reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8709 - Provider, defined.

71-8709.
Provider, defined.
Provider means a person that is either:
(1) A facility licensed under the Health Care Facility Licensure Act; or
(2) A health care professional licensed under the Uniform Credentialing Act.
Source
Laws 2005, LB 361, § 9;
Laws 2007, LB463, § 1307.
Cross References
Health Care Facility Licensure Act, see section 71-401.
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8710 - Patient safety work product; confidentiality; use; restrictions.

71-8710.
Patient safety work product; confidentiality; use; restrictions.
(1) Patient safety work product shall be privileged and confidential.
(2) Patient safety work product shall not be:
(a) Subject to a civil, criminal, or administrative subpoena or order;
(b) Subject to discovery in connection with a civil, criminal, or administrative proceeding;
(c) Subject to disclosure pursuant to the Freedom of Information Act, 5 U.S.C. 552, as such act existed on April 28, 2005, or any other similar federal or state law, including sections 84-712 to 84-712.09;
(d) Offered in the presence of the jury or other factfinder or received into evidence in any civil, criminal, or administrative proceeding before any local, state, or federal tribunal; or
(e) If the patient safety work product is identifiable information and is received by a national accreditation organization in its capacity:
(i) Used by a national accreditation organization in an accreditation action against the provider that reported the information;
(ii) Shared by such organization with its survey team; or
(iii) Required as a condition of accreditation by a national accreditation organization.
Source
Laws 2005, LB 361, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8711 - Patient safety organization; proceedings and records; restrictions on use; violation; penalty.

71-8711.
Patient safety organization; proceedings and records; restrictions on use; violation; penalty.
No person shall disclose the actions, decisions, proceedings, discussions, or deliberations occurring at a meeting of a patient safety organization except to the extent necessary to carry out one or more of the purposes of a patient safety organization. The proceedings and records of a patient safety organization shall not be subject to discovery or introduction into evidence in any civil action against a provider arising out of the matter or matters that are the subject of consideration by a patient safety organization. Information, documents, or records otherwise available from original sources shall not be immune from discovery or use in any civil action merely because they were presented during proceedings of a patient safety organization. This section shall not be construed to prevent a person from testifying to or reporting information obtained independently of the activities of a patient safety organization or which is public information. A person who knowingly violates this section shall be guilty of a Class IV misdemeanor.
Source
Laws 2005, LB 361, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8712 - Patient safety work product; unlawful use; effect.

71-8712.
Patient safety work product; unlawful use; effect.
Any reference to, or offer into evidence in the presence of the jury or other factfinder or admission into evidence of, patient safety work product during any proceeding contrary to the Patient Safety Improvement Act shall constitute grounds for a mistrial or a similar termination of the proceeding and reversible error on appeal from any judgment or order entered in favor of any party who discloses or offers into evidence patient safety work product in violation of the act.
Source
Laws 2005, LB 361, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8713 - Act; cumulative to other law.

71-8713.
Act; cumulative to other law.
The prohibition in the Patient Safety Improvement Act against discovery, disclosure, or admission into evidence of patient safety work product is in addition to any other protections provided by law.
Source
Laws 2005, LB 361, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8714 - Patient safety organization; conditions.

71-8714.
Patient safety organization; conditions.
A patient safety organization shall meet the following conditions:
(1) It shall be a Nebraska nonprofit corporation described in section 501(c)(3) of the Internal Revenue Code as defined in section 49-801.01, contributions to which are deductible under section 170 of the code;
(2) The purposes of the organization shall include carrying out the activities of a patient safety organization as described in the Patient Safety Improvement Act; and
(3) It shall have a representative board of directors as described in section 71-8715.
Source
Laws 2005, LB 361, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8715 - Patient safety organization; board of directors; membership.

71-8715.
Patient safety organization; board of directors; membership.
The board of directors of a patient safety organization shall include at least one representative each from a statewide association of Nebraska hospitals, Nebraska physicians and surgeons, Nebraska nurses, Nebraska pharmacists, and Nebraska physician assistants as recommended by such associations. At least one consumer shall be a member of the board. The board shall consist of at least twelve but no more than fifteen members as established at the discretion of the board.
Source
Laws 2005, LB 361, § 15.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8716 - Election to be subject to act; contract; requirements.

71-8716.
Election to be subject to act; contract; requirements.
(1) A patient safety organization shall contract with providers that elect to be subject to the Patient Safety Improvement Act. The patient safety organization shall establish a formula for determining fees and assessments uniformly within categories of providers.
(2) A provider may elect to be subject to the Patient Safety Improvement Act by contracting with a patient safety organization to make reports as described in the act.
Source
Laws 2005, LB 361, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8717 - Reportable patient safety events; provider; duties.

71-8717.
Reportable patient safety events; provider; duties.
(1) Every provider subject to the Patient Safety Improvement Act shall track and report pursuant to section 71-8718 the following occurrences of patient safety events:
(a) Surgery or procedures performed on the wrong patient or the wrong body part of a patient;
(b) Foreign object accidentally left in a patient during a procedure or surgery;
(c) Hemolytic transfusion reaction in a patient resulting from the administration of blood or blood products with major blood group incompatibilities;
(d) Sexual assault of a patient during treatment or while the patient was on the premises of a facility;
(e) Abduction of a newborn infant patient from the hospital or the discharge of a newborn infant patient from the hospital into the custody of an individual in circumstances in which the hospital knew, or in the exercise of ordinary care should have known, that the individual did not have legal custody of the infant;
(f) Suicide of a patient in a setting in which the patient received care twenty-four hours a day;
(g) Medication error resulting in a patient's unanticipated death or permanent or temporary loss of bodily function, including (i) treatment intervention, temporary harm, (ii) initial-prolonged hospitalization, temporary harm, (iii) permanent patient harm, and (iv) near death event in circumstances unrelated to the natural course of the illness or underlying condition of the patient, including, but not limited to, errors involving the wrong drug, the wrong dose, the wrong patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of administration, but excluding reasonable differences in clinical judgment on drug selection and dose;
(h) Patient death or serious disability associated with the use of adulterated drugs, devices, or biologics provided by the provider;
(i) Patient death or serious disability associated with the use or function of a device in patient care in which the device is used or functions other than as intended; and
(j) Unanticipated death or major permanent loss of function associated with health care associated nosocomial infection.
(2) A patient safety organization, based on a review of new indicators of patient safety events identified by the Joint Commission on Accreditation of Healthcare Organizations, shall recommend changes, additions, or deletions to the list of reportable patient safety events, which changes, additions, or deletions shall be binding on the providers. Providers may voluntarily report any other patient safety events not otherwise identified.
Source
Laws 2005, LB 361, § 17.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8718 - Reporting requirements.

71-8718.
Reporting requirements.
(1) Every provider subject to the Patient Safety Improvement Act shall report aggregate numbers of occurrences for each patient safety event category listed in section 71-8717 to a patient safety organization. Reporting shall be done on an annual basis by March 31 for the prior calendar year.
(2) For each occurrence listed in section 71-8717, a root cause analysis shall be completed and an action plan developed within forty-five days after such occurrence. The action plan shall (a) identify changes that can be implemented to reduce risk of the patient safety event occurring again or formulate a rationale for not implementing change and (b) if an improvement action is planned, identify who is responsible for implementation, when the action will be implemented, and how the effectiveness of the action will be evaluated. The provider shall, within thirty days after the development of an action plan, provide a summary report to a patient safety organization which includes a brief description of the patient safety event, a brief description of the root cause analysis, and a description of the action plan steps.
(3) The facility where a reportable event occurred shall be responsible for coordinating the reporting of information required under the Patient Safety Improvement Act and ensuring that the required reporting is completed, and such coordination satisfies the obligation of reporting imposed on each individual provider under the act.
Source
Laws 2005, LB 361, § 18.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8719 - Nonidentifiable information; disclosure.

71-8719.
Nonidentifiable information; disclosure.
A patient safety organization may disclose nonidentifiable information, including nonidentifiable aggregate trend data and educational material developed as a result of the patient safety work product reported to it.
Source
Laws 2005, LB 361, § 19.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8720 - Public disclosure of data and information.

71-8720.
Public disclosure of data and information.
A patient safety organization shall release to the public nonidentifiable aggregate trend data identifying the number and types of patient safety events that occur. A patient safety organization shall publish educational and evidence-based information from the summary reports, which shall be available to the public, that can be used by all providers to improve the care they provide.
Source
Laws 2005, LB 361, § 20.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8721 - Immunity from liability.

71-8721.
Immunity from liability.
Any person who receives or releases information in the form and manner prescribed by the Patient Safety Improvement Act and the procedures established by a patient safety organization shall not be civilly or criminally liable for such receipt or release unless the receipt or release is done with actual malice, fraudulent intent, or bad faith. A patient safety organization shall not be liable civilly for the release of nonidentifiable aggregate trend data identifying the number and types of patient safety events that occur. Because the candid and conscientious evaluation of patient safety events is essential to the improvement of medical care and to encourage improvements in patient safety, any provider furnishing services to a patient safety organization shall not be liable for civil damages as a result of such acts, omissions, decisions, or other such conduct in connection with the duties on behalf of a patient safety organization if done pursuant to the Patient Safety Improvement Act except for acts done with actual malice, fraudulent intent, or bad faith.
Source
Laws 2005, LB 361, § 21.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8722 - Patient Safety Cash Fund; created; use; investment.

71-8722.
Patient Safety Cash Fund; created; use; investment.
The Patient Safety Cash Fund is created. The Patient Safety Cash Fund shall only be used to support the activities of a patient safety organization. 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 2019, LB25, § 3.
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 › 71-8802 - Terms, defined.

71-8802.
Terms, defined.
For purposes of the Stem Cell Research Act:
(1) Committee means the Stem Cell Research Advisory Committee;
(2) Human embryo means the developing human organism from the time of fertilization until the end of the eighth week of gestation and includes an embryo or developing human organism created by somatic cell nuclear transfer; and
(3) Somatic cell nuclear transfer means a technique in which the nucleus of an oocyte is replaced with the nucleus of a somatic cell.
Source
Laws 2008, LB606, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8803 - Stem Cell Research Advisory Committee; created; qualifications; terms; meetings; stipend; expenses.

71-8803.
Stem Cell Research Advisory Committee; created; qualifications; terms; meetings; stipend; expenses.
(1) The Stem Cell Research Advisory Committee is created. The committee shall consist of the dean of every medical school in Nebraska that is accredited by the Liaison Committee on Medical Education or his or her designee and additional members appointed as follows: (a) The dean of every medical school in Nebraska shall nominate three scientists from outside Nebraska conducting human stem cell research with funding from the National Institutes of Health of the United States Department of Health and Human Services; and (b) the chief medical officer as designated in section 81-3115 shall select two of such scientists from each set of nominations to serve on the committee. Appointments by the chief medical officer pursuant to this subsection shall be approved by the Legislature. Members appointed by the chief medical officer shall serve for staggered terms of three years each and until their successors are appointed and qualified. Such members may be reappointed for additional three-year terms.
(2) The committee shall meet not less than twice each year.
(3) Members of the committee not employed by medical schools in Nebraska shall receive a stipend per meeting to be determined by the Division of Public Health of the Department of Health and Human Services based on standard consultation fees, and all members of the committee shall be reimbursed for expenses incurred in service on the committee pursuant to sections 81-1174 to 81-1177.
Source
Laws 2008, LB606, § 3;
Laws 2020, LB381, § 76.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8804 - Committee; establish grant process; reports.

71-8804.
Committee; establish grant process; reports.
(1) The committee shall establish a grant process to award grants to Nebraska institutions or researchers for the purpose of conducting nonembryonic stem cell research. The grant process shall include, but not be limited to, an application identifying the institution or researcher applying for the grant, the amount of funds to be received by the applicant from sources other than state funds, the sources of such funds, and a description of the goal of the research for which the funds will be used and research methods to be used by the applicant.
(2) The committee shall submit electronically an annual report to the Legislature stating the number of grants awarded, the amount of the grants, and the researchers or institutions to which the grants were awarded.
Source
Laws 2008, LB606, § 4;
Laws 2012, LB782, § 128.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8805 - Stem Cell Research Program; created.

71-8805.
Stem Cell Research Program; created.
(1) The Stem Cell Research Program is created.
(2) Any money appropriated by the Legislature for the Stem Cell Research Program shall be used to provide a dollar-for-dollar match, up to five hundred thousand dollars per fiscal year, of funds received by institutions or researchers from sources other than funds provided by the State of Nebraska for nonembryonic stem cell research. Such matching funds shall be awarded through the grant process established pursuant to section 71-8804. No single institution or researcher shall receive more than seventy percent of the funds available for distribution under this section on an annual basis.
(3) Up to three percent of any annual appropriation for the Stem Cell Research Program shall be available to the Division of Public Health of the Department of Health and Human Services for administrative costs, including stipends and reimbursements pursuant to section 71-8803.
(4) The State Treasurer shall transfer, on July 1, 2016, the unobligated balance in the Stem Cell Research Cash Fund to the Nebraska Health Care Cash Fund.
Source
Laws 2008, LB606, § 5;
Laws 2009, LB316, § 20;
Laws 2012, LB969, § 10;
Laws 2016, LB957, § 6.
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2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8806 - Limitation on use of facilities and funds.

71-8806.
Limitation on use of facilities and funds.
No state facilities, no state funds, fees, or charges, and no investment income on state funds shall be used to destroy human embryos for the purpose of research. In no case shall state facilities, state funds, fees, or charges, or investment income on state funds be used to create a human embryo by somatic cell nuclear transfer for any purpose.
Source
Laws 2008, LB606, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8901 - Act, how cited.

71-8901.
Act, how cited.
Sections 71-8901 to 71-8929 shall be known and may be cited as the Veterinary Drug Distribution Licensing Act.
Source
Laws 2008, LB1022, § 1;
Laws 2021, LB252, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8902 - Purpose of act.

71-8902.
Purpose of act.
The purpose of the Veterinary Drug Distribution Licensing Act is to protect the public health, safety, and welfare by providing for the authorization and licensure of veterinary drug distributors in the State of Nebraska and for the development, establishment, and enforcement of basic standards for such distributors.
Source
Laws 2008, LB1022, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8906 - Distribution, defined.

71-8906.
Distribution, defined.
(1) Distribution means the act of receiving orders, possessing, warehousing, and record keeping related to the sale and delivery of veterinary legend drugs.
(2) Distribution does not include (a) intracompany sales of veterinary legend drugs, including any transaction or transfer between any division, subsidiary, or parent company and an affiliated or related company under common ownership or common control or (b) the delivery of or the offer to deliver veterinary legend drugs by a common carrier solely in the usual course of business of transporting such drugs as a common carrier if the common carrier does not store, warehouse, or take legal ownership of such drugs.
Source
Laws 2008, LB1022, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8907 - Human legend drug, defined.

71-8907.
Human legend drug, defined.
Human legend drug means any drug labeled for human use and required by federal law or regulation to be dispensed pursuant to a prescription, including finished dosage forms and active ingredients. Human legend drug does not include a device or a device component, part, or accessory.
Source
Laws 2008, LB1022, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8908 - Veterinarian-client-patient relationship, defined.

71-8908.
Veterinarian-client-patient relationship, defined.
Veterinarian-client-patient relationship means a relationship pursuant to which (1) a veterinarian has assumed the responsibility for making clinical judgments regarding the health of an animal and the need for medical treatment and the client has agreed to follow the veterinarian's instructions, (2) the veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal, meaning that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept, and (3) the veterinarian is readily available or has arranged for emergency coverage and for followup evaluation in the event of adverse reactions or the failure of the treatment regimen.
Source
Laws 2008, LB1022, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8909 - Veterinary drug distributor, defined.

71-8909.
Veterinary drug distributor, defined.
Veterinary drug distributor means any person or entity that engages in the distribution of veterinary legend drugs in the State of Nebraska other than a pharmacy or a veterinarian licensed under the Uniform Credentialing Act acting within the scope of practice of veterinary medicine and surgery as defined in section 38-3312.
Source
Laws 2008, LB1022, § 9;
Laws 2009, LB463, § 12.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8910 - Veterinary drug order, defined.

71-8910.
Veterinary drug order, defined.
Veterinary drug order means a lawful order or prescription of a veterinarian licensed to practice in this state issued pursuant to a bona fide veterinarian-client-patient relationship. For purposes of the Veterinary Drug Distribution Licensing Act, a veterinary drug order expires and becomes void one hundred eighty days after the date of issue.
Source
Laws 2008, LB1022, § 10;
Laws 2009, LB463, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8911 - Veterinary legend drug, defined.

71-8911.
Veterinary legend drug, defined.
Veterinary legend drug means a drug which under federal law is required, prior to being distributed, to be labeled with the following statement: "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian.".
Source
Laws 2008, LB1022, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8912 - License required; exception.

71-8912.
License required; exception.
No person or entity shall distribute, sell, or offer for sale any veterinary legend drug in this state without first obtaining a license issued by the department under the Veterinary Drug Distribution Licensing Act, except that a veterinarian licensed under the Veterinary Medicine and Surgery Practice Act acting within the scope of practice of his or her profession shall not be required to be licensed under the Veterinary Drug Distribution Licensing Act.
Source
Laws 2008, LB1022, § 12.
Cross References
Veterinary Medicine and Surgery Practice Act, see section 38-3301.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8913 - Veterinary drug distributor license; application; contents; authority.

71-8913.
Veterinary drug distributor license; application; contents; authority.
(1) Any person or entity that acts as a veterinary drug distributor in this state shall obtain a veterinary drug distributor license from the department prior to engaging in distribution of veterinary legend drugs in or into this state.
(2) An applicant for an initial or renewal license as a veterinary drug distributor shall file a written application with the department. The application shall be accompanied by the fee established by the department pursuant to section 71-8918 and shall include the following information:
(a) The applicant's name, business address, type of business entity, and telephone number. If the applicant is a partnership, the application shall include the name of each partner and the name of the partnership. If the applicant is a corporation, the application shall include the name and title of each corporate officer and director, all corporate names of the applicant, and the applicant's state of incorporation. If the applicant is a sole proprietorship, the application shall include the name of the sole proprietor, the name of the proprietorship, and the proprietor's social security number. The social security number shall not be a public record and may only be used by the department for administrative purposes;
(b) All trade or business names used by the applicant;
(c) The addresses and telephone numbers of all facilities to be used by the applicant for the storage, handling, and distribution of veterinary legend drugs and the names of persons to be in charge of such facilities. A separate license shall be obtained for each such facility;
(d) A listing of all licenses, permits, or other similar documentation issued to the applicant in any other state authorizing the applicant to purchase, possess, and distribute veterinary legend drugs;
(e) The names and addresses of the owner of the applicant's veterinary legend drug distribution facilities, a designated representative at each such facility, and all managerial employees at each such facility; and
(f) Other information as required by the department, including affirmative evidence of the applicant's ability to comply with the Veterinary Drug Distribution Licensing Act and the rules and regulations adopted under the act.
(3) The application shall be signed by:
(a) The owner, if the applicant is an individual or partnership;
(b) The member, if the applicant is a limited liability company with only one member, or two of its members, if the applicant is a limited liability company with two or more members; or
(c) Two of its officers, if the applicant is a corporation.
(4) A veterinary drug distributor holding a valid license issued pursuant to the Veterinary Drug Distribution Licensing Act shall have the authority to purchase, possess, or otherwise acquire veterinary legend drugs.
Source
Laws 2008, LB1022, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8914 - Written policies and procedures required.

71-8914.
Written policies and procedures required.
A veterinary drug distributor shall establish, maintain, and adhere to written policies and procedures for the receipt, storage, security, inventory, and distribution of veterinary legend drugs, including policies and procedures for identifying, recording, and reporting destruction, losses, or thefts of veterinary legend drugs and for correcting all errors and inaccuracies in inventories. The policies shall contain a provision for annual review at which time the policies shall be updated as necessary. A record documenting the review shall be kept with the policies and procedures and shall indicate the date of the review and the signature of the designated representative of the veterinary drug distributor.
Source
Laws 2008, LB1022, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8915 - Provisional license conditions.

71-8915.
Provisional license conditions.
To enable the establishment of distribution of veterinary legend drugs in this state, the department may issue a provisional license on or before July 1, 2009, to any applicant who meets the following conditions:
(1) The applicant has not been found to have committed any of the acts or offenses described in section 71-8917;
(2) The applicant has established written policies and procedures as required by section 71-8914; and
(3) The applicant has paid a fee of five hundred dollars.
Source
Laws 2008, LB1022, § 15.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8916 - Department; waiver of requirements.

71-8916.
Department; waiver of requirements.
The department may waive requirements under sections 71-8912 to 71-8915 upon proof satisfactory to the department that such requirements are duplicative of other requirements of Nebraska laws, rules, or regulations and that the granting of such waiver will not endanger the public safety.
Source
Laws 2008, LB1022, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8917 - License; denied; disciplinary actions; grounds; department; duties.

71-8917.
License; denied; disciplinary actions; grounds; department; duties.
(1) A veterinary drug distributor license may be denied, refused renewal, suspended, limited, or revoked by the Director of Public Health if he or she finds that the applicant or licensee; the designated representative; the owner if a sole proprietorship; or any person having an interest in the applicant or licensee of more than ten percent has been found to have committed any of the following acts or offenses:
(a) Violation of the Veterinary Drug Distribution Licensing Act or the rules and regulations adopted and promulgated under the act;
(b) Conviction of a misdemeanor or felony under state law, federal law, or the law of another jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony under state law and which has a rational connection with the person's capacity to distribute veterinary legend drugs;
(c) Unprofessional conduct under the Uniform Credentialing Act;
(d) Active addiction as defined in section 38-106;
(e) Permitting, aiding, or abetting veterinary drug distribution or the performance of activities requiring a license under the Veterinary Drug Distribution Licensing Act by a person not licensed under the Veterinary Drug Distribution Licensing Act;
(f) Having had his or her credential denied, refused renewal, limited, suspended, or revoked or having had such credential disciplined in any other manner by another jurisdiction relating to the performance of veterinary drug distribution;
(g) Performing veterinary drug distribution without a valid license or in contravention of any limitation placed upon the license; or
(h) Fraud, forgery, or misrepresentation of material facts in procuring or attempting to procure a license under the Veterinary Drug Distribution Licensing Act.
(2) The department shall issue or renew a license to any applicant that satisfies the requirements for licensure or license renewal under the Veterinary Drug Distribution Licensing Act.
Source
Laws 2008, LB1022, § 17.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8918 - Fees.

71-8918.
Fees.
(1) An applicant for an initial or renewal license under the Veterinary Drug Distribution Licensing Act shall pay a license fee as provided in this section.
(2) License fees shall include (a) a base fee of fifty dollars and (b) an additional fee of not more than five hundred dollars based on variable costs to the department of inspections and of receiving and investigating complaints, other similar direct and indirect costs, and other costs of administering the act as determined by the department. If an application under the act is denied, the license fee shall be returned to the applicant, except that the department may retain up to twenty-five dollars as an administrative fee and may retain the entire license fee if an inspection has been completed prior to such denial.
(3) The department shall also collect a fee established by the department, not to exceed the actual cost to the department, for reinstatement of a license that has lapsed or has been suspended or revoked. The department shall collect a fee of ten dollars for a duplicate original license.
(4) The department shall remit all license fees collected under the act to the State Treasurer for credit to the Health and Human Services Cash Fund. License fees collected under this section shall only be used for activities related to the licensure of veterinary drug distributors.
Source
Laws 2008, LB1022, § 18.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8919 - License; expiration; renewal.

71-8919.
License; expiration; renewal.
A veterinary drug distributor license shall expire on July 1 of each odd-numbered year and may be renewed. The license shall not be transferable. The department shall mail an application for renewal to each licensee not later than May 15 of the year the license expires. If an application for renewal is received from the licensee after July 1, the department may impose a late fee and shall refuse to issue the license until such late fee and renewal fee are paid. Failure to receive an application for renewal shall not relieve the licensee from the late fee imposed by this section.
Source
Laws 2008, LB1022, § 19.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8920 - Inspections; fees; compliance with act.

71-8920.
Inspections; fees; compliance with act.
(1) Except as otherwise provided in section 71-8915, each veterinary drug distributor transacting commerce in this state shall be inspected by the department prior to the issuance of an initial or renewal license by the department under the Veterinary Drug Distribution Licensing Act.
(2) The department may provide in rules and regulations for the inspection of any veterinary drug distributor licensed in this state in such manner and at such times as the department determines. As part of any such inspection, the department may require an analysis of suspected veterinary legend drugs to determine authenticity.
(3) For applicants not located in this state, the department may accept an inspection which was accepted for licensure by another state in which the applicant is licensed or by a nationally-recognized accreditation program in lieu of an inspection by the department under this section.
(4) The department may establish and collect fees for inspection activities conducted under this section. Such fees shall not exceed the department's actual cost for such inspection activities.
(5) The department may adopt and promulgate rules and regulations which permit the use of alternative methods for assessing a licensee's compliance with the Veterinary Drug Distribution Licensing Act and the rules and regulations adopted and promulgated under the act.
Source
Laws 2008, LB1022, § 20.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8921 - Records; available to department.

71-8921.
Records; available to department.
(1) A veterinary drug distributor transacting commerce in this state shall establish and maintain accurate records of all transactions regarding the receipt and distribution or other disposition of veterinary legend drugs as provided in the Veterinary Drug Distribution Licensing Act.
(2) All records of receipt, distribution, or other disposal of veterinary legend drugs shall be available to the department upon request for inspection, copying, verifying, or other proper use.
(3) If a veterinary drug distributor is authorized by the department to maintain records at a central location, such records shall be made available for authorized inspections within forty-eight hours.
(4) Records kept at a central location that can be retrieved by computer or other electronic means shall be readily available for authorized inspection during the inspection period.
Source
Laws 2008, LB1022, § 21.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8922 - Distribution of veterinary legend drugs; authorized; applicability of labeling provisions.

71-8922.
Distribution of veterinary legend drugs; authorized; applicability of labeling provisions.
A veterinary drug distributor may distribute veterinary legend drugs to:
(1) A licensed veterinarian or to another veterinary drug distributor subject to the requirements of section 71-8921; and
(2) A layperson responsible for the control of an animal if:
(a) A licensed veterinarian has issued, prior to such distribution, a veterinary drug order for the veterinary legend drug in the course of an existing, valid veterinarian-client-patient relationship and the veterinary drug order is in compliance with all federal laws and regulations;
(b) At the time the veterinary legend drug leaves the licensed location of the veterinary drug distributor, those in the employ of the veterinary drug distributor possess a copy of the veterinary drug order for the veterinary legend drug issued according to subdivision (a) of this subdivision and deliver a copy to the layperson responsible for the control of the animal at the time of the distribution;
(c) The original veterinary drug order issued according to subdivision (a) of this subdivision is retained on the premises of the veterinary drug distributor or an authorized central location for three years after the date of the last transaction affecting the veterinary drug order;
(d) All veterinary legend drugs distributed on the veterinary drug order issued according to subdivision (a) of this subdivision are sold in the original, unbroken manufacturer's containers; and
(e) The veterinary legend drugs, once distributed, are not returned to the veterinary drug distributor for resale or redistribution.
Nothing contained in Nebraska statutes governing the practice of pharmacy shall be construed to prohibit a veterinary drug distributor from selling or otherwise distributing a veterinary legend drug pursuant to a veterinary drug order by a veterinarian licensed in this state and, when a valid veterinarian-client-patient relationship exists, to the layperson responsible for the control of the animal.
(3) If all federal labeling requirements are met, labeling provisions of Nebraska laws governing the practice of pharmacy shall not apply to veterinary legend drugs distributed pursuant to the Veterinary Drug Distribution Licensing Act.
Source
Laws 2008, LB1022, § 22;
Laws 2009, LB463, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8922.01 - Veterinary legend drug; deceased prescriber; effect on distribution; limitations.

71-8922.01.
Veterinary legend drug; deceased prescriber; effect on distribution; limitations.
(1) Except as otherwise provided in this section, a veterinary drug distributor may refill and distribute a veterinary legend drug pursuant to a veterinary drug order issued on or after August 28, 2021, by a veterinarian licensed in this state pursuant to a bona fide veterinarian-client-patient relationship without the prescriber's authorization if the prescriber is deceased and continuation of the veterinary legend drug is necessary for the animal's health, safety, and welfare.
(2) A refill under this section shall be limited in quantity to the amount sufficient to maintain the animal's health, safety, and welfare until a bona fide veterinarian-client-patient relationship can be established with a licensed veterinarian, but in no event shall the quantity exceed a thirty-day supply.
(3) If a licensed veterinarian indicates on a veterinary drug order that no emergency refills are authorized, a veterinary drug distributor shall not dispense under this section pursuant to that veterinary drug order.
(4) This section does not apply to controlled substances.
(5) A veterinary drug distributor shall not be required to refill any veterinary drug order under this section and shall not be liable for any damages resulting from refilling a veterinary drug order issued by a licensed veterinarian under this section unless such damages are a result of the gross negligence of the veterinary drug distributor.
Source
Laws 2021, LB252, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8923 - Limitations on veterinary drug distributor.

71-8923.
Limitations on veterinary drug distributor.
A veterinary drug distributor shall not:
(1) Operate from a place of residence;
(2) Possess, sell, purchase, trade, or otherwise furnish controlled substances; and
(3) Possess, sell, purchase, trade, or otherwise furnish human legend drugs.
Source
Laws 2008, LB1022, § 23.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8924 - Enforcement of act.

71-8924.
Enforcement of act.
The department, the Attorney General, or any county attorney may institute an action in the name of the state for an injunction or other process against any person to restrain or prevent any violation of the Veterinary Drug Distribution Licensing Act or any rules and regulations adopted and promulgated under the act.
Source
Laws 2008, LB1022, § 24.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8925 - Prohibited acts.

71-8925.
Prohibited acts.
It is unlawful for any person to commit or to permit, cause, aid, or abet the commission of any of the following acts in this state:
(1) Any violation of the Veterinary Drug Distribution Licensing Act or rules and regulations adopted and promulgated under the act;
(2) Providing the department, any of its representatives, or any federal official with false or fraudulent records or making false or fraudulent statements regarding any matter under the act;
(3) Obtaining or attempting to obtain a veterinary legend drug by fraud, deceit, or misrepresentation or engaging in the intentional misrepresentation or fraud in the distribution of a veterinary legend drug;
(4) Except for the distribution by manufacturers of a veterinary legend drug that has been delivered into commerce pursuant to an application approved under federal law by the federal Food and Drug Administration, the manufacture, repackaging, sale, transfer, delivery, holding, or offering for sale of any veterinary legend drug that is adulterated, misbranded, counterfeit, suspected of being counterfeit, or otherwise rendered unfit for distribution;
(5) Except for the wholesale distribution by manufacturers of a veterinary legend drug that has been delivered into commerce pursuant to an application approved under federal law by the federal Food and Drug Administration, the adulteration, misbranding, or counterfeiting of any veterinary legend drug;
(6) The deliberate receipt of any veterinary legend drug that is adulterated, misbranded, stolen, obtained by fraud or deceit, counterfeit, or suspected of being counterfeit and the delivery or proffered delivery of such drug for pay or otherwise;
(7) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of a veterinary legend drug or the commission of any other act with respect to a veterinary legend drug that results in the veterinary legend drug being misbranded;
(8) For purposes of the Veterinary Drug Distribution Licensing Act, the manufacture, repackaging, sale, transfer, delivery, holding, possessing or offering for sale, trade, or any other form of dissemination, any controlled substance; and
(9) Prohibiting or otherwise impeding access, during normal business hours, to any paper or electronic records or any premises, facility, area, or location to which access is authorized by the act.
Source
Laws 2008, LB1022, § 25.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8926 - Final disciplinary action; fines.

71-8926.
Final disciplinary action; fines.
(1) Upon issuance of a final disciplinary action against a person who knowingly and intentionally violates any provision of section 71-8925 other than as provided in subsection (2) of this section, the department shall assess a fine of one thousand dollars against such person. For each subsequent final disciplinary action for violation of such section issued by the department against such person, the department shall assess a fine of one thousand dollars plus one thousand dollars for each final disciplinary action for violation of such section previously issued against such person, not to exceed ten thousand dollars.
(2) Upon issuance of a final disciplinary action against a person who fails to provide an authorized person the right of entry provided in section 71-8925, the department shall assess a fine of five hundred dollars against such person. For each subsequent final disciplinary action for such failure issued against such person, the department shall assess a fine equal to one thousand dollars times the number of such disciplinary actions, not to exceed ten thousand dollars.
(3) All fines collected under this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 2008, LB1022, § 26.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8927 - Order to cease distribution of drug; notice; hearing; powers of department.

71-8927.
Order to cease distribution of drug; notice; hearing; powers of department.
(1) If the department finds there is a reasonable probability that (a) a veterinary drug distributor has knowingly and intentionally falsified documents relevant to the purchase, sale, or distribution of veterinary legend drugs or has sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit veterinary legend drug and (b) such drug could cause serious, adverse health consequences or death, the department may issue an order to immediately cease distribution of such drug.
(2) Persons subject to any order issued by the department under this section shall be provided with notice and an opportunity for an informal hearing to be held not later than thirty days after the date the order was issued. If the department determines, after such hearing, that inadequate grounds exist to support the actions required by the order, the department shall vacate the order.
Source
Laws 2008, LB1022, § 27.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9001 - Sexual assault or domestic violence patient; examination and treatment authorized.

71-9001.
Sexual assault or domestic violence patient; examination and treatment authorized.
A physician, his or her agent, or a mental health professional as defined in section 71-906, upon consultation with a patient who is eighteen years of age, shall, with the consent of the patient, make or cause to be made a diagnostic examination for physical or mental injuries associated with sexual assault or domestic violence and prescribe for and treat such person for injuries associated with sexual assault or domestic violence. All such examinations and treatment may be performed without the consent of or notification to the parent, parents, guardian, or any other person having custody of the patient.
Source
Laws 2011, LB479, § 2.