69-311. Operation of kiosk; conditions.

No person shall operate a kiosk in Nebraska unless:

(1) The kiosk is registered or approved by the federal Food and Drug Administration for the intended use;

(2) The kiosk is designed and operated in a manner that provides any accommodation required by the federal Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as such act existed on January 1, 2015;

(3) The kiosk and accompanying technology used for the collection and transmission of information and data, including photographs and scans, gathers and transmits protected health information in compliance with the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2015;

(4) The procedure for which the kiosk is used has a recognized Current Procedural Terminology code maintained by the American Medical Association;

(5)(a) If the kiosk has a physical location, the name and state license number of the provider who will read and interpret the diagnostic information and data shall be prominently displayed on the kiosk; or

(b) If the kiosk is an application, the name and state license number of the provider who will read and interpret the diagnostic information and data shall be displayed on the patient's prescription;

(6) Diagnostic information and data, including photographs and scans, gathered by the kiosk is read and interpreted by a provider if clinically appropriate; and

(7) The owner or lessee of the kiosk maintains liability insurance in an amount adequate to cover claims made by individuals diagnosed or treated based on information and data, including photographs and scans, generated by the kiosk.

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