reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3409 - Review of child deaths, stillbirths, maternal deaths, and severe maternal morbidity; manner.

71-3409.
Review of child deaths, stillbirths, maternal deaths, and severe maternal morbidity; manner.
(1)(a) The State Child Death Review Team shall review child deaths in the manner provided in this subsection.
(b) The members shall review the death certificate, birth certificate, coroner's report or autopsy report if done, and indicators of child or family involvement with the department. The members shall classify the nature of the death, whether accidental, homicide, suicide, undetermined, or natural causes, determine the completeness of the death certificate, and identify discrepancies and inconsistencies.
(c) A review shall not be conducted on any child death under active investigation by a law enforcement agency or under criminal prosecution. The members may seek records described in section 71-3410. The members shall identify the preventability of death, the possibility of child abuse or neglect, the medical care issues of access and adequacy, and the nature and extent of interagency communication.
(2)(a) The team may review stillbirths in the manner provided in this subsection.
(b) The members may review the death certificates and other documentation which will allow the team to identify preventable causes of stillbirths.
(c) Nothing in this subsection shall be interpreted to require review of any stillbirth death.
(3)(a) The State Maternal Death Review Team shall review all maternal deaths in the manner provided in this subsection.
(b) The members shall review the maternal death records in accordance with evidence-based best practices in order to determine: (i) If the death is pregnancy-related; (ii) the cause of death; (iii) if the death was preventable; (iv) the factors that contributed to the death; (v) recommendations and actions that address those contributing factors; and (vi) the anticipated impact of those actions if implemented.
(c) A review shall not be conducted on any maternal death under active investigation by a law enforcement agency or under criminal prosecution. The members may seek records described in section 71-3410. The members shall identify the preventability of death, the possibility of domestic abuse, the medical care issues of access and adequacy, and the nature and extent of interagency communication.
(4)(a) The team may review incidents of severe maternal morbidity in the manner provided in this subsection and additionally, may use guidelines published by the Centers for Disease Control and Prevention or develop its own guidelines for such review.
(b) The members may review any records or documents which will allow the team to identify preventable causes of severe maternal morbidity.
(c) Nothing in this subsection shall be interpreted to require the review of any incident of severe maternal morbidity.
Source
Laws 1993, LB 431, § 6;
Laws 1996, LB 1044, § 649;
Laws 2013, LB361, § 6;
Laws 2022, LB741, § 52;
Laws 2023, LB227, § 99.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3410 - Provision of information and records; subpoenas.

71-3410.
Provision of information and records; subpoenas.
(1) Upon request, the teams shall be immediately provided:
(a) Information and records maintained by a provider of medical, dental, prenatal, and mental health care, including medical reports, autopsy reports, and emergency and paramedic records; and
(b) All information and records maintained by any agency of state, county, or local government, any other political subdivision, any school district, or any public or private educational institution, including, but not limited to, birth and death certificates, law enforcement investigative data and reports, coroner investigative data and reports, educational records, parole and probation information and records, and information and records of any social services agency that provided services to the child, the pregnant or postpartum woman, or the family of the child or woman.
(2) The Department of Health and Human Services shall have the authority to issue subpoenas to compel production of any of the records and information specified in subdivisions (1)(a) and (b) of this section, except records and information on any child death, stillbirth, maternal death, or incident of severe maternal morbidity under active investigation by a law enforcement agency or which is at the time the subject of a criminal prosecution, and shall provide such records and information to the teams.
Source
Laws 1993, LB 431, § 7;
Laws 1996, LB 1044, § 650;
Laws 1998, LB 1073, § 126;
Laws 2007, LB296, § 564;
Laws 2013, LB361, § 7;
Laws 2022, LB741, § 53;
Laws 2023, LB227, § 100.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3413 - Legislative findings and declarations; purpose of act.

71-3413.
Legislative findings and declarations; purpose of act.
(1) The Legislature finds and declares that it is in the best interests of the state, its residents, and especially the families of this state, that the number and causes of death related to domestic abuse be examined. There is a need for a comprehensive integrated review of all domestic abuse deaths in Nebraska and a system for statewide retrospective review of existing records relating to each domestic abuse death.
(2) The purpose of the Domestic Abuse Death Review Act is to prevent future domestic abuse deaths by:
(a) Providing for the examination of the incidence, causes, and contributing factors of domestic abuse deaths in Nebraska; and
(b) Developing recommendations for changes within communities, public and private agencies, institutions, and systems, based on an analysis of these causes and contributing factors which may serve to prevent future domestic abuse deaths.
Source
Laws 2022, LB741, § 38.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3414 - Terms, defined.

71-3414.
Terms, defined.
For purposes of the Domestic Abuse Death Review Act:
(1) Associated victim means a family or household member of the decedent victim who also experienced abuse committed by the perpetrator;
(2) Decedent victim means a person who died by homicide or suicide as a result of domestic abuse;
(3) Domestic abuse means abuse as defined in section 42-903;
(4) Domestic abuse death means:
(a) A homicide that involves, or is a result of, domestic abuse;
(b) The death of a decedent victim who was a member of a law enforcement agency, emergency medical service, or other agency responding to a domestic abuse incident;
(c) The death of a decedent victim who was responding to a domestic abuse incident; or
(d) A suicide of a decedent victim if there are circumstances indicating the suicide involved, or was the result of, domestic abuse within two years prior to the suicide, including: (i) The decedent victim had applied for or received a protection order against the perpetrator within two years prior to the suicide; (ii) the decedent victim had received counseling, treatment, or sought other supportive services as a result of the domestic abuse within two years prior to the suicide; or (iii) the decedent victim had reported domestic abuse to law enforcement within two years prior to the suicide;
(5) Family or household member has the same meaning as in section 42-903;
(6) Investigation means a domestic abuse death investigation as described in section 71-3415;
(7) Law enforcement agency means the police department or town marshal in incorporated municipalities, the office of the county sheriff, and the Nebraska State Patrol;
(8) Perpetrator means the person who has been the predominant aggressor of domestic abuse;
(9) Survivor of domestic abuse means a person who is a current or prior victim of domestic abuse; and
(10) Team means the State Domestic Abuse Death Review Team as provided in section 71-3416.
Source
Laws 2022, LB741, § 39.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3415 - Domestic abuse death investigation.

71-3415.
Domestic abuse death investigation.
(1) A domestic abuse death investigation shall involve a review of existing records, documents, and other information regarding the decedent victim and perpetrator from relevant agencies, professionals, providers of health care, and family and household members of the decedent victim or perpetrator. The records to be reviewed may include: Protection orders; dissolution, mediation, custody, and support agreements and related court records; medical records; mental health records; therapy records; autopsy reports; birth and death certificates; court records, including juvenile cases and dismissed criminal cases; social services records, including juvenile records; educational records; emergency medical services records; Department of Correctional Services information and records; parole and probation information and records; and law enforcement agency investigative information and reports.
(2) Records shall not be made available to the team until the criminal or juvenile legal system response is completed due to:
(a) The death of the perpetrator;
(b) The criminal conviction or acquittal of the perpetrator and any codefendants;
(c) The conclusion of grand jury proceedings resulting in a no true bill;
(d) Adjudication in a juvenile court proceeding pursuant to subdivision (1), (2), or (4) of section 43-247;
(e) Completion of a criminal investigation in which the county attorney declines to file charges; or
(f) Completion of the investigation of the suicide of the decedent victim.
Source
Laws 2022, LB741, § 40.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3418 - Team coordinator; duties.

71-3418.
Team coordinator; duties.
(1) The team coordinator selected under section 71-3416 shall (a) convene and lead meetings of the team and (b) ensure the team provides recommendations to prevent domestic abuse deaths.
(2) The team coordinator shall (a) gather, store, and distribute the necessary records and information for investigations made available to the team, (b) ensure timely notification of the team members of upcoming meetings, (c) ensure that all team reporting and data collection requirements are met, (d) oversee adherence to the review process established by the Domestic Abuse Death Review Act and the protocols developed by the team, and (e) perform such other duties as the team deems appropriate.
Source
Laws 2022, LB741, § 43.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3419 - Team; conduct investigations; requirements.

71-3419.
Team; conduct investigations; requirements.
The team shall conduct investigations in accordance with best practices and shall review all relevant records and information in an investigation to understand the relationship between the decedent victim and the perpetrator in order to determine:
(1) Whether a correlation exists between certain events in the relationship and any escalation of abuse;
(2) The factors that contributed to the domestic abuse death;
(3) The public and private systemic response to the decedent victim, an associated victim, and the perpetrator; and
(4) Recommendations and actions that address the contributing factors in the domestic abuse death for change within individuals, communities, public and private agencies, institutions, and systems based on an analysis of the causes and contributing factors of domestic abuse deaths.
Source
Laws 2022, LB741, § 44.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3420 - Provision of information and records; subpoenas; contempt.

71-3420.
Provision of information and records; subpoenas; contempt.
(1) For purposes of conducting an investigation, and as necessary to fulfill the purposes of the Domestic Abuse Death Review Act, the team shall be immediately provided the following upon request:
(a) Records, documents, or other information maintained by a health care provider, mental health provider, or other medical professional, including medical records, mental health records, therapy records, and emergency medical services records; and
(b) All information and records maintained by any state agency, county or local government, political subdivision, school district, or public or private educational institution, including birth and death certificates; protection orders; dissolution, mediation, custody, and child support agreements; court records, including juvenile cases and dismissed criminal cases; law enforcement agency investigative information and reports; autopsy reports; educational records; Department of Correctional Services information and records; parole and probation information and records; and information and records of any social services agency, including juvenile records, that provided services to the decedent victim, an associated victim, or the perpetrator.
(2) Except as provided in section 71-3415, the Attorney General shall have the authority to issue subpoenas to compel production of any of the records and information specified in this section.
(3) Any failure to respond to such subpoena shall be certified by the Attorney General to the district court of Lancaster County for enforcement or punishment for contempt of court.
Source
Laws 2022, LB741, § 45.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3421 - Information and records; confidentiality; release; conditions; disclosure; limitations.

71-3421.
Information and records; confidentiality; release; conditions; disclosure; limitations.
(1) All information and records acquired by the team in the exercise of its duties pursuant to the Domestic Abuse Death Review Act shall be confidential and exempt from disclosure except as provided in this section and section 71-3417. Statistical compilations of data or recommendations made by the team that do not contain any personal identifying information shall be public records.
(2) De-identified information and records obtained by the team may be released to a researcher, research organization, university, institution, or governmental agency for the purpose of conducting scientific, medical, or public health research upon proof of identity and execution of a confidentiality agreement as provided in this section and section 71-3417. Such release shall provide for a written agreement with the Attorney General providing protection of the security of the information, including access limitations, and the storage, destruction, and use of the information. The release of such information pursuant to this subsection shall not make otherwise confidential information a public record.
(3) Except as necessary to carry out the team's purposes and duties, members of the team and individuals attending a team meeting shall not disclose any discussion among team members at a meeting and shall not disclose any information prohibited from disclosure by this section.
(4) Members of a team and individuals attending a team meeting shall not testify in any civil, administrative, licensure, or criminal proceeding, including depositions, regarding information reviewed in or an opinion formed as a result of a team meeting. This subsection shall not be construed to prevent a person from testifying to information obtained independently of the team or that is public information.
(5) Conclusions, findings, recommendations, information, documents, and records of the team shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that conclusions, findings, recommendations, information, documents, and records otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of the team or are maintained by the team.
Source
Laws 2022, LB741, § 46.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3422 - Overdose Fatality Review Teams Act, how cited.

71-3422.
Overdose Fatality Review Teams Act, how cited.
Sections 71-3422 to 71-3437 shall be known and may be cited as the Overdose Fatality Review Teams Act.
Source
Laws 2023, LB227, § 79.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3423 - Legislative findings.

71-3423.
Legislative findings.
The Legislature finds that:
(1) Substance use disorders and drug overdoses are major health problems that affect the lives of many people and multiple services systems and lead to profound consequences, including permanent injury and death;
(2) Overdoses caused by heroin, fentanyl, other opioids, stimulants, controlled substance analogs, novel psychoactive substances, and other legal and illegal drugs are a public health crisis that stress and strain financial, public health, health care, and public safety resources in Nebraska;
(3) Overdose fatality reviews, which are designed to uncover the who, what, when, where, why, and how of fatal overdoses, allow local authorities to examine and understand the circumstances leading to a fatal drug overdose; and
(4) Through a comprehensive and multidisciplinary review, overdose fatality review teams can better understand the individual and population factors and characteristics of potential overdose victims. This provides local authorities with a greater sense of the strategies and multiagency coordination needed to prevent future overdoses and results in the more productive allocation of overdose prevention resources and services within Nebraska communities.
Source
Laws 2023, LB227, § 80.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3424 - Purposes of act.

71-3424.
Purposes of act.
The purposes of the Overdose Fatality Review Teams Act are to:
(1) Create a legislative framework for establishing county-level, multidisciplinary overdose fatality review teams in Nebraska;
(2) Provide overdose fatality review teams with duties and responsibilities to examine and understand the circumstances leading up to overdoses so that the teams can make recommendations on policy changes and resource allocation to prevent future overdoses; and
(3) Allow overdose fatality review teams to obtain and review records and other documentation related to overdoses from relevant agencies, entities, and individuals while remaining compliant with local, state, and federal confidentiality laws and regulations.
Source
Laws 2023, LB227, § 81.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3428 - Local team meetings; participants and attendees; requirements; liability; professional disciplinary action; immunity; limitation.

71-3428.
Local team meetings; participants and attendees; requirements; liability; professional disciplinary action; immunity; limitation.
(1) Members of a local team and other individuals in attendance at a local team meeting, including, but not limited to, experts, health care professionals, or other observers:
(a) Shall sign a confidentiality agreement as provided in section 71-3433;
(b) Are bound by all applicable local, state, and federal laws concerning the confidentiality of matters reviewed by the local team, but may discuss confidential matters and share confidential information during such meeting; and
(c) Except as otherwise permitted by law, shall not disclose confidential information outside of the meeting.
(2) A member of a local team or an individual in attendance at a local team meeting shall not be subject to civil or criminal liability or any professional disciplinary action for the sharing or discussion of any confidential matter with the local team during a local team meeting. This immunity does not apply to a local team member or attendee who intentionally or knowingly discloses confidential information in violation of the Overdose Fatality Review Teams Act or any state or federal law.
Source
Laws 2023, LB227, § 85.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3429 - Open Meetings Act; local team not considered public body; information and records; confidentiality.

71-3429.
Open Meetings Act; local team not considered public body; information and records; confidentiality.
(1) A local team shall not be considered a public body for purposes of the Open Meetings Act.
(2) Except for reports under section 71-3427, information and records acquired or created by a local team are not public records subject to disclosure pursuant to sections 84-712 to 84-712.09, shall be confidential, shall not be subject to subpoena, shall be privileged and inadmissible in evidence in any legal proceeding of any kind or character, and shall not be disclosed to any other department or agency of the State of Nebraska, except the Department of Health and Human Services as specified in the Overdose Fatality Review Teams Act.
Source
Laws 2023, LB227, § 86.
Operative Date: June 7, 2023
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3431 - Local team member; contact, interview, or obtain information from family member or friend of deceased.

71-3431.
Local team member; contact, interview, or obtain information from family member or friend of deceased.
A member of the local team may contact, interview, or obtain information by request from a family member or friend of an individual whose death is being reviewed by the local team.
Source
Laws 2023, LB227, § 88.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3432 - Local team meetings; ad hoc participation; confidential information; shared, when; lead organization; powers and duties; local team; consultation agreements.

71-3432.
Local team meetings; ad hoc participation; confidential information; shared, when; lead organization; powers and duties; local team; consultation agreements.
(1) A chairperson may invite other individuals to participate on the local team on an ad hoc basis for a particular investigation. Such individuals may include those with expertise that would aid in the investigation and representatives from organizations or agencies that had contact with, or provided services to, the overdose victim.
(2) So long as each individual present at a local team meeting has signed the confidentiality form provided for in section 71-3433, any otherwise confidential information received by the local team may be shared at a local team meeting with any nonmember attendees.
(3) Local team meetings in which confidential information is discussed shall be closed to the public.
(4) A lead organization may enter into confidentiality agreements with third-party agencies to obtain otherwise confidential information.
(5) A lead organization shall enter into a data-use agreement with the prescription drug monitoring program created under section 71-2454.
(6) A local team may enter into consultation agreements with relevant experts to evaluate the information and records collected by the team. All of the confidentiality provisions of the Overdose Fatality Review Teams Act shall apply to the activities of a consulting expert.
(7) A lead organization may enter into written agreements with entities to provide for the secure storage of electronic data based on information and records collected in carrying out the local team's duties, including data that contains personal or incident identifiers. Such agreements shall provide for the protection of the security and confidentiality of the information, including access limitations, storage, and destruction of the information. The confidentiality provisions of the Overdose Fatality Review Teams Act shall apply to the activities of the data storage entity.
Source
Laws 2023, LB227, § 89.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3433 - Local team meetings; confidentiality form; participation requirements; disclosures prohibited; information and records; release permitted; limitations; testify at proceedings; prohibited.

71-3433.
Local team meetings; confidentiality form; participation requirements; disclosures prohibited; information and records; release permitted; limitations; testify at proceedings; prohibited.
(1) Each local team member and any nonmember in attendance at a meeting shall sign a confidentiality form and review the purposes and goals of the local team before they may participate in the meeting or review. The form shall set out the requirements for maintaining the confidentiality of any information disclosed during the meeting and the penalties associated with failure to maintain such confidentiality.
(2) Except as necessary to carry out the local team's purposes and duties, members of the local team and individuals attending a team meeting shall not disclose any discussion among team members at a meeting and shall not disclose any information prohibited from disclosure by the Overdose Fatality Review Teams Act.
(3) De-identified information and records obtained by a local team may be released to a researcher, research organization, university, institution, or governmental agency for the purpose of conducting scientific, medical, or public health research upon proof of identity and execution of a confidentiality agreement as provided in this section. Such release shall provide for a written agreement with the department providing protection of the security of the information, including access limitations, and the storage, destruction, and use of the information. The release of such information pursuant to this subsection shall not make otherwise confidential information a public record.
(4) Members of a local team and individuals attending a team meeting shall not testify in any civil, administrative, licensure, or criminal proceeding, including depositions, regarding information reviewed in or an opinion formed as a result of a team meeting. This subsection shall not be construed to prevent a person from testifying to information obtained independently of the team or that is public information.
(5) Conclusions, findings, recommendations, information, documents, and records of a local team shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that conclusions, findings, recommendations, information, documents, and records otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of a local team or are maintained by a local team.
Source
Laws 2023, LB227, § 90.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3434 - Provision of information and records; immunity.

71-3434.
Provision of information and records; immunity.
Any person that in good faith provides information or records to a local team shall not be subject to civil or criminal liability or any professional disciplinary action as a result of providing the information or record.
Source
Laws 2023, LB227, § 91.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3435 - Civil action; authorized; appropriate relief.

71-3435.
Civil action; authorized; appropriate relief.
A person aggrieved by the intentional or knowing disclosure of confidential information in violation of the Overdose Fatality Review Teams Act by a local team, its members, or a person in attendance at a local team meeting may bring a civil action for appropriate relief against the person who committed such violation. Appropriate relief in an action under this section shall include:
(1) Damages;
(2) Such preliminary and other equitable or declaratory relief as may be appropriate; and
(3) Reasonable attorney's fees and other litigation costs reasonably incurred.
Source
Laws 2023, LB227, § 92.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3436 - Confidentiality requirements; violation; penalty.

71-3436.
Confidentiality requirements; violation; penalty.
A person who intentionally or knowingly violates the confidentiality requirements of the Overdose Fatality Review Teams Act is guilty of a Class II misdemeanor.
Source
Laws 2023, LB227, § 93.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3437 - Rules and regulations.

71-3437.
Rules and regulations.
The department may adopt and promulgate such rules and regulations as are necessary to carry out the Overdose Fatality Review Teams Act.
Source
Laws 2023, LB227, § 94.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3501 - Public policy.

71-3501.
Public policy.
It is the policy of the State of Nebraska in furtherance of its responsibility to protect occupational and public health and safety and the environment:
(1) To institute and maintain a regulatory program for sources of radiation so as to provide for:
(a) Compatibility and equivalency with the standards and regulatory programs of the federal government;
(b) A single effective system of regulation within the state; and
(c) A system consonant insofar as possible with those of other states;
(2) To institute and maintain a program to permit development and utilization of sources of radiation for peaceful purposes consistent with the protection of occupational and public health and safety and the environment;
(3) To provide for the availability of capacity either within or outside the state for the management of low-level radioactive waste generated within the state, except for waste generated as a result of defense or federal research and development activities, and to recognize that such radioactive waste can be most safely and efficiently managed on a regional basis; and
(4) To maximize the protection practicable for the citizens of Nebraska from radon or its decay products by establishing requirements for (a) appropriate qualifications for persons providing measurement and mitigation services of radon or its decay products and (b) radon mitigation system installations.
Source
Laws 1963, c. 406, § 1, p. 1296;
Laws 1975, LB 157, § 1;
Laws 1984, LB 716, § 1;
Laws 1987, LB 390, § 2;
Laws 1993, LB 536, § 82;
Laws 1995, LB 406, § 40;
Laws 2007, LB463, § 1207.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3502 - Purpose of act; programs provided.

71-3502.
Purpose of act; programs provided.
It is the purpose of the Radiation Control Act to effectuate the policies set forth in section 71-3501 by providing for:
(1) A program of effective regulation of sources of radiation for the protection of occupational and public health and safety and the environment;
(2) A program to promote an orderly regulatory pattern within the state, among the states, and between the federal government and the state and facilitate intergovernmental cooperation with respect to use and regulation of sources of radiation to the end that duplication of regulation may be minimized;
(3) A program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to sources of radiation; and
(4) A program to permit maximum utilization of sources of radiation consistent with the health and safety of the public.
Source
Laws 1963, c. 406, § 2, p. 1296;
Laws 1975, LB 157, § 2;
Laws 1984, LB 716, § 2;
Laws 1987, LB 390, § 3;
Laws 1995, LB 406, § 41;
Laws 2007, LB463, § 1208.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3502.01 - Radon mitigation program; authorized.

71-3502.01.
Radon mitigation program; authorized.
The department may establish an alternative maximum contaminant level for radon in drinking water by establishing a multimedia radon mitigation program as provided under federal law which may include public education, testing, training, technical assistance, remediation grants, and loan or incentive programs. The purpose of the radon mitigation program shall be to achieve health risk reduction benefits equal to or greater than the health risk reduction benefits that would be achieved if each public water system in the state complied with the maximum contaminant level of three hundred picocuries per liter.
Source
Laws 2001, LB 668, § 1;
Laws 2007, LB296, § 565.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3508 - Radiation; possession or use; records; contents; user of sources of radiation; qualifications; exemptions.

71-3508.
Radiation; possession or use; records; contents; user of sources of radiation; qualifications; exemptions.
(1) The department shall require each person who possesses or uses a source of radiation to maintain records relating to its receipt, storage, transfer, or disposal and such other records as the department may require subject to such exemptions as may be provided by rules or regulations. These records shall be made available for inspection by or copies shall be submitted to the department on request.
(2) The department shall require each person who possesses or uses a source of radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules and regulations of the department. Copies of these records and those required to be kept by subsection (1) of this section shall be submitted to the department on request. Any person possessing or using a source of radiation shall furnish to each employee for whom personnel monitoring is required a copy of each employee's personal exposure record at any time such employee has received exposure in excess of the amount specified in the rules and regulations of the department and upon termination of employment. A copy of the annual exposure record shall be furnished to the employee as required under rules and regulations adopted under the Radiation Control Act.
(3) The department may adopt and promulgate rules and regulations establishing qualifications pertaining to the education, knowledge of radiation safety procedures, training, experience, utilization, facilities, equipment, and radiation protection program that an individual user of sources of radiation shall possess prior to using any source of radiation or radiation-generating equipment. Individuals who are currently licensed in the State of Nebraska as podiatrists, chiropractors, dentists, physicians and surgeons, osteopathic physicians, physician assistants, and veterinarians shall be exempt from the rules and regulations of the department pertaining to the qualifications of persons for the use of X-ray radiation-generating equipment operated for diagnostic purposes.
Source
Laws 1963, c. 406, § 8, p. 1303;
Laws 1975, LB 157, § 8;
Laws 1978, LB 814, § 6;
Laws 1980, LB 816, § 1;
Laws 1987, LB 390, § 8;
Laws 1989, LB 342, § 35;
Laws 1995, LB 406, § 45;
Laws 1996, LB 1108, § 21.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3508.02 - Acquisition of sites; use; management.

71-3508.02.
Acquisition of sites; use; management.
(1) Lands and appurtenances which are used for the management of low-level radioactive waste shall be acquired and held in fee simple absolute by the licensed facility operator so long as such ownership does not preclude licensure or operation of the facility under federal law and until title to the land and appurtenances is transferred to the state pursuant to subsection (1) of section 81-15,102. Such lands and appurtenances shall be used exclusively for the disposal of low-level radioactive waste until the department determines that such exclusive use is not required to protect the occupational and public health and safety or the environment. Before such site is leased for other use, the radioactive waste history of the site shall be recorded in the permanent land records of the site.
(2) The department may contract with third parties for management of a low-level radioactive waste site. A contractor shall be subject to the surety and long-term care funding provisions of section 71-3508.04 and to appropriate licensing by the federal Nuclear Regulatory Commission or by the department.
Source
Laws 1987, LB 390, § 10;
Laws 1994, LB 72, § 1;
Laws 1996, LB 1201, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3508.03 - Fees; costs; use; exemptions; failure to pay; effect.

71-3508.03.
Fees; costs; use; exemptions; failure to pay; effect.
(1) The department shall establish by rule and regulation annual fees for the radioactive materials licenses, for inspections of radioactive materials, for the registration and inspection of radiation-generating equipment and other sources of radiation, and for radon measurement and mitigation business licenses and inspections of radon mitigation systems installations under the Radiation Control Act. The annual fee for registration and inspection of X-ray radiation generating equipment used to diagnose conditions in humans or animals shall not exceed four hundred dollars per X-ray machine. The department shall also establish by rule and regulation additional fees for environmental surveillance activities performed by the department to assess the radiological impact of activities conducted by licensees and registrants. Such activities shall not duplicate surveillance programs approved by the federal Nuclear Regulatory Commission and conducted by entities licensed by such commission. No fee shall exceed the actual cost to the department for administering the act. The fees collected shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund and shall be used solely for the purpose of defraying the direct and indirect costs of administering the act. The department shall collect such fees.
(2) The department may, upon application by an interested person or on its own initiative, grant such exemptions from the requirements of this section as it determines are in the public interest. Applications for exemption under this subsection may include, but shall not be limited to, the use of licensed materials for educational or noncommercial displays or scientific collections.
(3) When a registrant or licensee fails to pay the applicable fee, the department may suspend or revoke the registration or license or may issue an appropriate order.
(4) The department shall establish and collect fees for licenses for individuals engaged in radon detection, measurement, and mitigation as provided in sections 38-151 to 38-157.
Source
Laws 1987, LB 390, § 11;
Laws 1990, LB 1064, § 20;
Laws 1993, LB 536, § 85;
Laws 1996, LB 1044, § 654;
Laws 2002, LB 1021, § 73;
Laws 2003, LB 242, § 114;
Laws 2007, LB296 § 569;
Laws 2007, LB463, § 1212;
Laws 2008, LB928, § 27.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3509 - Sources of radiation; agreements with federal agency; Governor; license; expiration.

71-3509.
Sources of radiation; agreements with federal agency; Governor; license; expiration.
(1) The Governor, on behalf of this state, may enter into agreements with the federal Nuclear Regulatory Commission pursuant to the federal Atomic Energy Act of 1954, section 274b, as amended, providing for discontinuance of certain of such commission's licensing and related regulatory authority with respect to byproduct material, source material, and special nuclear material and the assumption of regulatory authority for such materials by this state.
(2) The department may, upon discontinuance of certain of such commission's licensing and related regulatory authority with respect to byproduct material, source material, and special nuclear material and the assumption of regulatory authority for such materials by the state, cause to be licensed by the department such materials over which the state has assumed licensing and related regulatory authority under the terms of the agreement authorized in subsection (1) of this section.
(3) Any person who, on the effective date of an agreement under subsection (1) of this section, possesses a license issued by the federal Nuclear Regulatory Commission for radioactive material subject to the agreement shall be deemed to possess a license like those issued under the Radiation Control Act. Such license shall expire either ninety days after receipt from the department of a notice of expiration of such license, or on the date of expiration specified in the federal Nuclear Regulatory Commission license, whichever is the earlier.
Source
Laws 1963, c. 406, § 9, p. 1303;
Laws 1975, LB 157, § 9;
Laws 1987, LB 390, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3510 - Federal government; other states; agreements; control of sources of radiation; department; powers.

71-3510.
Federal government; other states; agreements; control of sources of radiation; department; powers.
(1) The department may enter into an agreement or agreements with the federal Nuclear Regulatory Commission pursuant to the federal Atomic Energy Act of 1954, section 274i, as amended, other federal governmental agencies as authorized by law, other states, or interstate agencies whereby this state will perform on a cooperative basis with the federal Nuclear Regulatory Commission, other federal governmental agencies, other states, or interstate agencies inspections or other functions relating to control of sources of radiation.
(2) The department may institute training programs for the purpose of qualifying personnel to carry out the Radiation Control Act and may make such personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of such act.
Source
Laws 1963, c. 406, § 10, p. 1304;
Laws 1975, LB 157, § 10;
Laws 1987, LB 390, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3511 - Radiation; ordinance, resolution, or regulation; superseded; when.

71-3511.
Radiation; ordinance, resolution, or regulation; superseded; when.
Any ordinance, resolution, or regulation, now or hereafter in effect, of the governing body of a municipality, county, or state agency relating to sources of radiation that is inconsistent with the Radiation Control Act, amendments thereto, or rules and regulations adopted and promulgated pursuant to the act is superseded by the act.
Source
Laws 1963, c. 406, § 11, p. 1304;
Laws 1975, LB 157, § 11;
Laws 1984, LB 716, § 4;
Laws 1987, LB 390, § 15.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3514 - Violation of act; remedies.

71-3514.
Violation of act; remedies.
Whenever, in the judgment of the department, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of the Radiation Control Act or any rule, regulation, or order issued pursuant to the act, the Attorney General or any county attorney may make application to the district court for an order enjoining such acts or practices or for an order directing compliance, and upon a showing by the department that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
Source
Laws 1963, c. 406, § 14, p. 1305;
Laws 1987, LB 390, § 17.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3514.01 - Deliberate misconduct; intentional misinformation; prohibited.

71-3514.01.
Deliberate misconduct; intentional misinformation; prohibited.
(1) Any licensee, registrant, applicant for a license or registration, employee of a licensee or registrant, contractor or subcontractor of a licensee, registrant, or applicant for a license or registration, or employee of any contractor or subcontractor of a licensee, registrant, or applicant for a license or registration, who knowingly provides to any licensee, registrant, applicant, contractor, or subcontractor any components, equipment, materials, or other goods or services that relate to a licensee's, registrant's, or applicant's activities covered by the Radiation Control Act, shall not (a) engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, registrant, or applicant to be in violation of any rule, regulation, or order or any term, condition, or limitation of any license or registration issued by the department or (b) intentionally submit to the department, a licensee, a registrant, an applicant, or a licensee's, registrant's, or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the department.
(2) Any person who violates this section is subject to section 71-3517.
Source
Laws 2002, LB 1021, § 74.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3515 - Radiation; acts; registration or license required.

71-3515.
Radiation; acts; registration or license required.
It shall be unlawful for any person to use, manufacture, produce, distribute, sell, transport, transfer, install, repair, receive, acquire, own, or possess any source of radiation unless registered with or licensed by the department as required by the Medical Radiography Practice Act or section 71-3505, 71-3507, or 71-3509.
Source
Laws 1963, c. 406, § 15, p. 1306;
Laws 1975, LB 157, § 13;
Laws 1978, LB 814, § 7;
Laws 1984, LB 716, § 5;
Laws 1987, LB 390, § 18;
Laws 2007, LB463, § 1213.
Cross References
Medical Radiography Practice Act, see section 38-1901.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3516 - Emergency; impounding sources of radiation; department; powers.

71-3516.
Emergency; impounding sources of radiation; department; powers.
(1) The department shall have the authority in the event of an emergency affecting occupational or public health and safety or the environment to impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of the Radiation Control Act or any rules or regulations issued pursuant to such act.
(2) Any source of radiation impounded by the department is declared to be a common nuisance and cannot be subject to a replevin action.
(3) Possession of an impounded source of radiation shall be determined by section 71-3516.01.
Source
Laws 1963, c. 406, § 16, p. 1306;
Laws 1975, LB 157, § 14;
Laws 1987, LB 390, § 19;
Laws 2006, LB 994, § 106.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3518 - License or registration; common carrier exempt.

71-3518.
License or registration; common carrier exempt.
Nothing in the Radiation Control Act shall be deemed to require the licensing or registration by any common carrier, contract carrier, private carrier, railway freight carrier, or railway express carrier transporting, storing, or handling any of the materials described in such act in the ordinary course of such carrier's business.
Source
Laws 1963, c. 406, § 18, p. 1306;
Laws 1987, LB 390, § 21.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3518.01 - Existing rules, regulations, licenses, forms of approval, suits, other proceedings; how treated.

71-3518.01.
Existing rules, regulations, licenses, forms of approval, suits, other proceedings; how treated.
(1) All rules and regulations adopted prior to December 1, 2008, under the Radiation Control Act shall continue to be effective to the extent not in conflict with the changes made by Laws 2007, LB 463.
(2) All licenses or other forms of approval issued prior to December 1, 2008, in accordance with the Radiation Control Act shall remain valid as issued for purposes of the changes made by Laws 2007, LB 463, unless revoked or otherwise terminated by law.
(3) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to December 1, 2008, under the Radiation Control Act shall be subject to the provisions of the act as they existed prior to December 1, 2008.
Source
Laws 2007, LB463, § 1215.