reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-446 - License; temporary suspension or limitation; procedure; appeal.

71-446.
License; temporary suspension or limitation; procedure; appeal.
(1) If the director determines that persons receiving care or treatment at a health care facility or by a health care service are in imminent danger of death or serious physical harm, he or she may temporarily suspend or temporarily limit the license of such facility or service and may order the immediate removal of such persons and the temporary closure of the facility or service pending further action by the department. The department shall also simultaneously institute proceedings for revocation, suspension, or limitation of the license. A hearing shall be held no later than ten days after the date of such temporary suspension or temporary limitation.
(2) A continuance of the hearing shall be granted by the department upon written request from the licensee. Such continuance shall not exceed thirty days. A temporary suspension or temporary limitation order by the director shall take effect when served upon the facility or service. A copy of the notice shall also be mailed to the holder of the license if the holder of such license is not actually involved in the daily operation of the facility or service. If the holder of the license is a corporation, a copy of the notice shall be sent to the corporation's registered agent.
(3) A temporary suspension or temporary limitation under this section shall not exceed ninety days. If a decision is not reached within that period, the temporary suspension or temporary limitation shall expire.
(4) Any person aggrieved by a decision of the department after a hearing as provided in this section may appeal under the Administrative Procedure Act.
Source
Laws 2000, LB 819, § 46.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-447 - License; denied or refused renewal; grounds.

71-447.
License; denied or refused renewal; grounds.
The department may deny or refuse to renew a license under the Health Care Facility Licensure Act to any health care facility or health care service that fails to meet the requirements for licensure provided in the act or in rules and regulations adopted and promulgated under the act, including (1) failing an inspection pursuant to section 71-440, (2) failing to meet a compliance assessment standard adopted under section 71-442, (3) having had a license revoked within the two-year period preceding application, or (4) any of the grounds listed in section 71-448.
Source
Laws 2000, LB 819, § 47.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-448 - License; disciplinary action; grounds.

71-448.
License; disciplinary action; grounds.
The Division of Public Health of the Department of Health and Human Services may take disciplinary action against a license issued under the Health Care Facility Licensure Act on any of the following grounds:
(1) Violation of any of the provisions of the Assisted-Living Facility Act, the Health Care Facility Licensure Act, the Nebraska Nursing Home Act, or the rules and regulations adopted and promulgated under such acts;
(2) Committing or permitting, aiding, or abetting the commission of any unlawful act;
(3) Conduct or practices detrimental to the health or safety of a person residing in, served by, or employed at the health care facility or health care service;
(4) A report from an accreditation body or public agency sanctioning, modifying, terminating, or withdrawing the accreditation or certification of the health care facility or health care service;
(5) Failure to allow an agent or employee of the Department of Health and Human Services access to the health care facility or health care service for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the Department of Health and Human Services;
(6) Discrimination or retaliation against a person residing in, served by, or employed at the health care facility or health care service who has submitted a complaint or information to the Department of Health and Human Services;
(7) Discrimination or retaliation against a person residing in, served by, or employed at the health care facility or health care service who has presented a grievance or information to the office of the state long-term care ombudsman;
(8) Failure to allow a state long-term care ombudsman or an ombudsman advocate access to the health care facility or health care service for the purposes of investigation necessary to carry out the duties of the office of the state long-term care ombudsman as specified in the rules and regulations adopted and promulgated by the Department of Health and Human Services;
(9) Violation of the Emergency Box Drug Act or the Pharmacy Practice Act;
(10) Failure to file a report required by section 38-1,127 or 71-552;
(11) Violation of the Medication Aide Act;
(12) Failure to file a report of suspected abuse or neglect as required by sections 28-372 and 28-711;
(13) Violation of the Automated Medication Systems Act; or
(14) Violation of the Dialysis Patient Care Technician Registration Act.
Source
Laws 2000, LB 819, § 48;
Laws 2004, LB 1005, § 44;
Laws 2007, LB296, § 373;
Laws 2007, LB463, § 1181;
Laws 2008, LB308, § 12;
Laws 2011, LB591, § 4;
Laws 2015, LB37, § 73;
Laws 2017, LB255, § 11.
Cross References
Assisted-Living Facility Act, see section 71-5901.
Automated Medication Systems Act, see section 71-2444.
Dialysis Patient Care Technician Registration Act, see section 38-3701.
Emergency Box Drug Act, see section 71-2410.
Medication Aide Act, see section 71-6718.
Nebraska Nursing Home Act, see section 71-6037.
Pharmacy Practice Act, see section 38-2801.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-449 - License; disciplinary actions authorized.

71-449.
License; disciplinary actions authorized.
(1) The department may impose any one or a combination of the following types of disciplinary action against the license of a health care facility or health care service:
(a) A fine not to exceed ten thousand dollars per violation;
(b) A prohibition on admissions or readmissions, a limitation on enrollment, or a prohibition or limitation on the provision of care or treatment;
(c) A period of probation not to exceed two years during which the facility or service may continue to operate under terms and conditions fixed by the order of probation;
(d) A period of suspension not to exceed three years during which the facility or service may not operate; and
(e) Revocation which is a permanent termination of the license and the licensee may not apply for a license for a minimum of two years after the effective date of the revocation.
(2) Any fine imposed and unpaid under the Health Care Facility Licensure Act shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in any proper form of action in the name of the State of Nebraska in the district court of the county in which the facility or service is located. The department shall, within thirty days after receipt, remit fines to the State Treasurer for credit to the permanent school fund.
Source
Laws 2000, LB 819, § 49.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-450 - License; disciplinary actions; considerations.

71-450.
License; disciplinary actions; considerations.
(1) In determining what type of disciplinary action to impose, the department shall consider:
(a) The gravity of the violation, including the probability that death or serious physical or mental harm will result, the severity of the actual or potential harm, and the extent to which the provisions of applicable statutes, rules, and regulations were violated;
(b) The reasonableness of the diligence exercised by the health care facility or health care service in identifying or correcting the violation;
(c) Any previous violations committed by the facility or service; and
(d) The financial benefit to the facility or service of committing or continuing the violation.
(2) The department may adopt and promulgate rules and regulations which set forth specific violations which will result in a particular disciplinary action, including the use of scope and severity determinations.
(3) If the licensee fails to correct a violation or to comply with a particular type of disciplinary action, the department may take additional disciplinary action as described in section 71-449.
Source
Laws 2000, LB 819, § 50.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-451 - License; disciplinary actions; notice.

71-451.
License; disciplinary actions; notice.
(1) If the department determines to deny, refuse renewal of, or take disciplinary action against a license, the department shall send to the applicant or licensee, by certified mail to the last address shown on the records of the department, a notice setting forth the determination, the particular reasons for the determination, including a specific description of the nature of the violation and the statute, rule, or regulation violated, and the type of disciplinary action which is pending. The denial, refusal to renew, or disciplinary action shall become final fifteen days after the mailing of the notice unless the applicant or licensee, within such fifteen-day period, makes a written request for an informal conference or a hearing pursuant to section 71-452.
(2) A copy of the notice in subsection (1) of this section shall also be mailed to the holder of the license if the holder of such license is not actually involved in the daily operation of the facility or service. If the holder of the license is a corporation, a copy of the notice shall be sent to the corporation's registered agent.
Source
Laws 2000, LB 819, § 51.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-452 - License; disciplinary actions; rights of licensee.

71-452.
License; disciplinary actions; rights of licensee.
Within fifteen days after service of a notice under section 71-451, an applicant or a licensee shall notify the director in writing that the applicant or licensee (1) desires to contest the notice and request an informal conference with a representative of the department in person or by other means at the request of the applicant or licensee, (2) desires to contest the notice and request an informal conference with a representative peer review organization with which the department has contracted, (3) desires to contest the notice and request a hearing, or (4) does not contest the notice. If the director does not receive such notification within such fifteen-day period, the action of the department shall be final.
Source
Laws 2000, LB 819, § 52;
Laws 2007, LB203, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-453 - License; disciplinary actions; informal conference; procedure.

71-453.
License; disciplinary actions; informal conference; procedure.
(1) The director shall assign a representative of the department, other than the individual who did the inspection upon which the notice is based, or a representative peer review organization to hold an informal conference with the applicant or licensee within thirty days after receipt of a request made under subdivision (1) or (2) of section 71-452. Within twenty working days after the conclusion of the conference, the representative or representative peer review organization shall report in writing to the department its conclusion regarding whether to affirm, modify, or dismiss the notice and the specific reasons for the conclusion and shall provide a copy of the report to the director and the applicant or licensee.
(2) Within ten working days after receiving a report under subsection (1) of this section, the department shall consider such report and affirm, modify, or dismiss the notice and shall state the specific reasons for such decision, including, if applicable, the specific reasons for not adopting the conclusion of the representative or representative peer review organization as contained in such report. The department shall provide the applicant or licensee with a copy of such decision by certified mail to the last address shown in the records of the department. If the applicant or licensee desires to contest an affirmed or modified notice, the applicant or licensee shall notify the director in writing within five working days after receiving such decision that the applicant or licensee requests a hearing.
(3) If an applicant or a licensee successfully demonstrates during an informal conference or a hearing that the deficiencies should not have been cited in the notice, (a) the deficiencies shall be removed from the notice and the deficiency statement and (b) any sanction imposed solely as a result of those cited deficiencies shall be rescinded.
Source
Laws 2000, LB 819, § 53;
Laws 2007, LB203, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-454 - License; disciplinary actions; hearings; procedure.

71-454.
License; disciplinary actions; hearings; procedure.
(1) If the applicant or licensee requests a hearing under section 71-452, the department shall hold a hearing and give the applicant or licensee the right to present such evidence as may be proper. On the basis of such evidence, the director shall affirm, modify, or set aside the determination. A copy of such decision setting forth the findings of facts and the particular reasons upon which the decision is based shall be sent by either registered or certified mail to the applicant or licensee. The decision shall become final thirty days after the copy is mailed unless the applicant or licensee, within such thirty-day period, appeals the decision under section 71-455.
(2) The procedure governing hearings authorized by this section shall be in accordance with rules and regulations adopted and promulgated by the department. A full and complete record shall be kept of all proceedings. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule and regulation.
Source
Laws 2000, LB 819, § 54.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-455 - Appeals.

71-455.
Appeals.
Any party to a decision of the department under the Health Care Facility Licensure Act may appeal such decision. The appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 2000, LB 819, § 55.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-456 - License; reinstatement; when; procedure.

71-456.
License; reinstatement; when; procedure.
(1) A license issued under the Health Care Facility Licensure Act that has lapsed for nonpayment of fees is eligible for reinstatement at any time by applying to the department and paying the applicable fee as provided in section 71-434.
(2) A license that has been disciplined by being placed on suspension is eligible for reinstatement at the end of the period of suspension upon successful completion of an inspection and payment of the applicable renewal fee provided in section 71-434.
(3) A license that has been disciplined by being placed on probation is eligible for reinstatement at the end of the period of probation upon successful completion of an inspection if the department determines an inspection is warranted.
(4) A license that has been disciplined by being placed on probation or suspension may be reinstated prior to the completion of the term of such probation or suspension as provided in this subsection. Upon petition from a licensee and after consideration of materials submitted with such petition, the director may order an inspection or other investigation of the licensee. On the basis of material submitted by the licensee and the results of any inspection or investigation by the department, the director shall determine whether to grant full reinstatement of the license, to modify the probation or suspension, or to deny the petition for reinstatement. The director's decision shall become final thirty days after mailing the decision to the licensee unless the licensee requests a hearing within such thirty-day period. Any requested hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases. Any party to the decision shall have a right to judicial review under the Administrative Procedure Act.
(5) A license that has been disciplined by being revoked is not eligible for relicensure until two years after the date of such revocation. A reapplication for an initial license may be made at the end of such two-year period.
(6) The department may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2000, LB 819, § 56;
Laws 2002, LB 1062, § 45.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-457 - Rules and regulations.

71-457.
Rules and regulations.
(1) To protect the health, safety, and welfare of the public and to insure to the greatest extent possible the efficient, adequate, and safe practice of health care in any health care facility or health care service licensed under the Health Care Facility Licensure Act, the department shall adopt, promulgate, and enforce rules, regulations, and standards with respect to the different types of health care facilities and health care services, except nursing facilities and skilled nursing facilities, designed to further the accomplishment of the purposes of the act. Such rules, regulations, and standards shall be modified, amended, or rescinded from time to time in the public interest by the department.
(2) The department shall adopt, promulgate, and enforce rules, regulations, and standards with respect to nursing facilities and skilled nursing facilities. Such rules, regulations, and standards shall be in compliance with the Nebraska Nursing Home Act. Such rules, regulations, and standards shall be modified, amended, or rescinded from time to time in the public interest by the department.
Source
Laws 2000, LB 819, § 57;
Laws 2017, LB644, § 19.
Cross References
Nebraska Nursing Home Act, see section 71-6037.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-458 - Violations; penalty.

71-458.
Violations; penalty.
Any person who establishes, operates, or maintains a health care facility or health care service subject to the Health Care Facility Licensure Act without first obtaining a license as required under the act or who violates any of the provisions of the act shall be guilty of a Class I misdemeanor. Each day such facility or service operates after a first conviction shall be considered a subsequent offense.
Source
Laws 2000, LB 819, § 58.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-459 - Injunction.

71-459.
Injunction.
The department may maintain an action in the name of the state for an injunction against any person for establishing, operating, or maintaining a health care facility or health care service subject to the Health Care Facility Licensure Act without first obtaining a license as required by the act. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, operate, or maintain a health care facility or health care service without obtaining a license to do so, without alleging any further or more particular facts concerning the same.
Source
Laws 2000, LB 819, § 59.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-464 - Itemized billing statement; duty to provide.

71-464.
Itemized billing statement; duty to provide.
A health care facility or a health care practitioner facility, upon written request of a patient or a patient's representative, shall provide an itemized billing statement, including diagnostic codes, without charge to the patient or patient's representative. Such itemized billing statement shall be provided within fourteen days after the request.
Source
Laws 2009, LB288, § 32.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-466 - Religious residential facility; exemption from licensure and regulation.

71-466.
Religious residential facility; exemption from licensure and regulation.
Any facility which is used as a residence by members of an organization, association, order, or society organized and operated for religious purposes, which is not operated for financial gain or profit for the organization, association, order, or society, and which serves as a residence only for such members who in the exercise of their duties in the organization, association, order, or society are required to participate in congregant living within such a facility is exempt from the provisions of the Health Care Facility Licensure Act relating to licensure or regulation of assisted-living facilities, intermediate care facilities, and nursing facilities.
Source
Laws 2011, LB34, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-467 - General acute hospital; employees; influenza vaccinations; tetanus-diphtheria-pertussis vaccine; duties; record.

71-467.
General acute hospital; employees; influenza vaccinations; tetanus-diphtheria-pertussis vaccine; duties; record.
(1) Each general acute hospital shall take all of the following actions in accordance with the guidelines of the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services as the guidelines existed on January 1, 2013:
(a) Annually offer onsite influenza vaccinations to all hospital employees;
(b) Offer to all hospital employees a single dose of tetanus-diphtheria-pertussis vaccine if they have not previously received such vaccine and regardless of the time since their most recent vaccination with such vaccine; and
(c) Require all hospital employees to be vaccinated against influenza, tetanus, diphtheria, and pertussis, except that an employee may elect not to be vaccinated.
(2) The hospital shall keep a record of which hospital employees receive the annual vaccination against influenza and a single dose of tetanus-diphtheria-pertussis vaccine and which hospital employees do not receive such vaccinations.
(3) This section shall not apply in individual cases when contraindicated or if a national shortage of the vaccine exists.
Source
Laws 2011, LB542, § 2;
Laws 2013, LB458, § 1;
Laws 2014, LB859, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-468 - Onsite vaccinations for influenza and pneumococcal disease.

71-468.
Onsite vaccinations for influenza and pneumococcal disease.
In order to prevent, detect, and control pneumonia and influenza outbreaks in Nebraska:
(1) Each general acute hospital and intermediate care facility shall annually, beginning no later than October 1 and ending on the following April 1, offer onsite vaccinations for influenza and pneumococcal disease to all residents and to all inpatients prior to discharge, pursuant to procedures of the facility and in accordance with the recommendations of the advisory committee on immunization practices of the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services as the recommendations existed on January 1, 2017; and
(2) Each nursing facility and skilled nursing facility shall annually, beginning no later than October 1 and ending on the following April 1, offer onsite vaccinations for (a) influenza and pneumococcal disease to all residents and (b) influenza to all employees, pursuant to procedures of the facility and in accordance with the recommendations of the advisory committee on immunization practices of the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services as the recommendations existed on January 1, 2017. This section shall not apply in individual cases when contraindicated or if a national shortage of the vaccine exists. Nothing in this section shall be construed to require any facility listed in this section to cover the cost of a vaccination provided pursuant to this section.
Source
Laws 2012, LB1077, § 2;
Laws 2014, LB859, § 2;
Laws 2017, LB267, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-469 - Onsite vaccinations for diphtheria, tetanus, and pertussis.

71-469.
Onsite vaccinations for diphtheria, tetanus, and pertussis.
In order to prevent, detect, and control diphtheria, tetanus, and pertussis in Nebraska, each general acute hospital, intermediate care facility, nursing facility, and skilled nursing facility shall offer onsite vaccinations for diphtheria, tetanus, and pertussis to all residents and to all inpatients prior to discharge, pursuant to procedures of the facility and in accordance with the recommendations of the advisory committee on immunization practices of the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services as the recommendations existed on January 1, 2013. This section shall not apply in individual cases when contraindicated or if a national shortage of the vaccine exists. Nothing in this section shall be construed to require any facility listed in this section to bear the cost of a vaccination provided pursuant to this section.
Source
Laws 2013, LB459, § 2;
Laws 2014, LB859, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-470 - Hospital pharmacy; license, when required; designate pharmacist in charge; duties; inspection.

71-470.
Hospital pharmacy; license, when required; designate pharmacist in charge; duties; inspection.
(1) A hospital in which drugs or devices are compounded, dispensed, or administered pursuant to chart orders is not required to obtain a separate license for the hospital pharmacy, except that if the compounding or dispensing of drugs or devices is done in the pharmacy at the hospital for persons not registered as patients within the confines of the hospital, the hospital shall obtain a pharmacy license. Compounding in a hospital pharmacy may occur for any hospital which is part of the same health care system under common ownership or which is a member of or an affiliated member of a formal network or partnership agreement.
(2) Beginning January 1, 2016, each hospital shall designate a pharmacist licensed in this state as being the pharmacist in charge and responsible for the practice of pharmacy and medication use procedure in such hospital, including section 38-2867.02. The Board of Pharmacy or its designated representatives may examine and inspect the practice of pharmacy in any hospital licensed by the department.
(3) The pharmacist in charge of a hospital pharmacy shall establish and implement policies and procedures for the practice of pharmacy and medication use in the hospital.
Source
Laws 2015, LB37, § 71.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-471 - Memory care endorsement; application; qualifications.

71-471.
Memory care endorsement; application; qualifications.
(1) An assisted-living facility may apply to the department for a memory care endorsement on a form prescribed by the department. Only an assisted-living facility which qualifies for the endorsement may advertise itself as an endorsed memory care facility and may qualify for reimbursement rates established pursuant to section 71-473.
(2) In order to qualify for the memory care endorsement, an assisted-living facility shall provide proof of meeting the qualifications established by the department pursuant to section 71-472.
Source
Laws 2016, LB698, § 20.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-472 - Memory care endorsement; qualifications; rules and regulations; fee.

71-472.
Memory care endorsement; qualifications; rules and regulations; fee.
(1) The department shall adopt and promulgate rules and regulations establishing qualifications for a memory care endorsement. The qualifications shall be specific to those necessary for residents with cognitive impairment or dementia and shall include, but not be limited to, staffing enhancements, staff training, dedicated memory care programming, cultural competencies, facility requirements, and security issues.
(2) The department shall award a memory care endorsement to an assisted-living facility licensed under the Health Care Facility Licensure Act upon application which provides proof of meeting the qualifications and payment of the required fee.
(3) The department shall set the fee at an amount to cover the costs of administering the endorsement.
Source
Laws 2016, LB698, § 21.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-473 - Department; duties.

71-473.
Department; duties.
The department shall examine the rates paid for care for persons with cognitive impairment or dementia, including state spending for such care and reimbursement rates paid for such care under the medical assistance program pursuant to the Medical Assistance Act. The department shall make findings regarding cost-savings for providing care for persons with cognitive impairments or dementia in assisted-living facilities with a memory care endorsement. The department shall make recommendations regarding a higher or supplemental reimbursement rate for assisted-living facilities which have a memory care endorsement and provide care for persons with cognitive impairments or dementia at a savings to the state or medical assistance program.
Source
Laws 2016, LB698, § 22.
Cross References
Medical Assistance Act, see section 68-901.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-474 - Comprehensive stroke center, designated thrombectomy-capable stroke center, primary stroke center, or acute stroke-ready hospital; restriction on advertisement.

71-474.
Comprehensive stroke center, designated thrombectomy-capable stroke center, primary stroke center, or acute stroke-ready hospital; restriction on advertisement.
A person may not advertise to the public, by way of any medium, that a hospital is a comprehensive stroke center, a designated thrombectomy-capable stroke center, a primary stroke center, or an acute stroke-ready hospital unless the hospital is listed as such by the Department of Health and Human Services under the Stroke System of Care Act.
Source
Laws 2016, LB722, § 13;
Laws 2018, LB1034, § 57.
Cross References
Stroke System of Care Act, see section 71-4201.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-476 - Drugs and devices; labeling requirements.

71-476.
Drugs and devices; labeling requirements.
(1) In an assisted-living facility, a nursing facility, or a skilled nursing facility, all drugs and devices shall be labeled in accordance with currently accepted professional standards of care, including the appropriate accessory and cautionary instructions and the expiration date when applicable.
(2) If the dosage or directions for a specific drug or device to be used in an assisted-living facility, a nursing facility, or a skilled nursing facility are changed by a health care practitioner authorized to prescribe controlled substances and credentialed under the Uniform Credentialing Act, a pharmacist shall apply a new label as soon as practicable with the correct dosage or directions to the drug or device package or reissue the drug or device with the correct label. To protect the safety of the resident of such a facility receiving the drug or device until the drug or device can be correctly labeled, the drug or device package shall be temporarily flagged with a sticker indicating dose change, drug change, or MAR, to alert nursing staff or an unlicensed person responsible for providing the drug or device to a resident that the dosage or directions have changed and the drug or device is to be provided according to the corrected information contained in the resident's MAR, if one exists.
Source
Laws 2020, LB1052, § 8.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-477 - Rural emergency hospital; license; eligibility; application; operation; requirements; original license; inactive.

71-477.
Rural emergency hospital; license; eligibility; application; operation; requirements; original license; inactive.
(1) A facility shall be eligible to apply for a license as a rural emergency hospital if such facility is:
(a) Licensed as a critical access hospital;
(b) Licensed as a general hospital with not more than fifty licensed beds located in a county in a rural area as defined in section 1886(d)(2)(D) of the federal Social Security Act; or
(c) Licensed as a general hospital with not more than fifty licensed beds that is deemed as being located in a rural area pursuant to section 1886(d)(8)(E) of the federal Social Security Act.
(2) A facility applying for licensure as a rural emergency hospital shall include with the application:
(a) An action plan for initiating rural emergency hospital services, including a detailed transition plan that lists the specific services that the facility will retain, modify, add, and discontinue;
(b) A description of services that the facility intends to provide on an outpatient basis; and
(c) Such other information as required by rules and regulations adopted and promulgated by the department.
(3) A rural emergency hospital shall not have inpatient beds, except that such hospital may have a unit that is a distinct part of such hospital and that is licensed as a skilled nursing facility to provide post-hospital extended care services.
(4) A rural emergency hospital may own and operate an entity that provides ambulance services.
(5) A licensed general hospital or critical access hospital that applies for and receives licensure as a rural emergency hospital and elects to operate as a rural emergency hospital shall retain its original license as a general hospital or critical access hospital. Such original license shall remain inactive while the rural emergency hospital license is in effect.
Source
Laws 2022, LB697, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-479 - Rural emergency hospital; rules and regulations.

71-479.
Rural emergency hospital; rules and regulations.
The department shall adopt and promulgate rules and regulations establishing minimum standards for the establishment and operation of rural emergency hospitals in accordance with the Health Care Facility Licensure Act, including licensure of rural emergency hospitals.
Source
Laws 2022, LB697, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-501 - Contagious diseases; local public health department; county board of health; powers and duties.

71-501.
Contagious diseases; local public health department; county board of health; powers and duties.
(1) The local public health department as defined in section 71-1626 or the county board of a county that has not established or joined in the establishment of a local public health department shall make and enforce regulations to prevent the introduction and spread of contagious, infectious, and malignant diseases in the county or counties under its jurisdiction.
(2) The county board of a county that has not established or joined in the establishment of a local public health department shall establish a county board of health consisting of three members: The sheriff, who shall be chairperson and quarantine officer; a physician who resides permanently in the county, but if the county has no resident physician, then one conveniently situated, who shall be medical adviser, and who shall be chosen by the county board; and the county clerk, who shall be secretary. The county board may pay the chairperson of the county board of health a salary for such services not to exceed fifty dollars per month, as fixed by the county board.
(3) The local public health department or the county board of health shall make rules and regulations to safeguard the health of the people and prevent nuisances and insanitary conditions and shall enforce and provide penalties for the violation of such rules and regulations for the county or counties under its jurisdiction except for incorporated cities and villages. If the local public health department or the county board of health fails to enact such rules and regulations, it shall enforce the rules and regulations adopted and promulgated by the Department of Health and Human Services.
Source
Laws 1901, c. 49, § 1, p. 403;
Laws 1903, c. 62, § 1, p. 358;
Laws 1911, c. 79, § 1, p. 328;
Laws 1919, c. 55, § 1, p. 159;
Laws 1919, c. 190, tit. VI, art. II, div. VIII, § 1, p. 779;
Laws 1921, c. 71, § 1, p. 270;
C.S.1922, § 8222;
C.S.1929, § 71-2301;
R.S.1943, § 71-501;
Laws 1951, c. 228, § 1, p. 829;
Laws 1971, LB 43, § 1;
Laws 1996, LB 1044, § 486;
Laws 1997, LB 197, § 2;
Laws 1999, LB 272, § 23;
Laws 2004, LB 1005, § 53;
Laws 2007, LB296, § 374.
Annotations
A county board of health may be compelled by mandamus to abate a nuisance endangering health where the existence of the nuisance is not in dispute. State ex rel. Glatfelter v. Clark, 106 Neb. 59, 182 N.W. 569 (1921).
Employment of a physician to aid in bringing an epidemic under control is within the express authority given the county board to provide regulations to prevent the spread of contagious diseases. Bartlett v. Dahlsten, 104 Neb. 738, 178 N.W. 636 (1920).
A county is not liable for necessaries furnished to persons, not paupers, while quarantined for the public safety where such liability is not expressly imposed by statute. Dodge County v. Diers, 69 Neb. 361, 95 N.W. 602 (1903).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-501.01 - Acquired immunodeficiency syndrome; legislative findings.

71-501.01.
Acquired immunodeficiency syndrome; legislative findings.
The Legislature recognizes that acquired immunodeficiency syndrome, AIDS, is an incurable life-threatening illness which is epidemic in the United States. Persons who suffer from acquired immunodeficiency syndrome and its related diseases and conditions must receive appropriate and humane care. All members of the general public must have accurate and complete information concerning the characteristics of the disease and the avoidance of infection. The public must be motivated to protect themselves and others against the spread of the disease. The successful containment of the epidemic calls for strong commitment and support from all segments of our society. It is the intent of the Legislature to authorize a program of services to protect the public health.
Source
Laws 1988, LB 1012, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-501.02 - Acquired immunodeficiency syndrome program; department; powers.

71-501.02.
Acquired immunodeficiency syndrome program; department; powers.
The Department of Health and Human Services may establish and administer a statewide acquired immunodeficiency syndrome program for the purpose of providing education, prevention, detection, and counseling services to protect the public health. In order to implement the program, the department may:
(1) Apply for, receive, and administer federal and other public and private funds and contract for services, equipment, and property as necessary to use such funds for the purposes specified in section 71-501.01 and this section;
(2) Provide education and training regarding acquired immunodeficiency syndrome and its related diseases and conditions to the general public and to health care providers. The department may charge fees based on administrative costs for such services. Any fees collected shall be deposited in the state treasury and shall be credited to the Health and Human Services Cash Fund;
(3) Provide resource referrals for medical care and social services to persons affected by acquired immunodeficiency syndrome and its related diseases and conditions;
(4) Contract or provide for voluntary, anonymous, or confidential screening, testing, and counseling services. All sites providing such services pursuant to a contract with the department shall provide services on an anonymous basis if so requested by the individual seeking such services. The department may charge and permit its contractors to charge an administrative fee or may request donations to defer the cost of the services but shall not deny the services for failure to pay any administrative fee or for failure to make a donation;
(5) Cooperate with the Centers for Disease Control and Prevention of the Public Health Service of the United States Department of Health and Human Services or its successor for the purposes of research into and investigation of acquired immunodeficiency syndrome and its related diseases and conditions; and
(6) To the extent funds are available, offer services that are culturally and language specific upon request to persons identified as having tested positive for the human immunodeficiency virus infection. Such services shall include, but not be limited to, posttest counseling, partner notification, and such early intervention services as case management, behavior modification and support services, laboratory quantification of lymphocyte subsets, immunizations, Mantoux testing for tuberculosis, prophylactic treatment, and referral for other medical and social services.
Source
Laws 1988, LB 1012, § 2;
Laws 1994, LB 819, § 1;
Laws 1996, LB 1044, § 487;
Laws 2005, LB 301, § 12;
Laws 2007, LB296, § 375.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-502 - Communicable diseases; rules and regulations; control; powers of Department of Health and Human Services.

71-502.
Communicable diseases; rules and regulations; control; powers of Department of Health and Human Services.
The Department of Health and Human Services shall have supervision and control of all matters relating to necessary communicable disease control and shall adopt and promulgate such proper and reasonable general rules and regulations as will best serve to promote communicable disease control throughout the state and prevent the introduction or spread of disease. In addition to such general and standing rules and regulations, (1) in cases of emergency in which the health of the people of the entire state or any locality in the state is menaced by or exposed to any contagious, infectious, or epidemic disease, illness, or poisoning, (2) when a local board of health having jurisdiction of a particular locality fails or refuses to act with sufficient promptitude and efficiency in any such emergency, or (3) in localities in which no local board of health has been established, as provided by law, the department shall adopt, promulgate, and enforce special communicable disease control rules and regulations such as the occasion and proper protection of the public health may require. All necessary expenses incurred in the enforcement of such rules and regulations shall be paid by the city, village, or county for and within which the same have been incurred. All officers and other persons shall obey and enforce such communicable disease control rules and regulations as may be adopted and promulgated by the department.
Source
Laws 1919, c. 190, tit. VI, art. II, div. VIII, § 2, p. 779;
C.S.1922, § 8223;
C.S.1929, § 71-2302;
R.S.1943, § 71-502;
Laws 1977, LB 39, § 149;
Laws 1986, LB 763, § 1;
Laws 1988, LB 1012, § 3;
Laws 1996, LB 1044, § 488;
Laws 2007, LB296, § 376.
Annotations
Sanitation and quarantine are placed under the former Department of Health. Petersen Baking Co. v. Bryan, 124 Neb. 464, 247 N.W. 39 (1933).
A physician, acting under orders of the state board of health to quarantine a disease in a county, may recover from the county actual expenses incurred and the value of services rendered. Shidler v. York County, 95 Neb. 652, 146 N.W. 949 (1914).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-502.01 - Sexually transmitted diseases; enumerated.

71-502.01.
Sexually transmitted diseases; enumerated.
Sexually transmitted diseases are declared to be contagious, infectious, communicable, and dangerous to the public health. Sexually transmitted diseases shall include, but not be limited to, syphilis, gonorrhea, chancroid, and such other sexually transmitted diseases as the Department of Health and Human Services may from time to time specify.
Source
Laws 1919, c. 190, tit. VI, art. II, div. XVII, § 1, p. 802;
C.S.1922, § 8298;
C.S.1929, § 71-2901;
R.S.1943, § 71-1101;
R.S.1943, (1986), § 71-1101;
Laws 1988, LB 1012, § 4;
Laws 1996, LB 1044, § 489;
Laws 2007, LB296, § 377.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-502.02 - Sexually transmitted diseases; rules and regulations.

71-502.02.
Sexually transmitted diseases; rules and regulations.
The Department of Health and Human Services shall adopt and promulgate such rules and regulations as shall, in its judgment, be necessary to control and suppress sexually transmitted diseases.
Source
Laws 1919, c. 190, tit. VI, art. II, div. XVII, § 2, p. 802;
C.S.1922, § 8299;
C.S.1929, § 71-2902;
R.S.1943, § 71-1102;
R.S.1943, (1986), § 71-1102;
Laws 1988, LB 1012, § 5;
Laws 1996, LB 1044, § 490;
Laws 2007, LB296, § 378.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-502.04 - Laboratory; test results; notification required.

71-502.04.
Laboratory; test results; notification required.
Any person who is in charge of a clinical laboratory in which a laboratory examination of any specimen derived from the human body yields microscopical, cultural, immunological, serological, or other evidence of disease, illness, or poisoning as the Department of Health and Human Services may from time to time specify shall promptly notify the official local health department or the Department of Health and Human Services of such findings.
Each notification shall give the date and result of the test performed, the name and, when available, the age of the person from whom the specimen was obtained, and the name and address of the physician for whom such examination or test was performed. A legible copy of the laboratory report shall be deemed satisfactory notification.
Source
Laws 1967, c. 447, § 2, p. 1391;
R.S.1943, (1986), § 71-1117;
Laws 1988, LB 1012, § 7;
Laws 1992, LB 1019, § 46;
Laws 1994, LB 819, § 2;
Laws 1996, LB 1044, § 492;
Laws 1997, LB 197, § 3;
Laws 2007, LB296, § 380.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-503 - Contagious, infectious, or other disease or illness; poisoning; duty of attending physician; violation; penalty.

71-503.
Contagious, infectious, or other disease or illness; poisoning; duty of attending physician; violation; penalty.
All attending physicians shall report to the official local health department or the Department of Health and Human Services promptly, upon the discovery thereof, the existence of any contagious or infectious diseases and such other disease, illness, or poisoning as the Department of Health and Human Services may from time to time specify. Any attending physician, knowing of the existence of any such disease, illness, or poisoning, who fails promptly to report the same in accordance with this section, shall be deemed guilty of a Class V misdemeanor for each offense.
Source
Laws 1919, c. 190, tit. VI, art. II, div. VIII, § 3, p. 780;
C.S.1922, § 8224;
C.S.1929, § 71-2303;
R.S.1943, § 71-503;
Laws 1967, c. 441, § 1, p. 1381;
Laws 1977, LB 39, § 150;
Laws 1986, LB 763, § 2;
Laws 1996, LB 1044, § 493;
Laws 2007, LB296, § 381.