reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6723 - Administration of medication; methods authorized; conditions; additional methods; requirements.

71-6723.
Administration of medication; methods authorized; conditions; additional methods; requirements.
(1) A medication aide, a person licensed to operate a child care facility or a staff member of a child care facility, or a staff member of a school may provide routine medications by the following routes: (a) Oral; (b) inhalation; (c) topical; and (d) instillation into the eyes, ears, and nose.
(2) A medication aide, a person licensed to operate a child care facility or a staff member of a child care facility, or staff member of a school may provide medication by additional routes not listed in subsection (1) of this section, provide PRN medication, or participate in observing and reporting for monitoring medications only under the following conditions:
(a) A determination has been made by a competent individual, a caretaker, or a licensed health care professional and placed in writing that the medication aide, person licensed to operate a child care facility or staff member of a child care facility, or staff member of a school is competent to perform these activities; and
(b) It has been determined by a licensed health care professional and placed in writing that these activities can be done safely for a specified recipient.
Direction for additional routes not listed in subsection (1) of this section must be for recipient-specific procedures and must be in writing. Direction for PRN medication must be in writing and include the parameters for provision of the PRN medication. Direction for observing and reporting for monitoring medication must be in writing and include the parameters for the observation and reporting. A medication aide, a person licensed to operate a child care facility or a staff member of a child care facility, or a staff member of a school acting under this subsection shall comply with the written directions. Subdivision (b) of this subsection does not apply to nonprescription drugs when direction and monitoring is done by a competent individual for himself or herself or by a caretaker.
Source
Laws 1998, LB 1354, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6724 - Medication administration records.

71-6724.
Medication administration records.
A medication aide, a facility using a medication aide, a child care facility using the services of a person licensed to operate a child care facility or a staff member of a child care facility, or a school using the services of a staff member of the school shall keep and maintain accurate medication administration records. The medication administration records shall be available to the Department of Health and Human Services and the State Department of Education for inspection and copying. The medication administration records shall include information and data the departments require by rules and regulations adopted under the Medication Aide Act.
Source
Laws 1998, LB 1354, § 14;
Laws 2007, LB296, § 664.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6726 - Medication aide; registration; qualifications; report of conviction required; licensure as nurse; effect.

71-6726.
Medication aide; registration; qualifications; report of conviction required; licensure as nurse; effect.
(1) To register as a medication aide, an individual shall (a) have successfully completed the requirements in section 71-6725, (b) be at least eighteen years of age, (c) be of good moral character, (d) file an application with the department, and (e) pay the applicable fee.
(2) A registered nurse or licensed practical nurse whose license has been revoked, suspended, or voluntarily surrendered in lieu of discipline may not register as a medication aide.
(3) An applicant or medication aide shall report to the department, in writing, any conviction for a felony or misdemeanor. A conviction is not a disqualification for placement on the registry unless it relates to the standards identified in section 71-6725 or it reflects on the moral character of the applicant or medication aide.
(4) An applicant or medication aide may report any pardon or setting aside of a conviction to the department. If a pardon or setting aside has been obtained, the conviction for which it was obtained shall not be maintained on the Medication Aide Registry.
(5) If a person registered as a medication aide on the Medication Aide Registry becomes licensed as a registered nurse or licensed practical nurse, his or her registration as a medication aide becomes null and void as of the date of licensure.
Source
Laws 1998, LB 1354, § 16;
Laws 2007, LB185, § 44;
Laws 2007, LB463, § 1287.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6727 - Medication Aide Registry; contents.

71-6727.
Medication Aide Registry; contents.
(1) The department shall list each medication aide registration in the Medication Aide Registry as a Medication Aide-40-Hour, Medication Aide-20-Hour, or Medication Aide. A listing in the registry shall be valid for the term of the registration and upon renewal unless such listing is refused renewal or is removed as provided in section 71-6730.
(2) The registry shall contain the following information on each individual who meets the conditions in section 71-6726: (a) The individual's full name; (b) information necessary to identify individuals, including those qualified to provide medications in nursing homes, intermediate care facilities for persons with developmental disabilities, or assisted-living facilities; (c) any conviction of a felony or misdemeanor reported to the department; and (d) other information as the department may require by rule and regulation.
Source
Laws 1998, LB 1354, § 17;
Laws 2007, LB463, § 1288;
Laws 2013, LB23, § 41.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6728 - Registration; renewal; fee.

71-6728.
Registration; renewal; fee.
Registration as a medication aide shall be renewed biennially based upon competency. The department may prescribe by rule and regulation how a medication aide can show competency for purposes of renewal. Payment of the applicable fee shall be a condition of renewal. After September 1, 2007, any registration that is renewed shall expire two years after the date the registration would have expired if it had not been renewed. A medication aide who provides medication aide services prior to registration or after the date the registration expires shall be subject to the civil penalty prescribed in section 38-198.
Source
Laws 1998, LB 1354, § 18;
Laws 2007, LB283, § 2;
Laws 2007, LB463, § 1289.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6729 - Screening and review.

71-6729.
Screening and review.
The department may conduct periodic and random screening or review of entities conducting competency assessments or courses and of the activities of applicants and medication aides as may be necessary to ensure compliance with the Medication Aide Act and the rules and regulations.
Source
Laws 1998, LB 1354, § 19.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6730 - Failure to meet standards; violations; department; powers.

71-6730.
Failure to meet standards; violations; department; powers.
(1) The department may deny registration or refuse renewal of or remove a registration from the Medication Aide Registry for failure to meet the standards in section 71-6725 or for violation of the Medication Aide Act or the rules and regulations.
(2) If the department proposes to deny, refuse renewal of, or remove a registration, it shall send the applicant or registrant a notice setting forth the action to be taken and the reasons for the determination. The denial, refusal to renew, or removal shall become final thirty days after mailing the notice unless the applicant or registrant gives written notice to the department of his or her desire for an informal conference or for a formal hearing.
(3) Notice may be served by any method specified in section 25-505.01, or the department may permit substitute or constructive service as provided in section 25-517.02 when service cannot be made with reasonable diligence by any of the methods specified in section 25-505.01.
Source
Laws 1998, LB 1354, § 20.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6731 - Informal conference; procedure.

71-6731.
Informal conference; procedure.
If an informal conference is requested, the department shall assign a representative of the department to hold an informal conference with the applicant or registrant within fifteen working days after receipt of a request. Within seven working days after the conclusion of such conference, the representative shall affirm, modify, or dismiss the action. The representative shall state in writing the specific reasons for affirming, modifying, or dismissing the action and shall immediately transmit copies of the statement to the department and to the applicant or the registrant. If the representative affirms or modifies the action, it shall become final unless the applicant or registrant, within ten working days after receipt of the written notice, requests in writing a formal hearing to contest the action.
Source
Laws 1998, LB 1354, § 21.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6732 - Contested actions; procedure.

71-6732.
Contested actions; procedure.
Except as provided by section 71-6731, an applicant or registrant who desires to contest an action or to further contest an affirmed or modified action shall do so in the manner provided in the Administrative Procedure Act for contested cases. The chief medical officer as designated in section 81-3115 shall be the decisionmaker in a contested case under this section. The hearings on a petition for judicial review of any final decision regarding an action for an alleged violation shall be set for hearing at the earliest possible date. The times for pleadings and hearings in such action shall be set by the judge of the court with the object of securing a decision at the earliest possible time.
Source
Laws 1998, LB 1354, § 22;
Laws 2007, LB296, § 666.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6733 - Reapplication authorized; lifting of sanctions.

71-6733.
Reapplication authorized; lifting of sanctions.
A person whose registration has been denied, refused renewal, or removed from the Medication Aide Registry may reapply for registration or for lifting of the disciplinary sanction at any time after one year has elapsed since the date such registration was denied, refused renewal, or removed from the registry, in accordance with the rules and regulations.
Source
Laws 1998, LB 1354, § 23;
Laws 2007, LB185, § 45.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6734 - Fees.

71-6734.
Fees.
The department shall establish and collect fees for credentialing activities under the Medication Aide Act as provided in sections 38-151 to 38-157.
Source
Laws 1998, LB 1354, § 24;
Laws 2002, LB 1021, § 104;
Laws 2003, LB 242, § 147;
Laws 2007, LB463, § 1290.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6735 - Facility, school, or child care facility; subject to discipline.

71-6735.
Facility, school, or child care facility; subject to discipline.
A facility shall be subject to discipline under the Health Care Facility Licensure Act or other relevant statutes for violation of the Medication Aide Act or the rules and regulations. A school shall be subject to discipline under Chapter 79 for violation of the Medication Aide Act or the applicable rules and regulations. A child care facility shall be subject to discipline under the Child Care Licensing Act for violation of the Medication Aide Act or the rules and regulations.
Source
Laws 1998, LB 1354, § 25;
Laws 2000, LB 819, § 140;
Laws 2004, LB 1005, § 133.
Cross References
Child Care Licensing Act, see section 71-1908.
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6736 - Alleged incompetence; reports required; confidential; immunity.

71-6736.
Alleged incompetence; reports required; confidential; immunity.
(1) Any facility or person using the services of a medication aide shall report to the department, in the manner specified by the department by rule and regulation, any facts known to him, her, or it, including, but not limited to, the identity of the medication aide and the recipient, when it takes action adversely affecting a medication aide due to alleged incompetence. The report shall be made within thirty days after the date of the action or event.
(2) Any person may report to the department any facts known to him or her concerning any alleged incompetence of a medication aide.
(3) A report made to the department under this section shall be confidential. The facility, organization, association, or person making such report shall be immune from criminal or civil liability of any nature, whether direct or derivative, for filing a report or for disclosure of documents, records, or other information to the department under this section. The reports and information shall be subject to the investigatory and enforcement provisions of the regulatory provisions listed in the Medication Aide Act. This subsection does not require production of records protected by the Health Care Quality Improvement Act or section 25-12,123 or patient safety work product under the Patient Safety Improvement Act except as otherwise provided in either of such acts or such section.
Source
Laws 1998, LB 1354, § 26;
Laws 2005, LB 361, § 34;
Laws 2011, LB431, § 14.
Cross References
Health Care Quality Improvement Act, see section 71-7904.
Patient Safety Improvement Act, see section 71-8701.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6737 - Complaints, investigational records, reports, and investigational files; disclosure; restrictions.

71-6737.
Complaints, investigational records, reports, and investigational files; disclosure; restrictions.
Complaints, investigational records, reports, and investigational files of any kind of the department shall not be public record, shall not be subject to subpoena or discovery, and shall be inadmissible in evidence in any legal proceeding of any kind or character except an informal conference or formal hearing before the department. Such complaints, investigational records, reports, and investigational files shall be a public record if made part of the record of a formal hearing before the department. No person, including, but not limited to, department employees, having access to complaints, investigational records, reports, or investigational files, shall disclose such records or information except as required for investigation of the alleged violation or for purposes of a hearing before the department. Such information, files, and records may be disclosed to other law enforcement agencies by the department, and such disclosure shall not make the information, files, or records public records.
Source
Laws 1998, LB 1354, § 27.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6738 - Convictions; reports required.

71-6738.
Convictions; reports required.
On and after July 1, 1999, the clerk of any county court or district court in this state shall report to the department the conviction in such court of any medication aide of any felony or any misdemeanor. The Attorney General or the city prosecutor or county attorney prosecuting any such criminal action shall provide the court with information concerning the registration of the defendant. Notice to the department shall be filed within thirty days after the conviction in a manner agreed to by the department and the State Court Administrator.
Source
Laws 1998, LB 1354, § 28.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6739 - Prohibited act; exceptions.

71-6739.
Prohibited act; exceptions.
On and after July 1, 1999, no person, facility, or school shall use or employ any individual to provide medications to a recipient unless the individual is a medication aide registered under the Medication Aide Act or is otherwise authorized to administer or provide medication, except that a child care facility may use or employ an individual licensed to operate a child care facility or a staff member of a child care facility or a school may use or employ a staff member of a school determined to be competent under the act. On and after July 1, 1999, no individual shall provide medication to a recipient unless the individual is a medication aide registered under the act or is otherwise authorized to administer or provide medication. Nothing in the act shall be construed to require any school to employ or use a school nurse or medication aide in order to be in compliance with the act.
Source
Laws 1998, LB 1354, § 29.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6742 - Eligibility for Licensee Assistance Program.

71-6742.
Eligibility for Licensee Assistance Program.
Medication aides are eligible to participate in the Licensee Assistance Program as prescribed by section 38-175.
Source
Laws 1998, LB 1354, § 32;
Laws 2007, LB463, § 1291.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6743 - Rules and regulations.

71-6743.
Rules and regulations.
The Department of Health and Human Services may adopt and promulgate rules and regulations which shall ensure proper storage, handling, and disposal of medication in facilities and schools as defined in section 71-6721.
Source
Laws 1998, LB 1354, § 37;
Laws 2007, LB296, § 667.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6832 - Human genetic testing; requirements.

71-6832.
Human genetic testing; requirements.
All laboratories performing human genetic testing for clinical diagnosis and treatment purposes shall be accredited by the College of American Pathologists or by any other national accrediting body or public agency which has requirements that are substantially equivalent to or more comprehensive than those of the college.
Source
Laws 2001, LB 432, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6833 - Forensic DNA laboratories; requirements.

71-6833.
Forensic DNA laboratories; requirements.
Except as provided under section 81-2010, all forensic DNA laboratories performing work on behalf of the state or a political subdivision shall be accredited by the American Society of Crime Laboratory Directors-LAB-Laboratory Accreditation Board or the National Forensic Science Technology Center or by any other national accrediting body or public agency which has requirements that are substantially equivalent to or more comprehensive than those of the society or center.
Source
Laws 2001, LB 432, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6901 - Terms, defined.

71-6901.
Terms, defined.
For purposes of sections 71-6901 to 71-6911:
(1) Abortion means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to:
(a) Save the life or preserve the health of an unborn child;
(b) Remove a dead unborn child caused by a spontaneous abortion; or
(c) Remove an ectopic pregnancy;
(2) Coercion means restraining or dominating the choice of a pregnant woman by force, threat of force, or deprivation of food and shelter;
(3) Consent means a declaration acknowledged before a notary public and signed by a parent or legal guardian of the pregnant woman or an alternate person as described in section 71-6902.01 declaring that the principal has been informed that the pregnant woman intends to undergo a procedure pursuant to subdivision (1) of section 71-6901 and that the principal consents to the procedure;
(4) Department means the Department of Health and Human Services;
(5) Emancipated means a situation in which a person under eighteen years of age has been married or legally emancipated;
(6) Facsimile copy means a copy generated by a system that encodes a document or photograph into electrical signals, transmits those signals over telecommunications lines, and then reconstructs the signals to create an exact duplicate of the original document at the receiving end;
(7) Incompetent means any person who has been adjudged a disabled person and has had a guardian appointed under sections 30-2617 to 30-2629;
(8) Medical emergency means a condition that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;
(9) Physician means any person licensed to practice medicine in this state as provided in the Uniform Credentialing Act. Physician includes a person who practices osteopathy; and
(10) Pregnant woman means an unemancipated woman under eighteen years of age who is pregnant or a woman for whom a guardian has been appointed pursuant to sections 30-2617 to 30-2629 because of a finding of incapacity, disability, or incompetency who is pregnant.
Source
Laws 1991, LB 425, § 1;
Laws 2011, LB690, § 3.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6902 - Performance of abortion; notarized written consent required.

71-6902.
Performance of abortion; notarized written consent required.
Except in the case of a medical emergency or except as provided in sections 71-6902.01, 71-6903, and 71-6906, no person shall perform an abortion upon a pregnant woman unless, in the case of a woman who is less than eighteen years of age, he or she first obtains the notarized written consent of both the pregnant woman and one of her parents or a legal guardian or, in the case of a woman for whom a guardian has been appointed pursuant to sections 30-2617 to 30-2629, he or she first obtains the notarized written consent of her guardian. In deciding whether to grant such consent, a pregnant woman's parent or guardian shall consider only his or her child's or ward's best interest.
Source
Laws 1991, LB 425, § 2;
Laws 2011, LB690, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6902.01 - Victim of abuse, sexual abuse, or child abuse or neglect; attending physician; duties; liability.

71-6902.01.
Victim of abuse, sexual abuse, or child abuse or neglect; attending physician; duties; liability.
If the pregnant woman declares in a signed written statement that she is a victim of abuse as defined in section 28-351, sexual abuse as defined in section 28-367, or child abuse or neglect as defined in section 28-710 by either of her parents or her legal guardians, then the attending physician shall obtain the notarized written consent required by section 71-6902 from a grandparent specified by the pregnant woman. The physician who intends to perform the abortion shall certify in the pregnant woman's medical record that he or she has received the written declaration of abuse or neglect. Any physician relying in good faith on a written statement under this section shall not be civilly or criminally liable under sections 71-6901 to 71-6911 for failure to obtain consent. If such a declaration is made, the attending physician or his or her agent shall inform the pregnant woman of his or her duty to notify the proper authorities pursuant to sections 28-372 and 28-711.
Source
Laws 2011, LB690, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6902.02 - Coercion to obtain abortion; prohibited; denial of financial support; effect.

71-6902.02.
Coercion to obtain abortion; prohibited; denial of financial support; effect.
No parent, guardian, or any other person shall coerce a pregnant woman to obtain an abortion. If a pregnant woman is denied financial support by her parents, guardians, or custodians due to her refusal to obtain an abortion, the pregnant woman shall be deemed emancipated for purposes of eligibility for public assistance benefits, except that such benefits may not be used to obtain an abortion.
Source
Laws 2011, LB690, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6904 - Appeal; procedure; confidentiality.

71-6904.
Appeal; procedure; confidentiality.
(1) An appeal to the Supreme Court shall be available to any pregnant woman for whom a court denies an order authorizing an abortion without consent. An order authorizing an abortion without consent shall not be subject to appeal.
(2) An adverse ruling by the court may be appealed to the Supreme Court.
(3) A pregnant woman may file a notice of appeal of any final order to the Supreme Court. The State Court Administrator shall develop the form for notice of appeal and accompanying instructions on the procedure for an appeal. A sufficient number of forms for notice of appeal and instructions shall be made available in each courthouse in such place that members of the general public can obtain a form and instructions without requesting such form and instructions from the clerk of the court or other court personnel.
(4) The clerk of the court shall cause the court transcript and bill of exceptions to be filed with the Supreme Court within four business days, but in no event later than seven calendar days, from the date of the filing of the notice of appeal.
(5) In all appeals under this section the pregnant woman shall have the right of a confidential and expedited appeal and the right to counsel at the appellate level if not already represented. Such counsel shall be appointed by the court and shall receive a fee to be fixed by the court and to be paid out of the treasury of the county in which the proceeding was held. The pregnant woman shall not be required to appear.
(6) The Supreme Court shall hear the appeal de novo on the record and issue a written decision which shall be provided immediately to the pregnant woman, the pregnant woman's guardian ad litem, the pregnant woman's attorney, or any other person designated by the pregnant woman to receive the order.
(7) The Supreme Court shall rule within seven calendar days from the time of the docketing of the appeal in the Supreme Court.
(8) The Supreme Court shall adopt and promulgate rules to ensure that proceedings under this section are handled in a confidential and expeditious manner.
Source
Laws 1991, LB 425, § 4;
Laws 2011, LB690, § 8.
Annotations
A petition for waiver of parental consent-which seeks authorization from the court to have an abortion without the notarized written consent of a parent or guardian of the petitioner-is limited in scope. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).
In an appeal brought under the provisions of section 71-6901 et seq., this section provides that the Nebraska Supreme Court reappraises the evidence as presented by the record and reaches its own independent conclusions with respect to the matters at issue; however, it considers, and may give weight to, the fact that the judge below heard and observed the witnesses. In re Petition of Anonymous I, 251 Neb. 424, 558 N.W.2d 784 (1997).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6905 - Court proceedings; no fees or costs required.

71-6905.
Court proceedings; no fees or costs required.
No filing fees or costs shall be required of any pregnant woman at either the trial or appellate level for any proceedings pursuant to sections 71-6901 to 71-6911.
Source
Laws 1991, LB 425, § 5;
Laws 2011, LB690, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6906 - Performance of abortion; consent not required; when.

71-6906.
Performance of abortion; consent not required; when.
Consent shall not be required pursuant to sections 71-6901 to 71-6911 if any of the following conditions exist:
(1) The attending physician certifies in the pregnant woman's medical record that a medical emergency exists and there is insufficient time to obtain the required consent; or
(2) Consent is waived under section 71-6903.
Source
Laws 1991, LB 425, § 6;
Laws 2005, LB 116, § 23;
Laws 2011, LB690, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6907 - Violation by physician; penalty; civil action; immunity; prohibited acts; violation; penalty.

71-6907.
Violation by physician; penalty; civil action; immunity; prohibited acts; violation; penalty.
(1) Any physician or attending physician who knowingly and intentionally or with reckless disregard performs an abortion in violation of sections 71-6901 to 71-6906 and 71-6909 to 71-6911 shall be guilty of a Class III misdemeanor.
(2) Performance of an abortion in violation of such sections shall be grounds for a civil action by a person wrongfully denied the right and opportunity to consent.
(3) A person shall be immune from liability under such sections (a) if he or she establishes by written evidence that he or she relied upon evidence sufficient to convince a careful and prudent person that the representations of the pregnant woman regarding information necessary to comply with such sections are bona fide and true or (b) if the person has performed an abortion authorized by a court order issued pursuant to section 71-6903 or 71-6904.
(4) Any person not authorized to provide consent under sections 71-6901 to 71-6911 who provides consent is guilty of a Class III misdemeanor.
(5) Any person who coerces a pregnant woman to have an abortion is guilty of a Class III misdemeanor.
Source
Laws 1991, LB 425, § 7;
Laws 2011, LB690, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6908 - Family or foster family abuse, neglect, or sexual assault; legislative findings and declarations; prosecution encouraged.

71-6908.
Family or foster family abuse, neglect, or sexual assault; legislative findings and declarations; prosecution encouraged.
The Legislature recognizes and hereby declares that some teenage pregnancies are a direct or indirect result of family or foster family abuse, neglect, or sexual assault. The Legislature further recognizes that the actions of abuse, neglect, or sexual assault are crimes regardless of whether they are committed by strangers, acquaintances, or family members. The Legislature further recognizes the need for a parental consent bypass system as set out in section 71-6903 due to the number of unhealthy family environments in which some pregnant women reside. The Legislature encourages county attorneys to prosecute persons accused of committing acts of abuse, incest, neglect, or sexual assault pursuant to sections 28-319, 28-319.01, 28-320, 28-320.01, 28-703, and 28-707 even if the alleged crime is committed by a biological or adoptive parent, foster parent, or other biological, adoptive, or foster family member.
Source
Laws 1991, LB 425, § 8;
Laws 2006, LB 1199, § 56;
Laws 2011, LB690, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6909 - Physician; report; contents; form; compilation by department.

71-6909.
Physician; report; contents; form; compilation by department.
A monthly report indicating only the number of consents obtained under sections 71-6901 to 71-6911, the number of times in which exceptions were made to the consent requirement under such sections, the type of exception, the pregnant woman's age, and the number of prior pregnancies and prior abortions of the pregnant woman shall be filed by the physician with the department on forms prescribed by the department. The name of the pregnant woman shall not be used on the forms. A compilation of the data reported shall be made by the department on an annual basis and shall be available to the public.
Source
Laws 2011, LB690, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6910 - Sections; how construed; intent.

71-6910.
Sections; how construed; intent.
(1) Nothing in sections 71-6901 to 71-6911 shall be construed as creating or recognizing a right to abortion.
(2) It is not the intent of sections 71-6901 to 71-6911 to make lawful an abortion that is currently unlawful.
Source
Laws 2011, LB690, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6912 - Act, how cited.

71-6912.
Act, how cited.
Sections 71-6912 to 71-6917 shall be known and may be cited as the Preborn Child Protection Act.
Source
Laws 2023, LB574, § 1.
Operative Date: May 23, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6914 - Terms, defined.

71-6914.
Terms, defined.
For purposes of the Preborn Child Protection Act:
(1)(a) Abortion means the prescription or use of any instrument, device, medicine, drug, or substance to or upon a woman known to be pregnant with the specific intent of terminating the life of her preborn child.
(b) Abortion shall under no circumstances be interpreted to include:
(i) Removal of an ectopic pregnancy;
(ii) Removal of the remains of a preborn child who has already died;
(iii) An act done with the intention to save the life or preserve the health of the preborn child;
(iv) The accidental or unintentional termination of the life of a preborn child; or
(v) During the practice of in vitro fertilization or another assisted reproductive technology, the termination or loss of the life of a preborn child who is not being carried inside a woman's body;
(2) Gestational age means the age of a preborn child as calculated from the first day of the last menstrual period of the pregnant woman;
(3)(a) Medical emergency means any condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the termination of her pregnancy to avert her death or for which a delay in terminating her pregnancy will create a serious risk of substantial and irreversible physical impairment of a major bodily function.
(b) No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible physical impairment of a major bodily function;
(4) Preborn child means an individual living member of the species homo sapiens, throughout the embryonic and fetal stages of development to full gestation and childbirth;
(5) Pregnant means the condition of having a living preborn child inside one's body; and
(6) Reasonable medical judgment means a medical judgment that could be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
Source
Laws 2023, LB574, § 3.
Operative Date: May 23, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6915 - Abortion; physician; duties; unlawful acts; exceptions.

71-6915.
Abortion; physician; duties; unlawful acts; exceptions.
(1) Except as provided in subsection (3) of this section, a physician, before performing or inducing an abortion, shall first:
(a) Determine, using standard medical practice, the gestational age of the preborn child; and
(b) Record in the pregnant woman's medical record:
(i) The method used to determine the gestational age of the preborn child; and
(ii) The date, time, and results of such determination.
(2) Except as provided in subsection (3) of this section, it shall be unlawful for any physician to perform or induce an abortion:
(a) Before fulfilling the requirements of subsection (1) of this section; or
(b) If the probable gestational age of the preborn child has been determined to be twelve or more weeks.
(3) It shall not be a violation of subsection (1) or (2) of this section for a physician to perform or induce an abortion in the case of:
(a) Medical emergency;
(b) Pregnancy resulting from sexual assault as defined in section 28-319 or 28-319.01; or
(c) Pregnancy resulting from incest as defined in section 28-703.
Source
Laws 2023, LB574, § 4.
Operative Date: May 23, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6916 - Medical emergency; sexual assault or incest; written certification.

71-6916.
Medical emergency; sexual assault or incest; written certification.
(1) If a physician performs or induces an abortion because of a medical emergency pursuant to subdivision (3)(a) of section 71-6915, the physician shall certify in writing that a medical emergency existed and explain the medical emergency in the written certification. The physician shall keep the written certification in the woman's medical record.
(2) If a physician performs or induces an abortion in the case of sexual assault or incest pursuant to subdivision (3)(b) or (c) of section 71-6915, the physician shall certify in writing that the abortion was performed because of sexual assault or incest and that the physician complied with all applicable duties imposed by section 28-902. The physician shall keep the written certification in the woman's medical record.
Source
Laws 2023, LB574, § 5.
Operative Date: May 23, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6917 - Act; violation; exemption from liability.

71-6917.
Act; violation; exemption from liability.
No woman upon whom an abortion is attempted, induced, or performed shall be liable for a violation of the Preborn Child Protection Act.
Source
Laws 2023, LB574, § 6.
Operative Date: May 23, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7001 - Mammography; health care facilities; notice; powers and duties.

71-7001.
Mammography; health care facilities; notice; powers and duties.
(1) All health care facilities that perform mammography shall include in the summary of the mammography report to be provided to a patient information that identifies the patient's individual breast tissue classification based on the Breast Imaging Reporting and Data System established by the American College of Radiology. If a facility determines that a patient has heterogeneously dense or extremely dense breast tissue, the summary of the mammography report shall also include a notice substantially similar to the following:
Your mammogram indicates that you have dense breast tissue. Dense breast tissue is a normal finding that is present in about forty percent of women. Dense breast tissue can make it more difficult to detect cancer on a mammogram and may be associated with a slightly increased risk for breast cancer. This information is provided to raise your awareness of the impact of breast density on cancer detection and to encourage you to discuss this issue, as well as other breast cancer risk factors, with your health care provider as you decide together which screening options may be right for you.
(2) A facility that performs mammography may update the language in the notice to reflect advances in science and technology, as long as it continues to notify patients about the frequency of dense breast tissue and its effect on the accuracy of mammograms and encourage patients to discuss the issue with their health care provider.
(3) This section does not create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this section.
Source
Laws 2017, LB195, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7001.01 - Legislative findings.

71-7001.01.
Legislative findings.
The Legislature finds that private citizens and charitable organizations have donated and granted funds to the department to pay for definitive diagnostic procedures for women whose abnormal test results have been discovered through the department's program for early detection of breast and cervical cancer. The Legislature recognizes the generosity of its citizens and charitable organizations who donate their time and money to provide funds to their fellow citizens.
It is the intent of the Legislature to permit the department to obtain and expend such funds to pay for definitive diagnostic procedures for women enrolled in the program.
Source
Laws 1995, LB 68, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7003.01 - Department; funding; powers.

71-7003.01.
Department; funding; powers.
The department may apply for, receive, and administer funds received from private sources to pay for definitive diagnostic procedures for women enrolled in the breast and cervical cancer program authorized under sections 71-7001.01 to 71-7013 and funded through a grant from the United States Department of Health and Human Services.
This section does not create an entitlement for enrollees in the programs. Payments may be made to the extent funds are available in the order requests are received by the department.
The funds obtained for definitive diagnostic procedures shall be remitted to the State Treasurer for credit to the Breast and Cervical Cancer Cash Fund. Money credited to the fund for purposes of this section shall be used to reimburse the costs of definitive diagnostic procedures as provided in this section.
Source
Laws 1995, LB 68, § 6;
Laws 2008, LB797, § 23.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7010 - Breast and Cervical Cancer Cash Fund; created; use; investment.

71-7010.
Breast and Cervical Cancer Cash Fund; created; use; investment.
The Breast and Cervical Cancer Cash Fund is created. The fund shall consist of any money appropriated to it by the Legislature, any money received by the department for the program, including federal and other public and private funds, and funds credited under section 71-7003.01. Money in the fund may be used to reimburse expenses of members of the Breast and Cervical Cancer Advisory Committee, expenses of the program for early detection of breast and cervical cancer funded through a grant from the United States Department of Health and Human Services, and funds received under section 71-7003.01. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1991, LB 256, § 10;
Laws 1994, LB 1066, § 71;
Laws 1995, LB 68, § 9;
Laws 2008, LB797, § 24.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7012 - Breast and Cervical Cancer Advisory Committee; established; members; appointment; terms; duties; expenses.

71-7012.
Breast and Cervical Cancer Advisory Committee; established; members; appointment; terms; duties; expenses.
The Breast and Cervical Cancer Advisory Committee is established. The committee consists of the members of the Mammography Screening Committee serving immediately prior to September 9, 1995, and eight additional members appointed by the chief executive officer of the department or his or her designee who have expertise or a personal interest in cervical cancer. The committee shall consist of not more than twenty-four volunteer members, at least eight of whom are women, appointed by the chief executive officer or his or her designee. Members of the committee shall be persons interested in health care, the promotion of breast cancer screening, and cervical cancer and shall be drawn from both the private sector and the public sector. At least one member shall be a person who has or who has had breast cancer.
Of the initial members of the committee, four shall be appointed for terms of one year and four shall be appointed for terms of two years. Thereafter all appointments shall be for terms of two years. All members shall serve until their successors are appointed. No member shall serve more than two successive two-year terms. Vacancies in the membership of the committee for any cause shall be filled by appointment by the chief executive officer or his or her designee for the unexpired term.
Duties of the committee shall include, but not be limited to, encouraging payment of public and private funds to the Breast and Cervical Cancer Cash Fund, researching and recommending to the department reimbursement limits, planning and implementing outreach and educational programs to Nebraska women, advising the department on its operation of the early detection of breast and cervical cancer grant from the United States Department of Health and Human Services, and encouraging payment of public and private funds to the fund. Members of the committee shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
Source
Laws 1991, LB 256, § 12;
Laws 1995, LB 68, § 10;
Laws 1995, LB 406, § 84;
Laws 1996, LB 1044, § 772;
Laws 2007, LB296, § 668;
Laws 2008, LB797, § 25;
Laws 2020, LB381, § 72.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7013 - Immunity from liability; when.

71-7013.
Immunity from liability; when.
The State of Nebraska, the department and its employees, and members of the Breast and Cervical Cancer Advisory Committee shall not be liable for any damage or injury resulting from (1) a false negative result or a false positive result interpretation or any other act or omission of an interpreting physician with respect to any screening performed pursuant to sections 71-7001.01 to 71-7012 or (2) any act or omission of a screening supplier or person acting on behalf of such supplier with respect to the provisions of such sections.
Source
Laws 1991, LB 256, § 13;
Laws 1995, LB 68, § 11;
Laws 2008, LB797, § 26.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7101 - Act, how cited.

71-7101.
Act, how cited.
Sections 71-7101 to 71-7113 shall be known and may be cited as the Critical Incident Stress Management Act.
Source
Laws 1991, LB 703, § 1;
Laws 1993, LB 536, § 107;
Laws 1997, LB 184, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7102 - Terms, defined.

71-7102.
Terms, defined.
For purposes of the Critical Incident Stress Management Act:
(1) Committee means the Interagency Management Committee;
(2) Council means the Critical Incident Stress Management Council;
(3) Critical incident means a traumatic or crisis situation;
(4) Critical incident stress means a strong emotional, cognitive, or physical reaction which has the potential to interfere with normal functioning, including physical and emotional illness, loss of interest in the job, personality changes, marital discord, and loss of ability to function;
(5) Emergency service agency means any law enforcement agency, fire department, emergency medical service, dispatcher, rescue service, hospital as defined in section 71-419, or other entity which provides emergency response services;
(6) Emergency service personnel includes law enforcement personnel, firefighters, emergency medical services personnel, and hospital personnel; and
(7) Program means the Critical Incident Stress Management Program.
Source
Laws 1991, LB 703, § 2;
Laws 1997, LB 138, § 53;
Laws 1997, LB 184, § 2;
Laws 2000, LB 819, § 142.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7103 - Legislative findings.

71-7103.
Legislative findings.
The Legislature finds that emergency service personnel are potentially placed in a high-risk situation every time they are called upon to respond to an emergency since the extent of the emergency cannot be anticipated and the eventual outcome cannot be predicted. Since the services of emergency service personnel affect the public health, safety, and welfare, the Legislature declares that a critical incident stress management program designed to reduce critical incident stress experienced by such personnel would be in the public interest and would assist such personnel with the demands which occur in their work.
Source
Laws 1991, LB 703, § 3;
Laws 1997, LB 184, § 3.