Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Neb. Rev. Stat. § 71-8701 Act, how cited.
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Sections 71-8701 to 71-8722 shall be known and may be cited as the Patient Safety Improvement Act.
Neb. Rev. Stat. § 71-8702 Legislative findings and intent.
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(1) The Legislature finds that: (a) In 1999, the Institute of Medicine released a report entitled "To Err is Human" that described medical errors as the eighth leading cause of death in the United States; (b) To address these errors, the health care system must be able to create …
Neb. Rev. Stat. § 71-8703 Purposes of act.
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The purposes of the Patient Safety Improvement Act are to (1) encourage a culture of safety and quality by providing for legal protection of information reported for the purposes of quality improvement and patient safety, (2) provide for the reporting of aggregate information abo…
Neb. Rev. Stat. § 71-8704 Definitions, where found.
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For purposes of the Patient Safety Improvement Act, unless the context otherwise requires, the definitions found in sections 71-8705 to 71-8709 apply.
Neb. Rev. Stat. § 71-8705 Identifiable information, defined.
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Identifiable information means information that is presented in a form and manner that allows the identification of any provider, patient, or reporter of patient safety work product. With respect to patients, such information includes any individually identifiable health informat…
Neb. Rev. Stat. § 71-8706 Nonidentifiable information, defined.
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Nonidentifiable information means information presented in a form and manner that prevents the identification of any provider, patient, or reporter of patient safety work product. With respect to patients, such information must be de-identified consistent with the regulations pro…
Neb. Rev. Stat. § 71-8707 Patient safety organization, defined.
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Patient safety organization means an organization described in section 71-8714 that contracts with one or more providers subject to the Patient Safety Improvement Act and that performs the following activities: (1) The conduct, as the organization's primary activity, of efforts t…
Neb. Rev. Stat. § 71-8708 Patient safety work product, defined.
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(1) Patient safety work product means any data, reports, records, memoranda, analyses, deliberative work, statements, root cause analyses, or quality improvement processes that are: (a) Created or developed by a provider solely for the purposes of reporting to a patient safety or…
Neb. Rev. Stat. § 71-8709 Provider, defined.
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Provider means a person that is either: (1) A facility licensed under the Health Care Facility Licensure Act; or (2) A health care professional licensed under the Uniform Credentialing Act.
Neb. Rev. Stat. § 71-8710 Patient safety work product; confidentiality; use; restrictions.
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(1) Patient safety work product shall be privileged and confidential. (2) Patient safety work product shall not be: (a) Subject to a civil, criminal, or administrative subpoena or order; (b) Subject to discovery in connection with a civil, criminal, or administrative proceeding; …
Neb. Rev. Stat. § 71-8711 Patient safety organization; proceedings and records; restrictions on use; violation; penalty.
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No person shall disclose the actions, decisions, proceedings, discussions, or deliberations occurring at a meeting of a patient safety organization except to the extent necessary to carry out one or more of the purposes of a patient safety organization. The proceedings and record…
Neb. Rev. Stat. § 71-8712 Patient safety work product; unlawful use; effect.
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Any reference to, or offer into evidence in the presence of the jury or other factfinder or admission into evidence of, patient safety work product during any proceeding contrary to the Patient Safety Improvement Act shall constitute grounds for a mistrial or a similar terminatio…
Neb. Rev. Stat. § 71-8713 Act; cumulative to other law.
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The prohibition in the Patient Safety Improvement Act against discovery, disclosure, or admission into evidence of patient safety work product is in addition to any other protections provided by law.
Neb. Rev. Stat. § 71-8714 Patient safety organization; conditions.
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A patient safety organization shall meet the following conditions: (1) It shall be a Nebraska nonprofit corporation described in section 501(c)(3) of the Internal Revenue Code as defined in section 49-801.01, contributions to which are deductible under section 170 of the code; (2…
Neb. Rev. Stat. § 71-8715 Patient safety organization; board of directors; membership.
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The board of directors of a patient safety organization shall include at least one representative each from a statewide association of Nebraska hospitals, Nebraska physicians and surgeons, Nebraska nurses, Nebraska pharmacists, and Nebraska physician assistants as recommended by …
Neb. Rev. Stat. § 71-8716 Election to be subject to act; contract; requirements.
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(1) A patient safety organization shall contract with providers that elect to be subject to the Patient Safety Improvement Act. The patient safety organization shall establish a formula for determining fees and assessments uniformly within categories of providers. (2) A provider …
Neb. Rev. Stat. § 71-8717 Reportable patient safety events; provider; duties.
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(1) Every provider subject to the Patient Safety Improvement Act shall track and report pursuant to section 71-8718 the following occurrences of patient safety events: (a) Surgery or procedures performed on the wrong patient or the wrong body part of a patient; (b) Foreign object…
Neb. Rev. Stat. § 71-8718 Reporting requirements.
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(1) Every provider subject to the Patient Safety Improvement Act shall report aggregate numbers of occurrences for each patient safety event category listed in section 71-8717 to a patient safety organization. Reporting shall be done on an annual basis by March 31 for the prior c…
Neb. Rev. Stat. § 71-8719 Nonidentifiable information; disclosure.
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A patient safety organization may disclose nonidentifiable information, including nonidentifiable aggregate trend data and educational material developed as a result of the patient safety work product reported to it.
Neb. Rev. Stat. § 71-8720 Public disclosure of data and information.
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A patient safety organization shall release to the public nonidentifiable aggregate trend data identifying the number and types of patient safety events that occur. A patient safety organization shall publish educational and evidence-based information from the summary reports, wh…
Neb. Rev. Stat. § 71-8721 Immunity from liability.
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Any person who receives or releases information in the form and manner prescribed by the Patient Safety Improvement Act and the procedures established by a patient safety organization shall not be civilly or criminally liable for such receipt or release unless the receipt or rele…
Neb. Rev. Stat. § 71-8722 Patient Safety Cash Fund; created; use; investment.
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The Patient Safety Cash Fund is created. The Patient Safety Cash Fund shall only be used to support the activities of a patient safety organization. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital E…
Neb. Rev. Stat. § 71-8801 Act, how cited.
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Sections 71-8801 to 71-8806 shall be known and may be cited as the Stem Cell Research Act.
Neb. Rev. Stat. § 71-8802 Terms, defined.
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For purposes of the Stem Cell Research Act: (1) Committee means the Stem Cell Research Advisory Committee; (2) Human embryo means the developing human organism from the time of fertilization until the end of the eighth week of gestation and includes an embryo or developing human …
Neb. Rev. Stat. § 71-8803 Stem Cell Research Advisory Committee; created; qualifications; terms; meetings; stipend; expenses.
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(1) The Stem Cell Research Advisory Committee is created. The committee shall consist of the dean of every medical school in Nebraska that is accredited by the Liaison Committee on Medical Education or his or her designee and additional members appointed as follows: (a) The dean …
Neb. Rev. Stat. § 71-8804 Committee; establish grant process; reports.
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(1) The committee shall establish a grant process to award grants to Nebraska institutions or researchers for the purpose of conducting nonembryonic stem cell research. The grant process shall include, but not be limited to, an application identifying the institution or researche…
Neb. Rev. Stat. § 71-8805 Stem Cell Research Program; created.
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(1) The Stem Cell Research Program is created. (2) Any money appropriated by the Legislature for the Stem Cell Research Program shall be used to provide a dollar-for-dollar match, up to five hundred thousand dollars per fiscal year, of funds received by institutions or researcher…
Neb. Rev. Stat. § 71-8806 Limitation on use of facilities and funds.
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No state facilities, no state funds, fees, or charges, and no investment income on state funds shall be used to destroy human embryos for the purpose of research. In no case shall state facilities, state funds, fees, or charges, or investment income on state funds be used to crea…
Neb. Rev. Stat. § 71-8901 Act, how cited.
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Sections 71-8901 to 71-8929 shall be known and may be cited as the Veterinary Drug Distribution Licensing Act.
Neb. Rev. Stat. § 71-8902 Purpose of act.
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The purpose of the Veterinary Drug Distribution Licensing Act is to protect the public health, safety, and welfare by providing for the authorization and licensure of veterinary drug distributors in the State of Nebraska and for the development, establishment, and enforcement of …
Neb. Rev. Stat. § 71-8903 Definitions, where found.
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For purposes of the Veterinary Drug Distribution Licensing Act, the definitions found in sections 71-8904 to 71-8911 shall apply.
Neb. Rev. Stat. § 71-8904 Controlled substance, defined.
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Controlled substance has the definition found in section 28-401.
Neb. Rev. Stat. § 71-8905 Department, defined.
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Department means the Division of Public Health of the Department of Health and Human Services.
Neb. Rev. Stat. § 71-8906 Distribution, defined.
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(1) Distribution means the act of receiving orders, possessing, warehousing, and record keeping related to the sale and delivery of veterinary legend drugs. (2) Distribution does not include (a) intracompany sales of veterinary legend drugs, including any transaction or transfer …
Neb. Rev. Stat. § 71-8907 Human legend drug, defined.
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Human legend drug means any drug labeled for human use and required by federal law or regulation to be dispensed pursuant to a prescription, including finished dosage forms and active ingredients. Human legend drug does not include a device or a device component, part, or accesso…
Neb. Rev. Stat. § 71-8908 Veterinarian-client-patient relationship, defined.
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Veterinarian-client-patient relationship means a relationship pursuant to which (1) a veterinarian has assumed the responsibility for making clinical judgments regarding the health of an animal and the need for medical treatment and the client has agreed to follow the veterinaria…
Neb. Rev. Stat. § 71-8909 Veterinary drug distributor, defined.
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Veterinary drug distributor means any person or entity that engages in the distribution of veterinary legend drugs in the State of Nebraska other than a pharmacy or a veterinarian licensed under the Uniform Credentialing Act acting within the scope of practice of veterinary medic…
Neb. Rev. Stat. § 71-8910 Veterinary drug order, defined.
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Veterinary drug order means a lawful order or prescription of a veterinarian licensed to practice in this state issued pursuant to a bona fide veterinarian-client-patient relationship. For purposes of the Veterinary Drug Distribution Licensing Act, a veterinary drug order expires…
Neb. Rev. Stat. § 71-8911 Veterinary legend drug, defined.
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Veterinary legend drug means a drug which under federal law is required, prior to being distributed, to be labeled with the following statement: "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian.".
Neb. Rev. Stat. § 71-8912 License required; exception.
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No person or entity shall distribute, sell, or offer for sale any veterinary legend drug in this state without first obtaining a license issued by the department under the Veterinary Drug Distribution Licensing Act, except that a veterinarian licensed under the Veterinary Medicin…
Neb. Rev. Stat. § 71-8913 Veterinary drug distributor license; application; contents; authority.
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(1) Any person or entity that acts as a veterinary drug distributor in this state shall obtain a veterinary drug distributor license from the department prior to engaging in distribution of veterinary legend drugs in or into this state. (2) An applicant for an initial or renewal …
Neb. Rev. Stat. § 71-8914 Written policies and procedures required.
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A veterinary drug distributor shall establish, maintain, and adhere to written policies and procedures for the receipt, storage, security, inventory, and distribution of veterinary legend drugs, including policies and procedures for identifying, recording, and reporting destructi…
Neb. Rev. Stat. § 71-8915 Provisional license conditions.
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To enable the establishment of distribution of veterinary legend drugs in this state, the department may issue a provisional license on or before July 1, 2009, to any applicant who meets the following conditions: (1) The applicant has not been found to have committed any of the a…
Neb. Rev. Stat. § 71-8916 Department; waiver of requirements.
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The department may waive requirements under sections 71-8912 to 71-8915 upon proof satisfactory to the department that such requirements are duplicative of other requirements of Nebraska laws, rules, or regulations and that the granting of such waiver will not endanger the public…
Neb. Rev. Stat. § 71-8917 License; denied; disciplinary actions; grounds; department; duties.
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(1) A veterinary drug distributor license may be denied, refused renewal, suspended, limited, or revoked by the Director of Public Health if he or she finds that the applicant or licensee; the designated representative; the owner if a sole proprietorship; or any person having an …
Neb. Rev. Stat. § 71-8918 Fees.
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(1) An applicant for an initial or renewal license under the Veterinary Drug Distribution Licensing Act shall pay a license fee as provided in this section. (2) License fees shall include (a) a base fee of fifty dollars and (b) an additional fee of not more than five hundred doll…
Neb. Rev. Stat. § 71-8919 License; expiration; renewal.
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A veterinary drug distributor license shall expire on July 1 of each odd-numbered year and may be renewed. The license shall not be transferable. The department shall mail an application for renewal to each licensee not later than May 15 of the year the license expires. If an app…
Neb. Rev. Stat. § 71-8920 Inspections; fees; compliance with act.
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(1) Except as otherwise provided in section 71-8915, each veterinary drug distributor transacting commerce in this state shall be inspected by the department prior to the issuance of an initial or renewal license by the department under the Veterinary Drug Distribution Licensing …
Neb. Rev. Stat. § 71-8921 Records; available to department.
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(1) A veterinary drug distributor transacting commerce in this state shall establish and maintain accurate records of all transactions regarding the receipt and distribution or other disposition of veterinary legend drugs as provided in the Veterinary Drug Distribution Licensing …
Neb. Rev. Stat. § 71-8922 Distribution of veterinary legend drugs; authorized; applicability of labeling provisions.
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A veterinary drug distributor may distribute veterinary legend drugs to: (1) A licensed veterinarian or to another veterinary drug distributor subject to the requirements of section 71-8921; and (2) A layperson responsible for the control of an animal if: (a) A licensed veterinar…