Statute 71 502

71-502. Communicable diseases; rules and regulations; control; powers of Department of Health and Human Services.The Department of Health and Human Services shall have supervision and control of all matters relating to necessary communicable disease control and shall adopt and promulgate such proper and reasonable general rules and regulations as will best serve to promote communicable disease control throughout the state and prevent the introduction or spread of disease. In addition to such general and standing rules and regulations, (1) in cases of emergency in which the health of the people of the entire state or any locality in the state is menaced by or exposed to any contagious, infectious, or epidemic disease, illness, or poisoning, (2) when a local board of health having jurisdiction of a particular locality fails or refuses to act with sufficient promptitude and efficiency in any such emergency, or (3) in localities in which no local board of health has been established, as provided by law, the department shall adopt, promulgate, and enforce special communicable disease control rules and regulations such as the occasion and proper protection of the public health may

as provided by law, the department shall adopt, promulgate, and enforce special communicable disease control rules and regulations such as the occasion and proper protection of the public health may require. All necessary expenses incurred in the enforcement of such rules and regulations shall be paid by the city, village, or county for and within which the same have been incurred. All officers and other persons shall obey and enforce such communicable disease control rules and regulations as may be adopted and promulgated by the department.Source Laws 1919, c. 190, tit. VI, art. II, div. VIII, § 2, p. 779; C.S.1922, § 8223; C.S.1929, § 71-2302; R.S.1943, § 71-502; Laws 1977, LB 39, § 149; Laws 1986, LB 763, § 1; Laws 1988, LB 1012, § 3; Laws 1996, LB 1044, § 488; Laws 2007, LB296, § 376. Annotations Sanitation and quarantine are placed under the former Department of Health. Petersen Baking Co. v. Bryan, 124 Neb. 464, 247 N.W. 39 (1933). A physician, acting under orders of the state board of health to quarantine a disease in a county, may recover from the county actual expenses incurred and the value of services rendered. Shidler v. York County, 95 Neb. 652, 146 N.W. 949 (1914).