reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6221 - Regulation of health profession; change in scope of practice; when.

71-6221.
Regulation of health profession; change in scope of practice; when.
(1) A health profession shall be regulated by the state only when:
(a) Unregulated practice can clearly harm or endanger the health, safety, or welfare of the public;
(b) Regulation of the health profession does not impose significant new economic hardship on the public, significantly diminish the supply of qualified practitioners, or otherwise create barriers to service that are not consistent with the public welfare and interest;
(c) The public needs assurance from the state of initial and continuing professional ability; and
(d) The public cannot be protected by a more effective alternative.
(2) If it is determined that practitioners of a health profession not currently regulated are prohibited from the full practice of their profession in Nebraska, then the following criteria shall be used to determine whether regulation is necessary:
(a) Absence of a separate regulated profession creates a situation of harm or danger to the health, safety, or welfare of the public;
(b) Creation of a separate regulated profession would not create a significant new danger to the health, safety, or welfare of the public;
(c) Creation of a separate regulated profession would benefit the health, safety, or welfare of the public; and
(d) The public cannot be protected by a more effective alternative.
(3) The scope of practice of a regulated health profession shall be changed only when:
(a) The health, safety, and welfare of the public are inadequately addressed by the present scope of practice or limitations on the scope of practice;
(b) Enactment of the proposed change in scope of practice would benefit the health, safety, or welfare of the public;
(c) The proposed change in scope of practice does not create a significant new danger to the health, safety, or welfare of the public;
(d) The current education and training for the health profession adequately prepares practitioners to perform the new skill or service;
(e) There are appropriate postprofessional programs and competence assessment measures available to assure that the practitioner is competent to perform the new skill or service in a safe manner; and
(f) There are adequate measures to assess whether practitioners are competently performing the new skill or service and to take appropriate action if they are not performing competently.
(4) The division shall, by rule and regulation, establish standards for the application of each criterion which shall be used by the review bodies in recommending whether proposals for credentialing or change in scope of practice meet the criteria.
Source
Laws 1985, LB 407, § 21;
Laws 1988, LB 384, § 7;
Laws 1996, LB 1044, § 759;
Laws 2007, LB296, § 653;
Laws 2012, LB834, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6222 - Least restrictive method of regulation; how implemented.

71-6222.
Least restrictive method of regulation; how implemented.
After evaluating the criteria in sections 71-6221 to 71-6223 and considering governmental and societal costs and benefits, if the Legislature finds that it is necessary to regulate a health profession not previously regulated by law, the least restrictive alternative method of regulation shall be implemented, consistent with the public interest and this section, as follows:
(1) When the threat to the public health, safety, welfare, or economic well-being is relatively small, regulation shall be by means other than direct credentialing of the health profession. Such regulation may include, but shall not be limited to:
(a) Inspection requirements;
(b) Enabling an appropriate state agency to bring an end to a harmful practice by injunctive relief in court;
(c) Regulating the business activity or entity providing the service rather than the employees of the business or entity; or
(d) Regulating or modifying the regulation of the health profession supervising or responsible for the service being performed;
(2) When there exists a diversity of approaches, methods, and theories by which services may be rendered and when the right of the consumer to choose freely among such options is considered to be of equal importance with the need to protect the public from harm, the regulation shall implement a system of registration;
(3) When the consumer may have a substantial basis for relying on the services of a practitioner, the regulation shall implement a system of certification; or
(4) When it is apparent that adequate regulation cannot be achieved by means other than licensing, the regulation shall implement a system of licensing.
Source
Laws 1985, LB 407, § 22;
Laws 1988, LB 384, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6223 - Letter of intent; application; contents.

71-6223.
Letter of intent; application; contents.
(1) An applicant group shall submit a letter of intent to file an application to the director on forms prescribed by the director. The letter of intent shall identify the applicant group, the proposed regulation or change in scope of practice sought, and information sufficient for the director to determine whether the application is eligible for review.
(2) The director shall notify the applicant group as to whether it is eligible for review within fifteen days after the receipt of the letter of intent. The final application shall be submitted to the director who shall notify the applicant group of its acceptance for review within fifteen days after receipt of the final application. If more than one application is received in a given year, the director may establish the order in which applications shall be reviewed.
(3) The application shall include an explanation of:
(a) The problem created by not regulating a health professional group not previously regulated or by not changing the scope of practice of a regulated health profession;
(b) If the application is for the regulation of a health professional group not previously regulated, all feasible methods of regulation, including those methods listed in section 71-6222, and the impact of such methods on the public;
(c) The benefit to the public of regulating a health professional group not previously regulated or changing the scope of practice of a regulated health profession;
(d) The extent to which regulation or the change of scope of practice might harm the public;
(e) The type of standards that exist to ensure that a practitioner of a health profession would maintain competency;
(f) A description of the health professional group proposed for regulation, including a list of associations, organizations, and other groups representing the practitioners in this state, an estimate of the number of practitioners in each group, and whether the groups represent different levels of practice;
(g) The role and availability of third-party reimbursement for the services provided by the applicant group;
(h) The experience of other jurisdictions in regulating the practitioners affected by the application;
(i) The expected costs of regulation, including (i) the impact registration, certification, or licensure will have on the costs of the services to the public and (ii) the cost to the state and to the general public of implementing the proposed legislation; and
(j) Other information relevant to the requested review as determined by the division.
Source
Laws 1985, LB 407, § 23;
Laws 1988, LB 384, § 9;
Laws 2012, LB834, § 17.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6223.01 - Application fee; disposition; waiver.

71-6223.01.
Application fee; disposition; waiver.
Each application shall be accompanied by an application fee of five hundred dollars to be submitted at the time the letter of intent is filed. The division shall remit all application fees to the State Treasurer for credit to the Professional and Occupational Credentialing Cash Fund. The application fee shall not be refundable, but the director may waive all or part of the fee if he or she finds it to be in the public interest to do so. Such a finding by the director may include, but shall not be limited to, circumstances in which the director determines that the application would be eligible for review and:
(1) The applicant group is an agency of state government;
(2) Members of the applicant group will not be materially affected by the implementation of the proposed regulation or change in scope of practice; or
(3) Payment of the application fee would impose unreasonable hardship on members of the applicant group.
Source
Laws 1988, LB 384, § 14;
Laws 2012, LB834, § 18.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6223.02 - Directed review; initiation; procedure; report.

71-6223.02.
Directed review; initiation; procedure; report.
At any time the director and the chairperson may initiate a directed review or the chairperson in consultation with the members of the Health and Human Services Committee of the Legislature may initiate a directed review. The purpose of a directed review is to determine the advisability of credentialing a health professional group not previously regulated, of changing the scope of practice of a regulated health profession, or of other issues regarding the regulation of health professions. Before initiating a directed review, the director and the chairperson, or the chairperson in consultation with the Health and Human Services Committee, shall determine that no appropriate applicant group exists. No letter of intent, applicant group, application, or application fee shall be required in a directed review. The duty of the technical committee in a directed review shall be to investigate the issues that are the subject of the review, to hold a public hearing to receive information from the public on the issues, to develop a specific proposal to address the issues investigated taking into account the appropriate criteria as set forth in section 71-6221, and to prepare a final report containing the technical committee's proposal, other options considered, and other relevant information.
Source
Laws 1993, LB 536, § 106;
Laws 2015, LB90, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6224 - Technical committee; appointment; membership; meetings; duties.

71-6224.
Technical committee; appointment; membership; meetings; duties.
(1) The director with the advice of the board shall appoint an appropriate technical committee to examine and investigate each application. The committee shall consist of six appointed members and one member of the board designated by the board who shall serve as chairperson of the committee. The chairperson of the committee shall not be a member of the applicant group, any health profession sought to be regulated by the application, or any health profession which is directly or indirectly affected by the application. The director shall ensure that the total composition of the committee is fair, impartial, and equitable. In no event shall more than one member of the same regulated health profession, the applicant group, or the health profession sought to be regulated by an application serve on a technical committee.
(2) As soon as possible after its appointment, the committee shall meet and review the application assigned to it. The committee shall serve as a factfinding body and undertake such investigation as it deems necessary to address the issues identified in the application. As part of its investigation, each committee shall consider available scientific evidence and conduct public factfinding hearings. Each committee shall comply with the Open Meetings Act.
(3) An applicant group shall have the burden of producing evidence to support its application.
(4) Each committee shall detail its findings in a report and file the report with the board and the director. Each committee shall evaluate the application presented to it on the basis of the appropriate criteria as established in sections 71-6221 to 71-6223, shall make written findings on all criteria, and shall make a recommendation for approval or denial. Whether it recommends approval or denial of an application, the committee may make additional recommendations regarding changes to the proposal or other solutions to problems identified during the review and may comment on the anticipated benefits to the health, safety, and welfare of the public. If the committee recommends approval of an application for regulation of a health profession not currently regulated, it shall also recommend the least restrictive method of regulation to be implemented consistent with the cost-effective protection of the public and with section 71-6222. The committee may recommend a specific method of regulation not listed in section 71-6222 if it finds that such method is the best alternative method of regulation.
Source
Laws 1985, LB 407, § 24;
Laws 1988, LB 384, § 10;
Laws 2004, LB 821, § 20;
Laws 2012, LB834, § 19.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6225 - Board; review technical committee report; report to director.

71-6225.
Board; review technical committee report; report to director.
The board shall receive reports from the technical committees and shall meet to review and discuss each report. The board shall apply the criteria established in sections 71-6221 to 71-6223 and compile its own report, including its findings and recommendations, and submit such report, together with the committee report, to the director. The recommendation of the board shall be developed in a manner consistent with subsection (4) of section 71-6224.
Source
Laws 1985, LB 407, § 25;
Laws 1988, LB 384, § 11;
Laws 2012, LB834, § 20.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6226 - Director; prepare final report; recommendations.

71-6226.
Director; prepare final report; recommendations.
(1) After receiving and considering reports from the committee or the board, the director shall prepare a final report for the Legislature. The final report shall include copies of the committee report and the board report, if any, but the director shall not be bound by the findings and recommendations of such reports. The director in compiling his or her report shall apply the criteria established in sections 71-6221 to 71-6223 and may consult with the board or the committee. The recommendation of the director shall be developed in a manner consistent with subsection (4) of section 71-6224. The final report shall be submitted electronically to the Speaker of the Legislature, the Chairperson of the Executive Board of the Legislature, and the Chairperson of the Health and Human Services Committee of the Legislature no later than twelve months after the application is submitted to the director and found to be complete and shall be made available electronically to all other members of the Legislature upon request.
(2) The director may recommend that no legislative action be taken on an application. If the director recommends that an application of an applicant group be approved, the director shall recommend an agency to be responsible for the regulation and the level of regulation to be assigned to such applicant group.
(3) An application which is resubmitted shall be considered the same as a new application.
Source
Laws 1985, LB 407, § 26;
Laws 1988, LB 384, § 12;
Laws 2012, LB782, § 123;
Laws 2012, LB834, § 21.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6227 - Rules and regulations; professional and clerical services; expenses.

71-6227.
Rules and regulations; professional and clerical services; expenses.
(1) The director may, with the advice of the board, adopt and promulgate rules and regulations necessary to carry out the Nebraska Regulation of Health Professions Act.
(2) The director shall provide all necessary professional and clerical services to assist the committees and the board. Records of all official actions and minutes of all business coming before the committees and the board shall be kept. The director shall be the custodian of all records, documents, and other property of the committees and the board.
(3) Committee members shall receive no salary but shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
Source
Laws 1985, LB 407, § 27;
Laws 2020, LB381, § 69.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6229 - Act, how construed.

71-6229.
Act, how construed.
Nothing in the Nebraska Regulation of Health Professions Act shall apply to the practice of the religious tenets of any recognized church or religious denomination which includes healing solely by spiritual means through prayer.
Source
Laws 1985, LB 407, § 29.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6302 - Asbestos project; business entity; license required; exceptions; training course.

71-6302.
Asbestos project; business entity; license required; exceptions; training course.
Except as otherwise provided in this section or section 71-6309, a business entity shall not engage in an asbestos project unless the business entity holds a license for that purpose. A business entity which (1) only performs asbestos projects which are less than two hundred sixty linear feet or which are less than one hundred sixty square feet and linear feet in any combination or (2) uses its own employees for an asbestos project for the purpose of renovating, maintaining, or repairing its own facilities shall not be required to hold a license. Business entities not required to hold a license shall provide a training course to inform the employees of the health and safety aspects of the asbestos project, including the applicable state standards. The training course shall meet the standards for such course as prescribed in section 71-6310.01 and the rules and regulations adopted and promulgated pursuant to such section. The training course shall be available for review and approval upon inspection by the department.
Source
Laws 1986, LB 1051, § 2;
Laws 1988, LB 1073, § 2;
Laws 1990, LB 923, § 2;
Laws 2002, LB 1021, § 98.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6304 - Business entity; license; qualifications.

71-6304.
Business entity; license; qualifications.
To qualify for a license, a business entity shall:
(1) Own or demonstrate immediate and continuing access to and maintain in operable condition modern and effective equipment, as prescribed by the department, which is designed for use in asbestos projects;
(2) Ensure that each employee or agent of the business entity who will come into contact with asbestos or who will be present on an asbestos project is licensed as required by the Asbestos Control Act;
(3) Demonstrate to the satisfaction of the department that the business entity is capable of complying with all applicable requirements, procedures, and standards pertaining to the asbestos project;
(4) Have access to at least one approved asbestos disposal site for deposit of all asbestos waste that the business entity will generate during the term of the license; and
(5) Meet any other standards which the department may deem necessary to protect the health, safety, and welfare of all classes of asbestos occupations and the general public.
Source
Laws 1986, LB 1051, § 4;
Laws 1988, LB 1073, § 4;
Laws 2007, LB463, § 1245.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6305 - License; application; contents.

71-6305.
License; application; contents.
(1) To apply for a license, a business entity shall submit an application to the department in the form required by the department and shall pay the fee prescribed by the department.
(2) The application shall include, but not be limited to:
(a) The name, address, and nature of the business entity;
(b) A statement that all individuals who will engage in any asbestos project for the business entity will be licensed as required by the Asbestos Control Act;
(c) A description of the protective clothing and respirators that the business entity will use;
(d) The name and address of each asbestos disposal site that the business entity will use;
(e) A description of the site decontamination procedures that the business entity will use;
(f) A description of the removal, enclosure, encapsulation, demolition, dismantling, and maintenance methods that the business entity will use;
(g) A description of the procedures that the business entity will use for handling waste containing asbestos;
(h) A description of the air monitoring procedures that the business entity will use;
(i) A description of the procedures that the business entity will use in cleaning up the asbestos project;
(j) The signature of the chief executive officer of the business entity or his or her designee; and
(k) Such other information as may be necessary for the efficient administration and enforcement of the act and for the protection of the health, safety, and welfare of the general public and all classes of asbestos occupations.
Source
Laws 1986, LB 1051, § 5;
Laws 1988, LB 1073, § 5;
Laws 2007, LB463, § 1246.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6306 - License; term; renewal.

71-6306.
License; term; renewal.
(1) A license of a business entity shall expire on the first anniversary of its effective date unless it is renewed for one year as provided in this section.
(2) At least thirty days before the license expires, the department shall send to the licensee at his or her last-known address a renewal notice which states:
(a) The date on which the current license expires;
(b) The date by which the renewal application must be received by the department for the renewal to be issued and mailed before the license expires; and
(c) The amount of the renewal fee.
(3) Before the license expires, the licensee may renew it for an additional one-year period if the licensee:
(a) Is otherwise entitled to be licensed;
(b) Submits a renewal application to the department in the form required by the department; and
(c) Pays the renewal fee prescribed by the department.
Source
Laws 1986, LB 1051, § 6;
Laws 1988, LB 1073, § 6;
Laws 2007, LB463, § 1247.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6307 - Licensee or business entity; records required; contents.

71-6307.
Licensee or business entity; records required; contents.
The licensee or a business entity, whether excepted from the requirements for licensure by section 71-6302 or whether operating under a waiver, shall keep a record of each asbestos project and shall make the record available to the department at any reasonable time. All such records shall be kept for at least thirty years. Each record shall include:
(1) The name, address, and license number of the individual who supervised the asbestos project and of each employee or agent who worked on the project;
(2) The location and description of the project and the amount of asbestos material that was removed;
(3) The starting and completion dates of each instance of asbestos encapsulation, demolition, dismantling, maintenance, or removal;
(4) A summary of the procedures that were used to comply with all applicable standards;
(5) The name and address of each asbestos disposal site where the waste containing asbestos was deposited; and
(6) Such other information as the department may deem necessary for the efficient administration and enforcement of the Asbestos Control Act and for the protection of the health, safety, and welfare of all classes of asbestos occupations and the general public.
Source
Laws 1986, LB 1051, § 7;
Laws 1988, LB 1073, § 7;
Laws 2007, LB463, § 1248.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6309 - Waiver of requirements; when authorized.

71-6309.
Waiver of requirements; when authorized.
(1) In the event of an emergency in which, in the opinion of the department, there is created a situation of present and severe danger which poses an immediate threat to the public health, safety, and welfare, the department may waive the requirement for licensure of an individual or business entity upon application and payment of the fee prescribed by the department. Such emergency waiver shall be limited to the time required to take protective measures.
(2) The department may, on a case-by-case basis, approve an alternative to a specific worker protection requirement for an asbestos project if the business entity submits a written description of the alternative procedure and demonstrates to the department's satisfaction that the proposed alternative procedure provides equivalent protection to the health, safety, and welfare of all classes of asbestos occupations and the general public.
(3) If the business entity is not primarily engaged in asbestos projects, the department may waive the requirement for a license upon application and payment of the fee prescribed by the department if worker protection requirements are met or an alternative procedure is approved pursuant to subsection (2) of this section and the health, safety, and welfare of the general public is protected.
Source
Laws 1986, LB 1051, § 9;
Laws 1988, LB 1073, § 8;
Laws 2007, LB296, § 656;
Laws 2007, LB463, § 1249.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6310.02 - Asbestos occupations; license; renewal; continuing competency requirements.

71-6310.02.
Asbestos occupations; license; renewal; continuing competency requirements.
(1) Any individual licensed in any of the asbestos occupations prescribed in section 71-6310, as a condition for license renewal, shall complete continuing competency activities as required by the department and shall be examined and approved by a physician as prescribed for initial applicants in section 71-6310. The licensee shall submit evidence as required by the department of satisfaction of the requirements of this section.
(2) The department shall adopt and promulgate rules and regulations to establish the continuing competency requirements pursuant to the Uniform Credentialing Act. Continuing education is sufficient to meet continuing competency requirements. The requirements may also include, but not be limited to, one or more of the continuing competency activities listed in section 38-145 which a licensee may select as an alternative to continuing education.
Source
Laws 1988, LB 1073, § 13;
Laws 2002, LB 1021, § 100;
Laws 2007, LB463, § 1252.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6310.03 - Project designer or project monitor; duties.

71-6310.03.
Project designer or project monitor; duties.
If a project designer or a project monitor is selected by the structure's owner or operator for an asbestos project, the project designer and project monitor shall be responsible for the following:
(1) Project designers shall prepare plans and specifications for business entities conducting asbestos projects. The plans and specifications shall be consistent with the criteria, requirements, and best interests of the structure's owner or operator and the requirements of the Asbestos Control Act. The project designer shall represent the owner or operator and ensure that these objectives are achieved by the business entity conducting the project throughout the project;
(2) Prior to preparing plans and specifications for any renovation project, a project designer shall ensure that any equipment items and any structural items of a structure affected by the renovation were inspected and assessed by a licensed inspector. Prior to preparing plans and specifications for any demolition, a project designer shall ensure that the entire structure was inspected and assessed by a licensed inspector. No dismantling or salvage operation shall begin before the inspection and assessment is completed;
(3) If a project designer or project monitor is selected by the owner or operator of the structure on or in which the asbestos project is conducted, he or she shall be independent of the business entity selected to perform the asbestos project. A private or public business entity which uses its own trained and licensed employees to perform asbestos projects may also use its own employees who are trained and licensed as project designers or project monitors to design and monitor projects conducted on or in its own structures; and
(4) If a project designer or project monitor is selected by the structure's owner or operator for an asbestos project, the project designer or project monitor shall oversee the activities of a business entity conducting an asbestos project to ensure that the requirements of the Asbestos Control Act and the rules and regulations adopted and promulgated pursuant to the act are met. Prior to allowing an asbestos project site to be returned to normal occupancy or function, a project designer or project monitor shall ensure that all waste, debris, and residue have been removed from the site in compliance with the act and the rules and regulations adopted and promulgated pursuant to the act.
Source
Laws 1995, LB 406, § 78;
Laws 2007, LB463, § 1253.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6310.04 - Fees.

71-6310.04.
Fees.
The department shall establish and collect fees for issuance and renewal of licenses as provided in sections 38-151 to 38-157 for individuals licensed under section 71-6310.
Source
Laws 2007, LB463, § 1254.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6311 - Governmental body; contract with nonlicensee prohibited.

71-6311.
Governmental body; contract with nonlicensee prohibited.
No state agency, county, city, village, school district, or other political subdivision shall accept a bid in connection with any asbestos project which is two hundred sixty or more linear feet or one hundred sixty or more square feet and linear feet in any combination from a business entity which does not hold a license from the department at the time the bid is submitted.
Source
Laws 1986, LB 1051, § 11;
Laws 1995, LB 406, § 77.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6312 - Violations; penalties.

71-6312.
Violations; penalties.
(1) An individual or business entity which engages in an asbestos project without a valid license, except as otherwise provided in the Asbestos Control Act, shall be assessed a civil penalty of not less than five thousand dollars nor more than twenty-five thousand dollars for the first offense and not less than twenty-five thousand dollars nor more than one hundred thousand dollars for a second or subsequent offense. Each day a violation continues shall constitute a separate offense.
(2) An individual who engages in an asbestos occupation without a valid license, except as otherwise provided in the act, shall be assessed a civil penalty of not less than five hundred dollars nor more than five thousand dollars for the first offense and not less than one thousand dollars nor more than fifteen thousand dollars for the second or subsequent offense. Each day a violation continues shall constitute a separate offense.
(3) Any business entity which knowingly engages in an asbestos project but which uses employees who do not hold a license shall be assessed a civil penalty of not less than five hundred dollars nor more than five thousand dollars for the first offense and not less than five thousand dollars nor more than ten thousand dollars for a second or subsequent offense. Each day a violation continues shall constitute a separate offense.
(4) The civil penalties prescribed in subsections (1), (2), and (3) of this section shall be assessed in a civil action brought for such purpose by the Attorney General in the district court of the county in which the violation occurred.
(5) An individual or business entity which has been assessed a civil penalty under this section and subsequently engages in an asbestos project or an asbestos occupation without a valid license or using employees who do not hold a license, except as otherwise provided in the Asbestos Control Act:
(a) For a first offense, shall be guilty of a Class I misdemeanor; and
(b) For a second or subsequent offense, shall be guilty of a Class IV felony.
Source
Laws 1986, LB 1051, § 12;
Laws 1988, LB 1073, § 10;
Laws 1990, LB 923, § 3;
Laws 2007, LB463, § 1255.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6313 - Violations; action to enjoin.

71-6313.
Violations; action to enjoin.
The Attorney General may institute an action in the name of the state for an injunction or other process against any business entity or individual to restrain or prevent any violation of the Asbestos Control Act or of any rules and regulations adopted and promulgated pursuant to such act.
Source
Laws 1986, LB 1051, § 13;
Laws 1988, LB 1073, § 11;
Laws 2007, LB463, § 1256.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6315 - Existing rules, regulations, licenses, certificates, forms of approval, suits, other proceedings; how treated.

71-6315.
Existing rules, regulations, licenses, certificates, forms of approval, suits, other proceedings; how treated.
(1) All rules and regulations adopted prior to December 1, 2008, under the Asbestos Control Act shall continue to be effective to the extent not in conflict with the changes made by Laws 2007, LB 463.
(2) All licenses, certificates, or other forms of approval issued prior to December 1, 2008, in accordance with the Asbestos Control Act shall remain valid as issued for purposes of the changes made by Laws 2007, LB 463, unless revoked or otherwise terminated by law.
(3) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to December 1, 2008, under the Asbestos Control Act shall be subject to the provisions of the act as they existed prior to December 1, 2008.
Source
Laws 2007, LB463, § 1258.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6316 - Act; districts exempt.

71-6316.
Act; districts exempt.
The Asbestos Control Act shall not apply to a district as defined in section 70-601 or a district subject to sections 14-2101 to 14-2157.
Source
Laws 1988, LB 1073, § 17;
Laws 1992, LB 746, § 74.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6317 - Asbestos Control Act; act, how cited.

71-6317.
Asbestos Control Act; act, how cited.
Sections 71-6301 to 71-6317 shall be known and may be cited as the Asbestos Control Act.
Source
Laws 1988, LB 1073, § 18;
Laws 1995, LB 406, § 80;
Laws 2007, LB463, § 1259.
Cross References
Asbestos removal, credentialing provisions, see sections 38-1,119 to 38-1,123.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6318 - Residential Lead-Based Paint Professions Practice Act; act, how cited.

71-6318.
Residential Lead-Based Paint Professions Practice Act; act, how cited.
Sections 71-6318 to 71-6331.01 shall be known and may be cited as the Residential Lead-Based Paint Professions Practice Act.
Source
Laws 1994, LB 1210, § 166;
Laws 1995, LB 147, § 1;
Laws 1999, LB 863, § 1;
Laws 2007, LB463, § 1260.
Cross References
Lead-based paint removal, credentialing provisions, see sections 38-1,119 to 38-1,123.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6318.01 - Act; purpose and applicability.

71-6318.01.
Act; purpose and applicability.
(1) The Residential Lead-Based Paint Professions Practice Act contains procedures and requirements for the accreditation of training programs, procedures and requirements for the licensure of individuals and firms engaged in lead-based paint activities, and work practice standards for performing lead-based paint activities. The act also requires that, except as otherwise provided in the act, all lead-based paint activities be performed by licensed individuals and firms.
(2) The act applies to all individuals and firms who are engaged in lead-based paint activities, except persons who perform lead-based paint activities within residential dwellings that they own, unless the residential dwelling is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being performed or unless a child residing in the building has been identified as having an elevated blood-lead level.
(3) While the act establishes specific requirements for performing lead-based paint activities should they be undertaken, nothing in the act requires that the owner or occupant undertake any particular lead-based paint activity.
Source
Laws 1999, LB 863, § 2;
Laws 2007, LB463, § 1261.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.01 - Definitions, where found.

71-6319.01.
Definitions, where found.
For purposes of the Residential Lead-Based Paint Professions Practice Act, the definitions found in sections 71-6319.02 to 71-6319.40 apply.
Source
Laws 1999, LB 863, § 3;
Laws 2007, LB463, § 1262.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.02 - Abatement or abatement project, defined.

71-6319.02.
Abatement or abatement project, defined.
Abatement or abatement project means any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to:
(1) The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil;
(2) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures; and
(3)(a) Projects for which there is a written contract or other documentation which provides that a firm or an individual will be conducting activities in or to a residential dwelling or child-occupied facility that (i) will result in the permanent elimination of lead-based paint hazards or (ii) are designed to permanently eliminate lead-based paint hazards and are described in subdivision (1) or (2) of this section;
(b) Projects resulting in the permanent elimination of lead-based paint hazards conducted by firms or individuals licensed in accordance with the Residential Lead-Based Paint Professions Practice Act unless such projects are excluded from the definition of abatement or abatement project under this section;
(c) Projects resulting in the permanent elimination of lead-based paint hazards conducted by firms or individuals who or which, through company name or promotional literature, hold themselves out to be in the business of performing lead-based paint activities unless such projects are excluded from the definition of abatement or abatement project under this section; or
(d) Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders.
Abatement does not include renovation, remodeling, landscaping, or other activities when such activities are not designed to permanently eliminate lead-based paint hazards but instead are designed to repair, restore, or remodel a structure or dwelling even if such activities may incidentally result in a reduction or elimination of lead-based paint hazards. Abatement does not include interim controls, operations, and maintenance activities or other measures and activities designed to temporarily but not permanently reduce lead-based paint hazards.
Source
Laws 1999, LB 863, § 4;
Laws 2007, LB463, § 1263.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.03 - Accredited training program, defined.

71-6319.03.
Accredited training program, defined.
Accredited training program means a training program that has been accredited by the department to provide training for individuals engaged in lead-based paint activities.
Source
Laws 1999, LB 863, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.04 - Licensed abatement worker, defined.

71-6319.04.
Licensed abatement worker, defined.
Licensed abatement worker means an individual who has been trained by an accredited training program and licensed by the department to perform abatement projects.
Source
Laws 1999, LB 863, § 6;
Laws 2007, LB463, § 1264.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.06 - Licensed inspector, defined.

71-6319.06.
Licensed inspector, defined.
Licensed inspector means an individual who has been trained by an accredited training program and licensed by the department to conduct inspections and sample for the presence of lead in dust and soil for the purposes of abatement clearance testing.
Source
Laws 1999, LB 863, § 8;
Laws 2007, LB463, § 1266.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.07 - Licensed project designer, defined.

71-6319.07.
Licensed project designer, defined.
Licensed project designer means an individual who has been trained by an accredited training program and licensed by the department to prepare abatement project designs, occupant protection plans, and abatement reports.
Source
Laws 1999, LB 863, § 9;
Laws 2007, LB463, § 1267.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.08 - Licensed risk assessor, defined.

71-6319.08.
Licensed risk assessor, defined.
Licensed risk assessor means an individual who has been trained by an accredited training program and licensed by the department to conduct risk assessments and to sample for the presence of lead in dust and soil for the purposes of abatement clearance testing.
Source
Laws 1999, LB 863, § 10;
Laws 2007, LB463, § 1268.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.09 - Licensed supervisor, defined.

71-6319.09.
Licensed supervisor, defined.
Licensed supervisor means an individual who has been trained by an accredited training program and licensed by the department to supervise and conduct abatement projects and to prepare occupant protection plans and abatement reports.
Source
Laws 1999, LB 863, § 11;
Laws 2007, LB463, § 1269.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.10 - Licensed visual lead-hazard advisor, defined.

71-6319.10.
Licensed visual lead-hazard advisor, defined.
Licensed visual lead-hazard advisor means an individual who has been trained by an accredited training program and licensed by the department to conduct a visual lead-hazard screen.
Source
Laws 1999, LB 863, § 12;
Laws 2007, LB463, § 1270.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.11 - Child-occupied facility, defined.

71-6319.11.
Child-occupied facility, defined.
Child-occupied facility means a building or portion of a building, constructed prior to 1978, visited regularly by the same child six years of age or under, on at least two different days within any seven-day period running from Sunday through Saturday, if each daily visit lasts at least three hours, the combined weekly visits last at least six hours, and the combined annual visits last at least sixty hours. Child-occupied facility may include, but is not limited to, a day-care center, a preschool, or a kindergarten classroom.
Source
Laws 1999, LB 863, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.12 - Common area, defined.

71-6319.12.
Common area, defined.
Common area means a portion of a building that is generally accessible to all occupants and may include, but is not limited to, a hallway, stairway, laundry or recreational room, playground, community center, garage, or boundary fence.
Source
Laws 1999, LB 863, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.13 - Component or building component, defined.

71-6319.13.
Component or building component, defined.
Component or building component means a specific design or structural element or a fixture of a building, residential dwelling, or child-occupied facility that is distinguished from others by form, function, and location and may include, but is not limited to, (1) interior components such as ceilings, crown moldings, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim including sashes, window heads, jambs, or sills or stools and troughs, built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners and (2) exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascia, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes, and wells, and air conditioners.
Source
Laws 1999, LB 863, § 15.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.14 - Containment, defined.

71-6319.14.
Containment, defined.
Containment means a process to protect workers and the environment by controlling exposure to the lead-contaminated dust and debris created during an abatement project.
Source
Laws 1999, LB 863, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.16 - Deteriorated paint, defined.

71-6319.16.
Deteriorated paint, defined.
Deteriorated paint means paint that is cracking, flaking, chipping, peeling, or otherwise separating from the substrate of a building component.
Source
Laws 1999, LB 863, § 18.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.18 - Elevated blood-lead level, defined.

71-6319.18.
Elevated blood-lead level, defined.
Elevated blood-lead level means a confirmed concentration of lead in whole blood of twenty micrograms of lead per deciliter of whole blood for a single venous test or of fifteen to nineteen micrograms of lead per deciliter of whole blood in two consecutive tests taken three to four months apart.
Source
Laws 1999, LB 863, § 20.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.19 - Encapsulant, defined.

71-6319.19.
Encapsulant, defined.
Encapsulant means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating, with or without reinforcement materials, or an adhesively bonded covering material.
Source
Laws 1999, LB 863, § 21.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.21 - Enclosure, defined.

71-6319.21.
Enclosure, defined.
Enclosure means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.
Source
Laws 1999, LB 863, § 23.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.22 - Firm, defined.

71-6319.22.
Firm, defined.
Firm means a company, partnership, corporation, sole proprietorship, association, or other business entity that conducts lead-based paint abatement or abatement projects.
Source
Laws 1999, LB 863, § 24.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.23 - Guest instructor, defined.

71-6319.23.
Guest instructor, defined.
Guest instructor means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.
Source
Laws 1999, LB 863, § 25.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.25 - Interim controls, defined.

71-6319.25.
Interim controls, defined.
Interim controls means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.
Source
Laws 1999, LB 863, § 27.