reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.26 - Lead-based paint, defined.

71-6319.26.
Lead-based paint, defined.
Lead-based paint means paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter or more than five-tenths of one percent by weight in a residential dwelling or child-occupied facility.
Source
Laws 1999, LB 863, § 28.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.27 - Lead-based paint activities, defined.

71-6319.27.
Lead-based paint activities, defined.
Lead-based paint activities means, in the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement.
Source
Laws 1999, LB 863, § 29.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.28 - Lead-based paint hazard, defined.

71-6319.28.
Lead-based paint hazard, defined.
Lead-based paint hazard means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated paint or is present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the department.
Source
Laws 1999, LB 863, § 30;
Laws 2007, LB296, § 658.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.29 - Lead-based paint profession, defined.

71-6319.29.
Lead-based paint profession, defined.
Lead-based paint profession means one of the specific types or categories of lead-based paint activities identified in the Residential Lead-Based Paint Professions Practice Act for which individuals may receive training from an accredited training program and become licensed by the department.
Source
Laws 1999, LB 863, § 31;
Laws 2007, LB463, § 1271.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.30 - Lead-contaminated dust, defined.

71-6319.30.
Lead-contaminated dust, defined.
Lead-contaminated dust means surface dust in a residential dwelling or child-occupied facility that contains an area or mass concentration of lead at or in excess of levels identified by the department.
Source
Laws 1999, LB 863, § 32;
Laws 2007, LB296, § 659.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.31 - Lead-contaminated soil, defined.

71-6319.31.
Lead-contaminated soil, defined.
Lead-contaminated soil means bare soil on residential real property or on the property of a child-occupied facility that contains lead at or in excess of levels identified by the department.
Source
Laws 1999, LB 863, § 33;
Laws 2007, LB296, § 660.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.32 - Person, defined.

71-6319.32.
Person, defined.
Person means any natural or judicial person, including any individual, corporation, partnership, or association, any state, or political subdivision thereof, any interstate body, and any department, agency, or instrumentality of the United States Government.
Source
Laws 1999, LB 863, § 34.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.35 - Residential dwelling, defined.

71-6319.35.
Residential dwelling, defined.
Residential dwelling means a detached single-family dwelling unit, including attached structures such as porches and stoops, or a single-family dwelling unit in a structure that contains more than one separate residential dwelling unit which is used or occupied or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.
Source
Laws 1999, LB 863, § 37.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.36 - Risk assessment, defined.

71-6319.36.
Risk assessment, defined.
Risk assessment means an onsite investigation to determine the existence, nature, severity, and location of lead-based paint hazards and the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.
Source
Laws 1999, LB 863, § 38.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.37 - Target housing, defined.

71-6319.37.
Target housing, defined.
Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities unless one or more children six years of age or under resides or is expected to reside in such housing for the elderly or persons with disabilities or any zero-bedroom dwelling.
Source
Laws 1999, LB 863, § 39.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6319.40 - Visual lead-hazard screen, defined.

71-6319.40.
Visual lead-hazard screen, defined.
Visual lead-hazard screen means a visual assessment to determine the presence of deteriorated paint or other potential sources of lead-based paint hazards in a residential dwelling or child-occupied facility. Visual lead-hazard screen includes a written report explaining the results and limitations of the assessment. The written report will be provided to the person requesting the inspection, the residents of the dwelling, and the owner of the dwelling or child-occupied facility. A licensed visual lead-hazard advisor shall retain a copy of the report in his or her files for three years.
Source
Laws 1999, LB 863, § 42;
Laws 2007, LB463, § 1272.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6320 - Lead abatement project; firm; license required.

71-6320.
Lead abatement project; firm; license required.
Except as otherwise provided in the Residential Lead-Based Paint Professions Practice Act, a firm shall not engage in an abatement project unless the firm holds a license for that purpose.
Source
Laws 1994, LB 1210, § 168;
Laws 1999, LB 863, § 43;
Laws 2007, LB463, § 1273.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6322 - Firm; license; qualifications.

71-6322.
Firm; license; qualifications.
To qualify for a license, a firm 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 abatement projects;
(2) Ensure that each employee or agent of the firm who will participate in an abatement project is licensed as required by the Residential Lead-Based Paint Professions Practice Act;
(3) Demonstrate to the satisfaction of the department that the firm is capable of complying with all applicable requirements, procedures, and standards pertaining to abatement projects; and
(4) Meet any other standards which the department may deem necessary to protect the health, safety, and welfare of all classes of lead-based paint professions and the general public.
Source
Laws 1994, LB 1210, § 170;
Laws 1999, LB 863, § 45;
Laws 2007, LB463, § 1275.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6323 - License; application; contents; current certificate holder; how treated.

71-6323.
License; application; contents; current certificate holder; how treated.
(1) To apply for a license, a firm 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 firm;
(b) A statement that all individuals who will engage in any abatement project for the firm will be licensed as required by the Residential Lead-Based Paint Professions Practice Act;
(c) A description of the removal, enclosure, encapsulation, demolition, dismantling, and maintenance methods that the firm will use;
(d) A description of the procedures that the firm will use for handling lead-containing waste;
(e) A description of the procedures that the firm will use in cleaning up the abatement project;
(f) The signature of the chief executive officer of the firm or his or her designee; and
(g) 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 all classes of lead-based paint professions and the general public.
(3) A firm holding a certificate on December 1, 2008, shall be deemed to be holding a license under the Residential Lead-Based Paint Professions Practice Act and the Uniform Credentialing Act on such date. The certificate holder may continue to practice under such certificate as a license in accordance with such acts until the certificate would have expired under its terms.
Source
Laws 1994, LB 1210, § 171;
Laws 1999, LB 863, § 46;
Laws 2007, LB463, § 1276.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6326 - Individuals; license required; qualifications; term; renewal; applications; current certificate holder; how treated.

71-6326.
Individuals; license required; qualifications; term; renewal; applications; current certificate holder; how treated.
(1) An individual shall not be eligible to work on an abatement project unless the individual holds a license issued by the department.
(2) The department shall issue the following classes of licenses: Worker, supervisor, inspector, risk assessor, visual lead-hazard advisor, elevated blood-lead level inspector, and project designer. To qualify for a license of a particular class, an individual shall have (a) successfully completed a training course approved or administered by the department, (b) passed an examination approved or administered by the department with at least the minimum score prescribed by the department, and (c) for the classes of worker and supervisor, been examined by a physician within the preceding year and declared by the physician to be physically capable of working while wearing a respirator.
(3) An individual holding such a certificate on December 1, 2008, shall be deemed to be holding a license under the Residential Lead-Based Paint Professions Practice Act and the Uniform Credentialing Act on such date. The certificate holder may continue to practice under such certificate as a license in accordance with such acts until the certificate would have expired under its terms.
Source
Laws 1994, LB 1210, § 174;
Laws 1997, LB 752, § 196;
Laws 1999, LB 863, § 47;
Laws 2007, LB463, § 1277.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6327 - Lead-based paint professions; license; application; disciplinary actions; fees; continuing competency requirements.

71-6327.
Lead-based paint professions; license; application; disciplinary actions; fees; continuing competency requirements.
(1) An applicant for a license in any of the lead-based paint professions prescribed in the Residential Lead-Based Paint Professions Practice Act shall be made as provided in the Uniform Credentialing Act. An individual shall be credentialed in the same manner as an individual under subsection (1) of section 38-121 and shall be subject to the disciplinary provisions of the Uniform Credentialing Act as provided in section 71-6331. The department shall establish and collect license and renewal fees as provided in sections 38-151 to 38-157.
(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 1994, LB 1210, § 175;
Laws 1999, LB 863, § 48;
Laws 2002, LB 1021, § 102;
Laws 2007, LB463, § 1278.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6328 - Governmental body; acceptance of bid; limitation.

71-6328.
Governmental body; acceptance of bid; limitation.
No state agency, county, city, village, school district, or other political subdivision shall accept a bid in connection with any abatement project from a firm which does not hold a license from the department at the time the bid is submitted.
Source
Laws 1994, LB 1210, § 176;
Laws 1999, LB 863, § 49;
Laws 2007, LB463, § 1279.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6328.01 - Reciprocity.

71-6328.01.
Reciprocity.
Any individual or firm who or which has been issued a license, a certificate, or accreditation for training in another state which (1) has a licensure, certification, or accreditation program approved by the federal Environmental Protection Agency, (2) has licensure, accreditation, certification, education, and experience requirements substantially equal to or greater than those adopted by this state, and (3) grants equal licensure, certification, and accreditation privileges to individuals and firms licensed or accredited and residing in this state may be issued an equivalent license or accreditation in Nebraska upon terms and conditions determined by the department. The terms and conditions may reduce the time period the license is valid and the fee requirements.
Source
Laws 1999, LB 863, § 53;
Laws 2003, LB 242, § 146;
Laws 2007, LB463, § 1280.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6328.02 - Existing rules, regulations, licenses, certificates, forms of approval, suits, other proceedings; how treated.

71-6328.02.
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 Residential Lead-Based Paint Professions Certification Act shall continue to be effective under the Residential Lead-Based Paint Professions Practice Act 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 Residential Lead-Based Paint Professions Certification Act shall remain valid as issued for purposes of the changes made by Laws 2007, LB 463, in the Residential Lead-Based Paint Professions Practice Act 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 Residential Lead-Based Paint Professions Certification Act shall be subject to the provisions of the act as they existed prior to December 1, 2008.
Source
Laws 2007, LB463, § 1285.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6329 - Violations; penalties.

71-6329.
Violations; penalties.
(1) A firm which engages in an abatement project without a valid license as provided in the Residential Lead-Based Paint Professions Practice 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 a lead-based paint profession without a valid 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 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 firm which knowingly engages in an abatement project but which uses employees who do not hold licenses 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.
(4) Any firm conducting an accredited training program which knowingly engages in issuing fraudulent licenses or fails to conduct its training program in accordance with its accreditation shall, in addition to having its accreditation revoked, pay a civil penalty of not less than five thousand dollars nor more than twenty-five thousand dollars.
(5) The civil penalties prescribed in subsections (1), (2), (3), and (4) of this section shall be assessed in a civil action brought for such purpose by the Attorney General or the county attorney in the district court of the county in which the violation occurred.
(6) An individual or firm which has been assessed a civil penalty under this section and subsequently engages in an abatement project or a lead-based paint profession without a valid license or using employees who do not hold licenses, conducts training programs without being accredited by the department, or issues fraudulent licenses, except as otherwise provided in the 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 1994, LB 1210, § 177;
Laws 1999, LB 863, § 50;
Laws 2007, LB463, § 1281.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6330 - Violations; action to enjoin.

71-6330.
Violations; action to enjoin.
Upon the request of the department, the Attorney General or appropriate county attorney shall institute without delay an action in the name of the state for proceedings appropriate against any individual or firm to restrain or prevent any violation of the Residential Lead-Based Paint Professions Practice Act or of any rules and regulations adopted and promulgated pursuant to the act.
Source
Laws 1994, LB 1210, § 178;
Laws 1999, LB 863, § 51;
Laws 2007, LB463, § 1282.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6331.01 - Environmental audits; applicability.

71-6331.01.
Environmental audits; applicability.
Sections 25-21,254 to 25-21,264 do not apply to the Residential Lead-Based Paint Professions Practice Act.
Source
Laws 1999, LB 863, § 54;
Laws 2007, LB463, § 1284.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6401 - Act, how cited.

71-6401.
Act, how cited.
Sections 71-6401 to 71-6408 shall be known and may be cited as the Building Construction Act.
Source
Laws 1987, LB 227, § 1;
Laws 2023, LB531, § 26.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6402 - Purpose of act.

71-6402.
Purpose of act.
It is the purpose of the Building Construction Act to:
(1) Adopt a state building code to govern the construction, reconstruction, alteration, and repair of buildings and other structures within Nebraska;
(2) Provide state standards to safeguard life, health, property, and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, and maintenance of buildings and structures within this state; and
(3) Provide for the use of modern and innovative methods, devices, materials, and techniques in the design and construction of buildings and other structures.
Source
Laws 1987, LB 227, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6403 - State building code; adopted; amendments.

71-6403.
State building code; adopted; amendments.
(1) There is hereby created the state building code. The Legislature hereby adopts by reference:
(a) The International Building Code (IBC), 2018 edition, except section 101.4.3 and chapter 29, published by the International Code Council, except that (i) section 305.2.3 applies to a facility having twelve or fewer children and (ii) section 310.4.1 applies to a care facility for twelve or fewer persons;
(b) The International Residential Code (IRC), 2018 edition, except section R313 and chapters 25 through 33, published by the International Code Council;
(c) The International Existing Building Code, 2018 edition, except section 809, published by the International Code Council; and
(d) The Uniform Plumbing Code, 2018 edition, designated by the American National Standards Institute as an American National Standard.
(2) The codes adopted by reference in subsection (1) of this section and the minimum standards for radon resistant new construction adopted under section 76-3504 shall constitute the state building code except as amended pursuant to the Building Construction Act or as otherwise authorized by state law.
Source
Laws 1987, LB 227, § 3;
Laws 1993, LB 319, § 1;
Laws 1996, LB 1304, § 4;
Laws 2003, LB 643, § 1;
Laws 2010, LB799, § 1;
Laws 2011, LB546, § 1;
Laws 2015, LB540, § 1;
Laws 2017, LB590, § 1;
Laws 2019, LB130, § 1;
Laws 2019, LB348, § 1;
Laws 2019, LB405, § 1;
Laws 2021, LB131, § 21.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6404 - State building code; applicability.

71-6404.
State building code; applicability.
(1) For purposes of the Building Construction Act:
(a) Component means a portion of the state building code created pursuant to section 71-6403; and
(b) Radon resistant new construction has the same meaning as in section 76-3503.
(2) The state building code shall be the building and construction standard within the state and shall be applicable:
(a) To all buildings and structures owned by the state or any state agency;
(b) In each county, city, or village which elects to adopt the state building code as its local building or construction code pursuant to section 71-6406; and
(c) In each county, city, or village which has not adopted a local building or construction code pursuant to section 71-6406 within two years after an update to the state building code.
Source
Laws 1987, LB 227, § 4;
Laws 1993, LB 319, § 2;
Laws 2010, LB799, § 2;
Laws 2016, LB704, § 213;
Laws 2019, LB96, § 1;
Laws 2019, LB130, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6405 - State building code; compliance required.

71-6405.
State building code; compliance required.
(1) All state agencies, including all state constitutional offices, state administrative departments, and state boards and commissions, the University of Nebraska, and the Nebraska state colleges, shall comply with the state building code. The state building code shall be the legally applicable code in all buildings and structures owned by the state or any state agency regardless of whether the state, state agency, or applicable county, city, or village has provided for the administration or enforcement of the state building code.
(2) No state agency may adopt, promulgate, or enforce any rule or regulation in conflict with the state building code unless otherwise specifically authorized by statute to (a) adopt, promulgate, or enforce any rule or regulation in conflict with the state building code or (b) adopt or enforce a building or construction code other than the state building code.
(3) Nothing in the Building Construction Act shall authorize any state agency to apply such act to manufactured homes or recreational vehicles regulated by the Uniform Standard Code for Manufactured Homes and Recreational Vehicles or to modular housing units regulated by the Nebraska Uniform Standards for Modular Housing Units Act.
Source
Laws 1987, LB 227, § 5;
Laws 1993, LB 319, § 3;
Laws 1996, LB 1304, § 5;
Laws 2003, LB 643, § 2;
Laws 2010, LB799, § 3;
Laws 2011, LB546, § 2;
Laws 2012, LB1001, § 1;
Laws 2017, LB590, § 2;
Laws 2021, LB131, § 22.
Cross References
Nebraska Uniform Standards for Modular Housing Units Act, see section 71-1555.
Uniform Standard Code for Manufactured Homes and Recreational Vehicles, see section 71-4601.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6407 - Construction of act.

71-6407.
Construction of act.
Nothing in the Building Construction Act shall be construed to authorize any state agency or political subdivision to regulate the construction of farm buildings or other buildings or structures when such regulation is otherwise prohibited by law. Nothing in the act shall be construed to authorize any state agency or political subdivision to have any authority either to establish or to continue in effect, with respect to any manufactured home built pursuant to the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401 to 5426, any standard regarding construction or safety which is not identical to standards promulgated by the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401 to 5426, and the regulations promulgated by the United States Department of Housing and Urban Development under the federal law when there is in effect a standard of the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401 to 5426, or the regulations applicable to the same aspect of performance of such manufactured home.
Source
Laws 1987, LB 227, § 7;
Laws 1994, LB 511, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6408 - Refrigerant; state building code; regulation; restrictions.

71-6408.
Refrigerant; state building code; regulation; restrictions.
No provision of the state building code may prohibit or otherwise limit the use of a refrigerant designated as acceptable for use pursuant to and in accordance with 42 U.S.C. 7671k, as such section existed on January 1, 2023, as long as any equipment containing such refrigerant is listed and installed in accordance with safety standards and use conditions imposed pursuant to such designation.
Source
Laws 2023, LB531, § 27.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6501 - Terms, defined.

71-6501.
Terms, defined.
For purposes of sections 71-6501 to 71-6504:
(1) Activities of daily living has the definition found in section 71-6602;
(2) Attendant services means services provided to nonmedically fragile persons, including hands-on assistance with activities of daily living, transfer, grooming, bathing, medication reminders, and similar activities;
(3) Companion services means the provision of companionship and assistance with letter writing, reading, and similar activities;
(4) Homemaker services means assistance with household tasks, including, but not limited to, housekeeping, personal laundry, shopping, incidental transportation, and meals;
(5) In-home personal services means attendant services, companion services, and homemaker services that do not require the exercise of medical or nursing judgment provided to a person in his or her residence to enable the person to remain safe and comfortable in such residence;
(6) In-home personal services agency means an entity that provides or offers to provide in-home personal services for compensation by employees of the agency or by persons with whom the agency has contracted to provide such services. In-home personal services agency does not include a local public health department as defined in section 71-1626, a health care facility as defined in section 71-413, a health care service as defined in section 71-415, programs supported by the federal Corporation for National and Community Service, an unlicensed home care registry or similar entity that screens and schedules independent contractors as caregivers for persons, or an agency that provides only housecleaning services. A home health agency may be an in-home personal services agency; and
(7) In-home personal services worker means a person who meets the requirements of section 71-6502 and provides in-home personal services.
Source
Laws 2007, LB236, § 39;
Laws 2022, LB824, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6502 - In-home personal services worker; qualifications.

71-6502.
In-home personal services worker; qualifications.
An in-home personal services worker:
(1) Shall be at least eighteen years of age;
(2) Shall have good moral character;
(3) Shall not have been convicted of a crime under the laws of Nebraska or another jurisdiction, the penalty for which is imprisonment for a period of more than one year and which crime is rationally related to the person's fitness or capacity to act as an in-home personal services worker;
(4) Shall have no adverse findings on the Adult Protective Services Central Registry, the central registry created in section 28-718, the Medication Aide Registry, the Nurse Aide Registry, or the central registry maintained by the sex offender registration and community notification division of the Nebraska State Patrol pursuant to section 29-4004;
(5) Shall be able to speak and understand the English language or the language of the person for whom he or she is providing in-home personal services; and
(6) Shall have training sufficient to provide the requisite level of in-home personal services offered.
Source
Laws 2007, LB236, § 40;
Laws 2014, LB853, § 49.
Cross References
Adult Protective Services Act, see section 28-348.
Medication Aide Act, see section 71-6718.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6503 - In-home personal services agency; duties.

71-6503.
In-home personal services agency; duties.
An in-home personal services agency shall employ or contract with only persons who meet the requirements of section 71-6502 to provide in-home personal services. The in-home personal services agency shall perform or cause to be performed a criminal history record information check on each in-home personal services worker and a check of his or her driving record as maintained by the Department of Motor Vehicles or by any other state which has issued an operator's license to the in-home personal services worker, when driving is a service provided by the in-home personal services worker, and shall maintain documentation of such checks in its records for inspection at its place of business.
Source
Laws 2007, LB236, § 41.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6504 - Sections; applicability.

71-6504.
Sections; applicability.
Sections 71-6501 to 71-6503 do not apply to the performance of health maintenance activities by designated care aides pursuant to section 38-2219 or to persons who provide personal assistant services, respite care or habilitation services, or aged and disabled services.
Source
Laws 2007, LB236, § 42;
Laws 2007, LB247, § 85.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6601 - Legislative intent.

71-6601.
Legislative intent.
It is the intent of the Legislature that quality health care be provided to all citizens of the state who receive home health aide services through a licensed home health agency. A method of accomplishing quality health care is to ensure adequate training of unlicensed personnel who provide home health aide services by establishing minimum standards for training, evaluation, and supervision. The purpose of sections 71-6601 to 71-6615 is to establish requirements for the provision of home health aide services.
Source
Laws 1988, LB 1100, § 116;
Laws 1991, LB 703, § 53.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6602 - Terms, defined.

71-6602.
Terms, defined.
As used in sections 71-6601 to 71-6615, unless the context otherwise requires:
(1) Activities of daily living means assistance with ambulation, bathing, toileting, feeding, and similar activities;
(2) Basic therapeutic care means basic health care procedures, including, but not limited to, measuring vital signs, applying hot and cold applications and nonsterile dressings, and assisting with, but not administering, internal and external medications which are normally self-administered. Basic therapeutic care does not include health care procedures which require the exercise of nursing or medical judgment;
(3) Department means the Department of Health and Human Services;
(4) Home health agency means a home health agency as defined in section 71-417;
(5) Home health aide means a person who is employed by a home health agency to provide personal care, assistance with the activities of daily living, and basic therapeutic care to patients of the home health agency;
(6) Personal care means hair care, nail care, shaving, dressing, oral care, and similar activities;
(7) Supervised practical training means training in a laboratory or other setting in which the trainee demonstrates knowledge while performing tasks on an individual under the direct supervision of a registered nurse or licensed practical nurse; and
(8) Vital signs means temperature, pulse, respiration, and blood pressure.
Source
Laws 1988, LB 1100, § 117;
Laws 1991, LB 703, § 54;
Laws 1996, LB 1044, § 765;
Laws 1998, LB 1354, § 41;
Laws 2000, LB 819, § 136;
Laws 2007, LB296, § 662;
Laws 2022, LB824, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6603 - Home health aide; requirements.

71-6603.
Home health aide; requirements.
On and after September 6, 1991, no person shall act as a home health aide unless such person:
(1) Is at least eighteen years of age;
(2) Is of good moral character;
(3) Has not been convicted of a crime under the laws of this state or another jurisdiction, the penalty for which is imprisonment for a period of more than one year and which is rationally related to the person's fitness or capacity to act as a home health aide;
(4) Is able to speak and understand the English language or the language of the home health agency patient and the home health agency staff member who acts as the home health aide's supervisor;
(5) Meets one of the following qualifications:
(a) Has successfully completed a home health aide training course which meets the standards described in section 71-6608.01;
(b) Is a graduate of a school of nursing;
(c) Has been employed by a licensed home health agency as a home health aide II prior to September 6, 1991;
(d) Has successfully completed a course in a school of nursing which included practical clinical experience in fundamental nursing skills and has completed a competency evaluation as described in section 71-6608.02;
(e) Has successfully completed a basic course of training approved by the department for nurse aides as required by section 71-6039 and has completed a competency evaluation as described in section 71-6608.02;
(f) Has been employed by a licensed home health agency as a home health aide I prior to September 6, 1991, and has completed a competency evaluation as described in section 71-6608.02; or
(g) Has met the qualifications equal to one of those contained in subdivisions (a) through (f) of this subdivision in another state or territory of the United States; and
(6) Has provided to the employing licensed home health agency proof of meeting the requirements of this section.
Source
Laws 1988, LB 1100, § 118;
Laws 1991, LB 703, § 55;
Laws 2002, LB 1062, § 63;
Laws 2017, LB417, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6605 - Home health aides; permitted acts.

71-6605.
Home health aides; permitted acts.
Home health aides may perform only personal care, assistance with the activities of daily living, and basic therapeutic care. A home health aide may provide medication only in compliance with the Medication Aide Act. Home health aides may not perform acts which require the exercise of nursing or medical judgment.
Source
Laws 1988, LB 1100, § 120;
Laws 1991, LB 703, § 56;
Laws 1998, LB 1354, § 42.
Cross References
Medication Aide Act, see section 71-6718.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6606 - Home health agencies; employ qualified aides.

71-6606.
Home health agencies; employ qualified aides.
After January 1, 1989, home health agencies shall employ only home health aides qualified to provide home health care pursuant to sections 71-6601 to 71-6615. The department shall prescribe procedures for verification by home health agencies of successful completion of the requirements of section 71-6603. Home health agencies shall provide direction and supervision of home health aides. Home health agencies shall provide or make available to their home health aides four one-hour inservice programs per year on subjects relevant to home health care and shall verify such programs in a manner and method prescribed by the department.
Source
Laws 1988, LB 1100, § 121;
Laws 1991, LB 703, § 57.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6607 - Home health agency; provide supervision; care plan.

71-6607.
Home health agency; provide supervision; care plan.
The home health agency shall provide supervision of home health aides by a Nebraska-licensed registered nurse.
Supervision of home health aide services consisting of personal care, assistance with activities of daily living, and measuring vital signs, if such measurements are taken at the request of the patient and are not required pursuant to the nursing care plan, shall include, at a minimum, an onsite visit to each patient, with or without the home health aide being present, once every sixty-two days and an onsite visit to observe each home health aide providing care and assistance and measuring vital signs once every six months.
Except for measuring vital signs at the request of the patient when such measurements are not required pursuant to the nursing care plan, supervision of home health aide services for basic therapeutic care shall include at a minimum an onsite visit to each patient, with or without the health aide being present, once every two weeks.
A care plan for home health aide services shall be developed for each patient by a Nebraska-licensed registered nurse and reviewed by the registered nurse as required by the patient's current condition or at least every sixty-two days.
Source
Laws 1988, LB 1100, § 122;
Laws 1991, LB 703, § 58.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6608 - Home health aide; demonstrate competency; when required.

71-6608.
Home health aide; demonstrate competency; when required.
After January 1, 1989, any home health aide not acting as such for a period of three years shall demonstrate competency in the tasks and duties which are the subject of home health aide training courses. The home health agency shall determine and verify competency of the home health aide in the manner and method prescribed by the department.
Source
Laws 1988, LB 1100, § 123.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6608.01 - Home health aide training course; standards; supervised training; documentation required.

71-6608.01.
Home health aide training course; standards; supervised training; documentation required.
A home health aide training course shall meet the following standards with regard to content and duration of training, qualifications for instructors, and documentation of training:
(1) Such course shall address each of the following subject areas through classroom and supervised practical training totaling at least seventy-five hours, with at least sixteen hours devoted to supervised practical training after the individual being trained has completed at least sixteen hours of classroom training:
(a) Communications skills;
(b) Observation, reporting, and documentation of patient status and the care or service furnished;
(c) Reading and recording temperature, pulse, and respiration;
(d) Basic infection control procedures;
(e) Basic elements of body functioning and changes in body functioning that must be reported to a home health aide's supervisor;
(f) Maintenance of a clean, safe, and healthy environment;
(g) Recognizing emergencies and knowledge of emergency procedures;
(h) The physical, emotional, and developmental needs of and ways to work with the populations served by the home health agency, including the need for respect for the patient, his or her privacy, and his or her property;
(i) Appropriate and safe techniques in personal hygiene and grooming that include:
(i) Bed bath;
(ii) Bath: Sponge, tub, and shower;
(iii) Shampoo: Sink, tub, and bed;
(iv) Nail and skin care;
(v) Oral hygiene; and
(vi) Toileting and elimination;
(j) Safe transfer techniques and ambulation;
(k) Normal range of motion and positioning;
(l) Adequate nutrition and fluid intake; and
(m) Any other task that the home health agency may choose to have the home health aide perform;
(2) The training and supervision of home health aides during the supervised practical portion of the training shall be performed by or under the general supervision of a registered nurse who possesses a minimum of two years of nursing experience, at least one year of which is in the provision of home health care, and who has supervised home health aide services for at least six months. Other individuals may be used to provide instruction under the supervision of a qualified registered nurse;
(3) The home health agency shall maintain sufficient documentation to demonstrate that the requirements of this section are met; and
(4) A home health aide training course may be offered by any organization, except that on or after September 6, 1991, a home health agency that has had its license denied, suspended, or revoked or has had admissions or readmissions prohibited shall not offer a home health aide training course for a period of twenty-four months after the occurrence of such action.
Source
Laws 1991, LB 703, § 59.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6608.02 - Home health aide competency evaluation; requirements.

71-6608.02.
Home health aide competency evaluation; requirements.
If a competency evaluation is required by section 71-6603, the home health agency shall be responsible for ensuring that the individuals who furnish home health aide services on its behalf meet the competency evaluation requirements of this section. A home health aide competency evaluation shall address each of the subjects listed in subdivisions (1)(b) through (1)(m) of section 71-6608.01. The competency evaluation may be offered by any organization except as specified in subdivision (4) of such section. The competency evaluation shall be performed by a registered nurse. The subject areas listed in subdivisions (1)(c) and (1)(i) through (1)(k) of such section shall be evaluated after observation of the aide's performance of the tasks with a patient or other individual. The other subject areas in subdivision (1) of such section shall be evaluated through written examination or oral examination or after observation of a home health aide with a patient or other individual. A home health aide shall not be considered competent in any task for which he or she is evaluated as unsatisfactory, and the home health aide shall not perform that task without direct supervision by a Nebraska-licensed nurse until after he or she receives training in the task for which he or she was evaluated as unsatisfactory and subsequently is evaluated as satisfactory. A home health aide shall not be considered to have successfully passed a competency evaluation if the aide has been evaluated as unsatisfactory in more than one of the required areas. The home health agency shall maintain documentation which demonstrates that the requirements of this section are met.
Source
Laws 1991, LB 703, § 60.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6612 - Home health agency; verify competency.

71-6612.
Home health agency; verify competency.
Each home health agency shall be responsible for verifying in a manner and method prescribed by the department that a home health aide is competent to provide personal care, assistance with the activities of daily living, and basic therapeutic care to patients of the agency.
Source
Laws 1988, LB 1100, § 127;
Laws 1991, LB 703, § 62.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6615 - Hospice program; volunteers exempt.

71-6615.
Hospice program; volunteers exempt.
Sections 71-6601 to 71-6612 shall not apply to any volunteers working on behalf of a hospice licensed under the Health Care Facility Licensure Act who, as part of their volunteer duties, provide home health care.
Source
Laws 1988, LB 1100, § 130;
Laws 1991, LB 703, § 64;
Laws 1996, LB 1155, § 66;
Laws 2000, LB 819, § 137.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6719 - Legislative findings.

71-6719.
Legislative findings.
The Legislature finds that the administration of medications by persons other than oneself or one's caretaker should be a regulated act and there is a need to define a system to safely assist individuals to take medications who do not have the ability to take medications independently. The Medication Aide Act sets forth provisions of such a system.
Source
Laws 1998, LB 1354, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6720 - Purpose of act; applicability.

71-6720.
Purpose of act; applicability.
(1) The purposes of the Medication Aide Act are to ensure the health, safety, and welfare of the public by providing for the accurate, cost-effective, efficient, and safe utilization of medication aides to assist in the administration of medications by (a) competent individuals, (b) caretakers who are parents, foster parents, family, friends or legal guardians, and (c) licensed health care professionals.
(2) The act applies to all settings in which medications are administered except the home, unless the in-home administration of medication is provided through a licensed home health agency, a licensed or certified home and community-based provider, or a licensed PACE center as defined in section 71-424.01.
(3) The act does not apply to the provision of reminders to persons to self-administer medication or assistance to persons in the delivery of nontherapeutic topical applications by in-home personal services workers. For purposes of this subsection, in-home personal services worker has the definition found in section 71-6501.
Source
Laws 1998, LB 1354, § 10;
Laws 2007, LB236, § 44;
Laws 2020, LB1053, § 20.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6722 - Administration of medication; by whom.

71-6722.
Administration of medication; by whom.
Administration of medication may be done by competent individuals to themselves, by caretakers of recipients receiving medication, or by licensed health care professionals for whom administration of medication is included in their scope of practice.
A medication aide, a person licensed to operate a child care facility or a staff member of a child care facility, or a staff member of a school may participate in medication administration, when directed and monitored by a competent individual, caretaker, or health care professional, by providing medications in compliance with the Medication Aide Act and rules and regulations adopted and promulgated under the act. In each case, the individual responsible for providing direction and monitoring shall be identified in writing and indication that such individual has accepted such responsibility shall also be identified in writing.
Source
Laws 1998, LB 1354, § 12.