Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Transferred to section 81-15,266.
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[Repealed or reserved.]
Transferred to section 81-15,267.
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[Repealed or reserved.]
Transferred to section 81-15,268.
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[Repealed or reserved.]
Transferred to section 81-15,269.
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[Repealed or reserved.]
Transferred to section 81-15,270.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-431 Treatment, defined.
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Treatment means a therapy, modality, product, device, or other intervention used to maintain well being or to diagnose, assess, alleviate, or prevent a disability, injury, illness, disease, or other similar condition.
Neb. Rev. Stat. § 71-432 Health care facility; health care service; licensure required.
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A health care facility or health care service shall not be established, operated, or maintained in this state without first obtaining a license issued by the department under the Health Care Facility Licensure Act. No facility or service shall hold itself out as a health care fac…
Neb. Rev. Stat. § 71-433 Health care facility; health care service; license; application.
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(1) An applicant for an initial or renewal license to operate a health care facility or health care service required to be licensed under the Health Care Facility Licensure Act shall file a written application with the department. The application shall be accompanied by the licen…
Neb. Rev. Stat. § 71-434 License fees.
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(1) Licensure activities under the Health Care Facility Licensure Act shall be funded by license fees. An applicant for an initial or renewal license under section 71-433 shall pay a license fee as provided in this section. (2) License fees shall include a base fee of fifty dolla…
Neb. Rev. Stat. § 71-435 License; duration; issuance.
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(1) Except as otherwise provided in the Health Care Facility Licensure Act, licenses issued pursuant to the act shall expire one year after the date of issuance or on uniform annual dates established by the department. (2) Licenses shall be issued only for the premises and person…
Neb. Rev. Stat. § 71-436 License; multiple services or locations; effect.
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(1) Except as otherwise provided in section 71-470, an applicant for licensure under the Health Care Facility Licensure Act shall obtain a separate license for each type of health care facility or health care service that the applicant seeks to operate. A single license may be is…
Neb. Rev. Stat. § 71-436.01 License; designation of services.
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A health care facility applying for a license as a mental health substance use treatment center shall designate whether the license is to be issued to provide services for mental health disorders, for substance use disorders, or for both mental health and substance use disorders.…
Neb. Rev. Stat. § 71-436.02 Remote dispensing pharmacy license; requirements.
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(1) A pharmacy shall obtain a remote dispensing pharmacy license under the Health Care Facility Licensure Act prior to engaging in remote dispensing. A pharmacy shall not be licensed as both a remote dispensing pharmacy and a pharmacy. At the time of initial licensure as a remote…
Neb. Rev. Stat. § 71-437 Provisional license; when issued.
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A provisional license may be issued to a health care facility or health care service that substantially complies with requirements for licensure under the Health Care Facility Licensure Act and the rules and regulations adopted and promulgated under the act if the failure to full…
Neb. Rev. Stat. § 71-438 Accreditation or certification; when accepted.
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(1) The department may accept accreditation or certification by a recognized independent accreditation body or public agency, which has standards that are at least as stringent as those of the State of Nebraska, as evidence that the health care facility or health care service com…
Neb. Rev. Stat. § 71-439 Design standards for health care facilities; adoption by Legislature; waiver of rule, regulation, or standard; when; procedure.
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(1)(a) For purposes of construction relating to ambulatory surgical centers, critical access hospitals, general acute hospitals, and hospitals, the Legislature adopts the 2018 Guidelines for Design and Construction of Hospitals, the 2018 Guidelines for Design and Construction of …
Neb. Rev. Stat. § 71-440 Inspection by department; report.
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The department may inspect or provide for the inspection of any health care facility or health care service licensed under the Health Care Facility Licensure Act in such manner and at such times as provided in rules and regulations adopted and promulgated by the department. The d…
Neb. Rev. Stat. § 71-4401 Terms, defined.
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For purposes of sections 71-4401 to 71-4412, unless the context otherwise requires: (1) Compendium means the Compendium of Animal Rabies Prevention and Control as published by the National Association of State Public Health Veterinarians; (2) Department means the Department of He…
Neb. Rev. Stat. § 71-4402 Vaccination against rabies; required; vaccine; sales.
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(1) Every domestic animal in the State of Nebraska shall be vaccinated against rabies with a licensed vaccine and revaccinated at intervals specified by rules and regulations adopted and promulgated by the department. Young domestic animals shall be initially vaccinated at the ag…
Repealed. Laws 2019, LB61, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-4402.02 Hybrid animal; vaccination against rabies; required; vaccine; sales.
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(1) Except as provided in subsection (3) of this section, every hybrid animal in the State of Nebraska shall be vaccinated against rabies and shall be revaccinated at intervals specified by rules and regulations adopted and promulgated by the department. A young hybrid animal sha…
Neb. Rev. Stat. § 71-4402.03 Control and prevention of rabies; rules and regulations.
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To protect the health, safety, and welfare of the public and to ensure, to the greatest extent possible, efficient and adequate practices, the department shall adopt and promulgate rules and regulations for the control and prevention of rabies. Such rules and regulations shall ge…
Neb. Rev. Stat. § 71-4403 Veterinarian; vaccination for rabies; certificate; contents.
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It shall be the duty of each veterinarian, at the time of vaccinating any domestic or hybrid animal, to complete a certificate of rabies vaccination which shall include, but not be limited to, the following information: (1) The owner's name and address; (2) An adequate descriptio…
Neb. Rev. Stat. § 71-4404 Vaccination for rabies; cost; payment.
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The cost of rabies vaccination shall be borne by the owner of the domestic or hybrid animal.
Neb. Rev. Stat. § 71-4405 Vaccination; domestic animals exempt.
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(1) The provisions of sections 71-4401 to 71-4412 with respect to vaccination shall not apply to any domestic or hybrid animal owned by a person temporarily remaining within the State of Nebraska for less than thirty days, to any domestic or hybrid animal brought into the State o…
Neb. Rev. Stat. § 71-4406 Post-incident management.
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Any domestic animal which has bitten any person or caused an abrasion of the skin of any person shall be subjected to post-incident management as provided in rules and regulations adopted and promulgated by the department.
Neb. Rev. Stat. § 71-4407 Domestic or hybrid animal or livestock; postexposure management.
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Domestic or hybrid animals or livestock known to have been exposed to a confirmed or suspected rabid animal shall be subjected to postexposure management as provided in rules and regulations adopted and promulgated by the department.
Neb. Rev. Stat. § 71-4408 Rabies control authority; pounds; authorized; impoundment; notice; release; fee.
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(1) The rabies control authority may authorize an animal pound or pounds or may enter into a cooperative agreement with a licensed veterinarian for the establishment and operation of a pound. (2) Any dog or hybrid of the family Canidae found outside the owner's premises whose own…
Neb. Rev. Stat. § 71-4409 Rabies control authority; enforcement of sections; duties.
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The rabies control authority shall enforce sections 71-4401 to 71-4412. In the event that the health and law enforcement officials of a county, township, city, or village fail to act with sufficient promptness in enforcing sections 71-4401 to 71-4412, the department may take all …
Neb. Rev. Stat. § 71-441 Inspection by State Fire Marshal; fee.
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The department may request the State Fire Marshal to inspect any applicant for licensure or any licensee for fire safety pursuant to section 81-502. The State Fire Marshal shall assess a fee for such inspection pursuant to section 81-505.01 payable by such applicant or licensee. …
Neb. Rev. Stat. § 71-4410 Violation; penalty; order for seizure.
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The owner of any domestic or hybrid animal or any person who violates any of the provisions of sections 71-4401 to 71-4412 shall be guilty of a Class V misdemeanor. When the owner of any domestic or hybrid animal or other animal fails or refuses to comply with section 71-4406 or …
Neb. Rev. Stat. § 71-4411 Impoundment fees; payment.
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Impoundment fees shall be paid by the owner. Fees for impoundment at public facilities shall be established by the rabies control authority.
Neb. Rev. Stat. § 71-4412 Control of rabies; vaccination; enforcement; political subdivisions.
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In the State of Nebraska, all laws, ordinances, codes, or rules and regulations concerning the control of rabies or the vaccination of domestic or hybrid animals against rabies shall be enforced by the county, township, city, and village health and law enforcement officials or th…
Neb. Rev. Stat. § 71-442 Alternative methods for assessing compliance.
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In addition to or in lieu of the authority to inspect for purposes of licensure and renewal, the department may adopt and promulgate rules and regulations which permit the use of alternative methods for assessing the compliance by a health care facility or health care service wit…
Neb. Rev. Stat. § 71-443 Findings of noncompliance; review, notice; statement of compliance; procedure.
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If the inspection report issued under section 71-440 contains findings of noncompliance by a health care facility or health care service with any applicable provisions of the Health Care Facility Licensure Act or rules and regulations adopted under the act, the department shall r…
Neb. Rev. Stat. § 71-444 Complaints; investigation; immunity.
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(1) Any person may submit a complaint to the department and request investigation of an alleged violation of the Health Care Facility Licensure Act or rules and regulations adopted and promulgated under the act. The department shall review all complaints and determine whether to …
Neb. Rev. Stat. § 71-445 Discrimination or retaliation prohibited; action for relief authorized.
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(1) A health care facility or health care service shall not discriminate or retaliate against a person residing in, served by, or employed at such facility or service who has initiated or participated in any proceeding authorized by the Health Care Facility Licensure Act or who h…
Neb. Rev. Stat. § 71-446 License; temporary suspension or limitation; procedure; appeal.
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(1) If the director determines that persons receiving care or treatment at a health care facility or by a health care service are in imminent danger of death or serious physical harm, he or she may temporarily suspend or temporarily limit the license of such facility or service a…
Neb. Rev. Stat. § 71-447 License; denied or refused renewal; grounds.
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The department may deny or refuse to renew a license under the Health Care Facility Licensure Act to any health care facility or health care service that fails to meet the requirements for licensure provided in the act or in rules and regulations adopted and promulgated under the…
Neb. Rev. Stat. § 71-448 License; disciplinary action; grounds.
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The Division of Public Health of the Department of Health and Human Services may take disciplinary action against a license issued under the Health Care Facility Licensure Act on any of the following grounds: (1) Violation of any of the provisions of the Assisted-Living Facility …
Neb. Rev. Stat. § 71-449 License; disciplinary actions authorized.
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(1) The department may impose any one or a combination of the following types of disciplinary action against the license of a health care facility or health care service: (a) A fine not to exceed ten thousand dollars per violation; (b) A prohibition on admissions or readmissions,…
Neb. Rev. Stat. § 71-450 License; disciplinary actions; considerations.
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(1) In determining what type of disciplinary action to impose, the department shall consider: (a) The gravity of the violation, including the probability that death or serious physical or mental harm will result, the severity of the actual or potential harm, and the extent to whi…
Repealed. Laws 2025, LB346, § 73.
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[Repealed or reserved.]
Repealed. Laws 2025, LB346, § 73.
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[Repealed or reserved.]
Repealed. Laws 2025, LB346, § 73.
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[Repealed or reserved.]
Repealed. Laws 2025, LB346, § 73.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-451 License; disciplinary actions; notice.
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(1) If the department determines to deny, refuse renewal of, or take disciplinary action against a license, the department shall send to the applicant or licensee, by certified mail to the last address shown on the records of the department, a notice setting forth the determinati…
Neb. Rev. Stat. § 71-452 License; disciplinary actions; rights of licensee.
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Within fifteen days after service of a notice under section 71-451, an applicant or a licensee shall notify the director in writing that the applicant or licensee (1) desires to contest the notice and request an informal conference with a representative of the department in perso…
Neb. Rev. Stat. § 71-453 License; disciplinary actions; informal conference; procedure.
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(1) The director shall assign a representative of the department, other than the individual who did the inspection upon which the notice is based, or a representative peer review organization to hold an informal conference with the applicant or licensee within thirty days after r…
Neb. Rev. Stat. § 71-454 License; disciplinary actions; hearings; procedure.
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(1) If the applicant or licensee requests a hearing under section 71-452, the department shall hold a hearing and give the applicant or licensee the right to present such evidence as may be proper. On the basis of such evidence, the director shall affirm, modify, or set aside the…