Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Neb. Rev. Stat. § 71-9508 Direct provider; direct service charges; acceptance of payments.
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A direct provider may accept payment of direct service charges directly or indirectly from third parties. A direct provider may accept all or part of a direct service charge paid by an employer on behalf of an employee who is a direct patient. A direct provider shall not enter in…
Neb. Rev. Stat. § 71-9509 Direct agreement; sale or transfer; written consent.
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A direct agreement shall not be sold or transferred by either party without the written consent of the other party to the direct agreement.
Neb. Rev. Stat. § 71-951 Mental health board hearings; closed to public; exception; where conducted.
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All mental health board hearings under the Nebraska Mental Health Commitment Act shall be closed to the public except at the request of the subject and shall be held in a courtroom or at any convenient and suitable place designated by the mental health board. The board shall have…
Neb. Rev. Stat. § 71-9510 Direct provider; acceptance of payments from medical assistance program.
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Subject to the restrictions established in the Direct Primary Care Agreement Act, a direct provider may accept payment of direct service charges directly or indirectly from the medical assistance program under the Medical Assistance Act or any entity contracting with the State of…
Neb. Rev. Stat. § 71-9511 Direct provider; primary care services; payment.
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A direct provider may provide primary care services to a patient who is not a party to a direct agreement with that provider and may receive payment for the services.
Neb. Rev. Stat. § 71-952 Subject's rights; appear and testify; present witnesses and evidence.
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A subject shall appear personally or by videoconferencing and be afforded the opportunity to testify in his or her own behalf and to present witnesses and tangible evidence in defending against the petition at the hearing.
Neb. Rev. Stat. § 71-953 Subject's rights; compulsory process to obtain testimony of witnesses.
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A subject shall be entitled to compulsory process to obtain the testimony of witnesses in his or her favor.
Neb. Rev. Stat. § 71-954 Subject's rights; confront and cross-examine adverse witnesses and evidence.
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(1) Except as provided in subsection (2) of this section, a subject shall have the right at a hearing held under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act to confront and cross-examine adverse witnesses and evidence equivalent to the rights of c…
Neb. Rev. Stat. § 71-955 Hearings; rules of evidence applicable.
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The rules of evidence applicable in civil proceedings shall apply at all hearings held under the Nebraska Mental Health Commitment Act. In no event shall evidence be considered which is inadmissible in criminal proceedings.
Neb. Rev. Stat. § 71-956 Subject's rights; written statements; contents.
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A subject shall be entitled to written statements by the mental health board as to the evidence relied on and reasons (1) for finding clear and convincing evidence at the subject's hearing that he or she is mentally ill and dangerous or a dangerous sex offender and that neither v…
Neb. Rev. Stat. § 71-957 Proceedings shall be of record; reporter; expenses and fees.
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All proceedings held under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act shall be of record, and all oral proceedings shall be reported verbatim by either a qualified shorthand reporter or by tape-recording equipment equivalent in quality to that re…
Neb. Rev. Stat. § 71-958 Qualified mental health professional; provide medical treatment to subject; when.
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Any qualified mental health professional, upon being authorized by the administrator of the facility or jail having custody of the subject, may provide appropriate medical treatment for the subject while in custody, except that a subject shall not be subjected to such quantities …
Neb. Rev. Stat. § 71-959 Subject in custody or receiving treatment; rights; enumerated.
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A subject in custody or receiving treatment under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act has the right: (1) To be considered legally competent for all purposes unless he or she has been declared legally incompetent. The mental health board sh…
Neb. Rev. Stat. § 71-960 Subject; waive rights; manner.
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A subject may waive any of the proceedings or rights incident to proceedings granted him or her under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act by failing to request any right expressly required to be requested but, in the case of all other such…
Neb. Rev. Stat. § 71-9601 Act, how cited.
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Sections 71-9601 to 71-9611 shall be known and may be cited as the Investigational Drug Use Act.
Neb. Rev. Stat. § 71-9602 Terms, defined.
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For purposes of the Investigational Drug Use Act: (1) Advanced illness means any progressive disease or medical or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with administration of federa…
Neb. Rev. Stat. § 71-9603 Eligible patient.
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To be an eligible patient under the Investigational Drug Use Act, a person shall: (1) Have an advanced illness, attested by the person's treating physician; (2) Have considered all other treatment options approved by the United States Food and Drug Administration at the time; (3)…
Neb. Rev. Stat. § 71-9604 Written informed consent; contents.
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To be acceptable under the Investigational Drug Use Act, a written, informed consent shall consist of a signed writing executed by an eligible patient, or his or her parent or legal guardian if the eligible patient is a minor, and attested to by the eligible patient's treating ph…
Neb. Rev. Stat. § 71-9605 Manufacturer of investigational drug, biological product, or device; powers.
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A manufacturer of an investigational drug, biological product, or device may make the treatment available pursuant to the Investigational Drug Use Act. An eligible patient may request the manufacturer's investigational drug, biological product, or device for treatment pursuant to…
Neb. Rev. Stat. § 71-9606 Manufacturer; provide without compensation.
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A manufacturer may provide an investigational drug, biological product, or device to an eligible patient without receiving compensation.
Neb. Rev. Stat. § 71-9607 Death of patient; effect on debt.
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If an eligible patient dies while being treated by an investigational drug, biological product, or device, the manufacturer may not seek reimbursement for any outstanding debt related to the treatment or lack of insurance due to the treatment from the eligible patient's or his or…
Neb. Rev. Stat. § 71-9608 Good-faith recommendation; effect on discipline or adverse licensure action.
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A good-faith recommendation to an eligible patient regarding access to treatment with an investigational drug, biological product, or device shall not subject the health care provider to discipline or an adverse licensure action. This section does not preclude any penalties under…
Neb. Rev. Stat. § 71-9609 Treating physician.
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A treating physician while acting in good faith in the course of his or her professional practice as authorized by the Investigational Drug Use Act may not be subject to arrest, prosecution, penalty, or denial of any right or privilege granted otherwise.
Neb. Rev. Stat. § 71-961 Subject's records; confidential; exceptions.
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(1) All records kept on any subject shall remain confidential except as otherwise provided by law. Such records shall be accessible to (a) the subject, except as otherwise provided in subsection (2) of this section, (b) the subject's legal counsel, (c) the subject's guardian or c…
Neb. Rev. Stat. § 71-9610 Official, employee, or agent of the state.
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No official, employee, or agent of this state may block or attempt to block an eligible patient's access to an investigational drug, biological product, or device. Counseling, advice, or recommendations consistent with medical standards of care from a licensed health care provide…
Neb. Rev. Stat. § 71-9611 No private cause of action created.
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The Investigational Drug Use Act does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against another person or entity involved in the care of an eligible patient using the investigational drug, biological p…
Neb. Rev. Stat. § 71-962 Violations; penalty.
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Any person who willfully (1) files or causes to be filed a certificate or petition under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act, knowing any of the allegations thereof to be false, (2) deprives a subject of any of the rights granted the subje…
Neb. Rev. Stat. § 71-963 Firearm-related disabilities; petition to remove; mental health board; review hearing; evidence; decision; appeal; petition granted; effect.
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(1) Upon release from commitment or treatment, a person who, because of a mental health-related commitment or adjudication occurring under the laws of this state, is subject to the disability provisions of 18 U.S.C. 922(d)(4) and (g)(4) or is disqualified from obtaining a certifi…
Neb. Rev. Stat. § 71-964 Subject domiciled in Indian country; state recognition of tribal orders; commitment to treatment facility; procedure.
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(1) With respect to a subject domiciled in Indian country, the State of Nebraska recognizes tribal hold orders, commitment orders, and emergency protective custody orders to the same extent as those initiated by any county in the state or as otherwise provided in the Nebraska Men…