Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Neb. Rev. Stat. § 71-6207.01 Credentialing, defined.
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Credentialing shall mean the process of regulating health professions by means of registration, certification, or licensure.
Neb. Rev. Stat. § 71-6207.02 Directed review, defined.
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Directed review shall mean a review conducted pursuant to section 71-6223.02 in which (1) there is no applicant group or application, (2) the duty of the committee is to formulate an initial proposal on the issues subject to review, and (3) the duty of the board and the director …
Neb. Rev. Stat. § 71-6208 Director, defined.
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Director shall mean the Director of Public Health of the Division of Public Health of the Department of Health and Human Services.
Neb. Rev. Stat. § 71-6208.01 Division, defined.
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Division shall mean the Division of Public Health of the Department of Health and Human Services.
Neb. Rev. Stat. § 71-6209 Grandfather clause, defined.
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Grandfather clause shall mean a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set…
Repealed. Laws 1985, LB 42, § 27.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-6210 Health profession, defined.
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Health profession shall mean a vocation involving health services, health-related services, or environmental services requiring specialized knowledge and training. Health profession does not include the vocation of duly recognized members of the clergy acting in their ministerial…
Neb. Rev. Stat. § 71-6211 Health professional group not previously regulated, defined.
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Health professional group not previously regulated shall mean those persons or groups who are not currently licensed or otherwise regulated under the Uniform Credentialing Act, who are determined by the director to be qualified by training, education, or experience to perform the…
Neb. Rev. Stat. § 71-6212 Inspection, defined.
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Inspection shall mean the periodic examination of practitioners by a state agency in order to ascertain whether the practitioner's occupation is being carried out in a manner consistent with the public health, safety, and welfare.
Neb. Rev. Stat. § 71-6213 License, licensing, or licensure, defined.
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License, licensing, or licensure shall mean permission to engage in a health profession which would otherwise be unlawful in this state in the absence of such permission and which is granted to individuals who meet prerequisite qualifications and allows them to perform prescribed…
Neb. Rev. Stat. § 71-6214 Professional license, defined.
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Professional license shall mean an individual nontransferable authorization to work in a health profession based on qualifications which include graduation from an accredited or approved program and acceptable performance on a qualifying examination or series of examinations.
Neb. Rev. Stat. § 71-6215 Practitioner, defined.
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Practitioner shall mean an individual who has achieved knowledge and skill by the practice of a specified health profession and is actively engaged in such profession.
Neb. Rev. Stat. § 71-6216 Public member, defined.
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Public member shall mean an individual who is not, and never was, a member of the health profession being regulated, the spouse of a member, or an individual who does not have and never has had a material financial interest in the health profession being regulated or an activity …
Neb. Rev. Stat. § 71-6217 Registration, defined.
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Registration shall mean the formal notification which, prior to rendering services, a practitioner submits to a state agency setting forth the name and address of the practitioner, the location, nature, and operation of the health activity to be practiced, and such other informat…
Neb. Rev. Stat. § 71-6218 Regulated health professions, defined.
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Regulated health professions shall mean those persons or groups who are currently licensed or otherwise regulated under the Uniform Credentialing Act, who are qualified by training, education, or experience to perform the functions prescribed in this section, and whose principal …
Neb. Rev. Stat. § 71-6219 Regulatory entity, defined.
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Regulatory entity shall mean any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
Neb. Rev. Stat. § 71-6219.01 Review body, defined.
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Review body shall mean the committee, the board, or the director charged with reviewing applications for new credentialing or change in scope of practice.
Repealed. Laws 1985, LB 42, § 27.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-6220 State agency, defined.
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State agency shall include every state office, department, board, commission, regulatory entity, and agency of the state and, when provided specifically by law to be a state agency for purposes of this section, programs and activities involving less than the full responsibility o…
Neb. Rev. Stat. § 71-6220.01 Welfare, defined.
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Welfare shall include the ability of the public to achieve ready access to high quality health care services at reasonable costs.
Neb. Rev. Stat. § 71-6221 Regulation of health profession; change in scope of practice; when.
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(1) A health profession shall be regulated by the state only when: (a) Unregulated practice can clearly harm or endanger the health, safety, or welfare of the public; (b) Regulation of the health profession does not impose significant new economic hardship on the public, signific…
Neb. Rev. Stat. § 71-6222 Least restrictive method of regulation; how implemented.
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After evaluating the criteria in sections 71-6221 to 71-6223 and considering governmental and societal costs and benefits, if the Legislature finds that it is necessary to regulate a health profession not previously regulated by law, the least restrictive alternative method of re…
Neb. Rev. Stat. § 71-6223 Letter of intent; application; contents.
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(1) An applicant group shall submit a letter of intent to file an application to the director on forms prescribed by the director. The letter of intent shall identify the applicant group, the proposed regulation or change in scope of practice sought, and information sufficient fo…
Neb. Rev. Stat. § 71-6223.01 Application fee; disposition; waiver.
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Each application shall be accompanied by an application fee of five hundred dollars to be submitted at the time the letter of intent is filed. The division shall remit all application fees to the State Treasurer for credit to the Professional and Occupational Credentialing Cash F…
Neb. Rev. Stat. § 71-6223.02 Directed review; initiation; procedure; report.
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At any time the director and the chairperson may initiate a directed review or the chairperson in consultation with the members of the Health and Human Services Committee of the Legislature may initiate a directed review. The purpose of a directed review is to determine the advis…
Neb. Rev. Stat. § 71-6224 Technical committee; appointment; membership; meetings; duties.
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(1) The director with the advice of the board shall appoint an appropriate technical committee to examine and investigate each application. The committee shall consist of six appointed members and one member of the board designated by the board who shall serve as chairperson of t…
Neb. Rev. Stat. § 71-6225 Board; review technical committee report; report to director.
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The board shall receive reports from the technical committees and shall meet to review and discuss each report. The board shall apply the criteria established in sections 71-6221 to 71-6223 and compile its own report, including its findings and recommendations, and submit such re…
Neb. Rev. Stat. § 71-6226 Director; prepare final report; recommendations.
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(1) After receiving and considering reports from the committee or the board, the director shall prepare a final report for the Legislature. The final report shall include copies of the committee report and the board report, if any, but the director shall not be bound by the findi…
Neb. Rev. Stat. § 71-6227 Rules and regulations; professional and clerical services; expenses.
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(1) The director may, with the advice of the board, adopt and promulgate rules and regulations necessary to carry out the Nebraska Regulation of Health Professions Act. (2) The director shall provide all necessary professional and clerical services to assist the committees and th…
Repealed. Laws 2012, LB 834, § 23.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-6229 Act, how construed.
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Nothing in the Nebraska Regulation of Health Professions Act shall apply to the practice of the religious tenets of any recognized church or religious denomination which includes healing solely by spiritual means through prayer.
Repealed. Laws 1985, LB 42, § 27.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 536, § 128.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 42, § 27.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 42, § 27.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-626 Adoptive birth certificate; adoption decree; court; report of adoption; contents.
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(1) For each adoption of a Nebraska-born or foreign-born person decreed by any court of this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the department. The report shall (a) include the original name, date, and plac…
Neb. Rev. Stat. § 71-626.01 Adopted person; new birth certificate; conditions; contents; rules and regulations.
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(1) The department shall establish a new certificate of birth for a person born in the State of Nebraska whenever it receives any of the following: (a) A report of adoption as provided in section 71-626 on a form supplied by the department or a certified copy of the decree of ado…
Neb. Rev. Stat. § 71-627 Adoptive birth certificates; filing; copies; issuance.
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(1) The certificate of birth of adopted children shall be filed as other certificates of birth. The department shall charge and collect the same fee as prescribed in subsection (1) of section 71-612 for each certificate filed. All such fees shall be remitted to the State Treasure…
Neb. Rev. Stat. § 71-627.01 Adoptive birth certificate; decree of adoption of child born in another state; notice of entry of decree.
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Whenever a decree of adoption is entered in any court of competent jurisdiction in the State of Nebraska, as to a child born in another state, the judge of the court in which such decree is entered shall, on forms to be furnished by the department, notify the agency having author…
Neb. Rev. Stat. § 71-627.02 Adoption of foreign-born person; birth certificate; contents.
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Upon receipt of a Report of Adoption or a certified copy of a decree of adoption issued by any court of competent jurisdiction in the State of Nebraska as to any foreign-born person, the department shall prepare a birth certificate in the new name of the adopted person. The birth…
Neb. Rev. Stat. § 71-628 Children born out of wedlock; birth certificate; issuance; when authorized.
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In case of the legitimation of any child born in Nebraska by the subsequent marriage of such child's parents as provided in section 43-1406, the department, upon the receipt of a certified copy of the marriage certificate or abstract of marriage of the parents and a statement of …
Neb. Rev. Stat. § 71-629 Children born out of wedlock; legitimized; birth certificate; copies; issuance; inspection; when authorized.
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A certified copy or copies of the certificate of birth of any such legitimized child may be furnished upon request by the department. The evidence upon which the new certificate is made may be furnished upon request to a parent of such legitimized child or to the legitimized chil…
Neb. Rev. Stat. § 71-630 Birth or death certificate; erroneous or incomplete; correction; department; duties.
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(1) A birth or death certificate filed with the department may be amended only in accordance with this section and sections 71-635 to 71-644 and rules and regulations adopted pursuant thereto by the department as necessary and proper to protect the integrity and accuracy of recor…
Neb. Rev. Stat. § 71-6301 Terms, defined.
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For purposes of the Asbestos Control Act, unless the context otherwise requires: (1) Asbestos means asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite; (2) Asbestos encapsulation project means activities which include the coating o…
Neb. Rev. Stat. § 71-6302 Asbestos project; business entity; license required; exceptions; training course.
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Except as otherwise provided in this section or section 71-6309, a business entity shall not engage in an asbestos project unless the business entity holds a license for that purpose. A business entity which (1) only performs asbestos projects which are less than two hundred sixt…
Neb. Rev. Stat. § 71-6303 Administration of act; rules and regulations; fees; department; powers and duties.
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(1) The department shall administer the Asbestos Control Act. (2) The department shall adopt and promulgate rules and regulations necessary to carry out the act. The department shall adopt state standards governing asbestos projects and may adopt or incorporate part or all of any…
Neb. Rev. Stat. § 71-6304 Business entity; license; qualifications.
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To qualify for a license, a business entity shall: (1) Own or demonstrate immediate and continuing access to and maintain in operable condition modern and effective equipment, as prescribed by the department, which is designed for use in asbestos projects; (2) Ensure that each em…
Neb. Rev. Stat. § 71-6305 License; application; contents.
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(1) To apply for a license, a business entity shall submit an application to the department in the form required by the department and shall pay the fee prescribed by the department. (2) The application shall include, but not be limited to: (a) The name, address, and nature of th…
Neb. Rev. Stat. § 71-6306 License; term; renewal.
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(1) A license of a business entity shall expire on the first anniversary of its effective date unless it is renewed for one year as provided in this section. (2) At least thirty days before the license expires, the department shall send to the licensee at his or her last-known ad…
Neb. Rev. Stat. § 71-6307 Licensee or business entity; records required; contents.
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The licensee or a business entity, whether excepted from the requirements for licensure by section 71-6302 or whether operating under a waiver, shall keep a record of each asbestos project and shall make the record available to the department at any reasonable time. All such reco…