Nebraska Revised Statutes 25-307
Suit by infant, guardian, or next friend; exception; substitution by court.
Except in situations discussed in the Nebraska Probate Code, legal action on behalf of an infant is to be taken by (a) legal guardian(s) of the infant or another chosen capable representative. An infant’s guardian(s) taking legal action may stop the action only with approval of the court. When the action is taken by a capable representative other than an infant’s guardian(s), the court can dismiss it if will not benefit the infant, or if it is decided that the representative will be substituted by a different capable representative. Any court decision made under this section will affect the infant without exception.
Nebraska Revised Statutes 28-3,103
For purposes of the Pain-Capable Unborn Child Protection Act:
(1) “Abortion” means the use or prescription of any instrument, medicine, drug, or other substance or device to end the pregnancy of a person known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the fetus after live birth, or to remove a dead fetus which died inside the womb as the result of natural causes, accidental trauma, or a criminal assault on the pregnant person or fetus, and which causes the early ending of the pregnancy;
(2) “Attempt to perform or induce an abortion” means an act, or failure to perform a legally required act, that, under the circumstances as the actor believes them to be, is a significant step in the process of causing an abortion to take place in this state in violation of the Pain-Capable Unborn Child Protection Act;
(3) “Fertilization” means the fusion of a human sperm cell with a human egg cell;
(4) “Medical emergency” means a situation which a healthcare professional has determined endangers the health of the pregnant person to the point of making an immediate abortion necessary to prevent their death or other serious, irreversible effects to their health. A claim by a medical professional that the pregnant person will harm themselves causing their own death (commit suicide) or serious, irreversible effects to their health cannot be considered a medical emergency under this law.
(5) “Post-fertilization age” means how long it has been since the sperm and egg cell fused
(6) “Reasonable medical judgment” means a decision about a pregnant person’s health made by a capable healthcare professional who knows the details of that person’s condition as well as options for treating any complications that person faces
(7) “Physician” means any person licensed to practice surgical medicine or osteopathic medicine (healthcare based on the way problems with the muscles and skeleton can cause other conditions within the body) under the Uniform Credentialing Act;
(8) “Probable post-fertilization age of the fetus” means how long it has been since a sperm and egg cell formed to conceive the fetus at the time an abortion is to be performed
(9) “Fetus” means a human organism that has been formed by the fusion of a sperm and egg cell remaining inside a uterus up until the point it is born alive
(10) “Pregnant person” means a human being carrying a live fetus inside of their uterus; this definition is not dependent on whether the person is considered an adult or a minor under the law
Nebraska Revised Statutes 28-3,105
Determination of probable post-fertilization age of unborn child; physician; duties.
(1) Except for when a medical emergency takes place, no abortion may purposefully take place or be purposefully attempted via medical procedure or any other method unless the medical professional in charge of the abortion has first determined the post-fertilization age of the fetus or has been told the post-fertilization age of the fetus by another capable medical professional. To decide the post-fertilization age, a physician who knows the details of the pregnant person’s condition should ask the pregnant person relevant questions as well as perform necessary examinations and tests
(2) Failure by any medical professional to follow the requirements of this section will be considered unprofessional conduct according to section 38-2021.
Nebraska Revised Statutes 28-3,106
Abortion; performance; restrictions.
No medical professional may purposefully perform or purposefully attempt an abortion via medical procedure or any other method upon a pregnant person when it has been determined, or told to the physician in charge of the abortion by another capable medical professional, that the probable post-fertilization age of the fetus is twenty (20) or more weeks, unless reasonable medical judgment states (1) the pregnant person has a condition which may result in their death or other serious, irreversible effects to their health if they remain pregnant any longer, or (2) it is necessary to preserve the life of an unborn child. A claim by a medical professional that the pregnant person will harm themselves causing their own death (commit suicide) or serious, irreversible effects to their health cannot be considered a medical emergency under this law. If an abortion is considered necessary, the medical professional is to end the pregnancy in a way that has been decided provides the best chance for the fetus to survive, unless termination of the pregnancy in that manner would pose a greater risk of death or other serious, irreversible effects to the health of the pregnant person than another available method. Claims by a physician that the pregnant person might harm themselves causing their own death (commit suicide) or serious, irreversible effects to their health cannot be considered to be a “greater risk” under this law.
Nebraska Revised Statutes 28-3,107
Report to Department of Health and Human Services; contents; department; issue public report; failure to file report; late fee; prohibited acts; penalty.
(1) Any medical professional who purposefully performs or purposefully attempts an abortion via medical procedure or any other method shall report the following to the Department of Health and Human Services, on a set schedule, according to guidelines, and using the correct paperwork determined by the department:
(a) If a probable post-fertilization age was determined, the probable post-fertilization age, and how it was decided;
(b) If a determination of probable post-fertilization age was not made, how it was decided that a medical emergency existed;
(c) If the probable post-fertilization age was determined to be twenty (20) or more weeks, how it was decided that the pregnant person was experiencing a medical emergency or that intervention was necessary to preserve the life of the fetus; and
(d) The method used for the abortion and, in the case of an abortion performed when the probable post-fertilization age was determined to be twenty (20) or more weeks, whether the method of abortion used was one that was determined by a medical professional to have provided the best opportunity for the fetus to survive or, if such a method was not used, how it was decided that ending the pregnancy in that manner would pose a greater risk of death or other serious, irreversible effects to the health of the pregnant person than another available methods.
(2) By June 30 of each year, the department shall issue a public report providing statistics for the previous calendar year for each of the items listed in subsection (1) of this section. Each of those reports will also provide the statistics for all previous calendar years during which this section was law, adjusted to include any missing or incorrect information. The department must also publish these reports in a way that protects the identities of the abortion patients.
(3) Any physician who fails to submit a report more than thirty days after the due date will be fined five hundred dollars for each additional thirty-day period or portion of a thirty-day period the report is overdue. Any physician required to submit a report following the guidelines of the Pain-Capable Unborn Child Protection Act who has not submitted a report, or has submitted an incomplete report, more than one year following the due date, may face legal action under the enforcement of the Uniform Credentialing Act according to section 38-1,139, directed by an appropriate court, requiring the physician to submit a complete report within a time period stated by court order or face punishment under the law. Failure by any physician to follow any requirement of this section, other than late filing of a report, is unprofessional conduct according to section 38-2021. Failure by any physician to submit a complete report when ordered to do so by a court is unprofessional conduct according to section 38-2021. Purposefully or recklessly providing false information on any report required under this section is a Class V (5) misdemeanor.
(4) Within ninety (90) days after October 15, 2010, the department shall make and enforce the guidelines to be followed under this section.
Nebraska Revised Statutes 28-3,108
Prohibited abortion; penalty.
Any person who intentionally or recklessly performs or attempts to perform an abortion in violation of section 28-3,106 is guilty of a Class IV (4) felony. The patient who received the completed or attempted abortion may not be punished under this section.
Nebraska Revised Statutes 28-3,109
Action for damages; action for injunctive relief; attorney’s fees.
(1) Any pregnant person who received an abortion which went against the Pain-Capable Unborn Child Protection Act or the father of the aborted fetus may take legal action against the person who performed the abortion, whether it was purposeful or accidental for monetary compensation. Any pregnant person upon whom an abortion was attempted against the Pain-Capable Unborn Child Protection Act may take legal action against the person who performed the abortion, whether it was purposeful or accidental for monetary compensation.
(2) Legal action may be taken against any person who has purposefully violated the Pain-Capable Unborn Child Protection Act by anyone who received a completed or attempted abortion by that person, by the spouse, parent, sibling, or guardian of, or a current or former licensed health care provider of anyone who has received a completed or attempted abortion by that person, by a county attorney within the county that an abortion was completed or attempted by that person, or by the Attorney General. The court may rule to prevent the abortion provider from performing further abortions in violation of the Pain-Capable Unborn Child Protection Act in this state.
(3) If the court decides that the abortion provider described in this section is guilty, the abortion provider may be responsible for paying the other party’s attorney’s fees.
(4) If the court decides that the abortion provider described in this section is innocent, the person who brought the case against the abortion provider may be responsible for paying the abortion provider’s attorney’s fees.
(5) No pregnant person upon whom an abortion was performed or attempted against the Pain-Capable Unborn Child Protection Act can be made to owe monetary compensation or attorney’s fees except for as it is described in subsection (4) of this section.
Nebraska Revised Statutes 28-3,110
Anonymity; court orders authorized.
In every legal action taken under the Pain-Capable Unborn Child Protection Act, the court will rule whether the identity of the pregnant person upon whom an abortion was performed or attempted will remain a secret from the public if that person does not give their consent to be identified. If the court decides to protect the pregnant person’s identity, it shall issue orders to everyone involved in the legal process to do so, seal of the court records, and prevent unnecessary people from entering courtrooms or hearing rooms. The court will provide a written explanation for how it decided the pregnant person’s identity should remain private, why it is necessary to protect the pregnant person’s identity, what actions specific to that case’s legal process will be taken to protect the pregnant person’s identity, and why no less restrictive action could be taken. Even if the court does not rule that the pregnant person’s identity must be kept a secret from the general public, anyone other than a public official who takes legal action according to section 28-3,109 must use a false name for the pregnant person if that person does not give their written consent for their legal name to be used. This section may not be used as a reason to hide the identity of the abortion provider brought to trial from the public or to keep the identity of any witness a secret from the pregnant person or the pregnant person’s attorney.
Nebraska Revised Statutes 28-325
Abortion; declaration of purpose.
Legal officials of the State of Nebraska assert:
(1) That the United States Supreme Court, through its decision of the Roe v Wade case, has forced the state of Nebraska to suspend laws it believes protect fetuses. Sections 28-325 to 28-345 are not meant to encourage pregnant people to have abortions at any stage of pregnancy, but are an expression of the will of the people of the State of Nebraska and its lawmakers to provide protection for the life of the fetus whenever possible;
(2) That the lawmakers of Nebraska are against the abortions that have and will occur in Nebraska because of the United States Supreme Court’s decision on abortion of January 22, 1973;
(3) That it is in the interest of the people of the State of Nebraska that every step be taken to protect every fetus able to live outside of the womb that is aborted, and every step be taken to save the life of any fetus which lives through an abortion
(4) That currently this state is prevented from making laws against abortion that it believes would protect pregnant women and fetuses
(5) That it is in the interest of the people of the State of Nebraska for accurate records to be kept in order to provide the best possible reproductive healthcare and education;
(6) That the current practices of pre-abortion screening and counseling are not always enough to protect the health needs of pregnant people;
(7) That setting legal guidelines for the minimum amount of pre-abortion screening and counseling to be given to pregnant people is believed by Nebraska lawmakers to be a way of protecting the well-being of pregnant people and making sure that abortion providers have as much information about the pregnant person’s health as possible in order to make well-informed medical opinions; and
(8) That providing the ability to bring legal action against those who perform illegal abortions or encourage pregnant people to perform their own abortions is an important way to protect the health of pregnant people.
Nebraska Revised Statutes 28-326
In sections 28-325 to 28-345, unless otherwise stated:
(1) “Abortion” means the use or prescription of any instrument, medicine, drug, or other substance or device to purposefully end a pregnancy of someone known to be pregnant for any other reason than increasing the chance of the fetus being born alive, to save the life or better the health of the fetus after live birth, or to remove a dead fetus, and which causes the early ending of the pregnancy;
(2) “Complications associated with abortion” means any negative physical, mental, or emotional reaction that is reported in a scholarly journal to be associated with abortion with less than a five percent chance that the result is a coincidence
(3) “Conception” means the fusion of a human sperm cell with a human egg cell;
(4) “Emergency situation” means that a pregnant person has been decided by a capable healthcare professional to be in a condition which endangers their health to the point of making an immediate abortion necessary to prevent their death or other serious, irreversible effects to their health.
(5) “Hospital” means medical facilities licensed by the Department of Health and Human Services according to the Health Care Facility Licensure Act;
(6) “Negligible risk” means a risk that is not important enough to be considered in making a decision to voluntarily undergo a medical procedure;
(7) “Partial-birth abortion” means an abortion in which the fetus is brought partially into the birth canal for the procedure, then removed from the body. For purposes of this section, the term “brought partially into the birth canal for the procedure” means purposefully dilating the cervix of a pregnant person so that the fetus may be brought part-way into the vagina for the purpose of performing a procedure that the physician knows will stop the heartbeat of the fetus and does stop the heartbeat of the fetus;
(8) Physician means any person licensed to practice medicine in the State of Nebraska according to the Uniform Credentialing Act;
(9) “Pregnant” means that condition of a person who has a fetus within them as the result of conception;
(10) “Probable gestational age of the fetus” means how long it has been since the first day of the pregnant person’s last period at the time an abortion is planned to be performed;
(11) “Risk factor associated with abortion” means any physical, mental, emotional, demographic, or situational factor which has been statistically shown within a five percent probability (P < .05) to complicate an abortion. Information on risk factors to be considered accurate is that which has been published in scholarly journals indexed by the United States National Library of Medicine’s search services (PubMed or MEDLINE) and in any journals included in the Thomson Reuters Scientific Master Journal List not less than twelve (12) months before the day a pre-abortion screening is provided;
(12) “Self-induced abortion” means any abortion or emptying of the uterus attempted or completed by a pregnant person on their own body;
(13) “Ultrasound” means the use of sound waves to create images, specifically to determine the health of a fetus;
(14) “Viability” means that stage of development in which a fetus can stay alive outside the womb with or without the help of medical technology; and
(15) “Pregnant person” means any human being carrying a live fetus inside of their uterus; this definition is not dependent on whether the person is considered an adult or a minor under the law
Nebraska Revised Statutes 28-327
Abortion; voluntary and informed consent required; exception.
No abortion shall can take place unless the pregnant person voluntary consents after being given information about the procedure. Except in the case of an emergency situation, consent to an abortion is voluntary and informed only if:
(1) The pregnant person is told the following by the physician who is to perform the abortion, by the referring physician, or by a physician assistant or registered nurse licensed under the Uniform Credentialing Act who works under either physician, at least twenty-four hours before the abortion:
(a) The medical risks of the abortion procedure to be performed, including accurate information about possible infection, bleeding, wounds in the uterus, danger of complications with future pregnancies, and infertility;
(b) The probable gestational age of the fetus;
(c) The medical risks of remaining pregnant and giving birth; and
(d) That the person cannot be forced by anyone to have an abortion, is not required to have an abortion after seeking information about having one, and can change their mind about having an abortion procedure that has already been scheduled.
The person giving the information mentioned in this section to the pregnant person is only qualified to do so if he or she has had training in each of the following subjects: Sexual and reproductive health; abortion technology; contraceptive technology; short-term counseling skills; community resources and referral; and informed consent. The physician or capable person acting on behalf of the physician may provide this information by telephone using information given by the patient and whatever other relevant information is reasonably available;
(2) The pregnant person is informed by telephone or in person, by the physician who is to perform the abortion, by the referring physician, or by a capable person appointed by either physician, at least twenty-four hours before the abortion:
(a) The name of the physician who will perform the abortion;
(b) That financial aid may be available for prenatal care, childbirth, and neonatal care if the pregnant person wishes to carry the pregnancy to term;
(c) That the father of the fetus is required to help support the child financially if the pregnancy is carried to term, even if he has offered to pay for the abortion;
(d) That the pregnant person has the right to read the printed materials described in section 28-327.01. The physician or person acting on behalf of the physician shall tell the pregnant person that the materials have been provided by the Department of Health and Human Services and that they contain information about pregnancy, fetuses, and agencies which offer alternatives to abortion. If the pregnant person chooses to read the materials, they shall either be provided in person at least twenty-four hours before the abortion or mailed to the pregnant person at least seventy-two hours before the abortion by certified mail, restricted delivery to addressee, which means the postal employee can only deliver the mail to the person it is addressed to. The physician or person acting on behalf of the physician may give their opinion on the provided materials to the patient; and
(e) That the pregnant person has the right to ask for the Department of Health and Human Services’ complete list of health care providers, facilities, and clinics that offer ultrasounds performed by a registered nurse licensed under the Uniform Credentialing Act, including and identifying those which perform ultrasounds free of charge. The list is of providers is arranged by their location and includes the name, address, hours of operation, and telephone number of each facility. If the list is requested by the pregnant person, the physician who is to perform the abortion, the referring physician, or a capable person appointed by either physician must provide it;
(3) If an ultrasound is used before an abortion takes place, the physician who is to perform the abortion, the referring physician, or a physician assistant or registered nurse licensed under the Uniform Credentialing Act, or any qualified person acting under the instruction of either physician, shall:
(a) Perform a standard ultrasound of the fetus at least one hour before the abortion is to take place;
(b) Display the ultrasound images in a way that allows the pregnant person to decide whether or not to view them and ask the patient whether or not they would like to view the ultrasound images. The pregnant person cannot be made to view the ultrasound images using this law; and
(c) If the pregnant person asks questions about the displayed ultrasound image, the questions shall be answered accurately. If the patient requests a detailed medical description of the ultrasound image, one shall be provided that includes the measurements of the fetus, information about the fetal heartbeat if one is present, and information about the external and internal body parts if viewable by ultrasound;
(4) At least one hour prior to the performance of an abortion, a physician, psychiatrist, psychologist, mental health practitioner, physician assistant, registered nurse, or social worker licensed under the Uniform Credentialing Act has:
(a) Evaluated the pregnant person to determine if they feel pressured into seeking or consenting to an abortion;
(b) Evaluated the pregnant person to determine any risk factors they may have associated with abortion;
(c) Informed the pregnant person and the physician who is to perform the abortion of the results of the evaluation in writing. The written evaluation shall include, at a minimum, a checklist identifying both the positive and negative results of the evaluation for each risk factor associated with abortion and both the licensed person’s written certification and the pregnant person’s written certification that the pregnant person was informed of the risk factors associated with abortion as discussed; and
(d) Kept a copy of the written evaluation results in the pregnant person’s permanent record;
(5) If any risk factors associated with abortion were identified, the pregnant person was informed of them in a way that was understood and could be considered in their decision to have the abortion procedure
(a) Each complication associated with each identified risk factor; and
(b) How likely it is that the complication will happen based on recent medical data;
(6) The physician performing the abortion has formed a reasonable medical judgment, documented in the permanent record, that:
(a) The information provided by relevant medical studies shows the risks associated with abortion for patients similar to the physician’s patient are negligible risks;
(b) For the patient to remain pregnant would involve risk of injury to their physical or mental health greater than if the pregnancy were ended by abortion; or
(c) For the patient to remain pregnant would involve less risk of injury to their physical or mental health than if the pregnancy were ended by abortion;
(7) The pregnant person confirms in writing, before the abortion, that:
(a) The information described in section (1) and (2)(a), (b), and (c) has been provided to them;
(b) They have been informed of their right to read the information referred to in section (2)(d); and
(c) The requirements of section (3) have been met if an ultrasound is performed before the abortion procedure; and
(8) Before the performance of the abortion, the physician who is to perform the abortion capable person acting on behalf of the physician receives a copy of the written confirmation described by section (7). A copy of the signed confirmation form will be kept in the patient’s medical record.
Nebraska Revised Statutes 28-327.01
Department of Health and Human Services; printed materials; duties; availability; Internet web site information.
(1) The Department of Health and Human Services will publish these printed materials in language that is easily understood by the average person:
(a) Materials organized by facility location which inform the pregnant person of public and private organizations assisting with pregnancy, childbirth, and dependent children, including adoption agencies and contraceptive providers. The list must include accurate summaries of services offered as well as facilities’ contact information. If an abortion provider does not wish to provide the printed list of organizations, he or she must provide some printed material displaying a toll-free, twenty-four-hour telephone number which patients may call to orally obtain the list, summaries of services, and contact information;
(b) Materials describing the typical anatomy and body functions of a fetus at two-week intervals from the earliest time when pregnancy can be detected by a blood test to full term, including an illustration for each stage, and any relevant information about the survival of the fetus. Any illustrations must include information about the average size of a fetus at that stage and must be an accurate representation of the stage of pregnancy depicted. The materials must be objective (meaning they are not written to express an opinion about their topic), nonjudgmental, and give only accurate scientific information. The materials must also objectively describe how each type of abortion procedure is performed, the medical risks specific to each procedure, the possible effects of abortion on mental health (if any), common medical risks of abortion in general, and the common medical risks of carrying a pregnancy to term; and
(c) A complete list of healthcare providers, facilities, and clinics that offer ultrasounds performed by a registered nurse licensed under the Uniform Credentialing Act, including and identifying those which perform ultrasounds free of charge. The list of providers is arranged by their location and includes the name, address, hours of operation, and telephone number of each facility.
(2) The materials must be printed in font and size that is easy to read
(3) The printed materials required under this section can be purchased by any person or organization from the Department of Health and Human Services for an amount equal to the cost of producing the materials.
(4) The Department of Health and Human Services shall make a printable list of public and private organizations (ordered by location) offering mental health services for pregnant individuals (namely those feeling negative emotions following a risk factor evaluation) available on its website, including outpatient services, in-person crisis intervention services, and crisis hotlines. The materials shall include a complete list of available services, descriptions of those services, contact information for the organizations offering those services, and the department’s toll-free, twenty-four-hour telephone number which may be called to orally obtain the list of services, service descriptions, and contact information. The department shall update the information provided in these materials as necessary.
Nebraska Revised Statutes 28-327.02
Abortion; emergency situation; physician; duties.
When an emergency situation makes an abortion necessary, the physician shall tell the pregnant person, before the abortion if possible, why the abortion is necessary to prevent that person from dying or suffering serious, irreversible effects to their health.
Nebraska Revised Statutes 28-327.04
Civil cause of action; authorized; evidence of professional negligence; attorney’s fee.
Any person upon whom an abortion has been performed or attempted or the parent or guardian of a minor upon whom an abortion has been performed or attempted in violation of section 28-327 may take legal action against the person who performed or attempted to perform the abortion. Any action in violation of section (1), (2), (3), (7), or (8) of section 28-327 is professional negligence. The written and signed documents described in sections (4) and (7) of section 28-327 may be used as evidence that the abortion provider acted within the law. If the court finds the abortion provider innocent, the person who brought the case against him or her may be required to pay the abortion provider’s attorney’s fees.
Nebraska Revised Statutes 28-327.05
Civil action; anonymity of woman; procedures.
In every legal action taken under section 28-327.04, the court will rule whether the identity of the pregnant person upon whom an abortion was performed or attempted will remain a secret from the public if that person does not give their consent to be identified. If the court decides to protect the pregnant person’s identity, it shall issue orders to everyone involved in the legal process to do so, seal of the court records, and prevent unnecessary people from entering courtrooms or hearing rooms. The court will provide a written explanation for how it decided the pregnant person’s identity should remain private, why it is necessary to protect the pregnant person’s identity, what actions specific to that case’s legal process will be taken to protect the pregnant person’s identity, and why no less restrictive action could be taken. Even if the court does not rule that the pregnant person’s identity must be kept a secret from the general public, anyone other than a public official who takes legal action according to section 28-327.04 must use a false name for the pregnant person if that person does not give their written consent for their legal name to be used. This section may not be used as a reason to hide the identity of the abortion provider brought to trial from the public or to keep the identity of any witness a secret from the pregnant person or the pregnant person’s attorney.
Nebraska Revised Statutes 28-327.09
Minor; burden of proof.
If a physician performed an abortion on a minor without providing the information required in section 28-327 to the minor’s parent or legal guardian, then the physician is responsible for proving that the minor was capable of understanding the information.
Nebraska Revised Statutes 28-327.10
Except in the case of an emergency situation, if a pregnant person is given the information required by section 28-327 less than twenty-four (24) hours before their scheduled abortion, the physician is responsible for proving that the pregnant person had enough time to make an informed decision, given the person’s age, maturity, emotional state, and mental capacity, to understand and consider the information.
Nebraska Revised Statutes 28-327.11
Civil action; rebuttable presumption; noneconomic damages; expert witness; physician deemed transacting business; affirmative defense; additional remedies.
In a court case involving section 28-327, the following shall apply:
(1) If the court must determine whether the abortion provider acted according to the law and if the written consent of the pregnant person should be considered reliable in proving that person’s ability to agree to undergo an abortion, failure of the abortion provider to follow the requirements of section 28-327 should be taken as evidence that the pregnant woman would not have undergone the abortion had section 28-327 been followed by the physician;
(2) Lack of physical injury to a patient during an abortion procedure injury cannot prevent an appropriate party from suing the abortion provider for monetary compensation related to pain, suffering, inconvenience, mental suffering, emotional distress, psychological trauma, loss of personal relationships, loss of social group involvement, injury to reputation, or humiliation associated with the abortion;
(3) A physician may still be an expert witness in an abortion case even if he or she does not perform elective abortions or has not performed elective abortions in the past. A licensed obstetrician or family practitioner who regularly treats pregnant women may be qualified to testify as an expert on the screening, counseling, management, and treatment of pregnancies;
(4) Any physician who advertises his or her services within the State of Nebraska will be considered to be conducting business within the State of Nebraska according to section 25-536 and must follow the guidelines of section 28-327;
(5) If statistically validated surveys of the general population of women of reproductive age conducted within the three years before or after the abortion took place demonstrate that less than five percent of women would consider the information required to be provided to patients seeking abortion services under section 28-327 to be relevant in making the abortion decision to undergo an abortion procedure, the survey results may be used in court to defend an abortion provider who has been accused of not properly providing the information required by section 28-327; and
(6) In addition to the other legal actions which may be taken, a person who has underwent an attempted or completed abortion, or that person’s survivors, may sue any person, other than a physician or pharmacist licensed under the Uniform Credentialing Act, who has attempted or completed an abortion, or assisted someone in self-inducing an abortion, with reckless endangerment. Proof of injury is not required to sue for reckless endangerment, including in cases seeking compensation for wrongful death, under this subdivision.
Nebraska Revised Statutes 28-327.12
Statute of limitations; tolled; section, how construed; violations; how treated.
(1) If someone petitions to take legal action against another party regarding section 28-327, any lawsuits concerning the incident must be filed between the time the petition is being and two years after it is finished being reviewed.
(2) Nothing in section 28-327 can be used to define a standard of care for any medical procedure other than an induced abortion.
(3) A violation of part (4), (5), or (6) of section 28-327 cannot be used as a reason to take away a physician’s license to practice medicine or surgery according to the Uniform Credentialing Act.
Nebraska Revised Statutes 28-328
Partial-birth abortion; prohibition; violation; penalties.
(1) No partial-birth abortion may be performed in Nebraska unless it is necessary to save the life of a pregnant person dying from a physical disorder, physical illness, or physical injury, including those caused by the pregnancy itself.
(2) Intentionally performing a partial-birth abortion which is unlawful according to subsection (1) of this section is a Class III (3) felony.
(3) No one upon whom an unlawful partial-birth abortion is performed can be punished under this section or for conspiracy to violate this section.
(4) Intentionally performing an unlawful partial-birth abortion will result in the automatic loss of the physician’s license to practice medicine in Nebraska by the Division of Public Health according to sections 38-177 through 38-1,102.
(5) In the event that the Attorney General or a county attorney files criminal charges under this section, the Attorney General must also file a petition to take away the license of the physician’s license to practice medicine under section 38-186. A court hearing to decide the result of the petition must be scheduled according to section 38-188. At the hearing, the physician in question is able to present evidence in an effort to prove that he or she was acting according to the law. The physician may also seek to delay the beginning of the trial until after the entry of an order by the Director of Public Health according to section 38-196. The director’s decision during the petition hearing may be used as evidence in any criminal proceedings filed under this section.
Nebraska Revised Statutes 28-329
Abortion; when not to be performed.
No abortion shall be performed after the point the fetus is determined to be able to survive outside the womb, except when necessary to prevent the death of or irreversible injury to the pregnant person.
Nebraska Revised Statutes 28-330
Abortion procedure; protection of viable, unborn child.
During any abortion performed according to section 28-329, all possible actions determined by the physician performing the procedure to increase the chances of the viable fetus being delivered alive shall be taken
Nebraska Revised Statutes 28-331
Care and treatment of child aborted.
When a fetus is delivered alive during an abortion procedure, all appropriate steps must be taken to keep it alive. To be considered “born alive” the fetus must have completely exited the pregnant person’s body and either breathe or show other evidence of life such as a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.
Nebraska Revised Statutes 28-335
Abortion by other than licensed physician; penalty; physical presence; violation; penalty.
(1) The performing of an abortion by any person other than a licensed physician is a Class IV (4) felony.
(2) No abortion may take place unless the medical professional who approved the procedure is in the same room with the patient when the procedure begins. Any person who purposefully or accidentally violates this subsection shall be guilty of a Class IV (4) felony. This section may not be used to punish the patient in a situation where this subsection has been violated.
Nebraska Revised Statutes 28-336
Abortion by other than accepted medical procedures; penalty.
The performing of an abortion by using anything other than accepted medical procedures is a Class IV (4) felony.
Nebraska Revised Statutes 28-337
Hospital, clinic, institution; not required to admit patient for abortion.
No hospital, clinic, institution, or other facility in Nebraska is required to admit a patient for the purpose of performing an abortion, nor required to allow abortions to be performed in the facility, but the facility must inform the patient of its policy not to participate in abortion procedures. No legal action may be taken against a facility for refusing to perform or allow an abortion.
Nebraska Revised Statutes 28-338
No person required to perform an abortion; no liability for refusal.
No person shall be required to perform or participate in any abortion, and no legal action may be taken against those who refuse. No hospital, governing board, or any other person, firm, association, or group shall may fire, alter the position of, or otherwise harm the occupation of an employee person who refuses to participate in an abortion.
Nebraska Revised Statutes 28-339
Discrimination against person refusing to participate in an abortion; violation; penalty.
Any violation of section 28-338 is a Class II (2) misdemeanor.
Nebraska Revised Statutes 28-340
Discrimination against person refusing to participate in an abortion; damages.
Any person whose employment has been affected in a way that goes against sections 28-325 through 28-345 may sue their employer in district court for monetary compensation, including compensation for lost wages and court costs.
Nebraska Revised Statutes 28-341
Discrimination against person refusing to participate in an abortion; injunctive relief.
Any person whose employment has been negatively affected because of his or her refusal to participate in an abortion may be protected from further harm during the legal process by providing evidence to the district court of actions taken by his or her employers that have resulted in protection in other similar cases.
Nebraska Revised Statutes 28-343
Department of Health and Human Services; abortion reporting form; items included; confidential.
The Department of Health and Human Services will provide an abortion reporting form to be used for the reporting of every abortion performed in the State of Nebraska. The form will include the following items:
(1) The age of the pregnant person;
(2) The location of the facility where the abortion was performed;
(3) The type of procedure performed;
(4) Complications, if any;
(5) The name of the attending physician;
(6) The pregnant person’s medical history regarding previous pregnancies, abortions, and live births;
(7) The stated reason or reasons for which the abortion was requested;
(8) The state of the pregnant person’s legal residence;
(9) The length and weight of the aborted fetus, when measurable;
(10) Whether an emergency situation caused the physician to waive any of the requirements of section 28-327; and
(11) Other information which could be required given the situation according to section 71-602.
The completed form shall be signed by the attending physician and sent to the department within fifteen days of the end of the monthly reporting period. The completed form shall be an original, typed or neatly written in good quality ink, and no form shall be considered complete if it is missing information required by law. The abortion reporting form shall not include the name of the patient, and shall remain private unless requested by court order in a civil or criminal trial.
Nebraska Revised Statutes 28-345
Department of Health and Human Services; permanent file; rules and regulations.
The Department of Health and Human Services is required to keep permanent records of the information submitted on the abortion reporting forms according to established department rules and regulations, and the data it produces from those records must be made available to the public. Under no circumstances should the department’s report records include the identity of any attending physician or facility which provides abortions. The department is required to file any new or amended information to keep the records current.
Nebraska Revised Statutes 28-706
Criminal nonsupport; penalty; exceptions.
(1) Any person who intentionally does not pay child support as they are legally required to a spouse, minor child, minor stepchild, or other dependent person commits criminal nonsupport.
(2) A parent or guardian who refuses to pay hospital costs, medical costs, or any other costs related to an abortion procedure performed on a minor child or minor stepchild does not commit criminal nonsupport if:
(a) The parent or guardian was not made aware of the procedure before it took place; or
(b) After being made aware that the procedure was to take place, the parent or guardian refused to consent to the procedure, and the procedure was not determined necessary to protect the life or long-term health of the minor child or stepchild
(3) Support includes, but is not limited to, food, clothing, medical care, and shelter.
(4) A person’s assets and how they use their income can be used according to section 68-922 shall to determine if that person has failed to provide medical support of such individual’s spouse
(5) This section does not exclude any type of legal action from being taken
(6) Except as described in subsection (7) of this section, criminal nonsupport is a Class II (2) misdemeanor.
(7) Criminal nonsupport is a Class IV (4) felony if it is in violation of a court order
Nebraska Revised Statutes 29-2016
Trial; order of procedure.
After the jury has been selected and sworn in, the trial should take place in this order: (1) The legal representative for the State of Nebraska must state the purpose of the trail and may quickly mention the evidence the case centers on; (2) the person the case has been brought against or that person’s legal representative must then state why he or she should not be charged under the law and may quickly mention any evidence supporting that idea; (3) the state must first discuss its evidence; then the person the case has been brought against defendant must discuss his or her evidence; (4) the state must then disprove the evidence of the person the case has been brought against, unless the court has decided that the state may give more details about its evidence; (5) when both parties have finished presenting their evidence, either party may ask that the judge give instructions to the jury on the points of law, the judge will decide if the action is appropriate, and if instructions are to be given, the judge may decide whether the instructions should be given in writing; (6) after that, unless the case is submitted without argument, the legal representative for the state will explain why legal action should be brought against the other party, the person the case is being brought against or that person’s legal representative explain in response why charges should not be brought against them, and the legal representative for the state gives a last statement arguing the state’s point to the jury; (7) immediately after that, any final considerations that could not be worked into the parties’ arguments are given to the jury in writing; these written arguments may not be orally modified, and shall be included in the jury’s discussion as to whether the defending party is innocent or guilty as well as used to explain how they came to their decision when presenting it to the court. These written considerations shall remain on file with the papers of the case.
Nebraska Revised Statutes 29-2308
Reduction of sentence; conditions; appellate court; powers.
(1) In all criminal cases that may be at any point under consideration by the Court of Appeals or Supreme Court, the appellate court may reduce the sentence given to the guilty party by the district court if it finds the sentence to be excessive, and the appellate court is responsible for using the evidence of the case to support its opinion. No judgment shall be set aside, new trial granted, or new judgment made in any criminal case in the event that the jury was mislead, that evidence was improperly allowed or rejected, or for any other error in court procedure if the appellate court decides it did not majorly affect the outcome of the trail.
(2) In all criminal cases where the offenses in question have sentences to be determined by the court under subsection (2) of section 29-2204.02, the appellate court may decide that a sentence is too extreme if a district court did not provide good enough reasons for giving a sentence other than probation.
Nebraska Revised Statutes 38-178
Disciplinary actions; grounds.
Except as otherwise described sections 38-1,119 to 38-1,123, a credential (legally required qualification) to practice a profession may be denied, refused renewal, or have other disciplinary measures taken against it according to section 38-185 or 38-186 in the event of any of the following:
(1) Providing false information when applying for or attempting to apply for a credential;
(2) Immoral or dishonorable behavior which reflects badly on one’s ability to practice the profession in this state;
(3) Abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance;
(4) Failure to follow a treatment program or an aftercare program, including, but not limited to, a program entered into under the Licensee Assistance Program established under section 38-175;
(5) Conviction of (a) a misdemeanor or felony under Nebraska law or federal law, or (b) a crime committed somewhere else which, if it had been committed within this state, would have been considered a misdemeanor or felony under Nebraska law and which reflects poorly on the applicant or credential holder’s ability to practice the profession;
(6) Practice of the profession (a) without required credentials, (b) beyond its approved scope, (c) with necessary skills or precautions, or (d) in a pattern of actions demonstrating a lack of necessary skills or precautions;
(7) Practice of the profession while the ability to practice is impaired by alcohol, controlled substances, drugs, mind-altering substances, physical disability, mental disability, or emotional disability;
(8) Physical or mental inability to practice the profession as determined by a legal judgment or other method under the law;
(9) Illness, weakening, or disability that impairs the ability to practice the profession;
(10) Permitting, assisting, or otherwise knowingly allowing the practice of a profession or the performance of activities requiring a credential by a person not credentialed to do so;
(11) Having had his or her credential denied, refused renewal, limited, suspended, revoked, or disciplined in any manner similar to section 38-196 by another state or local legal system based upon acts by the applicant or credential holder similar to acts described in this section;
(12) Use of untruthful, deceptive, or misleading statements in advertisements, including failure to follow guidelines in section 38-124;
(13) Conviction of fraudulent or misleading advertising or conviction of a violation of the Uniform Deceptive Trade Practices Act;
(14) Distribution of intoxicating liquors, controlled substances, or drugs for any other than lawful purposes;
(15) Violations of the Uniform Credentialing Act or the rules and regulations relating to the particular profession;
(16) Unlawful invasion of the field of practice of any profession regulated by the Uniform Credentialing Act which the credential holder is not credentialed to practice;
(17) Violation of the Uniform Controlled Substances Act or any rules and regulations adopted according to the act;
(18) Failure to file a report required by section 38-1,124, 38-1,125, or 71-552;
(19) Failure to maintain the requirements necessary to obtain a credential;
(20) Violation of an order issued by the department;
(21) Violation of an agreement of entered into under section 38-1,108;
(22) Failure to pay an administrative penalty;
(23) Unprofessional conduct as defined in section 38-179; or
(24) Violation of the Automated Medication Systems Act.
Nebraska Revised Statutes 38-179
Disciplinary actions; unprofessional conduct, defined.
For purposes of section 38-178, “unprofessional conduct” means any action taken that is outside of what considered acceptable and standard practice of a profession or the ethics of the profession, regardless of whether a person, consumer, or entity is injured, or action that is likely to deceive the public or is harmful to the public interest, including, but not limited to:
(1) Charging people to supposedly cure their disease when it is actually incurable;
(2) Agreeing to split any money received for professional services with any person for bringing or referring a consumer to them unless that person is (a) with a partner or employee of the applicant or credential holder or his or her office or clinic, (b) with a landlord of the applicant or credential holder pursuant to a written agreement that provides for payment of rent based on gross receipts, (c) with a former partner or employee of the applicant or credential holder based on a retirement plan or separation agreement, or (d) by a person credentialed according to the Water Well Standards and Contractors’ Practice Act;
(3) Obtaining any monetary compensation for professional services by fraud, deceit, or misrepresentation, including, but not limited to, falsification of insurance claim documents;
(4) Cheating on the credentialing examination;
(5) Assisting in the care or treatment of a consumer without the consent of such consumer or his or her legal representative;
(6) Use of any letters, words, or terms, in advertisements, or otherwise, indicating that such person is entitled to practice a profession for which he or she is not credentialed;
(7) Performing, finding someone to perform, helping someone to perform, or otherwise knowingly allowing someone to perform a criminal abortion;
(8) Knowingly discussing private patient information except as otherwise permitted by law;
(9) Committing of any act of sexual abuse, misconduct, or exploitation related to the practice of the profession of the applicant or credential holder;
(10) Failure to keep and maintain appropriate records of treatment or service;
(11) Prescribing, administering, distributing, dispensing, giving, or selling any controlled substance or other drug recognized as addictive or dangerous for other than a medically accepted therapeutic purpose;
(12) Prescribing any controlled substance to (a) oneself or (b) except in the case of a medical emergency (i) one’s spouse, (ii) one’s child, (iii) one’s parent, (iv) one’s sibling, or (v) any other person living in the same household as the prescriber;
(13) Failure to comply with any federal, state, or local law, ordinance, rule, or regulation that pertains to the profession;
(14) Disruptive behavior, whether verbal or physical, which interferes with patient care or could reasonably be expected to interfere with such care; and
(15) Such other acts as may be defined in rules and regulations.
Nothing in this section shall be taken to mean that additional actions not mentioned here cannot be determined to be unprofessional in individual cases.
Nebraska Revised Statutes 38-193
Credential; disciplinary action; partial-birth abortion; director; powers and duties.
If a petition for legal action is brought about under subdivision (3) of section 38-2021, the director shall decide whether the physician’s actions were within the law. The director has the final say in deciding whether or not the physician keeps his or her license to practice according to section 38-196, regardless of the petition.
Nebraska Revised Statutes 38-2021
Unprofessional conduct, defined.
“Unprofessional conduct” means any action taken that is outside of what considered acceptable and standard practice of a profession or the ethics of the profession, regardless of whether a person, consumer, or entity is injured, or action that is likely to deceive the public or is harmful to the public interest, including, but not limited to:
(1) Performance of an abortion (as defined in subdivision (1) of section 28-326) in the event that he or she will not be available for a period of at least forty-eight hours for postoperative care unless responsibility for the patient’s postoperative care has been handed over to and accepted by another physician;
(2) Performing an abortion upon a minor without having met the requirements of sections 71-6901 through 71-6911;
(3) Purposely performing an unlawful partial-birth abortion
(4) Performance an abortion in violation of the Pain-Capable Unborn Child Protection Act.
Nebraska Revised Statutes 38-3424
Abortion counseling or referral; act; how construed; refusal to participate in counseling or referral; how treated.
The Genetic Counseling Practice Act may not be used to require any genetic counselor to counsel or refer for abortion, and licensing of a genetic counselor may not be affected by his or her participation in counseling or referral with respect to abortion. The refusal of a genetic counselor to participate in counseling or referral with respect to abortion cannot be used to bring legal action against the genetic counselor for monetary compensation or disciplinary action on account of the refusal if the genetic counselor informs the patient that he or she refuses to participate and offers to direct the patient to the online directory of licensed genetic counselors maintained by the department.
Nebraska Revised Statutes 44-1615.01
Public employees; abortion coverage; limitations.
No federal funding may be used to cover the cost of abortion procedures or related medical expenses (as defined in section 28-326) unless the abortion is determined to be necessary to prevent the death of or irreversible injury to the pregnant person. This section does not prevent private insurance companies from offering abortion coverage if the costs for such coverage are paid solely by the employee.
Nebraska Revised Statutes 44-8402
(1) The Legislature finds that:
(a) In the federal Patient Protection and Affordable Care Act, Public Law 111-148, federal tax dollars are routed via affordability credits to qualified health insurance plans offered through a health insurance exchange created under the act, including plans that provide coverage for abortion;
(b) Federal funding for health insurance plans that cover abortions is prohibited by both the Hyde Amendment and the Federal Employees Health Benefits Program established under Chapter 89 of Title 5 of the United States Code, as amended;
(c) Section 1303 of the federal Patient Protection and Affordable Care Act allows each state to pass laws forbidding qualified health insurance plans offered through a health insurance exchange created under the act in that state from offering abortion coverage as well as allows a state to prohibit the use of public funds to subsidize health insurance plans that cover abortions within the state;
(d) The laws of the State of Nebraska state that group health insurance plans or health maintenance agreements paid for with public funds shall not cover abortion unless necessary to prevent the death of the pregnant person;
(e) Rust v. Sullivan, 500 U.S. 173 (1991), determined that states are allowed to unequally distribute funding between efforts they consider in support of abortion and efforts they consider in support of medical services that have determined are more worthy of public interest; and
(f) A majority of the citizens of the State of Nebraska oppose the use of public funds, both federal and state, to pay for abortions
(2) Based on subsection (1) of this section, the Mandate Opt-Out and Insurance Coverage Clarification Act allow qualified health insurance plans that cover abortions to participate in health insurance exchanges within the State of Nebraska. However, it is also the purpose of the act to limit the coverage of abortion in all health insurance plans, contracts, or policies delivered or issued for delivery in the State of Nebraska.
Nebraska Revised Statutes 44-8403
Qualified health insurance plan offered through health insurance exchange; abortion coverage; restriction; health insurance plan, contract or policy; optional rider.
(1) No abortion coverage shall be provided by a qualified health insurance plan offered through a health insurance exchange created following the creation of the federal Patient Protection and Affordable Care Act, Public Law 111-148, within the State of Nebraska. This subsection does not affect insurance coverage for an abortion which is verified in writing by the attending physician as necessary to prevent the death of the pregnant person or insurance coverage for medical complications arising from an abortion.
(2) No health insurance plan, contract, or policy delivered or issued for delivery in the State of Nebraska shall provide coverage for an elective abortion except through an optional rider to the policy for which an additional fee is paid by the insured person. This subsection applies to any health insurance plan, contract, or policy delivered or issued for delivery in the State of Nebraska by any health insurer, any nonprofit hospital, medical, surgical, dental, or health service corporation, any group health insurer, and any health maintenance organization subject to the laws of insurance in this state and any employer providing self-funded health insurance for his or her employees. This subsection also applies to any plan which provides hospital, medical, surgical, or funeral benefits or of coverage against accidental death or injury if such benefits or coverage are incidental to or a part of any other insurance plan delivered or issued for delivery in the State of Nebraska.
(3) The issuer of a health insurance plan, contract, or policy in the State of Nebraska shall not provide any incentive or discount to an insured person for taking part in the policy rider regarding abortion coverage.
(4) For purposes of this section, “elective abortion” means an abortion (a) other than a spontaneous abortion (miscarriage) or (b) that is performed for any reason other than to prevent the death of the pregnant person.
Nebraska Revised Statutes 44-8404
Act; not construed as right to abortion.
Nothing in the Mandate Opt-Out and Insurance Coverage Clarification Act may be used to creating a right to an abortion.
Nebraska Revised Statutes 48-1111
Different standards of compensation, conditions, or privileges of employment; lawful employment practices; effect of pregnancy and related medical conditions.
(1) Except as otherwise stated in the Nebraska Fair Employment Practice Act, it is not unlawful for employers to apply different standards of compensation, or different terms, conditions, or privileges of employment based on a seniority or merit system or a system which measures earnings by quantity or quality of production or to employees who work in different locations, if such differences are not the result of an intention to discriminate because of race, color, religion, sex, disability, marital status, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test if such test, its administration, or action upon the results is not designed, intended, or used to discriminate because of race, color, religion, sex, disability, marital status, or national origin.
It is not unlawful for an employer (a covered entity) to deny privileges of employment to an individual with a disability when the qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability:
(a) Have been shown to be job-related and consistent with business necessity and such performance cannot be accomplished by reasonable accommodation, as required by the Nebraska Fair Employment Practice Act and the federal Americans with Disabilities Act of 1990; or
(b) Include a requirement that an individual shall not pose a direct threat, involving a significant risk to the health or safety of other individuals in the workplace,that cannot be eliminated by reasonable accommodation.
It unlawful for an employer to refuse employment based on a policy of not employing both husband and wife if such policy is equally applied to both sexes.
(2) Except as otherwise stated in the Nebraska Fair Employment Practice Act, women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of employee benefits, as other persons similar in their ability or inability to work, and nothing in this section shall be interpreted to say otherwise.
This section shall not require an employer to provide employee benefits for abortion except when medical complications have resulted from an abortion.
Nothing in this section shall prevent an employer from providing employee benefits for abortion under fringe benefit programs or otherwise affect bargaining agreements in regard to abortion.
Nebraska Revised Statutes 68-907
For purposes of the Medical Assistance Act:
(1) “Committee” means the Health and Human Services Committee of the Legislature;
(2) “Department” means the Department of Health and Human Services;
(3) “Medicaid Reform Plan” means the Medicaid Reform Plan submitted on December 1, 2005, following the Medicaid Reform Act enacted according to Laws 2005, LB 709;
(4) “Medicaid state plan” means the complete written document, developed and revised by the department and approved by the federal Centers for Medicare and Medicaid Services, which describes the nature and range of the medical assistance program and assures that the department will operate the program following federal requirements;
(5) “Provider” means a person providing health care or related services under the medical assistance program;
(6) “School-based health center” means a health center that:
(a) Is located in or next to a school facility;
(b) Is organized through school, school district, learning community, community, and provider relationships;
(c) Is managed by a sponsoring facility;
(d) Provides school-based health services onsite during school hours to children and adolescents by health care professionals according to state and local laws, rules, and regulations, established standards, and community practice;
(e) Does not perform abortion services or refer or counsel for abortion services and does not dispense, prescribe, or counsel for contraceptive drugs or devices; and
(f) Does not serve as a child’s or an adolescent’s main medical or dental facility but functions in addition to and supports services provided by the main medical or dental facility;
(7) School-based health services may include any combination of the following in partnership with a sponsoring facility, the school district, and the community:
(a) Medical health;
(b) Behavioral and mental health;
(c) Preventive health; and
(d) Oral health;
(8) Sponsoring facility means:
(a) A hospital;
(b) A public health department as defined in section 71-1626;
(c) A federally qualified health center as defined in section 1905(l)(2)(B) of the federal Social Security Act, 42 U.S.C. 1396d(l)(2)(B), as such act and section existed on January 1, 2010;
(d) A nonprofit health care organization whose mission is to provide access to comprehensive primary health care services;
(e) A school or school district; or
(f) A program administered by the Indian Health Service or the federal Bureau of Indian Affairs or operated by an Indian tribe or tribal organization under the federal Indian Self-Determination and Education Assistance Act, or an urban Indian program under Title V (5) of the federal Indian Health Care Improvement Act, as such acts existed on January 1, 2010; and
(9) “Waiver” means the waiver of the application of one or more requirements of federal law relating to the medical assistance program in the state of Nebraska based on an application by the department and approval of such application by the federal Centers for Medicare and Medicaid Services.
Nebraska Revised Statutes 68-1722
Legislative findings; case management practices and supportive services; department; powers and duties; extension of time limit on cash assistance; when.
The Legislature finds that the state is responsible for helping its citizens achieve self-sufficiency. The Department of Health and Human Services shall use case management practices and support services to the extent necessary to assist in citizens in becoming self-sufficient sufficiency within the time limit on participation determined in section 68-1724.
The department may purchase case management services. It is the goal of the Legislature that any case management services used by the department shall emphasize communication skills; appropriate interviewing techniques; and methods for positive feedback, support, encouragement, and counseling. The case management provided shall also include a recognition of family dynamics and emphasize working with all family members; shall respect diversity; shall empower individuals; and shall include recognizing, capitalizing, and building on a family’s strengths and existing support network. It is the intent of the Legislature that a case manager would typically take on no more than seventy (70) families at a time.
Supportive services shall include, but not be limited to, assistance with transportation expenses, participation and work expenses, parenting education, family planning, budgeting, and relocation to provide for specific needs critical to the recipient’s or the recipient family’s self-sufficiency contract. For purposes of this section, family planning shall not include abortion counseling, referral for abortion, or funding for abortion. If the state fails to meet the specific terms of the self-sufficiency contract, the time limit on cash assistance under section 68-1724 shall be extended.
Nebraska Revised Statutes 71-20,121
Disposition of remains of child born dead; hospital; duties.
(1) Every hospital licensed under the Health Care Facility Licensure Act shall uphold a written policy for the disposal of fetal tissue in the event that the fetus is deceases at the point when it leaves the pregnant person’s body at such hospital. A parent of the fetus shall have the right to decide what is to be done with the fetal remains, except that this decision may be made by the hospital if no direction is given by a parent within fourteen (14) days following the delivery of such remains. Hospital policy and practices of disposition shall follow all appropriate regulations of state and federal law. Upon the delivery of a deceased fetus, the hospital shall notify at least one parent of the right to direct the disposition of the remains and shall provide a copy of the written policy.
(2) For purposes of this section, “delivery of a deceased fetus” means a fetus at any stage of gestation (a) which has died in utero, (b) which has been removed from the uterus of a person confirmed to have been pregnant before such removal, and (c) the remains of which can be identified with the naked eye at the time of removal by the attending physician or during a following pathological examination if requested by a parent. This section shall not apply to the performance of an elective abortion.
(3) Except as otherwise provided under the law, nothing in this section shall be interpreted to prohibit any hospital from providing additional notification and assistance to the parent of a deceased fetus at such hospital relating to the disposition of the remains of such fetus, even if such remains cannot be identified with the naked eye at the time of delivery or during a following pathological examination.
Nebraska Revised Statutes 71-602
Department; standard forms; release of information; confidentiality.
(1) The department shall adopt and uphold guidelines regarding forms to be used in registering with or reporting to the department and for certification to the public of any birth, abortion, marriage, annulment, dissolution of marriage, or death registered in Nebraska. Such forms shall (a) provide a method for accurately recording vital events, (b) secure information about the economic, educational, occupational, and sociological backgrounds of Nebraska’s citizens for statistical research in order to reduce morbidity and mortality and improve the quality of life, (c) accomplish these tasks in a uniform manner similar to that which has been established by the United States Public Health Service to the extent allowed by state law, and (d) reduce the costs of gathering information, increase efficiency, and protect the health and safety of the people of Nebraska
(2) All information determined by the department to be health data and statistical research shall be confidential and may be released only to the United States Public Health Service, government health agencies, or appropriate researchers as approved by the department following its rules and regulations. The department may publish analyses of any information received on the forms for scientific and public health purposes in a way that protects the identities of filing individuals. The release of information under this section shall not make otherwise private information available to the public.
Nebraska Revised Statutes 71-705
Women’s Health Initiative Fund; created; use; investment.
The Women’s Health Initiative Fund is created. The fund shall be made up of money received as gifts or grants or collected as fees or charges from any federal, state, public, or private source. Money in the fund shall be used to repay the expenses of the Women’s Health Initiative of Nebraska and expenses of members of the Women’s Health Initiative Advisory Council. Nothing in sections 71-701 through 71-707 requires the Women’s Health Initiative of Nebraska to accept any private donations that are not in keeping with the goals and objectives of the initiative and the Department of Health and Human Services. None of the initiative’s funds may be used to pay for abortion referral or abortion services. Any money in the fund available for investment shall be invested by the state investment officer according to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Nebraska Revised Statutes 71-4825
For purposes of the Revised Uniform Anatomical Gift Act:
(1) “Adult” means an individual who is at least eighteen years of age;
(2) “Agent” means an individual:
(A) Authorized to make health care decisions on another’s behalf by a power of attorney for health care; or
(B) Expressly authorized to make an anatomical gift on another’s behalf by any other record signed by the individual;
(3) “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation, therapy, research, or education;
(4) “Decedent” means a deceased individual whose whole or partial body is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than the Revised Uniform Anatomical Gift Act, a fetus. The term decedent does not include a blastocyst, embryo, or fetus which has undergone an induced abortion;
(5) “Disinterested witness” means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under section 71-4834;
(6) “Document of gift” means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver’s license, identification card, or donor registry;
(7) “Donor” means an individual whose whole or partial body is the subject of an anatomical gift;
(8) “Donor registry” means a data base that contains records of anatomical gifts and amendments to or revocations of anatomical gifts;
(9) “Driver’s license” means a license or permit issued by the Department of Motor Vehicles to operate a vehicle, whether or not conditions are attached to the license or permit;
(10) “Eye bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes;
(11) “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem;
(12) “Hospital” means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state;
(13) “Identification card” means a state identification card issued by the Department of Motor Vehicles;
(14) “Know” means to have actual knowledge;
(15) “Minor” means an individual who is under eighteen years of age;
(16) “Organ procurement organization” means a person designated by the Secretary of the United States Department of Health and Human Services as an organization which may obtain human organs;
(17) “Parent” means a parent whose parental rights have not been terminated;
(18) “Part” means an organ, an eye, or tissue of a human being. The term does not include the whole body;
(19) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
(20) “Physician” means an individual authorized to practice medicine or osteopathy under the law of any state;
(21) “Procurement organization” means an eye bank, organ procurement organization, or tissue bank;
(22) “Prospective donor” means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal;
(23) “Reasonably available” means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift;
(24) “Recipient” means an individual into whose body a decedent’s part has been or is intended to be transplanted;
(25) “Record” means information that has been logged via a physical medium or that is stored electronically and is retrievable;
(26) “Refusal” means a record created under section 71-4830 that expressly states an intent to bar other persons from making an anatomical gift of an individual’s body or part;
(27) “Sign” means, with the present intent to authenticate or adopt a record:
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record an electronic symbol, sound, or process;
(28) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any place or object subject to United States federal law;
(29) “Technician” means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator;
(30) “Tissue” means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education;
(31) “Tissue bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue; and
(32) “Transplant hospital” means a hospital that provides organ transplants and other medical and surgical specialty services required for the care of transplant patients.
Nebraska Revised Statutes 71-6901
For purposes of sections 71-6901 to 71-6911:
(1) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to end the clinically diagnosable pregnancy of a person with knowledge that the procedure will likely cause the death of the fetus. Such use, prescription, or method is not an abortion if done with the intent to:
(a) Save the life or preserve the health of a fetus;
(b) Remove a dead fetus caused by a spontaneous abortion (miscarriage); or
(c) Remove an ectopic pregnancy;
(2) “Coercion” means restricting or manipulating the choice of a pregnant person by force, threat of force, or withholding of food and shelter;
(3) “Consent” means a statement made before a notary public and signed by a parent or legal guardian of the pregnant person (or an alternate person as allowed under section 71-6902.01) asserting that the signee has been informed that the pregnant person intends to undergo a procedure according to subdivision (1) of section 71-6901 and that the signee grant permission for the procedure to take place;
(4) “Department” means the Department of Health and Human Services;
(5) “Emancipated” means a situation in which a person under eighteen years of age has been married or otherwise considered legally independent of his or her parent(s) or guardian(s);
(6) “Facsimile copy” means a copy created by a system that encodes a document or photograph into electrical signals, transmits those signals over telecommunications lines, and then reconstructs the signals to create an exact duplicate of the original document at the receiving end;
(7) “Incompetent” means any person who has been determined to be disabled and has had a guardian appointed under sections 30-2617 to 30-2629;
(8) “Medical emergency” means a situation which a healthcare professional has determined endangers the health of the pregnant person to the point of making an immediate abortion necessary to prevent their death or other serious, irreversible effects to their health.
(9) “Physician” means any person licensed to practice medicine in this state as provided in the Uniform Credentialing Act. Physician includes a person who practices osteopathy; and
(10) “Pregnant person” means an unemancipated person under eighteen years of age who is pregnant or a person for whom a guardian has been appointed according to sections 30-2617 through 30-2629 because of a finding of incapacity, disability, or incompetency who is pregnant.
Nebraska Revised Statutes 71-6902
Performance of abortion; notarized written consent required
Except in the case of a medical emergency or as described in sections 71-6902.01, 71-6903, and 71-6906, no person shall perform an abortion upon a pregnant person unless, in the case of a person who is less than eighteen years of age, the person to perform the abortion obtains the notarized written consent of both the pregnant person and one of their parents or a legal guardians or, in the case of a person for whom a guardian has been appointed under sections 30-2617 through 30-2629, to person to perform the abortion obtains the notarized written consent of the individual’s guardian. In deciding whether to give such consent, a pregnant person’s parent or guardian shall consider only his or her child’s or ward’s best interest.
Nebraska Revised Statutes 71-6902.01
Victim of abuse, sexual abuse, or child abuse or neglect; attending physician; duties; liability.
If the pregnant person declares in a signed written statement that they are a victim of abuse as defined in section 28-351, sexual abuse as defined in section 28-367, or child abuse or neglect as defined in section 28-710 by either of their parents or their legal guardians, then the attending physician shall obtain the notarized written consent required by section 71-6902 from a grandparent specified by the pregnant person. The physician who intends to perform the abortion shall confirm in the pregnant person’s medical record that a written declaration of abuse or neglect has been received. Any physician acting in good faith on a written statement under this section shall not be legally responsible under sections 71-6901 through 71-6911 for failure to obtain consent. If such a declaration is made, the attending physician or a capable person appointed to act on behalf of the physician is to inform the pregnant person of his or her duty to notify the proper authorities according to sections 28-372 and 28-711.
Nebraska Revised Statutes 71-6902.02
Coercion to obtain abortion; prohibited; denial of financial support; effect.
No parent, guardian, or any other person shall coerce a pregnant person to obtain an abortion. If a pregnant person is denied financial support by their parent(s), guardian(s), or custodian(s) due to their refusal to obtain an abortion, the pregnant person shall be considered emancipated for purposes of being able to receive public assistance benefits, except that such benefits may not be used to obtain an abortion.
Nebraska Revised Statutes 71-6903
Abortion; authorized by court; when; procedures; confidentiality and anonymity; guardian ad litem; court order; specific factual findings and legal conclusions.
(1) The requirements and procedures under this section are available to pregnant individuals whether or not they are residents of this state.
(2) If a pregnant person decides not to obtain the consent of their parent(s) or guardian(s), a judge of a district court, separate juvenile court, or county court acting as a juvenile court shall, upon petition or motion and after an appropriate legal process, authorize a physician to perform the abortion if the court determines by clear and convincing evidence that the pregnant person is both reasonably mature and well-informed enough to decide whether to have an abortion. If the court does not make the finding specified in this subsection or subsection (3) of this section, it shall dismiss the petition.
(3) If the court finds, by clear and convincing evidence, that there is evidence of abuse as defined in section 28-351, sexual abuse as defined in section 28-367, or child abuse or neglect as defined in section 28-710 of the pregnant person by a parent or a guardian or that an abortion without the consent of a parent or a guardian is in the best interest of the pregnant woman, the court shall issue an order authorizing the pregnant person to consent to the performance or inducement of an abortion without the consent of a parent or a guardian. If the court does not make the finding specified in this subsection or subsection (2) of this section, it shall dismiss the petition.
(4) A facsimile copy of the petition or motion may be sent directly to the court for filing. If a facsimile copy is filed in place of the original document, the party filing the facsimile copy shall retain the original document to be shown to the court if requested to do so.
(5) A court shall not be required to have a facsimile machine nor shall the court be required to send orders or other material to attorneys or parties via facsimile transmission.
(6) The pregnant person may start an action to waive the consent requirement by the filing of a petition or motion in person, by mail, or by facsimile on a form provided by the State Court Administrator.
(7) The State Court Administrator shall create the petition form and instructions on the procedure for petitioning the court for a waiver of consent, including the name, address, telephone number, and facsimile number of each court in the state. An appropriate number of petition forms and instructions shall be made available in each courthouse in place the can be accessed by members of the general public without the help of the clerk of the court or other court personnel. The clerk of the court shall, upon request, assist in completing and filing the petition for waiver of consent.
(8) Proceedings in court taken according to this section shall be confidential and shall protect the identity of the pregnant person. The pregnant person woman shall have the right to file their petition in the court using a false name or their initials. Proceedings shall be recorded on camera. Only the pregnant person, the pregnant person’s guardian if one has been legally appointed, the pregnant person’s attorney, and a person whose presence is specifically requested by the pregnant person or the pregnant person’s attorney may attend the hearing on the petition. All testimony, all documents, any other evidence presented to the court, the petition and any order entered, and all records relating to the case shall be sealed by the clerk of the court and shall not be open to any person except upon court order obtained with good reason. A separate calendar of actions for the purposes of this section shall be maintained by the clerk of the court and shall also be sealed under the same guidelines as the other records.
(9) A pregnant person affected by this section may participate in the court proceedings on her own behalf. The court shall advise the pregnant woman that she has a right to court-appointed counsel and shall, upon her request, provide her with such counsel. Such counsel shall receive a fee to be fixed by the court and to be paid out of the treasury of the county in which the proceeding was held.
(10) Proceedings in court performed according to this section shall be given priority over other cases so that the court may reach a decision quickly to serve the best interest of the pregnant person. In no case shall the court fail to rule within seven calendar days from the time the petition is filed. If the court fails to rule within the required time period, the pregnant woman may file an application for a writ of mandamus (an order from a court to an inferior government official ordering the government official to properly fulfill their official duties) with the Supreme Court. If cause for a writ of mandamus exists, the writ shall issue within three days.
(11) The court shall issue a written order which includes specific factual findings and legal conclusions supporting its decision which shall be provided immediately to the pregnant person, the pregnant person’s legally appointed guardian, the pregnant person’s attorney, and any other person designated by the pregnant person to receive the order. Also, the court shall order that a confidential record of the evidence and the judge’s findings and conclusions be kept. At the hearing, the court shall hear evidence relating to the emotional development, maturity, intellect, and understanding of the pregnant person.
Nebraska Revised Statutes 71-6904
Appeal; procedure; confidentiality.
(1) An appeal to the Supreme Court shall be available to any pregnant person who has been denied authorization for an abortion without consent. An order authorizing an abortion without consent shall not be subject to appeal.
(2) A ruling by the court denying a pregnant person authorization for an abortion without consent may be appealed to the Supreme Court.
(3) A pregnant person may file a notice of appeal of any final court order to the Supreme Court. The State Court Administrator shall create a form for notice of appeal as well as instructions on how to go about the process. An appropriate number of forms for notice of appeal and instructions shall be made available in each courthouse in such place that members of the general public can obtain a form and instructions without requesting the form and instructions from the clerk of the court or other court personnel.
(4) The clerk of the court shall file the court transcript and bill of exceptions with the Supreme Court within four business days, but not later than seven calendar days, from the date of the filing of the notice of appeal.
(5) In all appeals under this section the pregnant person shall have the right of privacy, a speedy appeal, and the right to counsel at the appellate level if not already represented. Such counsel shall be appointed by the court and shall receive a fee to be fixed by the court and to be paid out of the treasury of the county in which the proceeding was held. The pregnant person shall not be required to appear.
(6) The Supreme Court shall hear the entirety of the appeal on the record and issue a written decision which shall be provided immediately to the pregnant person, the pregnant person’s court-appointed guardian, the pregnant person’s attorney, or any other person designated by the pregnant person to receive the order.
(7) The Supreme Court shall rule within seven calendar days from the beginning of the appeal in the Supreme Court.
(8) The Supreme Court shall adopt and enforce guidelines to ensure that proceedings under this section are handled in a quick and private manner.
Nebraska Revised Statutes 71-6906
Performance of abortion; consent not required; when.
Consent shall not be required under sections 71-6901 through 71-6911 if any of the following take place:
(1) The attending physician certifies in the pregnant person’s medical record that a medical emergency exists and there is insufficient time to obtain the required consent; or
(2) Consent is waived under section 71-6903.
Nebraska Revised Statutes 71-6907
Violation by physician; penalty; civil action; immunity; prohibited acts; violation; penalty.
(1) Any physician or attending physician who performs an abortion in violation of sections 71-6901 through 71-6906 and 71-6909 through 71-6911 shall be guilty of a Class III (3) misdemeanor.
(2) Performance of an abortion in violation of the sections in part (1) above may result in legal action being taken by a person wrongfully denied the right and opportunity to consent.
(3) A person shall not be held legally responsible under such sections (a) if he or she provides written evidence proving that the representations of the pregnant person regarding information necessary to comply with such sections are genuine or (b) if the person has performed an abortion authorized by a court order issued according to section 71-6903 or 71-6904.
(4) Any person not authorized to provide consent under sections 71-6901 through 71-6911 who provides consent is guilty of a Class III (3) misdemeanor.
(5) Any person who coerces a pregnant woman to have an abortion is guilty of a Class III (3) misdemeanor.
Nebraska Revised Statutes 71-6910
Sections; how construed; intent.
(1) Nothing in sections 71-6901 through 71-6911 may be interpreted to create or recognize a right to abortion.
(2) It is not the intent of sections 71-6901 through 71-6911 to make lawful an abortion that is currently unlawful.
Nebraska Revised Statutes 71-7606
Purpose of act; restrictions on use of funds; report.
(1) The purpose of the Nebraska Health Care Funding Act is to determine how funds are to be distributed for health-care-related costs as well as determine administration and enforcement of the Master Settlement Agreement as defined in section 69-2702.
(2) Any funds taken or given under the act shall not be considered ongoing agreements or responsibilities on the part of the State of Nebraska and shall not be used to replace existing funding for existing programs.
(3) No funds taken or given under the act shall be used for abortion, abortion counseling, referral for abortion, or research or activity of any kind involving the use of human fetal tissue obtained in connection with the performance of an induced abortion or involving the use of human embryonic stem cells or for the purpose of obtaining other funding for such use.
(4) The Department of Health and Human Services shall report yearly to state lawmakers and the Governor regarding the use of funds collected under the act and the outcomes achieved from through their use. The report submitted to the lawmakers shall be submitted electronically.