Title 36, Public Health and Safety

Any person employed by a children's camp on a written contract basis for a specified term longer than one week shall be exempt from the provisions of section 23-233, relating to daily and weekly hours of labor, except that no child under the age of sixteen years shall be employed…

Any person who violates any provision of this article is guilty of a petty offense.

The provisions of this chapter shall not apply to children's camps which are regulated by an existing ordinance of any city or town.

Nothing in this chapter shall be interpreted to limit the powers and duties of the department of health services.

The department of health services may delegate powers and duties provided pursuant to this chapter to a county health department of the county in which the children's camp is located.

A child who attends a children's camp in this state may possess and use a topical sunscreen product without a note or prescription from a licensed health care professional.

In this article, unless the context otherwise requires: 1. "Attorney for the state" means the county attorney in the county where the committed defendant was found to be a committed defendant, or the attorney general, who represents this state at any proceedings held pursuant to …

A. The psychiatrist, psychologist or other competent professional of the secure state mental health facility shall biannually examine each person who is committed pursuant to section 13-4521. The person who conducts the biannual examination shall submit the examination report to …

After a hearing pursuant to section 36-4002 or 36-4004, if the court finds that: 1. The committed defendant has been restored to competency, the court shall order the criminal proceedings to resume. 2. The committed defendant has not been restored to competency and: (a) The commi…

A. If the medical director determines that the committed defendant's mental illness, defect or disability has so changed that the committed defendant is no longer dangerous if conditionally released to a less restrictive alternative, the medical director shall allow the committed…

A. If the court determines that conditional release to a less restrictive alternative is in the best interest of the committed defendant and will adequately protect the community and the court determines that the minimum conditions under section 36-4006 are met, the court shall e…

Before the court orders that a committed defendant be conditionally released to a less restrictive alternative, the court shall find that all of the following apply: 1. The committed defendant will be treated by a competent professional. 2. The competent professional presents a s…

A. A committed defendant does not forfeit any legal right and may not suffer any legal disability as a consequence of any actions taken or orders made pursuant to this article except as specifically provided in this article. B. A committed defendant shall receive care, supervisio…

A. If the attorney for the state, the medical director or the court believes that a committed defendant who is conditionally released to a less restrictive alternative is not complying with the terms and conditions of release or is in need of additional care and treatment, the me…

A. If the medical director determines that the committed defendant's mental illness, defect or disability has so changed that the committed defendant is no longer dangerous if discharged but remains incompetent to stand trial, the medical director shall allow the committed defend…

A. A committed defendant may not be transported from a secure state mental health facility, except that a committed defendant may be transported to court for any of the following reasons: 1. A hearing on a biannual examination. 2. A hearing on a petition for conditional release t…

A finding made by the court pursuant to this article is inadmissible in any proceeding other than a proceeding under this article, under title 13, chapter 41 or under chapter 5 of this title.

In this article, unless the context otherwise requires: 1. "Department" means the department of health services. 2. "Director" means the director of the department. 3. "Trauma recovery center" means a treatment center that provides at least the following resources, treatments and…

A. The trauma recovery center fund is established consisting of legislative appropriations, grants and contributions. The director shall administer the fund for the purposes prescribed in this article. Monies in the fund are subject to legislative appropriation and are exempt fro…

On or before October 1 of each year, the department shall provide an annual report to the governor, the speaker of the house of representatives and the president of the senate that includes information from each trauma recovery center that receives grant monies pursuant to this a…

In this chapter, unless the context otherwise requires: 1. "Accredited laboratory" means a laboratory which has received accreditation from an accreditation program approved by the secretary of the United States department of health and human services to meet standards of the fed…

The provisions of this chapter shall be administered by the department of health services.

The provisions of this article apply to all clinical laboratories and directors of clinical laboratories but do not apply to the following: 1. Clinical laboratories operated, licensed or certified by the United States government. 2. Certain classes of clinical laboratories and ty…

A. No person shall establish, conduct or maintain a clinical laboratory in this state or engage in the business of providing clinical laboratory services to persons within the state unless that person applies for and obtains a license pursuant to this article. The department shal…

A. Except as otherwise provided pursuant to this article and rules adopted pursuant to this article, a person who desires to operate a clinical laboratory outside of a licensed health care institution shall file with the department an application accompanied by a license applicat…

A. A person who wishes to operate a laboratory in a health care institution which is covered by a single license issued pursuant to chapter 4 of this title shall submit an application for licensure on a form prescribed and furnished by the department. The application shall be und…

A. The department may inspect the premises and operations of a clinical laboratory subject to licensure pursuant to this article to study and evaluate the operation, supervision and procedures of that facility to determine if it is in substantial compliance with this article and …

A. The director shall establish by rule fees that do not exceed the cost to the department of conducting on-site inspections, evaluation and verification of information submitted with an application and other activities related to licensure of clinical laboratories pursuant to th…

A. The director shall appoint a clinical laboratory licensure advisory committee consisting of members representing a variety of persons affected by this article. The committee shall advise the director regarding the adoption of rules and shall make recommendations regarding inte…

A. The advisory committee on clinical laboratories is established consisting of the following members: 1. Four physicians who are licensed pursuant to title 32, chapter 13 or 17 and who are actively engaged in the practice of medicine. The director shall appoint these members. 2.…

A laboratory shall make available to the director on request all information that the laboratory is required by rule to keep including personnel records and information and data concerning its operation, quality assurance program, proficiency test program and laboratory procedure…

A. A person may obtain any laboratory test from a licensed clinical laboratory on a direct access basis without a health care provider's request or written authorization if the laboratory offers that laboratory test to the public on a direct access basis without a health care pro…

A. The department may assess a civil penalty in an amount of not more than three hundred dollars for each violation of this article or a rule adopted pursuant to this article. Each day a violation occurs constitutes a separate violation. The department shall hold a hearing pursua…

A. Except as otherwise provided, a clinical laboratory shall examine specimens at the authorization of any person licensed pursuant to title 32, chapter 7, 8, 13, 14, 17 or 29 or title 32, chapter 11, article 2, a person licensed to practice medicine or surgery in another state o…

A. Only a person authorized by law shall collect human bodily materials. Technical personnel of a laboratory may collect blood, remove stomach contents and collect material for smears and cultures or inject substances under the direction or on the written request of a licensed ph…

A. The owner or director of a laboratory shall not personally or through an agent, solicit the referral of specimens to his or any other laboratory in a manner which offers or implies an offer of rebates to persons submitting specimens or other fee-splitting inducements or partic…

A. A laboratory that provides anatomic pathology services shall not submit a bill to any person or entity other than the following: 1. The patient. 2. The responsible insurer or other third party payor. 3. The health care institution. 4. A referring laboratory, excluding the labo…

A. After a hearing held pursuant to title 41, chapter 6, article 10, the director may deny, suspend or revoke a license or deny the renewal of a license if he determines that a person has done any of the following: 1. Violated any of the provisions of this article or rules adopte…

A. The department may, upon its own initiative, and shall upon the verified complaint of any person setting forth facts which if proven would constitute grounds for action taken pursuant to section 36-473, investigate the applicant or licensee. B. The department shall notify the …

A. Upon the revocation of his license, a licensee shall be required to surrender his license to the department, and upon his failure or refusal to do so, the department shall have the right to seize the license. B. The department shall not be required to certify any record, file …

The operation or maintenance of an unlicensed clinical laboratory in violation of this article is declared a nuisance inimical to the public health, welfare and safety. The director, in the name of the people of the state, through the attorney general, may, in addition to other r…

A person is guilty of a class 3 misdemeanor if he: 1. Operates, maintains, directs or engages in the business of operating a clinical laboratory without a current license issued pursuant to this article. 2. Accepts blood or specimens for tests from and makes reports to persons wh…

In this article, unless the context otherwise requires: 1. "Department" means the department of health services. 2. "Director" means the director of the department. 3. "Transitional housing facility" means a temporary living arrangement for an individual who, after participating …

A. The director shall adopt rules to establish minimum standards and requirements for the licensure of transitional housing facilities in this state necessary to ensure the public health, safety and welfare. The standards shall include: 1. A requirement that each transitional hou…

The department shall establish by rule annual continuing education and training requirements for employees, volunteers and contractors who work in a transitional housing facility.