reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-628 - Children born out of wedlock; birth certificate; issuance; when authorized.

71-628.
Children born out of wedlock; birth certificate; issuance; when authorized.
In case of the legitimation of any child born in Nebraska by the subsequent marriage of such child's parents as provided in section 43-1406, the department, upon the receipt of a certified copy of the marriage certificate or abstract of marriage of the parents and a statement of the parents acknowledging paternity, shall prepare a new certificate of birth in the new name of the child so legitimated, in substantially the same form as that used for other live births. The department shall charge and collect the same fee as prescribed in subsection (1) of section 71-612. All such fees shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund. The department shall charge and collect an additional fee of one dollar for each new certificate of birth filed. All amounts collected from such additional fee shall be remitted to the State Treasurer for credit to the Nebraska Child Abuse Prevention Fund.
Source
Laws 1945, c. 173, § 1, p. 552;
Laws 1959, c. 323, § 7, p. 1183;
Laws 1983, LB 617, § 17;
Laws 1986, LB 333, § 12;
Laws 1992, LB 1019, § 56;
Laws 1994, LB 886, § 8;
Laws 1994, LB 1224, § 83;
Laws 1995, LB 406, § 35;
Laws 1997, LB 307, § 160;
Laws 2002, Second Spec. Sess., LB 48, § 6;
Laws 2004, LB 1005, § 60;
Laws 2006, LB 994, § 89;
Laws 2006, LB 1115, § 40;
Laws 2007, LB296, § 434.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-629 - Children born out of wedlock; legitimized; birth certificate; copies; issuance; inspection; when authorized.

71-629.
Children born out of wedlock; legitimized; birth certificate; copies; issuance; inspection; when authorized.
A certified copy or copies of the certificate of birth of any such legitimized child may be furnished upon request by the department. The evidence upon which the new certificate is made may be furnished upon request to a parent of such legitimized child or to the legitimized child if such child is nineteen years of age or older. The evidence upon which the new certificate is made shall be available for inspection by any other person only upon the order of a court of competent jurisdiction, and the original certificate of birth shall be available for inspection only upon the order of a court of competent jurisdiction.
Source
Laws 1945, c. 173, § 2, p. 553;
Laws 1996, LB 1044, § 541;
Laws 1997, LB 307, § 161;
Laws 2007, LB185, § 4;
Laws 2007, LB296, § 435.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-630 - Birth or death certificate; erroneous or incomplete; correction; department; duties.

71-630.
Birth or death certificate; erroneous or incomplete; correction; department; duties.
(1) A birth or death certificate filed with the department may be amended only in accordance with this section and sections 71-635 to 71-644 and rules and regulations adopted pursuant thereto by the department as necessary and proper to protect the integrity and accuracy of records of vital statistics.
(2) A certificate that is amended under this section shall have a properly dated reference placed on the face of the certificate and state that it is amended, except as provided in subsection (4) of this section.
(3) Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of such person or his or her parent, guardian, or legal representative, the department shall amend the certificate of birth to reflect the change in name.
(4) Upon request and receipt of a sworn acknowledgment of paternity of a child born out of wedlock signed by both parents, the department shall amend the certificate of birth to show such paternity if paternity is not shown on the birth certificate. Such certificate shall not be marked amended.
Source
Laws 1947, c. 234, § 1, p. 740;
Laws 1959, c. 323, § 8, p. 1183;
Laws 1971, LB 245, § 1;
Laws 1996, LB 1044, § 542;
Laws 1997, LB 307, § 162;
Laws 2007, LB296, § 436.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-634 - Birth or death certificate; correction.

71-634.
Birth or death certificate; correction.
The department shall charge and collect the same fee as prescribed in subsection (1) of section 71-612 for each proceeding under sections 71-630 and 71-635 to 71-644. All fees so collected shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund. The department shall collect the fees required by section 71-612 for a certified copy of the amended record. All fees for a certified copy shall be handled as provided in section 71-612.
If a certificate is amended pursuant to sections 71-630 and 71-635 to 71-644 as the result of an error committed by the department in the issuance of such certificate, the department may waive any fee required under this section.
Source
Laws 1947, c. 234, § 5, p. 741;
Laws 1953, c. 244, § 1, p. 834;
Laws 1959, c. 323, § 9, p. 1184;
Laws 1965, c. 418, § 11, p. 1340;
Laws 1965, c. 419, § 5, p. 1344;
Laws 1971, LB 245, § 2;
Laws 1973, LB 483, § 11;
Laws 1978, LB 671, § 1;
Laws 1983, LB 617, § 18;
Laws 1991, LB 703, § 33;
Laws 1992, LB 1019, § 57;
Laws 1995, LB 406, § 36;
Laws 1996, LB 1044, § 543;
Laws 2001, LB 209, § 18;
Laws 2004, LB 1005, § 61;
Laws 2006, LB 994, § 90;
Laws 2007, LB296, § 437.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-635 - Birth or death certificate; amendments; application; by whom made.

71-635.
Birth or death certificate; amendments; application; by whom made.
(1) To amend a birth certificate, application may be made by one of the parents, the guardian, the registrant if of legal age, or the individual responsible for filing the certificate.
(2) To amend a death or fetal death certificate, except the medical certification, application may be made by the next of kin or the funeral director and embalmer or person acting as such. Amendments to the medical certification of cause of death section of the certificate shall be requested by the attending physician or person certifying such section.
Source
Laws 1971, LB 245, § 2;
Laws 1993, LB 187, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-636 - Birth certificates; amendments.

71-636.
Birth certificates; amendments.
Amendment of obvious errors, of transposition of letters in words of common knowledge, or of omissions on birth certificates may be made by the department within the first year after the date of the birth, either upon its own observation, upon query, or upon request of a person with a direct and tangible interest in the certificate. When such additions or minor amendments are made by the department, a notation as to the source of the information together with the date the change was made and the initials of the authorized agent making the change shall be made on the reverse side of the certificate in such a way as not to become a part of the certificate. The certificate shall not be marked amended.
Source
Laws 1971, LB 245, § 3;
Laws 1985, LB 42, § 23;
Laws 1992, LB 1019, § 58;
Laws 1997, LB 307, § 163;
Laws 2007, LB296, § 438.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-637 - Birth or death certificates; amendment; evidence required.

71-637.
Birth or death certificates; amendment; evidence required.
All other amendments to vital records made during the first year, unless otherwise provided in sections 71-630 and 71-635 to 71-644, shall be supported by (1) an affidavit setting forth information to identify the certificate, the incorrect data as it is listed on the certificate, and the correct data as it should appear; and (2) one item of documentary evidence supporting the amendment. Certificates amended by this procedure shall be marked amended.
Source
Laws 1971, LB 245, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-638 - Birth or death certificates; application for amendment; made one year after date; evidence required.

71-638.
Birth or death certificates; application for amendment; made one year after date; evidence required.
Applications for amendments to vital records made one year or more after the event, unless otherwise provided in the regulations or by law, shall be supported by (1) an affidavit setting forth information to identify the certificate, the incorrect data as it is listed on the certificate, and the correct data as it should appear; and (2) two or more items of documentary evidence which support the alleged facts and which were established at least five years prior to the date of application for amendment or within seven years of the date of the event.
Source
Laws 1971, LB 245, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-639 - Birth or death certificate; amendments; evaluation of evidence.

71-639.
Birth or death certificate; amendments; evaluation of evidence.
The department shall evaluate all evidence submitted for amendments to vital records and when it finds reason to question its validity or adequacy it may reject the amendment and shall advise the applicant of the reasons for this action.
Source
Laws 1971, LB 245, § 6;
Laws 1997, LB 307, § 164;
Laws 2007, LB296, § 439.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-640 - Birth certificates; given names; change; procedure.

71-640.
Birth certificates; given names; change; procedure.
(1) Until the registrant's first birthday, given names may be changed upon written request of (a) both parents, (b) the mother in the case of a child born out of wedlock or the death or incapacity of the father, (c) the father in the case of the death or incapacity of the mother, or (d) the guardian or agency having legal custody of the registrant in the case of the death or incapacity of both parents.
(2) At any time after the registrant's first birthday and until the seventh birthday, given names may be changed upon written request as specified in subsection (1) of this section and submission of one or more items of documentary evidence to support the change.
(3) These procedures may be employed to change a given name only once. Thereafter, and at any time after the seventh birthday, given names may be changed only upon submission of a court order.
Source
Laws 1971, LB 245, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-640.01 - Birth certificates; identification of father.

71-640.01.
Birth certificates; identification of father.
The information pertaining to the identification of the father at the time of birth of an infant born in this state and reported on a birth certificate, filled out and filed pursuant to the Vital Statistics Act, shall comply with the following:
(1) If the mother was married at the time of either conception or birth or at any time between conception and birth, the name of the husband shall be entered on the certificate as the father of the child unless (a) paternity has been determined otherwise by a court of competent jurisdiction, (b) the mother and the mother's husband execute affidavits attesting that the husband is not the father of the child, in which case information about the father shall be omitted from the certificate, or (c) the mother executes an affidavit attesting that the husband is not the father and that the putative father is the father, the putative father executes an affidavit attesting that he is the father, and the husband executes an affidavit attesting that he is not the father. In such event, the putative father shall be shown as the father on the certificate. For affidavits executed under subdivision (b) or (c) of this subdivision, each signature shall be individually notarized;
(2) If the mother was not married at the time of either conception or birth or at any time between conception and birth, the name of the father shall not be entered on the certificate without the written consent of the mother and the person named as the father;
(3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father shall be entered on the certificate in accordance with the finding of the court; and
(4) If the father is not named on the certificate, no other information about the father shall be entered thereon.
The identification of the father as provided in this section shall not be deemed to affect the legitimacy of the child or duty to support as set forth in sections 42-377 and 43-1401.
Source
Laws 1977, LB 72, § 1;
Laws 1994, LB 886, § 9;
Laws 2005, LB 301, § 27.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-640.02 - Children born out of wedlock; birth certificate; enter name of father; when.

71-640.02.
Children born out of wedlock; birth certificate; enter name of father; when.
The department shall enter on the birth certificate of any child born out of wedlock the name of the father of the child upon receipt of (1) a certified copy of a court order showing that paternity has been established or a statement in writing by the father that he is the father of the child and (2) the written request of (a) the parent having legal custody of the child or (b) the guardian or agency having legal custody of the child. The surname of the child shall be determined in accordance with section 71-640.03.
Source
Laws 1978, LB 671, § 2;
Laws 1994, LB 886, § 10;
Laws 1997, LB 307, § 165;
Laws 2007, LB296, § 440.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-640.03 - Birth certificate; surname of child.

71-640.03.
Birth certificate; surname of child.
(1) In any case in which paternity of a child is determined by a court of competent jurisdiction, the surname of the child may be entered on the record the same as the surname of the father.
(2) The surname of the child shall be the parents' prerogative, except that the department shall not accept a birth certificate with a child's surname that implies any obscene or objectionable words or abbreviations.
Source
Laws 1994, LB 886, § 11;
Laws 1996, LB 1044, § 544;
Laws 2007, LB296, § 441.
Annotations
Under subsection (1) of this section, a district court, exercising jurisdiction in a paternity action, has discretionary power to decide whether a child's surname should be changed to the surname of the father. Under the plain language of subsection (1) of this section, after paternity is established by a district court, the district court has the discretion to decide only paternity-related issues, i.e., whether to change the child's previous surname to the father's surname. Pursuant to subsection (1) of this section, in a paternity action, a court, in deciding whether a child's surname should be changed to the father's surname, must consider the best interests of the child regarding a change of name. Jones v. Paulson, 261 Neb. 327, 622 N.W.2d 857 (2001).
Under former law, a court, exercising jurisdiction in a filiation proceeding, has the discretionary power to decide whether a child's surname shall be changed from the legal surname of the child's mother to the surname of the child's father, and must consider the best interests of the child regarding a change of name. Lancaster v. Brenneis, 227 Neb. 371, 417 N.W.2d 767 (1988).
Under former law, determination as to the name to be borne by a minor child of parties to a dissolution action is a matter initially entrusted to the sound discretion of the trial judge, which matter, on appeal, will be reviewed de novo on the record and affirmed in the absence of an abuse of the trial judge's discretion, keeping in mind that the Supreme Court will give weight to the fact that the trial judge observed and heard the witnesses and accepted one version of the facts rather than the other. Cain v. Cain, 226 Neb. 203, 410 N.W.2d 476 (1987).
Under former law, in deciding what the surname of a child conceived in wedlock but born during dissolution proceedings should be, each subsection of this section should be given equal weight, with the best interests of the child as the paramount interest. Each parent has an equal right and interest in determining the surname of the child. Cohee v. Cohee, 210 Neb. 855, 317 N.W.2d 381 (1982).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-640.04 - Birth certificate; name of father changed; when.

71-640.04.
Birth certificate; name of father changed; when.
The name of the father as shown on the birth certificate may be changed and a new certificate issued only when a determination of paternity is made by a court of competent jurisdiction. The evidence from which the new certificate is prepared and the original certificate of birth shall be available for inspection only upon the order of a court of competent jurisdiction.
Source
Laws 1994, LB 886, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-641 - Birth certificates; without given name; legal change of name; procedure.

71-641.
Birth certificates; without given name; legal change of name; procedure.
(1) Until the registrant's seventh birthday, the given name, for a child whose birth was recorded without a given name, may be added based upon an affidavit signed by (a) both parents, (b) the mother in the case of a child born out of wedlock or the death or incapacity of the father, (c) the father in the case of the death or incapacity of the mother, or (d) the guardian or agency having legal custody of the registrant in the case of the death or incapacity of both parents. A certificate amended in this manner prior to the first birthday shall not be marked amended.
(2) After the seventh birthday, one or more items of documentary evidence must be submitted to substantiate the name being added.
(3) For a legal change of name, a certified copy of the court order changing the name must be presented to the department along with data to identify the birth certificate and a request that it be amended to show the new name.
Source
Laws 1971, LB 245, § 8;
Laws 1997, LB 307, § 166;
Laws 2007, LB296, § 442.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-642 - Birth or death certificates; medical certification; amendment; requirements.

71-642.
Birth or death certificates; medical certification; amendment; requirements.
All items in the medical certification or of a medical nature in a vital record may be amended only upon receipt of a signed statement from those responsible for completion of the entries involved as provided in the Vital Statistics Act. The department may, at its discretion, require documentary evidence to substantiate the requested amendment.
Source
Laws 1971, LB 245, § 9;
Laws 1997, LB 307, § 167;
Laws 2005, LB 301, § 28.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-643 - Birth or death certificate; additional amendment; requirements.

71-643.
Birth or death certificate; additional amendment; requirements.
When an entry on a vital record has been amended, that entry shall not be amended again unless (1) it can be shown that the first amendment was made through mistake, or (2) a court order is received from a court of competent jurisdiction.
Source
Laws 1971, LB 245, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-644 - Birth or death certificate; amendment; requirements.

71-644.
Birth or death certificate; amendment; requirements.
A certificate or report that is amended under sections 71-635 to 71-644 shall indicate that it has been amended as provided by rules and regulations of the department. A record shall be maintained which identifies the evidence upon which the amendment was based, the date of the amendment, and the identity of the person making the amendment.
Source
Laws 1971, LB 245, § 11;
Laws 1985, LB 42, § 24;
Laws 1992, LB 1019, § 59;
Laws 1994, LB 886, § 13;
Laws 1996, LB 1044, § 545;
Laws 2007, LB296, § 443.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-645 - Birth defects; findings and duties.

71-645.
Birth defects; findings and duties.
It is hereby found that the occurrence of malformation or inherited disease at the time of birth is a tragedy for the child, the family, and the community, and a matter of vital concern to the public health. In order to provide for the protection and promotion of the health of the citizens of the state, the department shall have the responsibility for the implementation and development of scientific investigations and research concerning the causes, methods of prevention, treatment, and cure of birth defects.
Source
Laws 1972, LB 1203, § 1;
Laws 1996, LB 1044, § 546;
Laws 2007, LB296, § 444.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-646 - Birth defects; registry; purpose; information released.

71-646.
Birth defects; registry; purpose; information released.
The department shall establish a birth defects registry for the purpose of initiating and conducting investigations of the causes, mortality, methods of prevention, treatment, and cure of birth defects and allied diseases. Any information released from the registry shall be disclosed as Class I, Class II, Class III, or Class IV data as provided in sections 81-663 to 81-675.
Source
Laws 1972, LB 1203, § 2;
Laws 1993, LB 536, § 64;
Laws 1996, LB 1044, § 547;
Laws 2007, LB296, § 445.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-647 - Birth defects; department; powers and duties; information released.

71-647.
Birth defects; department; powers and duties; information released.
(1) The department shall have and may exercise the following powers and duties:
(a) To conduct scientific investigations and surveys of the causes, mortality, methods of prevention, treatment, and cure of birth defects;
(b) To publish at least annually the results of such investigations and surveys for the benefit of the public health and to annually collate such publications for distribution to scientific organizations and qualified scientists and physicians;
(c) To carry on programs of professional education and training of medical students, physicians, nurses, scientists, and technicians in the causes, methods of prevention, treatment, and cure of birth defects;
(d) To conduct and support clinical counseling services in medical facilities; and
(e) To secure necessary scientific, educational, training, technical, administrative, and operational personnel and services including laboratory facilities by contract or otherwise from public or private entities in order to carry out the purposes of this section.
(2) Any information released from the birth defects registry shall be disclosed as Class I, Class II, Class III, or Class IV data as provided in sections 81-663 to 81-675.
Source
Laws 1972, LB 1203, § 3;
Laws 1993, LB 536, § 65;
Laws 1996, LB 1044, § 548;
Laws 2007, LB296, § 446.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-648 - Birth defects; reports.

71-648.
Birth defects; reports.
Birth defects and allied diseases shall be reported by physicians, hospitals, and persons in attendance at births in the manner and on such forms as may be prescribed by the department. Such reports may be included in the monthly report to the department on births as required by section 71-610. Such reports shall be forwarded to the department no later than the tenth day of the succeeding month after the birth. When objection is made by either parent to furnishing information relating to the medical and health condition of a live-born child because of conflict with religion, such information shall not be required to be entered as provided in this section.
Source
Laws 1972, LB 1203, § 4;
Laws 1992, LB 1019, § 60;
Laws 1993, LB 536, § 66;
Laws 1996, LB 1044, § 549;
Laws 2007, LB296, § 447.
Cross References
Medically handicapped child, report of birth, see section 71-1405.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-649 - Vital statistics; unlawful acts; enumerated; violations; penalties; warning statement.

71-649.
Vital statistics; unlawful acts; enumerated; violations; penalties; warning statement.
(1) Any person who (a) willfully and knowingly makes any false statement in a certificate, record, or report required to be filed pursuant to the Vital Statistics Act, in an application for an amendment thereof, or in an application for a certified copy of a vital record or willfully and knowingly supplies false information intending that such information be used in the preparation of any such report, record, certificate, or amendment thereof; (b) without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends, or mutilates any certificate, record, or report required to be filed pursuant to the act or a certified copy of such certificate, record, or report; (c) willfully and knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another, for any purpose of deception, any certificate, record, report, or certified copy thereof so made, counterfeited, altered, amended, or mutilated; (d) with the intention to deceive, willfully and knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another any certificate of birth or certified copy of a certificate of birth knowing that such certificate or certified copy was issued upon a certificate which is false in whole or in part or which relates to the birth of another person, whether living or deceased; (e) willfully and knowingly furnishes or possesses a certificate of birth or certified copy of a certificate of birth with the knowledge or intention that it be used for the purposes of deception by a person other than the person to whom the certificate of birth relates; (f) without lawful authority possesses any certificate, record, or report required by the act or a copy or certified copy of such certificate, record, or report knowing the same to have been stolen or otherwise unlawfully obtained; or (g) willfully and knowingly tampers with an electronic signature authorized under section 71-603.01 shall be guilty of a Class IV felony.
(2) Any person who (a) willfully and knowingly refuses to provide information required by the Vital Statistics Act or rules and regulations adopted under the act or (b) willfully and knowingly neglects or violates any of the provisions of the act or refuses to perform any of the duties imposed upon him or her under the act shall be guilty of a Class I misdemeanor.
(3) The department may include on any appropriate certificate or document a statement warning of the consequences for any such violation.
Source
Laws 1977, LB 72, § 2;
Laws 1978, LB 748, § 37;
Laws 1994, LB 886, § 14;
Laws 1996, LB 1044, § 550;
Laws 1997, LB 307, § 168;
Laws 2005, LB 301, § 29.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-701 - Women's Health Initiative of Nebraska; created; duties.

71-701.
Women's Health Initiative of Nebraska; created; duties.
The Women's Health Initiative of Nebraska is created within the Department of Health and Human Services. The Women's Health Initiative of Nebraska shall strive to improve the health of women in Nebraska by fostering the development of a comprehensive system of coordinated services, policy development, advocacy, and education. The initiative shall:
(1) Serve as a clearinghouse for information regarding women's health issues, including pregnancy, breast and cervical cancers, acquired immunodeficiency syndrome, osteoporosis, menopause, heart disease, smoking, and mental health issues as well as other issues that impact women's health, including substance abuse, domestic violence, teenage pregnancy, sexual assault, adequacy of health insurance, access to primary and preventative health care, and rural and ethnic disparities in health outcomes;
(2) Perform strategic planning within the Department of Health and Human Services to develop department-wide plans for implementation of goals and objectives for women's health;
(3) Conduct department-wide policy analysis on specific issues related to women's health;
(4) Coordinate pilot projects and planning projects funded by the state that are related to women's health;
(5) Communicate and disseminate information and perform a liaison function within the department and to providers of health, social, educational, and support services to women;
(6) Provide technical assistance to communities, other public entities, and private entities for initiatives in women's health, including, but not limited to, community health assessment and strategic planning and identification of sources of funding and assistance with writing of grants; and
(7) Encourage innovative responses by public and private entities that are attempting to address women's health issues.
Source
Laws 2000, LB 480, § 1;
Laws 2005, LB 301, § 30;
Laws 2007, LB296, § 448.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-703 - Initiative; personnel; administrative support.

71-703.
Initiative; personnel; administrative support.
The Department of Health and Human Services will determine how the department will provide personnel to carry out the Women's Health Initiative of Nebraska. The department shall employ personnel, including an executive director, necessary to carry out the powers and duties of the initiative. The Governor's Policy Research Office, the department, and other state agencies as necessary may provide administrative and technical support under the direct supervision of the Governor. The initiative may secure cooperation and assistance of other appropriate government and private-sector entities for women's health issues, programs, and educational materials.
Source
Laws 2000, LB 480, § 3;
Laws 2005, LB 301, § 31;
Laws 2007, LB296, § 450.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-704 - Funding intent.

71-704.
Funding intent.
The Legislature recognizes the generosity of its citizens and charitable organizations that donate their time and money to provide funds to their fellow citizens. It is the intent of the Legislature to permit the Women's Health Initiative of Nebraska to obtain and expend such funds to carry out the purposes of sections 71-701 to 71-707. Private citizens and charitable organizations may donate and grant funds to the Women's Health Initiative of Nebraska to pay for programs, educational materials, promotions, and other activities undertaken by the initiative.
Source
Laws 2000, LB 480, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-705 - Women's Health Initiative Fund; created; use; investment.

71-705.
Women's Health Initiative Fund; created; use; investment.
The Women's Health Initiative Fund is created. The fund shall consist of money received as gifts or grants or collected as fees or charges from any federal, state, public, or private source. Money in the fund shall be used to reimburse the expenses of the Women's Health Initiative of Nebraska and expenses of members of the Women's Health Initiative Advisory Council. Nothing in sections 71-701 to 71-707 requires the Women's Health Initiative of Nebraska to accept any private donations that are not in keeping with the goals and objectives set forth by the initiative and the Department of Health and Human Services. No funds expended or received by or through the initiative shall pay for abortion referral or abortion services. 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 2000, LB 480, § 5;
Laws 2005, LB 301, § 32;
Laws 2007, LB296, § 451.
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 › 71-706 - Department of Health and Human Services; powers.

71-706.
Department of Health and Human Services; powers.
The Department of Health and Human Services shall have all powers necessary to implement the purposes and intent of sections 71-701 to 71-707, including applying for, receiving, and administering federal and other public and private funds credited to the Women's Health Initiative Fund. Any funds obtained for the Women's Health Initiative of Nebraska shall be remitted to the State Treasurer for credit to the Women's Health Initiative Fund.
Source
Laws 2000, LB 480, § 6;
Laws 2005, LB 301, § 33;
Laws 2007, LB296, § 452.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-707 - Report.

71-707.
Report.
The Department of Health and Human Services shall issue an annual report to the Governor and the Legislature on September 1 for the preceding fiscal year's activities of the Women's Health Initiative of Nebraska. The report submitted to the Legislature shall be submitted electronically. The report shall include progress reports on any programs, activities, or educational promotions that were undertaken by the initiative. The report shall also include a status report on women's health in Nebraska and any results achieved by the initiative.
Source
Laws 2000, LB 480, § 7;
Laws 2005, LB 301, § 34;
Laws 2007, LB296, § 453;
Laws 2012, LB782, § 104.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-801 - Nebraska Behavioral Health Services Act; act, how cited.

71-801.
Nebraska Behavioral Health Services Act; act, how cited.
Sections 71-801 to 71-830 and the Certified Community Behavioral Health Clinic Act shall be known and may be cited as the Nebraska Behavioral Health Services Act.
Source
Laws 2004, LB 1083, § 1;
Laws 2006, LB 994, § 91;
Laws 2009, LB154, § 17;
Laws 2009, LB603, § 3;
Laws 2012, LB1158, § 3;
Laws 2020, LB1158, § 5;
Laws 2023, LB276, § 1.
Effective Date: May 26, 2023
Cross References
Certified Community Behavioral Health Clinic Act, see section 71-832.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-802 - Purposes of act.

71-802.
Purposes of act.
The purposes of the Nebraska Behavioral Health Services Act are to: (1) Reorganize statutes relating to the provision of publicly funded behavioral health services; (2) provide for the organization and administration of the public behavioral health system within the department; (3) rename mental health regions as behavioral health regions; (4) provide for the naming of regional behavioral health authorities and ongoing activities of regional governing boards; (5) reorganize and rename the State Mental Health Planning and Evaluation Council and the State Alcoholism and Drug Abuse Advisory Committee; (6) change and add provisions relating to development of community-based behavioral health services and funding for behavioral health services; and (7) authorize the closure of regional centers.
Source
Laws 2004, LB 1083, § 2;
Laws 2006, LB 994, § 92;
Laws 2013, LB6, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-803 - Public behavioral health system; purposes.

71-803.
Public behavioral health system; purposes.
The purposes of the public behavioral health system are to ensure:
(1) The public safety and the health and safety of persons with behavioral health disorders;
(2) Statewide access to behavioral health services, including, but not limited to, (a) adequate availability of behavioral health professionals, programs, and facilities, (b) an appropriate array of community-based services and continuum of care, and (c) integration and coordination of behavioral health services with primary health care services;
(3) High quality behavioral health services, including, but not limited to, (a) services that are research-based and consumer-focused, (b) services that emphasize beneficial treatment outcomes and recovery, with appropriate treatment planning, case management, community support, and consumer peer support, (c) appropriate regulation of behavioral health professionals, programs, and facilities, and (d) consumer involvement as a priority in all aspects of service planning and delivery; and
(4) Cost-effective behavioral health services, including, but not limited to, (a) services that are efficiently managed and supported with appropriate planning and information, (b) services that emphasize prevention, early detection, and early intervention, (c) services that are provided in the least restrictive environment consistent with the consumer's clinical diagnosis and plan of treatment, and (d) funding that is fully integrated and allocated to support the consumer and his or her plan of treatment.
Source
Laws 2004, LB 1083, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-804 - Terms, defined.

71-804.
Terms, defined.
For purposes of the Nebraska Behavioral Health Services Act:
(1) Behavioral health disorder means mental illness or alcoholism, drug abuse, or other addictive disorder;
(2) Behavioral health region means a behavioral health region established in section 71-807;
(3) Behavioral health services means services, including, but not limited to, consumer-provided services, support services, inpatient and outpatient services, and residential and nonresidential services, provided for the prevention, diagnosis, and treatment of behavioral health disorders and the rehabilitation and recovery of persons with such disorders;
(4) Community-based behavioral health services or community-based services means behavioral health services that are not provided at a regional center;
(5) Department means the Department of Health and Human Services;
(6) Director means the Director of Behavioral Health;
(7) Division means the Division of Behavioral Health of the department;
(8) Medical assistance program means the program established pursuant to the Medical Assistance Act;
(9) Public behavioral health system means the statewide array of behavioral health services for children and adults provided by the public sector or private sector and supported in whole or in part with funding received and administered by the department, including behavioral health services provided under the medical assistance program;
(10) Regional center means one of the state hospitals for the mentally ill designated in section 83-305; and
(11) Regional center behavioral health services or regional center services means behavioral health services provided at a regional center.
Source
Laws 2004, LB 1083, § 4;
Laws 2006, LB 1248, § 74;
Laws 2007, LB296, § 454;
Laws 2013, LB6, § 13.
Cross References
Medical Assistance Act, see section 68-901.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-805 - Division; personnel; office of consumer affairs.

71-805.
Division; personnel; office of consumer affairs.
(1) The director shall appoint a chief clinical officer and a program administrator for consumer affairs for the division. The chief clinical officer shall be a board-certified psychiatrist and shall serve as the medical director for the division and all facilities and programs operated by the division. The program administrator for consumer affairs shall be a consumer or former consumer of behavioral health services and shall have specialized knowledge, experience, or expertise relating to consumer-directed behavioral health services, behavioral health delivery systems, and advocacy on behalf of consumers of behavioral health services and their families. The chief clinical officer and the program administrator for consumer affairs shall report to the director. The Governor and the director shall conduct a search for qualified candidates and shall solicit and consider recommendations from interested parties for such positions prior to making such appointments.
(2) The director shall establish and maintain an office of consumer affairs within the division. The program administrator for consumer affairs shall be responsible for the administration and management of the office.
Source
Laws 2004, LB 1083, § 5;
Laws 2007, LB296, § 455.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-806 - Division; powers and duties; rules and regulations.

71-806.
Division; powers and duties; rules and regulations.
(1) The division shall act as the chief behavioral health authority for the State of Nebraska and shall direct the administration and coordination of the public behavioral health system, including, but not limited to: (a) Administration and management of the division, regional centers, and any other facilities and programs operated by the division; (b) integration and coordination of the public behavioral health system; (c) comprehensive statewide planning for the provision of an appropriate array of community-based behavioral health services and continuum of care; (d) coordination and oversight of regional behavioral health authorities, including approval of regional budgets and audits of regional behavioral health authorities; (e) development and management of data and information systems; (f) prioritization and approval of all expenditures of funds received and administered by the division, including: The establishment of rates to be paid; reimbursement methodologies for behavioral health services; methodologies to be used by regional behavioral health authorities in determining a consumer's financial eligibility as provided in subsection (2) of section 71-809; and fees and copays to be paid by consumers of such services; (g) cooperation with the department in the licensure and regulation of behavioral health professionals, programs, and facilities; (h) cooperation with the department in the provision of behavioral health services under the medical assistance program; (i) audits of behavioral health programs and services; (j) promotion of activities in research and education to improve the quality of behavioral health services, recruitment and retention of behavioral health professionals, and access to behavioral health programs and services; and (k) establishment of standards for peer services, including standards for training programs and for training, certification of, and service delivery by individuals.
(2) The department shall adopt and promulgate rules and regulations to carry out the Nebraska Behavioral Health Services Act.
Source
Laws 2004, LB 1083, § 6;
Laws 2006, LB 1248, § 75;
Laws 2007, LB296, § 456;
Laws 2012, LB871, § 1;
Laws 2017, LB417, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-807 - Behavioral health regions; established.

71-807.
Behavioral health regions; established.
Six behavioral health regions are established, consisting of the following counties:
(1) Region 1 shall consist of Sioux, Dawes, Box Butte, Sheridan, Scotts Bluff, Morrill, Garden, Banner, Kimball, Cheyenne, and Deuel counties;
(2) Region 2 shall consist of Grant, Hooker, Thomas, Arthur, McPherson, Logan, Keith, Lincoln, Perkins, Chase, Hayes, Frontier, Dawson, Gosper, Dundy, Hitchcock, and Red Willow counties;
(3) Region 3 shall consist of Blaine, Loup, Garfield, Wheeler, Custer, Valley, Greeley, Sherman, Howard, Buffalo, Hall, Phelps, Kearney, Adams, Clay, Furnas, Harlan, Hamilton, Merrick, Franklin, Webster, and Nuckolls counties;
(4) Region 4 shall consist of Cherry, Keya Paha, Boyd, Brown, Rock, Holt, Knox, Cedar, Dixon, Dakota, Thurston, Wayne, Pierce, Antelope, Boone, Nance, Madison, Stanton, Cuming, Burt, Colfax, and Platte counties;
(5) Region 5 shall consist of Polk, Butler, Saunders, Seward, Lancaster, Otoe, Fillmore, Saline, Thayer, Jefferson, Gage, Johnson, Nemaha, Pawnee, York, and Richardson counties; and
(6) Region 6 shall consist of Dodge, Washington, Douglas, Sarpy, and Cass counties.
Source
Laws 2004, LB 1083, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-808 - Regional behavioral health authority; established; regional governing board; matching funds; requirements.

71-808.
Regional behavioral health authority; established; regional governing board; matching funds; requirements.
(1) A regional behavioral health authority shall be established in each behavioral health region by counties acting under provisions of the Interlocal Cooperation Act. Each regional behavioral health authority shall be governed by a regional governing board consisting of one county board member from each county in the region. Board members shall serve for staggered terms of three years and until their successors are appointed and qualified. Board members shall serve without compensation but shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
(2) The regional governing board shall appoint a regional administrator who shall be responsible for the administration and management of the regional behavioral health authority. Each regional behavioral health authority shall encourage and facilitate the involvement of consumers in all aspects of service planning and delivery within the region and shall coordinate such activities with the office of consumer affairs within the division. Each regional behavioral health authority shall establish and utilize a regional advisory committee consisting of consumers, providers, and other interested parties and may establish and utilize such other task forces, subcommittees, or other committees as it deems necessary and appropriate to carry out its duties under this section.
(3) Each county in a behavioral health region shall provide funding for the operation of the behavioral health authority and for the provision of behavioral health services in the region. The total amount of funding provided by counties under this subsection shall be equal to one dollar for every three dollars from the General Fund. The division shall annually certify the total amount of county matching funds to be provided. At least forty percent of such amount shall consist of local and county tax revenue, and the remainder shall consist of other nonfederal sources. The regional governing board of each behavioral health authority, in consultation with all counties in the region, shall determine the amount of funding to be provided by each county under this subsection. For purposes of calculating the amount of county matching funds under this subsection, the amount of General Funds shall exclude:
(a) An amount equal to two million five hundred ninety-nine thousand six hundred sixty dollars from the General Fund each year, beginning on July 1, 2021;
(b) Any General Funds transferred from regional centers for the provision of community-based behavioral health services after July 1, 2004; and
(c) Funds received by a regional behavioral health authority for the provision of behavioral health services to children under section 71-826.
Source
Laws 2004, LB 1083, § 8;
Laws 2009, LB603, § 4;
Laws 2020, LB381, § 61;
Laws 2021, LB384, § 10.
Cross References
Interlocal Cooperation Act, see section 13-801.