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1,943 sections in this chapter.
Neb. Rev. Stat. § 71-3527 Rules and regulations.
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The department may adopt and promulgate rules and regulations to carry out sections 71-3523 to 71-3526.
Neb. Rev. Stat. § 71-3528 Applicability of sections.
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Sections 71-3523 to 71-3527 do not apply to high-level radioactive waste or transuranic waste shipped by or for the United States Government for military, national security, or national defense purposes. Sections 71-3523 to 71-3527 do not require disclosure of defense information…
Neb. Rev. Stat. § 71-3529 Legislative intent.
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It is the intent of the Legislature that costs incurred by the State of Nebraska attributable to the calibration of radiological instruments be borne by the responsible agency and to provide state and local governmental agencies a cost-effective source for the calibration of radi…
Neb. Rev. Stat. § 71-3530 Terms, defined.
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For purposes of sections 71-3529 to 71-3536: (1) Department means the Radiological Emergency Preparedness Division within the Nebraska Emergency Management Agency under the Military Department; (2) Radiological instrument includes, but is not limited to, radiological meters, radi…
Neb. Rev. Stat. § 71-3531 Fees; use.
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(1) Until January 1, 2008, a fee shall be assessed on each radiological instrument calibrated by the department as follows: Direct reading dosimeters, twenty-two dollars; electronic dosimeters, thirty-one dollars; CD V-700 meters, thirty-six dollars; CD V-715 meters, twenty-five …
Neb. Rev. Stat. § 71-3532 Nebraska Emergency Management Agency Cash Fund; created; use; investment.
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The Nebraska Emergency Management Agency Cash Fund is created. The fund shall be administered by the director of the Nebraska Emergency Management Agency. The fund shall consist of all non-federal-fund revenue received by the Nebraska Emergency Management Agency. The fund shall o…
Neb. Rev. Stat. § 71-3533 Delivery and receipt of radiological instruments.
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The responsible agency shall be responsible for delivery and receipt of radiological instruments to and from the department.
Neb. Rev. Stat. § 71-3534 Forfeiture of instrument; when; procedure.
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If a replaced, repaired, or calibrated radiological instrument has not been receipted from the department by the responsible agency sixty days after the completed replacement, repair, or calibration date, the department shall provide written notification to the responsible agency…
Neb. Rev. Stat. § 71-3535 Applicability of sections.
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Sections 71-3529 to 71-3536 shall not apply to a radiological instrument owned and replaced, repaired, or calibrated by the department, except when a responsible agency has been issued a radiological instrument and, by agreement, has consented to be responsible for the replacemen…
Neb. Rev. Stat. § 71-3536 Rules and regulations.
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The department may adopt and promulgate rules and regulations to carry out sections 71-3529 to 71-3536.
Neb. Rev. Stat. § 71-3601 Terms, defined.
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For purposes of the Tuberculosis Detection and Prevention Act: (1) Communicable tuberculosis means tuberculosis manifested by a laboratory report of sputum or other body fluid or excretion found to contain tubercle bacilli or by chest X-ray findings interpreted as active tubercul…
Neb. Rev. Stat. § 71-3601.01 Act, how cited.
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Sections 71-3601 to 71-3614 shall be known and may be cited as the Tuberculosis Detection and Prevention Act.
Neb. Rev. Stat. § 71-3602 Communicable tuberculosis; orders authorized; refusal; state health officer or local health officer; powers and duties.
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(1) When there are reasonable grounds to believe that a person has communicable tuberculosis and the person refuses to submit to the examination necessary to determine the existence of communicable tuberculosis, the state health officer or local health officer may order such pers…
Neb. Rev. Stat. § 71-3603 Petition; hearing; notice; costs.
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The county attorney of the county in which the proceedings are to be held as provided in section 71-3602 shall act for the department or local board of health. Either the state health officer or local health officer shall advise the county attorney in writing of the violation. Wi…
Neb. Rev. Stat. § 71-3604 Hearing; procedure; order.
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(1) Upon the hearing set in the order, the person named in the order shall have a right to be represented by counsel, to confront and cross-examine witnesses against him or her, and to have compulsory process for the securing of witnesses and evidence in his or her own behalf. (2…
Neb. Rev. Stat. § 71-3605 Appeal; procedure.
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Any person aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, is entitled to judicial review under the provisions of sections 25-2728 to 25-2738.
Neb. Rev. Stat. § 71-3606 Commitment; length of time.
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Upon commitment, the person shall be confined until such time as the responsible attending physician determines that the patient no longer has communicable tuberculosis or that his discharge will not endanger public health.
Neb. Rev. Stat. § 71-3607 Commitment; release; procedure.
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Any time beyond sixty days after commitment, the person or any friend or relative believing that the patient no longer has communicable tuberculosis or that his discharge will not endanger public health may institute proceedings by petition in the county court of the county where…
Neb. Rev. Stat. § 71-3608 Commitment; voluntary hospitalization or treatment.
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No person having communicable tuberculosis who in his or her home or elsewhere obeys the rules, regulations, and orders of the department for the control of tuberculosis or who voluntarily accepts hospitalization or treatment in a health care facility which is licensed and approv…
Neb. Rev. Stat. § 71-3609 Commitment; medical or surgical treatment; consent required.
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No person committed under the Tuberculosis Detection and Prevention Act shall be required to submit to medical or surgical treatment without his or her consent or, if incompetent, without the consent of his or her legal guardian, or, if a minor, without the consent of a parent or…
Neb. Rev. Stat. § 71-3610 Commitment; treatment; expenses; payment by state.
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The expenses incurred in the care, maintenance, and treatment of patients committed under the Tuberculosis Detection and Prevention Act shall be paid from state funds appropriated to the department for the purpose of entering into agreements to provide for the care, maintenance, …
Neb. Rev. Stat. § 71-3611 Commitment; consent to leave hospital; violation; return; costs paid by county.
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Any person committed under the Tuberculosis Detection and Prevention Act who leaves the facility without having been discharged by the attending physician or by court order shall be taken into custody and returned to the facility by the sheriff of any county where such person is …
Neb. Rev. Stat. § 71-3612 Communicable tuberculosis; examination required; expense; payment.
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The state health officer and each local health officer shall use all available means to detect persons with communicable tuberculosis in his or her jurisdiction. If he or she has reasonable grounds based upon medical science for believing that a person has communicable tuberculos…
Neb. Rev. Stat. § 71-3613 Department; powers and duties.
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The department shall have and may exercise the following powers and duties in its administration of the Tuberculosis Detection and Prevention Act: (1) To adopt and promulgate rules and regulations relating to the care, maintenance, and treatment of patients committed under the Tu…
Neb. Rev. Stat. § 71-3614 Cost of drugs and patient care; transportation; payment.
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(1) When any person who has communicable tuberculosis and who has relatives, friends, or a private or public agency or organization willing to undertake the obligation to support him or her or to aid in supporting him or her in any other state or country, the department may furni…
Neb. Rev. Stat. § 71-3701 Act, how cited.
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Sections 71-3701 to 71-3706 shall be known and may be cited as the Brain Injury Assistance Act.
Neb. Rev. Stat. § 71-3702 Terms, defined.
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For purposes of the Brain Injury Assistance Act: (1) Brain injury has the definition found in section 81-654; and (2) Committee means the Brain Injury Oversight Committee created in section 71-3703.
Neb. Rev. Stat. § 71-3703 Brain Injury Oversight Committee; created; members; terms; meetings; expenses.
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(1) The Brain Injury Oversight Committee is created. The committee shall consist of nine public members and the following directors, or their designees: The Commissioner of Education; the Director of Behavioral Health of the Department of Health and Human Services; and the Direct…
Neb. Rev. Stat. § 71-3704 Committee; duties.
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The committee shall: (1) Provide financial oversight and direction to the University of Nebraska Medical Center in the management of the Brain Injury Assistance Program; (2) Develop criteria for expenditures from the Brain Injury Assistance Program; and (3) Represent the interest…
Neb. Rev. Stat. § 71-3705 Brain Injury Assistance Program; created; administration.
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(1) The Brain Injury Assistance Program is created. The program shall be administered by the Department of Health and Human Services through a contract with the University of Nebraska Medical Center. The program shall provide assistance for individuals with a brain injury by payi…
Neb. Rev. Stat. § 71-3706 Legislative intent.
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It is the intent of the Legislature to appropriate five hundred thousand dollars from the Nebraska Health Care Cash Fund annually beginning in fiscal year 2020-21 to the Brain Injury Assistance Program for purposes of carrying out the Brain Injury Assistance Act.
Neb. Rev. Stat. § 71-3801 Act, how cited.
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Sections 71-3801 to 71-3816 shall be known and may be cited as the Kratom Consumer Protection Act.
Neb. Rev. Stat. § 71-3802 Terms, defined.
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For purposes of the Kratom Consumer Protection Act: (1) Attractive to children means products: (a) Manufactured in the shape of humans, cartoons, or animals; or (b) Manufactured in a form that bears any reasonable resemblance to an existing candy product that is familiar to the p…
Neb. Rev. Stat. § 71-3803 Kratom product; person under twenty-one years of age; acts prohibited; age-verification system.
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(1) No person shall sell, offer for sale, provide, or distribute a kratom product to a person under twenty-one years of age. (2) An online retailer or marketplace that sells or offers for sale a kratom product shall implement an age-verification system to ensure compliance with t…
Neb. Rev. Stat. § 71-3804 Kratom product; manufacture; acts prohibited.
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No person shall produce, manufacture, distribute, offer for sale, sell, or introduce into commerce a kratom product in the State of Nebraska if the product is manufactured in a manner that is attractive to children.
Neb. Rev. Stat. § 71-3805 Kratom product; sale, offer for sale, or introduce into commerce; requirements.
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A kratom product sold, offered for sale, or introduced into commerce in the State of Nebraska shall: (1) Be manufactured, packaged, labeled, or held in a facility that meets the requirements of 21 C.F.R. part 111, as such regulations existed on January 1, 2025; and (2) Be manufac…
Neb. Rev. Stat. § 71-3806 Kratom product; label; requirements.
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A kratom product sold, offered for sale, or introduced into commerce in the State of Nebraska shall have a label on each retail package that clearly and conspicuously provides the following information: (1) The product is not recommended for use by individuals who are under twent…
Neb. Rev. Stat. § 71-3807 Kratom products; registration; required, when procedure; certificate of registration; fee.
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(1) The department shall establish, operate, and administer a program to register kratom products. The Tax Commissioner shall designate an implementation date for such program which date is on or before January 1, 2026. (2) Beginning on the implementation date designated by the T…
Neb. Rev. Stat. § 71-3808 List of registered kratom products; department; duty.
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Beginning on the implementation date designated by the Tax Commissioner pursuant to subsection (1) of section 71-3807, the department shall make public a list of all registered kratom products on its website.
Neb. Rev. Stat. § 71-3809 Adulterated kratom product; prohibited.
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(1) No person shall sell, offer for sale, provide, or distribute an adulterated kratom product in the State of Nebraska. (2) A product shall be deemed adulterated if: (a) It contains any kratom alkaloid or metabolite, including 7-hydroxymitragynine, and does not meet the definiti…
Neb. Rev. Stat. § 71-3810 Processor or retailer; violations; determination; civil penalties; adulterated kratom product; removal from list of registered kratom products.
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(1) Any processor or retailer that violates any section of the Kratom Consumer Protection Act, including those related to the application or registration, or any of the rules and regulations adopted and promulgated by the department that apply to processors or kratom products sha…
Neb. Rev. Stat. § 71-3811 Hearing; procedure; appeal.
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(1) A processor or retailer aggrieved by a notice of denial of an application issued under section 71-3807 or a notice of violation issued under section 71-3810 may request a hearing. (2) Such request shall be made within twenty days after the receipt of any such notice. (3) At s…
Neb. Rev. Stat. § 71-3812 Enforcement; prima facie evidence.
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(1) The Attorney General shall have authority to enforce the Kratom Consumer Protection Act pursuant to the Consumer Protection Act and the Uniform Deceptive Trade Practices Act. This section shall not be construed to allow for a private right of action under the Kratom Consumer …
Neb. Rev. Stat. § 71-3813 Processor; violation; false statement; perjury; forfeiture of certificate of registration.
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(1) If a registered processor has been convicted by any court of a violation of the Kratom Consumer Protection Act, the processor may, in addition to the penalties for such offense, incur a forfeiture of the certificate of registration for its kratom products and all money that h…
Neb. Rev. Stat. § 71-3814 Political subdivisions; regulations; restrictions.
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Except as otherwise provided in the Kratom Consumer Protection Act, no political subdivision shall impose additional restrictions on the manufacturing, packaging, labeling, distribution, or sale of kratom products greater than or in addition to those enumerated in the act.
Neb. Rev. Stat. § 71-3815 Rules and regulations.
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The department may adopt and promulgate rules and regulations to carry out the Kratom Consumer Protection Act.
Neb. Rev. Stat. § 71-3816 Excise tax; amount; records; return; collection.
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(1) Beginning January 1, 2027, an excise tax shall be levied on the retail sale of kratom products to consumers. The tax shall be at a rate of ten percent of the retail purchase price. (2) The excise tax imposed by this section shall be in addition to all other occupation, privil…
Neb. Rev. Stat. § 71-3901 Act, how cited.
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Sections 71-3901 to 71-3909 shall be known and may be cited as the Indoor Tanning Facility Act.
Neb. Rev. Stat. § 71-3902 Terms, defined.
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For purposes of the Indoor Tanning Facility Act: (1) Board means the Board of Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art; (2) Department means the Division of Public Health of the Department of Health and Human Services; (3) Operator means a person designa…
Neb. Rev. Stat. § 71-3903 Legislative intent.
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It is the intent of the Legislature that the Indoor Tanning Facility Act be implemented and enforced in a manner that ensures equal treatment of all tanning facilities regardless of the type of business or facility or number of pieces of tanning equipment at the tanning facility.