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1,943 sections in this chapter.
Neb. Rev. Stat. § 71-3424 Purposes of act.
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The purposes of the Overdose Fatality Review Teams Act are to: (1) Create a legislative framework for establishing county-level, multidisciplinary overdose fatality review teams in Nebraska; (2) Provide overdose fatality review teams with duties and responsibilities to examine an…
Neb. Rev. Stat. § 71-3425 Terms, defined.
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For purposes of the Overdose Fatality Review Teams Act: (1) De-identified information means information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual; (2) Departmen…
Neb. Rev. Stat. § 71-3426 Lead organization; establish a local team; membership; chairperson; duties.
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(1) A lead organization may establish a local team for the lead organization's jurisdiction or for a group of cities, counties, or districts, pursuant to an agreement between multiple lead organizations. If multiple lead organizations decide to form a local team, only one shall f…
Neb. Rev. Stat. § 71-3427 Local team; duties; limitation; report; department; duties.
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(1) A local team shall: (a) Promote cooperation and coordination among agencies involved in the investigation of drug overdose fatalities; (b) Examine the incidence, causes, and contributing factors of drug overdose deaths in jurisdictions where the local team operates; (c) Devel…
Neb. Rev. Stat. § 71-3428 Local team meetings; participants and attendees; requirements; liability; professional disciplinary action; immunity; limitation.
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(1) Members of a local team and other individuals in attendance at a local team meeting, including, but not limited to, experts, health care professionals, or other observers: (a) Shall sign a confidentiality agreement as provided in section 71-3433; (b) Are bound by all applicab…
Neb. Rev. Stat. § 71-3429 Open Meetings Act; local team not considered public body; information and records; confidentiality.
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(1) A local team shall not be considered a public body for purposes of the Open Meetings Act. (2) Except for reports under section 71-3427, information and records acquired or created by a local team are not public records subject to disclosure pursuant to sections 84-712 to 84-7…
Neb. Rev. Stat. § 71-3430 Lead organization; access to information; subpoena; enforcement.
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(1) Except as provided in subsection (4) of this section, on written request of the lead organization, and as necessary to carry out the purpose and duties of the local team, the lead organization shall be provided with the following information: (a) Nonprivileged information and…
Neb. Rev. Stat. § 71-3431 Local team member; contact, interview, or obtain information from family member or friend of deceased.
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A member of the local team may contact, interview, or obtain information by request from a family member or friend of an individual whose death is being reviewed by the local team.
Neb. Rev. Stat. § 71-3432 Local team meetings; ad hoc participation; confidential information; shared, when; lead organization; powers and duties; local team; consultation agreements.
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(1) A chairperson may invite other individuals to participate on the local team on an ad hoc basis for a particular investigation. Such individuals may include those with expertise that would aid in the investigation and representatives from organizations or agencies that had con…
Neb. Rev. Stat. § 71-3433 Local team meetings; confidentiality form; participation requirements; disclosures prohibited; information and records; release permitted; limitations; testify at proceedings; prohibited.
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(1) Each local team member and any nonmember in attendance at a meeting shall sign a confidentiality form and review the purposes and goals of the local team before they may participate in the meeting or review. The form shall set out the requirements for maintaining the confiden…
Neb. Rev. Stat. § 71-3434 Provision of information and records; immunity.
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Any person that in good faith provides information or records to a local team shall not be subject to civil or criminal liability or any professional disciplinary action as a result of providing the information or record.
Neb. Rev. Stat. § 71-3435 Civil action; authorized; appropriate relief.
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A person aggrieved by the intentional or knowing disclosure of confidential information in violation of the Overdose Fatality Review Teams Act by a local team, its members, or a person in attendance at a local team meeting may bring a civil action for appropriate relief against t…
Neb. Rev. Stat. § 71-3436 Confidentiality requirements; violation; penalty.
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A person who intentionally or knowingly violates the confidentiality requirements of the Overdose Fatality Review Teams Act is guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 71-3437 Rules and regulations.
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The department may adopt and promulgate such rules and regulations as are necessary to carry out the Overdose Fatality Review Teams Act.
Neb. Rev. Stat. § 71-3438 Suicide mortality review team; Department of Veterans' Affairs; terms, defined.
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(1) The suicide mortality review team is established in the Department of Veterans' Affairs. (2) For purposes of sections 71-3438 to 71-3443: (a) Department means the Department of Veterans' Affairs; (b) Director means the Director of the Department of Veterans' Affairs or the di…
Neb. Rev. Stat. § 71-3439 Review team; members; professional and administrative support.
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(1) The suicide mortality review team shall consist of the following members: (a) The director; (b) a representative of the Nebraska Violent Death Reporting System; (c) a representative of Nebraska Local Outreach to Suicide Loss Survivors; and (d) a representative of the Division…
Neb. Rev. Stat. § 71-3440 Review team; duties.
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The suicide mortality review team shall: (1) Develop a suicide mortalities data collection system; (2) Conduct an annual analysis of the incidences and causes of suicides in this state during the preceding fiscal year; (3) Develop protocols for suicide investigations, including p…
Neb. Rev. Stat. § 71-3441 Nebraska Violent Death Reporting System; information; sharing and storing; cooperative agreement.
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The review team shall establish a cooperative agreement with the Nebraska Violent Death Reporting System to allow for the sharing and storing of all information relevant to the review team's review process, including, but not limited to, data collection and reporting within the N…
Neb. Rev. Stat. § 71-3442 Review team; access to information and records; subpoena; Nebraska Violent Death Reporting System; procedure; confidentiality; liability; contact family member.
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(1) Upon request by the director, a county attorney or the Attorney General may issue a subpoena to compel the production of any records or information specified in this section. Any subpoenaed information shall be entered into the Nebraska Violent Death Reporting System and prov…
Neb. Rev. Stat. § 71-3443 Report.
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(1)(a) No later than April 1, 2026, and each April 1 thereafter, the review team shall prepare and submit electronically to the Clerk of the Legislature, the Department of Health and Human Services, and other nonprofit organizations, a report that summarizes the following informa…
Neb. Rev. Stat. § 71-3501 Public policy.
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It is the policy of the State of Nebraska in furtherance of its responsibility to protect occupational and public health and safety and the environment: (1) To institute and maintain a regulatory program for sources of radiation so as to provide for: (a) Compatibility and equival…
Neb. Rev. Stat. § 71-3502 Purpose of act; programs provided.
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It is the purpose of the Radiation Control Act to effectuate the policies set forth in section 71-3501 by providing for: (1) A program of effective regulation of sources of radiation for the protection of occupational and public health and safety and the environment; (2) A progra…
Neb. Rev. Stat. § 71-3502.01 Radon mitigation program; authorized.
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The department may establish an alternative maximum contaminant level for radon in drinking water by establishing a multimedia radon mitigation program as provided under federal law which may include public education, testing, training, technical assistance, remediation grants, a…
Neb. Rev. Stat. § 71-3503 Terms, defined.
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For purposes of the Radiation Control Act, unless the context otherwise requires: (1) Radiation means ionizing radiation and nonionizing radiation as follows: (a) Ionizing radiation means gamma rays, X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and o…
Neb. Rev. Stat. § 71-3504 Radiation control activities; Department of Health and Human Services; powers and duties.
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(1) The Department of Health and Human Services shall coordinate radiation control activities and may designate an administrator of radiation control. The administrator shall: (a) Advise the Governor and agencies of the state on matters relating to radiation; and (b) Coordinate r…
Neb. Rev. Stat. § 71-3505 Department; powers and duties.
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(1) Matters relative to radiation as they relate to occupational and public health and safety and the environment shall be a responsibility of the department. The department shall: (a) Develop comprehensive policies and programs for the evaluation and determination of undesirable…
Neb. Rev. Stat. § 71-3507 Licenses or registration; rules and regulations; exemptions; reciprocity; department; right of entry; surveys and inspections.
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(1) The department shall adopt and promulgate rules and regulations for the issuance, amendment, suspension, and revocation of general and specific licenses. Such licenses shall be for byproduct material, source material, special nuclear material, and radioactive material not und…
Neb. Rev. Stat. § 71-3508 Radiation; possession or use; records; contents; user of sources of radiation; qualifications; exemptions.
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(1) The department shall require each person who possesses or uses a source of radiation to maintain records relating to its receipt, storage, transfer, or disposal and such other records as the department may require subject to such exemptions as may be provided by rules or regu…
Neb. Rev. Stat. § 71-3508.01 Radioactive materials license; terms and conditions; termination of license; transfer of land; effect; department; powers and duties.
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(1) Any radioactive materials license issued or renewed after August 30, 1987, for any activity which results in the production of byproduct material as defined in subdivision (12)(b) of section 71-3503 shall contain such terms and conditions as the department determines to be ne…
Neb. Rev. Stat. § 71-3508.03 Fees; costs; use; exemptions; failure to pay; effect.
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(1) The department shall establish by rule and regulation annual fees for the radioactive materials licenses, for inspections of radioactive materials, for the registration and inspection of radiation-generating equipment and other sources of radiation, and for radon measurement …
Neb. Rev. Stat. § 71-3508.04 Licensee; surety; long-term site surveillance and care; funds; disposition; powers and duties.
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(1) For licensed activities involving source material milling, source material mill tailings, and management of low-level radioactive waste, the department shall, and for other classes of licensed activities the department may, adopt and promulgate rules and regulations which est…
Neb. Rev. Stat. § 71-3509 Sources of radiation; agreements with federal agency; Governor; license; expiration.
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(1) The Governor, on behalf of this state, may enter into agreements with the federal Nuclear Regulatory Commission pursuant to the federal Atomic Energy Act of 1954, section 274b, as amended, providing for discontinuance of certain of such commission's licensing and related regu…
Neb. Rev. Stat. § 71-3510 Federal government; other states; agreements; control of sources of radiation; department; powers.
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(1) The department may enter into an agreement or agreements with the federal Nuclear Regulatory Commission pursuant to the federal Atomic Energy Act of 1954, section 274i, as amended, other federal governmental agencies as authorized by law, other states, or interstate agencies …
Neb. Rev. Stat. § 71-3511 Radiation; ordinance, resolution, or regulation; superseded; when.
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Any ordinance, resolution, or regulation, now or hereafter in effect, of the governing body of a municipality, county, or state agency relating to sources of radiation that is inconsistent with the Radiation Control Act, amendments thereto, or rules and regulations adopted and pr…
Neb. Rev. Stat. § 71-3513 Rules and regulations; licensure; department; powers; duties; appeal.
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(1) In any proceeding for the issuance or modification of rules or regulations relating to control of sources of radiation, the department shall provide an opportunity for public participation through written comments and a public hearing. (2) In any proceeding for the denial of …
Neb. Rev. Stat. § 71-3514 Violation of act; remedies.
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Whenever, in the judgment of the department, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of the Radiation Control Act or any rule, regulation, or order issued pursuant to the act, the At…
Neb. Rev. Stat. § 71-3514.01 Deliberate misconduct; intentional misinformation; prohibited.
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(1) Any licensee, registrant, applicant for a license or registration, employee of a licensee or registrant, contractor or subcontractor of a licensee, registrant, or applicant for a license or registration, or employee of any contractor or subcontractor of a licensee, registrant…
Neb. Rev. Stat. § 71-3515 Radiation; acts; registration or license required.
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It shall be unlawful for any person to use, manufacture, produce, distribute, sell, transport, transfer, install, repair, receive, acquire, own, or possess any source of radiation unless registered with or licensed by the department as required by the Medical Radiography Practice…
Neb. Rev. Stat. § 71-3516 Emergency; impounding sources of radiation; department; powers.
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(1) The department shall have the authority in the event of an emergency affecting occupational or public health and safety or the environment to impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to obs…
Neb. Rev. Stat. § 71-3516.01 Impounded source of radiation; disposition; procedure; expenses.
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(1) The department shall keep any source of radiation impounded under section 71-3516 for as long as it is needed as evidence for any hearing. (2) Prior to the issuance of an order of disposition for an impounded source of radiation, the department shall notify in writing any per…
Neb. Rev. Stat. § 71-3517 Violations; civil and criminal penalties; appeal.
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(1) Any person who violates any of the provisions of the Radiation Control Act shall be guilty of a Class IV misdemeanor. (2) In addition to the penalty provided in subsection (1) of this section, any person who violates any provision of the Radiation Control Act or any rule, reg…
Neb. Rev. Stat. § 71-3518 License or registration; common carrier exempt.
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Nothing in the Radiation Control Act shall be deemed to require the licensing or registration by any common carrier, contract carrier, private carrier, railway freight carrier, or railway express carrier transporting, storing, or handling any of the materials described in such ac…
Neb. Rev. Stat. § 71-3518.01 Existing rules, regulations, licenses, forms of approval, suits, other proceedings; how treated.
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(1) All rules and regulations adopted prior to December 1, 2008, under the Radiation Control Act shall continue to be effective to the extent not in conflict with the changes made by Laws 2007, LB 463. (2) All licenses or other forms of approval issued prior to December 1, 2008, …
Neb. Rev. Stat. § 71-3519 Act, how cited.
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Sections 71-3501 to 71-3520 shall be known and may be cited as the Radiation Control Act.
Neb. Rev. Stat. § 71-3520 Act, how construed.
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Nothing in the Radiation Control Act shall be construed to allow the department to duplicate regulation by the federal government.
Neb. Rev. Stat. § 71-3522 Compact; withdrawal.
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The State of Nebraska hereby withdraws from the Central Interstate Low-Level Radioactive Waste Compact. The Governor shall notify in writing each of the governors of the other compact states and the chairperson of the Central Interstate Low-Level Radioactive Waste Compact Commiss…
Neb. Rev. Stat. § 71-3523 Legislative intent.
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It is the intent of the Legislature that costs incurred by the State of Nebraska attributable to the shipment of high-level radioactive waste and transuranic waste in or through the state shall be borne by the shipper.
Neb. Rev. Stat. § 71-3524 Terms, defined.
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For purposes of sections 71-3523 to 71-3528: (1) Department means the Department of Health and Human Services; (2) High-level radioactive waste means (a) irradiated reactor fuel, (b) liquid wastes resulting from the operation of the first cycle solvent extraction system or equiva…
Neb. Rev. Stat. § 71-3525 Fees.
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Until January 1, 2005, a fee of two thousand dollars shall be assessed on each cask of high-level radioactive waste or transuranic waste shipped in or through the state, whether shipped by motor carrier or rail. On and after January 1, 2005, the department shall establish and ass…
Neb. Rev. Stat. § 71-3526 Radiation Transportation Emergency Response Cash Fund; created; use; investment; changes in fees; when.
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The Radiation Transportation Emergency Response Cash Fund is created. The fund shall consist of fees credited pursuant to section 71-3525. The fund shall be used for the purposes stated in such section, except that transfers may be made from the fund to the General Fund at the di…