reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-010 - CALIBRATION VERIFICATION

Current through June 17, 2024
Calibration verification of evidentiary breath testing
				  devices will be conducted by a maintenance officer every 40 days. It will
				  consist of two verifications using different target values from wet bath
				  simulator solutions, dry gas standards, or internal references
.
010.01 When
				calibration verification checks are performed with certified wet bath simulator
				solutions, all approved evidentiary breath testing instruments shall be able to
				produce results within +/- 5% of the target value of the wet bath simulator
				solution.
010.02 When calibration
				verification checks are performed by means of approved internal standard(s),
				all approved evidentiary breath testing instruments shall be able to produce
				results within +/- 5% of the known target values of the standard(s). This
				tolerance shall be verified by the normal prescribed program and operation of
				the testing devices.
010.03 When
				calibration verification checks are performed with dry gas standards, all
				approved evidentiary breath testing instruments shall be able to produce
				results within +/5% of the target value of the dry gas standard after applying
				applicable altitude or topographic elevation correction factor supplied by the
				manufacturer. Such correction factor may be applied by the operator, the dry
				gas standard supplier, or by the instrument if pre-programmed.
010.04 If the instrument calibration cannot
				be verified to be accurate within the above cited limits, the instrument will
				be taken out of service and repairs made as set forth in section 011.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-011 - REPAIR OF CLASS B BREATH TESTING DEVICES

Current through June 17, 2024
011.01
				When inspection of a testing device reveals the need for repair which may
				affect the validity of the test and requires the attention of a manufacturer's
				representative or an individual trained for repair, it shall be repaired by the
				appropriate repairman and a record of each repair will be retained at the
				testing site.
011.02 Repair of a
				testing device, as opposed to maintenance (009.01D), includes the removal of
				the malfunctioning part(s) and the installation of the repair part(s). The
				removal or installation of all parts or electronic boards shall be
				recorded.
011.03 Calibration
				verification procedures shall be performed on a testing device following its
				repair, before it is returned to service.
011.04 The records to be maintained for
				repair activities shall include the type of malfunction of a testing device,
				the nature of the repair, the date of the repair, and shall show the name of
				the person performing these activities or the name of the person's agency or
				business organization.
011.05 The
				repair records, or copies of the repair records, for a testing device shall be
				made available to the Department upon request.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-012 - CLASS C PERMITS

Current through June 17, 2024
012.01
Qualifications For Class C Permit Holders.
Permit
				holder qualifications to operate approved devices to perform preliminary breath
				tests are:
012.01A Have knowledge of
				calibration and use of the testing device.
012.01A1 Evidence of knowledge shall be a
				passing grade of at least 70% on a written examination which shall be taken by
				every applicant and successfully passed prior to issuance of a permit, be
				prepared and administered by the Department, and consist of questions regarding
				calibration and use of the testing device.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-013 - BLOOD OR BREATH TESTS FOR FATALITY ACCIDENT REPORTS

Current through June 17, 2024
013.01 Tests performed for purposes of
				accidents involving fatalities shall be performed by either a Class A permit
				holder or a Class B permit holder according to these rules and
				regulations.
013.02 The provisions
				of these rules and regulations apply to all samples and tests prescribed in
Nebraska Revised Statutes
sections
				60-6,101 to
				60-6,107 for determining alcohol
				content of blood in certain persons involved in fatality accidents.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-014 - BLOOD OR BREATH TESTS FOR BOATING WHILE INTOXICATED

Current through June 17, 2024
014.01 Chemical tests performed for purposes
				of the determination of the alcohol content in blood or breath of any person
				operating any motorboat or vessel or manipulating any water skis, surfboard, or
				similar device while intoxicated shall be performed by either a Class A permit
				holder or a Class B permit holder, as authorized by
Nebraska
				Revised Statutes
Section
				37-1254.
014.02 The provisions of these rules and
				regulations apply to all preliminary breath testing conducted pursuant to the
				provisions of
Nebraska Revised Statutes
Section
				37-1254. Any violation of the
				provisions of
Nebraska Revised Statutes
Section
				37-1254 shall be established by
				blood or breath tests conducted by either a Class A permit holder or a Class B
				permit holder with all provisions of this Rule, 177 NAC 1, pertaining to either
				a Class A or Class B permit applying thereto.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-015 - TRANSITION TO NEW RULES, VALID TESTS

Current through June 17, 2024
Instruments may be maintained and tests may be administered
				  in conformity with 177 NAC 1 for up to 40 days from the effective date of these
				  amendments.
These Amended Regulations Replace Title 177, Chapter 1, Rules
				  and Regulations Relating to Analyses for the Determination of the Alcohol
				  Content in Blood or Breath, last effective date May 4, 2014.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 5 - FEES FOR DEPARTMENT LABORATORY TESTS AND SERVICES › Section 177-5-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations establish formulas for fees for laboratory
				  tests and services and responsibility for payment pursuant to Nebraska Revised
				  Statutes (Neb. Rev. Stat.) §§
									71-2619
				  to
				  71-2621,
				  71-5301, and
				  71-5306.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 5 - FEES FOR DEPARTMENT LABORATORY TESTS AND SERVICES › Section 177-5-002 - DEFINITIONS

Current through June 17, 2024
Definitions set out in Neb. Rev. Stat. §§
									71-5301
				  and the following apply to this chapter:
002.01
CHAIN OF
				CUSTODY.
The documentation and other activities done to ensure the
				identity of a sample and to ensure that no substantial change has taken place
				in the sample to make it misleading. It includes all those activities that
				protect the integrity of the sample.
002.02
ELECTIVE
				TEST.
A drinking water sample test which is performed for a reason
				other than to meet the public water system testing requirements found in Title
				179.
002.03
EQUIPMENT.
Any tool, instrument, appliance, or utensil
				necessary to perform the task of analyzing laboratory samples which has a life
				expectancy greater than two years.
002.04
SAMPLE.
A
				representative portion of any substance submitted to the laboratory for
				testing.
002.05
TEST.
The application of prescribed procedures
				designed to identify or measure the microbiological, chemical, radiological, or
				physical characteristics of materials and substances.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 5 - FEES FOR DEPARTMENT LABORATORY TESTS AND SERVICES › Section 177-5-003 - COMPONENTS OF FEES IN THE FORMULAS

Current through June 17, 2024
The following are the components used in determining
				  fees.
003.01
COST OF
				LABOR.
The cost of labor is equal to 3 times the cost of the
				average salary and benefits of Department laboratory employee(s) who conduct
				the analysis for the period of time required to complete the test. The
				multiplier is used to account for employee time spent on laboratory related
				tasks.
003.02
EQUIPMENT
				COST.
Equipment cost is equal to the cost of the equipment divided
				by the life expectancy of the equipment plus the cost for maintenance and
				repairs.
003.03
MATERIAL COST.
Material cost includes the costs for
				disposable equipment, reagents, and other items having a life expectancy of
				less than 2 years.
003.04
OVERHEAD COST.
Overhead cost includes actual expenses
				not chargeable to a particular part of the work or product.
003.05
SAMPLE COLLECTION KIT
				COST.
Sample collection kit cost is the cost associated with the
				container and chemicals for preservation of samples required to take samples
				relating to the testing of drinking water, environmental samples, and blood
				alcohol.
003.06
SHIPPING COST.
Shipping cost includes all costs
				associated with the sample collection kits, mailing containers, sample
				collection forms and instructions, labor, cost of postage or transportation,
				and mailroom equipment and anything else necessary to carry out the function of
				shipping.
003.07
CHAIN
				OF CUSTODY COST.
Chain of custody cost include all costs
				associated with the documentation and maintenance of samples.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 5 - FEES FOR DEPARTMENT LABORATORY TESTS AND SERVICES › Section 177-5-004 - FORMULAS AND METHODS FOR DETERMINING FEES

Current through June 17, 2024
The following formulas and methods shall be used to establish
				  fees for performing laboratory tests and services:
(A) The formula for shipping is Fee =
				Shipping Cost + Overhead;
(B) The
				formula for testing samples of blood for alcohol level is:
Fee = Labor Cost + Materials Cost + Equipment Cost + Overhead
				  + Chain of Custody Estimated Number of Tests
(C) The formula for testing routine drinking
				water samples is:
Fee = Labor Cost + Materials Cost + Equipment Cost + Overhead
				  + Chain of Custody Estimated Number of Tests
(D) The formula for testing environmental
				samples is:
Fee = Labor Cost + Materials Cost + Equipment Cost + Overhead
				  + Chain of Custody Estimated Number of Tests
(E) The fees for elective tests are
				determined using the formula for other similar samples.
(F) The fee for requests for tests not
				otherwise covered by this chapter will be the actual costs incurred by the
				Department.
(G) If the Department
				contracts with another laboratory to perform a test, the fee will be the
				contracted cost plus any related expenses the Department incurs.
(H) If a request is made to assign higher
				priority to testing specific samples, and the laboratory workload is
				rescheduled to accommodate this request, any additional cost for doing so will
				be added to the fee otherwise determined by this chapter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 5 - FEES FOR DEPARTMENT LABORATORY TESTS AND SERVICES › Section 177-5-005 - RESPONSIBILITY FOR PAYMENT

Current through June 17, 2024
Each person or entity submitting a sample for analysis shall
				  identify who is responsible for paying the fee when requesting a test.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 6 - DRUG AND ALCOHOL TESTING IN THE WORKPLACE › Section 177-6-001 - PRELIMINARY SCREENING WITH BREATH TESTING DEVICES

Current through June 17, 2024
001.01 A person is
				not required to hold a permit to perform preliminary breath tests for alcohol
				content in the workplace.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 6 - DRUG AND ALCOHOL TESTING IN THE WORKPLACE › Section 177-6-002 - BREATH SAMPLE CONFIRMATION TESTING OF A POSITIVE FINDING OF ALCOHOL IN A PRELIMINARY SCREENING PROCEDURE

Current through June 17, 2024
002.01 All
				evidentiary breath testing devices that have been evaluated and approved by the
				National Highway Traffic Safety Administration (NHTSA) and published on the
				Conforming Products Lists of Evidential Breath Measuring Devices are approved
				devices in the State of Nebraska for Drug and Alcohol Testing in the Workplace.
				The instrument is to be calibrated in conformance with the manufacturer's
				instructions. The operator is to conduct the test in accordance with the
				instructions provided by the manufacturer for the instrument. Although a
				checklist is not required, the test record card or tape produced by the
				instrument must be retained.
002.02
				A positive result must be confirmed with a second breath sample or a blood
				sample. If the second sample is breath, the result must be within 20% of the
				original sample.
002.02A If the two breath
				tests do not agree within 20%, a blood test, as set forth in section 003, shall
				be performed. A blood test may be performed in lieu of the second breath test;
				if so, it is considered the final result, regardless of whether it agrees with
				the original breath test.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 6 - DRUG AND ALCOHOL TESTING IN THE WORKPLACE › Section 177-6-003 - BLOOD SAMPLE CONFIRMATION TESTING OF POSITIVE FINDINGS OF ALCOHOL IN A PRELIMINARY SCREENING PROCEDURE

Current through June 17, 2024
003.01 Confirmatory
				alcohol testing on blood samples shall be performed in compliance with 177 NAC
				1.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 6 - DRUG AND ALCOHOL TESTING IN THE WORKPLACE › Section 177-6-004 - DRUG TESTING BY CONFIRMATION TESTING FOLLOWING A POSITIVE FINDING OF DRUGS IN A PRELIMINARY SCREENING PROCEDURE

Current through June 17, 2024
004.01 Confirmatory
				drug testing shall be performed in compliance with 177 NAC 7.
Approved by the Attorney General: December 3, 2009
Approved by the Governor: December 18, 2009
Filed with the Secretary of State: December 18,
				  2009
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 7 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE DRUG CONTENT IN URINE WHILE DRIVING UNDER THE INFLUENCE OF DRUGS › Section 177-7-001 - DEFINITIONS

Current through June 17, 2024
001.01 Categories
				of Permits Issued by the Department of Health and Human Services are:
001.01A CLASS D PERMIT, which means a permit
				to perform a chemical test to analyze an individual's urine for drug content by
				an approved chemical laboratory method(s).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 7 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE DRUG CONTENT IN URINE WHILE DRIVING UNDER THE INFLUENCE OF DRUGS › Section 177-7-002 - REPORT OF RESULTS FOR MEDICO-LEGAL PURPOSES AND VALID TESTS

Current through June 17, 2024
002.01 The presence
				of a drug shall mean any laboratory confirmatory test result, signal, or
				finding that shall be equal to or greater than the cutoff level. The cutoff
				levels are as follows: marijuana metabolite 50 ng/ml, cocaine metabolite 500
				ng/ml, morphine 500 ng/ml, codeine 500 ng/ml, phencyclidine 25 ng/ml,
				amphetamines 500 ng/ml, and methamphetamine 500 ng/ml. The specific metabolite
				of marijuana shall be delta-9-tetra-hydrocannabinol-9-carboxylic acid and the
				cocaine metabolite shall be benzoylecgonine.
002.02 The presence of a drug shall be
				determined by analysis using a Gas Chromatograph/Mass Spectrometer. The absence
				of a drug may be determined by an initial screening method.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 7 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE DRUG CONTENT IN URINE WHILE DRIVING UNDER THE INFLUENCE OF DRUGS › Section 177-7-003 - LIMITATION OF PERMITS

Current through June 17, 2024
003.01 For each
				permit holder, the permit shall state the class of permit, the approved
				method(s) in use, the name of the instrument. A permit holder shall be limited
				to the class, the method(s), and the instruments specified on the
				permit.
003.02 Permits will be
				issued only for approved methods, techniques, and instruments, as found in
				these rules and regulations.
003.03
				Duplicate permits will not be issued. Notarized copies of an originally issued
				permit will be provided upon written request. Changes of information carried on
				a permit or replacement of a permit requires reapplication.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 7 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE DRUG CONTENT IN URINE WHILE DRIVING UNDER THE INFLUENCE OF DRUGS › Section 177-7-004 - REVOCATION OF PERMITS

Current through June 17, 2024
004.01 Class D
				permits are nonexpiring permits. Class D permits may be revoked by the Director
				of Public Health of the Division of Public Health whenever a permit holder is
				in noncompliance with these rules and regulations.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 7 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE DRUG CONTENT IN URINE WHILE DRIVING UNDER THE INFLUENCE OF DRUGS › Section 177-7-005 - SPECIMEN COLLECTION AND PRESERVATION

Current through June 17, 2024
005.01 The urine
				specimen
7-005.01A The collection of urine
				shall include saving a portion of an initial urination in a clean, dry, sample
				container and capped.
7-005.01B
				Sample collection shall be in the presence of collection personnel designated
				by the law enforcement agency to assure that adulteration of the sample does
				not occur.
7-005.01C Specimen
				containers shall be labeled and shall show the following information on the
				label: name of person tested, date and time of specimen collection, and
				initials of person supervising the collection of the specimen.
7-005.01D Specimen containers, with collected
				urine, shall be sealed and refrigerated as soon as practical as described in
				177 NAC
				7-005.01E.
7-005.01E While not in transit to a site for
				screening or to a site for confirmatory testing, and while not under actual
				testing, all urine specimens shall be in secured refrigerated storage at four
				(4) degrees centigrade or less.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 7 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE DRUG CONTENT IN URINE WHILE DRIVING UNDER THE INFLUENCE OF DRUGS › Section 177-7-006 - CLASS D PERMITS FOR INITIAL SCREENS BY CHEMICAL METHODS

Current through June 17, 2024
006.01
				Qualifications for Class D Permit Holder
Class D permit holder qualifications for analysis by
				  chemical tests of an individual's urine for drug content are:
7-006.01A Be not less than the legal age of
				majority as established by state statutes.
7-006.01B Have knowledge of the theory of the
				instrument used for initial screens, the operation of the instrument, the
				calibration of the instrument, the maintenance of the instrument, and the steps
				in the technique of initial screen drug detection.
7-006.01C Have proof of knowledge and ability
				consisting of a letter or certificate of training provided to the Department of
				Health and Human Services from the instrument manufacturer certifying
				attendance and completion of at least sixteen hours of training covering the
				topics in 177 NAC
				7-006.01B.
7-006.01D Have demonstrated competence to the
				satisfaction of the Department of Health and Human Services. Satisfactory
				competence shall be, for the purpose of these rules and regulations, the
				satisfactory performance of analysis on proficiency samples in a performance
				evaluation study as described in 177 NAC 7-006.03.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 7 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE DRUG CONTENT IN URINE WHILE DRIVING UNDER THE INFLUENCE OF DRUGS › Section 177-7-007 - CLASS D PERMITS FOR CONFIRMATORY TESTING

Current through June 17, 2024
007.01
				Qualifications for Class D Permit Holder
Class D permit holder qualifications for the chemical
				  analyses of an individual's urine, for drug content by confirmatory testing
				  using an approved method(s) and a Gas Chromatograph/Mass Spectrometer (GC/MS)
				  are:
7-007.01A Be not less than the
				legal age of majority as established by state statutes.
7-007.01B Have knowledge of the chemistry of
				drugs and drug metabolites. Have the ability to perform confirmatory tests for
				the presence of drugs in urine. Evidence of knowledge and ability consists of
				the following proof:
7-007.01B1 Twelve
				semester hours of academic work in chemistry from a recognized college or
				university.
7-007.01C
				Have knowledge of the theory of Gas Chromatograph/Mass Spectrometer (GC/MS)
				methods, the operation of the GC/MS, including it's calibration and
				maintenance. Evidence of knowledge and ability consists of the following proof:
7-007.01C1 Documentation of education or
				training covering GC/MS applications.
7-007.01D Have demonstrated competence to the
				satisfaction of the Department of Health and Human Services. Satisfactory
				competence shall be, for the purpose of these rules and regulations, the
				satisfactory performance of analysis on proficiency samples in a performance
				evaluation study as described in 177 NAC 7-006.03.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 7 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE DRUG CONTENT IN URINE WHILE DRIVING UNDER THE INFLUENCE OF DRUGS › Attachment 177-7-1

Current through June 17, 2024
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				  view
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Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 7 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE DRUG CONTENT IN URINE WHILE DRIVING UNDER THE INFLUENCE OF DRUGS › Attachment 177-7-2

Current through June 17, 2024
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				  view
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				  view
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-001 - CAMP SITE

Current through June 17, 2024
The camp site shall be clean, well drained and not subject
				  to flooding Adequate area shall be available for the development of the camp to
				  include satisfactory water supply and waste disposal systems The camp shall be
				  so located, maintained and operated so as to be free of nuisances and hazards
				  detrimental to the health and safety of the camper
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-002 - BUILDINGS AND SHELTER

Current through June 17, 2024
All buildings shall be structurally sound, in good repair,
				  and of adequate size for their intended use.
All outside openings of permanent structures, except
				  maintenance buildings, shall be effectively screened, including
				  outward-opening, self-closing doors equipped with screens, unless other
				  effective means are provided to prevent the entrance of insects and rodents.
				  This provision also applies to all permanent structures and shelters used for
				  sleeping quarters which facilities must be protected against the
				  elements.
Lighting and ventilation shall be adequate for the purpose
				  intended.
Walls, floors, and ceilings shall be of smooth, durable,
				  non-absorbent, and easily cleanable construction and kept clean and in good
				  repair.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-003 - WATER SUPPLY

Current through June 17, 2024
The water supply shall be obtained from a source which is
				  properly located, constructed, and operated to protect it from contamination
				  and pollution. The water supply shall be obtained from a public or other water
				  supply system in compliance with the provisions of the Nebraska Safe Drinking
				  Water Act, Nebraska Revised Statutes, Chapter 71, Article 53 (Reissue 1981, and
				  of the Regulations Governing Public Water Supply Systems, Title 179, Nebraska
				  Administrative Code, Chapter 2; but this is not required if the water supply
				  system has less than fifteen service connections and regularly serves less than
				  twenty-five individuals. If such a water supply system is not required, the
				  water supply system must be constructed, maintained, and operated in accordance
				  with the provisions of the Rules and Regulations Governing A Private Water
				  Well, Title 178, Nebraska Administrative Code, Chapter 9.
An adequate supply of water shall be provided for camp
				  purposes.
Sanitary drinking fountains or individual drinking utensils,
				  separate from toilet rooms, shall be provided. Multiple use drinking utensils
				  shall not be used except when they can be properly washed and sanitized between
				  usage. Common drinking utensils shall not be used.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-004 - PLUMBING

Current through June 17, 2024
No plumbing fixture or other device which provides a
				  connection between a drinking water supply and a drainage, soil, waste or other
				  sewer pipe so as to make possible the backflow of sewage or wastewater into the
				  water system, shall be installed or be permitted to remain installed. Water
				  which has been used for cooling or for any other purpose shall not be returned
				  to the system. All plumbing shall conform to the local plumbing code. Where no
				  local plumbing code is in effect, plumbing shall conform to the Standard
				  Plumbing Code, ASA A 40-8 1955. Drains and overflows from food and drink
				  equipment shall not be connected directly to a sewer.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-005 - TOILET FACILITIES

Current through June 17, 2024
Toilet facilities shall be provided at the ratio of not less
				  than one seat for every ten (10) campers. In camps occupied by males and where
				  urinals are used, one toilet seat shall be provided for every fifteen (15) male
				  occupants, and one urinal for every thirty (30) male occupants. Toilet
				  buildings or rooms shall be conveniently located, well lighted and ventilated,
				  kept in good repair, and, when in use, kept in a clean and sanitary condition.
				  Toilet rooms shall not open directly into any room in which food, drink, or
				  utensils are handled or stored. The entrance of all toilet facilities shall be
				  designed to permit privacy. Toilet facilities located adjacent to food-related
				  operations shall be fully enclosed.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-006 - LAVATORY AND BATHING FACILITIES

Current through June 17, 2024
Adequate handwashing facilities shall be provided in
				  proximity to toilets and urinals.
Hot water temperature at lavatories and bathing facilities
				  shall not exceed 120 F.
The use of a common towel and washcloth is prohibited.
Sanitary dispensing and disposal units shall be provided for
				  paper towels.
Bathing facilities shall be provided at the ratio of not less
				  than one bathing facility for every, twenty (20) persons. The walls, floors and
				  ceilings of shower rooms and shower stalls shall be of smooth, durable,
				  non-absorbent, and easily cleanable construction, impervious to moisture and
				  maintained in a clean, sanitary condition when in use. Floor drains properly
				  trapped shall be provided in all bathing facilities.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-007 - SEWAGE AND LIQUID WASTE DISPOSAL

Current through June 17, 2024
Sewage and all liquid wastes shall be discharged into a
				  municipal sewage system where such a system is available; otherwise, the sewage
				  shall be collected, treated and disposed of in an independent sewage system
				  which complies with the practice recommended or required by local ordinances.
				  Where such do exit, they shall comply with state standards. Drains and
				  overflows from food and drink equipment shall not be connected directly to a
				  sewer. Pit-type privies may be approved in decentralized camping areas.
				  Pit-type privies shall conform to the standards of construction and maintenance
				  set up by the State Department of Health.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-008 - GARBAGE AND REFUSE STORAGE AND DISPOSAL

Current through June 17, 2024
All garbage and refuse shall be collected, stored, and
				  disposed of in a manner that will not create a nuisance, provide a breeding
				  place for flies, or a harborage for rodents All containers for garbage and
				  refuse shall be water-tight, have tightfitting covers and shall be fly and
				  rodent proof Garbage containers shall be kept clean
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-009 - VECTOR CONTROL

Current through June 17, 2024
Rodents and insects shall be controlled within the camp
				  premises by measures involving both sanitary practices and the use of
				  rodenticides and insecticides currently recommended by the State Department of
				  Health.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-011 - FOOD

Current through June 17, 2024
All aspects of the food operation in the camp, including
				  source, storage, preparation, and service, shall conform to the standards set
				  forth in the 1976 United States Public Health Service "Food Service Sanitation
				  Manual."
The principal camp area in which food is prepared and served
				  and where sleeping quarters are located shall be at least five hundred (500)
				  feet from any area in which livestock are kept.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-012 - HEALTH OF CAMPERS AND STAFF

Current through June 17, 2024
The camp operator shall designate and place on record the
				  name or names of one or more duly licensed practitioners of the healing arts to
				  be called in case of emergency
No camp operator shall employ a person who is affected with
				  any disease in a communicable form or is a carrier of such disease in any camp
				  establishment
The camp operator shall provide a place for the reception and
				  first aid treatment of sick or injured campers First-aid equipment and supplies
				  shall be available When the existence of a communicable disease is suspected,
				  the operator shall isolate the individual immediately and promptly arrange for
				  medical attention
A health record of every camper and staff member shall be
				  kept by the camp operator It shall include each individual's illnesses and
				  injuries occurring, and the first aid treatments given, during the period of
				  attendance at camp The camp operator shall report all occurrences of poisonings
				  or communicable diseases (excluding the common cold) immediately to the State
				  Department of Health This shall include all food- and water-borne related
				  illnesses
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-013 - PERSONAL HYGIENE - SLEEPING FACILITIES

Current through June 17, 2024
The common use of personal items such as combs, brushes, and
				  toothbrushes is prohibited.
Every camper shall have an individual bed. Beds in permanent
				  structures shall be placed so that heads of campers are at least six (6) feet
				  apart. There shall be forty (40) or more square feet of floor space per camper
				  in sleeping areas in permanent structures.
Beds shall be arranged to provide for adequate cleaning.
				  Mattresses and mattress covers, if provided, shall be in good repair and
				  maintained in a clean and sanitary manner.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-014 - SAFETY

Current through June 17, 2024
Firearms and other potentially hazardous equipment shall be
				  kept in locked compartments and shall be used only under proper
				  supervision.
Drugs, insecticides, strong caustics, acids, and any poisons
				  shall be stored away from food in locked cabinets, and used under the sole
				  control of the supervisory staff.
Water recreation shall be permitted only under the
				  supervision of a qualified member of the camp staff.
Reference is made on fire safety in recreation camps to the
				  requirements of the office of the State Fire Marshal.
Transportation shall be available at all times for use in
				  case of emergency.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-015 - LEASING RECREATION CAMP GROUPS

Current through June 17, 2024
It shall be the responsibility of the licensee to inform the
				  State Department of Health of all leasing camp groups providing their own camp
				  staff.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-016 - PLAN SUBMITTAL

Current through June 17, 2024
Written notification and designation of plans and
				  specifications as "APPROVED - STATE OF NEBRASKA - DEPARTMENT OF HEALTH
				  -DIVISION OF HOUSING AND ENVIRONMENTAL HEALTH" shall constitute a permit for
				  construction, provided construction is begun within six months. When
				  construction is delayed beyond this period it will be necessary for the owner
				  to obtain an extension in writing from the State Department of Health. Plans
				  shall be submitted in duplicate. Failure to submit plans shall constitute cause
				  for the denial, refusal of renewal, suspension or revocation of a recreation
				  camp permit.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO RECREATION CAMPS › Section 178-1-017 - PERMIT FEE

Current through June 17, 2024
The annual application for a valid permit for the operation
				  of a recreation camp shall be accompanied by an annual fee of twenty-five
				  dollars.
Sections 1-3102 and
					 71-3105
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 2 - DESIGN CONSTRUCTION, OPERATION, AND MAINTENANCE OF PUBLIC SWIMMING POOLS › Section 178-2-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations establish standards for swimming pool
				  design, review, construction, approval, operation, and related requirements.
				  The authority for these regulations is found in Nebraska Revised Statute (Neb.
				  Rev. Stat.) §§
									71-4301 to
				  71-4307.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 2 - DESIGN CONSTRUCTION, OPERATION, AND MAINTENANCE OF PUBLIC SWIMMING POOLS › Section 178-2-003 - PLANS AND SPECIFICATIONS

Current through June 17, 2024
Unless otherwise indicated, plans and specifications for new
				  swimming pools, and modifications or improvements to existing pools must be
				  prepared by a design professional. All plans and specifications must be
				  submitted to the Department in triplicate for review and written approval prior
				  to beginning construction. Plans are to be laid out on sheets having a minimum
				  size of 11 by 17 inches. Plans and specifications for modifications or
				  improvements must include all applicable portions of the swimming pool.
003.01
OWNER
				SUBMITTAL.
The owner of a pool may submit plans and specifications
				for changes to existing pools for erosion type feeders and solution type.
003.02
SUBMITTAL
				DETERMINATION.
Items not listed in 178 NAC 2-003.03 are to be
				provided in writing to the Department for determination on whether submittal is
				required. Determination will be based on engineering, health and safety
				concerns. All items installed that do not require plans and specifications must
				be installed per manufacturer's installation instructions.
003.03
PLANS AND SPECIFICATIONS
				NOT REQUIRED:
(A) Equipment
				replacement that is the exact make and model as previously approved by the
				Department;
(B) Heaters intended
				for commercial pool use that contain only nontoxic heat transfer
				media;
(C) Anti-entrapment devices
				that install on the pump or in the treatment train;
(D) Pumps that are of the same horsepower as
				previously approved;
(E) Valves and
				piping of the identical size;
(F)
				pH adjustment equipment;
(G)
				Strainer basket housing of the same size;
(H) Variable frequency drives with the same
				horsepower as the original;
(I)
				Installation of an Oxidation-Reduction Potential controller;
(J) Repair and maintenance of equipment;
				and
(K) Diving boards or stands
				approved after June 8, 2004.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 2 - DESIGN CONSTRUCTION, OPERATION, AND MAINTENANCE OF PUBLIC SWIMMING POOLS › Section 178-2-004 - VARIANCES

Current through June 17, 2024
A design professional, or owner if 178 NAC 2-003.01 applies,
				  may submit a variance request. A variance must be submitted on forms provided
				  by the Department at least 30 working days before construction is to begin. A
				  variance is at the discretion of the Department. The Department will not issue
				  a variance if there is an increased public health or safety
				  risk.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 2 - DESIGN CONSTRUCTION, OPERATION, AND MAINTENANCE OF PUBLIC SWIMMING POOLS › Section 178-2-005 - DESIGN STANDARDS

Current through June 17, 2024
The Department may consider alternate designs that follow
				  generally accepted engineering guidelines and standards with submitted
				  engineering justification.
005.01
EXISTING POOLS.
Swimming pools constructed or under
				construction prior to the effective date of these regulations, which do not
				fully comply with the design and construction requirements of these regulations
				may be continued in use as long as the swimming pool meets the current
				operating requirements in 178 NAC 2, poses no significant health or safety
				risks as determined by the Department or Director, and is operated and
				maintained as designed.
005.02
MAXIMUM SWIMMING POOL PATRON LOADING.
005.02(A)
AREA
				LOADING.
005.02(A)(i)
SHALLOW AREA.
15 square feet of pool water surface
				area must be provided for each patron for those portions of the swimming pool 5
				feet or less in depth. This also applies to spray parks without standing
				water.
005.02(A)(ii)
DEEP AREA.
25 square feet of pool surface area must be
				provided for each patron.
005.02(A)(iii)
DIVING OR SLIDE
				AREA.
Where a separate designated diving or slide area is
				provided, and other swimmers are not allowed in this area, this area may be
				excluded from the surface area used for computing patron load; however, 10
				patrons must be included for each board, platform or slide.
005.02(A)(iv)
ADDITIONAL AREA
				ALLOWANCE.
Additional allowance will be made on the basis of 1
				additional patron per each 50 square feet of pool deck in excess of the minimum
				area of deck required, and 1 additional patron per each 100 square feet of
				picnic and play area within the enclosure.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 2 - DESIGN CONSTRUCTION, OPERATION, AND MAINTENANCE OF PUBLIC SWIMMING POOLS › Section 178-2-008 - POOL STAFF AND SUPERVISION STANDARDS

Current through June 17, 2024
The following staffing and supervision standards apply to
				  Class A, B, and F swimming pools.
008.01
CLASS A.
Every Class A swimming pool must be under the direct and immediate supervision
				of a Nebraska swimming pool operator whenever the pool is open.
008.02
CLASS B AND
				F.
Every Class B and Class F swimming pool must have a Nebraska
				swimming pool operator on site or able to be on site within 60
				minutes.
008.03
PROOF
				OF CERTIFICATE.
Proof of certificate of competency must be
				available in the office of the facility.
008.04
LIFEGUARDS.
Every Class A swimming pool must have lifeguards on duty whenever the pool is
				open. The requirements for lifeguards are as follows:
008.04(A)
CERTIFICATION.
Lifeguards must be currently certified
				by:
(i) The American Red Cross, the National
				Pool and Water Park Lifeguard Training Program, the YMCA, the Boy Scouts of
				America, or another lifeguard certifying organization with an equivalent
				lifeguard certification program, as determined by the Department. If a
				certification was issued with restrictions, the certification must be
				appropriate for the duty to which the lifeguard is assigned; and
(ii) The American Heart Association, the
				National Safety Council, the American Red Cross, or another nationally
				recognized organization. The certification course must include infant, child,
				and adult cardiopulmonary resuscitation (CPR), two-person CPR, and the use of a
				bag valve mask and a rescue breathing mask. Certification must be renewed
				annually.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 2 - DESIGN CONSTRUCTION, OPERATION, AND MAINTENANCE OF PUBLIC SWIMMING POOLS › Section 178-2-009 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
Swimming pools must meet applicable standards for lifeguard
				  chairs, signs, and bathhouses.
009.01
LIFEGUARD CHAIRS.
All Class A swimming pools, and
				those Class B and F swimming pools which elect to have a lifeguard on duty, are
				required to meet the following standards:
009.01(A)
CHAIR
				NUMBER.
A lifeguard chair for each 2,000 square feet of water
				surface area must be provided.
Water Surface Area in Sq. Ft. (meters)
Minimum Number of Chairs
Less than 2,000 (<186)
0
2,000 to 3,999 ( 187-372)
1
4,000 to 5,999 ( 373-557)
2
6,000 to 7,999 ( 558-743)
3
009.01(B)
GREATER THAN 5 FEET
				DEPTH.
At least one chair must be located so the lifeguard is able
				to maintain surveillance of all pool floor area having a depth greater than 5
				feet .
009.01(C)
LIFEGUARD CHAIR LOCATION.
All lifeguard chairs must
				be:
(i) Located so the guard is not required
				to protect a segment greater than 180º;
(ii) Placed at waterside in locations to
				minimize the effect of glare on the water; and
(iii) Placed to give complete coverage of the
				pool(s).