Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Neb. Rev. Stat. § 71-4831 Preclusive effect of anatomical gift, amendment, or revocation.
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(a) Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a don…
Neb. Rev. Stat. § 71-4832 Who may make anatomical gift of decedent's body or part.
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(a) Subject to subsections (b) and (c) of this section and unless barred by section 71-4830 or 71-4831, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons wh…
Neb. Rev. Stat. § 71-4833 Manner of making, amending, or revoking anatomical gift of decedent's body or part.
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(a) A person authorized to make an anatomical gift under section 71-4832 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and s…
Neb. Rev. Stat. § 71-4834 Persons that may receive anatomical gift; purpose of anatomical gift.
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(a) An anatomical gift may be made to the following persons named in the document of gift: (1) A hospital; the State Anatomical Board; an accredited medical school, dental school, college, or university; an organ procurement organization; or any other appropriate person, for rese…
Neb. Rev. Stat. § 71-4835 Search and notification.
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(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) A law enforcement offic…
Neb. Rev. Stat. § 71-4836 Delivery of document of gift not required; right to examine.
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(a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copyi…
Neb. Rev. Stat. § 71-4837 Rights and duties of procurement organization and others.
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(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Donor Registry of Nebraska established pursuant to section 71-4822 and any donor registry that it knows exists for the ge…
Neb. Rev. Stat. § 71-4838 Coordination of procurement and use.
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Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
Neb. Rev. Stat. § 71-4839 Sale or purchase of parts prohibited; penalty.
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(a) Except as otherwise provided in subsection (b) of this section, a person that for valuable consideration, knowingly purchases or sells a part for transplantation, therapy, research, or education if removal of a part from an individual is intended to occur after the individual…
Neb. Rev. Stat. § 71-4840 Other prohibited acts; penalty.
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A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a Class IIIA felony.
Neb. Rev. Stat. § 71-4841 Immunity.
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(a) A person that acts with reasonable care in accordance with the Revised Uniform Anatomical Gift Act or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administra…
Neb. Rev. Stat. § 71-4842 Law governing validity; choice of law as to execution of document of gift; presumption of validity.
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(a) A document of gift is valid if executed in accordance with: (1) The Revised Uniform Anatomical Gift Act; (2) The laws of the state or country where it was executed; or (3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place …
Neb. Rev. Stat. § 71-4843 Effect of anatomical gift on advance health care directive.
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(a) For purposes of this section: (1) Advance health care directive means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor; (2) Decl…
Neb. Rev. Stat. § 71-4844 Uniformity of application and construction.
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In applying and construing the Revised Uniform Anatomical Gift Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact this uniform act.
Neb. Rev. Stat. § 71-4845 Relation to Electronic Signatures in Global and National Commerce Act.
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The Revised Uniform Anatomical Gift Act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(a) of that act, 15 U.S.C. 7001, or authorize electronic delivery of…
Neb. Rev. Stat. § 71-4901 Chronic renal diseases; Department of Health and Human Services program; establish; definitions.
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The Department of Health and Human Services shall establish a program for the care and treatment of persons suffering from chronic renal diseases. This program shall assist persons suffering from chronic renal diseases who require life-saving care and treatment for such renal dis…
Repealed. Laws 2002, LB 93, § 27.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-4903 Department of Health and Human Services; duties.
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The Department of Health and Human Services shall: (1) Develop standards for determining eligibility for care and treatment under this program and establish standards and qualifications of those patients unable to pay for treatment of chronic renal disease on a continuing basis. …
Neb. Rev. Stat. § 71-4904 Chronic Renal Disease Cash Fund; created; purpose.
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There is hereby created in the Department of Health and Human Services the Chronic Renal Disease Cash Fund. The fund shall be used for payment of services, granting of financial assistance, and participation in other state and federal programs for the purpose of caring for person…
Neb. Rev. Stat. § 71-4905 Director of Administrative Services; warrants.
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The Director of Administrative Services is hereby authorized and directed to draw his warrants upon the proper funds in the state treasury for, but never in excess of, the sums herein specified upon presentation of proper vouchers. The State Treasurer shall pay the warrants out o…
Neb. Rev. Stat. § 71-5001 Act, how cited.
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Sections 71-5001 to 71-5004 shall be known and may be cited as the Compassion and Care for Medically Challenging Pregnancies Act.
Neb. Rev. Stat. § 71-5002 Terms, defined.
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For purposes of the Compassion and Care for Medically Challenging Pregnancies Act: (1) Department means the Department of Health and Human Services; (2) Lethal fetal anomaly means a fetal condition diagnosed before birth that will, with reasonable certainty, result in the death o…
Neb. Rev. Stat. § 71-5003 Lethal fetal anomaly; physician or nurse practitioner; powers.
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A physician or nurse practitioner who diagnoses an unborn child as having a lethal fetal anomaly may: (1) Inform the pregnant woman, orally and in person, that perinatal hospice services are available and offer or refer for this care; and (2) Deliver to the pregnant woman in writ…
Neb. Rev. Stat. § 71-5004 Department; website and information support sheet; duties; perinatal hospice program; request to include information.
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(1) The department shall create and organize geographically a list of perinatal hospice programs available in Nebraska and nationally. The department shall post such information on its website and shall include an information support sheet in English and Spanish on the website th…
Neb. Rev. Stat. § 71-501 Contagious diseases; local public health department; county board of health; powers and duties.
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(1) The local public health department as defined in section 71-1626 or the county board of a county that has not established or joined in the establishment of a local public health department shall make and enforce regulations to prevent the introduction and spread of contagious…
Neb. Rev. Stat. § 71-501.01 Acquired immunodeficiency syndrome; legislative findings.
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The Legislature recognizes that acquired immunodeficiency syndrome, AIDS, is an incurable life-threatening illness which is epidemic in the United States. Persons who suffer from acquired immunodeficiency syndrome and its related diseases and conditions must receive appropriate a…
Neb. Rev. Stat. § 71-501.02 Acquired immunodeficiency syndrome program; department; powers.
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The Department of Health and Human Services may establish and administer a statewide acquired immunodeficiency syndrome program for the purpose of providing education, prevention, detection, and counseling services to protect the public health. In order to implement the program, …
Neb. Rev. Stat. § 71-502 Communicable diseases; rules and regulations; control; powers of Department of Health and Human Services.
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The Department of Health and Human Services shall have supervision and control of all matters relating to necessary communicable disease control and shall adopt and promulgate such proper and reasonable general rules and regulations as will best serve to promote communicable dise…
Neb. Rev. Stat. § 71-502.01 Sexually transmitted diseases; enumerated.
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Sexually transmitted diseases are declared to be contagious, infectious, communicable, and dangerous to the public health. Sexually transmitted diseases shall include, but not be limited to, syphilis, gonorrhea, chancroid, and such other sexually transmitted diseases as the Depar…
Neb. Rev. Stat. § 71-502.02 Sexually transmitted diseases; rules and regulations.
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The Department of Health and Human Services shall adopt and promulgate such rules and regulations as shall, in its judgment, be necessary to control and suppress sexually transmitted diseases.
Neb. Rev. Stat. § 71-502.03 Pregnant women; subject to syphilis tests; declination; fee; human immunodeficiency virus infection test; declination.
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(1) Subject to subsection (2) of this section, every physician, or other person authorized by law to practice obstetrics, who is attending a pregnant woman in the state for conditions relating to her pregnancy during the period of gestation or at delivery shall take, or shall dir…
Neb. Rev. Stat. § 71-502.04 Laboratory; test results; notification required.
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Any person who is in charge of a clinical laboratory in which a laboratory examination of any specimen derived from the human body yields microscopical, cultural, immunological, serological, or other evidence of disease, illness, or poisoning as the Department of Health and Human…
Neb. Rev. Stat. § 71-502.05 Pregnant women; syphilis test; cost; paid from Medicaid Managed Care Excess Profit Fund, when.
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It is the intent of the Legislature that the cost of a serological test for syphilis pursuant to section 71-502.03 for an individual covered under the Medical Assistance Act, when such test was not covered under the act prior to September 3, 2025, shall be paid from the Medicaid …
Neb. Rev. Stat. § 71-503 Contagious, infectious, or other disease or illness; poisoning; duty of attending physician; violation; penalty.
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All attending physicians shall report to the official local health department or the Department of Health and Human Services promptly, upon the discovery thereof, the existence of any contagious or infectious diseases and such other disease, illness, or poisoning as the Departmen…
Neb. Rev. Stat. § 71-503.01 Reports required; confidentiality; limitations on use; immunity.
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(1) Whenever any statute of the state, any ordinance or resolution of a municipal corporation or political subdivision enacted pursuant to statute, or any rule or regulation of an administrative agency adopted and promulgated pursuant to statute allows medical practitioners or ot…
Neb. Rev. Stat. § 71-503.02 Chlamydia, gonorrhea, or trichomoniasis; prescription oral antibiotic drugs; powers of medical professionals; restrictions.
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If a physician, a physician assistant, a nurse practitioner, or a certified nurse midwife licensed under the Uniform Credentialing Act diagnoses a patient as having chlamydia, gonorrhea, or trichomoniasis, the physician may prescribe, provide drug samples of, or dispense pursuant…
Neb. Rev. Stat. § 71-503.03 Chlamydia or gonorrhea; prescription oral antibiotic drugs; rules and regulations.
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The Department of Health and Human Services may adopt and promulgate rules and regulations to carry out section 71-503.02.
Neb. Rev. Stat. § 71-504 Sexually transmitted diseases; minors; treatment without consent of parent; expenses.
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The chief medical officer as designated in section 81-3115, or local director of health, if a physician, or his or her agent, or any physician, upon consultation by any person as a patient, shall, with the consent of such person who is hereby granted the right of giving such cons…
Neb. Rev. Stat. § 71-505 Department of Health and Human Services; public health; duties; fees.
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(1) The Department of Health and Human Services shall secure and maintain in all parts of the state an official record and notification of reportable diseases, illnesses, or poisonings, provide popular literature upon the different branches of public health and distribute the sam…
Neb. Rev. Stat. § 71-506 Violations; penalty; enforcement.
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Any person violating any of the provisions of sections 71-501 to 71-505, 71-507 to 71-513, or 71-514.01 to 71-514.05 or section 71-531 shall be guilty of a Class V misdemeanor for each offense, except that any person who willfully or maliciously discloses, except as provided by l…
Neb. Rev. Stat. § 71-507 Terms, defined.
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For purposes of sections 71-507 to 71-513: (1) Alternate facility means a facility other than a health care facility that receives a patient transported to the facility by an emergency services provider; (2) Department means the Department of Health and Human Services; (3) Design…
Neb. Rev. Stat. § 71-508 Exposure to infectious disease or condition; form; department; duties.
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The department shall prescribe a form for use by the emergency services provider to notify the health care facility or alternate facility and the designated physician that the provider believes he or she has had a significant exposure to an infectious disease or condition. The fo…
Neb. Rev. Stat. § 71-509 Health care facility or alternate facility; emergency services provider; significant exposure; completion of form; reports required; tests; notification; costs.
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(1) If a health care facility or alternate facility determines that a patient treated or transported by an emergency services provider has been diagnosed or detected with an infectious airborne disease, the health care facility or alternate facility shall notify the department as…
Repealed. Laws 2007, LB 463, § 1319.
Neb. Rev. Stat. § 71-510 Emergency services provider; public safety official; significant exposure; testing; conditions.
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(1) The patient or individual shall be informed that he or she has the right to consent to the test for presence of an infectious disease or condition and that if the patient or individual refuses the test, such refusal will be communicated to the emergency services provider or p…
Repealed. Laws 1997, LB 138, § 57.
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[Repealed or reserved.]
Repealed. Laws 1997, LB 138, § 57.
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[Repealed or reserved.]
Repealed. Laws 1997, LB 138, § 57.
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[Repealed or reserved.]
Repealed. Laws 1997, LB 138, § 57.
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[Repealed or reserved.]
Repealed. Laws 1997, LB 138, § 57.
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[Repealed or reserved.]