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Ex. DUT-NE-004 Standing duty Primary source read

173 Neb. Admin. Code ch. 6, Directed Health Measures to Prevent or Limit the Spread of Communicable Disease, Illness, or Poisoning

Title 173, Control of Communicable Disease, Chapter 6

Nebraska Department of Health and Human Services, Regulation and Licensure · Nebraska (State)

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The record

Jurisdiction
Nebraska
Level
State
Authority
Neb. Rev. Stat. §§ 71-502 and 81-601 et seq. (recited in 173 NAC 6-001)
Issued
2007-02-21 Feb. 21, 2007
Effective
2007-02-21; standing throughout 2020 Q2 to 2021 Q3 (read as 2007-02-21)
End
standing (read as 2021-09-30)
In force
Standing since Feb. 21, 2007 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureWorkplace rulesQuarantine and isolationStanding dutyOperating condition
Addressees
  • persons generally; owners or persons in control of premises; defined populations; health care providers and facilities
Character
statutory duty
Collection
Standing duties: Nebraska DUT-NE

Operative words

Directed Health Measure means any measure, whether prophylactic or remedial, intended and directed to prevent or limit the spread of communicable disease... Orders... will order the affected person or persons to comply with the terms of the Order... In the event of noncompliance... law enforcement and other... personnel will be required to aid the Department in enforcement of the Order

Penalty

Enforcement under 173 NAC 6-009 with § 71-502; criminal penalty § 71-506 (Class V misdemeanor per offense) and injunction; the Department may act with 'any local jurisdiction having condemnation or nuisance abatement authority' (6-004.01A)

What it required

Defines the Directed Health Measure, authorizes quarantine of 'Buildings and premises, or of defined areas, public and private' and 'work quarantine' (6-004.01A), isolation, decontamination, 'Use of PPE for the performance of specified tasks or at specified premises' and 'Specific infection control measures including cleaning' (6-004.02), and 'Such other protocols or measures as may be identified as effective against public health threats by the American Public Health Association and the United States Department of Health and Human Services Centers for Disease Control and Prevention or other similar public health authority' (6-004.01D); orders may be 'directed to the public at large with regard to identified premises or activities' (6-004.04), 'are effective immediately' (6-006.02) and order the affected persons 'to comply' (6-006.03); enforcement by quarantine officers, law enforcement and local health personnel (6-009); 'other persons must report' noncompliance (6-011).

Retrieval note

The incorporation clause 6-004.01D is the vehicle by which CDC-identified protocols (distancing, masking, sanitation, screening) became orderable Directed Health Measures in Nebraska; every DHM finds that 'the following Directed Health Measures have been identified as effective against public health threats by the CDC and other similar public health authorities' (Ex. NE-021 recitals). The live nebraska.gov URL now serves a JavaScript application, not the PDF.