Chapter 71, PUBLIC HEALTH AND WELFARE
1,943 sections in this chapter.
Neb. Rev. Stat. § 71-1214 Treatment order of mental health board; appeal; final order of district court; appeal.
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The subject of a petition or the county attorney may appeal a treatment order of the mental health board under section 71-1209 to the district court. Such appeals shall be de novo on the record. A final order of the district court may be appealed to the Court of Appeals in accord…
Neb. Rev. Stat. § 71-1215 Treatment order; individualized treatment plan; contents; copy; filed; treatment; when commenced.
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(1) Any treatment order entered by a mental health board under section 71-1209 shall include directions for (a) the preparation and implementation of an individualized treatment plan for the subject and (b) documentation and reporting of the subject's progress under such plan. (2…
Neb. Rev. Stat. § 71-1216 Person responsible for subject's individualized treatment plan; periodic progress reports; copies; filed and served.
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The person or entity designated by the mental health board under section 71-1215 to prepare and oversee the subject's individualized treatment plan shall submit periodic reports to the mental health board of the subject's progress under such plan and any modifications to the plan…
Neb. Rev. Stat. § 71-1217 Outpatient treatment provider; duties; investigation by county attorney; warrant for immediate custody of subject; when.
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(1) Any provider of outpatient treatment to a subject ordered by a mental health board to receive such treatment shall report to the board and to the county attorney if (a) the subject is not complying with his or her individualized treatment plan, (b) the subject is not followin…
Neb. Rev. Stat. § 71-1218 Outpatient treatment; hearing by board; warrant for custody of subject; subject's rights; board determination.
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The mental health board shall, upon motion of the county attorney, or may, upon its own motion, hold a hearing to determine whether a subject ordered by the board to receive outpatient treatment can be adequately and safely served by the individualized treatment plan for such sub…
Neb. Rev. Stat. § 71-1219 Mental health board; review hearing; order discharge or change treatment disposition; when.
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(1) Upon the filing of a periodic report under section 71-1216, the subject, the subject's counsel, or the subject's legal guardian or conservator, if any, may request and shall be entitled to a review hearing by the mental health board and to seek from the board an order of disc…
Neb. Rev. Stat. § 71-1220 Regional center or treatment facility; administrator; discharge of involuntary patient; notice.
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When the administrator of any regional center or treatment facility for the treatment of dangerous sex offenders determines that any involuntary patient in such facility may be safely and properly discharged or placed on convalescent leave, the administrator of such regional cent…
Neb. Rev. Stat. § 71-1221 Notice of release; mental health board; hearing; tribal court.
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(1) A mental health board shall be notified in writing of the release by the treatment facility of any individual committed by the mental health board. Such notice shall immediately be forwarded to the county attorney. The mental health board shall, upon the motion of the county …
Neb. Rev. Stat. § 71-1222 Mental health board; person released from treatment; compliance with conditions of release; conduct hearing; make determination.
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The mental health board shall, upon the motion of the county attorney, or may upon its own motion, hold a hearing to determine whether a person who has been ordered by the board to receive inpatient or outpatient treatment is adhering to the conditions of his or her release from …
Neb. Rev. Stat. § 71-1223 Escape from treatment facility or program; notification required; warrant; execution; peace officer; powers.
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(1)(a) When any person receiving treatment at a treatment facility or program for dangerous sex offenders pursuant to an order of a court or mental health board is absent without authorization from such treatment facility or program, the administrator or program director of such …
Neb. Rev. Stat. § 71-1224 Rights of subjects.
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In addition to the rights granted subjects by any other provisions of the Sex Offender Commitment Act, such subjects shall be entitled to the rights provided in sections 71-943 to 71-960 during proceedings concerning the subjects under the act.
Neb. Rev. Stat. § 71-1225 Mental health board hearings; closed to public; exception; where conducted.
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All mental health board hearings under the Sex Offender 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 the right…
Neb. Rev. Stat. § 71-1226 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 Sex Offender Commitment Act. In no event shall evidence be considered which is inadmissible in criminal proceedings.
Neb. Rev. Stat. § 71-1226.01 Subject domiciled in Indian country; state recognition of tribal orders; rights of subject; 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 Sex Offender…
Neb. Rev. Stat. § 71-1355 Act, how cited.
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Sections 71-1355 to 71-1385 shall be known and may be cited as the Cremation of Human Remains Act.
Neb. Rev. Stat. § 71-1356 Terms, defined.
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For purposes of the Cremation of Human Remains Act, unless the context otherwise requires: (1) Alternative container means a container in which human remains are placed in a cremation chamber for cremation; (2) Authorizing agent means a person vested with the right to control the…
Neb. Rev. Stat. § 71-1357 Crematory; license required.
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A crematory shall not be established, operated, or maintained in this state except by a crematory authority licensed by the department under the Cremation of Human Remains Act. The department shall issue a license to a crematory authority that satisfies the requirements for licen…
Neb. Rev. Stat. § 71-1358 Crematory; building and location requirements.
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(1) A crematory shall conform to all building codes and environmental regulations. (2) A crematory may be constructed at any location consistent with applicable zoning and environmental regulations.
Neb. Rev. Stat. § 71-1359 License; application; requirements; fee.
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An applicant for an initial or renewal license as a crematory authority shall file a written application with the department. The application shall be accompanied by the license fee required under section 71-1363 and a certificate confirming that the crematory operator has attend…
Neb. Rev. Stat. § 71-1360 License; expiration.
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Except as otherwise provided in the Cremation of Human Remains Act, licenses issued pursuant to the act shall expire five years after the date of issuance. Licenses shall be issued only for the crematory authority named in the application and shall not be transferable or assignab…
Neb. Rev. Stat. § 71-1361 Crematory; change in location, ownership, or name; application; requirements; fee.
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(1) A crematory authority desiring to relocate a crematory shall file a written application with the department at least thirty days prior to the designated date of such relocation. The application shall be accompanied by a fee determined by the department in rules and regulation…
Neb. Rev. Stat. § 71-1362 Provisional license.
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A provisional license may be issued to a crematory authority that substantially complies with requirements for licensure under the Cremation of Human Remains Act and rules and regulations adopted and promulgated under the act. Such provisional license shall be valid for a period …
Neb. Rev. Stat. § 71-1363 Licensure; fees.
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(1) The fee for an initial or renewal license as a crematory authority shall include a fee determined by the department in rules and regulations. (2) If the license application is denied, the license fee shall be returned to the applicant, except that the department may retain up…
Neb. Rev. Stat. § 71-1364 Department; inspection; report; duties; noncompliance; procedure.
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(1) The department may inspect or provide for the inspection of any crematory operated by a crematory authority licensed under the Cremation of Human Remains Act in such manner and at such times as provided in rules and regulations adopted and promulgated by the department. (2) T…
Neb. Rev. Stat. § 71-1365 Complaints; department; duties; confidentiality; immunity.
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(1) Any person may submit a complaint to the department and request investigation of an alleged violation of the Cremation of Human Remains Act or rules and regulations adopted and promulgated under the act. The department shall review all complaints and determine whether to cond…
Neb. Rev. Stat. § 71-1366 Imminent danger; department; powers.
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(1) If the director determines that a crematory authority is operating a crematory so as to create an imminent danger of death or serious physical harm to persons employed at or in proximity to such crematory, he or she may order the temporary suspension or temporary limitation o…
Neb. Rev. Stat. § 71-1367 Deny or refuse to renew license; disciplinary action; grounds.
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The department may deny or refuse to renew a license under the Cremation of Human Remains Act or take disciplinary action against a crematory authority licensed under the act as provided in section 71-1368 on any of the following grounds: (1) Violation of the Cremation of Human R…
Neb. Rev. Stat. § 71-1368 Disciplinary actions; fine; disposition.
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(1) The department may impose any one or more of the following types of disciplinary action against a crematory authority licensed under the Cremation of Human Remains Act: (a) A fine not to exceed five hundred dollars per violation; (b) A limitation on the license and upon the r…
Neb. Rev. Stat. § 71-1369 Appeal.
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Any party to a decision of the department under the Cremation of Human Remains Act may appeal such decision. The appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 71-1370 License; reinstatement or relicensure.
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(1) If the license of a crematory authority has lapsed for nonpayment of fees, such license shall be eligible for reinstatement at any time upon application to the department and payment of the applicable fee as provided in section 71-1363. (2) If the license of a crematory autho…
Neb. Rev. Stat. § 71-1371 Nuisance; abatement; acts prohibited; penalty.
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(1) Maintaining or operating a crematory in violation of the Cremation of Human Remains Act or any rules and regulations of the department adopted and promulgated under the act is a public nuisance and may be abated as a nuisance as provided by law. (2) It is a Class III misdemea…
Neb. Rev. Stat. § 71-1372 Injunction; authorized.
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The department may maintain an action in the name of the State of Nebraska for an injunction against any person for establishing, operating, or maintaining a crematory without first obtaining a license as a crematory authority under the Cremation of Human Remains Act. In charging…
Neb. Rev. Stat. § 71-1373 Cremation; right to authorize.
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The right to authorize the cremation of human remains and the final disposition of the cremated remains, except in the case of a minor subject to section 23-1824 and unless other directions have been given by the decedent in the form of a testamentary disposition or a pre-need co…
Neb. Rev. Stat. § 71-1374 Crematory authority; delivery receipt form; duties.
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(1) A crematory authority upon receiving human remains shall sign a delivery receipt form and shall hold the human remains, prior to cremation, as provided in this section. The form shall include the name of the deceased, the time and date of delivery of such remains, and the sig…
Neb. Rev. Stat. § 71-1375 Crematory operation; limitations.
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(1) No person shall be permitted in a crematory, unless authorized by the crematory authority, while any human remains are in the crematory awaiting cremation, being cremated, or being removed from the cremation chamber. (2) The human remains of more than one person shall not be …
Neb. Rev. Stat. § 71-1376 Crematory authority; operation; requirements.
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(1) A crematory authority shall not accept human remains for cremation without a proper label indicating the name of the deceased and the name and location of the funeral establishment placed on the exterior of the alternative container or casket. (2) No crematory authority shall…
Neb. Rev. Stat. § 71-1377 Cremation authorization form; required; contents.
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(1) A crematory authority shall not cremate human remains until it has received: (a) A cremation authorization form as provided in subsection (2) of this section; (b) A completed and executed permit for transit or cremation as provided by the department or the appropriate cremati…
Neb. Rev. Stat. § 71-1378 Cremation authorization form; signature.
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(1) Any person signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth on such form, including the identity of the deceased whose remains are sought to be cremated and the authority of the person to authorize such cremation. Any p…
Neb. Rev. Stat. § 71-1379 Potentially hazardous implant or condition; jewelry or other valuables; requirements.
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(1) No human remains shall be cremated with the knowledge that the human remains contain a pacemaker or defibrillator or other potentially hazardous implant or condition. The authorizing agent shall take all necessary steps to ensure that any such hazardous implant or condition i…
Neb. Rev. Stat. § 71-1380 Dispute; crematory authority or funeral establishment; powers and duties.
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(1) If a crematory authority or funeral establishment (a) is aware of any dispute concerning the cremation of human remains or (b) has a reasonable basis to believe that such a dispute exists or to question any of the representations made by the authorizing agent with respect to …
Neb. Rev. Stat. § 71-1381 Cremated remains; how treated.
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(1) Insofar as is possible, upon completion of the cremation, all of the recoverable residue of the cremation shall be removed from the cremation chamber and any foreign matter or anything other than bone fragments shall be removed from such residue and shall be disposed of by th…
Neb. Rev. Stat. § 71-1382 Cremated remains; final disposition.
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(1) For purposes of the Cremation of Human Remains Act, the delivery of the cremated remains to the authorizing agent or his or her representative shall constitute final disposition. If, after a period of sixty days after the date of cremation, the authorizing agent or his or her…
Neb. Rev. Stat. § 71-1382.01 Cremated remains; veteran or spouse or dependent of veteran; procedures; final disposition; records; immunity.
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(1)(a) If the authorizing agent or his or her representative has not directed or otherwise arranged for the final disposition of cremated remains or claimed cremated remains for final disposition as provided in section 71-1382, the crematory authority or funeral establishment may…
Neb. Rev. Stat. § 71-1383 Rules and regulations.
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The department may adopt and promulgate rules and regulations to implement the Cremation of Human Remains Act, to include, but not be limited to, rules and regulations establishing conditions under which human remains of persons whose death was caused by a disease declared by the…
Neb. Rev. Stat. § 71-1384 Crematory authority; bylaws.
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A crematory authority may enact reasonable bylaws not inconsistent with the Cremation of Human Remains Act for the management and operation of a crematory operated by such authority. Nothing in this section shall prevent a crematory authority from enacting bylaws which contain mo…
Neb. Rev. Stat. § 71-1385 Act; how construed.
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The Cremation of Human Remains Act shall be construed and interpreted as a comprehensive cremation law, and the provisions of the act shall take precedence over any existing laws or rules and regulations that govern human remains that do not specifically address cremation.
Neb. Rev. Stat. § 71-1405 Medically handicapped child; birth; duty of attendant to report.
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(1) Within thirty days after the date of the birth of any child born in this state with visible congenital deformities, the physician, certified nurse midwife, or other person in attendance upon such birth shall prepare and file with the Department of Health and Human Services a …
Neb. Rev. Stat. § 71-15,100 Certificate of appointment or reappointment.
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A certificate of the appointment or reappointment of any commissioner shall be filed with the secretary or clerk of the governing body making or confirming the appointment or reappointment, and such certificate shall be conclusive evidence of the proper appointment of such commis…
Neb. Rev. Stat. § 71-15,101 Commissioner; qualifications; requirements.
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Every commissioner shall be a resident of the area of operation of the housing agency which he or she has been appointed to serve. However, if after appointment a commissioner ceases to reside in the local housing agency's area of operation, his or her term of office shall automa…
Neb. Rev. Stat. § 71-15,102 City of the metropolitan class; commissioner; requirements.
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In the case of a city of the metropolitan class, (1) at least one commissioner shall be a member of a racial minority and (2) at least one commissioner shall have experience in the following professions: (a) Real estate development or management; (b) accounting, banking, or finan…