Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Repealed. Laws 2008, LB 395, §22.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 395, § 22.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 395, § 22.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 395, § 22.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 395, § 22.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 395, § 22.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 395, § 22.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 395, § 22.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 395, § 22.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-5714 Tobacco Prevention and Control Program; created.
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The Tobacco Prevention and Control Program is created as a comprehensive statewide tobacco-related public health program administered by the Department of Health and Human Services. The program includes, but is not limited to (1) community programs to reduce tobacco use, (2) chro…
Repealed. Laws 2009, LB 154, § 27.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-5716 Act, how cited.
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Sections 71-5716 to 71-5735 shall be known and may be cited as the Nebraska Clean Indoor Air Act.
Neb. Rev. Stat. § 71-5717 Purpose of act.
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The purpose of the Nebraska Clean Indoor Air Act is to protect the public health and welfare by prohibiting smoking in public places and places of employment with limited exceptions for guestrooms and suites, research, tobacco retail outlets, electronic smoking device retail outl…
Neb. Rev. Stat. § 71-5718 Definitions, where found.
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For purposes of the Nebraska Clean Indoor Air Act, the definitions found in sections 71-5718.01 to 71-5728 apply.
Neb. Rev. Stat. § 71-5718.01 Electronic smoking device, defined.
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Electronic smoking device means an electronic nicotine delivery system as defined in section 28-1418.01. The term includes any such device regardless of whether it is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under a…
Neb. Rev. Stat. § 71-5718.02 Electronic smoking device retail outlet, defined; persons allowed to enter; employees; age restrictions.
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(1) Electronic smoking device retail outlet means a store that: (a) Is licensed as provided under sections 28-1421 and 28-1422; (b) Sells electronic smoking devices and products directly related to electronic smoking devices; (c) Does not sell alcohol or gasoline; (d) Derives no …
Neb. Rev. Stat. § 71-5719 Employed, defined.
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Employed means hired, contracted, subcontracted, or otherwise engaged to furnish goods or services.
Neb. Rev. Stat. § 71-5720 Employee, defined.
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Employee means a person who is employed by an employer in consideration for direct or indirect monetary wages, profit, or other remuneration.
Neb. Rev. Stat. § 71-5721 Employer, defined.
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Employer means a person, nonprofit entity, sole proprietorship, partnership, joint venture, corporation, limited partnership, limited liability company, cooperative, firm, trust, association, organization, or other business entity, including retail establishments where goods or s…
Neb. Rev. Stat. § 71-5722 Guestroom or suite, defined.
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Guestroom or suite means a sleeping room and directly associated private areas, such as a bathroom, a living room, and a kitchen area, if any, rented to the public for their exclusive transient occupancy, including, but not limited to, a guestroom or suite in a hotel, motel, inn,…
Neb. Rev. Stat. § 71-5723 Indoor area, defined.
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Indoor area means an area enclosed by a floor, a ceiling, and walls on all sides that are continuous and solid except for closeable entry and exit doors and windows and in which less than twenty percent of the total wall area is permanently open to the outdoors. For walls in exce…
Neb. Rev. Stat. § 71-5724 Place of employment, defined.
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Place of employment means an indoor area under the control of a proprietor that an employee accesses as part of his or her employment without regard to whether the employee is present or work is occurring at any given time. The indoor area includes, but is not limited to, any wor…
Neb. Rev. Stat. § 71-5725 Proprietor, defined.
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Proprietor means any employer, owner, operator, supervisor, manager, or other person who controls, governs, or directs the activities in a place of employment or public place.
Neb. Rev. Stat. § 71-5726 Public place, defined.
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Public place means an indoor area to which the public is invited or in which the public is permitted, whether or not the public is always invited or permitted. A private residence is not a public place.
Neb. Rev. Stat. § 71-5727 Smoke or smoking, defined.
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Smoke or smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. The term includes the…
Neb. Rev. Stat. § 71-5728 Tobacco retail outlet, defined.
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Tobacco retail outlet means a store that sells only tobacco and products directly related to tobacco. Products directly related to tobacco do not include alcohol, coffee, soft drinks, candy, groceries, or gasoline.
Neb. Rev. Stat. § 71-5729 Smoking in place of employment or public place prohibited.
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Except as otherwise provided in section 71-5730, it is unlawful for any person to smoke in a place of employment or a public place.
Neb. Rev. Stat. § 71-5730 Exemptions; legislative findings; legislative intent.
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(1) The following indoor areas are exempt from section 71-5729: (a) Guestrooms and suites that are rented to guests and that are designated as smoking rooms, except that not more than twenty percent of rooms rented to guests in an establishment may be designated as smoking rooms.…
Neb. Rev. Stat. § 71-5731 Proprietor; duties.
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A proprietor of a place of employment or public place where smoking is prohibited under the Nebraska Clean Indoor Air Act shall take necessary and appropriate steps to ensure compliance with the act at such place.
Neb. Rev. Stat. § 71-5732 Department of Health and Human Services; local public health department; enjoin violations; retaliation prohibited; waiver of act.
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(1) The Department of Health and Human Services or a local public health department as defined in section 71-1626 may institute an action in any court with jurisdiction to enjoin a violation of the Nebraska Clean Indoor Air Act. Any interested party may report possible violations…
Neb. Rev. Stat. § 71-5733 Prohibited acts; penalties; act of employee or agent; how construed.
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(1) A person who smokes in a place of employment or a public place in violation of the Nebraska Clean Indoor Air Act is guilty of a Class V misdemeanor for the first offense and a Class IV misdemeanor for the second and any subsequent offenses. A person charged with such offense …
Neb. Rev. Stat. § 71-5734 Rules and regulations.
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The Department of Health and Human Services shall adopt and promulgate rules and regulations necessary to implement the Nebraska Clean Indoor Air Act. The department shall consult with interested persons and professional organizations before adopting such rules and regulations.
Neb. Rev. Stat. § 71-5735 Tobacco retail outlet; sign required; waiver signed by employee; form; owner; duties.
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(1) The owner of a tobacco retail outlet shall post a sign on all entrances to the tobacco retail outlet, on the outside of each door, in a conspicuous location slightly above or next to the door, with the following statement: SMOKING OF CIGARS AND PIPES IS ALLOWED INSIDE THIS BU…
Neb. Rev. Stat. § 71-5801 Act, how cited.
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Sections 71-5801 to 71-5870 shall be known and may be cited as the Nebraska Health Care Certificate of Need Act.
Repealed. Laws 1997, LB 798, § 39.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-5803 Definitions, where found.
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For purposes of the Nebraska Health Care Certificate of Need Act, unless the context otherwise requires, the definitions found in sections 71-5803.01 to 71-5803.15 shall be used.
Neb. Rev. Stat. § 71-5803.01 Acute care bed, defined.
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Acute care bed means a bed in a hospital that is or will be licensed under the Health Care Facility Licensure Act for acute care services or a bed that is part of a hospital or unit of a hospital that is excluded from the prospective payment system under Title XVIII of the federa…
Neb. Rev. Stat. § 71-5803.02 Ambulatory surgical center, defined.
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Ambulatory surgical center has the same meaning as in section 71-405.
Neb. Rev. Stat. § 71-5803.03 Certificate of need, defined.
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Certificate of need means a written authorization by the department for a person to implement the project under review.
Neb. Rev. Stat. § 71-5803.04 Department, defined.
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Department means the Department of Health and Human Services.
Neb. Rev. Stat. § 71-5803.05 Assisted-living facility, defined.
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Assisted-living facility has the same meaning as in section 71-5903.
Neb. Rev. Stat. § 71-5803.06 Health care facility, defined.
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Health care facility means hospitals, skilled nursing facilities, intermediate care facilities, and nursing facilities.
Neb. Rev. Stat. § 71-5803.07 Health planning region, defined.
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Health planning region means one of the twenty-six health planning regions established in the Nebraska State Health Plan, 1986-1991.
Neb. Rev. Stat. § 71-5803.08 Hospital, defined.
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Hospital has the same meaning as in section 71-419.
Neb. Rev. Stat. § 71-5803.09 Intermediate care facility, intermediate care facility for persons with developmental disabilities, defined.
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Intermediate care facility has the same meaning as in section 71-420 and includes an intermediate care facility for persons with developmental disabilities that has sixteen or more beds. Intermediate care facility for persons with developmental disabilities has the same meaning a…
Neb. Rev. Stat. § 71-5803.10 Long-term care bed, defined.
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Long-term care bed means a bed in a health care facility that is or will be licensed under the Health Care Facility Licensure Act as a skilled nursing facility, intermediate care facility, nursing facility, or long-term care hospital. Long-term care beds do not include residentia…
Neb. Rev. Stat. § 71-5803.11 Nursing facility, defined.
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Nursing facility has the same meaning as in section 71-424.
Neb. Rev. Stat. § 71-5803.12 Person, defined.
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Person means an individual, a trust or estate, a partnership, a limited liability company, a corporation, including associations, joint-stock companies, and insurance companies, a state, a political subdivision or instrumentality, including a municipal corporation, of a state, or…
Neb. Rev. Stat. § 71-5803.13 Rehabilitation bed, defined.
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Rehabilitation bed means a bed in a health care facility that is or will be licensed under the Health Care Facility Licensure Act if the bed is in an inpatient facility which is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an int…
Repealed. Laws 1997, LB 608, § 30.
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[Repealed or reserved.]