Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Neb. Rev. Stat. § 71-3810 Processor or retailer; violations; determination; civil penalties; adulterated kratom product; removal from list of registered kratom products.
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(1) Any processor or retailer that violates any section of the Kratom Consumer Protection Act, including those related to the application or registration, or any of the rules and regulations adopted and promulgated by the department that apply to processors or kratom products sha…
Neb. Rev. Stat. § 71-3811 Hearing; procedure; appeal.
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(1) A processor or retailer aggrieved by a notice of denial of an application issued under section 71-3807 or a notice of violation issued under section 71-3810 may request a hearing. (2) Such request shall be made within twenty days after the receipt of any such notice. (3) At s…
Neb. Rev. Stat. § 71-3812 Enforcement; prima facie evidence.
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(1) The Attorney General shall have authority to enforce the Kratom Consumer Protection Act pursuant to the Consumer Protection Act and the Uniform Deceptive Trade Practices Act. This section shall not be construed to allow for a private right of action under the Kratom Consumer …
Neb. Rev. Stat. § 71-3813 Processor; violation; false statement; perjury; forfeiture of certificate of registration.
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(1) If a registered processor has been convicted by any court of a violation of the Kratom Consumer Protection Act, the processor may, in addition to the penalties for such offense, incur a forfeiture of the certificate of registration for its kratom products and all money that h…
Neb. Rev. Stat. § 71-3814 Political subdivisions; regulations; restrictions.
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Except as otherwise provided in the Kratom Consumer Protection Act, no political subdivision shall impose additional restrictions on the manufacturing, packaging, labeling, distribution, or sale of kratom products greater than or in addition to those enumerated in the act.
Neb. Rev. Stat. § 71-3815 Rules and regulations.
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The department may adopt and promulgate rules and regulations to carry out the Kratom Consumer Protection Act.
Neb. Rev. Stat. § 71-3816 Excise tax; amount; records; return; collection.
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(1) Beginning January 1, 2027, an excise tax shall be levied on the retail sale of kratom products to consumers. The tax shall be at a rate of ten percent of the retail purchase price. (2) The excise tax imposed by this section shall be in addition to all other occupation, privil…
Repealed. Laws 2003, LB 242, § 154.
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[Repealed or reserved.]
Repealed. Laws 2003, LB 242, § 154.
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[Repealed or reserved.]
Repealed. Laws 2003, LB 242, § 154.
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[Repealed or reserved.]
Transferred to section 38-1058.
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[Repealed or reserved.]
Transferred to section 38-1059.
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[Repealed or reserved.]
Transferred to section 38-1060.
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[Repealed or reserved.]
Transferred to section 38-1061.
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[Repealed or reserved.]
Transferred to section 38-1062.
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[Repealed or reserved.]
Transferred to section 38-1063.
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[Repealed or reserved.]
Transferred to section 38-1064.
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[Repealed or reserved.]
Transferred to section 38-1065.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-3901 Act, how cited.
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Sections 71-3901 to 71-3909 shall be known and may be cited as the Indoor Tanning Facility Act.
Neb. Rev. Stat. § 71-3902 Terms, defined.
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For purposes of the Indoor Tanning Facility Act: (1) Board means the Board of Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art; (2) Department means the Division of Public Health of the Department of Health and Human Services; (3) Operator means a person designa…
Neb. Rev. Stat. § 71-3903 Legislative intent.
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It is the intent of the Legislature that the Indoor Tanning Facility Act be implemented and enforced in a manner that ensures equal treatment of all tanning facilities regardless of the type of business or facility or number of pieces of tanning equipment at the tanning facility.
Neb. Rev. Stat. § 71-3904 Applicability of act.
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The Indoor Tanning Facility Act does not apply to: (1) A physician licensed under the Uniform Credentialing Act who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emits ultraviolet radiation; or (2) Any individual who owns tanning equipment e…
Neb. Rev. Stat. § 71-3905 Operator, owner, or lessee; prohibited acts; signed statement required; when; consent; proof of age; duties.
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It shall be unlawful for an operator, an owner of a tanning facility, or a lessee of a tanning facility to allow any person less than sixteen years of age to use tanning equipment at the tanning facility unless the person is accompanied by a parent or legal guardian. Before each …
Neb. Rev. Stat. § 71-3906 Operator, owner, or lessee; civil penalty.
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Any operator, owner of a tanning facility, or lessee of a tanning facility who allows any person less than sixteen years of age to use tanning equipment at the tanning facility without being accompanied by the parent or legal guardian who signed the statement required under secti…
Neb. Rev. Stat. § 71-3907 Operator, owner, or lessee; post warning sign; information.
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(1) An operator, an owner of a tanning facility, or a lessee of a tanning facility shall post a warning sign in a conspicuous location in the tanning facility where it is readily visible by any person entering the tanning facility. The warning sign shall have black letters which …
Neb. Rev. Stat. § 71-3908 Operator, owner, or lessee; ensure compliance.
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An operator, an owner of a tanning facility, or a lessee of a tanning facility shall ensure that the tanning facility complies with all applicable federal laws and regulations and the Indoor Tanning Facility Act.
Neb. Rev. Stat. § 71-3909 Complaint; department; powers.
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Upon receipt of a complaint regarding a tanning facility, the department, with the recommendation of the board, may inspect any tanning facility during the hours of operation of the tanning facility to ensure compliance with the Indoor Tanning Facility Act.
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Transferred to section 38-1066.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Transferred to section 38-1067.
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[Repealed or reserved.]
Transferred to section 38-1068.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Transferred to section 38-1069.
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[Repealed or reserved.]
Transferred to section 38-1070.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-4001 Transactions, defined.
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Procuring, furnishing, donating, processing, distributing, or using human whole blood, plasma, blood products, blood derivatives, and other human tissues such as corneas, bones, or organs for the purpose of injecting, transfusing, or transplanting any of them in the human body is…
Neb. Rev. Stat. § 71-4002 Plasma donation; consent.
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Any individual of sound mind and eighteen years of age or more may consent to donate plasma without the permission of a parent or guardian. The consent is not subject to later disaffirmance because of minority.
Neb. Rev. Stat. § 71-401 Act, how cited.
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Sections 71-401 to 71-479 shall be known and may be cited as the Health Care Facility Licensure Act.
Neb. Rev. Stat. § 71-402 Purpose of act.
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The purpose of the Health Care Facility Licensure Act and the Nebraska Nursing Home Act is to protect the public health, safety, and welfare by providing for the licensure of health care facilities and health care services in the State of Nebraska and for the development, establi…
Neb. Rev. Stat. § 71-403 Definitions, where found.
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For purposes of the Health Care Facility Licensure Act, unless the context otherwise requires, the definitions found in sections 71-404 to 71-431 shall apply.
Neb. Rev. Stat. § 71-404 Adult day service, defined.
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(1) Adult day service means a person or any legal entity which provides care and an array of social, medical, or other support services for a period of less than twenty-four consecutive hours in a community-based group program to four or more persons who require or request such s…
Neb. Rev. Stat. § 71-405 Ambulatory surgical center, defined.
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(1) Ambulatory surgical center means a facility (a) where surgical services are provided to persons not requiring hospitalization who are discharged from such facility within twenty-three hours and fifty-nine minutes from the time of admission, (b) which meets all applicable requ…
Neb. Rev. Stat. § 71-406 Assisted-living facility, defined.
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Assisted-living facility has the same meaning as in section 71-5903.
Neb. Rev. Stat. § 71-407 Care, defined.
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(1) Care means the exercise of concern or responsibility for the comfort, welfare, and habilitation of persons, including a minimum amount of supervision and assistance with or the provision of personal care, activities of daily living, health maintenance activities, or other sup…
Neb. Rev. Stat. § 71-408 Center or group home for the developmentally disabled, defined.
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Center or group home for the developmentally disabled means a facility where shelter, food, and care, advice, counseling, diagnosis, treatment, or related services are provided for a period of more than twenty-four consecutive hours to four or more persons residing at such facili…
Neb. Rev. Stat. § 71-408.01 Children's day health service, defined.
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(1) Children's day health service means a person or any legal entity which provides specialized care and treatment, including an array of social, medical, rehabilitation, or other support services for a period of less than twenty-four consecutive hours in a community-based group …
Neb. Rev. Stat. § 71-409 Critical access hospital, defined.
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Critical access hospital means a facility (1) with acute care inpatient beds where care or treatment is provided on an outpatient basis or on an inpatient basis to persons for an average period of not more than ninety-six hours and emergency services are provided on a twenty-four…
Neb. Rev. Stat. § 71-410 Department, defined.
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Department means the Division of Public Health of the Department of Health and Human Services.