reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-503.02 - Chlamydia, gonorrhea, or trichomoniasis; prescription oral antibiotic drugs; powers of medical professionals; restrictions.

71-503.02.
Chlamydia, gonorrhea, or trichomoniasis; prescription oral antibiotic drugs; powers of medical professionals; restrictions.
If a physician, a physician assistant, a nurse practitioner, or a certified nurse midwife licensed under the Uniform Credentialing Act diagnoses a patient as having chlamydia, gonorrhea, or trichomoniasis, the physician may prescribe, provide drug samples of, or dispense pursuant to section 38-2850, and the physician assistant, nurse practitioner, or certified nurse midwife may prescribe or provide drug samples of, prescription oral antibiotic drugs to that patient's sexual partner or partners without examination of that patient's partner or partners. Adequate directions for use and medication guides, where applicable, shall be provided along with additional prescription oral antibiotic drugs for any additional partner. The physician, physician assistant, nurse practitioner, or certified nurse midwife shall at the same time provide written information about chlamydia, gonorrhea, and trichomoniasis to the patient for the patient to provide to the partner or partners. The oral antibiotic drugs prescribed, provided, or dispensed pursuant to this section must be stored, dispensed, and labeled in accordance with federal and state pharmacy laws and regulations. Prescriptions for the patient's sexual partner or partners must include the partner's name. If the infected patient is unwilling or unable to deliver such prescription oral antibiotic drugs to his or her sexual partner or partners, such physician may prescribe, provide, or dispense pursuant to section 38-2850 and such physician assistant, nurse practitioner, or certified nurse midwife may prescribe or provide samples of the prescription oral antibiotic drugs for delivery to such partner, if such practitioner has sufficient locating information.
Source
Laws 2013, LB528, § 1;
Laws 2019, LB62, § 1.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-503.03 - Chlamydia or gonorrhea; prescription oral antibiotic drugs; rules and regulations.

71-503.03.
Chlamydia or gonorrhea; prescription oral antibiotic drugs; rules and regulations.
The Department of Health and Human Services may adopt and promulgate rules and regulations to carry out section 71-503.02.
Source
Laws 2013, LB528, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-504 - Sexually transmitted diseases; minors; treatment without consent of parent; expenses.

71-504.
Sexually transmitted diseases; minors; treatment without consent of parent; expenses.
The chief medical officer as designated in section 81-3115, or local director of health, if a physician, or his or her agent, or any physician, upon consultation by any person as a patient, shall, with the consent of such person who is hereby granted the right of giving such consent, make or cause to be made a diagnostic examination for sexually transmitted diseases and prescribe for and treat such person for sexually transmitted diseases including prophylactic treatment for exposure to sexually transmitted diseases whenever such person is suspected of having a sexually transmitted disease or contact with anyone having a sexually transmitted disease. All such examinations and treatment may be performed without the consent of or notification to the parent, parents, guardian, or any other person having custody of such person. In any such case, the chief medical officer, or local director of health, if a physician, or his or her agent, or the physician shall incur no civil or criminal liability by reason of having made such diagnostic examination or rendered such treatment, but such immunity shall not apply to any negligent acts or omissions. The chief medical officer or local director of health, if a physician, or his or her agent, or the physician shall incur no civil or criminal liability by reason of any adverse reaction to medication administered if reasonable care is taken to elicit from any such person who is under twenty years of age any history of sensitivity or previous adverse reaction to medication. Parents shall be liable for expenses of such treatment to minors under their custody. In the event such person is affected with a sexually transmitted disease, the chief medical officer or local director of health may cause an interview of the person by a sexually transmitted disease investigator to secure the names of sexual contacts so that appropriate investigation can be made in an effort to locate and eliminate sources of infection.
Source
Laws 1972, LB 1096, § 1;
R.S.1943, (1986), § 71-1121;
Laws 1988, LB 1012, § 9;
Laws 1996, LB 1044, § 495;
Laws 1997, LB 197, § 5;
Laws 2007, LB296, § 383.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-505 - Department of Health and Human Services; public health; duties; fees.

71-505.
Department of Health and Human Services; public health; duties; fees.
(1) The Department of Health and Human Services shall secure and maintain in all parts of the state an official record and notification of reportable diseases, illnesses, or poisonings, provide popular literature upon the different branches of public health and distribute the same free throughout the state in a manner best calculated to promote that interest, prepare and exhibit in the different communities of the state public health demonstrations accompanied by lectures and audiovisual aids, provide preventive services to protect the public, and in all other effective ways prevent the origin and spread of disease and promote the public health.
(2) The department may provide technical services to and on behalf of health care providers and may charge fees for such services in an amount sufficient to recover the administrative costs of such services. Such fees shall be paid into the state treasury and credited to the Health and Human Services Cash Fund.
Source
Laws 1919, c. 190, tit. VI, art. II, div. VIII, § 5, p. 781;
C.S.1922, § 8226;
C.S.1929, § 71-2305;
R.S.1943, § 71-505;
Laws 1986, LB 763, § 4;
Laws 1988, LB 1012, § 10;
Laws 1996, LB 1044, § 496;
Laws 2005, LB 301, § 14;
Laws 2007, LB296, § 384.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-506 - Violations; penalty; enforcement.

71-506.
Violations; penalty; enforcement.
Any person violating any of the provisions of sections 71-501 to 71-505, 71-507 to 71-513, or 71-514.01 to 71-514.05 or section 71-531 shall be guilty of a Class V misdemeanor for each offense, except that any person who willfully or maliciously discloses, except as provided by law, the content of any reports, notifications, or resulting investigations made under section 71-502 and subject to the confidentiality provisions of section 71-503.01 shall be guilty of a Class III misdemeanor. The Attorney General or the county attorney may, in accordance with the laws of the state governing injunctions and other process, maintain an action in the name of the state against any person or any private or public entity for violating sections 71-501 to 71-505, 71-507 to 71-513, or 71-514.01 to 71-514.05 or section 71-531 and the rules and regulations adopted and promulgated under such sections.
Source
Laws 1919, c. 190, tit. VI, art. II, div. VIII, § 6, p. 781;
C.S.1922, § 8227;
C.S.1929, § 71-2306;
R.S.1943, § 71-506;
Laws 1977, LB 39, § 151;
Laws 1988, LB 1012, § 11;
Laws 1989, LB 157, § 8;
Laws 1994, LB 819, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-508 - Exposure to infectious disease or condition; form; department; duties.

71-508.
Exposure to infectious disease or condition; form; department; duties.
The department shall prescribe a form for use by the emergency services provider to notify the health care facility or alternate facility and the designated physician that the provider believes he or she has had a significant exposure to an infectious disease or condition. The form shall include identifying information for the emergency services provider, the provider agency, the designated physician, the patient, the patient's attending physician, and the receiving health care facility or alternate facility, a description of the exposure, a description of the protective measures and equipment used by the provider to minimize exposure hazard, and such other information as is necessary to protect the public health and safety and to implement sections 71-507 to 71-513.
Source
Laws 1989, LB 157, § 2;
Laws 1997, LB 138, § 47.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-510 - Emergency services provider; public safety official; significant exposure; testing; conditions.

71-510.
Emergency services provider; public safety official; significant exposure; testing; conditions.
(1) The patient or individual shall be informed that he or she has the right to consent to the test for presence of an infectious disease or condition and that if the patient or individual refuses the test, such refusal will be communicated to the emergency services provider or public safety official.
(2) If the patient or individual is unconscious or incapable of signing an informed consent form, the consent may be obtained from the patient's or individual's next of kin or legal guardian.
(3) If an emergency services provider has a significant exposure which, in the opinion of the designated physician, could involve the transmission of hepatitis B, hepatitis C, or human immunodeficiency virus, the patient's attending physician shall initiate the necessary diagnostic blood tests of the patient. If the patient or patient's representative refuses to grant consent for such test and a sample of the patient's blood is available, the blood shall be tested for hepatitis B, hepatitis C, or human immunodeficiency virus. If the patient or patient's guardian refuses to grant consent and a sample of the patient's blood is not available, the patient's refusal shall be communicated to the designated physician who shall inform the emergency services provider. The emergency services provider may petition the district court for an order mandating that the test be performed.
(4) If a public safety official believes he or she has had a significant exposure while performing his or her duties, other than those as an emergency services provider, which, in the opinion of a physician, could involve exposure to an infectious disease or condition, the public safety official or the provider agency which employs or directs him or her may (a) request the individual who may have transmitted the infectious disease or condition to consent to having the necessary diagnostic blood tests performed or (b) if the individual refuses to consent to such tests, petition the district court for an order mandating that the necessary diagnostic blood tests of such individual be performed.
(5) If a patient or individual is deceased, no consent shall be required to test for the presence of an infectious disease or condition.
(6) If the State of Nebraska serves as guardian for the patient or individual and refuses to grant consent to test for the presence of an infectious disease or condition, the state as guardian (a) shall be subject to the jurisdiction of the district court upon the filing of a petition for an order mandating that the test be performed and (b) shall not have sovereign immunity in such suit or proceeding.
Source
Laws 1989, LB 157, § 4;
Laws 1997, LB 138, § 49;
Laws 2003, LB 55, § 2;
Laws 2006, LB 1115, § 37.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-511 - Information or test; confidentiality.

71-511.
Information or test; confidentiality.
(1) Information concerning any patient, individual, or test results obtained under sections 71-507 to 71-513 shall be maintained as confidential by the health care facility or alternate facility that received or tested the patient or individual, the designated physician, the patient's attending physician, the emergency services provider, the public safety official, and the provider agency except as provided by the Health Care Facility Licensure Act and sections 71-503.01 and 71-507 to 71-513 and the rules and regulations adopted and promulgated pursuant to such act and sections. Such information shall not be made public upon subpoena, search warrant, discovery proceedings, or otherwise except as provided by such act and sections.
(2) The information described in subsection (1) of this section may be released with the written consent of the patient or individual or, if the patient or individual is deceased or incapable of giving informed consent, with the written consent of his or her next of kin, legal guardian, or personal representative of his or her estate.
Source
Laws 1989, LB 157, § 5;
Laws 1997, LB 138, § 50;
Laws 2000, LB 819, § 96;
Laws 2003, LB 55, § 3.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-512 - Health care facilities; provider agencies; adopt procedures.

71-512.
Health care facilities; provider agencies; adopt procedures.
All health care facilities and provider agencies subject to sections 71-507 to 71-513 shall adopt written procedures regarding infectious diseases or conditions which address preexposure safeguards, notification procedures, and postexposure risk-reduction methods.
Source
Laws 1989, LB 157, § 6;
Laws 1997, LB 138, § 51.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-513 - Immunity from liability; when.

71-513.
Immunity from liability; when.
Any health care facility, provider agency, or agent, employee, administrator, physician, or other representative of such health care facility or provider agency who in good faith provides or fails to provide notification, testing, or other action as required by sections 71-507 to 71-513 shall have immunity from any liability, either criminal or civil, that might result by reason of such action or inaction.
Source
Laws 1989, LB 157, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-514.01 - Health care providers; legislative findings.

71-514.01.
Health care providers; legislative findings.
The Legislature hereby finds that health care providers are at risk of significant exposure to the blood and other body fluids of patients as a result of their work. The testing of such body fluids for the presence of infectious disease is necessary to provide postexposure risk-reduction methods and treatment, if necessary, for health care providers when there is a significant exposure to the body fluid of a patient and there are unresolved issues of consent by the patient to the testing of such fluids.
Source
Laws 1994, LB 819, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-514.02 - Health care providers; terms, defined.

71-514.02.
Health care providers; terms, defined.
For purposes of sections 71-514.01 to 71-514.05:
(1) Health care provider means a person who provides care to a patient which is designed to improve the status of his or her health whether this care is rendered in the hospital or community setting and whether the provider is paid or voluntary. Health care provider does not mean an emergency services provider as defined in section 71-507;
(2) Infectious disease or condition means hepatitis B, hepatitis C, meningococcal meningitis, active pulmonary tuberculosis, human immunodeficiency virus, and such other diseases as the Department of Health and Human Services may from time to time specify;
(3) Patient means an individual who is sick, injured, wounded, or otherwise helpless or incapacitated;
(4) Provider agency means any health care facility or agency which is in the business of providing health care services; and
(5) Significant exposure to blood or other body fluid means a specific eye, mouth, other mucous membrane, nonintact skin, or parenteral contact with blood or other materials known to transmit infectious diseases that results from providing care.
Source
Laws 1994, LB 819, § 8;
Laws 1996, LB 1044, § 498;
Laws 1997, LB 138, § 52;
Laws 2003, LB 667, § 6;
Laws 2007, LB296, § 386.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-514.03 - Health care providers; significant exposure to blood or body fluid; procedure; cost; restriction.

71-514.03.
Health care providers; significant exposure to blood or body fluid; procedure; cost; restriction.
(1) If a health care provider has a significant exposure to the blood or body fluid of a patient as determined and documented by a designated representative of the provider agency according to a written protocol:
(a) The patient shall be informed that he or she has the right to consent to the diagnostic testing of his or her body fluid for presence of an infectious disease or condition and that if the patient refuses to grant consent, such refusal shall be communicated to the health care provider;
(b) If the patient is unconscious or incapable of signing an informed consent form, the consent may be obtained from the patient's next of kin or legal guardian;
(c) If the patient or patient's next of kin or legal guardian refuses to grant consent for such testing and a sample of the patient's blood or other body fluid is available, the sample shall be tested for the presence of infectious disease or condition. If an available sample of blood or other body fluid is tested without consent, the patient or patient's next of kin or legal guardian shall be notified that the available sample is being tested and informed of the purpose of the test and test results. If the human immunodeficiency virus test result is positive, the health care provider or provider agency shall refer the patient for posttest counseling. If the patient or patient's guardian refuses to grant consent and a sample of the patient's blood or other body fluid is not available, the health care provider or provider agency may petition the district court for an order mandating that the testing be performed; or
(d) If a patient dies without the opportunity to consent to such testing, testing for the presence of an infectious disease or condition shall be conducted.
(2) The provider agency shall be responsible for the cost of such diagnostic testing.
(3) Routine drawing of a sample of blood or other body fluid for the purpose of testing for infectious disease or conditions without obtaining consent shall be prohibited.
Source
Laws 1994, LB 819, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-514.04 - Health care providers; patient information or test results; confidentiality; release of information.

71-514.04.
Health care providers; patient information or test results; confidentiality; release of information.
(1) Information concerning any patient or test results obtained under section 71-514.03 shall be maintained as confidential by the health care facility that received or tested the patient, the patient's attending physician, the health care provider, and the provider agency except as provided by section 71-503.01 and the rules and regulations adopted and promulgated pursuant to such section. Such information shall not be made public upon subpoena, search warrant, discovery proceedings, or otherwise except as provided by such section.
(2) The information described in subsection (1) of this section may be released with the written consent of the patient or, if the patient is deceased or incapable of giving informed consent, with the written consent of his or her next of kin, legal guardian, or personal representative of his or her estate.
Source
Laws 1994, LB 819, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-514.05 - Health care providers; provider agencies; adopt procedures.

71-514.05.
Health care providers; provider agencies; adopt procedures.
Provider agencies shall adopt written procedures regarding infectious diseases or conditions which address preexposure safeguards and postexposure risk-reduction methods. All records regarding any tests made as a result of a significant exposure of a health care provider to blood or other body fluid shall be kept only for the purpose of medical surveillance of an occupational risk of the health care provider.
Source
Laws 1994, LB 819, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-516.01 - Act, how cited.

71-516.01.
Act, how cited.
Sections 71-516.01 to 71-517 shall be known and may be cited as the Alzheimer's Special Care Disclosure Act.
Source
Laws 1994, LB 1210, § 162;
Laws 2016, LB698, § 23.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-516.02 - Legislative findings and declarations.

71-516.02.
Legislative findings and declarations.
The Legislature finds and declares that:
(1) Certain nursing homes and related facilities and assisted-living facilities claim special care for persons who have Alzheimer's disease, dementia, or a related disorder;
(2) It is in the public interest to provide for the protection of consumers regarding the accuracy and authenticity of such claims;
(3) The provisions of the Alzheimer's Special Care Disclosure Act are intended to require such facilities to disclose the reasons for those claims, require records of such disclosures to be kept, and require the department to examine the records; and
(4) Alzheimer’s special care units provide care for persons with cognitive impairments and dementia and assisted-living facilities would benefit from a memory care endorsement.
Source
Laws 1994, LB 1210, § 163;
Laws 1996, LB 1044, § 499;
Laws 1997, LB 608, § 6;
Laws 2007, LB296, § 387;
Laws 2016, LB698, § 24.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-516.03 - Terms, defined.

71-516.03.
Terms, defined.
For purposes of the Alzheimer's Special Care Disclosure Act:
(1) Alzheimer's special care unit means any nursing facility or assisted-living facility, licensed by the department, which secures, segregates, or provides a special program or special unit for residents with a diagnosis of probable Alzheimer's disease, dementia, or a related disorder and which advertises, markets, or otherwise promotes the facility as providing specialized Alzheimer's disease, dementia, or related disorder care services;
(2) Department means the Department of Health and Human Services; and
(3) Memory care endorsement has the same meaning as in section 71-422.01.
Source
Laws 1994, LB 1210, § 164;
Laws 1996, LB 1044, § 500;
Laws 1997, LB 608, § 7;
Laws 2007, LB296, § 388;
Laws 2016, LB698, § 25.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-516.04 - Facility; disclosures required; department; duties.

71-516.04.
Facility; disclosures required; department; duties.
(1) Any facility which offers to provide or provides care for persons with Alzheimer's disease, dementia, or a related disorder by means of an Alzheimer's special care unit shall disclose the form of care or treatment provided that distinguishes such form as being especially applicable to or suitable for such persons. The disclosure shall be made to the department and to any person seeking placement within an Alzheimer's special care unit. The department shall examine all such disclosures in the records of the department as part of the facility's license renewal procedure at the time of licensure or relicensure.
(2) The information disclosed shall explain the additional care provided in each of the following areas:
(a) The Alzheimer's special care unit's written statement of its overall philosophy and mission which reflects the needs of residents afflicted with Alzheimer's disease, dementia, or a related disorder;
(b) The process and criteria for placement in, transfer to, or discharge from the unit;
(c) The process used for assessment and establishment of the plan of care and its implementation, including the method by which the plan of care evolves and is responsive to changes in condition;
(d) Staff training and continuing education practices which shall include, but not be limited to, four hours annually for direct care staff. Such training shall include topics pertaining to the form of care or treatment set forth in the disclosure described in this section. The requirement in this subdivision shall not be construed to increase the aggregate hourly training requirements of the Alzheimer's special care unit;
(e) The physical environment and design features appropriate to support the functioning of cognitively impaired adult residents;
(f) The frequency and types of resident activities;
(g) The involvement of families and the availability of family support programs; and
(h) The costs of care and any additional fees.
(3) In order to qualify for a memory care endorsement, an assisted-living facility making a disclosure under this section shall comply with section 71-472.
Source
Laws 1994, LB 1210, § 165;
Laws 1996, LB 1044, § 501;
Laws 2007, LB296, § 389;
Laws 2010, LB849, § 23;
Laws 2016, LB698, § 26.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-517 - Memory care endorsement.

71-517.
Memory care endorsement.
An assisted-living facility which is an Alzheimer’s special care unit may apply for a memory care endorsement as provided in the Health Care Facility Licensure Act but shall not advertise itself as an endorsed memory care unit without such endorsement.
Source
Laws 2016, LB698, § 27.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-520 - Food supplement and treatment services program; authorized; fees.

71-520.
Food supplement and treatment services program; authorized; fees.
The Department of Health and Human Services shall establish a program to provide food supplements and treatment services to individuals suffering from the inherited or congenital infant or childhood-onset diseases set forth in section 71-519. To defray or help defray the costs of any program which may be established by the department under this section, the department may prescribe and assess a scale of fees for the food supplements. The maximum prescribed fee for food supplements shall be no more than the actual cost of providing such supplements. No fees may be charged for formula, and up to two thousand dollars of pharmaceutically manufactured food supplements shall be available to an individual without fees each year. For purposes of this section, pharmaceutically manufactured foods are chemically synthesized or processed for the treatment of inborn errors in metabolism.
Source
Laws 1987, LB 385, § 2;
Laws 1996, LB 1044, § 503;
Laws 1997, LB 610, § 1;
Laws 1998, LB 1073, § 86;
Laws 2002, LB 235, § 2;
Laws 2005, LB 301, § 16;
Laws 2007, LB296, § 391;
Laws 2017, LB91, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-521 - Tests and reports; department; duties.

71-521.
Tests and reports; department; duties.
The Department of Health and Human Services shall prescribe the tests, the test methods and techniques, and such reports and reporting procedures as are necessary to implement sections 71-519 to 71-524.
Source
Laws 1987, LB 385, § 3;
Laws 1996, LB 1044, § 504;
Laws 2002, LB 235, § 3;
Laws 2005, LB 301, § 17;
Laws 2007, LB296, § 392.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-522 - Central data registry; department; duties; use of data.

71-522.
Central data registry; department; duties; use of data.
The Department of Health and Human Services shall establish and maintain a central data registry for the collection and storage of reported data concerning inherited or congenital infant or childhood-onset diseases. The department shall use reported data to ensure that all infants born in the State of Nebraska are tested for diseases set forth in section 71-519 or by rule and regulation. The department shall also use reported data to evaluate the quality of the statewide system of newborn screening and develop procedures for quality assurance. Reported data in anonymous or statistical form may be made available by the department for purposes of research.
Source
Laws 1987, LB 385, § 4;
Laws 1996, LB 1044, § 505;
Laws 1998, LB 1073, § 87;
Laws 2002, LB 235, § 4;
Laws 2005, LB 301, § 18;
Laws 2007, LB296, § 393;
Laws 2017, LB91, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-524 - Enforcement; procedure.

71-524.
Enforcement; procedure.
In addition to any other remedies which may be available by law, a civil proceeding to enforce section 71-519 may be brought in the district court of the county where the infant is domiciled or found. The attending physician, the hospital or other birthing facility, the Attorney General, or the county attorney of the county where the infant is domiciled or found may institute such proceedings as are necessary to enforce such section. It shall be the duty of the Attorney General or the county attorney to whom the Department of Health and Human Services reports a violation to cause appropriate proceedings to be initiated without delay. A hearing on any action brought pursuant to this section shall be held within seventy-two hours of the filing of such action, and a decision shall be rendered by the court within twenty-four hours of the close of the hearing.
Source
Laws 1987, LB 385, § 6;
Laws 1996, LB 1044, § 507;
Laws 2002, LB 235, § 6;
Laws 2007, LB296, § 395.
Annotations
By its terms, in addition to the specific and therefore preferred remedy in district court, this section states that the newborn screening statutes may also be enforced through "other remedies which may be available by law." Under the proper set of proven facts, enforcement through the neglect provisions of the juvenile code may be one such "other remedy." In re Interest of Anaya, 276 Neb. 825, 758 N.W.2d 10 (2008).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-528 - Intent and purpose.

71-528.
Intent and purpose.
(1) It is the intent of the Legislature that the citizens of the State of Nebraska benefit by participation in national efforts to take innovative action to provide immunization of our children by removal of barriers which impede vaccine delivery and by improving access to immunization services.
(2) It is also the purpose of the Childhood Vaccine Act to provide authorization for childhood immunization programs and demonstration or pilot projects that document childhood immunization trends, encourage cooperation between and use of both private practitioners and public providers in offering health care to children, and otherwise assess a total approach to immunization against childhood diseases.
Source
Laws 1992, LB 431, § 3;
Laws 1994, LB 1223, § 31.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-530 - Act; entitlement not created; availability of funds; effect.

71-530.
Act; entitlement not created; availability of funds; effect.
The Childhood Vaccine Act is not intended to create an entitlement to any activities described in the act, and the Department of Health and Human Services may perform the activities described in the act to the extent funds are available.
Source
Laws 1992, LB 431, § 5;
Laws 1996, LB 1044, § 509.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-531 - Test; anonymous testing; referral for treatment; person committed to the Department of Correctional Services; department; duties.

71-531.
Test; anonymous testing; referral for treatment; person committed to the Department of Correctional Services; department; duties.
(1) A person seeking a human immunodeficiency virus test shall have the right to remain anonymous. If an anonymous test is requested, a health care provider shall confidentially refer such person to a site which provides anonymous testing.
(2) When a health care provider or a health facility performs a human immunodeficiency virus test and the result is positive, the person being tested shall be referred for posttest treatment.
(3) When a human immunodeficiency virus test is performed by licensed medical personnel of the Department of Correctional Services on an individual committed to such department, the person committed to the department shall be informed by the department (a) if he or she is being tested for the human immunodeficiency virus, (b) that education shall be provided to him or her about the human immunodeficiency virus, including, but not limited to, the identification and reduction of risks, and (c) of the test result and the meaning of such result. Posttest counseling shall be required for the subject of the test if such test is positive.
Source
Laws 1994, LB 819, § 5;
Laws 1997, LB 194, § 1;
Laws 2009, LB288, § 33;
Laws 2010, LB1036, § 35;
Laws 2018, LB285, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-532 - Test results reportable; manner.

71-532.
Test results reportable; manner.
The Department of Health and Human Services shall adopt and promulgate rules and regulations which make the human immunodeficiency virus infection reportable by name in the same manner as communicable diseases under section 71-502.
Source
Laws 1994, LB 819, § 6;
Laws 1996, LB 1044, § 510;
Laws 2007, LB296, § 397.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-539 - Legislative intent.

71-539.
Legislative intent.
It is the intent of the Legislature that sections 71-539 to 71-544 provide for the exchange of immunization information between health care professionals, health care facilities, health care services, schools, postsecondary educational institutions, licensed child care facilities, electronic health-record systems, public health departments, health departments of other states, Indian health services, and tribes for the purpose of protecting the public health by facilitating age-appropriate immunizations which will minimize the risk of outbreak of vaccine-preventable diseases.
Source
Laws 1998, LB 1063, § 11;
Laws 2011, LB591, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-540 - Immunization information; nondisclosure.

71-540.
Immunization information; nondisclosure.
All immunization information may be shared with the Department of Health and Human Services and entered into the central database created pursuant to section 71-541.01. A patient or, if the patient is a minor, the patient's parent or legal guardian may deny access under sections 71-539 to 71-544 to the patient's immunization information by signing a nondisclosure form with the professional or entity which provided the immunization and with the department. The nondisclosure form shall be kept with the immunization information of the patient, and such immunization information is considered restricted immunization information.
Source
Laws 1998, LB 1063, § 12;
Laws 2011, LB591, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-541 - Immunization information system; immunization information; access; fee.

71-541.
Immunization information system; immunization information; access; fee.
Any person or entity authorized under section 71-541.01 to access immunization information in the immunization information system established pursuant to section 71-541.01 may access such information pursuant to rules and regulations of the Department of Health and Human Services for purposes of direct patient care, public health activities, or enrollment in school or child care services. The unrestricted immunization information shared may include, but is not limited to, the patient's name and date of birth, the dates and vaccine types administered, and any immunization information obtained from other sources. A person or entity listed in section 71-539 which provides immunization information to a licensed child care program, a school, or a postsecondary educational institution may charge a reasonable fee to recover the cost of providing such immunization information.
Source
Laws 1998, LB 1063, § 13;
Laws 2000, LB 1115, § 25;
Laws 2005, LB 256, § 34;
Laws 2007, LB296, § 398;
Laws 2011, LB591, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-541.01 - Immunization information system; established; purpose; access to records authorized.

71-541.01.
Immunization information system; established; purpose; access to records authorized.
The Department of Health and Human Services shall establish an immunization information system for the purpose of providing a central database of immunization information which can be accessed pursuant to rules and regulations of the department by any person or entity listed in section 71-539, by a patient, and by a patient's parent or legal guardian if the patient is a minor or under guardianship. In order to facilitate operation of the immunization information system, the department shall provide the system with access to all records of the department, including, but not limited to, vital records.
Source
Laws 2011, LB591, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-542 - Immunization information system; immunization information; confidentiality; violation; penalty.

71-542.
Immunization information system; immunization information; confidentiality; violation; penalty.
Immunization information in the immunization information system established pursuant to section 71-541.01 is confidential, and unrestricted immunization information may only be accessed pursuant to rules and regulations of the Department of Health and Human Services. Unauthorized public disclosure of such confidential information is a Class III misdemeanor.
Source
Laws 1998, LB 1063, § 14;
Laws 2004, LB 1005, § 54;
Laws 2011, LB591, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-543 - Rules and regulations.

71-543.
Rules and regulations.
The Department of Health and Human Services may adopt and promulgate rules and regulations to implement sections 71-539 to 71-544, including procedures and methods for and limitations on access to and security and confidentiality of the immunization information.
Source
Laws 1998, LB 1063, § 15;
Laws 2007, LB296, § 399;
Laws 2011, LB591, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-544 - Immunity.

71-544.
Immunity.
Any person who receives or releases immunization information in the form and manner prescribed in sections 71-539 to 71-544 and any rules and regulations which may be adopted and promulgated pursuant to sections 71-539 to 71-544 is not civilly or criminally liable for such receipt or release.
Source
Laws 1998, LB 1063, § 16;
Laws 2011, LB591, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-552 - Syndromic surveillance program; development; department set standards for reporting by hospitals; additional powers of department; use, confidentiality, and immunity; failure to make report; grounds for discipline.

71-552.
Syndromic surveillance program; development; department set standards for reporting by hospitals; additional powers of department; use, confidentiality, and immunity; failure to make report; grounds for discipline.
(1) For purposes of protecting the public health and tracking the impact of disease prevention strategies intended to lower the cost of health care, the Department of Health and Human Services shall develop a syndromic surveillance program that respects patient privacy and benefits from advances in both electronic health records and electronic health information exchange. The syndromic surveillance program shall include the monitoring, detection, and investigation of public health threats from (a) intentional or accidental use or misuse of chemical, biological, radiological, or nuclear agents, (b) clusters or outbreaks of infectious or communicable diseases, and (c) noninfectious causes of illness.
(2) The department shall adopt and promulgate rules and regulations setting standards for syndromic surveillance reporting by hospitals. The standards shall specify (a) the syndromic surveillance data elements required to be reported for all encounters, which shall include at a minimum the date of the encounter and the patient's gender, date of birth, chief complaint or reason for encounter, home zip code, unique record identifier, and discharge diagnoses and (b) the manner of reporting.
(3) The department may require, by rule and regulation, syndromic surveillance reporting by other health care facilities or any person issued a credential by the department.
(4) The department shall establish, by rule and regulation, a schedule for the implementation of full electronic reporting of all syndromic surveillance data elements. The schedule shall take into consideration the number of data elements already reported by the facility or person, the capacity of the facility or person to electronically report the remaining elements, the funding available for implementation, and other relevant factors, including improved efficiencies and resulting benefits to the reporting facility or person.
(5) The use, confidentiality, and immunity provisions of section 71-503.01 apply to syndromic surveillance data reports.
(6) Failure to provide a report under this section or the rules and regulations is grounds for discipline of a credential issued by the department.
Source
Laws 2011, LB591, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-554 - Legislative findings.

71-554.
Legislative findings.
The Legislature finds that:
(1) Critical congenital heart disease is among the most common birth defects;
(2) Critical congenital heart disease is the leading cause of death for infants born with a birth defect;
(3) A major cause of infant mortality as a result of critical congenital heart disease is that a significant number of newborns affected are not diagnosed in the newborn nursery as having critical congenital heart disease; and
(4) An effective mechanism for critical congenital heart disease screening of newborns can reduce infant mortality.
Source
Laws 2013, LB225, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-555 - Terms, defined.

71-555.
Terms, defined.
For purposes of the Newborn Critical Congenital Heart Disease Screening Act:
(1) Birthing facility means a hospital or other health care facility in this state which provides birthing and newborn care services;
(2) Critical congenital heart disease screening means a testing procedure or procedures intended to detect hypoplastic left heart syndrome, pulmonary atresia, tetralogy of Fallot, total anomalous pulmonary venous return, transposition of the great arteries, tricuspid atresia, and truncus arteriosus;
(3) Department means the Department of Health and Human Services;
(4) Newborn means a child from birth through twenty-nine days old; and
(5) Parent means a natural parent, a stepparent, an adoptive parent, a legal guardian, or any other legal custodian of a child.
Source
Laws 2013, LB225, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-556 - Newborn; critical congenital heart disease screening; responsibilities.

71-556.
Newborn; critical congenital heart disease screening; responsibilities.
(1) All newborns in this state shall undergo critical congenital heart disease screening in accordance with standards determined in rules and regulations adopted and promulgated by the department.
(2) For deliveries in a birthing facility, the birthing facility shall develop and implement policies to cause the screening of the newborn and the reporting of the results to the newborn's health care provider in accordance with standards adopted pursuant to subsection (1) of this section.
(3) For deliveries that are planned outside of a birthing facility, the prenatal care provider shall inform the parent of the importance of critical congenital heart disease screening and the requirement for all newborns to be screened. The parent shall be responsible for causing the screening to be performed within the period and in the manner prescribed by the department.
(4) For a birth that does not take place in a birthing facility, whether or not there is a prenatal care provider, and the newborn is not admitted to a birthing facility, the person registering such birth shall be responsible for obtaining critical congenital heart disease screening for the newborn within the period and in the manner prescribed by the department.
Source
Laws 2013, LB225, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-557 - Department; duties; rules and regulations.

71-557.
Department; duties; rules and regulations.
The department shall:
(1) In consultation with a panel of persons having expertise in the field of critical congenital heart disease screening, develop approved methods of critical congenital heart disease screening;
(2) Apply for all available federal funding to carry out the Newborn Critical Congenital Heart Disease Screening Act; and
(3) Adopt and promulgate rules and regulations necessary to implement the act.
Source
Laws 2013, LB225, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-558 - Cytomegalovirus; informational materials; department; duties.

71-558.
Cytomegalovirus; informational materials; department; duties.
(1) The Department of Health and Human Services shall develop and publish informational materials for women who may become pregnant, expectant parents, and parents of infants regarding:
(a) The incidence of cytomegalovirus;
(b) The transmission of cytomegalovirus to pregnant women and women who may become pregnant;
(c) Birth defects caused by congenital cytomegalovirus;
(d) Methods of diagnosing congenital cytomegalovirus;
(e) Available preventative measures to avoid the infection of women who are pregnant or who may become pregnant; and
(f) Early interventions, treatment, and services available for children diagnosed with congenital cytomegalovirus.
(2) The department shall publish such informational materials on its website and make the materials available to child care facilities, school nurses, hospitals, birthing facilities as defined in section 71-4736, and health care providers offering care to pregnant women and infants.
Source
Laws 2022, LB741, § 34.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-559 - Health care provider; provide informational materials; when.

71-559.
Health care provider; provide informational materials; when.
A health care provider offering care to pregnant women may provide the informational materials published under section 71-558 to each pregnant woman during the first trimester of pregnancy or when a pregnant woman comes under the care of a provider after the first trimester of pregnancy.
Source
Laws 2022, LB741, § 35.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-560 - Birthing facility; newborn infant; hearing screening test; information provided.

71-560.
Birthing facility; newborn infant; hearing screening test; information provided.
(1) If a newborn infant fails a hearing screening test as provided in section 71-4742, the birthing facility performing such screening may provide to the parents of the newborn infant the following information:
(a) Potential birth defects caused by congenital cytomegalovirus;
(b) Testing opportunities for cytomegalovirus, including the opportunity to test for cytomegalovirus prior to the infant's discharge from the hospital or birthing facility; and
(c) Early intervention services.
(2) The informational material published under section 71-558, and such additional clarifying information as required by the parents, may be provided to the parents at the newborn infant's follow-up audiology appointment.
Source
Laws 2022, LB741, § 36.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-562 - Legislative findings and declarations.

71-562.
Legislative findings and declarations.
The Legislature hereby finds and declares that Alzheimer's and other dementia are of significant concern to the State of Nebraska, and that the Legislature and the state would benefit from a more coordinated approach to addressing Alzheimer's disease and other dementia.
Source
Laws 2022, LB752, § 31.