LB928 LB928
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LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 928
Introduced by Fredrickson, 20; Bosn, 25; McKinney, 11.
Read first time January 04, 2024
Committee: Judiciary
1 A BILL FOR AN ACT relating to the Nebraska Correctional Health Care
2 Services Act; to amend section 83-4,153, Reissue Revised Statutes of
3 Nebraska, and section 83-4,157, Revised Statutes Cumulative
4 Supplement, 2022; to create the position of mental health director;
5 to establish duties; to harmonize provisions; and to repeal the
6 original sections.
7 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 83-4,153, Reissue Revised Statutes of Nebraska,
2 is amended to read:
3 83-4,153 Sections 83-4,153 to 83-4,165 and sections 3 and 4 of this
4 act shall be known and may be cited as the Nebraska Correctional Health
5 Care Services Act.
6 Sec. 2. Section 83-4,157, Revised Statutes Cumulative Supplement,
7 2022, is amended to read:
8 83-4,157 The medical director shall:
9 (1) Coordinate all clinical services;
10 (2) Participate in the selection and supervision of all clinical
11 staff employed by or under contract with the department, including
12 medical doctors, physician assistants, pharmacists, pharmacy technicians,
13 registered nurses, licensed practical nurses, advanced practice
14 registered nurses practicing under and in accordance with their
15 respective certification acts, mental health practitioners, alcohol and
16 drug counselors, laboratory technicians, physical therapists,
17 optometrists, audiologists, dentists, dental assistants, and dental
18 hygienists;
19 (3) Maintain and preserve the medical records of health care
20 services;
21 (4) Approve the purchasing of all necessary medical supplies and
22 medical equipment for the department;
23 (5) Recommend all necessary programs for the preservice, inservice,
24 and continuing medical training and education of the health care staff
25 and other relevant staff of the department, including training
26 specifically designed to promote prompt and effective responses by all
27 staff of the department to medical emergencies;
28 (6) Develop and implement condition-specific medical treatment
29 protocols that ensure compatibility with a community standard of health
30 care, including protocols addressing the: (a) Treatment of
31 gastrointestinal bleeds; (b) detection and treatment of all communicable
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1 diseases; (c) treatment of gender-specific problems; (d) treatment of
2 diabetes; (e) treatment of hypertension; (f) treatment of headaches; (g)
3 utilization of surgical procedures; (h) control of infection; (i)
4 provision of dental care; (j) provision of age-specific and gender-
5 specific routine health maintenance; (k) means by which inmates obtain
6 access to health care services; (l) use of prescribed drugs, devices, or
7 biologicals for the purpose of pain management; (m) referral of patients
8 to medical specialists not in the employ of the department; and (n)
9 initiation, observance, and termination of do not resuscitate orders
10 initiated pursuant to the Rights of the Terminally Ill Act;
11 (7) Develop and implement a system of general discharge planning for
12 the health care services to be received by inmates who are soon to be
13 released from the custody of the department and who have chronic health
14 care problems, including establishment of a protocol to determine whether
15 or not an inmate soon to be released should be prescribed and dispensed a
16 medication-assisted treatment that could assist in reducing or
17 eliminating the inmate’s use of opiates;
18 (8) Develop and implement a comprehensive health care services plan;
19 (9) Develop and implement an internal credentialing program for the
20 employment and retention of the health care staff of the department based
21 on a community standard of health care; and
22 (10) Develop and implement an internal peer review and quality
23 assurance program based upon a community standard of health care; and .
24 (11) Work in collaboration with the mental health director on the
25 coordination of all mental health services.
26 Sec. 3. The Director of Correctional Services shall appoint a
27 mental health director for the department who shall have relevant mental
28 health experience and be licensed by the State of Nebraska as a physician
29 or mental health practitioner, including, but not limited to, a
30 psychiatrist, psychologist, social worker, or licensed independent mental
31 health practitioner. The mental health director shall be a full-time
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1 position under the sole immediate supervision of the director.
2 Sec. 4. The Director of Correctional Services shall designate
3 duties for the mental health director which shall include, but not be
4 limited to:
5 (1) Working in collaboration with the medical director on the
6 coordination and collaboration of mental and behavioral health care
7 services;
8 (2) Recommending all necessary programs for mental and behavioral
9 health care services to ensure inmates receive required programming;
10 (3) Collaborating with community mental health providers, as
11 appropriate, to ensure services within the facilities and continuity of
12 mental and behavioral health care services upon inmate reentry into
13 communities;
14 (4) Ensuring mental and behavioral health care is provided to
15 inmates; and
16 (5) Training and education of mental health care staff and other
17 relevant staff of the department, including training specifically
18 designed to promote prompt and effective responses to inmate mental and
19 behavioral health care needs.
20 Sec. 5. Original section 83-4,153, Reissue Revised Statutes of
21 Nebraska, and section 83-4,157, Revised Statutes Cumulative Supplement,
22 2022, are repealed.
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