Nebraska Revised Statute 71-3425

Chapter 71

71-3425.

Terms, defined.

For purposes of the Overdose Fatality Review Teams Act:

(1) De-identified information means information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual;

(2) Department means the Department of Health and Human Services;

(3) Drug means a substance that produces a physiological effect when ingested or otherwise introduced into the body, and includes both legal and illicit substances. Drug does not include alcohol;

(4) Health care provider means any of the following individuals who are licensed, certified, or registered to perform specified health services consistent with state law: A physician, a physician assistant, or an advanced practice registered nurse;

(5) Lead organization means a local public health department as defined in section 71-1626;

(6) Local team means the multidisciplinary and multiagency drug overdose fatality review team established by a lead organization for such organization's jurisdiction or for a group of cities, counties, or districts, pursuant to an agreement between multiple lead organizations;

(7) Mental health provider means:

(a) A psychiatrist licensed to practice under the Medicine and Surgery Practice Act;

(b) A psychologist licensed to engage in the practice of psychology in this state as provided in section 38-3111 or as provided in similar provisions of the Psychology Interjurisdictional Compact;

(c) A person licensed as an independent mental health practitioner under the Mental Health Practice Act; or

(d) A professional counselor who holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact;

(8) Personal identifying information means information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means;

(9) Overdose means injury to the body that happens when one or more drugs are taken in excessive amounts. An overdose can be fatal or nonfatal;

(10) Overdose fatality review means a process in which a local team performs a series of individual overdose fatality reviews to effectively identify system gaps and innovative, community-specific overdose prevention and intervention strategies;

(11) Substance use disorder means a pattern of use of alcohol or other drugs leading to clinical or functional impairment, in accordance with the definition in the Diagnostic and Statistical Manual of Disorders (DSM-5) of the American Psychiatric Association, or a subsequent edition of such manual; and

(12) Substance use disorder treatment provider means any individual or entity who is licensed, registered, or certified within Nebraska to treat substance use disorders or who has a federal Drug Addiction Treatment Act of 2000 waiver from the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services to treat individuals with substance use disorder using medications approved for that indication by the United States Food and Drug Administration.

Cross References

  • Licensed Professional Counselors Interstate Compact, see section 38-4201.
  • Medicine and Surgery Practice Act, see section 38-2001.
  • Mental Health Practice Act, see section 38-2101.
  • Psychology Interjurisdictional Compact, see section 38-3901.