reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2455 - Prescription drug monitoring; Department of Health and Human Services; powers and duties; Health Information Technology Board; administration.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2456 - Prescription Drug Monitoring Program Fund; created; investment.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2457 - Prescription Drug Safety Act; act, how cited.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2458 - Definitions, where found.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2460 - Administration, defined.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2461 - Adulterated drug, defined.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2461.01 - Central fill, defined; central fill pharmacy; delivery authorized.

71-2461.01.
Central fill, defined; central fill pharmacy; delivery authorized.
(1) 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 as defined in section 38-2809.
(2) If the dispensing pharmacy and central fill pharmacy are under common ownership, the central fill pharmacy may deliver such drug, device, or biological to the patient or caregiver on behalf of the dispensing pharmacy, except that the dispensing pharmacy shall be responsible for the prescriptions filled and delivered by the central fill pharmacy.
Source
Laws 2020, LB1052, § 14;
Laws 2023, LB227, § 77.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2465 - Dispense or dispensing, defined.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2467 - Drugs, medicines, and medicinal substances, defined.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2468 - Labeling, defined.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2470 - Misbranded drug, defined.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2471 - Pharmacist, defined.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2473 - Practitioner, defined.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2475 - Prescription, defined.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2476 - Prescription drug or device or legend drug or device, defined.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2477 - Act; how construed; practitioner; duties; compound or reconstitute drug; duties.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2479 - Legend drug not a controlled substance; prescription; retention; label; contents.

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 name and address of 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;
Laws 2023, LB227, § 78.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2480 - Drugs; adulteration or misbranding; confiscation; destruction or sale; proceeds; disposition.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2481 - Drugs; manufacture or possession of adulterated or misbranded drugs; sale prohibited.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2482 - Drugs; violations; penalties.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2483 - Communication authorized.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2487 - Legislative findings.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2488 - Funds appropriated or distributed; not considered entitlement or state obligation; conditions on expenditures.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2489 - Funds appropriated; report on use.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2490 - Nebraska Opioid Recovery Fund; created; use; investment.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2501 - Poison, defined; exceptions.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2502 - Poisons; sale; labeling required.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2503 - Poisons; sale; duty of vendor to record in Poison Register.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2504 - Poisons; sale; false representation or use of fictitious name by purchaser, prohibited.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2505 - Act; applicability.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2506 - Poisons; sale; revised schedule of poisons; preparation; notice; hearing; appeal.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2507 - Poisons; sale by person not registered pharmacist prohibited; exception.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2508 - Poisons; sale to minors and incompetents, prohibited.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2509 - Poisons; restriction to sale upon medical order; power of Department of Health and Human Services.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2510 - Sales excluded from act.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2510.01 - Embalming fluids; use of arsenic or strychnine prohibited; label required; violation; penalty.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2512 - Violations; penalty.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2514 - Legislative findings.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2515 - Legislative intent.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2516 - Department of Health and Human Services; statewide environmental lead hazard awareness action plan; powers.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2517 - Entitlement not created; funding.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2518 - Lead poisoning prevention program; established; components; results of tests; reports required; department; reports; payment of costs.

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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2601 - State Board of Health; members; appointment; qualifications.

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.