reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3519 - Act, how cited.

71-3519.
Act, how cited.
Sections 71-3501 to 71-3520 shall be known and may be cited as the Radiation Control Act.
Source
Laws 1963, c. 406, § 20, p. 1306;
Laws 1987, LB 390, § 22;
Laws 2001, LB 668, § 2;
Laws 2002, LB 1021, § 78;
Laws 2005, LB 453, § 1;
Laws 2006, LB 994, § 108;
Laws 2007, LB463, § 1216;
Laws 2008, LB928, § 29.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3522 - Compact; withdrawal.

71-3522.
Compact; withdrawal.
The State of Nebraska hereby withdraws from the Central Interstate Low-Level Radioactive Waste Compact. The Governor shall notify in writing each of the governors of the other compact states and the chairperson of the Central Interstate Low-Level Radioactive Waste Compact Commission that the withdrawal of the State of Nebraska from the compact is effective.
Source
Laws 1999, LB 530, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3523 - Legislative intent.

71-3523.
Legislative intent.
It is the intent of the Legislature that costs incurred by the State of Nebraska attributable to the shipment of high-level radioactive waste and transuranic waste in or through the state shall be borne by the shipper.
Source
Laws 2003, LB 165, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3524 - Terms, defined.

71-3524.
Terms, defined.
For purposes of sections 71-3523 to 71-3528:
(1) Department means the Department of Health and Human Services;
(2) High-level radioactive waste has the definition found in section 81-1589; and
(3) Transuranic waste means radioactive waste material containing alpha-emitting radioactive elements, with radioactive half-lives greater than five years, having an atomic number greater than 92 in concentrations in excess of one hundred nanocuries per gram.
Source
Laws 2003, LB 165, § 2;
Laws 2005, LB 301, § 43;
Laws 2007, LB296, § 574.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3525 - Fees.

71-3525.
Fees.
Until January 1, 2005, a fee of two thousand dollars shall be assessed on each cask of high-level radioactive waste or transuranic waste shipped in or through the state, whether shipped by motor carrier or rail. On and after January 1, 2005, the department shall establish and assess fees on all high-level radioactive waste and transuranic waste shipped by any means in or through the state. Such fees shall be equitable and shall be used for purposes related to (1) shipping of high-level radioactive waste and transuranic waste, including, but not limited to, inspections, escorts, and security for waste shipment, planning, and maintenance, (2) coordination of emergency response capability, (3) education and training, (4) purchase of necessary equipment, and (5) administrative costs attributable to the state agencies which are incurred as related to the shipping of high-level radioactive waste and transuranic waste. Fees assessed pursuant to this section shall be paid in advance of shipment by the shipper. Fees collected by the department under this section shall be remitted to the State Treasurer for credit to the Radiation Transportation Emergency Response Cash Fund.
Source
Laws 2003, LB 165, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3526 - Radiation Transportation Emergency Response Cash Fund; created; use; investment; changes in fees; when.

71-3526.
Radiation Transportation Emergency Response Cash Fund; created; use; investment; changes in fees; when.
The Radiation Transportation Emergency Response Cash Fund is created. The fund shall consist of fees credited pursuant to section 71-3525. The fund shall be used for the purposes stated in such section. The Director-State Engineer, the Superintendent of Law Enforcement and Public Safety, the chief executive officer of the department, the Adjutant General as director of the Nebraska Emergency Management Agency, and the executive director of the Public Service Commission, or their designees, shall meet at least annually to recommend changes in the fees charged and allocation of the fees collected among participating agencies based upon their respective costs in carrying out such section. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2003, LB 165, § 4;
Laws 2007, LB296, § 575.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3528 - Applicability of sections.

71-3528.
Applicability of sections.
Sections 71-3523 to 71-3527 do not apply to high-level radioactive waste or transuranic waste shipped by or for the United States Government for military, national security, or national defense purposes. Sections 71-3523 to 71-3527 do not require disclosure of defense information or restricted data as defined in the federal Atomic Energy Act of 1954.
Source
Laws 2003, LB 165, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3529 - Legislative intent.

71-3529.
Legislative intent.
It is the intent of the Legislature that costs incurred by the State of Nebraska attributable to the calibration of radiological instruments be borne by the responsible agency and to provide state and local governmental agencies a cost-effective source for the calibration of radiological instruments without infringing on commercial resources within the State of Nebraska.
Source
Laws 2006, LB 787, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3530 - Terms, defined.

71-3530.
Terms, defined.
For purposes of sections 71-3529 to 71-3536:
(1) Department means the Radiological Emergency Preparedness Division within the Nebraska Emergency Management Agency under the Military Department;
(2) Radiological instrument includes, but is not limited to, radiological meters, radiological detectors and probes, radiological dosimeters, and radiological kits; and
(3) Responsible agency means any state or local governmental entity or private agency which owns radiological instruments or has agreed to be responsible for the replacement, repair, or calibration of such instruments.
Source
Laws 2006, LB 787, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3531 - Fees; use.

71-3531.
Fees; use.
(1) Until January 1, 2008, a fee shall be assessed on each radiological instrument calibrated by the department as follows: Direct reading dosimeters, twenty-two dollars; electronic dosimeters, thirty-one dollars; CD V-700 meters, thirty-six dollars; CD V-715 meters, twenty-five dollars; CD V-718 meters, thirty-nine dollars; thermo-electron FH-40 GL and ASP-2 meters, sixty-six dollars; all electron detectors, forty-six dollars; and all other meters, sixty-six dollars. If any of such instruments form a kit, the fees shall be: CD V-777 kits, one hundred forty-nine dollars; thermo-electron FH-40 GL kits, two hundred thirty dollars; and thermo-electron ASP-2 kits, two hundred twenty-four dollars. Fees for minor repairs shall be at a base rate of sixteen dollars per hour plus the cost of parts. Beginning January 1, 2008, the department shall periodically adopt and promulgate rules and regulations that establish or adjust replacement, repair, or calibration fees and the department shall assess such fees on all radiological instruments replaced, repaired, or calibrated by the department. The fees shall be equitable and the Adjutant General and the assistant director of the Nebraska Emergency Management Agency or their designees shall meet at least annually to recommend changes in the fees charged and allocation of fees collected for expenses incurred under this section.
(2) Such fees shall be used for purposes related to (a) inspection, repair, and calibration of radiological instruments, (b) repair, replacement, upgrade, and calibration of radiological calibrators, (c) security of calibration sources, (d) training of calibration technician personnel, (e) purchase of necessary tools and equipment related to radiological calibration, (f) payment of radiological licensing fees, and (g) if funds are available, administrative costs of the department and subsidizing the salary of calibration technician personnel and part-time employees.
(3) Fees for calibration shall be paid in advance. Other fees shall be paid when receipted from the department by the responsible agency. Fees shall be remitted to the State Treasurer for credit to the Nebraska Emergency Management Agency Cash Fund.
Source
Laws 2006, LB 787, § 3;
Laws 2009, LB24, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3532 - Nebraska Emergency Management Agency Cash Fund; created; use; investment.

71-3532.
Nebraska Emergency Management Agency Cash Fund; created; use; investment.
The Nebraska Emergency Management Agency Cash Fund is created. The fund shall be administered by the director of the Nebraska Emergency Management Agency. The fund shall consist of all non-federal-fund revenue received by the Nebraska Emergency Management Agency. The fund shall only be used to pay for eligible costs of the Nebraska Emergency Management Agency. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2006, LB 787, § 4;
Laws 2007, LB322, § 18.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3534 - Forfeiture of instrument; when; procedure.

71-3534.
Forfeiture of instrument; when; procedure.
If a replaced, repaired, or calibrated radiological instrument has not been receipted from the department by the responsible agency sixty days after the completed replacement, repair, or calibration date, the department shall provide written notification to the responsible agency that failure to receipt such instrument within ninety days after the completion date shall result in forfeiture of such instrument. Written notification to the responsible agency shall be made a total of three times with not less than five working days between notifications. If, after proper notification and ninety days after the completion date, such instrument has not been receipted from the department by the responsible agency, the instrument shall become the property of the State of Nebraska and shall be available for issue by the department to other responsible agencies who agree to be responsible for the replacement, repair, and calibration of the radiological instrument or the instrument shall be turned in as surplus property.
Source
Laws 2006, LB 787, § 6;
Laws 2009, LB24, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3535 - Applicability of sections.

71-3535.
Applicability of sections.
Sections 71-3529 to 71-3536 shall not apply to a radiological instrument owned and replaced, repaired, or calibrated by the department, except when a responsible agency has been issued a radiological instrument and, by agreement, has consented to be responsible for the replacement, repair, and calibration of such instrument.
Source
Laws 2006, LB 787, § 7;
Laws 2009, LB24, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3601 - Terms, defined.

71-3601.
Terms, defined.
For purposes of the Tuberculosis Detection and Prevention Act:
(1) Communicable tuberculosis means tuberculosis manifested by a laboratory report of sputum or other body fluid or excretion found to contain tubercle bacilli or by chest X-ray findings interpreted as active tuberculosis by competent medical authority;
(2) Department means the Department of Health and Human Services;
(3) Directed health measure means any measure, whether prophylactic or remedial, intended and directed to prevent, treat, or limit the spread of tuberculosis;
(4) Facility means a structure in which suitable isolation for tuberculosis can be given and which is approved by the department for the detention of recalcitrant tuberculous persons;
(5) Local health officer means (a) the health director of a local public health department as defined in section 71-1626 or (b) the medical advisor to the board of health of a county, city, or village;
(6) Recalcitrant tuberculous person means a person affected with tuberculosis in an active stage who by his or her conduct or mode of living endangers the health and well-being of other persons, by exposing them to tuberculosis, and who refuses to accept adequate treatment; and
(7) State health officer means the chief medical officer as described in section 81-3115.
Source
Laws 1963, c. 399, § 1, p. 1273;
Laws 1982, LB 566, § 6;
Laws 1996, LB 1044, § 657;
Laws 2004, LB 1005, § 88;
Laws 2007, LB296, § 576;
Laws 2009, LB195, § 79.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3602 - Communicable tuberculosis; orders authorized; refusal; state health officer or local health officer; powers and duties.

71-3602.
Communicable tuberculosis; orders authorized; refusal; state health officer or local health officer; powers and duties.
(1) When there are reasonable grounds to believe that a person has communicable tuberculosis and the person refuses to submit to the examination necessary to determine the existence of communicable tuberculosis, the state health officer or local health officer may order such person to submit to such examination. If such person refuses to comply with such order, the state health officer or a local health officer shall institute proceedings for commitment, returnable to the county court of the county in which the person resides or, if the person is a nonresident or has no permanent residence, in the county in which the person is found. Strictness of pleading is not required, and a general allegation that the public health requires commitment of the person is sufficient.
(2) When a person with communicable tuberculosis conducts himself or herself in such a way as to expose another person to the danger of infection, the state health officer or local health officer may order such person to submit to directed health measures necessary for the treatment of the person and to prevent the transmission of the disease. If such person refuses to comply with such order, the state health officer or a local health officer shall institute proceedings for commitment, returnable to the county court of the county in which the person resides or, if the person is a nonresident or has no permanent residence, in the county in which the person is found. Strictness of pleading is not required, and a general allegation that the public health requires commitment of the person is sufficient.
Source
Laws 1963, c. 399, § 2, p. 1274;
Laws 1992, LB 860, § 6;
Laws 1996, LB 1044, § 658;
Laws 2004, LB 1005, § 89;
Laws 2009, LB195, § 80.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3603 - Petition; hearing; notice; costs.

71-3603.
Petition; hearing; notice; costs.
The county attorney of the county in which the proceedings are to be held as provided in section 71-3602 shall act for the department or local board of health. Either the state health officer or local health officer shall advise the county attorney in writing of the violation. Within three days of such notification, the county attorney shall file a petition with the county court.
Upon filing of the petition, the court shall set the matter for a hearing, which time shall be not less than five days nor more than ten days subsequent to filing. A copy of the petition together with a summons stating the time and place of hearing shall be served upon the person three days or more prior to the time set for the hearing.
Summons shall be served by the sheriff of the county in which the hearing is to be held, and return thereof shall be made as in other civil cases.
The court costs incurred in proceedings under the Tuberculosis Detection and Prevention Act, including medical examinations required by order of the court but excluding examinations procured by the person named in the petition, shall be borne by the county in which the proceedings are held.
Source
Laws 1963, c. 399, § 3, p. 1274;
Laws 1996, LB 1044, § 659;
Laws 2004, LB 1005, § 90.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3604 - Hearing; procedure; order.

71-3604.
Hearing; procedure; order.
(1) Upon the hearing set in the order, the person named in the order shall have a right to be represented by counsel, to confront and cross-examine witnesses against him or her, and to have compulsory process for the securing of witnesses and evidence in his or her own behalf.
(2) Upon a consideration of the petition and evidence:
(a) If the court finds that there are reasonable grounds to believe that the person named in the petition has communicable tuberculosis and has refused to submit to an examination to determine the existence of communicable tuberculosis, the court shall order such person to submit to such examination. If after such examination is completed it is determined that the person has communicable tuberculosis, the court shall order directed health measures necessary for the treatment of the person and to prevent the transmission of the disease; or
(b) If the court finds that the person named in the petition has communicable tuberculosis and conducts himself or herself in such a way as to be a danger to the public health, an order shall be issued committing the person named to a facility and directing the sheriff to take him or her into custody and deliver him or her to the facility or to submit to directed health measures necessary for the treatment of the person and to prevent the transmission of the disease.
(3) If the court does not so find, the petition shall be dismissed. The cost of transporting such person to the facility shall be paid from county general funds.
Source
Laws 1963, c. 399, § 4, p. 1275;
Laws 2009, LB195, § 81.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3605 - Appeal; procedure.

71-3605.
Appeal; procedure.
Any person aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, is entitled to judicial review under the provisions of sections 25-2728 to 25-2738.
Source
Laws 1963, c. 399, § 5, p. 1275;
Laws 1981, LB 42, § 25.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3606 - Commitment; length of time.

71-3606.
Commitment; length of time.
Upon commitment, the person shall be confined until such time as the responsible attending physician determines that the patient no longer has communicable tuberculosis or that his discharge will not endanger public health.
Source
Laws 1963, c. 399, § 6, p. 1276.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3607 - Commitment; release; procedure.

71-3607.
Commitment; release; procedure.
Any time beyond sixty days after commitment, the person or any friend or relative believing that the patient no longer has communicable tuberculosis or that his discharge will not endanger public health may institute proceedings by petition in the county court of the county wherein the confinement exists, whereupon the court shall set the matter down for a hearing before him within fifteen days, requiring the physician in attendance to show cause on a day certain why the patient should not be released. The court shall also require that the patient be allowed the right to be examined prior to the hearing by a physician of his own choice, if so desired and at his own expense. Thereafter all proceedings shall be conducted the same as on proceedings for commitment with the right of appeal by either party;
Provided,
such petition for discharge shall not be brought or renewed more often than once every ninety days.
Source
Laws 1963, c. 399, § 7, p. 1276.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3608 - Commitment; voluntary hospitalization.

71-3608.
Commitment; voluntary hospitalization.
No person having communicable tuberculosis who in his or her home or elsewhere obeys the rules, regulations, and orders of the department for the control of tuberculosis or who voluntarily accepts hospitalization or treatment in a health care facility which is licensed and approved for such use under the Health Care Facility Licensure Act by the department and obeys the rules, regulations, and orders of the department for the control of communicable tuberculosis shall be committed under the Tuberculosis Detection and Prevention Act.
Source
Laws 1963, c. 399, § 8, p. 1276;
Laws 1972, LB 1492, § 1;
Laws 1996, LB 1044, § 660;
Laws 2000, LB 819, § 108;
Laws 2004, LB 1005, § 91.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3609 - Commitment; medical or surgical treatment; consent required.

71-3609.
Commitment; medical or surgical treatment; consent required.
No person committed under the Tuberculosis Detection and Prevention Act shall be required to submit to medical or surgical treatment without his or her consent or, if incompetent, without the consent of his or her legal guardian, or, if a minor, without the consent of a parent or next of kin.
Source
Laws 1963, c. 399, § 9, p. 1276;
Laws 2004, LB 1005, § 92.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3610 - Commitment; treatment; expenses; payment by state.

71-3610.
Commitment; treatment; expenses; payment by state.
The expenses incurred in the care, maintenance, and treatment of patients committed under the Tuberculosis Detection and Prevention Act shall be paid from state funds appropriated to the department for the purpose of entering into agreements with qualified health care facilities so as to provide for the care, maintenance, and treatment of such patients and those other persons having communicable tuberculosis who voluntarily agree to and accept care and treatment.
Source
Laws 1963, c. 399, § 10, p. 1277;
Laws 1972, LB 1492, § 2;
Laws 1996, LB 1044, § 661;
Laws 2004, LB 1005, § 93;
Laws 2007, LB296, § 577.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3611 - Commitment; consent to leave hospital; violation; return; costs paid by county.

71-3611.
Commitment; consent to leave hospital; violation; return; costs paid by county.
Any person committed under the Tuberculosis Detection and Prevention Act who leaves the facility without having been discharged by the attending physician or by court order shall be taken into custody and returned to the facility by the sheriff of any county where such person is found, upon an affidavit being filed with the sheriff by the administrator of the facility or duly authorized officer in charge thereof acting as the duly appointed agent and representative of the department in the matter. The costs of such transportation shall be paid from county general funds of the patient's county of residence. If the person is a nonresident of Nebraska or has no permanent residence, the costs shall be paid from county general funds of the county of commitment.
Source
Laws 1963, c. 399, § 11, p. 1277;
Laws 1972, LB 1492, § 4;
Laws 1996, LB 1044, § 662;
Laws 2004, LB 1005, § 94.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3612 - Communicable tuberculosis; examination required; expense; payment.

71-3612.
Communicable tuberculosis; examination required; expense; payment.
The state health officer and each local health officer shall use all available means to detect persons with communicable tuberculosis in his or her jurisdiction. If he or she has reasonable grounds based upon medical science for believing that a person has communicable tuberculosis and if this person refuses to submit to the examination necessary for determining the existence of communicable tuberculosis, the state health officer or local health officer shall issue an order to the person to obtain the appropriate examination. Thereafter, if the person does not comply within seven days, the state health officer or local health officer may institute commitment procedures as described in sections 71-3601 to 71-3604, the purpose of commitment under this section being to determine whether or not the person has communicable tuberculosis.
The costs of voluntary examination made upon request of the state health officer or local health officer and the cost of examination made upon order of the state health officer or local health officer shall be paid from county general funds of the person's county of residence. If the person is a nonresident or has no permanent residence, the costs shall be paid from the county general funds of the county of commitment. The costs of examination and maintenance while under commitment shall be paid from state funds appropriated to the department therefor. The costs of transportation under the commitment procedure for examination shall be paid from county general funds of the county of residence. If the person is not a resident of Nebraska or has no permanent residence, they shall be paid from the county general funds of the county of commitment.
Source
Laws 1963, c. 399, § 12, p. 1277;
Laws 1972, LB 1492, § 5;
Laws 1996, LB 1044, § 663;
Laws 2004, LB 1005, § 95.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3613 - Department; powers and duties.

71-3613.
Department; powers and duties.
The department shall have and may exercise the following powers and duties in its administration of the Tuberculosis Detection and Prevention Act:
(1) To contract with qualified hospitals or other health care facilities which are licensed and approved for such use under the Health Care Facility Licensure Act by the department for the purpose of caring for, maintaining, and treating patients committed under the Tuberculosis Detection and Prevention Act, and for those other persons having communicable tuberculosis who voluntarily agree to and accept care and treatment in such a health care facility on either an inpatient or an outpatient basis;
(2) To inspect and supervise to the extent necessary the facilities, operations, and administration of those health care facilities under contract to or otherwise receiving support from the department for the purpose of providing care, treatment, or maintenance for persons infected with communicable tuberculosis;
(3) To provide visiting nursing services to those persons having communicable tuberculosis who are being treated on an outpatient basis;
(4) To adopt rules and regulations, and issue orders based thereon, relative to reports and statistics on tuberculosis from counties and the care, treatment, and maintenance of persons having tuberculosis, especially of those in the communicable or contagious stage thereof; and
(5) To set standards by rule and regulation for the types and level of medical care and treatment to be used by those health care facilities caring for tuberculous persons and to set standards by rule and regulation governing contracts mentioned in subdivision (1) of this section dealing with such matters as program standards, maximum and minimum costs and rates, administrative procedures to be followed and reports to be made, and arbitration by third parties.
Rules, regulations, and orders in effect under this section prior to July 16, 2004, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.
Source
Laws 1972, LB 1492, § 3;
Laws 1996, LB 1044, § 664;
Laws 2000, LB 819, § 109;
Laws 2004, LB 1005, § 96.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3614 - Cost of drugs and patient care; transportation; payment.

71-3614.
Cost of drugs and patient care; transportation; payment.
(1) When any person who has communicable tuberculosis and who has relatives, friends, or a private or public agency or organization willing to undertake the obligation to support him or her or to aid in supporting him or her in any other state or country, the department may furnish him or her with the cost of transportation to such other state or country if it finds that the interest of the State of Nebraska and the welfare of such person will be promoted thereby. The expense of such transportation shall be paid by the department out of funds appropriated to it for the purpose of carrying out the Tuberculosis Detection and Prevention Act.
(2) No funds appropriated to the department for the purpose of carrying out the act shall be used for meeting the cost of the care, maintenance, or treatment of any person who has communicable tuberculosis in a health care facility on either an inpatient or an outpatient basis, or otherwise, for directed health measures, or for transportation to another state or country, to the extent that such cost is covered by an insurer or other third-party payor or any other entity under obligation to such person by contract, policy, certificate, or any other means whatsoever. The department in no case shall expend any such funds to the extent that any such person is able to bear the cost of such care, maintenance, treatment, or transportation. To protect the health and safety of the public, the department may pay, in part or in whole, the cost of drugs and medical care used to treat any person for or to prevent the spread of communicable tuberculosis and for evaluation and diagnosis of persons who have been identified as contacts of a person with communicable tuberculosis. The department shall determine the ability of a person to pay by consideration of the following factors: (a) The person's age, (b) the number of his or her dependents and their ages and physical condition, (c) the person's length of care, maintenance, or treatment, (d) his or her liabilities, (e) the extent that such cost is covered by an insurer or other third-party payor, and (f) his or her assets. Pursuant to the Administrative Procedure Act, the department shall adopt and promulgate rules and regulations for making the determinations required by this subsection.
Rules, regulations, and orders in effect under this section prior to July 16, 2004, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.
Source
Laws 1972, LB 1492, § 6;
Laws 1996, LB 1044, § 665;
Laws 2004, LB 1005, § 97;
Laws 2009, LB195, § 82.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3701 - Act, how cited.

71-3701.
Act, how cited.
Sections 71-3701 to 71-3706 shall be known and may be cited as the Brain Injury Assistance Act.
Source
Laws 2019, LB481, § 1;
Laws 2022, LB971, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3702 - Terms, defined.

71-3702.
Terms, defined.
For purposes of the Brain Injury Assistance Act:
(1) Brain injury has the definition found in section 81-654; and
(2) Committee means the Brain Injury Oversight Committee created in section 71-3703.
Source
Laws 2019, LB481, § 2;
Laws 2022, LB971, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3703 - Brain Injury Oversight Committee; created; members; terms; meetings; expenses.

71-3703.
Brain Injury Oversight Committee; created; members; terms; meetings; expenses.
(1) The Brain Injury Oversight Committee is created. The committee shall consist of nine public members and the following directors, or their designees: The Commissioner of Education; the Director of Behavioral Health of the Department of Health and Human Services; and the Director of Public Health of the Department of Health and Human Services. The Governor shall appoint the nine public members which shall include individuals with a brain injury or family members of individuals with a brain injury, a representative of a public or private health-related organization, a representative of a developmental disability advisory or planning group within Nebraska, a representative of service providers for individuals with a brain injury, and a representative of a nonprofit brain injury advocacy organization.
(2) The Governor shall appoint the public members within ninety days after July 15, 2020. The Governor shall designate the initial terms so that three members serve one-year terms, three members serve two-year terms, and three members serve three-year terms. Their successors shall be appointed for four-year terms. Any vacancy shall be filled from the same category for the remainder of the unexpired term. Any member of the committee shall be eligible for reappointment. At least one member of the committee shall be appointed from each congressional district.
(3) The committee shall select a chairperson and such other officers as it deems necessary to perform its functions and shall establish policies to govern its procedures. The committee shall meet at least four times annually, and at any other time as the business of the committee requires, and shall meet at such place as may be established by the chairperson. The public members of the committee shall be reimbursed for their actual and necessary expenses as provided in sections 81-1174 to 81-1177.
Source
Laws 2019, LB481, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3704 - Committee; duties.

71-3704.
Committee; duties.
The committee shall:
(1) Provide financial oversight and direction to the University of Nebraska Medical Center in the management of the Brain Injury Assistance Program;
(2) Develop criteria for expenditures from the Brain Injury Assistance Program; and
(3) Represent the interests of individuals with a brain injury and their families through advocacy, education, training, rehabilitation, research, and prevention.
Source
Laws 2019, LB481, § 4;
Laws 2022, LB971, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3705 - Brain Injury Assistance Program; created; administration.

71-3705.
Brain Injury Assistance Program; created; administration.
(1) The Brain Injury Assistance Program is created. The program shall be administered by the Department of Health and Human Services through a contract with the University of Nebraska Medical Center. The program shall provide assistance for individuals with a brain injury by paying for contracts with outside sources that specialize in the area of brain injury. Such outside sources shall operate, at a minimum, statewide, and also in targeted areas as defined and determined in the contract, with individuals with a brain injury; work to secure and develop community-based services for individuals with a brain injury; provide support groups and access to pertinent information, medical resources, and service referrals for individuals with a brain injury; and educate professionals who work with individuals with a brain injury.
(2) The program may provide assistance with the following activities, including, but not limited to:
(a) Resource facilitation. Resource facilitation shall be given priority and made available to provide ongoing support for individuals with a brain injury and their families for coping with brain injuries. Resource facilitation may provide a linkage to existing services and increase the capacity of the state's providers of services to individuals with a brain injury by providing brain-injury-specific information, support, and resources and enhancing the usage of support commonly available in a community. Agencies providing resource facilitation shall specialize in providing services to individuals with a brain injury and their families;
(b) Voluntary training for service providers in the appropriate provision of services to individuals with a brain injury;
(c) Followup contact to provide information on brain injuries for individuals on the brain injury registry established in the Brain Injury Registry Act;
(d) Activities to promote public awareness of brain injury and prevention methods;
(e) Supporting research in the field of brain injury;
(f) Providing and monitoring quality improvement processes with standards of care among brain injury service providers; and
(g) Collecting data and evaluating how the needs of individuals with a brain injury and their families are being met in this state.
(3) Administration costs of the program shall not be more than ten percent of the total expenditures of the program.
(4) Data collection and evaluation conducted pursuant to this section shall not be a burden or unnecessary hardship to individuals with a brain injury or service providers.
(5) Nothing in this section shall require a professional, provider, caregiver, or individual to receive training as a condition of receiving or providing nonmedical services to individuals with a brain injury.
Source
Laws 2019, LB481, § 5;
Laws 2022, LB971, § 4.
Cross References
Brain Injury Registry Act, see section 81-653.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3706 - Legislative intent.

71-3706.
Legislative intent.
It is the intent of the Legislature to appropriate five hundred thousand dollars from the Nebraska Health Care Cash Fund annually beginning in fiscal year 2020-21 to the Brain Injury Assistance Program for purposes of carrying out the Brain Injury Assistance Act.
Source
Laws 2019, LB481, § 6;
Laws 2022, LB971, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3902 - Terms, defined.

71-3902.
Terms, defined.
For purposes of the Indoor Tanning Facility Act:
(1) Board means the Board of Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art;
(2) Department means the Division of Public Health of the Department of Health and Human Services;
(3) Operator means a person designated by the tanning facility owner or tanning equipment lessee to operate, or to assist and instruct in the operation and use of, the tanning facility or tanning equipment;
(4) Tanning equipment means any device that emits electromagnetic radiation with wavelengths in the air between two hundred nanometers and four hundred nanometers and that is used for tanning of the skin. Tanning equipment includes, but is not limited to, a sunlamp, tanning booth, or tanning bed; and
(5) Tanning facility means a location, place, area, structure, or business that provides access to tanning equipment. Tanning facility includes, but is not limited to, any tanning business, salon, health club, apartment, or condominium, which has tanning equipment that is made available for public or commercial use, regardless of whether a fee is charged for access to the tanning equipment.
Source
Laws 2014, LB132, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3903 - Legislative intent.

71-3903.
Legislative intent.
It is the intent of the Legislature that the Indoor Tanning Facility Act be implemented and enforced in a manner that ensures equal treatment of all tanning facilities regardless of the type of business or facility or number of pieces of tanning equipment at the tanning facility.
Source
Laws 2014, LB132, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3904 - Applicability of act.

71-3904.
Applicability of act.
The Indoor Tanning Facility Act does not apply to:
(1) A physician licensed under the Uniform Credentialing Act who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emits ultraviolet radiation; or
(2) Any individual who owns tanning equipment exclusively for personal, noncommercial use.
Source
Laws 2014, LB132, § 4.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3905 - Operator, owner, or lessee; prohibited acts; signed statement required; when; consent; proof of age; duties.

71-3905.
Operator, owner, or lessee; prohibited acts; signed statement required; when; consent; proof of age; duties.
It shall be unlawful for an operator, an owner of a tanning facility, or a lessee of a tanning facility to allow any person less than sixteen years of age to use tanning equipment at the tanning facility unless the person is accompanied by a parent or legal guardian. Before each use of tanning equipment by any person less than sixteen years of age, the operator, owner, or lessee shall secure a statement signed at the tanning facility by the minor's parent or legal guardian stating that the person signing the statement is the minor's parent or legal guardian, that the parent or legal guardian has read and understood the warnings given by the tanning facility, that the parent or legal guardian consents to the minor's use of tanning equipment, and that the parent or legal guardian agrees that the minor will use protective eyewear while using the tanning equipment. The operator, owner, or lessee shall require proof of age from each person before allowing the person access to tanning equipment. For purposes of this section, proof of age shall include, but not be limited to, a driver's license or other government-issued identification containing the person's date of birth and photograph or digital image.
Source
Laws 2014, LB132, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3906 - Operator, owner, or lessee; civil penalty.

71-3906.
Operator, owner, or lessee; civil penalty.
Any operator, owner of a tanning facility, or lessee of a tanning facility who allows any person less than sixteen years of age to use tanning equipment at the tanning facility without being accompanied by the parent or legal guardian who signed the statement required under section 71-3905 shall be subject to a civil penalty of one hundred dollars to be imposed and collected by the department. The department shall remit the civil penalty to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 2014, LB132, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3907 - Operator, owner, or lessee; post warning sign; information.

71-3907.
Operator, owner, or lessee; post warning sign; information.
(1) An operator, an owner of a tanning facility, or a lessee of a tanning facility shall post a warning sign in a conspicuous location in the tanning facility where it is readily visible by any person entering the tanning facility. The warning sign shall have black letters which are at least one-fourth inch in height.
(2) The warning sign shall include the following information:
DANGER — Ultraviolet Radiation
Follow instructions.
Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injuries and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer.
WEAR PROTECTIVE EYEWEAR — Failure to do so may result in severe burns or long-term injury to eyes.
Medicines or cosmetics can increase your sensitivity to ultraviolet radiation. Consult your physician before using sunlamps if you are using medication or have a history of skin problems or believe yourself to be especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from the use of tanning equipment.
It is unlawful for a tanning facility to allow a person under sixteen years of age to use tanning equipment without being accompanied by the person's parent or legal guardian.
Any person may report a violation of the Indoor Tanning Facility Act to the Department of Health and Human Services.
Source
Laws 2014, LB132, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3908 - Operator, owner, or lessee; ensure compliance.

71-3908.
Operator, owner, or lessee; ensure compliance.
An operator, an owner of a tanning facility, or a lessee of a tanning facility shall ensure that the tanning facility complies with all applicable federal laws and regulations and the Indoor Tanning Facility Act.
Source
Laws 2014, LB132, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3909 - Complaint; department; powers.

71-3909.
Complaint; department; powers.
Upon receipt of a complaint regarding a tanning facility, the department, with the recommendation of the board, may inspect any tanning facility during the hours of operation of the tanning facility to ensure compliance with the Indoor Tanning Facility Act.
Source
Laws 2014, LB132, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4001 - Transactions, defined.

71-4001.
Transactions, defined.
Procuring, furnishing, donating, processing, distributing, or using human whole blood, plasma, blood products, blood derivatives, and other human tissues such as corneas, bones, or organs for the purpose of injecting, transfusing, or transplanting any of them in the human body is declared for all purposes to be the rendition of a service by every person participating therein and whether or not any remuneration is paid therefor is declared not to be a sale of such whole blood, plasma, blood products, blood derivatives, or other human tissues.
Source
Laws 1967, c. 434, § 1, p. 1323.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4002 - Plasma donation; consent.

71-4002.
Plasma donation; consent.
Any individual of sound mind and eighteen years of age or more may consent to donate plasma without the permission of a parent or guardian. The consent is not subject to later disaffirmance because of minority.
Source
Laws 2016, LB813, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4102 - Terms, defined.

71-4102.
Terms, defined.
For purposes of the Down Syndrome Diagnosis Information and Support Act:
(1) Department means the Division of Public Health of the Department of Health and Human Services;
(2) Down syndrome means a chromosomal condition caused by cell division that results in the presence of an extra whole or partial copy of chromosome 21;
(3) Down syndrome organization means any national, state, or local nonprofit organization primarily involved in providing advocacy, support, and education to individuals with Down syndrome and their parents;
(4) Health care practitioner means any person who is credentialed under the Uniform Credentialing Act to provide health or medical care in the ordinary course of business or practice of a profession, including a genetic counselor; and
(5) Parents means (a) expectant parents of a child who receive a test result from a prenatal screening or diagnostic test that indicates a high likelihood or the definite presence of Down syndrome, (b) parents of a child postnatally diagnosed with Down syndrome, and (c) a legal guardian of a child diagnosed with Down syndrome.
Source
Laws 2016, LB891, § 2.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4103 - Information support sheet.

71-4103.
Information support sheet.
A health care practitioner who provides prenatal or postnatal care, who administers or requests administration of a prenatal or postnatal screening or diagnostic test that detects Down syndrome, and who receives a test result from such test that indicates a high likelihood or the definite presence of Down syndrome shall deliver to the parents the information support sheet provided by the department under section 71-4104.
Source
Laws 2016, LB891, § 3.