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1966 Blue Book

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      The earliest legislative provision for the supervision of the sale of stocks, bonds and securities was made in 1913. The enforcement of the law was entrusted to the Railway Commission. The Administrative Code Law of 1919 transferred this function to the Department of Trade and Commerce. The administration of the "blue sky law" was made the duty of the Department of Insurance in 1937.

     In 1939 the Bureau of Securities was transferred from the Department of Insurance to the Department of Banking. There are four different segments of the act as follows:

1. Registration of securities to be qualified for sale in the state.

2. Registration of brokers and dealers.

3. Registration of securities salesmen.

4. Investigation of securities violations and frauds.

     Security violations are ever with the Department of Banking. Many examinations have been conducted by the department in the past, and the evidence placed at the disposal of the prosecuting authorities.

     ¹ Fixed by the State Board of Health, as authorized by L.B. 776, 1965 Legislature.

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Total number of employees: 150.

Publications: Statutes relating to Licenses: Professional and Occupational (General Licensure Law), The Basic Sciences, Chiropractic, Dentistry, Embalming, Funeral Directors and Embalmers, State Anatomical Board, Massage, Medicine and Surgery, Veterinary Medicine and Surgery, Optometry, Osteopathy, Pharmacy, Physical Therapy, Podiatry, Drugs, Poisons, Narcotic Drugs, Hypnotic Drugs, Venereal Diseases (Prophylactic Devices), Better Health (Bimonthly), Biennial Public Health Report, Public Health Bulletins, Rules and Regulations relating to Public Health, Minutes of the Board of Health Meetings, Minutes of the Water Pollution Control Council meetings.

     The original Board of Health Law was enacted in 1891. In 1903 the law was amended and a State Health Inspector provided. The Governor, Attorney General and Superintendent of Public Instruction composed the board. The active work of the board was directed by a board of four secretaries, appointed by the Board of Health, (after July 1909, the four secretaries were appointed by the Governor) and a Health Inspector who devoted his entire time to the work subject to the secretaries' instructions in the actual execution of the laws.

     The Legislature of 1917 passed a law reorganizing the Health Department, and putting the active work in charge of a staff appointed by the Governing Board. In addition, the Governor appointed an Advisory Board of four physicians whose principal duty was to conduct the examinations for licenses to practice medicine. The functions of the Health Department and the Examining Board were conferred upon the Department of Public Welfare by the Civil Administrative Code of 1919. The Legislature of 1933 created the Department of Health and gave it the functions of two of the bureaus of the Department of Public Welfare; namely, those of the Bureau of Health and of the Bureau of Examining Boards. The Legislature in special session in 1935 created a Maternal and Child Health and Public Health Work Fund in order that the State might receive funds made available under the Social Security Act both on a matching and non-matching basis. The fund is administered by the Director of Health. Part of the work carried on since federal funds have been available has been in connection with health demonstration units. A number of these were established between 1935 and 1940 but later were closed due to the lack of local financial participation. A number of health departments were established in defense areas following January, 1940.

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     In 1943 the Legislature passed a law providing for the establishment of local health services supported by local, state and federal funds, under the approval of the State Department of Health. Five such departments were established: Scottsbluff County; Sarpy-Nemaha County; Lincoln-Lancaster County; Omaha-Douglas County; Grand Island-Hall County. The Sarpy-Nemaha Department was discontinued in 1951.

     The 1953 Legislature passed a law making a seven-member Board of Health the head of the department instead of the Director of Health. The board is appointed by the Governor, with two members from the Medical profession, one each from the Dental, Veterinary Medical and Civil Engineering professions, and two representing the lay public. Members serve a three-year term each.

     The 1959 Legislature amended the law adding an eighth member, who is a Pharmacist. The Governor was made a member ex officio, with the privilege of voting only in cases of a tie vote of the board.

     The Board of Health appoints the Director of Health and fixes his salary not to exceed $18,000 a year. He serves as secretary and executive officer of the board and conducts the affairs of the department during the intervals between board meetings, which are required to be held quarterly.

     The board formulates the policies of the department and governs its affairs, studies health needs and promotes educational health programs throughout the state.

     The Bureau of Vital Statistics was established in 1905 as a legal depository for the state's vital records. It officially registers, preserves, indexes and tabulates records of birth, death, marriage, and divorce. Certificates of delayed birth registration, adoptive birth certificates and certificates of birth for children who have been legitimated by the subsequent marriage of their parents are also filed with the bureau. It is charged with the issuance of certified copies of these records for proper purposes. Local registrars are appointed who have territorial jurisdiction conferred upon them by the Department of Health. From these vital records, statistical reports are developed and made available to the various agencies having use for such data. The bureau is maintained by the provision of a statutory fee for file searching services.

     The Bureau of Examining Boards was set up in the Department of Public Welfare by the Civil Administrative Code Law of 1919 to supervise the licensing of physicians and surgeons, osteopaths, chiropractors, dentists, optometrists, chiropodists, nurses, pharmacists, veterinarians,

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and embalmers, which function had been performed by the examining boards. Each profession had its separate practice act with widely dissimilar provisions. To facilitate the administration of these laws the Secretary of the Department of Public Welfare prepared a codification of these ten practice acts and the Legislature in 1927 enacted this Uniform License Law. The Legislature in 1927 also passed the Basic Science Law, which requires that before an applicant can be examined in any of the healing arts, he must secure a certificate of ability from the Basic Sciences Board. This certificate relates to chiropractic, osteopathy, and medicine and surgery and covers the six subjects as follows: anatomy, physiology, chemistry, bacteriology, pathology, and hygiene.

     The Bureau of Examining Boards is supported by the fees paid by the applicants for license, primarily the renewal fees, as certain of the fees go to support of the different boards of examiners.

     License laws have been passed for other professions and activities, namely, barbers in 1927,1 cosmetologists in 1929, funeral directors in 1931, massage and physical therapy in 1957.

     The nursing profession was eliminated from the Uniform Licensure Act and a Bureau of Education and Registration of Nurses was established in 1935 in the Department of Public Instruction. A new Nurse Practice Act was passed by the Legislature in 1953. The 1959 Legislature removed the Board of Nursing from the State Department of Education and established an independent Board of Nursing.

      The Board of Examiners in Barbering was eliminated from the jurisdiction of the State Health Department, by an act of the 1963 Legislature and set out as an independent Board.

     An act of the 1963 Legislature added a sixth member to the Board of Examiners in Medicine and Surgery. This sixth member must be a licensed practicing Osteopath, who is also eligible to be appointed to the Board of Examiners in Osteopathy and must also be licensed to practice medicine and surgery within the State of Nebraska. The first appointment was made within 30 days after October 19, 1963.

     ¹ 1963 Legislature removed Board from Department of Health, and made it an independent Board.

     The members of the Boards of Examiners in the Basic Sciences, Dentistry, and in Medicine and Surgery, are appointed by the Board of Health and serve a term of five years.

     The members of the Boards of Examiners in Podiatry, Chiropractic, Embalming, Optometry, Osteopathy, Pharmacy, Physical Therapy, and in Veterinary Medicine and Surgery are appointed by the Board of Health and serve a term of three years.

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     The members of the Board of Examiners in Cosmetology are appointed by the Governor and serve a term of three years. The members of the Board of Examiners in Massage are also appointed by the Governor and serve a term of five years.

     The Boards of Examiners with the assistance of a representative of the Department of Health, conduct the examination in theft respective professions.

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      The State Department of Health operates two laboratories. The main laboratory is in the State Capitol at Lincoln. The West Nebraska Branch Laboratory is located in Scottsbluff. Personnel of the laboratories are qualified in the sciences, including physics, microbiology, chemistry, parasitology, and serology as they relate to public health.

      The facilities of these laboratories are available to health agencies, governmental officials, physicians, and others for assistance in these

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scientific fields, for the purpose of dealing with public health problems properly the concern of the individual or agency.

      Activities include: (a) laboratory examination of material relative to communicable disease, (b) examination of public and private water supplies for sanitary quality and for dangerous or undesirable chemical constituents; examinations to determine presence or amount of pollution of streams and other surface waters, (c) advice in public health, bacteriology or other sciences, (d) training of laboratory personnel in special branches of public health laboratory work, and (e) passing on qualifications of other laboratories performing laboratory work of a public health nature for purposes of departmental approval.

      The Nebraska State Legislature in 1947 established the Section of Hospitals in the Department of Health and defined its duties and responsibilities. The 1951 session of the Nebraska Legislature transferred to the Department of Health the responsibility for licensure of homes for aged or infirm persons.

      The responsibility for licensure of 131 hospitals, and 318 homes for aged or infirm as of July 1, 1966, requires 40% of staff time. The responsibilities of survey and planning require 30%, review and inspection of construction plans and projects another 30% of staff time.

     In carrying on the activities of the Division of Hospitals during the last operating year, the staff had over 1,000 different community contacts and traveled in excess of 80,000 miles carrying the services of the division to all the communities of the state.

      Since the beginning of the Hospital Survey and Construction program, the office has consulted with various communities which have constructed a total of approximately 77 millions of dollars in hospital and medical facility construction. There has been $24,531,597 under Hill-Burton and $299,900.00 under the Accelerated Public Works program in federal funds made available to Nebraska for hospital construction during this period. A total of 59 communities has benefitted from these funds. The Accelerated Public Works project is in Valley County at Ord for a new hospital-nursing home.

     The Section of Hospitals cooperates very closely with other official agencies, and particularly the State Fire Marshal, as a part of its licensure program. Much time is spent in assisting interested communities to develop their hospital and home for aged programs, either modernizing their existing facility or planning for a new physical plant. This office is responsible for periodic inspection of projects being constructed with grants of federal funds and must certify as to their eligibility for such payment of federal funds from the federal treasury. Inspection of other projects is provided at three stages of construction.

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