§ 2-1813 Act, how cited
§ 2-1814 Terms, defined
§ 2-1815 Seed potatoes; when exempt from act
§ 2-1816 Inspection fee; estimate, how obtained; compulsory potato inspection; establishment; termination
§ 2-1817 Petition; contents; prima facie evidence
§ 2-1818 Potato inspection; director; powers
§ 2-1819 Director; rules and regulations; cooperate; agreements
§ 2-1820 Director; provide for inspection and grading services; expense
§ 2-1821 Inspection; certificate; grades used
§ 2-1822 Inspection; grade; appeal; procedure
§ 2-1823 Compulsory inspection and grading; special permits; application; issuance
§ 2-1824 Department; official inspection and grade legend; adopt
§ 2-1825 Violations; penalties

Terms Used In Nebraska Statutes > Nebraska Potato Inspection Act

  • Accredited hospital or clinic: means a hospital or clinic approved by the board. See Nebraska Statutes 38-2803
  • Accredited school or college of pharmacy: means a school or college of pharmacy or a department of pharmacy of a university approved by the board pursuant to section 38-2804. See Nebraska Statutes 38-2805
  • Accrediting body: means an entity recognized by the Centers for Medicare and Medicaid Services to provide accrediting services for the Medicare Part B Home Medical Equipment Services Benefit. See Nebraska Statutes 38-2805.01
  • Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Active candidate: means an individual who has (1) met the requirements established by the national genetic counseling board to take the national certification examination in general genetics or genetic counseling and (2) been granted active candidate status by the national genetic counseling board. See Nebraska Statutes 38-3403
  • active practice of pharmacy: means the performance of the functions set out in this section by a pharmacist as his or her principal or ordinary occupation. See Nebraska Statutes 38-2837
  • Administer: means to directly apply a drug or device by injection, inhalation, ingestion, or other means to the body of a patient or research subject. See Nebraska Statutes 38-2806
  • Administration: means the act of (1) administering, (2) keeping a record of such activity, and (3) observing, monitoring, reporting, and otherwise taking appropriate action regarding desired effect, side effect, interaction, and contraindication associated with administering the drug or device. See Nebraska Statutes 38-2807
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • An accredited pharmacy program: means one approved by the board upon the recommendation of the accrediting committee of the Accreditation Council for Pharmacy Education. See Nebraska Statutes 38-2804
  • Animal: means any animal other than man and includes birds, fish, and reptiles, wild or domestic, living or dead, except domestic poultry. See Nebraska Statutes 38-3304
  • Animal means any animal other than man and: includes birds, fish, and reptiles, wild or domestic, living or dead, except domestic poultry. See Nebraska Statutes 38-3304
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Approach: shall mean that portion of any interstate bridge which allows the highway access to the bridge structure. See Nebraska Statutes 39-892
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved certifying body: means a national certification organization which is approved by the board, certifies qualified surgical first assistants, has eligibility requirements related to education and practice, and offers an examination in an area of practice which meets guidelines and tests approved by the board. See Nebraska Statutes 38-3504
  • Approved educational program: means a program for the education and training of physical therapists and physical therapist assistants approved by the board pursuant to section 38-2926. See Nebraska Statutes 38-2904
  • Approved surgical first assistant education program: means a program accredited by the Commission on Accreditation of Allied Health Education Programs or the Accrediting Bureau of Health Education Schools or other accreditation entity approved by the board. See Nebraska Statutes 38-3505
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Behavior technician: means an individual who practices under the close, ongoing supervision of a licensed behavior analyst or a licensed assistant behavior analyst. See Nebraska Statutes 38-4403
  • Bioequivalent: means drug products: (1) That are legally marketed under regulations promulgated by the federal Food and Drug Administration. See Nebraska Statutes 38-2807.01
  • Board: means the Board of Pharmacy. See Nebraska Statutes 38-2808
  • Board: means the Board of Physical Therapy. See Nebraska Statutes 38-2905
  • Board: means the Board of Podiatry. See Nebraska Statutes 38-3003
  • Board: means the Board of Psychology. See Nebraska Statutes 38-3103
  • Board: means the Board of Respiratory Care Practice. See Nebraska Statutes 38-3203
  • Board: means the Board of Veterinary Medicine and Surgery. See Nebraska Statutes 38-3306
  • Board: means the Board of Medicine and Surgery. See Nebraska Statutes 38-3506
  • Board: means the Board of Behavior Analysts. See Nebraska Statutes 38-4404
  • Boundary line bridge: shall mean any bridge upon which no toll, fee, or other consideration is charged for passage thereon and which connects the state highway systems of the State of Nebraska and an adjoining state in the same manner as an interstate bridge. See Nebraska Statutes 39-892
  • Boundary line toll bridge: shall mean any boundary line bridge upon which a fee, toll, or other consideration is charged traffic for the use thereof. See Nebraska Statutes 39-892
  • Brand name: means the proprietary or trade name selected by the manufacturer, distributor, or packager for a drug product and placed upon the labeling of such product at the time of packaging. See Nebraska Statutes 38-2807.03
  • Bridge structure: shall mean the superstructure and substructure of any interstate bridge having a span of not less than twenty feet between undercopings of extreme end abutments, or extreme ends of openings of multiple boxes, when measured along the centerline of the highway thereon, and shall be construed to include the supports therefor and all appurtenances deemed necessary by the department. See Nebraska Statutes 39-892
  • Calculated expiration date: means the expiration date on the manufacturer's, packager's, or distributor's container or one year from the date the drug or device is repackaged, whichever is earlier. See Nebraska Statutes 38-2808.01
  • Caregiver: means any person acting as an agent on behalf of a patient or any person aiding and assisting a patient. See Nebraska Statutes 38-2809
  • Certification examination: means the examination offered by either the national genetic counseling board or the national medical genetics board. See Nebraska Statutes 38-3404
  • Certifying entity: means the Behavior Analyst Certification Board or another equivalent entity approved by the Board of Behavior Analysts which has programs to credential practitioners of applied behavior analysis that have substantially equivalent requirements as the programs offered by the Behavior Analyst Certification Board as determined by the Board of Behavior Analysts. See Nebraska Statutes 38-4405
  • Chambers: A judge's office.
  • Chart order: means an order for a drug or device issued by a practitioner for a patient who is in the hospital or long-term care facility where the chart is stored or for a patient receiving detoxification treatment or maintenance treatment pursuant to section 28-412. See Nebraska Statutes 38-2810
  • Chemically equivalent: means drug products that contain amounts of the identical therapeutically active ingredients in the identical strength, quantity, and dosage form and that meet present compendial standards. See Nebraska Statutes 38-2810.01
  • Client or patient: means a recipient of psychological services within the context of a professional relationship. See Nebraska Statutes 38-3104
  • Code of conduct: means that set of regulatory rules of professional conduct which has been adopted by the board to protect the public welfare by providing rules that govern a professional's behavior in the professional relationship. See Nebraska Statutes 38-3105
  • Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
  • Company shall: include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compounding: means the preparation of components into a drug product. See Nebraska Statutes 38-2811
  • Construction: shall mean the erection, fabrication, or alteration of the whole or any part of any interstate bridge. See Nebraska Statutes 39-892
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delegated dispensing: means the practice of pharmacy by which one or more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or more persons pursuant to sections 38-2872 to 38-2889 under a protocol which provides that such person may perform certain dispensing functions authorized by the pharmacist or pharmacists under certain specified conditions and limitations. See Nebraska Statutes 38-2812
  • Deliver or delivery: means to actually, constructively, or attempt to transfer a drug or device from one person to another, whether or not for consideration. See Nebraska Statutes 38-2813
  • Department: shall mean the Department of Transportation. See Nebraska Statutes 39-892
  • Device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is prescribed by a practitioner and dispensed by a pharmacist or other person authorized by law to do so. See Nebraska Statutes 38-2814
  • Dialysis drug or device distributor: means a manufacturer or wholesaler who provides dialysis drugs, solutions, supplies, or devices, to persons with chronic kidney failure for self-administration at the person's home or specified address, pursuant to a prescription. See Nebraska Statutes 38-2815
  • Dialysis drug or device distributor worker: means a person working for a dialysis drug or device distributor with a delegated dispensing permit who has completed the approved training and has demonstrated proficiency to perform the task or tasks of assembling, labeling, or delivering drugs or devices pursuant to a prescription. See Nebraska Statutes 38-2816
  • Direct supervision: means that the supervisor is on the premises and is available to the veterinary technician or unlicensed assistant who is treating the animal and the animal has been examined by a veterinarian at such times as acceptable veterinary practice requires consistent with the particular delegated animal health care task. See Nebraska Statutes 38-3307
  • Direct supervision means supervision in which the supervising practitioner is physically present and immediately available and does not: include supervision provided by means of telecommunication. See Nebraska Statutes 38-2906
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispense or dispensing: means interpreting, evaluating, and implementing a medical order, including preparing and delivering a drug or device to a patient or caregiver in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. See Nebraska Statutes 38-2817
  • Dispensing: includes (a) dispensing incident to practice, (b) dispensing pursuant to a delegated dispensing permit, (c) dispensing pursuant to a medical order, and (d) any transfer of a prescription drug or device to a patient or caregiver other than by administering. See Nebraska Statutes 38-2817
  • Distribute: means to deliver a drug or device, other than by administering or dispensing. See Nebraska Statutes 38-2818
  • Docket: A log containing brief entries of court proceedings.
  • Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
  • Drug product: means any drug or device as defined in section 38-2841. See Nebraska Statutes 38-2818.02
  • Electronic transmission: means transmission of information in electronic form. See Nebraska Statutes 38-2821
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Equivalent: means drug products that are both chemically equivalent and bioequivalent. See Nebraska Statutes 38-2821.01
  • Evaluation: means the process of making clinical judgments based on data gathered from examination of a patient. See Nebraska Statutes 38-2907
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Facility: means a health care facility as defined in section 71-413. See Nebraska Statutes 38-2822
  • Facsimile: means a copy generated by a system that encodes a document or photograph into electrical signals, transmits those signals over telecommunications lines, and reconstructs the signals to create an exact duplicate of the original document at the receiving end. See Nebraska Statutes 38-2823
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • General supervision means supervision either onsite or by: means of telecommunication. See Nebraska Statutes 38-2908
  • Generic name: means the official title of a drug or drug combination as determined by the United States Adopted Names Council and accepted by the federal Food and Drug Administration of those drug products having the same active chemical ingredients in the same strength and quantity. See Nebraska Statutes 38-2823.01
  • Genetic counseling: means the provision of services described in section 38-3415. See Nebraska Statutes 38-3405
  • Genetic counseling intern: means a student enrolled in a genetic counseling program accredited by the national genetic counseling board. See Nebraska Statutes 38-3406
  • Genetic counselor: means an individual licensed under the Genetic Counseling Practice Act. See Nebraska Statutes 38-3407
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Graduate pharmacy education or approved program: means a period of supervised educational training by a graduate of an accredited school or college of pharmacy, which training has been approved by the board. See Nebraska Statutes 38-2824
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health care therapy: means health care activities that require the exercise of judgment for which licensure is required under the Uniform Credentialing Act. See Nebraska Statutes 38-3307.01
  • Highway: shall mean a road, street, expressway, or freeway, including the entire area within the right-of-way, which has been designated a part of the state highway system. See Nebraska Statutes 39-892
  • Hospital pharmacy: means each facility licensed as a hospital in which the compounding, preparation for administration, or dispensing of drugs or devices pursuant to a chart order occurs for patients within the confines of the hospital with oversight by a pharmacist in charge. See Nebraska Statutes 38-2825.01
  • Immediate supervision: means that the supervisor is on the premises and is in direct eyesight and hearing range of the animal and the veterinary technician or unlicensed assistant who is treating the animal and the animal has been examined by a veterinarian at such times as acceptable veterinary practice requires consistent with the particular delegated animal health care task. See Nebraska Statutes 38-3308
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Indirect supervision: means that the supervisor is not on the premises but is easily accessible and has given written or oral instructions for treatment of the animal and the animal has been examined by a veterinarian at such times as acceptable veterinary practice requires consistent with the particular delegated animal health care task. See Nebraska Statutes 38-3309
  • Institution of higher education: means a university, professional school, or other institution of higher learning that:

    (1) In the United States, is accredited by an accrediting organization recognized by the United States Department of Education. See Nebraska Statutes 38-3106

  • Interchangeable biological product: means a biological product that the federal Food and Drug Administration:

    (1) Has licensed and has determined meets the standards for interchangeability pursuant to 42 U. See Nebraska Statutes 38-2825.02

  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Interstate bridge: shall mean the right-of-way, approaches, bridge structure, and highway necessary to form a passageway for highway traffic over the boundary line of the State of Nebraska from a point within the State of Nebraska to a point within an adjoining state for the purpose of spanning any obstruction or obstructions which would otherwise hinder the free and safe flow of traffic between such points, such bridge being a part of the state highway system with title vested in the State of Nebraska or in the State of Nebraska and an adjoining state jointly. See Nebraska Statutes 39-892
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Juror: A person who is on the jury.
  • Labeling: means the process of preparing and affixing a label to any drug container or device container, exclusive of the labeling by a manufacturer, packager, or distributor of a nonprescription drug or commercially packaged legend drug or device. See Nebraska Statutes 38-2826
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Licensed animal therapist: means an individual who (1) has and maintains an undisciplined license under the Uniform Credentialing Act for a health care profession other than veterinary medicine and surgery, (2) has met the standards for additional training regarding the performance of that health care profession on animals as required by rules and regulations adopted and promulgated by the department upon the recommendation of the board, and (3) is licensed as an animal therapist by the department. See Nebraska Statutes 38-3309.01
  • Licensed assistant behavior analyst: means an individual practicing under the close ongoing supervision of a licensed behavior analyst and who also meets the requirements specified in section 38-4410 and is issued a license as a licensed assistant behavior analyst under the Behavior Analyst Practice Act by the department. See Nebraska Statutes 38-4406
  • Licensed behavior analyst: means an individual who meets the requirements specified in section 38-4410 and who is issued a license as a licensed behavior analyst under the Behavior Analyst Practice Act by the department. See Nebraska Statutes 38-4407
  • Licensed surgical first assistant: means a person licensed to practice surgical assisting under the Surgical First Assistant Practice Act. See Nebraska Statutes 38-3507
  • Licensed veterinarian: means a person who is validly and currently licensed to practice veterinary medicine and surgery in this state. See Nebraska Statutes 38-3310
  • Licensed veterinary technician: means an individual who is validly and currently licensed as a veterinary technician in this state. See Nebraska Statutes 38-3311
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Long-term care facility: means an intermediate care facility, an intermediate care facility for persons with developmental disabilities, a long-term care hospital, a mental health substance use treatment center, a nursing facility, or a skilled nursing facility, as such terms are defined in the Health Care Facility Licensure Act. See Nebraska Statutes 38-2826.01
  • Magistrate: shall include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
  • Magistrate shall: include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
  • Maintenance: shall mean the act, operation, or continuous process of repair, reconstruction, or preservation of the whole or any part of any interstate bridge for the purpose of keeping it at or near its original standard of usefulness and shall include the performance of traffic services for the safety and convenience of the traveling public. See Nebraska Statutes 39-892
  • Medical director: means a licensed physician who has the qualifications as described in section 38-3214. See Nebraska Statutes 38-3204
  • Medical gas: means oxygen in liquid or gaseous form intended for human consumption. See Nebraska Statutes 38-2826.02
  • Medical gas device: means a medical device associated with the administration of medical gas. See Nebraska Statutes 38-2826.03
  • Medical order: means a prescription, a chart order, or an order for pharmaceutical care issued by a practitioner. See Nebraska Statutes 38-2828
  • Mental and emotional disorder: means a clinically significant behavioral or psychological syndrome or pattern that occurs in a person and is associated with present distress or disability or with significantly increased risk of suffering death, pain, disability, or an important loss of freedom. See Nebraska Statutes 38-3107
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Mobilization or manual therapy: means a group of techniques comprising a continuum of skilled passive movements to the joints or related soft tissues, or both, throughout the normal physiological range of motion that are applied at varying speeds and amplitudes, without limitation. See Nebraska Statutes 38-2910
  • Month: shall mean calendar month. See Nebraska Statutes 49-801
  • No true bill: A legal procedure to dismiss charges against a defendant when the grand jury does not find enough evidence to charge the defendant with violating a law. Also called a "no bill."
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Non-treatment-related tasks: means clerical, housekeeping, facility maintenance, or patient transportation services related to the practice of physical therapy. See Nebraska Statutes 38-2911
  • Nonprescription drugs: means nonnarcotic medicines or drugs which may be sold without a medical order and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws and regulations of this state and the federal government. See Nebraska Statutes 38-2829
  • Oath: shall include affirmation in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Patient counseling: means the verbal communication by a pharmacist, pharmacist intern, or practitioner, in a manner reflecting dignity and the right of the patient to a reasonable degree of privacy, of information to the patient or caregiver in order to improve therapeutic outcomes by maximizing proper use of prescription drugs and devices and also includes the duties set out in section 38-2869. See Nebraska Statutes 38-2830
  • Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
  • Peace officer shall: include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 39-892
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 39-892
  • Personal property: All property that is not real property.
  • Personal supervision by a physician: means the physical attendance of a physician in the room during the performance of a surgical procedure. See Nebraska Statutes 38-3508
  • Pharmaceutical care: includes the process through which the pharmacist works in concert with the patient and his or her caregiver, physician, or other professionals in designing, implementing, and monitoring a therapeutic plan that will produce specific therapeutic outcomes for the patient. See Nebraska Statutes 38-2831
  • Pharmacist: means any person who is licensed by the State of Nebraska to practice pharmacy. See Nebraska Statutes 38-2832
  • Pharmacist in charge: means a pharmacist who is designated on a pharmacy license or a remote dispensing pharmacy license or designated by a hospital as being responsible for the practice of pharmacy in the pharmacy for which a pharmacy license or a remote dispensing pharmacy license is issued or in a hospital pharmacy and who works within the physical confines of such pharmacy or hospital pharmacy, except that the pharmacist in charge is not required to work within the physical confines of a remote dispensing pharmacy unless otherwise required by law. See Nebraska Statutes 38-2833
  • Pharmacist intern: means a person who meets the requirements of section 38-2854. See Nebraska Statutes 38-2834
  • Pharmacy technician: means an individual registered under sections 38-2890 to 38-2897. See Nebraska Statutes 38-2836
  • Physical therapist: means a person licensed to practice physical therapy under the Physical Therapy Practice Act. See Nebraska Statutes 38-2912
  • Physical therapist assistant: means a person certified as a physical therapist assistant under the Physical Therapy Practice Act. See Nebraska Statutes 38-2913
  • Physical therapy aide: means a person who is trained under the direction of a physical therapist and who performs treatment-related and non-treatment-related tasks. See Nebraska Statutes 38-2915
  • Physician: means an individual licensed under the Medicine and Surgery Practice Act to practice medicine and surgery or osteopathic medicine and surgery. See Nebraska Statutes 38-3410
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Podiatrist: means a physician of the foot, ankle, and related governing structures. See Nebraska Statutes 38-3004
  • Practice agreement: means a document signed by a pharmacist and a practitioner with independent prescribing authority, in which the pharmacist agrees to design, implement, and monitor a therapeutic plan based on a written protocol. See Nebraska Statutes 38-2836.01
  • Practice of applied behavior analysis: includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis. See Nebraska Statutes 38-4408
  • Practice of pharmacy: means (a) the interpretation, evaluation, and implementation of a medical order, (b) the dispensing of drugs and devices, (c) drug product selection, (d) the administration of drugs or devices, (e) drug utilization review, (f) patient counseling, (g) the provision of pharmaceutical care, (h) medication therapy management, and (i) the responsibility for compounding and labeling of dispensed or repackaged drugs and devices, proper and safe storage of drugs and devices, and maintenance of proper records. See Nebraska Statutes 38-2837
  • Practice of podiatry: means the diagnosis or medical, physical, or surgical treatment of the ailments of the human foot, ankle, and related governing structures except (1) the amputation of the forefoot, (2) the general medical treatment of any systemic disease causing manifestations in the foot, and (3) the administration of anesthetics other than local. See Nebraska Statutes 38-3005
  • Practice of psychology: means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, or procedures for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health. See Nebraska Statutes 38-3108
  • Practitioner: means a certified registered nurse anesthetist, a certified nurse midwife, a dentist, an optometrist, a nurse practitioner, a physician assistant, a physician, a podiatrist, or a veterinarian. See Nebraska Statutes 38-2838
  • Prescribe: means to issue a medical order. See Nebraska Statutes 38-2839
  • Prescription: means an order for a drug or device issued by a practitioner for a specific patient, for emergency use, or for use in immunizations. See Nebraska Statutes 38-2840
  • Prescription drug or device or legend drug or device does not: include a type of device, including supplies and device components, which carries the federal Food and Drug Administration legend "Caution: Federal law restricts this device to sale by or on the order of a licensed health care practitioner" or an alternative legend approved by the federal Food and Drug Administration which it recognizes, in published guidance, as conveying essentially the same message. See Nebraska Statutes 38-2841
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
  • Psychologist: means a person licensed to engage in the practice of psychology in this or another jurisdiction. See Nebraska Statutes 38-3109
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public health clinic: means the department, any county, city-county, or multicounty health department, or any private not-for-profit family planning clinic licensed as a health clinic as defined in section 71-416. See Nebraska Statutes 38-2842
  • Public health clinic worker: means a person in a public health clinic with a delegated dispensing permit who has completed the approved training and has demonstrated proficiency to perform the task of dispensing authorized refills of contraceptives pursuant to a written prescription. See Nebraska Statutes 38-2843
  • Qualified supervisor: means a genetic counselor or a physician. See Nebraska Statutes 38-3411
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Repackage: means the act of taking a drug product from the container in which it was distributed by the manufacturer and placing it into a different container without further manipulation of the drug. See Nebraska Statutes 38-2843.01
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Respiratory care: means the health specialty responsible for the treatment, management, diagnostic testing, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. See Nebraska Statutes 38-3205
  • Right-of-way: shall mean land, property, or interest therein, usually in a strip, acquired for or devoted to an interstate bridge. See Nebraska Statutes 39-892
  • Signature: means the name, word, or mark of a person written in his or her own hand with the intent to authenticate a writing or other form of communication or a digital signature which complies with section 86-611 or an electronic signature. See Nebraska Statutes 38-2844
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
  • State board: means the Board of Medicine and Surgery. See Nebraska Statutes 38-3412
  • State highway system: shall mean the highways within the State of Nebraska as shown on the map provided for in section 39-1311 and as defined by section 39-1302 . See Nebraska Statutes 39-892
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Student: means a person enrolled in an approved educational program. See Nebraska Statutes 38-2916
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervisee: means an individual holding a provisional license issued under section 38-3420. See Nebraska Statutes 38-3413
  • Supervising podiatrist: means a licensed podiatrist who supervises a physician assistant under a collaborative agreement. See Nebraska Statutes 38-3005.01
  • Supervision: means the personal guidance and direction by a pharmacist of the performance by a pharmacy technician of authorized activities or functions subject to (1) verification by such pharmacist or (2) validation by a certified pharmacy technician subject to section 38-2891. See Nebraska Statutes 38-2845
  • Supervision: means the ready availability of the supervising podiatrist for consultation and collaboration on the activities of the physician assistant. See Nebraska Statutes 38-3005.02
  • Supervision: means the overall responsibility to assess the work of a supervisee, including regular meetings and chart review by a qualified supervisor pursuant to an annual supervision contract signed by the qualified supervisor and the supervisee which is on file with both parties. See Nebraska Statutes 38-3414
  • Supervisor: means a licensed veterinarian or licensed veterinary technician as required by statute or rule or regulation for the particular delegated task being performed by a veterinary technician or unlicensed assistant. See Nebraska Statutes 38-3313
  • Surgical assisting: means the practice of promoting patient safety through provision of primary assistance to the primary surgeon during a surgical procedure. See Nebraska Statutes 38-3509
  • Surgical first assistant: means a person who meets the requirements of section 38-3512. See Nebraska Statutes 38-3510
  • Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
  • Telepharmacy: means the provision of pharmacist care, by a pharmacist located within the United States, using telecommunications, remote order entry, or other automations and technologies to deliver care to patients or their agents who are located at sites other than where the pharmacist is located. See Nebraska Statutes 38-2845.01
  • Temporary educational permit: means a permit to practice pharmacy in a supervised educational program approved by the board. See Nebraska Statutes 38-2846
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Testing: means standard methods and techniques used to gather data about a patient. See Nebraska Statutes 38-2917
  • Title: shall mean the evidence of right to property or the right itself. See Nebraska Statutes 39-892
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Traffic: means pedestrians, ridden or herded animals, and vehicles and other conveyances either singly or together while using any highway for purposes of travel. See Nebraska Statutes 39-101
  • Traffic services: shall mean the operation of an interstate bridge facility, and the services incidental thereto, to provide for the safe and convenient flow of traffic over such bridge. See Nebraska Statutes 39-892
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treatment-related tasks: means activities related to the practice of physical therapy that do not require the clinical decisionmaking of a physical therapist or the clinical problem solving of a physical therapist assistant. See Nebraska Statutes 38-2918
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • True bill: Another word for indictment.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
  • United States shall: include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
  • Unlicensed assistant: means an individual who is not a licensed veterinarian, a licensed veterinary technician, or a licensed animal therapist and who is working in veterinary medicine. See Nebraska Statutes 38-3314
  • Validation: means the action of a certified pharmacy technician checking the accuracy and completeness of the acts, tasks, or functions undertaken by another certified pharmacy technician as provided in section 38-2891. See Nebraska Statutes 38-2846.01
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Verification: means the confirmation by a supervising pharmacist of the accuracy and completeness of the acts, tasks, or functions undertaken by a pharmacy technician to assist the pharmacist in the practice of pharmacy. See Nebraska Statutes 38-2847
  • Veterinarian: means a person who has received a degree of Doctor of Veterinary Medicine from an accredited school of veterinary medicine or its equivalent. See Nebraska Statutes 38-3315
  • Veterinarian-client-patient relationship: means that:

    (1) The veterinarian has assumed the responsibility for making clinical judgments regarding the health of the animal and the need for medical treatment, and the client has agreed to follow the veterinarian's instructions. See Nebraska Statutes 38-3316

  • Veterinary medicine and surgery: includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine. See Nebraska Statutes 38-3317
  • Veterinary technician: means an individual who has received a degree in veterinary technology from an approved veterinary technician program or its equivalent. See Nebraska Statutes 38-3318
  • Violate: shall include failure to comply with. See Nebraska Statutes 49-801
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Written protocol: means a written template, agreed to by pharmacists and practitioners with independent prescribing authority, working in concert, which directs how the pharmacists will implement and monitor a therapeutic plan. See Nebraska Statutes 38-2848
  • Year: shall mean calendar year. See Nebraska Statutes 49-801