Chapter 28 — CRIMES AND PUNISHMENTS
778 sections in this chapter.
Neb. Rev. Stat. § 28-373 Report of abuse, neglect, or exploitation; law enforcement agency; duties.
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(1) Upon the receipt of a report concerning abuse, neglect, or exploitation pursuant to section 28-372, it shall be the duty of the law enforcement agency (a) to make an investigation if deemed warranted because of alleged violations of section 28-386, (b) to take immediate steps…
Neb. Rev. Stat. § 28-374 Alleged abuse, neglect, or exploitation; department; duties.
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(1) The department shall investigate each case of alleged abuse, neglect, or exploitation of a vulnerable adult and shall provide such adult protective services as are necessary and appropriate under the circumstances. (2) In each case of alleged abuse, neglect, or exploitation, …
Neb. Rev. Stat. § 28-374.01 Alleged abuse, neglect, or exploitation; completion of investigation; decision regarding entry into registry; notice; contents; right to amend or expunge information; appeal.
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(1) Upon completion of the investigation pursuant to sections 28-373 and 28-374, the person who allegedly abused, neglected, or exploited a vulnerable adult shall be given written notice of the determination of the investigation and whether the person who allegedly abused, neglec…
Neb. Rev. Stat. § 28-374.02 Adult protective services official; training; requirements.
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(1) The department shall require each adult protective services official to successfully complete training relating to caring for individuals with Alzheimer's disease and other dementia. Such training shall be no less than one hour in length. An adult protective services official…
Neb. Rev. Stat. § 28-375 Immunity from liability; when.
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Any person participating in an investigation or the making of a report pursuant to the Adult Protective Services Act or participating in a judicial proceeding resulting therefrom shall be immune from any liability except (1) as otherwise provided in the Adult Protective Services …
Neb. Rev. Stat. § 28-376 Adult Protective Services Central Registry; established; access; name-change order; treatment.
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(1) The department shall establish and maintain an Adult Protective Services Central Registry which shall contain any substantiated report regarding a person who has allegedly abused, neglected, or exploited a vulnerable adult. (2) Upon request, a vulnerable adult who is the subj…
Neb. Rev. Stat. § 28-377 Records relating to abuse; access.
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Except as otherwise provided in sections 28-376 to 28-380, no person, official, or agency shall have access to the records relating to abuse unless in furtherance of purposes directly connected with the administration of the Adult Protective Services Act and section 28-726. Perso…
Neb. Rev. Stat. § 28-378 Records relating to abuse; release of information; when.
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The department or appropriate law enforcement agency shall provide requested information to any person legally authorized by sections 28-376 to 28-380 to have access to records relating to abuse when ordered by a court of competent jurisdiction or upon compliance by such person w…
Neb. Rev. Stat. § 28-379 Report of abuse; summary by department; when provided.
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Upon request, a physician or the person in charge of an institution, facility, or agency making a legally mandated report shall receive a summary of the findings of and actions taken by the department in response to such report. The amount of detail such summary contains and the …
Neb. Rev. Stat. § 28-380 Amendment or expungement of records; inaccurate or inconsistent with act; procedure.
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At any time subsequent to the completion of the department's investigation, if a vulnerable adult, the guardian of a vulnerable adult, or a person who allegedly abused a vulnerable adult and who is mentioned in a report believes the information in the report is inaccurate or bein…
Neb. Rev. Stat. § 28-381 Amendment or expungement of records; good cause; notice.
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At any time, the department may amend, expunge, or remove from the registry any record upon good cause. Upon request, written notice of any amendment, expunction, or removal of any record made pursuant to the Adult Protective Services Act shall be served upon the vulnerable adult…
Neb. Rev. Stat. § 28-382 Law concerning confidentiality; applicability.
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(1) No rule of evidence or other provision of law concerning confidential communications shall apply to prevent reports made pursuant to the Adult Protective Services Act unless otherwise specifically mentioned in the act. (2) Evidence shall not be excluded from any judicial proc…
Neb. Rev. Stat. § 28-383 Treatment by spiritual means alone; not considered abuse.
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No person shall be considered to be abused for the sole reason that such person relies upon spiritual means alone for treatment in accordance with the tenets and practices of a recognized church or religious denomination in lieu of medical treatment.
Neb. Rev. Stat. § 28-384 Failure to make report; penalty.
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Any person who willfully fails to make any report required by the Adult Protective Services Act shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 28-385 Release of confidential information; penalty.
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Any person who knowingly releases information required to be kept confidential by the Adult Protective Services Act, except as provided in the act, shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 28-386 Knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult; penalty.
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(1) A person commits knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult if he or she through a knowing and intentional act causes or permits a vulnerable adult or senior adult to be: (a) Physically injured; (b) Unreasonably confined; (c)…
Neb. Rev. Stat. § 28-387 Short-term protective services; temporary placement; authorized; when; procedure.
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(1) A county court may issue an ex parte order authorizing the provision of short-term involuntary adult protective services or temporary placement for a vulnerable adult for up to forty-eight hours, excluding nonjudicial days, pending the hearing for a need for continuing servic…
Neb. Rev. Stat. § 28-388 Act, how cited.
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Sections 28-388 to 28-394 shall be known and may be cited as the Homicide of the Unborn Child Act.
Neb. Rev. Stat. § 28-389 Terms, defined.
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For purposes of the Homicide of the Unborn Child Act, unless the context otherwise requires: (1) Premeditation means a design formed to do something before it is done; and (2) Unborn child means an individual member of the species Homo sapiens, at any stage of development in uter…
Neb. Rev. Stat. § 28-390 Applicability of sections.
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Sections 28-391 to 28-394 do not apply to an act or conduct causing or contributing to the death of an unborn child when the act or conduct is: (1) Committed or engaged in by the mother of the unborn child; (2) Any medical procedure performed with the consent of the mother; or (3…
Neb. Rev. Stat. § 28-391 Murder of an unborn child in the first degree; penalty.
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(1) A person commits murder of an unborn child in the first degree if he or she in committing an act or engaging in conduct that causes the death of an unborn child, intends, with deliberate and premeditated malice, to kill the unborn child or the mother of the unborn child with …
Neb. Rev. Stat. § 28-392 Murder of an unborn child in the second degree; penalty.
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(1) A person commits murder of an unborn child in the second degree if he or she, in committing an act or engaging in conduct that causes the death of an unborn child, intends, but without premeditation, to kill the unborn child or another. (2) Murder of an unborn child in the se…
Neb. Rev. Stat. § 28-393 Manslaughter of an unborn child; penalty.
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(1) A person commits manslaughter of an unborn child if he or she (a) kills an unborn child without malice upon a sudden quarrel with any person or (b) causes the death of an unborn child unintentionally while in the perpetration of or attempt to perpetrate any criminal assault, …
Neb. Rev. Stat. § 28-394 Motor vehicle homicide of an unborn child; penalty.
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(1) A person who causes the death of an unborn child unintentionally while engaged in the operation of a motor vehicle in violation of the law of the State of Nebraska or in violation of any city or village ordinance commits motor vehicle homicide of an unborn child. (2) Except a…
Neb. Rev. Stat. § 28-395 Act, how cited.
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Sections 28-395 to 28-3,101 shall be known and may be cited as the Assault of an Unborn Child Act.
Neb. Rev. Stat. § 28-396 Unborn child, defined.
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For purposes of the Assault of an Unborn Child Act, unborn child means an individual member of the species Homo sapiens at any stage of development in utero.
Neb. Rev. Stat. § 28-397 Assault of an unborn child in the first degree; penalty.
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(1) A person commits the offense of assault of an unborn child in the first degree if he or she, during the commission of any criminal assault on a pregnant woman, intentionally or knowingly causes serious bodily injury to her unborn child. (2) Assault of an unborn child in the f…
Neb. Rev. Stat. § 28-398 Assault of an unborn child in the second degree; penalty.
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(1) A person commits the offense of assault of an unborn child in the second degree if he or she, during the commission of any criminal assault on a pregnant woman, recklessly causes serious bodily injury to her unborn child with a dangerous instrument. (2) Assault of an unborn c…
Neb. Rev. Stat. § 28-399 Assault of an unborn child in the third degree; penalty.
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(1) A person commits the offense of assault of an unborn child in the third degree if he or she, during the commission of any criminal assault on a pregnant woman, recklessly causes serious bodily injury to her unborn child. (2) Assault of an unborn child in the third degree is a…
Neb. Rev. Stat. § 28-401 Terms, defined.
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As used in the Uniform Controlled Substances Act, unless the context otherwise requires: (1) Administer means to directly apply a controlled substance by injection, inhalation, ingestion, or any other means to the body of a patient or research subject; (2) Agent means an authoriz…
Neb. Rev. Stat. § 28-401.01 Act, how cited.
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Sections 28-401 to 28-456.01 and 28-458 to 28-476 shall be known and may be cited as the Uniform Controlled Substances Act.
Neb. Rev. Stat. § 28-401.02 Act; how construed.
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Nothing in the Uniform Controlled Substances Act shall be construed as authority for a practitioner to perform an act for which he or she is not authorized by the laws of this state.
Repealed. Laws 2001, LB 398, § 97.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-403 Administering secret medicine; penalty.
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If any physician or other person shall prescribe any drug or medicine to another person, the true nature and composition of which he does not, if inquired of, truly make known, but avow the same to be a secret medicine or composition, thereby endangering the life of such other pe…
Neb. Rev. Stat. § 28-404 Controlled substances; declaration.
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All drugs and substances or immediate precursors listed in section 28-405 are hereby declared to be controlled substances, whether listed by official name, generic, common, or usual name, chemical name, brand, or trade name.
Neb. Rev. Stat. § 28-405 Controlled substances; schedules; enumerated.
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The following are the schedules of controlled substances referred to in the Uniform Controlled Substances Act, unless specifically contained on the list of exempted products of the Drug Enforcement Administration of the United States Department of Justice as the list existed on J…
Neb. Rev. Stat. § 28-406 Registration; fees.
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(1) The department shall issue registrations and reregistrations to manufacture, distribute, prescribe, or dispense controlled substances within this state on a biennial basis. (2) The various fees to be paid by applicants for registrations and reregistrations, as required under …
Neb. Rev. Stat. § 28-407 Registration required; exceptions.
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(1) Except as otherwise provided in this section, every person who manufactures, prescribes, distributes, administers, or dispenses any controlled substance within this state or who proposes to engage in the manufacture, prescribing, administering, distribution, or dispensing of …
Neb. Rev. Stat. § 28-408 Registration to manufacture or distribute controlled substances; factors considered.
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(1) The department shall register an applicant to manufacture or distribute controlled substances included in Schedules I to V of section 28-405 unless the department determines that the issuance of such registration is inconsistent with the public interest. In determining the pu…
Neb. Rev. Stat. § 28-409 Registrant; disciplinary action; grounds; procedure.
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(1) A registration pursuant to section 28-408 to prescribe, administer, manufacture, distribute, or dispense a controlled substance may be denied, suspended, revoked, or renewal refused by the department upon a finding that the applicant or registrant: (a) Has falsified any appli…
Neb. Rev. Stat. § 28-410 Records of registrants; inventory; violation; penalty; storage.
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(1) Each registrant manufacturing, distributing, or dispensing controlled substances in Schedule I, II, III, IV, or V of section 28-405 shall keep and maintain a complete and accurate record of all stocks of such controlled substances on hand. Such records shall be maintained for…
Neb. Rev. Stat. § 28-411 Controlled substances; records; by whom kept; contents; compound controlled substances; duties.
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(1) Every practitioner who is authorized to administer or professionally use controlled substances shall keep a record of such controlled substances received by him or her and a record of all such controlled substances administered or professionally used by him or her, other than…
Neb. Rev. Stat. § 28-412 Narcotic drugs; administration to narcotic-dependent person; violation; penalty.
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(1) It is unlawful to prescribe any narcotic drug listed in section 28-405, except buprenorphine, for the purpose of detoxification treatment or maintenance treatment except as provided in this section. (2) A narcotic drug may be administered or dispensed to a narcotic-dependent …
Neb. Rev. Stat. § 28-413 Distribution to another registrant; manner.
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Controlled substances listed in Schedules I and II of section 28-405 shall be distributed by a registrant to another registrant pursuant to an order form or the electronic controlled substance ordering system of the administration. Compliance with the provisions of the Controlled…
Neb. Rev. Stat. § 28-414 Controlled substance; Schedule II; prescription; requirements; contents; dispensing; powers and duties.
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(1) Except as otherwise provided in this section or section 28-412 or when administered directly by a practitioner to an ultimate user, a controlled substance listed in Schedule II of section 28-405 shall not be dispensed without a prescription from a practitioner authorized to p…
Neb. Rev. Stat. § 28-414.01 Controlled substance; Schedule III, IV, or V; medical order, required; prescription; requirements; contents; pharmacist; authority to adapt prescription; duties.
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(1) Except as otherwise provided in this section or when administered directly by a practitioner to an ultimate user, a controlled substance listed in Schedule III, IV, or V of section 28-405 shall not be dispensed without a written, oral, or electronic medical order. Such medica…
Neb. Rev. Stat. § 28-414.02 Prescription created, signed, transmitted, and received electronically; records.
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(1) If a prescription is created, signed, transmitted, and received electronically, all records related to that prescription must be retained electronically. (2) Electronic records must be maintained electronically for five years after the date of their creation or receipt. (3) R…
Neb. Rev. Stat. § 28-414.03 Controlled substances; maintenance of records; label.
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(1) Paper prescriptions for all controlled substances listed in Schedule II of section 28-405 shall be kept in a separate file by the dispensing practitioner and shall be maintained for a minimum of five years. The practitioner shall make all such files readily available to the d…
Neb. Rev. Stat. § 28-414.04 Controlled substance; transfer.
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A registrant who is the owner of a controlled substance may transfer: (1) Any controlled substance listed in Schedule I or II of section 28-405 to another registrant as provided by law or by rule and regulation of the department; and (2) Any controlled substance listed in Schedul…
Neb. Rev. Stat. § 28-414.05 Controlled substance; destruction; records.
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(1) The owner of any stock of controlled substances may cause such controlled substances to be destroyed pursuant to this section when the need for such substances ceases. Complete records of the destruction of controlled substances pursuant to this section shall be maintained by…