reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-17,111 - Loan distribution; conditions.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-17,112 - Nursing Faculty Student Loan Cash Fund; created; use; investment.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-17,113 - License renewal; extra fee.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-17,114 - Department; powers and duties.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-17,115 - Report required.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-17,116 - Rules and regulations.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1801 - Pathogenic microorganisms; sale and distribution; permit required.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1802 - Permit; Department of Health and Human Services, authority; certification to State Veterinarian.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1803 - Permit; State Veterinarian, authority; rules and regulations.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1804 - Permit; duration; abrogation; renewal.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1805 - Violation; penalty.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1901 - Terms, defined.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1904 - Rules and regulations; waiver of licensing standard; when.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1905 - Violation; penalty.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1906 - Native American foster homes; legislative intent.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1906.01 - Native American foster homes; rules and regulations.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1907 - Child passenger restraint; requirements; violation; penalty.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1908 - Child Care Licensing Act; act, how cited; legislative findings.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1909 - Purposes of act; legislative intent.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1910 - Terms, defined.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1911.01 - Fees.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1911.02 - Application; contents.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1911.03 - Applicant; liability insurance.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1913 - Fire and health inspections.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1913.01 - Immunization requirements; record; report.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1913.02 - Immunization reports; audit; deficiencies; duties.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1913.03 - Immunization; department; adopt rules and regulations.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1914 - Department; serve as coordinating agency; local rules and regulations; report of violation.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1914.01 - Unlicensed child care; investigation.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1914.02 - Unlicensed child care; restraining order or injunction; department; powers.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1914.03 - Unlicensed child care; violations; penalty; county attorney; duties.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1915 - Department; emergency powers; injunction.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1916 - Department; administrative procedures.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1917 - School-age child care program; inspections; Department of Health and Human Services; duties.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1919 - License denial; disciplinary action; grounds.

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).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1920 - Disciplinary action; types; fines; disposition.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1921 - Disciplinary action; considerations.

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.