reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,222 - State elevator inspector; inspections required; written report.

81-5,222.
State elevator inspector; inspections required; written report.
(1) Except as provided otherwise in the Conveyance Safety Act, the state elevator inspector shall inspect or cause to be inspected conveyances which are located in a building or structure, other than a private residence, at least once every twelve months in order to determine whether such conveyances are in a safe and satisfactory condition and are properly constructed and maintained for their intended use.
(2) Subsequent to inspection of a conveyance, the inspector shall supply owners or lessees with a written inspection report describing any and all violations. An owner has thirty days after the date of the published inspection report to correct the violations.
(3) All tests done for the conveyance inspection shall be performed by a licensed elevator mechanic.
Source
Laws 2006, LB 489, § 13;
R.S.1943, (2010), § 48-2513;
Laws 2019, LB301, § 58.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,223 - Alternative inspections; requirements.

81-5,223.
Alternative inspections; requirements.
(1) No inspection shall be required under the Conveyance Safety Act when an owner or user of a conveyance obtains an inspection by a representative of a reputable insurance company licensed to do business in Nebraska, obtains a policy of insurance from such company upon the conveyance and files with the State Fire Marshal a certificate of inspection by such insurance company, files a statement that such conveyance is insured, and pays an administrative fee established pursuant to section 81-5,214.
(2) No inspection shall be required under the act when there has been an annual inspection under a city ordinance which meets the standards of the act.
Source
Laws 2006, LB 489, § 14;
R.S.1943, (2010), § 48-2514;
Laws 2019, LB301, § 59.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,224 - Special inspection; expenses; fee; report.

81-5,224.
Special inspection; expenses; fee; report.
If at any time the owner or user of a conveyance desires a special inspection of a conveyance, it shall be made by the state elevator inspector after due request therefor and the inspector making the inspection shall collect his or her expenses in connection therewith and a fee established pursuant to section 81-5,214. A report of the inspection shall be provided to the owner or user who requested the inspection upon their request.
Source
Laws 2006, LB 489, § 15;
R.S.1943, (2010), § 48-2515;
Laws 2019, LB301, § 60.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,225 - Certificate of inspection; issuance; form.

81-5,225.
Certificate of inspection; issuance; form.
Upon a conveyance passing an inspection under section 81-5,222, 81-5,223, or 81-5,224 and receipt of the inspection fee, the State Fire Marshal shall issue the owner or user of the conveyance a certificate of inspection, upon forms prescribed by the State Fire Marshal.
Source
Laws 2006, LB 489, § 16;
R.S.1943, (2010), § 48-2516;
Laws 2019, LB301, § 61.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,226 - State elevator inspector; records required.

81-5,226.
State elevator inspector; records required.
The state elevator inspector shall maintain a complete and accurate record of the name of the owner or user of each conveyance subject to sections 81-5,222 and 81-5,223 and a full description of the conveyance and the date when last inspected.
Source
Laws 2006, LB 489, § 17;
R.S.1943, (2010), § 48-2517;
Laws 2019, LB301, § 62.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,227 - Entry upon property for purpose of inspection.

81-5,227.
Entry upon property for purpose of inspection.
The State Fire Marshal, the state elevator inspector, and the deputy inspectors shall have the right and power to enter any public building or structure for the purpose of inspecting any conveyance subject to the Conveyance Safety Act or gathering information with reference thereto.
Source
Laws 2006, LB 489, § 18;
R.S.1943, (2010), § 48-2518;
Laws 2019, LB301, § 63.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,228 - Defective or unsafe condition; notice to owner or user; temporary certificate; when issued.

81-5,228.
Defective or unsafe condition; notice to owner or user; temporary certificate; when issued.
The state elevator inspector shall notify the owner or user in writing of any conveyance found to be unsafe or unfit for operation setting forth the nature and extent of any defect or other unsafe condition. If the conveyance can be used without making repair or replacement of defective parts or may be used in a limited capacity before repairs or replacements are made, the state elevator inspector may issue a temporary certificate of inspection which shall state the terms and conditions of operation under the temporary certificate. The temporary certificate shall be valid for no longer than thirty days unless an extension is granted by the state elevator inspector for good cause shown.
Source
Laws 2006, LB 489, § 19;
R.S.1943, (2010), § 48-2519;
Laws 2019, LB301, § 64.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,229 - Accident involving conveyance; notification required; when; state elevator inspector; duties.

81-5,229.
Accident involving conveyance; notification required; when; state elevator inspector; duties.
The owner of a conveyance shall notify the state elevator inspector of any accident causing personal injury or property damage in excess of one thousand dollars involving a conveyance on or before the close of business the next business day following the accident, and the conveyance involved shall not operate until the state elevator inspector has conducted an investigation of the accident and has approved the operation of the conveyance. The state elevator inspector shall investigate and report to the State Fire Marshal the cause of any conveyance accident that may occur in the state, the loss of life, the injuries sustained, and such other data as may be of benefit in preventing other similar accidents.
Source
Laws 2006, LB 489, § 20;
R.S.1943, (2010), § 48-2520;
Laws 2019, LB301, § 65.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,230 - Elevator mechanic license; elevator contractor license; application; form; contents.

81-5,230.
Elevator mechanic license; elevator contractor license; application; form; contents.
(1) Any person wishing to engage in the work of an elevator mechanic shall apply for and obtain an elevator mechanic license from the State Fire Marshal. The application shall be on a form provided by the State Fire Marshal.
(2) Any person wishing to engage in the business of an elevator contractor shall apply for and obtain an elevator contractor license from the State Fire Marshal. The application shall be on a form provided by the State Fire Marshal.
(3) Each application shall contain:
(a) If an individual, the name, residence and business address, and social security number of the applicant;
(b) If a partnership, the name, residence and business address, and social security number of each partner;
(c) If a domestic corporation, the name and business address of the corporation and the name, residence address, and social security number of the principal officer of the corporation; and if a corporation other than a domestic corporation, the name and address of an agent located locally who is authorized to accept service of process and official notices;
(d) The number of years the applicant has engaged in the business of installing, inspecting, maintaining, or servicing conveyances;
(e) The approximate number of individuals to be employed by the applicant and, if applicable, satisfactory evidence that the employees are or will be covered by workers' compensation insurance;
(f) Satisfactory evidence that the applicant is or will be covered by general liability, personal injury, and property damage insurance;
(g) Permission for the State Fire Marshal to access the criminal history record information of individuals, partners, or officers maintained by the Federal Bureau of Investigation through the Nebraska State Patrol;
(h) A description of all accidents causing personal injury or property damage in excess of one thousand dollars involving conveyances installed, inspected, maintained, or serviced by the applicant; and
(i) Such other information as the State Fire Marshal may by rule and regulation require.
(4) Social security numbers on applications shall not be made public or be considered a part of a public record.
Source
Laws 2006, LB 489, § 21;
R.S.1943, (2010), § 48-2521;
Laws 2019, LB301, § 66.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,231 - Standards for licensure of elevator mechanics; State Fire Marshal; duties.

81-5,231.
Standards for licensure of elevator mechanics; State Fire Marshal; duties.
The State Fire Marshal shall adopt and promulgate rules and regulations establishing standards for licensure of elevator mechanics. An applicant for an elevator mechanic license shall demonstrate the following qualifications before being granted an elevator mechanic license:
(1) Not less than three years' work experience in the conveyance industry, in construction, maintenance, and service or repair, as verified by current and previous employers;
(2) One of the following:
(a) Satisfactory completion of a written examination administered by the committee on the most recent referenced codes and standards;
(b) Acceptable proof that the applicant has worked as a conveyance constructor, maintenance, or repair person. Such person shall have worked as an elevator mechanic without the direct and immediate supervision of a licensed elevator contractor and have passed a written examination approved by the State Fire Marshal. This employment shall not be less than three years immediately prior to the effective date of the license;
(c) Certificates of completion and successfully passing an elevator mechanic examination of a nationally recognized training program for the conveyance industry as provided by the National Elevator Industry Educational Program or its equivalent; or
(d) Certificates of completion of an apprenticeship program for elevator mechanics, having standards substantially equal to those of the Conveyance Safety Act and registered with the Bureau of Apprenticeship and Training of the United States Department of Labor or a state apprenticeship council; and
(3) Any additional qualifications adopted and promulgated in rule and regulation by the State Fire Marshal.
Source
Laws 2006, LB 489, § 22;
R.S.1943, (2010), § 48-2522;
Laws 2019, LB301, § 67.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,232 - Elevator contractor license; work experience required.

81-5,232.
Elevator contractor license; work experience required.
An applicant for an elevator contractor license shall demonstrate five years' work experience in the conveyance industry in construction, maintenance, and service or repair, as verified by current or previous employers.
Source
Laws 2006, LB 489, § 23;
R.S.1943, (2010), § 48-2523;
Laws 2019, LB301, § 68.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,233 - Reciprocity.

81-5,233.
Reciprocity.
Upon application, an elevator mechanic license or an elevator contractor license may be issued to a person holding a valid license from a state having standards substantially equal to those of the Conveyance Safety Act.
Source
Laws 2006, LB 489, § 24;
R.S.1943, (2010), § 48-2524;
Laws 2019, LB301, § 69.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,234 - License; issuance; renewal.

81-5,234.
License; issuance; renewal.
Upon approval of an application for licensure as an elevator mechanic, the State Fire Marshal may issue a license which shall be renewable biennially if the continuing education requirements are met. The fee for licenses and for license renewal for elevator mechanic licenses and elevator contractor licenses shall be set by the State Fire Marshal under section 81-5,214.
Source
Laws 2006, LB 489, § 25;
R.S.1943, (2010), § 48-2525;
Laws 2019, LB301, § 70.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,235 - Continuing education; extension; when granted; approved providers; records.

81-5,235.
Continuing education; extension; when granted; approved providers; records.
(1) The renewal of elevator mechanic licenses granted under the Conveyance Safety Act shall be conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education on new and existing rules and regulations adopted and promulgated by the State Fire Marshal. Such course shall consist of not less than eight hours of instruction that shall be attended and completed within one year immediately preceding any license renewal. The individual holding the elevator mechanic license shall pay the cost of such course.
(2) The courses shall be taught by instructors through continuing education providers that may include association seminars and labor training programs. The committee shall make recommendations to the State Fire Marshal about approval of continuing education providers.
(3) An elevator mechanic licensee who is unable to complete the continuing education course required under this section prior to the expiration of the license due to a temporary disability may apply for an extension from the state elevator inspector. The extension shall be on a form provided by the state elevator inspector which shall be signed by the applicant and accompanied by a certified statement from a competent physician attesting to such temporary disability. Upon the termination of such temporary disability, the elevator mechanic licensee shall submit to the state elevator inspector a certified statement from the same physician, if practicable, attesting to the termination of such temporary disability. At such time an extension sticker, valid for ninety days, shall be issued to the licensed elevator mechanic and affixed to the license. Such extension shall be renewable for periods of ninety days upon a showing that the disability continues.
(4) Approved continuing education providers shall keep uniform records, for a period of ten years, of attendance of elevator mechanic licensees following a format approved by the state elevator inspector, and such records shall be available for inspection by the state elevator inspector upon request. Approved continuing education providers are responsible for the security of all attendance records and certificates of completion. Falsifying or knowingly allowing another to falsify such attendance records or certificates of completion shall constitute grounds for suspension or revocation of the approval required under this section.
Source
Laws 2006, LB 489, § 26;
R.S.1943, (2010), § 48-2526;
Laws 2019, LB301, § 71.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,236 - Insurance policy; requirements; delivery; notice of alteration or cancellation.

81-5,236.
Insurance policy; requirements; delivery; notice of alteration or cancellation.
(1) An elevator contractor shall submit to the State Fire Marshal an insurance policy, or certified copy thereof, issued by an insurance company authorized to do business in the state to provide general liability coverage of at least one million dollars for injury or death of any one person and one million dollars for injury or death of any number of persons in any one occurrence and to provide coverage of at least five hundred thousand dollars for property damage in any one occurrence and workers' compensation insurance coverage as required under the Nebraska Workers' Compensation Act.
(2) Such policies, or certified copies thereof, shall be delivered to the State Fire Marshal before or at the time of the issuance of a license. In the event of any material alteration or cancellation of any policy, at least ten days' notice thereof shall be given to the State Fire Marshal.
Source
Laws 2006, LB 489, § 27;
R.S.1943, (2010), § 48-2527;
Laws 2019, LB301, § 72.
Cross References
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,237 - Elevator contractor license; revocation; grounds; elevator mechanic license; disciplinary actions; grounds; procedure; decision; appeal.

81-5,237.
Elevator contractor license; revocation; grounds; elevator mechanic license; disciplinary actions; grounds; procedure; decision; appeal.
(1) An elevator contractor license issued under the Conveyance Safety Act may be revoked by the State Fire Marshal upon verification that the elevator contractor licensee lacks the insurance coverage required by section 81-5,236.
(2) An elevator mechanic license or an elevator contractor license issued under the act may be suspended, revoked, or subject to a civil penalty not to exceed five thousand dollars by the State Fire Marshal, after notice and hearing, if the licensee:
(a) Makes a false statement as to material matter in the license application;
(b) Commits fraud, misrepresentation, or bribery in obtaining the license; or
(c) Violates any other provision of the act.
(3) No license shall be suspended, revoked, or subject to civil penalty until after a hearing is held before the committee and the State Fire Marshal or his or her designee. The hearing shall be held within sixty days after notice of the violation is received and all interested parties shall receive written notice of the hearing at least fifteen days prior to the hearing. Within fifteen days after the hearing, the committee shall make recommendations to the State Fire Marshal or his or her designee of appropriate penalties, if any, warranted under the circumstances of the case. The committee does not have the power to suspend or revoke licenses or impose civil penalties. Within thirty days after the hearing, the State Fire Marshal shall issue a decision which may include license suspension, license revocation, and civil penalties. The decision of the State Fire Marshal may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 2006, LB 489, § 28;
R.S.1943, (2010), § 48-2528;
Laws 2019, LB301, § 73.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,238 - Temporary and emergency elevator mechanic thirty-day licenses.

81-5,238.
Temporary and emergency elevator mechanic thirty-day licenses.
The State Fire Marshal shall adopt and promulgate rules and regulations establishing standards and procedures for the issuance of temporary and emergency elevator mechanic thirty-day licenses and for the extension of such licenses for good cause shown.
Source
Laws 2006, LB 489, § 29;
R.S.1943, (2010), § 48-2529;
Laws 2019, LB301, § 74.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,239 - Request for investigation of alleged violation; preliminary inquiry; formal investigation; procedure.

81-5,239.
Request for investigation of alleged violation; preliminary inquiry; formal investigation; procedure.
(1) Any person may make a request for an investigation into an alleged violation of the Conveyance Safety Act by giving notice to the State Fire Marshal or state elevator inspector of such violation or danger.
(2) Upon receipt of a request for an investigation, the State Fire Marshal or state elevator inspector shall perform a preliminary inquiry into the charges contained in the request for investigation. A request for an investigation may be made in person or by telephone call and shall set forth with reasonable particularity the grounds for the request for an investigation. During the preliminary inquiry, the name, address, and telephone number of the person making the request for an investigation shall be available only to the State Fire Marshal, state elevator inspector, or other person carrying out the preliminary inquiry on behalf of the State Fire Marshal or state elevator inspector. The State Fire Marshal or state elevator inspector shall keep a record of each request for an investigation received under this section for three years after such request is made.
(3) If after the preliminary inquiry the State Fire Marshal or state elevator inspector determines that there are reasonable grounds to believe that such violation or danger exists and is likely to continue to exist such that the operation of the conveyance endangers the public, the State Fire Marshal or state elevator inspector shall cause a formal investigation to be made. During the formal investigation, a statement shall be taken from the person who made the request for an investigation and the person's name, address, and telephone number shall be made available to any opposing parties upon request.
(4) If the State Fire Marshal or state elevator inspector determines that there are no reasonable grounds to believe that a violation or danger exists under either subsection (2) or (3) of this section, the State Fire Marshal shall notify the person requesting the investigation in writing of such determination.
Source
Laws 2006, LB 489, § 30;
R.S.1943, (2010), § 48-2530;
Laws 2019, LB301, § 75.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,240 - Act; how construed; liability.

81-5,240.
Act; how construed; liability.
The Conveyance Safety Act shall not be construed to relieve or lessen the responsibility or liability of any person owning, operating, controlling, maintaining, erecting, constructing, installing, altering, testing, or repairing any conveyance covered by the act for damages to person or property caused by any defect therein. By administering the Conveyance Safety Act, the state and its officers and employees assume no liability for accidents involving a conveyance.
Source
Laws 2006, LB 489, § 31;
R.S.1943, (2010), § 48-2531;
Laws 2019, LB301, § 76.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,241 - Compliance with code at time of installation; notification of dangerous condition.

81-5,241.
Compliance with code at time of installation; notification of dangerous condition.
Under the Conveyance Safety Act, conveyances shall be required to comply with the code standards applicable at the time such conveyance was or is installed. However, if, upon the inspection of any conveyance, (1) the conveyance is found to be in a dangerous condition or there is an immediate hazard to those using such conveyance or (2) the design or the method of operation in combination with devices used is inherently dangerous, the state elevator inspector shall notify the owner of the conveyance of such condition and shall order such alterations or additions as may be deemed necessary to eliminate the dangerous condition.
Source
Laws 2006, LB 489, § 32;
R.S.1943, (2010), § 48-2532;
Laws 2019, LB301, § 77.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,242 - Violations; penalty.

81-5,242.
Violations; penalty.
(1) Any person who knowingly violates the Conveyance Safety Act is guilty of a Class V misdemeanor. Each violation shall be a separate offense.
(2) Any person who installs a conveyance in violation of the Conveyance Safety Act is guilty of a Class II misdemeanor.
Source
Laws 2006, LB 489, § 33;
R.S.1943, (2010), § 48-2533;
Laws 2019, LB301, § 78.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,243 - Transfer of duties and functions to State Fire Marshal; effect on property, contracts, rules and regulations, proceedings, and employment.

81-5,243.
Transfer of duties and functions to State Fire Marshal; effect on property, contracts, rules and regulations, proceedings, and employment.
(1) Effective July 1, 2019, all duties and functions of the Department of Labor under the Conveyance Safety Act shall be transferred to the State Fire Marshal.
(2) On July 1, 2019, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Department of Labor pertaining to the duties and functions transferred to the State Fire Marshal pursuant to this section shall become the property of the State Fire Marshal.
(3) On and after July 1, 2019, whenever the Department of Labor is referred to or designated by any contract or other document in connection with the duties and functions transferred to the State Fire Marshal pursuant to this section, such reference or designation shall apply to the State Fire Marshal. All contracts entered into by the Department of Labor prior to July 1, 2019, in connection with the duties and functions transferred to the State Fire Marshal are hereby recognized, with the State Fire Marshal succeeding to all rights and obligations under such contracts.
(4) All rules and regulations of the Department of Labor adopted prior to July 1, 2019, in connection with the duties and functions transferred to the State Fire Marshal pursuant to this section shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.
(5) No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2019, or which could have been commenced prior to that date, by or against the Department of Labor, or any employee thereof in such employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from the Department of Labor to the State Fire Marshal.
(6) On and after July 1, 2019, positions of employment in the Department of Labor related to the duties and functions transferred pursuant to this section are transferred to the State Fire Marshal. The affected employees shall retain their rights under the state personnel system or pertinent bargaining agreement, and their service shall be deemed continuous. This section does not grant employees any new rights or benefits not otherwise provided by law or bargaining agreement or preclude the State Fire Marshal from exercising any of the prerogatives of management set forth in section 81-1311 or as otherwise provided by law. This section is not an amendment to or substitute for the provisions of any existing bargaining agreements.
Source
Laws 2019, LB301, § 79.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,244 - Certain appropriations to Department of Labor; how treated.

81-5,244.
Certain appropriations to Department of Labor; how treated.
Any appropriation and salary limit provided in any legislative bill enacted by the One Hundred Sixth Legislature, First Session, to Agency No. 23 — Department of Labor, in any of the following program classifications, shall be null and void, and any such amounts are hereby appropriated to Agency No. 21, State Fire Marshal: Program No. 230 — Safety Inspection Program; Program No. 194, Division for Protection of People and Property, Subprogram 009 — Conveyance; and Program No. 194, Division for Protection of People and Property, Subprogram 010 — Boiler Inspection. Any financial obligations of the Department of Labor that remain unpaid as of June 30, 2019, and that are subsequently certified as valid encumbrances to the accounting division of the Department of Administrative Services pursuant to sections 81-138.01 to 81-138.04, shall be paid by the State Fire Marshal, Program No. 230 — Safety Inspection Program, from the unexpended balance of appropriations existing in such program classification on June 30, 2019.
Source
Laws 2019, LB301, § 80.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-601 - Department of Health and Human Services; powers.

81-601.
Department of Health and Human Services; powers.
The Department of Health and Human Services shall have general supervision and control over matters relating to public health and sanitation and shall provide for examination as provided in section 81-602 and have supervision over all matters of quarantine and quarantine regulations.
Source
Laws 1919, c. 190, tit. VI, art. I, § 1, p. 750;
C.S.1922, § 8159;
C.S.1929, § 81-5601;
Laws 1933, c. 149, § 5, p. 575;
Laws 1941, c. 141, § 8, p. 560;
C.S.Supp.,1941, § 81-927;
C.S.Supp.,1941, § 81-5601;
R.S.1943, § 81-601;
Laws 1996, LB 1044, § 840;
Laws 2007, LB296, § 730.
Annotations
Under former act, orders of board of health were subject to judicial review. Mathews v. Hedlund, 82 Neb. 825, 119 N.W. 17 (1908); Munk v. Frink, 81 Neb. 631, 116 N.W. 525 (1908).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-602 - Department of Health and Human Services; medical schools; inspection; examination of graduates.

81-602.
Department of Health and Human Services; medical schools; inspection; examination of graduates.
The Department of Health and Human Services shall have the right at all times to inspect the equipment and methods of teaching in all medical colleges and medical schools of the state and shall have the power to refuse examination to the graduates of any school which, on proper notice and hearing, shall be adjudged not a medical college or medical school in good standing as defined by the laws of this state.
Source
Laws 1919, c. 190, tit. VI, art. I, § 2, p. 750;
C.S.1922, § 8160;
C.S.1929, § 81-5602;
R.S.1943, § 81-602;
Laws 1996, LB 1044, § 842;
Laws 2007, LB296, § 731.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-603 - Formal grievance process for families involved in child welfare system or juvenile justice system; duties; report.

81-603.
Formal grievance process for families involved in child welfare system or juvenile justice system; duties; report.
The Department of Health and Human Services shall implement a formal grievance process for families involved in the child welfare system or juvenile justice system. Such grievance process shall ensure that families are not dissuaded from utilizing the grievance process for fear of reprisal from the department, providers, or foster parents. A report of each grievance allegation and the determination of and any action to be taken by the department shall be provided to the Inspector General for Nebraska Child Welfare within ten days after such determination is made.
Source
Laws 2013, LB269, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-604 - Notice to Health and Human Services Committee of the Legislature; hearing.

81-604.
Notice to Health and Human Services Committee of the Legislature; hearing.
The Department of Health and Human Services shall notify the chairperson and members of the Health and Human Services Committee of the Legislature prior to submitting any request or application to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services for a demonstration project waiver under section 1115 of the Social Security Act, 42 U.S.C. 1315. Such notification shall be made electronically and shall include a copy of any documentation presented to the public related to the waiver. The Health and Human Services Committee of the Legislature shall hold a public hearing on such waiver application during the period for public comment required under 42 C.F.R. 431.408.
Source
Laws 2019, LB468, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-604.01 - Department of Health and Human Services; notified of facility not currently licensed; reports made; by whom; investigation.

81-604.01.
Department of Health and Human Services; notified of facility not currently licensed; reports made; by whom; investigation.
Any local or state agency or department, or any private facility involved in arranging or supervising placements for those persons requiring care or supervision, shall notify the Department of Health and Human Services when there is reason to believe that the total number of persons served in any institution, facility, place, or building exceeds three individuals and that such facility is not currently licensed by the Department of Health and Human Services. The department shall investigate or inspect such complaints pursuant to the Health Care Facility Licensure Act.
Source
Laws 1981, LB 487, § 4;
Laws 1996, LB 1044, § 843;
Laws 2000, LB 819, § 154;
Laws 2007, LB296, § 732.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-604.02 - Division of Public Health of Department of Health and Human Services; survey and certification agency for medicare program and federal clinical laboratory requirements.

81-604.02.
Division of Public Health of Department of Health and Human Services; survey and certification agency for medicare program and federal clinical laboratory requirements.
For the purpose of assisting the citizens of the state in receiving benefits under the federal medicare law, the State of Nebraska authorizes the Division of Public Health of the Department of Health and Human Services to act as the survey and certification agency for the medicare program in Nebraska and to contract to perform such functions with the federal agency responsible for administration of the medicare program and to enter into such other agreements as may be necessary to implement federal requirements. The division may also contract with the federal agency to perform survey and certification functions in accordance with the federal Clinical Laboratory Improvement Amendments of 1988.
Source
Laws 1989, LB 344, § 14;
Laws 1994, LB 1210, § 158;
Laws 1996, LB 1044, § 844;
Laws 2007, LB296, § 733.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-604.03 - Division of Public Health of Department of Health and Human Services; survey and certification agency for medicaid program; notice of violation; duties.

81-604.03.
Division of Public Health of Department of Health and Human Services; survey and certification agency for medicaid program; notice of violation; duties.
The Division of Public Health of the Department of Health and Human Services is hereby authorized to act as the survey and certification agency for the medicaid program and to enter into such agreements as may be necessary to carry out its duties. On and after July 1, 2007, the division shall notify the medicaid program of any violation by a nursing facility, as defined in section 71-2097, of federal regulations for participation in the medicaid program. Civil penalties will be determined pursuant to sections 71-2097 to 71-20,101.
Source
Laws 1989, LB 344, § 15;
Laws 1996, LB 1044, § 845;
Laws 1996, LB 1155, § 77;
Laws 2007, LB296, § 734.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-637 - Cancer and smoking disease research; terms, defined.

81-637.
Cancer and smoking disease research; terms, defined.
As used in sections 81-637 to 81-640, unless the context otherwise requires:
(1) Cancer means all malignant neoplasm regardless of the tissue of origin, including malignant lymphoma and leukemia;
(2) Department means the Department of Health and Human Services; and
(3) Smoking disease means diseases whose causes are linked to smoking including, but not limited to, cardiovascular, pulmonary, and gastrointestinal diseases.
Source
Laws 1981, LB 506, § 1;
Laws 1996, LB 1044, § 846;
Laws 2007, LB296, § 735.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-639 - Cancer and smoking disease research; department; make grants and contracts; considerations.

81-639.
Cancer and smoking disease research; department; make grants and contracts; considerations.
The department when making grants and contracts pursuant to sections 81-637 to 81-640 shall consider:
(1) The relevancy of the applicant's proposal to the furthering of research of cancer and smoking diseases;
(2) The feasibility of the applicant's proposal;
(3) The availability of other sources of funding for the applicant's proposal;
(4) The facilities, personnel, and expertise available to the applicant for use in the proposal; and
(5) Evidence of the quality of the applicant's prior or existing programs for research of cancer and smoking diseases or the applicant's potential for developing new programs for such research.
Source
Laws 1981, LB 506, § 3;
Laws 2007, LB296, § 737.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-640 - Cancer and smoking disease research; department; adopt rules and regulations.

81-640.
Cancer and smoking disease research; department; adopt rules and regulations.
The department shall adopt and promulgate rules and regulations pursuant to the Administrative Procedure Act to:
(1) Establish an application process for grants and contracts;
(2) Establish criteria for programs in order to receive funding;
(3) Establish criteria as to the rates and amount of funding; and
(4) Establish other procedures as necessary for the proper administration of sections 81-637 to 81-640.
Source
Laws 1981, LB 506, § 4;
Laws 2007, LB296, § 738.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-640.01 - Cancer research; legislative findings and declarations.

81-640.01.
Cancer research; legislative findings and declarations.
The Legislature finds and declares that:
(1) Cancer is a disease which strikes many Nebraska families and has an extremely detrimental effect on the lives of many Nebraskans and on the economy of this state;
(2) Cancer research is of utmost importance to Nebraskans in efforts to combat and control this serious disease;
(3) Nebraska is fortunate to have nationally recognized programs of cancer research in colleges of medicine located in Nebraska;
(4) The promotion of diversity of research has the greatest potential for significant advancement in finding the causes of cancer and the successful treatment of the disease; and
(5) It is in the best interests of the citizens of this state to strengthen existing cancer research programs and prevent duplication of research efforts by supporting and contracting with Nebraska colleges of medicine with existing programs to provide cancer research for the improvement of public health in Nebraska.
Source
Laws 1993, LB 595, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-642 - Cancer registry; legislative intent; information released.

81-642.
Cancer registry; legislative intent; information released.
It is the intent of the Legislature to require the establishment and maintenance of a cancer registry for the State of Nebraska. This responsibility is delegated to the Department of Health and Human Services along with the authority to exercise the necessary powers to implement sections 81-642 to 81-650. To insure an accurate and continuing source of data concerning cancer, all hospitals within the state shall make available to the department upon its request, at least once a year, information contained in the medical records of patients who have cancer within such time following its diagnosis as the department shall require. Any medical doctor, osteopathic physician, or dentist within the state shall make such information available to the department upon request by the department. This cancer registry should provide a central data bank of accurate, precise, and current information which medical authorities state will assist in the research for the prevention, cure, and control of cancer. The information contained in the cancer registry may be used as a source of data for scientific and medical research. Any information released from the cancer 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 1982, LB 212, § 1;
Laws 1989, LB 342, § 38;
Laws 1991, LB 703, § 68;
Laws 1993, LB 536, § 113;
Laws 1995, LB 406, § 87;
Laws 1996, LB 1044, § 848;
Laws 2007, LB296, § 739.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-643 - Cancer registry; terms, defined.

81-643.
Cancer registry; terms, defined.
As used in sections 81-642 to 81-650, unless the context otherwise requires, the definitions in section 81-664 shall be used and:
(1) Cancer shall mean: (a) A large group of diseases characterized by an uncontrolled growth and spread of abnormal cells; (b) any condition of tumors having the properties of anaplasia, invasion, and metastasis; (c) a cellular tumor the natural course of which is fatal; and (d) malignant neoplasm. Cancer shall be deemed to include, but not be limited to, carcinoma, sarcoma, melanoma, lymphoma, Hodgkin's disease, and myeloma, but shall not include precancerous conditions, benign polyps, or benign tumors; and
(2) Cancer registry shall mean the system of reporting established by sections 81-642 to 81-650 in which the cases of cancer in this state are reported and recorded in order to achieve the goals of prevention, cure, and control of cancer through research and education.
Source
Laws 1982, LB 212, § 2;
Laws 1991, LB 703, § 69;
Laws 1993, LB 536, § 114.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-644 - Cancer registry; Department of Health and Human Services; establish and maintain; information released.

81-644.
Cancer registry; Department of Health and Human Services; establish and maintain; information released.
The department shall establish and maintain a cancer registry that includes a record of the cases of cancer that occur within the state and such information concerning these cases which the department determines necessary and appropriate to provide a basic source of information to further scientific and medical research for the prevention, cure, and control of cancer. Any information released from the registry shall be disclosed as Class I, Class II, Class III, and Class IV data as provided in sections 81-663 to 81-675.
Source
Laws 1982, LB 212, § 3;
Laws 1991, LB 703, § 70;
Laws 1993, LB 536, § 115.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-645 - Cancer registry; Department of Health and Human Services; duties.

81-645.
Cancer registry; Department of Health and Human Services; duties.
In order to implement the intent and purposes of sections 81-642 to 81-650, the department shall:
(1) Compile and publish a statistical report annually or at reasonable intervals containing information obtained from patient data pursuant to such sections in order to provide accessible information useful to physicians, medical personnel, and the public. Such report shall comply with sections 81-663 to 81-675;
(2) Comply with all necessary requirements in order to obtain funds or grants;
(3) Coordinate with existing statewide cancer registry programs to the extent feasible; and
(4) Consult with medical professionals, hospital tumor registries, and medical records representatives in formulating the plans and policies of the cancer registry program.
Source
Laws 1982, LB 212, § 4;
Laws 1986, LB 925, § 2;
Laws 1991, LB 703, § 71;
Laws 1993, LB 536, § 116.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-646 - Cancer registry; hospital; health practitioner; provide data; contents.

81-646.
Cancer registry; hospital; health practitioner; provide data; contents.
(1) On the request of the department or its authorized representative, each medical doctor, osteopathic physician, or dentist within the state shall produce and make available to the department or its authorized representative, in a manner prescribed by the department, data which the department determines is necessary and appropriate from each medical record of cancer under the doctor's, osteopathic physician's, or dentist's custody or control.
(2) Each hospital within the state shall make available to the department or its authorized representative on presentation of proper identification of the department's representative, a list of names of cancer patients, corresponding medical records numbers, and medical records which document the diagnosis and treatment of cancer on the premises of the hospital, office, or clinic during normal working hours, for the purpose of recording specific data about a patient's cancer.
(3) Each hospital that initially diagnoses cancer made reportable by the department for more than fifty patients during a calendar year shall, for the next calendar year, at the request of the department or its authorized representative, produce and make available, in a manner prescribed by the department, data which the department determines is necessary and appropriate from each medical record of cancer under the control of the hospital. Any hospital with fewer than fifty initial diagnoses of cancer may report in the same manner.
(4) The data produced pursuant to subsection (1) of this section shall include, but not be limited to, the:
(a) Patient's name, address, and available social security number;
(b) Patient's hospital accession number;
(c) Patient's birthdate, race, and sex;
(d) Date of diagnosis;
(e) Primary site of cancer;
(f) Stage of the disease, including in situ, localized, regional, distant, or metastasis;
(g) Basis of staging, including clinical diagnostic, surgical evaluative, postsurgical treatment pathological, or retreatment; and
(h) Diagnostic confirmation.
Source
Laws 1982, LB 212, § 5;
Laws 1986, LB 925, § 3;
Laws 1989, LB 342, § 39;
Laws 1995, LB 406, § 88.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-647 - Cancer registry; certain data; confidential; access for research.

81-647.
Cancer registry; certain data; confidential; access for research.
(1) All data obtained from medical records of individual patients is for the confidential use of the department and the private or public persons or entities that the department determines may view such records as provided in sections 81-663 to 81-675.
(2) The department may approve individuals or entities to obtain access to case-specific data or case-specific and patient-identifying data to assist in their research for prevention, cure, or control of cancer. Any information released from the cancer registry shall be disclosed as provided in sections 81-663 to 81-675.
(3) For purposes of protecting the public health, local health departments in Nebraska, health departments or cancer registries located outside Nebraska, and the Centers for Disease Control and Prevention and the National Cancer Institute of the United States Department of Health and Human Services or their successors may have access to the data contained in the cancer registry upon the department's approval based on the entity's written application.
Source
Laws 1982, LB 212, § 6;
Laws 1986, LB 925, § 4;
Laws 1991, LB 703, § 72;
Laws 1992, LB 1019, § 123;
Laws 1993, LB 536, § 117;
Laws 2006, LB 994, § 111;
Laws 2007, LB185, § 48.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-648 - Cancer registry; liability for providing information; limitation.

81-648.
Cancer registry; liability for providing information; limitation.
No hospital, medical doctor, osteopathic physician, or dentist nor any administrator, officer, or employee of such hospital or office in which any such professional practices take place who is in compliance with sections 81-642 to 81-650 and 81-663 to 81-675 shall be civilly or criminally liable for divulging the information required pursuant to such sections. The department or any of its officials or employees shall not be liable civilly or criminally for the release of information contained in the cancer registry or for the conduct or activities of any individual or entity permitted access to data of the cancer registry if done pursuant to sections 81-663 to 81-675.
Source
Laws 1982, LB 212, § 7;
Laws 1989, LB 342, § 40;
Laws 1991, LB 703, § 73;
Laws 1993, LB 536, § 118.