Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Neb. Rev. Stat. § 71-2480 Drugs; adulteration or misbranding; confiscation; destruction or sale; proceeds; disposition.
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Any drug which is adulterated or misbranded and which is sold, offered for sale, or delivered within this state shall be liable to be proceeded against where the same is found and seized for confiscation by a process of libel for condemnation. If such drug is condemned as being a…
Neb. Rev. Stat. § 71-2481 Drugs; manufacture or possession of adulterated or misbranded drugs; sale prohibited.
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No person shall, within this state, manufacture for sale therein or have in his or her possession with intent to sell, offer or expose for sale, or sell any remedies, medicines, or drugs which are adulterated or misbranded.
Neb. Rev. Stat. § 71-2482 Drugs; violations; penalties.
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Any person violating any of the provisions of section 71-2478, 71-2480, or 71-2481 is guilty of a Class III misdemeanor. Any person, for a second or subsequent violation of any of the provisions of section 71-2480 or 71-2481, is guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 71-2483 Communication authorized.
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An employee or agent of a prescribing practitioner may communicate a prescription, chart order, or refill authorization issued by the prescribing practitioner to a pharmacist or a pharmacist intern except for an emergency oral authorization for a controlled substance listed in Sc…
Repealed. Laws 2022, LB767, § 15.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-2485 Opioid Prevention and Treatment Act, how cited.
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Sections 71-2485 to 71-2495 shall be known and may be cited as the Opioid Prevention and Treatment Act.
Neb. Rev. Stat. § 71-2485.01 Terms, defined.
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For purposes of the Opioid Prevention and Treatment Act: (1) Division means the Division of Behavioral Health of the Department of Health and Human Services; (2) Local public health department means a local public health department as defined in section 71-1626; (3) Opiate or opi…
Neb. Rev. Stat. § 71-2486 Act, purpose.
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The purpose of the Opioid Prevention and Treatment Act is to provide for the use of dedicated revenue for opioid-disorder-related treatment, prevention, and remediation and research regarding opioid treatment, prevention, and remediation, in accordance with the terms of any verdi…
Neb. Rev. Stat. § 71-2487 Legislative findings.
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The Legislature finds that: (1) There is an opioid epidemic occurring in the United States, and Nebraska has been impacted; (2) The opioid epidemic in Nebraska is a serious public health crisis stemming from the rapid increase in the use of prescription and nonprescription opioid…
Neb. Rev. Stat. § 71-2488 Funds appropriated or distributed; not considered entitlement or state obligation; conditions on expenditures; conflict; verdict, judgment, compromise, or settlement prevails.
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(1) Any funds appropriated from the Opioid Prevention and Treatment Cash Fund or the Opioid Treatment Infrastructure Cash Fund or distributed from the Nebraska Opioid Recovery Trust Fund under the Opioid Prevention and Treatment Act shall not be considered ongoing entitlements or…
Neb. Rev. Stat. § 71-2489 Funds appropriated and distributed; reports on use.
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The regional behavioral health authorities and local public health departments shall report on or before November 1 of each even-numbered year to the division regarding the use of funds distributed for purposes of the Opioid Prevention and Treatment Act and the outcomes achieved …
Neb. Rev. Stat. § 71-249 Mobile barber shop; license; requirements.
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In order to be licensed as a mobile barber shop by the board, an applicant shall, in addition to the requirements of the Barber Act, meet, and present to the board evidence of meeting, the following requirements: (1) The proposed barber shop is a self-contained, self-supporting, …
Neb. Rev. Stat. § 71-2490 Nebraska Opioid Recovery Trust Fund; created; use; investment.
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(1) The Nebraska Opioid Recovery Trust Fund is created. The fund shall include all recoveries received on behalf of the state by the Department of Justice pursuant to the Consumer Protection Act or the Uniform Deceptive Trade Practices Act related to the advertising of opioids. T…
Neb. Rev. Stat. § 71-2491 Opioid Prevention and Treatment Cash Fund; created; use; investment.
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(1) The Opioid Prevention and Treatment Cash Fund is created. The fund shall consist of transfers from the Nebraska Opioid Recovery Trust Fund. No more than the amounts specified in this section may be appropriated or transferred from the Opioid Prevention and Treatment Cash Fund…
Neb. Rev. Stat. § 71-2492 Opioid Treatment Infrastructure Cash Fund; created; use; investment.
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(1) The Opioid Treatment Infrastructure Cash Fund is created. The fund shall consist of transfers from the Nebraska Opioid Recovery Trust Fund. (2) The division shall use the Opioid Treatment Infrastructure Cash Fund as appropriated by the Legislature for local and state public-p…
Neb. Rev. Stat. § 71-2493 Local public health department; aid; distribution; use; contracts authorized; report.
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(1) The division shall equitably distribute aid as appropriated by the Legislature to local public health departments: (a) To facilitate prevention efforts, including training on the use of overdose response, syringe access and education, and drug-checking products; (b) For educa…
Neb. Rev. Stat. § 71-2494 Regional behavioral health authority; aid; use; report.
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(1) Each regional behavioral health authority shall use funds received pursuant to the Opioid Prevention and Treatment Act for: (a) Opioid treatment and response; (b) Data tracking related to the opioid epidemic; (c) Supporting individual recovery and rehabilitation related to th…
Neb. Rev. Stat. § 71-2495 Research; appropriations; legislative intent.
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(1) The Legislature intends to support opioid misuse prevention research, opioid addiction research, and population, clinical, translational, and basic science research proposals to decrease the harmful impact of the opioid epidemic on Nebraska and carry out the purposes of the O…
Neb. Rev. Stat. § 71-2496 Prescription Drug Donation Program Act, how cited.
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Sections 71-2496 to 71-24,102 shall be known and may be cited as the Prescription Drug Donation Program Act.
Neb. Rev. Stat. § 71-2497 Terms, defined.
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For purposes of the Prescription Drug Donation Program Act: (1) Department means the Department of Health and Human Services; (2) Health care facility has the definition found in section 71-413 and includes the office of an individual licensed to practice medicine and surgery or …
Neb. Rev. Stat. § 71-2498 Prescription drug donation program; approval; administration; participation; voluntary.
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The department shall approve a prescription drug donation program that meets the criteria set forth in section 71-24,100 and designate a nonprofit organization to administer the program. Participation in the program shall be voluntary.
Neb. Rev. Stat. § 71-2499 Donations; handling fee.
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Any individual or entity, including, but not limited to, a prescription drug manufacturer or health care facility, may donate prescription drugs, over-the-counter medicines and products, and supplies to the program. A health care facility or pharmacy may charge a handling fee for…
Neb. Rev. Stat. § 71-250 Mobile barber shop license; application.
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Any person seeking a license to operate a mobile barber shop shall submit a completed application to the board as provided in section 71-219.02, and along with the application, the applicant shall submit a detailed floor plan or blueprint of the proposed barber shop sufficient to…
Neb. Rev. Stat. § 71-2501 Poison, defined; exceptions.
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For purposes of the Poison Control Act: (1) Poison includes: Arsenic, metallic or elemental, and all poisonous compounds and preparations thereof; corrosive sublimate; white precipitate; red precipitate, mercuric iodide; nitrate of mercury; hydrocyanic acid and all its salts and …
Neb. Rev. Stat. § 71-2501.01 Act, how cited.
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Sections 71-2501 to 71-2512 shall be known and may be cited as the Poison Control Act.
Neb. Rev. Stat. § 71-2502 Poisons; sale; labeling required.
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It shall be unlawful for any person to vend, sell, dispense, give away, furnish, or otherwise dispose of, or cause to be vended, sold, dispensed, given away, furnished, or otherwise disposed of, either directly or indirectly, any poison without affixing, or causing to be affixed,…
Neb. Rev. Stat. § 71-2503 Poisons; sale; duty of vendor to record in Poison Register.
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Every person who disposes of or sells at retail or furnishes any of the poisons in section 71-2501 or any other poisons which the Department of Health and Human Services may from time to time designate, as provided in section 71-2506, shall, before delivery, enter in a book kept …
Neb. Rev. Stat. § 71-2504 Poisons; sale; false representation or use of fictitious name by purchaser, prohibited.
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It shall be unlawful for any person to give or sign a fictitious name or, in order to procure any poison, to make any false representation to the person from whom the same is procured; and it shall be unlawful for any person delivering any poison under the provision of section 71…
Neb. Rev. Stat. § 71-2505 Act; applicability.
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(1) The Poison Control Act does not apply to the dispensing of poisons or preparation of medicines by practitioners credentialed under the Uniform Credentialing Act who are duly authorized by law to administer or professionally use those poisons specifically named in section 71-2…
Neb. Rev. Stat. § 71-2506 Poisons; sale; revised schedule of poisons; preparation; notice; hearing; appeal.
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(1) Whenever, in the judgment of the Department of Health and Human Services, it becomes necessary for the protection of the public to add any poison, not specifically enumerated in section 71-2501, the department shall have printed a revised schedule of all poisons coming under …
Neb. Rev. Stat. § 71-2507 Poisons; sale by person not registered pharmacist prohibited; exception.
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It shall be unlawful for any person, other than a duly registered pharmacist, to sell or dispense poisons as named in section 71-2501, except as otherwise provided in section 71-2501.
Neb. Rev. Stat. § 71-2508 Poisons; sale to minors and incompetents, prohibited.
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It shall be unlawful for any person in this state to sell or deliver any poison to any minor under eighteen years of age or to any person known to be of unsound mind or under the influence of intoxicants.
Neb. Rev. Stat. § 71-2509 Poisons; restriction to sale upon medical order; power of Department of Health and Human Services.
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The Department of Health and Human Services may adopt and promulgate rules and regulations, whenever such action becomes necessary for the protection of the public, to prohibit the sale of any poison, subject to this section, except upon the original written, oral, or electronic …
Neb. Rev. Stat. § 71-251 Mobile barber shop; application; review; denial; inspection.
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In addition to the requirements of the Barber Act, each application for a license to operate a mobile barber shop shall be reviewed by the board for compliance with the requirements of the Barber Act. If an application is denied, the applicant shall be informed in writing of the …
Neb. Rev. Stat. § 71-2510 Sales excluded from act.
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The Poison Control Act does not apply to sales of poisons made to practitioners credentialed under the Uniform Credentialing Act who are duly authorized by law to administer or professionally use those poisons specifically named in section 71-2501, to sales made by any manufactur…
Neb. Rev. Stat. § 71-2510.01 Embalming fluids; use of arsenic or strychnine prohibited; label required; violation; penalty.
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(1) No person, firm, corporation, partnership, or limited liability company shall manufacture, give away, sell, expose for sale, or deliver any embalming fluid or other fluids of whatsoever name, to be used for or intended for use in the embalming of dead human bodies, which cont…
Repealed. Laws 2015, LB 37, § 93.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-2512 Violations; penalty.
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Any person violating any of the provisions of the Poison Control Act, except as specific penalties are otherwise imposed, is guilty of a Class III misdemeanor. Any person, for a second or subsequent violation of any of the provisions of the Poison Control Act, when another specif…
Neb. Rev. Stat. § 71-2513 Act, how cited.
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Sections 71-2513 to 71-2517 shall be known and may be cited as the Childhood Lead Poisoning Prevention Act.
Neb. Rev. Stat. § 71-2514 Legislative findings.
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The Legislature hereby finds and declares that: (1) Childhood environmental lead poisoning constitutes a serious threat to the public health of the children of this state and the identification, treatment, and prevention of childhood environmental lead poisoning is a goal of the …
Neb. Rev. Stat. § 71-2515 Legislative intent.
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It is the intent of the Legislature that the citizens of Nebraska benefit by participation in national efforts to take innovative action to provide lead analysis of our children and the environment in which they are cared for, live, and learn.
Neb. Rev. Stat. § 71-2516 Department of Health and Human Services; statewide environmental lead hazard awareness action plan; powers.
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The Department of Health and Human Services may participate in national efforts and may develop a statewide environmental lead hazard awareness action plan which is comprehensive in scope and reflects contributions from a broad base of providers and consumers. In order to impleme…
Neb. Rev. Stat. § 71-2517 Entitlement not created; funding.
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The Childhood Lead Poisoning Prevention Act is not intended to create an entitlement to any activities described in the act, and the Department of Health and Human Services may perform the activities described in the act to the extent funds are available.
Neb. Rev. Stat. § 71-2518 Lead poisoning prevention program; established; components; results of tests; reports required; department; duties; payment of costs.
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(1) The Division of Public Health of the Department of Health and Human Services shall establish a lead poisoning prevention program that has the following components: (a) A coordinated plan to prevent childhood lead poisoning and to minimize exposure of the general public to lea…
Neb. Rev. Stat. § 71-252 Mobile barber shop; operating requirements.
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In order to maintain its license in good standing, each mobile barber shop shall operate in accordance with the following requirements: (1) The barber shop shall at all times comply with all applicable provisions of the Barber Act and all rules and regulations adopted and promulg…
Neb. Rev. Stat. § 71-253 Mobile barber shop license; revocation or expiration; effect.
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The license of a mobile barber shop that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such barber shop may reopen for business.
Neb. Rev. Stat. § 71-254 Mobile barber shop license; change of ownership or mobile unit; effect.
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Each mobile barber shop license issued shall be in effect solely for the owner or owners and the mobile unit named thereon and shall expire automatically upon any change of ownership or mobile unit. An original application for licensure shall be submitted and approved before such…
Neb. Rev. Stat. § 71-255 Mobile barber shop; owner liability.
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The owner of each mobile barber shop shall have full responsibility for ensuring that the barber shop is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the barber shop.
Neb. Rev. Stat. § 71-256 Home barber services permit; issuance.
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(1) A barber shop may employ licensed barbers, according to the licensed activities of the barber shop, to perform home barber services by obtaining a home barber services permit. (2) In order to obtain a home barber services permit from the board, an applicant shall: (a) Hold a …
Neb. Rev. Stat. § 71-257 Home barber services permit; requirements.
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In order to maintain in good standing or renew its home barber services permit, a barber shop shall at all times operate in accordance with the requirements for operation, maintain its license in good standing, and ensure that the home barber services comply with the following re…