section 71-401.  Uniform Credentialing Act, see section 38-101. 
71-7908.  Incident report, defined.Incident report or risk management report means a report of an incident involving injury or potential injury to a patient as a result of patient care provided by a health care provider, including both an individual who provides health care and an entity that provides health care, that is created specifically for and collected and maintained for exclusive use by a peer review committee of a health care entity and that is within the scope of the functions of that committee.Source Laws 2011, LB431,  5.
71-7909.  Peer review, defined.Peer review means the procedure by which health care providers evaluate the quality and efficiency of services ordered or performed by other health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, root cause analysis, claims review, underwriting assistance, and the compliance of a hospital, nursing home, or other health care facility operated by a health care provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations.Source Laws 2011, LB431,  6.
71-7910.01.  Professional health care service entity, defined.Professional health care service entity means an entity which is organized under the Nebraska Nonprofit Corporation Act, the Nebraska Professional Corporation Act, the Nebraska Uniform Limited Liability Company Act, or the Uniform Partnership Act of 1998 and which renders health care services through individuals credentialed under the Uniform Credentialing Act.Source  Laws 2019, LB119,  4;  Laws 2020, LB783,  3.  Cross References   Nebraska Nonprofit Corporation Act, see section 21-1901.  Nebraska Professional Corporation Act, see section 21-2201.  Nebraska Uniform Limited Liability Company Act, see section 21-101.  Uniform Credentialing Act, see section 38-101.  Uniform Partnership Act of 1998, see section 67-401. 
71-7910.  Peer review committee, defined; policies and procedures.(1) Peer review committee means a utilization review committee, quality assessment committee, performance improvement committee, tissue committee, credentialing committee, or other committee established by a professional health care service entity or by the governing board of a facility which is a health care provider that does either of the following:(a) Conducts professional credentialing or quality review activities involving the competence of, professional conduct of, or quality of care provided by a health care provider, including both an individual who provides health care and an entity that provides health care; or(b) Conducts any other attendant hearing process initiated as a result of a peer review committee's recommendations or actions.(2) To conduct peer review pursuant to the Health Care Quality Improvement Act, a professional health care service entity shall adopt and adhere to written policies and procedures governing the peer review committee of the professional health care service entity.Source  Laws 2011, LB431,  7;  Laws 2019, LB119,  5.  
71-7911.  Liability for activities relating to peer review.(1) A health care provider or an individual (a) serving as a member or employee of a peer review committee, working on behalf of a peer review committee, furnishing counsel or services to a peer review committee, or participating in a peer review activity as an officer, director, employee, or member of a professional health care service entity or an officer, director, employee, or member of the governing board of a facility which is a health care provider and (b) acting without malice shall not be held liable in damages to any person for any acts, omissions, decisions, or other conduct within the scope of the functions of a peer review committee.(2) A person who makes a report or provides information to a peer review committee shall not be subject to suit as a result of providing such information if such person acts without malice.Source  Laws 2011, LB431,  8;  Laws 2019, LB119,  6.  
71-7912.  Confidentiality; discovery; availability of medical records, documents, or information; limitation; burden of proof.(1) The proceedings, records, minutes, and reports of a peer review committee shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action. No person who attends a meeting of a peer review committee, works for or on behalf of a peer review committee, provides information to a peer review committee, or participates in a peer review activity as an officer, director, employee, or member of a professional health care service entity or an officer, director, employee, or member of the governing board of a facility which is a health care provider shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings or activities of the peer review committee or as to any findings, recommendations, evaluations, opinions, or other actions of the peer review committee or any members thereof.(2) Nothing in this section shall be construed to prevent discovery or use in any civil action of medical records, documents, or information otherwise available from original sources and kept with respect to any patient in the ordinary course of business, but the records, documents, or information shall be available only from the original sources and cannot be obtained from the peer review committee's proceedings or records.(3) A health care provider or individual claiming the privileges under this section has the burden of proving that the communications and documents are protected.Source  Laws 2011, LB431,  9;  Laws 2019, LB119,  7.  
71-7913.  Incident report or risk management report; how treated; burden of proof.(1) An incident report or risk management report and the contents of an incident report or risk management report are not subject to discovery in, and are not admissible in evidence in the trial of, a civil action for damages for injury, death, or loss to a patient of a health care provider. A person who prepares or has knowledge of the contents of an incident report or risk management report shall not testify and shall not be required to testify in any civil action as to the contents of the report.(2) A health care provider or individual claiming the privileges under this section has the burden of proving that the communications and documents are protected.Source  Laws 2011, LB431,  10;  Laws 2019, LB119,  8.  
71-8001.  Act, how cited.Sections 71-8001 to 71-8008 shall be known and may be cited as the Certified Industrial Hygienist Title Protection Act.Source Laws 1997, LB 558,  1. 
71-8002.  Legislative intent.It is the intent of the Legislature to provide legal recognition to the professional practice of industrial hygiene so as to provide assurance to government, business, private entities, and the public that a person who represents himself or herself as a certified industrial hygienist or a person who or an entity which represents that he, she, or it provides industrial hygiene services by or under the direction and supervision of a certified industrial hygienist is actually such individual or directly employs such individuals having the qualifications stated in the Certified Industrial Hygienist Title Protection Act.Source Laws 1997, LB 558,  2. 
71-8003.  Industrial hygiene, defined.For purposes of the Certified Industrial Hygienist Title Protection Act, industrial hygiene means the science and practice devoted to the anticipation, recognition, evaluation, and specification of controls of environmental factors, stressors, physical hazards, and chemical exposures associated with work and work operations that may cause sickness, impaired health and well-being, or significant discomfort among workers and the general community.Source Laws 1997, LB 558,  3. 
71-8004.  Individual; use of title; requirements.(1) An individual shall not use the title of or represent or advertise himself or herself as a certified industrial hygienist, CIH, or C.I.H. unless such individual has received the designation Certified Industrial Hygienist from the American Board of Industrial Hygiene and the designation as such has not lapsed or been revoked.(2) An individual shall not use for title or professional identification or as a personal credential any variation on the terms described in subsection (1) of this section using the words "Certified Industrial Hygienist" and shall not use initials that indicate such a title unless the individual meets the requirements of this section.Source Laws 1997, LB 558,  4. 
71-8005.  Business enterprise; use of certified industrial hygienist required; when.A business enterprise shall not identify, represent, or advertise itself as a provider of industrial hygiene services provided by or under the direction and supervision of a certified industrial hygienist or a variation of such words unless the individuals directly employed by such enterprise to actually engage in any business practice which could be classified as industrial hygiene using the services of a certified industrial hygienist satisfy the requirements of the Certified Industrial Hygienist Title Protection Act. The action or intent of any business enterprise to provide for compensation the services of a certified industrial hygienist through subcontracting, subconsulting, or any means other than direct employment of a certified industrial hygienist shall be clearly conveyed in writing by the soliciting business enterprise to the prospective target audience of interest or buyer of such industrial hygiene services.Source Laws 1997, LB 558,  5. 
71-8006.  Violations; unfair trade practice; civil penalty.An individual or business enterprise who violates section 71-8004 or 71-8005 commits an unfair trade practice. Any person or entity injured by such a violation shall have a right of action against the violator for damages for each occurrence when any person or entity suffered or suffers loss.An individual or business enterprise that violates the Certified Industrial Hygienist Title Protection Act shall be subject to a civil penalty of not more than two thousand dollars. The Attorney General or the county attorney of the county in which such violation occurs shall, when he or she has knowledge of such violation, institute an action in such county to collect the penalty imposed by this section. Money collected pursuant to such action shall be remitted to the State Treasurer for credit to the permanent school fund.Source Laws 1997, LB 558,  6. 
71-8007.  Act; applicability.The Certified Industrial Hygienist Title Protection Act does not regulate or otherwise limit the activity of any individual or entity that does not represent or advertise himself, herself, or itself as a certified industrial hygienist, CIH, or C.I.H. or as a provider of services to be performed by a certified industrial hygienist.Source Laws 1997, LB 558,  7. 
71-8008.  Department of Health and Human Services; rules and regulations.The Department of Health and Human Services may adopt and promulgate rules and regulations to implement the Certified Industrial Hygienist Title Protection Act and to further regulate the use of the term certified industrial hygienist.Source  Laws 1997, LB 558,  8;  Laws 2007, LB296,  687. 
71-801.  Nebraska Behavioral Health Services Act; act, how cited.Sections 71-801 to 71-830 shall be known and may be cited as the Nebraska Behavioral Health Services Act.Source  Laws 2004, LB 1083,  1;  Laws 2006, LB 994,  91;  Laws 2009, LB154,  17;  Laws 2009, LB603,  3;  Laws 2012, LB1158,  3;  Laws 2020, LB1158,  5.  
71-802.  Purposes of act.The purposes of the Nebraska Behavioral Health Services Act are to: (1) Reorganize statutes relating to the provision of publicly funded behavioral health services; (2) provide for the organization and administration of the public behavioral health system within the department; (3) rename mental health regions as behavioral health regions; (4) provide for the naming of regional behavioral health authorities and ongoing activities of regional governing boards; (5) reorganize and rename the State Mental Health Planning and Evaluation Council and the State Alcoholism and Drug Abuse Advisory Committee; (6) change and add provisions relating to development of community-based behavioral health services and funding for behavioral health services; and (7) authorize the closure of regional centers.Source  Laws 2004, LB 1083,  2;  Laws 2006, LB 994,  92;  Laws 2013, LB6,  12. 
71-803.  Public behavioral health system; purposes.The purposes of the public behavioral health system are to ensure:(1) The public safety and the health and safety of persons with behavioral health disorders;(2) Statewide access to behavioral health services, including, but not limited to, (a) adequate availability of behavioral health professionals, programs, and facilities, (b) an appropriate array of community-based services and continuum of care, and (c) integration and coordination of behavioral health services with primary health care services;(3) High quality behavioral health services, including, but not limited to, (a) services that are research-based and consumer-focused, (b) services that emphasize beneficial treatment outcomes and recovery, with appropriate treatment planning, case management, community support, and consumer peer support, (c) appropriate regulation of behavioral health professionals, programs, and facilities, and (d) consumer involvement as a priority in all aspects of service planning and delivery; and(4) Cost-effective behavioral health services, including, but not limited to, (a) services that are efficiently managed and supported with appropriate planning and information, (b) services that emphasize prevention, early detection, and early intervention, (c) services that are provided in the least restrictive environment consistent with the consumer's clinical diagnosis and plan of treatment, and (d) funding that is fully integrated and allocated to support the consumer and his or her plan of treatment.Source Laws 2004, LB 1083,  3. 
71-804.  Terms, defined.For purposes of the Nebraska Behavioral Health Services Act:(1) Behavioral health disorder means mental illness or alcoholism, drug abuse, or other addictive disorder;(2) Behavioral health region means a behavioral health region established in section 71-807;(3) Behavioral health services means services, including, but not limited to, consumer-provided services, support services, inpatient and outpatient services, and residential and nonresidential services, provided for the prevention, diagnosis, and treatment of behavioral health disorders and the rehabilitation and recovery of persons with such disorders;(4) Community-based behavioral health services or community-based services means behavioral health services that are not provided at a regional center;(5) Department means the Department of Health and Human Services;(6) Director means the Director of Behavioral Health;(7) Division means the Division of Behavioral Health of the department;(8) Medical assistance program means the program established pursuant to the Medical Assistance Act;(9) Public behavioral health system means the statewide array of behavioral health services for children and adults provided by the public sector or private sector and supported in whole or in part with funding received and administered by the department, including behavioral health services provided under the medical assistance program;(10) Regional center means one of the state hospitals for the mentally ill designated in section 83-305; and(11) Regional center behavioral health services or regional center services means behavioral health services provided at a regional center.Source  Laws 2004, LB 1083,  4;  Laws 2006, LB 1248,  74;  Laws 2007, LB296,  454;  Laws 2013, LB6,  13. Cross References  Medical Assistance Act, see section 68-901.
71-805.  Division; personnel; office of consumer affairs.(1) The director shall appoint a chief clinical officer and a program administrator for consumer affairs for the division. The chief clinical officer shall be a board-certified psychiatrist and shall serve as the medical director for the division and all facilities and programs operated by the division. The program administrator for consumer affairs shall be a consumer or former consumer of behavioral health services and shall have specialized knowledge, experience, or expertise relating to consumer-directed behavioral health services, behavioral health delivery systems, and advocacy on behalf of consumers of behavioral health services and their families. The chief clinical officer and the program administrator for consumer affairs shall report to the director. The Governor and the director shall conduct a search for qualified candidates and shall solicit and consider recommendations from interested parties for such positions prior to making such appointments.(2) The director shall establish and maintain an office of consumer affairs within the division. The program administrator for consumer affairs shall be responsible for the administration and management of the office.Source  Laws 2004, LB 1083,  5;  Laws 2007, LB296,  455. 
71-806.  Division; powers and duties; rules and regulations.(1) The division shall act as the chief behavioral health authority for the State of Nebraska and shall direct the administration and coordination of the public behavioral health system, including, but not limited to: (a) Administration and management of the division, regional centers, and any other facilities and programs operated by the division; (b) integration and coordination of the public behavioral health system; (c) comprehensive statewide planning for the provision of an appropriate array of community-based behavioral health services and continuum of care; (d) coordination and oversight of regional behavioral health authorities, including approval of regional budgets and audits of regional behavioral health authorities; (e) development and management of data and information systems; (f) prioritization and approval of all expenditures of funds received and administered by the division, including: The establishment of rates to be paid; reimbursement methodologies for behavioral health services; methodologies to be used by regional behavioral health authorities in determining a consumer's financial eligibility as provided in subsection (2) of section 71-809; and fees and copays to be paid by consumers of such services; (g) cooperation with the department in the licensure and regulation of behavioral health professionals, programs, and facilities; (h) cooperation with the department in the provision of behavioral health services under the medical assistance program; (i) audits of behavioral health programs and services; (j) promotion of activities in research and education to improve the quality of behavioral health services, recruitment and retention of behavioral health professionals, and access to behavioral health programs and services; and (k) establishment of standards for peer services, including standards for training programs and for training, certification of, and service delivery by individuals.(2) The department shall adopt and promulgate rules and regulations to carry out the Nebraska Behavioral Health Services Act.Source  Laws 2004, LB 1083,  6;  Laws 2006, LB 1248,  75;  Laws 2007, LB296,  456;  Laws 2012, LB871,  1;  Laws 2017, LB417,  10.  
71-807.  Behavioral health regions; established.Six behavioral health regions are established, consisting of the following counties:(1) Region 1 shall consist of Sioux, Dawes, Box Butte, Sheridan, Scotts Bluff, Morrill, Garden, Banner, Kimball, Cheyenne, and Deuel counties;(2) Region 2 shall consist of Grant, Hooker, Thomas, Arthur, McPherson, Logan, Keith, Lincoln, Perkins, Chase, Hayes, Frontier, Dawson, Gosper, Dundy, Hitchcock, and Red Willow counties;(3) Region 3 shall consist of Blaine, Loup, Garfield, Wheeler, Custer, Valley, Greeley, Sherman, Howard, Buffalo, Hall, Phelps, Kearney, Adams, Clay, Furnas, Harlan, Hamilton, Merrick, Franklin, Webster, and Nuckolls counties;(4) Region 4 shall consist of Cherry, Keya Paha, Boyd, Brown, Rock, Holt, Knox, Cedar, Dixon, Dakota, Thurston, Wayne, Pierce, Antelope, Boone, Nance, Madison, Stanton, Cuming, Burt, Colfax, and Platte counties;(5) Region 5 shall consist of Polk, Butler, Saunders, Seward, Lancaster, Otoe, Fillmore, Saline, Thayer, Jefferson, Gage, Johnson, Nemaha, Pawnee, York, and Richardson counties; and(6) Region 6 shall consist of Dodge, Washington, Douglas, Sarpy, and Cass counties.Source Laws 2004, LB 1083,  7. 
71-808.  Regional behavioral health authority; established; regional governing board; matching funds; requirements.(1) A regional behavioral health authority shall be established in each behavioral health region by counties acting under provisions of the Interlocal Cooperation Act. Each regional behavioral health authority shall be governed by a regional governing board consisting of one county board member from each county in the region. Board members shall serve for staggered terms of three years and until their successors are appointed and qualified. Board members shall serve without compensation but shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.(2) The regional governing board shall appoint a regional administrator who shall be responsible for the administration and management of the regional behavioral health authority. Each regional behavioral health authority shall encourage and facilitate the involvement of consumers in all aspects of service planning and delivery within the region and shall coordinate such activities with the office of consumer affairs within the division. Each regional behavioral health authority shall establish and utilize a regional advisory committee consisting of consumers, providers, and other interested parties and may establish and utilize such other task forces, subcommittees, or other committees as it deems necessary and appropriate to carry out its duties under this section.(3) Each county in a behavioral health region shall provide funding for the operation of the behavioral health authority and for the provision of behavioral health services in the region. The total amount of funding provided by counties under this subsection shall be equal to one dollar for every three dollars from the General Fund. The division shall annually certify the total amount of county matching funds to be provided. At least forty percent of such amount shall consist of local and county tax revenue, and the remainder shall consist of other nonfederal sources. The regional governing board of each behavioral health authority, in consultation with all counties in the region, shall determine the amount of funding to be provided by each county under this subsection. For purposes of calculating the amount of county matching funds under this subsection, the amount of General Funds shall exclude:(a) An amount equal to two million five hundred ninety-nine thousand six hundred sixty dollars from the General Fund each year, beginning on July 1, 2021;(b) Any General Funds transferred from regional centers for the provision of community-based behavioral health services after July 1, 2004; and(c) Funds received by a regional behavioral health authority for the provision of behavioral health services to children under section 71-826.Source  Laws 2004, LB 1083,  8;  Laws 2009, LB603,  4;  Laws 2020, LB381,  61;  Laws 2021, LB384,  10.  Cross References  Interlocal Cooperation Act, see section 13-801.
71-809.  Regional behavioral health authority; behavioral health services; powers and duties.(1) Each regional behavioral health authority shall be responsible for the development and coordination of publicly funded behavioral health services within the behavioral health region pursuant to rules and regulations adopted and promulgated by the department, including, but not limited to, (a) administration and management of the regional behavioral health authority, (b) integration and coordination of the public behavioral health system within the behavioral health region, (c) comprehensive planning for the provision of an appropriate array of community-based behavioral health services and continuum of care for the region, (d) submission for approval by the division of an annual budget and a proposed plan for the funding and administration of publicly funded behavioral health services within the region, (e) submission of annual reports and other reports as required by the division, (f) initiation and oversight of contracts for the provision of publicly funded behavioral health services, and (g) coordination with the division in conducting audits of publicly funded behavioral health programs and services.(2) Each regional behavioral health authority shall adopt a policy for use in determining the financial eligibility of all consumers and shall adopt a uniform schedule of fees and copays, based on the policy and schedule developed by the division, to be assessed against consumers utilizing community-based behavioral health services in the region. The methods used to determine the financial eligibility of all consumers shall take into account taxable income, the number of family members dependent on the consumer's income, liabilities, and other factors as determined by the division. The policy and the schedule of fees and copays shall be approved by the regional governing board and included with the budget plan submitted to the division annually. Providers shall charge fees consistent with the schedule of fees and copays in accordance with the financial eligibility of all consumers but not in excess of the actual cost of the service. Each regional behavioral health authority shall assure that its policy and schedule of fees and copays are applied uniformly by the providers in the region.(3) Except for services being provided by a regional behavioral health authority on July 1, 2004, under applicable state law in effect prior to such date, no regional behavioral health authority shall provide behavioral health services funded in whole or in part with revenue received and administered by the division under the Nebraska Behavioral Health Services Act unless:(a) There has been a public competitive bidding process for such services;(b) There are no qualified and willing providers to provide such services; and(c) The regional behavioral health authority receives written authorization from the director and enters into a contract with the division to provide such services.(4) Each regional behavioral health authority shall comply with all applicable rules and regulations of the department relating to the provision of behavioral health services by such authority, including, but not limited to, rules and regulations which (a) establish definitions of conflicts of interest for regional behavioral health authorities and procedures in the event such conflicts arise, (b) establish uniform and equitable public bidding procedures for such services, and (c) require each regional behavioral health authority to establish and maintain a separate budget and separately account for all revenue and expenditures for the provision of such services.Source  Laws 2004, LB 1083,  9;  Laws 2007, LB296,  457;  Laws 2012, LB871,  2. 
71-810.  Division; community-based behavioral health services; duties; reduce or discontinue regional center behavioral health services; powers and duties.(1) The division shall encourage and facilitate the statewide development and provision of an appropriate array of community-based behavioral health services and continuum of care for the purposes of (a) providing greater access to such services and improved outcomes for consumers of such services and (b) reducing the necessity and demand for regional center behavioral health services.(2) The division may reduce or discontinue regional center behavioral health services only if (a) appropriate community-based services or other regional center behavioral health services are available for every person receiving the regional center services that would be reduced or discontinued, (b) such services possess sufficient capacity and capability to effectively replace the service needs which otherwise would have been provided at such regional center, and (c) no further commitments, admissions, or readmissions for such services are required due to the availability of community-based services or other regional center services to replace such services.(3) The division shall notify the Governor and the Legislature of any intended reduction or discontinuation of regional center services under this section. The notification submitted to the Legislature shall be submitted electronically. Such notice shall include detailed documentation of the community-based services or other regional center services that are being utilized to replace such services.(4) As regional center services are reduced or discontinued under this section, the division shall make appropriate corresponding reductions in regional center personnel and other expenditures related to the provision of such services. All funding related to the provision of regional center services that are reduced or discontinued under this section shall be reallocated and expended by the division for purposes related to the statewide development and provision of community-based services.(5) The division may establish state-operated community-based services to replace regional center services that are reduced or discontinued under this section. The division shall provide regional center employees with appropriate training and support to transition such employees into positions as may be necessary for the provision of such state-operated services.(6) The provisions of this section are self-executing and require no further authorization or other enabling legislation.Source  Laws 2004, LB 1083,  10;  Laws 2005, LB 551,  3;  Laws 2008, LB928,  17;  Laws 2009, LB154,  18;  Laws 2012, LB782,  105;  Laws 2017, LB417,  11.  
71-811.  Division; funding; powers and duties.The division shall coordinate the integration and management of all funds appropriated by the Legislature or otherwise received by the department from any other public or private source for the provision of behavioral health services to ensure the statewide availability of an appropriate array of community-based behavioral health services and continuum of care and the allocation of such funds to support the consumer and his or her plan of treatment.Source  Laws 2004, LB 1083,  11;  Laws 2007, LB296,  458. 
71-812.  Behavioral Health Services Fund; created; use; investment.(1) The Behavioral Health Services Fund is created. The fund shall be administered by the division and shall contain cash funds appropriated by the Legislature or otherwise received by the department for the provision of behavioral health services from any other public or private source and directed by the Legislature for credit to the fund.(2) The fund shall be used to encourage and facilitate the statewide development and provision of community-based behavioral health services, including, but not limited to, (a) the provision of grants, loans, and other assistance for such purpose and (b) reimbursement to providers of such services.(3)(a) Money transferred to the fund under section 76-903 shall be used for housing-related assistance for very low-income adults with serious mental illness, except that if the division determines that all housing-related assistance obligations under this subsection have been fully satisfied, the division may distribute any excess, up to twenty percent of such money, to regional behavioral health authorities for acquisition or rehabilitation of housing to assist such persons. The division shall manage and distribute such funds based upon a formula established by the division, in consultation with regional behavioral health authorities and the department, in a manner consistent with and reasonably calculated to promote the purposes of the public behavioral health system enumerated in section 71-803. The division shall contract with each regional behavioral health authority for the provision of such assistance. Each regional behavioral health authority may contract with qualifying public, private, or nonprofit entities for the provision of such assistance.(b) For purposes of this subsection:(i) Adult with serious mental illness means a person eighteen years of age or older who has, or at any time during the immediately preceding twelve months has had, a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders and which has resulted in functional impairment that substantially interferes with or limits one or more major life functions. Serious mental illness does not include DSM V codes, substance abuse disorders, or developmental disabilities unless such conditions exist concurrently with a diagnosable serious mental illness;(ii) Housing-related assistance includes rental payments, utility payments, security and utility deposits, landlord risk mitigation payments, and other related costs and payments;(iii) Landlord risk mitigation payment means a payment provided to a landlord who leases or rents property to a very low-income adult with serious mental illness which may be used to pay for excessive damage to the rental property, any lost rent, any legal fees incurred by the landlord in excess of the security deposit, or any other expenses incurred by the landlord as a result of leasing or renting the property to such individual; and(iv) Very low-income means a household income of fifty percent or less of the applicable median family income estimate as established by the United States Department of Housing and Urban Development.(4) 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.Source  Laws 2004, LB 1083,  12;  Laws 2005, LB 40,  5;  Laws 2007, LB296,  459;  Laws 2021, LB384,  11.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-814.  State Advisory Committee on Mental Health Services; created; members; duties.(1) The State Advisory Committee on Mental Health Services is created. Members of the committee shall have a demonstrated interest and commitment and specialized knowledge, experience, or expertise relating to the provision of mental health services in the State of Nebraska. The committee shall consist of twenty-three members appointed by the Governor as follows: (a) One regional governing board member, (b) one regional administrator, (c) twelve consumers of behavioral health services or their family members, (d) two providers of behavioral health services, (e) two representatives from the State Department of Education, including one representative from the Division of Vocational Rehabilitation of the State Department of Education, (f) three representatives from the Department of Health and Human Services representing mental health, social services, and medicaid, (g) one representative from the Nebraska Commission on Law Enforcement and Criminal Justice, and (h) one representative from the Housing Office of the Community and Rural Development Division of the Department of Economic Development.(2) The committee shall be responsible to the division and shall (a) serve as the state's mental health planning council as required by Public Law 102-321, (b) conduct regular meetings, (c) provide advice and assistance to the division relating to the provision of mental health services in the State of Nebraska, including, but not limited to, the development, implementation, provision, and funding of organized peer support services, (d) promote the interests of consumers and their families, including, but not limited to, their inclusion and involvement in all aspects of services design, planning, implementation, provision, education, evaluation, and research, (e) provide reports as requested by the division, and (f) engage in such other activities as directed or authorized by the division.Source  Laws 2004, LB 1083,  14;  Laws 2006, LB 994,  93;  Laws 2007, LB296,  460. 
71-815.  State Advisory Committee on Substance Abuse Services; created; members; duties.(1) The State Advisory Committee on Substance Abuse Services is created. Members of the committee shall have a demonstrated interest and commitment and specialized knowledge, experience, or expertise relating to the provision of substance abuse services in the State of Nebraska. The committee shall consist of twelve members appointed by the Governor and shall include at least three consumers of substance abuse services.(2) The committee shall be responsible to the division and shall (a) conduct regular meetings, (b) provide advice and assistance to the division relating to the provision of substance abuse services in the State of Nebraska, (c) promote the interests of consumers and their families, (d) provide reports as requested by the division, and (e) engage in such other activities as directed or authorized by the division.Source  Laws 2004, LB 1083,  15;  Laws 2005, LB 551,  5;  Laws 2006, LB 994,  94.  
71-817.  Transferred to section 9-1006.
71-8201.  Act, how cited.Sections 71-8201 to 71-8253 shall be known and may be cited as the Statewide Trauma System Act.Source  Laws 1997, LB 626,  1;  Laws 2015, LB46,  1.  
71-8202.  Legislative findings.The Legislature finds and declares that:(1) Trauma is a severe health problem in the State of Nebraska and a major cause of death and long-term disability;(2) Trauma care is very limited in many parts of Nebraska, particularly in rural areas where there is a growing danger that some communities may be left without adequate emergency medical care;(3) It is in the best interests of the citizens of Nebraska to establish an efficient and well-coordinated statewide trauma system to reduce costs and incidence of inappropriate and inadequate trauma care and emergency medical service; and(4) The goals and objectives of a statewide trauma system are to: (a) Pursue trauma prevention activities to decrease the incidence of trauma; (b) provide optimal care for trauma victims; (c) prevent unnecessary death and disability from trauma and emergency illness without regard to insurance or ability to pay and utilize the protocols established in the rules and regulations adopted under the Statewide Trauma System Act; and (d) contain costs of trauma care and trauma system implementation.Source Laws 1997, LB 626,  2. 
71-8203.  Definitions, where found.For purposes of the Statewide Trauma System Act, the definitions found in sections 71-8204 to 71-8235 apply.Source  Laws 1997, LB 626,  3;  Laws 2015, LB46,  2.  
71-8204.  Advanced level rehabilitation center, defined.Advanced level rehabilitation center means a rehabilitation center which, in addition to the services provided at intermediate level and general level rehabilitation centers, provides services to patients with traumatic brain or spinal injuries, complicated amputations, and other diagnoses resulting in functional impairment in more than one functional area, with moderate to severe impairment or complexity, and serves as a referral facility for intermediate level and general level rehabilitative services.Source  Laws 1997, LB 626,  4;  Laws 2015, LB46,  3.  
71-8205.  Advanced level trauma center, defined.Advanced level trauma center means a trauma center which, in addition to providing all of the services provided by basic level and general level trauma centers, also provides definitive care for complex and severe trauma, an emergency trauma team available within fifteen minutes, twenty-four hours per day, inhouse operating room personnel who initiate surgery, a neurosurgeon available who provides neurological assessment and stabilization, a broad range of specialists available for consultation or care, comprehensive diagnostic capabilities and support equipment, and appropriate equipment for pediatric trauma patients in the emergency department, intensive care unit, and operating room.Source  Laws 1997, LB 626,  5;  Laws 2009, LB195,  88. 
71-8206.  Transferred to section 71-8220.01.
71-8207.  Basic level trauma center, defined.Basic level trauma center means a trauma center which has a trauma-trained physician, advanced practice registered nurse, or physician assistant available within thirty minutes to provide stabilization and transfer to a higher level trauma center when appropriate, which has basic equipment for resuscitation and stabilization, which maintains appropriate equipment for pediatric trauma patients for resuscitation and stabilization, and which may provide limited surgical intervention based upon the expertise of available onsite staff.Source  Laws 1997, LB 626,  7;  Laws 2000, LB 1115,  86;  Laws 2009, LB195,  89. 
71-8208.  Communications system, defined.Communications system means any network which provides rapid public access, coordinated central dispatching of services, and coordination of personnel, equipment, and facilities in the trauma system.Source  Laws 1997, LB 626,  8;  Laws 2009, LB195,  90. 
71-8209.  Complete data set, defined.Complete data set means a predetermined set of demographic and medical definitions that includes the minimum data set with additional data points as set forth in the rules and regulations adopted under the Statewide Trauma System Act.Source Laws 1997, LB 626,  9. 
71-821.  Children and Family Behavioral Health Support Act; act, how cited.Sections 71-821 to 71-826 shall be known and may be cited as the Children and Family Behavioral Health Support Act.Source  Laws 2009, LB603,  5;  Laws 2015, LB8,  2.  
71-8210.  Comprehensive level trauma center, defined.Comprehensive level trauma center means a trauma center which (1) provides the highest level of definitive, comprehensive care for patients with complex traumatic injury, (2) provides an emergency trauma team available within fifteen minutes, twenty-four hours per day, including inhouse, immediately available personnel who can initiate surgery and appropriate equipment for pediatric trauma patients in the emergency department, intensive care unit, and operating room, and (3) is responsible for research, education, and outreach programs for trauma.Source  Laws 1997, LB 626,  10;  Laws 2009, LB195,  91. 
71-8211.  Department, defined.Department means the Division of Public Health of the Department of Health and Human Services.Source  Laws 1997, LB 626,  11;  Laws 2007, LB296,  688. 
71-8212.  Designated rehabilitation centers, defined.Designated rehabilitation centers means advanced, intermediate, or general level rehabilitation centers.Source  Laws 1997, LB 626,  12;  Laws 2015, LB46,  4.  
71-8213.  Designated trauma centers, defined.Designated trauma centers means advanced, basic, comprehensive, general, and specialty level trauma centers.Source Laws 1997, LB 626,  13. 
71-8214.  Designation, defined.Designation means a formal determination by the department that a hospital or health care facility is capable of providing designated trauma care or rehabilitative services as authorized in the Statewide Trauma System Act.Source Laws 1997, LB 626,  14. 
71-8215.  Emergency medical service, defined.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.Source  Laws 1997, LB 626,  15;  Laws 2012, LB646,  3. 
71-8216.  Emergency medical services and trauma plan, defined.Emergency medical services and trauma plan means the statewide plan that identifies statewide emergency medical service and trauma care objectives and priorities and identifies equipment, facilities, personnel, training, and other needs required to create and maintain the statewide trauma system established in section 71-8239. Emergency medical services and trauma plan also includes a plan of implementation that identifies the state and regional activities that will create, operate, maintain, and enhance the system. The plan shall be formulated by incorporating the regional trauma plans required under the Statewide Trauma System Act. The plan shall be updated every five years.Source  Laws 1997, LB 626,  16;  Laws 2009, LB195,  92. 
71-8217.  General level rehabilitation center, defined.General level rehabilitation center means a rehabilitation center which provides services to individuals with musculoskeletal injuries, peripheral nerve injuries, uncomplicated lower extremity amputations, and other diagnoses resulting in functional impairment in one or more functional areas, with minimum to moderate impairment or complexity.Source  Laws 1997, LB 626,  17;  Laws 2015, LB46,  5.  
71-8218.  General level trauma center, defined.General level trauma center means a trauma center that (1) provides initial evaluation and stabilization, including surgical stabilization if appropriate, and general medical and surgical inpatient services to patients who can be maintained in a stable or improving condition without specialized care, (2) prepares for transfer and transfers patients meeting predetermined criteria pursuant to the rules and regulations adopted under the Statewide Trauma System Act to higher level trauma centers, (3) is physician directed within a formally organized trauma team, (4) provides trauma-trained physicians and nurses to the emergency department within thirty minutes of notification, (5) has personnel available who can initiate surgery, (6) has appropriate diagnostic capabilities and equipment, and (7) maintains appropriate equipment for pediatric trauma patients in the emergency department, intensive care unit, and operating room.Source  Laws 1997, LB 626,  18;  Laws 2009, LB195,  93. 
71-8219.  Hospital, defined.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.Source  Laws 1997, LB 626,  19;  Laws 2000, LB 819,  146.  Cross References  Health Care Facility Licensure Act, see section 71-401.
71-822.  Children and Family Support Hotline; establishment.No later than January 1, 2010, the department shall establish a Children and Family Support Hotline which shall:(1) Be a single point of access for children's behavioral health triage through the operation of a twenty-four-hour-per-day, seven-day-per-week telephone line;(2) Be administered by the division and staffed by trained personnel under the direct supervision of a qualified mental health, behavioral health, or social work professional engaged in activities of mental health treatment;(3) Provide screening and assessment;(4) Provide referral to existing community-based resources; and(5) Be evaluated. The evaluation shall include, but not be limited to, the county of the caller, the reliability and consistency of the information given, an analysis of services needed or requested, and the degree to which the caller reports satisfaction with the referral service.Source Laws 2009, LB603,  6.
71-8220.01.  Intermediate level rehabilitation center, defined.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.Source  Laws 1997, LB 626,  6;   R.S.1943, (2009),  71-8206;  Laws 2015, LB46,  6.  
71-8220.  Interfacility or intrafacility transfer and bypass, defined.Interfacility or intrafacility transfer and bypass means the transfer of every trauma patient to the highest appropriate level center that is deemed medically appropriate for his or her injury.Source Laws 1997, LB 626,  20. 
71-8221.  Minimum data set, defined.Minimum data set means a predetermined set of demographic and medical definitions set forth in the rules and regulations adopted under the Statewide Trauma System Act.Source Laws 1997, LB 626,  21. 
71-8222.  Online physician or qualified physician surrogate, defined.Online physician or qualified physician surrogate means a physician or a qualified physician surrogate, preferably within the region, who is providing medical direction to the emergency medical service providing life support and stabilization and includes interfacility or intrafacility transfer and bypass to a higher level trauma center.Source  Laws 1997, LB 626,  22;  Laws 2009, LB195,  94. 
71-8224.  Patient care protocols, defined.Patient care protocols means the written procedures adopted by the medical staff of a trauma center, specialty level burn or pediatric trauma center, or rehabilitation center that direct the care of the patient, based upon the assessment of the patient's medical needs. Patient care protocols shall follow minimum statewide standards for trauma care services.Source Laws 1997, LB 626,  24. 
71-8225.  Pediatric trauma patient, defined.Pediatric trauma patient means a trauma patient known or estimated to be less than sixteen years of age.Source Laws 1997, LB 626,  25. 
71-8226.  Physician medical director, defined.Physician medical director means a qualified physician who is responsible for the medical supervision of emergency care providers and verification of skill proficiency of emergency care providers.Source  Laws 1997, LB 626,  26;  Laws 2020, LB1002,  49.  
71-8227.  Qualified physician surrogate, defined.Qualified physician surrogate means a qualified, trained medical person, designated by a qualified physician in writing to act as an agent for the physician in directing the actions of emergency care providers.Source  Laws 1997, LB 626,  27;  Laws 2020, LB1002,  50.  
71-8228.  Regional medical director, defined.Regional medical director means a physician licensed under the Uniform Credentialing Act who shall report to the Director of Public Health and carry out the regional plan for his or her region.Source  Laws 1997, LB 626,  28;  Laws 1999, LB 594,  62;  Laws 2007, LB296,  689;  Laws 2007, LB463,  1303. Cross References  Uniform Credentialing Act, see section 38-101.
71-8229.  Rehabilitative services, defined.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.Source  Laws 1997, LB 626,  29;  Laws 2015, LB46,  7.  
71-823.  Family Navigator Program; establishment; evaluation.(1) No later than January 1, 2010, the department shall establish a Family Navigator Program to respond to children's behavioral health needs. The program shall be administered by the division and consist of individuals trained and compensated by the department who, at a minimum, shall:(a) Provide peer support; and(b) Provide connection to existing services, including the identification of community-based services.(2) The Family Navigator Program shall be evaluated. The evaluation shall include, but not be limited to, an assessment of the quality of the interactions with the program and the effectiveness of the program as perceived by the family, whether the family followed through with the referral recommendations, the availability and accessibility of services, the waiting time for services, and cost and distance factors.Source Laws 2009, LB603,  7.
71-8230.  Specialty level burn or pediatric trauma center, defined.Specialty level burn or pediatric trauma center means a trauma center that (1) provides specialized care in the areas of burns or pediatrics, (2) provides continuous accessibility regardless of day, season, or patient's ability to pay, and (3) has entry access from each of the designation levels as its online physician or qualified physician surrogate deems appropriate.Source  Laws 1997, LB 626,  30;  Laws 2009, LB195,  95;  Laws 2015, LB46,  8.  
71-8231.  State trauma medical director, defined.State trauma medical director means a physician licensed under the Uniform Credentialing Act who reports to the Director of Public Health and carries out duties under the Statewide Trauma System Act.Source  Laws 1997, LB 626,  31;  Laws 1999, LB 594,  63;  Laws 2007, LB296,  690;  Laws 2007, LB463,  1304. Cross References  Uniform Credentialing Act, see section 38-101.
71-8232.  Trauma, defined.Trauma means a single-system or multisystem injury requiring immediate medical or surgical intervention or treatment to prevent death or permanent disability.Source  Laws 1997, LB 626,  32;  Laws 2009, LB195,  96. 
71-8233.  Trauma care regions, defined.Trauma care regions means geographic areas established by the department under section 71-8250.Source Laws 1997, LB 626,  33. 
71-8234.  Trauma team, defined.Trauma team means a team of physicians, nurses, medical technicians, and other personnel compiled to create a seamless response to an acutely injured patient in a hospital emergency department.Source  Laws 1997, LB 626,  34;  Laws 2009, LB195,  97. 
71-8235.  Trauma system, defined.Trauma system means an organized approach to providing care to trauma patients that provides personnel, facilities, and equipment for effective and coordinated trauma care. The trauma system shall identify facilities with specific capabilities to provide care and provide that trauma patients be treated at a designated trauma center appropriate to the patient's level of injury. Trauma system includes prevention, prehospital or out-of-hospital care, hospital care, and rehabilitative services regardless of insurance carrier or ability to pay.Source  Laws 1997, LB 626,  35;  Laws 2009, LB195,  98. 
71-8236.  State Trauma Advisory Board; created; members; terms; expenses.The State Trauma Advisory Board is created. The board shall be composed of representatives knowledgeable in emergency medical services and trauma care, including emergency medical providers such as physicians, nurses, hospital personnel, prehospital or emergency care providers, local government officials, state officials, consumers, and persons affiliated professionally with health science schools. The Director of Public Health or his or her designee shall appoint the members of the board for staggered terms of three years each. The department shall provide administrative support to the board. All members of the board may be reimbursed for expenses incurred in the performance of their duties as such members as provided in sections 81-1174 to 81-1177. The terms of members representing the same field shall not expire at the same time.The board shall elect a chairperson and a vice-chairperson whose terms of office shall be for two years. The board shall meet at least twice per year by written request of the director or the chairperson.Source  Laws 1997, LB 626,  36;  Laws 1998, LB 898,  1;  Laws 1999, LB 594,  64;  Laws 2007, LB296,  691;  Laws 2020, LB381,  73;  Laws 2020, LB1002,  51.  
71-8237.  State Trauma Advisory Board; duties.The State Trauma Advisory Board shall:(1) Advise the department regarding trauma care needs throughout the state;(2) Advise the Board of Emergency Medical Services regarding trauma care to be provided throughout the state by emergency medical services;(3) Review the regional trauma plans and recommend changes to the department before the department adopts the plans;(4) Review proposed departmental rules and regulations for trauma care;(5) Recommend modifications in rules regarding trauma care; and(6) Draft a five-year statewide prevention plan that each trauma care region shall implement.Source  Laws 1997, LB 626,  37;  Laws 2009, LB195,  99;  Laws 2020, LB1002,  52.  
71-8238.  State Trauma System Cash Fund; created; use; investment.The State Trauma System Cash Fund is created. The department may apply for, receive, and accept gifts and other payments, including property and services, for the fund from any governmental or other public or private entity or person and may utilize the fund for activities related to the design, maintenance, or enhancements of the statewide trauma system. Disbursements from the fund shall be made by the department. 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.Source Laws 1997, LB 626,  38. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-8239.  Statewide trauma system; established; rules and regulations; state trauma medical director and regional medical directors; appointment.(1) The department, in consultation with and having solicited the advice of the State Trauma Advisory Board, shall establish and maintain the statewide trauma system.(2) The department, with the advice of the board, shall adopt and promulgate rules and regulations to carry out the Statewide Trauma System Act.(3) The Director of Public Health or his or her designee shall appoint the state trauma medical director and the regional medical directors.Source  Laws 1997, LB 626,  39;  Laws 2007, LB296,  692;  Laws 2009, LB195,  100. 
71-824.  Post-adoption and post-guardianship case management services; notice; administration; evaluation.No later than January 1, 2010, the department shall provide post-adoption and post-guardianship case management services for adoptive and guardianship families of former state wards on a voluntary basis. The department shall notify adoptive parents and guardians of the availability of such services and the process to access such services and that such services are provided on a voluntary basis. Notification shall be in writing and shall be provided at the time of finalization of the adoption agreement or completion of the guardianship and each six months thereafter until dissolution of the adoption, until termination of the guardianship, until the former state ward attains nineteen years of age, or until extended guardianship assistance payments and medical care are terminated pursuant to section 43-4511, whichever is earlier. Post-adoption and post-guardianship case management services under this section shall be administered by the Division of Children and Family Services and shall be evaluated. The evaluation shall include, but not be limited to, the number and percentage of persons receiving such services and the degree of problem resolution reported by families receiving such services.Source  Laws 2009, LB603,  8;  Laws 2014, LB908,  9;  Laws 2015, LB243,  25.  
71-8240.  Department; statewide duties.The department shall establish and maintain the following on a statewide basis:(1) Trauma system objectives and priorities;(2) Minimum trauma standards for facilities, equipment, and personnel for advanced, basic, comprehensive, and general level trauma centers and specialty level burn or pediatric trauma centers;(3) Minimum standards for facilities, equipment, and personnel for advanced, intermediate, and general level rehabilitation centers;(4) Minimum trauma standards for the development of facility patient care protocols;(5) Trauma care regions as provided for in section 71-8250;(6) Recommendations for an effective trauma transportation system;(7) The minimum number of hospitals and health care facilities in the state and within each trauma care region that may provide designated trauma care services based upon approved regional trauma plans;(8) The minimum number of prehospital or emergency care providers in the state and within each trauma care region that may provide trauma care services based upon approved regional trauma plans;(9) A format for submission of the regional trauma plans to the department;(10) A program for emergency medical services and trauma care research and development;(11) Review and approve regional trauma plans;(12) The initial designation of hospitals and health care facilities to provide designated trauma care services in accordance with needs identified in the approved regional trauma plan; and(13) The trauma implementation plan incorporating the regional trauma plans.Source  Laws 1997, LB 626,  40;  Laws 2009, LB195,  101;  Laws 2015, LB46,  9;  Laws 2020, LB1002,  53.  
71-8241.  Department; coordination.The department shall coordinate the statewide trauma system to assure integration and smooth operation among the trauma care regions and facilitate coordination of the State Trauma Advisory Board and the Board of Emergency Medical Services to monitor the system.Source Laws 1997, LB 626,  41. 
71-8242.  Department; startup activities; duties.The department shall:(1) Purchase and maintain the statewide trauma registry pursuant to section 71-8248 to assess the effectiveness of trauma delivery and modify standards and other requirements of the statewide trauma system, to improve the provision of emergency medical services and trauma care;(2) Develop patient outcome measures to assess the effectiveness of trauma care in the system;(3) Develop standards for regional trauma care quality assurance programs; and(4) Coordinate and develop trauma prevention and education programs.The department shall administer funding allocated to the department for the purpose of creating, maintaining, or enhancing the statewide trauma system.Source  Laws 1997, LB 626,  42;  Laws 2009, LB195,  102. 
71-8243.  Centers; categorized; requirements.Designated trauma centers and rehabilitation centers that receive trauma patients shall be categorized according to designation under the Statewide Trauma System Act. All levels of centers shall follow federal regulation guidelines and established referral patterns, as appropriate, to facilitate a seamless patient-flow system.Source  Laws 1997, LB 626,  43;  Laws 1999, LB 594,  65;  Laws 2009, LB195,  103. 
71-8244.  Designated center; requirements; request; appeal; revocation or suspension; notice; hearing.(1) Any hospital, facility, rehabilitation center, or specialty level burn or pediatric trauma center that desires to be a designated center shall request designation from the department whereby each agrees to maintain a level of commitment and resources sufficient to meet responsibilities and standards required by the statewide trauma system. The department shall determine by rule and regulation the manner and form of such requests.(2) Upon receiving a request, the department shall review the request to determine whether there is compliance with standards for the trauma care level for which designation is desired or whether the appropriate verification or accreditation documentation has been submitted. Any hospital, facility, rehabilitation center, or specialty level burn or pediatric trauma center which submits verification or accreditation documentation from a recognized independent verification or accreditation body or public agency with standards that are at least as stringent as those of the State of Nebraska for the trauma care level for which designation is desired as determined by the State Trauma Advisory Board shall be designated by the department and shall be included in the trauma system or plan established under the Statewide Trauma System Act. Any medical facility that is currently verified or accredited shall be designated by the department at the corresponding level of designation for the same time period in Nebraska without the necessity of an onsite review by the department.(3) Any medical facility applying for designation may appeal its designation. The appeal shall be in accordance with the Administrative Procedure Act.(4) Except as otherwise provided in subsection (2) of this section, designation is valid for a period of four years and is renewable upon receipt of a request from the medical facility for renewal prior to expiration.(5) Regional trauma advisory boards shall be notified promptly of designated medical facilities in their region so they may incorporate them into the regional plan.(6) The department may revoke or suspend a designation if it determines that the medical facility is substantially out of compliance with the standards and has refused or been unable to comply after a reasonable period of time has elapsed. The department shall promptly notify the regional trauma advisory board of designation suspensions and revocations. Any rehabilitation or trauma center the designation of which has been revoked or suspended may request a hearing to review the action of the department.Source  Laws 1997, LB 626,  44;  Laws 2009, LB195,  104;  Laws 2015, LB46,  10.  Cross References  Administrative Procedure Act, see section 84-920.
71-8245.  Onsite reviews; applicant; duties; confidentiality; fees.(1) As part of the process to designate and renew the designation of hospitals and health care facilities as advanced, basic, comprehensive, or general level trauma centers, the department may contract for onsite reviews of such hospitals and health care facilities to determine compliance with required standards. As part of the process to designate a health care facility as a general, an intermediate, or an advanced level rehabilitation center or a specialty level burn or pediatric trauma center, the applicant shall submit to the department documentation of current verification or accreditation.(2) Members of onsite review teams and staff included in onsite visits shall not divulge and cannot be subpoenaed to divulge information obtained or reports written pursuant to this section in any civil action, except pursuant to a court order which provides for the protection of sensitive information of interested parties, including the department:(a) In actions arising out of the designation of a hospital or health care facility pursuant to section 71-8244;(b) In actions arising out of the revocation or suspension of a designation under such section; or(c) In actions arising out of the restriction or revocation of the clinical or staff privileges of a health care provider, subject to any further restrictions on disclosure that may apply.(3) Information that identifies an individual patient shall not be publicly disclosed without the patient's consent.(4) When a medical facility requests designation for more than one service, the department may coordinate the joint consideration of such requests. Composition and qualification of the designation team shall be set forth in rules and regulations adopted under the Statewide Trauma System Act. Reports prepared pursuant to this section shall not be considered public records.(5) The department may establish fees to defray the costs of carrying out onsite reviews required by this section, but such fees shall not be assessed to health care facilities designated as basic or general level trauma centers.(6) This section does not restrict the authority of a hospital or a health care provider to provide services which it has been authorized to provide by state law.Source  Laws 1997, LB 626,  45;  Laws 2009, LB195,  105;  Laws 2015, LB46,  11.  
71-8246.  Regional trauma system; department; duties.The department shall develop the regional trauma system. The department shall:(1) Assess and analyze regional trauma care needs;(2) Identify personnel, agencies, facilities, equipment, training, and education needed to meet regional needs;(3) Identify specific activities necessary to meet statewide standards and patient care outcomes and develop a plan of implementation for regional compliance;(4) Promote agreements with providers outside the region to facilitate patient transfer;(5) Establish a regional budget;(6) Establish the minimum number and level of facilities to be designated which are consistent with state standards and based upon availability of resources and the distribution of trauma within the region; and(7) Include other specific elements defined by the department.Source  Laws 1997, LB 626,  46;  Laws 2009, LB195,  106. 
71-8247.  Regional trauma system quality assurance program; established.In each trauma region, a regional trauma system quality assurance program shall be established by the health care facilities designated as advanced, basic, comprehensive, and general level trauma centers. The quality assurance program shall evaluate trauma data quality, trauma care delivery, patient care outcomes, and compliance with the Statewide Trauma System Act. The regional medical director and all health care providers and facilities which provide trauma care services within the region shall be invited to participate in the quality assurance program.Source  Laws 1997, LB 626,  47;  Laws 2009, LB195,  107. 
71-8248.  Statewide trauma registry.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.Source  Laws 1997, LB 626,  48;  Laws 2009, LB195,  108;  Laws 2015, LB46,  12;  Laws 2020, LB1002,  54.  
71-8249.  Statewide trauma registry; data; confidentiality.(1) All data collected under section 71-8248 shall be held confidential pursuant to sections 81-663 to 81-675. Confidential patient medical record data shall only be released as (a) Class I, II, or IV medical records under sections 81-663 to 81-675, (b) aggregate or case-specific data to the regional trauma system quality assurance program and the regional trauma advisory boards, (c) protected health information to a public health authority, as such terms are defined under the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2008, and (d) protected health information, as defined under the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2008, to an emergency medical service, to an emergency care provider, to a licensed health care facility, or to a center that will treat or has treated a specific patient.A record may be shared with the emergency medical service, the emergency care provider, the licensed health care facility, or center that reported that specific record.(2) Patient care quality assurance proceedings, records, and reports developed pursuant to this section and section 71-8248 are confidential and are not subject to discovery by subpoena or admissible as evidence in any civil action, except pursuant to a court order which provides for the protection of sensitive information of interested parties, including the department, pursuant to section 25-12,123.Source  Laws 1997, LB 626,  49;  Laws 2007, LB185,  46;  Laws 2008, LB797,  27;  Laws 2020, LB1002,  55.  
71-8250.  Trauma care regions; designated.The department shall designate trauma care regions so that all parts of the state are within such a region.Source  Laws 1997, LB 626,  50;  Laws 2003, LB 467,  2.  
71-8251.  Regional trauma advisory boards; established; members; expenses.The department shall establish a regional trauma advisory board within each trauma care region. The department shall appoint members, to be comprised of a balance of hospital representatives and emergency care providers, local elected officials, consumers, local law enforcement representatives, and local government agencies involved in the delivery of emergency medical services and trauma care recommended by the local emergency medical services providers and medical facilities located within the region. All members of the board may be reimbursed for expenses incurred in the performance of their duties as such members pursuant to sections 81-1174 to 81-1177.Source  Laws 1997, LB 626,  51;  Laws 2020, LB381,  74;  Laws 2020, LB1002,  56.  
71-8252.  Regional trauma advisory boards; powers and duties.The regional trauma advisory boards:(1) Shall advise the department on matters relating to the delivery of trauma care services within the trauma care region;(2) Shall evaluate data and provide analysis required by the department to assess the effectiveness of the statewide trauma system; and(3) May apply for, receive, and accept gifts and other payments, including property and services, from any governmental or other public or private entity or person and may make arrangements as to the use of these receipts, including any activities related to the design, maintenance, or enhancements of the statewide trauma system in the trauma care region. Regional trauma advisory boards shall report in the regional budget the amount, source, and purpose of all gifts and payments.Source  Laws 1997, LB 626,  52;  Laws 2007, LB185,  47. 
71-8253.  Act; how construed.(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.Source  Laws 1997, LB 626,  53;  Laws 2007, LB463,  1305;  Laws 2020, LB1002,  57.  Cross References  Emergency Medical Services Practice Act, see section 38-1201.
71-826.  Legislative intent regarding appropriations; allocation.It is the intent of the Legislature to appropriate from the General Fund five hundred thousand dollars for fiscal year 2009-10 and one million dollars for fiscal year 2010-11 to the Department of Health and Human Services  Behavioral Health, Program 38, Behavioral Health Aid, for behavioral health services for children under the Nebraska Behavioral Health Services Act, including, but not limited to, the expansion of the Professional Partner Program and services provided using a sliding-fee schedule. General Funds appropriated pursuant to this section shall be excluded from the calculation of county matching funds under subsection (3) of section 71-808, shall be allocated to the regional behavioral health authorities, and shall be distributed based on the 2008 allocation formula. For purposes of this section, children means Nebraska residents under nineteen years of age.Source Laws 2009, LB603,  10.
71-828.  Behavioral Health Workforce Act; act, how cited.Sections 71-828 to 71-830 shall be known and may be cited as the Behavioral Health Workforce Act.Source Laws 2009, LB603,  12.
71-829.  Legislative findings and declarations.The Legislature hereby finds and declares that:(1) Ninety-five percent of counties in Nebraska are classified as behavioral health profession shortage areas by the federal Health Resources and Services Administration and the Nebraska Department of Health and Human Services;(2) There are severe behavioral health workforce shortages in rural and underserved areas of the state which negatively impact access to appropriate behavioral health services for Nebraska residents; and(3) Nebraska must act to address immediate needs and implement long-term strategies to alleviate education, recruitment, and retention challenges in the behavioral health field.Source  Laws 2009, LB603,  13;  Laws 2022, LB1068,  1.   Effective Date: April 19, 2022  
71-830.  Behavioral Health Education Center; created; administration; duties; report.(1) The Behavioral Health Education Center is created and shall be administered by the University of Nebraska Medical Center.(2) The center shall:(a)(i) Provide funds for up to ten additional medical residents, physician assistants, or psychiatric nurse practitioners in a Nebraska-based psychiatry program each year. The center shall provide psychiatric training experiences that serve rural Nebraska and other underserved areas. As part of the training experience, each center-funded resident, physician assistant, or psychiatric nurse practitioner shall participate in the rural training for a minimum of three months. A minimum of three of the ten center-funded residents, physician assistants, or psychiatric nurse practitioners shall be active in the rural training each year;(ii) Provide funds for up to twelve one-year doctoral-level psychology internships in Nebraska. The interns shall be placed in communities so as to increase access to behavioral health services for patients residing in rural and underserved areas of Nebraska; and(iii) Provide funds for up to ten one-year mental health therapist internships or practicums in Nebraska. The trainees shall be placed in rural and underserved communities in order to increase access to behavioral health services for patients residing in such areas of Nebraska;(b) Focus on the training of behavioral health professionals in telehealth techniques, including taking advantage of a telehealth network that exists, and other innovative means of care delivery in order to increase access to behavioral health services for all Nebraskans;(c) Analyze the geographic and demographic availability of Nebraska behavioral health professionals, including psychiatrists, social workers, community rehabilitation workers, psychologists, substance abuse counselors, licensed mental health practitioners, behavioral analysts, peer support providers, primary care physicians, nurses, nurse practitioners, pharmacists, and physician assistants;(d) Prioritize the need for additional professionals by type and location;(e) Establish learning collaborative partnerships with other higher education institutions in the state, hospitals, law enforcement, community-based agencies, school districts, and consumers and their families in order to develop evidence-based, recovery-focused, interdisciplinary curricula and training for behavioral health professionals delivering behavioral health services in community-based agencies, hospitals, and law enforcement. Development and dissemination of such curricula and training shall address the identified priority needs for behavioral health professionals;(f) Establish and operate six interdisciplinary behavioral health training sites. Four of the six sites shall be in counties with a population of fewer than fifty thousand inhabitants. Each site shall provide annual interdisciplinary training opportunities for a minimum of six behavioral health professionals; and(g) Educate behavioral health providers and facilities to integrate behavioral health care into primary care practice and licensed health care facilities in order to place well-trained behavioral health providers into primary care practices, behavioral health practices, and rural hospitals for the purpose of increasing access to behavioral health services.(3) No later than December 1 of every odd-numbered year, the center shall prepare a report of its activities under the Behavioral Health Workforce Act. The report shall be filed electronically with the Clerk of the Legislature and shall be provided electronically to any member of the Legislature upon request.Source  Laws 2009, LB603,  14;  Laws 2012, LB782,  109;  Laws 2014, LB901,  1;  Laws 2022, LB1068,  2.   Effective Date: April 19, 2022  
71-8301.  Legislative intent.It is the intent of the Legislature that quality health care services and human services be provided to all citizens of the state, that basic standards be developed to promote safe and adequate care of individuals in health care services facilities and human services facilities, that categories of facilities be regulated by the state solely for the purpose of protecting the public from unreasonable harm or danger, and that categories of facilities be regulated by the state only when it is demonstrated that regulation is in the best interest of the public.The purposes of sections 71-8301 to 71-8314 are to establish criteria that provide for the determination of what categories of facilities should be regulated, to develop a quality improvement mechanism which would periodically examine and reexamine the laws, regulations, processes, and results of the facility regulation system, to establish a facility regulation system based on meaningful results, including quality indicators, and to assure that the development, application, and implementation of the facility regulation system is consistent and uniform.Source Laws 1998, LB 1073,  107. 
71-8302.  Definitions, where found.For purposes of sections 71-8301 to 71-8314, the definitions found in sections 71-8303 to 71-8307 are used.Source Laws 1998, LB 1073,  108. 
71-8303.  Credentialing, defined.Credentialing means the totality of the licensure processes associated with obtaining a license or changing aspects of an existing license.Source Laws 1998, LB 1073,  109. 
71-8304.  Facility, defined.Facility means any organization which provides health care services or human services to members of the general public.Source Laws 1998, LB 1073,  110. 
71-8305.  Health care services, defined.Health care services means services associated with the diagnosis and treatment of physical, mental, or emotional injury or illness or the prevention, rehabilitation, or continuing care related to health problems.Source Laws 1998, LB 1073,  111. 
71-8306.  Human services, defined.Human services means services that assist individuals in the conduct of daily living and includes the provision of food and shelter, a minimum amount of such assistance and personal care, and health-related services for individuals who are in need of a protected environment but who are otherwise able to manage normal activities of daily living.Source Laws 1998, LB 1073,  112. 
71-8307.  Licensure, defined.Licensure means the permission granted by the state to provide health care services or human services to the public which would otherwise be unlawful without such permission and which is granted to facilities which meet prerequisite qualifications pertinent to public health, safety, and welfare.Source Laws 1998, LB 1073,  113. 
71-8308.  Facilities not previously licensed; credentialing; when.Credentialing of categories of facilities not previously licensed should occur only when:(1) Credentialing is necessary to prevent harm or endangerment to the public health, safety, or welfare and the potential for the harm or endangerment is easily recognizable and not remote or dependent upon tenuous argument;(2) Credentialing would not significantly diminish the supply of qualified providers or would not otherwise diminish the public's access to needed services; and(3) There is no more cost-effective means of protecting the public from harm than credentialing.Source Laws 1998, LB 1073,  114. 
71-8309.  Facilities not previously licensed; legislative intent.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.Source Laws 1998, LB 1073,  115. 
71-831.  Transferred to section 68-995.
71-8310.  Currently licensed facilities; changes in credentialing; when.Changes in the credentialing of categories of currently licensed facilities should occur only when:(1) Credentialing is not needed to ensure the protection of the public health, safety, or welfare or the then current rules and regulations or statutory provisions are not providing adequate protection of the public health, safety, or welfare;(2) Credentialing has been more detrimental than beneficial to the public health, safety, or welfare by diminishing the supply of qualified providers or the public's access to needed services; or(3) There are more cost-effective means of protecting the public from harm than credentialing.Source Laws 1998, LB 1073,  116. 
71-8311.  Currently licensed facilities; legislative intent.If the Legislature finds that it is necessary for the protection of the public to make changes in the statutes regulating categories of facilities after reviewing the criteria in section 71-8310 and considering governmental and societal costs and benefits, it is the intent of the Legislature that changes be implemented which are the least restrictive regulatory provisions consistent with protecting the public health, safety, and welfare.Source Laws 1998, LB 1073,  117. 
71-8312.  Facility regulation system; periodic review.The Department of Health and Human Services shall periodically examine and reexamine the regulations, processes, and results of the facility regulation system. Changes in the facility regulation system should occur whenever the department finds that:(1) A program or procedure is not needed to ensure the protection of the public health, safety, or welfare or a program or procedure is not providing adequate protection of the public health, safety, or welfare;(2) A program or procedure has been more detrimental than beneficial to the fulfillment of the department's regulatory responsibilities as defined by law or has diminished the supply of qualified providers or the public's access to needed services; or(3) There are alternatives to a program or procedure that would more cost effectively fulfill the department's duties and responsibilities.Source  Laws 1998, LB 1073,  118;  Laws 2007, LB296,  693. 
71-8313.  Department; credentialing recommendations.The Department of Health and Human Services shall review the regulation or proposed regulation of categories of facilities based on the criteria in sections 71-8301 to 71-8314. On or before November 1 of each year, the department shall provide the Legislature electronically with recommendations for credentialing of categories of facilities not previously regulated and changes in the statutes governing the credentialing of categories of facilities.Source  Laws 1998, LB 1073,  119;  Laws 2007, LB296,  694;  Laws 2012, LB782,  126. 
71-8314.  Sections; how construed.Nothing in sections 71-8301 to 71-8314 is intended to authorize any certificate of need activities for facilities or to authorize the licensure of private practice health care services offices.Source Laws 1998, LB 1073,  120. 
71-8401.  Legislative findings.The Legislature finds that medical records contain personal and sensitive information that if improperly used or released may do significant harm to a patient's interests. Patients need access to their own medical records as a matter of fairness to enable them to make informed decisions about their health care and correct inaccurate or incomplete information about themselves.Source Laws 1999, LB 17,  1. 
71-8402.  Terms, defined.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.Source  Laws 1999, LB 17,  2;  Laws 2007, LB247,  56;  Laws 2007, LB463,  1306;  Laws 2022, LB752,  29.   Effective Date: July 21, 2022  Cross References   Licensed Professional Counselors Interstate Compact, see section 38-4201.  Mental Health Practice Act, see section 38-2101. 
71-8403.  Access to medical records.(1) A patient may request a copy of the patient's medical records or may request to examine such records. Access to such records shall be provided upon request pursuant to sections 71-8401 to 71-8407, except that mental health medical records may be withheld if any treating physician, psychologist, or mental health practitioner determines in his or her professional opinion that release of the records would not be in the best interest of the patient unless the release is required by court order. The request and any authorization shall be in writing. If an authorization does not contain an expiration date or specify an event the occurrence of which causes the authorization to expire, the authorization shall expire twelve months after the date the authorization was executed by the patient.(2) Upon receiving a written request for a copy of the patient's medical records under subsection (1) of this section, the provider shall furnish the person making the request a copy of such records not later than thirty days after the written request is received.(3) Upon receiving a written request to examine the patient's medical records under subsection (1) of this section, the provider shall, as promptly as required under the circumstances but no later than ten days after receiving the request: (a) Make the medical records available for examination during regular business hours; (b) inform the patient if the records do not exist or cannot be found; (c) if the provider does not maintain the records, inform the patient of the name and address of the provider who maintains such records, if known; or (d) if unusual circumstances have delayed handling the request, inform the patient in writing of the reasons for the delay and the earliest date, not later than twenty-one days after receiving the request, when the records will be available for examination. The provider shall furnish a copy of medical records to the patient as provided in subsection (2) of this section if requested.(4) This section does not require the retention of records or impose liability for the destruction of records in the ordinary course of business prior to receipt of a request made under subsection (1) of this section. A provider shall not be required to disclose confidential information in any medical record concerning another patient or family member who has not consented to the release of the record.Source  Laws 1999, LB 17,  3;  Laws 2010, LB849,  28. 
71-8404.  Access; charges.Except as provided in sections 71-8405 and 71-8407, for medical records provided under section 71-8403 or under subpoena by a patient or his or her authorized representative a provider may charge no more than twenty dollars as a handling fee and may charge no more than fifty cents per page as a copying fee. A provider may charge for the reasonable cost of all duplications of medical records which cannot routinely be copied or duplicated on a standard photocopy machine. A provider may charge an amount necessary to cover the cost of labor and materials for furnishing a copy of an X-ray or similar special medical record. If the provider does not have the ability to reproduce X-rays or other records requested, the person making the request may arrange, at his or her expense, for the reproduction of such records.Source Laws 1999, LB 17,  4. 
71-8405.  Charges; exemptions.(1) A provider shall not charge a fee for medical records requested by a patient for use in supporting an application for disability or other benefits or assistance or an appeal relating to the denial of such benefits or assistance under:(a) Sections 43-501 to 43-536 regarding assistance for certain children;(b) The Medical Assistance Act relating to the medical assistance program;(c) Title II of the federal Social Security Act, as amended, 42 U.S.C. 401 et seq.;(d) Title XVI of the federal Social Security Act, as amended, 42 U.S.C. 1382 et seq.; or(e) Title XVIII of the federal Social Security Act, as amended, 42 U.S.C. 1395 et seq.(2) Unless otherwise provided by law, a provider may charge a fee as provided in section 71-8404 for the medical records of a patient requested by a state or federal agency in relation to the patient's application for benefits or assistance or an appeal relating to denial of such benefits or assistance under subsection (1) of this section.(3) A request for medical records under this section shall include a statement or document from the department or agency that administers the issuance of the assistance or benefits which confirms the application or appeal.Source  Laws 1999, LB 17,  5;  Laws 2006, LB 1248,  81.  Cross References  Medical Assistance Act, see section 68-901.
71-8406.  Provider; immunity.A provider who transfers or submits information in good faith to a patient's medical record shall not be liable in damages to the patient or any other person for the disclosure of such medical records as provided in sections 71-8401 to 71-8407.Source Laws 1999, LB 17,  6. 
71-8407.  Sections; applicability.Sections 71-8401 to 71-8407 do not apply to the release of medical records under the Nebraska Workers' Compensation Act.Source Laws 1999, LB 17,  7. Cross References  Nebraska Workers' Compensation Act, see section 48-1,110.
71-8501.  Act, how cited.Sections 71-8501 to 71-8508 shall be known and may be cited as the Nebraska Telehealth Act.Source Laws 1999, LB 559,  1. 
71-8502.  Legislative findings.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.Source Laws 1999, LB 559,  2. 
71-8503.  Terms, defined.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.Source  Laws 1999, LB 559,  3;  Laws 2007, LB296,  695;  Laws 2014, LB1076,  1;  Laws 2021, LB400,  3.  
71-8504.  Act; how construed.The Nebraska Telehealth Act does not: (1) Alter the scope of practice of any health care practitioner; (2) authorize the delivery of health care services in a setting or manner not otherwise authorized by law; or (3) limit a patient's right to choose in-person contact with a health care practitioner for the delivery of health care services for which telehealth is available.Source Laws 1999, LB 559,  4. 
71-8505.  Written information; signed statement or verbal consent; requirements.(1) Prior to an initial telehealth consultation under section 71-8506, a health care practitioner who delivers a health care service to a patient through telehealth shall ensure that the following written information is provided to the patient:(a) A statement that the patient retains the option to refuse the telehealth consultation at any time without affecting the patient's right to future care or treatment and without risking the loss or withdrawal of any program benefits to which the patient would otherwise be entitled;(b) A statement that all existing confidentiality protections shall apply to the telehealth consultation;(c) A statement that the patient shall have access to all medical information resulting from the telehealth consultation as provided by law for patient access to his or her medical records; and(d) A statement that dissemination of any patient identifiable images or information from the telehealth consultation to researchers or other entities shall not occur without the written consent of the patient.(2) The patient shall sign a statement prior to or during an initial telehealth consultation, or give verbal consent during the telehealth consultation, indicating that the patient understands the written information provided pursuant to subsection (1) of this section and that this information has been discussed with the health care practitioner or the practitioner's designee. The signed statement may be collected by paper or electronic signature and shall become a part of the patient's medical record. If the patient gives verbal consent during the initial telehealth consultation, the signed statement shall be collected within ten days after such telehealth consultation.(3) If the patient is a minor or is incapacitated or mentally incompetent such that he or she is unable to sign the statement or give verbal consent as required by subsection (2) of this section, such statement shall be signed, or such verbal consent given, by the patient's legally authorized representative.(4) This section shall not apply in an emergency situation in which the patient is unable to sign the statement or give verbal consent as required by subsection (2) of this section and the patient's legally authorized representative is unavailable.Source  Laws 1999, LB 559,  5;  Laws 2021, LB400,  4.  
71-8506.  Medical assistance program; reimbursement; requirements.(1) In-person contact between a health care practitioner and a patient shall not be required under the medical assistance program established pursuant to the Medical Assistance Act and Title XXI of the federal Social Security Act, as amended, for health care services delivered through telehealth that are otherwise eligible for reimbursement under such program and federal act. Such services shall be subject to reimbursement policies developed pursuant to such program and federal act. This section also applies to managed care plans which contract with the department pursuant to the Medical Assistance Act only to the extent that:(a) Health care services delivered through telehealth are covered by and reimbursed under the medicaid fee-for-service program; and(b) Managed care contracts with managed care plans are amended to add coverage of health care services delivered through telehealth and any appropriate capitation rate adjustments are incorporated.(2) The reimbursement rate for a telehealth consultation shall, as a minimum, be set at the same rate as the medical assistance program rate for a comparable in-person consultation, and the rate shall not depend on the distance between the health care practitioner and the patient.(3) The department shall establish rates for transmission cost reimbursement for telehealth consultations, considering, to the extent applicable, reductions in travel costs by health care practitioners and patients to deliver or to access health care services and such other factors as the department deems relevant. Such rates shall include reimbursement for all two-way, real-time, interactive communications, unless provided by an Internet service provider, between the patient and the physician or health care practitioner at the distant site which comply with the federal Health Insurance Portability and Accountability Act of 1996 and rules and regulations adopted thereunder and with regulations relating to encryption adopted by the federal Centers for Medicare and Medicaid Services and which satisfy federal requirements relating to efficiency, economy, and quality of care.Source  Laws 1999, LB 559,  6;  Laws 2006, LB 1248,  82;  Laws 2013, LB556,  6;  Laws 2014, LB1076,  2. Cross References  Medical Assistance Act, see section 68-901.
71-8507.  Health care facility; duties.A health care facility licensed under the Health Care Facility Licensure Act that receives reimbursement under the Nebraska Telehealth Act for telehealth consultations shall establish quality of care protocols and patient confidentiality guidelines to ensure that such consultations meet the requirements of the act and acceptable patient care standards.Source  Laws 1999, LB 559,  7;  Laws 2000, LB 819,  147.  Cross References  Health Care Facility Licensure Act, see section 71-401.
71-8508.  Rules and regulations.The department shall adopt and promulgate rules and regulations to carry out the Nebraska Telehealth Act, including, but not limited to, rules and regulations to: (1) Ensure the provision of appropriate care to patients; (2) prevent fraud and abuse; and (3) establish necessary methods and procedures.Source  Laws 1999, LB 559,  8;  Laws 2014, LB1076,  3. 
71-8509.  Telehealth services for children's behavioral health; rules and regulations; terms, defined.(1) The Department of Health and Human Services shall adopt and promulgate rules and regulations providing for telehealth services for children's behavioral health. Such rules and regulations relate specifically to children's behavioral health and are in addition to the Nebraska Telehealth Act.For purposes of sections 71-8509 to 71-8512, child means a person under nineteen years of age.(2) The rules and regulations required pursuant to subsection (1) of this section shall include, but not be limited to:(a) An appropriately trained staff member or employee familiar with the child's treatment plan or familiar with the child shall be immediately available in person to the child receiving a telehealth behavioral health service in order to attend to any urgent situation or emergency that may occur during provision of such service. This requirement may be waived by the child's parent or legal guardian; and(b) In cases in which there is a threat that the child may harm himself or herself or others, before an initial telehealth service the health care practitioner shall work with the child and his or her parent or guardian to develop a safety plan. Such plan shall document actions the child, the health care practitioner, and the parent or guardian will take in the event of an emergency or urgent situation occurring during or after the telehealth session. Such plan may include having a staff member or employee familiar with the child's treatment plan immediately available in person to the child, if such measures are deemed necessary by the team developing the safety plan.Source  Laws 2013, LB556,  1;  Laws 2017, LB92,  2.  Cross References  Nebraska Telehealth Act, see section 71-8501.
71-8510.  Behavioral health screenings; legislative intent; optional screening.It is the intent of the Legislature that behavioral health screenings be offered by physicians at the time of childhood physicals. The physician shall explain that such screening is optional. The results of behavioral health screenings and any related documents shall not be included in the child's school record and shall not be provided to the child's school or to any other person or entity without the express consent of the child's parent or legal guardian.Source Laws 2013, LB556,  2.
71-8511.  Behavioral Health Education Center; duties.The Behavioral Health Education Center created pursuant to section 71-830 shall provide education and training for educators on children's behavioral health in the areas of the state served by the Behavioral Health Screening and Referral Pilot Program created pursuant to section 71-8512.Source Laws 2013, LB556,  3.
71-8512.  Behavioral Health Screening and Referral Pilot Program; created by University of Nebraska Medical Center; clinics; selection; collection of data; evaluation; termination of section.(1) The University of Nebraska Medical Center shall create the Behavioral Health Screening and Referral Pilot Program. The pilot program shall utilize a strategy of screening and behavioral health intervention in coordination with the regional behavioral health authorities established pursuant to section 71-808 in which the clinics identified under subsection (2) of this section are located. It is the intent of the Legislature that the pilot program demonstrate a method of addressing the unmet emotional or behavioral health needs of children that can be replicated statewide. Under the pilot program, behavioral health screening will be offered: (a) In primary care providers' offices during examinations under the early and periodic screening, diagnosis, and treatment services program pursuant to 42 U.S.C. 1396d(r), as such section existed on January 1, 2013; or (b) upon request from parents or legal guardians who have concerns about a child's behavioral health.(2) Three clinics shall be selected to serve as sites for the pilot program, including at least one rural and one urban clinic. Selected clinics shall have child psychologists integrated in the pediatric practice of the clinics. Parents or legal guardians of children participating in the pilot program shall be offered routine mental and behavioral health screening for their child during required physical examinations or at the request of a parent or legal guardian. Behavioral health screening shall be administered by clinic staff and interpreted by the psychiatrist, psychiatric nurse practitioner, psychologist, or licensed mental health practitioner and the child's primary care physician.(3) Children identified through such screenings as being at risk may be referred for further evaluation and diagnosis as indicated. If intervention is required, the primary care medical team, including the psychologist and the primary care physician, shall develop a treatment plan collaboratively with the parent or legal guardian and any other individuals identified by the parent or legal guardian. If appropriate, the child shall receive behavioral therapy, medication, or combination therapy within the primary care practice setting.(4) Consultation via telephone or telehealth with faculty and staff of the departments of Child and Adolescent Psychiatry, Psychiatric Nursing, and Developmental Pediatrics, and the Munroe-Meyer Institute Psychology Department, of the University of Nebraska Medical Center shall be available to the primary care practice and the children as needed to manage the care of children with mental or behavioral health issues that require more specialized care than can be provided by the primary care practice.(5) Data on the pilot program shall be collected and evaluated by the Interdisciplinary Center for Program Evaluation at the Munroe-Meyer Institute of the University of Nebraska Medical Center. Evaluation of the pilot program shall include, but not be limited to:(a) The number of referrals for behavioral health screening under the pilot program;(b) Whether each referral is initiated by a parent, a school, or a physician;(c) The number of children and adolescents recommended for further psychological assessment after screening for a possible behavioral health disorder;(d) The number and type of further psychological assessments of children and adolescents recommended and conducted;(e) The number and type of behavioral health disorders in children and adolescents diagnosed as a result of a further psychological assessment following a behavioral health screening under the pilot program;(f) The number and types of referrals of children and adolescents for behavioral health treatment from primary care medical practitioners;(g) The number of children and adolescents successfully treated for a behavioral health disorder based upon patient reports, parent ratings, and academic records;(h) The number and type of referrals of children and adolescents to psychiatric backup services at the University of Nebraska Medical Center;(i) The number of children and adolescents diagnosed with a behavioral health disorder who are successfully managed or treated through psychiatric backup services from the University of Nebraska Medical Center;(j) The number and types of medications, consultations, or prescriptions ordered by psychiatric nurse practitioners for children and adolescents;(k) The number of referrals of children and adolescents for severe behavioral health disorders and consultations to child psychiatrists, developmental pediatricians, or psychologists specializing in treatment of adolescents;(l) The number of children and adolescents referred to psychiatric hospitals or emergency departments of acute care hospitals for treatment for dangerous or suicidal behavior;(m) The number of children and adolescents prescribed psychotropic medications and the types of such psychotropic medications; and(n) Data collection on program costs and financial impact as related to capacity for replication in other primary care practices. Primary program costs include physician and psychologist time for conducting screenings, family interviews, further testing, and specialist consulting costs relating to consulting services by psychiatric nurses, developmental pediatricians, and psychologists. Treatment or medications paid by private insurance, the medical assistance program, or the State Children's Health Insurance Program shall not be included in program costs pursuant to this subdivision.(6) This section terminates two years after September 6, 2015.Source  Laws 2013, LB556,  4;  Laws 2015, LB240,  1.  
71-8601.  Act, how cited.Sections 71-8601 to 71-8616 shall be known and may be cited as the Commission for the Blind and Visually Impaired Act.Source  Laws 2000, LB 352,  1;  Laws 2007, LB445,  1. 
71-8602.  Purposes of act.The purposes of the Commission for the Blind and Visually Impaired Act are to assist blind persons in gaining remunerative employment, to enlarge economic opportunities for blind persons, to increase the available occupational range and diversity for blind persons, and to stimulate other efforts that aid blind persons in becoming self-supporting.Source Laws 2000, LB 352,  2. 
71-8603.  Terms, defined.For purposes of the Commission for the Blind and Visually Impaired Act:(1) Blind person means:(a) A person having sight which is so defective as to seriously limit his or her ability to engage in the ordinary vocations and activities of life; or(b) A person, to be eligible and licensed as a blind vending facility operator under section 71-8611:(i) Having no greater than 20/200 central visual acuity in the better eye after correction; or(ii) Having an equally disabling loss of the visual field in which the widest diameter of the visual field subtends an angle no greater than twenty degrees;(2) Board means the governing board of the commission;(3) Certified vocational rehabilitation counselor for the blind means a person who is certified to practice vocational rehabilitation counseling for blind persons and holds a certificate issued by the commission;(4) Commission means the Commission for the Blind and Visually Impaired;(5) Committee of Blind Vendors means the committee created pursuant to 20 U.S.C. 107b-1;(6) State workforce investment board means the board authorized by the federal Workforce Investment Act of 1998 and established in Nebraska;(7) Vending facility means:(a) Cafeterias, snackbars, cart services, shelters, counters, shelving, display and wall cases, refrigerating apparatus, and other appropriate auxiliary equipment necessary for the vending of articles approved by the office, agency, or person having control of the property on which the vending facility is located; and(b) Manual or coin-operated vending machines or similar devices for vending articles approved by the office, agency, or person having control of the property on which the vending facility is located;(8) Vending facility program means the program established and maintained pursuant to section 71-8611; and(9) Vocational rehabilitation counseling for the blind means the process implemented by a person who operates a comprehensive and coordinated program designed to assist blind persons to gain remunerative employment, to enlarge economic opportunities for blind persons, to increase the available occupational range and diversity for blind persons, and to stimulate other efforts that aid blind persons in becoming self-supporting.Source  Laws 2000, LB 352,  3;  Laws 2005, LB 55,  1;  Laws 2007, LB445,  2. 
71-8604.  Commission for the Blind and Visually Impaired; created; per diem; expenses.(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.Source  Laws 2000, LB 352,  4;  Laws 2020, LB381,  75.  
71-8605.  Commission; director; employees.(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.Source   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.  
71-8607.  Commission; powers and duties.(1) The commission shall:(a) Apply for, receive, and administer money from any state or federal agency to be used for purposes relating to blindness, including federal funds relating to vocational rehabilitation of blind persons as provided in subsection (1) of section 71-8610;(b) Receive on behalf of the state any gifts, donations, or bequests from any source to be used in carrying out the purposes of the Commission for the Blind and Visually Impaired Act;(c) Promote self-support of blind persons as provided in sections 71-8608, 71-8609, and 71-8611;(d) Provide itinerant training of alternative skills of blindness, including, but not limited to, braille, the long white cane for independent travel, adaptive technology, and lifestyle maintenance;(e) Establish, equip, and maintain a residential training center with qualified instructors for comprehensive prevocational training of eligible blind persons. The center shall also provide comprehensive independent living training as well as orientation and adjustment counseling for blind persons;(f) Administer and operate a vending facility program in the state, in its capacity as the designated licensing agency pursuant to the federal Randolph-Sheppard Act, as the act existed on January 1, 2019, 20 U.S.C. 107 et seq., for the benefit of blind persons;(g) Contract for the purchase of information services for blind persons; and(h) Perform other duties necessary to fulfill the purposes of the Commission for the Blind and Visually Impaired Act.(2) The commission may perform educational services relating to blindness and may cooperate and consult with other public and private agencies relating to educational issues.Source  Laws 2000, LB 352,  7;  Laws 2019, LB220,  1.  
71-8608.  Promotion of self-support; powers and duties.To promote self-support of blind persons:(1) The commission shall:(a) Provide placement and career development services;(b) Provide prevocational training;(c) Support integration with and access to community-based educational and vocational training opportunities;(d) Implement employer outreach and cultivation; and(e) Develop inservice community-based recruitment and networking resources; and(2) The commission may:(a) Maintain employment databases;(b) Facilitate small business incubation; and(c) Develop recommendations for state contract preferences.Source Laws 2000, LB 352,  8. 
71-8609.  Blindness-related services; qualifications; commission; duties.(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.Source Laws 2000, LB 352,  9. 
71-8610.01.  Certified vocational rehabilitation counselor for the blind; duties.A certified vocational rehabilitation counselor for the blind's duties shall include, but not be limited to, the following:(1) Assist blind persons, their families, groups of blind persons, or employers of blind persons through the counseling relationship to develop understanding, define blindness issues, define goals, plan action, and elevate expectations toward the capability of blind persons with the goal of full-time or part-time employment when appropriate, consistent with each individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;(2) Be responsible for all decisions concerning eligibility for services, the nature and scope of available services, the provision of services, and the determination that a recipient of such services has achieved an employment outcome commensurate with his or her strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;(3) Administer the individualized plan for employment and write the document prepared on forms provided by the commission containing descriptions of a specific employment outcome, the nature and scope of needed services and the entities to provide them, the criteria to evaluate progress toward achievement of employment outcome, and the responsibilities of the program and the recipient of such services;(4) Plan allocation and expenditure of program funds; and(5) Complete referral activities which evaluate data to identify which blind persons or groups of blind persons may be served in conjunction with or by other counselors.Source Laws 2007, LB445,  3. 
71-8610.02.  Vocational rehabilitation counseling for the blind; certified vocational rehabilitation counselor for the blind; certification required; qualifications; continuing competency requirements.(1) No person shall engage in vocational rehabilitation counseling for the blind or hold himself or herself out as a certified vocational rehabilitation counselor for the blind in the state unless he or she is certified for such purpose by the commission.(2) A certified vocational rehabilitation counselor for the blind is not a mental health practitioner.(3) Except as otherwise provided in subsection (5) of this section, a certified vocational rehabilitation counselor for the blind shall have the following qualifications:(a) A bachelor's degree from an appropriate educational program approved by the executive director of the commission;(b) Six hundred hours of intensive training under sleep shades at the commission's orientation training center; and(c) Completion of appropriate training as approved by the executive director.(4) Each certified vocational rehabilitation counselor for the blind shall, in the period since his or her certificate was issued or last renewed, complete continuing competency requirements as set forth by the commission under the executive director's approval.(5) The commission may waive some or all of the requirements of subsection (3) of this section for any person engaged in rehabilitation counseling for the blind on or before September 1, 2007.Source Laws 2007, LB445,  4. 
71-8610.  Vocational rehabilitation services.(1) The commission is authorized to accept the provisions of the federal Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq., and to cooperate with the United States Government in any way necessary to enable the commission to receive federal funds for the vocational rehabilitation of blind persons as provided in such act and the provisions of Titles II and XVI of the federal Social Security Act, as amended, 42 U.S.C. 301 et seq.(2) The commission shall provide vocational rehabilitation services for blind persons, including, but not limited to, prevocational training, maintenance during training, transportation, occupational tools and equipment, vocational training, medical and surgical care and hospitalization, and prosthetic appliances.Source   Laws 1947, c. 332,  2, p. 1050;   Laws 1976, LB 674,  2;  Laws 1979, LB 124,  1;   Laws 1981, LB 336,  1;  Laws 1996, LB 1044,  928;   R.S.1943, (1999),  83-210.02;  Laws 2000, LB 352,  10.  
71-8611.  Vending facilities; license; priority status.For the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of blind persons, and stimulating blind persons to greater efforts in striving to make themselves self-supporting, the commission shall administer and operate vending facilities programs pursuant to the federal Randolph-Sheppard Act, as the act existed on January 1, 2019, 20 U.S.C. 107 et seq. Blind persons licensed by the commission pursuant to its rules and regulations are authorized to operate vending facilities in any federally owned building or on any federally owned or controlled property, in any state-owned building or on any property owned or controlled by the state, or on any property owned or controlled by any county, city, or municipality with the approval of the local governing body, when, in the judgment of the director of the commission, such vending facilities may be properly and satisfactorily operated by blind persons. With respect to vending facilities in any state-owned building or on any property owned or controlled by the state, priority shall be given to blind persons, except that this shall not apply to the Game and Parks Commission or the University of Nebraska. If a blind person is selected to operate vending facilities in such building or on such property, he or she shall do so on a rent-free basis and offer products at prices comparable to similar products sold in similar buildings or on similar property.Source   Laws 1961, c. 443,  1, p. 1363;  Laws 1973, LB 32,  1;   Laws 1976, LB 674,  3;  Laws 1996, LB 1044,  929;   R.S.1943, (1999),  83-210.03;  Laws 2000, LB 352,  11;  Laws 2004, LB 1005,  134;  Laws 2012, LB858,  4;  Laws 2019, LB220,  2.  
71-8612.  Commission for the Blind and Visually Impaired Cash Fund; created; use; investment.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.Source   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. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-8613.  Annual report.The commission shall file an annual report with the Governor and the Clerk of the Legislature, prior to each regular session of the Legislature, which details the activities and expenditures of the commission and shall include separately information related to the activities and expenditures of the vending facility program as well as estimates of anticipated expenditures and anticipated revenue available to the vending facility program from all sources. The report submitted to the Clerk of the Legislature shall be submitted electronically.Source  Laws 2000, LB 352,  13;  Laws 2012, LB782,  127. 
71-8614.  Hearing authorized.The commission shall provide an opportunity for a fair hearing to any person applying for or receiving services who is dissatisfied with any action or failure to act arising from the operation or administration of any service or program authorized under the Commission for the Blind and Visually Impaired Act.Source Laws 2000, LB 352,  14. 
71-8615.  Rules and regulations.The commission shall adopt and promulgate rules and regulations as necessary to implement the purposes of the Commission for the Blind and Visually Impaired Act.Source Laws 2000, LB 352,  15. 
71-8616.  Transfer of property to commission; contracts and agreements; effect.(1) All property, equipment, supplies, and personnel which belonged to, were allocated to, or were used to support the Division of Rehabilitation Services for the Visually Impaired within the Department of Health and Human Services prior to July 1, 2000, are transferred to the Commission for the Blind and Visually Impaired.(2) All existing contracts and agreements in effect on July 1, 2000, as to the Division of Rehabilitation Services for the Visually Impaired within the Department of Health and Human Services are binding and effective upon the Commission for the Blind and Visually Impaired.Source Laws 2000, LB 352,  16. 
71-8701.  Act, how cited.Sections 71-8701 to 71-8722 shall be known and may be cited as the Patient Safety Improvement Act.Source  Laws 2005, LB 361,  1;  Laws 2019, LB25,  2.  
71-8702.  Legislative findings and intent.(1) The Legislature finds that:(a) In 1999, the Institute of Medicine released a report entitled "To Err is Human" that described medical errors as the eighth leading cause of death in the United States;(b) To address these errors, the health care system must be able to create a learning environment in which health care providers and facilities will feel safe reporting adverse health events and near misses in order to improve patient safety;(c) To facilitate the learning environment, health care providers and facilities must have legal protections that will allow them to review protected health information so that they may collaborate in the development and implementation of patient safety improvement strategies;(d) To carry out a program to promote patient safety, a policy should be established which provides for and promotes patient safety organizations; and(e) There are advantages to having private nonprofit corporations act as patient safety organizations rather than a state agency, including the enhanced ability to obtain grants and donations to carry out patient safety improvement programs.(2) It is the intent of the Legislature to encourage the establishment of broad-based patient safety organizations.Source Laws 2005, LB 361,  2. 
71-8703.  Purposes of act.The purposes of the Patient Safety Improvement Act are to (1) encourage a culture of safety and quality by providing for legal protection of information reported for the purposes of quality improvement and patient safety, (2) provide for the reporting of aggregate information about occurrences, and (3) provide for the reporting and sharing of information designed to improve health care delivery systems and reduce the incidence of adverse health events and near misses. The ultimate goal of the act is to ensure the safety of all individuals who seek health care in Nebraska's health care facilities or from Nebraska's health care professionals.Source Laws 2005, LB 361,  3. 
71-8704.  Definitions, where found.For purposes of the Patient Safety Improvement Act, unless the context otherwise requires, the definitions found in sections 71-8705 to 71-8709 apply.Source Laws 2005, LB 361,  4. 
71-8705.  Identifiable information, defined.Identifiable information means information that is presented in a form and manner that allows the identification of any provider, patient, or reporter of patient safety work product. With respect to patients, such information includes any individually identifiable health information as that term is defined in the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as such regulations existed on April 28, 2005.Source Laws 2005, LB 361,  5. 
71-8706.  Nonidentifiable information, defined.Nonidentifiable information means information presented in a form and manner that prevents the identification of any provider, patient, or reporter of patient safety work product. With respect to patients, such information must be de-identified consistent with the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as such regulations existed on April 28, 2005.Source Laws 2005, LB 361,  6. 
71-8707.  Patient safety organization, defined.Patient safety organization means an organization described in section 71-8714 that contracts with one or more providers subject to the Patient Safety Improvement Act and that performs the following activities:(1) The conduct, as the organization's primary activity, of efforts to improve patient safety and the quality of health care delivery;(2) The collection and analysis of patient safety work product that is submitted by providers;(3) The development and dissemination of evidence-based information to providers with respect to improving patient safety, such as recommendations, protocols, or information regarding best practices;(4) The utilization of patient safety work product to carry out activities limited to those described under this section and for the purposes of encouraging a culture of safety and of providing direct feedback and assistance to providers to effectively minimize patient risk;(5) The maintenance of confidentiality with respect to identifiable information;(6) The provision of appropriate security measures with respect to patient safety work product; and(7) The possible submission, if authorized by federal law, of nonidentifiable information to a national patient safety database.Source Laws 2005, LB 361,  7. 
71-8708.  Patient safety work product, defined.(1) Patient safety work product means any data, reports, records, memoranda, analyses, deliberative work, statements, root cause analyses, or quality improvement processes that are:(a) Created or developed by a provider solely for the purposes of reporting to a patient safety organization;(b) Reported to a patient safety organization for patient safety or quality improvement processes;(c) Requested by a patient safety organization, including the contents of such request;(d) Reported to a provider by a patient safety organization;(e) Created by a provider to evaluate corrective actions following a report by or to a patient safety organization;(f) Created or developed by a patient safety organization; or(g) Reported among patient safety organizations after obtaining authorization.(2) Patient safety work product does not include information, documents, or records otherwise available from original sources merely because they were collected for or submitted to a patient safety organization. Patient safety work product also does not include documents, investigations, records, or reports otherwise required by law.(3) Patient safety work product does not include reports and information disclosed pursuant to sections 71-8719 and 71-8720.Source Laws 2005, LB 361,  8. 
71-8709.  Provider, defined.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.Source  Laws 2005, LB 361,  9;  Laws 2007, LB463,  1307. Cross References   Health Care Facility Licensure Act, see section 71-401.  Uniform Credentialing Act, see section 38-101. 
71-8710.  Patient safety work product; confidentiality; use; restrictions.(1) Patient safety work product shall be privileged and confidential.(2) Patient safety work product shall not be:(a) Subject to a civil, criminal, or administrative subpoena or order;(b) Subject to discovery in connection with a civil, criminal, or administrative proceeding;(c) Subject to disclosure pursuant to the Freedom of Information Act, 5 U.S.C. 552, as such act existed on April 28, 2005, or any other similar federal or state law, including sections 84-712 to 84-712.09;(d) Offered in the presence of the jury or other factfinder or received into evidence in any civil, criminal, or administrative proceeding before any local, state, or federal tribunal; or(e) If the patient safety work product is identifiable information and is received by a national accreditation organization in its capacity:(i) Used by a national accreditation organization in an accreditation action against the provider that reported the information;(ii) Shared by such organization with its survey team; or(iii) Required as a condition of accreditation by a national accreditation organization.Source Laws 2005, LB 361,  10. 
71-8711.  Patient safety organization; proceedings and records; restrictions on use; violation; penalty.No person shall disclose the actions, decisions, proceedings, discussions, or deliberations occurring at a meeting of a patient safety organization except to the extent necessary to carry out one or more of the purposes of a patient safety organization. The proceedings and records of a patient safety organization shall not be subject to discovery or introduction into evidence in any civil action against a provider arising out of the matter or matters that are the subject of consideration by a patient safety organization. Information, documents, or records otherwise available from original sources shall not be immune from discovery or use in any civil action merely because they were presented during proceedings of a patient safety organization. This section shall not be construed to prevent a person from testifying to or reporting information obtained independently of the activities of a patient safety organization or which is public information. A person who knowingly violates this section shall be guilty of a Class IV misdemeanor.Source Laws 2005, LB 361,  11. 
71-8712.  Patient safety work product; unlawful use; effect.Any reference to, or offer into evidence in the presence of the jury or other factfinder or admission into evidence of, patient safety work product during any proceeding contrary to the Patient Safety Improvement Act shall constitute grounds for a mistrial or a similar termination of the proceeding and reversible error on appeal from any judgment or order entered in favor of any party who discloses or offers into evidence patient safety work product in violation of the act.Source Laws 2005, LB 361,  12. 
71-8713.  Act; cumulative to other law.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.Source Laws 2005, LB 361,  13. 
71-8714.  Patient safety organization; conditions.A patient safety organization shall meet the following conditions:(1) It shall be a Nebraska nonprofit corporation described in section 501(c)(3) of the Internal Revenue Code as defined in section 49-801.01, contributions to which are deductible under section 170 of the code;(2) The purposes of the organization shall include carrying out the activities of a patient safety organization as described in the Patient Safety Improvement Act; and(3) It shall have a representative board of directors as described in section 71-8715.Source Laws 2005, LB 361,  14. 
71-8715.  Patient safety organization; board of directors; membership.The board of directors of a patient safety organization shall include at least one representative each from a statewide association of Nebraska hospitals, Nebraska physicians and surgeons, Nebraska nurses, Nebraska pharmacists, and Nebraska physician assistants as recommended by such associations. At least one consumer shall be a member of the board. The board shall consist of at least twelve but no more than fifteen members as established at the discretion of the board.Source Laws 2005, LB 361,  15. 
71-8716.  Election to be subject to act; contract; requirements.(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.Source Laws 2005, LB 361,  16. 
71-8717.  Reportable patient safety events; provider; duties.(1) Every provider subject to the Patient Safety Improvement Act shall track and report pursuant to section 71-8718 the following occurrences of patient safety events:(a) Surgery or procedures performed on the wrong patient or the wrong body part of a patient;(b) Foreign object accidentally left in a patient during a procedure or surgery;(c) Hemolytic transfusion reaction in a patient resulting from the administration of blood or blood products with major blood group incompatibilities;(d) Sexual assault of a patient during treatment or while the patient was on the premises of a facility;(e) Abduction of a newborn infant patient from the hospital or the discharge of a newborn infant patient from the hospital into the custody of an individual in circumstances in which the hospital knew, or in the exercise of ordinary care should have known, that the individual did not have legal custody of the infant;(f) Suicide of a patient in a setting in which the patient received care twenty-four hours a day;(g) Medication error resulting in a patient's unanticipated death or permanent or temporary loss of bodily function, including (i) treatment intervention, temporary harm, (ii) initial-prolonged hospitalization, temporary harm, (iii) permanent patient harm, and (iv) near death event in circumstances unrelated to the natural course of the illness or underlying condition of the patient, including, but not limited to, errors involving the wrong drug, the wrong dose, the wrong patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of administration, but excluding reasonable differences in clinical judgment on drug selection and dose;(h) Patient death or serious disability associated with the use of adulterated drugs, devices, or biologics provided by the provider;(i) Patient death or serious disability associated with the use or function of a device in patient care in which the device is used or functions other than as intended; and(j) Unanticipated death or major permanent loss of function associated with health care associated nosocomial infection.(2) A patient safety organization, based on a review of new indicators of patient safety events identified by the Joint Commission on Accreditation of Healthcare Organizations, shall recommend changes, additions, or deletions to the list of reportable patient safety events, which changes, additions, or deletions shall be binding on the providers. Providers may voluntarily report any other patient safety events not otherwise identified.Source Laws 2005, LB 361,  17. 
71-8718.  Reporting requirements.(1) Every provider subject to the Patient Safety Improvement Act shall report aggregate numbers of occurrences for each patient safety event category listed in section 71-8717 to a patient safety organization. Reporting shall be done on an annual basis by March 31 for the prior calendar year.(2) For each occurrence listed in section 71-8717, a root cause analysis shall be completed and an action plan developed within forty-five days after such occurrence. The action plan shall (a) identify changes that can be implemented to reduce risk of the patient safety event occurring again or formulate a rationale for not implementing change and (b) if an improvement action is planned, identify who is responsible for implementation, when the action will be implemented, and how the effectiveness of the action will be evaluated. The provider shall, within thirty days after the development of an action plan, provide a summary report to a patient safety organization which includes a brief description of the patient safety event, a brief description of the root cause analysis, and a description of the action plan steps.(3) The facility where a reportable event occurred shall be responsible for coordinating the reporting of information required under the Patient Safety Improvement Act and ensuring that the required reporting is completed, and such coordination satisfies the obligation of reporting imposed on each individual provider under the act.Source Laws 2005, LB 361,  18. 
71-8719.  Nonidentifiable information; disclosure.A patient safety organization may disclose nonidentifiable information, including nonidentifiable aggregate trend data and educational material developed as a result of the patient safety work product reported to it.Source Laws 2005, LB 361,  19. 
71-8720.  Public disclosure of data and information.A patient safety organization shall release to the public nonidentifiable aggregate trend data identifying the number and types of patient safety events that occur. A patient safety organization shall publish educational and evidence-based information from the summary reports, which shall be available to the public, that can be used by all providers to improve the care they provide.Source Laws 2005, LB 361,  20. 
71-8721.  Immunity from liability.Any person who receives or releases information in the form and manner prescribed by the Patient Safety Improvement Act and the procedures established by a patient safety organization shall not be civilly or criminally liable for such receipt or release unless the receipt or release is done with actual malice, fraudulent intent, or bad faith. A patient safety organization shall not be liable civilly for the release of nonidentifiable aggregate trend data identifying the number and types of patient safety events that occur. Because the candid and conscientious evaluation of patient safety events is essential to the improvement of medical care and to encourage improvements in patient safety, any provider furnishing services to a patient safety organization shall not be liable for civil damages as a result of such acts, omissions, decisions, or other such conduct in connection with the duties on behalf of a patient safety organization if done pursuant to the Patient Safety Improvement Act except for acts done with actual malice, fraudulent intent, or bad faith.Source Laws 2005, LB 361,  21. 
71-8722.  Patient Safety Cash Fund; created; use; investment.The Patient Safety Cash Fund is created. The Patient Safety Cash Fund shall only be used to support the activities of a patient safety organization. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source Laws 2019, LB25,  3. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260. 
71-8801.  Act, how cited.Sections 71-8801 to 71-8806 shall be known and may be cited as the Stem Cell Research Act.Source Laws 2008, LB606,  1.
71-8802.  Terms, defined.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.Source Laws 2008, LB606,  2.
71-8803.  Stem Cell Research Advisory Committee; created; qualifications; terms; meetings; stipend; expenses.(1) The Stem Cell Research Advisory Committee is created. The committee shall consist of the dean of every medical school in Nebraska that is accredited by the Liaison Committee on Medical Education or his or her designee and additional members appointed as follows: (a) The dean of every medical school in Nebraska shall nominate three scientists from outside Nebraska conducting human stem cell research with funding from the National Institutes of Health of the United States Department of Health and Human Services; and (b) the chief medical officer as designated in section 81-3115 shall select two of such scientists from each set of nominations to serve on the committee. Appointments by the chief medical officer pursuant to this subsection shall be approved by the Legislature. Members appointed by the chief medical officer shall serve for staggered terms of three years each and until their successors are appointed and qualified. Such members may be reappointed for additional three-year terms.(2) The committee shall meet not less than twice each year.(3) Members of the committee not employed by medical schools in Nebraska shall receive a stipend per meeting to be determined by the Division of Public Health of the Department of Health and Human Services based on standard consultation fees, and all members of the committee shall be reimbursed for expenses incurred in service on the committee pursuant to sections 81-1174 to 81-1177.Source  Laws 2008, LB606,  3;  Laws 2020, LB381,  76.  
71-8804.  Committee; establish grant process; reports.(1) The committee shall establish a grant process to award grants to Nebraska institutions or researchers for the purpose of conducting nonembryonic stem cell research. The grant process shall include, but not be limited to, an application identifying the institution or researcher applying for the grant, the amount of funds to be received by the applicant from sources other than state funds, the sources of such funds, and a description of the goal of the research for which the funds will be used and research methods to be used by the applicant.(2) The committee shall submit electronically an annual report to the Legislature stating the number of grants awarded, the amount of the grants, and the researchers or institutions to which the grants were awarded.Source  Laws 2008, LB606,  4;  Laws 2012, LB782,  128. 
71-8805.  Stem Cell Research Program; created.(1) The Stem Cell Research Program is created.(2) Any money appropriated by the Legislature for the Stem Cell Research Program shall be used to provide a dollar-for-dollar match, up to five hundred thousand dollars per fiscal year, of funds received by institutions or researchers from sources other than funds provided by the State of Nebraska for nonembryonic stem cell research. Such matching funds shall be awarded through the grant process established pursuant to section 71-8804. No single institution or researcher shall receive more than seventy percent of the funds available for distribution under this section on an annual basis.(3) Up to three percent of any annual appropriation for the Stem Cell Research Program shall be available to the Division of Public Health of the Department of Health and Human Services for administrative costs, including stipends and reimbursements pursuant to section 71-8803.(4) The State Treasurer shall transfer, on July 1, 2016, the unobligated balance in the Stem Cell Research Cash Fund to the Nebraska Health Care Cash Fund.Source  Laws 2008, LB606,  5;  Laws 2009, LB316,  20;  Laws 2012, LB969,  10;  Laws 2016, LB957,  6.  >
71-8806.  Limitation on use of facilities and funds.No state facilities, no state funds, fees, or charges, and no investment income on state funds shall be used to destroy human embryos for the purpose of research. In no case shall state facilities, state funds, fees, or charges, or investment income on state funds be used to create a human embryo by somatic cell nuclear transfer for any purpose.Source Laws 2008, LB606,  6.
71-8901.  Act, how cited.Sections 71-8901 to 71-8929 shall be known and may be cited as the Veterinary Drug Distribution Licensing Act.Source  Laws 2008, LB1022,  1;  Laws 2021, LB252,  1.  
71-8902.  Purpose of act.The purpose of the Veterinary Drug Distribution Licensing Act is to protect the public health, safety, and welfare by providing for the authorization and licensure of veterinary drug distributors in the State of Nebraska and for the development, establishment, and enforcement of basic standards for such distributors.Source Laws 2008, LB1022,  2.
71-8903.  Definitions, where found.For purposes of the Veterinary Drug Distribution Licensing Act, the definitions found in sections 71-8904 to 71-8911 shall apply.Source Laws 2008, LB1022,  3.
71-8904.  Controlled substance, defined.Controlled substance has the definition found in section 28-401.Source Laws 2008, LB1022,  4.
71-8905.  Department, defined.Department means the Division of Public Health of the Department of Health and Human Services.Source Laws 2008, LB1022,  5.
71-8906.  Distribution, defined.(1) Distribution means the act of receiving orders, possessing, warehousing, and record keeping related to the sale and delivery of veterinary legend drugs.(2) Distribution does not include (a) intracompany sales of veterinary legend drugs, including any transaction or transfer between any division, subsidiary, or parent company and an affiliated or related company under common ownership or common control or (b) the delivery of or the offer to deliver veterinary legend drugs by a common carrier solely in the usual course of business of transporting such drugs as a common carrier if the common carrier does not store, warehouse, or take legal ownership of such drugs.Source Laws 2008, LB1022,  6.
71-8907.  Human legend drug, defined.Human legend drug means any drug labeled for human use and required by federal law or regulation to be dispensed pursuant to a prescription, including finished dosage forms and active ingredients. Human legend drug does not include a device or a device component, part, or accessory.Source Laws 2008, LB1022,  7.
71-8908.  Veterinarian-client-patient relationship, defined.Veterinarian-client-patient relationship means a relationship pursuant to which (1) a veterinarian has assumed the responsibility for making clinical judgments regarding the health of an animal and the need for medical treatment and the client has agreed to follow the veterinarian's instructions, (2) the veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal, meaning that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept, and (3) the veterinarian is readily available or has arranged for emergency coverage and for followup evaluation in the event of adverse reactions or the failure of the treatment regimen.Source Laws 2008, LB1022,  8.
71-8909.  Veterinary drug distributor, defined.Veterinary drug distributor means any person or entity that engages in the distribution of veterinary legend drugs in the State of Nebraska other than a pharmacy or a veterinarian licensed under the Uniform Credentialing Act acting within the scope of practice of veterinary medicine and surgery as defined in section 38-3312.Source  Laws 2008, LB1022,  9;  Laws 2009, LB463,  12. Cross References  Uniform Credentialing Act, see section 38-101.
71-8910.  Veterinary drug order, defined.Veterinary drug order means a lawful order or prescription of a veterinarian licensed to practice in this state issued pursuant to a bona fide veterinarian-client-patient relationship. For purposes of the Veterinary Drug Distribution Licensing Act, a veterinary drug order expires and becomes void one hundred eighty days after the date of issue.Source  Laws 2008, LB1022,  10;  Laws 2009, LB463,  13. 
71-8911.  Veterinary legend drug, defined.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.".Source Laws 2008, LB1022,  11.
71-8912.  License required; exception.No person or entity shall distribute, sell, or offer for sale any veterinary legend drug in this state without first obtaining a license issued by the department under the Veterinary Drug Distribution Licensing Act, except that a veterinarian licensed under the Veterinary Medicine and Surgery Practice Act acting within the scope of practice of his or her profession shall not be required to be licensed under the Veterinary Drug Distribution Licensing Act.Source Laws 2008, LB1022,  12. Cross References  Veterinary Medicine and Surgery Practice Act, see section 38-3301.
71-8913.  Veterinary drug distributor license; application; contents; authority.(1) Any person or entity that acts as a veterinary drug distributor in this state shall obtain a veterinary drug distributor license from the department prior to engaging in distribution of veterinary legend drugs in or into this state.(2) An applicant for an initial or renewal license as a veterinary drug distributor shall file a written application with the department. The application shall be accompanied by the fee established by the department pursuant to section 71-8918 and shall include the following information:(a) The applicant's name, business address, type of business entity, and telephone number. If the applicant is a partnership, the application shall include the name of each partner and the name of the partnership. If the applicant is a corporation, the application shall include the name and title of each corporate officer and director, all corporate names of the applicant, and the applicant's state of incorporation. If the applicant is a sole proprietorship, the application shall include the name of the sole proprietor, the name of the proprietorship, and the proprietor's social security number. The social security number shall not be a public record and may only be used by the department for administrative purposes;(b) All trade or business names used by the applicant;(c) The addresses and telephone numbers of all facilities to be used by the applicant for the storage, handling, and distribution of veterinary legend drugs and the names of persons to be in charge of such facilities. A separate license shall be obtained for each such facility;(d) A listing of all licenses, permits, or other similar documentation issued to the applicant in any other state authorizing the applicant to purchase, possess, and distribute veterinary legend drugs;(e) The names and addresses of the owner of the applicant's veterinary legend drug distribution facilities, a designated representative at each such facility, and all managerial employees at each such facility; and(f) Other information as required by the department, including affirmative evidence of the applicant's ability to comply with the Veterinary Drug Distribution Licensing Act and the rules and regulations adopted under the act.(3) The application shall be signed by:(a) The owner, if the applicant is an individual or partnership;(b) The member, if the applicant is a limited liability company with only one member, or two of its members, if the applicant is a limited liability company with two or more members; or(c) Two of its officers, if the applicant is a corporation.(4) A veterinary drug distributor holding a valid license issued pursuant to the Veterinary Drug Distribution Licensing Act shall have the authority to purchase, possess, or otherwise acquire veterinary legend drugs.Source Laws 2008, LB1022,  13.
71-8914.  Written policies and procedures required.A veterinary drug distributor shall establish, maintain, and adhere to written policies and procedures for the receipt, storage, security, inventory, and distribution of veterinary legend drugs, including policies and procedures for identifying, recording, and reporting destruction, losses, or thefts of veterinary legend drugs and for correcting all errors and inaccuracies in inventories. The policies shall contain a provision for annual review at which time the policies shall be updated as necessary. A record documenting the review shall be kept with the policies and procedures and shall indicate the date of the review and the signature of the designated representative of the veterinary drug distributor.Source Laws 2008, LB1022,  14.
71-8915.  Provisional license conditions.To enable the establishment of distribution of veterinary legend drugs in this state, the department may issue a provisional license on or before July 1, 2009, to any applicant who meets the following conditions:(1) The applicant has not been found to have committed any of the acts or offenses described in section 71-8917;(2) The applicant has established written policies and procedures as required by section 71-8914; and(3) The applicant has paid a fee of five hundred dollars.Source Laws 2008, LB1022,  15.
71-8916.  Department; waiver of requirements.The department may waive requirements under sections 71-8912 to 71-8915 upon proof satisfactory to the department that such requirements are duplicative of other requirements of Nebraska laws, rules, or regulations and that the granting of such waiver will not endanger the public safety.Source Laws 2008, LB1022,  16.
71-8917.  License; denied; disciplinary actions; grounds; department; duties.(1) A veterinary drug distributor license may be denied, refused renewal, suspended, limited, or revoked by the Director of Public Health if he or she finds that the applicant or licensee; the designated representative; the owner if a sole proprietorship; or any person having an interest in the applicant or licensee of more than ten percent has been found to have committed any of the following acts or offenses:(a) Violation of the Veterinary Drug Distribution Licensing Act or the rules and regulations adopted and promulgated under the act;(b) Conviction of a misdemeanor or felony under state law, federal law, or the law of another jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony under state law and which has a rational connection with the person's capacity to distribute veterinary legend drugs;(c) Unprofessional conduct under the Uniform Credentialing Act;(d) Active addiction as defined in section 38-106;(e) Permitting, aiding, or abetting veterinary drug distribution or the performance of activities requiring a license under the Veterinary Drug Distribution Licensing Act by a person not licensed under the Veterinary Drug Distribution Licensing Act;(f) Having had his or her credential denied, refused renewal, limited, suspended, or revoked or having had such credential disciplined in any other manner by another jurisdiction relating to the performance of veterinary drug distribution;(g) Performing veterinary drug distribution without a valid license or in contravention of any limitation placed upon the license; or(h) Fraud, forgery, or misrepresentation of material facts in procuring or attempting to procure a license under the Veterinary Drug Distribution Licensing Act.(2) The department shall issue or renew a license to any applicant that satisfies the requirements for licensure or license renewal under the Veterinary Drug Distribution Licensing Act.Source Laws 2008, LB1022,  17. Cross References  Uniform Credentialing Act, see section 38-101.
71-8918.  Fees.(1) An applicant for an initial or renewal license under the Veterinary Drug Distribution Licensing Act shall pay a license fee as provided in this section.(2) License fees shall include (a) a base fee of fifty dollars and (b) an additional fee of not more than five hundred dollars based on variable costs to the department of inspections and of receiving and investigating complaints, other similar direct and indirect costs, and other costs of administering the act as determined by the department. If an application under the act is denied, the license fee shall be returned to the applicant, except that the department may retain up to twenty-five dollars as an administrative fee and may retain the entire license fee if an inspection has been completed prior to such denial.(3) The department shall also collect a fee established by the department, not to exceed the actual cost to the department, for reinstatement of a license that has lapsed or has been suspended or revoked. The department shall collect a fee of ten dollars for a duplicate original license.(4) The department shall remit all license fees collected under the act to the State Treasurer for credit to the Health and Human Services Cash Fund. License fees collected under this section shall only be used for activities related to the licensure of veterinary drug distributors.Source Laws 2008, LB1022,  18.
71-8919.  License; expiration; renewal.A veterinary drug distributor license shall expire on July 1 of each odd-numbered year and may be renewed. The license shall not be transferable. The department shall mail an application for renewal to each licensee not later than May 15 of the year the license expires. If an application for renewal is received from the licensee after July 1, the department may impose a late fee and shall refuse to issue the license until such late fee and renewal fee are paid. Failure to receive an application for renewal shall not relieve the licensee from the late fee imposed by this section.Source Laws 2008, LB1022,  19.
71-8920.  Inspections; fees; compliance with act.(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.Source Laws 2008, LB1022,  20.
71-8921.  Records; available to department.(1) A veterinary drug distributor transacting commerce in this state shall establish and maintain accurate records of all transactions regarding the receipt and distribution or other disposition of veterinary legend drugs as provided in the Veterinary Drug Distribution Licensing Act.(2) All records of receipt, distribution, or other disposal of veterinary legend drugs shall be available to the department upon request for inspection, copying, verifying, or other proper use.(3) If a veterinary drug distributor is authorized by the department to maintain records at a central location, such records shall be made available for authorized inspections within forty-eight hours.(4) Records kept at a central location that can be retrieved by computer or other electronic means shall be readily available for authorized inspection during the inspection period.Source Laws 2008, LB1022,  21.
71-8922.01.  Veterinary legend drug; deceased prescriber; effect on distribution; limitations.(1) Except as otherwise provided in this section, a veterinary drug distributor may refill and distribute a veterinary legend drug pursuant to a veterinary drug order issued on or after August 28, 2021, by a veterinarian licensed in this state pursuant to a bona fide veterinarian-client-patient relationship without the prescriber's authorization if the prescriber is deceased and continuation of the veterinary legend drug is necessary for the animal's health, safety, and welfare.(2) A refill under this section shall be limited in quantity to the amount sufficient to maintain the animal's health, safety, and welfare until a bona fide veterinarian-client-patient relationship can be established with a licensed veterinarian, but in no event shall the quantity exceed a thirty-day supply.(3) If a licensed veterinarian indicates on a veterinary drug order that no emergency refills are authorized, a veterinary drug distributor shall not dispense under this section pursuant to that veterinary drug order.(4) This section does not apply to controlled substances.(5) A veterinary drug distributor shall not be required to refill any veterinary drug order under this section and shall not be liable for any damages resulting from refilling a veterinary drug order issued by a licensed veterinarian under this section unless such damages are a result of the gross negligence of the veterinary drug distributor.Source Laws 2021, LB252,  2. 
71-8922.  Distribution of veterinary legend drugs; authorized; applicability of labeling provisions.A veterinary drug distributor may distribute veterinary legend drugs to:(1) A licensed veterinarian or to another veterinary drug distributor subject to the requirements of section 71-8921; and(2) A layperson responsible for the control of an animal if:(a) A licensed veterinarian has issued, prior to such distribution, a veterinary drug order for the veterinary legend drug in the course of an existing, valid veterinarian-client-patient relationship and the veterinary drug order is in compliance with all federal laws and regulations;(b) At the time the veterinary legend drug leaves the licensed location of the veterinary drug distributor, those in the employ of the veterinary drug distributor possess a copy of the veterinary drug order for the veterinary legend drug issued according to subdivision (a) of this subdivision and deliver a copy to the layperson responsible for the control of the animal at the time of the distribution;(c) The original veterinary drug order issued according to subdivision (a) of this subdivision is retained on the premises of the veterinary drug distributor or an authorized central location for three years after the date of the last transaction affecting the veterinary drug order;(d) All veterinary legend drugs distributed on the veterinary drug order issued according to subdivision (a) of this subdivision are sold in the original, unbroken manufacturer's containers; and(e) The veterinary legend drugs, once distributed, are not returned to the veterinary drug distributor for resale or redistribution.Nothing contained in Nebraska statutes governing the practice of pharmacy shall be construed to prohibit a veterinary drug distributor from selling or otherwise distributing a veterinary legend drug pursuant to a veterinary drug order by a veterinarian licensed in this state and, when a valid veterinarian-client-patient relationship exists, to the layperson responsible for the control of the animal.(3) If all federal labeling requirements are met, labeling provisions of Nebraska laws governing the practice of pharmacy shall not apply to veterinary legend drugs distributed pursuant to the Veterinary Drug Distribution Licensing Act.Source  Laws 2008, LB1022,  22;  Laws 2009, LB463,  14. 
71-8923.  Limitations on veterinary drug distributor.A veterinary drug distributor shall not:(1) Operate from a place of residence;(2) Possess, sell, purchase, trade, or otherwise furnish controlled substances; and(3) Possess, sell, purchase, trade, or otherwise furnish human legend drugs.Source Laws 2008, LB1022,  23.
71-8924.  Enforcement of act.The department, the Attorney General, or any county attorney may institute an action in the name of the state for an injunction or other process against any person to restrain or prevent any violation of the Veterinary Drug Distribution Licensing Act or any rules and regulations adopted and promulgated under the act.Source Laws 2008, LB1022,  24.
71-8925.  Prohibited acts.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.Source Laws 2008, LB1022,  25.
71-8926.  Final disciplinary action; fines.(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.Source Laws 2008, LB1022,  26.
71-8927.  Order to cease distribution of drug; notice; hearing; powers of department.(1) If the department finds there is a reasonable probability that (a) a veterinary drug distributor has knowingly and intentionally falsified documents relevant to the purchase, sale, or distribution of veterinary legend drugs or has sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit veterinary legend drug and (b) such drug could cause serious, adverse health consequences or death, the department may issue an order to immediately cease distribution of such drug.(2) Persons subject to any order issued by the department under this section shall be provided with notice and an opportunity for an informal hearing to be held not later than thirty days after the date the order was issued. If the department determines, after such hearing, that inadequate grounds exist to support the actions required by the order, the department shall vacate the order.Source Laws 2008, LB1022,  27.
71-8928.  Rules and regulations.The department may adopt and promulgate rules and regulations to carry out the Veterinary Drug Distribution Licensing Act.Source Laws 2008, LB1022,  28.
71-8929.  Criminal penalty.Any person who knowingly and intentionally engages in distribution of veterinary legend drugs in this state in violation of the Veterinary Drug Distribution Licensing Act is guilty of a Class III felony.Source Laws 2008, LB1022,  29.
71-9001.  Sexual assault or domestic violence patient; examination and treatment authorized.A physician, his or her agent, or a mental health professional as defined in section 71-906, upon consultation with a patient who is eighteen years of age, shall, with the consent of the patient, make or cause to be made a diagnostic examination for physical or mental injuries associated with sexual assault or domestic violence and prescribe for and treat such person for injuries associated with sexual assault or domestic violence. All such examinations and treatment may be performed without the consent of or notification to the parent, parents, guardian, or any other person having custody of the patient.Source Laws 2011, LB479,  2.
71-901.  Act, how cited.Sections 71-901 to 71-963 shall be known and may be cited as the Nebraska Mental Health Commitment Act.Source   Laws 1976, LB 806,  89;  Laws 1988, LB 257,  6;  Laws 1994, LB 498,  12;  Laws 1996, LB 1155,  116;   R.S.1943, (1999),  83-1078;  Laws 2004, LB 1083,  21;  Laws 2011, LB512,  5. 
71-902.  Declaration of purpose.The purpose of the Nebraska Mental Health Commitment Act is to provide for the treatment of persons who are mentally ill and dangerous. It is the public policy of the State of Nebraska that mentally ill and dangerous persons be encouraged to obtain voluntary treatment. If voluntary treatment is not obtained, such persons shall be subject to involuntary custody and treatment only after mental health board proceedings as provided by the Nebraska Mental Health Commitment Act. Such persons shall be subjected to emergency protective custody under limited conditions and for a limited period of time.Source   Laws 1976, LB 806,  1;  Laws 1996, LB 1155,  93;   R.S.1943, (1999),  83-1001;  Laws 2004, LB 1083,  22. Cross References  Persons supposed mentally ill, limitations on restraint of liberty, see section 83-357.Annotations  The Nebraska Mental Health Commitment Act applies to any person who is mentally ill and dangerous. In re Interest of G.H., 279 Neb. 708, 781 N.W.2d 438 (2010). One of the declared public policy purposes of the Nebraska Mental Health Commitment Act is that all personal records required by the act shall be confidential except as otherwise specifically provided. In re Interest of Michael M., 6 Neb. App. 560, 574 N.W.2d 774 (1998). 
71-903.  Definitions, where found.For purposes of the Nebraska Mental Health Commitment Act, unless the context otherwise requires, the definitions found in sections 71-904 to 71-914 shall apply.Source   Laws 1976, LB 806,  2;  Laws 1994, LB 498,  4;   R.S.1943, (1999),  83-1002;  Laws 2004, LB 1083,  23;  Laws 2011, LB512,  6. 
71-904.01.  Firearm-related disability, defined.Firearm-related disability means a person is not permitted to (1) purchase, possess, ship, transport, or receive a firearm under either state or federal law, (2) obtain a certificate to purchase, lease, rent, or receive transfer of a handgun under section 69-2404, or (3) obtain a permit to carry a concealed handgun under the Concealed Handgun Permit Act.Source Laws 2011, LB512,  7.Cross References  Concealed Handgun Permit Act, see section 69-2427.
71-904.  Administrator, defined.Administrator means the administrator or other chief administrative officer of a treatment facility or his or her designee.Source   Laws 1976, LB 806,  5;   R.S.1943, (1999),  83-1005;  Laws 2004, LB 1083,  24.  
71-905.  Mental health board, defined.Mental health board means a board created under section 71-915.Source   Laws 1976, LB 806,  4;   R.S.1943, (1999),  83-1004;  Laws 2004, LB 1083,  25.  
71-906.  Mental health professional, defined.Mental health professional means a person licensed to practice medicine and surgery or psychology in this state under the Psychology Interjurisdictional Compact or the Uniform Credentialing Act or an advanced practice registered nurse licensed under the Advanced Practice Registered Nurse Practice Act who has proof of current certification in a psychiatric or mental health specialty.Source   Laws 1976, LB 806,  10;  Laws 1991, LB 10,  6;  Laws 1994, LB 1210,  159;   R.S.1943, (1999),  83-1010;  Laws 2004, LB 1083,  26;  Laws 2005, LB 534,  1;  Laws 2007, LB463,  1185;  Laws 2018, LB1034,  59.  Cross References   Advanced Practice Registered Nurse Practice Act, see section 38-201.  Psychology Interjurisdictional Compact, see section 38-3901.  Uniform Credentialing Act, see section 38-101. Annotations The opinion of a general practitioner of medicine as to mental conditions is admissible in commitment proceedings, provided a proper foundation is laid. Lux v. Mental Health Board of Polk County, 202 Neb. 106, 274 N.W.2d 141 (1979).
71-907.  Mentally ill, defined.Mentally ill means having a psychiatric disorder that involves a severe or substantial impairment of a person's thought processes, sensory input, mood balance, memory, or ability to reason which substantially interferes with such person's ability to meet the ordinary demands of living or interferes with the safety or well-being of others.Source  Laws 1977, LB 204,  27;   R.S.1943, (1999),  83-1009.01;  Laws 2004, LB 1083,  27.  Annotations Substance dependence can be considered for purposes of determining that an individual is a dangerous sex offender. In re Interest of G.H., 279 Neb. 708, 781 N.W.2d 438 (2010).
71-908.  Mentally ill and dangerous person, defined.Mentally ill and dangerous person means a person who is mentally ill or substance dependent and because of such mental illness or substance dependence presents:(1) A substantial risk of serious harm to another person or persons within the near future as manifested by evidence of recent violent acts or threats of violence or by placing others in reasonable fear of such harm; or(2) A substantial risk of serious harm to himself or herself within the near future as manifested by evidence of recent attempts at, or threats of, suicide or serious bodily harm or evidence of inability to provide for his or her basic human needs, including food, clothing, shelter, essential medical care, or personal safety.Source   Laws 1976, LB 806,  9;  Laws 1977, LB 204,  26;  Laws 1985, LB 252,  2;   R.S.1943, (1999),  83-1009;  Laws 2004, LB 1083,  28. Annotations  1. Requirements of section 2. Evidentiary issues 3. Standard of proof 4. Constitutionality 5. Appeal 1. Requirements of section Involuntary commitment as a mentally ill dangerous person is improper when, although a person is clearly mentally ill, there is no showing of dangerousness. Petersen v. County Board of Mental Health, 203 Neb. 622, 279 N.W.2d 844 (1979). Showing that a person is a spendthrift and improvident is insufficient to demonstrate dangerousness as required by this statute. Petersen v. County Board of Mental Health, 203 Neb. 622, 279 N.W.2d 844 (1979). The requirements of this section, which defines a mentally ill dangerous person, are met when medical diagnoses of paranoid schizophrenia and an unprovoked assault and threatening behavior are shown by clear and convincing proof. Lux v. Mental Health Board of Polk County, 202 Neb. 106, 274 N.W.2d 141 (1979). Before a person may be committed for treatment by a mental health board, the board must determine that the person meets the definition of a mentally ill and dangerous person as set forth herein. In re Interest of Verle O., 13 Neb. App. 256, 691 N.W.2d 177 (2005). 2. Evidentiary issues There is no definite time-oriented period to determine whether an act is recent for the purposes of this section. Each case must be decided on the basis of the surrounding facts and circumstances. In re Interest of Kochner, 266 Neb. 114, 662 N.W.2d 195 (2003). To meet the definition of a mentally ill dangerous person, the State must show that the person suffers from a mental illness and that the person presents a substantial risk of harm to others or to himself or herself. In re Interest of Kochner, 266 Neb. 114, 662 N.W.2d 195 (2003). A person who is mentally retarded does not fall within the definition of "mentally ill dangerous person" unless there is a secondary diagnosis of mental illness. In re Interest of Wickwire, 259 Neb. 305, 609 N.W.2d 384 (2000). Actions and statements of a person alleged to be mentally ill and dangerous which occur prior to the hearing are probative of the subject's present mental condition. However, in order for a past act to have any evidentiary value, it must form some foundation for a prediction of future dangerousness and be, therefore, probative of that issue. In re Interest of Rasmussen, 236 Neb. 572, 462 N.W.2d 621 (1990). In proving the dangerousness of a mentally ill person as manifested by "evidence of inability to provide for his basic human needs," within the meaning of this section, expert testimony may be used to prove such a condition. In re Interest of Kinnebrew, 224 Neb. 885, 402 N.W.2d 264 (1987). An act occurring five years prior to the mental health commitment hearing is recent within the meaning of this section where: (a) There is evidence that the act is still probative of the subject's future dangerousness; (b) the subject has not had an opportunity to commit a more recent act because he has been in confinement; and (c) there is reliable medical evidence that there is a high probability of repetition of such act by the subject. Under Mental Health Commitment Act, the determination of whether an act of violence is recent must be decided on the basis of all the surrounding facts and circumstances. In re Interest of Blythman, 208 Neb. 51, 302 N.W.2d 666 (1981). An act or threat is "recent" within the meaning of this section, if the time interval between it and the hearing of the mental health board is not greater than that which would indicate processing of the complaint was carried on with reasonable diligence under the circumstances existing having due regard for the rights and welfare of the alleged mentally ill dangerous person and the protection of society in general. Hill v. County Board of Mental Health, Douglas County, 203 Neb. 610, 279 N.W.2d 838 (1979). Although this section refers to "recent violent acts," commitment may be based upon evidence of only one violent act or threat. Lux v. Mental Health Board of Polk County, 202 Neb. 106, 274 N.W.2d 141 (1979). Pursuant to subdivision (1) of this section, acts committed over 10 years prior to the filing of the petition seeking commitment can still be sufficiently recent to be probative on the issue of dangerousness where the subject's lengthy incarceration prevented him from committing a more recent act and where the subject had not completed any offense-specific treatment while incarcerated. In re Interest of Michael U., 14 Neb. App. 918, 720 N.W.2d 403 (2006). 3. Standard of proof The State must prove by clear and convincing evidence that an individual poses a substantial risk of harm to others or to himself to have that individual declared mentally ill and dangerous under the Nebraska Mental Health Commitment Act. In re Interest of Dickson, 238 Neb. 148, 469 N.W.2d 357 (1991). Evidence must be clear and convincing to support a finding that a person is mentally ill and dangerous. In re Interest of Rasmussen, 236 Neb. 572, 462 N.W.2d 621 (1990). 4. Constitutionality The definitions of mentally ill dangerous persons in the Nebraska Mental Health Commitment Act and the statutes governing persons acquitted of a crime on grounds of insanity are constitutional and do not violate equal protection guarantees. Tulloch v. State, 237 Neb. 138, 465 N.W.2d 448 (1991). 5. Appeal An order adjudicating an individual as a mentally ill dangerous person pursuant to this section and ordering that person retained for an indeterminate amount of time is an order affecting a substantial right in a special proceeding from which an appeal may be taken. In re Interest of Saville, 10 Neb. App. 194, 626 N.W.2d 644 (2001). 
71-909.  Outpatient treatment, defined.Outpatient treatment means treatment ordered by a mental health board directing a subject to comply with specified outpatient treatment requirements, including, but not limited to, (1) taking prescribed medication, (2) reporting to a mental health professional or treatment facility for treatment or for monitoring of the subject's condition, or (3) participating in individual or group therapy or educational, rehabilitation, residential, or vocational programs.Source  Laws 1994, LB 498,  5;   R.S.1943, (1999),  83-1007.01;  Laws 2004, LB 1083,  29.  
71-910.  Peace officer or law enforcement officer, defined.Peace officer or law enforcement officer means a sheriff, a jailer, a marshal, a police officer, or an officer of the Nebraska State Patrol.Source   Laws 1976, LB 806,  11;  Laws 1981, LB 95,  5;  Laws 1988, LB 1030,  52;   R.S.1943, (1999),  83-1011;  Laws 2004, LB 1083,  30.  
71-9101.  Act, how cited.Sections 71-9101 to 71-9106 shall be known and may be cited as the Concussion Awareness Act.Source Laws 2011, LB260,  1.
71-9102.  Legislative findings.(1) The Legislature finds that concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities and that the risk of catastrophic injury or death is significant when a concussion or brain injury is not properly evaluated and managed.(2) The Legislature further finds that concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions occur with or without loss of consciousness, but the vast majority occur without loss of consciousness.(3) The Legislature further finds that continuing to play with a concussion or symptoms of brain injury leaves a young athlete especially vulnerable to greater injury and even death. The Legislature recognizes that, despite having generally recognized return-to-play standards for concussion and brain injury, some young athletes are prematurely returned to play, resulting in actual or potential physical injury or death.Source Laws 2011, LB260,  2.
71-9103.  Terms, defined.For purposes of the Concussion Awareness Act:(1) Chief medical officer means the chief medical officer as designated in section 81-3115; and(2) Licensed health care professional means a physician or licensed practitioner under the direct supervision of a physician, a certified athletic trainer, a neuropsychologist, or some other qualified individual who (a) is registered, licensed, certified, or otherwise statutorily recognized by the State of Nebraska to provide health care services and (b) is trained in the evaluation and management of traumatic brain injuries among a pediatric population.Source Laws 2011, LB260,  3.
71-9104.  Schools; duties; participant on athletic team; actions required; notice to parent or guardian; effect of signature of licensed health care professional.(1) Each approved or accredited public, private, denominational, or parochial school shall:(a) Make available training approved by the chief medical officer on how to recognize the symptoms of a concussion or brain injury and how to seek proper medical treatment for a concussion or brain injury to all coaches of school athletic teams;(b) Require that concussion and brain injury information be provided on an annual basis to students and the students' parents or guardians prior to such students initiating practice or competition. The information provided to students and the students' parents or guardians shall include, but need not be limited to:(i) The signs and symptoms of a concussion;(ii) The risks posed by sustaining a concussion; and(iii) The actions a student should take in response to sustaining a concussion, including the notification of his or her coaches; and(c) Establish a return to learn protocol for students that have sustained a concussion. The return to learn protocol shall recognize that students who have sustained a concussion and returned to school may need informal or formal accommodations, modifications of curriculum, and monitoring by medical or academic staff until the student is fully recovered.(2)(a) A student who participates on a school athletic team shall be removed from a practice or game when he or she is reasonably suspected of having sustained a concussion or brain injury in such practice or game after observation by a coach or a licensed health care professional who is professionally affiliated with or contracted by the school. Such student shall not be permitted to participate in any school supervised team athletic activities involving physical exertion, including, but not limited to, practices or games, until the student (i) has been evaluated by a licensed health care professional, (ii) has received written and signed clearance to resume participation in athletic activities from the licensed health care professional, and (iii) has submitted the written and signed clearance to resume participation in athletic activities to the school accompanied by written permission to resume participation from the student's parent or guardian.(b) If a student is reasonably suspected after observation of having sustained a concussion or brain injury and is removed from an athletic activity under subdivision (2)(a) of this section, the parent or guardian of the student shall be notified by the school of the date and approximate time of the injury suffered by the student, the signs and symptoms of a concussion or brain injury that were observed, and any actions taken to treat the student.(c) Nothing in this subsection shall be construed to require any school to provide for the presence of a licensed health care professional at any practice or game.(d) The signature of an individual who represents that he or she is a licensed health care professional on a written clearance to resume participation that is provided to a school shall be deemed to be conclusive and reliable evidence that the individual who signed the clearance is a licensed health care professional. The school shall not be required to determine or verify the individual's qualifications.Source  Laws 2011, LB260,  4;  Laws 2014, LB923,  5. 
71-9105.  City, village, business, or nonprofit organization; duties; participant in athletic activity; actions required; notice to parent or guardian; effect of signature of licensed health care professional.(1) Any city, village, business, or nonprofit organization that organizes an athletic activity in which the athletes are nineteen years of age or younger and are required to pay a fee to participate in the athletic activity or whose cost to participate in the athletic activity is sponsored by a business or nonprofit organization shall:(a) Make available training approved by the chief medical officer on how to recognize the symptoms of a concussion or brain injury and how to seek proper medical treatment for a concussion or brain injury to all coaches; and(b) Provide information on concussions and brain injuries to all coaches and athletes and to a parent or guardian of each athlete that shall include, but need not be limited to:(i) The signs and symptoms of a concussion;(ii) The risks posed by sustaining a concussion; and(iii) The actions an athlete should take in response to sustaining a concussion, including the notification of his or her coaches.(2)(a) An athlete who participates in an athletic activity under subsection (1) of this section shall be removed from a practice or game when he or she is reasonably suspected of having sustained a concussion or brain injury in such practice or game after observation by a coach or a licensed health care professional. Such athlete shall not be permitted to participate in any supervised athletic activities involving physical exertion, including, but not limited to, practices or games, until the athlete (i) has been evaluated by a licensed health care professional, (ii) has received written and signed clearance to resume participation in athletic activities from the licensed health care professional, and (iii) has submitted the written and signed clearance to resume participation in athletic activities to the city, village, business, or nonprofit organization that organized the athletic activity accompanied by written permission to resume participation from the athlete's parent or guardian.(b) If an athlete is reasonably suspected after observation of having sustained a concussion or brain injury and is removed from an athletic activity under subdivision (2)(a) of this section, the parent or guardian of the athlete shall be notified by the coach or a representative of the city, village, business, or nonprofit organization that organized the athletic activity of the date and approximate time of the injury suffered by the athlete, the signs and symptoms of a concussion or brain injury that were observed, and any actions taken to treat the athlete.(c) Nothing in this subsection shall be construed to require any city, village, business, or nonprofit organization to provide for the presence of a licensed health care professional at any practice or game.(d) The signature of an individual who represents that he or she is a licensed health care professional on a written clearance to resume participation that is provided to a city, village, business, or nonprofit organization shall be deemed to be conclusive and reliable evidence that the individual who signed the clearance is a licensed health care professional. The city, village, business, or nonprofit organization shall not be required to determine or verify the individual's qualifications.Source Laws 2011, LB260,  5.
71-9106.  Act; how construed.Nothing in the Concussion Awareness Act shall be construed to create liability for or modify the liability or immunity of a school, school district, city, village, business, or nonprofit organization or the officers, employees, or volunteers of any such school, school district, city, village, business, or nonprofit organization.Source Laws 2011, LB260,  6.
71-911.  Regional center, defined.Regional center means a state hospital for the mentally ill as designated in section 83-305.Source   Laws 1976, LB 806,  7;   R.S.1943, (1999),  83-1007;  Laws 2004, LB 1083,  31.  
71-912.  Subject, defined.Subject means any person concerning whom a certificate or petition has been filed under the Nebraska Mental Health Commitment Act. Subject does not include any person under eighteen years of age unless such person is an emancipated minor.Source   Laws 1976, LB 806,  14;  Laws 1996, LB 1155,  94;   R.S.1943, (1999),  83-1014;  Laws 2004, LB 1083,  32.  
71-913.  Substance dependent, defined.Substance dependent means having a behavioral disorder that involves a maladaptive pattern of repeated use of controlled substances, illegal drugs, or alcohol, usually resulting in increased tolerance, withdrawal, and compulsive using behavior and including a cluster of cognitive, behavioral, and physiological symptoms involving the continued use of such substances despite significant adverse effects resulting from such use.Source  Laws 1985, LB 252,  3;   R.S.1943, (1999),  83-1009.02;  Laws 2004, LB 1083,  33.  
71-914.  Treatment facility, defined.Treatment facility means a facility which is licensed to provide services for persons who are mentally ill or substance dependent or both.Source   Laws 1976, LB 806,  6;  Laws 1985, LB 252,  1;  Laws 1995, LB 275,  24;   R.S.1943, (1999),  83-1006;  Laws 2004, LB 1083,  34.  
71-915.  Mental health boards; created; powers; duties; compensation.(1) The presiding judge in each district court judicial district shall create at least one but not more than three mental health boards in such district and shall appoint sufficient members and alternate members to such boards. Members and alternate members of a mental health board shall be appointed for four-year terms. The presiding judge may remove members and alternate members of the board at his or her discretion. Vacancies shall be filled for the unexpired term in the same manner as provided for the original appointment. Members of the mental health board shall have the same immunity as judges of the district court.(2) Each mental health board shall consist of an attorney licensed to practice law in this state and any two of the following but not more than one from each category: A physician, a psychologist, a psychiatric nurse, a licensed clinical social worker or a licensed independent clinical social worker, a licensed independent mental health practitioner who is not a social worker, or a layperson with a demonstrated interest in mental health and substance dependency issues. The attorney shall be chairperson of the board. Members and alternate members of a mental health board shall take and subscribe an oath to support the United States Constitution and the Constitution of Nebraska and to faithfully discharge the duties of the office according to law.(3) The mental health board shall have the power to issue subpoenas, to administer oaths, and to do any act necessary and proper for the board to carry out its duties. No mental health board hearing shall be conducted unless three members or alternate members are present and able to vote. Any action taken at any mental health board hearing shall be by majority vote.(4) The mental health board shall prepare and file an annual inventory statement with the county board of its county of all county personal property in its custody or possession. Members of the mental health board shall be compensated and shall be reimbursed for their actual and necessary expenses by the county or counties being served by such board. Compensation shall be at an hourly rate to be determined by the presiding judge of the district court, except that such compensation shall not be less than fifty dollars for each hearing of the board. Members shall also be reimbursed for their actual and necessary expenses, not including charges for meals. Mileage shall be determined pursuant to section 23-1112.Source   Laws 1976, LB 806,  27;  Laws 1981, LB 95,  7;  Laws 1990, LB 822,  39;  Laws 1994, LB 498,  6;   R.S.1943, (1999),  83-1017;  Laws 2004, LB 1083,  35;  Laws 2011, LB111,  1. Annotations  A mental health board may assign an alternate member to serve so that the board has the required three members. In re Interest of A.M., 281 Neb. 482, 797 N.W.2d 233 (2011). A person who is not a lawyer, a physician, a psychologist, a psychiatric social worker, a psychiatric nurse, or a clinical social worker is a "layman" within the meaning of this section. In re Interest of A.M., 281 Neb. 482, 797 N.W.2d 233 (2011). 
71-916.  Mental health board; training; department; duties.(1) The Department of Health and Human Services shall provide appropriate training to members and alternate members of each mental health board and shall consult with consumer and family advocacy groups in the development and presentation of such training. Members and alternate members shall be reimbursed for any actual and necessary expenses incurred in attending such training in a manner and amount determined by the presiding judge of the district court. No person shall remain on a mental health board or be eligible for appointment or reappointment as a member or alternate member of such board unless he or she has attended and satisfactorily completed such training pursuant to rules and regulations adopted and promulgated by the department.(2) The department shall provide the mental health boards with blanks for warrants, certificates, and other forms and printed copies of applicable rules and regulations of the department that will enable the boards to carry out their powers and duties under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act.Source  Laws 2004, LB 1083,  36;  Laws 2006, LB 1199,  35;  Laws 2007, LB296,  461. Cross References  Sex Offender Commitment Act, see section 71-1201.
71-917.  Clerk of the district court; duties relating to mental health board.The clerk of the district court appointed for that purpose by a district judge of that district court judicial district shall sign and issue all notices, appointments, warrants, subpoenas, or other process required to be issued by the mental health board and shall affix his or her seal as clerk of the district court. The clerk shall file and preserve in his or her office all papers connected with any proceedings of the mental health board and all related notices, reports, and other communications. The clerk shall keep minutes of all proceedings of the board. All required notices, reports, and communications may be sent by mail unless otherwise provided in the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. The fact and date that such notices, reports, and communications have been sent and received shall be noted on the proper record.Source   Laws 1976, LB 806,  16;  Laws 1981, LB 95,  6;  Laws 2000, LB 884,  5;   R.S.Supp.,2002,  83-1016;  Laws 2004, LB 1083,  37;  Laws 2006, LB 1199,  36.  Cross References  Sex Offender Commitment Act, see section 71-1201.
71-918.  Facility or programs for treatment of mental illness, substance dependence, or personality disorders; voluntary admission; unconditional discharge; exception.Any person may voluntarily apply for admission to any public or private hospital, other treatment facility, or program for treatment of mental illness, substance dependence, or personality disorders in accordance with the regulations of such facilities or programs governing such admissions. Any person who is voluntarily admitted for such treatment shall be unconditionally discharged from such hospital, treatment facility, or program not later than forty-eight hours after delivery of his or her written request to any official of such hospital, treatment facility, or program, unless action is taken under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act to continue his or her custody.Source   Laws 1976, LB 806,  29;  Laws 1978, LB 501,  1;  Laws 1985, LB 252,  4;  Laws 2000, LB 884,  6;   R.S.Supp.,2002,  83-1019;  Laws 2004, LB 1083,  38;  Laws 2006, LB 1199,  37.  Cross References  Sex Offender Commitment Act, see section 71-1201.
71-919.  Mentally ill and dangerous person; dangerous sex offender; emergency protective custody; evaluation by mental health professional.(1) A law enforcement officer who has probable cause to believe that a person is mentally ill and dangerous or a dangerous sex offender and that the harm described in section 71-908 or subdivision (1) of section 83-174.01 is likely to occur before mental health board proceedings under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act may be initiated to obtain custody of the person may take such person into emergency protective custody, cause him or her to be taken into emergency protective custody, or continue his or her custody if he or she is already in custody. Such person shall be admitted to an appropriate and available medical facility, jail, or Department of Correctional Services facility as provided in subsection (2) of this section. Each county shall make arrangements with appropriate facilities inside or outside the county for such purpose and shall pay the cost of the emergency protective custody of persons from such county in such facilities. A mental health professional who has probable cause to believe that a person is mentally ill and dangerous or a dangerous sex offender may cause such person to be taken into custody and shall have a limited privilege to hold such person until a law enforcement officer or other authorized person arrives to take custody of such person.(2)(a) A person taken into emergency protective custody under this section shall be admitted to an appropriate and available medical facility unless such person has a prior conviction for a sex offense listed in section 29-4003.(b) A person taken into emergency protective custody under this section who has a prior conviction for a sex offense listed in section 29-4003 shall be admitted to a jail or Department of Correctional Services facility unless a medical or psychiatric emergency exists for which treatment at a medical facility is required. The person in emergency protective custody shall remain at the medical facility until the medical or psychiatric emergency has passed and it is safe to transport such person, at which time the person shall be transferred to an available jail or Department of Correctional Services facility.(3) Upon admission to a facility of a person taken into emergency protective custody by a law enforcement officer under this section, such officer shall execute a written certificate prescribed and provided by the Department of Health and Human Services. The certificate shall allege the officer's belief that the person in custody is mentally ill and dangerous or a dangerous sex offender and shall contain a summary of the person's behavior supporting such allegations. A copy of such certificate shall be immediately forwarded to the county attorney.(4) The administrator of the facility shall have such person evaluated by a mental health professional as soon as reasonably possible but not later than thirty-six hours after admission. The mental health professional shall not be the mental health professional who causes such person to be taken into custody under this section and shall not be a member or alternate member of the mental health board that will preside over any hearing under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act with respect to such person. A person shall be released from emergency protective custody after completion of such evaluation unless the mental health professional determines, in his or her clinical opinion, that such person is mentally ill and dangerous or a dangerous sex offender.Source   Laws 1976, LB 806,  30;  Laws 1978, LB 501,  2;  Laws 1988, LB 257,  2;  Laws 1996, LB 1044,  964;  Laws 1996, LB 1155,  95;   R.S.1943, (1999),  83-1020;  Laws 2004, LB 1083,  39;  Laws 2006, LB 1199,  38;  Laws 2007, LB296,  462. Cross References  Sex Offender Commitment Act, see section 71-1201.
71-920.  Mentally ill and dangerous person; certificate of mental health professional; contents.(1) A mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919, determines that such person is mentally ill and dangerous shall execute a written certificate as provided in subsection (2) of this section not later than twenty-four hours after the completion of such evaluation. A copy of such certificate shall be immediately forwarded to the county attorney.(2) The certificate shall be in writing and shall include the following information:(a) The subject's name and address, if known;(b) The name and address of the subject's spouse, legal counsel, guardian or conservator, and next-of-kin, if known;(c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known;(d) The name and address of any other person who may have knowledge of the subject's mental illness or substance dependence who may be called as a witness at a mental health board hearing with respect to the subject, if known;(e) The name and address of the medical facility in which the subject is being held for emergency protective custody and evaluation;(f) The name and work address of the certifying mental health professional;(g) A statement by the certifying mental health professional that he or she has evaluated the subject since the subject was admitted for emergency protective custody and evaluation; and(h) A statement by the certifying mental health professional that, in his or her clinical opinion, the subject is mentally ill and dangerous and the clinical basis for such opinion.Source Laws 2004, LB 1083,  40. 
71-921.  Person believes another to be a mentally ill and dangerous person; notify county attorney; petition; when.(1) Any person who believes that another person is mentally ill and dangerous may communicate such belief to the county attorney. The filing of a certificate by a law enforcement officer under section 71-919 shall be sufficient to communicate such belief. If the county attorney concurs that such person is mentally ill and dangerous and that neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by a mental health board is available or would suffice to prevent the harm described in section 71-908, he or she shall file a petition as provided in this section.(2) The petition shall be filed with the clerk of the district court in any county within: (a) The judicial district in which the subject is located; (b) the judicial district in which the alleged behavior of the subject occurred which constitutes the basis for the petition; or (c) another judicial district in the State of Nebraska if authorized, upon good cause shown, by a district judge of the judicial district in which the subject is located. In such event, all proceedings before the mental health board shall be conducted by the mental health board serving such other county, and all costs relating to such proceedings shall be paid by the county of residence of the subject. In the order transferring such cause to another county, the judge shall include such directions as are reasonably necessary to protect the rights of the subject.(3) The petition shall be in writing and shall include the following information:(a) The subject's name and address, if known;(b) The name and address of the subject's spouse, legal counsel, guardian or conservator, and next-of-kin, if known;(c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known;(d) A statement that the county attorney has probable cause to believe that the subject of the petition is mentally ill and dangerous;(e) A statement that the beliefs of the county attorney are based on specific behavior, acts, attempts, or threats which shall be specified and described in detail in the petition; and(f) The name and address of any other person who may have knowledge of the subject's mental illness or substance dependence and who may be called as a witness at a mental health board hearing with respect to the subject, if known.Source   Laws 1976, LB 806,  34;  Laws 1981, LB 95,  9;  Laws 2000, LB 884,  8;   R.S.Supp.,2002,  83-1024;  Laws 2004, LB 1083,  41.  Annotations Under the Nebraska Mental Health Commitment Act, venue is proper in one county even though the alleged behavior of the subject which constituted the basis for the petition occurred in another county, because both counties are within the same judicial district. In re Interest of Michael U., 14 Neb. App. 918, 720 N.W.2d 403 (2006).
71-922.  Mental health board proceedings; commencement; custody; conditions; dismissal; when.(1) Mental health board proceedings shall be deemed to have commenced upon the earlier of (a) the filing of a petition under section 71-921 or (b) notification by the county attorney to the law enforcement officer who took the subject into emergency protective custody under section 71-920 or the administrator of the treatment center or medical facility having charge of the subject of his or her intention to file such petition. The county attorney shall file such petition as soon as reasonably practicable after such notification.(2) A petition filed by the county attorney under section 71-921 may contain a request for the emergency protective custody and evaluation of the subject prior to commencement of a mental health board hearing pursuant to such petition with respect to the subject. Upon receipt of such request and upon a finding of probable cause to believe that the subject is mentally ill and dangerous as alleged in the petition, the court or chairperson of the mental health board may issue a warrant directing the sheriff to take custody of the subject. If the subject is already in emergency protective custody under a certificate filed under section 71-919, a copy of such certificate shall be filed with the petition. The subject in such custody shall be held in the nearest appropriate and available medical facility and shall not be placed in a jail. Each county shall make arrangements with appropriate medical facilities inside or outside the county for such purpose and shall pay the cost of the emergency protective custody of persons from such county in such facilities.(3) The petition and all subsequent pleadings and filings in the case shall be entitled In the Interest of ........, Alleged to be Mentally Ill and Dangerous. The county attorney may dismiss the petition at any time prior to the commencement of the hearing of the mental health board under section 71-924, and upon such motion by the county attorney, the mental health board shall dismiss the petition.Source   Laws 1976, LB 806,  36;  Laws 1981, LB 95,  10;  Laws 2000, LB 884,  9;   R.S.Supp.,2002,  83-1026;  Laws 2004, LB 1083,  42;  Laws 2005, LB 551,  9.  
71-923.  Petition; summons; hearing; sheriff; duties; failure to appear; warrant for custody.Upon the filing of the petition under section 71-921, the clerk of the district court shall cause a summons fixing the time and place for a hearing to be prepared and issued to the sheriff for service. The sheriff shall personally serve upon the subject and the subject's legal guardian or custodian, if any, the summons and copies of the petition, the list of rights provided by sections 71-943 to 71-960, and a list of the names, addresses, and telephone numbers of mental health professionals in that immediate vicinity by whom the subject may be evaluated prior to his or her hearing. The summons shall fix a time for the hearing within seven calendar days after the subject has been taken into emergency protective custody. The failure of a subject to appear as required under this section shall constitute grounds for the issuance by the mental health board of a warrant for his or her custody.Source   Laws 1976, LB 806,  37;  Laws 1981, LB 95,  11;  Laws 1996, LB 1155,  98;   R.S.1943, (1999),  83-1027;  Laws 2004, LB 1083,  43.  
71-924.  Hearing; mental health board; duties.A hearing shall be held by the mental health board to determine whether there is clear and convincing evidence that the subject is mentally ill and dangerous as alleged in the petition. At the commencement of the hearing, the board shall inquire whether the subject has received a copy of the petition and list of rights accorded him or her by sections 71-943 to 71-960 and whether he or she has read and understood them. The board shall explain to the subject any part of the petition or list of rights which he or she has not read or understood. The board shall inquire of the subject whether he or she admits or denies the allegations of the petition. If the subject admits the allegations, the board shall proceed to enter a treatment order pursuant to section 71-925. If the subject denies the allegations of the petition, the board shall proceed with a hearing on the merits of the petition.Source   Laws 1976, LB 806,  45;  Laws 1981, LB 95,  14;   R.S.1943, (1999),  83-1035;  Laws 2004, LB 1083,  44.  
71-925.  Burden of proof; mental health board; hearing; orders authorized; conditions; rehearing.(1) The state has the burden to prove by clear and convincing evidence that (a) the subject is mentally ill and dangerous and (b) neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by the mental health board are available or would suffice to prevent the harm described in section 71-908.(2) If the mental health board finds that the subject is not mentally ill and dangerous, the board shall dismiss the petition and order the unconditional discharge of the subject.(3) If the mental health board finds that the subject is mentally ill and dangerous but that voluntary hospitalization or other treatment alternatives less restrictive of the subject's liberty than treatment ordered by the mental health board are available and would suffice to prevent the harm described in section 71-908, the board shall (a) dismiss the petition and order the unconditional discharge of the subject or (b) suspend further proceedings for a period of up to ninety days to permit the subject to obtain voluntary treatment. At any time during such ninety-day period, the county attorney may apply to the board for reinstatement of proceedings with respect to the subject, and after notice to the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, the board shall hear the application. If no such application is filed or pending at the conclusion of such ninety-day period, the board shall dismiss the petition and order the unconditional discharge of the subject.(4) If the subject admits the allegations of the petition or the mental health board finds that the subject is mentally ill and dangerous and that neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by the board are available or would suffice to prevent the harm described in section 71-908, the board shall, within forty-eight hours, (a) order the subject to receive outpatient treatment or (b) order the subject to receive inpatient treatment. If the subject is ordered by the board to receive inpatient treatment, the order shall commit the subject to the custody of the Department of Health and Human Services for such treatment.(5) A subject who (a) is ordered by the mental health board to receive inpatient treatment and (b) has not yet been admitted for such treatment pursuant to such order may petition for a rehearing by the mental health board based on improvement in the subject's condition such that inpatient treatment ordered by the board would no longer be necessary or appropriate.(6) A treatment order by the mental health board under this section shall represent the appropriate available treatment alternative that imposes the least possible restraint upon the liberty of the subject. The board shall consider all treatment alternatives, including any treatment program or conditions suggested by the subject, the subject's counsel, or other interested person. Inpatient hospitalization or custody shall only be considered as a treatment alternative of last resort. The county attorney and the subject may jointly offer a proposed treatment order for adoption by the board. The board may enter the proposed order without a full hearing.(7) The mental health board may request the assistance of the Department of Health and Human Services or any other person or public or private entity to advise the board prior to the entry of a treatment order pursuant to this section and may require the subject to submit to reasonable psychiatric and psychological evaluation to assist the board in preparing such order. Any mental health professional conducting such evaluation at the request of the mental health board shall be compensated by the county or counties served by such board at a rate determined by the district judge and reimbursed for mileage at the rate provided in section 81-1176.Source   Laws 1976, LB 806,  47;  Laws 1978, LB 501,  7;  Laws 1981, LB 95,  16;  Laws 1996, LB 1155,  102;   R.S.1943, (1999),  83-1037;  Laws 2004, LB 1083,  45.  Annotations  The board of mental health's conclusion that a person before it is a mentally ill dangerous person and that a less restrictive alternative is not available or would not suffice to prevent the harm described in section 83-1009 must be supported by clear and convincing evidence. In re Interest of Vance, 242 Neb. 109, 493 N.W.2d 620 (1992). In determining whether a person is dangerous, the focus must be on the subject's condition at the time of the hearing, not the date the subject of the commitment hearing was initially taken into custody. In re Interest of Rasmussen, 236 Neb. 572, 462 N.W.2d 621 (1990). Statute requires proof that person is dangerous before he will be subject to involuntary confinement. Richards v. Douglas County, 213 Neb. 313, 328 N.W.2d 783 (1983). Pursuant to subsection (6) of this section, a mental health board, after considering all treatment alternatives including any treatment program or conditions suggested by the subject, the subject's counsel, or other interested person, can commit a person for inpatient treatment; such a treatment order shall represent the appropriate available treatment alternative that imposes the least possible restraint upon the liberty of the subject. Inpatient hospitalization or custody shall only be considered as a treatment alternative of last resort. In re Interest of Dennis W., 14 Neb. App. 827, 717 N.W.2d 488 (2006). 
71-926.  Subject; custody pending entry of treatment order.(1) At the conclusion of a mental health board hearing under section 71-924 and prior to the entry of a treatment order by the board under section 71-925, the board may (a) order that the subject be retained in custody until the entry of such order and the subject may be admitted for treatment pursuant to such order or (b) order the subject released from custody under such conditions as the board deems necessary and appropriate to prevent the harm described in section 71-908 and to assure the subject's appearance at a later disposition hearing by the board. A subject shall be retained in custody under this section at the nearest appropriate and available medical facility and shall not be placed in a jail. Each county shall make arrangements with appropriate medical facilities inside or outside the county for such purpose and shall pay the cost of the emergency protective custody of persons from such county in such facilities.(2) A subject who has been ordered to receive inpatient or outpatient treatment by a mental health board may be provided treatment while being retained in emergency protective custody and pending admission of the subject for treatment pursuant to such order.Source   Laws 1976, LB 806,  49;  Laws 1988, LB 257,  4;  Laws 1996, LB 1044,  967;  Laws 1996, LB 1155,  103;   R.S.1943, (1999),  83-1039;  Laws 2004, LB 1083,  46.  
71-927.  Mentally ill and dangerous subject; board; issue warrant; contents; immunity.If the mental health board finds the subject to be mentally ill and dangerous and commits the subject to the custody of the Department of Health and Human Services to receive inpatient treatment, the department shall secure placement of the subject in an appropriate inpatient treatment facility to receive such treatment. The board shall issue a warrant authorizing the administrator of such treatment facility to receive and keep the subject as a patient. The warrant shall state the findings of the board and the legal settlement of the subject, if known, or any available information relating thereto. Such warrant shall shield every official and employee of the treatment facility against all liability to prosecution of any kind on account of the reception and detention of the subject if the detention is otherwise in accordance with the Nebraska Mental Health Commitment Act, rules and regulations adopted and promulgated under the act, and policies of the treatment facility.Source   Laws 1976, LB 806,  51;  Laws 1985, LB 252,  5;  Laws 1994, LB 337,  1;   R.S.1943, (1999),  83-1041;  Laws 2004, LB 1083,  47.  
71-928.  Inpatient treatment; subject taken to facility; procedure.When an order of a mental health board requires inpatient treatment of a subject within a treatment facility, the warrant filed under section 71-927, together with the findings of the mental health board, shall be delivered to the sheriff of the county who shall execute such warrant by conveying and delivering the warrant, the findings, and the subject to the treatment facility. The administrator, over his or her signature, shall acknowledge the delivery on the original warrant which the sheriff shall return to the clerk of the district court with his or her costs and expenses endorsed thereon. If neither the sheriff nor deputy sheriff is available to execute the warrant, the chairperson of the mental health board may appoint some other suitable person to execute the warrant. Such person shall take and subscribe an oath or affirmation to faithfully discharge his or her duty and shall be entitled to the same fees as the sheriff. The sheriff, deputy sheriff, or other person appointed by the mental health board may take with him or her such assistance as may be required to execute the warrant. No female subject shall be taken to a treatment facility without being accompanied by another female or relative of the subject. The administrator in his or her acknowledgment of delivery shall record whether any person accompanied the subject and the name of such person.Source   Laws 1976, LB 806,  52;   R.S.1943, (1999),  83-1042;  Laws 2004, LB 1083,  48.  
71-929.  Mental health board; execution of warrants; costs; procedure.(1) If a mental health board issues a warrant for the admission or return of a subject to a treatment facility and funds to pay the expenses thereof are needed in advance, the board shall estimate the probable expense of conveying the subject to the treatment facility, including the cost of any assistance that might be required, and shall submit such estimate to the county clerk of the county in which such person is located. The county clerk shall certify the estimate and shall issue an order on the county treasurer in favor of the sheriff or other person entrusted with the execution of the warrant.(2) The sheriff or other person executing the warrant shall include in his or her return a statement of expenses actually incurred, including any excess or deficiency. Any excess from the amount advanced for such expenses under subsection (1) of this section shall be paid to the county treasurer, taking his or her receipt therefor, and any deficiency shall be obtained by filing a claim with the county board. If no funds are advanced, the expenses shall be certified on the warrant and paid when returned.(3) The sheriff shall be reimbursed for mileage at the rate provided in section 33-117 for conveying a subject to a treatment facility under this section. For other services performed under the Nebraska Mental Health Commitment Act, the sheriff shall receive the same fees as for like services in other cases.(4) All compensation and expenses provided for in this section shall be allowed and paid out of the treasury of the county by the county board.Source Laws 2004, LB 1083,  49. 
71-930.  Treatment order of mental health board; appeal; final order of district court; appeal.The subject of a petition or the county attorney may appeal a treatment order of the mental health board under section 71-925 to the district court. Such appeals shall be de novo on the record. A final order of the district court may be appealed to the Court of Appeals in accordance with the procedure in criminal cases. The final judgment of the court shall be certified to and become a part of the records of the mental health board with respect to the subject.Source   Laws 1976, LB 806,  53;   Laws 1991, LB 732,  155;   R.S.1943, (1999),  83-1043;  Laws 2004, LB 1083,  50. Annotations  In reviewing a district court's judgment under this act, the Supreme Court will affirm the district court's judgment unless, as a matter of law, the judgment is unsupported by evidence which is clear and convincing. In re Interest of Rasmussen, 236 Neb. 572, 462 N.W.2d 621 (1990). This section requires the district court to review appeals from the mental health board de novo on the record, and this court to hear appeals from the district court in accordance with criminal procedures. In re Interest of Aandahl, 219 Neb. 414, 363 N.W.2d 392 (1985). A finding that the accused is incompetent to stand trial may be appealed to the Supreme Court as a final order. State v. Guatney, 207 Neb. 501, 299 N.W.2d 538 (1980). The Supreme Court will not interfere on appeal with a final order made by the district court in mental health commitment proceedings unless it can say as a matter of law that the order is not supported by clear and convincing evidence. Hill v. County Board of Mental Health, Douglas County, 203 Neb. 610, 279 N.W.2d 838 (1979). Commitment proceedings are judicial in nature and the District Courts must review the decisions of Mental Health Boards de novo on the record. Lux v. Mental Health Board of Polk County, 202 Neb. 106, 274 N.W.2d 141 (1979). An order adjudicating an individual as a mentally ill dangerous person pursuant to section 71-908 and ordering that person retained for an indeterminate amount of time is an order affecting a substantial right in a special proceeding from which an appeal may be taken. In re Interest of Saville, 10 Neb. App. 194, 626 N.W.2d 644 (2001). The subject of a mental health petition (or the county attorney) has the statutory right to appeal the mental health board's decision to the district court, which reviews the case de novo on the record. In re Interest of Michael M., 6 Neb. App. 560, 574 N.W.2d 774 (1998). 
71-9301.  Act, how cited.Sections 71-9301 to 71-9306 shall be known and may be cited as the Home Care Consumer Bill of Rights Act.Source Laws 2016, LB698,  1. 
71-9302.  Terms, defined.For purposes of the Home Care Consumer Bill of Rights Act:(1) Home care consumer means any person who receives home care services and who is (a) sixty years of age or older or (b) a person with disabilities and is younger than sixty years of age. Home care consumer shall also include the parent or guardian of the home care consumer when the consumer is a minor child;(2) Home care services means home and community-based services the purposes of which are to promote independence and reduce the necessity for residence in a long-term care facility, including, but not limited to, personal care services designed to assist an individual in the activities of daily living such as bathing, exercising, personal grooming, and getting in and out of bed, and which are provided under the medicare program under Title XVIII of the federal Social Security Act, as amended, the medicaid program under Title XIX of the federal Social Security Act, as amended, or any other public or private program providing home care services; and(3) Provider of home care services means a public or private organization that provides home care services or arranges for the provision of home care services by an independent contractor.Source Laws 2016, LB698,  2. 
71-9303.  Minor child; incapacitated person; representation; assistance in securing rights.(1) A home care consumer who is a minor child shall be represented by his or her parent or guardian. Such parent or guardian shall act on behalf of the minor child in securing the minor childs rights under the Home Care Consumer Bill of Rights Act.(2) A home care consumer who has been found by a court to be an incapacitated person shall be represented by a guardian. Such guardian shall act on behalf of the incapacitated person in securing the incapacitated persons rights under the Home Care Consumer Bill of Rights Act.(3) A home care consumer or an incapacitated person who is not a minor child has the right to the assistance of an agent, an attorney, an individual designated pursuant to a power of attorney, or an individual otherwise designated in writing by the home care consumer to act on behalf of the home care consumer in securing his or her rights under the act.Source Laws 2016, LB698,  3. 
71-9304.  Rights.In addition to any other rights recognized under state or federal law, a home care consumer has the following rights:(1) The right to confidentiality of all personal, financial, and medical information which is disclosed to a provider of home care services. A home care consumer also has the right of access to his or her own records and all written information from those records;(2) The right to receive disclosure from the provider of home care services in writing and in plain language (a) whether the provider of home care services is an employer, a joint employer, an employee leasing company, or a contractor, as applicable, and (b) that the home care consumer (i) may be considered an employer under law and, if the home care consumer is so considered, may be held responsible for the payment of federal and state taxes, including, but not limited to, federal and state income taxes, taxes under the Federal Insurance Contributions Act for purposes of social security and medicare, contributions under the Federal Unemployment Tax Act and the Employment Security Law, payment of overtime pay and minimum wage, workers compensation insurance, and any other applicable payments required under state or federal law and (ii) should consult a tax professional if the home care consumer is uncertain about his or her responsibility for such payments;(3) The right to be informed of the home care consumers rights under the Home Care Consumer Bill of Rights Act by a provider of home care services prior to receiving home care services. The provider of home care services shall provide a copy of the rights guaranteed by the Home Care Consumer Bill of Rights Act in the format accessible to the consumer which may include paper, electronic, audio, large print, or braille;(4) The right to be informed of the contact information for the entities the home care consumer may contact if the home care consumers rights are violated, including the Consumer Protection Division of the Office of the Attorney General, in order to have grievances addressed in an appropriate and timely manner and without retaliation;(5) The right to participate in the planning of his or her home care services, including, but not limited to, the right to make choices about aspects of the home care services that are important to him or her, choosing providers and schedules to the extent practicable, receiving reasonable accommodation of his or her needs and preferences, and involving anyone he or she chooses to participate with him or her in that planning;(6) The right to receive sufficient information to make informed decisions, to be fully informed in advance about any proposed changes in home care services, and to be involved in the decisionmaking process regarding those changes;(7) The right to refuse home care services;(8) The right to be informed of the cost of home care services prior to receiving those services, whether the cost of home care services is covered under health insurance, long-term care insurance, or other private or public programs, and any charges the home care consumer will be expected to pay for such home care services. A home care consumer has the right to thirty days' advance notice of any changes to such costs or services;(9) The right to receive care and services provided in a way that promotes his or her dignity and individuality; and(10) The right to (a) express grievances about the quality of the home care services, the number of hours of home care services, and any violations of the home care consumers rights under the Home Care Consumer Bill of Rights Act and (b) assert the rights under the act without retaliation.Source Laws 2016, LB698,  4. Cross References  Employment Security Law, see section 48-601.
71-9305.  Attorney General; enforcement; powers; civil action; civil penalty; damages.(1) When the Attorney General has cause to believe that any provider of home care services is violating the Home Care Consumer Bill of Rights Act, the Attorney General may enforce the act.(2) For purposes of the act, the Attorney General may:(a) Require a provider of home care services to file a statement or report in writing under oath or otherwise as to all facts and circumstances concerning the provision of home care services to the home care consumer;(b) Examine under oath any person in connection with the provision of home care services;(c) Examine any property or sample thereof, record, book, document, account, or paper as the Attorney General deems necessary; and(d) Issue subpoenas to require the attendance of witnesses or the production of documents.(3) The Attorney General may bring a civil action in the district court of any county in which a violation occurred, or in Lancaster County, seeking injunctive relief and a monetary award for civil penalties, attorneys fees, and costs. Any person who violates the act shall be subject to a civil penalty of not more than two thousand dollars for each violation.(4) The Attorney General may also seek and recover actual damages for each health care consumer injured by a violation of the act.Source Laws 2016, LB698,  5. 
71-9306.  Civil action.Any home care consumer who suffers a loss or harm as a result of a violation of the Home Care Consumer Bill of Rights Act may file a civil action to recover actual damages, attorneys fees, court costs, and any other remedies provided by law.Source Laws 2016, LB698,  6. 
71-931.  Treatment order; individualized treatment plan; contents; copy; filed; treatment; when commenced.(1) Any treatment order entered by a mental health board under section 71-925 shall include directions for (a) the preparation and implementation of an individualized treatment plan for the subject and (b) documentation and reporting of the subject's progress under such plan.(2) The individualized treatment plan shall contain a statement of (a) the nature of the subject's mental illness or substance dependence, (b) the least restrictive treatment alternative consistent with the clinical diagnosis of the subject, and (c) intermediate and long-term treatment goals for the subject and a projected timetable for the attainment of such goals.(3) A copy of the individualized treatment plan shall be filed with the mental health board for review and inclusion in the subject's file and served upon the county attorney, the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, within five working days after the entry of the board's order. Treatment shall be commenced within two working days after preparation of the plan.(4) The subject shall be entitled to know the contents of the individualized treatment plan and what the subject must do in order to meet the requirements of such plan.(5) The subject shall be notified by the mental health board when the mental health board has changed the treatment order or has ordered the discharge of the subject from commitment.Source   Laws 1976, LB 806,  54;  Laws 1978, LB 501,  9;  Laws 1981, LB 95,  17;  Laws 1996, LB 1155,  105;   R.S.1943, (1999),  83-1044;  Laws 2004, LB 1083,  51.  
71-932.  Person responsible for subject's individualized treatment plan; periodic progress reports; copies; filed and served.The person or entity designated by the mental health board under section 71-931 to prepare and oversee the subject's individualized treatment plan shall submit periodic reports to the mental health board of the subject's progress under such plan and any modifications to the plan. The mental health board may distribute copies of such reports to other interested parties as permitted by law. With respect to a subject ordered by the mental health board to receive inpatient treatment, such initial report shall be filed with the mental health board for review and inclusion in the subject's file and served upon the county attorney, the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, no later than ten days after submission of the subject's individualized treatment plan. With respect to each subject committed by the mental health board, such reports shall be so filed and served no less frequently than every ninety days for a period of one year following submission of the subject's individualized treatment plan and every six months thereafter.Source   Laws 1976, LB 806,  55;  Laws 1978, LB 501,  10;  Laws 1996, LB 1155,  106;   R.S.1943, (1999),  83-1045;  Laws 2004, LB 1083,  52.  
71-933.  Outpatient treatment provider; duties; investigation by county attorney; warrant for immediate custody of subject; when.(1) Any provider of outpatient treatment to a subject ordered by a mental health board to receive such treatment shall report to the board and to the county attorney if (a) the subject is not complying with his or her individualized treatment plan, (b) the subject is not following the conditions set by the mental health board, (c) the treatment plan is not effective, or (d) there has been a significant change in the subject's mental illness or substance dependence. Such report may be transmitted by facsimile, but the original of the report shall be mailed to the board and the county attorney no later than twenty-four hours after the facsimile transmittal.(2)(a) Upon receipt of such report, the county attorney shall have the matter investigated to determine whether there is a factual basis for the report.(b) If the county attorney determines that there is no factual basis for the report or that no further action is warranted, he or she shall notify the board and the treatment provider and take no further action.(c) If the county attorney determines that there is a factual basis for the report and that intervention by the mental health board is necessary to protect the subject or others, the county attorney may file a motion for reconsideration of the conditions set forth by the board and have the matter set for hearing.(d) The county attorney may apply for a warrant to take immediate custody of the subject pending a rehearing by the board under subdivision (c) of this subsection if the county attorney has reasonable cause to believe that the subject poses a threat of danger to himself or herself or others prior to such rehearing. The application for a warrant shall be supported by affidavit or sworn testimony by the county attorney, a mental health professional, or any other informed person. The application for a warrant and the supporting affidavit may be filed with the board by facsimile, but the original shall be filed with the board not later than three days after the facsimile transmittal, excluding holidays and weekends. Sworn testimony in support of the warrant application may be taken over the telephone at the discretion of the board.Source  Laws 1994, LB 498,  9;   R.S.1943, (1999),  83-1045.01;  Laws 2004, LB 1083,  53.  
71-934.  Outpatient treatment; hearing by board; warrant for custody of subject; subject's rights; board determination.The mental health board shall, upon motion of the county attorney, or may, upon its own motion, hold a hearing to determine whether a subject ordered by the board to receive outpatient treatment can be adequately and safely served by the individualized treatment plan for such subject on file with the board. The mental health board may issue a warrant directing any law enforcement officer in the state to take custody of the subject and directing the sheriff or other suitable person to transport the subject to a treatment facility or public or private hospital with available capacity specified by the board where he or she will be held pending such hearing. No person may be held in custody under this section for more than seven days except upon a continuance granted by the board. At the time of execution of the warrant, the sheriff or other suitable person designated by the board shall personally serve upon the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, a notice of the time and place fixed for the hearing, a copy of the motion for hearing, and a list of the rights provided by the Nebraska Mental Health Commitment Act. The subject shall be accorded all the rights guaranteed to a subject by the act. Following the hearing, the board shall determine whether outpatient treatment will be continued, modified, or ended.Source  Laws 1994, LB 498,  10;  Laws 1996, LB 1155,  107;   R.S.1943, (1999),  83-1045.02;  Laws 2004, LB 1083,  54.  Annotations Under former law, language in this section providing that no person may be held in custody pending a hearing for a period exceeding 7 days is directory, not mandatory, because of the purposes of this section and the lack of a remedy for violation of this section. In re Interest of E.M., 13 Neb. App. 287, 691 N.W.2d 550 (2005).
71-935.  Mental health board; review hearing; order discharge or change treatment disposition; when.(1) Upon the filing of a periodic report under section 71-932, the subject, the subject's counsel, or the subject's legal guardian or conservator, if any, may request and shall be entitled to a review hearing by the mental health board and to seek from the board an order of discharge from commitment or a change in treatment ordered by the board. The mental health board shall schedule the review hearing no later than fourteen calendar days after receipt of such request. The mental health board may schedule a review hearing (a) at any time pursuant to section 71-937 or 71-938, (b) upon the request of the subject, the subject's counsel, the subject's legal guardian or conservator, if any, the county attorney, the official, agency, or other person or entity designated by the mental health board under section 71-931 to prepare and oversee the subject's individualized treatment plan, or the mental health professional directly involved in implementing such plan, or (c) upon the board's own motion.(2) The board shall immediately discharge the subject or enter a new treatment order with respect to the subject whenever it is shown by any person or it appears upon the record of the periodic reports filed under section 71-932 to the satisfaction of the board that (a) cause no longer exists for the care or treatment of the subject or (b) a less restrictive treatment alternative exists for the subject. When discharge or a change in disposition is in issue, due process protections afforded under the Nebraska Mental Health Commitment Act shall attach to the subject.Source   Laws 1976, LB 806,  56;  Laws 1994, LB 498,  11;  Laws 1996, LB 1155,  108;   R.S.1943, (1999),  83-1046;  Laws 2004, LB 1083,  55.  Annotations  The Nebraska Mental Health Commitment Act clearly and plainly contemplates that due process be afforded at hearings other than the one held upon the filing of the initial petition. In re Interest of Powers, 242 Neb. 19, 493 N.W.2d 166 (1992). Upon review of a commitment under this section, the State must prove by clear and convincing evidence that the individual remains mentally ill and dangerous. In re Interest of Dickson, 238 Neb. 148, 469 N.W.2d 357 (1991). 
71-936.  Regional center or treatment facility; administrator; discharge of involuntary patient; notice.When the administrator of any regional center or treatment facility for the treatment of persons who are mentally ill or substance dependent determines that any involuntary patient in such facility may be safely and properly discharged or placed on convalescent leave, the administrator of such regional center or treatment facility shall immediately notify the mental health board of the judicial district from which such patient was committed.Source   Laws 1967, c. 251,  16, p. 670;  Laws 1981, LB 95,  4;   R.S.1943, (1999),  83-340.01;  Laws 2004, LB 1083,  56.  
71-937.  Mental health board; notice of release; hearing.A mental health board shall be notified in writing of the release by the treatment facility of any individual committed by the mental health board. Such notice shall immediately be forwarded to the county attorney. The mental health board shall, upon the motion of the county attorney, or may upon its own motion, conduct a hearing to determine whether the individual is mentally ill and dangerous and consequently not a proper subject for release. Such hearing shall be conducted in accordance with the procedures established for hearings under the Nebraska Mental Health Commitment Act. The subject of such hearing shall be accorded all rights guaranteed to the subject of a petition under the act.Source  Laws 1981, LB 95,  26;  Laws 2003, LB 724,  10;   R.S.Supp.,2003,  83-1079;  Laws 2004, LB 1083,  57.  
71-938.  Mental health board; person released from treatment; compliance with conditions of release; conduct hearing; make determination.The mental health board shall, upon the motion of the county attorney, or may upon its own motion, hold a hearing to determine whether a person who has been ordered by the board to receive inpatient or outpatient treatment is adhering to the conditions of his or her release from such treatment, including the taking of medication. The subject of such hearing shall be accorded all rights guaranteed to a subject under the Nebraska Mental Health Commitment Act, and such hearing shall apply the standards used in all other hearings held pursuant to the act. If the mental health board concludes from the evidence at the hearing that there is clear and convincing evidence that the subject is mentally ill and dangerous, the board shall so find and shall within forty-eight hours enter an order of final disposition providing for the treatment of such person in accordance with section 71-925.Source  Laws 1981, LB 95,  27;   R.S.1943, (1999),  83-1080;  Laws 2004, LB 1083,  58.  
71-939.  Escape from treatment facility or program; notification required; contents; warrant; execution; peace officer; powers.When any person receiving treatment at a treatment facility or program for persons with mental illness or substance dependence pursuant to an order of a court or mental health board is absent without authorization from such treatment facility or program, the administrator or program director of such treatment facility or program shall immediately notify the Nebraska State Patrol and the court or clerk of the mental health board of the judicial district from which such person was committed. The notification shall include the person's name and description and a determination by a psychiatrist, clinical director, administrator, or program director as to whether the person is believed to be currently dangerous to others. The clerk shall issue the warrant of the board directed to the sheriff of the county for the arrest and detention of such person. Such warrant may be executed by the sheriff or any other peace officer. Pending the issuance of the warrant of the mental health board, any peace officer may seize and detain such person when the peace officer has probable cause to believe that the person is reported to be absent without authorization as described in this section. Such person shall be returned to the treatment facility or program or shall be taken to a facility as described in section 71-919 until he or she can be returned to such treatment facility or program.Source   Laws 1969, c. 215,  10, p. 835;   Laws 1976, LB 806,  19;   R.S.1943, (1994),  83-308.02;  Laws 1996, LB 1155,  112;   R.S.1943, (1999),  83-1071;  Laws 2004, LB 1083,  59.  
71-940.  Person with mental illness or substance dependence; committed under other state's laws; return to other state; procedure; warrant issued.The Governor may, upon demand from officials of another state, deliver to the executive authority of another state or his or her designee any person who is absent without authorization from a treatment facility or program for persons with mental illness or substance dependence to which such person has been committed under the laws of the other state either through civil commitment, as a result of being found not responsible for a criminal act by reason of insanity or mental illness, or as a result of being found not competent to stand trial for a criminal charge. The demand shall be accompanied by a certified copy of the commitment and sworn statement by the administrator of the treatment facility or program stating that (1) the person is absent without authorization, (2) the person is currently dangerous to himself, herself, or others, and (3) the demanding state is willing to accept the person back for further treatment. If the Governor is satisfied that the demand conforms to law, the Governor shall issue a warrant under seal of this state authorizing the return of such person to the demanding state at the expense of the demanding state.Source  Laws 1996, LB 1155,  113;   R.S.1943, (1999),  83-1072;  Laws 2004, LB 1083,  60.  
71-9401.  Act, how cited.Sections 71-9401 to 71-9408 shall be known and may be cited as the Assisting Caregiver Transitions Act.Source Laws 2016, LB698,  7. 
71-9402.  Terms, defined.For purposes of the Assisting Caregiver Transitions Act:(1) Activities of daily living means transfer, ambulation, exercise, toileting, eating, self-administration of medication, and similar activities;(2) Aftercare means assistance provided by a caregiver to a patient in the patients residence after the patients discharge from a hospital following an inpatient stay and may include, but is not limited to, (a) assisting with activities of daily living and (b) carrying out medical or nursing tasks, including, but not limited to, managing wound care, assisting in administration of medication, and operating medical equipment;(3) Caregiver means a person nineteen years of age or older who is designated by a patient or a patient's legal guardian to provide aftercare;(4) Hospital means a general acute hospital as defined in section 71-412; and(5) Residence means the home in which a patient resides. Residence does not include an assisted-living facility as defined in section 71-5903, a group home, a hospital as defined in section 71-419, an intermediate care facility as defined in section 71-420, a rehabilitation hospital as defined in section 71-427 or other rehabilitation facility, a nursing facility as defined in section 71-424, or a skilled nursing facility as defined in section 71-429.Source  Laws 2016, LB698,  8;  Laws 2018, LB439,  10.  
71-9403.  Designation of caregiver; hospital; duties.(1) A hospital shall give each patient or patients legal guardian the opportunity to designate at least one caregiver as soon as practicable and prior to the patients release.(2) If a patient is unconscious or incapacitated upon his or her admission to the hospital, the hospital shall give the patient or the patient's legal guardian the opportunity to designate a caregiver as soon as possible after the patients recovery of consciousness or capacity.(3) A patient or his or her legal guardian is not required to designate a caregiver at any time. If a patient or a patient's legal guardian declines to designate a caregiver, the hospital shall document this fact in the patients medical record.Source Laws 2016, LB698,  9. 
71-9404.  Designation of caregiver; record; contents; effect of designation.(1) If a patient or a patients legal guardian designates a caregiver, the hospital shall record in the patients medical record the designated caregivers name, his or her relationship to the patient, and the caregivers telephone number, residence address, and other contact information.(2) A patient or a patients legal guardian may change the caregiver designation at any time. The hospital shall document the change in the patients medical record before the patient's discharge.(3) A person designated as a caregiver is not obligated to accept such designation or to perform aftercare for the designating patient or patient's legal guardian.Source Laws 2016, LB698,  10. 
71-9405.  Notification of discharge or transfer.If a patient or a patients legal guardian designates a caregiver, the hospital shall notify the caregiver of the patients discharge from the hospital or transfer to another facility as soon as practicable which may be after the patients physician issues a discharge or transfer order. If the hospital is unable to contact the caregiver, such lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or the medically appropriate discharge or transfer of the patient. The hospital shall document all attempts to contact the caregiver in the patient's medical record.Source Laws 2016, LB698,  11. 
71-9406.  Discharge plan; contents; instructions concerning aftercare tasks; documentation.(1) As soon as possible after designation of a caregiver and prior to the patients discharge, the hospital shall attempt to consult with the patient or the patients legal guardian and the caregiver and shall issue a discharge plan that describes the patients aftercare needs. The discharge plan shall include, but need not be limited to:(a) The name and contact information of the caregiver, as provided by him or her; and(b) A description of the aftercare tasks necessary to maintain the patients ability to reside in his or her residence.(2) The hospital shall provide the caregiver with instructions concerning all aftercare tasks described in the discharge plan. The instructions shall include, but need not be limited to:(a) A live demonstration of or instruction in the aftercare tasks, as performed by a hospital employee or other authorized individual in a culturally competent manner;(b) An opportunity for the caregiver and the patient or the patients guardian to ask questions about aftercare; and(c) Answers to the caregivers, patients, and patients legal guardians questions in a culturally competent manner.(3) The hospital shall document the instructions in the patients medical record, including the date, time, and contents of the instructions and whether the caregiver accepted or refused the offer of instruction.Source Laws 2016, LB698,  12. 
71-9407.  Assisting Caregiver Transitions Act; effect.The Assisting Caregiver Transitions Act does not:(1) Create a private right of action against a hospital, a hospital employee, or a person with whom the hospital has a contractual relationship;(2) Create additional civil or regulatory liability for a hospital, a hospital employee, or a person with whom the hospital has a contractual relationship;(3) Supersede or replace existing rights or remedies under any other law;(4) Affect a license issued to a hospital pursuant to the Health Care Facility Licensure Act;(5) Establish a new requirement to reimburse or otherwise pay for services rendered by a caregiver for aftercare; or(6) Interfere with an individual acting under a valid power of attorney for health care as defined in section 30-3402 or acting as a conservator as defined in section 30-2209.Source Laws 2016, LB698,  13. Cross References  Health Care Facility Licensure Act, see section 71-401.
71-9408.  Rules and regulations.The Department of Health and Human Services may adopt and promulgate rules and regulations to carry out the Assisting Caregiver Transitions Act.Source Laws 2016, LB698,  14. 
71-941.  Person with mental illness or substance dependence; arrested under warrant; notice; rights; writ of habeas corpus; hearing.(1) A person arrested upon a warrant pursuant to section 71-940 shall not be delivered to a demanding state until he or she is notified of the demand for his or her surrender and has had an opportunity to apply for a writ of habeas corpus. If an application is filed, notice of the time and place for hearing on the writ shall be given to the county attorney of the county where the arrest was made. The person arrested shall have the right to counsel and the right to have counsel appointed for him or her if the person is indigent. Pending the determination of the court upon the application for the writ, the person detained shall be maintained in a suitable facility as described in section 71-919 or a hospital for persons with mental illness.(2) At a hearing on a writ of habeas corpus, the State of Nebraska shall show that there is probable cause to believe that (a) such person is absent without authorization from a treatment facility or program for persons with mental illness or substance dependence to which he or she was committed located in the demanding state, (b) the demanding state has reason to believe that such person is currently dangerous to himself, herself, or others, and (c) the demanding state is willing to accept the person back for further treatment.Source  Laws 1996, LB 1155,  114;   R.S.1943, (1999),  83-1073;  Laws 2004, LB 1083,  61.  
71-942.  Person with mental illness, substance dependence, or personality disorder; dangerous sex offender; located outside state; demand return; procedure.The Governor may appoint an agent to demand of the executive authority of another state any person who is located in such other state, who was receiving treatment at a treatment facility or program in this state pursuant to the Nebraska Mental Health Commitment Act, the Sex Offender Commitment Act, or section 29-1823, 29-2203, or 29-3701 to 29-3704, and who is absent without authorization from such treatment facility or program. The demand shall be accompanied by a certified copy of the order of commitment and a sworn statement by the administrator of the treatment facility or program stating that (1) the person is absent without authorization, (2) the administrator or program director of such treatment facility or program believes that such person is currently dangerous to himself, herself, or others, and (3) the treatment facility or program is willing to accept the person back for further treatment. This section does not prevent extradition under the Uniform Criminal Extradition Act if such act applies.Source  Laws 1996, LB 1155,  115;   R.S.1943, (1999),  83-1074;  Laws 2004, LB 1083,  62;  Laws 2006, LB 1199,  39.  Cross References   Sex Offender Commitment Act, see section 71-1201.  Uniform Criminal Extradition Act, see section 29-758. 
71-943.  Subjects' rights during proceedings against them.In addition to the rights granted subjects by any other provisions of the Nebraska Mental Health Commitment Act, such subjects shall be entitled to the rights provided in sections 71-943 to 71-960 during proceedings concerning the subjects under the act.Source   Laws 1976, LB 806,  57;  Laws 2000, LB 884,  10;   R.S.Supp.,2002,  83-1047;  Laws 2004, LB 1083,  63.  
71-944.  Subject's rights; written notice of the time and place of hearing; reasons alleged for treatment; procedure.A subject shall, in advance of the mental health board hearing conducted under section 71-924 or 71-1208, be entitled to written notice of the time and place of such hearing, the reasons alleged for believing that he or she is mentally ill and dangerous or a dangerous sex offender requiring inpatient or outpatient treatment ordered by the mental health board, and all rights to which such subject is entitled under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. The notice requirements shall be deemed satisfied by personal service upon the subject of the summons or notice of time and place of the hearing and copies of the petition and list of rights required by sections 71-923 and 71-924 or sections 71-1207 and 71-1208. If the subject has counsel and if the physician or mental health professional on the board determines that the nature of the alleged mental disorder or personality disorder, if true, is such that it is not prudent to disclose the label of the mental disorder or personality disorder to the subject, then notice of this label may be disclosed to the subject's counsel rather than to the subject. When the subject does not have counsel, the subject has a right to the information about his or her mental illness or personality disorder, including its label. The clerk shall issue the summons by order of the mental health board.Source   Laws 1976, LB 806,  58;  Laws 1981, LB 95,  18;  Laws 2000, LB 884,  11;   R.S.Supp.,2002,  83-1048;  Laws 2004, LB 1083,  64;  Laws 2006, LB 1199,  40.  Cross References  Sex Offender Commitment Act, see section 71-1201.
71-945.  Subject's rights; representation by counsel; appointment of counsel if indigent.A subject shall have the right to be represented by counsel in all proceedings under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. Counsel for a subject who is in custody shall have full access to and the right to consult privately with the subject at all reasonable times. As soon as possible after a subject is taken into emergency protective custody under section 71-919, or after the filing of a petition under section 71-921 or 71-1205, whichever occurs first, and before the mental health board hearing conducted under section 71-924 or 71-1208, the board shall determine whether the subject is indigent. If the subject is found to be indigent, the board shall certify that fact to the district or county court by causing to be delivered to the clerk of such court a certificate for appointment of counsel as soon as possible after a subject is taken into emergency protective custody or such petition is filed.Source   Laws 1976, LB 806,  59;  Laws 1981, LB 95,  19;  Laws 2000, LB 884,  12;   R.S.Supp.,2002,  83-1049;  Laws 2004, LB 1083,  65;  Laws 2006, LB 1199,  41.  Cross References  Sex Offender Commitment Act, see section 71-1201.
71-946.  Appointment of counsel; procedure.The appointment of counsel under section 71-945 shall be in accordance with the following procedures:(1) Except in counties having a public defender, upon the receipt from the mental health board of a certificate for the appointment of counsel, the clerk of the district court shall notify the district judge or the county judge of the county in which the proceedings are pending of the receipt of such certificate. The judge to whom the certificate was issued shall appoint an attorney to represent the person concerning whom an application is filed before the mental health board, whereupon the clerk of the court shall enter upon the certificate the name of the attorney appointed and deliver the certificate of appointment of counsel to the mental health board. The clerk of the district court or the clerk of the county court shall also keep and maintain a record of all appointments which shall be conclusive evidence thereof. All appointments of counsel under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act may be made at any time or place in the state; and(2) In counties having a public defender, upon receipt from the mental health board of a certificate for the appointment of counsel, the clerk of the district court shall notify the public defender of his or her appointment to represent the person and shall enter upon the certificate the name of the attorney appointed and deliver the certificate of appointment of counsel to the mental health board.Source   Laws 1976, LB 806,  60;  Laws 2000, LB 884,  13;   R.S.Supp.,2002,  83-1050;  Laws 2004, LB 1083,  66;  Laws 2006, LB 1199,  42.  Cross References  Sex Offender Commitment Act, see section 71-1201.
71-947.  Appointed counsel; fees; reimbursement of costs incurred; procedure.Counsel appointed as provided in subdivision (1) of section 71-946 shall apply to the court in which his or her appointment is recorded for fees for services performed. Such counsel may also apply to the court to secure separate professional examination of the person for whom counsel was appointed and shall be reimbursed for costs incurred in securing such separate examination or examinations or in having other professional persons as witnesses before the mental health board. The court, upon hearing the application, shall fix reasonable fees, including reimbursement of costs incurred. The county board of the county in which the application was filed shall allow the account, bill, or claim presented by the attorney for services performed under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act in the amount determined by the court. No such account, bill, or claim shall be allowed by the county board until the amount thereof has been determined by the court.Source   Laws 1976, LB 806,  61;  Laws 2000, LB 884,  14;   R.S.Supp.,2002,  83-1051;  Laws 2004, LB 1083,  67;  Laws 2006, LB 1199,  43.  Cross References  Sex Offender Commitment Act, see section 71-1201.Annotations An attorney validly appointed by a court to assist an indigent subject in a habeas corpus proceeding challenging the subject's custody or treatment under the Sex Offender Commitment Act is entitled to attorney fees. D.I. v. Gibson, 295 Neb. 903, 890 N.W.2d 506 (2017).
71-948.  Subject's rights; independent evaluation and assistance in proceedings; fees and expenses.A subject or the subject's counsel shall have the right to employ mental health professionals of his or her choice to independently evaluate the subject's mental condition and testify for and otherwise assist the subject in proceedings under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. If the subject is indigent, only one such person may be employed except with leave of the mental health board. Any person so employed by a subject determined by the board to be indigent, except a subject represented by the public defender, shall apply to the board for expenses reasonably necessary to such person's effective assistance of the subject and for reasonable fees for services performed by such person in assisting the subject. The board shall then fix reasonable fees and expenses, and the county board shall allow payment to such person in the full amount fixed by the board.Source   Laws 1976, LB 806,  62;  Laws 1994, LB 1210,  161;   R.S.1943, (1999),  83-1052;  Laws 2004, LB 1083,  68;  Laws 2006, LB 1199,  44.  Cross References  Sex Offender Commitment Act, see section 71-1201.
71-949.  Counsel for subject; rights; enumerated; discovery; appeal from denial of discovery; when.Counsel for a subject, upon request made to the county attorney at any time after the subject has been taken into emergency protective custody under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act, or after the filing of a petition under section 71-921 or 71-1205, whichever occurs first, shall have the right to be provided with (1) the names of all witnesses expected to testify in support of the petition, (2) knowledge of the location and access at reasonable times for review or copying of all written documents including reports of peace officers, law enforcement agencies, and mental health professionals, (3) access to all other tangible objects in the possession of the county attorney or to which the county attorney has access, and (4) written records of any treatment facility or mental health professional which or who has at any time treated the subject for mental illness, substance dependence, or a personality disorder, which records are relevant to the issues of whether the subject is mentally ill and dangerous or a dangerous sex offender and, if so, what treatment disposition should be ordered by the mental health board. The board may order further discovery at its discretion. The county attorney shall have a reciprocal right to discover items and information comparable to those first discovered by the subject. The county court and district court shall have the power to rule on objections to discovery in matters which are not self-activating. The right of appeal from denial of discovery shall be at the time of the conclusion of the mental health board hearing.Source   Laws 1976, LB 806,  63;  Laws 1981, LB 95,  20;   R.S.1943, (1999),  83-1053;  Laws 2004, LB 1083,  69;  Laws 2006, LB 1199,  45.  Cross References  Sex Offender Commitment Act, see section 71-1201.
71-950.  Continuances; liberally granted.Continuances shall be liberally granted at the request of the subject. Continuances may be granted to permit the subject to obtain voluntary treatment at a private facility.Source   Laws 1976, LB 806,  64;  Laws 1985, LB 252,  6;   R.S.1943, (1999),  83-1054;  Laws 2004, LB 1083,  70.  
71-9501.  Act, how cited.Sections 71-9501 to 71-9511 shall be known and may be cited as the Direct Primary Care Agreement Act.Source Laws 2016, LB817,  1. 
71-9502.  Legislative intent; purpose of act.(1) It is the intent of the Legislature to promote personal responsibility for health care and cost-effective delivery of health care by enabling the innovative use of direct primary care practice agreements for primary medical care in order to improve access to medical care, reduce the use of emergency departments for primary care, and allow emergency departments to treat emergencies more effectively and reduce costs.(2) The purpose of the Direct Primary Care Agreement Act is to confirm that direct primary care agreements that meet the requirements of the act do not constitute insurance or function as a qualified health plan pursuant to any federal mandates.Source Laws 2016, LB817,  2. 
71-9503.  Terms, defined.For purposes of the Direct Primary Care Agreement Act:(1) Direct agreement means a direct primary care agreement entered into on or after July 21, 2016, meeting the requirements of section 71-9504;(2) Direct patient means an individual or family that is party to a direct agreement and is entitled to receive primary care services under the direct agreement from the direct provider;(3) Direct provider means (a) a physician or nurse practitioner who is licensed under the Uniform Credentialing Act, who specializes or is board-certified in general practice, family medicine, internal medicine, or pediatrics, and who provides primary care services through a direct agreement, (b) a group of physicians or nurse practitioners who are licensed under the Uniform Credentialing Act, who specialize or are board-certified in general practice, family medicine, internal medicine, or pediatrics, and who provide primary care services as a group through a direct agreement, or (c) an entity that sponsors, employs, or is otherwise affiliated with a group of physicians or nurse practitioners, which physicians or nurse practitioners are licensed under the Uniform Credentialing Act, specialize or are board-certified in general practice, family medicine, internal medicine, or pediatrics, and provide only primary care services as a group through a direct agreement if (i) the entity is wholly owned by the group of physicians or nurse practitioners or is a nonprofit corporation exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 and (ii) the entity is not otherwise regulated as a health care service contractor, health maintenance organization, or disability insurer. Such an entity is not prohibited from sponsoring, employing, or being otherwise affiliated with other types of health care providers not engaged in a direct agreement;(4) Direct service charge means a charge for primary care services provided by, or to be provided by, the direct provider to the direct patient. Direct service charge includes a charge in any form, including a periodic retainer, membership fee, subscription fee, or other charge paid under a direct agreement;(5) Patients representative means a guardian or other person holding a power of attorney for health care; and(6) Primary care means general health care services of the type provided at the time a patient seeks preventive care or first seeks health care services for a specific health concern. Primary care may include, but not be limited to:(a) Care which promotes and maintains mental and physical health and wellness;(b) Care which prevents disease;(c) Screening, diagnosing, and treating acute or chronic conditions caused by disease, injury, or illness;(d) Providing patient counseling and education; and(e) Providing a broad spectrum of preventive and curative health care over a period of time.Source Laws 2016, LB817,  3. Cross References  Uniform Credentialing Act, see section 38-101.
71-9504.  Direct agreement; requirements; notice; copy to direct patient.(1) In order to be a valid direct agreement for purposes of the Direct Primary Care Agreement Act, a direct agreement between a direct provider and a direct patient or the patient's representative in which the direct provider charges a direct service charge as consideration for being available to provide and for providing primary care services to the direct patient shall meet the following requirements:(a) A direct agreement shall be in writing;(b) A direct agreement shall be signed by the direct provider or an agent of the direct provider and the direct patient or the direct patients representative;(c) A direct agreement shall describe the scope of the primary care services included in the direct agreement;(d) A direct agreement shall state each location where primary care services may be provided and whether out-of-office services are included;(e) A direct agreement shall specify the direct service charge and any other charges for primary care services not covered by the direct service charge;(f) A direct agreement shall specify the duration of the direct agreement, whether renewal is automatic, and procedures for renewal if required;(g) A direct agreement shall specify the terms of the direct agreement and the conditions upon which the direct agreement may be terminated by the direct provider, including at least thirty days notice to the direct patient in accordance with section 71-2085;(h) A direct agreement shall state that the direct agreement is terminable at will by written notice from the direct patient to the direct provider;(i) A direct agreement shall state that if a party provides written notice of termination of the direct agreement, the direct provider is required to refund to the direct patient all unearned direct service charges within thirty days after the date of the notice of termination;(j) A direct agreement shall prominently state in writing that the direct patient is required to pay the direct provider for any service not specified in the direct agreement and not otherwise covered by insurance; and(k) A direct agreement shall include a notice that reads substantially as follows:NOTICE: This direct primary care agreement does not constitute insurance and is not a medical plan that provides health insurance coverage for purposes of any federal mandates. This direct primary care agreement only provides for the primary care services described in the agreement. It is recommended that insurance be obtained to cover medical services not provided for under this direct primary care agreement. You are always personally responsible for the payment of any additional medical expenses you may incur.(2) A direct provider shall ensure that a copy of a direct agreement is given to each direct patient at the time the patient signs the direct agreement.Source Laws 2016, LB817,  4. 
71-9505.  Direct provider; provide written disclaimer; notice; contents.A direct provider shall provide a written disclaimer on or accompanying each application for primary care services under a direct agreement with the direct provider and any guidelines distributed by or on behalf of the direct provider that informs a patient of his or her financial rights and responsibilities and that states that the direct provider will not bill a health insurance carrier for services covered under the direct agreement. The disclaimer shall also include a notice that reads substantially as follows:NOTICE: This direct primary care agreement does not constitute insurance and is not a medical plan that provides health insurance coverage for purposes of any federal mandates. This direct primary care agreement only provides for the primary care services described in the agreement. It is recommended that insurance be obtained to cover medical services not provided for under this direct primary care agreement. You are always personally responsible for the payment of any additional medical expenses you may incur.Source Laws 2016, LB817,  5. 
71-9506.  Direct provider; limitation on activities; duty.(1) A direct provider shall not refuse to accept a new direct patient or discontinue care to an existing direct patient solely because of the patients health status.(2) A direct provider shall provide at least sixty days advance notice to an existing direct patient of any change to the direct service charge applicable to the patient.(3) A direct provider shall not pay for health care services covered by an agreement rendered to patients by direct providers other than the direct providers in the same direct primary care practice or their employees.Source Laws 2016, LB817,  6. 
71-9507.  Direct agreement; not insurance; certificate of authority or license not required; billing limitations.(1) A direct agreement is not insurance and is not subject to Chapter 44.(2) Neither a direct provider nor an agent of a direct provider is required to obtain a certificate of authority or license under Chapter 44 to market, sell, or offer to sell a direct agreement.(3) A direct provider shall not bill an insurer for services provided under a direct agreement. A patient may submit a request for reimbursement to an insurer if permitted under a policy of insurance. This subsection does not prohibit a direct provider from billing insurance for services not provided under a direct agreement.Source Laws 2016, LB817,  7. 
71-9508.  Direct provider; direct service charges; acceptance of payments.A direct provider may accept payment of direct service charges directly or indirectly from third parties. A direct provider may accept all or part of a direct service charge paid by an employer on behalf of an employee who is a direct patient. A direct provider shall not enter into a contract with an employer relating to direct agreements between the direct provider and employees of that employer other than to establish the timing and method of the payment of the direct service charge by the employer.Source Laws 2016, LB817,  8. 
71-9509.  Direct agreement; sale or transfer; written consent.A direct agreement shall not be sold or transferred by either party without the written consent of the other party to the direct agreement.Source Laws 2016, LB817,  9. 
71-951.  Mental health board hearings; closed to public; exception; where conducted.All mental health board hearings under the Nebraska Mental Health Commitment Act shall be closed to the public except at the request of the subject and shall be held in a courtroom or at any convenient and suitable place designated by the mental health board. The board shall have the right to conduct the proceeding where the subject is currently residing if the subject is unable to travel.Source   Laws 1976, LB 806,  65;  Laws 2000, LB 884,  15;   R.S.Supp.,2002,  83-1055;  Laws 2004, LB 1083,  71. Annotations Mental health board hearings are closed to the public except at the request of the subject. In re Interest of Michael M., 6 Neb. App. 560, 574 N.W.2d 774 (1998).
71-9510.  Direct provider; acceptance of payments from medical assistance program.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.Source Laws 2016, LB817,  10. Cross References  Medical Assistance Act, see section 68-901.
71-9511.  Direct provider; primary care services; payment.A direct provider may provide primary care services to a patient who is not a party to a direct agreement with that provider and may receive payment for the services.Source Laws 2016, LB817,  11. 
71-952.  Subject's rights; appear in person and testify in own behalf; present witnesses and evidence.A subject shall appear personally and be afforded the opportunity to testify in his or her own behalf and to present witnesses and tangible evidence in defending against the petition at the hearing.Source   Laws 1976, LB 806,  66;  Laws 1981, LB 95,  21;   R.S.1943, (1999),  83-1056;  Laws 2004, LB 1083,  72.  
71-953.  Subject's rights; compulsory process to obtain testimony of witnesses.A subject shall be entitled to compulsory process to obtain the testimony of witnesses in his or her favor.Source   Laws 1976, LB 806,  67;   R.S.1943, (1999),  83-1057;  Laws 2004, LB 1083,  73.  
71-954.  Subject's rights; confront and cross-examine adverse witnesses and evidence.A subject shall have the right at a hearing held under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act to confront and cross-examine adverse witnesses and evidence equivalent to the rights of confrontation granted by Amendments VI and XIV of the United States Constitution and Article I, section 11, of the Constitution of Nebraska.Source   Laws 1976, LB 806,  68;  Laws 1981, LB 95,  22;  Laws 2000, LB 884,  16;   R.S.Supp.,2002,  83-1058;  Laws 2004, LB 1083,  74;  Laws 2006, LB 1199,  46.  Cross References  Sex Offender Commitment Act, see section 71-1201.Annotations Pursuant to this section, the subject of a petition under the Nebraska Mental Health Commitment Act has the right to confront and cross-examine adverse witnesses and evidence equivalent to the rights granted under the Confrontation Clauses of the U.S. and Nebraska Constitutions. In the absence of a waiver by the subject of a petition for commitment of his or her right to confrontation, in order to admit the telephonic testimony of a mental health professional during a civil commitment hearing, the State must demonstrate that (1) such testimony is necessary to further an important public policy and (2) the mental health professional is truly unavailable as a witness, thus necessitating telephonic testimony. The requirements of a demonstration of an important public policy and necessity are conjunctive, and the absence of a demonstration of either precludes the admission of the telephonic testimony. In re Interest of S.B., 263 Neb. 175, 639 N.W.2d 78 (2002).
71-955.  Hearings; rules of evidence applicable.The rules of evidence applicable in civil proceedings shall apply at all hearings held under the Nebraska Mental Health Commitment Act. In no event shall evidence be considered which is inadmissible in criminal proceedings.Source   Laws 1976, LB 806,  69;  Laws 1981, LB 95,  23;  Laws 2000, LB 884,  17;   R.S.Supp.,2002,  83-1059;  Laws 2004, LB 1083,  75.  Annotations  The transcript of the proceeding before a mental health board may not be treated as evidence before the board, the district court, or this court unless the facts in the transcript are offered as evidence, are not objected to, and are received by the trier of fact. In re Interest of Kinnebrew, 224 Neb. 885, 402 N.W.2d 264 (1987). This statute makes the general rules of evidence applicable to proceedings under the Mental Health Commitment Act. In re Interest of Blythman, 208 Neb. 51, 302 N.W.2d 666 (1981). This section does not mandate Miranda-type warnings precede a psychiatric interview by a doctor. Kraemer v. Mental Health Board of the State of Nebraska, 199 Neb. 784, 261 N.W.2d 626 (1978). 
71-956.  Subject's rights; written statements; contents.A subject shall be entitled to written statements by the mental health board as to the evidence relied on and reasons (1) for finding clear and convincing evidence at the subject's hearing that he or she is mentally ill and dangerous or a dangerous sex offender and that neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by the mental health board are available or would suffice to prevent the harm described in section 71-908 or subdivision (1) of section 83-174.01 and (2) for choosing the particular treatment specified by its order of final disposition. The mental health board shall make similar written findings when it orders a subject held in custody rather than released on conditions pending hearings to determine whether he or she is mentally ill and dangerous or a dangerous sex offender and in need of treatment ordered by the mental health board or pending the entry of an order of final disposition under section 71-925 or 71-1209.Source   Laws 1976, LB 806,  70;  Laws 1981, LB 95,  24;   R.S.1943, (1999),  83-1060;  Laws 2004, LB 1083,  76;  Laws 2006, LB 1199,  47.  
71-957.  Proceedings shall be of record; reporter; expenses and fees.All proceedings held under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act shall be of record, and all oral proceedings shall be reported verbatim by either a qualified shorthand reporter or by tape-recording equipment equivalent in quality to that required in county courts by section 25-2732. The written findings of the mental health board shall be part of the subject's records and shall be available to the parties in the case and to the treatment facility where the subject is receiving treatment pursuant to a commitment order of the mental health board under section 71-925 or 71-1209. Any qualified shorthand reporter who reports proceedings presided over by a board or otherwise than in his or her capacity as an official district court stenographic reporter shall apply to the court for reasonable expenses and fees for services performed in such hearings. The court shall fix reasonable expenses and fees, and the county board shall allow payment to the reporter in the full amount fixed by the court.Source   Laws 1976, LB 806,  71;  Laws 2000, LB 884,  18;   R.S.Supp.,2002,  83-1061;  Laws 2004, LB 1083,  77;  Laws 2006, LB 1199,  48.  Cross References  Sex Offender Commitment Act, see section 71-1201.
71-958.  Qualified mental health professional; provide medical treatment to subject; when.Any qualified mental health professional, upon being authorized by the administrator of the treatment facility having custody of the subject, may provide appropriate medical treatment for the subject while in custody, except that a subject shall not be subjected to such quantities of medication or other treatment within such period of time prior to any hearing held under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act as will substantially impair his or her ability to assist in his or her defense at such hearing.Source   Laws 1976, LB 806,  72;  Laws 2000, LB 884,  19;   R.S.Supp.,2002,  83-1062;  Laws 2004, LB 1083,  78;  Laws 2006, LB 1199,  49.  Cross References   Mistreatment of mentally ill person, penalty, see section 83-356.  Sex Offender Commitment Act, see section 71-1201. 
71-959.  Subject in custody or receiving treatment; rights; enumerated.A subject in custody or receiving treatment under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act has the right:(1) To be considered legally competent for all purposes unless he or she has been declared legally incompetent. The mental health board shall not have the power to declare an individual incompetent;(2) To receive prompt and adequate evaluation and treatment for mental illness, personality disorders, and physical ailments and to participate in his or her treatment planning activities to the extent determined to be appropriate by the mental health professional in charge of the subject's treatment;(3) To refuse treatment medication, except (a) in an emergency, such treatment medication as is essential in the judgment of the mental health professional in charge of such treatment to prevent the subject from causing injury to himself, herself, or others or (b) following a hearing and order of a mental health board, such treatment medication as will substantially improve his or her mental illness or personality disorder or reduce the risk posed to the public by a dangerous sex offender;(4) To communicate freely with any other person by sealed mail, personal visitation, and private telephone conversations;(5) To have reasonably private living conditions, including private storage space for personal belongings;(6) To engage or refuse to engage in religious worship and political activity;(7) To be compensated for his or her labor in accordance with the federal Fair Labor Standards Act, 29 U.S.C. 206, as such section existed on January 1, 2004;(8) To have access to a patient grievance procedure; and(9) To file, either personally or by counsel, petitions or applications for writs of habeas corpus for the purpose of challenging the legality of his or her custody or treatment.Source   Laws 1976, LB 806,  76;  Laws 2000, LB 884,  21;   R.S.Supp.,2002,  83-1066;  Laws 2004, LB 1083,  79;  Laws 2006, LB 1199,  50. Cross References  Sex Offender Commitment Act, see section 71-1201.Annotations The determination of what constitutes "prompt and adequate" treatment, as those terms are used in subsection (2) of this section, will inherently be a factual determination to be made based on the evidence and circumstances presented in each particular case. Navarette v. Settle, 10 Neb. App. 479, 633 N.W.2d 588 (2001).
71-960.  Subject; waive rights; manner.A subject may waive any of the proceedings or rights incident to proceedings granted him or her under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act by failing to request any right expressly required to be requested but, in the case of all other such rights, only if the record reflects that such waiver was made personally, intelligently, knowingly, understandingly, and voluntarily by the subject and such subject's legal guardian or conservator, if any. Such rights may otherwise be denied only by a mental health board or court order for good cause shown after notice to the subject, the subject's counsel, and such subject's guardian or conservator, if any, and an opportunity to be heard. If the mental health board determines that the subject is not able to waive his or her rights under this section, it shall be up to the discretion of the subject's counsel to exercise such rights. When the subject is not represented by counsel, the rights may not be waived.Source   Laws 1976, LB 806,  74;  Laws 1996, LB 1155,  109;  Laws 2000, LB 884,  20;   R.S.Supp.,2002,  83-1064;  Laws 2004, LB 1083,  80;  Laws 2006, LB 1199,  51.  Cross References  Sex Offender Commitment Act, see section 71-1201.
71-9601.  Act, how cited.Sections 71-9601 to 71-9611 shall be known and may be cited as the Investigational Drug Use Act.Source Laws 2018, LB117,  1. 
71-9602.  Terms, defined.For purposes of the Investigational Drug Use Act:(1) Advanced illness means any progressive disease or medical or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with administration of federally approved and available treatments, and that, without life-sustaining procedures, would likely result in death within six months;(2) Eligible patient means a person who meets the requirements of section 71-9603;(3) Health care provider has the same meaning as in section 71-7907;(4) Investigational drug, biological product, or device means any drug, biological product, or device that has successfully completed phase one of a clinical trial but has not yet been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial approved by the United States Food and Drug Administration;(5) Physician means any person who is licensed to practice medicine and surgery pursuant to the Medicine and Surgery Practice Act; and(6) Written, informed consent means a writing which conforms to section 71-9604.Source Laws 2018, LB117,  2. Cross References  Medicine and Surgery Practice Act, see section 38-2001.
71-9603.  Eligible patient.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.Source Laws 2018, LB117,  3. Cross References  Health Care Facility Licensure Act, see section 71-401.
71-9604.  Written informed consent; contents.To be acceptable under the Investigational Drug Use Act, a written, informed consent shall consist of a signed writing executed by an eligible patient, or his or her parent or legal guardian if the eligible patient is a minor, and attested to by the eligible patient's treating physician, that:(1) Explains the approved products and treatments available at that time for the disease or condition from which the patient suffers;(2) Attests to the fact that the patient concurs with his or her treating physician that no treatment then approved by the United States Food and Drug Administration would likely prolong the patients life;(3) Clearly identifies the specific proposed investigational drug, biological product, or device that the patient is seeking to use;(4) Describes the potential outcomes, if known, of using the investigational drug, biological product, or device. The description shall include any possibility of worsening symptoms and death hastened by the treatment;(5) Contains a statement that the patient's health insurance carrier is not obligated to pay for the investigational drug, biological product, or device; and(6) Makes clear that the patient understands that he or she is liable for all expenses of the investigational drug, biological product, or device.Source Laws 2018, LB117,  4. 
71-9605.  Manufacturer of investigational drug, biological product, or device; powers.A manufacturer of an investigational drug, biological product, or device may make the treatment available pursuant to the Investigational Drug Use Act. An eligible patient may request the manufacturer's investigational drug, biological product, or device for treatment pursuant to the act. The act does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient.Source Laws 2018, LB117,  5. 
71-9606.  Manufacturer; provide without compensation.A manufacturer may provide an investigational drug, biological product, or device to an eligible patient without receiving compensation.Source Laws 2018, LB117,  6. 
71-9607.  Death of patient; effect on debt.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.Source Laws 2018, LB117,  7. 
71-9608.  Good-faith recommendation; effect on discipline or adverse licensure action.A good-faith recommendation to an eligible patient regarding access to treatment with an investigational drug, biological product, or device shall not subject the health care provider to discipline or an adverse licensure action.This section does not preclude any penalties under federal law, including 42 U.S.C. 1395.Source Laws 2018, LB117,  8. 
71-9609.  Treating physician.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.Source Laws 2018, LB117,  9. 
71-961.  Subject's records; confidential; exceptions.(1) All records kept on any subject shall remain confidential except as otherwise provided by law. Such records shall be accessible to (a) the subject, except as otherwise provided in subsection (2) of this section, (b) the subject's legal counsel, (c) the subject's guardian or conservator, if any, (d) the mental health board having jurisdiction over the subject, (e) persons authorized by an order of a judge or court, (f) persons authorized by written permission of the subject, (g) agents or employees of the Department of Health and Human Services upon delivery of a subpoena from the department in connection with a licensing or licensure investigation by the department, (h) individuals authorized to receive notice of the release of a sex offender pursuant to section 83-174, (i) the Nebraska State Patrol or the department pursuant to section 69-2409.01, or (j) the Division of Parole Supervision if the subject meets the requirements for lifetime community supervision pursuant to section 83-174.03.(2) Upon application by the county attorney or by the administrator of the treatment facility where the subject is in custody and upon a showing of good cause therefor, a judge of the district court of the county where the mental health board proceedings were held or of the county where the treatment facility is located may order that the records not be made available to the subject if, in the judgment of the court, the availability of such records to the subject will adversely affect his or her mental illness or personality disorder and the treatment thereof.(3) When a subject is absent without authorization from a treatment facility or program described in section 71-939 or 71-1223 and is considered to be dangerous to others, the subject's name and description and a statement that the subject is believed to be considered dangerous to others may be disclosed in order to aid in the subject's apprehension and to warn the public of such danger.Source   Laws 1976, LB 806,  78;  Laws 1996, LB 1055,  17;  Laws 1996, LB 1155,  111;  Laws 1997, LB 307,  230;   R.S.1943, (1999),  83-1068;  Laws 2004, LB 1083,  81;  Laws 2006, LB 1199,  52;  Laws 2007, LB296,  463;  Laws 2018, LB841,  13.  
71-9610.  Official, employee, or agent of the state.No official, employee, or agent of this state may block or attempt to block an eligible patient's access to an investigational drug, biological product, or device. Counseling, advice, or recommendations consistent with medical standards of care from a licensed health care provider is not a violation of this section.Source Laws 2018, LB117,  10. 
71-9611.  No private cause of action created.The Investigational Drug Use Act does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against another person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to the eligible patient resulting from treatment if the manufacturer or other person or entity has complied in good faith with the terms of the act.Source Laws 2018, LB117,  11. 
71-962.  Violations; penalty.Any person who willfully (1) files or causes to be filed a certificate or petition under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act, knowing any of the allegations thereof to be false, (2) deprives a subject of any of the rights granted the subject by either act or section 83-390, or (3) breaches the confidentiality of records required by section 71-961 shall be guilty of a Class II misdemeanor in addition to any civil liability which he or she may incur for such actions.Source   Laws 1976, LB 806,  79;  Laws 1977, LB 41,  63;  Laws 2000, LB 884,  22;   R.S.Supp.,2002,  83-1069;  Laws 2004, LB 1083,  82;  Laws 2006, LB 1199,  53. Cross References  Sex Offender Commitment Act, see section 71-1201.Annotations The Nebraska Mental Health Commitment Act provides for a criminal penalty for any person who willfully breaches the confidentiality of records as required by section 83-1068, in addition to any civil liability which may be incurred by such acts. In re Interest of Michael M., 6 Neb. App. 560, 574 N.W.2d 774 (1998).
71-963.  Firearm-related disabilities; petition to remove; mental health board; review hearing; evidence; decision; appeal; petition granted; effect.(1) Upon release from commitment or treatment, a person who, because of a mental health-related commitment or adjudication occurring under the laws of this state, is subject to the disability provisions of 18 U.S.C. 922(d)(4) and (g)(4) or is disqualified from obtaining a certificate to purchase, lease, rent, or receive transfer of a handgun under section 69-2404 or obtaining a permit to carry a concealed handgun under the Concealed Handgun Permit Act may petition the mental health board to remove such firearm-related disabilities.(2)(a)(i) Upon the filing of the petition, the petitioner may request and, if the request is made, shall be entitled to, a review hearing by the mental health board. The petitioner shall prove by clear and convincing evidence that:(A) The petitioner will not be likely to act in a manner dangerous to public safety; and(B) The granting of the relief would not be contrary to the public interest.(ii) In determining whether to remove the petitioner's firearm-related disabilities, the mental health board shall receive and consider evidence upon the following:(A) The circumstances surrounding the petitioner's mental health commitment or adjudication;(B) The petitioner's record, which shall include, at a minimum, the petitioner's mental health and criminal history records;(C) The petitioner's reputation, developed, at a minimum, through character witness statements, testimony, or other character evidence; and(D) Changes in the petitioner's condition, treatment, treatment history, or circumstances relevant to the relief sought.(b) The mental health board shall grant a petition filed under this section if the mental health board determines that the petitioner has proven by clear and convincing evidence that the firearm-related disabilities set forth in subsection (1) of this section should be removed.(3) If a decision is made by the mental health board to remove the petitioner's firearm-related disabilities, the clerks of the various courts shall, as soon as practicable, but within thirty days, send an order to the Nebraska State Patrol and the Department of Health and Human Services, in a form and in a manner prescribed by the Department of Health and Human Services and the Nebraska State Patrol, stating the mental health board's findings, which shall include a statement that, in the opinion of the mental health board, (a) the petitioner is not likely to act in a manner that is dangerous to public safety and (b) removing the petitioner's firearm-related disabilities will not be contrary to the public interest.(4) The petitioner may appeal a denial of the requested relief to the district court, and review on appeal shall be de novo.(5) If a petition is granted under this section, the commitment or adjudication for which relief is granted shall be deemed not to have occurred for purposes of section 69-2404 and the Concealed Handgun Permit Act and, pursuant to section 105(b) of Public Law 110-180, for purposes of 18 U.S.C. 922(d)(4) and (g)(4).Source  Laws 2011, LB512,  8;  Laws 2018, LB100,  1.  Cross References  Concealed Handgun Permit Act, see section 69-2427.