reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5653 - Terms, defined.

71-5653.
Terms, defined.
For purposes of the Rural Health Systems and Professional Incentive Act:
(1) Approved medical specialty means family practice, general practice, general internal medicine, general pediatrics, general surgery, obstetrics/gynecology, and psychiatry;
(2) Approved dental specialty means general practice, pediatric dentistry, and oral surgery;
(3) Approved mental health practice program means an approved educational program consisting of a master's or doctorate degree with the focus being primarily therapeutic mental health and meeting the educational requirements for licensure in mental health practice or psychology by the department;
(4) Commission means the Nebraska Rural Health Advisory Commission;
(5) Department means the Division of Public Health of the Department of Health and Human Services;
(6) Doctorate-level mental health student means a graduate student enrolled in or accepted for enrollment in an approved mental health practice program leading to a doctorate degree and meeting the educational requirements for licensure in psychology by the department;
(7) Full-time practice means a minimum of forty hours per week;
(8) Health care means both somatic and mental health care services;
(9) Master's level mental health student means a graduate student enrolled in or accepted for enrollment in an approved mental health practice program leading to a master's degree and meeting the educational requirements for licensure in mental health practice by the department;
(10) Office means the Office of Rural Health;
(11) Part-time practice means less than full-time practice but at least twenty hours per week;
(12) Qualified educational debts means government and commercial student-loan loans obtained by students for postsecondary education tuition, other educational expenses, and reasonable living expenses, as determined by the department, but does not include loans received under the act; and
(13) Rural means located within any county in Nebraska having a population of less than fifteen thousand inhabitants and not included within a metropolitan statistical area as defined by the United States Department of Commerce, Bureau of the Census.
Source
Laws 1991, LB 400, § 4;
Laws 1992, LB 573, § 10;
Laws 1994, LB 1223, § 56;
Laws 1996, LB 1044, § 727;
Laws 1996, LB 1155, § 48;
Laws 1998, LB 1073, § 153;
Laws 2000, LB 1115, § 80;
Laws 2004, LB 1005, § 101;
Laws 2005, LB 301, § 54;
Laws 2007, LB296, § 625;
Laws 2015, LB196, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5654 - Nebraska Rural Health Advisory Commission; created; members; appointment; terms.

71-5654.
Nebraska Rural Health Advisory Commission; created; members; appointment; terms.
The Nebraska Rural Health Advisory Commission is hereby created as the direct and only successor to the Commission on Rural Health Manpower. The Nebraska Rural Health Advisory Commission shall consist of thirteen members as follows:
(1) The Director of Public Health of the Division of Public Health or his or her designee and another representative of the Department of Health and Human Services; and
(2) Eleven members to be appointed by the Governor with the advice and consent of the Legislature as follows:
(a) One representative of each medical school located in the state involved in training family physicians and one physician in family practice residency training; and
(b) From rural areas one physician, one consumer representative, one hospital administrator, one nursing home administrator, one nurse, one physician assistant, one mental health practitioner or psychologist licensed under the requirements of section 38-3114 or the equivalent thereof, and one dentist.
Members shall serve for terms of three years. When a vacancy occurs, appointment to fill the vacancy shall be made for the balance of the term. All appointed members shall be citizens and residents of Nebraska. The appointed membership of the commission shall, to the extent possible, represent the three congressional districts equally.
Source
Laws 1991, LB 400, § 5;
Laws 1996, LB 1044, § 728;
Laws 1996, LB 1155, § 49;
Laws 1997, LB 577, § 1;
Laws 2001, LB 411, § 1;
Laws 2004, LB 1005, § 102;
Laws 2007, LB296, § 626;
Laws 2007, LB463, § 1233.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5655 - Commission; purpose.

71-5655.
Commission; purpose.
The purpose of the commission shall be to advise the department, the Legislature, the Governor, the University of Nebraska, and the citizens of Nebraska regarding all aspects of rural health care and to advise the office regarding the administration of the Rural Health Systems and Professional Incentive Act.
Source
Laws 1991, LB 400, § 6;
Laws 1996, LB 1044, § 729;
Laws 1998, LB 1073, § 154;
Laws 2005, LB 301, § 55;
Laws 2007, LB296, § 627.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5656 - Commission; officers.

71-5656.
Commission; officers.
The commission shall annually elect from among its members a chairperson and a vice-chairperson. The commission shall receive assistance from the staff of the office.
Source
Laws 1991, LB 400, § 7;
Laws 1996, LB 1044, § 730;
Laws 1998, LB 1073, § 155.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5657 - Commission members; expenses.

71-5657.
Commission members; expenses.
Members of the commission shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177 from funds appropriated for the Rural Health Systems and Professional Incentive Act.
Source
Laws 1991, LB 400, § 8;
Laws 2020, LB381, § 68.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5658 - Commission; meetings; quorum.

71-5658.
Commission; meetings; quorum.
The commission shall hold at least four meetings a year, at times and places fixed by the commission. At least one meeting each year shall be held at a site other than Lincoln or Omaha. A majority of the members of the commission shall constitute a quorum.
Source
Laws 1991, LB 400, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5659 - Commission; powers and duties.

71-5659.
Commission; powers and duties.
The commission shall have the following powers and duties:
(1) Advise the department regarding the development and implementation of a state rural health policy;
(2) Advise the department and other appropriate parties in all matters relating to rural health care;
(3) Serve as an advocate for rural Nebraska in health care issues;
(4) Maintain liaison with all agencies, groups, and organizations concerned with rural health care in order to facilitate integration of efforts and commonality of goals;
(5) Identify problems in the delivery of health care in rural Nebraska, in the education and training of health care providers in rural Nebraska, in the regulation of health care providers and institutions in rural Nebraska, and in any other matters relating to rural health care;
(6) Prepare recommendations to the appropriate bodies to alleviate the problems identified;
(7) Advise the department regarding the Rural Health Systems and Professional Incentive Act;
(8) Designate health profession shortage areas in Nebraska; and
(9) Select recipients of financial incentives available under the act.
Source
Laws 1991, LB 400, § 10;
Laws 1994, LB 1223, § 57.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5661 - Financial incentives; funding; Rural Health Professional Incentive Fund; created; use; investment.

71-5661.
Financial incentives; funding; Rural Health Professional Incentive Fund; created; use; investment.
(1) The financial incentives provided by the Rural Health Systems and Professional Incentive Act shall consist of (a) student loans to eligible students for attendance at an eligible school as determined pursuant to section 71-5662, (b) the repayment of qualified educational debts owed by physicians and psychiatrists in an approved medical specialty residency program in Nebraska as determined pursuant to section 71-5662, and (c) the repayment of qualified educational debts owed by eligible health professionals as determined pursuant to section 71-5662. Funds for such incentives shall be appropriated from the General Fund to the department for such purposes.
(2) The Rural Health Professional Incentive Fund is created. The fund shall be used to carry out the purposes of the act, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Money credited pursuant to section 71-5670.01 and payments received pursuant to sections 71-5666, 71-5668, and 71-5669.01 shall be remitted to the State Treasurer for credit to the Rural Health Professional Incentive Fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1991, LB 400, § 12;
Laws 1994, LB 1223, § 58;
Laws 1995, LB 7, § 79;
Laws 1996, LB 1155, § 50;
Laws 1999, LB 242, § 1;
Laws 2001, LB 214, § 3;
Laws 2004, LB 1005, § 103;
Laws 2009, First Spec. Sess., LB3, § 46;
Laws 2015, LB196, § 4;
Laws 2023, LB50, § 36.
Effective Date: September 2, 2023
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5662 - Student loan; medical resident incentive; loan repayment; eligibility.

71-5662.
Student loan; medical resident incentive; loan repayment; eligibility.
(1) To be eligible for a student loan under the Rural Health Systems and Professional Incentive Act, an applicant or a recipient shall be enrolled or accepted for enrollment in an accredited medical or dental education program or physician assistant education program or an approved mental health practice program in Nebraska.
(2) To be eligible for the medical resident incentive under the act, an applicant or a recipient shall be enrolled or accepted for enrollment in an approved medical specialty residency program in Nebraska.
(3) To be eligible for loan repayment under the act, an applicant or a recipient shall be a pharmacist, a dentist, a physical therapist, an occupational therapist, a mental health practitioner, a psychologist licensed under the requirements of section 38-3114 or the equivalent thereof, a nurse practitioner, a physician assistant, a psychiatrist, or a physician in an approved specialty and shall be licensed to practice in Nebraska, not be enrolled in a residency program, not be practicing under a provisional or temporary license, and enter practice in a designated health profession shortage area in Nebraska.
Source
Laws 1991, LB 400, § 13;
Laws 1994, LB 1223, § 59;
Laws 1996, LB 1155, § 51;
Laws 1997, LB 577, § 2;
Laws 2000, LB 1115, § 81;
Laws 2004, LB 1005, § 104;
Laws 2007, LB463, § 1234;
Laws 2008, LB797, § 19;
Laws 2015, LB196, § 5;
Laws 2023, LB50, § 37.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5664 - Financial incentives; commission; considerations.

71-5664.
Financial incentives; commission; considerations.
In screening applicants for financial incentives, the commission shall consider the following factors:
(1) Motivation to practice in a health profession shortage area in Nebraska;
(2) Motivation and preference toward an approved specialty; and
(3) Other factors that would influence a choice to practice in a health profession shortage area in Nebraska.
The commission shall select recipients who are most likely to practice in a health profession shortage area in Nebraska.
Source
Laws 1991, LB 400, § 15;
Laws 1994, LB 1223, § 61;
Laws 1996, LB 1155, § 52.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5665 - Commission; designate health profession shortage areas; factors.

71-5665.
Commission; designate health profession shortage areas; factors.
The commission shall periodically designate health profession shortage areas within the state for the following professions: Medicine and surgery, psychiatry, physician assistants' practice, nurse practitioners' practice, psychology, and mental health practitioners' practice. The commission shall also periodically designate separate health profession shortage areas for each of the following professions: Pharmacy, dentistry, physical therapy, and occupational therapy. In making such designations the commission shall consider, after consultation with other appropriate agencies concerned with health services and with appropriate professional organizations, among other factors:
(1) The latest reliable statistical data available regarding the number of health professionals practicing in an area and the population to be served by such practitioners;
(2) Inaccessibility of health care services to residents of an area;
(3) Particular local health problems;
(4) Age or incapacity of local practitioners rendering services; and
(5) Demographic trends in an area both past and future.
Source
Laws 1991, LB 400, § 16;
Laws 1994, LB 1223, § 62;
Laws 1996, LB 1155, § 53;
Laws 1997, LB 577, § 4;
Laws 2000, LB 1115, § 83;
Laws 2004, LB 1005, § 106;
Laws 2008, LB797, § 21;
Laws 2023, LB50, § 39.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5667 - Agreements under prior law; renegotiation.

71-5667.
Agreements under prior law; renegotiation.
Agreements executed prior to July 1, 2007, under the Rural Health Systems and Professional Incentive Act may be renegotiated and new agreements executed to reflect the terms required by section 71-5666. No funds repaid by borrowers under the terms of agreements executed prior to July 1, 2007, shall be refunded. Any repayments being made under the terms of prior agreements may be discontinued upon execution of a new agreement if conditions permit. Any agreement renegotiated pursuant to this section shall be exempt from the requirements of sections 73-501 to 73-510.
Source
Laws 1991, LB 400, § 18;
Laws 1996, LB 1155, § 55;
Laws 2007, LB374, § 2;
Laws 2009, LB196, § 2;
Laws 2012, LB858, § 2;
Laws 2015, LB196, § 8.
Note:
The Nebraska Medical Student Assistance Act, sections 71-5613 to 71-5645, was repealed by Laws 1991, LB 400, § 26.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5669 - Loan repayment program; office; duties.

71-5669.
Loan repayment program; office; duties.
The office shall develop guidelines for community participation in the loan repayment program. The office shall provide consultation to potential community participants and facilitate the matching of communities and health professionals.
Source
Laws 1991, LB 400, § 20;
Laws 1994, LB 1223, § 65;
Laws 1996, LB 1155, § 57.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5669.01 - Medical resident incentive recipient; agreement; contents.

71-5669.01.
Medical resident incentive recipient; agreement; contents.
Each medical resident incentive recipient shall execute an agreement with the department. Such agreement shall be exempt from the requirements of sections 73-501 to 73-510 and shall include, at a minimum, the following terms:
(1) The medical resident incentive recipient agrees to practice an approved medical specialty the equivalent of one year of full-time practice in a designated health profession shortage area, or for a longer period as required by subdivision (4)(b) of section 71-5663, and to accept medicaid patients in his or her practice;
(2) In consideration of the agreement by the medical resident incentive recipient, the State of Nebraska will provide funding for the repayment of the recipient's qualified educational debts, in amounts up to forty thousand dollars per year for up to three years while in an approved medical specialty residency program in Nebraska, or for a longer period as required by subdivision (4)(b) of section 71-5663. The department shall make payments directly to the medical resident incentive recipient;
(3) If the medical resident incentive recipient extends his or her residency training but not in an approved specialty, practices an approved specialty in Nebraska but not in a designated health profession shortage area, practices a specialty other than an approved specialty in Nebraska, does not practice the profession for which the loan was given, discontinues practice of the profession for which the loan was given, or practices outside Nebraska, the medical resident incentive recipient shall repay to the state one hundred fifty percent of the outstanding loan principal with interest at a rate of eight percent simple interest per year from the date of default. Such repayment shall commence within six months of the completion or discontinuation of an approved specialty residency training in Nebraska and shall be completed within a period not to exceed twice the number of years for which the medical resident incentive recipient received awards;
(4) Any practice or payment obligation incurred by the medical resident incentive recipient under the medical resident incentive program is canceled in the event of the medical resident incentive recipient's total and permanent disability or death; and
(5) For a medical resident incentive recipient seeking benefits under subdivision (4)(b) of section 71-5663, the recipient agrees to such other terms as the department deems appropriate.
Source
Laws 2015, LB196, § 10;
Laws 2023, LB50, § 42.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5670.01 - Rural Health Opportunities Loan Pool Fund; transfers.

71-5670.01.
Rural Health Opportunities Loan Pool Fund; transfers.
On and after August 28, 1999, any money remaining in the Rural Health Opportunities Loan Pool Fund and any money remitted to the State Treasurer for credit to such fund shall be credited by the State Treasurer to the Rural Health Professional Incentive Fund created under section 71-5661 and used to carry out the purposes of the Rural Health Systems and Professional Incentive Act.
Source
Laws 1999, LB 242, § 2.
Cross References
Rural Health Systems and Professional Incentive Act, see section 71-5650.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5680 - Rural Behavioral Health Training and Placement Program Act; act, how cited.

71-5680.
Rural Behavioral Health Training and Placement Program Act; act, how cited.
Sections 71-5680 to 71-5683 shall be known and may be cited as the Rural Behavioral Health Training and Placement Program Act.
Source
Laws 2006, LB 994, § 38.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5681 - Legislative findings and declarations.

71-5681.
Legislative findings and declarations.
The Legislature hereby finds and declares that:
(1) Eighty-eight of Nebraska's ninety-three counties are classified as mental and behavioral health profession shortage areas by the federal Health Resources and Services Administration and the Nebraska Department of Health and Human Services;
(2) The Department of Health and Human Services reports that seventy-four percent of the state's psychiatrists, psychologists, and licensed mental health practitioners live and practice in the urban areas of Omaha and Lincoln, which leaves the remaining seventy-two thousand square miles of Nebraska to be covered by approximately one-fourth of the professionals licensed to practice behavioral health in Nebraska;
(3) Thirty-eight Nebraska counties have one or no licensed behavioral health professional; and
(4) Reductions in federal funding will result in the elimination of over five thousand five hundred behavioral health patient visits in rural Nebraska.
Source
Laws 2006, LB 994, § 39;
Laws 2007, LB296, § 628.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5682 - Rural Behavioral Health Training and Placement Program; created.

71-5682.
Rural Behavioral Health Training and Placement Program; created.
The Rural Behavioral Health Training and Placement Program is created and shall be administered by the Munroe-Meyer Institute at the University of Nebraska Medical Center. The program shall address behavioral health professional shortages in rural areas by:
(1) Offering service learning opportunities for behavioral health professionals to provide integrated mental health services in rural areas;
(2) Educating physicians to integrate behavioral health into primary care practice;
(3) Providing outreach clinical training opportunities in rural areas for interns, fellows, and graduate students from public and private universities and colleges in Nebraska that offer behavioral health graduate education; and
(4) Placing program graduates in primary care practices for the purpose of providing behavioral health patient visits.
Source
Laws 2006, LB 994, § 40.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5683 - Funding under act; use.

71-5683.
Funding under act; use.
Funding under the Rural Behavioral Health Training and Placement Program Act shall support:
(1) Faculty clinical training activities;
(2) Internship stipends for behavioral health interns and postdoctoral fellows; and
(3) Training and service provision expenses, including, but not limited to, travel to rural clinic sites, equipment, clinic space, patient-record management, scheduling, and telehealth supervision.
Source
Laws 2006, LB 994, § 41.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5714 - Tobacco Prevention and Control Program; created.

71-5714.
Tobacco Prevention and Control Program; created.
The Tobacco Prevention and Control Program is created as a comprehensive statewide tobacco-related public health program administered by the Department of Health and Human Services. The program includes, but is not limited to (1) community programs to reduce tobacco use, (2) chronic disease programs, (3) school programs, (4) statewide programs, (5) enforcement, (6) counter marketing, (7) cessation programs, (8) surveillance and evaluation, and (9) administration.
The State Treasurer shall transfer, on July 1, 2016, the unobligated balance in the Tobacco Prevention and Control Cash Fund to the Nebraska Health Care Cash Fund.
Source
Laws 2000, LB 1436, § 3;
Laws 2002, LB 1310, § 8;
Laws 2003, LB 412, § 3;
Laws 2005, LB 301, § 56;
Laws 2007, LB296, § 633;
Laws 2009, First Spec. Sess., LB2, § 2;
Laws 2009, First Spec. Sess., LB3, § 47;
Laws 2016, LB957, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5716 - Act, how cited.

71-5716.
Act, how cited.
Sections 71-5716 to 71-5735 shall be known and may be cited as the Nebraska Clean Indoor Air Act.
Source
Laws 2008, LB395, § 1;
Laws 2015, LB118, § 8;
Laws 2020, LB840, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5717 - Purpose of act.

71-5717.
Purpose of act.
The purpose of the Nebraska Clean Indoor Air Act is to protect the public health and welfare by prohibiting smoking in public places and places of employment with limited exceptions for guestrooms and suites, research, tobacco retail outlets, electronic smoking device retail outlets, and cigar shops. The limited exceptions permit smoking in public places where the public would reasonably expect to find persons smoking, including guestrooms and suites which are subject to expectations of privacy like private residences, institutions engaged in research related to smoking, and tobacco retail outlets, electronic smoking device retail outlets, and cigar shops which provide the public legal retail outlets to sample, use, and purchase tobacco products and products related to smoking. The act shall not be construed to prohibit or otherwise restrict smoking in outdoor areas. The act shall not be construed to permit smoking where it is prohibited or otherwise restricted by other applicable law, ordinance, or resolution. The act shall be liberally construed to further its purpose.
Source
Laws 2008, LB395, § 2;
Laws 2015, LB118, § 9;
Laws 2020, LB840, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5718 - Definitions, where found.

71-5718.
Definitions, where found.
For purposes of the Nebraska Clean Indoor Air Act, the definitions found in sections 71-5718.01 to 71-5728 apply.
Source
Laws 2008, LB395, § 3;
Laws 2020, LB840, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5718.01 - Electronic smoking device, defined.

71-5718.01.
Electronic smoking device, defined.
Electronic smoking device means an electronic nicotine delivery system as defined in section 28-1418.01. The term includes any such device regardless of whether it is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under any other product name or descriptor. The term also includes any substance that is used in an electronic smoking device. The term does not include a diffuser, humidifier, prescription inhaler, or similar device.
Source
Laws 2020, LB840, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5718.02 - Electronic smoking device retail outlet, defined; persons allowed to enter; employees; age restrictions.

71-5718.02.
Electronic smoking device retail outlet, defined; persons allowed to enter; employees; age restrictions.
(1) Electronic smoking device retail outlet means a store that:
(a) Is licensed as provided under sections 28-1421 and 28-1422;
(b) Sells electronic smoking devices and products directly related to electronic smoking devices;
(c) Does not sell alcohol or gasoline;
(d) Derives no more than twenty percent of its revenue from the sale of food and food ingredients as defined in section 77-2704.24; and
(e) Prohibits persons under twenty-one years of age from entering the store in accordance with subsection (2) of this section.
(2)(a) Prior to January 1, 2022, an electronic smoking device retail outlet shall not allow a person under twenty-one years of age to enter the store but may allow an employee who is under twenty-one years of age to work in the store.
(b) On and after January 1, 2022, an electronic smoking device retail outlet shall not allow a person under twenty-one years of age to enter the store and shall not allow an employee who is under twenty-one years of age to work in the store.
Source
Laws 2020, LB840, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5721 - Employer, defined.

71-5721.
Employer, defined.
Employer means a person, nonprofit entity, sole proprietorship, partnership, joint venture, corporation, limited partnership, limited liability company, cooperative, firm, trust, association, organization, or other business entity, including retail establishments where goods or services are sold, who or which employs one or more employees.
Source
Laws 2008, LB395, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5722 - Guestroom or suite, defined.

71-5722.
Guestroom or suite, defined.
Guestroom or suite means a sleeping room and directly associated private areas, such as a bathroom, a living room, and a kitchen area, if any, rented to the public for their exclusive transient occupancy, including, but not limited to, a guestroom or suite in a hotel, motel, inn, lodge, or other such establishment.
Source
Laws 2008, LB395, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5723 - Indoor area, defined.

71-5723.
Indoor area, defined.
Indoor area means an area enclosed by a floor, a ceiling, and walls on all sides that are continuous and solid except for closeable entry and exit doors and windows and in which less than twenty percent of the total wall area is permanently open to the outdoors. For walls in excess of eight feet in height, only the first eight feet shall be used in determining such percentage.
Source
Laws 2008, LB395, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5724 - Place of employment, defined.

71-5724.
Place of employment, defined.
Place of employment means an indoor area under the control of a proprietor that an employee accesses as part of his or her employment without regard to whether the employee is present or work is occurring at any given time. The indoor area includes, but is not limited to, any work area, employee breakroom, restroom, conference room, meeting room, classroom, employee cafeteria, and hallway. A private residence is a place of employment when such residence is being used as a licensed child care program and one or more children who are not occupants of such residence are present.
Source
Laws 2008, LB395, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5725 - Proprietor, defined.

71-5725.
Proprietor, defined.
Proprietor means any employer, owner, operator, supervisor, manager, or other person who controls, governs, or directs the activities in a place of employment or public place.
Source
Laws 2008, LB395, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5726 - Public place, defined.

71-5726.
Public place, defined.
Public place means an indoor area to which the public is invited or in which the public is permitted, whether or not the public is always invited or permitted. A private residence is not a public place.
Source
Laws 2008, LB395, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5727 - Smoke or smoking, defined.

71-5727.
Smoke or smoking, defined.
Smoke or smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. The term includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form.
Source
Laws 2008, LB395, § 12;
Laws 2020, LB840, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5728 - Tobacco retail outlet, defined.

71-5728.
Tobacco retail outlet, defined.
Tobacco retail outlet means a store that sells only tobacco and products directly related to tobacco. Products directly related to tobacco do not include alcohol, coffee, soft drinks, candy, groceries, or gasoline.
Source
Laws 2008, LB395, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5729 - Smoking in place of employment or public place prohibited.

71-5729.
Smoking in place of employment or public place prohibited.
Except as otherwise provided in section 71-5730, it is unlawful for any person to smoke in a place of employment or a public place.
Source
Laws 2008, LB395, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5731 - Proprietor; duties.

71-5731.
Proprietor; duties.
A proprietor of a place of employment or public place where smoking is prohibited under the Nebraska Clean Indoor Air Act shall take necessary and appropriate steps to ensure compliance with the act at such place.
Source
Laws 2008, LB395, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5732 - Department of Health and Human Services; local public health department; enjoin violations; retaliation prohibited; waiver of act.

71-5732.
Department of Health and Human Services; local public health department; enjoin violations; retaliation prohibited; waiver of act.
(1) The Department of Health and Human Services or a local public health department as defined in section 71-1626 may institute an action in any court with jurisdiction to enjoin a violation of the Nebraska Clean Indoor Air Act. Any interested party may report possible violations of the act to such departments.
(2) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because such employee, applicant, or customer reports or attempts to report a violation of the act.
(3) The Department of Health and Human Services may waive provisions of the Nebraska Clean Indoor Air Act upon good cause shown and shall provide for appropriate protection of the public health and safety in the granting of such waivers.
Source
Laws 2008, LB395, § 17.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5733 - Prohibited acts; penalties; act of employee or agent; how construed.

71-5733.
Prohibited acts; penalties; act of employee or agent; how construed.
(1) A person who smokes in a place of employment or a public place in violation of the Nebraska Clean Indoor Air Act is guilty of a Class V misdemeanor for the first offense and a Class IV misdemeanor for the second and any subsequent offenses. A person charged with such offense may voluntarily participate, at his or her own expense, in a smoking cessation program approved by the Department of Health and Human Services, and such charge shall be dismissed upon successful completion of the program.
(2) A proprietor who fails, neglects, or refuses to perform a duty under the Nebraska Clean Indoor Air Act is guilty of a Class V misdemeanor for the first offense and a Class IV misdemeanor for the second and any subsequent offenses.
(3) Each day that a violation continues to exist shall constitute a separate and distinct violation.
(4) Every act or omission constituting a violation of the Nebraska Clean Indoor Air Act by an employee or agent of a proprietor is deemed to be the act or omission of such proprietor, and such proprietor shall be subject to the same penalty as if the act or omission had been committed by such proprietor.
Source
Laws 2008, LB395, § 18.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5734 - Rules and regulations.

71-5734.
Rules and regulations.
The Department of Health and Human Services shall adopt and promulgate rules and regulations necessary to implement the Nebraska Clean Indoor Air Act. The department shall consult with interested persons and professional organizations before adopting such rules and regulations.
Source
Laws 2008, LB395, § 19.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5735 - Tobacco retail outlet; sign required; waiver signed by employee; form; owner; duties.

71-5735.
Tobacco retail outlet; sign required; waiver signed by employee; form; owner; duties.
(1) The owner of a tobacco retail outlet shall post a sign on all entrances to the tobacco retail outlet, on the outside of each door, in a conspicuous location slightly above or next to the door, with the following statement: SMOKING OF CIGARS AND PIPES IS ALLOWED INSIDE THIS BUSINESS. SMOKING OF CIGARETTES AND ELECTRONIC SMOKING DEVICES IS NOT ALLOWED.
(2) Beginning November 1, 2015, the owner shall provide to the Division of Public Health a copy of a waiver signed prior to employment by each employee on a form prescribed by the division. The waiver shall expressly notify the employee that he or she will be exposed to second-hand smoke, and the employee shall acknowledge that he or she understands the risks of exposure to second-hand smoke.
(3) The owner shall not allow cigarette smoking or the use of an electronic smoking device in the tobacco retail outlet.
Source
Laws 2015, LB118, § 11;
Laws 2020, LB840, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5801 - Act, how cited.

71-5801.
Act, how cited.
Sections 71-5801 to 71-5870 shall be known and may be cited as the Nebraska Health Care Certificate of Need Act.
Source
Laws 1979, LB 172, § 1;
Laws 1982, LB 378, § 1;
Laws 1989, LB 429, § 2;
Laws 1991, LB 244, § 9;
Laws 1993, LB 9, § 1;
Laws 1996, LB 1155, § 58;
Laws 1997, LB 798, § 3.
Annotations
Consideration of a certificate of need application under the Nebraska Health Care Certificate of Need Act is governed by three authorities: (1) The act, (2) department regulations promulgated under the act, and (3) the state health plan. Gramercy Hill Enters. v. State of Nebraska, Department of Health, 255 Neb. 717, 587 N.W.2d 378 (1998).
Under the Nebraska Health Care Certificate of Need Act, need for nursing beds is not synonymous with demand. Need focuses on long-range plans for services to an entire population, while demand connotes an immediate preference on the part of an individual to live in a particular nursing facility. Beatrice Manor v. Department of Health, 219 Neb. 141, 362 N.W.2d 45 (1985).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5803 - Definitions, where found.

71-5803.
Definitions, where found.
For purposes of the Nebraska Health Care Certificate of Need Act, unless the context otherwise requires, the definitions found in sections 71-5803.01 to 71-5803.15 shall be used.
Source
Laws 1979, LB 172, § 3;
Laws 1982, LB 378, § 3;
Laws 1989, LB 429, § 4;
Laws 1991, LB 244, § 10;
Laws 1996, LB 1155, § 59;
Laws 1997, LB 798, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5803.01 - Acute care bed, defined.

71-5803.01.
Acute care bed, defined.
Acute care bed means a bed in a hospital that is or will be licensed under the Health Care Facility Licensure Act for acute care services or a bed that is part of a hospital or unit of a hospital that is excluded from the prospective payment system under Title XVIII of the federal Social Security Act, as amended, as a rehabilitation hospital or rehabilitation unit.
Source
Laws 1997, LB 798, § 5;
Laws 2000, LB 819, § 112.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5803.02 - Ambulatory surgical center, defined.

71-5803.02.
Ambulatory surgical center, defined.
Ambulatory surgical center has the same meaning as in section 71-405.
Source
Laws 1979, LB 172, § 4;
Laws 1989, LB 429, § 5;
Laws 1994, LB 1210, § 145;
R.S.1943, (1996), § 71-5804;
Laws 1997, LB 798, § 6;
Laws 2000, LB 819, § 113.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5803.03 - Certificate of need, defined.

71-5803.03.
Certificate of need, defined.
Certificate of need means a written authorization by the department for a person to implement the project under review.
Source
Laws 1979, LB 172, § 6;
R.S.1943, (1996), § 71-5806;
Laws 1997, LB 798, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5803.04 - Department, defined.

71-5803.04.
Department, defined.
Department means the Department of Health and Human Services.
Source
Laws 1979, LB 172, § 8;
Laws 1996, LB 1044, § 736;
R.S.1943, (1996), § 71-5808;
Laws 1997, LB 798, § 8;
Laws 2007, LB296, § 634.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5803.05 - Assisted-living facility, defined.

71-5803.05.
Assisted-living facility, defined.
Assisted-living facility has the same meaning as in section 71-5903.
Source
Laws 1989, LB 429, § 7;
Laws 1997, LB 608, § 18;
R.S.1943, (1996), § 71-5809.01;
Laws 1997, LB 798, § 9;
Laws 2000, LB 819, § 114;
Laws 2018, LB439, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5803.06 - Health care facility, defined.

71-5803.06.
Health care facility, defined.
Health care facility means hospitals, skilled nursing facilities, intermediate care facilities, and nursing facilities.
Source
Laws 1979, LB 172, § 10;
Laws 1982, LB 378, § 6;
Laws 1989, LB 429, § 8;
Laws 1991, LB 244, § 12;
Laws 1993, LB 121, § 443;
Laws 1994, LB 1210, § 146;
Laws 1996, LB 1155, § 62;
Laws 1997, LB 608, § 19;
R.S.1943, (1996), § 71-5810;
Laws 1997, LB 798, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5803.08 - Hospital, defined.

71-5803.08.
Hospital, defined.
Hospital has the same meaning as in section 71-419.
Source
Laws 1979, LB 172, § 16;
R.S.1943, (1996), § 71-5816;
Laws 1997, LB 798, § 12;
Laws 2000, LB 819, § 115.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5803.09 - Intermediate care facility, intermediate care facility for persons with developmental disabilities, defined.

71-5803.09.
Intermediate care facility, intermediate care facility for persons with developmental disabilities, defined.
Intermediate care facility has the same meaning as in section 71-420 and includes an intermediate care facility for persons with developmental disabilities that has sixteen or more beds. Intermediate care facility for persons with developmental disabilities has the same meaning as in section 71-421.
Source
Laws 1979, LB 172, § 19;
Laws 1988, LB 1100, § 174;
R.S.1943, (1996), § 71-5819;
Laws 1997, LB 798, § 13;
Laws 2000, LB 819, § 116;
Laws 2009, LB511, § 1;
Laws 2013, LB23, § 36.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5803.10 - Long-term care bed, defined.

71-5803.10.
Long-term care bed, defined.
Long-term care bed means a bed in a health care facility that is or will be licensed under the Health Care Facility Licensure Act as a skilled nursing facility, intermediate care facility, nursing facility, or long-term care hospital. Long-term care beds do not include residential care beds, domiciliary beds, or swing beds. For purposes of this section, swing beds means beds which may be used by a hospital for acute or long-term care in a facility located in an area which is not designated as urban by the United States Bureau of the Census and which has up to one hundred beds, excluding beds for newborns and intensive-care-type inpatient units.
Source
Laws 1997, LB 798, § 14;
Laws 2000, LB 819, § 117.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5803.11 - Nursing facility, defined.

71-5803.11.
Nursing facility, defined.
Nursing facility has the same meaning as in section 71-424.
Source
Laws 1991, LB 244, § 11;
R.S.1943, (1996), § 71-5809.02;
Laws 1997, LB 798, § 15;
Laws 2000, LB 819, § 118.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5803.12 - Person, defined.

71-5803.12.
Person, defined.
Person means an individual, a trust or estate, a partnership, a limited liability company, a corporation, including associations, joint-stock companies, and insurance companies, a state, a political subdivision or instrumentality, including a municipal corporation, of a state, or any legal entity recognized by the state.
Source
Laws 1979, LB 172, § 22;
Laws 1982, LB 378, § 13;
Laws 1993, LB 121, § 445;
R.S.1943, (1996), § 71-5822;
Laws 1997, LB 798, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5803.13 - Rehabilitation bed, defined.

71-5803.13.
Rehabilitation bed, defined.
Rehabilitation bed means a bed in a health care facility that is or will be licensed under the Health Care Facility Licensure Act if the bed is in an inpatient facility which is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of medical and other services which are provided under professional supervision and if the bed is part of a hospital or unit of a hospital that is excluded from the prospective payment system under Title XVIII of the federal Social Security Act as a rehabilitation hospital or rehabilitation unit.
Source
Laws 1982, LB 378, § 9;
R.S.1943, (1996), § 71-5818.01;
Laws 1997, LB 798, § 17;
Laws 2000, LB 819, § 119.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5803.15 - Skilled nursing facility, defined.

71-5803.15.
Skilled nursing facility, defined.
Skilled nursing facility has the same meaning as in section 71-429.
Source
Laws 1979, LB 172, § 24;
R.S.1943, (1996), § 71-5824;
Laws 1997, LB 798, § 19;
Laws 2000, LB 819, § 120.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5829.03 - Certificate of need; activities requiring.

71-5829.03.
Certificate of need; activities requiring.
Except as provided in section 71-5830.01, no person, including persons acting for or on behalf of a health care facility, shall engage in any of the following activities without having first applied for and received the necessary certificate of need:
(1) The initial establishment of long-term care beds or rehabilitation beds except as permitted under subdivisions (4) and (5) of this section;
(2) An increase in the long-term care beds of a health care facility by more than ten long-term care beds or more than ten percent of the total long-term care bed capacity of such facility, whichever is less, over a two-year period;
(3) An increase in the rehabilitation beds of a health care facility by more than ten rehabilitation beds or more than ten percent of the total rehabilitation bed capacity of such facility, whichever is less, over a two-year period;
(4) Any initial establishment of long-term care beds through conversion by a hospital of any type of hospital beds to long-term care beds if the total beds converted by the hospital are more than ten beds or more than ten percent of the total bed capacity of such hospital, whichever is less, over a two-year period;
(5) Any initial establishment of rehabilitation beds through conversion by a hospital of any type of hospital beds to rehabilitation beds if the total beds converted by the hospital are more than ten beds or more than ten percent of the total bed capacity of such hospital, whichever is less, over a two-year period; or
(6) Any relocation of rehabilitation beds in Nebraska from one health care facility to another health care facility, except that no certificate of need is required for relocation or transfer of rehabilitation beds from a health care facility to another health care facility owned and operated by the same entity.
Source
Laws 1997, LB 798, § 22;
Laws 2008, LB765, § 1;
Laws 2009, LB195, § 84;
Laws 2013, LB487, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5829.05 - Long-term care beds; certificate of need; issuance; conditions.

71-5829.05.
Long-term care beds; certificate of need; issuance; conditions.
If two or more applications are submitted within thirty days after the receipt of the first application for the same health planning region and the approval of all the applications would result in long-term care beds in the health planning region in excess of the long-term care bed need established in section 71-5829.04, the department shall grant the application and issue a certificate of need, subject to any reduction in beds required by section 71-5846 to the applicant which is better able to: (1) Provide quality care; (2) operate a long-term care facility in a cost-effective manner based on annual cost reports submitted to the department; (3) accumulate financial resources to complete the project; and (4) serve medicare, medicaid, and medically indigent long-term care patients in the area. The department shall show a preference to an application filed by an applicant with facilities in Nebraska. Information to make these determinations shall be limited to the application and data currently collected by the state. If the applicant does not have a facility in Nebraska, the department may request information from other states in which the applicant is offering services to make its determination.
Source
Laws 1997, LB 798, § 24;
Laws 2007, LB296, § 635.