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1,943 sections in this chapter.
Neb. Rev. Stat. § 71-641 Birth certificates; without given name; legal change of name; procedure.
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(1) Until the registrant's seventh birthday, the given name, for a child whose birth was recorded without a given name, may be added based upon an affidavit signed by (a) both parents, (b) the mother in the case of a child born out of wedlock or the death or incapacity of the fat…
Neb. Rev. Stat. § 71-642 Birth or death certificates; medical certification; amendment; requirements.
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All items in the medical certification or of a medical nature in a vital record may be amended only upon receipt of a signed statement from those responsible for completion of the entries involved as provided in the Vital Statistics Act. The department may, at its discretion, req…
Neb. Rev. Stat. § 71-643 Birth or death certificate; additional amendment; requirements.
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When an entry on a vital record has been amended, that entry shall not be amended again unless (1) it can be shown that the first amendment was made through mistake, or (2) a court order is received from a court of competent jurisdiction.
Neb. Rev. Stat. § 71-644 Birth or death certificate; amendment; requirements.
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A certificate or report that is amended under sections 71-635 to 71-644 shall indicate that it has been amended as provided by rules and regulations of the department. A record shall be maintained which identifies the evidence upon which the amendment was based, the date of the a…
Neb. Rev. Stat. § 71-645 Birth defects; findings and duties.
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It is hereby found that the occurrence of malformation or inherited disease at the time of birth is a tragedy for the child, the family, and the community, and a matter of vital concern to the public health. In order to provide for the protection and promotion of the health of th…
Neb. Rev. Stat. § 71-646 Birth defects; registry; purpose; information released.
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The department shall establish a birth defects registry for the purpose of initiating and conducting investigations of the causes, mortality, methods of prevention, treatment, and cure of birth defects and allied diseases. Any information released from the registry shall be discl…
Neb. Rev. Stat. § 71-647 Birth defects; department; powers and duties; information released.
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(1) The department shall have and may exercise the following powers and duties: (a) To conduct scientific investigations and surveys of the causes, mortality, methods of prevention, treatment, and cure of birth defects; (b) To publish at least annually the results of such investi…
Neb. Rev. Stat. § 71-648 Birth defects; reports.
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Birth defects and allied diseases shall be reported by physicians, hospitals, and persons in attendance at births in the manner and on such forms as may be prescribed by the department. Such reports may be included in the monthly report to the department on births as required by …
Neb. Rev. Stat. § 71-649 Vital statistics; unlawful acts; enumerated; violations; penalties; warning statement.
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(1) Any person who (a) willfully and knowingly makes any false statement in a certificate, record, or report required to be filed pursuant to the Vital Statistics Act, in an application for an amendment thereof, or in an application for a certified copy of a vital record or willf…
Neb. Rev. Stat. § 71-6501 Terms, defined.
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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, groomi…
Neb. Rev. Stat. § 71-6502 In-home personal services worker; qualifications.
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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 …
Neb. Rev. Stat. § 71-6503 In-home personal services agency; duties.
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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 chec…
Neb. Rev. Stat. § 71-6504 Sections; applicability.
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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.
Neb. Rev. Stat. § 71-6601 Legislative intent.
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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 …
Neb. Rev. Stat. § 71-6602 Terms, defined.
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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 l…
Neb. Rev. Stat. § 71-6603 Home health aide; requirements.
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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 i…
Neb. Rev. Stat. § 71-6605 Home health aides; permitted acts.
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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 exerci…
Neb. Rev. Stat. § 71-6606 Home health agencies; employ qualified aides.
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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 requir…
Neb. Rev. Stat. § 71-6607 Home health agency; provide supervision; care plan.
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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 tak…
Neb. Rev. Stat. § 71-6608 Home health aide; demonstrate competency; when required.
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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 hea…
Neb. Rev. Stat. § 71-6608.01 Home health aide training course; standards; supervised training; documentation required.
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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…
Neb. Rev. Stat. § 71-6608.02 Home health aide competency evaluation; requirements.
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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 …
Neb. Rev. Stat. § 71-6612 Home health agency; verify competency.
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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.
Neb. Rev. Stat. § 71-6615 Hospice program; volunteers exempt.
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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.
Neb. Rev. Stat. § 71-6718 Act, how cited.
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Sections 71-6718 to 71-6742 shall be known and may be cited as the Medication Aide Act.
Neb. Rev. Stat. § 71-6719 Legislative findings.
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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 independ…
Neb. Rev. Stat. § 71-6720 Purpose of act; applicability.
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(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, …
Neb. Rev. Stat. § 71-6721 Terms, defined.
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For purposes of the Medication Aide Act: (1) Ability to take medications independently means the individual is physically capable of (a) the act of taking or applying a dose of a medication, (b) taking or applying the medication according to a specific prescription or recommended…
Neb. Rev. Stat. § 71-6722 Administration of medication; by whom.
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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 li…
Neb. Rev. Stat. § 71-6723 Administration of medication; methods authorized; conditions; additional methods; requirements.
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(1) 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 provide routine medications by the following routes: (a) Oral; (b) inhalation; (c) topical; and (d) instillation into the eyes, …
Neb. Rev. Stat. § 71-6724 Medication administration records.
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A medication aide, a facility using a medication aide, a child care facility using the services of a person licensed to operate a child care facility or a staff member of a child care facility, or a school using the services of a staff member of the school shall keep and maintain…
Neb. Rev. Stat. § 71-6725 Minimum standards for competencies.
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(1) The minimum competencies for 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 shall include (a) maintaining confidentiality, (b) complying with a recipient's right to refuse to take…
Neb. Rev. Stat. § 71-6726 Medication aide; registration; qualifications; report of conviction required; licensure as nurse; effect.
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(1) To register as a medication aide, an individual shall (a) have successfully completed the requirements in section 71-6725, (b) be at least eighteen years of age, (c) be of good moral character, (d) file an application with the department, and (e) pay the applicable fee. (2) A…
Neb. Rev. Stat. § 71-6727 Medication Aide Registry; contents.
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(1) The department shall list each medication aide registration in the Medication Aide Registry as a Medication Aide-40-Hour, Medication Aide-20-Hour, or Medication Aide. A listing in the registry shall be valid for the term of the registration and upon renewal unless such listin…
Neb. Rev. Stat. § 71-6728 Registration; renewal; fee.
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Registration as a medication aide shall be renewed biennially based upon competency. The department may prescribe by rule and regulation how a medication aide can show competency for purposes of renewal. Payment of the applicable fee shall be a condition of renewal. After Septemb…
Neb. Rev. Stat. § 71-6729 Screening and review.
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The department may conduct periodic and random screening or review of entities conducting competency assessments or courses and of the activities of applicants and medication aides as may be necessary to ensure compliance with the Medication Aide Act and the rules and regulations…
Neb. Rev. Stat. § 71-6730 Failure to meet standards; violations; department; powers.
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(1) The department may deny registration or refuse renewal of or remove a registration from the Medication Aide Registry for failure to meet the standards in section 71-6725 or for violation of the Medication Aide Act or the rules and regulations. (2) If the department proposes t…
Neb. Rev. Stat. § 71-6731 Informal conference; procedure.
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If an informal conference is requested, the department shall assign a representative of the department to hold an informal conference with the applicant or registrant within fifteen working days after receipt of a request. Within seven working days after the conclusion of such co…
Neb. Rev. Stat. § 71-6732 Contested actions; procedure.
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Except as provided by section 71-6731, an applicant or registrant who desires to contest an action or to further contest an affirmed or modified action shall do so in the manner provided in the Administrative Procedure Act for contested cases. The chief medical officer as designa…
Neb. Rev. Stat. § 71-6733 Reapplication authorized; lifting of sanctions.
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A person whose registration has been denied, refused renewal, or removed from the Medication Aide Registry may reapply for registration or for lifting of the disciplinary sanction at any time after one year has elapsed since the date such registration was denied, refused renewal,…
Neb. Rev. Stat. § 71-6734 Fees.
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The department shall establish and collect fees for credentialing activities under the Medication Aide Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 71-6735 Facility, school, or child care facility; subject to discipline.
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A facility shall be subject to discipline under the Health Care Facility Licensure Act or other relevant statutes for violation of the Medication Aide Act or the rules and regulations. A school shall be subject to discipline under Chapter 79 for violation of the Medication Aide A…
Neb. Rev. Stat. § 71-6736 Alleged incompetence; reports required; confidential; immunity.
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(1) Any facility or person using the services of a medication aide shall report to the department, in the manner specified by the department by rule and regulation, any facts known to him, her, or it, including, but not limited to, the identity of the medication aide and the reci…
Neb. Rev. Stat. § 71-6737 Complaints, investigational records, reports, and investigational files; disclosure; restrictions.
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Complaints, investigational records, reports, and investigational files of any kind of the department shall not be public record, shall not be subject to subpoena or discovery, and shall be inadmissible in evidence in any legal proceeding of any kind or character except an inform…
Neb. Rev. Stat. § 71-6738 Convictions; reports required.
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On and after July 1, 1999, the clerk of any county court or district court in this state shall report to the department the conviction in such court of any medication aide of any felony or any misdemeanor. The Attorney General or the city prosecutor or county attorney prosecuting…
Neb. Rev. Stat. § 71-6739 Prohibited act; exceptions.
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On and after July 1, 1999, no person, facility, or school shall use or employ any individual to provide medications to a recipient unless the individual is a medication aide registered under the Medication Aide Act or is otherwise authorized to administer or provide medication, e…
Neb. Rev. Stat. § 71-6740 Injunction.
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The department may maintain an action for an injunction in the name of the state for violation of the Medication Aide Act or the rules and regulations.
Neb. Rev. Stat. § 71-6741 Violation; penalty.
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Any person who intentionally violates the Medication Aide Act is guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 71-6742 Eligibility for Licensee Assistance Program.
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Medication aides are eligible to participate in the Licensee Assistance Program as prescribed by section 38-175.
Neb. Rev. Stat. § 71-6743 Rules and regulations.
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The Department of Health and Human Services may adopt and promulgate rules and regulations which shall ensure proper storage, handling, and disposal of medication in facilities and schools as defined in section 71-6721.