reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1210 - Subject; custody pending entry of treatment order.

71-1210.
Subject; custody pending entry of treatment order.
(1) At the conclusion of a mental health board hearing under section 71-1208 and prior to the entry of a treatment order by the board under section 71-1209, the board may (a) order that the subject be retained in custody until the entry of such order and the subject may be admitted for treatment pursuant to such order or (b) order the subject released from custody under such conditions as the board deems necessary and appropriate to prevent the harm described in subdivision (1) of section 83-174.01 and to assure the subject's appearance at a later disposition hearing by the board. A subject shall be retained in custody under this section at an appropriate and available medical facility, jail, or Department of Correctional Services facility. A dangerous sex offender shall not be admitted to a medical facility for emergency protective custody unless a medical or psychiatric emergency exists requiring treatment not available at a jail or correctional facility. Each county shall make arrangements with appropriate facilities inside or outside the county for such purpose and shall pay the cost of the emergency protective custody of persons from such county in such facilities.
(2) A subject who has been ordered to receive inpatient or outpatient treatment by a mental health board may be provided treatment while being retained in emergency protective custody and pending admission of the subject for treatment pursuant to such order.
Source
Laws 2006, LB 1199, § 66.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1211 - Dangerous sex offender; board; issue warrant; contents; immunity.

71-1211.
Dangerous sex offender; board; issue warrant; contents; immunity.
If the mental health board finds the subject to be a dangerous sex offender and commits the subject to the custody of the Department of Health and Human Services to receive inpatient treatment, the department shall secure placement of the subject in an appropriate inpatient treatment facility to receive such treatment. The board shall issue a warrant authorizing the administrator of such treatment facility to receive and keep the subject as a patient. The warrant shall state the findings of the board and the legal settlement of the subject, if known, or any available information relating thereto. Such warrant shall shield every official and employee of the treatment facility against all liability to prosecution of any kind on account of the reception and detention of the subject if the detention is otherwise in accordance with the Sex Offender Commitment Act, rules and regulations adopted and promulgated under the act, and policies of the treatment facility.
Source
Laws 2006, LB 1199, § 67.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1212 - Inpatient treatment; subject taken to facility; procedure.

71-1212.
Inpatient treatment; subject taken to facility; procedure.
When an order of a mental health board requires inpatient treatment of a subject within a treatment facility, the warrant filed under section 71-1211, together with the findings of the mental health board, shall be delivered to the sheriff of the county who shall execute such warrant by conveying and delivering the warrant, the findings, and the subject to the treatment facility. The administrator, over his or her signature, shall acknowledge the delivery on the original warrant which the sheriff shall return to the clerk of the district court with his or her costs and expenses endorsed thereon. If neither the sheriff nor deputy sheriff is available to execute the warrant, the chairperson of the mental health board may appoint some other suitable person to execute the warrant. Such person shall take and subscribe an oath or affirmation to faithfully discharge his or her duty and shall be entitled to the same fees as the sheriff. The sheriff, deputy sheriff, or other person appointed by the mental health board may take with him or her such assistance as may be required to execute the warrant. No female subject shall be taken to a treatment facility without being accompanied by another female or relative of the subject. The administrator in his or her acknowledgment of delivery shall record whether any person accompanied the subject and the name of such person.
Source
Laws 2006, LB 1199, § 68.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1213 - Mental health board; execution of warrants; costs; procedure.

71-1213.
Mental health board; execution of warrants; costs; procedure.
(1) If a mental health board issues a warrant for the admission or return of a subject to a treatment facility and funds to pay the expenses thereof are needed in advance, the board shall estimate the probable expense of conveying the subject to the treatment facility, including the cost of any assistance that might be required, and shall submit such estimate to the county clerk of the county in which such person is located. The county clerk shall certify the estimate and shall issue an order on the county treasurer in favor of the sheriff or other person entrusted with the execution of the warrant.
(2) The sheriff or other person executing the warrant shall include in his or her return a statement of expenses actually incurred, including any excess or deficiency. Any excess from the amount advanced for such expenses under subsection (1) of this section shall be paid to the county treasurer, taking his or her receipt therefor, and any deficiency shall be obtained by filing a claim with the county board. If no funds are advanced, the expenses shall be certified on the warrant and paid when returned.
(3) The sheriff shall be reimbursed for mileage at the rate provided in section 33-117 for conveying a subject to a treatment facility under this section. For other services performed under the Sex Offender Commitment Act, the sheriff shall receive the same fees as for like services in other cases.
(4) All compensation and expenses provided for in this section shall be allowed and paid out of the treasury of the county by the county board.
Source
Laws 2006, LB 1199, § 69.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1214 - Treatment order of mental health board; appeal; final order of district court; appeal.

71-1214.
Treatment order of mental health board; appeal; final order of district court; appeal.
The subject of a petition or the county attorney may appeal a treatment order of the mental health board under section 71-1209 to the district court. Such appeals shall be de novo on the record. A final order of the district court may be appealed to the Court of Appeals in accordance with the procedure in criminal cases. The final judgment of the court shall be certified to and become a part of the records of the mental health board with respect to the subject.
Source
Laws 2006, LB 1199, § 70.
Annotations
The proper procedure to be followed when taking an appeal from a final order of the district court under this section is the general appeal procedure set forth in section 25-1912. In re Interest of L.T., 295 Neb. 105, 886 N.W.2d 525 (2016).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1215 - Treatment order; individualized treatment plan; contents; copy; filed; treatment; when commenced.

71-1215.
Treatment order; individualized treatment plan; contents; copy; filed; treatment; when commenced.
(1) Any treatment order entered by a mental health board under section 71-1209 shall include directions for (a) the preparation and implementation of an individualized treatment plan for the subject and (b) documentation and reporting of the subject's progress under such plan.
(2) The individualized treatment plan shall contain a statement of (a) the nature of the subject's mental illness or personality disorder, (b) the least restrictive treatment alternative consistent with the clinical diagnosis of the subject, and (c) intermediate and long-term treatment goals for the subject and a projected timetable for the attainment of such goals.
(3) A copy of the individualized treatment plan shall be filed with the mental health board for review and inclusion in the subject's file and served upon the county attorney, the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, within five working days after the entry of the board's order. Treatment shall be commenced within two working days after preparation of the plan.
(4) The subject shall be entitled to know the contents of the individualized treatment plan and what the subject must do in order to meet the requirements of such plan.
(5) The subject shall be notified by the mental health board when the mental health board has changed the treatment order or has ordered the discharge of the subject from commitment.
Source
Laws 2006, LB 1199, § 71.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1216 - Person responsible for subject's individualized treatment plan; periodic progress reports; copies; filed and served.

71-1216.
Person responsible for subject's individualized treatment plan; periodic progress reports; copies; filed and served.
The person or entity designated by the mental health board under section 71-1215 to prepare and oversee the subject's individualized treatment plan shall submit periodic reports to the mental health board of the subject's progress under such plan and any modifications to the plan. The mental health board may distribute copies of such reports to other interested parties as permitted by law. With respect to a subject ordered by the mental health board to receive inpatient treatment, such initial report shall be filed with the mental health board for review and inclusion in the subject's file and served upon the county attorney, the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, no later than ten days after submission of the subject's individualized treatment plan. With respect to each subject committed by the mental health board, such reports shall be so filed and served no less frequently than every ninety days for a period of one year following submission of the subject's individualized treatment plan and every six months thereafter.
Source
Laws 2006, LB 1199, § 72.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1217 - Outpatient treatment provider; duties; investigation by county attorney; warrant for immediate custody of subject; when.

71-1217.
Outpatient treatment provider; duties; investigation by county attorney; warrant for immediate custody of subject; when.
(1) Any provider of outpatient treatment to a subject ordered by a mental health board to receive such treatment shall report to the board and to the county attorney if (a) the subject is not complying with his or her individualized treatment plan, (b) the subject is not following the conditions set by the mental health board, (c) the treatment plan is not effective, or (d) there has been a significant change in the subject's mental illness or personality disorder or the level of risk posed to the public. Such report may be transmitted by facsimile, but the original of the report shall be mailed to the board and the county attorney no later than twenty-four hours after the facsimile transmittal.
(2)(a) Upon receipt of such report, the county attorney shall have the matter investigated to determine whether there is a factual basis for the report.
(b) If the county attorney determines that there is no factual basis for the report or that no further action is warranted, he or she shall notify the board and the treatment provider and take no further action.
(c) If the county attorney determines that there is a factual basis for the report and that intervention by the mental health board is necessary to protect the subject or others, the county attorney may file a motion for reconsideration of the conditions set forth by the board and have the matter set for hearing.
(d) The county attorney may apply for a warrant to take immediate custody of the subject pending a rehearing by the board under subdivision (c) of this subsection if the county attorney has reasonable cause to believe that the subject poses a threat of danger to himself or herself or others prior to such rehearing. The application for a warrant shall be supported by affidavit or sworn testimony by the county attorney, a mental health professional, or any other informed person. The application for a warrant and the supporting affidavit may be filed with the board by facsimile, but the original shall be filed with the board not later than three days after the facsimile transmittal, excluding holidays and weekends. Sworn testimony in support of the warrant application may be taken over the telephone at the discretion of the board.
Source
Laws 2006, LB 1199, § 73.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1218 - Outpatient treatment; hearing by board; warrant for custody of subject; subject's rights; board determination.

71-1218.
Outpatient treatment; hearing by board; warrant for custody of subject; subject's rights; board determination.
The mental health board shall, upon motion of the county attorney, or may, upon its own motion, hold a hearing to determine whether a subject ordered by the board to receive outpatient treatment can be adequately and safely served by the individualized treatment plan for such subject on file with the board. The mental health board may issue a warrant directing any law enforcement officer in the state to take custody of the subject and directing the sheriff or other suitable person to transport the subject to a treatment facility or public or private hospital with available capacity specified by the board where he or she will be held pending such hearing. No person may be held in custody under this section for more than seven days except upon a continuance granted by the board. At the time of execution of the warrant, the sheriff or other suitable person designated by the board shall personally serve upon the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, a notice of the time and place fixed for the hearing, a copy of the motion for hearing, and a list of the rights provided by the Sex Offender Commitment Act. The subject shall be accorded all the rights guaranteed to a subject by the act. Following the hearing, the board shall determine whether outpatient treatment will be continued, modified, or ended.
Source
Laws 2006, LB 1199, § 74.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1220 - Regional center or treatment facility; administrator; discharge of involuntary patient; notice.

71-1220.
Regional center or treatment facility; administrator; discharge of involuntary patient; notice.
When the administrator of any regional center or treatment facility for the treatment of dangerous sex offenders determines that any involuntary patient in such facility may be safely and properly discharged or placed on convalescent leave, the administrator of such regional center or treatment facility shall immediately notify the mental health board of the judicial district from which such patient was committed.
Source
Laws 2006, LB 1199, § 76.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1221 - Mental health board; notice of release; hearing.

71-1221.
Mental health board; notice of release; hearing.
A mental health board shall be notified in writing of the release by the treatment facility of any individual committed by the mental health board. Such notice shall immediately be forwarded to the county attorney. The mental health board shall, upon the motion of the county attorney, or may upon its own motion, conduct a hearing to determine whether the individual is a dangerous sex offender and consequently not a proper subject for release. Such hearing shall be conducted in accordance with the procedures established for hearings under the Sex Offender Commitment Act. The subject of such hearing shall be accorded all rights guaranteed to the subject of a petition under the act.
Source
Laws 2006, LB 1199, § 77.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1222 - Mental health board; person released from treatment; compliance with conditions of release; conduct hearing; make determination.

71-1222.
Mental health board; person released from treatment; compliance with conditions of release; conduct hearing; make determination.
The mental health board shall, upon the motion of the county attorney, or may upon its own motion, hold a hearing to determine whether a person who has been ordered by the board to receive inpatient or outpatient treatment is adhering to the conditions of his or her release from such treatment, including the taking of medication. The subject of such hearing shall be accorded all rights guaranteed to a subject under the Sex Offender Commitment Act, and such hearing shall apply the standards used in all other hearings held pursuant to the act. If the mental health board concludes from the evidence at the hearing that there is clear and convincing evidence that the subject is a dangerous sex offender, the board shall so find and shall within forty-eight hours enter an order of final disposition providing for the treatment of such person in accordance with section 71-1209.
Source
Laws 2006, LB 1199, § 78.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1223 - Escape from treatment facility or program; notification required; contents; warrant; execution; peace officer; powers.

71-1223 .
Escape from treatment facility or program; notification required; contents; warrant; execution; peace officer; powers.
When any person receiving treatment at a treatment facility or program for dangerous sex offenders pursuant to an order of a court or mental health board is absent without authorization from such treatment facility or program, the administrator or program director of such treatment facility or program shall immediately notify the Nebraska State Patrol and the court or clerk of the mental health board of the judicial district from which such person was committed. The notification shall include the person's name and description and a determination by a psychiatrist, clinical director, administrator, or program director as to whether the person is believed to be currently dangerous to others. The clerk shall issue the warrant of the board directed to the sheriff of the county for the arrest and detention of such person. Such warrant may be executed by the sheriff or any other peace officer. Pending the issuance of the warrant of the mental health board, any peace officer may seize and detain such person when the peace officer has probable cause to believe that the person is reported to be absent without authorization as described in the section. Such person shall be returned to the treatment facility or program or shall be taken to a facility as described in section 71-919 until he or she can be returned to such treatment facility or program.
Source
Laws 2006, LB 1199, § 79.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1224 - Rights of subjects.

71-1224.
Rights of subjects.
In addition to the rights granted subjects by any other provisions of the Sex Offender Commitment Act, such subjects shall be entitled to the rights provided in sections 71-943 to 71-960 during proceedings concerning the subjects under the act.
Source
Laws 2006, LB 1199, § 80.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1225 - Mental health board hearings; closed to public; exception; where conducted.

71-1225.
Mental health board hearings; closed to public; exception; where conducted.
All mental health board hearings under the Sex Offender Commitment Act shall be closed to the public except at the request of the subject and shall be held in a courtroom or at any convenient and suitable place designated by the mental health board. The board shall have the right to conduct the proceeding where the subject is currently residing if the subject is unable to travel.
Source
Laws 2006, LB 1199, § 81.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1226 - Hearings; rules of evidence applicable.

71-1226.
Hearings; rules of evidence applicable.
The rules of evidence applicable in civil proceedings shall apply at all hearings held under the Sex Offender Commitment Act. In no event shall evidence be considered which is inadmissible in criminal proceedings.
Source
Laws 2006, LB 1199, § 82.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1355 - Act, how cited.

71-1355.
Act, how cited.
Sections 71-1355 to 71-1385 shall be known and may be cited as the Cremation of Human Remains Act.
Source
Laws 2003, LB 95, § 1;
Laws 2015, LB146, § 1.
Cross References
Funeral Directing and Embalming Practice Act, see section 38-1401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1357 - Crematory; license required.

71-1357.
Crematory; license required.
A crematory shall not be established, operated, or maintained in this state except by a crematory authority licensed by the department under the Cremation of Human Remains Act. The department shall issue a license to a crematory authority that satisfies the requirements for licensure under the act. Human remains shall not be cremated in this state except at a crematory operated by a crematory authority licensed under the act.
Source
Laws 2003, LB 95, § 3;
Laws 2007, LB463, § 1187.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1358 - Crematory; building and location requirements.

71-1358.
Crematory; building and location requirements.
(1) A crematory shall conform to all building codes and environmental regulations.
(2) A crematory may be constructed at any location consistent with applicable zoning and environmental regulations.
Source
Laws 2003, LB 95, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1359 - License; application; requirements; fee.

71-1359.
License; application; requirements; fee.
An applicant for an initial or renewal license as a crematory authority shall file a written application with the department. The application shall be accompanied by the license fee required under section 71-1363 and a certificate confirming that the crematory operator has attended, prior to issuance of the license, a training course provided by the Cremation Association of North America or by the manufacturer of the cremation chamber maintained and operated by the crematory authority and shall set forth the full name and address of the applicant, the address and location of the crematory, the name of the crematory operator, the name and address of the owner of the crematory, and additional information as required by the department, including affirmative evidence of the applicant's ability to comply with rules and regulations adopted and promulgated under the Cremation of Human Remains Act. The application shall include the applicant's social security number if the applicant is an individual. The social security number shall not be public record and may only be used for administrative purposes.
Source
Laws 2003, LB 95, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1360 - License; expiration.

71-1360.
License; expiration.
Except as otherwise provided in the Cremation of Human Remains Act, licenses issued pursuant to the act shall expire five years after the date of issuance. Licenses shall be issued only for the crematory authority named in the application and shall not be transferable or assignable.
Source
Laws 2003, LB 95, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1361 - Crematory; change in location, ownership, or name; application; requirements; fee.

71-1361.
Crematory; change in location, ownership, or name; application; requirements; fee.
(1) A crematory authority desiring to relocate a crematory shall file a written application with the department at least thirty days prior to the designated date of such relocation. The application shall be accompanied by a fee determined by the department in rules and regulations.
(2) A crematory authority desiring to change ownership of a crematory shall file a written application with the department at least thirty days prior to the designated date of such change. The application shall be accompanied by a fee determined by the department in rules and regulations.
(3) A crematory authority desiring to change its name shall file a written application with the department at least thirty days prior to such change. The application shall be accompanied by a fee determined by the department in rules and regulations.
Source
Laws 2003, LB 95, § 7;
Laws 2007, LB463, § 1188.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1362 - Provisional license.

71-1362.
Provisional license.
A provisional license may be issued to a crematory authority that substantially complies with requirements for licensure under the Cremation of Human Remains Act and rules and regulations adopted and promulgated under the act. Such provisional license shall be valid for a period of up to one year, shall not be renewed, and may be converted to a regular license upon a showing that the crematory authority fully complies with the requirements for licensure under the act and rules and regulations.
Source
Laws 2003, LB 95, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1363 - Licensure; fees.

71-1363.
Licensure; fees.
(1) The fee for an initial or renewal license as a crematory authority shall include a fee determined by the department in rules and regulations.
(2) If the license application is denied, the license fee shall be returned to the applicant, except that the department may retain up to twenty-five dollars as an administrative fee and may retain the entire license fee if an inspection has been completed prior to such denial.
(3) The department shall collect the same fee as provided in subsection (1) of this section for reinstatement of a license that has lapsed or has been suspended. The department shall collect a fee of ten dollars for a duplicate original license.
(4) The department shall collect a fee of twenty-five dollars for a certified statement that a crematory authority is licensed in this state and a fee of five dollars for verification that a crematory authority is licensed in this state.
(5) The department shall adopt and promulgate rules and regulations for the establishment of fees under the Cremation of Human Remains Act.
(6) The department shall collect fees authorized under the act and shall remit such fees to the State Treasurer for credit to the Health and Human Services Cash Fund. Such fees shall only be used for activities related to the licensure of crematory authorities.
Source
Laws 2003, LB 95, § 9;
Laws 2007, LB296, § 470;
Laws 2007, LB463, § 1189.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1364 - Department; inspection; report; duties; noncompliance; procedure.

71-1364.
Department; inspection; report; duties; noncompliance; procedure.
(1) The department may inspect or provide for the inspection of any crematory operated by a crematory authority licensed under the Cremation of Human Remains Act in such manner and at such times as provided in rules and regulations adopted and promulgated by the department.
(2) The department shall issue an inspection report and provide a copy of the report to the crematory authority within ten working days after the completion of an inspection. The department shall review any findings of noncompliance contained in such report within twenty working days after such inspection.
(3) If the department determines, after such review, that the evidence supports a finding of noncompliance by a crematory authority with any applicable provisions of the Cremation of Human Remains Act or rules and regulations adopted and promulgated under the act, the department may send a letter to the crematory authority requesting a statement of compliance. The letter shall include a description of each alleged violation, a request that the crematory authority submit a statement of compliance within ten working days, and a notice that the department may take further action if the statement of compliance is not submitted. The statement of compliance shall indicate any actions by the crematory authority which have been or will be taken and the period of time estimated to be necessary to correct each alleged violation. If the crematory authority fails to submit such statement of compliance or fails to make a good faith effort to correct the alleged violations, the department may take further action as provided in sections 71-1366 to 71-1369.
Source
Laws 2003, LB 95, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1365 - Complaints; department; duties; confidentiality; immunity.

71-1365.
Complaints; department; duties; confidentiality; immunity.
(1) Any person may submit a complaint to the department and request investigation of an alleged violation of the Cremation of Human Remains Act or rules and regulations adopted and promulgated under the act. The department shall review all complaints and determine whether to conduct an investigation relating to such complaints.
(2) A complaint submitted to the department under this section shall be confidential. A person submitting such complaint shall be immune from criminal or civil liability of any nature, whether direct or derivative, for submitting the complaint or for disclosure of documents, records, or other information to the department relating to such complaint.
Source
Laws 2003, LB 95, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1366 - Imminent danger; department; powers.

71-1366.
Imminent danger; department; powers.
(1) If the director determines that a crematory authority is operating a crematory so as to create an imminent danger of death or serious physical harm to persons employed at or in proximity to such crematory, he or she may order the temporary suspension or temporary limitation of the license of the crematory authority and may order the temporary closure of the crematory pending further action by the department. A hearing shall be held by the department no later than ten days after the date of such order. The department shall also simultaneously institute proceedings for revocation, suspension, or limitation of the license of the crematory authority.
(2) A continuance of the hearing under subsection (1) of this section shall be granted by the department upon written request from the crematory authority. Such continuance shall not exceed thirty days.
(3) A temporary suspension or temporary limitation order by the director under this section shall take effect when served upon the crematory authority and shall not exceed ninety days. If further action is not taken by the department within such period, the temporary suspension or temporary limitation shall expire.
Source
Laws 2003, LB 95, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1367 - Deny or refuse to renew license; disciplinary action; grounds.

71-1367.
Deny or refuse to renew license; disciplinary action; grounds.
The department may deny or refuse to renew a license under the Cremation of Human Remains Act or take disciplinary action against a crematory authority licensed under the act as provided in section 71-1368 on any of the following grounds:
(1) Violation of the Cremation of Human Remains Act or rules and regulations adopted and promulgated under the act;
(2) Conviction of any crime involving moral turpitude;
(3) Conviction of a misdemeanor or felony under state law, federal law, or the law of another jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony and which has a rational connection with the fitness or capacity of the crematory authority to operate a crematory;
(4) Conviction of a violation pursuant to section 71-1371;
(5) Obtaining a license as a crematory authority by false representation or fraud;
(6) Misrepresentation or fraud in the operation of a crematory; or
(7) Failure to allow access by an agent or employee of the Department of Health and Human Services to a crematory operated by the crematory authority for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of such department.
Source
Laws 2003, LB 95, § 13;
Laws 2007, LB296, § 471.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1368 - Disciplinary actions; fine; disposition.

71-1368.
Disciplinary actions; fine; disposition.
(1) The department may impose any one or more of the following types of disciplinary action against a crematory authority licensed under the Cremation of Human Remains Act:
(a) A fine not to exceed five hundred dollars per violation;
(b) A limitation on the license and upon the right of the crematory authority to operate a crematory to the extent, scope, or type of operation, for such time, and under such conditions as the director finds necessary and proper;
(c) Placement of the license on probation for a period not to exceed two years during which the crematory may continue to operate under terms and conditions fixed by the order of probation;
(d) Suspension of the license for a period not to exceed two years during which the crematory may not operate; and
(e) Revocation and permanent termination of the license.
(2) Any fine imposed and unpaid under the Cremation of Human Remains 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 crematory is located. The department shall remit fines to the State Treasurer, within thirty days after receipt, for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 2003, LB 95, § 14;
Laws 2007, LB296, § 472.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1369 - Appeal.

71-1369.
Appeal.
Any party to a decision of the department under the Cremation of Human Remains Act may appeal such decision. The appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 2003, LB 95, § 15.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1370 - License; reinstatement or relicensure.

71-1370.
License; reinstatement or relicensure.
(1) If the license of a crematory authority has lapsed for nonpayment of fees, such license shall be eligible for reinstatement at any time upon application to the department and payment of the applicable fee as provided in section 71-1363.
(2) If the license of a crematory authority has been placed on probation, such license shall be 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.
(3) If the license of a crematory authority has been suspended, such license shall be eligible for reinstatement at the end of the period of suspension upon successful completion of an inspection and payment of the applicable fee as provided in section 71-1363.
(4) If the license of a crematory authority has been suspended, such license may be reinstated by the department prior to the completion of the term of suspension upon petition by the licensee. After reviewing such petition and any material submitted by the licensee with such petition, the department may order an inspection or investigation of the licensee. Based on such review and such inspection or investigation, if any, the director shall (a) grant full reinstatement of the license, (b) modify the suspension, or (c) 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 period. Any requested hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases.
(5) If the license of a crematory authority has been revoked, such crematory authority shall not be eligible for relicensure until five years after the date of such revocation. A reapplication for an initial license may be made by the crematory authority at the end of such five-year period.
(6) The department may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2003, LB 95, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1371 - Nuisance; abatement; acts prohibited; penalty.

71-1371.
Nuisance; abatement; acts prohibited; penalty.
(1) Maintaining or operating a crematory in violation of the Cremation of Human Remains Act or any rules and regulations of the department adopted and promulgated under the act is a public nuisance and may be abated as a nuisance as provided by law.
(2) It is a Class III misdemeanor to (a) establish, operate, or maintain a crematory subject to the Cremation of Human Remains Act without being licensed as a crematory authority under the act, (b) hold oneself out to the public as a crematory authority without being licensed under the act, or (c) perform a cremation without a cremation authorization form signed by the authorizing agent and a completed permit for transit or cremation as provided by the department or a cremation permit.
(3) Signing a cremation authorization form with actual knowledge that the form contains false, incorrect, or misleading information is a Class III misdemeanor.
(4) A violation of any other provision of the Cremation of Human Remains Act is a Class III misdemeanor.
Source
Laws 2003, LB 95, § 17.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1372 - Injunction; authorized.

71-1372.
Injunction; authorized.
The department may maintain an action in the name of the State of Nebraska for an injunction against any person for establishing, operating, or maintaining a crematory without first obtaining a license as a crematory authority under the Cremation of Human Remains 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 crematory without obtaining a license as a crematory authority under the act, without alleging any further or more particular facts concerning the same.
Source
Laws 2003, LB 95, § 18.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1373 - Cremation; right to authorize.

71-1373.
Cremation; right to authorize.
The right to authorize the cremation of human remains and the final disposition of the cremated remains, except in the case of a minor subject to section 23-1824 and unless other directions have been given by the decedent in the form of a testamentary disposition or a pre-need contract, vests pursuant to section 30-2223.
Source
Laws 2003, LB 95, § 19;
Laws 2007, LB463, § 1190;
Laws 2014, LB998, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1374 - Crematory authority; delivery receipt form; duties.

71-1374.
Crematory authority; delivery receipt form; duties.
(1) A crematory authority upon receiving human remains shall sign a delivery receipt form and shall hold the human remains, prior to cremation, as provided in this section. The form shall include the name of the deceased, the time and date of delivery of such remains, and the signatures of the owner of the crematory or his or her representative and the funeral director or his or her representative.
(2) If a crematory authority is unable to cremate the human remains immediately upon taking receipt thereof, the crematory authority shall place the human remains in a holding facility. A holding facility shall be designed and constructed to (a) comply with all applicable public health laws, (b) provide for the health and safety of persons employed at such facility, and (c) prevent any unauthorized access to such facility.
(3) A crematory authority may refuse to accept for holding an alternative container or casket from which there is any evidence of leakage of the body fluids from the human remains in the container.
(4) If human remains received by the crematory authority are not embalmed, such remains shall be held no longer than twenty-four hours from the time of death unless the human remains are placed within a refrigerated facility in accordance with the laws of this state.
Source
Laws 2003, LB 95, § 20.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1375 - Crematory operation; limitations.

71-1375.
Crematory operation; limitations.
(1) No person shall be permitted in a crematory, unless authorized by the crematory authority, while any human remains are in the crematory awaiting cremation, being cremated, or being removed from the cremation chamber.
(2) The human remains of more than one person shall not be simultaneously cremated within the same cremation chamber unless the crematory authority has received specific written authorization from the authorizing agent for the human remains to be so cremated.
Source
Laws 2003, LB 95, § 21.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1376 - Crematory authority; operation; requirements.

71-1376.
Crematory authority; operation; requirements.
(1) A crematory authority shall not accept human remains for cremation without a proper label indicating the name of the deceased and the name and location of the funeral establishment placed on the exterior of the alternative container or casket.
(2) No crematory authority shall make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket. No crematory authority shall refuse to accept human remains for cremation if the human remains are not in a casket.
(3) No crematory authority shall accept human remains for cremation unless the human remains are delivered to the crematory authority in an alternative container or casket or delivered to the crematory authority's holding facility to be placed in an alternative container or casket. Human remains delivered to a crematory in an alternative container shall not be removed from the alternative container, and the alternative container shall be cremated with the human remains. A crematory authority may refuse (a) a noncombustible casket or any other container that is not an alternative container or (b) a casket or container that is not labeled as required under subsection (1) of this section.
(4) An alternative container shall:
(a) Be composed of readily combustible materials suitable for cremation;
(b) Be able to be closed to provide for complete encasement of the human remains;
(c) Be resistant to leakage or spillage;
(d) Be rigid enough for easy handling; and
(e) Provide protection for the health and safety of persons handling such container.
Source
Laws 2003, LB 95, § 22.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1377 - Cremation authorization form; required; contents.

71-1377.
Cremation authorization form; required; contents.
(1) A crematory authority shall not cremate human remains until it has received:
(a) A cremation authorization form as provided in subsection (2) of this section;
(b) A completed and executed permit for transit or cremation as provided by the department or the appropriate cremation permit from the state from which the human remains were delivered, indicating that the human remains are to be cremated; and
(c) A delivery receipt form.
(2) A cremation authorization form shall be signed by the authorizing agent and shall include, but not be limited to, the following information:
(a) The name of the deceased;
(b) Date and place of death;
(c) The identity of the funeral director involved in the preparation of the human remains for cremation, if any;
(d) Notification that the death did or did not occur from a disease declared by the department to be infectious, contagious, communicable, or dangerous to the public health;
(e) The name of the authorizing agent and the relationship between the authorizing agent and the deceased;
(f) Authorization by the authorizing agent for the crematory authority to cremate the human remains;
(g) A representation that the authorizing agent is aware of no objection to the human remains being cremated by any person who has a right to control the disposition of the human remains;
(h) A representation that the human remains do not contain any material, implants, or conditions that may be potentially hazardous to equipment or persons performing the cremation;
(i) The name of the person authorized to claim the cremated remains from the crematory authority; and
(j) The intended disposition of the cremated remains.
(3) A crematory authority shall retain, for at least seven years after the cremation, in printed or electronic format, copies of the cremation authorization form, permit for transit or cremation as provided by the department or cremation permit, cremated remains receipt form, delivery receipt form, and any other records required under the Cremation of Human Remains Act.
Source
Laws 2003, LB 95, § 23.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1378 - Cremation authorization form; signature.

71-1378.
Cremation authorization form; signature.
(1) Any person signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth on such form, including the identity of the deceased whose remains are sought to be cremated and the authority of the person to authorize such cremation. Any person signing a cremation authorization form is personally liable for all damages resulting from false, incorrect, or misleading information contained on such form.
(2) A crematory authority may cremate human remains upon the receipt of a cremation authorization form signed by an authorizing agent and a completed and executed permit for transit or cremation or cremation permit as required by law.
Source
Laws 2003, LB 95, § 24.