reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4617 - Manufacturer; furnish commission with information regarding hazards, defects, and noncompliance; disclosure to public; limitation; exception.

71-4617.
Manufacturer; furnish commission with information regarding hazards, defects, and noncompliance; disclosure to public; limitation; exception.
Every manufacturer shall furnish to the commission a true or representative copy of all notices, bulletins, and other communications sent to the dealers of the manufacturer or to purchasers of manufactured homes or recreational vehicles of the manufacturer regarding any imminent safety hazard or serious defect in a single manufactured home or recreational vehicle or a noncompliance determined to be in a class of manufactured homes or recreational vehicles produced by the manufacturer. The commission shall disclose to the public so much of the information contained in such notices or other information obtained pursuant to the Uniform Standard Code for Manufactured Homes and Recreational Vehicles as it deems will assist in carrying out the purposes of the code, but it shall not disclose any information which contains or relates to a trade secret or which, if disclosed, would put the manufacturer at a substantial competitive disadvantage, unless the commission determines that such disclosure is necessary to carry out the purposes of the code.
Source
Laws 1975, LB 300, § 16;
Laws 1985, LB 313, § 20;
Laws 1993, LB 536, § 97;
Laws 1998, LB 1073, § 141.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4618 - Commission; notice to manufacturers concerning nonconformance; opportunity for evidence; determination by commission; effect.

71-4618.
Commission; notice to manufacturers concerning nonconformance; opportunity for evidence; determination by commission; effect.
(1) If the commission determines that any manufactured home or recreational vehicle (a) does not comply with an applicable standard adopted by the commission or (b) contains a failure to conform which constitutes an imminent safety hazard or serious defect in a single manufactured home or recreational vehicle or a noncompliance determined to be in a class of manufactured homes or recreational vehicles, it shall immediately notify the manufacturer of such failure to conform. The notice shall contain the findings of the commission and shall include all information upon which the findings are based.
(2) The commission shall afford such manufacturer an opportunity to present its views and supporting evidence to establish that there is no failure to conform. If, after such presentation by the manufacturer, the commission determines that there is a failure to conform with applicable standards or a failure to conform which constitutes a serious defect or an imminent safety hazard, the commission shall direct the manufacturer to furnish the notification specified in section 71-4616.
Source
Laws 1975, LB 300, § 17;
Laws 1985, LB 313, § 21;
Laws 1993, LB 536, § 98;
Laws 1998, LB 1073, § 142.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4619 - Manufacturer; maintain sales records; commission; rules and regulations.

71-4619.
Manufacturer; maintain sales records; commission; rules and regulations.
Every manufacturer shall maintain a record of the name and address of the first purchaser of each manufactured home or recreational vehicle for purposes other than resale and, to the maximum extent feasible and reasonable, shall maintain procedures for ascertaining the name and address of any subsequent purchaser and shall maintain a record of names and addresses so ascertained. Such records shall be kept for each manufactured home or recreational vehicle produced by a manufacturer. The commission may establish by rule and regulation procedures to be followed by manufacturers in establishing and maintaining such records, including procedures to be followed by distributors and dealers to assist manufacturers to secure the information required by this section.
Source
Laws 1975, LB 300, § 18;
Laws 1985, LB 313, § 22;
Laws 1993, LB 536, § 99;
Laws 1998, LB 1073, § 143.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4620 - Manufacturer; compliance with standards or correction of nonconformance; conditions; powers of commission; remedy plan; replacement or refund; when provided.

71-4620.
Manufacturer; compliance with standards or correction of nonconformance; conditions; powers of commission; remedy plan; replacement or refund; when provided.
(1) A manufacturer required to furnish notification of a failure to conform under section 71-4616 or 71-4618 shall also bring the manufactured home or recreational vehicle into compliance with applicable commission standards and correct the failure to conform or have the failure to conform corrected within a reasonable period of time at no expense to the owner if the failure to conform presents an unreasonable risk of injury or death to occupants and the failure to conform can be related to an error by the manufacturer in design or assembly.
(2) The commission may direct the manufacturer to make such corrections after providing an opportunity for oral and written presentation of views by interested persons. Nothing in this section shall limit the rights of the purchaser or any other person under any contract or applicable law.
(3) The manufacturer shall submit a remedy plan for repairing such failure to conform to the commission for its approval, or the manufacturer shall notify the commission of the corrective action the manufacturer has taken and request state approval. Whenever a manufacturer is required to correct a failure to conform, the commission shall approve with or without modification, after consultation with the manufacturer, the manufacturer's remedy plan, including the date when and the method by which the notification and remedy required pursuant to this section shall be effectuated. Such date shall be the earliest practicable one but shall not be more than sixty days after the date of discovery or determination of the failure to conform, unless the commission grants an extension of such period for good cause shown. The manufacturer shall implement any remedy plan approved by the commission.
(4) When a failure to conform cannot be adequately repaired within sixty days from the date of discovery or determination of the failure to conform, the commission may require that the manufactured home or recreational vehicle be replaced with a new or equivalent manufactured home or recreational vehicle without charge or that the purchase price be refunded in full, less a reasonable allowance for depreciation based on actual use if the manufactured home or recreational vehicle has been in the possession of the owner for more than one year.
Source
Laws 1975, LB 300, § 19;
Laws 1985, LB 313, § 23;
Laws 1993, LB 536, § 100;
Laws 1998, LB 1073, § 144.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4620.01 - Existing rules, regulations, orders, suits, and proceedings; effect of transfer.

71-4620.01.
Existing rules, regulations, orders, suits, and proceedings; effect of transfer.
All rules, regulations, and orders of the Department of Health and Human Services Regulation and Licensure or its predecessor agency adopted prior to May 1, 1998, in connection with the powers, duties, and functions transferred to the Public Service Commission under the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.
No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to May 1, 1998, or which could have been commenced prior to that date, by or against such department or agency, or the director or employee thereof in such director's or 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 such department or agency to the commission.
On and after May 1, 1998, unless otherwise specified, whenever any provision of law refers to such department or agency in connection with duties and functions transferred to the commission, the law shall be construed as referring to the commission.
Any costs incurred by the department and associated with the transfer of powers, duties, and functions to the commission under the code shall be borne by the commission.
Source
Laws 1998, LB 1073, § 145.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4720 - Commission for the Deaf and Hard of Hearing; created; members; appointment; qualifications.

71-4720.
Commission for the Deaf and Hard of Hearing; created; members; appointment; qualifications.
There is hereby created the Commission for the Deaf and Hard of Hearing which shall consist of nine members to be appointed by the Governor subject to approval by the Legislature. The commission members shall include three deaf persons, three hard of hearing persons, and three persons who have an interest in and knowledge of deafness and hearing loss issues. A majority of the commission members who are deaf or hard of hearing shall be able to express themselves through sign language. Employees of any state agency other than employees of the commission shall be eligible to serve on the commission. When appointing members to the commission, the Governor shall consider recommendations from individuals, organizations, and the public.
Source
Laws 1979, LB 101, § 1;
Laws 1981, LB 250, § 1;
Laws 1987, LB 376, § 16;
Laws 1995, LB 25, § 1;
Laws 1997, LB 851, § 12;
Laws 2019, LB248, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4720.01 - Terms, defined.

71-4720.01.
Terms, defined.
For purposes of sections 71-4720 to 71-4732.01:
(1) Commission means Commission for the Deaf and Hard of Hearing;
(2) Deaf means a hearing impairment, with or without amplification, which is so severe that the person with the impairment may have difficulty in auditorily processing spoken language without the use of an interpreter;
(3) Hard of hearing means a hearing loss, permanent or fluctuating, which may adversely affect the ability to understand spoken language without the use of an interpreter or auxiliary aid; and
(4) Licensed interpreter has the same meaning as in section 20-151.
Source
Laws 1997, LB 851, § 13;
Laws 2000, LB 352, § 17;
Laws 2001, LB 334, § 3;
Laws 2002, LB 22, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4721 - Commission; members; terms.

71-4721.
Commission; members; terms.
Members of the commission shall serve for terms of three years and may not serve more than two consecutive three-year terms. A former member who has served two consecutive terms may be reappointed to the commission after at least one year of nonservice. The terms of the members shall expire on January 31 of the final year of their appointed term. As the terms of the appointees expire, succeeding appointees shall be representatives of the same segment of the public as the previous appointee, and such successors shall be appointed to three-year terms, except appointees to vacancies occurring from unexpired terms, in which case the successor shall serve out the term of his or her predecessor. Members whose terms have expired shall continue to serve until their successors have been appointed.
Source
Laws 1979, LB 101, § 2;
Laws 1987, LB 376, § 17;
Laws 1997, LB 851, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4722 - Members; removal; grounds.

71-4722.
Members; removal; grounds.
Members may be removed by the Governor for inefficiency, neglect of duty, or misconduct in office, but only after delivering to the member a copy of the charges and affording such member an opportunity to be publicly heard in person, or by counsel, in his or her own defense, upon not less than ten days' notice.
Source
Laws 1979, LB 101, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4723 - Members; expenses.

71-4723.
Members; expenses.
The members of the commission shall receive no compensation for their services as such but shall be reimbursed for expenses in attending meetings of the commission and in carrying out their official duties as provided in sections 81-1174 to 81-1177.
Source
Laws 1979, LB 101, § 4;
Laws 1981, LB 204, § 131;
Laws 2020, LB381, § 66.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4724 - Commission; meetings; record; quorum.

71-4724.
Commission; meetings; record; quorum.
The commission shall hold at least four meetings a year, at a time and place decided by the commission, and shall keep a record of its proceedings, which shall be open to the public for inspection. The commission shall adopt and promulgate rules and regulations for the holding of special meetings. Written notice of the time and place of all meetings shall be mailed in advance to the office of each member of the commission by the secretary. Six members of the commission shall constitute a quorum.
Source
Laws 1979, LB 101, § 5;
Laws 1981, LB 250, § 2;
Laws 1987, LB 376, § 18;
Laws 1997, LB 851, § 15.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4725 - Commission; officers; elect.

71-4725.
Commission; officers; elect.
The commission shall annually elect from its members a chairperson, vice-chairperson, and secretary. At least one officer shall be a deaf or hard of hearing person. The vice-chairperson shall serve as chairperson in case of the absence or disability of the chairperson.
Source
Laws 1979, LB 101, § 6;
Laws 1981, LB 250, § 3;
Laws 1987, LB 376, § 19;
Laws 1997, LB 851, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4726 - Commission; executive director; appoint.

71-4726.
Commission; executive director; appoint.
The commission shall appoint a qualified person to serve as executive director who shall serve with the advice and consent of the commission. When appointing an executive director preference may be given to a deaf or hard of hearing person.
Source
Laws 1979, LB 101, § 7;
Laws 1981, LB 250, § 4;
Laws 1997, LB 851, § 17.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4727 - Commission; employees.

71-4727.
Commission; employees.
The commission may employ any employees, including interpreters, it considers necessary to carry out the purposes of sections 71-4720 to 71-4732.01.
Source
Laws 1979, LB 101, § 8;
Laws 1995, LB 25, § 2;
Laws 1999, LB 359, § 1;
Laws 2001, LB 334, § 4;
Laws 2002, LB 22, § 15.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4728.01 - Commission; mental health, alcoholism, and drug abuse services; service coordination.

71-4728.01.
Commission; mental health, alcoholism, and drug abuse services; service coordination.
The commission shall not deliver direct mental health, alcoholism, and drug abuse services but shall assist in obtaining full access to comprehensive mental health, alcoholism, and drug abuse services for deaf or hard of hearing persons by providing service coordination for deaf or hard of hearing persons with mental health, alcoholism, and drug abuse disorders including:
(1) Meeting the communication needs of deaf or hard of hearing persons including interpreter services and auxiliary aids;
(2) Education and training for persons who provide treatment for mental health, alcoholism, and drug abuse disorders to deaf or hard of hearing persons; and
(3) Placement of assistive-listening devices for deaf or hard of hearing persons in mental health, alcoholism, and drug abuse treatment facilities.
Source
Laws 1995, LB 25, § 4;
Laws 1997, LB 851, § 19.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4728.02 - Commission; mental health specialist advisor; duties.

71-4728.02.
Commission; mental health specialist advisor; duties.
The commission shall appoint a mental health specialist advisor. The specialist shall monitor and provide advice to mental health, alcoholism, and drug abuse programs which provide treatment for deaf or hard of hearing persons. The specialist shall also serve as the commission's liaison to persons who provide treatment or intervention services for mental health, alcoholism, and drug abuse disorders which provide treatment for deaf or hard of hearing persons.
Source
Laws 1995, LB 25, § 5;
Laws 1997, LB 851, § 20.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4728.03 - Commission; special advisory committee; members.

71-4728.03.
Commission; special advisory committee; members.
The commission shall implement section 71-4728.02 with the advice of a special advisory committee appointed by the commission. The committee shall consist of five members as follows: Three counselors familiar with mental health, alcoholism, and drug abuse disorders in deaf or hard of hearing persons and two human services professionals. The Department of Health and Human Services and the commission shall each have a representative who serves on the committee in a nonvoting technical capacity.
Source
Laws 1995, LB 25, § 6;
Laws 1996, LB 1044, § 682;
Laws 1997, LB 851, § 21.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4728.04 - Commission; telehealth system; powers and duties.

71-4728.04.
Commission; telehealth system; powers and duties.
(1) The commission may establish a telehealth system to provide access for deaf and hard of hearing persons in remote locations to mental health, alcoholism, and drug abuse services. The telehealth system may (a) provide access for deaf or hard of hearing persons to counselors who communicate in sign language and are knowledgeable in deafness and hearing loss issues, (b) promote access for hard of hearing persons through contacts with counselors in which hard of hearing persons receive both visual cues, or reading lips, and auditory cues, (c) offer remote interpreter services for deaf or hard of hearing persons to interact with counselors who are not fluent in sign language, and (d) promote participation in educational programs.
(2) The commission shall set and charge a fee between the range of twenty and one hundred fifty dollars per hour for the use of the telehealth system. The commission shall remit all fees collected pursuant to this section to the State Treasurer for credit to the Telehealth System Fund.
(3) For purposes of this section, telehealth has the same meaning as in section 71-8503.
Source
Laws 2001, LB 334, § 1;
Laws 2002, Second Spec. Sess., LB 49, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4728.05 - Interpreter Review Board; members; duties; expenses.

71-4728.05.
Interpreter Review Board; members; duties; expenses.
(1) The commission shall appoint the Interpreter Review Board as required in section 20-156.
(2) Members of the Interpreter Review Board shall be as follows:
(a) A representative of the Department of Health and Human Services and the executive director of the commission or his or her designee, both of whom shall serve continuously and without limitation;
(b) One qualified interpreter, appointed for a term to expire on June 30, 2008;
(c) One representative of local government, appointed for a term to expire on June 30, 2008;
(d) One deaf or hard of hearing person, appointed for a term to expire on June 30, 2009;
(e) One qualified interpreter, appointed for a term to expire on June 30, 2009;
(f) One deaf or hard of hearing person, appointed for a term to expire on June 30, 2010; and
(g) One representative of local government, appointed for a term to expire on June 30, 2010.
(3) Upon the expiration of the terms described in subsection (2) of this section, members other than those identified in subdivision (2)(a) of this section shall be appointed for terms of three years. No such member may serve more than two consecutive three-year terms beginning June 30, 2007, except that members whose terms have expired shall continue to serve until their successors have been appointed and qualified.
(4) The commission may remove a member of the board for inefficiency, neglect of duty, or misconduct in office after delivering to such member a copy of the charges and a public hearing in accordance with the Administrative Procedure Act. If a vacancy occurs on the board, the commission shall appoint another member with the same qualifications as the vacating member to serve the remainder of the term. The members of the board shall receive no compensation but shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177 in attending meetings of the commission and in carrying out their official duties as provided in this section and section 20-156.
(5) The board shall establish policies, standards, and procedures for evaluating and licensing interpreters, including, but not limited to, testing, training, issuance, renewal, and denial of licenses, continuing education and continuing competency assessment, investigation of complaints, and disciplinary actions against a license pursuant to section 20-156.
Source
Laws 2002, LB 22, § 17;
Laws 2006, LB 87, § 5;
Laws 2007, LB296, § 590;
Laws 2020, LB381, § 67.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4729 - Commission; cooperate with state agencies.

71-4729.
Commission; cooperate with state agencies.
The commission shall in fulfilling its responsibilities enumerated in section 71-4728 cooperate with any state agency having authority related to the problems of deaf or hard of hearing persons. Such agencies shall also cooperate with the commission. Avoidance of unnecessary duplication of state-delivered services to deaf or hard of hearing persons shall be a primary objective of such cooperation.
Source
Laws 1979, LB 101, § 10;
Laws 1981, LB 250, § 6;
Laws 1995, LB 25, § 7;
Laws 1997, LB 851, § 22.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4730 - Commission; agreements; contracts; enter into.

71-4730.
Commission; agreements; contracts; enter into.
The commission may make agreements with other state agencies and may contract with other individuals, organizations, corporations, associations, or other legal entities including private agencies or any department or agency of the federal government or the state or any political subdivision thereof, to carry out the functions and purposes of the commission.
Source
Laws 1979, LB 101, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4731 - Governor; gifts, grants, and donations; accept.

71-4731.
Governor; gifts, grants, and donations; accept.
The Governor may accept gifts, grants, and donations of money, personal property, and real property for use in expanding and improving services to deaf or hard of hearing persons of this state.
Source
Laws 1979, LB 101, § 12;
Laws 1997, LB 851, § 23.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4732 - Commission for the Deaf and Hard of Hearing Fund; created; use; investment.

71-4732.
Commission for the Deaf and Hard of Hearing Fund; created; use; investment.
There is hereby created a Commission for the Deaf and Hard of Hearing Fund to consist of such funds as the Legislature shall appropriate, any funds received under sections 20-156 and 71-4731, and any fees collected for interpreter services as provided in section 71-4728. The fund shall be used to administer sections 20-156 and 71-4720 to 71-4732.01, except that (1) money in the fund from fees collected for interpreter services shall be used only for expenses related to the provision of such services, (2) money in the fund may only be used to provide services pursuant to section 71-4728.04 if there is no money in the Telehealth System Fund, and (3) transfers may be made from the Commission for the Deaf and Hard of Hearing Fund to the General Fund at the direction of the Legislature. Any money in the Commission for the Deaf and Hard of Hearing 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 1979, LB 101, § 13;
Laws 1995, LB 7, § 78;
Laws 1995, LB 25, § 8;
Laws 1997, LB 851, § 24;
Laws 1999, LB 359, § 3;
Laws 2001, LB 334, § 5;
Laws 2002, LB 22, § 18;
Laws 2009, First Spec. Sess., LB3, § 45.
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 › 71-4732.01 - Telehealth System Fund; created; use; investment.

71-4732.01.
Telehealth System Fund; created; use; investment.
The Telehealth System Fund is created. The fund shall be used for any expenses related to the operation and maintenance of the telehealth system established in section 71-4728.04. 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 2001, LB 334, § 2.
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 › 71-4735 - Legislative findings and purpose.

71-4735.
Legislative findings and purpose.
(1) The Legislature finds that:
(a) Hearing loss occurs in newborns more frequently than any other health condition for which newborn screening is required;
(b) Early detection of hearing loss in a child and early intervention and treatment before six months of age has been demonstrated to be highly effective in facilitating a child's language, communication, and educational development;
(c) Children of all ages can receive reliable and valid screening for hearing loss in a cost-effective manner; and
(d) Appropriate screening and identification of newborns and infants with hearing loss will facilitate early intervention and treatment in the critical time period for language development and may serve the public purposes of promoting the healthy development of children and reducing public expenditure for health care, special education, and related services.
(2) The purpose of the Infant Hearing Act is:
(a) To provide early detection of hearing loss in newborns at the birthing facility, or as soon after birth as possible for those children born outside of a birthing facility, to enable these children and their families and other caregivers to obtain needed multidisciplinary evaluation, treatment, and intervention services at the earliest opportunity and to prevent or mitigate the developmental delays and academic failures associated with late detection of hearing loss; and
(b) To provide the state with the information necessary to effectively plan, establish, and evaluate a comprehensive system for the identification of newborns and infants who have a hearing loss.
Source
Laws 2000, LB 950, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4736 - Terms, defined.

71-4736.
Terms, defined.
For purposes of the Infant Hearing Act:
(1) Birth admission means the time after birth that the newborn remains in the hospital or other health care facility prior to discharge;
(2) Birthing facility means a hospital or other health care facility in this state which provides birthing and newborn care services;
(3) Confirmatory testing facility means a hospital or other health care facility in this state which provides followup hearing tests;
(4) Infant means a child from thirty days through twelve months old;
(5) Newborn means a child from birth through twenty-nine days old; and
(6) Parent means a natural parent, stepparent, adoptive parent, legal guardian, or other legal custodian of a child.
Source
Laws 2000, LB 950, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4737 - Hearing loss; tracking system.

71-4737.
Hearing loss; tracking system.
The Legislature recognizes that it is necessary to track newborns and infants identified with a potential hearing loss or who have been evaluated and have been found to have a hearing loss for a period of time in order to render appropriate followup care. The Department of Health and Human Services shall determine and implement the most appropriate system for this state which is available to track newborns and infants identified with a hearing loss. It is the intent of the Legislature that the tracking system provide the department and Legislature with the information necessary to effectively plan and establish a comprehensive system of developmentally appropriate services for newborns and infants who have a potential hearing loss or who have been found to have a hearing loss and shall reduce the likelihood of associated disabling conditions for such newborns and infants.
Source
Laws 2000, LB 950, § 4;
Laws 2005, LB 301, § 44;
Laws 2007, LB296, § 591.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4738 - Federal funding.

71-4738.
Federal funding.
The Department of Health and Human Services shall apply for all available federal funding to implement the Infant Hearing Act.
Source
Laws 2000, LB 950, § 5;
Laws 2005, LB 301, § 45;
Laws 2007, LB296, § 592.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4739 - Birthing facility; confirmatory testing facility; reports required.

71-4739.
Birthing facility; confirmatory testing facility; reports required.
(1) Every birthing facility shall annually report to the Department of Health and Human Services the number of:
(a) Newborns born;
(b) Newborns and infants recommended for a hearing screening test;
(c) Newborns who received a hearing screening test during birth admission;
(d) Newborns who passed a hearing screening test during birth admission if administered;
(e) Newborns who did not pass a hearing screening test during birth admission if administered; and
(f) Newborns recommended for monitoring, intervention, and followup care.
(2) Every confirmatory testing facility shall annually report to the Department of Health and Human Services the number of:
(a) Newborns and infants who return for a followup hearing test;
(b) Newborns and infants who do not have a hearing loss based upon the followup hearing test; and
(c) Newborns and infants who are shown to have a hearing loss based upon the followup hearing test.
Source
Laws 2000, LB 950, § 6;
Laws 2005, LB 301, § 46;
Laws 2007, LB296, § 593.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4740 - Hearing loss; educational information.

71-4740.
Hearing loss; educational information.
(1) Every birthing facility shall educate the parents of newborns born in such facilities of the importance of receiving a hearing screening test and any necessary followup care. This educational information shall explain, in lay terms, the hearing screening test, the likelihood of the newborn having a hearing loss, followup procedures, and community resources, including referral for early intervention services under the Early Intervention Act. The educational information shall also include a description of the normal auditory, speech, and language developmental process in children. Education shall not be considered a substitute for the hearing screening test.
(2) If a newborn is not born in a birthing facility, the Department of Health and Human Services shall educate the parents of such newborns of the importance of receiving a hearing screening test and any necessary followup care. The department shall also give parents information to assist them in having the test performed within three months after the date of the child's birth.
Source
Laws 2000, LB 950, § 7;
Laws 2005, LB 301, § 47;
Laws 2007, LB296, § 594.
Cross References
Early Intervention Act, see section 43-2501.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4741 - Hearing screening; department; duties.

71-4741.
Hearing screening; department; duties.
(1) The Department of Health and Human Services shall determine which birthing facilities are administering hearing screening tests to newborns and infants on a voluntary basis and the number of newborns and infants screened. The department shall submit electronically an annual report to the Legislature stating the number of:
(a) Birthing facilities administering voluntary hearing screening tests during birth admission;
(b) Newborns screened as compared to the total number of newborns born in such facilities;
(c) Newborns who passed a hearing screening test during birth admission if administered;
(d) Newborns who did not pass a hearing screening test during birth admission if administered; and
(e) Newborns recommended for followup care.
(2) The Department of Health and Human Services, in consultation with the State Department of Education, birthing facilities, and other providers, shall develop approved screening methods and protocol for statewide hearing screening tests of substantially all newborns and infants.
(3) Subject to available appropriations, the Department of Health and Human Services shall make the report described in this section available.
Source
Laws 2000, LB 950, § 8;
Laws 2005, LB 301, § 48;
Laws 2007, LB296, § 595;
Laws 2012, LB782, § 118.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4742 - Hearing screening test; newborn; standard of care.

71-4742.
Hearing screening test; newborn; standard of care.
(1) Each birthing facility shall include a hearing screening test as part of its standard of care for newborns and shall establish a mechanism for compliance review. A hearing screening test shall be conducted on no fewer than ninety-five percent of the newborns born in this state.
(2) If the number of newborns receiving a hearing screening test does not equal or exceed ninety-five percent of the total number of newborns born in this state on or before December 1, 2003, or falls below ninety-five percent at any time thereafter, the Department of Health and Human Services shall immediately adopt and promulgate rules and regulations implementing a hearing screening program. The hearing screening program shall provide for a hearing screening test that every newborn born in this state shall undergo and shall provide that the hearing screening test be completed during birth admission or, if that is not possible, no later than three months after birth. Notwithstanding this section, it is the goal of this state to achieve a one-hundred-percent screening rate.
Source
Laws 2000, LB 950, § 9;
Laws 2005, LB 301, § 49;
Laws 2007, LB296, § 596.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4743 - Referral guidelines.

71-4743.
Referral guidelines.
The Department of Health and Human Services and the State Department of Education shall establish guidelines for when a referral shall be made for early intervention services under the Early Intervention Act. The guidelines shall include a request for an individual evaluation of a child suspected of being deaf or hard of hearing as defined in section 79-1118.01.
Source
Laws 2000, LB 950, § 10;
Laws 2005, LB 301, § 50;
Laws 2007, LB296, § 597.
Cross References
Early Intervention Act, see section 43-2501.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4744 - Rules and regulations.

71-4744.
Rules and regulations.
The Department of Health and Human Services shall adopt and promulgate rules and regulations necessary to implement the Infant Hearing Act.
Source
Laws 2000, LB 950, § 11;
Laws 2005, LB 301, § 51;
Laws 2007, LB296, § 598.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4745 - Terms, defined.

71-4745.
Terms, defined.
For purposes of sections 71-4745 to 71-4747:
(1) Communication means a two-way, interactive process to convey meaning from one person or group to another through the use of mutually understood signs, symbols, or voice;
(2) Credentialed teacher of the deaf means a certificated teacher with a special education endorsement in deaf or hard of hearing education;
(3) English means English literacy, spoken English, signing exact English and morphemic system of signs, conceptually accurate signed English, cued speech, and any other visual supplements;
(4) Language means a complex and dynamic system of conventional symbols that is used in various modes for thought and communication; and
(5) Literacy includes the developmental stages of literacy, which are necessary beginning stages to master a language and which include pre-emergent, emergent, and novice levels.
Source
Laws 2020, LB965, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4746 - Language assessment program; children from birth through five years of age; scope; report.

71-4746.
Language assessment program; children from birth through five years of age; scope; report.
(1) The State Department of Education, in collaboration with the Commission for the Deaf and Hard of Hearing, shall establish and coordinate a language assessment program for children who are deaf or hard of hearing. The program shall assess, monitor, and track the language developmental milestones for children from birth through five years of age who are deaf or hard of hearing. The scope of the program shall include children who use one or more communication modes in American Sign Language, English literacy, and, if applicable, spoken English and visual supplements.
(2) Language assessments shall be given as needed to each child who is deaf or hard of hearing and who is less than six years of age in compliance with the Special Education Act and the federal Individuals with Disabilities Education Act, as such act existed on January 1, 2020. Such language assessments shall be provided in accordance with the provisions of this section and any recommendations adopted pursuant to this section.
(3) On or before December 31, 2022, and on or before each December 31 thereafter, the State Department of Education and the Commission for the Deaf and Hard of Hearing shall publish a joint report that is specific to language and literacy developmental milestones for each age from birth through five years of age of children who are deaf or hard of hearing, including children who are deaf or hard of hearing and have another disability, relative to such children's peers who are not deaf or hard of hearing. Such report shall be based on existing data annually reported by the State Department of Education in compliance with the federally required state performance plan on pupils with disabilities. The State Department of Education and the Commission for the Deaf and Hard of Hearing shall each publish the report on their respective websites. The report shall be electronically submitted to the Education Committee of the Legislature and the Clerk of the Legislature.
Source
Laws 2020, LB965, § 5.
Cross References
Special Education Act, see section 79-1110.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4808 - Blood; who may consent to donate.

71-4808.
Blood; who may consent to donate.
Any individual of sound mind and seventeen years of age or more may consent to donate whole blood for the purpose of injecting, transfusing, or transplanting such blood in the human body. No person seventeen or eighteen years of age shall receive compensation for any donation of whole blood without parental permission or authorization.
Source
Laws 1971, LB 799, § 8;
Laws 1972, LB 1086, § 3;
Laws 1977, LB 49, § 1;
Laws 1992, LB 1178, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4813 - Eye tissue; pituitary gland; removal; when authorized.

71-4813.
Eye tissue; pituitary gland; removal; when authorized.
(1) When an autopsy is performed by the physician authorized by the county coroner to perform such autopsy, the physician or an appropriately qualified designee with training in ophthalmologic techniques, as provided for in subsection (2) of this section, may remove eye tissue of the decedent for the purpose of transplantation. The physician may also remove the pituitary gland for the purpose of research and treatment of hypopituitary dwarfism and of other growth disorders. Removal of the eye tissue or the pituitary gland shall only take place if the:
(a) Autopsy was authorized by the county coroner;
(b) County coroner receives permission from the person having control of the disposition of the decedent's remains pursuant to section 30-2223; and
(c) Removal of eye tissue or of the pituitary gland will not interfere with the course of any subsequent investigation or alter the decedent's post mortem facial appearance.
(2) An appropriately qualified designee of a physician with training in ophthalmologic techniques or a funeral director and embalmer licensed pursuant to the Funeral Directing and Embalming Practice Act upon (a) successfully completing a course in eye enucleation and (b) receiving a certificate of competence from the Department of Ophthalmology of the University of Nebraska Medical Center may enucleate the eyes of the donor.
(3) The removed eye tissue or pituitary gland shall be transported to the Department of Health and Human Services or any desired institution or health facility as prescribed by section 38-1427.
Source
Laws 1983, LB 60, § 1;
Laws 1985, LB 130, § 2;
Laws 1996, LB 1044, § 683;
Laws 2007, LB296, § 599;
Laws 2007, LB463, § 1220;
Laws 2010, LB1036, § 36;
Laws 2014, LB998, § 17.
Cross References
Funeral Directing and Embalming Practice Act, see section 38-1401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4814 - Organ and tissue donations; legislative findings; protocol; development.

71-4814.
Organ and tissue donations; legislative findings; protocol; development.
The Legislature finds that the availability of donor organs and tissue can save the lives and restore the health and productivity of many Nebraskans. Every hospital in the state shall develop a protocol, appropriate to the hospital's capability, for identifying and referring potential donor organ and tissue availability in coordination with the Revised Uniform Anatomical Gift Act. The protocol shall require utmost care and sensitivity to the family's circumstances, views, and beliefs in all discussions regarding donation of organs or tissue. Hospitals shall be required to consult with existing organ and tissue agencies preparatory to establishing a staff training and education program in the protocol. This section and section 71-4816 are for the immediate preservation of the public health and welfare.
Source
Laws 1987, LB 74, § 1;
Laws 2010, LB1036, § 37.
Cross References
Revised Uniform Anatomical Gift Act, see section 71-4824.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4816 - Certificate of death; attestation required; statistical information.

71-4816.
Certificate of death; attestation required; statistical information.
(1) The physician responsible for the completion and signing of the portion of the certificate of death entitled medical certificate of death or, if there is no such physician, the person responsible for signing the certificate of death shall attest on the death certificate whether organ or tissue donation was considered and whether consent was granted under the protocol of the hospital.
(2) The Department of Health and Human Services shall make available the number of organ and tissue donors in Nebraska for statistical purposes.
Source
Laws 1987, LB 74, § 3;
Laws 1996, LB 1044, § 684;
Laws 2007, LB296, § 600;
Laws 2010, LB1036, § 38.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4819 - Department of Health and Human Services; education regarding bone marrow donors; powers and duties.

71-4819.
Department of Health and Human Services; education regarding bone marrow donors; powers and duties.
(1) The Department of Health and Human Services shall educate residents of the state about:
(a) The need for bone marrow donors;
(b) Patient populations benefiting from bone marrow donations;
(c) How to acquire a free buccal swab kit from a bone marrow registry;
(d) The procedures required to become registered as a potential bone marrow donor, including the procedures for determining tissue type; and
(e) The medical procedures a donor must undergo to donate bone marrow and the attendant risks of the procedures.
(2) The department shall provide information and educational materials to the public regarding bone marrow donation. The department shall seek assistance from the national marrow donor program to establish a system to distribute materials, ensure that the materials are updated periodically, and fully disclose the risks involved in donating bone marrow. The department shall make special efforts to educate and recruit persons of racial and ethnic minorities to volunteer as potential bone marrow donors.
(3) The department may use the press, radio, and television and may place educational materials in appropriate health care facilities, blood banks, and state and local agencies. The department, in conjunction with the Director of Motor Vehicles, shall make educational materials available at all places where motor vehicle operators' licenses are issued or renewed.
Source
Laws 1992, LB 1099, § 1;
Laws 1996, LB 1044, § 685;
Laws 2007, LB296, § 601;
Laws 2020, LB541, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4820 - Employer; grant of leaves of absence; encouraged.

71-4820.
Employer; grant of leaves of absence; encouraged.
An employer shall be encouraged to grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow.
Source
Laws 1992, LB 1099, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4821 - Physician; inquire of new patient; provide information.

71-4821.
Physician; inquire of new patient; provide information.
Each physician may inquire of a new patient who is at least eighteen years of age and younger than forty-five years of age on the new patient's intake form as to whether the patient is registered with the bone marrow registry. If the patient states that the patient is not registered with the bone marrow registry, the physician may provide information developed and disseminated by the Department of Health and Human Services regarding the bone marrow registry to the patient.
Source
Laws 2020, LB541, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-4822 - Donor Registry of Nebraska; establishment; duties; restriction on information.

71-4822.
Donor Registry of Nebraska; establishment; duties; restriction on information.
(1) The federally designated organ procurement organization for Nebraska shall use the information received from the Department of Motor Vehicles under section 60-494 and the Game and Parks Commission under section 37-406.01 to establish and maintain the Donor Registry of Nebraska. A procurement organization located outside of Nebraska may obtain information from the Donor Registry of Nebraska when a Nebraska resident is listed as a donor on the registry and is not located in Nebraska immediately preceding or at the time of his or her death. The federally designated organ procurement organization for Nebraska may receive donor information from sources other than the Department of Motor Vehicles and shall pay all costs associated with creating and maintaining the Donor Registry of Nebraska.
(2) It is the intent of the Legislature that the Donor Registry of Nebraska facilitate organ and tissue donations and not inhibit such donations. A person does not need to be listed on the Donor Registry of Nebraska to be an organ and tissue donor.
(3) No person shall obtain information from the Donor Registry of Nebraska for the purpose of fundraising or other commercial use. Information obtained from the Donor Registry of Nebraska may only be used to facilitate the donation process at the time of the donor's death. General statistical information may be provided upon request to the federally designated organ procurement organization for Nebraska.
Source
Laws 2004, LB 559, § 7;
Laws 2010, LB1036, § 39;
Laws 2022, LB1082, § 3.